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Dane County Department of Human Services v. Lisa B.2/1/2001
e trial court, that in the context of a TPR dispositional hearing, any privilege under § 905.04 relating to a child's medical or treatment records or information may be claimed only by the child, or by his or her guardian ad litem, but may not be asserted by a parent on behalf of the child.
. Finally, Lisa claims that the trial court lost competency to proceed because the fact-finding hearing was not held within forty-five days of the hearing on the TPR petition. See Wis. Stat. § 48.422. Before reviewing the chronology of proceedings in the trial court, we note that under Wis. Stat. § 48.315, the "time requirements" specified in chapter 48 may be tolled under certain circumstances:
(1) The following time periods shall be excluded in computing time requirements within this chapter:
....
(b) Any period of delay resulting from a continuance granted at the request of or with the consent of the child and his or her counsel ....
....
(d) Any period of delay resulting from a continuance granted at the request of the representative of the public under s. 48.09 if the continuance is granted because of the unavailability of evidence material to the case when he or she has exercised due diligence to obtain the evidence and there are reasonable grounds to believe that the evidence will be available at the later date, or to allow him or her additional time to prepare the case and additional time is justified because of the exceptional circumstances of the case.
....
(2) A continuance shall be granted by the court only upon a showing of good cause in open court or during a telephone conference under s. 807.13 on the record and only for so long as is necessary, taking into account the request or consent of the district attorney or the parties and the interest of the public in the prompt disposition of cases.
. The department filed the TPR petition on December 3, 1999, and the initial hearing on it was held on December 23. The court, following testimony by Lisa regarding paternity, adjourned the hearing until January 18, 2000, in order to allow the alleged father to be served by publication. On January 18, the matter of scheduling the fact-finding hearing was discussed, and Lisa's counsel made the following request: "Your Honor, if it's possible I would like to get a date approximately 45 to 60 days out. Considering the history in this case, it's going to take me a considerable amount of time to do a thorough investigation ...." Counsel for the department and the guardian ad litem did not object to the request. A three-day jury trial was scheduled for the week of March 27, 2000, all counsel agreed to related discovery deadlines, and the court entered a scheduling order.
. The parties were next in court on March 7, 2000 regarding a discovery dispute. The court conducted a pre-trial conference on March 13 and a status conference on March 24. At the latter proceeding, the guardian ad litem requested the court to postpone the jury trial because of concerns that an emergency involving the presiding judge's family might interfere with completion of the trial as scheduled. The guardian ad litem advised the court that "all counsel agree with that and is basically a stipulated request." The court denied the request, stating that, at that time, it appeared likely that the trial could be completed as scheduled on March 29-31. On March 28, however, the court informed the parties that the trial would indeed need to be postponed due to a medical emergency relating to the judge's father, and no party objected.
. A jury was selected on April 24, and the matter was tried on April 26, 27 and 28,
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