Opinion
No. 2005AP2251.
April 11, 2006.
APPEAL from an order of the circuit court for Outagamie County: MARK J. McGINNIS, Judge. Affirmed.
Before Cane, C.J., Hoover, P.J., and Peterson, J.
Michael and Sue Giambrone appeal a circuit court order dismissing their appeal from an administrative decision regarding their attempted adoption of their nephew and niece, Dustin and Sarabeth. They claim the court erred when it dismissed their petition for review.
¶ 2 After termination of parental rights dispositions, the Giambrones filed an application to adopt Dustin and Sarabeth. Apparently, the children's foster parents also filed an application to adopt them. At some point, the department notified the Giambrones that Dustin and Sarabeth would be placed for adoption with the foster parents. The Giambrones attempted to appeal the department's decision, but an administrative law judge for the Division of Hearings and Appeals dismissed their petition for review. By the time of the administrative law judge's decision, the children had already been adopted by the foster parents. The Giambrones then appealed to the circuit court, which dismissed their appeal on two grounds. First, it concluded that the Giambrones had failed to comply with the service requirements of WIS. STAT. § 227.53(1)(c). Second, it concluded that their claims were moot because another circuit court had finalized the foster parents' adoption of the children.
All references to the Wisconsin Statutes are to the 2003-04 version unless otherwise noted.
¶ 3 On appeal, the department makes a number of arguments in response to the Giambrones' claims. One of those arguments is that the Giambrones' claims are moot because Dustin and Sarabeth have already been adopted. We agree. Once Dustin and Sarabeth were adopted by the foster parents, any decision in the Giambrones' favor could have no practical legal effect. See Elgin Carol W. v. Wisconsin DHFS , 221 Wis. 2d 36, 41, 584 N.W.2d 195 (Ct.App. 1998). The children are simply no longer available for adoption, and the department is incapable of nullifying adoptions finalized in a circuit court. Further, the Giambrones fail to reply to the department's argument that their claims are moot and, as a result, they concede that argument. See Charolais Breeding Ranches, Ltd. v. FPC Secs. Corp. , 90 Wis. 2d 97, 109, 279 N.W.2d 493 (Ct.App. 1979).
By the Court. — Order affirmed.