48.77 Injunction against violations.
SUBCHAPTER XVII
GENERAL PROVISIONS ON RECORDS
48.78 Confidentiality of records.
SUBCHAPTER XVIII
COMMUNITY SERVICES
48.79 Powers of the department.
48.80 Municipalities may sponsor activities.
SUBCHAPTER XIX
ADOPTION OF MINORS; GUARDIANSHIP
48.81 Who may be adopted.
48.825 Advertising related to adoption.
48.83 Jurisdiction and venue.
48.831 Appointment of guardian for child without a living parent for adoptability finding.
48.832 Transfer of guardianship upon revocation of guardian's license or contract.
48.833 Placement of children for adoption by the department, county departments, and child welfare agencies.
48.834 Placement of children with relatives or siblings for adoption by the department, county departments, and child welfare agencies.
48.835 Placement of children with relatives for adoption.
48.837 Placement of children with nonrelatives for adoption.
48.838 Foreign adoption fees.
48.839 Adoption of foreign children.
48.84 Preadoption preparation for proposed adoptive parents.
48.841 Persons required to file recommendation as to adoption.
48.85 Recommendation of guardian.
48.871 Filing of recommendation by guardian.
48.88 Notice of hearing; investigation.
48.89 Recommendation of the department.
48.90 Filing of adoption petition; preadoption residence.
48.913 Payments by adoptive or proposed adoptive parents to a birth parent or child or on behalf of a birth parent or child.
48.915 Adoption appeals given preference.
48.92 Effect of adoption.
48.925 Visitation rights of certain persons.
48.94 New birth certificate.
48.95 Withdrawal or denial of petition.
48.96 Subsequent adoption.
48.97 Adoption orders of other jurisdictions.
48.975 Adoption assistance.
48.977 Appointment of guardians for certain children in need of protection or services.
48.978 Appointment or designation of standby guardian of a child.
SUBCHAPTER XX
MISCELLANEOUS PROVISIONS
48.98 Interstate placement of children.
48.981 Abused or neglected children and abused unborn children.
48.982 Child abuse and neglect prevention board.
48.983 Child abuse and neglect prevention program.
48.985 Expenditure of federal child welfare funds.
48.986 Child abuse and neglect and unborn child abuse services.
48.987 Earnings of self-supporting minors.
48.988 Interstate compact on the placement of children.
48.989 Interstate compact on the placement of children: additional procedure.
48.9985 Interstate adoption agreements.
Ch. 48 Note
NOTE: 1995 Wis. Act 275, which made major revisions of Chapter 48, contains extensive explanatory notes.
GENERAL PROVISIONS
48.01
48.01
Title and legislative purpose. 48.01(1)
(1) This chapter may be cited as "The Children's Code". In construing this chapter, the best interests of the child or unborn child shall always be of paramount consideration. This chapter shall be liberally construed to effectuate the following express legislative purposes:
48.01(1)(a)
(a) While recognizing that the paramount goal of this chapter is to protect children and unborn children, to preserve the unity of the family, whenever appropriate, by strengthening family life through assisting parents and the expectant mothers of unborn children, whenever appropriate, in fulfilling their responsibilities as parents or expectant mothers. The courts and agencies responsible for child welfare, while assuring that a child's health and safety are the paramount concerns, should assist parents and the expectant mothers of unborn children in changing any circumstances in the home which might harm the child or unborn child, which may require the child to be placed outside the home or which may require the expectant mother to be taken into custody. The courts should recognize that they have the authority, in appropriate cases, not to reunite a child with his or her family. The courts and agencies responsible for child welfare should also recognize that instability and impermanence in family relationships are contrary to the welfare of children and should therefore recognize the importance of eliminating the need for children to wait unreasonable periods of time for their parents to correct the conditions that prevent their safe return to the family.
48.01(1)(ad)
(ad) To provide judicial and other procedures through which children and all other interested parties are assured fair hearings and their constitutional and other legal rights are recognized and enforced, while protecting the public safety.
48.01(1)(ag)
(ag) To recognize that children have certain basic needs which must be provided for, including the need for adequate food, clothing and shelter; the need to be free from physical, sexual or emotional injury or exploitation; the need to develop physically, mentally and emotionally to their potential; and the need for a safe and permanent family. It is further recognized that, under certain circumstances, in order to ensure that the needs of a child, as described in this paragraph, are provided for, the court may determine that it is in the best interests of the child for the child to be removed from his or her parents, consistent with any applicable law relating to the rights of parents.
48.01(1)(am)
(am) To recognize that unborn children have certain basic needs which must be provided for, including the need to develop physically to their potential and the need to be free from physical harm due to the habitual lack of self-control of their expectant mothers in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree. It is further recognized that, when an expectant mother of an unborn child suffers from a habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, in order to ensure that the needs of the unborn child, as described in this paragraph, are provided for, the court may determine that it is in the best interests of the unborn child for the expectant mother to be ordered to receive treatment, including inpatient treatment, for that habitual lack of self-control, consistent with any applicable law relating to the rights of the expectant mother.
48.01(1)(ap)
(ap) To recognize the compelling need to reduce the harmful financial, societal and emotional impacts that arise and the tremendous burdens that are placed on families and the community and on the health care, social services, educational and criminal justice systems as a result of the habitual lack of self-control of expectant mothers in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, during all stages of pregnancy.
48.01(1)(bg)1.1. To ensure that children are protected against the harmful effects resulting from the absence of parents or parent substitutes, from the inability, other than financial inability, of parents or parent substitutes to provide care and protection for their children and from the destructive behavior of parents or parent substitutes in providing care and protection for their children.
48.01(1)(bg)2.
2. To ensure that children are provided good substitute parental care in the event of the absence, temporary or permanent inability, other than financial inability, or unfitness of parents to provide care and protection for their children.
48.01(1)(bm)
(bm) To ensure that unborn children are protected against the harmful effects resulting from the habitual lack of self-control of their expectant mothers in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree. To effectuate this purpose and the purpose specified in
par. (am), it is the intent of the legislature that the provisions of this chapter that protect unborn children against those harmful effects and that provide for the needs of unborn children, as described in
par. (am), shall be construed to apply throughout an expectant mother's pregnancy to the extent that application of those provisions throughout an expectant mother's pregnancy is constitutionally permissible and that expectant mothers who habitually lack self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, be encouraged to seek treatment for that habitual lack of self-control voluntarily when voluntary treatment would be practicable and effective.
48.01(1)(br)
(br) To encourage innovative and effective prevention, intervention and treatment approaches, including collaborative community efforts and the use of community-based programs, as significant strategies in planning and implementing legislative, executive and local government policies and programs relating to children and their families and substitute families and to unborn children and their expectant mothers.
48.01(1)(dm)
(dm) To divert children and unborn children from formal proceedings under this chapter to the extent that this is consistent with protection of children, unborn children and the public safety.
48.01(1)(f)
(f) To assure that children pending adoptive homes will be placed in the best homes available and protected from adoption by persons unfit to have responsibility for raising children.
48.01(1)(gg)
(gg) To promote the adoption of children into safe and stable families rather than allowing children to remain in the impermanence of foster or treatment foster care.
48.01(1)(gr)
(gr) To allow for the termination of parental rights at the earliest possible time after rehabilitation and reunification efforts are discontinued in accordance with this chapter and termination of parental rights is in the best interest of the child.
48.01(1)(gt)
(gt) To reaffirm that the duty of a parent to support and maintain his or her child continues during any period in which the child may be removed from the custody of the parent.
48.01(1)(h)
(h) To provide a just and humane program of services to nonmarital children, children and unborn children in need of protection or services, and the expectant mothers of those unborn children; to avoid duplication and waste of effort and money on the part of public and private agencies; and to coordinate and integrate a program of services to children and families.
48.01(2)
(2) In proceedings involving an American Indian child, the best interests of the child shall be determined consistent with the Indian child welfare act,
25 USC 1901 to
1963. In this subsection, "American Indian child" means any unmarried person who is under 18 years of age and who is one of the following:
48.01(2)(b)
(b) Eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.
48.01 Annotation
The "paramount consideration" of the child's best interest does not mandate that the child's interests will always outweigh the public's. In Interest of B.B.
166 Wis. 2d 202,
479 N.W.2d 205 (Ct. App. 1991).
48.01 Annotation
Jurisdictional questions relating to the Indian child welfare act are discussed. 70 Atty. Gen. 237.
48.01 Annotation
Adoption and termination proceedings in Wisconsin: Straining the wisdom of Solomon. Hayes and Morse, 66 MLR 439 (1983).
48.01 Annotation
The Indian child welfare act-tribal self-determination through participation in child custody proceedings. 1979 WLR 1202.
48.02
48.02
Definitions. In this chapter, unless otherwise defined:
48.02(1)
(1) "Abuse", other than when used in referring to abuse of alcohol beverages or other drugs, means any of the following:
48.02(1)(a)
(a) Physical injury inflicted on a child by other than accidental means.
48.02(1)(am)
(am) When used in referring to an unborn child, serious physical harm inflicted on the unborn child, and the risk of serious physical harm to the child when born, caused by the habitual lack of self-control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree.
