SB461-SA2,1,2 21. Page 4, line 1: delete that line and substitute:
SB461-SA2,1,3 3" Section 1d. 48.028 (2) (d) 5. of the statutes is created to read:
SB461-SA2,1,54 48.028 (2) (d) 5. A delegation of powers by a parent regarding the care and
5custody of an Indian child for longer than one year under s. 48.979.
SB461-SA2,1f 6Section 1f. 48.028 (2) (e) of the statutes is amended to read:
SB461-SA2,2,27 48.028 (2) (e) "Out-of-home care placement" means the removal of an Indian
8child from the home of his or her parent or Indian custodian for temporary placement
9in a foster home, group home, residential care center for children and youth, or
10shelter care facility, in the home of a relative other than a parent, or in the home of
11a guardian, from which placement the parent or Indian custodian cannot have the
12child returned upon demand. "Out-of-home care placement" does not include an

1adoptive placement, a preadoptive placement, a delegation of powers, as described
2in par. (d) 5.,
or holding an Indian child in custody under ss. 48.19 to 48.21.
SB461-SA2,1h 3Section 1h. 48.028 (3) (c) (intro.) of the statutes is amended to read:
SB461-SA2,2,114 48.028 (3) (c) Transfer of proceedings to tribe. (intro.) In any Indian child
5custody proceeding under this chapter involving an out-of-home placement of, or
6termination of parental rights to, or delegation of powers, as described in sub. (2) (d)
75., regarding,
an Indian child who is not residing or domiciled within the reservation
8of the Indian child's tribe, the court assigned to exercise jurisdiction under this
9chapter shall, upon the petition of the Indian child's parent, Indian custodian, or
10tribe, transfer the proceeding to the jurisdiction of the tribe unless any of the
11following applies:
SB461-SA2,1j 12Section 1j. 48.028 (3) (e) of the statutes is amended to read:
SB461-SA2,2,1613 48.028 (3) (e) Intervention. An Indian child's Indian custodian or tribe may
14intervene at any point in an Indian child custody proceeding under this chapter
15involving an out-of-home care placement of, or termination of parental rights to, or
16delegation of powers, as described in sub. (2) (d) 5., regarding,
the Indian child.
SB461-SA2,1m 17Section 1m. 48.028 (4) (a) of the statutes is amended to read:
SB461-SA2,3,918 48.028 (4) (a) Notice. In any involuntary proceeding involving the out-of-home
19care placement of or, termination of parental rights to, or delegation of powers, as
20described in sub. (2) (d) 5., regarding,
a child whom the court knows or has reason
21to know is an Indian child, the party seeking the out-of-home care placement or,
22termination of parental rights, or delegation of powers shall, for the first hearing of
23the proceeding, notify the Indian child's parent, Indian custodian, and tribe, by
24registered mail, return receipt requested, of the pending proceeding and of their
25right to intervene in the proceeding and shall file the return receipt with the court.

1Notice of subsequent hearings in a proceeding shall be in writing and may be given
2by mail, personal delivery, or facsimile transmission, but not by electronic mail. If
3the identity or location of the Indian child's parent, Indian custodian, or tribe cannot
4be determined, that notice shall be given to the U.S. secretary of the interior in like
5manner. The first hearing in the proceeding may not be held until at least 10 days
6after receipt of the notice by the parent, Indian custodian, and tribe or until at least
715 days after receipt of the notice by the U.S. secretary of the interior. On request
8of the parent, Indian custodian, or tribe, the court shall grant a continuance of up to
920 additional days to enable the requester to prepare for that hearing.
SB461-SA2,1o 10Section 1o. 48.028 (7) (title) of the statutes is repealed and recreated to read:
SB461-SA2,3,1111 48.028 (7) (title) Placements and delegations of powers; preferences.
SB461-SA2,1p 12Section 1p. 48.028 (7) (a) (intro.) of the statutes is amended to read:
SB461-SA2,3,1713 48.028 (7) (a) Adoptive placement or delegation of powers; preferences. (intro.)
14Subject to pars. (c) and (d), in placing an Indian child for adoption or in delegating
15powers, as described in sub. (2) (d) 5., regarding an Indian child
, preference shall be
16given, in the absence of good cause, as described in par. (e), to the contrary, to a
17placement with or delegation to one of the following, in the order of preference listed:
SB461-SA2,1r 18Section 1r. 48.028 (7) (c) of the statutes is amended to read:
SB461-SA2,4,519 48.028 (7) (c) Tribal or personal preferences. In placing an Indian child under
20par. (a), (b), or (bm) or in delegating powers regarding an Indian child under par. (a),
21if the Indian child's tribe has established, by resolution, an order of preference that
22is different from the order specified in par. (a) or (b), the order of preference
23established by that tribe shall be followed, in the absence of good cause, as described
24in par. (e), to the contrary, so long as the placement or delegation under par. (a) is
25appropriate for the Indian child's special needs, if any, and the placement under par.

1(b) or (bm) is the least restrictive setting appropriate for the Indian child's needs as
2specified in par. (b). When appropriate, the preference of the Indian child or parent
3shall be considered, and, when a parent who has consented to the placement or
4delegation
evidences a desire for anonymity, that desire shall be given weight, in
5determining the placement or delegation.
SB461-SA2,1t 6Section 1t. 48.028 (7) (e) 1. b. of the statutes is amended to read:
SB461-SA2,4,127 48.028 (7) (e) 1. b. Any extraordinary physical, mental, or emotional health
8needs of the Indian child requiring highly specialized treatment services as
9established by the testimony of an expert witness, including a qualified expert
10witness. The length of time that an Indian child has been in a placement or subject
11to a delegation of powers, as described in sub. (2) (d) 5.,
does not, in itself, constitute
12an extraordinary emotional health need.
SB461-SA2,1u 13Section 1u. 48.028 (7) (e) 1. c. of the statutes is amended to read:
SB461-SA2,4,1914 48.028 (7) (e) 1. c. The unavailability of a suitable placement for the Indian
15child after diligent efforts have been made to place the Indian child in the order of
16preference under par. (a), (b), or (c) or the unavailability of a suitable agent to whom
17to delegate powers, as described in sub. (2) (d) 5., regarding the Indian child after
18diligent efforts have been made to delegate those powers in the order of preference
19under par. (a)
.
SB461-SA2,1v 20Section 1v. 48.028 (7) (f) of the statutes is amended to read:
SB461-SA2,5,221 48.028 (7) (f) Report of placement placements and delegations of powers. The
22department, a county department, or a child welfare agency shall maintain a record
23of each adoptive placement, out-of-home care placement, and preadoptive
24placement, and delegation of powers, as described in sub. (2) (d) 5., made of an Indian
25child, evidencing the efforts made to comply with the placement preference

1requirements specified in this subsection, and shall make that record available at
2any time on the request of the U.S. secretary of the interior or the Indian child's tribe.
SB461-SA2,1x 3Section 1x. 48.825 (1) (a) of the statutes is amended to read:".
SB461-SA2,5,4 42. Page 4, line 5: delete " profile," and substitute "account,".
SB461-SA2,5,5 53. Page 4, line 6: after that line insert:
SB461-SA2,5,6 6" Section 1z. 48.825 (1) (c) of the statutes is created to read:
SB461-SA2,5,107 48.825 (1) (c) "Internet account" means an account created within a bounded
8system established by an Internet-based service that requires a user to input or store
9access information in an electronic device in order to view, create, use, or edit the
10user's account information, profile, display, communications, or stored data.".
SB461-SA2,5,11 114. Page 5, line 4: delete lines 4 to 6 and substitute:
SB461-SA2,5,12 12" Section 6d. 48.825 (3) (e) of the statutes is repealed.".
SB461-SA2,5,14 135. Page 5, line 20: after "delegation" insert "is to a relative of the child or the
14delegation".
SB461-SA2,5,15 156. Page 5, line 21: after that line insert:
SB461-SA2,5,16 16" Section 8g. 48.979 (1) (dm) of the statutes is amended to read:
SB461-SA2,5,2117 48.979 (1) (dm) A delegation of powers under par. (a) regarding the care and
18custody of an Indian child for any length of time is subject to the requirements of s.
1948.028 (5) (a). A delegation of powers under par. (a) regarding the care and custody
20of an Indian child for longer than one year is also subject to the requirements of s.
2148.028 (3) (c), (4) (a), and (7) (a), (c), (e), and (f).
".
SB461-SA2,5,22 227. Page 5, line 23: delete "to an agent".
SB461-SA2,6,2
18. Page 5, line 24: after "(a)" insert "to an agent who is not a relative of the
2child".
SB461-SA2,6,3 39. Page 7, line 5: after "subject to" insert "s. 48.028 or 938.028 or".
SB461-SA2,6,6 410. Page 7, line 6: after "1963" insert ", and, if the child may be subject to those
5sections or that act, the names and addresses of the child's Indian custodian, if any,
6and Indian tribe, if known".
SB461-SA2,6,8 711. Page 7, line 7: delete "The" and substitute "Except as provided in par. (bm),
8the".
SB461-SA2,6,9 912. Page 7, line 12: delete "child; and" and substitute "child;".
SB461-SA2,6,12 1013. Page 7, line 13: delete "power. Notice" and substitute "power; and, if the
11child is an Indian child, the Indian child's Indian custodian, if any, and tribe, if
12known. The petition and notice".
SB461-SA2,6,14 1314. Page 7, line 14: delete "Notice is considered to be given" and substitute
14"The petition and notice are considered to be served".
SB461-SA2,6,16 1515. Page 7, line 15: delete "notice was" and substitute "petition and notice
16were".
SB461-SA2,6,17 1716. Page 7, line 16: after that line insert:
SB461-SA2,7,3 18"(bm) If the petitioner knows or has reason to know that the child is an Indian
19child, service under par. (b) to the Indian child's parent, Indian custodian, and tribe
20shall be provided in the manner specified in s. 48.028 (4) (a). No hearing may be held
21under par. (c) until at least 10 days after receipt of service by the Indian child's
22parent, Indian custodian, and tribe or, if the identity or location of the Indian child's
23parent, Indian custodian, or tribe cannot be determined, until at least 15 days after

1receipt of service by the U.S. secretary of the interior. On request of the Indian child's
2parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20
3additional days to enable the requester to prepare for the hearing.".
SB461-SA2,7,4 417. Page 8, line 5: delete "and".
SB461-SA2,7,8 518. Page 8, line 6: after "powers" insert ", and, if the child is an Indian child,
6the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028
7(7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing
8from that order".
SB461-SA2,7,10 919. Page 9, line 5: after "child" insert "to a person who is not a relative of the
10child".
SB461-SA2,7,11 1120. Page 14, line 2: after "relative" insert ", as defined in s. 48.02 (15),".
SB461-SA2,7,12 1221. Page 15, line 5: after "(1) (a)" insert "and (c)".
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