SB572,93,924
48.645
(1) (a) The child is living in a foster home or treatment foster home
25licensed under s. 48.62 if a license is required under that section, in a foster home
1or treatment foster home located within the boundaries of a
federally recognized
2American Indian reservation in this state and licensed by the tribal governing body
3of the reservation, in a group home licensed under s. 48.625, in a subsidized
4guardianship home under s. 48.62 (5), or in a residential care center for children and
5youth licensed under s. 48.60, and has been placed in the foster home, treatment
6foster home, group home, subsidized guardianship home, or center by a county
7department under s. 46.215, 46.22, or 46.23, by the department, or by a
federally
8recognized American Indian tribal governing body
of an Indian tribe in this state
9under an agreement with a county department under s. 46.215, 46.22, or 46.23.
SB572,94,212
48.645
(2) (a) 1. A nonrelative who cares for the dependent child in a foster
13home or treatment foster home having a license under s. 48.62, in a foster home or
14treatment foster home located within the boundaries of a
federally recognized
15American Indian reservation in this state and licensed by the tribal governing body
16of the reservation or in a group home licensed under s. 48.625, a subsidized guardian
17or interim caretaker under s. 48.62 (5) who cares for the dependent child, or a minor
18custodial parent who cares for the dependent child, regardless of the cause or
19prospective period of dependency. The state shall reimburse counties pursuant to the
20procedure under s. 48.569 (2) and the percentage rate of participation set forth in s.
2148.569 (1) (d) for aid granted under this section except that if the child does not have
22legal settlement in the granting county, state reimbursement shall be at 100%. The
23county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48
24(17) shall determine the legal settlement of the child. A child under one year of age
1shall be eligible for aid under this subsection irrespective of any other residence
2requirement for eligibility within this section.
SB572,94,155
48.645
(2) (a) 3. A county or, in a county having a population of 500,000 or more,
6the department, when the child is placed in a licensed foster home, treatment foster
7home, group home, or residential care center for children and youth or in a subsidized
8guardianship home by a licensed child welfare agency or by a
federally recognized
9American Indian tribal governing body
of an Indian tribe in this state or by its
10designee, if the child is in the legal custody of the county department under s. 46.215,
1146.22, or 46.23 or the department under s. 48.48 (17) or if the child was removed from
12the home of a relative as a result of a judicial determination that continuance in the
13home of the relative would be contrary to the child's welfare for any reason and the
14placement is made under an agreement with the county department or the
15department.
SB572,95,218
48.645
(2) (a) 4. A licensed foster home, treatment foster home, group home,
19or residential care center for children and youth or a subsidized guardianship home
20when the child is in the custody or guardianship of the state, when the child is a ward
21of
an American Indian a tribal court in this state and the placement is made under
22an agreement between the department and the
tribal governing body
of the Indian
23tribe of the tribal court, or when the child was part of the state's direct service case
24load and was removed from the home of a relative as a result of a judicial
1determination that continuance in the home of a relative would be contrary to the
2child's welfare for any reason and the child is placed by the department.
SB572,95,135
48.645
(2) (b) Notwithstanding par. (a), aid under this section may not be
6granted for placement of a child in a foster home or treatment foster home licensed
7by a
federally recognized American Indian tribal governing body
of an Indian tribe,
8for placement of a child in a foster home, treatment foster home, group home,
9subsidized guardianship home, or residential care center for children and youth by
10a
tribal governing body
of an Indian tribe or its designee, or for the placement of a
11child who is a ward of a tribal court if the
tribal governing body
of the Indian tribe
12of the tribal court is receiving or is eligible to receive funds from the federal
13government for that type of placement.
SB572, s. 179
14Section
179. 48.685 (1) (br) of the statutes is repealed.
SB572, s. 180
15Section
180. 48.685 (1) (e) of the statutes is repealed.
SB572,96,518
48.685
(5) (a) Subject to par. (bm), the department may license to operate an
19entity, a county department may certify under s. 48.651, a county department or a
20child welfare agency may license under s. 48.62 and a school board may contract with
21under s. 120.13 (14) a person who otherwise may not be licensed, certified or
22contracted with for a reason specified in sub. (4m) (a) 1. to 5., and an entity may
23employ, contract with, or permit to reside at the entity a person who otherwise may
24not be employed, contracted with, or permitted to reside at the entity for a reason
25specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, the
1county department, the child welfare agency, or the school board or, in the case of an
2entity that is located within the boundaries of a reservation, to the person or body
3designated by the
Indian tribe under sub. (5d) (a) 3., by clear and convincing evidence
4and in accordance with procedures established by the department by rule or by the
5tribe that he or she has been rehabilitated.
SB572, s. 182
6Section
182. 48.685 (5d) (a) (intro.) of the statutes is amended to read:
SB572,96,97
48.685
(5d) (a) (intro.) Any
Indian tribe that chooses to conduct rehabilitation
8reviews under sub. (5) shall submit to the department a rehabilitation review plan
9that includes all of the following:
SB572, s. 183
10Section
183. 48.685 (5d) (a) 2. of the statutes is amended to read:
SB572,96,1211
48.685
(5d) (a) 2. The title of the person or body designated by the
Indian tribe
12to whom a request for review must be made.
SB572, s. 184
13Section
184. 48.685 (5d) (a) 3. of the statutes is amended to read:
SB572,96,1514
48.685
(5d) (a) 3. The title of the person or body designated by the
Indian tribe
15to determine whether a person has been rehabilitated.
SB572, s. 185
16Section
185. 48.685 (5d) (a) 3m. of the statutes is amended to read:
SB572,96,1917
48.685
(5d) (a) 3m. The title of the person or body, designated by the
Indian 18tribe, to whom a person may appeal an adverse decision made by the person specified
19under subd. 3. and whether the
Indian tribe provides any further rights to appeal.
SB572, s. 186
20Section
186. 48.685 (5d) (a) 4. of the statutes is amended to read:
SB572,96,2321
48.685
(5d) (a) 4. The manner in which the
Indian tribe will submit information
22relating to a rehabilitation review to the department so that the department may
23include that information in its report to the legislature required under sub. (5g).
SB572, s. 187
24Section
187. 48.685 (5d) (b) of the statutes is amended to read:
SB572,97,10
148.685
(5d) (b) If, within 90 days after receiving the plan, the department does
2not disapprove the plan, the plan shall be considered approved. If, within 90 days
3after receiving the plan, the department disapproves the plan, the department shall
4provide notice of that disapproval to the
Indian tribe in writing, together with the
5reasons for the disapproval. The department may not disapprove a plan unless the
6department finds that the plan is not rationally related to the protection of clients.
7If the department disapproves the plan, the
Indian tribe may, within 30 days after
8receiving notice of the disapproval, request that the secretary review the
9department's decision. A final decision under this paragraph is not subject to further
10review under ch. 227.
SB572, s. 188
11Section
188. 48.825 (1) (b) of the statutes is amended to read:
SB572,97,1512
48.825
(1) (b) "Another jurisdiction" means a state of the United States other
13than Wisconsin, the District of Columbia, the Commonwealth of Puerto Rico, any
14territory or insular possession subject to the jurisdiction of the United States or
a
15federally recognized American an Indian tribe
or band.
SB572, s. 189
16Section
189. 48.83 (1) of the statutes is amended to read:
SB572,97,2317
48.83
(1) The Except as provided in s. 48.028 (3) (b), the court of the county
18where the proposed adoptive parent or child resides, upon the filing of a petition for
19adoption or for the adoptive placement of a child, has jurisdiction over the child until
20the petition is withdrawn, denied
, or granted. Venue shall be in the county where
21the proposed adoptive parent or child resides at the time the petition is filed. The
22court may transfer the case to a court in the county in which the proposed adoptive
23parents reside.
SB572, s. 190
24Section
190. 48.831 (1r) of the statutes is created to read:
SB572,98,10
148.831
(1r) Notice. When a petition is filed under sub. (1m), the court shall
2provide notice of the fact-finding hearing under sub. (3) to all interested parties as
3provided in s. 48.27 (6). If the court knows or has reason to know that the child is
4an Indian child, the court shall provide notice to the Indian child's Indian custodian,
5if any, and tribe, if known, in the manner specified in s. 48.028 (4) (a). No hearing
6may be held under sub. (3) until at least 10 days after receipt of the notice by the
7Indian child's Indian custodian and tribe or until at least 25 days after receipt of the
8notice by the U.S. secretary of the interior. On request of the Indian child's Indian
9custodian or tribe, the court shall grant a continuance of up to 20 additional days to
10enable the requester to prepare for the hearing.
SB572, s. 191
11Section
191. 48.831 (2) of the statutes is amended to read:
SB572,99,212
48.831
(2) Report. If the department, county department
, or child welfare
13agency files a petition,
it shall submit the court shall order the department, county
14department, or child welfare agency to file a report
to with the court containing as
15much of the information specified under s. 48.425 (1) (a) and (am) as is reasonably
16ascertainable and, if applicable, the information specified under s. 48.425 (1) (g). If
17the petition is filed by a relative or other person specified under sub. (1m) (d), the
18court shall order the department or a child welfare agency, if the department or
19agency consents, or a county department to file a report containing the information
20specified in this subsection.
If the child is an Indian child, the court may order the
21department, county department, or child welfare agency, or request the tribal child
22welfare department of the Indian child's tribe, if that department consents, to file a
23report containing the information specified in this subsection. The department,
24county department
or, child welfare agency
, or tribal child welfare department, if
1that department consents, shall file the report at least 5 days before the date of the
2fact-finding hearing on the petition.
SB572, s. 192
3Section
192. 48.831 (4) (cm) of the statutes is created to read:
SB572,99,164
48.831
(4) (cm) If the child is an Indian child who is in the custody of an Indian
5custodian, the court may not remove the child from the custody of the Indian
6custodian under par. (c) unless the court finds by clear and convincing evidence,
7including the testimony of one or more qualified expert witnesses, that continued
8custody of the Indian child by the Indian custodian is likely to result in serious
9emotional or physical damage to the child under s. 48.028 (4) (d) 1. and that the
10department, county department, or child welfare agency has made active efforts
11under s. 48.028 (4) (d) 2. to prevent the breakup of the Indian family and that those
12efforts have proved unsuccessful. In placing an Indian child following a transfer of
13guardianship and custody under par. (b) or (c), the custodian appointed under par.
14(b) or (c) shall comply with the order of placement preference under s. 48.028 (7) (b)
15or, if applicable, s. 48.028 (7) (c), unless there is good cause, as described in s. 48.028
16(7) (e), for departing from that order.
SB572,99,25
1948.833 Placement of children for adoption by the department, county
20departments, and child welfare agencies. The department, a county
21department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under
22s. 48.60 may place a child for adoption in a licensed foster home or a licensed
23treatment foster home without a court order if the department, county department,
24or child welfare agency is the guardian of the child or makes the placement at the
25request of another agency that is the guardian of the child and if the proposed
1adoptive parents have completed the preadoption preparation required under s.
248.84 (1) or the department, county department, or child welfare agency determines
3that the proposed adoptive parents are not required to complete that preparation.
4In placing an Indian child for adoption under this section, the department, county
5department, or child welfare agency shall comply with the order of placement
6preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the
7department, county department, or child welfare agency finds good cause, as
8described in s. 48.028 (7) (e), for departing from that order. When a child is placed
9under this section in a licensed foster home or a licensed treatment foster home for
10adoption, the department, county department, or child welfare agency making the
11placement shall enter into a written agreement with the proposed adoptive parent,
12which shall state the date on which the child is placed in the licensed foster home or
13licensed treatment foster home for adoption by the proposed adoptive parent.
SB572, s. 194
14Section
194. 48.837 (2) (e) of the statutes is created to read:
SB572,100,1615
48.837
(2) (e) If the child is an Indian child, the names and addresses of the
16Indian child's Indian custodian, if any, and tribe, if known.
SB572, s. 195
17Section
195. 48.837 (4) (c) of the statutes is amended to read:
SB572,101,618
48.837
(4) (c) Shall, when the petition has been filed under sub. (1), order the
19department or a county department under s. 48.57 (1) (e) or (hm) to investigate the
20proposed adoptive placement, to interview each petitioner, to provide counseling if
21requested
, and to report its recommendation to the court at least 5 days before the
22hearing on the petition. If a licensed child welfare agency
or, in the case of an Indian
23child, the tribal child welfare department of the Indian child's tribe has investigated
24the proposed adoptive placement and interviewed the petitioners, the court may
25accept a report and recommendation from the child welfare agency
or tribal child
1welfare department in place of the court-ordered report required under this
2paragraph.
In reporting its recommendations under this paragraph with respect to
3an Indian child, the department, a county department, or a child welfare agency shall
4comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable,
5s. 48.028 (7) (c), unless the department, county department, or child welfare agency
6finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB572, s. 196
7Section
196. 48.837 (4) (d) of the statutes is amended to read:
SB572,101,168
48.837
(4) (d) May, at the request of a petitioning parent, or on its own motion
9after ordering the child taken into custody under s. 48.19 (1) (c), order the
10department or a county department under s. 48.57 (1) (e) or (hm) to place the child,
11pending the hearing on the petition, in any home licensed under s. 48.62 except the
12home of the proposed adoptive parents or a relative of the proposed adoptive parents.
13In placing an Indian child under this paragraph, the department or county
14department shall comply with the order of placement preference under s. 48.028 (7)
15(b) or, if applicable, s. 48.028 (7) (c), unless the department or county department
16finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB572, s. 197
17Section
197. 48.837 (6) (c) of the statutes is amended to read:
SB572,101,2518
48.837
(6) (c) After the hearing on the petition under sub. (2), the court shall
19make findings on the allegations of the petition and the report ordered under sub.
20(4) (c) and make a conclusion as to whether placement in the home is in the best
21interest of the child.
In determining whether placement of an Indian child in the
22home is in the best interest of the Indian child, the court shall comply with the order
23of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless
24the court finds good cause, as described in s. 48.028 (7) (e), for departing from that
25order.
SB572, s. 198
1Section
198. 48.85 (1) of the statutes is amended to read:
SB572,102,52
48.85
(1) At least 10 days prior to the hearing, the guardian shall file its
3recommendation with the court.
In making a recommendation under this subsection
4with respect to an Indian child, the guardian shall comply with the order of
5placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c).
SB572, s. 199
6Section
199. 48.88 (2) (a) (intro.) of the statutes is amended to read:
SB572,102,117
48.88
(2) (a) (intro.) Except as provided under
par. pars. (am) and (c), when a
8petition to adopt a child is filed, the court shall order an investigation to determine
9whether the child is a proper subject for adoption and whether the petitioner's home
10is suitable for the child. The court shall order one of the following to conduct the
11investigation:
SB572, s. 200
12Section
200. 48.88 (2) (ag) of the statutes is created to read:
SB572,102,1513
48.88
(2) (ag) If the child is an Indian child, in lieu of ordering an investigation
14under par. (a), the court may request the tribal child welfare department of the
15Indian child's tribe, if that department consents, to conduct the investigation.
SB572, s. 201
16Section
201. 48.88 (2) (b) of the statutes is amended to read:
SB572,102,2417
48.88
(2) (b) The agency
or tribal child welfare department making the
18investigation shall file its report with the court at least 10 days before the hearing
19unless the time is reduced for good cause shown by the petitioner.
In reporting on
20an investigation of the proposed adoptive home of an Indian child, the agency shall
21comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable,
22s. 48.028 (7) (c), unless the agency finds good cause, as described in s. 48.028 (7) (e),
23for departing from that order. The report shall be part of the record of the
24proceedings.
SB572, s. 202
25Section
202. 48.89 (1) of the statutes is amended to read:
SB572,103,7
148.89
(1) The recommendation of the department is required for the adoption
2of a child if the child is not under the guardianship of a county department under s.
348.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5).
In making a
4recommendation under this subsection with respect to an Indian child, the
5department shall comply with the order of placement preference under s. 48.028 (7)
6(a) or, if applicable, s. 48.028 (7) (c), unless the department finds good cause, as
7described in s. 48.028 (7) (e), for departing from that order.
SB572, s. 203
8Section
203. 48.91 (3) of the statutes is amended to read:
SB572,103,179
48.91
(3) If after the hearing and a study of the report required by s. 48.88 and
10the recommendation required by s. 48.841 or 48.89, the court is satisfied that the
11necessary consents or recommendations have been filed and that the adoption is in
12the best interests of the child, the court shall make an order granting the adoption.
13In determining whether the adoption is in the best interests of an Indian child, the
14court shall comply with the order of placement preference under s. 48.028 (7) (a) or,
15if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s.
1648.028 (7) (e), for departing from that order. The order may change the name of the
17minor to that requested by petitioners.
SB572,103,2320
48.93
(1d) All records and papers pertaining to an adoption proceeding shall
21be kept in a separate locked file and may not be disclosed except under sub. (1g)
or, 22(1r),
or (1v), s. 48.432, 48.433, 48.434, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of
23the court for good cause shown.
SB572, s. 205
24Section
205. 48.93 (1v) of the statutes is created to read:
SB572,104,3
148.93
(1v) (a) At the time a court enters an order granting adoption of an Indian
2child, the court shall provide the U.S. secretary of the interior with the information
3specified in s. 48.028 (9) (a) and (b).
SB572,104,64
(b) At the request of an Indian adoptee who is 18 years of age or older, the court
5that entered the order granting adoption of the adoptee shall provide or arrange to
6provide the adoptee with the information specified in s. 48.028 (9) (c).
SB572, s. 206
7Section
206. 48.977 (4) (a) 1. of the statutes is amended to read:
SB572,104,98
48.977
(4) (a) 1. The child or the child's guardian
or, legal custodian
, or Indian
9custodian.
SB572, s. 207
10Section
207. 48.977 (4) (b) 6. of the statutes is amended to read:
SB572,104,1411
48.977
(4) (b) 6. A statement of whether the child may be subject to the federal
12Indian
child welfare act Child Welfare Act,
25 USC 1911 to
1963, and, if the child may
13be subject to that act, the names and addresses of the child's Indian custodian, if any,
14and Indian tribe, if known.
SB572, s. 208
15Section
208. 48.977 (4) (c) 1. j. of the statutes is created to read:
SB572,104,1716
48.977
(4) (c) 1. j. If the child is an Indian child, the Indian child's Indian
17custodian, if any, and tribe, if known.
SB572, s. 209
18Section
209. 48.977 (4) (c) 2. of the statutes is amended to read:
SB572,105,219
48.977
(4) (c) 2.
Service Except as provided in subd. 2m., service shall be made
20by 1st class mail at least 7 days before the hearing or by personal service at least 7
21days before the hearing or, if with reasonable diligence a party specified in subd. 1.
22cannot be served by mail or personal service, service shall be made by publication of
23a notice published as a class 1 notice under ch. 985. In determining which newspaper
24is likely to give notice as required under s. 985.02 (1), the petitioner shall consider
1the residence of the party, if known, or the residence of the relatives of the party, if
2known, or the last-known location of the party.
SB572, s. 210
3Section
210. 48.977 (4) (c) 2m. of the statutes is created to read:
SB572,105,114
48.977
(4) (c) 2m. If the petitioner knows or has reason to know that the child
5is an Indian child, service under subd. 2. to the Indian child's parent, Indian
6custodian, and tribe shall be provided in the manner specified in s. 48.028 (4) (a). No
7hearing may be held under par. (cm) until at least 10 days after receipt of service by
8the Indian child's parent, Indian custodian, and tribe or until at least 25 days after
9receipt of service by the U.S. secretary of the interior. On request of the Indian child's
10parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20
11additional days to enable the requester to prepare for the hearing.
SB572, s. 211
12Section
211. 48.977 (4) (g) 4. of the statutes is created to read:
SB572,105,1513
48.977
(4) (g) 4. If the child is an Indian child, the order of placement preference
14under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good
15cause, as described in s. 48.028 (7) (e), for departing from that order.
SB572, s. 212
16Section
212. 48.978 (2) (b) 11. of the statutes is amended to read:
SB572,105,2017
48.978
(2) (b) 11. A statement of whether the child may be subject to the federal
18Indian Child Welfare Act,
25 USC 1911 to
1963, and, if the child may be subject to
19that act, the names and addresses of the child's Indian custodian, if any, and Indian
20tribe, if known.
SB572, s. 213
21Section
213. 48.981 (1) (cs) of the statutes is renumbered 48.02 (8g) and
22amended to read:
SB572,105,2423
48.02
(8g) "Indian child" means any unmarried person who is under the age
24of 18 years and is affiliated with an Indian tribe
or band in any of the following ways:
SB572,105,2525
1. As a member of the
Indian tribe
or band.
SB572,106,2
12. As a person who is both eligible for membership in the
Indian tribe
or band 2and is the biological child of a member of the
Indian tribe
or band.
SB572, s. 214
3Section
214. 48.981 (1) (ct) of the statutes is amended to read:
SB572,106,64
48.981
(1) (ct) "Indian unborn child" means an unborn child who, when born,
5may be eligible for affiliation with an Indian tribe
or band in any of the following
6ways:
SB572,106,77
1. As a member of the
Indian tribe
or band.
SB572,106,98
2. As a person who is both eligible for membership in the
Indian tribe
or band 9and the biological child of a member of the
Indian tribe
or band.
SB572, s. 215
10Section
215. 48.981 (1) (i) of the statutes is amended to read:
SB572,106,1411
48.981
(1) (i) "Tribal agent" means the person designated under
25 CFR 23.12 12by an Indian tribe
or band to receive notice of involuntary child custody proceedings
13under the
Indian child welfare act federal Indian Child Welfare Act,
25 USC 1901 14to
1963.
SB572, s. 216
15Section
216. 48.981 (3) (bm) (intro.) of the statutes is amended to read:
SB572,106,2516
48.981
(3) (bm)
Notice of report to Indian
tribal agent tribe. (intro.) In a county
17which that has wholly or partially within its boundaries a
federally recognized
18Indian reservation or a bureau of Indian affairs service area for the Ho-Chunk tribe,
19if a county department
which that receives a report under par. (a) pertaining to a
20child or unborn child knows
or has reason to know that the child is an Indian child
21who resides in the county or that the unborn child is an Indian unborn child whose
22expectant mother resides in the county, the county department shall provide notice,
23which shall consist only of the name and address of the
Indian child or expectant
24mother and the fact that a report has been received about that
Indian child or
Indian 25unborn child, within 24 hours to one of the following: