48.299(6)(e)3.
3. In addition to ordering testing as provided under
s. 885.23, if the court determines that it would be in the best interests of the child, the court may order any man specified in
sub. (6) (intro.) to submit to one or more genetic tests which shall be performed by an expert qualified as an examiner of genetic markers present on the cells and of the specific body material to be used for the tests, as appointed by the court. A report completed and certified by the court-appointed expert stating genetic test results and the statistical probability that the man alleged to be the child's father is the child's biological father based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at any hearing. The court, upon request by a party, may order that independent tests be performed by other experts qualified as examiners of genetic markers present on the cells of the specific body materials to be used for the tests.
48.299(6)(e)4.
4. If the genetic tests show that an alleged father is not excluded and that the statistical probability that the alleged father is the child's biological father is 99.0% or higher, the court may determine that for purposes of a proceeding under this chapter, other than a proceeding under
subch. VIII, the man is the child's biological parent.
48.299(6)(e)5.
5. A determination by the court under
subd. 4. is not a judgment of paternity under
ch. 767 or an adjudication of paternity under
subch. VIII.
48.299(7)
(7) If a man who has been given notice under
s. 48.27 (3) (b) 1. appears at any hearing for which he received the notice but does not allege that he is the father of the child and state that he wishes to establish the paternity of the child or if no man to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under
s. 59.53 (6) (a) for a determination, under
s. 767.80, of whether an action should be brought for the purpose of determining the paternity of the child.
48.299(8)
(8) As part of the proceedings under this chapter, the court may order that a record be made of any testimony of the child's mother relating to the child's paternity. A record made under this subsection is admissible in a proceeding to determine the child's paternity under
subch. IX of ch. 767.
48.299 History
History: 1979 c. 300;
1981 c. 353;
1985 a. 311;
1987 a. 27; Sup. Ct. Order, 141 Wis. 2d xiii (1987);
1991 a. 263,
269;
1993 a. 16,
32,
98,
227,
228,
395;
1995 a. 77,
201,
275;
1997 a. 35,
252,
292,
334;
1999 a. 32,
149;
2005 a. 443 s.
265.
48.299 Note
Judicial Council Note, 1988: Sub. (5) allows a judicial review of the status of a child held in a county jail, or a continuation of custody hearing, to be held by telephone conference, or telephoned testimony to be admitted at such a hearing, on request of any party, unless good cause to the contrary is shown. [Re Order effective Jan. 1, 1988]
48.30
48.30
Plea hearing. 48.30(1)(1) Except as provided in this subsection, the hearing to determine whether any party wishes to contest an allegation that the child or unborn child is in need of protection or services shall take place on a date which allows reasonable time for the parties to prepare but is within 30 days after the filing of a petition for a child or an expectant mother who is not being held in secure custody or within 10 days after the filing of a petition for a child who is being held in secure custody.
48.30(2)
(2) At the commencement of the hearing under this section the child and the parent, guardian or legal custodian, the child expectant mother, her parent, guardian or legal custodian and the unborn child through the unborn child's guardian ad litem or the adult expectant mother and the unborn child through the unborn child's guardian ad litem, shall be advised of their rights as specified in
s. 48.243 and shall be informed that a request for a jury trial or for a substitution of judge under
s. 48.29 must be made before the end of the plea hearing or be waived. Nonpetitioning parties, including the child, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a jury trial or substitution of a judge.
48.30(3)
(3) If a petition alleges that a child is in need of protection or services under
s. 48.13 or that an unborn child of a child expectant mother is in need of protection or services under
s. 48.133, the nonpetitioning parties and the child, if he or she is 12 years of age or older or is otherwise competent to do so, shall state whether they desire to contest the petition. If a petition alleges that an unborn child of an adult expectant mother is in need of protection or services under
s. 48.133, the adult expectant mother of the unborn child shall state whether she desires to contest the petition.
48.30(6)(a)(a) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days after the plea hearing for a child who is held in secure custody and no more than 30 days after the plea hearing for a child or an expectant mother who is not held in secure custody. If all parties consent the court may proceed immediately with the dispositional hearing.
48.30(6)(b)
(b) If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts, and living expenses to the court or the designated agency under
s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department under
s. 49.22 (9) and the manner of its application established by the department under
s. 49.345 (14) (g) and listing the factors that a court may consider under
s. 49.345 (14) (c).
48.30(6)(c)
(c) If the court orders the child's parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child's parent to provide that statement to the designated agency under
s. 48.33 (1) and that designated agency is not the county department or, in a county having a population of 500,000 or more, the department, the court shall also order the child's parent to provide that statement to the county department or, in a county having a population of 500,000 or more, the department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department or, in a county having a population of 500,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 500,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the child.
48.30(7)
(7) If the petition is contested, the court shall set a date for the fact-finding hearing which allows reasonable time for the parties to prepare but is no more than 20 days after the plea hearing for a child who is held in secure custody and no more than 30 days after the plea hearing for a child or an expectant mother who is not held in secure custody.
48.30(8)
(8) Before accepting an admission or plea of no contest of the alleged facts in a petition, the court shall:
48.30(8)(a)
(a) Address the parties present including the child or expectant mother personally and determine that the plea or admission is made voluntarily with understanding of the nature of the acts alleged in the petition and the potential dispositions.
48.30(8)(b)
(b) Establish whether any promises or threats were made to elicit the plea or admission and alert unrepresented parties to the possibility that a lawyer may discover defenses or mitigating circumstances which would not be apparent to them.
48.30(8)(c)
(c) Make such inquiries as satisfactorily establishes that there is a factual basis for the plea or admission of the parent and child, of the parent and child expectant mother or of the adult expectant mother.
48.30(9)
(9) If a circuit court commissioner conducts the plea hearing and accepts an admission of the alleged facts in a petition brought under
s. 48.13 or
48.133, the judge shall review the admission at the beginning of the dispositional hearing by addressing the parties and making the inquiries set forth in
sub. (8).
48.30(10)
(10) The court may permit any party to participate in hearings under this section by telephone or live audiovisual means.
48.30 History
History: 1977 c. 354,
355,
447;
1979 c. 300,
331,
355,
359;
1985 a. 321,
332;
1987 a. 151;
1987 a. 403 s.
256; Sup. Ct. Order, 158 Wis. 2d xvii (1990);
1993 a. 163,
474,
481;
1995 a. 77,
225,
404,
417;
1997 a. 3,
252,
292;
1999 a. 103;
2001 a. 61;
2007 a. 20.
48.30 Annotation
The time limits under sub. (1) are mandatory; failure to comply results in the court's loss of competency and is properly remedied by dismissal without prejudice. In Interest of Jason B.
176 Wis. 2d 400,
500 N.W.2d 384 (Ct. App. 1993).
48.30 Annotation
A court's failure to inform a juvenile of the right to judicial substitution does not affect its competence and warrants reversal only if the juvenile suffers actual prejudice. State v. Kywanda F.
200 Wis. 2d 26,
546 N.W.2d 440 (1996),
94-1866.
48.305
48.305
Hearing upon the involuntary removal of a child or expectant mother. Notwithstanding other time periods for hearings under this chapter, if a child is removed from the physical custody of the child's parent or guardian under
s. 48.19 (1) (c) or
(cm) or
(d) 5. or
8. without the consent of the parent or guardian or if an adult expectant mother is taken into custody under
s. 48.193 (1) (c) or
(d) 2. without the consent of the expectant mother, the court shall schedule a plea hearing and fact-finding hearing within 30 days after a request from the parent or guardian from whom custody was removed or from the adult expectant mother who was taken into custody. The plea hearing and fact-finding hearing may be combined. This time period may be extended only with the consent of the requesting parent, guardian or expectant mother.
48.31
48.31
Fact-finding hearing. 48.31(1)
(1) In this section, "fact-finding hearing" means a hearing to determine if the allegations in a petition under
s. 48.13 or
48.133 or a petition to terminate parental rights are proved by clear and convincing evidence.
48.31(2)
(2) The hearing shall be to the court unless the child, the child's parent, guardian, or legal custodian, the unborn child by the unborn child's guardian ad litem, or the expectant mother of the unborn child exercises the right to a jury trial by demanding a jury trial at any time before or during the plea hearing. If a jury trial is demanded in a proceeding under
s. 48.13 or
48.133, the jury shall consist of 6 persons. If a jury trial is demanded in a proceeding under
s. 48.42, the jury shall consist of 12 persons unless the parties agree to a lesser number.
Chapters 756 and
805 shall govern the selection of jurors. If the hearing involves a child victim or witness, as defined in
s. 950.02, the court may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under
s. 967.04 (7) to
(10) and, with the district attorney, shall comply with
s. 971.105. At the conclusion of the hearing, the court or jury shall make a determination of the facts, except that in a case alleging a child or an unborn child to be in need of protection or services under
s. 48.13 or
48.133, the court shall make the determination under
s. 48.13 (intro.) or
48.133 relating to whether the child or unborn child is in need of protection or services that can be ordered by the court. If the court finds that the child or unborn child is not within the jurisdiction of the court or, in a case alleging a child or an unborn child to be in need of protection or services under
s. 48.13 or
48.133, that the child or unborn child is not in need of protection or services that can be ordered by the court or if the court or jury finds that the facts alleged in the petition have not been proved, the court shall dismiss the petition with prejudice.
48.31(4)
(4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under
s. 48.13,
48.133 or
48.42, except that the court shall make findings of fact relating to whether the child or unborn child is in need of protection or services which can be ordered by the court. In cases alleging a child to be in need of protection or services under
s. 48.13 (11), the court may not find that the child is suffering emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection or services under
s. 48.13 (11m) or an unborn child to be in need of protection or services under
s. 48.133, the court may not find that the child or the expectant mother of the unborn child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under
s. 48.547 (4) has been conducted by an approved treatment facility.
48.31(7)(a)(a) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a child in secure custody and no more than 30 days after the fact-finding hearing for a child or expectant mother who is not held in secure custody. If all parties consent, the court may immediately proceed with a dispositional hearing.
48.31(7)(b)
(b) If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts, and living expenses to the court or the designated agency under
s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department under
s. 49.22 (9) and the manner of its application established by the department under
s. 49.345 (14) (g) and listing the factors that a court may consider under
s. 49.345 (14) (c).
48.31(7)(c)
(c) If the court orders the child's parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child's parent to provide that statement to the designated agency under
s. 48.33 (1) and that designated agency is not the county department or, in a county having a population of 500,000 or more, the department, the court shall also order the child's parent to provide that statement to the county department or, in a county having a population of 500,000 or more, the department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department or, in a county having a population of 500,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 500,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the child.
48.31 History
History: 1977 c. 354,
447;
1979 c. 32 s.
92 (13);
1979 c. 300,
331,
355,
357,
359;
1983 a. 197;
1985 a. 262 s.
8;
1987 a. 339;
1993 a. 481;
1995 a. 77,
275,
404,
448;
1997 a. 3,
35,
292;
1999 a. 103;
2001 a. 105;
2005 a. 42;
2007 a. 20.
48.31 Annotation
As a matter of judicial administration, the supreme court mandates procedures for withdrawal of a juvenile's jury demand. In Interest of N.E.
122 Wis. 2d 198,
361 N.W.2d 693 (1985).
48.31 Annotation
A fact-finding hearing under sub. (1) was not closed until the court ruled on a motion to set aside the verdict. In Interest of C.M.L.
157 Wis. 2d 152,
458 N.W.2d 573 (Ct. App. 1990).
48.31 Annotation
A child's need for protection or services should be determined as of the date the petition is filed. Children can be adjudicated in need of protection or services when divorced parents have joint custody, one parent committed acts proscribed by s. 48.13 (10), and at the time of the hearing the other can provide the necessary care for the children. State v. Gregory L.S. 2002 WI App 101,
253 Wis. 2d 563,
643 N.W.2d 890,
01-2325.
48.31 Annotation
Even in civil cases not implicating the fundamental rights of birth-parenthood, a defaulting party may appear at the prove-up hearing and counsel may cross-examine the plaintiff's witnesses and present evidence to mitigate or be heard as to the diminution of damages. A parent in a termination-of-parental-rights case is entitled to no less, unless, of course the adult parent knowingly waives the right to counsel. State v. Shirley E. 2006 WI App 55,
290 Wis. 2d 193,
711 N.W.2d 690 05-2752. Affirmed on other grounds. 2006 WI 129,
298 Wis. 2d 1,
724 N.W.2d 623,
05-2752.
48.315
48.315
Delays, continuances and extensions. 48.315(1)
(1) The following time periods shall be excluded in computing time periods under this chapter:
48.315(1)(a)
(a) Any period of delay resulting from other legal actions concerning the child or the unborn child and the unborn child's expectant mother, including an examination under
s. 48.295 or a hearing related to the mental condition of the child, the child's parent, guardian or legal custodian or the expectant mother, prehearing motions, waiver motions and hearings on other matters.
48.315(1)(b)
(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 or of the unborn child by the unborn child's guardian ad litem.
48.315(1)(c)
(c) Any period of delay caused by the disqualification of a judge.
48.315(1)(d)
(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.
48.315(1)(e)
(e) Any period of delay resulting from the imposition of a consent decree.
48.315(1)(f)
(f) Any period of delay resulting from the absence or unavailability of the child or expectant mother.
48.315(1)(fm)
(fm) Any period of delay resulting from the inability of the court to provide the child with notice of an extension hearing under
s. 48.365 due to the child having run away or otherwise having made himself or herself unavailable to receive that notice.
48.315(1)(g)
(g) A reasonable period of delay when the child is joined in a hearing with another child as to whom the time for a hearing has not expired under this section if there is good cause for not hearing the cases separately.
48.315(1)(h)
(h) Any period of delay resulting from the need to appoint a qualified interpreter.
48.315(2)
(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.
48.315(2m)
(2m) No continuance or extension of a time period specified in this chapter may be granted and no period of delay specified in
sub. (1) may be excluded in computing a time period under this chapter if the continuance, extension, or exclusion would result in any of the following:
48.315(2m)(b)
(b) The court making an initial finding under
s. 48.38 (5m) that the agency primarily responsible for providing services to the child has made reasonable efforts to achieve the goals of the child's permanency plan more than 12 months after the date on which the child was removed from the home or making any subsequent findings under
s. 48.38 (5m) as to those reasonable efforts more than 12 months after the date of a previous finding as to those reasonable efforts.
48.315(3)
(3) Failure by the court or a party to act within any time period specified in this chapter does not deprive the court of personal or subject matter jurisdiction or of competency to exercise that jurisdiction. Failure to object to a period of delay or a continuance waives any challenge to the court's competency to act during the period of delay or continuance. If the court or a party does not act within a time period specified in this chapter, the court, while assuring the safety of the child, may grant a continuance under
sub. (2), dismiss the proceeding without prejudice, release the child from secure or nonsecure custody or from the terms of a custody order, or grant any other relief that the court considers appropriate.
48.315 History
History: 1977 c. 354; Sup. Ct. Order, 141 Wis. 2d xiii (1987);
1987 a. 403;
1991 a. 263;
1993 a. 98;
1997 a. 292;
2001 a. 16,
109;
2007 a. 20,
199.
48.315 Annotation
A trial court's sua sponte adjournment of a fact-finding hearing beyond the 30-day limit due to a congested calendar constituted good cause under sub. (2) when the adjournment order was entered within the 30-day period. In Matter of J.R.
152 Wis. 2d 598,
449 N.W.2d 52 (Ct. App. 1989).
48.315 Annotation
A court loses competence to exercise jurisdiction to extend an order when the hearing is not held within the 30-day period under s. 48.365 (6); the 30-day period may not be expanded by a continuance under s. 48.315 and the court's loss of competence cannot be waived. In Interest of B.J.N.
162 Wis. 2d 635,
469 N.W.2d 845 (1991).
48.315 Annotation
The period under sub. (1) (c) includes the time required to assign the new judge, send any required notices, notify the parties, and arrange for time on the court's calendar; applicable time limits for plea hearings apply after the assignment of the new judge. In Interest of Joshua M.W.
179 Wis. 2d 335,
507 N.W.2d 141 (Ct. App. 1993).
48.315 Annotation
Under sub. (2), "on the record" does not require reporting by a court reporter. A clerk's minutes satisfy the requirement. Waukesha County v. Darlene R.
201 Wis. 2d 633,
549 N.W.2d 489 (Ct. App. 1996),
95-1697.
48.315 Annotation
The benefits of a pretrial are universally recognized by bench and bar such that a court need not specify the factors supporting "good cause" for a continuance of the time limits under sub. (2). Waukesha County v. Darlene R.
201 Wis. 2d 633,
549 N.W.2d 489 (Ct. App. 1996),
95-1697.
48.315 Annotation
Under sub. (1) (a), the time limits are tolled for an examination of a parent under s. 48.295. Waukesha County v. Darlene R.
201 Wis. 2d 633,
549 N.W.2d 489 (Ct. App. 1996),
95-1697.
48.315 Annotation
The general time requirements of sub. (2) control all extensions of time under ch. 48. There are no provisions for waiver of time limits, and the only provisions for delays, continuances, and extensions are under this section. State v. April O. 2000 WI App 70,
233 Wis. 2d 663,
607 N.W.2d 927,
99-2487.
48.315 Annotation
The word "continuance" in sub. (2) is sufficiently broad to encompass situations in which the fact-finding hearing is originally scheduled beyond the statutory 45-day time period. A circuit court's schedule or lawyers' or litigants' difficulties in scheduling court dates may amount to good cause for extension, delay, or continuance under sub. (2). State v. Robert K. 2005 WI 152,
286 Wis. 2d 143,
706 N.W.2d 257,
04-2330.
48.315 Annotation
Reassignment of a case to a different judge because of docket congestion does not constitute disqualification of a judge under sub. (1) (c). Brown County v. Shannon R. 2005 WI 160,
286 Wis. 2d 278,
706 N.W.2d 269,
04-1305.
48.317
48.317
Jeopardy. Jeopardy attaches:
48.317(1)
(1) In a trial to the court, when a witness is sworn.
48.317(2)
(2) In a jury trial, when the jury selection is completed and the jury sworn.
48.317 History
History: 1977 c. 354.
48.32
48.32
Consent decree. 48.32(1)(a)(a) At any time after the filing of a petition for a proceeding relating to
s. 48.13 or
48.133 and before the entry of judgment, the judge or a circuit court commissioner may suspend the proceedings and place the child or expectant mother under supervision in the home or present placement of the child or expectant mother. The court may establish terms and conditions applicable to the child and the child's parent, guardian or legal custodian, to the child expectant mother and her parent, guardian or legal custodian or to the adult expectant mother, including the condition specified in
sub. (1b). The order under this section shall be known as a consent decree and must be agreed to by the child if 12 years of age or older, the parent, guardian or legal custodian, and the person filing the petition under
s. 48.25; by the child expectant mother, her parent, guardian or legal custodian, the unborn child by the unborn child's guardian ad litem and the person filing the petition under
s. 48.25; or by the adult expectant mother, the unborn child by the unborn child's guardian ad litem and the person filing the petition under
s. 48.25. The consent decree shall be reduced to writing and given to the parties.
48.32(1)(b)1.1. If at the time the consent decree is entered into the child is placed outside the home under a voluntary agreement under
s. 48.63 or is otherwise living outside the home without a court order and if the consent decree maintains the child in that placement or other living arrangement, the consent decree shall include all of the following:
48.32(1)(b)1.a.
a. A finding that placement of the child in his or her home would be contrary to the welfare of the child .
48.32(1)(b)1.b.
b. A finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless the judge or circuit court commissioner finds that any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies .
48.32(1)(b)1.c.
c. A finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, unless return of the child to the home is the goal of the permanency plan and the judge or circuit court commissioner finds that any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies.
48.32(1)(b)1.d.
d. If the child's placement or other living arrangement is under the supervision of the county department or, in a county having a population of 500,000 or more, the department, an order ordering the child into the placement and care responsibility of the county department or department as required under
42 USC 672 (a) (2) and assigning the county department or department primary responsibility for providing services to the child.
48.32(1)(b)2.
2. If the judge or circuit court commissioner finds that any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies with respect to a parent, the consent decree shall include a determination that the county department, department, in a county having a population of 500,000 or more, or agency primarily responsible for providing services under the consent decree is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home.
48.32(1)(b)3.
3. The judge or circuit court commissioner shall make the findings specified in
subds. 1. and
2. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the consent decree. A consent decree that merely references
subd. 1. or
2. without documenting or referencing that specific information in the consent decree or an amended consent decree that retroactively corrects an earlier consent decree that does not comply with this subdivision is not sufficient to comply with this subdivision.
48.32(1)(c)1.1. If the judge or circuit court commissioner finds that any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies with respect to a parent, the judge or circuit court commissioner shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the child. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.
48.32(1)(c)2.
2. If a hearing is held under
subd. 1., at least 10 days before the date of the hearing the court shall notify the child, any parent, guardian, and legal custodian of the child, and any foster parent, treatment foster parent, or other physical custodian described in
s. 48.62 (2) of the child of the time, place, and purpose of the hearing.
48.32(1)(c)3.
3. The court shall give a foster parent, treatment foster parent, or other physical custodian described in
s. 48.62 (2) who is notified of a hearing under
subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under
subd. 2. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
48.32(1b)
(1b) The judge or a circuit court commissioner may, as a condition under
sub. (1), request a court-appointed special advocate program to designate a court-appointed special advocate for the child to perform the activities specified in
s. 48.236 (3) that are authorized in the memorandum of understanding under
s. 48.07 (5) (a). A court-appointed special advocate designated under this subsection shall have the authority specified in
s. 48.236 (4) that is authorized in the memorandum of understanding under
s. 48.07 (5) (a).
48.32(2)(a)(a) A consent decree shall remain in effect up to 6 months unless the child, parent, guardian, legal custodian or expectant mother is discharged sooner by the judge or circuit court commissioner.
