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SB288, s. 240 15Section 240. 48.983 (1) (d) of the statutes is repealed.
SB288, s. 241 16Section 241. 48.983 (1) (e) of the statutes is repealed.
SB288, s. 242 17Section 242. 806.245 (1m) of the statutes is created to read:
SB288,124,2218 806.245 (1m) The public acts, records, and judicial proceedings of any Indian
19tribe that are applicable to an Indian child custody proceeding, as defined in s. 48.028
20(2) (d), or an Indian juvenile child custody proceeding, as defined in s. 938.028 (2) (b),
21shall be given full faith and credit by the state as provided in s. 48.028 (3) (f) or
22938.028 (3) (f).
SB288, s. 243 23Section 243. 938.01 (3) of the statutes is created to read:
SB288,125,324 938.01 (3) Indian juvenile welfare; declaration of policy. In Indian juvenile
25custody proceedings, the best interests of the Indian juvenile shall be determined in

1accordance with the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and the
2policy specified in this subsection. It is the policy of this state for courts and agencies
3responsible for juvenile welfare to do all of the following:
SB288,125,54 (a) Cooperate fully with Indian tribes in order to ensure that the federal Indian
5Child Welfare Act is enforced in this state.
SB288,125,76 (b) Protect the best interests of Indian juveniles and promote the stability and
7security of Indian tribes and families by doing all of the following:
SB288,125,108 1. Establishing minimum standards for the removal of Indian juveniles from
9their families and the placement of those juveniles in out-of-home care placements
10that will reflect the unique value of Indian culture.
SB288,125,18112. Using practices, in accordance with the federal Indian Child Welfare Act, 25
12USC 1901
to 1963, this section, and other applicable law, that are designed to prevent
13the voluntary or involuntary out-of-home care placement of Indian juveniles and,
14when an out-of-home care placement is necessary, placing an Indian juvenile in a
15placement that reflects the unique values of the Indian juvenile's tribal culture and
16that is best able to assist the Indian juvenile in establishing, developing, and
17maintaining a political, cultural, and social relationship with the Indian juvenile's
18tribe and tribal community.
SB288, s. 244 19Section 244. 938.02 (8d) of the statutes is created to read:
SB288,125,2220 938.02 (8d) "Indian" means any person who is a member of an Indian tribe or
21who is an Alaska native and a member of a regional corporation, as defined in 43 USC
221606
.
SB288, s. 245 23Section 245. 938.02 (8g) of the statutes is created to read:
SB288,125,2524 938.02 (8g) "Indian juvenile" means an unmarried person who is under 18
25years of age and who is affiliated with an Indian tribe in any of the following ways:
SB288,126,1
1(a) As a member of the Indian tribe.
SB288,126,32 (b) As a person who is eligible for membership in the Indian tribe and is the
3biological child of a member of the Indian tribe.
SB288, s. 246 4Section 246. 938.02 (8m) of the statutes is created to read:
SB288,126,55 938.02 (8m) "Indian juvenile's tribe" means one of the following:
SB288,126,76 (a) The Indian tribe in which an Indian juvenile is a member or eligible for
7membership.
SB288,126,108 (b) In the case of an Indian juvenile who is a member of or eligible for
9membership in more than one tribe, the Indian tribe with which the Indian juvenile
10has the more significant contacts.
SB288, s. 247 11Section 247. 938.02 (8p) of the statutes is created to read:
SB288,126,1812 938.02 (8p) "Indian custodian" means an Indian person who has legal custody
13under tribal law or custom or under state law of an Indian juvenile who is the subject
14of an Indian juvenile custody proceeding, as defined in s. 938.028 (2) (b), or of an
15Indian juvenile in need of protection or services under s. 938.13 (4), (6), (6m), or (7)
16who is the subject of a temporary physical custody proceeding under ss. 939.19 to
17938.21 or to whom temporary physical care, custody, and control has been
18transferred by the parent of that juvenile.
SB288, s. 248 19Section 248. 938.02 (8r) of the statutes is created to read:
SB288,126,2320 938.02 (8r) "Indian tribe" means any Indian tribe, band, nation, or other
21organized group or community of Indians that is recognized as eligible for the
22services provided to Indians by the U.S. secretary of the interior because of Indian
23status, including any Alaska native village, as defined in 43 USC 1602 (c).
SB288, s. 249 24Section 249. 938.02 (9m) of the statutes is renumbered 938.02 (8b).
SB288, s. 250 25Section 250. 938.02 (10m) of the statutes is amended to read:
SB288,127,5
1938.02 (10m) "Juvenile", when used without further qualification, means a
2person who is less than 18 years of age, except that for purposes of investigating or
3prosecuting a person who is alleged to have violated a state or federal criminal law
4or any civil law or municipal ordinance, "juvenile" does not include a person who has
5attained 17 years of age.
SB288, s. 251 6Section 251. 938.02 (12m) of the statutes is amended to read:
SB288,127,107 938.02 (12m) "Off-reservation trust land" means land in this state that is held
8in trust by the federal government for the benefit of a an Indian tribe or an American
9Indian individual and that is located outside the boundaries of a an Indian tribe's
10reservation.
SB288, s. 252 11Section 252. 938.02 (13) of the statutes is amended to read:
SB288,128,212 938.02 (13) "Parent" means either a biological parent, a husband who has
13consented to the artificial insemination of his wife under s. 891.40, or a parent by
14adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
15do not subsequently intermarry under s. 767.803, "parent" includes a person
16acknowledged under s. 767.805 or a substantially similar law of another state or
17adjudicated to be the biological father. "Parent" does not include any person whose
18parental rights have been terminated. For purposes of the application of s. 938.028
19and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, "parent" means a
20biological parent, an Indian husband who has consented to the artificial
21insemination of his wife under s. 891.40, or a person who has lawfully adopted an
22Indian juvenile, including an adoption under tribal law or custom, and includes, in
23the case of a nonmarital child who is not adopted or whose parents do not
24subsequently intermarry under s. 767.803, a person acknowledged under s. 767.805

1or a substantially similar law of another state or adjudicated to be the biological
2father, but does not include any person whose parental rights have been terminated.
SB288, s. 253 3Section 253. 938.02 (15) of the statutes is amended to read:
SB288,128,134 938.02 (15) "Relative" means a parent, stepparent, brother, sister, stepbrother,
5stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd
6cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding
7generation as denoted by the prefix of grand, great, or great-great, whether by blood,
8marriage, or legal adoption, or the spouse of any person named in this subsection,
9even if the marriage is terminated by death or divorce. For purposes of the
10application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to
111963, "relative" includes an extended family member, as defined in s. 938.028 (2) (a),
12whether by blood, marriage, or adoption, including adoption under tribal law or
13custom.
SB288, s. 254 14Section 254. 938.02 (15c) of the statutes is amended to read:
SB288,128,1615 938.02 (15c) "Reservation"," except as otherwise provided in s. 938.028 (2) (e),
16means land in this state within the boundaries of the reservation of a tribe.
SB288, s. 255 17Section 255. 938.02 (18g) of the statutes is repealed.
SB288, s. 256 18Section 256. 938.02 (18j) of the statutes is created to read:
SB288,128,2319 938.02 (18j) "Tribal court" means a court that has jurisdiction over juvenile
20custody proceedings, and that is either a court of Indian offenses or a court
21established and operated under the code or custom of an Indian tribe, or any other
22administrative body of an Indian tribe that is vested with authority over Indian
23juvenile custody proceedings.
SB288, s. 257 24Section 257. 938.028 of the statutes is repealed and recreated to read:
SB288,129,4
1938.028 Indian juvenile welfare. (1) Declaration of policy. In Indian
2juvenile custody proceedings, the best interests of the Indian juvenile shall be
3determined in accordance with the federal Indian Child Welfare Act, 25 USC 1901
4to 1963, and the policy specified in s. 938.01 (3).
SB288,129,5 5(2) Definitions. In this section:
SB288,129,106 (a) "Extended family member" means a person who is defined as a member of
7an Indian juvenile's extended family by the law or custom of the Indian juvenile's
8tribe or, in the absence of such a law or custom, a person who has attained the age
9of 18 years and who is the Indian juvenile's grandparent, aunt, uncle, brother, sister,
10brother-in-law, sister-in-law, niece, nephew, first cousin, 2nd cousin, or stepparent.
SB288,129,1311 (b) "Indian juvenile custody proceeding" means a proceeding under s. 938.13
12(4), (6), (6m), or (7) that is governed by the federal Indian Child Welfare Act, 25 USC
131901
to 1963, in which an out-of-home care placement may occur.
SB288,129,2114 (c) "Out-of-home care placement" means the removal of an Indian juvenile
15from the home of his or her parent or Indian custodian for temporary placement in
16a foster home, treatment foster home, group home, residential care center for
17children and youth, or shelter care facility, in the home of a relative other than a
18parent, or in the home of a guardian, from which placement the parent or Indian
19custodian cannot have the juvenile returned upon demand. "Out-of-home care
20placement" does not include holding an Indian juvenile in custody under ss. 938.19
21to 938.21.
SB288,129,2222 (d) "Qualified expert witness" means a person who is any of the following:
SB288,129,2523 1. A member of the Indian juvenile's tribe recognized by the Indian juvenile's
24tribal community as knowledgeable regarding the tribe's customs relating to family
25organization or child-rearing practices.
SB288,130,2
12. A member of another tribe who is knowledgeable regarding the customs of
2the Indian juvenile's tribe relating to family organization or child-rearing practices.
SB288,130,63 3. A professional person having substantial education and experience in the
4person's professional specialty and having substantial knowledge of the customs,
5traditions, and values of the Indian juvenile's tribe relating to family organization
6and child-rearing practices.
SB288,130,97 4. A layperson having substantial experience in the delivery of juvenile and
8family services to Indians and substantial knowledge of the prevailing social and
9cultural standards and child-rearing practices of the Indian juvenile's tribe.
SB288,130,1310 (e) "Reservation" means Indian country, as defined in 18 USC 1151, or any land
11not covered under that section to which title is either held by the United States in
12trust for the benefit of an Indian tribe or individual or held by an Indian tribe or
13individual, subject to a restriction by the United States against alienation.
SB288,130,23 14(3) Jurisdiction over Indian juvenile custody proceedings. (a) Applicability.
15This section and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, apply
16to any Indian juvenile custody proceeding regardless of whether the Indian juvenile
17is in the legal custody or physical custody of an Indian parent, Indian custodian,
18extended family member, or other person at the commencement of the proceeding
19and whether the Indian juvenile resides or is domiciled on or off of a reservation. A
20court assigned to exercise jurisdiction under this chapter may not determine
21whether this section and the federal Indian Child Welfare Act, 25 USC 1901 to 1963,
22apply to an Indian juvenile custody proceeding based on whether the Indian juvenile
23is part of an existing Indian family.
SB288,131,524 (b) Exclusive tribal jurisdiction. 1. An Indian tribe shall have exclusive
25jurisdiction over any Indian juvenile custody proceeding involving an Indian

1juvenile who resides or is domiciled within the reservation of the tribe, except when
2that jurisdiction is otherwise vested in the state by federal law and except as
3provided in subd. 2. If an Indian juvenile is a ward of a tribal court, the Indian tribe
4shall retain exclusive jurisdiction regardless of the residence or domicile of the
5juvenile.
SB288,131,166 2. Subdivision 1. does not prevent an Indian juvenile who resides or is domiciled
7within a reservation, but who is temporarily located off the reservation, from being
8taken into and held in custody under ss. 938.19 to 938.21 in order to prevent
9imminent physical harm or damage to the Indian juvenile. The person taking the
10Indian juvenile into custody or the intake worker shall immediately release the
11Indian juvenile from custody upon determining that holding the Indian juvenile in
12custody is no longer necessary to prevent imminent physical damage or harm to the
13Indian juvenile and shall expeditiously restore the Indian juvenile to his or her
14parent or Indian custodian, release the Indian juvenile to an appropriate official of
15the Indian juvenile's tribe, or initiate an Indian juvenile custody proceeding, as may
16be appropriate.
SB288,131,2217 (c) Transfer of proceedings to tribe. In any Indian juvenile custody proceeding
18under this chapter involving an out-of-home placement of an Indian juvenile who
19is not residing or domiciled within the reservation of the Indian juvenile's tribe, the
20court assigned to exercise jurisdiction under this chapter shall, upon the petition of
21the Indian juvenile's parent, Indian custodian, or tribe, transfer the proceeding to the
22jurisdiction of the tribe unless any of the following applies:
SB288,131,2323 1. A parent of the Indian juvenile objects to the transfer.
SB288,131,2524 2. The Indian juvenile's tribe does not have a tribal court, or the tribal court of
25the Indian juvenile's tribe declines jurisdiction.
SB288,132,6
13. The court determines that good cause exists to deny the transfer. In
2determining whether good cause exists to deny the transfer, the court may not
3consider any perceived inadequacy of the tribal social services department or the
4tribal court of the Indian juvenile's tribe. The court may determine that good cause
5exists to deny the transfer only if the person opposing the transfer shows by clear and
6convincing evidence that any of the following applies:
SB288,132,77 a. The Indian juvenile is 12 years of age or over and objects to the transfer.
SB288,132,148 b. The evidence or testimony necessary to decide the case cannot be presented
9in tribal court without undue hardship to the parties or the witnesses and that the
10tribal court is unable to mitigate the hardship by making arrangements to receive
11the evidence or testimony by use of telephone or live audiovisual means, by hearing
12the evidence or testimony at a location that is convenient to the parties and
13witnesses, or by use of other means permissible under the tribal court's rules of
14evidence.
SB288,132,1915 c. The Indian juvenile's tribe received notice of the proceeding under sub. (4)
16(a), the tribe has not indicated to the court in writing that the tribe is monitoring the
17proceeding and may request a transfer at a later date, and because of gross
18negligence the tribe has not petitioned for a transfer within 3 months after receiving
19notice of the proceeding.
SB288,133,320 (d) Declination of jurisdiction. If the court assigned to exercise jurisdiction
21under this chapter determines that the petitioner in an Indian juvenile custody
22proceeding has improperly removed the Indian juvenile from the custody of his or her
23parent or Indian custodian or has improperly retained custody of the Indian juvenile
24after a visit or other temporary relinquishment of custody, the court shall decline
25jurisdiction over the petition and immediately return the Indian juvenile to the

1custody of the parent or Indian custodian, unless the court determines that returning
2the Indian juvenile to his or her parent or Indian custodian would subject the Indian
3juvenile to substantial and immediate danger or the threat of that danger.
SB288,133,54 (e) Intervention. An Indian juvenile's Indian custodian or tribe may intervene
5at any point in an Indian juvenile custody proceeding under this chapter.
SB288,133,106 (f) Full faith and credit. The state shall give full faith and credit to the public
7acts, records, and judicial proceedings of any Indian tribe that are applicable to an
8Indian juvenile custody proceeding to the same extent that the state gives full faith
9and credit to the public acts, records, and judicial proceedings of any other
10governmental entity.
SB288,134,2 11(4) Court proceedings. (a) Notice. In any involuntary proceeding under s.
12938.13 (4), (6), (6m), or (7) involving the out-of-home care placement of a juvenile
13whom the court knows or has reason to know is an Indian juvenile, the party seeking
14the out-of-home care placement shall, for the first hearing of the proceeding, notify
15the Indian juvenile's parent, Indian custodian, and tribe, by registered mail, return
16receipt requested, of the pending proceeding and of their right to intervene in the
17proceeding and shall file the return receipt with the court. Notice of subsequent
18hearings in a proceeding shall be in writing and may be given by mail, personal
19delivery, or facsimile transmission, but not by electronic mail. If the identity or
20location of the Indian juvenile's parent, Indian custodian, or tribe cannot be
21determined, that notice shall be given to the U.S. secretary of the interior in like
22manner. The first hearing in the proceeding may not be held until at least 10 days
23after receipt of the notice by the parent, Indian custodian, and tribe or until at least
2410 days after receipt of the notice by the U.S. secretary of the interior. On request

1of the parent, Indian custodian, or tribe, the court shall grant a continuance of up to
220 additional days to enable the requester to prepare for that hearing.
SB288,134,103 (b) Appointment of counsel. Whenever an Indian juvenile is the subject of a
4proceeding under s. 938.13 (4), (6), (6m), or (7) involving the removal of the Indian
5juvenile from the home of his or her parent or Indian custodian or the placement of
6the Indian juvenile in an out-of-home care placement, the Indian juvenile's parent
7or Indian custodian shall have the right to be represented by court-appointed
8counsel as provided in s. 938.23 (2g). The court may also, in its discretion, appoint
9counsel for the Indian juvenile under s. 938.23 (1m) or (3) if the court finds that the
10appointment is in the best interests of the Indian juvenile.
SB288,134,1511 (c) Examination of reports and other documents. Each party to a proceeding
12under s. 938.13 (4), (6), (6m), or (7) involving the out-of-home care placement of an
13Indian juvenile shall have the right to examine all reports or other documents filed
14with the court upon which any decision with respect to the out-of-home care
15placement may be based.
SB288,134,2016 (d) Out-of-home care placement; serious damage and active efforts. The court
17may not order an Indian juvenile who is in need of protection or services under s.
18938.13 (4), (6), (6m), or (7) to be removed from the home of the Indian juvenile's parent
19or Indian custodian and placed in an out-of-home care placement unless all of the
20following occur:
SB288,134,2421 1. The court finds by clear and convincing evidence, including the testimony
22of one or more qualified expert witnesses chosen in the order of preference listed in
23par. (e), that continued custody of the Indian juvenile by the parent or Indian
24custodian is likely to result in serious emotional or physical damage to the juvenile.
SB288,135,6
12. The court finds by clear and convincing evidence that active efforts, as
2described in par. (f) 1., have been made to provide remedial services and
3rehabilitation programs designed to prevent the breakup of the Indian juvenile's
4family and that those efforts have proved unsuccessful. The court shall make that
5finding notwithstanding that a circumstance specified in s. 938.355 (2d) (b) 1. to 4.
6applies.
SB288,135,107 (e) Qualified expert witness; order of preference. 1. Any party to a proceeding
8under s. 938.13 (4), (6), (6m), or (7) involving the out-of-home placement of an Indian
9juvenile may call a qualified expert witness. Subject to subd. 2., a qualified expert
10witness shall be chosen in the following order of preference:
SB288,135,1111 a. A member of the Indian juvenile's tribe described in sub. (2) (d) 1.
SB288,135,1212 b. A member of another tribe described in sub. (2) (d) 2.
SB288,135,1313 c. A professional person described in sub. (2) (d) 3.
SB288,135,1414 d. A layperson described in sub. (2) (d) 4.
SB288,135,2515 2. A qualified expert witness from a lower order of preference may be chosen
16only if the party calling the qualified expert witness shows that it has made a diligent
17effort to secure the attendance of a qualified expert witness from a higher order of
18preference. A qualified expert witness from a lower order of preference may not be
19chosen solely because a qualified expert witness from a higher order of preference is
20able to participate in the Indian juvenile custody proceeding only by telephone or live
21audiovisual means as prescribed in s. 807.13 (2). The fact that a qualified expert
22witness called by one party is from a lower order of preference under subd. 1. than
23a qualified expert witness called by another party may not be the sole consideration
24in weighing the testimony and opinions of the qualified expert witnesses. The court
25shall determine the qualifications of a qualified expert witness as provided in ch. 907.
SB288,136,11
1(f) Active efforts standard. 1. The court may not order an Indian juvenile to
2be removed from the home of the Indian juvenile's parent or Indian custodian and
3placed in an out-of-home care placement unless the evidence of active efforts under
4par. (d) 2. shows that there has been an ongoing, vigorous, and concerted level of case
5work and that the active efforts were made in a manner that takes into account the
6prevailing social and cultural values, conditions, and way of life of the Indian
7juvenile's tribe and that utilizes the available resources of the Indian juvenile's tribe,
8tribal and other Indian child welfare agencies, extended family members of the
9Indian juvenile, other individual Indian caregivers, and other culturally appropriate
10service providers. The court's consideration of whether active efforts were made
11under par. (d) 2. shall include whether all of the following activities were conducted:
SB288,136,1712 a. Representatives designated by the Indian juvenile's tribe with substantial
13knowledge of the prevailing social and cultural standards and child-rearing
14practices within the tribal community were requested to evaluate the circumstances
15of the Indian juvenile's family and to assist in developing a case plan that uses the
16resources of the tribe and of the Indian community, including traditional and
17customary support, actions, and services, to address those circumstances.
SB288,136,2018 am. A comprehensive assessment of the situation of the Indian juvenile's
19family was completed, including a determination of the likelihood of protecting the
20Indian juvenile's health, safety, and welfare effectively in the Indian juvenile's home.
SB288,136,2421 b. Representatives of the Indian juvenile's tribe were identified, notified, and
22invited to participate in all aspects of the Indian juvenile custody proceeding at the
23earliest possible point in the proceeding and their advice was actively solicited
24throughout the proceeding.
SB288,137,5
1c. Extended family members of the Indian juvenile, including extended family
2members who were identified by the Indian juvenile's tribe or parents, were notified
3and consulted with to identify and provide family structure and support for the
4Indian juvenile, to assure cultural connections, and to serve as placement resources
5for the Indian juvenile.
SB288,137,106 d. Arrangements were made to provide natural and unsupervised family
7interaction in the most natural setting that can ensure the Indian juvenile's safety,
8as appropriate to the goals of the Indian juvenile's permanency plan, including
9arrangements for transportation and other assistance to enable family members to
10participate in that interaction.
SB288,137,1411 e. All available family preservation strategies were offered or employed and the
12involvement of the Indian juvenile's tribe was requested to identify those strategies
13and to ensure that those strategies are culturally appropriate to the Indian juvenile's
14tribe.
SB288,137,2015 f. Community resources offering housing, financial, and transportation
16assistance and in-home support services, in-home intensive treatment services,
17community support services, and specialized services for members of the Indian
18juvenile's family with special needs were identified, information about those
19resources was provided to the Indian juvenile's family, and the Indian juvenile's
20family was actively assisted or offered active assistance in accessing those resources.
SB288,137,2221 g. Monitoring of client progress and client participation in services was
22provided.
SB288,137,2523 h. A consideration of alternative ways of addressing the needs of the Indian
24juvenile's family was provided, if services did not exist or if existing services were not
25available to the family.
SB288,138,3
12. If any of the activities specified in subd. 1. a. to h. were not conducted, the
2person seeking the out-of-home care placement shall submit documentation to the
3court explaining why the activity was not conducted.
SB288,138,10 4(5) Invalidation of action. Any Indian juvenile in need of protection or services
5under s. 938.13 (4), (6), (6m), or (7) who is the subject of an out-of-home care
6placement, any parent or Indian custodian from whose custody that Indian juvenile
7was removed, or the Indian juvenile's tribe may move the court to invalidate that
8out-of-home care placement on the grounds that the out-of-home care placement
9was made in violation of 25 USC 1911 or 1912. If the court finds that those grounds
10exist, the court shall invalidate the out-of-home care placement.
SB288,138,19 11(6) Placement of Indian juvenile. (a) Out-of-home care placement;
12preferences.
Any Indian juvenile in need of protection or services under s. 938.13 (4),
13(6), (6m), or (7) who is placed in an out-of-home care placement shall be placed in
14the least restrictive setting that most approximates a family, that meets the Indian
15juvenile's special needs, if any, and that is within reasonable proximity to the Indian
16juvenile's home, taking into account those special needs. Subject to pars. (b) to (d),
17in placing such an Indian juvenile in an out-of-home care placement, preference
18shall be given, in the absence of good cause, as described in par. (d), to the contrary,
19to a placement in one of the following, in the order of preference listed:
SB288,138,2020 1. The home of an extended family member of the Indian juvenile.
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