48.355(2c)(a)
(a) When a court makes a finding under sub.
(2) (b) 6. as to whether the county department, the department, in a county having a population of 750,000 or more, or the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to prevent the removal of the child from his or her home, while assuring that the child's health and safety are the paramount concerns, the court's consideration of reasonable efforts shall include, but not be limited to, whether:
48.355(2c)(a)1.
1. A comprehensive assessment of the family's situation was completed, including a determination of the likelihood of protecting the child's health, safety and welfare effectively in the home.
48.355(2c)(a)2.
2. Financial assistance, if applicable, was provided to the family.
48.355(2c)(a)3.
3. Services were offered or provided to the family, if applicable, and whether any assistance was provided to the family to enable the family to utilize the services. Examples of the types of services that may have been offered include:
48.355(2c)(a)3.c.
c. Community support services, such as child care, parent skills training, housing assistance, employment training, and emergency mental health services.
48.355(2c)(a)4.
4. Monitoring of client progress and client participation in services was provided.
48.355(2c)(a)5.
5. A consideration of alternative ways of addressing the family's needs was provided, if services did not exist or existing services were not available to the family.
48.355(2c)(b)
(b) When a court makes a finding under sub.
(2) (b) 6. as to whether the county department, department, in a county having a population of 750,000 or more, or agency primarily responsible for providing services to the child under a court order has made reasonable efforts to achieve the permanency goal of the permanency plan, the court's consideration of reasonable efforts shall include the considerations listed under par.
(a) 1. to
5. and whether visitation schedules between the child and his or her parents were implemented, unless visitation was denied or limited by the court.
48.355(2d)(a)1.
1. “Aggravated circumstances" include abandonment in violation of s.
948.20 or in violation of the law of any other state or federal law if that violation would be a violation of s.
948.20 if committed in this state, torture, chronic abuse and sexual abuse.
48.355(2d)(a)2.c.
c. A violation of the law of any other state or federal law if that violation would be a violation listed under subd.
2. a. or
b. if committed in this state.
48.355(2d)(b)
(b) Notwithstanding sub.
(2) (b) 6., the court is not required to include in a dispositional order a finding as to whether the county department, the department, in a county having a population of 750,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a child to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, or a finding as to whether the county department, department, or agency has made reasonable efforts with respect to a parent of a child to achieve the permanency goal of returning the child safely to his or her home, if the court finds any of the following:
48.355(2d)(b)1.
1. That the parent has subjected the child to aggravated circumstances, as evidenced by a final judgment of conviction.
48.355(2d)(b)2.
2. That the parent has committed, has aided or abetted the commission of, or has solicited, conspired, or attempted to commit, a violation of s.
940.01,
940.02,
940.03, or
940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of s.
940.01,
940.02,
940.03, or
940.05 if committed in this state, as evidenced by a final judgment of conviction, and that the victim of that violation is a child of the parent.
48.355(2d)(b)3.
3. That the parent has committed a violation of s.
940.19 (3), 1999 stats., a violation of s.
940.19 (2),
(4), or
(5),
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025,
948.03 (2) (a),
(3) (a), or
(5) (a) 1.,
2., or
3., or
948.085 or a violation of the law of any other state or federal law, if that violation would be a violation of s.
940.19 (2),
(4), or
(5),
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025,
948.03 (2) (a),
(3) (a), or
(5) (a) 1.,
2., or
3., or
948.085 if committed in this state, as evidenced by a final judgment of conviction, and that the violation resulted in great bodily harm, as defined in s.
939.22 (14), or in substantial bodily harm, as defined in s.
939.22 (38), to the child or another child of the parent.
48.355(2d)(b)3m.
3m. That the parent has committed a violation of s.
948.051 or a violation of the law of any other state or federal law, if that violation would be a violation of s.
948.051 if committed in this state, as evidenced by a final judgment of conviction, and that the victim of that violation is a child of the parent.
48.355(2d)(b)4.
4. That the parental rights of the parent to another child have been involuntarily terminated, as evidenced by a final order of a court of competent jurisdiction terminating those parental rights.
48.355(2d)(b)5.
5. That the parent has been found under s.
48.13 (2m) to have relinquished custody of the child under s.
48.195 (1) when the child was 72 hours old or younger, as evidenced by a final order of a court of competent jurisdiction making that finding.
48.355(2d)(bm)
(bm) The court shall make a finding specified in par.
(b) 1. to
5. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which that finding is based in the dispositional order. A dispositional order that merely references par.
(b) 1. to
5. without documenting or referencing that specific information in the dispositional order or an amended dispositional order that retroactively corrects an earlier dispositional order that does not comply with this paragraph is not sufficient to comply with this paragraph.
48.355(2d)(c)
(c) If the court finds that any of the circumstances specified in par.
(b) 1. to
5. applies with respect to a parent, the court shall hold a hearing under s.
48.38 (4m) within 30 days after the date of that finding to determine the permanency goal and, if applicable, any concurrent permanency goals for the child.
48.355(2d)(d)
(d) This subsection does not affect the requirement under sub.
(2) (b) 6v. that the court include in a dispositional order removing an Indian child from the home of his or her parent or Indian custodian and placing the child outside that home a finding that active efforts under s.
48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful.
48.355(2e)
(2e)
Permanency plans; filing; amended orders; copies. 48.355(2e)(a)(a) If a permanency plan has not been prepared at the time the dispositional order is entered, or if the court orders a disposition that is not consistent with the permanency plan, the agency responsible for preparing the plan shall prepare a permanency plan that is consistent with the order or revise the permanency plan to conform to the order and shall file the plan with the court within the time specified in s.
48.38 (3). A permanency plan filed under this paragraph shall be made a part of the dispositional order.
48.355(2e)(b)
(b) Each time a child's placement is changed under s.
48.32 or
48.357, a trial reunification is ordered under s.
48.358, a consent decree is revised under s.
48.32, or a dispositional order is revised under s.
48.363 or extended under s.
48.365, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order.
48.355(2e)(c)
(c) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child's parent or guardian, to the child or the child's counsel or guardian ad litem, to the child's court-appointed special advocate and to the person representing the interests of the public.
48.355(2m)
(2m)
Transitional placements. The court order may include the name of transitional placements, but may not designate a specific time when transitions are to take place. The procedures of ss.
48.357 and
48.363 shall govern when such transitions take place. However, the court may place specific time limitations on interim arrangements made for the care of the child or for the treatment of the expectant mother pending the availability of the dispositional placement.
48.355(3)(a)(a) Except as provided in par.
(b), if, after a hearing on the issue with due notice to the parent or guardian, the court finds that it would be in the best interest of the child, the court may set reasonable rules of parental visitation.
48.355(3)(b)1.1. Except as provided in subd.
2., the court may not grant visitation under par.
(a) to a parent of a child if the parent has been convicted under s.
940.01 of the first-degree intentional homicide, or under s.
940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.
48.355(3)(b)1m.
1m. Except as provided in subd.
2., if a parent who is granted visitation rights with a child under par.
(a) is convicted under s.
940.01 of the first-degree intentional homicide, or under s.
940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.
48.355(3)(b)2.
2. Subdivisions
1. and
1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.
48.355(4)(a)(a) Except as provided under s.
48.368, an order under this section or s.
48.357 or
48.365 made before the child attains 18 years of age that places or continues the placement of the child in his or her home shall terminate one year after the date on which the order is granted unless the judge specifies a shorter period of time or the judge terminates the order sooner.
48.355(4)(b)
(b) Except as provided under s.
48.368, an order under this section or s.
48.357 or
48.365 made before the child reaches 18 years of age that places or continues the placement of the child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement shall terminate on the latest of the following dates, unless the judge specifies a shorter period or the judge terminates the order sooner:
48.355(4)(b)1.
1. The date on which the child attains 18 years of age.
48.355(4)(b)2.
2. The date that is one year after the date on which the order is granted.
48.355(4)(b)3.
3. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains 19 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 19 years of age.
48.355(4)(b)4.
4. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains 21 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s.
115.787 is in effect for the child. The court may not grant an order that terminates as provided in this subdivision unless the child is 17 years of age or older when the order is granted and the child, or the child's guardian on behalf of the child, agrees to the order. At any time after the child attains 18 years of age, the child, or the child's guardian on behalf of the child, may request the court in writing to terminate the order and, on receipt of such a request, the court, without a hearing, shall terminate the order.
48.355(4)(c)
(c) An order under this section or s.
48.357 or
48.365 relating to an unborn child in need of protection or services that is made before the unborn child is born shall terminate one year after the date on which the order is granted unless the judge specifies a shorter period of time or the judge terminates the order sooner.
48.355(4g)
(4g)
Termination of orders; case closure orders. 48.355(4g)(a)
(a) On request of a person authorized to file a petition under par.
(b) or on its own motion and on a finding that granting the request or motion would be in the best interests of the child, the court may terminate an order under this section or s.
48.357 or
48.365 before the child attains 18 years of age and grant an order determining paternity of the child, legal custody of the child, periods of physical placement with the child, visitation rights with respect to the child, or the obligation of the child's parents to provide support for the child and the responsibility of the child's parents to provide coverage of the child's health care expenses if any of the following apply:
48.355(4g)(a)1.
1. The child's parents are parties to a pending action for divorce, annulment, or legal separation, a man determined under s.
48.299 (6) (e) 4. to be the biological father of the child for purposes of a proceeding under this chapter is a party to a pending action to determine paternity of the child under ch.
767, or the child is the subject of a pending independent action under s.
767.41 or
767.43 to determine legal custody of the child or visitation rights with respect to the child.
48.355(4g)(a)2.
2. The child is the subject of an order that has been granted in an action affecting the family determining legal custody of the child, periods of physical placement with the child, visitation rights with respect to the child, or the obligation of the child's parents to provide support for the child and the responsibility of the child's parents to provide coverage of the child's health care expenses.
48.355(4g)(b)
(b) The child or his or her counsel or guardian ad litem, the child's parent, guardian, legal custodian, or Indian custodian, the person or agency responsible for implementing the dispositional order, or the district attorney or corporation counsel may file a petition with the court requesting an order under par.
(a) or the court, on its own motion, may propose such an order.
48.355(4g)(c)
(c) The court shall hold a hearing before granting an order requested or proposed under par.
(b). At least 5 days before the hearing, the court shall cause notice of the hearing, together with a copy of the request or proposal, to be provided to the child, the child's counsel or guardian ad litem, the child's parent, guardian, and legal custodian, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, the child's court-appointed special advocate, and, if the child is an Indian child, the child's Indian custodian and tribe.
48.355(4g)(d)
(d) In considering whether to grant a request or proposal for an order under par.
(a), the court shall proceed as follows:
48.355(4g)(d)1.
1. If the request or proposal is for an order determining paternity of the child, the court shall determine paternity in the same manner as paternity is determined under subch.
IX of ch. 767.
48.355(4g)(d)2.
2. If the request or proposal is for an order determining legal custody of the child and periods of physical placement with the child, the court shall determine legal custody and periods of physical placement in the same manner as legal custody and periods of physical placement are determined under ss.
767.41 and
767.481 and, if the child is the subject of a preexisting order that has been entered in an action affecting the family determining legal custody of the child or periods of physical placement with the child, in the same manner as legal custody and periods of physical placement are determined under ss.
767.451 and
767.461, except that the court is not required to refer the parties for mediation under s.
767.405 (5) or refer the matter for a legal custody and physical placement study under s.
767.405 (14), the parties are not required to file a parenting plan under s.
767.41 (1m), and the court may not transfer legal custody of the child to a relative or an agency under s.
767.41 (3).
48.355(4g)(d)3.
3. If the request or proposal is for an order determining visitation rights with respect to the child, the court shall determine those rights in the same manner as visitation rights are determined under ss.
767.43 and
767.44.
48.355(4g)(d)4.
4. If the request or proposal is for an order determining the obligation of the child's parents to provide support for the child and the responsibility of the child's parents to provide coverage of the child's health care expenses, the court shall determine that obligation and responsibility in the same manner as that obligation and responsibility are determined under ss.
767.511,
767.513,
767.54,
767.55,
767.57, and
767.58.
48.355(4g)(e)
(e) An order under par.
(a) may modify a preexisting order of a court exercising jurisdiction in an action affecting the family and shall remain in effect until modified or terminated by a court exercising that jurisdiction.
48.355(4g)(f)
(f) If at the time an order under par.
(a) is granted an action described in par.
(a) 1. is pending or if at that time the child is the subject of a preexisting order described in par.
(a) 2., the court that granted the order under par.
(a) shall file a copy of the order with the court that is exercising jurisdiction in that pending action or that entered that preexisting order. On receipt of the copy of that order, the court that is exercising jurisdiction over the pending action or that granted the preexisting order shall provide a copy of that order to all parties to that pending action or to all parties that are bound by that preexisting order. The order shall become a part of the record of that pending action or the action in which the preexisting order was granted.
48.355(4g)(g)1.1. A person who is granted legal custody and periods of physical placement with a child under an order under par.
(a) may seek enforcement of the order by filing a motion under s.
767.471 (3) with the court in which the order was filed under par.
(f), and that court shall enforce the order in the same manner as legal custody and physical placement orders are enforced under s.
767.471.
48.355(4g)(g)2.
2. A party to a proceeding under this subsection in which legal custody and periods of physical placement with a child are determined under an order under par.
(a) may seek a modification of the order by filing a petition, motion, order to show cause, or stipulation with the court in which the order was filed under par.
(f), and that court may modify the order in the same manner as legal custody and physical placement orders are modified under ss.
767.451,
767.461, and
767.481.
48.355(4g)(h)1.1. A person who is granted visitation rights with respect to a child under an order under par.
(a) may seek enforcement of the order by filing a motion for contempt of court under s.
767.43 (5) with the court in which the order was filed under par.
(f), and that court shall enforce the order in the same manner as visitation orders are enforced under s.
767.43 (5).
48.355(4g)(h)2.
2. A party to a proceeding under this subsection in which visitation rights with respect to a child are determined under an order under par.
(a) may seek a modification of the order by filing a petition, motion, or order to show cause with the court in which the order was filed under par.
(f), and that court may modify the order in the same manner as visitation orders are modified under s.
767.43 (1),
(3), or
(6), whichever is applicable.
48.355(4g)(i)1.1. A party to a proceeding under this subsection in which the obligation to provide support for a child and the responsibility to provide health care coverage for a child are determined under an order under par.
(a) who is authorized to commence an action to compel child support under s.
767.501 may seek enforcement of the order by filing an action to compel support under s.
767.501 with the court in which the order was filed under par.
(f), and that court shall enforce the order in the same manner as child support and health care coverage orders are enforced under ss.
767.511,
767.513,
767.54,
767.55,
767.57,
767.58, and
767.70 to
767.78.
48.355(4g)(i)2.
2. A party to a proceeding under this subsection in which the obligation to provide support for a child and the responsibility to provide health care coverage for a child are determined under an order under par.
(a) may seek a modification of the order by filing a petition, motion, or order to show cause with the court in which the order was filed under par.
(f), and that court may modify the order in the same manner as child support and health coverage orders are modified under ss.
767.553 and
767.59.
48.355(5)
(5)
Effect of court order. Any party, person or agency who provides services for the child or the expectant mother under this section shall be bound by the court order.
48.355(7)
(7)
Orders applicable to parents, guardians, legal custodians, expectant mothers and other adults. In addition to any dispositional order entered under s.
48.345 or
48.347, the court may enter an order applicable to the parent, guardian or legal custodian of a child, to a family member of an adult expectant mother or to another adult as provided under s.
48.45.
48.355 History
History: 1977 c. 354;
1979 c. 295,
300,
359;
1983 a. 27,
102,
399,
538;
1985 a. 29;
1987 a. 27,
339,
383;
1989 a. 31,
41,
86,
107,
121,
359;
1991 a. 39;
1993 a. 98,
334,
377,
385,
395,
446,
481,
491;
1995 a. 27,
77,
201,
225,
275;
1997 a. 27,
205,
237,
292;
1999 a. 9,
103,
149,
186;
2001 a. 2,
16,
109;
2005 a. 277;
2007 a. 20,
116;
2009 a. 28,
79,
94,
185,
302;
2011 a. 181,
258;
2013 a. 165,
170,
237,
334,
362;
2015 a. 172,
366,
367,
373;
2021 a. 42.
48.355 Annotation
A circuit court may order parents to pay toward a child's support when a CHIPS child is placed in residential treatment, but the court may not assess any of the facility's education-related costs against the parents. Calumet County Department of Human Services v. Randall H.,
2002 WI 126,
257 Wis. 2d 57,
653 N.W.2d 503,
01-1272.
48.355 Annotation
Sub. (2) (b) 1. does not require a CHIPS dispositional order to separately list each individual service that the department is to provide so long as the department is ordered to provide “supervision," “services," and “case management" and the order also provides detailed conditions that the parents must complete in compliance with the dispositional order. Sheboygan County Department of Health & Human Services v. Elijah W.L.,
2010 WI 55,
325 Wis. 2d 524,
785 N.W.2d 369,
08-3065.
48.356
48.356
Duty of court to warn. 48.356(1)(1)
Whenever the court orders a child to be placed outside his or her home, orders an expectant mother of an unborn child to be placed outside of her home, or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under s.
48.345,
48.347,
48.357,
48.363, or
48.365 and whenever the court reviews a permanency plan under s.
48.38 (5m), the court shall orally inform the parent or parents who appear in court or the expectant mother who appears in court of any grounds for termination of parental rights under s.
48.415 which may be applicable and of the conditions necessary for the child or expectant mother to be returned to the home or for the parent to be granted visitation.
48.356(2)
(2) In addition to the notice required under sub.
(1), any written order which places a child or an expectant mother outside the home or denies visitation under sub.
(1) shall notify the parent or parents or expectant mother of the information specified under sub.
(1).
48.356 Annotation
Substantial compliance is not adequate to meet the sub. (2) notice provision; oral, rather than written, notice is insufficient. In re D.F.,
147 Wis. 2d 486,
433 N.W.2d 609 (Ct. App. 1988).
48.356 Annotation
Dismissal of termination proceedings because only two of six dispositional orders contained statutory warnings was inappropriate. The warning is only required on one order. In Interest of K.K.,
162 Wis. 2d 431,
469 N.W.2d 881 (Ct. App. 1991).
48.356 Annotation
To comply with sub. (2), the written order must contain the same information as the oral notice under sub. (1); that the notice contained more does not mean sub. (2) was violated. In Interest of Jamie L.,
172 Wis. 2d 218,
493 N.W.2d 56 (1992).
48.356 Annotation
When termination is under s. 48.415 (8) for murdering the other parent, no notice under sub. (1) of the conditions necessary for the return of the child is necessary as the grounds for termination, the murder, cannot be remedied. Winnebago County DSS v. Darrell A.,
194 Wis. 2d 628,
534 N.W.2d 907 (Ct. App. 1995).
48.356 Annotation
It was a denial of due process to terminate parental rights on grounds substantially different from those that the parent was warned of under this section. State v. Patricia A.P.,
195 Wis. 2d 855,
537 N.W.2d 47 (Ct. App. 1995),
95-1164.
48.356 Annotation
The written warning under sub. (2) applies only to orders removing children from placement with their parents or denying parental visitation. Temporary physical custody orders or extensions of those orders may not lead to a loss of parental rights and do not require the written warning. Marinette County v. Tammy C.,
219 Wis. 2d 206,
579 N.W.2d 635 (1998),
97-2946.
48.356 Annotation
Section 48.415 (2) (a) 1. makes the written notice in sub. (2) an element to prove in a TPR case grounded in continuing CHIPS. The plain language of s. 48.415 (2) (a) 1. provides that the statutory notice requirements are satisfied when at least one of the CHIPS orders contains the written notice required under sub. (2). Section 48.415 (2) (a) does not require that notice be given in every CHIPS order, and it does not require that notice be in the last CHIPS order. St. Croix County Department of Health and Human Services v. Michael D.,
2016 WI 35,
368 Wis. 2d 170,
880 N.W.2d 107,
14-2431.
48.356 Annotation
While notification of any grounds for termination of parental rights necessarily includes the statutory sub-parts comprising each ground, circuit courts must provide notice of only those grounds that “may be applicable” at the time the order is entered. Indeed, the statute does not say that circuit courts must provide notice of grounds that “will be” applicable; this would assign the circuit courts an impossible task. Eau Claire County Department of Human Services v. S.E.,
2021 WI 56,
397 Wis. 2d 462,
960 N.W.2d 391,
19-0894.
48.357
48.357
Change in placement; child or expectant mother subject to dispositional order. 48.357(1)(1)
Request by person or agency responsible for order or prosecutor.
