48.365
48.365
Extension of orders. 48.365(1)(1)
In this section, a child is considered to have been placed outside of his or her home on the date on which the child was first removed from his or her home.
48.365(1m)
(1m) The parent, child, guardian, legal custodian, Indian custodian, expectant mother, unborn child's guardian ad litem, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered, or the court on its own motion may request an extension of an order under s.
48.355 including an order under s.
48.355 that was entered before the child was born. The request shall be submitted to the court that entered the order. An order under s.
48.355 may be extended only as provided in this section.
48.365(2)
(2) No order may be extended without a hearing. The court shall provide notice of the time and place of the hearing to the child, the child's parent, guardian, legal custodian, and Indian custodian, all the parties present at the original hearing, the child's foster parent or other physical custodian described in s.
48.62 (2), the child's court-appointed special advocate, the district attorney or corporation counsel in the county in which the dispositional order was entered and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's tribe. If the child is an expectant mother of an unborn child under s.
48.133, the court shall also notify the unborn child's guardian ad litem. If the extension hearing involves an adult expectant mother of an unborn child under s.
48.133, the court shall notify the adult expectant mother, the unborn child's guardian ad litem, all the parties present at the original hearing, and the district attorney or corporation counsel in the county in which the dispositional order was entered, of the time and place of the hearing.
48.365(2g)(a)(a) At the hearing the person or agency primarily responsible for providing services to the child or expectant mother shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the rehabilitation or care and treatment of the child or for the rehabilitation and treatment of the expectant mother and the care of the unborn child.
48.365(2g)(b)
(b) If the child is placed outside of his or her home, the report shall include all of the following:
48.365(2g)(b)1.
1. A copy of the report of the review panel under s.
48.38 (5), if any, and a response to the report from the agency primarily responsible for providing services to the child.
48.365(2g)(b)2.
2. An evaluation of the child's adjustment to the placement and of any progress the child has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the permanency goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the child's placement.
48.365(2g)(b)3.
3. If the child has been placed outside of his or her home in a foster home, group home, residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the child. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the child, and whether or not the child should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the child be registered with the adoption information exchange or report the reason why registering the child is contrary to the best interest of the child.
48.365(2g)(b)4.
4. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, specific information showing 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.
48.365(2g)(c)
(c) In cases where the child has not been placed outside the home, the report shall contain a description of efforts that have been made by all parties concerned toward meeting the objectives of treatment, care or rehabilitation, an explanation of why these efforts have not yet succeeded in meeting the objective, and anticipated future planning for the child.
48.365(2m)(a)1.1. Any party may present evidence relevant to the issue of extension. If the child is placed outside of his or her home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the permanency goal of the child's permanency plan, including, if appropriate, through an out-of-state placement. If an Indian child is placed outside the home of his or her parent or Indian custodian, the person or agency primarily responsible for providing services to the Indian child shall also present as evidence specific information showing 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.
48.365(2m)(a)1m.
1m. The judge shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the child to achieve the permanency goal of the child's permanency plan, including, if appropriate, through an out-of-state placement. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the findings of fact shall also include a finding that active efforts under s.
48.028 (4) (d) 2. were made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful. An order shall be issued under s.
48.355.
48.365(2m)(a)1r.a.a. If the child is placed outside of his or her home and if the child has one or more siblings, as defined in s.
48.38 (4) (br) 1., who have also been placed outside the home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the agency has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the court has determined that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the agency shall present as evidence specific information showing that agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
48.365(2m)(a)1r.b.
b. If the child is placed outside the home and if the child has one or more siblings, as defined in s.
48.38 (4) (br) 1., who have also been placed outside the home, the findings of fact shall include a finding as to whether reasonable efforts have been made by the agency primarily responsible for providing services to the child to place the child in a placement that enables the sibling group to remain together, unless the court has determined that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the findings of fact shall include a finding as to whether reasonable efforts have been made by the agency to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
48.365(2m)(a)2.
2. If the judge finds that any of the circumstances specified in s.
48.355 (2d) (b) 1. to
5. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the child 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.
48.365(2m)(a)3.
3. The judge shall make the findings under subd.
1m. relating to reasonable efforts to achieve the permanency goal of the child's permanency plan and the findings under subd.
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 order issued under s.
48.355. An order that merely references subd.
1m. or
2. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.
48.365(2m)(ad)
(ad) If the judge finds that any of the circumstances under s.
48.355 (2d) (b) 1. to
5. applies with respect to a parent, the judge 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.
48.365(2m)(ag)
(ag) The court shall give a foster parent or other physical custodian described in s.
48.62 (2) who is notified of a hearing under sub.
(2) a right to be heard at the hearing by permitting the 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 issue of extension. A foster parent or other physical custodian who receives notice of a hearing under sub.
(2) and a right to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and having the right to be heard.
48.365(2m)(b)
(b) If a child has been placed outside the home under s.
48.345, or if an adult expectant mother has been placed outside the home under s.
48.347, and an extension is ordered under this subsection, the judge shall state in the record the reason for the extension.
48.365(3)
(3) The appearance of any child may be waived by consent of the child, counsel or guardian ad litem.
48.365(4)
(4) The judge shall determine which dispositions are to be considered for extensions.
48.365(5)(a)(a) Except as provided in s.
48.368, an order under this section that continues the placement of a child in his or her home or that relates to an unborn child of an adult expectant mother shall be for a specified length of time not to exceed one year after the date on which the order is granted.
48.365(5)(b)
(b) Except as provided in s.
48.368, an order under this section that continues the placement of a child in an out-of-home placement shall be for a specified length of time not to exceed the latest of the following dates:
48.365(5)(b)1.
1. The date on which the child attains 18 years of age.
48.365(5)(b)2.
2. The date that is one year after the date on which the order is granted.
48.365(5)(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.
48.365(5)(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.
48.365(6)
(6) If a request to extend a dispositional order is made prior to the termination of the order, but the court is unable to conduct a hearing on the request prior to the termination date, the court may extend the order for a period of not more than 30 days, not including any period of delay resulting from any of the circumstances specified in s.
48.315 (1). The court shall grant appropriate relief as provided in s.
48.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time period specified in this subsection. Failure to object if a hearing is not held within the time period under this subsection waives any challenge to the court's competency to act on the request.
48.365(7)
(7) Nothing in this section may be construed to allow any changes in placement or trial reunifications. Changes in placement may take place only under s.
48.357, and trial reunifications may take place only under s.
48.358.
48.365 History
History: 1977 c. 354;
1979 c. 300;
1983 a. 351,
399,
538;
1985 a. 172;
1987 a. 383;
1989 a. 31,
86,
107,
359;
1993 a. 16,
98,
377,
446;
1995 a. 27,
77,
275;
1997 a. 27,
80,
237,
292;
1999 a. 32,
149;
2001 a. 109;
2007 a. 199;
2009 a. 28,
79,
94,
185;
2011 a. 181,
258;
2011 a. 260 s.
80;
2013 a. 165,
170,
334;
2015 a. 373.
48.365 Annotation
An extension under sub. (6) does not deprive a juvenile of liberty without due process. In Interest of S.D.R.,
109 Wis. 2d 567,
326 N.W.2d 762 (1982).
48.365 Annotation
The court may extend a dispositional order for 30 days under sub. (6) to consider a petition to extend the original order even when the juvenile turns 18 during the extension period. In Interest of W.P.,
153 Wis. 2d 50,
449 N.W.2d 615 (1990).
48.365 Annotation
As I See It: Aging Out: Crossing into Adulthood Without a Net. Kilander. Wis. Law. Sept. 2014.
48.366
48.366
Extended out-of-home care. 48.366(1)(1)
Applicability. This section applies to a person who is a full-time student of a secondary school or its vocational or technical equivalent, for whom an individualized education program under s.
115.787 is in effect, and to whom any of the following applies:
48.366(1)(a)
(a) The person is placed 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 under an order under s.
48.355,
48.357, or
48.365 that terminates as provided in s.
48.355 (4) (b) 1.,
2., or
3.,
48.357 (6) (a) 1.,
2., or
3., or
48.365 (5) (b) 1.,
2., or
3. on or after the person attains 18 years of age.
48.366(1)(b)
(b) The person is in the guardianship and custody of an agency specified in s.
48.427 (3m) (a) 1. to
4. or
(am) under an order under s.
48.43 that terminates on the date on which the person attains 18 years of age.
48.366(1)(c)
(c) The person is placed in a shelter care facility on the date on which an order specified in par.
(a) or
(b) terminates.
48.366(2)
(2)
Transition-to-discharge hearing. 48.366(2)(a)(a) Not less than 120 days before an order described in sub.
(1) (a) or
(b) terminates, the agency primarily responsible for providing services under the order shall request the person who is the subject of the order to indicate whether he or she wishes to be discharged from out-of-home care on termination of the order or wishes to continue in out-of-home care under a voluntary agreement under sub.
(3). If the person is subject to an order under s.
48.355,
48.357, or
48.365 described in sub.
(1) (a), the agency shall also request the person to indicate whether he or she wishes to continue in out-of-home care until the date specified in s.
48.365 (5) (b) 4. under an extension of the order. If the person indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency shall request a transition-to-discharge hearing under par.
(b). If the person indicates that he or she wishes to continue in out-of-home care under an extension of an order under s.
48.355,
48.357, or
48.365 described in sub.
(1) (a), the agency shall request an extension of the order under s.
48.365. If the person indicates that he or she wishes to continue in out-of-home care under a voluntary agreement under sub.
(3), the agency and the person shall enter into such an agreement.
48.366(2)(b)1.1. If the person who is the subject of an order described in sub.
(1) (a) or
(b) indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency primarily responsible for providing services to the person under the order shall request the court to hold a transition-to-discharge hearing and shall cause notice of that request to be provided to that person, the parent, guardian, and legal custodian of that person, any foster parent or other physical custodian described in s.
48.62 (2) of that person, that person's court-appointed special advocate, all parties who are bound by the dispositional order, and, if that person is an Indian child who has been removed from the home of his or her parent or Indian custodian, that person's Indian custodian and tribe.
48.366(2)(b)2.
2. The court shall hold a hearing requested under subd.
1. within 30 days after receipt of the request. Not less than 3 days before the hearing, the agency requesting the hearing shall provide notice of the hearing to all persons who are entitled to receive notice of the request under subd.
1. A copy of the request shall be attached to the notice. If all persons who are entitled to receive the notice consent, the court may proceed immediately with the hearing.
48.366(2)(b)3.
3. At the hearing the court shall review with the person who is the subject of an order described in sub.
(1) (a) or
(b) the options specified in par.
(a). If the person is subject to an order under s.
48.355,
48.357, or
48.365 described in sub.
(1) (a), the court shall also advise the person that he or she may continue in out-of-home care as provided in par.
(a) under an extension of an order under s.
48.355,
48.357, or
48.365 described in sub.
(1) (a) or under a voluntary agreement under sub.
(3).
48.366(2)(b)4.
4. If the court determines that the person who is the subject of an order described in sub.
(1) (a) or
(b) understands that he or she may continue in out-of-home care, but wishes to be discharged from that care on termination of the order, the court shall advise the person that he or she may enter into a voluntary agreement under sub.
(3) at any time before he or she is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first, so long as he or she is a full-time student at a secondary school or its vocational or technical equivalent and an individualized education program under s.
115.787 is in effect for him or her. If the court determines that the person wishes to continue in out-of-home care under an extension of an order under s.
48.355,
48.357, or
48.365 described in sub.
(1) (a), the court shall schedule an extension hearing under s.
48.365. If the court determines that the person wishes to continue in out-of-home care under a voluntary agreement under sub.
(3), the court shall order the agency primarily responsible for providing services to the person under the order to provide transition-to-independent-living services for the person under that voluntary agreement.
48.366(3)
(3)
Voluntary transition-to-independent-living agreement. 48.366(3)(a)(a) On termination of an order described in sub.
(1) (a) or
(b), the person who is the subject of the order, or the person's guardian on behalf of the person, and the agency primarily responsible for providing services to the person under the order may enter into a transition-to-independent-living agreement under which the person continues in out-of-home care and continues to be a full-time student at a secondary school or its vocational or technical equivalent under an individualized education program under s.
115.787 until the date on which the person reaches 21 years of age, is granted a high school or high school equivalency diploma, or terminates the agreement as provided in par.
(b), whichever occurs first, and the agency provides services to the person to assist him or her in transitioning to independent living.
48.366(3)(am)1.1. No later than 150 days after a transition-to-independent-living agreement is entered into, the agency primarily responsible for providing services under the agreement shall petition the court for a determination that the person's placement in out-of-home care under the agreement is in the best interests of the person. The request shall contain the name and address of the placement and specific information showing why the placement is in the best interests of the person and shall have a copy of the agreement attached to it. The agency shall cause written notice of the petition to be sent to the person who is the subject of the agreement and the person's guardian.
48.366(3)(am)2.
2. On receipt of a petition under subd.
1., the court shall set a date for a hearing on the petition that allows a reasonable time for the parties to prepare but is within 30 days after the date of receipt of the petition. Not less than 3 days before the hearing the agency primarily responsible for providing services under the agreement or the court shall provide notice of the hearing to all persons who are entitled to receive notice under subd.
1. A copy of the petition shall be attached to the notice.
48.366(3)(am)3.
3. If the court finds that the person's placement in out-of-home care under the agreement is in the best interests of the person, the court shall grant an order determining that placement in out-of-home care under the agreement is in the best interests of the person. The court shall grant or deny the order no later than 180 days after the date on which the transition-to-independent-living agreement is entered into.
48.366(3)(am)4.
4. The court shall make the findings under subd.
3. on a case-by-case basis based on circumstances specific to the person and shall document or reference the specific information on which those findings are based in the order under subd.
3. An order that merely references subd.
3. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.
48.366(3)(b)
(b) The person who is the subject of an agreement under par.
(a) or his or her guardian may terminate the agreement at any time during the term of the agreement by notifying the agency primarily responsible for providing services under the agreement in writing that the person wishes to terminate the agreement.
48.366(3)(c)
(c) A person who terminates a voluntary agreement under this subsection, or the person's guardian on the person's behalf, may request the agency primarily responsible for providing services to the person under the agreement to enter into a new voluntary agreement under this subsection at any time before the person is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first, so long as the person is a full-time student at a secondary school or its vocational or technical equivalent and an individualized education program under s.
115.787 is in effect for him or her. If the request meets the conditions set forth in the rules promulgated under sub.
(4) (b), the agency shall enter into a new voluntary agreement with that person.
48.366(3)(d)
(d) If the agency that enters into a voluntary agreement under this subsection is the department or a county department, the voluntary agreement shall also specifically state that the department or the county department has placement and care responsibility for the person who is the subject of the agreement as required under
42 USC 672 (a) (2) and has primary responsibility for providing services to the person.
48.366(3g)
(3g)
Appeal procedures. Any person who is aggrieved by the failure of an agency to enter into a transition-to-independent-living agreement under sub.
(3) or by an agency's termination of such an agreement has the right to a contested case hearing under ch.
227.
48.366(3m)
(3m)
Cost of residential care center placements. The department is responsible for meeting the cost of a placement of a child 18 years of age or over in a residential care center for children and youth under a voluntary agreement under sub.
(3) or under an order that terminates as provided in s.
48.355 (4) (b) 4.,
48.357 (6) (a) 4., or
48.365 (5) (b) 4. The department shall meet that cost from the appropriations under s.
20.437 (1) (dd) and
(pd).
48.366(4)
(4)
Rules. The department shall promulgate rules to implement this section. Those rules shall include all of the following:
48.366(4)(a)
(a) Rules permitting a foster home, group home, or residential care center for children and youth to provide care for persons who agree to continue in out-of-home care under an extension of an order described in sub.
(1) (a) or a voluntary agreement under sub.
(3).
48.366(4)(b)
(b) Rules setting forth the conditions under which a person who has terminated a voluntary agreement under sub.
(3) and the agency primarily responsible for providing services under the agreement may enter into a new voluntary agreement under sub.
(3) (c).
48.366 Annotation
As I See It: Aging Out: Crossing into Adulthood Without a Net. Kilander. Wis. Law. Sept. 2014.
48.368
48.368
Continuation of dispositional orders. 48.368(1)(1)
If a petition for termination of parental rights is filed under s.
48.41 or
48.415 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under s.
48.355, an extension order under s.
48.365, a voluntary agreement for placement of the child under s.
48.63, or a guardianship order under s.
48.977 or
48.9795, ch.
54, 2017 stats., or ch.
880, 2003 stats., is in effect, the dispositional or extension order, voluntary agreement, or guardianship order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.
48.368(2)
(2) If a child's placement with a guardian appointed under s.
48.977 (2) is designated by the court under s.
48.977 (3) as a permanent foster placement for the child while a dispositional order under s.
48.345, a revision order under s.
48.363 or an extension order under s.
48.365 is in effect with respect to the child, such dispositional order, revision order or extension order shall remain in effect until the earliest of the following:
48.368(2)(c)
(c) A court order terminates such dispositional order, revision order or extension order.
48.37
48.37
Costs and fees. 48.37(1)(1)
A court assigned to exercise jurisdiction under this chapter and ch.
938 may not impose costs, fees, or surcharges under ch.
814 against a child under 14 years of age but may impose costs, fees, and surcharges under ch.
814 against a child 14 years of age or older.
48.37(2)
(2) Notwithstanding sub.
(1), no costs, fees, or surcharges may be imposed under ch.
814 against any child in a circuit court exercising jurisdiction under s.
48.16.
48.371
48.371
Access to certain information by substitute care provider. 48.371(1)(1)
If a child is placed in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent, including a placement under s.
48.205 or
48.21, the agency, as defined in s.
48.38 (1) (a), that placed the child or arranged for the placement of the child shall provide the following information to the foster parent, relative, or operator of the group home or residential care center for children and youth at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:
48.371(1)(a)
(a) Results of an HIV test, as defined in s.
252.01 (2m), of the child, as provided under s.
252.15 (3m) (d) 15., including results included in a court report or permanency plan. At the time that the HIV test results are provided, the agency shall notify the foster parent, relative, or operator of the group home or residential care center for children and youth of the confidentiality requirements under s.
252.15 (6).
48.371(1)(b)
(b) Results of any tests of the child to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan.
48.371(1)(c)
(c) Any other medical information concerning the child that is necessary for the care of the child.
48.371(3)
(3) At the time of placement of a child in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s.
48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, relative, or operator of the group home or residential care center for children and youth information contained in the court report submitted under s.
48.33 (1),
48.365 (2g),
48.425 (1),
48.831 (2), or
48.837 (4) (c) or permanency plan submitted under s.
48.355 (2e),
48.38,
48.43 (1) (c) or
(5) (c),
48.63 (4) or
(5) (c), or
48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:
48.371(3)(a)
(a) Any mental, emotional, cognitive, developmental, or behavioral disability of the child.
48.371(3)(b)
(b) Any involvement of the child in any criminal gang, as defined in s.
939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group.
48.371(3)(c)
(c) Any involvement of the child in any activities that are harmful to the child's physical, mental, or moral well-being.
