48.831 (1r) Notice. When a petition is filed under sub. (1m), the court shall provide notice of the fact-finding hearing under sub. (3) to all interested parties as provided in s. 48.27 (6). If the court knows or has reason to know that the child is an Indian child, the court shall provide notice to the Indian child's Indian custodian, if any, and tribe, if known, in the manner specified in s. 48.028 (4) (a). No hearing may be held under sub. (3) until at least 10 days after receipt of the notice by the Indian child's Indian custodian and tribe or, if the identity or location of the Indian child's Indian custodian or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child's Indian custodian or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.
94,208
Section
208. 48.831 (2) of the statutes is amended to read:
48.831 (2) Report. If the department, county department, or child welfare agency files a petition, it shall submit the court shall order the department, county department, or child welfare agency to file a report to
with the court containing as much of the information specified under s. 48.425 (1) (a) and (am) as is reasonably ascertainable and, if applicable, the information specified under s. 48.425 (1) (g). If the petition is filed by a relative or other person specified under sub. (1m) (d), the court shall order the department or a child welfare agency, if the department or agency consents, or a county department to file a report containing the information specified in this subsection. If the child is an Indian child, the court may order the department, county department, or child welfare agency, or request the tribal child welfare department of the Indian child's tribe, if that department consents, to file a report containing the information specified in this subsection. The department, county department or, child welfare agency, or tribal child welfare department, if that department consents, shall file the report at least 5 days before the date of the fact-finding hearing on the petition.
94,209
Section
209. 48.831 (4) (cm) of the statutes is created to read:
48.831 (4) (cm) If the child is an Indian child who is in the custody of an Indian custodian, the court may not remove the child from the custody of the Indian custodian under par. (c) unless the court finds by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that continued custody of the Indian child by the Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1. and the court finds 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. In placing an Indian child following a transfer of guardianship and custody under par. (b) or (c), the custodian appointed under par. (b) or (c) shall comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless there is good cause, as described in s. 48.028 (7) (e), for departing from that order.
94,210
Section
210. 48.833 (3) of the statutes is created to read:
48.833 (3) Indian child; placement preferences. In placing an Indian child for adoption under sub. (1) or (2), the department, county department, or child welfare agency shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
94,211
Section
211. 48.837 (1r) (a) of the statutes is amended to read:
48.837 (1r) (a) At the request of a parent having custody of a child and the proposed adoptive parent or parents of the child, the department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place the child in the home of the proposed adoptive parent or parents prior to the filing of a petition under sub. (2) as provided in par. (b) or (c), whichever is applicable, and par. (d). In placing an Indian child for adoption under this paragraph, the department, county department, or child welfare agency shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
94,212
Section
212. 48.837 (2) (e) of the statutes is created to read:
48.837 (2) (e) If the child is an Indian child, the names and addresses of the Indian child's Indian custodian, if any, and tribe, if known.
94,213
Section
213. 48.837 (4) (c) of the statutes is amended to read:
48.837 (4) (c) Shall, when the petition has been filed under sub. (1), order the department or a county department under s. 48.57 (1) (e) or (hm) to investigate the proposed adoptive placement, to interview each petitioner, to provide counseling if requested, and to report its recommendation to the court at least 5 days before the hearing on the petition. If a licensed child welfare agency or, in the case of an Indian child, the tribal child welfare department of the Indian child's tribe has investigated the proposed adoptive placement and interviewed the petitioners, the court may accept a report and recommendation from the child welfare agency or tribal child welfare department in place of the court-ordered report required under this paragraph. In reporting its recommendations under this paragraph with respect to an Indian child, the department, a county department, or a child welfare agency shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
94,214
Section
214. 48.837 (4) (d) of the statutes is amended to read:
48.837 (4) (d) May, in the case of a child who has not been placed under sub. (1r), order the department or a county department under s. 48.57 (1) (e) or (hm), at the request of a petitioning parent or on its own motion after ordering the child taken into custody under s. 48.19 (1) (c), to place the child, pending the hearing on the petition, in any home in this state that is licensed under s. 48.62 or in any home outside this state if the conditions under sub. (1r) (c) are met. In placing an Indian child for adoption under this paragraph, the department or county department shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
94,215
Section
215. 48.837 (6) (c) of the statutes is amended to read:
48.837 (6) (c) After the hearing on the petition under sub. (2), the court shall make findings on the allegations of the petition and the report ordered under sub. (4) (c) and make a conclusion as to whether placement in the home is in the best interest of the child. In determining whether placement of an Indian child in the home is in the best interest of the Indian child, the court shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
94,216
Section
216. 48.85 (1) of the statutes is amended to read:
48.85 (1) At least 10 days prior to the hearing, the guardian shall file its recommendation with the court. In making a recommendation under this subsection with respect to an Indian child, the guardian shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c).
94,217
Section
217. 48.88 (2) (a) (intro.) of the statutes is amended to read:
48.88 (2) (a) (intro.) Except as provided under par. pars. (ag) and (c), when a petition to adopt a child is filed, the court shall order an investigation to determine whether the child is a proper subject for adoption and whether the petitioner's home is suitable for the child. The court shall order one of the following to conduct the investigation:
94,218
Section
218. 48.88 (2) (ag) of the statutes is created to read:
48.88 (2) (ag) If the child is an Indian child, the court may request the tribal child welfare department of the Indian child's tribe to conduct the investigation. If the tribal child welfare department agrees to conduct the investigation, that investigation may be accepted in lieu of the investigation under par. (a).
94,219
Section
219. 48.88 (2) (b) of the statutes is amended to read:
48.88 (2) (b) The agency or tribal child welfare department making the investigation shall file its report with the court at least 10 days before the hearing unless the time is reduced for good cause shown by the petitioner. In reporting on an investigation of the proposed adoptive home of an Indian child, the agency shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order. The report shall be part of the record of the proceedings.
94,220
Section
220. 48.89 (1) of the statutes is amended to read:
48.89 (1) The recommendation of the department is required for the adoption of a child if the child is not under the guardianship of a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5). In making a recommendation under this subsection with respect to an Indian child, the department shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
94,221
Section
221. 48.91 (3) of the statutes is amended to read:
48.91 (3) If after the hearing and a study of the report required by s. 48.88 and the recommendation required by s. 48.841 or 48.89, the court is satisfied that the necessary consents or recommendations have been filed and that the adoption is in the best interests of the child, the court shall make an order granting the adoption. In determining whether the adoption is in the best interests of an Indian child, the court shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. The order may change the name of the minor to that requested by petitioners.
94,222
Section
222. 48.93 (1d) of the statutes is amended to read:
48.93 (1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g) or
, (1r), or (1v), s. 48.432, 48.433, 48.434, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the court for good cause shown.
94,223
Section
223. 48.93 (1v) of the statutes is created to read:
48.93 (1v) (a) At the time a court enters an order granting adoption of an Indian child, the court shall provide the U.S. secretary of the interior with the information specified in s. 48.028 (9) (a) and (b).
(b) At the request of an Indian adoptee who is 18 years of age or older, the court that entered the order granting adoption of the adoptee shall provide or arrange to provide the adoptee with the information specified in s. 48.028 (9) (c).
94,224
Section
224. 48.977 (4) (a) 1. of the statutes is amended to read:
48.977 (4) (a) 1. The child or the child's guardian
or, legal custodian, or Indian custodian.
94,225
Section
225. 48.977 (4) (b) 6. of the statutes is amended to read:
48.977 (4) (b) 6. A statement of whether the child may be subject to the federal Indian child welfare act Child Welfare Act, 25 USC 1911 1901 to 1963, and, if the child may be subject to that act, the names and addresses of the child's Indian custodian, if any, and Indian tribe, if known.
94,226
Section
226. 48.977 (4) (c) 1. j. of the statutes is created to read:
48.977 (4) (c) 1. j. If the child is an Indian child, the Indian child's Indian custodian, if any, and tribe, if known.
94,227
Section
227. 48.977 (4) (c) 2. of the statutes is amended to read:
48.977 (4) (c) 2. Service Except as provided in subd. 2m., service shall be made by 1st class mail at least 7 days before the hearing or by personal service at least 7 days before the hearing or, if with reasonable diligence a party specified in subd. 1. cannot be served by mail or personal service, service shall be made by publication of a notice published as a class 1 notice under ch. 985. In determining which newspaper is likely to give notice as required under s. 985.02 (1), the petitioner shall consider the residence of the party, if known, or the residence of the relatives of the party, if known, or the last-known location of the party.
94,228
Section
228. 48.977 (4) (c) 2m. of the statutes is created to read:
48.977 (4) (c) 2m. If the petitioner knows or has reason to know that the child is an Indian child, service under subd. 2. to the Indian child's parent, Indian custodian, and tribe shall be provided in the manner specified in s. 48.028 (4) (a). No hearing may be held under par. (cm) until at least 10 days after receipt of service by the Indian child's parent, Indian custodian, and tribe or, if the identity or location of the Indian child's parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of service by the U.S. secretary of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.
94,229
Section
229. 48.977 (4) (g) 4. of the statutes is created to read:
48.977 (4) (g) 4. If the child is an Indian child, the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
94,230
Section
230. 48.978 (2) (b) 11. of the statutes is amended to read:
48.978 (2) (b) 11. A statement of whether the child may be subject to the federal Indian Child Welfare Act, 25 USC 1911 1901 to 1963, and, if the child may be subject to that act, the names and addresses of the child's Indian custodian, if any, and Indian tribe, if known.
94,231
Section
231. 48.981 (1) (cs) of the statutes is renumbered 48.02 (8g) and amended to read:
48.02 (8g) "Indian child" means any unmarried person who is under the age of 18 years and is affiliated with an Indian tribe or band in any of the following ways:
(a) As a member of the Indian tribe or band.
(b) As a person who is both eligible for membership in the an Indian tribe or band and is the biological child of a member of the an Indian tribe
or band.
94,232
Section
232. 48.981 (1) (ct) of the statutes is amended to read:
48.981 (1) (ct) "Indian unborn child" means an unborn child who, when born, may be eligible for affiliation with an Indian tribe or band in any of the following ways:
1. As a member of the Indian tribe or band.
2. As a person who is both eligible for membership in the an Indian tribe or band and the biological child of a member of the an Indian tribe
or band.
94,233
Section
233. 48.981 (1) (i) of the statutes is amended to read:
48.981
(1) (i) "Tribal agent" means the person designated under
25 CFR 23.12 by an Indian tribe
or band to receive notice of involuntary child custody proceedings under the
Indian child welfare act federal Indian Child Welfare Act,
25 USC 1901 to
1963.
94,234
Section
234. 48.981 (3) (bm) (intro.) of the statutes is amended to read:
48.981 (3) (bm) Notice of report to Indian tribal agent. (intro.) In a county which that has wholly or partially within its boundaries a federally recognized Indian reservation or a bureau of Indian affairs service area for the Ho-Chunk tribe, if a county department which
that receives a report under par. (a) pertaining to a child or unborn child knows or has reason to know that the child is an Indian child who resides in the county or that the unborn child is an Indian unborn child whose expectant mother resides in the county, the county department shall provide notice, which shall consist only of the name and address of the Indian child or expectant mother and the fact that a report has been received about that Indian child or Indian unborn child, within 24 hours to one of the following:
94,235
Section
235. 48.981 (3) (bm) 1. of the statutes is amended to read:
48.981 (3) (bm) 1. If the county department knows with which Indian tribe or band the child is affiliated, or with which Indian tribe or band the Indian unborn child, when born, may be eligible for affiliation, and it
the Indian tribe is a Wisconsin tribe or band, the tribal agent of that tribe or band Indian tribe, the tribal agent of that tribe.
94,236
Section
236. 48.981 (3) (bm) 2. of the statutes is amended to read:
48.981 (3) (bm) 2. If the county department does not know with which Indian tribe or band the child is affiliated, or with which Indian tribe or band the Indian unborn child, when born, may be eligible for affiliation, or the child or expectant mother is not affiliated with a Wisconsin Indian tribe or band, the tribal agent serving the reservation or Ho-Chunk service area where the child or expectant mother resides.
94,237
Section
237. 48.981 (7) (a) 10m. of the statutes is amended to read:
48.981 (7) (a) 10m. A tribal court, or other adjudicative body authorized by a tribe or band an Indian tribe to perform child welfare functions, that exercises jurisdiction over children and unborn children alleged to be in need of protection or services for use in proceedings in which abuse or neglect of the child who is the subject of the report or record or abuse of the unborn child who is the subject of the report or record is an issue.
94,238
Section
238. 48.981 (7) (a) 10r. of the statutes is amended to read:
48.981 (7) (a) 10r. A tribal court, or other adjudicative body authorized by a tribe or band an Indian tribe to perform child welfare functions, that exercises jurisdiction over children alleged to be in need of protection or services for use in proceedings in which an issue is the substantial risk of abuse or neglect of a child who, during the time period covered by the report or record, was in the home of the child who is the subject of the report or record.
94,239
Section
239. 48.981 (7) (a) 11m. of the statutes is amended to read:
48.981 (7) (a) 11m. An attorney representing the interests of an Indian tribe or band in proceedings under subd. 10m. or 10r., of an Indian child in proceedings under subd. 10m. or 10r. or of an Indian unborn child in proceedings under subd. 10m.
94,240
Section
240. 48.983 (1) (d) of the statutes is repealed.
94,241
Section
241. 48.983 (1) (e) of the statutes is repealed.
94,242
Section
242. 806.245 (1m) of the statutes is created to read:
806.245 (1m) The public acts, records, and judicial proceedings of any Indian tribe that are applicable to an Indian child custody proceeding, as defined in s. 48.028 (2) (d), or an Indian juvenile child custody proceeding, as defined in s. 938.028 (2) (b), shall be given full faith and credit by the state as provided in s. 48.028 (3) (f) or 938.028 (3) (f).
94,243
Section
243. 938.01 (3) of the statutes is created to read:
938.01
(3) Indian juvenile welfare;
declaration of policy. In Indian juvenile custody proceedings, the best interests of the Indian juvenile shall be determined in accordance with the federal Indian Child Welfare Act,
25 USC 1901 to
1963, and the policy specified in this subsection. It is the policy of this state for courts and agencies responsible for juvenile welfare to do all of the following:
(a) Cooperate fully with Indian tribes in order to ensure that the federal Indian Child Welfare Act is enforced in this state.
(b) Protect the best interests of Indian juveniles and promote the stability and security of Indian tribes and families by doing all of the following:
1. Establishing minimum standards for the removal of Indian juveniles from their families and the placement of those juveniles in out-of-home care placements that will reflect the unique value of Indian culture.
2. Using practices, in accordance with the federal Indian Child Welfare Act,
25 USC 1901 to
1963, this section, and other applicable law, that are designed to prevent the voluntary or involuntary out-of-home care placement of Indian juveniles and, when an out-of-home care placement is necessary, placing an Indian juvenile in a placement that reflects the unique values of the Indian juvenile's tribal culture and that is best able to assist the Indian juvenile in establishing, developing, and maintaining a political, cultural, and social relationship with the Indian juvenile's tribe and tribal community.
94,244
Section
244. 938.02 (8d) of the statutes is created to read:
938.02
(8d) "Indian" means any person who is a member of an Indian tribe or who is an Alaska native and a member of a regional corporation, as defined in
43 USC 1606.
94,245
Section
245. 938.02 (8g) of the statutes is created to read:
938.02 (8g) "Indian juvenile" means an unmarried person who is under 18 years of age and who is affiliated with an Indian tribe in any of the following ways:
(a) As a member of the Indian tribe.
(b) As a person who is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.
94,246
Section
246. 938.02 (8m) of the statutes is created to read:
938.02 (8m) "Indian juvenile's tribe" means one of the following:
(a) The Indian tribe in which an Indian juvenile is a member or eligible for membership.
