SB288, s. 15 18Section 15. 48.14 (12) of the statutes is created to read:
SB288,34,2419 48.14 (12) Proceedings under s. 48.028 (8) for the return of custody of an Indian
20child to his or her former parent, as defined in s. 48.028 (2) (c), or former Indian
21custodian, as defined in s. 48.028 (2) (b), following a vacation or setting aside of an
22order granting adoption of the Indian child or following an order voluntarily
23terminating parental rights to an Indian child of all adoptive parents of the Indian
24child.
SB288, s. 16 25Section 16. 48.15 of the statutes is amended to read:
SB288,35,11
148.15 Jurisdiction of other courts to determine legal custody. Nothing
2contained in ss. 48.13, 48.133 and 48.14
Except as provided in s. 48.028 (3), nothing
3in this chapter
deprives other courts another court of the right to determine the legal
4custody of children a child by habeas corpus or to determine the legal custody or
5guardianship of children a child if the legal custody or guardianship is incidental to
6the determination of causes an action pending in the other courts. But that court.
7Except as provided in s. 48.028 (3),
the jurisdiction of the court assigned to exercise
8jurisdiction under this chapter and ch. 938 is paramount in all cases involving
9children alleged to come within the provisions of ss. 48.13 and 48.14 and unborn
10children and their expectant mothers alleged to come within the provisions of ss.
1148.133 and 48.14 (5).
SB288, s. 17 12Section 17. 48.19 (2) of the statutes is amended to read:
SB288,35,2313 48.19 (2) When a child is taken into physical custody as provided in under this
14section, the person taking the child into custody shall immediately attempt to notify
15the parent, guardian and, legal custodian , and Indian custodian of the child by the
16most practical means. The person taking the child into custody shall continue such
17attempt until the parent, guardian and, legal custodian, and Indian custodian of the
18child are notified, or the child is delivered to an intake worker under s. 48.20 (3),
19whichever occurs first. If the child is delivered to the intake worker before the
20parent, guardian and, legal custodian , and Indian custodian are notified, the intake
21worker, or another person at his or her direction, shall continue the attempt to notify
22until the parent, guardian and, legal custodian, and Indian custodian of the child are
23notified.
SB288, s. 18 24Section 18. 48.195 (2) (d) 7. of the statutes is amended to read:
SB288,36,5
148.195 (2) (d) 7. A tribal court, or other adjudicative body authorized by an
2American Indian tribe or band to perform child welfare functions, that is exercising
3jurisdiction over proceedings relating to the child, an attorney representing the
4interests of the American Indian tribe or band in those proceedings, or an attorney
5representing the interests of the child in those proceedings.
SB288, s. 19 6Section 19. 48.20 (2) (ag) of the statutes is amended to read:
SB288,36,97 48.20 (2) (ag) Except as provided in pars. (b) to (d), a person taking a child into
8custody shall make every effort to release the child immediately to the child's parent,
9guardian or, legal custodian, or Indian custodian.
SB288, s. 20 10Section 20. 48.20 (2) (b) of the statutes is amended to read:
SB288,36,1411 48.20 (2) (b) If the child's parent, guardian or, legal custodian, or Indian
12custodian
is unavailable, unwilling, or unable to provide supervision for the child,
13the person who took the child into custody may release the child to a responsible
14adult after counseling or warning the child as may be appropriate.
SB288, s. 21 15Section 21. 48.20 (3) of the statutes is amended to read:
SB288,37,216 48.20 (3) If the child is released under sub. (2) (b) to (d), the person who took
17the child into custody shall immediately notify the child's parent, guardian and, legal
18custodian, and Indian custodian of the time and circumstances of the release and the
19person, if any, to whom the child was released. If the child is not released under sub.
20(2), the person who took the child into custody shall arrange in a manner determined
21by the court and law enforcement agencies for the child to be interviewed by the
22intake worker under s. 48.067 (2), and. The person who took the child into custody
23shall make a statement in writing with supporting facts of the reasons why the child
24was taken into physical custody and shall give any child 12 years of age or older a
25copy of the statement in addition to giving a copy to the intake worker. When and

1to any child 12 years of age or older. If
the intake interview is not done in person, the
2report may be read to the intake worker.
SB288, s. 22 3Section 22. 48.20 (7) (c) (intro.) of the statutes is amended to read:
SB288,37,44 48.20 (7) (c) (intro.) The intake worker may release the child as follows:
SB288, s. 23 5Section 23. 48.20 (7) (c) 1. of the statutes is amended to read:
SB288,37,126 48.20 (7) (c) 1. To a parent, guardian or , legal custodian, or Indian custodian,
7or, to a responsible adult if the parent, guardian or, legal custodian , or Indian
8custodian
is unavailable, unwilling, or unable to provide supervision for the child,
9release the child to a responsible adult, counseling or warning the child as may be
10appropriate,; or, if a the child is 15 years of age or older, release the child without
11immediate adult supervision, counseling or warning the child as may be appropriate;
12or
.
SB288, s. 24 13Section 24. 48.20 (7) (d) of the statutes is amended to read:
SB288,37,1714 48.20 (7) (d) If the child is released from custody, the intake worker shall
15immediately notify the child's parent, guardian and, legal custodian, and Indian
16custodian
of the time and circumstances of the release and the person, if any, to whom
17the child was released.
SB288, s. 25 18Section 25. 48.20 (8) of the statutes is renumbered 48.20 (8) (a) and amended
19to read:
SB288,38,1020 48.20 (8) (a) If a child is held in custody, the intake worker shall notify the
21child's parent, guardian and, legal custodian, and Indian custodian of the reasons for
22holding the child in custody and of the child's whereabouts unless there is reason to
23believe that notice would present imminent danger to the child. The parent,
24guardian and, legal custodian, and Indian custodian shall also be notified of the time
25and place of the detention hearing required under s. 48.21, the nature and possible

1consequences of that hearing, and the right to present and cross-examine witnesses
2at the hearing, and, in the case of a parent or Indian custodian of an Indian child who
3is the subject of an Indian child custody proceeding, as defined in s. 48.028 (2) (d) 2.,
4the right to counsel under s. 48.028 (4) (b)
. If the parent, guardian or, legal custodian,
5or Indian custodian
is not immediately available, the intake worker or another
6person designated by the court shall provide notice as soon as possible. When the
7child is 12 years of age or older, the child shall receive the same notice about the
8detention hearing as the parent, guardian or, legal custodian, or Indian custodian.
9The intake worker shall notify both the child and the child's parent, guardian or,
10legal custodian. When, or Indian custodian.
SB288,38,18 11(b) If the child is an expectant mother who has been taken into custody under
12s. 48.19 (1) (cm) or (d) 8., the unborn child, through the unborn child's guardian ad
13litem, shall receive the same notice about the whereabouts of the child expectant
14mother, about the reasons for holding the child expectant mother in custody and
15about the detention hearing as the child expectant mother and her parent, guardian
16or, legal custodian, or Indian custodian. The intake worker shall notify the child
17expectant mother, her parent, guardian or, legal custodian, or Indian custodian and
18the unborn child, by the unborn child's guardian ad litem.
SB288, s. 26 19Section 26. 48.207 (1g) of the statutes is created to read:
SB288,39,220 48.207 (1g) An Indian child held in physical custody under s. 48.205 (1) shall
21be placed in compliance with s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless
22the person responsible for determining the placement finds good cause, as described
23in s. 48.028 (7) (e), for departing from the order of placement preference under s.
2448.028 (7) (b) or finds that emergency conditions necessitate departing from that
25order. When the reason for departing from that order is resolved, the Indian child

1shall be placed in compliance with the order of placement preference under s. 48.028
2(7) (b) or, if applicable, s. 48.028 (7) (c).
SB288, s. 27 3Section 27. 48.21 (3) (am) of the statutes is amended to read:
SB288,39,74 48.21 (3) (am) The parent, guardian, or legal custodian, or Indian custodian
5may waive his or her right to participate in the hearing under this section. After any
6waiver, a rehearing shall be granted at the request of the parent, guardian, legal
7custodian, Indian custodian, or any other interested party for good cause shown.
SB288, s. 28 8Section 28. 48.21 (3) (b) of the statutes is amended to read:
SB288,39,199 48.21 (3) (b) If present at the hearing, a copy of the petition or request shall be
10given to the parent, guardian or, legal custodian, or Indian custodian, and to the child
11if he or she is 12 years of age or older, before the hearing begins. If the child is an
12expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8.,
13a copy of the petition shall also be given to the unborn child, through the unborn
14child's guardian ad litem, before the hearing begins. Prior notice of the hearing shall
15be given to the child's parent, guardian and, legal custodian, and Indian custodian,
16to the child if he or she is 12 years of age or older and, if the child is an expectant
17mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., to the unborn
18child, through the unborn child's guardian ad litem, in accordance with under s.
1948.20 (8).
SB288, s. 29 20Section 29. 48.21 (3) (d) of the statutes is amended to read:
SB288,40,321 48.21 (3) (d) Prior to the commencement of the hearing, the court shall inform
22the parent, guardian or, legal custodian shall be informed by the court, or Indian
23custodian
of the allegations that have been made or may be made, the nature and
24possible consequences of this hearing as compared to possible future hearings, the
25right to present, confront, and cross-examine witnesses and the right to present

1witnesses, and, in the case of a parent or Indian custodian of an Indian child who is
2the subject of an Indian child custody proceeding under s. 48.028 (2) (d) 2., the right
3to counsel under s. 48.028 (4) (b)
.
SB288, s. 30 4Section 30. 48.21 (3) (e) of the statutes is amended to read:
SB288,40,125 48.21 (3) (e) If the parent, guardian or , legal custodian, Indian custodian, or the
6child is not represented by counsel at the hearing and the child is continued in
7custody as a result of the hearing, the parent, guardian, legal custodian, Indian
8custodian,
or child may request through counsel subsequently appointed or retained
9or through a guardian ad litem that the order to hold the child in custody be reheard.
10If the request is made, a rehearing shall take place as soon as possible. Any An order
11to hold the child in custody shall be subject to rehearing reheard for good cause,
12whether or not counsel was present.
SB288, s. 31 13Section 31. 48.21 (5) (d) 1. of the statutes is renumbered 48.21 (5) (d) and
14amended to read:
SB288,40,2115 48.21 (5) (d) If the judge or circuit court commissioner finds that any of the
16circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
17the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m)
18within 30 days after the date of that finding to determine the permanency plan for
19the child. If a hearing is held under this subdivision, the agency responsible for
20preparing the permanency plan shall file the permanency plan with the court not less
21than 5 days before the date of the hearing.
SB288, s. 32 22Section 32. 48.21 (5) (d) 2. of the statutes, as affected by 2009 Wisconsin Act
2328
, is repealed.
SB288, s. 33 24Section 33. 48.21 (5) (d) 3. of the statutes, as affected by 2009 Wisconsin Act
2528
, is repealed.
SB288, s. 34
1Section 34. 48.23 (2) of the statutes is amended to read:
SB288,41,102 48.23 (2) Whenever a child is the subject of a proceeding involving a contested
3adoption or the involuntary termination of parental rights, any parent under 18
4years of age who appears before the court shall be represented by counsel; but no such
5parent may waive counsel. A Except as provided in sub. (2g), a minor parent
6petitioning for the voluntary termination of parental rights shall be represented by
7a guardian ad litem. If a proceeding involves a contested adoption or the involuntary
8termination of parental rights, any parent 18 years old or older who appears before
9the court shall be represented by counsel; but the parent may waive counsel provided
10the court is satisfied such waiver is knowingly and voluntarily made.
SB288, s. 35 11Section 35. 48.23 (2g) of the statutes is created to read:
SB288,41,1712 48.23 (2g) Right of Indian child's parent or Indian custodian to counsel.
13Whenever an Indian child is the subject of a proceeding involving the removal of the
14Indian child from the home of his or her parent or Indian custodian, placement of the
15Indian child in an out-of-home care placement, or termination of parental rights to
16the Indian child, the Indian child's parent or Indian custodian shall have the right
17to be represented by counsel as provided in subs. (2) and (4).
SB288, s. 36 18Section 36. 48.23 (3) of the statutes is amended to read:
SB288,41,2319 48.23 (3) Power of the court to appoint counsel. Except in proceedings under
20s. 48.13, at any time, upon request or on its own motion, the court may appoint
21counsel for the child or any party, unless the child or the party has or wishes to retain
22counsel of his or her own choosing. The Except as provided in sub. (2g), the court may
23not appoint counsel for any party other than the child in a proceeding under s. 48.13.
SB288, s. 37 24Section 37. 48.23 (4) of the statutes is amended to read:
SB288,42,22
148.23 (4) Providing counsel. In any situation under this section in which If
2a child has a right to be represented by counsel or is provided counsel at the discretion
3of the court under this section and counsel is not knowingly and voluntarily waived,
4the court shall refer the child to the state public defender and counsel shall be
5appointed by the state public defender under s. 977.08 without a determination of
6indigency. If the referral is of a child who has filed a petition under s. 48.375 (7), the
7state public defender shall appoint counsel within 24 hours after that referral. Any
8counsel appointed in a petition filed under s. 48.375 (7) shall continue to represent
9the child in any appeal brought under s. 809.105 unless the child requests
10substitution of counsel or extenuating circumstances make it impossible for counsel
11to continue to represent the child. In any situation under sub. (2) , (2g), or (2m) in
12which a parent 18 years of age or over or an adult expectant mother is entitled to
13representation by counsel; counsel is not knowingly and voluntarily waived; and it
14appears that the parent or adult expectant mother is unable to afford counsel in full,
15or the parent or adult expectant mother so indicates; the court shall refer the parent
16or adult expectant mother to the authority for indigency determinations specified
17under s. 977.07 (1). In any other situation under this section in which a person has
18a right to be represented by counsel or is provided counsel at the discretion of the
19court, competent and independent counsel shall be provided and reimbursed in any
20manner suitable to the court regardless of the person's ability to pay, except that the
21court may not order a person who files a petition under s. 813.122 or 813.125 to
22reimburse counsel for the child who is named as the respondent in that petition.
SB288, s. 38 23Section 38. 48.235 (4) (a) 7. of the statutes is amended to read:
SB288,42,2524 48.235 (4) (a) 7. Petition for relief from a judgment terminating parental rights
25under s. 48.028 or 48.46.
SB288, s. 39
1Section 39. 48.235 (4m) (a) 7. of the statutes is amended to read:
SB288,43,32 48.235 (4m) (a) 7. Petition for relief from a judgment terminating parental
3rights under s. 48.028 or 48.46 after the child is born.
SB288, s. 40 4Section 40. 48.255 (1) (cm) of the statutes is amended to read:
SB288,43,85 48.255 (1) (cm) Whether the child may be subject to the federal Indian child
6welfare act
Child Welfare Act, 25 USC 1911 1901 to 1963, and, if the child may be
7subject to that act, the names and addresses of the child's Indian custodian, if any,
8and Indian tribe, if known
.
SB288, s. 41 9Section 41. 48.255 (1) (g) of the statutes is created to read:
SB288,43,1910 48.255 (1) (g) If the petitioner knows or has reason to know that the child is an
11Indian child, and if the child has been removed from the home of his or her parent
12or Indian custodian, reliable and credible information showing that continued
13custody of the child by the child's parent or Indian custodian is likely to result in
14serious emotional or physical damage to the child under s. 48.028 (4) (d) 1. and
15reliable and credible information showing that active efforts under s. 48.028 (4) (d)
162. have been made to prevent the breakup of the Indian child's family and that those
17efforts have proved unsuccessful. The petition shall set forth with specificity both
18the information required under this paragraph and the information required under
19par. (f).
SB288, s. 42 20Section 42. 48.255 (1m) (d) of the statutes is amended to read:
SB288,43,2421 48.255 (1m) (d) Whether the unborn child, when born, may be subject to the
22federal Indian Child Welfare Act, 25 USC 1911 1901 to 1963, and, if the unborn child
23may be subject to that act, the name and address of the Indian tribe in which the
24unborn child may be eligible for affiliation when born, if known
.
SB288, s. 43 25Section 43. 48.255 (1m) (g) of the statutes is created to read:
SB288,44,10
148.255 (1m) (g) If the petitioner knows or has reason to know that the expectant
2mother is an Indian child, and if the child expectant mother has been removed from
3the home of her parent or Indian custodian, reliable and credible information
4showing that continued custody of the child expectant mother by her parent or
5Indian custodian is likely to result in serious emotional or physical damage to the
6child expectant mother under s. 48.028 (4) (d) 1. and reliable and credible
7information showing that active efforts under s. 48.028 (4) (d) 2. have been made to
8prevent the breakup of the Indian child's family and that those efforts have proved
9unsuccessful. The petition shall set forth with specificity both the information
10required under this paragraph and the information required under par. (f).
SB288, s. 44 11Section 44. 48.255 (2) of the statutes is amended to read:
SB288,44,1412 48.255 (2) If any of the facts required under sub. (1) (a) to (cm) and, (f), and (g)
13or (1m) (a) to (d) and, (f), and (g) are not known or cannot be ascertained by the
14petitioner, the petition shall so state.
SB288, s. 45 15Section 45. 48.255 (4) of the statutes is amended to read:
SB288,45,316 48.255 (4) A copy of a petition under sub. (1) shall be given to the child if the
17child is 12 years of age or over and to the parents, guardian, legal custodian and
18physical custodian. A copy of a petition under sub. (1m) shall be given to the child
19expectant mother, if 12 years of age or over, her parents, guardian, legal custodian
20and physical custodian and the unborn child by the unborn child's guardian ad litem
21or to the adult expectant mother, the unborn child through the unborn child's
22guardian ad litem and the physical custodian of the expectant mother, if any. A If
23the child is an Indian child who has been removed from the home of his or her parent
24or Indian custodian or the unborn child will be an Indian child when born, a
copy of
25a petition under sub. (1) or (1m) shall also be given to the tribe or band with which

1the child is affiliated or
Indian child's Indian custodian and tribe or the Indian tribe
2with which the unborn child may be eligible for affiliation when born , if the child is
3an Indian child or the unborn child may be an Indian child when born
.
SB288, s. 46 4Section 46. 48.27 (3) (a) 1. of the statutes is amended to read:
SB288,45,205 48.27 (3) (a) 1. If the petition that was filed relates to facts concerning a
6situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother
7who is a child, the court shall also notify, under s. 48.273, the child, any parent,
8guardian, and legal custodian of the child, any foster parent, treatment foster parent,
9or other physical custodian described in s. 48.62 (2) of the child, the unborn child by
10the unborn child's guardian ad litem, if applicable, and any person specified in par.
11(b), (d), or (e), if applicable, of all hearings involving the child except hearings on
12motions for which notice need only must be provided only to the child and his or her
13counsel. When If parents who are entitled to notice have the same place of residence,
14notice to one shall constitute constitutes notice to the other. The first notice to any
15interested party, foster parent, treatment foster parent, or other physical custodian
16described in s. 48.62 (2) shall be written in writing and may have a copy of the petition
17attached to it. Thereafter, notice of Notices of subsequent hearings may be given by
18telephone at least 72 hours before the time of the hearing. The person giving
19telephone notice shall place in the case file a signed statement of the time notice was
20given and the person to whom he or she spoke.
SB288, s. 47 21Section 47. 48.27 (3) (a) 1. of the statutes, as affected by 2009 Wisconsin Acts
2228
and .... (this act), is repealed and recreated to read:
SB288,46,1223 48.27 (3) (a) 1. If the petition that was filed relates to facts concerning a
24situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother
25who is a child, the court shall notify, under s. 48.273, the child, any parent, guardian,

1and legal custodian of the child, any foster parent or other physical custodian
2described in s. 48.62 (2) of the child, the unborn child by the unborn child's guardian
3ad litem, if applicable, and any person specified in par. (b), (d), or (e), if applicable,
4of all hearings involving the child except hearings on motions for which notice must
5be provided only to the child and his or her counsel. If parents who are entitled to
6notice have the same place of residence, notice to one constitutes notice to the other.
7The first notice to any interested party, foster parent, or other physical custodian
8described in s. 48.62 (2) shall be in writing and may have a copy of the petition
9attached to it. Notices of subsequent hearings may be given by telephone at least 72
10hours before the time of the hearing. The person giving telephone notice shall place
11in the case file a signed statement of the time notice was given and the person to
12whom he or she spoke.
SB288, s. 48 13Section 48. 48.27 (3) (d) of the statutes is amended to read:
SB288,46,2114 48.27 (3) (d) If the petition that was filed relates to facts concerning a situation
15under s. 48.13 or 48.133 involving an Indian child who has been removed from the
16home of his or her parent or Indian custodian or
a situation under s. 48.133
17concerning involving an unborn child who, when born, will be an Indian child, the
18court shall notify, under s. 48.273, the Indian child's Indian custodian and tribe or
19the Indian
tribe or band with which the unborn child will be affiliated may be eligible
20for affiliation
when born and that Indian custodian or tribe or band may, at the court's
21discretion,
intervene at any point in the proceeding before the unborn child is born.
SB288, s. 49 22Section 49. 48.27 (4) (a) 2. of the statutes is amended to read:
SB288,46,2423 48.27 (4) (a) 2. Advise the child and any party, if applicable, of his or her right
24to legal counsel regardless of ability to pay.
SB288, s. 50
1Section 50. 48.273 (1) of the statutes is renumbered 48.273 (1) (a) and
2amended to read:
SB288,47,53 48.273 (1) (a) Service Except as provided in pars. (ag), (ar), and (b), service of
4summons or notice required by s. 48.27 may be made by mailing a copy thereof of the
5summons or notice
to the persons person summoned or notified. If
SB288,47,13 6(ar) Except as provided in par. (b), if the persons fail person fails to appear at
7the hearing or otherwise to acknowledge service, a continuance shall be granted,
8except where the court determines otherwise because the child is in secure custody,

9and service shall be made personally by delivering to the persons person a copy of the
10summons or notice; except that if the court is satisfied determines that it is
11impracticable to serve the summons or notice personally, it the court may make an
12order providing for the service of the summons or notice by certified mail addressed
13to the last-known addresses address of the persons. person.
SB288,47,17 14(b) The court may refuse to grant a continuance when the child is being held
15in secure custody, but in such a case the court if the court so refuses, the court shall
16order that service of notice of the next hearing be made personally or by certified mail
17to the last-known address of the person who failed to appear at the hearing.
SB288,47,20 18(c) Personal service shall be made at least 72 hours before the time of the
19hearing. Mail shall be sent at least 7 days before the time of the hearing, except
20where as follows:
SB288,47,23 211. When the petition is filed under s. 48.13 and the person to be notified lives
22outside the state, in which case the mail shall be sent at least 14 days before the time
23of
the hearing.
SB288, s. 51 24Section 51. 48.273 (1) (ag) of the statutes is created to read:
SB288,48,3
148.273 (1) (ag) In a situation described in s. 48.27 (3) (d) involving an Indian
2child, service of summons or notice required by s. 48.27 to the Indian child's parent,
3Indian custodian, or tribe shall be made as provided in s. 48.028 (4) (a).
SB288, s. 52 4Section 52. 48.273 (1) (c) 2. of the statutes is created to read:
SB288,48,105 48.273 (1) (c) 2. When a petition under s. 48.13 or 48.133 involves an Indian
6child who has been removed from the home of his or her parent or Indian custodian
7and the person to be notified is the Indian child's parent, Indian custodian, or tribe,
8the mail shall be sent so that it is received by the person to be notified at least 10 days
9before the hearing or, if the identity or location of the person to be notified cannot be
10determined, by the U.S. secretary of the interior at least 10 days before the hearing.
SB288, s. 53 11Section 53. 48.299 (6) (d) of the statutes is amended to read:
SB288,48,2012 48.299 (6) (d) The court may stay the proceedings under this chapter pending
13the outcome of the paternity proceedings under subch. IX of ch. 767 if the court
14determines that the paternity proceedings will not unduly delay the proceedings
15under this chapter and the determination of paternity is necessary to the court's
16disposition of the child if the child is found to be in need of protection or services or
17if the court determines or has reason to know that the paternity proceedings may
18result in a finding that the child is an Indian child and in a petition by the child's
19parent, Indian custodian, or tribe for transfer of the proceeding to the jurisdiction of
20the tribe
.
SB288, s. 54 21Section 54. 48.299 (9) of the statutes is created to read:
SB288,49,622 48.299 (9) If at any point in the proceeding the court determines or has reason
23to know that the child is an Indian child, the court shall provide notice of the
24proceeding to the child's parent, Indian custodian, and tribe in the manner specified
25in s. 48.028 (4) (a). The next hearing in the proceeding may not be held until at least

110 days after receipt of the notice by the parent, Indian custodian, and tribe or, if the
2identity or location of the parent, Indian custodian, expectant mother, or tribe cannot
3be determined, until at least 10 days after receipt of the notice by the U.S. secretary
4of the interior. On request of the parent, Indian custodian, or tribe, the court shall
5grant a continuance of up to 20 additional days to enable the requester to prepare
6for that hearing.
SB288, s. 55 7Section 55. 48.30 (1) of the statutes is amended to read:
SB288,49,148 48.30 (1) Except as provided in this subsection s. 48.299 (9), the hearing to
9determine whether any party wishes to contest an allegation that the child or unborn
10child is in need of protection or services shall take place on a date which allows
11reasonable time for the parties to prepare but is within 30 days after the filing of a
12petition for a child or an expectant mother who is not being held in secure custody
13or within 10 days after the filing of a petition for a child who is being held in secure
14custody.
SB288, s. 56 15Section 56. 48.30 (2) of the statutes is amended to read:
SB288,49,2516 48.30 (2) At the commencement of the hearing under this section the child and
17the parent, guardian or, legal custodian, or Indian custodian; the child expectant
18mother, her parent, guardian or, legal custodian, or Indian custodian, and the unborn
19child through the unborn child's guardian ad litem; or the adult expectant mother
20and the unborn child through the unborn child's guardian ad litem,; shall be advised
21of their rights as specified in s. 48.243 and shall be informed that a request for a jury
22trial or for a substitution of judge under s. 48.29 must be made before the end of the
23plea hearing or be is waived. Nonpetitioning parties, including the child, shall be
24granted a continuance of the plea hearing if they wish to consult with an attorney
25on the request for a jury trial or substitution of a judge.
SB288, s. 57
1Section 57. 48.30 (6) (a) of the statutes is amended to read:
SB288,50,72 48.30 (6) (a) If a petition is not contested, the court, subject to s. 48.299 (9), shall
3set a date for the dispositional hearing which allows reasonable time for the parties
4to prepare but is no more than 10 days after the plea hearing for a child who is held
5in secure custody and no more than 30 days after the plea hearing for a child or an
6expectant mother who is not held in secure custody. If Subject to s. 48.299 (9), if all
7parties consent, the court may proceed immediately with the dispositional hearing.
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