SB288, s. 182 11Section 182. 48.63 (5) (c) of the statutes is amended to read:
SB288,104,1712 48.63 (5) (c) A permanency plan under s. 48.38 is required for each child placed
13in a group home under par. (b) and for any child of that child who is residing with that
14child. The agency that placed the child or that arranged the placement of the child
15shall prepare the plan within 60 days after the date on which the child was removed
16from his or her home under the voluntary agreement and shall provide a copy of the
17plan to the child and the child's parent or, guardian, or Indian custodian.
SB288, s. 183 18Section 183. 48.63 (5) (d) 3. of the statutes is amended to read:
SB288,105,819 48.63 (5) (d) 3. If the agency that has placed a child under par. (b) or that has
20arranged the placement of the child wishes to extend the placement of the child, the
21agency shall prepare a revised permanency plan for that child and for any child of
22that child who is residing with that child and submit the revised permanency plan
23or plans, together with a request for a review of the revised permanency plan or plans
24and the child's placement, to the independent reviewing agency before the expiration
25of the child's placement. The request shall include a statement that an extension of

1the child's placement would be in the best interests of the child, together with reliable
2and credible information in support of that statement, a statement that the child and
3the parent or, guardian, or Indian custodian of the child consent to the extension of
4the child's placement, and a request that the independent reviewing agency approve
5an extension of the child's placement. On receipt of a revised permanency plan or
6plans and a request for review, the independent reviewing agency shall set a time and
7place for the review and shall advise the agency that placed the child or that arranged
8the placement of the child of the time and place of the review.
SB288, s. 184 9Section 184. 48.63 (5) (d) 4. of the statutes is amended to read:
SB288,105,1910 48.63 (5) (d) 4. Not less than 10 days before the review, the agency that placed
11the child or that arranged the placement of the child shall provide a copy of the
12revised permanency plan or plans and the request for review submitted under subd.
133. and notice of the time and place of the review to the child, the parent, guardian,
14Indian custodian, and legal custodian of the child, and the operator of the group home
15in which the child is placed, together with notice of the issues to be determined as
16part of the permanency plan review and notice of the fact that those persons may
17have the opportunity to be heard at the review by submitting written comments to
18that agency or the independent reviewing agency before the review or by
19participating at the review.
SB288, s. 185 20Section 185. 48.63 (5) (d) 5. of the statutes is amended to read:
SB288,106,1921 48.63 (5) (d) 5. At the review, any person specified in subd. 4. may present
22information relevant to the issue of extension and information relevant to the
23determinations specified in s. 48.38 (5) (c). After receiving that information, the
24independent reviewing agency shall make the determinations specified in s. 48.38
25(5) (c) and determine whether an extension of the child's placement is in the best

1interests of the child and whether the child and the parent or, guardian, or Indian
2custodian
of the child consent to the extension. If the independent reviewing agency
3determines that the extension is in the best interests of the child and that the child
4and the parent or, guardian, or Indian custodian of the child consent to the extension,
5the independent reviewing agency shall approve, in writing, an extension of the
6placement for a specified period of time not to exceed 6 months, stating the reason
7for the approval, and the agency that placed the child or that arranged the placement
8of the child may extend the child's placement for the period of time approved. If the
9independent reviewing agency determines that the extension is not in the best
10interests of the child or that the child and the parent or , guardian, or Indian
11custodian
of the child do not consent to the extension, the independent reviewing
12agency shall, in writing, disapprove an extension of the placement, stating the
13reason for the disapproval, and the agency that placed the child or that arranged the
14placement of the child may not extend the placement of the child past the expiration
15date of the voluntary placement unless the agency obtains a court order placing the
16child in the group home after the expiration date of the voluntary placement.
17Notwithstanding the approval of an extension under this subdivision, the child or the
18parent or, guardian, or Indian custodian of the child may terminate the placement
19at any time during the extension period.
SB288, s. 186 20Section 186. 48.63 (5) (d) 6. of the statutes is amended to read:
SB288,107,221 48.63 (5) (d) 6. Within 30 days after the review, the agency that prepared the
22revised permanency plan or plans shall prepare a written summary of the
23determinations specified in s. 48.38 (5) (c) that were made under subd. 5. and shall
24provide a copy of that summary to the independent reviewing agency, the child, the

1parent, guardian, Indian custodian, and legal custodian of the child, and the operator
2of the group home in which the child was placed.
SB288, s. 187 3Section 187. 48.645 (1) (a) of the statutes is amended to read:
SB288,107,144 48.645 (1) (a) The child is living in a foster home or treatment foster home
5licensed under s. 48.62 if a license is required under that section, in a foster home
6or treatment foster home located within the boundaries of a federally recognized
7American Indian
reservation in this state and licensed by the tribal governing body
8of the reservation, in a group home licensed under s. 48.625, in a subsidized
9guardianship home under s. 48.62 (5), or in a residential care center for children and
10youth licensed under s. 48.60, and has been placed in the foster home, treatment
11foster home, group home, subsidized guardianship home, or center by a county
12department under s. 46.215, 46.22, or 46.23, by the department, or by a federally
13recognized American Indian tribal
governing body of an Indian tribe in this state
14under an agreement with a county department under s. 46.215, 46.22, or 46.23.
SB288, s. 188 15Section 188. 48.645 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts
1628
and .... (this act), is repealed and recreated to read:
SB288,107,2517 48.645 (1) (a) The child is living in a foster home licensed under s. 48.62 if a
18license is required under that section, in a foster home located within the boundaries
19of a reservation in this state and licensed by the tribal governing body of the
20reservation, in a group home licensed under s. 48.625, in a subsidized guardianship
21home under s. 48.62 (5), or in a residential care center for children and youth licensed
22under s. 48.60, and has been placed in the foster home, group home, subsidized
23guardianship home, or center by a county department under s. 46.215, 46.22, or
2446.23, by the department, or by a governing body of an Indian tribe in this state under
25an agreement with a county department under s. 46.215, 46.22, or 46.23.
SB288, s. 189
1Section 189. 48.645 (2) (a) 1. of the statutes is amended to read:
SB288,108,162 48.645 (2) (a) 1. A nonrelative who cares for the dependent child in a foster
3home or treatment foster home having a license under s. 48.62, in a foster home or
4treatment foster home located within the boundaries of a federally recognized
5American Indian
reservation in this state and licensed by the tribal governing body
6of the reservation or in a group home licensed under s. 48.625, a subsidized guardian
7or interim caretaker under s. 48.62 (5) who cares for the dependent child, or a minor
8custodial parent who cares for the dependent child, regardless of the cause or
9prospective period of dependency. The state shall reimburse counties pursuant to the
10procedure under s. 48.569 (2) and the percentage rate of participation set forth in s.
1148.569 (1) (d) for aid granted under this section except that if the child does not have
12legal settlement in the granting county, state reimbursement shall be at 100%. The
13county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48
14(17) shall determine the legal settlement of the child. A child under one year of age
15shall be eligible for aid under this subsection irrespective of any other residence
16requirement for eligibility within this section.
SB288, s. 190 17Section 190. 48.645 (2) (a) 1. of the statutes, as affected by 2009 Wisconsin Acts
1828
and .... (this act), is repealed and recreated to read:
SB288,109,719 48.645 (2) (a) 1. A nonrelative who cares for the dependent child in a foster
20home having a license under s. 48.62, in a foster home located within the boundaries
21of a reservation in this state and licensed by the tribal governing body of the
22reservation or in a group home licensed under s. 48.625, a subsidized guardian or
23interim caretaker under s. 48.62 (5) who cares for the dependent child, or a minor
24custodial parent who cares for the dependent child, regardless of the cause or
25prospective period of dependency. The state shall reimburse counties pursuant to the

1procedure under s. 48.569 (2) and the percentage rate of participation set forth in s.
248.569 (1) (d) for aid granted under this section except that if the child does not have
3legal settlement in the granting county, state reimbursement shall be at 100%. The
4county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48
5(17) shall determine the legal settlement of the child. A child under one year of age
6shall be eligible for aid under this subsection irrespective of any other residence
7requirement for eligibility within this section.
SB288, s. 191 8Section 191. 48.645 (2) (a) 3. of the statutes is amended to read:
SB288,109,199 48.645 (2) (a) 3. A county or, in a county having a population of 500,000 or more,
10the department, when the child is placed in a licensed foster home, treatment foster
11home, group home, or residential care center for children and youth or in a subsidized
12guardianship home by a licensed child welfare agency or by a federally recognized
13American Indian tribal
governing body of an Indian tribe in this state or by its
14designee, if the child is in the legal custody of the county department under s. 46.215,
1546.22, or 46.23 or the department under s. 48.48 (17) or if the child was removed from
16the home of a relative as a result of a judicial determination that continuance in the
17home of the relative would be contrary to the child's welfare for any reason and the
18placement is made under an agreement with the county department or the
19department.
SB288, s. 192 20Section 192. 48.645 (2) (a) 3. of the statutes, as affected by 2009 Wisconsin Acts
2128
and .... (this act), is repealed and recreated to read:
SB288,110,622 48.645 (2) (a) 3. A county or, in a county having a population of 500,000 or more,
23the department, when the child is placed in a licensed foster home, group home, or
24residential care center for children and youth or in a subsidized guardianship home
25by a licensed child welfare agency or by a governing body of an Indian tribe in this

1state or by its designee, if the child is in the legal custody of the county department
2under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or if the child
3was removed from the home of a relative as a result of a judicial determination that
4continuance in the home of the relative would be contrary to the child's welfare for
5any reason and the placement is made under an agreement with the county
6department or the department.
SB288, s. 193 7Section 193. 48.645 (2) (a) 4. of the statutes is amended to read:
SB288,110,168 48.645 (2) (a) 4. A licensed foster home, treatment foster home, group home,
9or residential care center for children and youth or a subsidized guardianship home
10when the child is in the custody or guardianship of the state, when the child is a ward
11of an American Indian a tribal court in this state and the placement is made under
12an agreement between the department and the tribal governing body of the Indian
13tribe of the tribal court
, or when the child was part of the state's direct service case
14load and was removed from the home of a relative as a result of a judicial
15determination that continuance in the home of a relative would be contrary to the
16child's welfare for any reason and the child is placed by the department.
SB288, s. 194 17Section 194. 48.645 (2) (a) 4. of the statutes, as affected by 2009 Wisconsin Acts
1828
and .... (this act), is repealed and recreated to read:
SB288,111,219 48.645 (2) (a) 4. A licensed foster home, group home, or residential care center
20for children and youth or a subsidized guardianship home when the child is in the
21custody or guardianship of the state, when the child is a ward of a tribal court in this
22state and the placement is made under an agreement between the department and
23the governing body of the Indian tribe of the tribal court, or when the child was part
24of the state's direct service case load and was removed from the home of a relative
25as a result of a judicial determination that continuance in the home of a relative

1would be contrary to the child's welfare for any reason and the child is placed by the
2department.
SB288, s. 195 3Section 195. 48.645 (2) (b) of the statutes is amended to read:
SB288,111,124 48.645 (2) (b) Notwithstanding par. (a), aid under this section may not be
5granted for placement of a child in a foster home or treatment foster home licensed
6by a federally recognized American Indian tribal governing body of an Indian tribe,
7for placement of a child in a foster home, treatment foster home, group home,
8subsidized guardianship home, or residential care center for children and youth by
9a tribal governing body of an Indian tribe or its designee, or for the placement of a
10child who is a ward of a tribal court if the tribal governing body of the Indian tribe
11of the tribal court
is receiving or is eligible to receive funds from the federal
12government for that type of placement.
SB288, s. 196 13Section 196. 48.645 (2) (b) of the statutes, as affected by 2009 Wisconsin Acts
1428
and .... (this act), is repealed and recreated to read:
SB288,111,2115 48.645 (2) (b) Notwithstanding par. (a), aid under this section may not be
16granted for placement of a child in a foster home licensed by a governing body of an
17Indian tribe, for placement of a child in a foster home, group home, subsidized
18guardianship home, or residential care center for children and youth by a governing
19body of an Indian tribe or its designee, or for the placement of a child who is a ward
20of a tribal court if the governing body of the Indian tribe of the tribal court is receiving
21or is eligible to receive funds from the federal government for that type of placement.
SB288, s. 197 22Section 197. 48.685 (1) (e) of the statutes is repealed.
SB288, s. 198 23Section 198. 48.685 (5) (a) of the statutes, as affected by 2009 Wisconsin Act
2428
, is amended to read:
SB288,112,15
148.685 (5) (a) Subject to par. (bm), the department may license to operate an
2entity, the department in a county having a population of 500,000 or more, a county
3department, or an agency contracted with under s. 48.651 (2) may certify under s.
448.651, a county department or a child welfare agency may license under s. 48.62,
5and a school board may contract with under s. 120.13 (14) a person who otherwise
6may not be licensed, certified, or contracted with for a reason specified in sub. (4m)
7(a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity
8a person who otherwise may not be employed, contracted with, or permitted to reside
9at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates
10to the department, the county department, the contracted agency, the child welfare
11agency, or the school board or, in the case of an entity that is located within the
12boundaries of a reservation, to the person or body designated by the Indian tribe
13under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with
14procedures established by the department by rule or by the tribe that he or she has
15been rehabilitated.
SB288, s. 199 16Section 199. 48.685 (5d) (a) (intro.) of the statutes is amended to read:
SB288,112,1917 48.685 (5d) (a) (intro.) Any Indian tribe that chooses to conduct rehabilitation
18reviews under sub. (5) shall submit to the department a rehabilitation review plan
19that includes all of the following:
SB288, s. 200 20Section 200. 48.685 (5d) (a) 2. of the statutes is amended to read:
SB288,112,2221 48.685 (5d) (a) 2. The title of the person or body designated by the Indian tribe
22to whom a request for review must be made.
SB288, s. 201 23Section 201. 48.685 (5d) (a) 3. of the statutes is amended to read:
SB288,112,2524 48.685 (5d) (a) 3. The title of the person or body designated by the Indian tribe
25to determine whether a person has been rehabilitated.
SB288, s. 202
1Section 202. 48.685 (5d) (a) 3m. of the statutes is amended to read:
SB288,113,42 48.685 (5d) (a) 3m. The title of the person or body, designated by the Indian
3tribe, to whom a person may appeal an adverse decision made by the person specified
4under subd. 3. and whether the Indian tribe provides any further rights to appeal.
SB288, s. 203 5Section 203. 48.685 (5d) (a) 4. of the statutes is amended to read:
SB288,113,86 48.685 (5d) (a) 4. The manner in which the Indian tribe will submit information
7relating to a rehabilitation review to the department so that the department may
8include that information in its report to the legislature required under sub. (5g).
SB288, s. 204 9Section 204. 48.685 (5d) (b) of the statutes is amended to read:
SB288,113,1910 48.685 (5d) (b) If, within 90 days after receiving the plan, the department does
11not disapprove the plan, the plan shall be considered approved. If, within 90 days
12after receiving the plan, the department disapproves the plan, the department shall
13provide notice of that disapproval to the Indian tribe in writing, together with the
14reasons for the disapproval. The department may not disapprove a plan unless the
15department finds that the plan is not rationally related to the protection of clients.
16If the department disapproves the plan, the Indian tribe may, within 30 days after
17receiving notice of the disapproval, request that the secretary review the
18department's decision. A final decision under this paragraph is not subject to further
19review under ch. 227.
SB288, s. 205 20Section 205. 48.825 (1) (b) of the statutes is amended to read:
SB288,113,2421 48.825 (1) (b) "Another jurisdiction" means a state of the United States other
22than Wisconsin, the District of Columbia, the Commonwealth of Puerto Rico, any
23territory or insular possession subject to the jurisdiction of the United States or a
24federally recognized American
an Indian tribe or band.
SB288, s. 206 25Section 206. 48.83 (1) of the statutes is amended to read:
SB288,114,7
148.83 (1) The Except as provided in s. 48.028 (3) (b), the court of the county
2where the proposed adoptive parent or child resides, upon the filing of a petition for
3adoption or for the adoptive placement of a child, has jurisdiction over the child until
4the petition is withdrawn, denied, or granted. Venue shall be in the county where
5the proposed adoptive parent or child resides at the time the petition is filed. The
6court may transfer the case to a court in the county in which the proposed adoptive
7parents reside.
SB288, s. 207 8Section 207. 48.831 (1r) of the statutes is created to read:
SB288,114,199 48.831 (1r) Notice. When a petition is filed under sub. (1m), the court shall
10provide notice of the fact-finding hearing under sub. (3) to all interested parties as
11provided in s. 48.27 (6). If the court knows or has reason to know that the child is
12an Indian child, the court shall provide notice to the Indian child's Indian custodian,
13if any, and tribe, if known, in the manner specified in s. 48.028 (4) (a). No hearing
14may be held under sub. (3) until at least 10 days after receipt of the notice by the
15Indian child's Indian custodian and tribe or, if the identity or location of the Indian
16child's Indian custodian or tribe cannot be determined, until at least 10 days after
17receipt of the notice by the U.S. secretary of the interior. On request of the Indian
18child's Indian custodian or tribe, the court shall grant a continuance of up to 20
19additional days to enable the requester to prepare for the hearing.
SB288, s. 208 20Section 208. 48.831 (2) of the statutes is amended to read:
SB288,115,1021 48.831 (2) Report. If the department, county department, or child welfare
22agency files a petition, it shall submit the court shall order the department, county
23department, or child welfare agency to file
a report to with the court containing as
24much of the information specified under s. 48.425 (1) (a) and (am) as is reasonably
25ascertainable and, if applicable, the information specified under s. 48.425 (1) (g). If

1the petition is filed by a relative or other person specified under sub. (1m) (d), the
2court shall order the department or a child welfare agency, if the department or
3agency consents, or a county department to file a report containing the information
4specified in this subsection. If the child is an Indian child, the court may order the
5department, county department, or child welfare agency, or request the tribal child
6welfare department of the Indian child's tribe, if that department consents, to file a
7report containing the information specified in this subsection.
The department,
8county department or, child welfare agency, or tribal child welfare department, if
9that department consents,
shall file the report at least 5 days before the date of the
10fact-finding hearing on the petition.
SB288, s. 209 11Section 209. 48.831 (4) (cm) of the statutes is created to read:
SB288,115,2312 48.831 (4) (cm) If the child is an Indian child who is in the custody of an Indian
13custodian, the court may not remove the child from the custody of the Indian
14custodian under par. (c) unless the court finds by clear and convincing evidence,
15including the testimony of one or more qualified expert witnesses, that continued
16custody of the Indian child by the Indian custodian is likely to result in serious
17emotional or physical damage to the child under s. 48.028 (4) (d) 1. and the court finds
18that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup
19of the Indian child's family and that those efforts have proved unsuccessful. In
20placing an Indian child following a transfer of guardianship and custody under par.
21(b) or (c), the custodian appointed under par. (b) or (c) shall comply with the order of
22placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless
23there is good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 210 24Section 210. 48.833 (3) of the statutes is created to read:
SB288,116,6
148.833 (3) Indian child; placement preferences. In placing an Indian child for
2adoption under sub. (1) or (2), the department, county department, or child welfare
3agency shall comply with the order of placement preference under s. 48.028 (7) (a)
4or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child
5welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from
6that order.
SB288, s. 211 7Section 211. 48.837 (1r) (a) of the statutes is amended to read:
SB288,116,178 48.837 (1r) (a) At the request of a parent having custody of a child and the
9proposed adoptive parent or parents of the child, the department, a county
10department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under
11s. 48.60 may place the child in the home of the proposed adoptive parent or parents
12prior to the filing of a petition under sub. (2) as provided in par. (b) or (c), whichever
13is applicable, and par. (d). In placing an Indian child for adoption under this
14paragraph, the department, county department, or child welfare agency shall
15comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable,
16s. 48.028 (7) (c), unless the department, county department, or child welfare agency
17finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 212 18Section 212. 48.837 (2) (e) of the statutes is created to read:
SB288,116,2019 48.837 (2) (e) If the child is an Indian child, the names and addresses of the
20Indian child's Indian custodian, if any, and tribe, if known.
SB288, s. 213 21Section 213. 48.837 (4) (c) of the statutes is amended to read:
SB288,117,1022 48.837 (4) (c) Shall, when the petition has been filed under sub. (1), order the
23department or a county department under s. 48.57 (1) (e) or (hm) to investigate the
24proposed adoptive placement, to interview each petitioner, to provide counseling if
25requested, and to report its recommendation to the court at least 5 days before the

1hearing on the petition. If a licensed child welfare agency or, in the case of an Indian
2child, the tribal child welfare department of the Indian child's tribe
has investigated
3the proposed adoptive placement and interviewed the petitioners, the court may
4accept a report and recommendation from the child welfare agency or tribal child
5welfare department
in place of the court-ordered report required under this
6paragraph. In reporting its recommendations under this paragraph with respect to
7an Indian child, the department, a county department, or a child welfare agency shall
8comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable,
9s. 48.028 (7) (c), unless the department, county department, or child welfare agency
10finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 214 11Section 214. 48.837 (4) (d) of the statutes is amended to read:
SB288,117,2112 48.837 (4) (d) May, in the case of a child who has not been placed under sub.
13(1r), order the department or a county department under s. 48.57 (1) (e) or (hm), at
14the request of a petitioning parent or on its own motion after ordering the child taken
15into custody under s. 48.19 (1) (c), to place the child, pending the hearing on the
16petition, in any home in this state that is licensed under s. 48.62 or in any home
17outside this state if the conditions under sub. (1r) (c) are met. In placing an Indian
18child for adoption under this paragraph, the department or county department shall
19comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable,
20s. 48.028 (7) (c), unless the department, county department, or child welfare agency
21finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 215 22Section 215. 48.837 (6) (c) of the statutes is amended to read:
SB288,118,523 48.837 (6) (c) After the hearing on the petition under sub. (2), the court shall
24make findings on the allegations of the petition and the report ordered under sub.
25(4) (c) and make a conclusion as to whether placement in the home is in the best

1interest of the child. In determining whether placement of an Indian child in the
2home is in the best interest of the Indian child, the court shall comply with the order
3of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless
4the court finds good cause, as described in s. 48.028 (7) (e), for departing from that
5order.
SB288, s. 216 6Section 216. 48.85 (1) of the statutes is amended to read:
SB288,118,107 48.85 (1) At least 10 days prior to the hearing, the guardian shall file its
8recommendation with the court. In making a recommendation under this subsection
9with respect to an Indian child, the guardian shall comply with the order of
10placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c).
SB288, s. 217 11Section 217. 48.88 (2) (a) (intro.) of the statutes is amended to read:
SB288,118,1612 48.88 (2) (a) (intro.) Except as provided under par. pars. (ag) and (c), when a
13petition to adopt a child is filed, the court shall order an investigation to determine
14whether the child is a proper subject for adoption and whether the petitioner's home
15is suitable for the child. The court shall order one of the following to conduct the
16investigation:
SB288, s. 218 17Section 218. 48.88 (2) (ag) of the statutes is created to read:
SB288,118,2118 48.88 (2) (ag) If the child is an Indian child, the court may request the tribal
19child welfare department of the Indian child's tribe to conduct the investigation. If
20the tribal child welfare department agrees to conduct the investigation, that
21investigation may be accepted in lieu of the investigation under par. (a).
SB288, s. 219 22Section 219. 48.88 (2) (b) of the statutes is amended to read:
SB288,119,523 48.88 (2) (b) The agency or tribal child welfare department making the
24investigation shall file its report with the court at least 10 days before the hearing
25unless the time is reduced for good cause shown by the petitioner. In reporting on

1an investigation of the proposed adoptive home of an Indian child, the agency shall
2comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable,
3s. 48.028 (7) (c), unless the agency finds good cause, as described in s. 48.028 (7) (e),
4for departing from that order.
The report shall be part of the record of the
5proceedings.
SB288, s. 220 6Section 220. 48.89 (1) of the statutes is amended to read:
SB288,119,137 48.89 (1) The recommendation of the department is required for the adoption
8of a child if the child is not under the guardianship of a county department under s.
948.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5). In making a
10recommendation under this subsection with respect to an Indian child, the
11department shall comply with the order of placement preference under s. 48.028 (7)
12(a) or, if applicable, s. 48.028 (7) (c), unless the department finds good cause, as
13described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 221 14Section 221. 48.91 (3) of the statutes is amended to read:
SB288,119,2315 48.91 (3) If after the hearing and a study of the report required by s. 48.88 and
16the recommendation required by s. 48.841 or 48.89, the court is satisfied that the
17necessary consents or recommendations have been filed and that the adoption is in
18the best interests of the child, the court shall make an order granting the adoption.
19In determining whether the adoption is in the best interests of an Indian child, the
20court shall comply with the order of placement preference under s. 48.028 (7) (a) or,
21if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s.
2248.028 (7) (e), for departing from that order.
The order may change the name of the
23minor to that requested by petitioners.
SB288, s. 222 24Section 222. 48.93 (1d) of the statutes is amended to read:
SB288,120,4
148.93 (1d) All records and papers pertaining to an adoption proceeding shall
2be kept in a separate locked file and may not be disclosed except under sub. (1g) or,
3(1r), or (1v), s. 48.432, 48.433, 48.434, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of
4the court for good cause shown.
SB288, s. 223 5Section 223. 48.93 (1v) of the statutes is created to read:
SB288,120,86 48.93 (1v) (a) At the time a court enters an order granting adoption of an Indian
7child, the court shall provide the U.S. secretary of the interior with the information
8specified in s. 48.028 (9) (a) and (b).
SB288,120,119 (b) At the request of an Indian adoptee who is 18 years of age or older, the court
10that entered the order granting adoption of the adoptee shall provide or arrange to
11provide the adoptee with the information specified in s. 48.028 (9) (c).
SB288, s. 224 12Section 224. 48.977 (4) (a) 1. of the statutes is amended to read:
SB288,120,1413 48.977 (4) (a) 1. The child or the child's guardian or, legal custodian, or Indian
14custodian
.
SB288, s. 225 15Section 225. 48.977 (4) (b) 6. of the statutes is amended to read:
SB288,120,1916 48.977 (4) (b) 6. A statement of whether the child may be subject to the federal
17Indian child welfare act Child Welfare Act, 25 USC 1911 1901 to 1963 , and, if the
18child may be subject to that act, the names and addresses of the child's Indian
19custodian, if any, and Indian tribe, if known
.
SB288, s. 226 20Section 226. 48.977 (4) (c) 1. j. of the statutes is created to read:
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