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:
SB288,120,2221 48.977 (4) (c) 1. j. If the child is an Indian child, the Indian child's Indian
22custodian, if any, and tribe, if known.
SB288, s. 227 23Section 227. 48.977 (4) (c) 2. of the statutes is amended to read:
SB288,121,624 48.977 (4) (c) 2. Service Except as provided in subd. 2m., service shall be made
25by 1st class mail at least 7 days before the hearing or by personal service at least 7

1days before the hearing or, if with reasonable diligence a party specified in subd. 1.
2cannot be served by mail or personal service, service shall be made by publication of
3a notice published as a class 1 notice under ch. 985. In determining which newspaper
4is likely to give notice as required under s. 985.02 (1), the petitioner shall consider
5the residence of the party, if known, or the residence of the relatives of the party, if
6known, or the last-known location of the party.
SB288, s. 228 7Section 228. 48.977 (4) (c) 2m. of the statutes is created to read:
SB288,121,178 48.977 (4) (c) 2m. If the petitioner knows or has reason to know that the child
9is an Indian child, service under subd. 2. to the Indian child's parent, Indian
10custodian, and tribe shall be provided in the manner specified in s. 48.028 (4) (a). No
11hearing may be held under par. (cm) until at least 10 days after receipt of service by
12the Indian child's parent, Indian custodian, and tribe or, if the identity or location of
13the Indian child's parent, Indian custodian, or tribe cannot be determined, until at
14least 10 days after receipt of service by the U.S. secretary of the interior. On request
15of the Indian child's parent, Indian custodian, or tribe, the court shall grant a
16continuance of up to 20 additional days to enable the requester to prepare for the
17hearing.
SB288, s. 229 18Section 229. 48.977 (4) (g) 4. of the statutes is created to read:
SB288,121,2119 48.977 (4) (g) 4. If the child is an Indian child, the order of placement preference
20under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good
21cause, as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 230 22Section 230. 48.978 (2) (b) 11. of the statutes is amended to read:
SB288,122,223 48.978 (2) (b) 11. A statement of whether the child may be subject to the federal
24Indian Child Welfare Act, 25 USC 1911 1901 to 1963, and, if the child may be subject

1to that act, the names and addresses of the child's Indian custodian, if any, and
2Indian tribe, if known
.
SB288, s. 231 3Section 231. 48.981 (1) (cs) of the statutes is renumbered 48.02 (8g) and
4amended to read:
SB288,122,65 48.02 (8g) "Indian child" means any unmarried person who is under the age
6of 18 years and is affiliated with an Indian tribe or band in any of the following ways:
SB288,122,77 1. As a member of the Indian tribe or band.
SB288,122,98 2. As a person who is both eligible for membership in the Indian tribe or band
9and is the biological child of a member of the Indian tribe or band.
SB288, s. 232 10Section 232. 48.981 (1) (ct) of the statutes is amended to read:
SB288,122,1311 48.981 (1) (ct) "Indian unborn child" means an unborn child who, when born,
12may be eligible for affiliation with an Indian tribe or band in any of the following
13ways:
SB288,122,1414 1. As a member of the Indian tribe or band.
SB288,122,1615 2. As a person who is both eligible for membership in the Indian tribe or band
16and the biological child of a member of the Indian tribe or band.
SB288, s. 233 17Section 233. 48.981 (1) (i) of the statutes is amended to read:
SB288,122,2118 48.981 (1) (i) "Tribal agent" means the person designated under 25 CFR 23.12
19by an Indian tribe or band to receive notice of involuntary child custody proceedings
20under the Indian child welfare act federal Indian Child Welfare Act, 25 USC 1901
21to 1963.
SB288, s. 234 22Section 234. 48.981 (3) (bm) (intro.) of the statutes is amended to read:
SB288,123,723 48.981 (3) (bm) Notice of report to Indian tribal agent. (intro.) In a county
24which that has wholly or partially within its boundaries a federally recognized
25Indian reservation or a bureau of Indian affairs service area for the Ho-Chunk tribe,

1if a county department which that receives a report under par. (a) pertaining to a
2child or unborn child knows or has reason to know that the child is an Indian child
3who resides in the county or that the unborn child is an Indian unborn child whose
4expectant mother resides in the county, the county department shall provide notice,
5which shall consist only of the name and address of the Indian child or expectant
6mother and the fact that a report has been received about that Indian child or Indian
7unborn child, within 24 hours to one of the following:
SB288, s. 235 8Section 235. 48.981 (3) (bm) 1. of the statutes is amended to read:
SB288,123,139 48.981 (3) (bm) 1. If the county department knows with which Indian tribe or
10band
the child is affiliated, or with which Indian tribe or band the Indian unborn
11child, when born, may be eligible for affiliation, and it the Indian tribe is a Wisconsin
12tribe or band, the tribal agent of that tribe or band Indian tribe, the tribal agent of
13that tribe
.
SB288, s. 236 14Section 236. 48.981 (3) (bm) 2. of the statutes is amended to read:
SB288,123,2015 48.981 (3) (bm) 2. If the county department does not know with which Indian
16tribe or band the child is affiliated, or with which Indian tribe or band the Indian
17unborn child, when born, may be eligible for affiliation, or the child or expectant
18mother is not affiliated with a Wisconsin Indian tribe or band, the tribal agent
19serving the reservation or Ho-Chunk service area where the child or expectant
20mother resides.
SB288, s. 237 21Section 237. 48.981 (7) (a) 10m. of the statutes is amended to read:
SB288,124,222 48.981 (7) (a) 10m. A tribal court, or other adjudicative body authorized by a
23tribe or band
an Indian tribe to perform child welfare functions, that exercises
24jurisdiction over children and unborn children alleged to be in need of protection or
25services for use in proceedings in which abuse or neglect of the child who is the

1subject of the report or record or abuse of the unborn child who is the subject of the
2report or record is an issue.
SB288, s. 238 3Section 238. 48.981 (7) (a) 10r. of the statutes is amended to read:
SB288,124,94 48.981 (7) (a) 10r. A tribal court, or other adjudicative body authorized by a
5tribe or band
an Indian tribe to perform child welfare functions, that exercises
6jurisdiction over children alleged to be in need of protection or services for use in
7proceedings in which an issue is the substantial risk of abuse or neglect of a child
8who, during the time period covered by the report or record, was in the home of the
9child who is the subject of the report or record.
SB288, s. 239 10Section 239. 48.981 (7) (a) 11m. of the statutes is amended to read:
SB288,124,1411 48.981 (7) (a) 11m. An attorney representing the interests of an Indian tribe
12or band in proceedings under subd. 10m. or 10r., of an Indian child in proceedings
13under subd. 10m. or 10r. or of an Indian unborn child in proceedings under subd.
1410m.
SB288, s. 240 15Section 240. 48.983 (1) (d) of the statutes is repealed.
SB288, s. 241 16Section 241. 48.983 (1) (e) of the statutes is repealed.
SB288, s. 242 17Section 242. 806.245 (1m) of the statutes is created to read:
SB288,124,2218 806.245 (1m) The public acts, records, and judicial proceedings of any Indian
19tribe that are applicable to an Indian child custody proceeding, as defined in s. 48.028
20(2) (d), or an Indian juvenile child custody proceeding, as defined in s. 938.028 (2) (b),
21shall be given full faith and credit by the state as provided in s. 48.028 (3) (f) or
22938.028 (3) (f).
SB288, s. 243 23Section 243. 938.01 (3) of the statutes is created to read:
SB288,125,324 938.01 (3) Indian juvenile welfare; declaration of policy. In Indian juvenile
25custody proceedings, the best interests of the Indian juvenile shall be determined in

1accordance with the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and the
2policy specified in this subsection. It is the policy of this state for courts and agencies
3responsible for juvenile welfare to do all of the following:
SB288,125,54 (a) Cooperate fully with Indian tribes in order to ensure that the federal Indian
5Child Welfare Act is enforced in this state.
SB288,125,76 (b) Protect the best interests of Indian juveniles and promote the stability and
7security of Indian tribes and families by doing all of the following:
SB288,125,108 1. Establishing minimum standards for the removal of Indian juveniles from
9their families and the placement of those juveniles in out-of-home care placements
10that will reflect the unique value of Indian culture.
SB288,125,18112. Using practices, in accordance with the federal Indian Child Welfare Act, 25
12USC 1901
to 1963, this section, and other applicable law, that are designed to prevent
13the voluntary or involuntary out-of-home care placement of Indian juveniles and,
14when an out-of-home care placement is necessary, placing an Indian juvenile in a
15placement that reflects the unique values of the Indian juvenile's tribal culture and
16that is best able to assist the Indian juvenile in establishing, developing, and
17maintaining a political, cultural, and social relationship with the Indian juvenile's
18tribe and tribal community.
SB288, s. 244 19Section 244. 938.02 (8d) of the statutes is created to read:
SB288,125,2220 938.02 (8d) "Indian" means any person who is a member of an Indian tribe or
21who is an Alaska native and a member of a regional corporation, as defined in 43 USC
221606
.
SB288, s. 245 23Section 245. 938.02 (8g) of the statutes is created to read:
SB288,125,2524 938.02 (8g) "Indian juvenile" means an unmarried person who is under 18
25years of age and who is affiliated with an Indian tribe in any of the following ways:
SB288,126,1
1(a) As a member of the Indian tribe.
SB288,126,32 (b) As a person who is eligible for membership in the Indian tribe and is the
3biological child of a member of the Indian tribe.
SB288, s. 246 4Section 246. 938.02 (8m) of the statutes is created to read:
SB288,126,55 938.02 (8m) "Indian juvenile's tribe" means one of the following:
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