48.355(2c)(a)4.
4. Monitoring of client progress and client participation in services was provided.
48.355(2c)(a)5.
5. A consideration of alternative ways of addressing the family's needs was provided, if services did not exist or existing services were not available to the family.
48.355(2c)(b)
(b) When a court makes a finding under
sub. (2) (b) 6. as to whether the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, the court's consideration of reasonable efforts shall include, but not be limited to, the considerations listed under
par. (a) 1. to
5. and whether visitation schedules between the child and his or her parents were implemented, unless visitation was denied or limited by the court.
48.355(2e)
(2e) Permanency plans; filing; amended orders; copies. 48.355(2e)(a)(a) If a permanency plan has not been prepared at the time the dispositional order is entered, or if the court orders a disposition that is not consistent with the permanency plan, the agency responsible for preparing the plan shall prepare a permanency plan that is consistent with the order or revise the permanency plan to conform to the order and shall file the plan with the court within the time specified in
s. 48.38 (3). A permanency plan filed under this paragraph shall be made a part of the dispositional order.
48.355(2e)(b)
(b) Each time a child's placement is changed under
s. 48.357 or a dispositional order is revised under
s. 48.363 or extended under
s. 48.365, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order.
48.355(2e)(c)
(c) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child's parent or guardian, to the child or the child's counsel or guardian ad litem and to the person representing the interests of the public.
48.355(2m)
(2m) Transitional placements. The court order may include the name of transitional placements, but may not designate a specific time when transitions are to take place. The procedures of
ss. 48.357 and
48.363 shall govern when such transitions take place. However, the court may place specific time limitations on interim arrangements made for the care of the child pending the availability of the dispositional placement.
48.355(3)
(3) Parental visitation. If, after a hearing on the issue with due notice to the parent or guardian, the judge finds that it would be in the best interest of the child, the judge may set reasonable rules of parental visitation.
48.355(4)
(4) Termination of orders. Except as provided under
s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if
s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.
48.355(5)
(5) Effect of court order. Any party, person or agency who provides services for the child under this section shall be bound by the court order.
48.355(7)
(7) Orders applicable to parents, guardians, legal custodians and other adults. In addition to any dispositional order entered under
s. 48.345, the court may enter an order applicable to a child's parent, guardian or legal custodian or to another adult, as provided under
s. 48.45.
48.355 History
History: 1977 c. 354;
1979 c. 295,
300,
359;
1983 a. 27,
102,
399,
538;
1985 a. 29;
1987 a. 27,
339,
383;
1989 a. 31,
41,
86,
107,
121,
359;
1991 a. 39;
1993 a. 98,
334,
377,
385,
395,
446,
481,
491;
1995 a. 27,
77,
201,
225,
275.
48.355 Annotation
Mandatory time limits affect trial court's competency to act, but objection must be raised before trial court to avoid waiver. In Interest of LMC, 146 W (2d) 377, 430 NW (2d) 352 (Ct. App. 1988).
48.356
48.356
Duty of court to warn. 48.356(1)
(1) Whenever the court orders a child to be placed outside his or her home or denies a parent visitation because the child has been adjudged to be in need of protection or services under
s. 48.345,
48.357,
48.363 or
48.365, the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under
s. 48.415 which may be applicable and of the conditions necessary for the child to be returned to the home or for the parent to be granted visitation.
48.356(2)
(2) In addition to the notice required under
sub. (1), any written order which places a child outside the home or denies visitation under
sub. (1) shall notify the parent or parents of the information specified under
sub. (1).
48.356 Annotation
Substantial compliance is not adequate to meet (2) notice provision; oral, rather than written, notice is insufficient. In re D.F. 147 W (2d) 486, 433 NW (2d) 592 (Ct. App. 1988).
48.356 Annotation
See note to 48.415 citing In Interest of K.K. 162 W (2d) 431, 469 NW (2d) 881 (Ct. App. 1991).
48.356 Annotation
To comply with sub. (2), the written order needs to contain the same information as the oral notice under sub. (1); that the notice contained more does not mean sub. (2) was violated. In Interest of Jamie L. 172 W (2d) 218, 493 NW (2d) 56 (1992).
48.356 Annotation
When the grounds for potential termination of parental rights is under s. 48.415 (8) for murdering the other parent, no notice under sub. (1) of the conditions necessary for the return of the child is necessary as the grounds for termination, the murder, cannot be remedied. Winnebago County DSS v. Darrell A. 194 W (2d) 628, 534 NW (2d) 907 (Ct. App. 1995).
48.356 Annotation
It was a denial of due process to terminate parental rights on grounds substantially different from those which the parent was warned of under s. 48.356. State v. Patricia A.P. 195 W (2d) 855, 537 NW (2d) 47 (Ct. App. 1995).
48.357
48.357
Change in placement. 48.357(1)(1) The person or agency primarily responsible for implementing the dispositional order, the district attorney or the corporation counsel may request a change in the placement of the child, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the child or the child's counsel or guardian ad litem, parent, foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2), guardian and legal custodian. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the specific foster or treatment foster placement under
s. 48.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days of receipt of the notice. Placements shall not be changed until 10 days after such notice is sent to the court unless the parent, guardian or legal custodian and the child, if 12 or more years of age, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order. If a hearing is held under this subsection and the change in placement would remove a child from a foster home, treatment foster home or other placement with a physical custodian described in
s. 48.62 (2), the court shall permit the foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) to make a written or oral statement during the hearing or to submit a written statement prior to the hearing, relating to the child and the requested change in placement.
48.357(2)
(2) If emergency conditions necessitate an immediate change in the placement of a child placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in
sub. (1). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under
sub. (1). In emergency situations, the child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under
s. 48.345 (3).
48.357(2m)
(2m) The child, the parent, guardian or legal custodian of the child or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which affects the advisability of the current placement. This request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion. The court shall hold a hearing on the matter prior to ordering any change in placement under this subsection if the request states that new information is available which affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under
sub. (1) and the court approves. If a hearing is scheduled, the court shall notify the child, the parent, guardian and legal custodian of the child, any foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) of the child and all parties who are bound by the dispositional order at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all the parties consent, the court may proceed immediately with the hearing. If a hearing is held under this subsection and the change in placement would remove a child from a foster home, treatment foster home or other placement with a physical custodian described in
s. 48.62 (2), the court shall permit the foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) to make a written or oral statement during the hearing or to submit a written statement prior to the hearing, relating to the child and the requested change in placement.
48.357(4m)
(4m) The department of corrections shall try to release a child to aftercare supervision under
sub. (4) within 30 days after the date that department determines the child is eligible for the release.
48.357 Note
NOTE: Sub. (4m) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). Sub. (4) was repealed by
1995 Wis. Act 77.
48.357(5m)
(5m) If a proposed change in placement changes a child's placement from a placement in the child's home to a placement outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job development under
s. 49.22 (9) and the manner of its application established by the department of health and family services under
s. 46.247 and listing the factors that a court may consider under
s. 46.10 (14) (c). If the child is placed outside the child's home, the court shall determine the liability of the parent in the manner provided in
s. 46.10 (14).
48.357(6)
(6) No change in placement may extend the expiration date of the original order.
48.357 Annotation
See note to 48.64, citing Bingenheimer v. DHSS, 129 W (2d) 100, 383 NW (2d) 898 (1986).
48.36
48.36
Payment for services. 48.36(1)(a)(a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a disposition made under
s. 48.345 or by a change in placement under
s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under
s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department or a county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437, shall be determined under
s. 46.10 (14).
48.36(1)(b)
(b) In determining the amount of support under
par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of industry, labor and job development, or the county child and spousal support agency, under
s. 49.22 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.
48.36(2)
(2) If a child whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost thereof, if ordered by the court, shall be a charge upon the county. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the child as the court may order based on the ability of the parent or guardian to pay. This subsection shall be subject to
s. 46.03 (18).
48.36(3)
(3) In determining county liability, this section does not apply to services specified in
ch. 115.
48.361
48.361
Payment for alcohol and other drug abuse services. 48.361(1)(1) In this section, "alcohol and other drug abuse services" means all of the following:
48.361(1)(a)
(a) Any alcohol or other drug abuse examination or assessment ordered by a court under
s. 48.295 (1).
48.361(1)(b)
(b) Any special treatment or care that relates to alcohol or other drug abuse services ordered by a court under
s. 48.345 (6) (a).
48.361(2)(a)1.1. If a child's parent neglects, refuses or is unable to provide court-ordered alcohol and other drug abuse services for the child through his or her health insurance or other 3rd-party payments, notwithstanding
s. 48.36 (3), the judge may order the parent to pay for the court-ordered alcohol and drug abuse services. If the parent consents to provide court-ordered alcohol and other drug abuse services for a child through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered alcohol and other drug abuse services the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other drug abuse services in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.
48.361(2)(a)2.
2. This paragraph applies to payment for alcohol and other drug abuse services in any county, regardless of whether the county is a pilot county under
s. 48.547.
48.361(2)(am)1.1. If a court in a county that has a pilot program under
s. 48.547 finds that payment is not attainable under
par. (a), the court may order payment in accordance with
par. (b).
48.361(2)(am)2.
2. If a court in a county that does not have a pilot program under
s. 48.547 finds that payment is not attainable under
par. (a), the court may order payment in accordance with
s. 48.345 (6) (a) or
48.36.
48.361(2)(b)1.1. In counties that have a pilot program under
s. 48.547, in addition to using the alternative provided for under
par. (a), the court may order a county department of human services established under
s. 46.23 or a county department established under
s. 51.42 or
51.437 in the child's county of legal residence to pay for the court-ordered alcohol and other drug abuse services whether or not custody has been taken from the parent.
48.361(2)(b)2.
2. If a judge orders a county department established under
s. 51.42 or
51.437 to provide alcohol and other drug abuse services under this paragraph, the provision of the alcohol and other drug abuse services shall be subject to conditions specified in
ch. 51.
48.361(2)(c)
(c) Payment for alcohol and other drug abuse services by a county department under this section does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug abuse services from the parent which is based upon the ability of the parent to pay. This subsection is subject to
s. 46.03 (18).
48.362
48.362
Payment for certain special treatment or care services. 48.362(1)(1) In this section, "special treatment or care" has the meaning given in
s. 48.02 (17m), except that it does not include alcohol and other drug abuse services.
48.362(2)
(2) This section applies to the payment of court-ordered special treatment or care under
s. 48.345 (6) (a), whether or not custody has been taken from the parent.
48.362(3)
(3) If a child's parent neglects, refuses or is unable to provide court-ordered special treatment or care for the child through his or her health insurance or other 3rd-party payments, notwithstanding
s. 48.36 (3), the judge may order the parent to pay for the court-ordered special treatment or care. If the parent consents to provide court-ordered special treatment or care for a child through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the judge may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.
48.362(4)(a)(a) If the judge finds that payment is not attainable under
sub. (3), the judge may order the county department under
s. 51.42 or
51.437 of the child's county of legal residence to pay the cost of any court-ordered special treatment or care that is provided by or under contract with that county department.
48.362(4)(b)
(b) Payment for special treatment or care by a county department under
par. (a) does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of special treatment or care.
48.362(4)(c)
(c) A county department that pays for court-ordered special treatment or care under
par. (a) may recover from the parent, based on the parent's ability to pay, a reasonable contribution toward the costs of court-ordered special treatment or care. This paragraph is subject to
s. 46.03 (18).
48.362 History
History: 1993 a. 446;
1995 a. 77,
275.
48.363
48.363
Revision of dispositional orders. 48.363(1)
(1) A child, the child's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the child, the child's parent, guardian and legal custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job development under
s. 49.22 (9) and the manner of its application established by the department of health and family services under
s. 46.247 and listing the factors that a court may consider under
s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.
48.363(1m)
(1m) If a hearing is held under
sub. (1), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall permit a foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) of the child to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of revision.
48.363(2)
(2) If the court revises a dispositional order under
sub. (1) with respect to the amount of child support to be paid by a parent for the care and maintenance of the parent's minor child who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in
s. 46.10 (14).
48.365
48.365
Extension of orders. 48.365(1)(1) In this section, "2 or more years" means a period of time that begins with the first placement of the child outside of his or her home pursuant to an order under this section or
s. 48.345,
48.357 or
48.363 and includes any period of time in which the child returned home, unless the periods of time at home account for the majority of the time since the first placement.
48.365(1m)
(1m) The parent, child, guardian, legal custodian, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered or the court on its own motion, may request an extension of an order under
s. 48.355. The request shall be submitted to the court which entered the order. No order under
s. 48.355 may be extended except as provided in this section.
48.365(2)
(2) No order may be extended without a hearing. The court shall notify the child or the child's guardian ad litem or counsel, the child's parent, guardian, legal custodian, all the parties present at the original hearing, the child's foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered of the time and place of the hearing.
48.365(2g)(a)(a) At the hearing the person or agency primarily responsible for providing services to the child shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the child's rehabilitation or care and treatment. The juvenile offender review program may file a written report regarding any child examined by the program.
48.365(2g)(b)
(b) If the child is placed outside of his or her home, the report shall include all of the following:
48.365(2g)(b)1.
1. A copy of the report of the review panel under
s. 48.38 (5), if any, and a response to the report from the agency primarily responsible for providing services to the child.
48.365(2g)(b)2.
2. An evaluation of the child's adjustment to the placement and of any progress the child has made, suggestions for amendment of the permanency plan, a description of efforts to return the child to his or her home, including efforts of the parents to remedy factors which contributed to the child's placement and, if continued placement outside of the child's home is recommended, an explanation of why returning the child to his or her home is not feasible.
48.365(2g)(b)3.
3. If the child has been placed outside of his or her home for 2 or more years, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the child. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the child and whether or not the child should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the child be registered with the adoption information exchange or report the reason why registering the child is contrary to the best interest of the child.
48.365(2g)(c)
(c) In cases where the child has not been placed outside the home, the report shall contain a description of efforts that have been made by all parties concerned toward meeting the objectives of treatment, care or rehabilitation, an explanation of why these efforts have not yet succeeded in meeting the objective, and anticipated future planning for the child.
48.365(2m)(a)(a) Any party may present evidence relevant to the issue of extension. The judge shall make findings of fact and conclusions of law based on the evidence, including a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the child to make it possible for the child to return to his or her home. An order shall be issued under
s. 48.355.
48.365(2m)(ag)
(ag) In addition to any evidence presented under
par. (a), the court shall permit a foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) of the child to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension.
48.365(2m)(b)
(b) If a child has been placed outside the home under
s. 48.345 and an extension is ordered under this subsection, the judge shall state in the record the reason for the extension.
48.365(3)
(3) The appearance of any child may be waived by consent of the child, counsel or guardian ad litem.
48.365(4)
(4) The judge shall determine which dispositions are to be considered for extensions.
48.365(5)
(5) Except as provided in
s. 48.368, all orders shall be for a specified length of time not to exceed one year.
