48.355(2b)
(2b) Concurrent reasonable efforts permitted. A county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to a child under a court order may, at the same time as the county department, department or agency is making the reasonable efforts required under
sub. (2) (b) 6., work with the department, a county department under
s. 48.57 (1) (e) or
(hm) or a child welfare agency licensed under
s. 48.61 (5) in making reasonable efforts to place the child for adoption, with a guardian or in some other alternative permanent placement.
48.355(2c)(a)(a) When a court makes a finding under
sub. (2) (b) 6. as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to prevent the removal of the child from his or her home, while assuring that the child's health and safety are the paramount concerns, the court's consideration of reasonable efforts shall include, but not be limited to, whether:
48.355(2c)(a)1.
1. A comprehensive assessment of the family's situation was completed, including a determination of the likelihood of protecting the child's health, safety and welfare effectively in the home.
48.355(2c)(a)2.
2. Financial assistance, if applicable, was provided to the family.
48.355(2c)(a)3.
3. Services were offered or provided to the family, if applicable, and whether any assistance was provided to the family to enable the family to utilize the services. Examples of the types of services that may have been offered include:
48.355(2c)(a)3.c.
c. Community support services, such as day care, parent skills training, housing assistance, employment training and emergency mental health services.
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 safely 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(2d)(a)1.
1. "Aggravated circumstances" include abandonment in violation of
s. 948.20 or in violation of the law of any other state or federal law if that violation would be a violation of
s. 948.20 if committed in this state, torture, chronic abuse and sexual abuse.
48.355(2d)(a)2.
2. "Sexual abuse" means a violation of
s. 940.225,
944.30,
948.02,
948.025,
948.05,
948.055,
948.06,
948.09 or
948.10 or a violation of the law of any other state or federal law if that violation would be a violation of
s. 940.225,
944.30,
948.02,
948.025,
948.05,
948.055,
948.06,
948.09 or
948.10 if committed in this state.
48.355(2d)(b)
(b) Notwithstanding
sub. (2) (b) 6., the court need not include in a dispositional order a finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a child to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, or, if applicable, a finding as to whether the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a child to make it possible for the child to return safely to his or her home, if the court finds, as evidenced by a final judgment of conviction, any of the following:
48.355(2d)(b)1.
1. That the parent has subjected the child to aggravated circumstances.
48.355(2d)(b)2.
2. That the parent has committed, has aided or abetted the commission of, or has solicited, conspired or attempted to commit, a violation of
s. 940.01,
940.02,
940.03 or
940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of
s. 940.01,
940.02,
940.03 or
940.05 if committed in this state, and that the victim of that violation is a child of the parent.
48.355(2d)(b)3.
3. That the parent has committed a violation of
s. 940.19 (2),
(3),
(4) or
(5),
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025 or
948.03 (2) (a) or
(3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of
s. 940.19 (2),
(3),
(4) or
(5),
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025 or
948.03 (2) (a) or
(3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in
s. 939.22 (14), or in substantial bodily harm, as defined in
s. 939.22 (38), to the child or another child of the parent.
48.355(2d)(b)4.
4. That the parental rights of the parent to another child have been involuntarily terminated.
48.355(2d)(c)
(c) If the court makes a finding specified in
par. (b) 1.,
2.,
3. or
4., the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the child. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.
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, to the child's court-appointed special advocate 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 or for the treatment of the expectant mother pending the availability of the dispositional placement.
48.355(3)(a)(a) Except as provided in
par. (b), if, after a hearing on the issue with due notice to the parent or guardian, the court finds that it would be in the best interest of the child, the court may set reasonable rules of parental visitation.
48.355(3)(b)1.1. Except as provided in
subd. 2., the court may not grant visitation under
par. (a) to a parent of a child if the parent has been convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.
48.355(3)(b)1m.
1m. Except as provided in
subd. 2., if a parent who is granted visitation rights with a child under
par. (a) is convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.
48.355(3)(b)2.
2. Subdivisions 1. and
1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.
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 or before the unborn child is born 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 or the expectant mother under this section shall be bound by the court order.
48.355(7)
(7) Orders applicable to parents, guardians, legal custodians, expectant mothers and other adults. In addition to any dispositional order entered under
s. 48.345 or
48.347, the court may enter an order applicable to the parent, guardian or legal custodian of a child, to a family member of an adult expectant mother 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;
1997 a. 27,
205,
237,
292;
1999 a. 9,
103,
149,
186.
48.355 Annotation
Mandatory time limits affect a trial court's competency to act, but an objection must be raised before the trial court to avoid waiver. In Interest of L.M.C.
146 Wis. 2d 377,
430 N.W.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, orders an expectant mother of an unborn child to be placed outside of her home or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under
s. 48.345,
48.347 48.357,
48.363 or
48.365, the court shall orally inform the parent or parents who appear in court or the expectant mother who appears 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 or expectant mother 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 or an expectant mother outside the home or denies visitation under
sub. (1) shall notify the parent or parents or expectant mother of the information specified under
sub. (1).
48.356 Annotation
Substantial compliance is not adequate to meet the sub. (2) notice provision; oral, rather than written, notice is insufficient. In re D.F.
147 Wis. 2d 486,
433 N.W.2d 609 (Ct. App. 1988).
48.356 Annotation
Dismissal of termination proceedings because only 2 of 6 dispositional orders contained statutory warnings was inappropriate. The warning is only required on one order. In Interest of K.K.
162 Wis. 2d 431,
469 N.W.2d 881 (Ct. App. 1991).
48.356 Annotation
To comply with sub. (2), the written order must 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 Wis. 2d 218,
493 N.W.2d 56 (1992).
48.356 Annotation
When the grounds for 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 Wis. 2d 628,
534 N.W.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 that the parent was warned of under s. 48.356. State v. Patricia A.P.
195 Wis. 2d 855,
537 N.W.2d 47 (Ct. App. 1995).
48.356 Annotation
The written warning under sub. (2) applies only to orders removing children from placement with their parents or denying parental visitation. Temporary physical custody orders or extensions of those orders may not lead to a loss of parental rights and do not require the written warning. Marinette County v. Tammy C.
219 Wis. 2d 206,
579 N.W.2d 635 (1998).
48.356 Annotation
The last order placing the child outside the home, rather than each order, which must be issued at least six months before the filing of the petition to terminate parental rights, must contain the written notice prescribed by s. 48.356 (2). Waukesha County v. Steven H. 2000 WI 28,
233 Wis. 2d 344,
607 N.W.2d 607.
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 or expectant mother, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to 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, the child's court-appointed special advocate and, if the child is the expectant mother of an unborn child under
s. 48.133, the unborn child by the unborn child's guardian ad litem. If the expectant mother is an adult, written notice shall be sent to the adult expectant mother and the unborn child by the unborn child's guardian ad litem. 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 a specific placement under
s. 48.355 (2) (b) 2., other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements may not be changed until 10 days after that notice is sent to the court unless the parent, guardian or legal custodian and the child, if 12 years of age or over, or the child expectant mother, if 12 years of age or over, her parent, guardian or legal custodian and the unborn child by the unborn child's guardian ad litem, or the adult expectant mother and the unborn child by the unborn child's guardian ad litem, 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 when 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.
48.357(2)
(2) If emergency conditions necessitate an immediate change in the placement of a child or expectant mother placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child or expectant mother 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, a 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, the expectant mother, the unborn child by the unborn child's guardian at litem 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 persons entitled to receive notice under
sub. (1), other than a court-appointed special advocate, 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, the child's court-appointed special advocate, all parties who are bound by the dispositional order and, if the child is the expectant mother of an unborn child under
s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify the adult expectant mother, the unborn child by the unborn child's guardian ad litem 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.
48.357(2r)
(2r) If a hearing is held under
sub. (1) or
(2m) 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 give the foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian 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. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) who receives notice of a hearing under
sub. (1) or
(2m) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
48.357(4d)(a)(a) Except as provided in
par. (b), the court may not change a child's placement to a placement in the home of a person who has been convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, if the conviction has not been reversed, set aside or vacated.
48.357(4d)(am)
(am) Except as provided in par (b), if a parent in whose home a child is placed is convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall change the child's placement to a placement out of the home of the parent on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.
48.357(4d)(b)
(b) Paragraphs (a) and
(am) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.
48.357(5m)(a)(a) 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 workforce 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(5m)(b)
(b) If the court orders the child's parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child's parent to provide that statement to the person or agency primarily responsible for implementing the dispositional order and that person or agency is not the county department or, in a county having a population of 500,000 or more, the department, the court shall also order the child's parent to provide that statement to the county department or, in a county having a population of 500,000 or more, the department by a date specified by the court. The county department or, in a county having a population of 500,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 500,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the child.
48.357(5r)
(5r) The court may not change the placement of an expectant mother of an unborn child in need of protection or services from a placement in the expectant mother's home to a placement outside of the expectant mother's home unless the court finds that the expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.
48.357(6)
(6) No change in placement may extend the expiration date of the original order.
48.357 History
History: 1977 c. 354;
1979 c. 300;
1987 a. 27;
1989 a. 31,
107;
1993 a. 16,
385,
395,
446,
481,
491;
1995 a. 27,
77,
275,
404;
1997 a. 3,
35,
80,
237,
292;
1999 a. 9,
103,
149.
48.357 Annotation
A foster parent is entitled to a hearing under s. 48.64 (4) (a) regarding the person's interest as a foster parent even when placement of the child cannot be affected by the hearing outcome. Bingenheimer v. DHSS,
129 Wis. 2d 100,
383 N.W.2d 898.
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. 46.22,
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 under
s. 49.22 (2m) to the department of workforce development or the county child support agency under
s. 59.53 (5). 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 an expectant mother or 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 of those services or that treatment, if ordered by the court, shall be a charge upon the county in a county having a population of less than 500,000 or the department in a county having a population of 500,000 or more. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the child or from an adult expectant mother as the court may order based on the ability of the parent, guardian or adult expectant mother to pay. This subsection shall be subject to
s. 46.03 (18).
48.36(3)
(3) In determining county or departmental 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(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)1m.
1m. If an adult expectant mother neglects, refuses or is unable to obtain court-ordered alcohol and other drug abuse services for herself through her health insurance or other 3rd-party payments, the judge may order the adult expectant mother to pay for the court-ordered alcohol and drug abuse services. If the adult expectant mother consents to obtain court-ordered alcohol and other drug abuse services for herself through 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 adult expectant mother'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 an alcohol or other drug abuse 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)(b)1.1. In counties that have an alcohol and other drug abuse 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)1m.
1m. In counties that have an alcohol and other drug abuse 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 adult expectant mother's county of legal residence to pay for the court-ordered alcohol and other drug abuse services provided for the adult expectant mother.
