48.25
48.25
Petition: authorization to file. 48.25(1)
(1) A petition initiating proceedings under this chapter shall be signed by a person who has knowledge of the facts alleged or is informed of them and believes them to be true. The district attorney, corporation counsel or other appropriate official specified under
s. 48.09 may file the petition if the proceeding is under
s. 48.13 or
48.133. The counsel or guardian ad litem for a parent, relative, guardian or child may file a petition under
s. 48.13 or
48.14. The counsel or guardian ad litem for an expectant mother or the guardian ad litem for an unborn child may file a petition under
s. 48.133. The district attorney, corporation counsel or other appropriate person designated by the court may initiate proceedings under
s. 48.14 in a manner specified by the court.
48.25(2)
(2) If the proceeding is brought under
s. 48.13 or
48.133, the district attorney, corporation counsel, or other appropriate official shall file the petition, close the case, or refer the case back to intake within 20 days after the date that the intake worker's request was filed. A referral back to intake may be made only when the district attorney, corporation counsel, or other appropriate official decides not to file a petition or determines that further investigation is necessary. If the case is referred back to intake upon a decision not to file a petition, the intake worker shall close the case or enter into an informal disposition within 20 days after the date of the referral. If the case is referred back to intake for further investigation, the appropriate agency or person shall complete the investigation within 20 days after the date of the referral. If another referral is made to the district attorney, corporation counsel, or other appropriate official, it shall be considered a new referral to which the time periods of this subsection apply. The time periods in this subsection may only be extended by a court upon a showing of good cause under
s. 48.315. If a petition is not filed within the applicable time period set forth in this subsection and the court has not granted an extension, the petition shall be accompanied by a statement of reasons for the delay. The court shall grant appropriate relief as provided in
s. 48.315 (3) with respect to any petition that is not filed within the applicable time period specified in this subsection. Failure to object to the fact that a petition is not filed within the applicable time period specified in this subsection waives any challenge to the court's competency to act on the petition.
48.25(3)
(3) If the district attorney, corporation counsel or other appropriate official specified in
s. 48.09 refuses to file a petition, any person may request the judge to order that the petition be filed and a hearing shall be held on the request. The judge may order the filing of the petition on his or her own motion. The matter may not be heard by the judge who orders the filing of a petition.
48.25(6)
(6) If a proceeding is brought under
s. 48.13, any party to or any governmental or social agency involved in the proceeding may petition the court to issue a temporary restraining order and injunction as provided in
s. 813.122 or
813.125. The court exercising jurisdiction under this chapter shall follow the procedure under
s. 813.122 or
813.125 except that the court may combine hearings authorized under
s. 813.122 or
813.125 and this chapter, the petitioner for the temporary restraining order and injunction is not subject to the limitations under
s. 813.122 (2) or
813.125 (2) and no fee is required regarding the filing of the petition under
s. 813.122 or
813.125.
48.25 Annotation
"Good cause" under sub. (2) is determined by first considering the best interests of the child. Additional factors are whether: 1) the party seeking the enlargement of time has acted in good faith; 2) the opposing party is not prejudiced; and 3) the dilatory party took prompt action to remedy the situation. In Interest of F. E. W.
143 Wis. 2d 856,
422 N.W.2d 893 (Ct. App. 1988).
48.25 Annotation
In a case referred by the district attorney of one county to another county, each district attorney had 20 days under sub. (2) to act following the respective referrals by the intake workers of each county. State v. Everett,
231 Wis. 2d 616,
605 N.W.2d 633 (Ct. App. 1999),
98-3444.
48.255
48.255
Petition; form and content. 48.255(1)
(1) A petition initiating proceedings under this chapter, other than a petition under
s. 48.133, shall be entitled, "In the interest of (child's name), a person under the age of 18'' and shall set forth with specificity:
48.255(1)(a)
(a) The name, birth date and address of the child.
48.255(1)(b)
(b) The names and addresses of the child's parent, guardian, legal custodian or spouse, if any; or if no such person can be identified, the name and address of the nearest relative.
48.255(1)(c)
(c) Whether the child is in custody, and, if so, the place where the child is being held and the time he or she was taken into custody unless there is reasonable cause to believe that such disclosure would result in imminent danger to the child or physical custodian.
48.255(1)(cm)
(cm) Whether the child may be subject to the federal Indian Child Welfare Act,
25 USC 1901 to
1963, and, if the child may be subject to that act, the names and addresses of the child's Indian custodian, if any, and Indian tribe, if known.
48.255(1)(e)
(e) If the child is alleged to come within the provisions of
s. 48.13 or
48.14, reliable and credible information which forms the basis of the allegations necessary to invoke the jurisdiction of the court and to provide reasonable notice of the conduct or circumstances to be considered by the court together with a statement that the child is in need of supervision, services, care or rehabilitation.
48.255(1)(f)
(f) If the child is being held in custody outside of his or her home, reliable and credible information showing that continued placement of the child in his or her home would be contrary to the welfare of the child and, unless any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies, reliable and credible information showing that the person who took the child into custody and the intake worker have made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, and to make it possible for the child to return safely home.
48.255(1)(g)
(g) If the petitioner knows or has reason to know that the child is an Indian child, and if the child has been removed from the home of his or her parent or Indian custodian, reliable and credible information showing that continued custody of the child by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child under
s. 48.028 (4) (d) 1. and reliable and credible information showing that active efforts under
s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful. The petition shall set forth with specificity both the information required under this paragraph and the information required under
par. (f).
48.255(1m)
(1m) A petition initiating proceedings under
s. 48.133 shall be entitled "In the interest of (J. Doe), an unborn child, and (expectant mother's name), the unborn child's expectant mother" and shall set forth with specificity:
48.255(1m)(a)
(a) The estimated gestational age of the unborn child.
48.255(1m)(b)
(b) The name, birth date and address of the expectant mother.
48.255(1m)(bm)
(bm) The names and addresses of the parent, guardian, legal custodian or spouse, if any, of the expectant mother, if the expectant mother is a child, the name and address of the spouse, if any, of the expectant mother, if the expectant mother is an adult, or, if no such person can be identified, the name and address of the nearest relative of the expectant mother.
48.255(1m)(c)
(c) Whether the expectant mother is in custody and, if so, the place where the expectant mother is being held and the time when the expectant mother was taken into custody unless there is reasonable cause to believe that disclosure of that information would result in imminent danger to the unborn child, expectant mother or physical custodian.
48.255(1m)(d)
(d) Whether the unborn child, when born, may be subject to the federal Indian Child Welfare Act,
25 USC 1901 to
1963, and, if the unborn child may be subject to that act, the name and address of the Indian tribe in which the unborn child may be eligible for affiliation when born, if known.
48.255(1m)(e)
(e) Reliable and credible information which forms the basis of the allegations necessary to invoke the jurisdiction of the court under
s. 48.133 and to provide reasonable notice of the conduct or circumstances to be considered by the court, together with a statement that the unborn child is in need of protection or care and that the expectant mother is in need of supervision, services, care or rehabilitation.
48.255(1m)(f)
(f) If the expectant mother is a child and the child expectant mother is being held in custody outside of her home, reliable and credible information showing that continued placement of the child expectant mother in her home would be contrary to the welfare of the child expectant mother and, unless any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies, reliable and credible information showing that the person who took the child expectant mother into custody and the intake worker have made reasonable efforts to prevent the removal of the child expectant mother from the home, while assuring that the child expectant mother's health and safety are the paramount concerns, and to make it possible for the child expectant mother to return safely home.
48.255(1m)(g)
(g) If the petitioner knows or has reason to know that the expectant mother is an Indian child, and if the child expectant mother has been removed from the home of her parent or Indian custodian, reliable and credible information showing that continued custody of the child expectant mother by her parent or Indian custodian is likely to result in serious emotional or physical damage to the child expectant mother under
s. 48.028 (4) (d) 1. and reliable and credible information showing that active efforts under
s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful. The petition shall set forth with specificity both the information required under this paragraph and the information required under
par. (f).
48.255(4)
(4) A copy of a petition under
sub. (1) shall be given to the child if the child is 12 years of age or over and to the parents, guardian, legal custodian and physical custodian. A copy of a petition under
sub. (1m) shall be given to the child expectant mother, if 12 years of age or over, her parents, guardian, legal custodian and physical custodian and the unborn child by the unborn child's guardian ad litem or to the adult expectant mother, the unborn child through the unborn child's guardian ad litem and the physical custodian of the expectant mother, if any. If the child is an Indian child who has been removed from the home of his or her parent or Indian custodian or the unborn child will be an Indian child when born, a copy of a petition under
sub. (1) or
(1m) shall also be given to the Indian child's Indian custodian and tribe or the Indian tribe with which the unborn child may be eligible for affiliation when born.
48.255 Annotation
A CHIPS petition that alleged that a child was the victim of sexual abuse, but contained no information giving rise to an inference that there was something the court could do for the child that was not already being provided, was insufficient. Interest of Courtney E.
184 Wis. 2d 592,
516 N.W.2d 422 (1994).
48.257
48.257
Petition to initiate a procedure to waive parental consent prior to a minor's abortion. 48.257(1)
(1) A petition to initiate a proceeding under
s. 48.375 (7) shall be entitled, "In the interest of `Jane Doe', a person under the age of 18", and shall set forth with specificity:
48.257(1)(a)
(a) The name "Jane Doe" and the minor's date of birth.
48.257(1)(b)
(b) A statement that the minor is pregnant and the estimated gestational age of the fetus at the time that the petition is filed, and a statement that the minor is seeking an abortion.
48.257(1)(c)
(c) The name and address of the person who intends to perform or induce the abortion, if known. If that person is not known, the name and address of the clinic or other medical facility that intends to perform or induce the abortion, if known.
48.257(1)(e)
(e) A statement alleging that the minor is mature and well-informed enough to make her own decision on whether or not to have an abortion and facts sufficient to establish that the minor is mature enough and well-informed enough to make her own decision.
48.257(1)(f)
(f) A statement alleging that, if the circuit court does not find that the minor is mature enough and well-informed enough to make her own decision, the circuit court should find that having an abortion is in the minor's best interest and facts sufficient to establish that an abortion is in the minor's best interest.
48.257(1)(g)
(g) A statement acknowledging that the minor has been fully informed of the risks and consequences of abortion and the risks and consequences of carrying the pregnancy to term.
48.257(1)(h)
(h) If the minor is not represented by counsel, the place where and the manner in which the minor wishes to be notified of proceedings under
s. 48.375 (7) until appointment of counsel under
s. 48.375 (7) (a) 1. If the petition is filed by a member of the clergy on behalf of the minor, the place where and manner in which the member of the clergy wishes to be notified of proceedings under
s. 48.375 (7).
48.257(2)
(2) The director of state courts shall provide simplified forms for use in filing a petition under this section to the clerk of circuit court in each county.
48.257(3)
(3) The minor who is seeking the abortion shall sign the name "Jane Doe" on the petition to initiate a proceeding under
s. 48.375 (7). No other person may be required to sign the petition.
48.257(4)
(4) The clerk of circuit court shall give a copy of the petition to the minor or to the member of the clergy who files a petition on behalf of the minor, if any.
48.257(5)
(5) The minor, or the intake worker under
s. 48.067 (7m), shall file the completed petition under this section with the clerk of circuit court.
48.257(6)
(6) No filing fee may be charged for a petition under this section.
48.257 History
History: 1991 a. 263,
315.
48.263
48.263
Amendment of petition. 48.263(1)
(1) Except as provided in
s. 48.255 (3), no petition, process or other proceeding may be dismissed or reversed for any error or mistake if the case and the identity of the child or expectant mother named in the petition may be readily understood by the court; and the court may order an amendment curing the defects.
48.263(2)
(2) With reasonable notification to the interested parties and prior to the taking of a plea under
s. 48.30, the petition may be amended at the discretion of the court or person who filed the petition. After the taking of a plea, the petition may be amended provided any objecting party is allowed a continuance for a reasonable time.
48.27
48.27
Notice; summons. 48.27(1)(a)(a) After a petition has been filed relating to facts concerning a situation specified under
s. 48.13 or a situation specified in
s. 48.133 involving an expectant mother who is a child, unless the parties under
sub. (3) voluntarily appear, the court may issue a summons requiring the person who has legal custody of the child to appear personally, and, if the court so orders, to bring the child before the court at a time and place stated.
48.27(1)(b)
(b) After a petition has been filed relating to facts concerning a situation specified under
s. 48.133 involving an expectant mother who is an adult, unless the adult expectant mother voluntarily appears, the court may issue a summons requiring the adult expectant mother to appear personally before the court at a time and place stated.
48.27(2)
(2) Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the court, is necessary.
48.27(3)(a)1.1. If the petition that was filed relates to facts concerning a situation under
s. 48.13 or a situation under
s. 48.133 involving an expectant mother who is a child, the court shall notify, under
s. 48.273, the child, any 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 unborn child by the unborn child's guardian ad litem, if applicable, and any person specified in
par. (b),
(d), or
(e), if applicable, of all hearings involving the child except hearings on motions for which notice must be provided only to the child and his or her counsel. If parents who are entitled to notice have the same place of residence, notice to one constitutes notice to the other. The first notice to any interested party, foster parent, treatment foster parent, or other physical custodian described in
s. 48.62 (2) shall be in writing and may have a copy of the petition attached to it. Notices of subsequent hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.
48.27 Note
NOTE: Subd. 1. is repealed and recreated by
2009 Wis. Act 94 effective the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9), as created by
2009 Wisconsin Act 28 to read:
Effective date text
1. If the petition that was filed relates to facts concerning a situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother who is a child, the court shall notify, under s. 48.273, the child, any parent, guardian, and legal custodian of the child, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the unborn child by the unborn child's guardian ad litem, if applicable, and any person specified in par. (b), (d), or (e), if applicable, of all hearings involving the child except hearings on motions for which notice must be provided only to the child and his or her counsel. If parents who are entitled to notice have the same place of residence, notice to one constitutes notice to the other. The first notice to any interested party, foster parent, or other physical custodian described in s. 48.62 (2) shall be in writing and may have a copy of the petition attached to it. Notices of subsequent hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.
48.27(3)(a)1m.
1m. The court shall give a foster parent, treatment foster parent, or other physical custodian described in
s. 48.62 (2) who is notified of a hearing under
subd. 1. a right 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, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent, or other physical custodian described in
s. 48.62 (2) who receives a notice of a hearing under
subd. 1. and a right to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.
Effective date note
NOTE: Subd. 1m. is repealed and recreated by
2009 Wis. Act 79 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
1m. The court shall give a foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 1. a right to be heard at the hearing by permitting the 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, relevant to the issues to be determined at the hearing. A foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. and a right to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.
48.27(3)(a)2.
2. Failure to give notice under
subd. 1. to a foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) does not deprive the court of jurisdiction in the action or proceeding. If a foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) is not given notice of a hearing under
subd. 1., that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.
Effective date note
NOTE: Subd. 2. is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
2. Failure to give notice under subd. 1. to a foster parent or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the action or proceeding. If a foster parent or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under subd. 1., that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.
48.27(3)(b)1.1. Except as provided in
subd. 2., if the petition that was filed relates to facts concerning a situation under
s. 48.13 or a situation under
s. 48.133 involving an expectant mother who is a child and if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry as provided under
s. 767.803 and if paternity has not been established, the court shall notify, under
s. 48.273, all of the following persons:
48.27(3)(b)1.b.
b. A person alleged to the court to be the father of the child or who may, based on the statements of the mother or other information presented to the court, be the father of the child.
48.27(3)(b)2.
2. A court is not required to provide notice, under
subd. 1., to any person who may be the father of a child conceived as a result of a sexual assault if a physician attests to his or her belief that there was a sexual assault of the child's mother that may have resulted in the child's conception.
48.27(3)(c)
(c) If the petition that was filed relates to facts concerning a situation under
s. 48.133 involving an expectant mother who is an adult, the court shall notify, under
s. 48.273, the unborn child by the unborn child's guardian ad litem, the expectant mother, the physical custodian of the expectant mother, if any, and any person specified in
par. (d), if applicable, of all hearings involving the unborn child and expectant mother except hearings on motions for which notice need only be provided to the expectant mother and her counsel and the unborn child through the unborn child's guardian ad litem. The first notice to any interested party shall be written and may have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.
48.27(3)(d)
(d) If the petition that was filed relates to facts concerning a situation under
s. 48.13 or
48.133 involving an Indian child who has been removed from the home of his or her parent or Indian custodian or a situation under
s. 48.133 involving an unborn child who, when born, will be an Indian child, the court shall notify, under
s. 48.273, the Indian child's Indian custodian and tribe or the Indian tribe with which the unborn child may be eligible for affiliation when born and that Indian custodian or tribe may intervene at any point in the proceeding.
48.27(3)(e)
(e) If the petition that was filed relates to facts concerning a situation under
s. 48.13, the court shall also notify, under
s. 48.273, the court-appointed special advocate for the child of all hearings involving the child. The first notice to a court-appointed special advocate shall be written and shall have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time that notice was given and the person to whom he or she spoke.
48.27(4)(a)1.
1. Contain the name of the child, and the nature, location, date and time of the hearing.
48.27(4)(a)2.
2. Advise the child and any party, if applicable, of his or her right to legal counsel regardless of ability to pay.
48.27(4)(b)1.
1. Contain the name of the adult expectant mother, and the nature, location, date and time of the hearing.
48.27(4)(b)2.
2. Advise the adult expectant mother of her right to legal counsel regardless of ability to pay.
48.27(5)
(5) Subject to
sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal interest under
s. 48.025, any person who has acknowledged paternity of the child under
s. 767.805 (1), and any person who has been adjudged to be the father of the child in a judicial proceeding unless the person's parental rights have been terminated.
48.27(6)
(6) When a proceeding is initiated under
s. 48.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court. If the child who is the subject of the proceeding is in the care of a foster parent, treatment foster parent, or other physical custodian described in
s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian notice and a right to be heard as provided in
sub. (3) (a).
Effective date note
NOTE: Sub. (6) is repealed and recreated by
2009 Wis. Act 79 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(6) When a proceeding is initiated under s. 48.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court. If the child who is the subject of the proceeding is in the care of a foster parent or other physical custodian described in s. 48.62 (2), the court shall give the foster parent or other physical custodian notice and a right to be heard as provided in sub. (3) (a).
48.27(8)
(8) When a petition is filed under
s. 48.13 or when a petition involving an expectant mother who is a child is filed under
s. 48.133, the court shall notify, in writing, the child's parents or guardian that they may be ordered to reimburse this state or the county for the costs of legal counsel provided for the child, as provided under
s. 48.275 (2).
48.27(9)
(9) Subsections (1) to
(8) do not apply in any proceeding under
s. 48.375 (7). For proceedings under
s. 48.375 (7), the circuit court shall provide notice only to the minor, her counsel, if any, the member of the clergy who filed the petition on behalf of the minor, if any, and her guardian ad litem, if any. The notice shall contain the title and case number of the proceeding, and the nature, location, date and time of the hearing or other proceeding. Notice to the minor or to the member of the clergy, if any, shall be provided as requested under
s. 48.257 (1) (h) and, after appointment of the minor's counsel, if any, by her counsel.
