Effective date note
NOTE: Par. (c) 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
(c) A foster home licensed under s. 48.62, a group home licensed under s. 48.625, or in the home of a guardian under s. 48.977 (2).
48.345(3)(cm)
(cm) A group home described in
s. 48.625 (1m) if the child is at least 12 years of age, is a custodial parent, as defined in
s. 49.141 (1) (b), or an expectant mother, is receiving inadequate care, and is in need of a safe and structured living arrangement.
48.345(3)(d)
(d) A residential treatment center operated by a child welfare agency licensed under
s. 48.60.
48.345(3m)
(3m) Subject to
s. 48.028 (7) (c), if the child is an Indian child who is being removed from the home of his or her parent or Indian custodian and placed outside of that home, designate one of the placements listed in
s. 48.028 (7) (b) 1. to
4. as the placement for the Indian child, in the order of preference listed, unless the court finds good cause, as described in
s. 48.028 (7) (e), for departing from that order.
48.345(4)
(4) If it is shown that the rehabilitation or the treatment and care of the child cannot be accomplished by means of voluntary consent of the parent or guardian, transfer legal custody to any of the following:
48.345(4)(b)
(b) The county department in a county having a population of less than 500,000.
48.345(4)(bm)
(bm) The department in a county having a population of 500,000 or more.
48.345(6)(a)(a) If the child is in need of special treatment or care, as identified in an evaluation under
s. 48.295 and the report under
s. 48.33, the judge may order the child's parent to provide the special treatment or care. If the parent fails or is financially unable to provide the special treatment or care, the judge may order an appropriate agency to provide the special treatment or care whether or not legal custody has been taken from the parents. If a judge orders a county department under
s. 51.42 or
51.437 to provide special treatment or care under this paragraph, the provision of that special treatment or care shall be subject to conditions specified in
ch. 51. An order of special treatment or care under this paragraph may not include an order for the administration of psychotropic drugs.
48.345(6)(b)
(b) Payment for the special treatment or care that relates to alcohol and other drug abuse services ordered under
par. (a) shall be in accordance with
s. 48.361.
48.345(6)(c)
(c) Payment for services provided under
ch. 51 that are ordered under
par. (a), other than alcohol and other drug abuse services, shall be in accordance with
s. 48.362.
48.345(6m)
(6m) If the report prepared under
s. 48.33 (1) recommends that the child is in need of a coordinated services plan of care and if an initiative under
s. 46.56 has been established in the county or, for a child who is a member of a tribe, as defined in
s. 46.56 (1) (q), by a tribe, the judge may order an assessment of the child and the child's family for eligibility for and appropriateness of the initiative, and if eligible for enrollment in the initiative, that a coordinated services plan of care be developed and implemented.
48.345(10)(a)(a) The judge may order that a child, on attaining 17 years of age, be allowed to live independently, either alone or with friends, under such supervision as the judge deems appropriate.
48.345(10)(b)
(b) If the plan for independent living cannot be accomplished with the consent of the parent or guardian, the judge may transfer custody of the child as provided in
sub. (4) (a) to
(c).
48.345(10)(c)
(c) The judge may order independent living as a dispositional alternative only upon a showing that the child is of sufficient maturity and judgment to live independently and only upon proof of a reasonable plan for supervision by an appropriate person or agency.
48.345(12)(a)(a) Except as provided in
par. (d), the judge may order the child to attend any of the following:
48.345(12)(a)1.
1. A nonresidential educational program, including a program for children at risk under
s. 118.153, provided by the school district in which the child resides.
48.345(12)(a)2.
2. Pursuant to a contractual agreement with the school district in which the child resides, a nonresidential educational program provided by a licensed child welfare agency.
48.345(12)(a)3.
3. Pursuant to a contractual agreement with the school district in which the child resides, an educational program provided by a private, nonprofit, nonsectarian agency that is located in the school district in which the child resides and that complies with
42 USC 2000d.
48.345(12)(a)4.
4. Pursuant to a contractual agreement with the school district in which the child resides, an educational program provided by a technical college district located in the school district in which the child resides.
48.345(12)(a)5.
5. Pursuant to a contractual agreement with the school district in which the child resides, an educational program provided by a tribal school.
48.345(12)(b)
(b) The judge shall order the school board to disclose the child's pupil records, as defined under
s. 118.125 (1) (d), to the county department, department, in a county having a population of 500,000 or more, or licensed child welfare agency responsible for supervising the child, as necessary to determine the child's compliance with the order under
par. (a).
48.345(12)(c)
(c) The judge shall order the county department, department, in a county having a population of 500,000 or more, or licensed child welfare agency responsible for supervising the child to disclose to the school board, technical college district board, tribal school, or private, nonprofit, nonsectarian agency which is providing an educational program under
par. (a) 3. records or information about the child, as necessary to assure the provision of appropriate educational services under
par. (a).
48.345(13)
(13) Alcohol or drug treatment or education. 48.345(13)(a)(a) If the report prepared under
s. 48.33 (1) recommends that the child is in need of treatment for the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the child to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the approved treatment facility and 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, or with the written informed consent of the child or the child's parent if the child has not attained the age of 12, report to the agency primarily responsible for providing services to the child as to whether the child is cooperating with the treatment and whether the treatment appears to be effective.
48.345(13)(b)
(b) If the report prepared under
s. 48.33 (1) recommends that the child is in need of education relating to the use of alcohol beverages, controlled substances or controlled substance analogs, the court may order the child to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the education program and 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, or with the written informed consent of the child or the child's parent if the child has not attained the age of 12, report to the agency primarily responsible for providing services to the child about the child's attendance at the program.
48.345(13)(c)
(c) Payment for the court ordered treatment or education under this subsection in counties that have an alcohol and other drug abuse program under
s. 48.547 shall be in accordance with
s. 48.361.
48.345(14)(a)(a) If, based on an evaluation under
s. 48.295 and the report under
s. 48.33, the judge finds that the child expectant mother of an unborn child in need of protection or services is in need of inpatient treatment for her habitual lack of self-control in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the child expectant mother's needs and that inpatient treatment is the least restrictive treatment consistent with the child expectant mother's needs, the judge may order the child expectant mother to enter an inpatient alcohol or other drug abuse treatment program at an inpatient facility, as defined in
s. 51.01 (10). The inpatient facility shall, under the terms of a service agreement between the inpatient facility and 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, or with the written and informed consent of the child expectant mother or the child expectant mother's parent if the child expectant mother has not attained the age of 12, report to the agency primarily responsible for providing services to the child expectant mother as to whether the child expectant mother is cooperating with the treatment and whether the treatment appears to be effective.
48.345(15)
(15) If it appears that an unborn child in need of protection or services may be born during the period of the dispositional order, the judge may order that the child, when born, be provided with any services or care that may be ordered for a child in need of protection or services under this section.
48.345 History
History: 1971 c. 125;
1977 c. 354;
1979 c. 300;
1987 a. 285;
1989 a. 31,
107;
1993 a. 363,
377,
385,
491;
1995 a. 27;
1995 a. 77 ss.
235 to
237,
239,
241,
249,
250,
257 to
263;
1995 a. 225,
448;
1997 a. 27,
80,
164,
292;
1999 a. 9,
149;
2001 a. 59,
69;
2005 a. 25,
387;
2009 a. 28,
94,
185,
302,
334.
48.347
48.347
Disposition of unborn child of adult expectant mother adjudged in need of protection or services. If the judge finds that the unborn child of an adult expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any adult expectant mother of an unborn child not specifically found under
ch. 51,
54, or
55 to be developmentally disabled or mentally ill in a facility that exclusively treats those categories of individuals, and the court may not place any adult expectant mother of an unborn child in need of protection or services outside of the adult expectant mother's home unless the court finds that the adult 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. If the judge finds that the unborn child of a child expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in
s. 48.345 under a care and treatment plan. The dispositions under this section are as follows:
48.347(1)
(1) Counseling. Counsel the adult expectant mother.
48.347(2)
(2) Supervision. Place the adult expectant mother under supervision of the county department, the department, if the department approves, or a suitable adult, including an adult relative or friend of the adult expectant mother, under conditions prescribed by the judge including reasonable rules for the adult expectant mother's conduct, designed for the physical well-being of the unborn child. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or prenatal development training or education and to make a reasonable contribution, based on ability to pay, for the cost of those services.
48.347(3)
(3) Placement. Designate one of the following as the placement for the adult expectant mother:
48.347(3)(a)
(a) The home of an adult relative or friend of the adult expectant mother.
48.347(4)(a)(a) If the adult expectant mother is in need of special treatment or care, as identified in an evaluation under
s. 48.295 and the report under
s. 48.33, the judge may order the adult expectant mother to obtain the special treatment or care. If the adult expectant mother fails or is financially unable to obtain the special treatment or care, the judge may order an appropriate agency to provide the special treatment or care. If a judge orders a county department under
s. 51.42 or
51.437 to provide special treatment or care under this paragraph, the provision of that special treatment or care shall be subject to conditions specified in
ch. 51. An order of special treatment or care under this paragraph may not include an order for the administration of psychotropic drugs.
48.347(4)(b)
(b) Payment for any special treatment or care that relates to alcohol and other drug abuse services ordered under
par. (a) shall be in accordance with
s. 48.361.
48.347(4)(c)
(c) Payment for any services provided under
ch. 51 that are ordered under
par. (a), other than alcohol and other drug abuse services, shall be in accordance with
s. 48.362.
48.347(5)
(5) Alcohol or drug treatment or education. 48.347(5)(a)(a) If the report prepared under
s. 48.33 (1) recommends that the adult expectant mother is in need of treatment for the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the adult expectant mother to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the approved treatment facility and 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, or with the written informed consent of the adult expectant mother, report to the agency primarily responsible for providing services to the adult expectant mother as to whether the adult expectant mother is cooperating with the treatment and whether the treatment appears to be effective.
48.347(5)(b)
(b) If the report prepared under
s. 48.33 (1) recommends that the adult expectant mother is in need of education relating to the use of alcohol beverages, controlled substances or controlled substance analogs, the court may order the adult expectant mother to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the education program and 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, or with the written informed consent of the adult expectant mother, report to the agency primarily responsible for providing services to the adult expectant mother about the adult expectant mother's attendance at the program.
48.347(5)(c)
(c) Payment for any treatment or education ordered under this subsection in counties that have an alcohol and other drug abuse program under
s. 48.547 shall be in accordance with
s. 48.361.
48.347(6)
(6) Inpatient alcohol or drug treatment. 48.347(6)(a)(a) If, based on an evaluation under
s. 48.295 and the report under
s. 48.33, the judge finds that the adult expectant mother is in need of inpatient treatment for her habitual lack of self-control in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the adult expectant mother's needs and that inpatient treatment is the least restrictive treatment consistent with the adult expectant mother's needs, the judge may order the adult expectant mother to enter an inpatient alcohol or other drug abuse treatment program at an inpatient facility, as defined in
s. 51.01 (10). The inpatient facility shall, under the terms of a service agreement between the inpatient facility and 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, or with the written and informed consent of the adult expectant mother, report to the agency primarily responsible for providing services to the adult expectant mother as to whether the adult expectant mother is cooperating with the treatment and whether the treatment appears to be effective.
48.347(7)
(7) Services for child when born. If it appears that the unborn child may be born during the period of the dispositional order, the judge may order that the child, when born, be provided any services or care that may be ordered for a child in need of protection or services under
s. 48.345.
48.347 History
History: 1997 a. 292;
2005 a. 387.
48.35
48.35
Effect of judgment and disposition. 48.35(1)(a)(a) The judge shall enter a judgment setting forth his or her findings and disposition in the proceeding.
48.35(1)(b)
(b) The disposition of a child or an unborn child, and any record of evidence given in a hearing in court, shall not be admissible as evidence against the child or the expectant mother of the unborn child in any case or proceeding in any other court except for the following:
48.35(1)(b)1.
1. In sentencing proceedings after the child or expectant mother has been convicted of a felony or misdemeanor and then only for the purpose of a presentence investigation.
48.35(1)(b)2.
2. In a proceeding in any court assigned to exercise jurisdiction under this chapter and
ch. 938.
48.35(1)(b)3.
3. In a court of civil or criminal jurisdiction while it is exercising jurisdiction over an action affecting the family and is considering the custody of a child.
48.35(2)
(2) Except as specifically provided in
sub. (1), this section does not preclude the court from disclosing information to qualified persons if the court considers the disclosure to be in the best interests of the child or unborn child or of the administration of justice.
48.355
48.355
Dispositional orders. 48.355(1)
(1)
Intent. In any order under
s. 48.345 or
48.347 the judge shall decide on a placement and treatment finding based on evidence submitted to the judge. The disposition shall employ those means necessary to maintain and protect the well-being of the child or unborn child which are the least restrictive of the rights of the parent and child, of the rights of the parent and child expectant mother or of the rights of the adult expectant mother, and which assure the care, treatment or rehabilitation of the child and the family, of the child expectant mother, the unborn child and the family or of the adult expectant mother and the unborn child, consistent with the protection of the public. When appropriate, and, in cases of child abuse or neglect or unborn child abuse, when it is consistent with the best interest of the child or unborn child in terms of physical safety and physical health, the family unit shall be preserved and there shall be a policy of transferring custody of a child from the parent or of placing an expectant mother outside of her home only when there is no less drastic alternative. If there is no less drastic alternative for a child than transferring custody from the parent, the judge shall consider transferring custody to a relative whenever possible.
48.355(2)
(2) Content of order; copy to parent. 48.355(2)(a)(a) In addition to the order, the judge shall make written findings of fact and conclusions of law based on the evidence presented to the judge to support the disposition ordered, including findings as to the condition and need for special treatment or care of the child or expectant mother if an examination or assessment was conducted under
s. 48.295. A finding may not include a finding that a child or an expectant mother is in need of psychotropic medications.
48.355(2)(b)
(b) The court order shall be in writing and shall contain:
48.355(2)(b)1.
1. The specific services to be provided to the child and family, to the child expectant mother and family, or to the adult expectant mother and, if custody of the child is to be transferred to effect the treatment plan, the identity of the legal custodian.
48.355(2)(b)1m.
1m. A notice that the child's parent, guardian or legal custodian, the child, if 14 years of age or over, the expectant mother, if 14 years of age or over, or the unborn child by the unborn child's guardian ad litem may request an agency that is providing care or services for the child or expectant mother or that has legal custody of the child to disclose to, or make available for inspection by, the parent, guardian, legal custodian, child, expectant mother or unborn child by the unborn child's guardian ad litem the contents of any record kept or information received by the agency about the child or expectant mother as provided in
s. 48.78 (2) (ag) and
(aj).
48.355(2)(b)2.
2. If the child is placed outside the home, the name of the place or facility, including transitional placements, where the child shall be cared for or treated, except that if the placement is a foster home or treatment foster home and the name and address of the foster parent or treatment foster parent is not available at the time of the order, the name and address of the foster parent or treatment foster parent shall be furnished to the court and the parent within 21 days of the order. If, after a hearing on the issue with due notice to the parent or guardian, the judge finds that disclosure of the identity of the foster parent or treatment foster parent would result in imminent danger to the child, the foster parent or the treatment foster parent, the judge may order the name and address of the prospective foster parents or treatment foster parents withheld from the parent or guardian.
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. If the child is placed outside the home, the name of the place or facility, including transitional placements, where the child will be cared for or treated, except that if the placement is a foster home and if the name and address of the foster parent is not available at the time of the order, the name and address of the foster parent shall be furnished to the court and the parent within 21 days after the order. If, after a hearing on the issue with due notice to the parent or guardian, the judge finds that disclosure of the identity of the foster parent would result in imminent danger to the child or the foster parent, the judge may order the name and address of the prospective foster parents to be withheld from the parent or guardian.
48.355(2)(b)2m.
2m. If the adult expectant mother is placed outside her home, the name of the place or facility, including transitional placements, where the expectant mother shall be treated.
48.355(2)(b)4.
4. If the child is placed outside the child's home, a designation of the amount of support, if any, to be paid by the child's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county child support agency under
s. 59.53 (5) for establishment of child support.
48.355(2)(b)4m.
4m. If the child is placed outside the home and if the child's parent has not already provided a statement of income, assets, debts and living expenses to the county department or, in a county having a population of 500,000 or more, the department under
s. 48.30 (6) (b) or
(c) or
48.31 (7) (b) or
(c), an order for the 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.
48.355(2)(b)5.
5. For a child placed outside his or her home pursuant to an order under
s. 48.345, a permanency plan under
s. 48.38 if one has been prepared.
48.355(2)(b)6.
6. If the child is placed outside the home, a finding that continued placement of the child in his or her home would be contrary to the welfare of the child, 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 to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless the court finds that any of the circumstances specified in
sub. (2d) (b) 1. to
5. applies, and, if a permanency plan has previously been prepared for the child, a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan[,] including, if appropriate, through an out-of-state placement. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the court order{,}. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.
48.355 Note
NOTE: Subd. 6. is shown as affected by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i). The comma in square brackets was removed by
2009 Wis. Act 185, but its reinsertion is required. The comma in curly brackets was inserted by
2009 Wis. Act 79, but is unnecessary. Corrective legislation is pending.
48.355(2)(b)6g.
6g. If the child is placed outside the home under the supervision of the county department or, in a county having a population of 500,000 or more, the department, an order ordering the child into the placement and care responsibility of the county department or department as required under
42 USC 672 (a) (2) and assigning the county department or department primary responsibility for providing services to the child.
48.355(2)(b)6m.
6m. If the child is placed outside the home in a placement recommended by the agency designated under
s. 48.33 (1), a statement that the court approves the placement recommended by the agency or, if the child is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the child's placement.
48.355(2)(b)6p.
6p. If the child is placed outside the home and if the child has one or more siblings, as defined in
s. 48.38 (4) (br) 1., who have also been placed outside the home, 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 to place the child in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the court shall order the county department, department, or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
48.355(2)(b)6r.
6r. If the court finds that any of the circumstances specified in
sub. (2d) (b) 1. to
5. applies with respect to a parent, a determination that the county department, department, in a county having a population of 500,000 or more, or agency primarily responsible for providing services under the court order is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home.
48.355(2)(b)6v.
6v. If the child is an Indian child who is being removed from the home of his or her parent or Indian custodian and placed outside that home, a finding supported by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that continued custody of the Indian child by the 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 a finding 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 findings under this subdivision shall be in addition to the findings under
subd. 6., except that for the sole purpose of determining whether the cost of providing care for an Indian child is eligible for reimbursement under
42 USC 670 to
679b, the findings under this subdivision and the findings under
subd. 6. shall be considered to be the same findings. The findings under this subdivision are not required if they were made in a previous order in the proceeding unless a change in circumstances warrants new findings.
48.355(2)(b)7.
7. A statement of the conditions with which the child or expectant mother is required to comply.
