48.028(7)(e)1.a.
a. When appropriate, the request of the Indian child's parent or, if the Indian child is of sufficient age and developmental level to make an informed decision, the Indian child, unless the request is made for the purpose of avoiding the application of this section and the federal Indian Child Welfare Act,
25 USC 1901 to
1963.
48.028(7)(e)1.b.
b. Any extraordinary physical, mental, or emotional health needs of the Indian child requiring highly specialized treatment services as established by the testimony of an expert witness, including a qualified expert witness. The length of time that an Indian child has been in a placement does not, in itself, constitute an extraordinary emotional health need.
48.028(7)(e)1.c.
c. The unavailability of a suitable placement for the Indian child after diligent efforts have been made to place the Indian child in the order of preference under
par. (a),
(b), or
(c).
48.028(7)(e)2.
2. The burden of establishing good cause to depart from the order of placement preference under
par. (a),
(b), or
(c) shall be on the party requesting that departure.
48.028(7)(f)
(f)
Report of placement. The department, a county department, or a child welfare agency shall maintain a record of each adoptive placement, out-of-home care placement, and preadoptive placement made of an Indian child, evidencing the efforts made to comply with the placement preference requirements specified in this subsection, and shall make that record available at any time on the request of the U.S. secretary of the interior or the Indian child's tribe.
48.028(8)(a)(a)
Adoption vacated, set aside, or terminated. If a final order granting adoption of an Indian child is vacated or set aside or if the parental rights to an Indian child of all adoptive parents of the Indian child are voluntarily terminated, the Indian child's former parent or former Indian custodian may petition for the return of custody of the Indian child. On receipt of a return of custody petition, the court shall set a date for a hearing on the petition that allows reasonable time for the parties to prepare. The court shall provide notice of the hearing to the guardian and legal custodian of the Indian child, to all other interested parties as provided in
s. 48.27 (6), and to the Indian child's former parent and former Indian custodian. At the conclusion of the hearing, the court shall grant a petition for the return of custody of the Indian child to the Indian child's former parent or former Indian custodian unless there is a showing that return of custody is not in the best interests of the Indian child.
48.028(8)(b)
(b)
Removal from out-of-home care placement. If an Indian child is removed from an out-of-home care placement for the purpose of placing the Indian child in another out-of-home care placement, a preadoptive placement, or an adoptive placement, the placement shall be made in accordance with this section. Removal of an Indian child from an out-of-home care placement for the purpose of returning the Indian child to the home of the parent or Indian custodian from whose custody the Indian child was originally removed is not subject to this section.
48.028(9)(a)(a)
Provision of information to U.S. secretary of the interior. At the time a court enters an order granting adoption of an Indian child, the court shall provide the U.S. secretary of the interior with a copy of the order, together with such other records and papers pertaining to the adoption proceeding as may be necessary to provide that secretary with all of the following information:
48.028(9)(a)1.
1. The name and tribal affiliation of the Indian child.
48.028(9)(a)2.
2. The names and addresses of the Indian child's birth parents.
48.028(9)(a)3.
3. The names and addresses of the Indian child's adoptive parents.
48.028(9)(a)4.
4. The identity of any agency that has in its possession any files or information relating to the adoptive placement of the Indian child.
48.028(9)(b)
(b)
Confidentiality of parent's identity. The court shall give the birth parent of an Indian child the opportunity to file an affidavit indicating that the birth parent wishes the U.S. secretary of the interior to maintain the confidentiality of the birth parent's identity. If the birth parent files that affidavit, the court shall include the affidavit with the information provided to the U.S. secretary of the interior under
par. (a), and that secretary shall maintain the confidentiality of the birth parent's identity as required under
25 USC 1951 (a) and (b).
48.028(9)(c)
(c)
Provision of tribal affiliation to adoptee. At the request of an Indian adoptee who is 18 years of age or older, the court that entered the order granting adoption of the adoptee shall provide or arrange to provide the adoptee with the tribal affiliation, if any, of the adoptee's birth parents and with such other information as may be necessary to protect any rights accruing to the adoptee as a result of that affiliation.
48.028(10)
(10) Higher state or federal standard applicable. The federal Indian Child Welfare Act,
25 USC 1901 to
1963, supersedes this chapter in any Indian child custody proceeding governed by that act, except that in any case in which this chapter provides a higher standard of protection for the rights of an Indian child's parent or Indian custodian than the rights provided under that act, the court shall apply the standard under this chapter.
48.028 Annotation
When the children's code provides safeguards in addition to those in the Indian child welfare act, those safeguards should be followed. In Re Interest of D.S.P.
166 Wis. 2d 464,
480 N.W.2d 234 (1992).
48.029
48.029
Pregnancy testing prohibited. No law enforcement agency, district attorney, corporation counsel, county department, licensed child welfare agency or other person involved in the investigation or prosecution of an allegation that an unborn child has been the victim of or is at substantial risk of abuse may, without a court order, require a person to take a pregnancy test in connection with that investigation or prosecution.
48.029 History
History: 1997 a. 292.
ORGANIZATION OF COURT
48.03
48.03
Time and place of court; absence or disability of judge; court of record. 48.03(1)
(1) The judge shall set apart a time and place to hold court on juvenile matters.
48.03(2)
(2) In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and
ch. 938, another judge shall be assigned under
s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses as provided under
s. 753.073.
48.035
48.035
Court; Menominee and Shawano counties. Menominee County is attached to Shawano County for judicial purposes to the extent of the jurisdiction and functions of the court assigned to exercise jurisdiction under this chapter and
ch. 938 and the office and functions of the judge of the court, and the duly designated judge of the court assigned to exercise jurisdiction under this chapter and
ch. 938 of the circuit court for Menominee and Shawano counties shall serve in both counties. The county boards of Menominee County and Shawano County shall enter into an agreement on administration of this section and the prorating of expenditures involved, and for such purposes the county board of supervisors of Menominee County may appropriate, levy and collect a sum each year sufficient to pay its share of the expenses. If the 2 county boards are unable to agree on the prorating of expenditure involved, then the circuit judges for the circuit court for Menominee and Shawano counties shall, upon appropriate notice and hearing, determine the prorating of the expenditures on the basis of a fair allocation to each county under such procedure as they prescribe. If the circuit judges are unable to agree, the chief judge of the judicial administrative district shall make the determination.
48.035 History
History: 1977 c. 449;
1995 a. 77.
48.04
48.04
Employees of court. If the county contains one or more cities of the 2nd or 3rd class, the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district, may appoint, by an instrument in writing, filed with the county clerk, a clerk of court for juvenile matters and such deputies as may be needed, who shall perform the duties of clerk and reporter of the court as directed by the judges. The clerk and deputies shall take and file the official oath and shall receive such salary as the county board of supervisors determines.
48.06
48.06
Services for court. 48.06(1)(1)
Counties with a population of 500,000 or more. 48.06(1)(a)1.1. In counties with a population of 500,000 or more, the department shall provide the court with the services necessary for investigating and supervising child welfare and unborn child welfare cases under this chapter. The department is charged with providing child welfare and unborn child welfare intake and dispositional services and with administration of the personnel and services of the child welfare and unborn child welfare intake and dispositional sections of the department. The department shall include investigative services for all children and unborn children alleged to be in need of protection or services to be provided by the department.
48.06(1)(a)2.
2. The chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for child welfare matters under this chapter and the department shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court.
48.06(1)(a)3.
3. The county board of supervisors does not have authority and may not assert jurisdiction over the disposition of any case, child, unborn child or expectant mother of an unborn child after a written order is made under
s. 48.21 or
48.213 or if a petition is filed under
s. 48.25.
48.06(1)(am)1.1. All intake workers providing services under this chapter who begin employment after May 15, 1980, shall have the qualifications required to perform entry level social work in a county department and shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.
48.06(1)(am)2.
2. The department shall make training programs available annually that permit intake workers who provide services under this chapter to satisfy the requirements specified under
subd. 1.
48.06(1)(am)3.
3. Each intake worker providing services under this chapter whose responsibilities include investigation or treatment of child abuse or neglect or unborn child abuse shall successfully complete additional training in child abuse and neglect and unborn child abuse protective services approved by the department under
s. 48.981 (8) (d). Not more than 4 hours of the additional training may be applied to the requirement under
subd. 1.
48.06(2)
(2) Counties with a population under 500,000. 48.06(2)(a)(a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by
s. 48.067 and the staff needed to carry out the objectives and provisions of this chapter under
s. 48.069. Intake services shall be provided by employees of the court or county department and may not be subcontracted to other individuals or agencies, except any county which had intake services subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract intake services from the county sheriff's department. Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into an informal disposition, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.
48.06(2)(b)1.1. All intake workers providing services under this chapter who begin employment after May 15, 1980, shall have the qualifications required to perform entry level social work in a county department and shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this paragraph according to rules promulgated by the department.
48.06(2)(b)2.
2. The department shall make training programs available annually that permit intake workers who provide services under this chapter to satisfy the requirements specified under
subd. 1.
48.06(2)(c)
(c) Each intake worker providing services under this chapter whose responsibilities include investigation or treatment of child abuse or neglect or unborn child abuse shall successfully complete additional training in child abuse and neglect and unborn child abuse protective services approved by the department under
s. 48.981 (8) (d). Not more than 4 hours of the additional training may be applied to the requirement under
par. (b).
48.06(3)
(3) Intake services. The court, the department in a county having a population of 500,000 or more or the county department responsible for providing intake services under
s. 48.067 shall specify one or more persons to provide intake services. If there is more than one such worker, one of the workers shall be designated as chief worker and shall supervise other workers.
48.06(4)
(4) State aid. State aid to any county for court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under
s. 48.569. Counties having a population of less than 500,000 may use funds received under
s. 48.569 (1) (d), including county or federal revenue sharing funds allocated to match funds received under
s. 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.
48.06 History
History: 1971 c. 125;
1975 c. 39,
199,
302,
307,
422;
1977 c. 271;
1977 c. 354 ss.
10 to
14,
101;
1977 c. 447,
449;
1979 c. 34,
300;
1981 c. 20 s.
2202 (20) (o);
1981 c. 93 s.
186;
1981 c. 314,
329;
1983 a. 239;
1985 a. 29,
176;
1987 a. 151,
399;
1991 a. 274;
1995 a. 27;
1997 a. 27,
80,
292;
2001 a. 61;
2007 a. 20.
48.06 Cross-reference
Cross-reference: See also ch.
DCF 49, Wis. adm. code.
48.067
48.067
Powers and duties of intake workers. To carry out the objectives and provisions of this chapter but subject to its limitations, intake workers shall:
48.067(1)
(1) Provide intake services 24 hours a day, 7 days a week, for the purpose of screening children taken into custody and not released under
s. 48.20 (2) and the adult expectant mothers of unborn children taken into custody and not released under
s. 48.203 (1).
48.067(2)
(2) Interview, unless impossible, any child or expectant mother of an unborn child who is taken into physical custody and not released, and when appropriate interview other available concerned parties. If the child cannot be interviewed, the intake worker shall consult with the child's parent or a responsible adult. If an adult expectant mother of an unborn child cannot be interviewed, the intake worker shall consult with an adult relative or friend of the adult expectant mother. No child may be placed in a juvenile detention facility unless the child has been interviewed in person by an intake worker, except that if the intake worker is in a place which is distant from the place where the child is or the hour is unreasonable, as defined by written court intake rules, and if the child meets the criteria under
s. 48.208, the intake worker, after consulting by telephone with the law enforcement officer who took the child into custody, may authorize the secure holding of the child while the intake worker is en route to the in-person interview or until 8 a.m. of the morning after the night on which the child was taken into custody.
48.067(3)
(3) Determine whether the child or the expectant mother of an unborn child shall be held under
s. 48.205 and such policies as the judge shall promulgate under
s. 48.06 (1) or
(2).
48.067(4)
(4) If the child or the expectant mother of an unborn child is not released, determine where the child or expectant mother shall be held.
48.067(5)
(5) Provide crisis counseling during the intake process when such counseling appears to be necessary.
48.067(6)
(6) Receive referral information, conduct intake inquiries, request that a petition be filed, and enter into informal dispositions under policies promulgated under
s. 48.06 (1) or
(2).
48.067(6m)
(6m) Conduct the multidisciplinary screen in counties that have an alcohol and other drug abuse program under
s. 48.547.
48.067(7)
(7) Make referrals of cases to other agencies if their assistance appears to be needed or desirable.
48.067(7m)
(7m) At the request of a minor who claims to be pregnant, assist the minor in preparing a petition to initiate a proceeding under
s. 48.375 (7) and file the petition with the clerk of circuit court.
48.067(8)
(8) Make interim recommendations to the court concerning children, and unborn children and their expectant mothers, awaiting final disposition under
s. 48.355.
48.067(9)
(9) Perform any other functions ordered by the court, and assist the court or chief judge of the judicial administrative district in developing written policies or carrying out its other duties when the court or chief judge so requests.
48.069
48.069
Powers and duties of disposition staff. 48.069(1)
(1) The staff of the department, the court, a county department or a licensed child welfare agency designated by the court to carry out the objectives and provisions of this chapter, or, in a county having a population of 500,000 or more, the department or an agency under contract with the department to provide dispositional services, shall:
48.069(1)(a)
(a) Supervise and assist a child and the child's family or the expectant mother of an unborn child pursuant to informal dispositions, a consent decree or order of the court.
48.069(1)(c)
(c) Make an affirmative effort to obtain necessary or desired services for the child and the child's family or for the expectant mother of an unborn child and investigate and develop resources toward that end.
48.069(1)(d)
(d) Prepare reports for the court recommending a plan of rehabilitation, treatment and care.
48.069(1)(e)
(e) Perform any other functions consistent with this chapter which are ordered by the court.
48.069(2)
(2) Except in a county having a population of 500,000 or more, licensed child welfare agencies and the department shall provide services under this section only upon the approval of the agency from whom services are requested. In a county having a population of 500,000 or more, the department or, with the approval of the department, a licensed child welfare agency shall provide services under this section.
48.069(3)
(3) A court or county department responsible for disposition staff or, in a county having a population of 500,000 or more, the department may agree with the court or county department responsible for providing intake services that the disposition staff may be designated to provide some or all of the intake services.
48.069(4)
(4) Disposition staff employed to perform the duties specified in
sub. (1) after November 18, 1978 shall have the qualifications required under the county merit system.
48.07
48.07
Additional sources of court services. If the county board of supervisors has complied with
s. 48.06, the court may obtain supplementary services for investigating cases and providing supervision of cases from one or more of the following sources:
48.07(2)
(2) Licensed child welfare agency. The court may request the services of a child welfare agency licensed under
s. 48.60 in accordance with procedures established by that agency. The child welfare agency shall receive no compensation for these services but may be reimbursed out of funds made available to the court for the actual and necessary expenses incurred in the performance of duties for the court.
48.07(3)
(3) The department in populous counties. In counties having a population of 500,000 or more, the department may be ordered by the court to provide services for furnishing emergency shelter care to any child whose need therefor is determined by the intake worker under
s. 48.205. The court may authorize the department to appoint members of the department to furnish emergency shelter care services for the child. The emergency shelter care may be provided as specified in
s. 48.207.
48.07(4)
(4) County departments that provide developmental disabilities, mental health or alcohol and other drug abuse services. Within the limits of available state and federal funds and of county funds appropriated to match state funds, the court may order county departments established under
s. 51.42 or
51.437 to provide special treatment or care to a child if special treatment or care has been ordered under
s. 48.345 (6) and if
s. 48.362 (4) applies or to provide special treatment or care to the expectant mother of an unborn child if special treatment or care has been ordered under
s. 48.347 (4) and if
s. 48.362 (4) applies.
48.07(5)
(5) Court-appointed special advocate program. 48.07(5)(a)(a)
Memorandum of understanding. The court may obtain the services of a court-appointed special advocate program that has been recognized by the chief judge of the judicial administrative district. A chief judge of a judicial administrative district may recognize a court-appointed special advocate program by entering into a memorandum of understanding with the court-appointed special advocate program that specifies the responsibilities of the court-appointed special advocate program and of a court-appointed special advocate designated under
s. 48.236 (1). The memorandum of understanding shall specify that the court-appointed special advocate program is responsible for selecting, training, supervising and evaluating the volunteers and employees of the program who are authorized to provide court-appointed special advocate services as provided in
pars. (b) to
(d), that, in addition to any other activities specified in the memorandum of understanding, a volunteer or employee of the program who is authorized to provide court-appointed special advocate services may be designated to perform any of the activities specified in
s. 48.236 (3) (a) to
(c) and that, in addition to any other authority specified in the memorandum of understanding, a volunteer or employee of the program who is authorized to provide court-appointed special advocate services may be authorized to exercise any of the authority specified in
s. 48.236 (4) (a) and
(b), unless the parties to the memorandum of understanding determine that a variance from the requirements of
pars. (b) to
(d), the activities specified in
s. 48.236 (3) (a) to
(c) or the authority specified in
s. 48.236 (4) (a) and
(b) is necessary for the efficient administration of the program.
48.07(5)(b)1.1. A court-appointed special advocate program may select a person to provide court-appointed special advocate services if the person is 21 years of age or older, demonstrates an interest in the welfare of children, undergoes a satisfactory background investigation as provided under
subd. 2., completes the training required under
par. (c) and meets any other qualifications required by the court-appointed special advocate program. A court-appointed special advocate program may refuse to permit to provide court-appointed special advocate services any person whose provision of those services might pose a risk, as determined by the court-appointed special advocate program, to the safety of any child.
48.07(5)(b)2.
2. On receipt of an application from a prospective court-appointed special advocate, the court-appointed special advocate program, with the assistance of the department of justice, shall conduct a background investigation of the applicant. If the court-appointed special advocate program determines that any information obtained as a result of the background investigation provides a reasonable basis for further investigation, the court-appointed special advocate program may require the applicant to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the applicant's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identification of the applicant and obtaining the applicant's criminal arrest and conviction record. The court-appointed special advocate program shall keep confidential all information received from the department of justice and the federal bureau of investigation under this subdivision.
48.07(5)(c)
(c)
Training. A court-appointed special advocate program shall require a volunteer or employee of the program selected under
par. (b) to complete a training program before the volunteer or employee may be designated as a court-appointed special advocate under
s. 48.236 (1). The training program shall include instruction on recognizing child abuse and neglect, cultural competency, as defined in
s. 48.982 (1) (bm), child development, the procedures of the court, permanency planning, the activities of a court-appointed special advocate under
s. 48.236 (3) and information gathering and documentation, and shall include observation of a proceeding under
s. 48.13. A court-appointed special advocate program shall also require each volunteer and employee of the program selected under
par. (b) to complete continuing training annually.
48.07(5)(d)
(d)
Supervision and evaluation. The supervisory support staff of a court-appointed special advocate program shall be easily accessible to the volunteers and employees of the program who are authorized to provide court-appointed special advocate services, shall hold regular case conferences with those volunteers and employees to review case progress and shall conduct annual performance evaluations of those volunteers and employees. A court-appointed special advocate program shall provide its staff and volunteers with written guidelines describing the policies, practices and procedures of the program and the responsibilities of a volunteer or employee of the program who is authorized to provide court-appointed special advocate services.
48.08
48.08
Duties of person furnishing services to court. 48.08(1)(1) It is the duty of each person appointed to furnish services to the court as provided in
ss. 48.06 and
48.07 to make such investigations and exercise such discretionary powers as the judge may direct, to keep a written record of such investigations and to submit a report to the judge. Such person shall keep informed concerning the conduct and condition of a child or expectant mother of an unborn child under the person's supervision and shall report on that conduct and condition as the judge directs.
