48.32(3)
(3) If, prior to discharge by the court, or the expiration of the consent decree, the court finds that the child, parent, guardian, legal custodian or expectant mother has failed to fulfill the express terms and conditions of the consent decree or that the child or expectant mother objects to the continuation of the consent decree, the hearing under which the child or expectant mother was placed on supervision may be continued to conclusion as if the consent decree had never been entered.
48.32(5)
(5) A court which, under this section, elicits or examines information or material about a child or an expectant mother which would be inadmissible in a hearing on the allegations of the petition may not, over objections of one of the parties, participate in any subsequent proceedings if any of the following applies:
48.32(5)(a)
(a) The court refuses to enter into a consent decree and the allegations in the petition remain to be decided in a hearing at which one of the parties denies the allegations forming the basis for a child or unborn child in need of protection or services petition.
48.32(5)(b)
(b) A consent decree is granted but the petition under
s. 48.13 or
48.133 is subsequently reinstated.
48.32(6)
(6) The judge or circuit court commissioner shall inform the child and the child's parent, guardian or legal custodian, or the adult expectant mother, in writing, of the right of the child or expectant mother to object to the continuation of the consent decree under
sub. (3) and the fact that the hearing under which the child or expectant mother was placed on supervision may be continued to conclusion as if the consent decree had never been entered.
48.32 History
History: 1977 c. 354;
1985 a. 311;
1987 a. 27,
285,
339;
1991 a. 213,
253,
315;
1993 a. 98;
1995 a. 24,
77,
448;
1997 a. 292;
1999 a. 149;
2001 a. 61,
109;
2007 a. 20;
2009 a. 28,
79,
94,
185;
2011 a. 181,
258; s. 13.92 (2) (i).
48.32 Annotation
A finding that a consent decree has been violated must be made before the consent decree expires. Filing a motion to vacate the consent decree prior to its expiration does not extend the term of the decree and does not prevent the automatic dismissal of the original petition upon the expiration of the decree. Interest of Leif E.N. & Nora M.S.
189 Wis. 2d 480,
526 N.W.2d 275 (Ct. App. 1994).
DISPOSITION
48.33
48.33
Court reports. 48.33(1)(1)
Report required. Before the disposition of a child or unborn child adjudged to be in need of protection or services the court shall designate an agency, as defined in
s. 48.38 (1) (a), to submit a report which shall contain all of the following:
48.33(1)(a)
(a) The social history of the child or of the expectant mother of the unborn child.
48.33(1)(b)
(b) A recommended plan of rehabilitation or treatment and care for the child or expectant mother which is based on the investigation conducted by the agency and any report resulting from an examination or assessment under
s. 48.295, which employs the least restrictive means available to accomplish the objectives of the plan, and, in cases of child abuse or neglect or unborn child abuse, which also includes an assessment of risks to the physical safety and physical health of the child or unborn child and a description of a plan for controlling the risks.
48.33(1)(c)
(c) A description of the specific services or continuum of services which the agency is recommending that the court order for the child or family or for the expectant mother of the unborn child, the persons or agencies that would be primarily responsible for providing those services, the identity of the person or agency that would provide case management or coordination of services, if any, and, in the case of a child adjudged to be in need of protection or services, whether or not the child should receive a coordinated services plan of care.
48.33(1)(d)
(d) A statement of the objectives of the plan, including any behavior changes desired of the child or expectant mother and the academic, social and vocational skills needed by the child or the expectant mother.
48.33(1)(e)
(e) A plan for the provision of educational services to the child, prepared after consultation with the staff of the school in which the child is enrolled or the last school in which the child was enrolled.
48.33(1)(f)
(f) If the agency is recommending that the court order the child's parent, guardian or legal custodian or the expectant mother to participate in mental health treatment, anger management, individual or family counseling or parent or prenatal development training and education, a statement as to the availability of those services and as to the availability of funding for those services.
48.33(2)
(2) Home placement reports. A report recommending that the child remain in his or her home or that the expectant mother remain in her home may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record.
48.33(4)
(4) Other out-of-home placements. A report recommending placement of an adult expectant mother outside of her home shall be in writing. A report recommending placement of a child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in the home of a guardian under
s. 48.977 (2) shall be in writing and shall include all of the following:
48.33(4)(b)
(b) A recommendation for an amount of child support to be paid by either or both of the child's parents or for referral to the county child support agency under
s. 59.53 (5) for the establishment of child support.
48.33(4)(c)
(c) Specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, specific information showing that 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 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 any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies, and, if a permanency plan has previously been prepared for the child, specific information showing that the county department, department, or agency has made reasonable efforts to achieve the permanency goal of the child's permanency plan, including, if appropriate, through an out-of-state placement.
48.33 Note
NOTE: Par. (c) is shown as affected by
2011 Wis. Acts 181 and
258 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.33(4)(d)1.1. If the child has one or more siblings, as defined in
s. 48.38 (4) (br) 1., who have been removed from the home or for whom an out-of-home placement is recommended, specific information showing that the county department, department in a county having a population of 500,000 or more, or agency primarily responsible for providing services to the child has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the county department, department, or agency recommends that the child and his or her siblings not be placed in a joint placement, in which case the report shall include specific information showing that a joint placement would be contrary to the safety or well-being of the child or any of those siblings and the specific information required under
subd. 2.
48.33(4)(d)2.
2. If a recommendation is made that the child and his or her siblings not be placed in a joint placement, specific information showing that the county department, department, or agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the county department, department, or agency recommends that such visitation or interaction not be provided, in which case the report shall include specific information showing that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
48.33(4)(dm)
(dm) If the agency knows or has reason to know that the child is an Indian child who is being removed from the home of his or her parent or Indian custodian, a description of any efforts undertaken to determine whether the child is an Indian child; specific information showing that continued custody of the 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.; specific 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; a statement as to whether the out-of-home care placement recommended is in compliance with the order of placement preference under
s. 48.028 (7) (b) or, if applicable,
s. 48.028 (7) (c); and, if the recommended placement is not in compliance with that order, specific information showing good cause, as described in
s. 48.028 (7) (e), for departing from that order.
48.33(4m)
(4m) Support recommendations; information to parents. In making a recommendation for an amount of child support under
sub. (4), the agency shall consider the factors that the court considers under
s. 49.345 (14) (c) for deviation from the percentage standard. Prior to the dispositional hearing under
s. 48.335, the agency shall provide the child's parent with all of the following:
48.33(4m)(a)
(a) A copy of its recommendation for child support.
48.33(4m)(b)
(b) A written explanation of how the parent may request that the court modify the amount of child support under
s. 49.345 (14) (c).
48.33(5)
(5) Identity of foster parent; confidentiality. If the report recommends placement in a foster home, and the name of the foster parent is not available at the time the report is filed, the agency shall provide the court and the child's parent or guardian with the name and address of the foster parent within 21 days after the dispositional order is entered, except that the court may order the information withheld from the child's parent or guardian if the court finds that disclosure would result in imminent danger to the child or to the foster parent. After notifying the child's parent or guardian, the court shall hold a hearing prior to ordering the information withheld.
48.33 History
History: 1977 c. 354;
1979 c. 300;
1983 a. 399;
1987 a. 27,
339;
1989 a. 31,
41,
107;
1993 a. 377,
385,
446,
481;
1995 a. 27,
77,
201;
1997 a. 27,
292;
2001 a. 59,
109;
2005 a. 25;
2007 a. 20;
2009 a. 28,
79,
94,
185,
334;
2011 a. 181,
258;
2011 a. 260 s.
80; s. 13.92 (2) (i).
48.335
48.335
Dispositional hearings. 48.335(1)
(1) The court shall conduct a hearing to determine the disposition of a case in which a child is adjudged to be in need of protection or services under
s. 48.13 or an unborn child is adjudged to be in need of protection or services under
s. 48.133.
48.335(3)
(3) At hearings under this section, any party may present evidence relevant to the issue of disposition, including expert testimony, and may make alternative dispositional recommendations.
48.335(3g)
(3g) At hearings under this section, if the agency, as defined in
s. 48.38 (1) (a), is recommending placement of the child in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent, the agency shall present as evidence specific information showing all of the following:
48.335(3g)(a)
(a) That continued placement of the child in his or her home would be contrary to the welfare of the child.
48.335(3g)(b)
(b) That 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 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 any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies.
48.335(3g)(c)
(c) That, if a permanency plan has previously been prepared for the child, the county department, department, or agency has made reasonable efforts to achieve the permanency goal of the child's permanency plan, including, if appropriate, through an out-of-state placement.
48.335 Note
NOTE: Par. (c) is shown as affected by
2011 Wis. Acts 181 and
258 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.335(3g)(d)1.1. If the child has one or more siblings, as defined in
s. 48.38 (4) (br) 1., who have been removed from the home or for whom an out-of-home placement is recommended, that the county department, department, or agency has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the county department, department, or agency recommends that the child and his or her siblings not be placed in a joint placement, in which case the county department, department, or agency shall present as evidence specific information showing that a joint placement would be contrary to the safety or well-being of the child or any of those siblings and the specific information required under
subd. 2.
48.335(3g)(d)2.
2. If a recommendation is made that the child and his or her siblings not be placed in a joint placement, that the county department, department, or agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the county department, department, or agency recommends that such visitation or interaction not be provided, in which case the county department, department, or agency shall present as evidence specific information showing that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
48.335(3j)
(3j) At hearings under this section involving an Indian child, if the agency, as defined in
s. 48.38 (1) (a), is recommending removal of the Indian child from the home of his or her parent or Indian custodian and placement of the Indian child in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent, the agency shall present as evidence specific information showing all of the following:
48.335(3j)(a)
(a) 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 Indian child under
s. 48.028 (4) (d) 1.
48.335(3j)(b)
(b) 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.
48.335(3j)(c)
(c) That the placement recommended is in compliance with the order of placement preference under
s. 48.028 (7) (b) or, if applicable,
s. 48.028 (7) (c) or, if that placement is not in compliance with that order, good cause, as described in
s. 48.028 (7) (e), for departing from that order.
48.335(3r)
(3r) At hearings under this section, a parent of the child may present evidence relevant to the amount of child support to be paid by either or both parents.
48.335(4)
(4) At hearings under this section,
s. 48.357,
48.358,
48.363, or
48.365, on the request of any party, unless good cause to the contrary is shown, the court may admit testimony on the record by telephone or live audiovisual means, if available, under
s. 807.13 (2). The request and the showing of good cause may be made by telephone.
48.335(5)
(5) At the conclusion of the hearing, the court shall make a dispositional order in accordance with
s. 48.355.
48.335(6)
(6) If the dispositional order places the child outside the home, the parent, if present at the hearing, shall be requested to provide the names and other identifying information of 3 relatives of the child or other individuals 18 years of age or over whose homes the parent requests the court to consider as placements for the child, unless that information has previously been provided under
s. 48.21 (3) (f). If the parent does not provide that information at the hearing, 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 the dispositional order shall permit the parent to provide the information at a later date.
48.335 Note
Judicial Council Note, 1988: Sub. (4) allows the court to admit testimony on the record by telephone or live television at hearings on disposition, revision and extension of orders, or change of placement, on request of any party, unless good cause is shown. [Re Order effective Jan. 1, 1988]
48.335 Annotation
The petitioner bears the burden of proof by the greater weight of the credible evidence for purposes of dispositional and extension hearings. In Interest of T.M.S.
152 Wis. 2d 345,
448 N.W.2d 282 (Ct. App. 1989).
48.345
48.345
Disposition of child or unborn child of child expectant mother adjudged in need of protection or services. If the judge finds that the child is in need of protection or services or 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 this section under a care and treatment plan, except that the order may not place any child not specifically found under
chs. 46,
49,
51,
54, or
115 to be developmentally disabled, mentally ill, or to have a disability specified in
s. 115.76 (5) in facilities that exclusively treat those categories of children, and the court may not place any child expectant mother of an unborn child in need of protection or services outside of the child expectant mother's home unless the court finds that the child 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. The dispositions under this section are as follows:
48.345(1)
(1) Counsel the child or the parent, guardian or legal custodian.
48.345(2)
(2) Place the child under supervision of an agency, the department, if the department approves, or a suitable adult, including a friend of the child, under conditions prescribed by the judge including reasonable rules for the child's conduct, designed for the physical, mental and moral well-being and behavior of the child and, if applicable, for the physical well-being of the child's unborn child.
48.345(2m)
(2m) Place the child in the child's home under the supervision of an agency or the department, if the department approves, and order the agency or department to provide specified services to the child and the child's family, which may include individual, family, or group counseling, homemaker or parent aide services, respite care, housing assistance, child care, parent skills training, or prenatal development training or education.
48.345(2r)
(2r) Place the child as provided in
sub. (2) or
(2m) and, in addition, request a court-appointed special advocate program to designate a court-appointed special advocate for the child to perform the activities specified in
s. 48.236 (3) that are authorized in the memorandum of understanding under
s. 48.07 (5) (a). A court-appointed special advocate designated under this subsection shall have the authority specified in
s. 48.236 (4) that is authorized in the memorandum of understanding under
s. 48.07 (5) (a).
48.345(3)
(3) Subject to
sub. (3m), designate one of the following as the placement for the child:
48.345(3)(a)
(a) The home of a parent or other relative of the child, except that the judge may not designate the home of a parent or other relative of the child as the child's placement if the parent or other relative 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, and the conviction has not been reversed, set aside or vacated, unless the judge determines by clear and convincing evidence that the placement would be in the best interests of the child. The judge shall consider the wishes of the child in making that determination.
48.345(3)(b)
(b) The home of a person who is not required to be licensed if placement is for less than 30 days, except that the judge may not designate the home of a person who is not required to be licensed as the child's placement if the person 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, and the conviction has not been reversed, set aside or vacated, unless the judge determines by clear and convincing evidence that the placement would be in the best interests of the child. The judge shall consider the wishes of the child in making that determination.
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).
