48.357(2v)(a)4.
4. If the change in placement order changes an Indian child's placement from a placement in the home of his or her parent or Indian custodian to a placement 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. 1., 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. 1. 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.
48.357(2v)(b)
(b) The court shall make the findings specified in
par. (a) 1. and
3. 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 change in placement order. A change in placement order that merely references
par. (a) 1. or
3. without documenting or referencing that specific information in the change in placement order or an amended change in placement order that retroactively corrects an earlier change in placement order that does not comply with this paragraph is not sufficient to comply with this paragraph.
48.357(2v)(c)
(c) If the court finds under
par. (a) 3. that any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies with respect to a parent, the court shall hold a hearing under
s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency goal and, if applicable, any concurrent permanency goals for the child.
48.357(2v)(d)1.1. Subject to
subd. 2., the court shall order the county department, the department in a county having a population of 500,000 or more, or the agency primarily responsible for implementing the dispositional order to conduct a diligent search in order to locate and provide notice of the information specified in
s. 48.21 (5) (e) 2. a. to
e. to all relatives of the child named under
sub. (1) (c) 2m. or
(2m) (bm) and to all adult relatives, as defined in
s. 48.21 (5) (e) 1., of the child within 30 days after the child is removed from the custody of the child's parent unless the child is returned to his or her home within that period. The court may also order the county department, department, or agency to conduct a diligent search in order to locate and provide notice of that information to all other adult individuals named under
sub. (1) (c) 2m. or
(2m) (bm) within 30 days after the child is removed from the custody of the child's parent unless the child is returned to his or her home within that period. The county department, department, or agency may not provide that notice to a person named under
sub. (1) (c) 2m. or
(2m) (bm) or to an adult relative if the county department, department, or agency has reason to believe that it would be dangerous to the child or to the parent if the child were placed with that person or adult relative.
48.357(4d)(a)(a) Except as provided in
par. (b), the court may not change a child's placement to a placement in the home of a person who has been convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, if the conviction has not been reversed, set aside or vacated.
48.357(4d)(am)
(am) Except as provided in
par. (b), if a parent in whose home a child is placed is convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall change the child's placement to a placement out of the home of the parent on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.
48.357(4d)(b)
(b) Paragraphs (a) and
(am) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.
48.357(5m)(a)(a) If a proposed change in placement changes a child's placement from a placement in the child's home to a placement outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department under
s. 49.22 (9) and the manner of its application established by the department under
s. 49.345 (14) (g) and listing the factors that a court may consider under
s. 49.345 (14) (c). If the child is placed outside the child's home, the court shall determine the liability of the parent in the manner provided in
s. 49.345 (14).
48.357(5m)(b)
(b) If the court orders the child's parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child's parent to provide that statement to the person or agency primarily responsible for implementing the dispositional order and that person or agency is not the county department or, in a county having a population of 500,000 or more, the department, the court shall also order the child's parent to provide that statement to the county department or, in a county having a population of 500,000 or more, the department by a date specified by the court. The county department or, in a county having a population of 500,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 500,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the child.
48.357(5r)
(5r) The court may not change the placement of an expectant mother of an unborn child in need of protection or services from a placement in the expectant mother's home to a placement outside of the expectant mother's home unless the court finds that the expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.
48.357(6)(a)(a) No change in placement may extend the expiration date of the original order, except that if the change in placement is from a placement in the child's home to a placement outside the home the court may extend the expiration date of the original order to the latest of the following dates, unless the court specifies a shorter period:
48.357(6)(a)1.
1. The date on which the child reaches 18 years of age.
48.357(6)(a)2.
2. The date that is one year after the date on which the change in placement order is entered.
48.357(6)(a)3.
3. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child reaches 19 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age.
48.357(6)(a)4.
4. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child reaches 21 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under
s. 115.787 is in effect for the child. The court may not enter an order that terminates as provided in this subdivision unless the child is 17 years of age or older when the order is entered and the child, or the child's guardian on behalf of the child, agrees to the order. At any time after the child reaches 18 years of age, the child, or the child's guardian on behalf of the child, may request the court in writing to terminate the order and, on receipt of such a request, the court, without a hearing, shall terminate the order.
48.357(6)(b)
(b) If the change in placement is from a placement outside the home to a placement in the child's home and if the expiration date of the original order is more than one year after the date on which the change in placement order is entered, the court shall shorten the expiration date of the original order to the date that is one year after the date on which the change in placement order is entered or to an earlier date as specified by the court.
48.357 History
History: 1977 c. 354;
1979 c. 300;
1987 a. 27;
1989 a. 31,
107;
1993 a. 16,
385,
395,
446,
481,
491;
1995 a. 27,
77,
275,
404;
1997 a. 3,
35,
80,
237,
292;
1999 a. 9,
103,
149;
2001 a. 16,
103,
109;
2005 a. 253;
2007 a. 20;
2009 a. 28,
79,
94;
2011 a. 181;
2011 a. 260 s.
80;
2013 a. 170,
334; s. 13.92 (2) (i).
48.357 Annotation
A foster parent is entitled to a hearing under s. 48.64 (4) (a) regarding the person's interest as a foster parent even when placement of the child cannot be affected by the hearing outcome. Bingenheimer v. DHSS,
129 Wis. 2d 100,
383 N.W.2d 898 (1986).
48.357 Annotation
In the Best Interest of Children: When Foster Parents May Keep Placement. Neary. Wis. Law. Sept. 2007.
48.358
48.358
Trial reunification. 48.358(1)(a)
(a) "Trial reunification" means a period of 7 consecutive days or longer, but not exceeding 150 days, during which a child who is placed in an out-of-home placement under
s. 48.355 or
48.357 resides in the home of a relative of the child from which the child was removed or in the home of either of the child's parents for the purpose of determining the appropriateness of changing the placement of the child to that home.
48.358(1)(b)
(b) "Trial reunification home" means the home in which in which a child resides during a trial reunification.
48.358(2)
(2) Trial reunification; procedure. 48.358(2)(a)(a)
Request or proposal. No trial reunification may occur without a court order. Only the person or agency primarily responsible for implementing the dispositional order may request the court to order a trial reunification. The request shall contain the name and address of the requested trial reunification home, a statement describing why the trial reunification is in the best interests of the child, and a statement describing how the trial reunification satisfies the objectives of the child's permanency plan. A request for a trial reunification may not be made on the sole grounds that an emergency condition necessitates an immediate removal of the child from his or her out-of-home placement. If an emergency condition necessitates such an immediate removal, the person or agency primarily responsible for implementing the dispositional order shall proceed as provided in
s. 48.357 (2).
48.358(2)(b)
(b)
Notice; information required. The person or agency requesting the trial reunification shall submit the request to the court and shall cause written notice of the requested trial reunification to be sent to the child, the 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 child's court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe. The notice shall contain the information that is required to be included in the request under
par. (a).
48.358(2)(c)
(c)
Hearing; when required. Any person who is entitled to receive notice of a requested trial reunification under
par. (b), other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after the request was filed with the court. If an objection is filed, a hearing shall be held within 30 days after the request was filed with the court. Not less than 3 days before the hearing the person or agency requesting the trial reunification or the court shall provide notice of the hearing to all persons who are entitled to receive notice under
par. (b). A copy of the request for the trial reunification shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.
48.358(2)(d)
(d)
Order. If the court finds that the trial reunification is in the best interests of the child and that the trial reunification satisfies the objectives of the child's permanency plan, the court shall order the trial reunification. A trial reunification shall terminate 90 days after the date of the order, unless the court specifies a shorter period in the order, extends the trial reunification under
sub. (3), or revokes the trial reunification under
sub. (4) (c) or
(6) (b). No trial reunification order may extend the expiration date of the original dispositional order under
s. 48.355 or any extension order under
s. 48.365. A trial reunification under this section is not a change in placement under
s. 48.357. Unless revoked under
sub. (4) (c) or
(6) (b), at the end of a trial reunification, the person or agency primarily responsible for implementing the dispositional order shall do one of the following:
48.358(2)(d)1.
1. Return the child to his or her previous out-of-home placement. The person or agency may do so without further order of the court, but within 5 days after the return the person or agency shall provide notice of the date of the return and the address of that placement to all persons who are entitled to receive notice under
par. (b).
48.358(2)(d)2.
2. Request a change in placement under
s. 48.357 to place the child in a new out-of-home placement.
48.358(2)(d)3.
3. Request a change in placement under
s. 48.357 to place the child in the trial reunification home.
48.358(3)
(3) Extension of trial reunification. 48.358(3)(a)(a)
Extension request. The person or agency primarily responsible for implementing the dispositional order may request an extension of a trial reunification. The request shall contain a statement describing how the trial reunification continues to be in the best interests of the child. No later than 10 days prior to the expiration of the trial reunification, the person or agency that requests the extension shall submit the request to the court that ordered the trial reunification and shall cause notice of the request to be provided to all persons who are entitled to receive notice under
sub. (2) (b).
48.358(3)(b)
(b)
Extension hearing; when required. Any person who is entitled to receive notice of the extension request under
par. (a), other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after the request was filed with the court. If an objection is filed, the court shall schedule a hearing on the matter. If the court is unable to conduct a hearing on the matter before the trial reunification expires, the court may extend the trial reunification for not more than 30 days without a hearing. If a hearing is scheduled, not less than 3 days before the hearing the person or agency requesting the extension or the court shall provide notice of the hearing to all persons who are entitled to receive notice of the extension request under
par. (a). A copy of the request for the extension shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.
48.358(3)(c)
(c)
Extension order. If the court finds that the trial reunification continues to be in the best interests of the child, the court shall grant an order extending the trial reunification for a period specified by the court. Any number of extensions may be granted, but the total period for a trial reunification may not exceed 150 days.
48.358(4)
(4) Revocation of trial reunification. 48.358(4)(a)1.1. If the person or agency primarily responsible for implementing the dispositional order determines based on current circumstances that a trial reunification is no longer in the best interests of the child, that person or agency may, without prior court order, remove the child from the trial reunification home and place the child in the child's previous out-of-home placement as provided in
subd. 2. or place the child in a new out-of-home placement as provided in
subd. 3.
48.358(4)(a)2.
2. If the person or agency primarily responsible for implementing the dispositional order places the child in the child's previous out-of-home placement, within 3 days after removing the child from the trial reunification home, that person or agency shall submit a request for revocation of the trial reunification to the court that ordered the trial reunification and shall cause notice of the request to be provided to all persons who are entitled to receive notice of the trial reunification under
sub. (2) (b). The request shall contain the date on which the child was removed from the trial reunification home, the address of the child's current placement, and the reasons for the proposed revocation.
Paragraphs (b) and
(c) apply to a request for revocation submitted under this subdivision.
48.358(4)(a)3.
3. If the person or agency primarily responsible for implementing the dispositional order places the child in a new out-of-home placement, within 3 days after removing the child from the trial reunification home, that person or agency shall request a change in placement under
s. 48.357 (1) (am). The procedures specified in
s. 48.357 relating to a change in placement under
s. 48.357 (1) (am) apply to a change in placement requested under this subdivision, except that the request shall include the date on which the child was removed from the trial reunification home in addition to the information required under
s. 48.357 (1) (am) 1., and the trial reunification is revoked when the change in placement order is granted.
48.358(4)(b)
(b)
Revocation hearing; when required. Any person who is entitled to receive notice of a revocation request under
par. (a) 2., other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after the request is filed with the court. If a hearing is scheduled, not less than 3 days prior to the hearing the court shall provide notice of the hearing, together with a copy of the request for the revocation, to all persons who are entitled to receive notice under
par. (a) 2. If all parties consent, the court may proceed immediately with the hearing.
48.358(4)(c)
(c)
Revocation order. If the court finds that the trial reunification is no longer in the best interests of a child who has been placed in his or her previous out-of-home placement under
par. (a) 1., the court shall grant an order revoking the trial reunification.
48.358(5)
(5) Removal from foster home or other physical custodian. If a hearing is held under
sub. (2) (c) and the trial reunification would remove a child from a foster home or other placement with a physical custodian described in
s. 48.62 (2), the court shall give the foster parent or other physical custodian 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 relating to the child and the requested trial reunification. A foster parent or other physical custodian described in
s. 48.62 (2) who receives notice of a hearing under
sub. (2) (c) and a right to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.
48.358(6)
(6) Prohibited trial reunifications based on homicide of parent. 48.358(6)(a)(a)
Prohibition. Except as provided in
par. (c), the court may not order a trial reunification in the home of a person who has been convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, if the conviction has not been reversed, set aside, or vacated.
48.358(6)(b)
(b)
Revocation. Except as provided in
par. (c), if a parent in whose home a child is placed for a trial reunification is convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside, or vacated, the court shall revoke the trial reunification and the child shall be returned to his or her previous out-of-home placement or, pursuant to
s. 48.357, placed in a new out-of-home placement.
48.358(6)(c)
(c)
Exception. Paragraphs (a) and
(b) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.
48.358 History
History: 2011 a. 181.
48.36
48.36
Payment for services. 48.36(1)(a)(a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a disposition made under
s. 48.345 or by a change in placement under
s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under
s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department or a county department, shall be determined under
s. 49.345 (14). Support payments for residential services, when purchased or otherwise funded by the department of health services or a county department under
s. 51.42 or
51.437, shall be determined under
s. 46.10 (14).
48.36(1)(b)
(b) In determining the amount of support under
par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under
s. 49.22 (2m) to the department or the county child support agency under
s. 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts, and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.
48.36(2)
(2) If an expectant mother or a child whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost of those services or that treatment, if ordered by the court, shall be a charge upon the county in a county having a population of less than 500,000 or the department in a county having a population of 500,000 or more. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the child or from an adult expectant mother as the court may order based on the ability of the parent, guardian or adult expectant mother to pay. This subsection shall be subject to
s. 49.32 (1).
48.36(3)
(3) In determining county or departmental liability, this section does not apply to services specified in
ch. 115.
48.361
48.361
Payment for alcohol and other drug abuse services. 48.361(1)(1) In this section, "alcohol and other drug abuse services" means all of the following:
48.361(1)(a)
(a) Any alcohol or other drug abuse examination or assessment ordered by a court under
s. 48.295 (1).
48.361(2)(a)1.1. If a child's parent neglects, refuses or is unable to provide court-ordered alcohol and other drug abuse services for the child through his or her health insurance or other 3rd-party payments, notwithstanding
s. 48.36 (3), the judge may order the parent to pay for the court-ordered alcohol and drug abuse services. If the parent consents to provide court-ordered alcohol and other drug abuse services for a child through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered alcohol and other drug abuse services the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other drug abuse services in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.
48.361(2)(a)1m.
1m. If an adult expectant mother neglects, refuses or is unable to obtain court-ordered alcohol and other drug abuse services for herself through her health insurance or other 3rd-party payments, the judge may order the adult expectant mother to pay for the court-ordered alcohol and drug abuse services. If the adult expectant mother consents to obtain court-ordered alcohol and other drug abuse services for herself through her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered alcohol and other drug abuse services, the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other drug abuse services in accordance with the terms of the adult expectant mother's health insurance policy or other 3rd-party payment plan.
48.361(2)(a)2.
2. This paragraph applies to payment for alcohol and other drug abuse services in any county, regardless of whether the county is a pilot county under
s. 48.547.
48.361(2)(am)1.1. If a court in a county that has an alcohol or other drug abuse program under
s. 48.547 finds that payment is not attainable under
par. (a), the court may order payment in accordance with
par. (b).
48.361(2)(b)1.1. In counties that have an alcohol and other drug abuse program under
s. 48.547, in addition to using the alternative provided for under
par. (a), the court may order a county department of human services established under
s. 46.23 or a county department established under
s. 51.42 or
51.437 in the child's county of legal residence to pay for the court-ordered alcohol and other drug abuse services whether or not custody has been taken from the parent.
48.361(2)(b)1m.
1m. In counties that have an alcohol and other drug abuse program under
s. 48.547, in addition to using the alternative provided for under
par. (a), the court may order a county department of human services established under
s. 46.23 or a county department established under
s. 51.42 or
51.437 in the adult expectant mother's county of legal residence to pay for the court-ordered alcohol and other drug abuse services provided for the adult expectant mother.
48.361(2)(b)2.
2. If a judge orders a county department established under
s. 51.42 or
51.437 to provide alcohol and other drug abuse services under this paragraph, the provision of the alcohol and other drug abuse services shall be subject to conditions specified in
ch. 51.
48.361(2)(c)
(c) Payment for alcohol and other drug abuse services by a county department under this section does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug abuse services from the parent or adult expectant mother which is based upon the ability of the parent or adult expectant mother to pay. This subsection is subject to
s. 49.32 (1).
48.362
48.362
Payment for certain special treatment or care services. 48.362(1)(1) In this section, "special treatment or care" has the meaning given in
s. 48.02 (17m), except that it does not include alcohol and other drug abuse services.
48.362(2)
(2) This section applies to the payment of court-ordered special treatment or care under
s. 48.345 (6) (a), whether or not custody has been taken from the parent, and to the payment of court-ordered special treatment or care under
s. 48.347 (4) (a).
48.362(3)
(3) If a child's parent neglects, refuses or is unable to provide court-ordered special treatment or care for the child through his or her health insurance or other 3rd-party payments, notwithstanding
s. 48.36 (3), the judge may order the parent to pay for the court-ordered special treatment or care. If the parent consents to provide court-ordered special treatment or care for a child through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the judge may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.
48.362(3m)
(3m) If an adult expectant mother neglects, refuses or is unable to obtain court-ordered special treatment or care for herself through her health insurance or other 3rd-party payments, the judge may order the adult expectant mother to pay for the court-ordered special treatment or care. If the adult expectant mother consents to obtain court-ordered special treatment or care for herself through her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the judge may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the adult expectant mother's health insurance policy or other 3rd-party payment plan.
48.362(4)(a)(a) If the judge finds that payment is not attainable under
sub. (3) or
(3m), the judge may order the county department under
s. 51.42 or
51.437 of the county of legal residence of the child or expectant mother to pay the cost of any court-ordered special treatment or care that is provided by or under contract with that county department.
48.362(4)(b)
(b) Payment for special treatment or care by a county department under
par. (a) does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of special treatment or care.
48.362(4)(c)
(c) A county department that pays for court-ordered special treatment or care under
par. (a) may recover from the parent or adult expectant mother, based on the ability of the parent or adult expectant mother to pay, a reasonable contribution toward the costs of the court-ordered special treatment or care. This paragraph is subject to
s. 49.32 (1).
