48.355(4)(b)
(b) Except as provided under
s. 48.368, an order under this section or
s. 48.357 or
48.365 made before the child reaches 18 years of age that places or continues the placement of the 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 a supervised independent living arrangement shall terminate on the latest of the following dates, unless the judge specifies a shorter period or the judge terminates the order sooner:
48.355(4)(b)1.
1. The date on which the child attains 18 years of age.
48.355(4)(b)2.
2. The date that is one year after the date on which the order is granted.
48.355(4)(b)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 attains 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 attaining 19 years of age.
48.355(4)(b)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 attains 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 grant an order that terminates as provided in this subdivision unless the child is 17 years of age or older when the order is granted and the child, or the child's guardian on behalf of the child, agrees to the order. At any time after the child attains 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.
48.355(4)(c)
(c) An order under this section or
s. 48.357 or
48.365 relating to an unborn child in need of protection or services that is made before the unborn child is born shall terminate one year after the date on which the order is granted unless the judge specifies a shorter period of time or the judge terminates the order sooner.
48.355(4g)
(4g) Termination of orders; case closure orders. 48.355(4g)(a)(a) On request of a person authorized to file a petition under
par. (b) or on its own motion and on a finding that granting the request or motion would be in the best interests of the child, the court may terminate an order under this section or
s. 48.357 or
48.365 before the child attains 18 years of age and grant an order determining paternity of the child, legal custody of the child, periods of physical placement with the child, visitation rights with respect to the child, or the obligation of the child's parents to provide support for the child and the responsibility of the child's parents to provide coverage of the child's health care expenses if any of the following apply:
48.355(4g)(a)1.
1. The child's parents are parties to a pending action for divorce, annulment, or legal separation, a man determined under
s. 48.299 (6) (e) 4. to be the biological father of the child for purposes of a proceeding under this chapter is a party to a pending action to determine paternity of the child under
ch. 767, or the child is the subject of a pending independent action under
s. 767.41 or
767.43 to determine legal custody of the child or visitation rights with respect to the child.
48.355(4g)(a)2.
2. The child is the subject of an order that has been granted in an action affecting the family determining legal custody of the child, periods of physical placement with the child, visitation rights with respect to the child, or the obligation of the child's parents to provide support for the child and the responsibility of the child's parents to provide coverage of the child's health care expenses.
48.355(4g)(b)
(b) The child or his or her counsel or guardian ad litem, the child's parent, guardian, legal custodian, or Indian custodian, the person or agency responsible for implementing the dispositional order, or the district attorney or corporation counsel may file a petition with the court requesting an order under
par. (a) or the court, on its own motion, may propose such an order.
48.355(4g)(c)
(c) The court shall hold a hearing before granting an order requested or proposed under
par. (b). At least 5 days before the hearing, the court shall cause notice of the hearing, together with a copy of the request or proposal, to be provided to the child, the child's counsel or guardian ad litem, the child's parent, guardian, and legal custodian, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, the child's court-appointed special advocate, and, if the child is an Indian child, the child's Indian custodian and tribe.
48.355(4g)(d)
(d) In considering whether to grant a request or proposal for an order under
par. (a), the court shall proceed as follows:
48.355(4g)(d)1.
1. If the request or proposal is for an order determining paternity of the child, the court shall determine paternity in the same manner as paternity is determined under
subch. IX of ch. 767.
48.355(4g)(d)2.
2. If the request or proposal is for an order determining legal custody of the child and periods of physical placement with the child, the court shall determine legal custody and periods of physical placement in the same manner as legal custody and periods of physical placement are determined under
ss. 767.41 and
767.481 and, if the child is the subject of a preexisting order that has been entered in an action affecting the family determining legal custody of the child or periods of physical placement with the child, in the same manner as legal custody and periods of physical placement are determined under
ss. 767.451 and
767.461, except that the court is not required to refer the parties for mediation under
s. 767.405 (5) or refer the matter for a legal custody and physical placement study under
s. 767.405 (14), the parties are not required to file a parenting plan under
s. 767.41 (1m), and the court may not transfer legal custody of the child to a relative or an agency under
s. 767.41 (3).
48.355(4g)(d)3.
3. If the request or proposal is for an order determining visitation rights with respect to the child, the court shall determine those rights in the same manner as visitation rights are determined under
ss. 767.43 and
767.44.
48.355(4g)(d)4.
4. If the request or proposal is for an order determining the obligation of the child's parents to provide support for the child and the responsibility of the child's parents to provide coverage of the child's health care expenses, the court shall determine that obligation and responsibility in the same manner as that obligation and responsibility are determined under
ss. 767.511,
767.513,
767.54,
767.55,
767.57, and
767.58.
48.355(4g)(e)
(e) An order under
par. (a) may modify a preexisting order of a court exercising jurisdiction in an action affecting the family and shall remain in effect until modified or terminated by a court exercising that jurisdiction.
48.355(4g)(f)
(f) If at the time an order under
par. (a) is granted an action described in
par. (a) 1. is pending or if at that time the child is the subject of a preexisting order described in
par. (a) 2., the court that granted the order under
par. (a) shall file a copy of the order with the court that is exercising jurisdiction in that pending action or that entered that preexisting order. On receipt of the copy of that order, the court that is exercising jurisdiction over the pending action or that granted the preexisting order shall provide a copy of that order to all parties to that pending action or to all parties that are bound by that preexisting order. The order shall become a part of the record of that pending action or the action in which the preexisting order was granted.
48.355(4g)(g)1.1. A person who is granted legal custody and periods of physical placement with a child under an order under
par. (a) may seek enforcement of the order by filing a motion under
s. 767.471 (3) with the court in which the order was filed under
par. (f), and that court shall enforce the order in the same manner as legal custody and physical placement orders are enforced under
s. 767.471.
48.355(4g)(g)2.
2. A party to a proceeding under this subsection in which legal custody and periods of physical placement with a child are determined under an order under
par. (a) may seek a modification of the order by filing a petition, motion, order to show cause, or stipulation with the court in which the order was filed under
par. (f), and that court may modify the order in the same manner as legal custody and physical placement orders are modified under
ss. 767.451,
767.461, and
767.481.
48.355(4g)(h)1.1. A person who is granted visitation rights with respect to a child under an order under
par. (a) may seek enforcement of the order by filing a motion for contempt of court under
s. 767.43 (5) with the court in which the order was filed under
par. (f), and that court shall enforce the order in the same manner as visitation orders are enforced under
s. 767.43 (5).
48.355(4g)(h)2.
2. A party to a proceeding under this subsection in which visitation rights with respect to a child are determined under an order under
par. (a) may seek a modification of the order by filing a petition, motion, or order to show cause with the court in which the order was filed under
par. (f), and that court may modify the order in the same manner as visitation orders are modified under
s. 767.43 (1),
(3), or
(6), whichever is applicable.
48.355(4g)(i)1.1. A party to a proceeding under this subsection in which the obligation to provide support for a child and the responsibility to provide health care coverage for a child are determined under an order under
par. (a) who is authorized to commence an action to compel child support under
s. 767.501 may seek enforcement of the order by filing an action to compel support under
s. 767.501 with the court in which the order was filed under
par. (f), and that court shall enforce the order in the same manner as child support and health care coverage orders are enforced under
ss. 767.511,
767.513,
767.54,
767.55,
767.57,
767.58, and
767.70 to
767.78.
48.355(4g)(i)2.
2. A party to a proceeding under this subsection in which the obligation to provide support for a child and the responsibility to provide health care coverage for a child are determined under an order under
par. (a) may seek a modification of the order by filing a petition, motion, or order to show cause with the court in which the order was filed under
par. (f), and that court may modify the order in the same manner as child support and health coverage orders are modified under
ss. 767.553 and
767.59.
48.355(5)
(5) Effect of court order. Any party, person or agency who provides services for the child or the expectant mother under this section shall be bound by the court order.
48.355(7)
(7) Orders applicable to parents, guardians, legal custodians, expectant mothers and other adults. In addition to any dispositional order entered under
s. 48.345 or
48.347, the court may enter an order applicable to the parent, guardian or legal custodian of a child, to a family member of an adult expectant mother or to another adult as provided under
s. 48.45.
48.355 History
History: 1977 c. 354;
1979 c. 295,
300,
359;
1983 a. 27,
102,
399,
538;
1985 a. 29;
1987 a. 27,
339,
383;
1989 a. 31,
41,
86,
107,
121,
359;
1991 a. 39;
1993 a. 98,
334,
377,
385,
395,
446,
481,
491;
1995 a. 27,
77,
201,
225,
275;
1997 a. 27,
205,
237,
292;
1999 a. 9,
103,
149,
186;
2001 a. 2,
16,
109;
2005 a. 277;
2007 a. 20,
116;
2009 a. 28,
79,
94,
185,
302;
2011 a. 181,
258;
2013 a. 165,
170,
237,
334,
362;
2015 a. 172,
366,
367,
373.
48.355 Annotation
A circuit court may order parents to pay toward a child's support when a CHIPS child is placed in residential treatment, but the court may not assess any of the facility's education-related costs against the parents. Calumet County Department of Human Services v. Randall H.
2002 WI 126,
257 Wis. 2d 57,
653 N.W.2d 503,
01-1272.
48.355 Annotation
Sub. (2) (b) 1. does not require a CHIPS dispositional order to separately list each individual service that the department is to provide so long as the department is ordered to provide “supervision," “services," and “case management" and the order also provides detailed conditions that the parents must complete in compliance with the dispositional order. Sheboygan County Department of Health & Human Services v. Elijah W.L.
2010 WI 55,
325 Wis. 2d 524,
785 N.W.2d 369,
08-3065.
48.356
48.356
Duty of court to warn. 48.356(1)
(1) Whenever the court orders a child to be placed outside his or her home, orders an expectant mother of an unborn child to be placed outside of her home, or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under
s. 48.345,
48.347,
48.357,
48.363, or
48.365 and whenever the court reviews a permanency plan under
s. 48.38 (5m), the court shall orally inform the parent or parents who appear in court or the expectant mother who appears in court of any grounds for termination of parental rights under
s. 48.415 which may be applicable and of the conditions necessary for the child or expectant mother to be returned to the home or for the parent to be granted visitation.
48.356(2)
(2) In addition to the notice required under
sub. (1), any written order which places a child or an expectant mother outside the home or denies visitation under
sub. (1) shall notify the parent or parents or expectant mother of the information specified under
sub. (1).
48.356 Annotation
Substantial compliance is not adequate to meet the sub. (2) notice provision; oral, rather than written, notice is insufficient. In re D.F.
147 Wis. 2d 486,
433 N.W.2d 609 (Ct. App. 1988).
48.356 Annotation
Dismissal of termination proceedings because only 2 of 6 dispositional orders contained statutory warnings was inappropriate. The warning is only required on one order. In Interest of K.K.
162 Wis. 2d 431,
469 N.W.2d 881 (Ct. App. 1991).
48.356 Annotation
To comply with sub. (2), the written order must contain the same information as the oral notice under sub. (1); that the notice contained more does not mean sub. (2) was violated. In Interest of Jamie L.
172 Wis. 2d 218,
493 N.W.2d 56 (1992).
48.356 Annotation
When termination is under s. 48.415 (8) for murdering the other parent, no notice under sub. (1) of the conditions necessary for the return of the child is necessary as the grounds for termination, the murder, cannot be remedied. Winnebago County DSS v. Darrell A.
194 Wis. 2d 628,
534 N.W.2d 907 (Ct. App. 1995).
48.356 Annotation
It was a denial of due process to terminate parental rights on grounds substantially different from those that the parent was warned of under s. 48.356. State v. Patricia A.P.
195 Wis. 2d 855,
537 N.W.2d 47 (Ct. App. 1995),
95-1164.
48.356 Annotation
The written warning under sub. (2) applies only to orders removing children from placement with their parents or denying parental visitation. Temporary physical custody orders or extensions of those orders may not lead to a loss of parental rights and do not require the written warning. Marinette County v. Tammy C.
219 Wis. 2d 206,
579 N.W.2d 635 (1998),
97-2946.
48.356 Annotation
Section 48.415 (2) (a) 1. makes the written notice in sub. (2) an element to prove in a TPR case grounded in continuing CHIPS. The plain language of s. 48.415 (2) (a) 1. provides that the statutory notice requirements are satisfied when at least one of the CHIPS orders contains the written notice required under sub. (2). Section 48.415 (2) (a) does not require that notice be given in every CHIPS order, and it does not require that notice be in the last CHIPS order. St. Croix County Department of Health and Human Services v. Michael D.
2016 WI 35, ___ Wis. 2d ___, ___ N.W.2d ___,
14-2431.
48.357
48.357
Change in placement; child or expectant mother subject to dispositional order. 48.357(1)
(1)
Request by person or agency responsible for order or prosecutor. 48.357(1)(a)(a) Applicable procedures. The person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in the placement of the child or expectant mother who is the subject of the dispositional order, whether or not the change requested is authorized in the dispositional order, as provided in
par. (am) or
(c), whichever is applicable.
48.357(1)(am)1.a.a. Except as provided in
par. (c), the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in placement under this subsection by causing written notice of the proposed change in placement to be sent to the child, the child's counsel or guardian ad litem, 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, 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.
48.357(1)(am)1.b.
b. If the child is the expectant mother of an unborn child under
s. 48.133, written notice of the proposed change in placement shall also be sent to the unborn child's guardian ad litem. If the change in placement involves an adult expectant mother of an unborn child under
s. 48.133, written notice of the proposed change in placement shall be sent to the adult expectant mother, the physical custodian of the adult expectant mother, and the unborn child's guardian ad litem.
48.357(1)(am)1.c.
c. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies the objectives of the treatment plan or permanency plan ordered by the court. The person sending the notice shall file the notice with the court on the same day that the notice is sent.
48.357(1)(am)1g.
1g. If the child is an Indian child who has been removed from the home of his or her parent or Indian custodian and if the proposed change in placement would change the Indian child's placement from a placement outside that home to another placement outside that home, a notice under
subd. 1. shall also contain a statement as to whether the new placement 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 new 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.
48.357(1)(am)2.
2. Except as provided in
subd. 2r., any person receiving the notice under
subd. 1. or notice of a specific placement under
s. 48.355 (2) (b) 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 notice is sent to that person and filed with the court. Except as provided in
subds. 2m. and
2r., if an objection is filed within 10 days after that notice is sent and filed with the court, the court shall hold a hearing prior to ordering any change in placement. At least 3 days before the hearing, the court shall provide notice of the hearing to all persons who are required to receive notice under
subd. 1. or
s. 48.355 (2) (b) 2. If all parties consent, the court may proceed immediately with the hearing. Except as provided in
subds. 2m. and
2r., if no objection is filed within 10 days after that notice is sent and filed with the court, the court shall enter an order changing the child's placement as proposed in that notice. Except as provided in
subds. 2m. and
2r., placements may not be changed until 10 days after that notice is sent and filed with the court unless written waivers of objection are signed as follows:
48.357(1)(am)2.a.
a. By the parent, guardian, legal custodian, or Indian custodian, the child, if 12 years of age or over, and the child's tribe, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian.
48.357(1)(am)2.b.
b. By the child expectant mother, if 12 years of age or over, her parent, guardian, legal custodian, or Indian custodian, the unborn child's guardian ad litem, and the child expectant mother's tribe, if she is an Indian child who has been removed from the home of her parent or Indian custodian.
48.357(1)(am)2.c.
c. By the adult expectant mother and the unborn child's guardian ad litem.
48.357(1)(am)2m.
2m. Changes in placement that were authorized in the dispositional order may be made immediately if notice is given as required under
subd. 1. A hearing is not required for changes in placement authorized in the dispositional order except when an objection filed by a person who received notice alleges that new information is available that affects the advisability of the dispositional order.
48.357(1)(am)2r.
2r. If the proposed change in placement involves a child who is subject to a dispositional order that terminates as provided in
sub. (6) (a) 4. or
s. 48.355 (4) (b) 4. or
48.365 (5) (b) 4., the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in placement under this paragraph only if the child or the child's guardian on behalf of the child consents to the change in placement. That person or agency, the district attorney, or the corporation counsel shall cause written notice of the proposed change in placement to be sent to the child, the guardian of the child, and any foster parent or other physical custodian described in
s. 48.62 (2) of the child. No hearing is required for a change in placement described in this subdivision, and the child's placement may be changed at any time after notice of the proposed change in placement is sent to the court.
48.357(1)(am)3.
3. If the court changes the child's placement from a placement outside the home to another placement outside the home, the change-in-placement order shall contain the applicable order under
sub. (2v) (a) 1m., the applicable statement under
sub. (2v) (a) 2., and the finding under
sub. (2v) (a) 2m. If the court changes the placement of an Indian child who has been removed from the home of his or her parent or Indian custodian from a placement outside that home to another placement outside that home, the change-in-placement order shall, in addition, comply with the order of placement preference under
s. 48.028 (7) (b) or, if applicable,
s. 48.028 (7) (c), unless the court finds good cause, as described in
s. 48.028 (7) (e), for departing from that order.
48.357(1)(c)1.1. If the proposed change in placement would change the placement of a child placed in the home to a placement outside the home, the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel shall submit a request for the change in placement to the court. The request shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies the objectives of the treatment plan or permanency plan ordered by the court. The request shall also contain specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child and, unless any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies, specific information showing that the agency primarily responsible for implementing the dispositional 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.
48.357(1)(c)1m.
1m. If the child is an Indian child and if the proposed change in placement would change the placement of the child from a placement in the home of his or her parent or Indian custodian to a placement outside that home, a request under
subd. 1. shall also contain specific information showing 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., 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 new placement 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 new 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.
48.357(1)(c)2.
2. The court shall hold a hearing prior to ordering any change in placement requested under
subd. 1. At least 3 days before the hearing, the court shall provide notice of the hearing, together with a copy of the request for the change in placement, to the child, the child's counsel or guardian ad litem, the parent, guardian, and legal custodian of the child, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, any foster parent or other physical custodian described in
s. 48.62 (2), the child's court-appointed special advocate, and, if the child is an Indian child, the Indian child's Indian custodian and tribe. Subject to
subd. 2r., if all parties consent, the court may proceed immediately with the hearing.
48.357(1)(c)2m.
2m. If the court changes the child's placement from a placement in the child's home to a placement outside the child's 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 this subdivision,
sub. (2m) (bm), or
s. 48.21 (3) (f) or
48.335 (6). If the parent does not provide that information at the hearing, the county department, the department in a county having a population of 750,000 or more, or the agency primarily responsible for implementing the dispositional order shall permit the parent to provide the information at a later date.
48.357(1)(c)2r.
2r. If the child is an Indian child and if the proposed change in placement would change the placement of the child from a placement in the home of his or her parent or Indian custodian to a placement outside that home, notice under
subd. 2. to the Indian child's parent, Indian custodian, and tribe shall be provided in the manner specified in
s. 48.028 (4) (a). No hearing on the request may be held until at least 10 days after receipt of the notice by the Indian child's parent, Indian custodian, and tribe or, if the identity or location of the Indian child's parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.
48.357(1)(c)3.
3. If the court changes the child's placement from a placement in the child's home to a placement outside the child's home, the change-in-placement order shall contain the findings under
sub. (2v) (a) 1., the applicable order under
sub. (2v) (a) 1m., the applicable statement under
sub. (2v) (a) 2., the finding under
sub. (2v) (a) 2m., and, if in addition the court finds that any of the circumstances under
s. 48.355 (2d) (b) 1. to
5. applies with respect to a parent, the determination under
sub. (2v) (a) 3. If the court changes the placement of an Indian child from a placement in the home of his or her parent or Indian custodian to a placement outside that home, the change-in-placement order shall, in addition, contain the findings under
sub. (2v) (a) 4. and comply with the order of placement preference under
s. 48.028 (7) (b) or, if applicable,
s. 48.028 (7) (c), unless the court finds good cause, as described in
s. 48.028 (7) (e), for departing from the order.
48.357(2)(a)(a)
Emergency changes in placement generally. Except as provided in
par. (b), if emergency conditions necessitate an immediate change in the placement of a child or expectant mother, the person or agency primarily responsible for implementing the dispositional order may remove the child or expectant mother to a new placement, whether or not authorized by the existing dispositional order, without the prior notice under
sub. (1) (am) 1. or the consent required under
sub. (1) (am) 2r. Notice of the emergency change in placement shall be sent to the persons specified in
sub. (1) (am) 1. within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under
sub. (1) (am) 2.
48.357(2)(b)
(b)
Emergency in-home to out-of-home placements. 48.357(2)(b)1.1. If emergency conditions necessitate an immediate change in placement of a child or expectant mother placed in the home to a placement outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child or expectant mother to a new placement, whether or not authorized by the existing dispositional order, without first requesting a change in placement under
sub. (1) (c) 1.
48.357(2)(b)2.
2. Except as provided in
subd. 3., a hearing on an emergency change in placement under
subd. 1. shall be held within 48 hours after the emergency change in placement is made, excluding Saturdays, Sundays, and legal holidays. When a child or expectant mother is removed to a new placement under
subd. 1., the person or agency that removed the child or expectant mother shall immediately notify the court by the most practical means. As soon as possible after receiving that notice, the court shall schedule the hearing and the person or agency that removed the child or expectant mother, by the most practical means, shall provide notice of the hearing to the child, the child's counsel or guardian ad litem, the parent, guardian, and legal custodian of the child, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, any foster parent or other physical custodian described in
s. 48.62 (2), the child's court-appointed special advocate, and, if the child is an Indian child, the Indian child's Indian custodian and tribe.
48.357(2)(b)3.
3. By the time of the hearing under
subd. 2., a request for a change in placement under
sub. (1) (c) 1. shall be filed with the court. The court shall hold a hearing on the request as provided in
sub. (1) (c) 2., except that, subject to
sub. (1) (c) 2r., if all parties consent, the court may proceed immediately with the hearing under
sub. (1) (c) 2. in lieu of the hearing under
subd. 2.
48.357(2)(b)4.
4. If the court orders an emergency change in placement under
subd. 2., the change-in-placement order shall contain the findings under
sub. (2v) (a) 1., the applicable order under
sub. (2v) (a) 1m., the applicable statement under
sub. (2v) (a) 2., the finding under
sub. (2v) (a) 2m., and, if in addition the court finds that any of the circumstances under
s. 48.355 (2d) (b) 1. to
5. applies with respect to a parent, the determination under
sub. (2v) (a) 3.
48.357(2)(c)
(c)
Placements permitted in emergency. In emergency situations, a child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days or in any placement authorized under
s. 48.345 (3).
48.357(2m)(a)(a)
Request; information required. Except as provided in
par. (bv), the child, the child's counsel or guardian ad litem, the parent, guardian, legal custodian, or Indian custodian of the child, the expectant mother, or the unborn child's guardian ad litem may request a change in the placement of the child or expectant mother as provided in this subsection. The request shall contain the name and address of the new placement requested and shall state what new information is available that affects the advisability of the current placement. If the proposed change in placement would change the placement of a child placed in the child's home to a placement outside the child's home, the request shall also contain specific information showing that continued placement of the child in the home would be contrary to the welfare of the child and, unless any of the circumstances under
s. 48.355 (2d) (b) 1. to
5. applies, specific information showing that the agency primarily responsible for implementing the dispositional 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. The request shall be submitted to the court. The court may also propose a change in placement on its own motion.
48.357(2m)(am)1.1. If the proposed change of placement would change the placement of an Indian child placed in the home of his or her parent or Indian custodian to a placement outside that home, a request under
par. (a) shall also contain specific information showing 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., 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 new placement 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 new 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.
48.357(2m)(am)2.
2. If the proposed change in placement would change the placement of an Indian child placed outside the home of his or her parent or Indian custodian to another placement outside that home, a request under
par. (a) shall also contain a statement as to whether the new placement 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 new 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.
48.357(2m)(b)1.1. The court shall hold a hearing prior to ordering any change in placement requested or proposed under
par. (a) if the request or proposal states that new information is available that affects the advisability of the current placement. Except as provided in
par. (bv), a hearing is not required if the requested or proposed change in placement does not involve a change in placement of a child placed in the child's home to a placement outside the child's home, written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under
subd. 2., other than a court-appointed special advocate, and the court approves.
48.357(2m)(b)2.
2. If a hearing is scheduled, at least 3 days before the hearing the court shall notify the child, the child's counsel or guardian ad litem, the parent, guardian, and legal custodian of the child, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, any foster parent or other physical custodian described in
s. 48.62 (2) of the child, the child's court-appointed special advocate, and, if the child is an Indian child, the Indian child's Indian custodian and tribe. If the child is the expectant mother of an unborn child under
s. 48.133, the court shall also notify the unborn child's guardian ad litem. If the change in placement involves an adult expectant mother of an unborn child under
s. 48.133, at least 3 days before the hearing the court shall notify the adult expectant mother, the unborn child's guardian ad litem, the person or agency primarily responsible for implementing the dispositional order, and the district attorney or corporation counsel. A copy of the request or proposal for the change in placement shall be attached to the notice. Subject to
par. (br), if all parties consent, the court may proceed immediately with the hearing.
48.357(2m)(bm)
(bm)
Child placed outside the home. If the court changes the child's placement from a placement in the child's home to a placement outside the child's 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 this paragraph,
sub. (1) (c) 2m., or
s. 48.21 (3) (f) or
48.335 (6). If the parent does not provide that information at the hearing, the county department, the department in a county having a population of 750,000 or more, or the agency primarily responsible for implementing the dispositional order shall permit the parent to provide the information at a later date.
48.357(2m)(br)
(br)
Indian child; notice. If the child is an Indian child, and if the proposed change in placement would change the placement of the Indian child from a placement in the home of his or her parent or Indian custodian to a placement outside that home, notice under
par. (b) 2. to the Indian child's parent, Indian custodian, and tribe shall be provided in the manner specified in
s. 48.028 (4) (a). Notwithstanding
par. (b) 2., no hearing on the request or proposal may be held until at least 10 days after receipt of the notice by the Indian child's parent, Indian custodian, and tribe or, if the identity or location of the Indian child's parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.
48.357(2m)(bv)
(bv) If the proposed change in placement involves a child who is subject to a dispositional order that terminates as provided in
sub. (6) (a) 4. or
s. 48.355 (4) (b) 4. or
48.365 (5) (b) 4., only the child or the child's guardian on behalf of the child or a person or agency primarily bound by the dispositional order may request a change in placement under
par. (a). No hearing is required for a change in placement described in this paragraph if written waivers of objection to the proposed change in placement are signed by the child, the guardian of the child, and all parties that are bound by the dispositional order. If a hearing is scheduled, the court may proceed immediately with the hearing on the consent of the person who requested the change in placement, the child, the guardian of the child, and all parties who are bound by the dispositional order.
48.357(2m)(c)1.1. If the court changes the child's placement from a placement in the child's home to a placement outside the child's home, the change-in-placement order shall contain the findings under
sub. (2v) (a) 1., the applicable order under
sub. (2v) (a) 1m., the applicable statement under
sub. (2v) (a) 2., the finding under
sub. (2v) (a) 2m., and, if in addition the court finds that any of the circumstances under
s. 48.355 (2d) (b) 1. to
5. applies with respect to a parent, the determination under
sub. (2v) (a) 3. If the court changes the placement of an Indian child from a placement in the home of his or her parent or Indian custodian to a placement outside that home, the change-in-placement order shall, in addition, contain the findings under
sub. (2v) (a) 4. and comply with the order of placement preference under
s. 48.028 (7) (b) or, if applicable,
s. 48.028 (7) (c), unless the court finds good cause, as described in
s. 48.028 (7) (e), for departing from that order.
48.357(2m)(c)2.
2. If the court changes the child's placement from a placement outside the home to another placement outside the home, the change-in-placement order shall contain the applicable order under
sub. (2v) (a) 1m., the applicable statement under
sub. (2v) (a) 2., and the finding under
sub. (2v) (a) 2m. If the court changes the placement of an Indian child from a placement outside the home of his or her parent or Indian custodian to another placement outside that home, the change-in-placement order shall, in addition, comply with the order of placement preference under
s. 48.028 (7) (b) or, if applicable,
s. 48.028 (7) (c), unless the court finds good cause, as described in
s. 48.028 (7) (e), for departing from that order.
