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.
48.357(2r)
(2r) Removal from foster home or other physical custodian. If a hearing is held under
sub. (1) (am) 2. or
(2m) (b) 1. and the change in placement 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 change in placement. A foster parent or other physical custodian described in
s. 48.62 (2) who receives notice of a hearing under
sub. (1) (am) 1. or
(2m) (b) 2. 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.
48.357(2v)(a)(a)
Contents of order. A change in placement order under
sub. (1) or
(2m) shall contain all of the following:
48.357(2v)(a)1.
1. If the change-in-placement order changes the child's placement from a placement in the child's home to a placement outside the child's home, a finding that continued placement of the child in his or her home would be contrary to the welfare of the child and, unless a circumstance specified in
s. 48.355 (2d) (b) 1. to
5. applies, a finding that the county department, department, in a county having a population of 750,000 or more, or 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(2v)(a)1m.
1m. If the change-in-placement order changes the placement of a child who is under the supervision of the county department or, in a county having a population of 750,000 or more, the department to a placement outside the child's home, whether from a placement in the home or from another placement outside the home, an order ordering the child into, or to be continued in, the placement and care responsibility of the county department or department as required under
42 USC 672 (a) (2) and assigning the county department or department primary responsibility, or continued primary responsibility, for providing services to the child.
48.357(2v)(a)2.
2. If the change-in-placement order changes the placement of the child to a placement outside the home recommended by the person or agency primarily responsible for implementing the dispositional order, whether from a placement in the home or from another placement outside the home, a statement that the court approves the placement recommended by that person or agency or, if the change-in-placement order changes the placement of the child to a placement outside the home that is not a placement recommended by that person or agency, whether from a placement in the home or from another placement outside the home, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the child's placement.
48.357(2v)(a)2m.
2m. If the change-in-placement order changes the placement of the child to a placement outside the home and if the child has one or more siblings, as defined in
s. 48.38 (4) (br) 1., who have been placed outside the home or for whom a change in placement to a placement outside the home is requested, a finding as to whether 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 has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the court shall order the county department, department, or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
48.357(2v)(a)3.
3. If the court finds that any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies with respect to a parent, a determination that the agency primarily responsible for providing services under the change in placement order is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home. This subdivision does not apply to a child who is subject to a dispositional order that terminates as provided in
s. 48.355 (4) (b) 4.,
48.357 (6) (a) 4., or
48.365 (5) (b) 4.
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)
Documentation of basis of findings. 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)
Reasonable efforts not required; permanency hearing. 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 750,000 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)
(4d) Prohibited placements based on homicide of parent. 48.357(4d)(a)(a)
Prohibition. 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 of the homicide of a parent of the child under
s. 940.01 or
940.05, if the conviction has not been reversed, set aside, or vacated.
48.357(4d)(am)
(am)
Change in placement required. Except as provided in
par. (b), if a parent in whose home a child is placed is convicted of the homicide of the child's other parent under
s. 940.01 or
940.05, and the conviction has not been reversed, set aside, or vacated, the court shall change the child's placement to a placement outside the home of the parent on petition of the child, the child's counsel or guardian ad litem, the guardian or legal custodian of the child, the person or agency primarily responsible for implementing 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)
Exception. 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 would change 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 the income, assets, debts, and living expenses of the child and the child's parent 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 that statement 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 the income, assets, debts, and living expenses of the child and the child's parent 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 750,000 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 750,000 or more, the department by a date specified by the court. The county department or, in a county having a population of 750,000 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 750,000 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) Expectant mother; placement outside the home. 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 dispositional 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 dispositional 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 attains 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 granted.
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 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.
48.357(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 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.
48.357(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 dispositional order is more than one year after the date on which the change-in-placement order is granted, the court shall shorten the expiration date of the original dispositional order to the date that is one year after the date on which the change-in-placement order is granted 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;
2015 a. 172,
195,
373.
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) (a).
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).
