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).
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;
2015 a. 373.
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 consent decree under s.
48.32, a disposition made under s.
48.345, or 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 750,000 or the department in a county having a population of 750,000 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).
48.363
48.363
Revision of dispositional orders. 48.363(1)(a)
(a) A child, the child's parent, guardian, legal custodian, or Indian custodian, an expectant mother, an unborn child's guardian ad litem, any person or agency bound by a dispositional order, or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement or a trial reunification, including a revision with respect to the amount of child support to be paid by a parent. The court may also propose a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter prior to any revision of the dispositional order if the request or court proposal indicates that new information is available that affects the advisability of the court's dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves.
48.363(1)(b)
(b) If a hearing is held, at least 3 days before the hearing the court shall notify the child, the child's parent, guardian, legal custodian, and Indian custodian, all parties bound by the dispositional order, the child's foster parent or other physical custodian described in s.
48.62 (2), the child's court-appointed special advocate, the district attorney or corporation counsel in the county in which the dispositional order was entered, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's 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 proceeding involves an adult expectant mother of an unborn child under s.
48.133, the court shall notify the adult expectant mother, the unborn child's guardian ad litem, all parties bound by the dispositional order, and the district attorney or corporation counsel in the county in which the dispositional order was entered, at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.
48.363(1)(c)
(c) If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court and 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).
48.363(1)(d)
(d) 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 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.
48.363(1m)
(1m) If a hearing is held under sub.
(1) (a), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall give a foster parent or other physical custodian described in s.
48.62 (2) of the child 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, relevant to the issue of revision. A foster parent or other physical custodian described in s.
48.62 (2) who receives notice of a hearing under sub.
(1) (a) 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.
48.363(2)
(2) If the court revises a dispositional order with respect to the amount of child support to be paid by a parent for the care and maintenance of the parent's minor child who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in s.
49.345 (14).
48.363 Annotation
Sub. (1) does not set the procedure to adjudicate the issue of residence for an incompetent minor whose parent's residence has changed. Waukesha County v. Dodge County,
229 Wis. 2d 766,
601 N.W.2d 296 (Ct. App. 1999),
98-3022.
48.365
48.365
Extension of orders. 48.365(1)(1)
In this section, a child is considered to have been placed outside of his or her home on the date on which the child was first removed from his or her home.
48.365(1m)
(1m) The parent, child, guardian, legal custodian, Indian custodian, expectant mother, unborn child's guardian ad litem, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered, or the court on its own motion may request an extension of an order under s.
48.355 including an order under s.
48.355 that was entered before the child was born. The request shall be submitted to the court that entered the order. An order under s.
48.355 may be extended only as provided in this section.
48.365(2)
(2) No order may be extended without a hearing. The court shall provide notice of the time and place of the hearing to the child, the child's parent, guardian, legal custodian, and Indian custodian, all the parties present at the original hearing, the child's foster parent or other physical custodian described in s.
48.62 (2), the child's court-appointed special advocate, the district attorney or corporation counsel in the county in which the dispositional order was entered and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's tribe. If the child is an expectant mother of an unborn child under s.
48.133, the court shall also notify the unborn child's guardian ad litem. If the extension hearing involves an adult expectant mother of an unborn child under s.
48.133, the court shall notify the adult expectant mother, the unborn child's guardian ad litem, all the parties present at the original hearing, and the district attorney or corporation counsel in the county in which the dispositional order was entered, of the time and place of the hearing.
48.365(2g)(a)(a) At the hearing the person or agency primarily responsible for providing services to the child or expectant mother shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the rehabilitation or care and treatment of the child or for the rehabilitation and treatment of the expectant mother and the care of the unborn child.
48.365(2g)(b)
(b) If the child is placed outside of his or her home, the report shall include all of the following:
48.365(2g)(b)1.
1. A copy of the report of the review panel under s.
48.38 (5), if any, and a response to the report from the agency primarily responsible for providing services to the child.
48.365(2g)(b)2.
2. An evaluation of the child's adjustment to the placement and of any progress the child has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the permanency goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the child's placement.
48.365(2g)(b)3.
3. If the child has been placed outside of his or her home in a foster home, group home, residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the child. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the child, and whether or not the child should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the child be registered with the adoption information exchange or report the reason why registering the child is contrary to the best interest of the child.
48.365(2g)(b)4.
4. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, 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.
48.365(2g)(c)
(c) In cases where the child has not been placed outside the home, the report shall contain a description of efforts that have been made by all parties concerned toward meeting the objectives of treatment, care or rehabilitation, an explanation of why these efforts have not yet succeeded in meeting the objective, and anticipated future planning for the child.
48.365(2m)(a)1.1. Any party may present evidence relevant to the issue of extension. If the child is placed outside of his or her home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the permanency goal of the child's permanency plan, including, if appropriate, through an out-of-state placement. If an Indian child is placed outside the home of his or her parent or Indian custodian, the person or agency primarily responsible for providing services to the Indian child shall also present as evidence 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.
48.365(2m)(a)1m.
1m. The judge shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the child to achieve the permanency goal of the child's permanency plan, including, if appropriate, through an out-of-state placement. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the findings of fact shall also include a finding that active efforts under s.
48.028 (4) (d) 2. were made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful. An order shall be issued under s.
48.355.
