SB288,119,137 48.89 (1) The recommendation of the department is required for the adoption
8of a child if the child is not under the guardianship of a county department under s.
948.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5). In making a
10recommendation under this subsection with respect to an Indian child, the
11department shall comply with the order of placement preference under s. 48.028 (7)
12(a) or, if applicable, s. 48.028 (7) (c), unless the department finds good cause, as
13described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 221 14Section 221. 48.91 (3) of the statutes is amended to read:
SB288,119,2315 48.91 (3) If after the hearing and a study of the report required by s. 48.88 and
16the recommendation required by s. 48.841 or 48.89, the court is satisfied that the
17necessary consents or recommendations have been filed and that the adoption is in
18the best interests of the child, the court shall make an order granting the adoption.
19In determining whether the adoption is in the best interests of an Indian child, the
20court shall comply with the order of placement preference under s. 48.028 (7) (a) or,
21if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s.
2248.028 (7) (e), for departing from that order.
The order may change the name of the
23minor to that requested by petitioners.
SB288, s. 222 24Section 222. 48.93 (1d) of the statutes is amended to read:
SB288,120,4
148.93 (1d) All records and papers pertaining to an adoption proceeding shall
2be kept in a separate locked file and may not be disclosed except under sub. (1g) or,
3(1r), or (1v), s. 48.432, 48.433, 48.434, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of
4the court for good cause shown.
SB288, s. 223 5Section 223. 48.93 (1v) of the statutes is created to read:
SB288,120,86 48.93 (1v) (a) At the time a court enters an order granting adoption of an Indian
7child, the court shall provide the U.S. secretary of the interior with the information
8specified in s. 48.028 (9) (a) and (b).
SB288,120,119 (b) At the request of an Indian adoptee who is 18 years of age or older, the court
10that entered the order granting adoption of the adoptee shall provide or arrange to
11provide the adoptee with the information specified in s. 48.028 (9) (c).
SB288, s. 224 12Section 224. 48.977 (4) (a) 1. of the statutes is amended to read:
SB288,120,1413 48.977 (4) (a) 1. The child or the child's guardian or, legal custodian, or Indian
14custodian
.
SB288, s. 225 15Section 225. 48.977 (4) (b) 6. of the statutes is amended to read:
SB288,120,1916 48.977 (4) (b) 6. A statement of whether the child may be subject to the federal
17Indian child welfare act Child Welfare Act, 25 USC 1911 1901 to 1963 , and, if the
18child may be subject to that act, the names and addresses of the child's Indian
19custodian, if any, and Indian tribe, if known
.
SB288, s. 226 20Section 226. 48.977 (4) (c) 1. j. of the statutes is created to read:
SB288,120,2221 48.977 (4) (c) 1. j. If the child is an Indian child, the Indian child's Indian
22custodian, if any, and tribe, if known.
SB288, s. 227 23Section 227. 48.977 (4) (c) 2. of the statutes is amended to read:
SB288,121,624 48.977 (4) (c) 2. Service Except as provided in subd. 2m., service shall be made
25by 1st class mail at least 7 days before the hearing or by personal service at least 7

1days before the hearing or, if with reasonable diligence a party specified in subd. 1.
2cannot be served by mail or personal service, service shall be made by publication of
3a notice published as a class 1 notice under ch. 985. In determining which newspaper
4is likely to give notice as required under s. 985.02 (1), the petitioner shall consider
5the residence of the party, if known, or the residence of the relatives of the party, if
6known, or the last-known location of the party.
SB288, s. 228 7Section 228. 48.977 (4) (c) 2m. of the statutes is created to read:
SB288,121,178 48.977 (4) (c) 2m. If the petitioner knows or has reason to know that the child
9is an Indian child, service under subd. 2. to the Indian child's parent, Indian
10custodian, and tribe shall be provided in the manner specified in s. 48.028 (4) (a). No
11hearing may be held under par. (cm) until at least 10 days after receipt of service by
12the Indian child's parent, Indian custodian, and tribe or, if the identity or location of
13the Indian child's parent, Indian custodian, or tribe cannot be determined, until at
14least 10 days after receipt of service by the U.S. secretary of the interior. On request
15of the Indian child's parent, Indian custodian, or tribe, the court shall grant a
16continuance of up to 20 additional days to enable the requester to prepare for the
17hearing.
SB288, s. 229 18Section 229. 48.977 (4) (g) 4. of the statutes is created to read:
SB288,121,2119 48.977 (4) (g) 4. If the child is an Indian child, the order of placement preference
20under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good
21cause, as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 230 22Section 230. 48.978 (2) (b) 11. of the statutes is amended to read:
SB288,122,223 48.978 (2) (b) 11. A statement of whether the child may be subject to the federal
24Indian Child Welfare Act, 25 USC 1911 1901 to 1963, and, if the child may be subject

1to that act, the names and addresses of the child's Indian custodian, if any, and
2Indian tribe, if known
.
SB288, s. 231 3Section 231. 48.981 (1) (cs) of the statutes is renumbered 48.02 (8g) and
4amended to read:
SB288,122,65 48.02 (8g) "Indian child" means any unmarried person who is under the age
6of 18 years and is affiliated with an Indian tribe or band in any of the following ways:
SB288,122,77 1. As a member of the Indian tribe or band.
SB288,122,98 2. As a person who is both eligible for membership in the Indian tribe or band
9and is the biological child of a member of the Indian tribe or band.
SB288, s. 232 10Section 232. 48.981 (1) (ct) of the statutes is amended to read:
SB288,122,1311 48.981 (1) (ct) "Indian unborn child" means an unborn child who, when born,
12may be eligible for affiliation with an Indian tribe or band in any of the following
13ways:
SB288,122,1414 1. As a member of the Indian tribe or band.
SB288,122,1615 2. As a person who is both eligible for membership in the Indian tribe or band
16and the biological child of a member of the Indian tribe or band.
SB288, s. 233 17Section 233. 48.981 (1) (i) of the statutes is amended to read:
SB288,122,2118 48.981 (1) (i) "Tribal agent" means the person designated under 25 CFR 23.12
19by an Indian tribe or band to receive notice of involuntary child custody proceedings
20under the Indian child welfare act federal Indian Child Welfare Act, 25 USC 1901
21to 1963.
SB288, s. 234 22Section 234. 48.981 (3) (bm) (intro.) of the statutes is amended to read:
SB288,123,723 48.981 (3) (bm) Notice of report to Indian tribal agent. (intro.) In a county
24which that has wholly or partially within its boundaries a federally recognized
25Indian reservation or a bureau of Indian affairs service area for the Ho-Chunk tribe,

1if a county department which that receives a report under par. (a) pertaining to a
2child or unborn child knows or has reason to know that the child is an Indian child
3who resides in the county or that the unborn child is an Indian unborn child whose
4expectant mother resides in the county, the county department shall provide notice,
5which shall consist only of the name and address of the Indian child or expectant
6mother and the fact that a report has been received about that Indian child or Indian
7unborn child, within 24 hours to one of the following:
SB288, s. 235 8Section 235. 48.981 (3) (bm) 1. of the statutes is amended to read:
SB288,123,139 48.981 (3) (bm) 1. If the county department knows with which Indian tribe or
10band
the child is affiliated, or with which Indian tribe or band the Indian unborn
11child, when born, may be eligible for affiliation, and it the Indian tribe is a Wisconsin
12tribe or band, the tribal agent of that tribe or band Indian tribe, the tribal agent of
13that tribe
.
SB288, s. 236 14Section 236. 48.981 (3) (bm) 2. of the statutes is amended to read:
SB288,123,2015 48.981 (3) (bm) 2. If the county department does not know with which Indian
16tribe or band the child is affiliated, or with which Indian tribe or band the Indian
17unborn child, when born, may be eligible for affiliation, or the child or expectant
18mother is not affiliated with a Wisconsin Indian tribe or band, the tribal agent
19serving the reservation or Ho-Chunk service area where the child or expectant
20mother resides.
SB288, s. 237 21Section 237. 48.981 (7) (a) 10m. of the statutes is amended to read:
SB288,124,222 48.981 (7) (a) 10m. A tribal court, or other adjudicative body authorized by a
23tribe or band
an Indian tribe to perform child welfare functions, that exercises
24jurisdiction over children and unborn children alleged to be in need of protection or
25services for use in proceedings in which abuse or neglect of the child who is the

1subject of the report or record or abuse of the unborn child who is the subject of the
2report or record is an issue.
SB288, s. 238 3Section 238. 48.981 (7) (a) 10r. of the statutes is amended to read:
SB288,124,94 48.981 (7) (a) 10r. A tribal court, or other adjudicative body authorized by a
5tribe or band
an Indian tribe to perform child welfare functions, that exercises
6jurisdiction over children alleged to be in need of protection or services for use in
7proceedings in which an issue is the substantial risk of abuse or neglect of a child
8who, during the time period covered by the report or record, was in the home of the
9child who is the subject of the report or record.
SB288, s. 239 10Section 239. 48.981 (7) (a) 11m. of the statutes is amended to read:
SB288,124,1411 48.981 (7) (a) 11m. An attorney representing the interests of an Indian tribe
12or band in proceedings under subd. 10m. or 10r., of an Indian child in proceedings
13under subd. 10m. or 10r. or of an Indian unborn child in proceedings under subd.
1410m.
SB288, s. 240 15Section 240. 48.983 (1) (d) of the statutes is repealed.
SB288, s. 241 16Section 241. 48.983 (1) (e) of the statutes is repealed.
SB288, s. 242 17Section 242. 806.245 (1m) of the statutes is created to read:
SB288,124,2218 806.245 (1m) The public acts, records, and judicial proceedings of any Indian
19tribe that are applicable to an Indian child custody proceeding, as defined in s. 48.028
20(2) (d), or an Indian juvenile child custody proceeding, as defined in s. 938.028 (2) (b),
21shall be given full faith and credit by the state as provided in s. 48.028 (3) (f) or
22938.028 (3) (f).
SB288, s. 243 23Section 243. 938.01 (3) of the statutes is created to read:
SB288,125,324 938.01 (3) Indian juvenile welfare; declaration of policy. In Indian juvenile
25custody proceedings, the best interests of the Indian juvenile shall be determined in

1accordance with the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and the
2policy specified in this subsection. It is the policy of this state for courts and agencies
3responsible for juvenile welfare to do all of the following:
SB288,125,54 (a) Cooperate fully with Indian tribes in order to ensure that the federal Indian
5Child Welfare Act is enforced in this state.
SB288,125,76 (b) Protect the best interests of Indian juveniles and promote the stability and
7security of Indian tribes and families by doing all of the following:
SB288,125,108 1. Establishing minimum standards for the removal of Indian juveniles from
9their families and the placement of those juveniles in out-of-home care placements
10that will reflect the unique value of Indian culture.
SB288,125,18112. Using practices, in accordance with the federal Indian Child Welfare Act, 25
12USC 1901
to 1963, this section, and other applicable law, that are designed to prevent
13the voluntary or involuntary out-of-home care placement of Indian juveniles and,
14when an out-of-home care placement is necessary, placing an Indian juvenile in a
15placement that reflects the unique values of the Indian juvenile's tribal culture and
16that is best able to assist the Indian juvenile in establishing, developing, and
17maintaining a political, cultural, and social relationship with the Indian juvenile's
18tribe and tribal community.
SB288, s. 244 19Section 244. 938.02 (8d) of the statutes is created to read:
SB288,125,2220 938.02 (8d) "Indian" means any person who is a member of an Indian tribe or
21who is an Alaska native and a member of a regional corporation, as defined in 43 USC
221606
.
SB288, s. 245 23Section 245. 938.02 (8g) of the statutes is created to read:
SB288,125,2524 938.02 (8g) "Indian juvenile" means an unmarried person who is under 18
25years of age and who is affiliated with an Indian tribe in any of the following ways:
SB288,126,1
1(a) As a member of the Indian tribe.
SB288,126,32 (b) As a person who is eligible for membership in the Indian tribe and is the
3biological child of a member of the Indian tribe.
SB288, s. 246 4Section 246. 938.02 (8m) of the statutes is created to read:
SB288,126,55 938.02 (8m) "Indian juvenile's tribe" means one of the following:
SB288,126,76 (a) The Indian tribe in which an Indian juvenile is a member or eligible for
7membership.
SB288,126,108 (b) In the case of an Indian juvenile who is a member of or eligible for
9membership in more than one tribe, the Indian tribe with which the Indian juvenile
10has the more significant contacts.
SB288, s. 247 11Section 247. 938.02 (8p) of the statutes is created to read:
SB288,126,1812 938.02 (8p) "Indian custodian" means an Indian person who has legal custody
13under tribal law or custom or under state law of an Indian juvenile who is the subject
14of an Indian juvenile custody proceeding, as defined in s. 938.028 (2) (b), or of an
15Indian juvenile in need of protection or services under s. 938.13 (4), (6), (6m), or (7)
16who is the subject of a temporary physical custody proceeding under ss. 939.19 to
17938.21 or to whom temporary physical care, custody, and control has been
18transferred by the parent of that juvenile.
SB288, s. 248 19Section 248. 938.02 (8r) of the statutes is created to read:
SB288,126,2320 938.02 (8r) "Indian tribe" means any Indian tribe, band, nation, or other
21organized group or community of Indians that is recognized as eligible for the
22services provided to Indians by the U.S. secretary of the interior because of Indian
23status, including any Alaska native village, as defined in 43 USC 1602 (c).
SB288, s. 249 24Section 249. 938.02 (9m) of the statutes is renumbered 938.02 (8b).
SB288, s. 250 25Section 250. 938.02 (10m) of the statutes is amended to read:
SB288,127,5
1938.02 (10m) "Juvenile", when used without further qualification, means a
2person who is less than 18 years of age, except that for purposes of investigating or
3prosecuting a person who is alleged to have violated a state or federal criminal law
4or any civil law or municipal ordinance, "juvenile" does not include a person who has
5attained 17 years of age.
SB288, s. 251 6Section 251. 938.02 (12m) of the statutes is amended to read:
SB288,127,107 938.02 (12m) "Off-reservation trust land" means land in this state that is held
8in trust by the federal government for the benefit of a an Indian tribe or an American
9Indian individual and that is located outside the boundaries of a an Indian tribe's
10reservation.
SB288, s. 252 11Section 252. 938.02 (13) of the statutes is amended to read:
SB288,128,212 938.02 (13) "Parent" means either a biological parent, a husband who has
13consented to the artificial insemination of his wife under s. 891.40, or a parent by
14adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
15do not subsequently intermarry under s. 767.803, "parent" includes a person
16acknowledged under s. 767.805 or a substantially similar law of another state or
17adjudicated to be the biological father. "Parent" does not include any person whose
18parental rights have been terminated. For purposes of the application of s. 938.028
19and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, "parent" means a
20biological parent, an Indian husband who has consented to the artificial
21insemination of his wife under s. 891.40, or a person who has lawfully adopted an
22Indian juvenile, including an adoption under tribal law or custom, and includes, in
23the case of a nonmarital child who is not adopted or whose parents do not
24subsequently intermarry under s. 767.803, a person acknowledged under s. 767.805

1or a substantially similar law of another state or adjudicated to be the biological
2father, but does not include any person whose parental rights have been terminated.
SB288, s. 253 3Section 253. 938.02 (15) of the statutes is amended to read:
SB288,128,134 938.02 (15) "Relative" means a parent, stepparent, brother, sister, stepbrother,
5stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd
6cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding
7generation as denoted by the prefix of grand, great, or great-great, whether by blood,
8marriage, or legal adoption, or the spouse of any person named in this subsection,
9even if the marriage is terminated by death or divorce. For purposes of the
10application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to
111963, "relative" includes an extended family member, as defined in s. 938.028 (2) (a),
12whether by blood, marriage, or adoption, including adoption under tribal law or
13custom.
SB288, s. 254 14Section 254. 938.02 (15c) of the statutes is amended to read:
SB288,128,1615 938.02 (15c) "Reservation"," except as otherwise provided in s. 938.028 (2) (e),
16means land in this state within the boundaries of the reservation of a tribe.
SB288, s. 255 17Section 255. 938.02 (18g) of the statutes is repealed.
SB288, s. 256 18Section 256. 938.02 (18j) of the statutes is created to read:
SB288,128,2319 938.02 (18j) "Tribal court" means a court that has jurisdiction over juvenile
20custody proceedings, and that is either a court of Indian offenses or a court
21established and operated under the code or custom of an Indian tribe, or any other
22administrative body of an Indian tribe that is vested with authority over Indian
23juvenile custody proceedings.
SB288, s. 257 24Section 257. 938.028 of the statutes is repealed and recreated to read:
SB288,129,4
1938.028 Indian juvenile welfare. (1) Declaration of policy. In Indian
2juvenile custody proceedings, the best interests of the Indian juvenile shall be
3determined in accordance with the federal Indian Child Welfare Act, 25 USC 1901
4to 1963, and the policy specified in s. 938.01 (3).
SB288,129,5 5(2) Definitions. In this section:
SB288,129,106 (a) "Extended family member" means a person who is defined as a member of
7an Indian juvenile's extended family by the law or custom of the Indian juvenile's
8tribe or, in the absence of such a law or custom, a person who has attained the age
9of 18 years and who is the Indian juvenile's grandparent, aunt, uncle, brother, sister,
10brother-in-law, sister-in-law, niece, nephew, first cousin, 2nd cousin, or stepparent.
SB288,129,1311 (b) "Indian juvenile custody proceeding" means a proceeding under s. 938.13
12(4), (6), (6m), or (7) that is governed by the federal Indian Child Welfare Act, 25 USC
131901
to 1963, in which an out-of-home care placement may occur.
SB288,129,2114 (c) "Out-of-home care placement" means the removal of an Indian juvenile
15from the home of his or her parent or Indian custodian for temporary placement in
16a foster home, treatment foster home, group home, residential care center for
17children and youth, or shelter care facility, in the home of a relative other than a
18parent, or in the home of a guardian, from which placement the parent or Indian
19custodian cannot have the juvenile returned upon demand. "Out-of-home care
20placement" does not include holding an Indian juvenile in custody under ss. 938.19
21to 938.21.
SB288,129,2222 (d) "Qualified expert witness" means a person who is any of the following:
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