SB288, s. 42 20Section 42. 48.255 (1m) (d) of the statutes is amended to read:
SB288,43,2421 48.255 (1m) (d) Whether the unborn child, when born, may be subject to the
22federal Indian Child Welfare Act, 25 USC 1911 1901 to 1963, and, if the unborn child
23may be subject to that act, the name and address of the Indian tribe in which the
24unborn child may be eligible for affiliation when born, if known
.
SB288, s. 43 25Section 43. 48.255 (1m) (g) of the statutes is created to read:
SB288,44,10
148.255 (1m) (g) If the petitioner knows or has reason to know that the expectant
2mother is an Indian child, and if the child expectant mother has been removed from
3the home of her parent or Indian custodian, reliable and credible information
4showing that continued custody of the child expectant mother by her parent or
5Indian custodian is likely to result in serious emotional or physical damage to the
6child expectant mother under s. 48.028 (4) (d) 1. and reliable and credible
7information showing that active efforts under s. 48.028 (4) (d) 2. have been made to
8prevent the breakup of the Indian child's family and that those efforts have proved
9unsuccessful. The petition shall set forth with specificity both the information
10required under this paragraph and the information required under par. (f).
SB288, s. 44 11Section 44. 48.255 (2) of the statutes is amended to read:
SB288,44,1412 48.255 (2) If any of the facts required under sub. (1) (a) to (cm) and, (f), and (g)
13or (1m) (a) to (d) and, (f), and (g) are not known or cannot be ascertained by the
14petitioner, the petition shall so state.
SB288, s. 45 15Section 45. 48.255 (4) of the statutes is amended to read:
SB288,45,316 48.255 (4) A copy of a petition under sub. (1) shall be given to the child if the
17child is 12 years of age or over and to the parents, guardian, legal custodian and
18physical custodian. A copy of a petition under sub. (1m) shall be given to the child
19expectant mother, if 12 years of age or over, her parents, guardian, legal custodian
20and physical custodian and the unborn child by the unborn child's guardian ad litem
21or to the adult expectant mother, the unborn child through the unborn child's
22guardian ad litem and the physical custodian of the expectant mother, if any. A If
23the child is an Indian child who has been removed from the home of his or her parent
24or Indian custodian or the unborn child will be an Indian child when born, a
copy of
25a petition under sub. (1) or (1m) shall also be given to the tribe or band with which

1the child is affiliated or
Indian child's Indian custodian and tribe or the Indian tribe
2with which the unborn child may be eligible for affiliation when born , if the child is
3an Indian child or the unborn child may be an Indian child when born
.
SB288, s. 46 4Section 46. 48.27 (3) (a) 1. of the statutes is amended to read:
SB288,45,205 48.27 (3) (a) 1. If the petition that was filed relates to facts concerning a
6situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother
7who is a child, the court shall also notify, under s. 48.273, the child, any parent,
8guardian, and legal custodian of the child, any foster parent, treatment foster parent,
9or other physical custodian described in s. 48.62 (2) of the child, the unborn child by
10the unborn child's guardian ad litem, if applicable, and any person specified in par.
11(b), (d), or (e), if applicable, of all hearings involving the child except hearings on
12motions for which notice need only must be provided only to the child and his or her
13counsel. When If parents who are entitled to notice have the same place of residence,
14notice to one shall constitute constitutes notice to the other. The first notice to any
15interested party, foster parent, treatment foster parent, or other physical custodian
16described in s. 48.62 (2) shall be written in writing and may have a copy of the petition
17attached to it. Thereafter, notice of Notices of subsequent hearings may be given by
18telephone at least 72 hours before the time of the hearing. The person giving
19telephone notice shall place in the case file a signed statement of the time notice was
20given and the person to whom he or she spoke.
SB288, s. 47 21Section 47. 48.27 (3) (a) 1. of the statutes, as affected by 2009 Wisconsin Acts
2228
and .... (this act), is repealed and recreated to read:
SB288,46,1223 48.27 (3) (a) 1. If the petition that was filed relates to facts concerning a
24situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother
25who is a child, the court shall notify, under s. 48.273, the child, any parent, guardian,

1and legal custodian of the child, any foster parent or other physical custodian
2described in s. 48.62 (2) of the child, the unborn child by the unborn child's guardian
3ad litem, if applicable, and any person specified in par. (b), (d), or (e), if applicable,
4of all hearings involving the child except hearings on motions for which notice must
5be provided only to the child and his or her counsel. If parents who are entitled to
6notice have the same place of residence, notice to one constitutes notice to the other.
7The first notice to any interested party, foster parent, or other physical custodian
8described in s. 48.62 (2) shall be in writing and may have a copy of the petition
9attached to it. Notices of subsequent hearings may be given by telephone at least 72
10hours before the time of the hearing. The person giving telephone notice shall place
11in the case file a signed statement of the time notice was given and the person to
12whom he or she spoke.
SB288, s. 48 13Section 48. 48.27 (3) (d) of the statutes is amended to read:
SB288,46,2114 48.27 (3) (d) If the petition that was filed relates to facts concerning a situation
15under s. 48.13 or 48.133 involving an Indian child who has been removed from the
16home of his or her parent or Indian custodian or
a situation under s. 48.133
17concerning involving an unborn child who, when born, will be an Indian child, the
18court shall notify, under s. 48.273, the Indian child's Indian custodian and tribe or
19the Indian
tribe or band with which the unborn child will be affiliated may be eligible
20for affiliation
when born and that Indian custodian or tribe or band may, at the court's
21discretion,
intervene at any point in the proceeding before the unborn child is born.
SB288, s. 49 22Section 49. 48.27 (4) (a) 2. of the statutes is amended to read:
SB288,46,2423 48.27 (4) (a) 2. Advise the child and any party, if applicable, of his or her right
24to legal counsel regardless of ability to pay.
SB288, s. 50
1Section 50. 48.273 (1) of the statutes is renumbered 48.273 (1) (a) and
2amended to read:
SB288,47,53 48.273 (1) (a) Service Except as provided in pars. (ag), (ar), and (b), service of
4summons or notice required by s. 48.27 may be made by mailing a copy thereof of the
5summons or notice
to the persons person summoned or notified. If
SB288,47,13 6(ar) Except as provided in par. (b), if the persons fail person fails to appear at
7the hearing or otherwise to acknowledge service, a continuance shall be granted,
8except where the court determines otherwise because the child is in secure custody,

9and service shall be made personally by delivering to the persons person a copy of the
10summons or notice; except that if the court is satisfied determines that it is
11impracticable to serve the summons or notice personally, it the court may make an
12order providing for the service of the summons or notice by certified mail addressed
13to the last-known addresses address of the persons. person.
SB288,47,17 14(b) The court may refuse to grant a continuance when the child is being held
15in secure custody, but in such a case the court if the court so refuses, the court shall
16order that service of notice of the next hearing be made personally or by certified mail
17to the last-known address of the person who failed to appear at the hearing.
SB288,47,20 18(c) Personal service shall be made at least 72 hours before the time of the
19hearing. Mail shall be sent at least 7 days before the time of the hearing, except
20where as follows:
SB288,47,23 211. When the petition is filed under s. 48.13 and the person to be notified lives
22outside the state, in which case the mail shall be sent at least 14 days before the time
23of
the hearing.
SB288, s. 51 24Section 51. 48.273 (1) (ag) of the statutes is created to read:
SB288,48,3
148.273 (1) (ag) In a situation described in s. 48.27 (3) (d) involving an Indian
2child, service of summons or notice required by s. 48.27 to the Indian child's parent,
3Indian custodian, or tribe shall be made as provided in s. 48.028 (4) (a).
SB288, s. 52 4Section 52. 48.273 (1) (c) 2. of the statutes is created to read:
SB288,48,105 48.273 (1) (c) 2. When a petition under s. 48.13 or 48.133 involves an Indian
6child who has been removed from the home of his or her parent or Indian custodian
7and the person to be notified is the Indian child's parent, Indian custodian, or tribe,
8the mail shall be sent so that it is received by the person to be notified at least 10 days
9before the hearing or, if the identity or location of the person to be notified cannot be
10determined, by the U.S. secretary of the interior at least 10 days before the hearing.
SB288, s. 53 11Section 53. 48.299 (6) (d) of the statutes is amended to read:
SB288,48,2012 48.299 (6) (d) The court may stay the proceedings under this chapter pending
13the outcome of the paternity proceedings under subch. IX of ch. 767 if the court
14determines that the paternity proceedings will not unduly delay the proceedings
15under this chapter and the determination of paternity is necessary to the court's
16disposition of the child if the child is found to be in need of protection or services or
17if the court determines or has reason to know that the paternity proceedings may
18result in a finding that the child is an Indian child and in a petition by the child's
19parent, Indian custodian, or tribe for transfer of the proceeding to the jurisdiction of
20the tribe
.
SB288, s. 54 21Section 54. 48.299 (9) of the statutes is created to read:
SB288,49,622 48.299 (9) If at any point in the proceeding the court determines or has reason
23to know that the child is an Indian child, the court shall provide notice of the
24proceeding to the child's parent, Indian custodian, and tribe in the manner specified
25in s. 48.028 (4) (a). The next hearing in the proceeding may not be held until at least

110 days after receipt of the notice by the parent, Indian custodian, and tribe or, if the
2identity or location of the parent, Indian custodian, expectant mother, or tribe cannot
3be determined, until at least 10 days after receipt of the notice by the U.S. secretary
4of the interior. On request of the parent, Indian custodian, or tribe, the court shall
5grant a continuance of up to 20 additional days to enable the requester to prepare
6for that hearing.
SB288, s. 55 7Section 55. 48.30 (1) of the statutes is amended to read:
SB288,49,148 48.30 (1) Except as provided in this subsection s. 48.299 (9), the hearing to
9determine whether any party wishes to contest an allegation that the child or unborn
10child is in need of protection or services shall take place on a date which allows
11reasonable time for the parties to prepare but is within 30 days after the filing of a
12petition for a child or an expectant mother who is not being held in secure custody
13or within 10 days after the filing of a petition for a child who is being held in secure
14custody.
SB288, s. 56 15Section 56. 48.30 (2) of the statutes is amended to read:
SB288,49,2516 48.30 (2) At the commencement of the hearing under this section the child and
17the parent, guardian or, legal custodian, or Indian custodian; the child expectant
18mother, her parent, guardian or, legal custodian, or Indian custodian, and the unborn
19child through the unborn child's guardian ad litem; or the adult expectant mother
20and the unborn child through the unborn child's guardian ad litem,; shall be advised
21of their rights as specified in s. 48.243 and shall be informed that a request for a jury
22trial or for a substitution of judge under s. 48.29 must be made before the end of the
23plea hearing or be is waived. Nonpetitioning parties, including the child, shall be
24granted a continuance of the plea hearing if they wish to consult with an attorney
25on the request for a jury trial or substitution of a judge.
SB288, s. 57
1Section 57. 48.30 (6) (a) of the statutes is amended to read:
SB288,50,72 48.30 (6) (a) If a petition is not contested, the court, subject to s. 48.299 (9), shall
3set a date for the dispositional hearing which allows reasonable time for the parties
4to prepare but is no more than 10 days after the plea hearing for a child who is held
5in secure custody and no more than 30 days after the plea hearing for a child or an
6expectant mother who is not held in secure custody. If Subject to s. 48.299 (9), if all
7parties consent, the court may proceed immediately with the dispositional hearing.
SB288, s. 58 8Section 58. 48.30 (7) of the statutes is amended to read:
SB288,50,139 48.30 (7) If the petition is contested, the court, subject to s. 48.299 (9), shall set
10a date for the fact-finding hearing which allows reasonable time for the parties to
11prepare but is no more than 20 days after the plea hearing for a child who is held in
12secure custody and no more than 30 days after the plea hearing for a child or an
13expectant mother who is not held in secure custody.
SB288, s. 59 14Section 59. 48.305 of the statutes is amended to read:
SB288,50,25 1548.305 Hearing upon the involuntary removal of a child or expectant
16mother.
Notwithstanding other time periods for hearings under this chapter, if a
17child is removed from the physical custody of the child's parent or guardian under
18s. 48.19 (1) (c) or (cm) or (d) 5. or 8. without the consent of the parent or guardian or
19if an adult expectant mother is taken into custody under s. 48.193 (1) (c) or (d) 2.
20without the consent of the expectant mother, the court, subject to s. 48.299 (9), shall
21schedule a plea hearing and fact-finding hearing within 30 days after a request from
22the parent or guardian from whom custody was removed or from the adult expectant
23mother who was taken into custody. The plea hearing and fact-finding hearing may
24be combined. This time period may be extended only with the consent of the
25requesting parent, guardian, or expectant mother.
SB288, s. 60
1Section 60. 48.31 (1) of the statutes is amended to read:
SB288,51,102 48.31 (1) In this section, "fact-finding hearing" means a hearing to determine
3if the allegations in a petition under s. 48.13 or 48.133 or a petition to terminate
4parental rights are proved by clear and convincing evidence. In the case of a petition
5to terminate parental rights to an Indian child, "fact-finding hearing" means a
6hearing to determine if the allegations in the petition, other than the allegations
7under s. 48.42 (1) (e) relating to serious emotional or physical damage, are proved by
8clear and convincing evidence and if the allegations under s. 48.42 (1) (e) relating to
9serious emotional or physical damage are proved beyond a reasonable doubt as
10provided in s. 48.028 (4) (e) 1.
SB288, s. 61 11Section 61. 48.31 (5) of the statutes is created to read:
SB288,51,1912 48.31 (5) If the child is an Indian child, the court or jury shall also determine
13at the fact-finding hearing whether continued custody of the Indian child by the
14Indian child's parent or Indian custodian is likely to result in serious emotional or
15physical damage to the Indian child under s. 48.028 (4) (d) 1. and whether active
16efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian
17child's family and whether those efforts have proved unsuccessful, unless partial
18summary judgment on the allegations under s. 48.13 or 48.133 is granted, in which
19case the court shall make those determinations at the dispositional hearing.
SB288, s. 62 20Section 62. 48.31 (7) (a) of the statutes is amended to read:
SB288,52,221 48.31 (7) (a) At the close of the fact-finding hearing, the court, subject to s.
2248.299 (9),
shall set a date for the dispositional hearing which allows a reasonable
23time for the parties to prepare but is no more than 10 days after the fact-finding
24hearing for a child in secure custody and no more than 30 days after the fact-finding
25hearing for a child or expectant mother who is not held in secure custody. If Subject

1to s. 48.299 (9), if
all parties consent, the court may immediately proceed with a
2dispositional hearing.
SB288, s. 63 3Section 63. 48.315 (1) (j) of the statutes is created to read:
SB288,52,84 48.315 (1) (j) A reasonable period of delay, not to exceed 20 days, in a proceeding
5involving the out-of-home care placement of or termination of parental rights to a
6child whom the court knows or has reason to know is an Indian child, resulting from
7a continuance granted at the request of the child's parent, Indian custodian, or tribe
8to enable the requester to prepare for the proceeding.
SB288, s. 64 9Section 64. 48.315 (1m) of the statutes is amended to read:
SB288,52,1110 48.315 (1m) Subsection (1) (a), (d), (e) and, (fm), (g), and (j) does not apply to
11proceedings under s. 48.375 (7).
SB288, s. 65 12Section 65. 48.32 (1) (c) 1. of the statutes is renumbered 48.32 (1) (c) and
13amended to read:
SB288,52,2014 48.32 (1) (c) If the judge or circuit court commissioner finds that any of the
15circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
16the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m)
17within 30 days after the date of that finding to determine the permanency plan for
18the child. If a hearing is held under this subdivision, the agency responsible for
19preparing the permanency plan shall file the permanency plan with the court not less
20than 5 days before the date of the hearing.
SB288, s. 66 21Section 66. 48.32 (1) (c) 2. of the statutes, as affected by 2009 Wisconsin Act
2228
, is repealed.
SB288, s. 67 23Section 67. 48.32 (1) (c) 3. of the statutes, as affected by 2009 Wisconsin Act
2428
, is repealed.
SB288, s. 68 25Section 68. 48.32 (1) (d) of the statutes is created to read:
SB288,53,16
148.32 (1) (d) 1. In the case of an Indian child, if at the time the consent decree
2is entered into the Indian child is placed outside the home of his or her parent or
3Indian custodian under a voluntary agreement under s. 48.63 or is otherwise living
4outside that home without a court order and if the consent decree maintains the
5Indian child in that placement or other living arrangement, the consent decree shall
6include a finding supported by clear and convincing evidence, including the
7testimony of one or more qualified expert witnesses, that continued custody of the
8Indian child by the parent or Indian custodian is likely to result in serious emotional
9or physical damage to the child under s. 48.028 (4) (d) 1. and a finding that active
10efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian
11child's family and that those efforts have proved unsuccessful. The findings under
12this subdivision shall be in addition to the findings under par. (b) 1., except that for
13the sole purpose of determining whether the cost of providing care for an Indian child
14is eligible for reimbursement under 42 USC 670 to 679b, the findings under this
15subdivision and the findings under par. (b) 1. shall be considered to be the same
16findings.
SB288,53,2017 2. If the placement or other living arrangement under subd. 1. departs from the
18order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c),
19the court shall also find good cause, as described in s. 48.028 (7) (e), for departing
20from that order.
SB288, s. 69 21Section 69. 48.33 (4) (d) of the statutes is created to read:
SB288,54,922 48.33 (4) (d) If the agency knows or has reason to know that the child is an
23Indian child who is being removed from the home of his or her parent or Indian
24custodian, a description of any efforts undertaken to determine whether the child is
25an Indian child; specific information showing that continued custody of the child by

1the parent or Indian custodian is likely to result in serious emotional or physical
2damage to the child under s. 48.028 (4) (d) 1.; specific information showing that active
3efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian
4child's family and that those efforts have proved unsuccessful; a statement as to
5whether the out-of-home care placement recommended is in compliance with the
6order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c);
7and, if the recommended placement is not in compliance with that order, specific
8information showing good cause, as described in s. 48.028 (7) (e), for departing from
9that order.
SB288, s. 70 10Section 70. 48.335 (3j) of the statutes is created to read:
SB288,54,1611 48.335 (3j) At hearings under this section involving an Indian child, if the
12agency, as defined in s. 48.38 (1) (a), is recommending removal of the Indian child
13from the home of his or her parent or Indian custodian and placement of the Indian
14child in a foster home, treatment foster home, group home, or residential care center
15for children and youth or in the home of a relative other than a parent, the agency
16shall present as evidence specific information showing all of the following:
SB288,54,1917 (a) That continued custody of the Indian child by the parent or Indian custodian
18is likely to result in serious emotional or physical damage to the Indian child under
19s. 48.028 (4) (d) 1.
SB288,54,2120 (b) That active efforts under s. 48.028 (4) (d) 2. have been made to prevent the
21breakup of the Indian child's family and that those efforts have proved unsuccessful.
SB288,54,2522 (c) That the placement recommended is in compliance with the order of
23placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) or, if that
24placement is not in compliance with that order, good cause, as described in s. 48.028
25(7) (e), for departing from that order.
SB288, s. 71
1Section 71. 48.335 (3j) (intro.) of the statutes, as created by 2009 Wisconsin
2Act .... (this act), is amended to read:
SB288,55,83 48.335 (3j) (intro.) At hearings under this section involving an Indian child, if
4the agency, as defined in s. 48.38 (1) (a), is recommending removal of the Indian child
5from the home of his or her parent or Indian custodian and placement of the Indian
6child in a foster home, treatment foster home, group home, or residential care center
7for children and youth or in the home of a relative other than a parent, the agency
8shall present as evidence specific information showing all of the following:
SB288, s. 72 9Section 72. 48.345 (3) (intro.) of the statutes is amended to read:
SB288,55,1110 48.345 (3) (intro.) Designate Subject to sub. (3m), designate one of the following
11as the placement for the child:
SB288, s. 73 12Section 73. 48.345 (3m) of the statutes is created to read:
SB288,55,1713 48.345 (3m) Subject to s. 48.028 (7) (c), if the child is an Indian child who is
14being removed from the home of his or her parent or Indian custodian and placed
15outside of that home, designate one of the placements listed in s. 48.028 (7) (b) 1. to
164. as the placement for the Indian child, in the order of preference listed, unless the
17court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 74 18Section 74. 48.355 (2) (b) 6v. of the statutes is created to read:
SB288,56,719 48.355 (2) (b) 6v. If the child is an Indian child who is being removed from the
20home of his or her parent or Indian custodian and placed outside that home, a finding
21supported by clear and convincing evidence, including the testimony of one or more
22qualified expert witnesses, that continued custody of the Indian child by the parent
23or Indian custodian is likely to result in serious emotional or physical damage to the
24child under s. 48.028 (4) (d) 1. and a finding that active efforts under s. 48.028 (4) (d)
252. have been made to prevent the breakup of the Indian child's family and that those

1efforts have proved unsuccessful. The findings under this subdivision shall be in
2addition to the findings under subd. 6., except that for the sole purpose of
3determining whether the cost of providing care for an Indian child is eligible for
4reimbursement under 42 USC 670 to 679b, the findings under this subdivision and
5the findings under subd. 6. shall be considered to be the same findings. The findings
6under this subdivision are not required if they were made in a previous order in the
7proceeding unless a change in circumstances warrants new findings.
SB288, s. 75 8Section 75. 48.355 (2) (d) of the statutes is amended to read:
SB288,56,209 48.355 (2) (d) The court shall provide a copy of a dispositional order relating
10to a child in need of protection or services to the child's parent, guardian, legal
11custodian,
or trustee, to the child through the child's counsel or guardian ad litem
12and, to the child's court-appointed special advocate, and, if the child is an Indian
13child who has been removed from the home of his or her parent or Indian custodian
14and placed outside that home, to the Indian child's Indian custodian and tribe
. The
15court shall provide a copy of a dispositional order relating to an unborn child in need
16of protection or services to the expectant mother, to the unborn child through the
17unborn child's guardian ad litem and, if the expectant mother is a child, to her, to the
18parent, guardian, legal custodian, or trustee of a child expectant mother and, if the
19expectant mother is an Indian child, to the expectant mother's Indian custodian and
20tribe
.
SB288, s. 76 21Section 76. 48.355 (2d) (c) 1. of the statutes is renumbered 48.355 (2d) (c) and
22amended to read:
SB288,57,323 48.355 (2d) (c) If the court finds that any of the circumstances specified in
24under par. (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing
25under s. 48.38 (4m) within 30 days after the date of that finding to determine the

1permanency plan for the child. If a hearing is held under this subdivision, the agency
2responsible for preparing the permanency plan shall file the permanency plan with
3the court not less than 5 days before the date of the hearing.
SB288, s. 77 4Section 77. 48.355 (2d) (c) 2. of the statutes, as affected by 2009 Wisconsin Act
528
, is repealed.
SB288, s. 78 6Section 78. 48.355 (2d) (c) 3. of the statutes, as affected by 2009 Wisconsin Act
728
, is repealed.
SB288, s. 79 8Section 79. 48.355 (2d) (d) of the statutes is created to read:
SB288,57,149 48.355 (2d) (d) This subsection does not affect the requirement under sub. (2)
10(b) 6v. that the court include in a dispositional order removing an Indian child from
11the home of his or her parent or Indian custodian and placing the child outside that
12home a finding that active efforts under s. 48.028 (4) (d) 2. have been made to prevent
13the breakup of the Indian child's family and that those efforts have proved
14unsuccessful.
SB288, s. 80 15Section 80. 48.357 (1) (am) 1. of the statutes is amended to read:
SB288,58,816 48.357 (1) (am) 1. If the proposed change in placement involves any change in
17placement other than a change in placement specified in par. (c), the person or agency
18primarily responsible for implementing the dispositional order, the district attorney,
19or the corporation counsel shall cause written notice of the proposed change in
20placement to be sent to the child, the parent, guardian, and legal custodian of the
21child, any foster parent, treatment foster parent, or other physical custodian
22described in s. 48.62 (2) of the child, the child's court-appointed special advocate,
23and, if the child is an Indian child who has been removed from the home of his or her
24parent or Indian custodian, the Indian child's Indian custodian and tribe. If the child
25is
the expectant mother of an unborn child under s. 48.133, written notice shall also

1be sent to
the unborn child by the unborn child's guardian ad litem. If the change
2in placement involves an adult
expectant mother is an adult of an unborn child under
3s. 48.133
, written notice shall be sent to the adult expectant mother and the unborn
4child by the unborn child's guardian ad litem. The notice shall contain the name and
5address of the new placement, the reasons for the change in placement, a statement
6describing why the new placement is preferable to the present placement, and a
7statement of how the new placement satisfies objectives of the treatment plan
8ordered by the court.
SB288, s. 81 9Section 81. 48.357 (1) (am) 1. of the statutes, as affected by 2009 Wisconsin
10Acts 28
and .... (this act), is repealed and recreated to read:
SB288,59,211 48.357 (1) (am) 1. If the proposed change in placement involves any change in
12placement other than a change in placement specified in par. (c), the person or agency
13primarily responsible for implementing the dispositional order, the district attorney,
14or the corporation counsel shall cause written notice of the proposed change in
15placement to be sent to the child, the parent, guardian, and legal custodian of the
16child, any foster parent or other physical custodian described in s. 48.62 (2) of the
17child, the child's court-appointed special advocate, and, if the child is an Indian child
18who has been removed from the home of his or her parent or Indian custodian, the
19Indian child's Indian custodian and tribe. If the child is the expectant mother of an
20unborn child under s. 48.133, written notice shall also be sent to the unborn child by
21the unborn child's guardian ad litem. If the change in placement involves an adult
22expectant mother of an unborn child under s. 48.133, written notice shall be sent to
23the adult expectant mother and the unborn child by the unborn child's guardian ad
24litem. The notice shall contain the name and address of the new placement, the
25reasons for the change in placement, a statement describing why the new placement

1is preferable to the present placement, and a statement of how the new placement
2satisfies objectives of the treatment plan ordered by the court.
SB288, s. 82 3Section 82. 48.357 (1) (am) 1g. of the statutes is created to read:
SB288,59,114 48.357 (1) (am) 1g. If the child is an Indian child who has been removed from
5the home of his or her parent or Indian custodian and if the proposed change in
6placement would change the Indian child's placement from a placement outside that
7home to another placement outside that home, a notice under subd. 1. shall also
8contain a statement as to whether the new placement is in compliance with the order
9of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and,
10if the new placement is not in compliance with that order, specific information
11showing good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 83 12Section 83. 48.357 (1) (am) 2. of the statutes is renumbered 48.357 (1) (am)
132. (intro.) and amended to read:
SB288,59,1914 48.357 (1) (am) 2. (intro.) Any person receiving the notice under subd. 1. or
15notice of a specific placement under s. 48.355 (2) (b) 2., other than a court-appointed
16special advocate, may obtain a hearing on the matter by filing an objection with the
17court within 10 days after receipt of the notice. Placements Except as provided in
18subd. 2m., placements
may not be changed until 10 days after that notice is sent to
19the court unless written waivers of objection are signed as follows:
SB288,59,22 20a. By the parent, guardian, or legal custodian and, or Indian custodian, the
21child, if 12 years of age or over, or and the child's tribe, if the child is an Indian child
22who has been removed from the home of his or her parent or Indian custodian.
Loading...
Loading...