48.355(4g)(e)(e) An order under par. (a) may modify a preexisting order of a court exercising jurisdiction in an action affecting the family and shall remain in effect until modified or terminated by a court exercising that jurisdiction.
48.355(4g)(f)(f) If at the time an order under par. (a) is granted an action described in par. (a) 1. is pending or if at that time the child is the subject of a preexisting order described in par. (a) 2., the court that granted the order under par. (a) shall file a copy of the order with the court that is exercising jurisdiction in that pending action or that entered that preexisting order. On receipt of the copy of that order, the court that is exercising jurisdiction over the pending action or that granted the preexisting order shall provide a copy of that order to all parties to that pending action or to all parties that are bound by that preexisting order. The order shall become a part of the record of that pending action or the action in which the preexisting order was granted.
48.355(4g)(g)(g)
48.355(4g)(g)1.1. A person who is granted legal custody and periods of physical placement with a child under an order under par. (a) may seek enforcement of the order by filing a motion under s. 767.471 (3) with the court in which the order was filed under par. (f), and that court shall enforce the order in the same manner as legal custody and physical placement orders are enforced under s. 767.471.
48.355(4g)(g)2.2. A party to a proceeding under this subsection in which legal custody and periods of physical placement with a child are determined under an order under par. (a) may seek a modification of the order by filing a petition, motion, order to show cause, or stipulation with the court in which the order was filed under par. (f), and that court may modify the order in the same manner as legal custody and physical placement orders are modified under ss. 767.451, 767.461, and 767.481.
48.355(4g)(h)(h)
48.355(4g)(h)1.1. A person who is granted visitation rights with respect to a child under an order under par. (a) may seek enforcement of the order by filing a motion for contempt of court under s. 767.43 (5) with the court in which the order was filed under par. (f), and that court shall enforce the order in the same manner as visitation orders are enforced under s. 767.43 (5).
48.355(4g)(h)2.2. A party to a proceeding under this subsection in which visitation rights with respect to a child are determined under an order under par. (a) may seek a modification of the order by filing a petition, motion, or order to show cause with the court in which the order was filed under par. (f), and that court may modify the order in the same manner as visitation orders are modified under s. 767.43 (1), (3), or (6), whichever is applicable.
48.355(4g)(i)(i)
48.355(4g)(i)1.1. A party to a proceeding under this subsection in which the obligation to provide support for a child and the responsibility to provide health care coverage for a child are determined under an order under par. (a) who is authorized to commence an action to compel child support under s. 767.501 may seek enforcement of the order by filing an action to compel support under s. 767.501 with the court in which the order was filed under par. (f), and that court shall enforce the order in the same manner as child support and health care coverage orders are enforced under ss. 767.511, 767.513, 767.54, 767.55, 767.57, 767.58, and 767.70 to 767.78.
48.355(4g)(i)2.2. A party to a proceeding under this subsection in which the obligation to provide support for a child and the responsibility to provide health care coverage for a child are determined under an order under par. (a) may seek a modification of the order by filing a petition, motion, or order to show cause with the court in which the order was filed under par. (f), and that court may modify the order in the same manner as child support and health coverage orders are modified under ss. 767.553 and 767.59.
48.355(5)(5)Effect of court order. Any party, person or agency who provides services for the child or the expectant mother under this section shall be bound by the court order.
48.355(7)(7)Orders applicable to parents, guardians, legal custodians, expectant mothers and other adults. In addition to any dispositional order entered under s. 48.345 or 48.347, the court may enter an order applicable to the parent, guardian or legal custodian of a child, to a family member of an adult expectant mother or to another adult as provided under s. 48.45.
48.355 HistoryHistory: 1977 c. 354; 1979 c. 295, 300, 359; 1983 a. 27, 102, 399, 538; 1985 a. 29; 1987 a. 27, 339, 383; 1989 a. 31, 41, 86, 107, 121, 359; 1991 a. 39; 1993 a. 98, 334, 377, 385, 395, 446, 481, 491; 1995 a. 27, 77, 201, 225, 275; 1997 a. 27, 205, 237, 292; 1999 a. 9, 103, 149, 186; 2001 a. 2, 16, 109; 2005 a. 277; 2007 a. 20, 116; 2009 a. 28, 79, 94, 185, 302; 2011 a. 181, 258; 2013 a. 165, 170, 237, 334, 362; 2015 a. 172, 366, 367, 373; 2021 a. 42; 2023 a. 79, 119.
48.355 AnnotationA circuit court may order parents to pay toward a child’s support when a CHIPS child is placed in residential treatment, but the court may not assess any of the facility’s education-related costs against the parents. Calumet County Department of Human Services v. Randall H., 2002 WI 126, 257 Wis. 2d 57, 653 N.W.2d 503, 01-1272.
48.355 AnnotationSub. (2) (b) 1. does not require a CHIPS dispositional order to separately list each individual service that a county department is to provide so long as the department is ordered to provide “supervision,” “services,” and “case management” and the order also provides detailed conditions that the parents must complete in compliance with the dispositional order. Sheboygan County Department of Health & Human Services v. Tanya M.B., 2010 WI 55, 325 Wis. 2d 524, 785 N.W.2d 369, 08-3065.
48.35648.356Duty of court to warn.
48.356(1)(1)Whenever the court orders a child to be placed outside his or her home, orders an expectant mother of an unborn child to be placed outside of her home, or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357, 48.363, or 48.365 and whenever the court reviews a permanency plan under s. 48.38 (5m), the court shall orally inform the parent or parents who appear in court or the expectant mother who appears in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the child or expectant mother to be returned to the home or for the parent to be granted visitation.
48.356(2)(2)In addition to the notice required under sub. (1), any written order which places a child or an expectant mother outside the home or denies visitation under sub. (1) shall notify the parent or parents or expectant mother of the information specified under sub. (1).
48.356 HistoryHistory: 1979 c. 330; 1983 a. 399; 1989 a. 86; 1991 a. 39; 1995 a. 275; 1997 a. 292; 2003 a. 321; 2009 a. 185.
48.356 AnnotationSubstantial compliance is not adequate to meet the sub. (2) notice provision; oral, rather than written, notice is insufficient. D.F.R. v. Juneau County, 147 Wis. 2d 486, 433 N.W.2d 609 (Ct. App. 1988).
48.356 AnnotationDismissal of termination proceedings because only two of six dispositional orders contained statutory warnings was inappropriate. The warning is only required on one order. Rock County Department of Social Services v. K.K., 162 Wis. 2d 431, 469 N.W.2d 881 (Ct. App. 1991).
48.356 AnnotationTo comply with sub. (2), the written order must contain the same information as the oral notice under sub. (1); that the notice contained more does not mean sub. (2) was violated. Cynthia E. v. La Crosse County Human Services Department, 172 Wis. 2d 218, 493 N.W.2d 56 (1992).
48.356 AnnotationWhen termination is under s. 48.415 (8) for murdering the other parent, no notice under sub. (1) of the conditions necessary for the return of the child is necessary as the grounds for termination, the murder, cannot be remedied. Winnebago County Department of Social Services v. Darrell A., 194 Wis. 2d 627, 534 N.W.2d 907 (Ct. App. 1995).
48.356 AnnotationIt was a denial of due process to terminate parental rights on grounds substantially different from those that the parent was warned of under this section. State v. Patricia A.P., 195 Wis. 2d 855, 537 N.W.2d 47 (Ct. App. 1995), 95-1164.
48.356 AnnotationThe 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 AnnotationSection 48.415 (2) (a) 1. makes the written notice in sub. (2) an element to prove in a termination of parental rights 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 & Human Services v. Michael D., 2016 WI 35, 368 Wis. 2d 170, 880 N.W.2d 107, 14-2431.
48.356 AnnotationWhile notification of any grounds for termination of parental rights necessarily includes the statutory sub-parts comprising each ground, circuit courts must provide notice of only those grounds that “may be applicable” at the time the order is entered. Indeed, the statute does not say that circuit courts must provide notice of grounds that “will be” applicable; this would assign the circuit courts an impossible task. Eau Claire County Department of Human Services v. S.E., 2021 WI 56, 397 Wis. 2d 462, 960 N.W.2d 391, 19-0894.
48.35748.357Change in placement; child or expectant mother subject to dispositional order.