48.01(2)(b)2.
2. Using practices, in accordance with the federal Indian Child Welfare Act,
25 USC 1901 to
1963, this section, and other applicable law, that are designed to prevent the voluntary or involuntary out-of-home care placement of Indian children and, when an out-of-home care placement, adoptive placement, or preadoptive placement is necessary, placing an Indian child in a placement that reflects the unique values of the Indian child's tribal culture and that is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, and social relationship with the Indian child's tribe and tribal community.
48.01 Annotation
The "paramount consideration" of the child's best interest does not mandate that the child's interests will always outweigh the public's. In Interest of B.B.
166 Wis. 2d 202,
479 N.W.2d 205 (Ct. App. 1991).
48.01 Annotation
Jurisdictional questions relating to the Indian child welfare act are discussed. 70 Atty. Gen. 237.
48.01 Annotation
Adoption and termination proceedings in Wisconsin: Straining the wisdom of Solomon. Hayes and Morse, 66 MLR 439 (1983).
48.01 Annotation
The Indian child welfare act-tribal self-determination through participation in child custody proceedings. 1979 WLR 1202.
48.02
48.02
Definitions. In this chapter, unless otherwise defined:
48.02(1)
(1) "Abuse", other than when used in referring to abuse of alcohol beverages or other drugs, means any of the following:
48.02(1)(a)
(a) Physical injury inflicted on a child by other than accidental means.
48.02(1)(am)
(am) When used in referring to an unborn child, serious physical harm inflicted on the unborn child, and the risk of serious physical harm to the child when born, caused by the habitual lack of self-control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree.
48.02(1)(g)1.
1. With a child physically present during the manufacture.
48.02(1)(g)2.
2. In a child's home, on the premises of a child's home, or in a motor vehicle located on the premises of a child's home.
48.02(1)(g)3.
3. Under any other circumstances in which a reasonable person should have known that the manufacture would be seen, smelled, or heard by a child.
48.02(1)(gm)
(gm) Emotional damage for which the child's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to ameliorate the symptoms.
48.02(1d)
(1d) "Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.
48.02(1e)
(1e) "Alcohol and other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.
48.02(2)
(2) "Child", when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "child" does not include a person who has attained 17 years of age.