48.02(14)
(14) “Physical custody" means actual custody of the person in the absence of a court order granting legal custody to the physical custodian.
48.02(14g)
(14g) “Physical injury" includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe or frequent bruising or great bodily harm, as defined in s.
939.22 (14).
48.02(14m)
(14m) “Qualifying residential family-based treatment facility” means a certified residential family-based alcohol or drug abuse treatment facility that meets all of the following criteria:
48.02(14m)(a)
(a) The treatment facility provides, as part of the treatment for substance abuse, parenting skills training, parent education, and individual and family counseling.
48.02(14m)(b)
(b) The substance abuse treatment, parenting skills training, parent education, and individual and family counseling is provided under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma and in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing.
48.02(14r)
(14r) “Reasonable and prudent parent standard" means a standard for an out-of-home care provider to use in making decisions concerning a child's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the child while at the same time encouraging the emotional and developmental growth of the child.
48.02(15)
(15) “Relative" means a parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce. For purposes of the application of s.
48.028 and the federal Indian Child Welfare Act,
25 USC 1901 to
1963, “relative" includes an extended family member, as defined in s.
48.028 (2) (am), whether by blood, marriage, or adoption, including adoption under tribal law or custom. For purposes of placement of a child, “relative" also includes a parent of a sibling of the child who has legal custody of that sibling.
48.02(15d)
(15d) “Residential care center for children and youth" means a facility operated by a child welfare agency licensed under s.
48.60 for the care and maintenance of children residing in that facility.
48.02(16)
(16) “Secretary" means the secretary of children and families.
48.02(16m)
(16m) “Secured residential care center for children and youth" has the meaning given in s.
938.02 (15g).
48.02(17)
(17) “Shelter care facility" means a nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the department under s.
48.66 (1) (a).
48.02(17m)
(17m) “Special treatment or care" means professional services which need to be provided to a child or his or her family to protect the well-being of the child, prevent placement of the child outside the home or meet the special needs of the child. “Special treatment or care" also means professional services which need to be provided to the expectant mother of an unborn child to protect the physical health of the unborn child and of the child when born from the harmful effects resulting from the habitual lack of self-control of the expectant mother in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree. This term includes, but is not limited to, medical, psychological or psychiatric treatment, alcohol or other drug abuse treatment or other services which the court finds to be necessary and appropriate.
48.02(17t)
(17t) “Standardized assessment” means an assessment, using a tool determined by the department, of the strengths and needs of a child to determine appropriateness of a placement in a residential care center, group home, or shelter care facility certified under s.
48.675. This definition does not apply to s.
48.62 (8) (b).
48.02(18)
(18) “Trial" means a fact-finding hearing to determine jurisdiction.
48.02(18j)
(18j) “Tribal court" means a court that has jurisdiction over Indian child custody proceedings, and that is either a court of Indian offenses or a court established and operated under the code or custom of an Indian tribe, or any other administrative body of an Indian tribe that is vested with authority over Indian child custody proceedings.
48.02(19)
(19) “Unborn child" means a human being from the time of fertilization to the time of birth.
48.02 History
History: 1971 c. 41 s.
12;
1971 c. 164;
1973 c. 263;
1977 c. 205,
299,
354,
418,
447,
449;
1979 c. 135,
300,
352;
1981 c. 81;
1983 a. 189,
447,
471;
1985 a. 176;
1987 a. 27,
285,
339;
1989 a. 31; Sup. Ct. Order, 151 Wis. 2d xxv (1989);
1989 a. 107;
1991 a. 39;
1993 a. 98,
375,
377,
385,
446,
491;
1995 a. 27 ss.
2423 to
2426p,
9126 (19),
9145 (1);
1995 a. 77,
275,
352,
448;
1997 a. 27,
104,
191,
292;
1999 a. 9;
2001 a. 16,
59,
69;
2005 a. 113,
232,
277,
344;
2005 a. 443 s.
265;
2007 a. 20;
2009 a. 28;
2009 a. 94 ss.
2 to
9,
231;
2009 a. 185 s.
86;
2009 a. 302,
334;
2013 a. 362;
2015 a. 101,
128,
196,
367;
2017 a. 34,
47,
259;
2019 a. 9,
95;
2021 a. 42.
48.02 Annotation
Under sub. (13), a deceased parent continues to be parent; a deceased parent's parents continue to be grandparents. H.F. v. T.F.,
168 Wis. 2d 62,
483 N.W.2d 803 (1992).
48.02 Annotation
A viable fetus is not a “person" within the definition of a child under sub. (2). State ex rel. Angela M.W. v. Kruzicki,
209 Wis. 2d 112,
561 N.W.2d 729 (1997),
95-2480.
48.02 Annotation
While the second sentence of sub. (13) applies exclusively to nonmarital children, the first sentence does not apply exclusively to children of married individuals. The biological father of a nonmarital child satisfies the definition of parent in sub. (13) as he is a biological parent notwithstanding that he has not officially been adjudicated as the child's biological father. State v. James P.,
2005 WI 80,
281 Wis. 2d 685,
698 N.W.2d 95,
04-0723.
48.02 Annotation
An interpretation of “severe bruising" under sub. (14g) that includes consideration of the circumstances surrounding the physical injury is reasonable. A child's bruises were severe based on the combination of: 1) the sensitive location of the bruising, on the child's skull; 2) the vulnerability of a child of the victim's age; and 3) the means by which the court determined the bruises were created, by an adult hand pressing on the child's skull. Kristi L.M. v. Dennis E.M.,
2007 WI 85,
302 Wis. 2d 185,
734 N.W.2d 375,
05-1034.
48.02 Annotation
Under former sub. (13), 2017 stats., parentage may be established in one of three ways: 1) by initiating a paternity action under s. 767.80; 2) by petitioning for adoption under this chapter; or 3) by virtue of the presumption established by the artificial insemination statute. While a circuit court possesses common law authority to order visitation, it has no authority outside of the statutes to confer parental rights. Dustardy H. v. Bethany H.,
2011 WI App 2,
331 Wis. 2d 158,
794 N.W.2d 230,
08-2587.
48.02 Annotation
Enforcement of surrogacy agreements promotes stability and permanence in family relationships because it allows the intended parents to plan for the arrival of their child, reinforces the expectations of all parties to the agreement, and reduces contentious litigation. The surrogacy agreement in this case was enforceable except for the portions of the agreement requiring a voluntary termination of parental rights (TPR). The TPR provisions did not comply with the procedural safeguards set forth in s. 48.41 for a voluntary TPR because the biological mother would not consent to the TPR and there was no legal basis for involuntary termination. The TPR provisions were severable. Rosecky v. Schissel,
2013 WI 66,
349 Wis. 2d 84,
833 N.W.2d 634,
11-2166.
48.02 Annotation
Construing sub. (1) (gm) and s. 813.122 as allowing a trial court to consider evidence of the treatment a respondent obtained or steps a respondent took to ameliorate a child's symptoms of emotional damage after the filing of the petition but prior to the injunction hearing would undercut the purpose of the injunction, which is to protect a child from an abusive situation. In light of Wisconsin's strong and long-standing interest in the protection and well-being of its minors, interpreting these statutes in a manner that would allow a respondent to undercut the purpose of the statute would be unreasonable. S.O. v. T.R.,
2016 WI App 24,
367 Wis. 2d 669,
877 N.W.2d 408,
15-0548.
48.02 Annotation
Evidence of the treatment obtained or steps taken by a parent, guardian, or legal custodian to address and remedy his or her actions can benefit the child within the meaning sub. (1) (gm) and s. 813.122. However, when evidence of such actions is introduced to establish that the parent, guardian, or legal custodian has not “neglected, refused or been unable ... to obtain the necessary treatment or to take steps to ameliorate the symptoms," there must also be testimony or other evidence showing an actual benefit to the child in terms of treating the child and ameliorating the child's symptoms of emotional abuse. S.O. v. T.R.,
2016 WI App 24,
367 Wis. 2d 669,
877 N.W.2d 408,
15-0548.
48.02 Annotation
Viewpoint: Wisconsin's Undeveloped Surrogacy Law. Walsh. Wis. Law. Mar. 2012.
48.02 Annotation
Child Abuse: Beware the “Unsubstantiated” Finding. Kornblum & Pollack. Wis. Law. Sept. 2018.