48.839(4)(c)(c) Shall order the guardian who filed the bond under sub. (1) (a) to show cause why the bond should not be forfeited.
48.839(4)(d)(d) May order that physical custody of the child remain with a suitable individual with whom the child has been living.
48.839(5)(5)Child welfare services required. Any child welfare agency licensed under s. 48.60 that negotiates or arranges the placement of a child for adoption under this section shall provide services to the child and to the proposed adoptive parents until the child’s adoption is final.
48.839 HistoryHistory: 1981 c. 81; 1985 a. 176; 1997 a. 27; 2005 a. 293; 2007 a. 20; 2015 a. 172, 380.
48.8448.84Preadoption preparation for proposed adoptive parents.
48.84(1)(1)Before a child may be placed under s. 48.833 for adoption by a proposed adoptive parent who has not previously adopted a child, before a proposed adoptive parent who has not previously adopted a child may petition for placement of a child for adoption under s. 48.837, and before a proposed adoptive parent who has not previously adopted a child may bring a child into this state for adoption under s. 48.839, the proposed adoptive parent shall complete the preadoption preparation required under this section. The preparation shall be provided by a licensed child welfare agency, a licensed private adoption agency, the state adoption information exchange under s. 48.55, the state adoption center under s. 48.55, a state-funded foster care and adoption resource center, a state-funded postadoption resource center, a technical college district school, or an institution or college campus within the University of Wisconsin System. If the proposed adoptive parent does not reside in this state, he or she may meet this requirement by obtaining equivalent preparation in his or her state of residence. If the proposed adoptive parent resides in this state, but the agency that negotiated or arranged placement of the child is governed by the laws of another state, the proposed adoptive parent may meet this requirement by obtaining equivalent preparation that is provided by that agency and is approved by the department.
48.84(2)(2)The department shall promulgate rules establishing the topics covered under the preadoption preparation required under sub. (1). The preparation shall include training on issues that may confront adoptive parents, in general, and that may confront adoptive parents of special needs children or foreign children. In all cases, the training shall cover the topics of attachment, trauma, neglect, and abuse, including sexual abuse.
48.84(2g)(2g)A proposed adoptive parent shall obtain at least 25 hours of the preadoption preparation required under sub. (1), including all of the following:
48.84(2g)(a)(a) At least 6 hours of training that is provided in person or through a live videoconference session, either individually or in a group.
48.84(2g)(b)(b) At least 6 hours of training that is appropriate to the specific needs of the child to be adopted.
48.84(2r)(2r)A person who is providing the preadoption preparation required under sub. (1) shall offer to the adoptive parent at least 6 additional hours of training appropriate to the postadoption needs of the family to be provided after a court issues an order granting the adoption.
48.84(3)(3)A proposed adoptive parent who petitions to adopt a child under s. 48.837 or 48.839 or with whom a child is placed under s. 48.833 (2) shall pay the costs of the preadoption preparation required under sub. (1) and the postadoption training offered under sub. (2r). The department shall pay the costs of the preadoption preparation required under sub. (1) and the postadoption training offered under sub. (2r) for a proposed adoptive parent with whom a child is placed under s. 48.833 (1).
48.84 HistoryHistory: 2005 a. 293; 2007 a. 20, 186; 2015 a. 379; 2023 a. 118.
48.84 Cross-referenceCross-reference: See also s. DCF 51.10, Wis. adm. code.
48.84148.841Persons required to file recommendation as to adoption.
48.841(1)(1)No adoption of a minor may be ordered without the written recommendation, favorable or unfavorable, of the guardian of the minor, if there is one, as set forth in s. 48.85.
48.841(2)(2)If the guardian refuses or neglects to file its recommendation within the time specified in s. 48.85, the court may proceed as though the guardian had filed a favorable recommendation.
48.8548.85Recommendation of guardian.
48.85(1)(1)At least 10 days prior to the hearing, the guardian shall file its recommendation with the court. In making a recommendation under this subsection with respect to an Indian child, the guardian shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c).
48.85(2)(2)The guardian’s recommendation shall be presumed to be in the best interests of the child unless the fair preponderance of the credible evidence is to the contrary. If the guardian’s recommendation is in opposition to the granting of the petition, the court shall take testimony as to whether or not the proposed adoption is in the best interests of the child.
48.85(3)(3)At the conclusion of the hearing, the court shall enter its order in accordance with s. 48.91 (3).
48.85 HistoryHistory: 1973 c. 263; 2009 a. 94.
48.87148.871Filing of recommendation by guardian. In the case of a recommendation by a guardian, the guardian shall file with its recommendation satisfactory evidence of its authority to file such recommendation relative to the adoption of the minor. In the case where the parents’ rights have been judicially terminated, this evidence shall be a certified copy of the order terminating their rights and appointing the guardian. In other cases of a guardian appointed by a court, this evidence shall be a certified copy of the order appointing it guardian. In the case of a guardian having the authority to consent or file its recommendation under an instrument other than a court order, valid under the laws of another state, that instrument shall serve as evidence of the authority to consent or file its recommendation.
48.8848.88Notice of hearing; investigation.
48.88(1)(1)In this section, unless otherwise qualified, “agency” means any public or private entity except an individual.
48.88(1m)(1m)Upon the filing of a petition for adoption, the court shall schedule a hearing within 90 days of the filing. Notice of the hearing shall be mailed, not later than 3 days from the date of the order for hearing and investigation, to the guardian of the child, if any, to the agency making the investigation under sub. (2), to the department when its recommendation is required by s. 48.89 and to the child if the child is 12 years of age or over.
48.88(2)(2)
48.88(2)(a)(a) Except as provided under pars. (ag), (c), and (d), when a petition to adopt a child is filed, the court shall order an investigation to determine whether the child is a proper subject for adoption and whether the petitioner’s home is suitable for the child. The court shall order one of the following to conduct or supplement the investigation:
48.88(2)(a)1.1. If an agency has guardianship of the child, the guardianship agency, unless the agency has already filed its recommendation under s. 48.85 and has filed with the recommendation a report of an investigation as required under this paragraph.