NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
(2r) Removal from foster home, sustaining parent, or other physical custodian.
If a hearing is held under sub. (1) (bm)
and the change in placement would remove a child from a foster home or other placement with a physical custodian described in s. 48.62 (2)
, the court shall give the foster parent or other physical custodian a right to be heard at the hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the child and the requested change in placement. A foster parent or other physical custodian described in s. 48.62 (2)
who receives notice of a hearing under sub. (1) (bm)
and a right to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.
(2v) Change-in-placement order.
A change-in-placement order under sub. (1)
shall contain all of the following:
If the change-in-placement order changes the placement of a child who is under the guardianship of the department or a county department, an order ordering the child to be continued in the placement and care responsibility of the department or county department as required under 42 USC 672
(a) (2) and assigning the department or county department continued primary responsibility for providing services to the child.
If the change-in-placement order changes the placement of the child to a placement recommended by the agency appointed as the guardian of the child under s. 48.427 (3m) (a) 1.
, or (b)
, a statement that the court approves the placement recommended by that agency or, if the change-in-placement order changes the placement of the child to a placement that is not a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by that agency and all parties relating to the child's placement.
If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1.
, who have been placed outside the home or for whom a change in placement to a placement outside the home is requested, a finding as to whether the agency appointed as the child's guardian under s. 48.427 (3m) (a) 1.
, or (b)
has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the court shall order the agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
(3) Prohibited placements based on homicide of parent.
Except as provided in this subsection, the court may not change a child's placement to a placement in the home of a person who has been convicted of the homicide of a parent of the child under s. 940.01
, if the conviction has not been reversed, set aside, or vacated. This subsection does not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.
(4) Effective period of order.
A change-in-placement order under this section remains in effect until the order is modified or terminated by further order of the court. An order granting adoption of the child or transferring guardianship and custody of the child to an individual terminates a change-in-placement order under this section.
History: 2015 a. 373
; s. 35.17 correction in (1) (a) 1.
JURISDICTION OVER PERSON 17 OR OLDER
Jurisdiction over persons 17 or older.
The court has jurisdiction over persons 17 years of age or older as provided under ss. 48.133
, 48.355 (4)
, 48.357 (6)
, 48.365 (5)
, and 48.45
and as otherwise specifically provided in this chapter.
Orders applicable to adults. 48.45(1)(a)(a)
If in the hearing of a case of a child alleged to be in a condition described in s. 48.13
it appears that any person 17 years of age or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.
If in the hearing of a case of an unborn child and the unborn child's expectant mother alleged to be in a condition described in s. 48.133
it appears that any person 17 years of age or over has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such person in his or her relationship to the unborn child and expectant mother.
An act or failure to act contributes to a condition of a child as described in s. 48.13
or an unborn child and the unborn child's expectant mother as described in s. 48.133
, although the child is not actually adjudicated to come within the provisions of s. 48.13
or the unborn child and expectant mother are not actually adjudicated to come within the provisions of s. 48.133
, if the natural and probable consequences of that act or failure to act would be to cause the child to come within the provisions of s. 48.13
or the unborn child and expectant mother to come within the provisions of s. 48.133
In a proceeding in which a child has been found to be in need of protection or services under s. 48.13
, the judge may order the child's parent, guardian or legal custodian to comply with any conditions determined by the judge to be necessary for the child's welfare. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or parent training and education and to make a reasonable contribution, based on ability to pay, toward the cost of those services.
A judge may not order inpatient treatment under par. (a)
for a child's parent, guardian or legal custodian. All inpatient treatment commitments or admissions must be conducted in accordance with ch. 51
In a proceeding in which an unborn child has been found to be in need of protection or services under s. 48.133
, the judge may impose on the expectant mother any disposition permitted under s. 48.347 (1)
No order under sub. (1) (a)
or (1m) (a)
may be entered until the person who is the subject of the contemplated order is given an opportunity to be heard on the contemplated order. The court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases in the court. At the hearing the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a court under sub. (1) (a)
or (1m) (a)
may be proceeded against for contempt of court. If the person's conduct involves a crime, the person may be proceeded against under the criminal law.
If it appears at a court hearing that any person 17 years of age or older has violated s. 948.40
, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40
without the prior reference by the judge to the district attorney, as in other criminal cases.
Involuntary commitment was not authorized by this section. Contempt In Interest of J. S., 137 Wis. 2d 217
, 404 N.W.2d 79
(Ct. App. 1987).
REHEARING AND APPEAL
New evidence; relief from judgment terminating parental rights. 48.46(1)(1)
Except as provided in subs. (1m)
, and (3)
, the child whose status is adjudicated by the court, the parent, guardian, or legal custodian of that child, the guardian ad litem of an unborn child whose status is adjudicated by the court, or the expectant mother of that unborn child may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.
Except as provided in sub. (2)
, the parent, guardian or legal custodian of the child or the child whose status is adjudicated by the court in an order entered under s. 48.43
or an order adjudicating paternity under subch. VIII
may, within the time permitted under this subsection, petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. A petition under this subsection shall be filed within one year after the date on which the order under s. 48.43
or order adjudicating paternity under subch. VIII
is entered, unless within that one-year period a court in this state or in another jurisdiction enters an order granting adoption of the child, in which case a petition under this subsection shall be filed before the date on which the order granting adoption is entered or within 30 days after the date on which the order under s. 48.43
or order adjudicating paternity under subch. VIII
is entered, whichever is later.
A parent who has consented to the termination of his or her parental rights under s. 48.41
or who did not contest the petition initiating the proceeding in which his or her parental rights were terminated may move the court for relief from the judgment on any of the grounds specified in s. 806.07 (1) (a)
. Any such motion shall be filed within 30 days after the entry of the judgment or order terminating parental rights, unless the parent files a timely notice of intent to pursue relief from the judgment under s. 808.04 (7m)
, in which case the motion shall be filed within the time permitted by s. 809.107 (5)
. A motion under this subsection does not affect the finality or suspend the operation of the judgment or order terminating parental rights. A parent who has consented to the termination of his or her parental rights to an Indian child under s. 48.41 (2) (e)
may also move for relief from the judgment under s. 48.028 (5) (c)
. Motions under this subsection or s. 48.028 (5) (c)
and appeals to the court of appeals shall be the exclusive remedies for such a parent to obtain a new hearing in a termination of parental rights proceeding.
An adoptive parent who has been granted adoption of a child under s. 48.91 (3)
may not petition the court for a rehearing under sub. (1)
or move the court under s. 806.07
for relief from the order granting adoption. A petition for termination of parental rights under s. 48.42
and an appeal to the court of appeals shall be the exclusive remedies for an adoptive parent who wishes to end his or her parental relationship with his or her adopted child.
History: 1977 c. 449
; 1979 c. 300
; 1987 a. 383
; Sup. Ct. Order, 146 Wis. 2d xxxiii (1988); 1995 a. 275
; 1997 a. 104
; 2009 a. 94
; 2013 a. 170
Judicial Council Note, 1988: Sub. (2) limits the remedies for relief from a judgment or order terminating parental rights when the aggrieved party is a parent whose rights were terminated by consent or who has failed to contest the petition. The motion for relief from the judgment or order must be filed within 40 days after entry of the judgment or order terminating parental rights, unless the appellate process is timely initiated, in which case the motion must be filed within 60 days after service of the transcript. The court must grant a rehearing upon a prima facie showing of one or more of the following grounds: mistake, inadvertence, surprise or excusable neglect; newly discovered evidence justifying a new hearing under s. 805.15 (3); fraud, misrepresentation or other misconduct of an adverse party; the judgment or order is void; the judgment or order is based upon a prior judgment which has been reversed or otherwise vacated. [Re Order effective Jan. 1, 1989]
Affidavits by a mother that she consented to a termination of her parental rights under duress and by her attorney as to what he expected to prove were not sufficient for a rehearing. Schroud v. Milwaukee County Department of Public Welfare, 53 Wis. 2d 650
, 193 N.W.2d 671
Motion for postdisposition relief and appeal. 48.465(1)(1)
Appeal by respondent.
A motion for postdisposition relief from a final order or judgment by a person subject to this chapter shall be made in the time and manner provided in ss. 809.30
. An appeal from a final order or judgment entered under this chapter or from an order denying a motion for postdisposition relief by a person subject to this chapter shall be taken in the time and manner provided in ss. 808.04 (3)
. The person shall file a motion for postdisposition relief in circuit court before a notice of appeal is filed unless the grounds for seeking relief are sufficiency of the evidence or issues previously raised.
(2) Appeal by state.
An appeal by the state from a final judgment or order under this chapter may be taken to the court of appeals within the time specified in s. 808.04 (4)
and in the manner provided for civil appeals under chs. 808
This section does not apply to a termination of parental rights case under s. 48.43
or to a parental consent to abortion case under s. 48.375 (7)
History: 2009 a. 26
PURPOSE, DUTIES, AND AUTHORITY OF DEPARTMENT
Purpose of department.
The purpose of the department is to focus on integrating the child welfare, child care, and child support services provided in this state and the services provided under the Wisconsin Works program and on increasing collaboration and efficiency in providing those services.
History: 2007 a. 20
Duties of department.
The department shall do all of the following:
(3) Trustee duty.
When ordered by the court, act as trustee of funds paid for the support of any child if appointed by the court or a circuit court commissioner under s. 767.82 (7)
(4) Education and prevention.
Develop and maintain education and prevention programs that the department considers to be proper.
Promote the establishment of adequate child care facilities and services in this state by providing start-up grants to newly operating child care facilities and services under rules promulgated by the department.
With the assistance of the judicial conference, develop simplified forms for filing petitions for child abuse restraining orders and injunctions under s. 813.122
. The department shall provide these forms to clerks of circuit court without cost.
As part of its biennial budget request under s. 16.42
, submit a request for funding for child abuse prevention efforts in an amount equal to or greater than 1 percent of the total proposed budget of the department of corrections for the same biennium, as indicated by the estimate provided by the department of corrections under s. 301.03 (14)
Contract for the provision of a centralized unit for determining whether the cost of providing care for a child is eligible for reimbursement under 42 USC 670
(7g) Statewide automated child welfare information system.
Establish a statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9)
, 48.396 (1)
and (2) (a)
, 48.78 (2) (a)
, 48.981 (7)
, 49.45 (4)
, 51.45 (14) (a)
, 55.22 (3)
, 252.11 (7)
, 253.07 (3) (c)
, 938.396 (1) (a)
, and 938.78 (2) (a)
, the department may enter the content of any record kept or information received by the department into the statewide automated child welfare information system, and a county department under s. 46.215
, or 46.23
, the department, or any other organization that has entered into an information sharing and access agreement with the department or any of those county departments and that has been approved for access to the statewide automated child welfare information system by the department may have access to information that is maintained in that system, if necessary to enable the county department, department, or organization to perform its duties under this chapter, ch. 46
, or 938
, or 42 USC 670
or to coordinate the delivery of services under this chapter, ch. 46
, or 938
, or 42 USC 670
. The department may also transfer information that is maintained in the system to a court under s. 48.396 (3) (bm)
, and the court and the director of state courts may allow access to that information as provided in s. 48.396 (3) (c) 2.
In addition, the department, a county department under s. 46.215
, or 46.23
or any other organization that has entered into an information sharing and access agreement, and that has been approved for access to the system, under this subsection may transfer information about a missing child that is maintained in the system to the National Center for Missing and Exploited Children under s. 48.78 (2m) (c)
or 938.78 (2m) (c)
(8) Annual reports.
Annually, the department shall prepare and transmit to the governor, and to the legislature under s. 13.172 (2)
, a report on all of the following:
The status of child abuse and neglect programs and on the status of unborn child abuse programs. The report shall include a full statistical analysis of the child abuse and neglect reports, and the unborn child abuse reports, made through the last calendar year, an evaluation of services offered under this section and their effectiveness, and recommendations for additional legislative and other action to fulfill the purpose of this section. The department shall provide statistical breakdowns by county, if requested by a county.
The number of adoptions under the special needs adoption program granted in the preceding calendar year and the costs to the state for services relating to those adoptions.
The number of children during the preceding calendar year who entered out-of-home care under the placement and care responsibility of a county department or the department under ch. 48
after finalization of an adoption or guardianship. For each child enumerated in the report, the report may include information concerning the length of the adoption or guardianship, the age of the child at the time of the adoption or guardianship, the age at which the child entered out-of-home care, the type of agency involved in making the adoptive or guardianship placement, and any other information determined necessary to better understand factors associated with a child entering out-of-home care after finalization of an adoption or guardianship.
Effective date note
Sub. (8) is shown as renumbered, in part, from s. 48.981 (9) (a) and amended and as created, in part, by 2015 Wis. Act 381
, ss. 4
, all eff. 12-31-17.
(39) Adolescent programming recommendations.
Identify and provide ways to improve coordination of adolescent and parent educational programs and services at the state and local levels by doing all of the following:
Identifying and recommending ways to eliminate governmental barriers to local development of coordinated educational programs and services for adolescents and parents of adolescents.
Identifying and recommending ways to support and involve parents of adolescents in the planning, coordination and delivery of services for adolescents.
(40) Foster care public information.
Conduct a foster care public information campaign.
Authority of department.
The department shall have authority:
To promote the enforcement of the laws relating to nonmarital children, children in need of protection or services including developmentally disabled children and unborn children in need of protection or services and to take the initiative in all matters involving the interests of those children and unborn children when adequate provision for those interests is not made. This duty shall be discharged in cooperation with the courts, county departments, licensed child welfare agencies and with parents, expectant mothers and other individuals interested in the welfare of children and unborn children.
To assist in extending and strengthening child welfare services with appropriate federal agencies and in conformity with the federal social security act and in cooperation with parents, other individuals and other agencies so that all children needing such services are reached.
To accept gifts, grants, or donations of money or of property from private sources to be administered by the department for the execution of its functions. All moneys so received shall be paid into the general fund and may be appropriated from that fund as provided in s. 20.437 (1) (i)
To accept guardianship of children when appointed by the court, and to provide special treatment or care when directed by the court. A court may not direct the department to administer psychotropic medications to children who receive special treatment or care under this subsection.
To accept appointment by a tribal court in this state as guardian of a child for the purpose of making an adoptive placement for the child if all of the following conditions exist:
The child does not have parents or a guardian or the parental rights to the child have been terminated by a tribal court in accordance with procedures that are substantially equivalent to the procedures specified in subch. VIII
The tribal court has transferred the guardianship or legal custody, or both, of the child to the department, if the child does not have parents or a guardian.
The tribal court's judgment for termination of parental rights identifies the department as the agency that will receive guardianship or legal custody, or both, of the child upon termination, if the parental rights to the child have been terminated.
The tribal court has signed a written contract that addresses federal and state law and that provides that the tribal court will accept the return of the legal custody or the legal custody and guardianship of the child if the department petitions the tribal court to do so under s. 48.485 (2)
In order to discharge more effectively its responsibilities under this chapter and other relevant provisions of the statutes, to study causes and methods of prevention and treatment of problems among children and families and related social problems. The department may utilize all powers provided by the statutes, including the authority to accept grants of money or property from federal, state, or private sources, and enlist the cooperation of other appropriate agencies and state departments.
To place children under its guardianship for adoption.
To enter into agreements with Indian tribes in this state to implement the federal Indian Child Welfare Act, 25 USC 1901
To reimburse tribes and county departments, from the appropriation under s. 20.437 (1) (kz)
, for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts, other than placements to which s. 938.485 (4)
applies, and for subsidized guardianship payments under s. 48.623 (1)
for guardianships of Indian children ordered by tribal courts. In this subsection, "unusually high-cost out-of-home care placements" means the amount by which the cost to a tribe or to a county department of out-of-home care placements of Indian children by tribal courts, other than placements to which s. 938.485 (4)
applies, exceeds $50,000 in a fiscal year.
To license foster homes as provided in s. 48.66 (1) (a)
for its own use or for the use of licensed child welfare agencies or, if requested to do so, for the use of county departments.
When notified of the birth or expected birth of a child who is or is likely to be a nonmarital child, to see that the interests of the child are safeguarded, that steps are taken to establish the child's paternity and that there is secured for the child, if possible, the care, support and education the child would receive if he or she were a marital child.
To enter into an agreement to assist in the cost of care of a child after legal adoption when the department has determined that such assistance is necessary to assure the child's adoption. Agreements under this paragraph shall be made in accordance with s. 48.975
. Payments shall be made from the appropriation under s. 20.437 (1) (dd)
This subsection shall be administered by the department according to criteria, standards and review procedures which it shall establish.
To promulgate rules for the payment of an allowance to children in its institutions and a cash grant to a child being discharged from its institutions.