Wis. Stat. § 48.245 — Informal disposition

48.245 Informal disposition. (1) An intake worker may enter into a written agreement with all parties that imposes informal disposition under this section if all of the following apply: (a) The intake worker has determined that neither the interests of the child or unborn child nor of the public require the filing of a petition for circumstances relating to ss. 48.13 to 48.14. (b) The facts persuade the intake worker that the jurisdiction of the court, if sought, would exist. (c) The child, if 12 years of age or over, and the child’s parent, guardian, and legal custodian; the parent, guardian, and legal custodian of the child expectant mother and the child expectant mother, if 12 years of age or over; or the adult expectant mother, consent. (2) (a) Informal disposition may provide for any one or more of the following: 1. That the child appear with a parent, guardian or legal custodian for counseling and advice or that the adult expectant mother appear for counseling and advice. 2. That the child and a parent, guardian and legal custodian abide by such obligations as will tend to ensure the rehabilitation, protection or care of the child or that the expectant mother abide by such obligations as will tend to ensure the protection or care of the unborn child and the rehabilitation of the expectant mother. 3. That the child or expectant mother submit to an alcohol

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and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) and that is conducted by an approved treatment facility for an examination of the use of alcohol beverages, controlled substances or controlled substance analogs by the child or expectant mother and any medical, personal, family or social effects caused by its use, if the multidisciplinary screen conducted under s. 48.24 (2) shows that the child or expectant mother is at risk of having needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects. 4. That the child or expectant mother participate in an alcohol and other drug abuse outpatient treatment program or an education program relating to the abuse of alcohol beverages, controlled substances or controlled substance analogs, if an alcohol and other drug abuse assessment conducted under subd. 3. recommends outpatient treatment or education. (b) Informal disposition may not include any form of out-ofhome placement and may not exceed 6 months, except as provided under sub. (2r). (c) If the informal disposition provides for alcohol and other drug abuse outpatient treatment under par. (a) 4., the child, if 12 years of age or over, and the child’s parent, guardian, or legal custodian, or the adult expectant mother, shall execute an informed consent form that indicates that they are, or that she is, voluntarily and knowingly entering into an informal disposition agreement for the provision of alcohol and other drug abuse outpatient treatment. (2r) The intake worker may, after giving written notice to the child, the child’s parent, guardian, and legal custodian, and their counsel, if any, or after giving written notice to the child expectant mother, her parent, guardian, and legal custodian, and their counsel, if any, or after giving written notice to the adult expectant mother and her counsel, if any, extend the informal disposition for up to an additional 6 months unless the parent, guardian, or legal custodian, the child or child expectant mother, if 12 years of age or over, or the adult expectant mother objects to the extension. If the parent, guardian, or legal custodian, the child or child expectant mother, if 12 years of age or over, or the adult expectant mother objects to the extension, the intake worker may request the district attorney or corporation counsel to file a petition under s. 48.13 or 48.133. An extension under this subsection may be granted only once for any informal disposition. An extension under this subsection of an informal disposition relating to an unborn child who is alleged to be in need of protection or services may be granted after the child is born. (3) The obligations imposed under an informal disposition and its effective date shall be set forth in writing. The written agreement shall state whether the child has been adopted. The child and a parent, guardian, and legal custodian; the child expectant mother, her parent, guardian, and legal custodian, and the unborn child’s guardian ad litem; or the adult expectant mother and the unborn child’s guardian ad litem, shall receive a copy, as shall any agency providing services under the agreement. (4) The intake worker shall inform the child, if 12 years of age or over, and the child’s parent, guardian, and legal custodian, the child expectant mother, if 12 years of age or over, and her parent, guardian, and legal custodian, or the adult expectant mother in writing of their right to terminate the informal disposition at any time or object at any time to the fact or terms of the informal disposition. If there is an objection, the intake worker may alter the terms of the agreement or request the district attorney or corporation counsel to file a petition. If the informal disposition is terminated, the intake worker may request the district attorney or corporation counsel to file a petition. (5) Informal disposition shall be terminated upon the request

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of the child, if 12 years of age or over, or the child’s parent, guardian, or legal custodian, upon request of the child expectant mother, if 12 years of age or over, or her parent, guardian, or legal custodian, or upon the request of the adult expectant mother. (5m) An informal disposition is terminated if the district attorney or corporation counsel files a petition within 20 days after receipt of notice of the informal disposition under s. 48.24 (5). (7) If at any time during the period of informal disposition the intake worker determines that the obligations imposed under it are not being met, the intake worker may cancel the informal disposition. Within 10 days after the informal disposition is cancelled, the intake worker shall notify the district attorney, corporation counsel, or other official under s. 48.09 of the cancellation and may request that a petition be filed. The district attorney, corporation counsel, or other official under s. 48.09 shall file the petition or close the case within 20 days after the date of the notice. The petition may include information received before the effective date of the informal disposition, as well as information received during the period of the informal disposition, including information indicating that a party has not met the obligations imposed under the informal disposition, to provide a basis for conferring jurisdiction on the court. The court shall grant appropriate relief as provided in s. 48.315 (3) with respect to any petition that is not filed within the time period specified in this subsection. Failure to object to the fact that a petition is not filed within the time period specified in this subsection waives any objection to the court’s competency to act on the petition. (8) If the obligations imposed under the informal disposition are met, the intake worker shall so inform the child and a parent, guardian, and legal custodian; the child expectant mother, her parent, guardian, and legal custodian, and the unborn child’s guardian ad litem; or the adult expectant mother and the unborn child’s guardian ad litem, in writing, and no petition may be filed on the charges that brought about the informal disposition nor may the charges be the sole basis for a petition under ss. 48.13 to 48.14. (9) The intake worker shall perform his or her responsibilities under this section under general written policies which the judge shall promulgate under s. 48.06 (1) or (2). History: 1977 c. 354; 1979 c. 300, 331, 359; 1985 a. 311; 1987 a. 27, 285, 339, 403; 1991 a. 213, 253, 315; 1993 a. 98; 1995 a. 24, 77, 275, 448; 1997 a. 80, 292; 2007 a. 199; 2009 a. 79; 2013 a. 170; 2015 a. 381.

48.25 Petition: authorization to file. (1) A petition initiating proceedings under this chapter shall be signed by a person who has knowledge of the facts alleged or is informed of them and believes them to be true. The district attorney, corporation counsel or other appropriate official specified under s. 48.09 may file the petition if the proceeding is under s. 48.13 or 48.133. The counsel or guardian ad litem for a parent, relative, guardian or child may file a petition under s. 48.13 or 48.14. The counsel or guardian ad litem for an expectant mother or the guardian ad litem for an unborn child may file a petition under s. 48.133. The district attorney, corporation counsel or other appropriate person designated by the court may initiate proceedings under s. 48.14 in a manner specified by the court. (2) If the proceeding is brought under s. 48.13 or 48.133, the district attorney, corporation counsel, or other appropriate official shall file the petition, close the case, or refer the case back to intake within 20 days after the date that the intake worker’s request was filed. A referral back to intake may be made only when the district attorney, corporation counsel, or other appropriate official decides not to file a petition or determines that further investigation is necessary. If the case is referred back to intake upon a decision not to file a petition, the intake worker shall close the case or enter into an informal disposition within 20 days after

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the date of the referral. If the case is referred back to intake for further investigation, the appropriate agency or person shall complete the investigation within 20 days after the date of the referral. If another referral is made to the district attorney, corporation counsel, or other appropriate official, it shall be considered a new referral to which the time periods of this subsection apply. The time periods in this subsection may only be extended by a court upon a showing of good cause under s. 48.315. If a petition is not filed within the applicable time period set forth in this subsection and the court has not granted an extension, the petition shall be accompanied by a statement of reasons for the delay. The court shall grant appropriate relief as provided in s. 48.315 (3) with respect to any petition that is not filed within the applicable time period specified in this subsection. Failure to object to the fact that a petition is not filed within the applicable time period specified in this subsection waives any challenge to the court’s competency to act on the petition. (3) If the district attorney, corporation counsel or other appropriate official specified in s. 48.09 refuses to file a petition, any person may request the judge to order that the petition be filed and a hearing shall be held on the request. The judge may order the filing of the petition on his or her own motion. The matter may not be heard by the judge who orders the filing of a petition. (6) If a proceeding is brought under s. 48.13, any party to or any governmental or social agency involved in the proceeding may petition the court to issue a temporary restraining order and injunction as provided in s. 813.122 or 813.125. The court exercising jurisdiction under this chapter shall follow the procedure under s. 813.122 or 813.125 except that the court may combine hearings authorized under s. 813.122 or 813.125 and this chapter, the petitioner for the temporary restraining order and injunction is not subject to the limitations under s. 813.122 (2) (a) or 813.125 (2) and no fee is required regarding the filing of the petition under s. 813.122 or 813.125. History: 1977 c. 354, 447; 1979 c. 300, 331, 355, 359; 1985 a. 234; 1993 a. 318; 1995 a. 77; 1997 a. 292; 2007 a. 199; 2013 a. 321. “Good cause” under sub. (2) is determined by first considering the best interests of the child. Additional factors are whether: 1) the party seeking the enlargement of time has acted in good faith; 2) the opposing party is not prejudiced; and 3) the dilatory party took prompt action to remedy the situation. F.E.W. v. State, 143 Wis. 2d 856, 422 N.W.2d 893 (Ct. App. 1988). In a case referred by the district attorney of one county to another county, each district attorney had 20 days under sub. (2) to act following the respective referrals by the intake workers of each county. State v. Everett, 231 Wis. 2d 616, 605 N.W.2d 633 (Ct. App. 1999), 98-3444.

48.255 Petition; form and content. (1) A petition initiating proceedings under this chapter, other than a petition under s. 48.133 or 48.9795, shall be entitled, “In the interest of (child’s name), a person under the age of 18” and shall set forth with specificity: (a) The name, birth date, and address of the child and whether the child has been adopted. (b) The names and addresses of the child’s parent, guardian, legal custodian or spouse, if any; or if no such person can be identified, the name and address of the nearest relative. (c) Whether the child is in custody, and, if so, the place where the child is being held and the time he or she was taken into custody unless there is reasonable cause to believe that such disclosure would result in imminent danger to the child or physical custodian. (cg) The information required under s. 822.29 (1). (cm) Whether the child may be subject to the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the child may be subject to that act, the names and addresses of the child’s Indian custodian, if any, and Indian tribe, if known. (e) If the child is alleged to come within the provisions of s. 48.13 or 48.14, reliable and credible information which forms the

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basis of the allegations necessary to invoke the jurisdiction of the court and to provide reasonable notice of the conduct or circumstances to be considered by the court together with a statement that the child is in need of supervision, services, care or rehabilitation. (f) If the child is being held in custody outside of his or her home, reliable and credible information showing that continued placement of the child in his or her home would be contrary to the welfare of the child and, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, reliable and credible information showing that the person who took the child into custody and the intake worker have made reasonable efforts to prevent the removal of the child from the home, while assuring that the child’s health and safety are the paramount concerns, and to make it possible for the child to return safely home. (g) If the petitioner knows or has reason to know that the child is an Indian child, and if the child has been removed from the home of his or her parent or Indian custodian, reliable and credible information showing that continued custody of the child by the child’s parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1. and reliable and credible information showing that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. The petition shall set forth with specificity both the information required under this paragraph and the information required under par. (f). (1m) A petition initiating proceedings under s. 48.133 shall be entitled “In the interest of (J. Doe), an unborn child, and (expectant mother’s name), the unborn child’s expectant mother” and shall set forth with specificity: (a) The estimated gestational age of the unborn child. (b) The name, birth date and address of the expectant mother. (bm) The names and addresses of the parent, guardian, legal custodian or spouse, if any, of the expectant mother, if the expectant mother is a child, the name and address of the spouse, if any, of the expectant mother, if the expectant mother is an adult, or, if no such person can be identified, the name and address of the nearest relative of the expectant mother. (c) Whether the expectant mother is in custody and, if so, the place where the expectant mother is being held and the time when the expectant mother was taken into custody unless there is reasonable cause to believe that disclosure of that information would result in imminent danger to the unborn child, expectant mother or physical custodian. (d) Whether the unborn child, when born, may be subject to the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the unborn child may be subject to that act, the name and address of the Indian tribe in which the unborn child may be eligible for affiliation when born, if known. (e) Reliable and credible information which forms the basis of the allegations necessary to invoke the jurisdiction of the court under s. 48.133 and to provide reasonable notice of the conduct or circumstances to be considered by the court, together with a statement that the unborn child is in need of protection or care and that the expectant mother is in need of supervision, services, care or rehabilitation. (f) If the expectant mother is a child and the child expectant mother is being held in custody outside of her home, reliable and credible information showing that continued placement of the child expectant mother in her home would be contrary to the welfare of the child expectant mother and, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, reliable and credible information showing that the person who took the child expectant mother into custody and the intake worker have made

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reasonable efforts to prevent the removal of the child expectant mother from the home, while assuring that the child expectant mother’s health and safety are the paramount concerns, and to make it possible for the child expectant mother to return safely home. (g) If the petitioner knows or has reason to know that the expectant mother is an Indian child, and if the child expectant mother has been removed from the home of her parent or Indian custodian, reliable and credible information showing that continued custody of the child expectant mother by her parent or Indian custodian is likely to result in serious emotional or physical damage to the child expectant mother under s. 48.028 (4) (d) 1. and reliable and credible information showing that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. The petition shall set forth with specificity both the information required under this paragraph and the information required under par. (f). (2) If any of the facts required under sub. (1) (a) to (cm), (f), and (g) or (1m) (a) to (d), (f), and (g) are not known or cannot be ascertained by the petitioner, the petition shall so state. (3) If the information required under sub. (1) (e) or (1m) (e) is not stated, the petition shall be dismissed or amended under s. 48.263 (2). (4) A copy of a petition under sub. (1) shall be given to the child if the child is 12 years of age or over and to a parent, guardian, legal custodian, and physical custodian. A copy of a petition under sub. (1m) shall be given to the child expectant mother, if 12 years of age or over, her parent, guardian, legal custodian, and physical custodian, and the unborn child’s guardian ad litem or to the adult expectant mother, the unborn child’s guardian ad litem, and the physical custodian of the expectant mother, if any. If the child is an Indian child who has been removed from the home of his or her parent or Indian custodian or the unborn child will be an Indian child when born, a copy of a petition under sub. (1) or (1m) shall also be given to the Indian child’s Indian custodian and tribe or the Indian tribe with which the unborn child may be eligible for affiliation when born. (5) Subsections (1) to (4) do not apply to petitions to initiate a proceeding under s. 48.375 (7). History: 1977 c. 354; 1991 a. 263; 1995 a. 27, 77, 352; 1997 a. 292; 2001 a. 109; 2009 a. 94; 2013 a. 170; 2015 a. 373, 381; 2019 a. 109. A CHIPS petition that alleged that a child was the victim of sexual abuse, but contained no information giving rise to an inference that there was something the court could do for the child that was not already being provided, was insufficient. State v. Courtney E., 184 Wis. 2d 592, 516 N.W.2d 422 (1994).

48.257 Petition to initiate a procedure to waive parental consent prior to a minor’s abortion. (1) A petition to initiate a proceeding under s. 48.375 (7) shall be entitled, “In the interest of ‘Jane Doe’, a person under the age of 18”, and shall set forth with specificity: (a) The name “Jane Doe” and the minor’s date of birth. (b) A statement that the minor is pregnant and the estimated gestational age of the fetus at the time that the petition is filed, and a statement that the minor is seeking an abortion. (c) The name and address of the person who intends to perform or induce the abortion, if known. If that person is not known, the name and address of the clinic or other medical facility that intends to perform or induce the abortion, if known. (d) A request for waiver of the parental consent requirement under s. 48.375 (4). (e) A statement alleging that the minor is mature and well-informed enough to make her own decision on whether or not to have an abortion and facts sufficient to establish that the minor is mature enough and well-informed enough to make her own decision.

(f) A statement alleging that, if the circuit court does not find that the minor is mature enough and well-informed enough to make her own decision, the circuit court should find that having an abortion is in the minor’s best interest and facts sufficient to establish that an abortion is in the minor’s best interest. (g) A statement acknowledging that the minor has been fully informed of the risks and consequences of abortion and the risks and consequences of carrying the pregnancy to term. (h) If the minor is not represented by counsel, the place where and the manner in which the minor wishes to be notified of proceedings under s. 48.375 (7) until appointment of counsel under s. 48.375 (7) (a) 1. If the petition is filed by a member of the clergy on behalf of the minor, the place where and manner in which the member of the clergy wishes to be notified of proceedings under s. 48.375 (7). (2) The director of state courts shall provide simplified forms for use in filing a petition under this section to the clerk of circuit court in each county. (3) The minor who is seeking the abortion shall sign the name “Jane Doe” on the petition to initiate a proceeding under s. 48.375 (7). No other person may be required to sign the petition. (4) The clerk of circuit court shall give a copy of the petition to the minor or to the member of the clergy who files a petition on behalf of the minor, if any. (5) The minor, or the intake worker under s. 48.067 (7m), shall file the completed petition under this section with the clerk of circuit court. (6) No filing fee may be charged for a petition under this section. History: 1991 a. 263, 315.

48.263 Amendment of petition. (1) Except as provided in s. 48.255 (3), no petition, process or other proceeding may be dismissed or reversed for any error or mistake if the case and the identity of the child or expectant mother named in the petition may be readily understood by the court; and the court may order an amendment curing the defects. (2) With reasonable notification to the interested parties and prior to the taking of a plea under s. 48.30, the petition may be amended at the discretion of the court or person who filed the petition. After the taking of a plea, the petition may be amended provided any objecting party is allowed a continuance for a reasonable time. History: 1977 c. 354; 1979 c. 300; 1995 a. 77; 1997 a. 292.

48.27 Notice; summons. (1) (a) After a petition has been filed relating to facts concerning a situation specified under s. 48.13 or a situation specified in s. 48.133 involving an expectant mother who is a child, unless the parties under sub. (3) voluntarily appear, the court may issue a summons requiring the person who has legal custody of the child to appear personally, and, if the court so orders, to bring the child before the court at a time and place stated. (b) After a petition has been filed relating to facts concerning a situation specified under s. 48.133 involving an expectant mother who is an adult, unless the adult expectant mother voluntarily appears, the court may issue a summons requiring the adult expectant mother to appear personally before the court at a time and place stated. (2) Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the court, is necessary. (3) (a) 1. If the petition that was filed relates to facts concerning a situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother who is a child, the court shall no-

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tify, under s. 48.273, the child, any parent, guardian, and legal custodian of the child, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the unborn child’s guardian ad litem, if applicable, and any person specified in par. (b), (d), or (e), if applicable, of all hearings involving the child except hearings on motions for which notice must be provided only to the child and his or her counsel and, if applicable, to the unborn child’s guardian ad litem. If parents who are entitled to notice have the same place of residence, notice to one constitutes notice to the other. The first notice to any interested party, foster parent, or other physical custodian described in s. 48.62 (2) shall be in writing and may have a copy of the petition attached to it. Notices of subsequent hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke. 1m. The court shall give a foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 1. 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, relevant to the issues to be determined at the hearing. A foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. and a right to be heard under this subdivision 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. 2. Failure to give notice under subd. 1. to a foster parent or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the action or proceeding. If a foster parent or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under subd. 1., that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing. (b) 1. Except as provided in subd. 2., if the petition that was filed relates to facts concerning a situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother who is a child and if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry as provided under s. 767.803 and if paternity has not been established, the court shall notify, under s. 48.273, all of the following persons: a. A person who has filed a declaration of paternal interest under s. 48.025. b. A person alleged to the court to be the father of the child or who may, based on the statements of the mother or other information presented to the court, be the father of the child. 2. A court is not required to provide notice, under subd. 1., to any person who may be the father of a child conceived as a result of a sexual assault if a physician attests to his or her belief that there was a sexual assault of the child’s mother that may have resulted in the child’s conception. (c) If the petition that was filed relates to facts concerning a situation under s. 48.133 involving an expectant mother who is an adult, the court shall notify, under s. 48.273, the unborn child’s guardian ad litem, the expectant mother, the physical custodian of the expectant mother, if any, and any person specified in par. (d), if applicable, of all hearings involving the unborn child and expectant mother except hearings on motions for which notice need only be provided to the expectant mother and her counsel and the unborn child’s guardian ad litem. The first notice to any interested party shall be written and may have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed

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statement of the time notice was given and the person to whom he or she spoke. (d) If the petition that was filed relates to facts concerning a situation under s. 48.13 or 48.133 involving an Indian child who has been removed from the home of his or her parent or Indian custodian or a situation under s. 48.133 involving an unborn child who, when born, will be an Indian child, the court shall notify, under s. 48.273, the Indian child’s Indian custodian and tribe or the Indian tribe with which the unborn child may be eligible for affiliation when born and that Indian custodian or tribe may intervene at any point in the proceeding. (e) If the petition that was filed relates to facts concerning a situation under s. 48.13, the court shall also notify, under s. 48.273, the court-appointed special advocate for the child of all hearings involving the child. The first notice to a court-appointed special advocate shall be written and shall have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time that notice was given and the person to whom he or she spoke. (4) (a) A notice under sub. (3) (a) or (b) shall: 1. Contain the name of the child, and the nature, location, date and time of the hearing. 2. Advise the child and any party, if applicable, of his or her right to legal counsel regardless of ability to pay. (b) A notice under sub. (3) (c) shall: 1. Contain the name of the adult expectant mother, and the nature, location, date and time of the hearing. 2. Advise the adult expectant mother of her right to legal counsel regardless of ability to pay. (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person conclusively determined from genetic test results to be the father under s. 767.804 (1), any person who has acknowledged paternity of the child under s. 767.805 (1), and any person who has been adjudged to be the father of the child in a judicial proceeding unless the person’s parental rights have been terminated. (6) When a proceeding is initiated under s. 48.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court. If the child who is the subject of the proceeding is in the care of a foster parent or other physical custodian described in s. 48.62 (2), the court shall give the foster parent or other physical custodian notice and a right to be heard as provided in sub. (3) (a). (8) When a petition is filed under s. 48.13 or when a petition involving an expectant mother who is a child is filed under s. 48.133, the court shall notify, in writing, the child’s parents or guardian that they may be ordered to reimburse this state or the county for the costs of legal counsel provided for the child, as provided under s. 48.275 (2). (9) Subsections (1) to (8) do not apply in any proceeding under s. 48.375 (7). For proceedings under s. 48.375 (7), the circuit court shall provide notice only to the minor, her counsel, if any, the member of the clergy who filed the petition on behalf of the minor, if any, and her guardian ad litem, if any. The notice shall contain the title and case number of the proceeding, and the nature, location, date and time of the hearing or other proceeding. Notice to the minor or to the member of the clergy, if any, shall be provided as requested under s. 48.257 (1) (h) and, after appointment of the minor’s counsel, if any, by her counsel. History: 1977 c. 354; 1979 c. 300, 331, 359; 1983 a. 27; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 403; 1991 a. 263, 315; 1993 a. 98, 395; 1995 a. 27, 77, 275; 1997 a. 237, 292; 1999 a. 32, 149; 2005 a. 293; 2005 a. 443 s. 265; 2007 a. 96; 2009 a. 28, 79, 94; 2013 a. 170; 2019 a. 95.

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48.273 Service of summons or notice; expense. (1) (a) Except as provided in pars. (ag), (ar), and (b), service of summons or notice required by s. 48.27 may be made by mailing a copy of the summons or notice to the person summoned or notified. (ag) In a situation described in s. 48.27 (3) (d) involving an Indian child, service of summons or notice required by s. 48.27 to the Indian child’s parent, Indian custodian, or tribe shall be made as provided in s. 48.028 (4) (a). (ar) Except as provided in par. (b), if the person fails to appear at the hearing or otherwise to acknowledge service, a continuance shall be granted and service shall be made personally by delivering to the person a copy of the summons or notice; except that if the court determines that it is impracticable to serve the summons or notice personally, the court may order service by certified mail addressed to the last-known address of the person. (b) The court may refuse to grant a continuance when the child is being held in secure custody, but if the court so refuses, the court shall order that service of notice of the next hearing be made personally or by certified mail to the last-known address of the person who failed to appear at the hearing. (c) Personal service shall be made at least 72 hours before the hearing. Mail shall be sent at least 7 days before the hearing, except as follows: 1. When the petition is filed under s. 48.13 and the person to be notified lives outside the state, the mail shall be sent at least 14 days before the hearing. 2. When a petition under s. 48.13 or 48.133 involves an Indian child who has been removed from the home of his or her parent or Indian custodian and the person to be notified is the Indian child’s parent, Indian custodian, or tribe, the mail shall be sent so that it is received by the person to be notified at least 10 days before the hearing or, if the identity or location of the person to be notified cannot be determined, by the U.S. secretary of the interior at least 15 days before the hearing. (2) Service of summons or notice required by this chapter may be made by any suitable person under the direction of the court. (3) The expenses of service of summons or notice or of the publication of summons or notice and the traveling expenses and fees as allowed in ch. 885 incurred by any person summoned or required to appear at the hearing of any case coming within the jurisdiction of the court under ss. 48.13 to 48.14, shall be a charge on the county when approved by the court. (4) (a) Subsections (1) and (3) do not apply to any proceeding under s. 48.375 (7). (b) Personal service is required for notice of all proceedings under s. 48.375 (7), except that, if the minor is not represented by counsel, notice to the minor shall be in the manner and at the place designated in the petition under s. 48.257 (1) until appointment of the minor’s counsel, if any, under s. 48.375 (7) (a) 1. Notice shall be served immediately for any proceeding under s. 48.375 (7) unless the minor waives the immediate notice. If the minor waives the immediate notice, the notice shall be served at least 24 hours before the time of the hearing under s. 48.375 (7) (b) or any other proceeding under s. 48.375 (7). A minor may, in acknowledging receipt of service of the notice, sign the name “Jane Doe” in lieu of providing the minor’s full signature. (c) The expenses of service of notice and the travel expenses and fees allowed in ch. 885 incurred by any person who is required to appear, other than the minor who is named in the petition, in any proceeding under s. 48.375 (7) shall be paid by the

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county in which the circuit court that holds the proceeding is located. History: 1977 c. 354; 1979 c. 300; 1991 a. 263; 1993 a. 98; 1995 a. 77; 2009 a. 94. Service under this section is applicable to members of an Indian tribe. M.L.S. v. State, 157 Wis. 2d 26, 458 N.W.2d 541 (Ct. App. 1990).

48.275 Parents’ contribution to cost of court and legal services. (1) If the court finds a child to be in need of protection or services under s. 48.13 or an unborn child of an expectant mother who is a child to be in need of protection or services under s. 48.133, the court shall order the parent of the child to contribute toward the expense of post-adjudication services to the child expectant mother and the child when born the proportion of the total amount which the court finds the parent is able to pay. If the court finds an unborn child of an expectant mother who is an adult to be in need of protection or services under s. 48.133, the court shall order the adult expectant mother to contribute toward the expense of post-adjudication services to the adult expectant mother and the child when born the proportion of the total amount which the court finds the adult expectant mother is able to pay. (2) (a) If this state or a county provides legal counsel to a child who is subject to a proceeding under s. 48.13 or to a child expectant mother who is subject to a proceeding under s. 48.133, the court shall order the child’s parent to reimburse the state or county in accordance with par. (b) or (c). If this state or a county provides legal counsel to an adult expectant mother who is subject to a proceeding under s. 48.133, the court shall order the adult expectant mother to reimburse the state or county in accordance with par. (b) or (c). The court may not order reimbursement if a parent is the complaining or petitioning party or if the court finds that the interests of the parent and the interests of the child in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent. The court may not order reimbursement until the completion of the proceeding or until the state or county is no longer providing the child or expectant mother with legal counsel in the proceeding. (b) If this state provides the child or adult expectant mother with legal counsel and the court orders reimbursement under par. (a), the child’s parent or the adult expectant mother may request the state public defender to determine whether the parent or adult expectant mother is indigent as provided under s. 977.07 and to determine the amount of reimbursement. If the parent or adult expectant mother is found not to be indigent, the amount of reimbursement shall be the maximum amount established by the public defender board. If the parent or adult expectant mother is found to be indigent in part, the amount of reimbursement shall be the amount of partial payment determined in accordance with the rules of the public defender board under s. 977.02 (3). (c) If the county provides the child or adult expectant mother with legal counsel and the court orders reimbursement under par. (a), the court shall either make a determination of indigency or shall appoint the county department to make the determination. If the court or the county department finds that the parent or adult expectant mother is not indigent or is indigent in part, the court shall establish the amount of reimbursement and shall order the parent or adult expectant mother to pay it. (cg) The court shall, upon motion by a parent or expectant mother, hold a hearing to review any of the following: 1. An indigency determination made under par. (b) or (c). 2. The amount of reimbursement ordered. 3. The court’s finding, under par. (a), that the interests of the parent and the child are not substantially and directly adverse and that ordering the payment of reimbursement would not be unfair to the parent.

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(cr) Following a hearing under par. (cg), the court may affirm, rescind or modify the reimbursement order. (d) 1. In a county having a population of less than 750,000, reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer, who shall deposit 25 percent of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit 100 percent of the amount paid for county-provided counsel in the county treasury. 2. In a county having a population of 750,000 or more, reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the secretary of administration, who shall deposit the amount paid in the general fund and credit 25 percent of the amount paid to the appropriation account under s. 20.437 (1) (gx) and the remainder to the appropriation account under s. 20.550 (1) (L). (dm) Within 30 days after each calendar quarter, the clerk of court for each county shall report to the state public defender all of the following: 1. The total amount of reimbursement determined or ordered under par. (b) or (cr) for state-provided counsel during the previous calendar quarter. 2. The total amount collected under par. (d) for state-provided counsel during the previous calendar quarter. (e) A person who fails to comply with an order under par. (b) or (c) may be proceeded against for contempt of court under ch. 785. (3) This section does not apply to any proceedings under s. 48.375 (7). History: 1977 c. 29, 354, 449; 1981 c. 20; 1983 a. 27; 1985 a. 29, 176; 1987 a. 27; 1991 a. 263; 1993 a. 98, 446; 1995 a. 27, 77; 1997 a. 27, 292; 2003 a. 33; 2007 a. 20; 2015 a. 172. Guardian ad litem fees are not reimbursable under sub. (2) (a). A. v. Racine County, 119 Wis. 2d 349, 349 N.W.2d 743 (Ct. App. 1984).

48.28 Failure to obey summons; capias. If any person summoned fails without reasonable cause to appear, he or she may be proceeded against for contempt of court. In case the summons cannot be served or the parties served fail to obey the same, or in any case when it appears to the court that the service will be ineffectual a capias may be issued for the parent or guardian or for the child. Subchapter IV governs the taking and holding of a child in custody. History: 1977 c. 354 s. 41; Stats. 1977 s. 48.28; 1979 c. 331, 359. The issuance of a capias to secure the physical attendance of a juvenile prior to the service of the summons and petition on the juvenile was error but did not deny the court personal jurisdiction. State v. Jermaine T.J., 181 Wis. 2d 82, 510 N.W.2d 735 (Ct. App. 1993).

48.29 Substitution of judge. (1) The child, the child’s parent, guardian or legal custodian, the expectant mother, or the unborn child’s guardian ad litem, either before or during the plea hearing, may file a written request with the clerk of the court or other person acting as the clerk for a substitution of the judge assigned to the proceeding. When any person has the right to request a substitution of judge, that person’s counsel or guardian ad litem may file the request. Not more than one such written request may be filed in any one proceeding, nor may any single request name more than one judge. This section does not apply to proceedings under s. 48.21 or 48.213. (1m) When the clerk receives a request for substitution, the clerk shall immediately contact the judge whose substitution has been requested for a determination of whether the request was

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made timely and in proper form. If the request is found to be timely and in proper form, the judge named in the request has no further jurisdiction and the clerk shall request the assignment of another judge under s. 751.03. If no determination is made within 7 days, the clerk shall refer the matter to the chief judge of the judicial administrative district for determination of whether the request was made timely and in proper form and reassignment as necessary. (3) Subsections (1) and (1m) do not apply in any proceeding under s. 48.375 (7). For proceedings under s. 48.375 (7), the minor may select the judge whom she wishes to be assigned to the proceeding and that judge shall be assigned to the proceeding. History: 1977 c. 354; 1979 c. 32 s. 92 (1); 1979 c. 300; 1987 a. 151; 1991 a. 263; 1993 a. 98; 1995 a. 77; 1997 a. 35, 292; 2013 a. 170; Sup. Ct. Order No. 20-07, 2021 WI 37, 397 Wis. 2d xiii. Sub. (1) permits more than one party to file a request for a substitution of judge in a termination of parental rights proceeding. State ex rel. Julie A.B. v. Circuit Court, 2002 WI App 220, 257 Wis. 2d 285, 650 N.W.2d 920, 02-1479. This section, not s. 801.58, is applicable to judicial substitutions in termination of parental rights cases. Brown County Department of Human Services v. Terrance M., 2005 WI App 57, 280 Wis. 2d 396, 694 N.W.2d 458, 04-2379.

48.293 Discovery. (1) Copies of all law enforcement officer reports, including the officer’s memorandum and witnesses’ statements, shall be made available upon request to counsel or guardian ad litem for any party and to the court-appointed special advocate for the child prior to a plea hearing. The reports shall be available through the representative of the public designated under s. 48.09. The identity of a confidential informant may be withheld pursuant to s. 905.10. (2) All records relating to a child, or to an unborn child and the unborn child’s expectant mother, that are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party and to inspection by the court-appointed special advocate for the child, upon demand and upon presentation of releases when necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with permission of the court. The court may instruct counsel, a guardian ad litem, or a court-appointed special advocate not to disclose specified items in the materials to the child or the parent, or to the expectant mother, if the court reasonably believes that the disclosure would be harmful to the interests of the child or the unborn child. This subsection does not apply to a guardianship proceeding under s. 48.9795. (3) Upon request prior to the fact-finding hearing, counsel for the interests of the public shall disclose to the child, through his or her counsel or guardian ad litem, or to the unborn child’s guardian ad litem, the existence of any audiovisual recording of an oral statement of a child under s. 908.08 that is within the possession, custody, or control of the state and shall make reasonable arrangements for the requesting person to view the statement. If, after compliance with this subsection, the state obtains possession, custody, or control of such a statement, counsel for the interests of the public shall promptly notify the requesting person of that fact and make reasonable arrangements for the requesting person to view the statement. (4) In addition to the discovery procedures permitted under subs. (1) to (3), the discovery procedures permitted under ch. 804 shall apply in all proceedings under this chapter. History: 1977 c. 354; 1985 a. 262; 1989 a. 121; 1993 a. 16; 1995 a. 77, 275; 1997 a. 292; 1999 a. 149; 2005 a. 42; 2013 a. 170; 2019 a. 109. Judicial Council Note, 1985: Sub. (3) makes videotaped oral statements of children in the possession, custody or control of the state discoverable upon demand by the child, child’s counsel or guardian ad litem. These statements may be admissible under s. 908.08, stats. [85 Act 262] The juvenile court must make a threshold relevancy determination by an in camera review when confronted with: 1) a discovery request under sub. (2); 2) an inspection request of juvenile records under ss. 48.396 (2) and 938.396 (2); or 3) an inspection request of agency records under ss. 48.78 (2) (a) and 938.78 (2) (a). The

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test for permissible discovery is whether the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Courtney F. v. Ramiro M.C., 2004 WI App 36, 269 Wis. 2d 709, 676 N.W.2d 545, 03-3018.

48.295 Physical, psychological, mental or developmental examination. (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist or licensed psychologist, or by another expert appointed by the court holding at least a master’s degree in social work or another related field of child development, in order that the child’s physical, psychological, alcohol or other drug dependency, mental, or developmental condition may be considered. The court may also order a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for a child is at issue before the court or of an expectant mother whose ability to control her use of alcohol beverages, controlled substances, or controlled substance analogs is at issue before the court. The court shall hear any objections by the child or the child’s parents, guardian, or legal custodian to the request for such an examination or assessment before ordering the examination or assessment. The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination in a county having a population of less than 750,000 or by the department in a county having a population of 750,000 or more. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361. (1c) Reasonable cause is considered to exist to warrant an alcohol and other drug abuse assessment under sub. (1) if the multidisciplinary screen procedure conducted under s. 48.24 (2) indicates that the child or expectant mother is at risk of having needs and problems related to alcohol or other drug abuse. (1g) If the court orders an alcohol or other drug abuse assessment under sub. (1), the approved treatment facility shall, within 14 days after the court order, report the results of the assessment to the court, except that, upon request by the approved treatment facility and if the child is not an expectant mother under s. 48.133 and is not held in secure or nonsecure custody, the court may extend the period for assessment for not more than 20 additional working days. The report shall include a recommendation as to whether the child or expectant mother is in need of treatment for abuse of alcohol beverages, controlled substances or controlled substance analogs or education relating to the use of alcohol beverages, controlled substances and controlled substance analogs and, if so, shall recommend a service plan and an appropriate treatment, from an approved treatment facility, or a court-approved education program. (2) The examiner shall file a report of the examination with the court by the date specified in the order. The court shall cause copies to be transmitted to the district attorney or corporation counsel, to counsel or guardian ad litem for the child and to the court-appointed special advocate for the child. If applicable, the court shall also cause copies to be transmitted to counsel or guardian ad litem for the unborn child and the unborn child’s expectant mother. The report shall describe the nature of the examination and identify the persons interviewed, the particular records reviewed and any tests administered to the child or expectant mother. The report shall also state in reasonable detail the facts and reasoning upon which the examiner’s opinions are based.

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(3) If the child, the child’s parent or the expectant mother objects to a particular physician, psychiatrist, licensed psychologist or other expert as required under this section, the court shall appoint a different physician, psychiatrist, psychologist or other expert as required under this section. (4) Motions or objections under this section may be heard under s. 807.13. History: 1977 c. 354; 1979 c. 300; 1985 a. 321; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 339; 1993 a. 474; 1995 a. 77, 225, 448; 1997 a. 27, 292; 1999 a. 149; 2005 a. 293; 2015 a. 172. Judicial Council Note, 1988: Sub. (4) allows oral argument on motions or objections under this section to be heard by telephone. [Re Order effective Jan. 1, 1988]

48.297 Motions before trial. (1) Any motion which is capable of determination without trial of the general issue may be made before trial. (2) Defenses and objections based on defects in the institution of proceedings, lack of probable cause on the face of the petition, insufficiency of the petition or invalidity in whole or in part of the statute on which the petition is founded shall be raised not later than 10 days after the plea hearing or be deemed waived. Other motions capable of determination without trial may be brought any time before trial. (3) Motions to suppress evidence as having been illegally seized or statements as having been illegally obtained shall be made before fact-finding on the issues. The court may entertain the motion at the fact-finding hearing if it appears that a party is surprised by the attempt to introduce such evidence and that party waives jeopardy. (4) Although the taking of a child or an expectant mother of an unborn child into custody is not an arrest, that taking into custody shall be considered an arrest for the purpose of deciding motions which require a decision about the propriety of taking into custody, including motions to suppress evidence as illegally seized, motions to suppress statements as illegally obtained and motions challenging the lawfulness of the taking into custody. (5) If the child or the expectant mother of an unborn child is in custody and the court grants a motion to dismiss based on a defect in the petition or in the institution of the proceedings, the court may order the child or expectant mother to be continued in custody for not more than 48 hours pending the filing of a new petition. (6) A motion required to be served on a child may be served on his or her attorney of record. (7) Oral argument permitted on motions under this section may be heard by telephone under s. 807.13 (1). History: 1977 c. 354; 1979 c. 300, 331, 359; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1995 a. 77; 1997 a. 35, 292; 2013 a. 170.

48.299 Procedures at hearings. (1) (a) The general public shall be excluded from hearings under this chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a public fact-finding hearing is demanded by a child through his or her counsel, by an expectant mother through her counsel, or by an unborn child’s guardian ad litem. However, the court shall refuse to grant the public hearing in a proceeding other than a proceeding under s. 48.375 (7), if a parent, guardian, expectant mother, or unborn child’s guardian ad litem objects. (ag) In a proceeding other than a proceeding under s. 48.375 (7), if a public hearing is not held, only the parties and their counsel or guardian ad litem, the court-appointed special advocate for the child, the child’s foster parent or other physical custodian described in s. 48.62 (2), witnesses, and other persons requested by a party and approved by the court may be present, except that the court may exclude a foster parent or other physical custodian described in s. 48.62 (2) from any portion of the hearing if that por-

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tion of the hearing deals with sensitive personal information of the child or the child’s family or if the court determines that excluding the foster parent or other physical custodian would be in the best interests of the child. Except in a proceeding under s. 48.375 (7), any other person the court finds to have a proper interest in the case or in the work of the court, including a member of the bar or a person engaged in the bona fide research, monitoring, or evaluation of activities conducted under 42 USC 629h, as determined by the director of state courts, may be admitted by the court. (ar) All hearings under s. 48.375 (7) shall be held in chambers, unless a public fact-finding hearing is demanded by the child through her counsel. In a proceeding under s. 48.375 (7), the child’s foster parent or other physical custodian described in s. 48.62 (2) may be present if requested by a party and approved by the court. (b) Except as provided in ss. 48.375 (7) (e) and 48.396, any person who divulges any information which would identify the child, the expectant mother or the family involved in any proceeding under this chapter shall be subject to ch. 785. (2m) (a) In this subsection, “restraints” means leather, canvas, rubber, Velcro, or plastic restraints; handcuffs, waist belts, or leg chains; a wheel chair; an electric immobilization device; or any other device used to securely limit the movement of a child’s body. (b) Restraints may not be used on a child during a court proceeding and shall be removed prior to the child being brought into the courtroom and appearing before the court unless the court finds all of the following: 1. The use of restraints is necessary due to any of the following factors: a. Restraints are necessary to prevent physical harm to the child or another person. b. The child has a history of disruptive courtroom behavior that has placed others in potentially harmful situations, or the child presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior. c. There is a founded belief that the child presents a substantial risk of flight from the courtroom. 2. There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the child or another person, including the presence of court personnel, law enforcement officers, or bailiffs. (c) The court shall provide the child’s counsel an opportunity to be heard before the court orders the use of restraints. If the child’s counsel informs the court that the child wishes to be present, the court may order telephone or videoconference hearing pursuant to sub. (5). If restraints are ordered, the court shall make findings of fact in support of the order. (d) Any restraints shall allow the child limited movement of the hands to read and handle documents and writings necessary to the hearing. Under no circumstances may a child be restrained using restraints that are fixed to a wall, floor, or furniture. (3) If the court finds that it is in the best interest of the child, and if the child’s counsel or guardian ad litem consents, the child may be temporarily excluded by the court from a hearing on a petition alleging that the child is in need of protection or services. If the court finds that a child under 7 years of age is too young to comprehend the hearing, and that it is in the best interest of the child, the child may be excluded from the entire hearing. (4) (a) Chapters 901 to 911 shall govern the presentation of evidence at the fact-finding hearings under ss. 48.31, 48.42, 48.977 (4) (d), 48.978 (2) (e) and (3) (f) 2., and 48.9795. (b) Except as provided in s. 901.05, neither common law nor

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statutory rules of evidence are binding at a hearing for a child held in custody under s. 48.21, a hearing for an adult expectant mother held in custody under s. 48.213, a runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing about changes in placement, trial reunifications, revision of dispositional orders, extension of dispositional orders, or termination of guardianship orders entered under s. 48.977 (4) (h) 2. or (6), 48.978 (2) (j) 2. or (3) (g), or 48.9795. At those hearings, the court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant, or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The court shall give effect to the rules of privilege recognized by law. The court shall apply the basic principles of relevancy, materiality, and probative value to proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record. (5) On request of any party, unless good cause to the contrary is shown, any hearing under s. 48.209 (1) (e), 48.21 (1) or 48.213 (1) may be held on the record by telephone or live audiovisual means or testimony may be received by telephone or live audiovisual means as prescribed in s. 807.13 (2). The request and the showing of good cause for not conducting the hearing or admitting testimony by telephone or live audiovisual means may be made by telephone. (6) If a man who has been given notice under s. 48.27 (3) (b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which he received the notice, alleges that he is the father of the child, and states that he wishes to establish the paternity of the child, all of the following apply: (a) The court shall refer the matter to the state or to the attorney responsible for support enforcement under s. 59.53 (6) (a) for a determination, under s. 767.80, of whether an action should be brought for the purpose of determining the paternity of the child. (b) The state or the attorney responsible for support enforcement who receives a referral under par. (a) shall perform the duties specified under s. 767.80 (5) (c) and (6r). (c) The court having jurisdiction over actions affecting the family shall give priority under s. 767.82 (7m) to an action brought under s. 767.80 whenever the petition filed under s. 767.80 indicates that the matter was referred by the court under par. (a). (d) The court may stay the proceedings under this chapter pending the outcome of the paternity proceedings under subch. IX of ch. 767 if the court determines that the paternity proceedings will not unduly delay the proceedings under this chapter and the determination of paternity is necessary to the court’s disposition of the proceedings or if the court determines or has reason to know that the paternity proceedings may result in a finding that the child is an Indian child and in a petition by the child’s parent, Indian custodian, or tribe for transfer of the proceedings to the jurisdiction of the tribe. (e) 1. In this paragraph, “genetic test” means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability that a man who is alleged to be a child’s father is the child’s biological father. 2. The court shall, at the hearing, orally inform any man specified in sub. (6) (intro.) that he may be required to pay for any testing ordered by the court under this paragraph or under s. 885.23. 3. In addition to ordering testing as provided under s. 885.23, if the court determines that it would be in the best interests of the child, the court may order any man specified in sub. (6) (intro.) to

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submit to one or more genetic tests which shall be performed by an expert qualified as an examiner of genetic markers present on the cells and of the specific body material to be used for the tests, as appointed by the court. A report completed and certified by the court-appointed expert stating genetic test results and the statistical probability that the man alleged to be the child’s father is the child’s biological father based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at any hearing. The court, upon request by a party, may order that independent tests be performed by other experts qualified as examiners of genetic markers present on the cells of the specific body materials to be used for the tests. 4. If the genetic tests show that an alleged father is not excluded and that the statistical probability that the alleged father is the child’s biological father is 99.0 percent or higher, the court may determine that for purposes of a proceeding under this chapter, other than a proceeding under subch. VIII, the man is the child’s biological parent. 5. A determination by the court under subd. 4. is not a determination of paternity under s. 48.355 (4g) (a), a judgment of paternity under ch. 767, or an adjudication of paternity under subch. VIII. (7) If a man who has been given notice under s. 48.27 (3) (b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which he received the notice but does not allege that he is the father of the child and state that he wishes to establish the paternity of the child or if no man to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s. 59.53 (6) (a) for a determination, under s. 767.80, of whether an action should be brought for the purpose of determining the paternity of the child. (8) As part of the proceedings under this chapter, the court may order that a record be made of any testimony of the child’s mother relating to the child’s paternity. A record made under this subsection is admissible in a proceeding to determine the child’s paternity under subch. IX of ch. 767. (9) If at any point in the proceeding the court determines or has reason to know that the child is an Indian child, the court shall provide notice of the proceeding to the child’s parent, Indian custodian, and tribe in the manner specified in s. 48.028 (4) (a). The next hearing in the proceeding may not be held until at least 10 days after receipt of the notice by the parent, Indian custodian, and tribe or, if the identity or location of the parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for that hearing. History: 1979 c. 300; 1981 c. 353; 1985 a. 311; 1987 a. 27; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1991 a. 263, 269; 1993 a. 16, 32, 98, 227, 228, 395; 1995 a. 77, 201, 275; 1997 a. 35, 252, 292, 334; 1999 a. 32, 149; 2005 a. 443 s. 265; 2009 a. 28, 94, 180; 2011 a. 181, 258; 2013 a. 170, 252; 2015 a. 373; 2019 a. 109; Sup. Ct. Order No. 21-04, 2022 WI 26, 402 Wis. 2d xiii; 2025 a. 129. Judicial Council Note, 1988: Sub. (5) allows a judicial review of the status of a child held in a county jail, or a continuation of custody hearing, to be held by telephone conference, or telephoned testimony to be admitted at such a hearing, on request of any party, unless good cause to the contrary is shown. [Re Order effective Jan. 1, 1988]

48.30 Plea hearing. (1) Except as provided in s. 48.299 (9), the hearing to determine whether any party wishes to contest an allegation that the child or unborn child is in need of protection or services shall take place on a date which allows reasonable time for the parties to prepare but is within 30 days after the filing of a petition for a child or an expectant mother who is not being held in secure custody or within 10 days after the filing of a petition for a child who is being held in secure custody.

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(2) At the commencement of the hearing under this section the child and the parent, guardian, legal custodian, or Indian custodian; the child expectant mother, her parent, guardian, legal custodian, or Indian custodian, and the unborn child’s guardian ad litem; or the adult expectant mother and the unborn child’s guardian ad litem; shall be advised of the rights specified in s. 48.243 and shall be informed that a request for a jury trial or for a substitution of judge under s. 48.29 must be made before the end of the plea hearing or is waived. Nonpetitioning parties, including the child, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a jury trial or substitution of a judge. (3) If a petition alleges that a child is in need of protection or services under s. 48.13 or that an unborn child of a child expectant mother is in need of protection or services under s. 48.133, the nonpetitioning parties and the child, if he or she is 12 years of age or older or is otherwise competent to do so, shall state whether they desire to contest the petition. If a petition alleges that an unborn child of an adult expectant mother is in need of protection or services under s. 48.133, the adult expectant mother of the unborn child shall state whether she desires to contest the petition. (6) (a) If a petition is not contested, the court, subject to s. 48.299 (9), shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days after the plea hearing for a child who is held in secure custody and no more than 30 days after the plea hearing for a child or an expectant mother who is not held in secure custody. Subject to s. 48.299 (9), if all parties consent, the court may proceed immediately with the dispositional hearing. (b) If it appears to the court that disposition of the case may include placement of the child outside the child’s home, the court shall order the child’s parent to provide a statement of income, assets, debts, and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department under s. 49.22 (9) and the manner of its application established by the department under s. 49.345 (14) (g) and listing the factors that a court may consider under s. 49.345 (14) (c). (c) If the court orders the child’s parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child’s parent to provide that statement to the designated agency under s. 48.33 (1) and that designated agency is not the county department or, in a county having a population of 750,000 or more, the department, the court shall also order the child’s parent to provide that statement to the county department or, in a county having a population of 750,000 or more, the department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department or, in a county having a population of 750,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 750,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the child. (7) If the petition is contested, the court, subject to s. 48.299 (9), shall set a date for the fact-finding hearing which allows reasonable time for the parties to prepare but is no more than 20 days after the plea hearing for a child who is held in secure custody and

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no more than 30 days after the plea hearing for a child or an expectant mother who is not held in secure custody. (8) Before accepting an admission or plea of no contest of the alleged facts in a petition, the court shall: (a) Address the parties present including the child or expectant mother personally and determine that the plea or admission is made voluntarily with understanding of the nature of the acts alleged in the petition and the potential dispositions. (b) Establish whether any promises or threats were made to elicit the plea or admission and alert unrepresented parties to the possibility that a lawyer may discover defenses or mitigating circumstances which would not be apparent to them. (c) Make such inquiries as satisfactorily establishes that there is a factual basis for the plea or admission of the parent and child, of the parent and child expectant mother or of the adult expectant mother. (9) If a circuit court commissioner conducts the plea hearing and accepts an admission of the alleged facts in a petition brought under s. 48.13 or 48.133, the judge shall review the admission at the beginning of the dispositional hearing by addressing the parties and making the inquiries set forth in sub. (8). (10) The court may permit any party to participate in hearings under this section by telephone or live audiovisual means. History: 1977 c. 354, 355, 447; 1979 c. 300, 331, 355, 359; 1985 a. 321, 332; 1987 a. 151; 1987 a. 403 s. 256; Sup. Ct. Order, 158 Wis. 2d xvii (1990); 1993 a. 163, 474, 481; 1995 a. 77, 225, 404, 417; 1997 a. 3, 252, 292; 1999 a. 103; 2001 a. 61; 2007 a. 20; 2009 a. 94; 2013 a. 170; 2015 a. 172. The time limits under sub. (1) are mandatory. Jason B. v. State, 176 Wis. 2d 400, 500 N.W.2d 384 (Ct. App. 1993). A court’s failure to inform a juvenile of the right to judicial substitution does not affect its competence and warrants reversal only if the juvenile suffers actual prejudice. State v. Kywanda F., 200 Wis. 2d 26, 546 N.W.2d 440 (1996), 94-1866.

48.305 Hearing upon the involuntary removal of a child or expectant mother. Notwithstanding other time periods for hearings under this chapter, if a child is removed from the physical custody of the child’s parent or guardian under s. 48.19 (1) (c) or (cm) or (d) 5. or 8. without the consent of the parent or guardian or if an adult expectant mother is taken into custody under s. 48.193 (1) (c) or (d) 2. without the consent of the expectant mother, the court, subject to s. 48.299 (9), shall schedule a plea hearing and fact-finding hearing within 30 days after a request from the parent or guardian from whom custody was removed or from the adult expectant mother who was taken into custody. The plea hearing and fact-finding hearing may be combined. This time period may be extended only with the consent of the requesting parent, guardian, or expectant mother. History: 1977 c. 354; 1979 c. 300; 1997 a. 292; 2009 a. 94.

48.31 Fact-finding hearing. (1) In this section, “fact-finding hearing” means a hearing to determine if the allegations in a petition under s. 48.13 or 48.133 or a petition to terminate parental rights are proved by clear and convincing evidence. In the case of a petition to terminate parental rights to an Indian child, “fact-finding hearing” means a hearing to determine if the allegations in the petition, other than the allegations under s. 48.42 (1) (e) relating to serious emotional or physical damage, are proved by clear and convincing evidence and if the allegations under s. 48.42 (1) (e) relating to serious emotional or physical damage are proved beyond a reasonable doubt as provided in s. 48.028 (4) (e) 1., unless partial summary judgment on the grounds for termination of parental rights is granted. (2) The hearing shall be to the court unless the child, the child’s parent, guardian, or legal custodian, the unborn child’s guardian ad litem, or the expectant mother of the unborn child exercises the right to a jury trial by demanding a jury trial at any time before or during the plea hearing. If a jury trial is demanded in a proceeding under s. 48.13 or 48.133, the jury shall consist of

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6 persons. If a jury trial is demanded in a proceeding under s. 48.42, the jury shall consist of 12 persons unless the parties agree to a lesser number. Chapters 756 and 805 shall govern the selection of jurors. If the hearing involves a child victim or witness, as defined in s. 950.02, the court may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or jury shall make a determination of the facts, except that in a case alleging a child or an unborn child to be in need of protection or services under s. 48.13 or 48.133, the court shall make the determination under s. 48.13 (intro.) or 48.133 relating to whether the child or unborn child is in need of protection or services that can be ordered by the court. If the court finds that the child or unborn child is not within the jurisdiction of the court or, in a case alleging a child or an unborn child to be in need of protection or services under s. 48.13 or 48.133, that the child or unborn child is not in need of protection or services that can be ordered by the court, or if the court or jury finds that the facts alleged in the petition have not been proved, the court shall dismiss the petition with prejudice. (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13, 48.133 or 48.42, except that the court shall make findings of fact relating to whether the child or unborn child is in need of protection or services which can be ordered by the court. In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court may not find that the child is suffering emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection or services under s. 48.13 (11m) or an unborn child to be in need of protection or services under s. 48.133, the court may not find that the child or the expectant mother of the unborn child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility. (5) If the child is an Indian child, the court or jury shall also determine at the fact-finding hearing whether continued custody of the Indian child by the Indian child’s parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child under s. 48.028 (4) (d) 1. and whether active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and whether those efforts have proved unsuccessful, unless partial summary judgment on the allegations under s. 48.13 or 48.133 is granted, in which case the court shall make those determinations at the dispositional hearing. (7) (a) At the close of the fact-finding hearing, the court, subject to s. 48.299 (9), shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a child in secure custody and no more than 30 days after the fact-finding hearing for a child or expectant mother who is not held in secure custody. Subject to s. 48.299 (9), if all parties consent, the court may immediately proceed with a dispositional hearing.

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(b) If it appears to the court that disposition of the case may include placement of the child outside the child’s home, the court shall order the child’s parent to provide a statement of income, assets, debts, and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department under s. 49.22 (9) and the manner of its application established by the department under s. 49.345 (14) (g) and listing the factors that a court may consider under s. 49.345 (14) (c). (c) If the court orders the child’s parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child’s parent to provide that statement to the designated agency under s. 48.33 (1) and that designated agency is not the county department or, in a county having a population of 750,000 or more, the department, the court shall also order the child’s parent to provide that statement to the county department or, in a county having a population of 750,000 or more, the department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department or, in a county having a population of 750,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 750,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the child. History: 1977 c. 354, 447; 1979 c. 32 s. 92 (13); 1979 c. 300, 331, 355, 357, 359; 1983 a. 197; 1985 a. 262 s. 8; 1987 a. 339; 1993 a. 481; 1995 a. 77, 275, 404, 448; 1997 a. 3, 35, 292; 1999 a. 103; 2001 a. 105; 2005 a. 42; 2007 a. 20; 2009 a. 94; 2013 a. 170; 2015 a. 172. As a matter of judicial administration, the supreme court mandates procedures for withdrawal of a juvenile’s jury demand. N.E. v. DHSS, 122 Wis. 2d 198, 361 N.W.2d 693 (1985). A fact-finding hearing under sub. (1) was not closed until the court ruled on a motion to set aside the verdict. C.M.L. v. State, 157 Wis. 2d 152, 458 N.W.2d 573 (Ct. App. 1990). A child’s need for protection or services should be determined as of the date the petition is filed. Children can be adjudicated in need of protection or services when divorced parents have joint custody, one parent committed acts proscribed by s. 48.13 (10), and at the time of the hearing the other can provide the necessary care for the children. State v. Gregory L.S., 2002 WI App 101, 253 Wis. 2d 563, 643 N.W.2d 890, 01-2325. Contrary to the Child’s Best Interest: Jury Trials in Children’s Court Proceedings. Sowinski & Wiensch. Wis. Law. Apr. 2013.

48.315 Delays, continuances and extensions. (1) The following time periods shall be excluded in computing time periods under this chapter: (a) Any period of delay resulting from other legal actions concerning the child or the unborn child and the unborn child’s expectant mother, including an examination under s. 48.295 or a hearing related to the mental condition of the child, the child’s parent, guardian or legal custodian or the expectant mother, prehearing motions, waiver motions and hearings on other matters. (b) Any period of delay resulting from a continuance granted at the request of or with the consent of the child and his or her counsel or of the unborn child’s guardian ad litem. (c) Any period of delay caused by the disqualification of a judge. (d) Any period of delay resulting from a continuance granted at the request of the representative of the public under s. 48.09 if the continuance is granted because of the unavailability of evidence material to the case when he or she has exercised due diligence to obtain the evidence and there are reasonable grounds to believe that the evidence will be available at the later date, or to

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allow him or her additional time to prepare the case and additional time is justified because of the exceptional circumstances of the case. (e) Any period of delay resulting from the imposition of a consent decree. (f) Any period of delay resulting from the absence or unavailability of the child or expectant mother. (fm) Any period of delay resulting from the inability of the court to provide the child with notice of an extension hearing under s. 48.365 due to the child having run away or otherwise having made himself or herself unavailable to receive that notice. (g) A reasonable period of delay when the child is joined in a hearing with another child as to whom the time for a hearing has not expired under this section if there is good cause for not hearing the cases separately. (h) Any period of delay resulting from the need to appoint a qualified interpreter. (j) A reasonable period of delay, not to exceed 20 days, in a proceeding involving the out-of-home care placement of or termination of parental rights to a child whom the court knows or has reason to know is an Indian child, resulting from a continuance granted at the request of the child’s parent, Indian custodian, or tribe to enable the requester to prepare for the proceeding. (1m) Subsection (1) (a), (d), (e), (fm), (g), and (j) does not apply to proceedings under s. 48.375 (7). (2) A continuance shall be granted by the court only upon a showing of good cause in open court or during a telephone conference under s. 807.13 on the record and only for so long as is necessary, taking into account the request or consent of the district attorney or the parties and the interest of the public in the prompt disposition of cases. (2m) No continuance or extension of a time period specified in this chapter may be granted and no period of delay specified in sub. (1) may be excluded in computing a time period under this chapter if the continuance, extension, or exclusion would result in any of the following: (a) The court making an initial finding under s. 48.21 (5) (b) 1. or 1m., 48.32 (1) (b) 1., 48.355 (2) (b) 6., or 48.357 (2v) (a) 1. that reasonable efforts have been made to prevent the removal of the child from the home, while assuring that the child’s health and safety are the paramount concerns, or an initial finding under s. 48.21 (5) (b) 3., 48.32 (1) (b) 2., 48.355 (2) (b) 6r., or 48.357 (2v) (a) 3. that those efforts were not required to be made because a circumstance specified in s. 48.355 (2d) (b) 1. to 5. applies, more than 60 days after the date on which the child was removed from the home. (b) The court making an initial finding under s. 48.38 (5m) that the agency primarily responsible for providing services to the child has made reasonable efforts to achieve the permanency goal of the child’s permanency plan more than 12 months after the date on which the child was removed from the home or making any subsequent findings under s. 48.38 (5m) as to those reasonable efforts more than 12 months after the date of a previous finding as to those reasonable efforts. (c) The court making a finding under s. 48.366 (3) (am) 3. that a person’s placement in out-of-home care under a transitionto-independent-living agreement is in the best interests of the person more than 180 days after the date on which the agreement is entered into. (3) Failure by the court or a party to act within any time period specified in this chapter does not deprive the court of personal or subject matter jurisdiction or of competency to exercise that jurisdiction. Failure to object to a period of delay or a continuance waives any challenge to the court’s competency to act dur-

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ing the period of delay or continuance. If the court or a party does not act within a time period specified in this chapter, the court, while assuring the safety of the child, may grant a continuance under sub. (2), dismiss the proceeding without prejudice, release the child from secure or nonsecure custody or from the terms of a custody order, or grant any other relief that the court considers appropriate. History: 1977 c. 354; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 403; 1991 a. 263; 1993 a. 98; 1997 a. 292; 2001 a. 16, 109; 2007 a. 20, 199; 2009 a. 94; 2011 a. 181; 2013 a. 170; 2015 a. 55, 373. A trial court’s sua sponte adjournment of a fact-finding hearing beyond the 30day limit due to a congested calendar constituted good cause under sub. (2) when the adjournment order was entered within the 30-day period. J.R. v. State, 152 Wis. 2d 598, 449 N.W.2d 52 (Ct. App. 1989). The period under sub. (1) (c) includes the time required to assign a new judge, send any required notices, notify the parties, and arrange for time on the court’s calendar; applicable time limits for plea hearings apply after the assignment of the new judge. State v. Joshua M.W., 179 Wis. 2d 335, 507 N.W.2d 141 (Ct. App. 1993). Under sub. (2), “on the record” does not require reporting by a court reporter. A clerk’s minutes satisfy the requirement. Waukesha County v. Darlene R., 201 Wis. 2d 633, 549 N.W.2d 489 (Ct. App. 1996), 95-1697. The benefits of a pretrial are universally recognized by bench and bar such that a court need not specify the factors supporting “good cause” for a continuance of the time limits under sub. (2). Waukesha County v. Darlene R., 201 Wis. 2d 633, 549 N.W.2d 489 (Ct. App. 1996), 95-1697. Under sub. (1) (a), the time limits are tolled for an examination of a parent under s. 48.295. Waukesha County v. Darlene R., 201 Wis. 2d 633, 549 N.W.2d 489 (Ct. App. 1996), 95-1697. The word “continuance” in sub. (2) is sufficiently broad to encompass situations in which the fact-finding hearing is originally scheduled beyond the statutory 45-day time period. A circuit court’s schedule or lawyers’ or litigants’ difficulties in scheduling court dates may amount to good cause for extension, delay, or continuance under sub. (2). State v. Robert K., 2005 WI 152, 286 Wis. 2d 143, 706 N.W.2d 257, 04-2330. Reassignment of a case to a different judge because of docket congestion does not constitute disqualification of a judge under sub. (1) (c). Brown County v. Shannon R., 2005 WI 160, 286 Wis. 2d 278, 706 N.W.2d 269, 04-1305.

48.317 Jeopardy. Jeopardy attaches: (1) In a trial to the court, when a witness is sworn. (2) In a jury trial, when the jury selection is completed and the jury sworn. History: 1977 c. 354.

48.32 Consent decree. (1) (a) At any time after the filing of a petition for a proceeding relating to s. 48.13 or 48.133 and before the entry of judgment, the judge or a circuit court commissioner may suspend the proceedings and place the child or expectant mother under supervision in the home or present placement of the child or expectant mother. The court may establish terms and conditions applicable to the child and the child’s parent, guardian, or legal custodian, to the child expectant mother and her parent, guardian or legal custodian, or to the adult expectant mother, including the condition specified in sub. (1b). The order under this section shall be known as a consent decree and must be agreed to by the child if 12 years of age or older, the parent, guardian, or legal custodian, and the person filing the petition under s. 48.25; by the child expectant mother, her parent, guardian, or legal custodian, the unborn child’s guardian ad litem, and the person filing the petition under s. 48.25; or by the adult expectant mother, the unborn child’s guardian ad litem, and the person filing the petition under s. 48.25. The consent decree shall be reduced to writing and given to the parties. (am) Using the procedures specified in par. (a) for the entry of an original consent decree, the parties to a consent decree may agree to, and the judge or circuit court commissioner may enter, an amended consent decree. An amended consent decree may change the placement of the child or expectant mother who is the subject of the original consent decree or revise any other term or condition of the original consent decree. An amended consent decree that changes the placement of a child from a placement in the child’s home to a placement outside the child’s home shall include the findings, orders, and determinations specified in par. (b), as applicable. An amended consent decree that changes the

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placement of an Indian child from a placement in the Indian child’s home to a placement outside the Indian child’s home shall include the findings specified in par. (d). An amended consent decree may not extend the expiration date of the original consent decree. (ar) If the consent decree places a child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the agency primarily responsible for providing services to the child shall submit it and the recommendation of the qualified individual who completed the assessment, including all of the following, to the court and to all persons who are parties to the consent decree, no later than the time the consent decree is entered or, if not available by that time, no later than 30 days after the date on which the placement is made: 1. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment. 2. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan. 3. The reasons why the child’s needs can or cannot be met by the child’s family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child’s needs cannot be met in a foster home. 4. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred. (b) 1. If at the time the consent decree is entered into the child is placed outside the home under a voluntary agreement under s. 48.63 or is otherwise living outside the home without a court order and if the consent decree maintains the child in that placement or other living arrangement, or if an amended consent decree changes the placement of the child from a placement in the child’s home to a placement outside the child’s home, the consent decree shall include all of the following: a. A finding that placement of the child in his or her home would be contrary to the welfare of the child. b. A finding as to whether the county department, the department, in a county having a population of 750,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child’s health and safety are the paramount concerns, unless the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies. c. If a permanency plan has previously been prepared for the child, a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the permanency goal of the child’s permanency plan, including, if appropriate, through an out-of-state placement. d. If the child’s placement or other living arrangement is under the supervision of the county department or, in a county having a population of 750,000 or more, the department, an order ordering the child into the placement and care responsibility of the county department or department as required under 42 USC 672 (a) (2) and assigning the county department or department primary responsibility for providing services to the child. 1m. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been removed from the home, the consent decree shall include a finding as to whether the county department, department in a county having a population of 750,000 or more, or agency primarily responsible for providing services to the child has made reasonable efforts to place the

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child in a placement that enables the sibling group to remain together, unless the judge or circuit court commissioner 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 judge or circuit court commissioner shall order the county department, department, or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the judge or circuit court commissioner determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. 1r. Except as provided in par. (cd), if the child is placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment under par. (ar): a. Whether the needs of the child can be met through placement in a foster home. b. Whether placement of the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the child in the least restrictive environment. c. Whether the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan. d. Whether the court approves or disapproves the placement. 2. If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the consent decree shall include a determination that the county department, department, in a county having a population of 750,000 or more, or agency primarily responsible for providing services under the consent decree is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home. 3. The judge or circuit court commissioner shall make the findings specified in subds. 1. and 2. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the consent decree. A consent decree that merely references subd. 1. or 2. without documenting or referencing that specific information in the consent decree or an amended consent decree that retroactively corrects an earlier consent decree that does not comply with this subdivision is not sufficient to comply with this subdivision. (c) If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency goal and, if applicable, any concurrent permanency goals for the child. (cd) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required but not available at the time of the order, the court shall defer making the findings under par. (b) 1r. as provided in this paragraph. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under par. (b) 1r. (d) 1. In the case of an Indian child, if at the time the consent decree is entered into the Indian child is placed outside the home of his or her parent or Indian custodian under a voluntary agreement under s. 48.63 or is otherwise living outside that home without a court order and if the consent decree maintains the Indian child in that placement or other living arrangement, or if an

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amended consent decree changes the placement of the Indian child from a placement in the Indian child’s home to a placement outside the Indian child’s home, the consent decree shall include a finding supported by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1. and a finding that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. The findings under this subdivision shall be in addition to the findings under par. (b) 1., except that for the sole purpose of determining whether the cost of providing care for an Indian child is eligible for reimbursement under 42 USC 670 to 679b, the findings under this subdivision and the findings under par. (b) 1. shall be considered to be the same findings. 2. If the placement or other living arrangement under subd. 1. departs from the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), the court shall also find good cause, as described in s. 48.028 (7) (e), for departing from that order. (1b) The judge or a circuit court commissioner may, as a condition under sub. (1), request a court-appointed special advocate program to designate a court-appointed special advocate for the child to perform the activities specified in s. 48.236 (3) that are authorized in the memorandum of understanding under s. 48.07 (5) (a). A court-appointed special advocate designated under this subsection shall have the authority specified in s. 48.236 (4) that is authorized in the memorandum of understanding under s. 48.07 (5) (a). (2) (a) A consent decree shall remain in effect up to 6 months unless the child, parent, guardian, legal custodian or expectant mother is discharged sooner by the judge or circuit court commissioner. (c) Upon the motion of the court or the application of the child, parent, guardian, legal custodian, expectant mother, unborn child’s guardian ad litem, intake worker, or any agency supervising the child or expectant mother under the consent decree, the court may, after giving notice to the parties to the consent decree, their counsel or guardian ad litem, and the court-appointed special advocate for the child, if any, extend the decree for up to an additional 6 months in the absence of objection to extension by the parties to the initial consent decree. If the child, parent, guardian, legal custodian, expectant mother, or unborn child’s guardian ad litem objects to the extension, the judge shall schedule a hearing and make a determination on the issue of extension. An extension under this paragraph of a consent decree relating to an unborn child who is alleged to be in need of protection or services may be granted after the child is born. (3) If, prior to discharge by the court, or the expiration of the consent decree, the court finds that the child, parent, guardian, legal custodian or expectant mother has failed to fulfill the express terms and conditions of the consent decree or that the child or expectant mother objects to the continuation of the consent decree, the hearing under which the child or expectant mother was placed on supervision may be continued to conclusion as if the consent decree had never been entered. (5) A court which, under this section, elicits or examines information or material about a child or an expectant mother which would be inadmissible in a hearing on the allegations of the petition may not, over objections of one of the parties, participate in any subsequent proceedings if any of the following applies: (a) The court refuses to enter into a consent decree and the allegations in the petition remain to be decided in a hearing at which one of the parties denies the allegations forming the basis

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for a child or unborn child in need of protection or services petition. (b) A consent decree is granted but the petition under s. 48.13 or 48.133 is subsequently reinstated. (6) The judge or circuit court commissioner shall inform the child and the child’s parent, guardian or legal custodian, or the adult expectant mother, in writing, of the right of the child or expectant mother to object to the continuation of the consent decree under sub. (3) and the fact that the hearing under which the child or expectant mother was placed on supervision may be continued to conclusion as if the consent decree had never been entered. History: 1977 c. 354; 1985 a. 311; 1987 a. 27, 285, 339; 1991 a. 213, 253, 315; 1993 a. 98; 1995 a. 24, 77, 448; 1997 a. 292; 1999 a. 149; 2001 a. 61, 109; 2007 a. 20; 2009 a. 28, 79, 94, 185; 2011 a. 181, 258; 2013 a. 165, 170; 2015 a. 172, 373; 2021 a. 42. A finding that a consent decree has been violated must be made before the consent decree expires. Filing a motion to vacate the consent decree prior to its expiration does not extend the term of the decree and does not prevent the automatic dismissal of the original petition upon the expiration of the decree. State v. Dawn M., 189 Wis. 2d 480, 526 N.W.2d 275 (Ct. App. 1994).

SUBCHAPTER VI DISPOSITION 48.33 Court reports. (1) REPORT REQUIRED. Before the disposition of a child or unborn child adjudged to be in need of protection or services the court shall designate an agency, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the following: (a) The social history of the child or of the expectant mother of the unborn child. (b) A recommended plan of rehabilitation or treatment and care for the child or expectant mother which is based on the investigation conducted by the agency and any report resulting from an examination or assessment under s. 48.295, which employs the least restrictive means available to accomplish the objectives of the plan, and, in cases of child abuse or neglect or unborn child abuse, which also includes an assessment of risks to the physical safety and physical health of the child or unborn child and a description of a plan for controlling the risks. (c) A description of the specific services or continuum of services which the agency is recommending that the court order for the child or family or for the expectant mother of the unborn child, the persons or agencies that would be primarily responsible for providing those services, the identity of the person or agency that would provide case management or coordination of services, if any, and, in the case of a child adjudged to be in need of protection or services, whether or not the child should receive a coordinated services plan of care. (d) A statement of the objectives of the plan, including any behavior changes desired of the child or expectant mother and the academic, social and vocational skills needed by the child or the expectant mother. (e) A plan for the provision of educational services to the child, prepared after consultation with the staff of the school in which the child is enrolled or the last school in which the child was enrolled. (f) If the agency is recommending that the court order the child’s parent, guardian or legal custodian or the expectant mother to participate in mental health treatment, anger management, individual or family counseling or parent or prenatal development training and education, a statement as to the availability of those services and as to the availability of funding for those services. (2) HOME PLACEMENT REPORTS. A report recommending that the child remain in his or her home or that the expectant

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mother remain in her home may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. (4) OTHER OUT-OF-HOME PLACEMENTS. A report recommending placement of an adult expectant mother outside of her home shall be in writing. A report recommending placement of a child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised independent living arrangement shall be in writing and shall include all of the following: (a) A permanency plan prepared under s. 48.38. (b) A recommendation for an amount of child support to be paid by either or both of the child’s parents or for referral to the county child support agency under s. 59.53 (5) for the establishment of child support. (c) Specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, specific information showing that the county department, the department, in a county having a population of 750,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child’s health and safety are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been prepared for the child, specific information showing that the county department, department, or agency has made reasonable efforts to achieve the permanency goal of the child’s permanency plan, including, if appropriate, through an out-of-state placement. (cm) A statement indicating whether the recommended placement is certified under s. 48.675. (cr) 1. If the report recommends placement of a child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, except as provided in subd. 2., the report shall contain the results of the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following: a. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment. b. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan. c. The reasons why the child’s needs can or cannot be met by the child’s family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child’s needs cannot be met in a foster home. d. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred. 2. If the information under subd. 1. is not available at the time of the report, the agency shall submit it by the date of the dispositional hearing or, if it is not available on that date, no later than 30 days after the date on which the placement was made. (d) 1. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have been removed from the home or for whom an out-of-home placement is recommended, specific information showing that the county department, department in a county having a population of 750,000 or more, or agency primarily responsible for providing services to the child has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the county depart-

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ment, department, or agency recommends that the child and his or her siblings not be placed in a joint placement, in which case the report shall include specific information showing that a joint placement would be contrary to the safety or well-being of the child or any of those siblings and the specific information required under subd. 2. 2. If a recommendation is made that the child and his or her siblings not be placed in a joint placement, specific information showing that the county department, department, or agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the county department, department, or agency recommends that such visitation or interaction not be provided, in which case the report shall include specific information showing that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. (dm) If the agency knows or has reason to know that the child is an Indian child who is being removed from the home of his or her parent or Indian custodian, a description of any efforts undertaken to determine whether the child is an Indian child; specific information showing that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1.; specific information showing that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful; a statement as to whether the out-of-home care placement recommended is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c); and, if the recommended placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order. (4m) SUPPORT RECOMMENDATIONS; INFORMATION TO PARENTS. In making a recommendation for an amount of child support under sub. (4), the agency shall consider the factors that the court considers under s. 49.345 (14) (c) for deviation from the percentage standard. Prior to the dispositional hearing under s. 48.335, the agency shall provide the child’s parent with all of the following: (a) A copy of its recommendation for child support. (b) A written explanation of how the parent may request that the court modify the amount of child support under s. 49.345 (14) (c). (c) A written explanation of how the parent may request a revision under s. 48.363 in the amount of child support ordered by the court under s. 48.355 (2) (b) 4. (5) IDENTITY OF FOSTER PARENT; CONFIDENTIALITY. If the report recommends placement in a foster home, and the name of the foster parent is not available at the time the report is filed, the agency shall provide the court and the child’s parent or guardian with the name and address of the foster parent within 21 days after the dispositional order is entered, except that the court may order the information withheld from the child’s parent or guardian if the court finds that disclosure would result in imminent danger to the child or to the foster parent. After notifying the child’s parent or guardian, the court shall hold a hearing prior to ordering the information withheld. History: 1977 c. 354; 1979 c. 300; 1983 a. 399; 1987 a. 27, 339; 1989 a. 31, 41, 107; 1993 a. 377, 385, 446, 481; 1995 a. 27, 77, 201; 1997 a. 27, 292; 2001 a. 59, 109; 2005 a. 25; 2007 a. 20; 2009 a. 28, 79, 94, 185, 334; 2011 a. 181, 258; 2011 a. 260 s. 80; 2013 a. 165, 334; 2015 a. 172; 2021 a. 42; 2023 a. 119.

48.335 Dispositional hearings. (1) The court shall conduct a hearing to determine the disposition of a case in which a child is adjudged to be in need of protection or services under s. 48.13 or an unborn child is adjudged to be in need of protection or services under s. 48.133.

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(3) At hearings under this section, any party may present evidence relevant to the issue of disposition, including expert testimony, and may make alternative dispositional recommendations. (3g) At hearings under this section, if the agency, as defined in s. 48.38 (1) (a), is recommending placement of the child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised independent living arrangement, the agency shall present as evidence specific information showing all of the following: (a) That continued placement of the child in his or her home would be contrary to the welfare of the child. (b) That the county department, the department, in a county having a population of 750,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child’s health and safety are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies. (c) That, if a permanency plan has previously been prepared for the child, the county department, department, or agency has made reasonable efforts to achieve the permanency goal of the child’s permanency plan, including, if appropriate, through an out-of-state placement. (d) 1. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have been removed from the home or for whom an out-of-home placement is recommended, that the county department, department, or agency has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the county department, department, or agency recommends that the child and his or her siblings not be placed in a joint placement, in which case the county department, department, or agency shall present as evidence specific information showing that a joint placement would be contrary to the safety or well-being of the child or any of those siblings and the specific information required under subd. 2. 2. If a recommendation is made that the child and his or her siblings not be placed in a joint placement, that the county department, department, or agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the county department, department, or agency recommends that such visitation or interaction not be provided, in which case the county department, department, or agency shall present as evidence specific information showing that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. (3j) At hearings under this section involving an Indian child, if the agency, as defined in s. 48.38 (1) (a), is recommending removal of the Indian child from the home of his or her parent or Indian custodian and placement of the Indian child in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent or in the home of like-kin, the agency shall present as evidence specific information showing all of the following: (a) That continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child under s. 48.028 (4) (d) 1. (b) That active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. (c) That the placement recommended is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) or, if that placement is not in compli-

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ance with that order, good cause, as described in s. 48.028 (7) (e), for departing from that order. (3r) At hearings under this section, a parent of the child may present evidence relevant to the amount of child support to be paid by either or both parents. (4) At hearings under this section, s. 48.357, 48.358, 48.363, or 48.365, on the request of any party, unless good cause to the contrary is shown, the court may admit testimony on the record by telephone or live audiovisual means, if available, under s. 807.13 (2). The request and the showing of good cause may be made by telephone. (5) At the conclusion of the hearing, the court shall make a dispositional order in accordance with s. 48.355. (6) If the dispositional order places the child outside the home, the parent, if present at the hearing, shall be requested to provide the names and other identifying information of 3 relatives of the child or other individuals 18 years of age or over whose homes the parent requests the court to consider as placements for the child, unless that information has previously been provided under s. 48.21 (3) (f). If the parent does not provide that information at the hearing, the county department, the department in a county having a population of 750,000 or more, or the agency primarily responsible for providing services to the child under the dispositional order shall permit the parent to provide the information at a later date. History: 1977 c. 354; 1979 c. 300, 331, 359; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1993 a. 98, 481; 1995 a. 77; 1997 a. 252, 292; 2001 a. 109; 2007 a. 20; 2009 a. 28, 79, 94, 185; 2011 a. 181, 258; 2013 a. 165, 334; 2015 a. 172; 2023 a. 119. Judicial Council Note, 1988: Sub. (4) allows the court to admit testimony on the record by telephone or live television at hearings on disposition, revision and extension of orders, or change of placement, on request of any party, unless good cause is shown. [Re Order effective Jan. 1, 1988] The petitioner bears the burden of proof by the greater weight of the credible evidence for purposes of dispositional and extension hearings. S.D.S. v. Rock County Department of Social Services, 152 Wis. 2d 345, 448 N.W.2d 282 (Ct. App. 1989).

48.345 Disposition of child or unborn child of child expectant mother adjudged in need of protection or services. If the judge finds that the child is in need of protection or services or that the unborn child of a child expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any child not specifically found under chs. 46, 49, 51, 54, or 115 to be developmentally disabled, mentally ill, or to have a disability specified in s. 115.76 (5) in facilities that exclusively treat those categories of children, and the court may not place any child expectant mother of an unborn child in need of protection or services outside of the child expectant mother’s home unless the court finds that the child expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The dispositions under this section are as follows: (1) Counsel the child or the parent, guardian or legal custodian. (2) Place the child under supervision of an agency, the department, if the department approves, or a suitable adult, including a friend of the child, under conditions prescribed by the judge including reasonable rules for the child’s conduct, designed for the physical, mental and moral well-being and behavior of the child and, if applicable, for the physical well-being of the child’s unborn child. (2m) Place the child in the child’s home under the supervision of an agency or the department, if the department approves, and order the agency or department to provide specified services to the child and the child’s family, which may include individual,

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family, or group counseling, homemaker or parent aide services, respite care, housing assistance, child care, parent skills training, or prenatal development training or education. (2r) Place the child as provided in sub. (2) or (2m) and, in addition, request a court-appointed special advocate program to designate a court-appointed special advocate for the child to perform the activities specified in s. 48.236 (3) that are authorized in the memorandum of understanding under s. 48.07 (5) (a). A court-appointed special advocate designated under this subsection shall have the authority specified in s. 48.236 (4) that is authorized in the memorandum of understanding under s. 48.07 (5) (a). (3) Subject to sub. (3m), designate one of the following as the placement for the child: (a) The home of a parent, other relative, or like-kin of the child, except that the judge may not designate any of the following as the child’s placement, unless the judge determines by clear and convincing evidence that the placement would be in the best interests of the child or, in the case of an Indian child, the best interests of the Indian child as described in s. 48.01 (2): 1. The home of a parent, other relative, or like-kin if the parent, other relative, or like-kin has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside, or vacated. In determining whether a placement under this subdivision would be in the best interests of the child, the judge shall consider the wishes of the child. 2. The home of a relative other than the parent of a child or the home of like-kin if the judge finds that the relative or like-kin has been convicted of, has pleaded no contest to, or has had a charge dismissed or amended as a result of a plea agreement for a crime under s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.072, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.125, 948.13, 948.21, 948.215, 948.30, or 948.53, or a similar law of another state. (b) The home of a person who is not required to be licensed if placement is for less than 30 days, except that the judge may not designate any of the following as the child’s placement, unless the judge determines by clear and convincing evidence that the placement would be in the best interests of the child or, in the case of an Indian child, the best interests of the Indian child as described in s. 48.01 (2): 1. The home of a person who is not required to be licensed if the person has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside, or vacated. In determining whether a placement under this subdivision would be in the best interests of the child, the judge shall consider the wishes of the child. 2. The home of a person who is not required to be licensed if the judge finds that the person has been convicted of, has pleaded no contest to, or has had a charge dismissed or amended as a result of a plea agreement for a crime under s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.072, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.125, 948.13, 948.21, 948.215, 948.30, or 948.53, or a similar law of another state. (c) A foster home licensed under s. 48.62, a group home licensed under s. 48.625, a foster home, group home, or similar facility regulated in another state, or the home of a guardian under s. 48.977 (2). (cm) A group home described in s. 48.625 (1m) or a similar facility regulated in another state, if the child is at least 12 years

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of age, is a custodial parent, as defined in s. 49.141 (1) (b), or an expectant mother, is receiving inadequate care, and is in need of a safe and structured living arrangement. (d) A residential care center for children and youth operated by a child welfare agency licensed under s. 48.60, or a similar facility regulated in another state. (e) With a parent in a qualifying residential family-based treatment facility, or a similar facility regulated in another state, if the child’s permanency plan includes a recommendation for such a placement under s. 48.38 (4) (em) before the placement is made. (3m) Subject to s. 48.028 (7) (c), if the child is an Indian child who is being removed from the home of his or her parent or Indian custodian and placed outside of that home, designate one of the placements listed in s. 48.028 (7) (b) 1. to 4. as the placement for the Indian child, in the order of preference listed, unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. (4) If it is shown that the rehabilitation or the treatment and care of the child cannot be accomplished by means of voluntary consent of the parent or guardian, transfer legal custody to any of the following: (a) A relative or like-kin of the child. (b) The county department in a county having a population of less than 750,000. (bm) The department in a county having a population of 750,000 or more. (c) A licensed child welfare agency. (6) (a) If the child is in need of special treatment or care, as identified in an evaluation under s. 48.295 and the report under s. 48.33, the judge may order the child’s parent to provide the special treatment or care. If the parent fails or is financially unable to provide the special treatment or care, the judge may order an appropriate agency to provide the special treatment or care whether or not legal custody has been taken from the parents. If a judge orders a county department under s. 51.42 or 51.437 to provide special treatment or care under this paragraph, the provision of that special treatment or care shall be subject to conditions specified in ch. 51. An order of special treatment or care under this paragraph may not include an order for the administration of psychotropic drugs. (b) Payment for the special treatment or care that relates to alcohol and other drug abuse services ordered under par. (a) shall be in accordance with s. 48.361. (c) Payment for services provided under ch. 51 that are ordered under par. (a), other than alcohol and other drug abuse services, shall be in accordance with s. 48.362. (6m) If the report prepared under s. 48.33 (1) recommends that the child is in need of a coordinated services plan of care and if an initiative under s. 46.56 has been established for the county or, for a child who is a member of a tribe, as defined in s. 46.56 (1) (q), for a tribe, the judge may order an assessment of the child and the child’s family for eligibility for and appropriateness of the initiative, and if eligible for enrollment in the initiative, that a coordinated services plan of care be developed and implemented. (10) (a) The judge may order that a child, on attaining 17 years of age, be allowed to live independently, either alone or with friends, under such supervision as the judge deems appropriate. (b) If the plan for independent living cannot be accomplished with the consent of the parent or guardian, the judge may transfer custody of the child as provided in sub. (4) (a) to (c). (c) The judge may order independent living as a dispositional alternative only upon a showing that the child is of sufficient ma-

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turity and judgment to live independently and only upon proof of a reasonable plan for supervision by an appropriate person or agency. (12) (a) Except as provided in par. (d), the judge may order the child to attend any of the following: 1. A nonresidential educational program, including a program for children at risk under s. 118.153, provided by the school district in which the child resides. 2. Pursuant to a contractual agreement with the school district in which the child resides, a nonresidential educational program provided by a licensed child welfare agency. 3. Pursuant to a contractual agreement with the school district in which the child resides, an educational program provided by a private, nonprofit, nonsectarian agency that is located in the school district in which the child resides and that complies with 42 USC 2000d. 4. Pursuant to a contractual agreement with the school district in which the child resides, an educational program provided by a technical college district located in the school district in which the child resides. 5. Pursuant to a contractual agreement with the school district in which the child resides, an educational program provided by a tribal school. (b) The judge shall order the school board to disclose the child’s pupil records, as defined under s. 118.125 (1) (d), to the county department, department, in a county having a population of 750,000 or more, or licensed child welfare agency responsible for supervising the child, as necessary to determine the child’s compliance with the order under par. (a). (c) The judge shall order the county department, department, in a county having a population of 750,000 or more, or licensed child welfare agency responsible for supervising the child to disclose to the school board, technical college district board, tribal school, or private, nonprofit, nonsectarian agency which is providing an educational program under par. (a) 3. records or information about the child, as necessary to assure the provision of appropriate educational services under par. (a). (d) This subsection does not apply to a child with a disability, as defined under s. 115.76 (5). (13) (a) If the report prepared under s. 48.33 (1) recommends that the child is in need of treatment for the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the child to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the approved treatment facility and the county in a county having a population of less than 750,000 or the department in a county having a population of 750,000 or more, or with the written informed consent of the child or the child’s parent if the child has not attained the age of 12, report to the agency primarily responsible for providing services to the child as to whether the child is cooperating with the treatment and whether the treatment appears to be effective. (b) If the report prepared under s. 48.33 (1) recommends that the child is in need of education relating to the use of alcohol beverages, controlled substances or controlled substance analogs, the court may order the child to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the education program and the county in a county having a population of less than 750,000 or the department in a county having a population of 750,000 or more, or with the written informed consent of the child or the child’s parent if the child has not attained the age of 12, report to

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the agency primarily responsible for providing services to the child about the child’s attendance at the program. (c) Payment for the court ordered treatment or education under this subsection in counties that have an alcohol and other drug abuse program under s. 48.547 shall be in accordance with s. 48.361. (14) (a) If, based on an evaluation under s. 48.295 and the report under s. 48.33, the judge finds that the child expectant mother of an unborn child in need of protection or services is in need of inpatient treatment for her habitual lack of self-control in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the child expectant mother’s needs and that inpatient treatment is the least restrictive treatment consistent with the child expectant mother’s needs, the judge may order the child expectant mother to enter an inpatient alcohol or other drug abuse treatment program at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility shall, under the terms of a service agreement between the inpatient facility and the county in a county having a population of less than 750,000 or the department in a county having a population of 750,000 or more, or with the written and informed consent of the child expectant mother or the child expectant mother’s parent if the child expectant mother has not attained the age of 12, report to the agency primarily responsible for providing services to the child expectant mother as to whether the child expectant mother is cooperating with the treatment and whether the treatment appears to be effective. (b) Payment for any treatment ordered under par. (a) shall be in accordance with s. 48.361. (15) If it appears that an unborn child in need of protection or services may be born during the period of the dispositional order, the judge may order that the child, when born, be provided with any services or care that may be ordered for a child in need of protection or services under this section. History: 1971 c. 125; 1977 c. 354; 1979 c. 300; 1987 a. 285; 1989 a. 31, 107; 1993 a. 363, 377, 385, 491; 1995 a. 27; 1995 a. 77 ss. 235 to 237, 239, 241, 249, 250, 257 to 263; 1995 a. 225, 448; 1997 a. 27, 80, 164, 292; 1999 a. 9, 149; 2001 a. 59, 69; 2005 a. 25, 387; 2009 a. 28, 94, 185, 302, 334; 2013 a. 20; 2015 a. 172; 2019 a. 9; 2021 a. 72, 239; 2023 a. 119, 224; 2025 a. 88.

48.347 Disposition of unborn child of adult expectant mother adjudged in need of protection or services. If the judge finds that the unborn child of an adult expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any adult expectant mother of an unborn child not specifically found under ch. 51, 54, or 55 to be developmentally disabled or mentally ill in a facility that exclusively treats those categories of individuals, and the court may not place any adult expectant mother of an unborn child in need of protection or services outside of the adult expectant mother’s home unless the court finds that the adult expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. If the judge finds that the unborn child of a child expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in s. 48.345 under a care and treatment plan. The dispositions under this section are as follows: (1) COUNSELING. Counsel the adult expectant mother. (2) SUPERVISION. Place the adult expectant mother under supervision of the county department, the department, if the department approves, or a suitable adult, including an adult relative or friend of the adult expectant mother, under conditions prescribed by the judge including reasonable rules for the adult expectant

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mother’s conduct, designed for the physical well-being of the unborn child. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or prenatal development training or education and to make a reasonable contribution, based on ability to pay, for the cost of those services. (3) PLACEMENT. Designate one of the following as the placement for the adult expectant mother: (a) The home of an adult relative or friend of the adult expectant mother. (b) A community-based residential facility, as defined in s. 50.01 (1g). (4) SPECIAL TREATMENT OR CARE. (a) If the adult expectant mother is in need of special treatment or care, as identified in an evaluation under s. 48.295 and the report under s. 48.33, the judge may order the adult expectant mother to obtain the special treatment or care. If the adult expectant mother fails or is financially unable to obtain the special treatment or care, the judge may order an appropriate agency to provide the special treatment or care. If a judge orders a county department under s. 51.42 or 51.437 to provide special treatment or care under this paragraph, the provision of that special treatment or care shall be subject to conditions specified in ch. 51. An order of special treatment or care under this paragraph may not include an order for the administration of psychotropic drugs. (b) Payment for any special treatment or care that relates to alcohol and other drug abuse services ordered under par. (a) shall be in accordance with s. 48.361. (c) Payment for any services provided under ch. 51 that are ordered under par. (a), other than alcohol and other drug abuse services, shall be in accordance with s. 48.362. (5) ALCOHOL OR DRUG TREATMENT OR EDUCATION. (a) If the report prepared under s. 48.33 (1) recommends that the adult expectant mother is in need of treatment for the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the adult expectant mother to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the approved treatment facility and the county in a county having a population of less than 750,000 or the department in a county having a population of 750,000 or more, or with the written informed consent of the adult expectant mother, report to the agency primarily responsible for providing services to the adult expectant mother as to whether the adult expectant mother is cooperating with the treatment and whether the treatment appears to be effective. (b) If the report prepared under s. 48.33 (1) recommends that the adult expectant mother is in need of education relating to the use of alcohol beverages, controlled substances or controlled substance analogs, the court may order the adult expectant mother to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the education program and the county in a county having a population of less than 750,000 or the department in a county having a population of 750,000 or more, or with the written informed consent of the adult expectant mother, report to the agency primarily responsible for providing services to the adult expectant mother about the adult expectant mother’s attendance at the program. (c) Payment for any treatment or education ordered under this subsection in counties that have an alcohol and other drug abuse program under s. 48.547 shall be in accordance with s. 48.361. (6) INPATIENT ALCOHOL OR DRUG TREATMENT. (a) If, based

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on an evaluation under s. 48.295 and the report under s. 48.33, the judge finds that the adult expectant mother is in need of inpatient treatment for her habitual lack of self-control in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the adult expectant mother’s needs and that inpatient treatment is the least restrictive treatment consistent with the adult expectant mother’s needs, the judge may order the adult expectant mother to enter an inpatient alcohol or other drug abuse treatment program at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility shall, under the terms of a service agreement between the inpatient facility and the county in a county having a population of less than 750,000 or the department in a county having a population of 750,000 or more, or with the written and informed consent of the adult expectant mother, report to the agency primarily responsible for providing services to the adult expectant mother as to whether the adult expectant mother is cooperating with the treatment and whether the treatment appears to be effective. (b) Payment for any treatment ordered under par. (a) shall be in accordance with s. 48.361. (7) SERVICES FOR CHILD WHEN BORN. If it appears that the unborn child may be born during the period of the dispositional order, the judge may order that the child, when born, be provided any services or care that may be ordered for a child in need of protection or services under s. 48.345. History: 1997 a. 292; 2005 a. 387; 2015 a. 172.

48.35 Effect of judgment and disposition. (1) (a) The judge shall enter a judgment setting forth his or her findings and disposition in the proceeding. (b) The disposition of a child or an unborn child, and any record of evidence given in a hearing in court, shall not be admissible as evidence against the child or the expectant mother of the unborn child in any case or proceeding in any other court except for the following: 1. In sentencing proceedings after the child or expectant mother has been convicted of a felony or misdemeanor and then only for the purpose of a presentence investigation. 2. In a proceeding in any court assigned to exercise jurisdiction under this chapter and ch. 938. 3. In a court of civil or criminal jurisdiction while it is exercising jurisdiction over an action affecting the family and is considering the custody of a child. (2) Except as specifically provided in sub. (1), this section does not preclude the court from disclosing information to qualified persons if the court considers the disclosure to be in the best interests of the child or unborn child or of the administration of justice. History: 1971 c. 213 s. 5; 1973 c. 328; 1975 c. 39; 1977 c. 29; 1977 c. 354 ss. 59, 63; 1977 c. 447, 449; 1979 c. 32, 300, 331, 359; 1985 a. 321; 1987 a. 222; 1995 a. 27, 77; 1997 a. 205, 292.

48.355 Dispositional orders. (1) INTENT. In any order under s. 48.345 or 48.347 the judge shall decide on a placement and treatment finding based on evidence submitted to the judge. The disposition shall employ those means necessary to maintain and protect the well-being of the child or unborn child which are the least restrictive of the rights of the parent and child, of the rights of the parent and child expectant mother or of the rights of the adult expectant mother, and which assure the care, treatment or rehabilitation of the child and the family, of the child expectant mother, the unborn child and the family or of the adult expectant mother and the unborn child, consistent with the protection of the public. When appropriate, and, in cases of child abuse or neglect or unborn child abuse, when it is consistent with the best interest of the child or unborn child in terms of physical safety and physi-

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cal health, the family unit shall be preserved and there shall be a policy of transferring custody of a child from the parent or of placing an expectant mother outside of her home only when there is no less drastic alternative. If there is no less drastic alternative for a child than transferring custody from the parent, the judge shall consider transferring custody to a relative whenever possible. (2) CONTENT OF ORDER; COPY TO PARENT. (a) In addition to the order, the judge shall make written findings of fact and conclusions of law based on the evidence presented to the judge to support the disposition ordered, including findings as to the condition and need for special treatment or care of the child or expectant mother if an examination or assessment was conducted under s. 48.295. A finding may not include a finding that a child or an expectant mother is in need of psychotropic medications. (b) The court order shall be in writing and shall contain: 1. The specific services to be provided to the child and family, to the child expectant mother and family, or to the adult expectant mother and, if custody of the child is to be transferred to effect the treatment plan, the identity of the legal custodian. 1m. A notice that the child’s parent, guardian, or legal custodian, the child, if 14 years of age or over, the expectant mother, if 14 years of age or over, or the unborn child’s guardian ad litem may request an agency that is providing care or services for the child or expectant mother or that has legal custody of the child to disclose to, or make available for inspection by, the parent, guardian, legal custodian, child, expectant mother, or unborn child’s guardian ad litem the contents of any record kept or information received by the agency about the child or expectant mother as provided in s. 48.78 (2) (ag) and (aj). 2. If the child is placed outside the home, the name of the place or facility, including transitional placements, where the child will be cared for or treated, except that if the placement is a foster home and if the name and address of the foster parent is not available at the time of the order, the name and address of the foster parent shall be furnished to the court and the parent within 21 days after the order. If, after a hearing on the issue with due notice to the parent or guardian, the judge finds that disclosure of the identity of the foster parent would result in imminent danger to the child or the foster parent, the judge may order the name and address of the prospective foster parents to be withheld from the parent or guardian. 2m. If the adult expectant mother is placed outside her home, the name of the place or facility, including transitional placements, where the expectant mother shall be treated. 3. The date of the expiration of the court’s order. 4. If the child is placed outside the child’s home, a designation of the amount of support, if any, to be paid by the child’s parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county child support agency under s. 59.53 (5) for establishment of child support. 4m. If the child is placed outside the home and if the child’s parent has not already provided a statement of income, assets, debts and living expenses to the county department or, in a county having a population of 750,000 or more, the department under s. 48.30 (6) (b) or (c) or 48.31 (7) (b) or (c), an order for the parent to provide that statement to the county department or, in a county having a population of 750,000 or more, the department by a date specified by the court. The county department or, in a county having a population of 750,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 750,000 or more, the department shall use the in-

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formation provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the child. 5. For a child placed outside his or her home pursuant to an order under s. 48.345, a permanency plan under s. 48.38 if one has been prepared. 6. If the child is placed outside the home, a finding that continued placement of the child in his or her home would be contrary to the welfare of the child, a finding as to whether the county department, the department, in a county having a population of 750,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child’s health and safety are the paramount concerns, unless the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been prepared for the child, a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the permanency goal of the child’s permanency plan, including, if appropriate, through an out-of-state placement. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision. 6d. Except as provided in par. (cd), if the child is placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment: a. Whether the needs of the child can be met through placement in a foster home. b. Whether placement of the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the child in the least restrictive environment. c. Whether the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan. d. Whether the court approves or disapproves the placement. 6g. If the child is placed outside the home under the supervision of the county department or, in a county having a population of 750,000 or more, the department, an order ordering the child into the placement and care responsibility of the county department or department as required under 42 USC 672 (a) (2) and assigning the county department or department primary responsibility for providing services to the child. 6m. If the child is placed outside the home in a placement recommended by the agency designated under s. 48.33 (1), a statement that the court approves the placement recommended by the agency or, if the child is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the child’s placement. 6p. If the child is placed outside the home and if the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been placed outside the home, a finding as to whether the

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county department, the department in a county having a population of 750,000 or more, or the agency primarily responsible for providing services under a court order 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 county department, department, or 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. 6r. If the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5. applies with respect to a parent, a determination that the county department, department, in a county having a population of 750,000 or more, or agency primarily responsible for providing services under the court order is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home. 6v. If the child is an Indian child who is being removed from the home of his or her parent or Indian custodian and placed outside that home, a finding supported by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1. and a finding that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. The findings under this subdivision shall be in addition to the findings under subd. 6., except that for the sole purpose of determining whether the cost of providing care for an Indian child is eligible for reimbursement under 42 USC 670 to 679b, the findings under this subdivision and the findings under subd. 6. shall be considered to be the same findings. The findings under this subdivision are not required if they were made in a previous order in the proceeding unless a change in circumstances warrants new findings. 7. A statement of the conditions with which the child or expectant mother is required to comply. (c) If school attendance is a condition of an order under par. (b) 7., the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district in which the child is enrolled or the governing body of the private school, as defined in s. 115.001 (3d), in which the child is enrolled, or shall request the governing body of the tribal school in which the child is enrolled, to notify the county department that is responsible for supervising the child or, in a county having a population of 750,000 or more, the department within 5 days after any violation of the condition by the child. (cd) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required but not available at the time of the order, the court shall defer making the findings under par. (b) 6d. as provided in this paragraph. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under par. (b) 6d. (cm) 1. Subject to subd. 2., the court shall order the county department, the department in a county having a population of 750,000 or more, or the agency primarily responsible for providing services to the child under the dispositional order to conduct a diligent search in order to locate and provide notice of the information specified in s. 48.21 (5) (e) 2. a. to e. to all relatives of the child named under s. 48.335 (6) and to all adult relatives, as defined in s. 48.21 (5) (e) 1., of the child within 30 days after the child is removed from the custody of the child’s parent unless the child is returned to his or her home within that period. The court

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may also order the county department, department, or agency to conduct a diligent search in order to locate and provide notice of that information to all other adult individuals named under s. 48.335 (6) within 30 days after the child is removed from the custody of the child’s parent unless the child is returned to his or her home within that period. The county department, department, or agency may not provide that notice to a person named under s. 48.335 (6) or to an adult relative if the county department, department, or agency has reason to believe that it would be dangerous to the child or to the parent if the child were placed with that person or adult relative. 2. Subdivision 1. does not apply if the search required under subd. 1. was previously conducted and the notice required under subd. 1. was previously provided under s. 48.21 (5) (e) 2. (d) The court shall provide a copy of a dispositional order relating to a child in need of protection or services to the child’s parent, guardian, legal custodian, or trustee, to the child through the child’s counsel or guardian ad litem, to the child’s court-appointed special advocate, and, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian and placed outside that home, to the Indian child’s Indian custodian and tribe. The court shall provide a copy of a dispositional order relating to an unborn child in need of protection or services to the expectant mother, to the unborn child’s guardian ad litem, to the parent, guardian, legal custodian, or trustee of a child expectant mother, and, if the expectant mother is an Indian child, to the expectant mother’s Indian custodian and tribe. (2b) CONCURRENT PLANNING. (a) In this subsection, “concurrent planning” means appropriate efforts to work simultaneously towards achieving more than one of the permanency goals listed in s. 48.38 (4) (fg) 1. to 5. for a child who is placed in outof-home care and for whom a permanency plan is required under s. 48.38 (2). (b) A county department, the department, in a county having a population of 750,000 or more, or the agency primarily responsible for providing services to a child under a court order shall determine, in accordance with standards established by the department, whether to engage in concurrent planning. If, according to those standards, concurrent planning is required, the county department, department, or agency shall engage in concurrent planning unless the court or permanency review panel determines under s. 48.38 (5) (c) 5m. that concurrent planning is inappropriate. (2c) REASONABLE EFFORTS STANDARDS. (a) When a court makes a finding under sub. (2) (b) 6. as to whether the county department, the department, in a county having a population of 750,000 or more, or the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to prevent the removal of the child from his or her home, while assuring that the child’s health and safety are the paramount concerns, the court’s consideration of reasonable efforts shall include, but not be limited to, whether: 1. A comprehensive assessment of the family’s situation was completed, including a determination of the likelihood of protecting the child’s health, safety and welfare effectively in the home. 2. Financial assistance, if applicable, was provided to the family. 3. Services were offered or provided to the family, if applicable, and whether any assistance was provided to the family to enable the family to utilize the services. Examples of the types of services that may have been offered include: a. In-home support services, such as homemakers and parent aides. b. In-home intensive treatment services. c. Community support services, such as child care, parent

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skills training, housing assistance, employment training, and emergency mental health services. d. Specialized services for family members with special needs. 4. Monitoring of client progress and client participation in services was provided. 5. A consideration of alternative ways of addressing the family’s needs was provided, if services did not exist or existing services were not available to the family. (b) When a court makes a finding under sub. (2) (b) 6. as to whether the county department, department, in a county having a population of 750,000 or more, or agency primarily responsible for providing services to the child under a court order has made reasonable efforts to achieve the permanency goal of the permanency plan, the court’s consideration of reasonable efforts shall include the considerations listed under par. (a) 1. to 5. and whether visitation schedules between the child and his or her parents were implemented, unless visitation was denied or limited by the court. (2d) REASONABLE EFFORTS NOT REQUIRED. (a) In this subsection: 1. “Aggravated circumstances” include abandonment in violation of s. 948.20 or in violation of the law of any other state or federal law if that violation would be a violation of s. 948.20 if committed in this state, torture, chronic abuse and sexual abuse. 2. “Sexual abuse” means any of the following: a. A violation of s. 940.225, 944.30 (1m), 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.085, 948.09 or 948.10. b. A violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies. c. A violation of the law of any other state or federal law if that violation would be a violation listed under subd. 2. a. or b. if committed in this state. (b) Notwithstanding sub. (2) (b) 6., the court is not required to include in a dispositional order a finding as to whether the county department, the department, in a county having a population of 750,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a child to prevent the removal of the child from the home, while assuring that the child’s health and safety are the paramount concerns, or a finding as to whether the county department, department, or agency has made reasonable efforts with respect to a parent of a child to achieve the permanency goal of returning the child safely to his or her home, if the court finds any of the following: 1. That the parent has subjected the child to aggravated circumstances, as evidenced by a final judgment of conviction. 2. That the parent has committed, has aided or abetted the commission of, or has solicited, conspired, or attempted to commit, a violation of s. 940.01, 940.02, 940.03, or 940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.01, 940.02, 940.03, or 940.05 if committed in this state, as evidenced by a final judgment of conviction, and that the victim of that violation is a child of the parent. 3. That the parent has committed a violation of s. 940.19 (3), 1999 stats., s. 940.19 (2), 2023 stats., s. 940.19 (4), 2023 stats., or s. 940.19 (5), 2023 stats., a violation of s. 940.225 (1) or (2), 940.60 (2) or (3) (a) or (b), 948.02 (1) or (2), 948.025, 948.03 (2) (a), (3) (a), or (5) (a) 1., 2., or 3., or 948.085 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.225 (1) or (2), 940.60 (2) or (3) (a) or (b), 948.02 (1) or (2), 948.025, 948.03 (2) (a), (3) (a), or (5) (a) 1., 2., or 3., or 948.085 if committed in this state, as evidenced by a fi-

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nal judgment of conviction, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent. 3m. That the parent has committed a violation of s. 948.051 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 948.051 if committed in this state, as evidenced by a final judgment of conviction, and that the victim of that violation is a child of the parent. 4. That the parental rights of the parent to another child have been involuntarily terminated, as evidenced by a final order of a court of competent jurisdiction terminating those parental rights. 5. That the parent has been found under s. 48.13 (2m) to have relinquished custody of the child under s. 48.195 (1m) when the child was 30 days old or younger, as evidenced by a final order of a court of competent jurisdiction making that finding. (bm) The court shall make a finding specified in par. (b) 1. to 5. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which that finding is based in the dispositional order. A dispositional order that merely references par. (b) 1. to 5. without documenting or referencing that specific information in the dispositional order or an amended dispositional order that retroactively corrects an earlier dispositional order that does not comply with this paragraph is not sufficient to comply with this paragraph. (c) If the court finds that any of the circumstances specified in par. (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency goal and, if applicable, any concurrent permanency goals for the child. (d) This subsection does not affect the requirement under sub. (2) (b) 6v. that the court include in a dispositional order removing an Indian child from the home of his or her parent or Indian custodian and placing the child outside that home a finding that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. (2e) PERMANENCY PLANS; FILING; AMENDED ORDERS; COPIES. (a) If a permanency plan has not been prepared at the time the dispositional order is entered, or if the court orders a disposition that is not consistent with the permanency plan, the agency responsible for preparing the plan shall prepare a permanency plan that is consistent with the order or revise the permanency plan to conform to the order and shall file the plan with the court within the time specified in s. 48.38 (3). A permanency plan filed under this paragraph shall be made a part of the dispositional order. (b) Each time a child’s placement is changed under s. 48.32 or 48.357, a trial reunification is ordered under s. 48.358, a consent decree is revised under s. 48.32, or a dispositional order is revised under s. 48.363 or extended under s. 48.365, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order. (c) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child’s parent or guardian, to the child or the child’s counsel or guardian ad litem, to the child’s court-appointed special advocate and to the person representing the interests of the public. (2m) TRANSITIONAL PLACEMENTS. The court order may include the name of transitional placements, but may not designate a specific time when transitions are to take place. The procedures of ss. 48.357 and 48.363 shall govern when such transitions

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take place. However, the court may place specific time limitations on interim arrangements made for the care of the child or for the treatment of the expectant mother pending the availability of the dispositional placement. (3) PARENTAL VISITATION. (a) Except as provided in par. (b), if, after a hearing on the issue with due notice to the parent or guardian, the court finds that it would be in the best interest of the child, the court may set reasonable rules of parental visitation. (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a parent of a child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child’s other parent, and the conviction has not been reversed, set aside or vacated. 1m. Except as provided in subd. 2., if a parent who is granted visitation rights with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child’s other parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court’s own motion, and on notice to the parent. 2. Subdivisions 1. and 1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination. (4) TERMINATION OF ORDERS. (a) Except as provided under s. 48.368, an order under this section or s. 48.357 or 48.365 made before the child attains 18 years of age that places or continues the placement of the child in his or her home shall terminate one year after the date on which the order is granted unless the judge specifies a shorter period of time or the judge terminates the order sooner. (b) Except as provided under s. 48.368, an order under this section or s. 48.357 or 48.365 made before the child reaches 18 years of age that places or continues the placement of the child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, or in a supervised independent living arrangement shall terminate on the latest of the following dates, unless the judge specifies a shorter period or the judge terminates the order sooner: 1. The date on which the child attains 18 years of age. 2. The date that is one year after the date on which the order is granted. 3. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains 19 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 19 years of age. 4. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains 21 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the child. The court may not grant an order that terminates as provided in this subdivision unless the child is 17 years of age or older when the order is granted and the child, or the child’s guardian on behalf of the child, agrees to the order. At any time after the child attains 18 years of age, the child, or the child’s guardian on behalf of the child, may request

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the court in writing to terminate the order and, on receipt of such a request, the court, without a hearing, shall terminate the order. (c) An order under this section or s. 48.357 or 48.365 relating to an unborn child in need of protection or services that is made before the unborn child is born shall terminate one year after the date on which the order is granted unless the judge specifies a shorter period of time or the judge terminates the order sooner. (4g) TERMINATION OF ORDERS; CASE CLOSURE ORDERS. (a) On request of a person authorized to file a petition under par. (b) or on its own motion and on a finding that granting the request or motion would be in the best interests of the child, the court may terminate an order under this section or s. 48.357 or 48.365 before the child attains 18 years of age and grant an order determining paternity of the child, legal custody of the child, periods of physical placement with the child, visitation rights with respect to the child, or the obligation of the child’s parents to provide support for the child and the responsibility of the child’s parents to provide coverage of the child’s health care expenses if any of the following apply: 1. The child’s parents are parties to a pending action for divorce, annulment, or legal separation, a man determined under s. 48.299 (6) (e) 4. to be the biological father of the child for purposes of a proceeding under this chapter is a party to a pending action to determine paternity of the child under ch. 767, or the child is the subject of a pending independent action under s. 767.41 or 767.43 to determine legal custody of the child or visitation rights with respect to the child. 2. The child is the subject of an order that has been granted in an action affecting the family determining legal custody of the child, periods of physical placement with the child, visitation rights with respect to the child, or the obligation of the child’s parents to provide support for the child and the responsibility of the child’s parents to provide coverage of the child’s health care expenses. (b) The child or his or her counsel or guardian ad litem, the child’s parent, guardian, legal custodian, or Indian custodian, the person or agency responsible for implementing the dispositional order, or the district attorney or corporation counsel may file a petition with the court requesting an order under par. (a) or the court, on its own motion, may propose such an order. (c) The court shall hold a hearing before granting an order requested or proposed under par. (b). At least 5 days before the hearing, the court shall cause notice of the hearing, together with a copy of the request or proposal, to be provided to the child, the child’s counsel or guardian ad litem, the child’s parent, guardian, and legal custodian, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, the child’s court-appointed special advocate, and, if the child is an Indian child, the child’s Indian custodian and tribe. (d) In considering whether to grant a request or proposal for an order under par. (a), the court shall proceed as follows: 1. If the request or proposal is for an order determining paternity of the child, the court shall determine paternity in the same manner as paternity is determined under subch. IX of ch. 767. 2. If the request or proposal is for an order determining legal custody of the child and periods of physical placement with the child, the court shall determine legal custody and periods of physical placement in the same manner as legal custody and periods of physical placement are determined under ss. 767.41 and 767.481 and, if the child is the subject of a preexisting order that has been entered in an action affecting the family determining legal custody of the child or periods of physical placement with the child, in the same manner as legal custody and periods of physical placement are determined under ss. 767.451 and 767.461, except

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that the court is not required to refer the parties for mediation under s. 767.405 (5) or refer the matter for a legal custody and physical placement study under s. 767.405 (14), the parties are not required to file a parenting plan under s. 767.41 (1m), and the court may not transfer legal custody of the child to a relative or an agency under s. 767.41 (3). 3. If the request or proposal is for an order determining visitation rights with respect to the child, the court shall determine those rights in the same manner as visitation rights are determined under ss. 767.43 and 767.44. 4. If the request or proposal is for an order determining the obligation of the child’s parents to provide support for the child and the responsibility of the child’s parents to provide coverage of the child’s health care expenses, the court shall determine that obligation and responsibility in the same manner as that obligation and responsibility are determined under ss. 767.511, 767.513, 767.54, 767.55, 767.57, and 767.58. (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. (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. (g) 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. 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. (h) 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). 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. (i) 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

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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. 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. (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. (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. History: 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; 2025 a. 24 s. 93; 2025 a. 94. A 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, 011272. Sub. (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.

48.356 Duty of court to warn. (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. (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). History: 1979 c. 330; 1983 a. 399; 1989 a. 86; 1991 a. 39; 1995 a. 275; 1997 a. 292; 2003 a. 321; 2009 a. 185. Substantial 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). Dismissal 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). To 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).

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When 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). It 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. The 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. Section 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. While 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.

48.357 Change in placement; child or expectant mother subject to dispositional order. (1) REQUEST BY PERSON OR AGENCY RESPONSIBLE FOR ORDER OR PROSECUTOR. (a) Applicable procedures. The person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in the placement of the child or expectant mother who is the subject of the dispositional order, whether or not the change requested is authorized in the dispositional order, as provided in par. (am) or (c), whichever is applicable. (am) Changes in placement generally. 1. a. Except as provided in par. (c), the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in placement under this subsection by causing written notice of the proposed change in placement to be sent to the child, the child’s counsel or guardian ad litem, the parent, guardian, and legal custodian of the child, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the child’s court-appointed special advocate, and, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe. b. If the child is the expectant mother of an unborn child under s. 48.133, written notice of the proposed change in placement shall also be sent to the unborn child’s guardian ad litem. If the change in placement involves an adult expectant mother of an unborn child under s. 48.133, written notice of the proposed change in placement shall be sent to the adult expectant mother, the physical custodian of the adult expectant mother, and the unborn child’s guardian ad litem. c. The notice shall contain the name and address of the new placement, the reasons for the change in placement, whether the new placement is certified under s. 48.675, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies the objectives of the treatment plan or permanency plan ordered by the court. The person sending the notice shall file the notice with the court on the same day that the notice is sent. 1g. If the child is an Indian child who has been removed from the home of his or her parent or Indian custodian and if the proposed change in placement would change the Indian child’s placement from a placement outside that home to another placement outside that home, a notice under subd. 1. shall also contain a statement as to whether the new placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or,

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if applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order. 1m. If the proposed change in placement would place the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive the notice under subd. 1. no later than the filing of that notice or, if not available by that time, and except as provided under subd. 1r., no later than 10 days after the notice is filed: a. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment. b. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan. c. The reasons why the child’s needs can or cannot be met by the child’s family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child’s needs cannot be met in a foster home. d. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred. 1r. If, for good cause shown, the information required to be submitted under subd. 1m. is not available by the deadline under that subdivision, the person or agency primarily responsible for implementing the dispositional order shall submit it no later than 30 days after the date on which the placement is made. 2. Except as provided in subd. 2r., any person receiving the notice under subd. 1. or notice of a specific placement under s. 48.355 (2) (b) 2., other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after the notice is sent to that person and filed with the court. Except as provided in subds. 2m. and 2r., if an objection is filed within 10 days after that notice is sent and filed with the court, the court shall hold a hearing prior to ordering any change in placement. At least 3 days before the hearing, the court shall provide notice of the hearing to all persons who are required to receive notice under subd. 1. or s. 48.355 (2) (b) 2. If all parties consent, the court may proceed immediately with the hearing. Except as provided in subds. 2m. and 2r., if no objection is filed within 10 days after that notice is sent and filed with the court, the court shall enter an order changing the child’s placement as proposed in that notice. Except as provided in subds. 2m. and 2r., placements may not be changed until 10 days after that notice is sent and filed with the court unless written waivers of objection are signed as follows: a. By the parent, guardian, legal custodian, or Indian custodian, the child, if 12 years of age or over, and the child’s tribe, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian. b. By the child expectant mother, if 12 years of age or over, her parent, guardian, legal custodian, or Indian custodian, the unborn child’s guardian ad litem, and the child expectant mother’s tribe, if she is an Indian child who has been removed from the home of her parent or Indian custodian. c. By the adult expectant mother and the unborn child’s guardian ad litem.

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2m. Changes in placement that were authorized in the dispositional order may be made immediately if notice is given as required under subd. 1. A hearing is not required for changes in placement authorized in the dispositional order except when an objection filed by a person who received notice alleges that new information is available that affects the advisability of the dispositional order. 2r. If the proposed change in placement involves a child who is subject to a dispositional order that terminates as provided in sub. (6) (a) 4. or s. 48.355 (4) (b) 4. or 48.365 (5) (b) 4., the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in placement under this paragraph only if the child or the child’s guardian on behalf of the child consents to the change in placement. That person or agency, the district attorney, or the corporation counsel shall cause written notice of the proposed change in placement to be sent to the child, the guardian of the child, and any foster parent or other physical custodian described in s. 48.62 (2) of the child. No hearing is required for a change in placement described in this subdivision, and the child’s placement may be changed at any time after notice of the proposed change in placement is sent to the court. 3. If the court changes the child’s placement from a placement outside the home to another placement outside the home, the change-in-placement order shall contain the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., and the finding under sub. (2v) (a) 2m. If the court changes the placement of an Indian child who has been removed from the home of his or her parent or Indian custodian from a placement outside that home to another placement outside that home, the change-in-placement order shall, in addition, comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. (c) In-home to out-of-home placement. 1. If the proposed change in placement would change the placement of a child placed in the home to a placement outside the home, the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel shall submit a request for the change in placement to the court. The request shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies the objectives of the treatment plan or permanency plan ordered by the court. The request shall also contain specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child and, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, specific information showing that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child’s health and safety are the paramount concerns. 1m. If the child is an Indian child and if the proposed change in placement would change the placement of the child from a placement in the home of his or her parent or Indian custodian to a placement outside that home, a request under subd. 1. shall also contain specific information showing that continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1., specific information showing that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful, a statement as to whether the new placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new

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placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order. 1r. If the proposed change in placement would place the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information under par. (am) 1m., to the court and to all persons who are required to receive the notice under par. (am) 1. a. no later than the filing of that request or, if not available by that time, no later than 30 days after the date on which the placement was made. 2. The court shall hold a hearing prior to ordering any change in placement requested under subd. 1. At least 3 days before the hearing, the court shall provide notice of the hearing, together with a copy of the request for the change in placement, to the child, the child’s counsel or guardian ad litem, the parent, guardian, and legal custodian of the child, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, any foster parent or other physical custodian described in s. 48.62 (2), the child’s court-appointed special advocate, and, if the child is an Indian child, the Indian child’s Indian custodian and tribe. Subject to subd. 2r., if all parties consent, the court may proceed immediately with the hearing. 2m. If the court changes the child’s placement from a placement in the child’s home to a placement outside the child’s home, the parent, if present at the hearing, shall be requested to provide the names and other identifying information of 3 relatives of the child or other individuals 18 years of age or over whose homes the parent requests the court to consider as placements for the child, unless that information has previously been provided under this subdivision, sub. (2m) (bm), or s. 48.21 (3) (f) or 48.335 (6). If the parent does not provide that information at the hearing, the county department, the department in a county having a population of 750,000 or more, or the agency primarily responsible for implementing the dispositional order shall permit the parent to provide the information at a later date. 2r. If the child is an Indian child and if the proposed change in placement would change the placement of the child from a placement in the home of his or her parent or Indian custodian to a placement outside that home, notice under subd. 2. to the Indian child’s parent, Indian custodian, and tribe shall be provided in the manner specified in s. 48.028 (4) (a). No hearing on the request may be held until at least 10 days after receipt of the notice by the Indian child’s parent, Indian custodian, and tribe or, if the identity or location of the Indian child’s parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child’s parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing. 3. If the court changes the child’s placement from a placement in the child’s home to a placement outside the child’s home, the change-in-placement order shall contain the findings under sub. (2v) (a) 1., the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., the finding under sub. (2v) (a) 2m., and, if in addition the court finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination under sub. (2v) (a) 3. If the court changes the placement of an Indian child from a placement in the home of his or her parent or Indian custodian to a placement outside that home, the change-in-placement order shall, in addition,

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contain the findings under sub. (2v) (a) 4. and comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from the order. (2) EMERGENCY CHANGE IN PLACEMENT. (a) Emergency changes in placement generally. 1. Except as provided in par. (b), if emergency conditions necessitate an immediate change in the placement of a child or expectant mother, the person or agency primarily responsible for implementing the dispositional order may remove the child or expectant mother to a new placement, whether or not authorized by the existing dispositional order, without the prior notice under sub. (1) (am) 1. or the consent required under sub. (1) (am) 2r. Notice of the emergency change in placement shall be sent to the persons specified in sub. (1) (am) 1. within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1) (am) 2. 2. If the emergency change in placement under subd. 1. results in a child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified under sub. (1) (am) 1m., with the notice under subd. 1. or, if not available at that time, and except as provided under subd. 3., no later than 10 days after the filing of that notice. 3. If, for good cause shown, the information required to be submitted under subd. 2. is not available by the deadline under that subdivision, the person or agency primarily responsible for implementing the dispositional order shall submit it no later than 30 days after the date on which the placement was made. 4. If the emergency change in placement under subd. 1. results in a child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the court shall, no later than 60 days after the placement is made, issue an order making the findings under sub. (2v) (a) 5., the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment. (b) Emergency in-home to out-of-home placements. 1. If emergency conditions necessitate an immediate change in placement of a child or expectant mother placed in the home to a placement outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child or expectant mother to a new placement, whether or not authorized by the existing dispositional order, without first requesting a change in placement under sub. (1) (c) 1. 2. Except as provided in subd. 3., a hearing on an emergency change in placement under subd. 1. shall be held within 48 hours after the emergency change in placement is made, excluding Saturdays, Sundays, and legal holidays. When a child or expectant mother is removed to a new placement under subd. 1., the person or agency that removed the child or expectant mother shall immediately notify the court by the most practical means. As soon as possible after receiving that notice, the court shall schedule the hearing and the person or agency that removed the child or expectant mother, by the most practical means, shall provide notice of the hearing to the child, the child’s counsel or guardian ad litem, the parent, guardian, and legal custodian of the child, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, any foster parent or other physical custodian described in s. 48.62 (2),

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the child’s court-appointed special advocate, and, if the child is an Indian child, the Indian child’s Indian custodian and tribe. 3. By the time of the hearing under subd. 2., a request for a change in placement under sub. (1) (c) 1. shall be filed with the court. The court shall hold a hearing on the request as provided in sub. (1) (c) 2., except that, subject to sub. (1) (c) 2r., if all parties consent, the court may proceed immediately with the hearing under sub. (1) (c) 2. in lieu of the hearing under subd. 2. 4. If the court orders an emergency change in placement under subd. 2., the change-in-placement order shall contain the findings under sub. (2v) (a) 1., the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., the finding under sub. (2v) (a) 2m., and, if in addition the court finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination under sub. (2v) (a) 3. 5. If the emergency change in placement under this paragraph results in a child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified under sub. (1) (am) 1m., to the court and all persons who are required to receive the notice under subd. 2. no later than the filing of that request or, if not available by that time, no later than 30 days after the date on which the placement was made. 6. If the emergency change in placement under this paragraph results in a child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the court shall, no later than 60 days after the placement is made, issue an order making the findings under sub. (2v) (a) 5., the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment. (c) Placements permitted in emergency. In emergency situations, a child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days or in any placement authorized under s. 48.345 (3). (2m) REQUEST BY OTHERS. (a) Request; information required. 1. Except as provided in par. (bv), the child, the child’s counsel or guardian ad litem, the parent, guardian, legal custodian, or Indian custodian of the child, the expectant mother, or the unborn child’s guardian ad litem may request a change in the placement of the child or expectant mother as provided in this subsection. The request shall contain the name and address of the new placement requested and shall state what new information is available that affects the advisability of the current placement. If the proposed change in placement would change the placement of a child placed in the child’s home to a placement outside the child’s home, the request shall also contain specific information showing that continued placement of the child in the home would be contrary to the welfare of the child and, unless any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies, specific information showing that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child’s health and safety are the paramount concerns. The request shall be submitted to the court. The court may also propose a change in placement on its own motion. 2. If the change in placement results in the child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified indi-

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vidual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified under sub. (1) (am) 1m., to the court and to all persons who are required to receive the notice under par. (b) 2., no later than the filing of that request or, if not available by that time, no later than 30 days after the date on which the placement was made. (am) Indian child; additional information required. 1. If the proposed change of placement would change the placement of an Indian child placed in the home of his or her parent or Indian custodian to a placement outside that home, a request under par. (a) shall also contain specific information showing that continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1., specific information showing that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful, a statement as to whether the new placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order. 2. If the proposed change in placement would change the placement of an Indian child placed outside the home of his or her parent or Indian custodian to another placement outside that home, a request under par. (a) shall also contain a statement as to whether the new placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order. (b) Hearing; when required. 1. The court shall hold a hearing prior to ordering any change in placement requested or proposed under par. (a) if the request or proposal states that new information is available that affects the advisability of the current placement. Except as provided in par. (bv), a hearing is not required if the requested or proposed change in placement does not involve a change in placement of a child placed in the child’s home to a placement outside the child’s home, written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under subd. 2., other than a court-appointed special advocate, and the court approves. 2. If a hearing is scheduled, at least 3 days before the hearing the court shall notify the child, the child’s counsel or guardian ad litem, the parent, guardian, and legal custodian of the child, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the child’s court-appointed special advocate, and, if the child is an Indian child, the Indian child’s Indian custodian and tribe. If the child is the expectant mother of an unborn child under s. 48.133, the court shall also notify the unborn child’s guardian ad litem. If the change in placement involves an adult expectant mother of an unborn child under s. 48.133, at least 3 days before the hearing the court shall notify the adult expectant mother, the unborn child’s guardian ad litem, the person or agency primarily responsible for implementing the dispositional order, and the district attorney or corporation counsel. A copy of the request or proposal for the change in placement shall be attached to the notice. Subject to par. (br), if all parties consent, the court may proceed immediately with the hearing. (bm) Child placed outside the home. If the court changes the child’s placement from a placement in the child’s home to a

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placement outside the child’s home, the parent, if present at the hearing, shall be requested to provide the names and other identifying information of 3 relatives of the child or other individuals 18 years of age or over whose homes the parent requests the court to consider as placements for the child, unless that information has previously been provided under this paragraph, sub. (1) (c) 2m., or s. 48.21 (3) (f) or 48.335 (6). If the parent does not provide that information at the hearing, the county department, the department in a county having a population of 750,000 or more, or the agency primarily responsible for implementing the dispositional order shall permit the parent to provide the information at a later date. (br) Indian child; notice. If the child is an Indian child, and if the proposed change in placement would change the placement of the Indian child from a placement in the home of his or her parent or Indian custodian to a placement outside that home, notice under par. (b) 2. to the Indian child’s parent, Indian custodian, and tribe shall be provided in the manner specified in s. 48.028 (4) (a). Notwithstanding par. (b) 2., no hearing on the request or proposal may be held until at least 10 days after receipt of the notice by the Indian child’s parent, Indian custodian, and tribe or, if the identity or location of the Indian child’s parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child’s parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing. (bv) Children subject to certain dispositional orders. If the proposed change in placement involves a child who is subject to a dispositional order that terminates as provided in sub. (6) (a) 4. or s. 48.355 (4) (b) 4. or 48.365 (5) (b) 4., only the child or the child’s guardian on behalf of the child or a person or agency primarily bound by the dispositional order may request a change in placement under par. (a). No hearing is required for a change in placement described in this paragraph if written waivers of objection to the proposed change in placement are signed by the child, the guardian of the child, and all parties that are bound by the dispositional order. If a hearing is scheduled, the court may proceed immediately with the hearing on the consent of the person who requested the change in placement, the child, the guardian of the child, and all parties who are bound by the dispositional order. (c) Contents of order. 1. If the court changes the child’s placement from a placement in the child’s home to a placement outside the child’s home, the change-in-placement order shall contain the findings under sub. (2v) (a) 1., the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., the finding under sub. (2v) (a) 2m., and, if in addition the court finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination under sub. (2v) (a) 3. If the court changes the placement of an Indian child from a placement in the home of his or her parent or Indian custodian to a placement outside that home, the change-in-placement order shall, in addition, contain the findings under sub. (2v) (a) 4. and comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. 2. If the court changes the child’s placement from a placement outside the home to another placement outside the home, the change-in-placement order shall contain the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., and the finding under sub. (2v) (a) 2m. If the court changes the placement of an Indian child from a placement outside the home of his or her parent or Indian custodian to another placement outside that home, the change-in-placement order shall, in addition, comply with the order of placement preference under s.

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48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. (2r) REMOVAL FROM FOSTER HOME OR OTHER PHYSICAL CUSTODIAN. If a hearing is held under sub. (1) (am) 2. or (2m) (b) 1. 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) (am) 1. or (2m) (b) 2. 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) Contents of order. A change in placement order under sub. (1) or (2m) shall contain all of the following: 1. If the change-in-placement order changes the child’s placement from a placement in the child’s home to a placement outside the child’s home, a finding that continued placement of the child in his or her home would be contrary to the welfare of the child and, unless a circumstance specified in s. 48.355 (2d) (b) 1. to 5. applies, a finding that the county department, department, in a county having a population of 750,000 or more, or the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child’s health and safety are the paramount concerns. 1m. If the change-in-placement order changes the placement of a child who is under the supervision of the county department or, in a county having a population of 750,000 or more, the department to a placement outside the child’s home, whether from a placement in the home or from another placement outside the home, an order ordering the child into, or to be continued in, the placement and care responsibility of the county department or department as required under 42 USC 672 (a) (2) and assigning the county department or department primary responsibility, or continued primary responsibility, for providing services to the child. 2. If the change-in-placement order changes the placement of the child to a placement outside the home recommended by the person or agency primarily responsible for implementing the dispositional order, whether from a placement in the home or from another placement outside the home, a statement that the court approves the placement recommended by that person or agency or, if the change-in-placement order changes the placement of the child to a placement outside the home that is not a placement recommended by that person or agency, whether from a placement in the home or from another placement outside the home, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the child’s placement. 2m. If the change-in-placement order changes the placement of the child to a placement outside the home and 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 county department, the department in a county having a population of 750,000 or more, or the agency primarily responsible for implementing the dispositional order has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the court determines that

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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 county department, department, or 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. If the court finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, a determination that the agency primarily responsible for providing services under the change in placement order is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home. This subdivision does not apply to a child who is subject to a dispositional order that terminates as provided in s. 48.355 (4) (b) 4., 48.357 (6) (a) 4., or 48.365 (5) (b) 4. 4. If the change in placement order changes an Indian child’s placement from a placement in the home of his or her parent or Indian custodian to a placement outside that home, a finding supported by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1. and a finding that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. The findings under this subdivision shall be in addition to the findings under subd. 1., except that for the sole purpose of determining whether the cost of providing care for an Indian child is eligible for reimbursement under 42 USC 670 to 679b, the findings under this subdivision and the findings under subd. 1. shall be considered to be the same findings. The findings under this subdivision are not required if they were made in a previous order in the proceeding unless a change in circumstances warrants new findings. 5. Except as provided in subd. 6., if the court changes the placement to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the change-in-placement order shall contain a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment: a. Whether the needs of the child can be met through placement in a foster home. b. Whether placement of the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the child in the least restrictive environment. c. Whether the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan. d. Whether the court approves or disapproves the placement. 6. If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are not available at the time of the order, the court shall defer making the findings under subd. 5. as provided in this subdivision. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under subd. 5. (b) Documentation of basis of findings. The court shall make the findings specified in par. (a) 1. and 3. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the change in placement order. A change in placement

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order that merely references par. (a) 1. or 3. without documenting or referencing that specific information in the change in placement order or an amended change in placement order that retroactively corrects an earlier change in placement order that does not comply with this paragraph is not sufficient to comply with this paragraph. (c) Reasonable efforts not required; permanency hearing. If the court finds under par. (a) 3. that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency goal and, if applicable, any concurrent permanency goals for the child. (d) Search for relatives. 1. Subject to subd. 2., the court shall order the county department, the department in a county having a population of 750,000 or more, or the agency primarily responsible for implementing the dispositional order to conduct a diligent search in order to locate and provide notice of the information specified in s. 48.21 (5) (e) 2. a. to e. to all relatives of the child named under sub. (1) (c) 2m. or (2m) (bm) and to all adult relatives, as defined in s. 48.21 (5) (e) 1., of the child within 30 days after the child is removed from the custody of the child’s parent unless the child is returned to his or her home within that period. The court may also order the county department, department, or agency to conduct a diligent search in order to locate and provide notice of that information to all other adult individuals named under sub. (1) (c) 2m. or (2m) (bm) within 30 days after the child is removed from the custody of the child’s parent unless the child is returned to his or her home within that period. The county department, department, or agency may not provide that notice to a person named under sub. (1) (c) 2m. or (2m) (bm) or to an adult relative if the county department, department, or agency has reason to believe that it would be dangerous to the child or to the parent if the child were placed with that person or adult relative. 2. Subdivision 1. does not apply if the search required under subd. 1. was previously conducted and the notice required under subd. 1. was previously provided under s. 48.21 (5) (e) 2. or 48.355 (2) (cm) 1. (4d) PROHIBITED PLACEMENTS BASED ON HOMICIDE OF PARENT. (a) Prohibition. Except as provided in par. (b), 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 or 940.05, if the conviction has not been reversed, set aside, or vacated. (am) Change in placement required. Except as provided in par. (b), if a parent in whose home a child is placed is convicted of the homicide of the child’s other parent under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated, the court shall change the child’s placement to a placement outside the home of the parent on petition of the child, the child’s counsel or guardian ad litem, the guardian or legal custodian of the child, the person or agency primarily responsible for implementing the dispositional order, or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court’s own motion, and on notice to the parent. (b) Exception. Paragraphs (a) and (am) do 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. (5m) CHILD SUPPORT. (a) If a proposed change in placement would change a child’s placement from a placement in the child’s home to a placement outside the child’s home, the court shall order the child’s parent to provide a statement of the income, assets, debts, and living expenses of the child and the child’s parent to the court or the person or agency primarily responsible for imple-

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menting the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department under s. 49.22 (9) and the manner of its application established by the department under s. 49.345 (14) (g) and listing the factors that a court may consider under s. 49.345 (14) (c). If the child is placed outside the child’s home, the court shall determine the liability of the parent in the manner provided in s. 49.345 (14). (b) If the court orders the child’s parent to provide a statement of the income, assets, debts, and living expenses of the child and the child’s parent to the court or if the court orders the child’s parent to provide that statement to the person or agency primarily responsible for implementing the dispositional order and that person or agency is not the county department or, in a county having a population of 750,000 or more, the department, the court shall also order the child’s parent to provide that statement to the county department or, in a county having a population of 750,000 or more, the department by a date specified by the court. The county department or, in a county having a population of 750,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 750,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the child. (5r) EXPECTANT MOTHER; PLACEMENT OUTSIDE THE HOME. The court may not change the placement of an expectant mother of an unborn child in need of protection or services from a placement in the expectant mother’s home to a placement outside of the expectant mother’s home unless the court finds that the expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. (6) DURATION OF ORDER. (a) No change in placement may extend the expiration date of the original dispositional order, except that if the change in placement is from a placement in the child’s home to a placement outside the home the court may extend the expiration date of the original dispositional order to the latest of the following dates, unless the court specifies a shorter period: 1. The date on which the child attains 18 years of age. 2. The date that is one year after the date on which the change-in-placement order is granted. 3. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains 19 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 19 years of age. 4. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains 21 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the child. The court may not grant an order that terminates as provided in this subdivision unless the child is 17 years of age or older when the order is granted and the child, or the child’s guardian on behalf of the child, agrees to the order. At any time after the child attains 18 years of age, the child, or the child’s guardian on behalf of the child, may request

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the court in writing to terminate the order and, on receipt of such a request, the court, without a hearing, shall terminate the order. (b) If the change in placement is from a placement outside the home to a placement in the child’s home and if the expiration date of the original dispositional order is more than one year after the date on which the change-in-placement order is granted, the court shall shorten the expiration date of the original dispositional order to the date that is one year after the date on which the changein-placement order is granted or to an earlier date as specified by the court. History: 1977 c. 354; 1979 c. 300; 1987 a. 27; 1989 a. 31, 107; 1993 a. 16, 385, 395, 446, 481, 491; 1995 a. 27, 77, 275, 404; 1997 a. 3, 35, 80, 237, 292; 1999 a. 9, 103, 149; 2001 a. 16, 103, 109; 2005 a. 253; 2007 a. 20; 2009 a. 28, 79, 94; 2011 a. 181; 2011 a. 260 s. 80; 2013 a. 170, 334; 2015 a. 172, 195, 373; 2021 a. 42, 239; 2021 a. 240 s. 30; 2025 a. 127. A foster parent is entitled to a hearing under s. 48.64 (4) (a) regarding the person’s interest as a foster parent even when placement of the child cannot be affected by the hearing outcome. Bingenheimer v. DHSS, 129 Wis. 2d 100, 383 N.W.2d 898 (1986). In the Best Interest of Children: When Foster Parents May Keep Placement. Neary. Wis. Law. Sept. 2007.

48.358 Trial reunification. (1) DEFINITION. In this section: (a) “Trial reunification” means a period of 7 consecutive days or longer, but not exceeding 150 days, during which a child who is placed in an out-of-home placement under s. 48.355 or 48.357 resides in the home of a relative of the child from which the child was removed or in the home of either of the child’s parents for the purpose of determining the appropriateness of changing the placement of the child to that home. (b) “Trial reunification home” means the home in which in which a child resides during a trial reunification. (2) TRIAL REUNIFICATION; PROCEDURE. (a) Request or proposal. No trial reunification may occur without a court order. Only the person or agency primarily responsible for implementing the dispositional order may request the court to order a trial reunification. The request shall contain the name and address of the requested trial reunification home, a statement describing why the trial reunification is in the best interests of the child, and a statement describing how the trial reunification satisfies the objectives of the child’s permanency plan. A request for a trial reunification may not be made on the sole grounds that an emergency condition necessitates an immediate removal of the child from his or her out-of-home placement. If an emergency condition necessitates such an immediate removal, the person or agency primarily responsible for implementing the dispositional order shall proceed as provided in s. 48.357 (2) (a). (b) Notice; information required. The person or agency requesting the trial reunification shall submit the request to the court and shall cause written notice of the requested trial reunification to be sent to the child, the parent, guardian, and legal custodian of the child, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the child’s court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe. The notice shall contain the information that is required to be included in the request under par. (a). (c) Hearing; when required. Any person who is entitled to receive notice of a requested trial reunification under par. (b), other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after the request was filed with the court. If an objection is filed, a hearing shall be held within 30 days after the request was filed with the court. Not less than 3 days before the hearing the person or agency requesting the trial reunification or the court shall provide notice of the hearing to all persons who are entitled to re-

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ceive notice under par. (b). A copy of the request for the trial reunification shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing. (d) Order. If the court finds that the trial reunification is in the best interests of the child and that the trial reunification satisfies the objectives of the child’s permanency plan, the court shall order the trial reunification. A trial reunification shall terminate 90 days after the date of the order, unless the court specifies a shorter period in the order, extends the trial reunification under sub. (3), or revokes the trial reunification under sub. (4) (c) or (6) (b). No trial reunification order may extend the expiration date of the original dispositional order under s. 48.355 or any extension order under s. 48.365. A trial reunification under this section is not a change in placement under s. 48.357. Unless revoked under sub. (4) (c) or (6) (b), at the end of a trial reunification, the person or agency primarily responsible for implementing the dispositional order shall do one of the following: 1. Return the child to his or her previous out-of-home placement. The person or agency may do so without further order of the court, but within 5 days after the return the person or agency shall provide notice of the date of the return and the address of that placement to all persons who are entitled to receive notice under par. (b). 2. Request a change in placement under s. 48.357 to place the child in a new out-of-home placement. 3. Request a change in placement under s. 48.357 to place the child in the trial reunification home. (3) EXTENSION OF TRIAL REUNIFICATION. (a) Extension request. The person or agency primarily responsible for implementing the dispositional order may request an extension of a trial reunification. The request shall contain a statement describing how the trial reunification continues to be in the best interests of the child. No later than 10 days prior to the expiration of the trial reunification, the person or agency that requests the extension shall submit the request to the court that ordered the trial reunification and shall cause notice of the request to be provided to all persons who are entitled to receive notice under sub. (2) (b). (b) Extension hearing; when required. Any person who is entitled to receive notice of the extension request under par. (a), other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after the request was filed with the court. If an objection is filed, the court shall schedule a hearing on the matter. If the court is unable to conduct a hearing on the matter before the trial reunification expires, the court may extend the trial reunification for not more than 30 days without a hearing. If a hearing is scheduled, not less than 3 days before the hearing the person or agency requesting the extension or the court shall provide notice of the hearing to all persons who are entitled to receive notice of the extension request under par. (a). A copy of the request for the extension shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing. (c) Extension order. If the court finds that the trial reunification continues to be in the best interests of the child, the court shall grant an order extending the trial reunification for a period specified by the court. Any number of extensions may be granted, but the total period for a trial reunification may not exceed 150 days. (4) REVOCATION OF TRIAL REUNIFICATION. (a) Revocation request; information required. 1. If the person or agency primarily responsible for implementing the dispositional order determines based on current circumstances that a trial reunification is no longer in the best interests of the child, that person or agency may, without prior court order, remove the child from the trial reunification home and place the child in the child’s previous out-

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of-home placement as provided in subd. 2. or place the child in a new out-of-home placement as provided in subd. 3. 2. If the person or agency primarily responsible for implementing the dispositional order places the child in the child’s previous out-of-home placement, within 3 days after removing the child from the trial reunification home, that person or agency shall submit a request for revocation of the trial reunification to the court that ordered the trial reunification and shall cause notice of the request to be provided to all persons who are entitled to receive notice of the trial reunification under sub. (2) (b). The request shall contain the date on which the child was removed from the trial reunification home, the address of the child’s current placement, and the reasons for the proposed revocation. Paragraphs (b) and (c) apply to a request for revocation submitted under this subdivision. 3. If the person or agency primarily responsible for implementing the dispositional order places the child in a new out-ofhome placement, within 3 days after removing the child from the trial reunification home, that person or agency shall request a change in placement under s. 48.357 (1) (am). The procedures specified in s. 48.357 relating to a change in placement under s. 48.357 (1) (am) apply to a change in placement requested under this subdivision, except that the request shall include the date on which the child was removed from the trial reunification home in addition to the information required under s. 48.357 (1) (am) 1., and the trial reunification is revoked when the change in placement order is granted. (b) Revocation hearing; when required. Any person who is entitled to receive notice of a revocation request under par. (a) 2., other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after the request is filed with the court. If a hearing is scheduled, not less than 3 days prior to the hearing the court shall provide notice of the hearing, together with a copy of the request for the revocation, to all persons who are entitled to receive notice under par. (a) 2. If all parties consent, the court may proceed immediately with the hearing. (c) Revocation order. If the court finds that the trial reunification is no longer in the best interests of a child who has been placed in his or her previous out-of-home placement under par. (a) 1., the court shall grant an order revoking the trial reunification. (5) REMOVAL FROM FOSTER HOME OR OTHER PHYSICAL CUSTODIAN. If a hearing is held under sub. (2) (c) and the trial reunification 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 trial reunification. A foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (2) (c) 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. (6) PROHIBITED TRIAL REUNIFICATIONS BASED ON HOMICIDE OF PARENT. (a) Prohibition. Except as provided in par. (c), the court may not order a trial reunification in the home of a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, if the conviction has not been reversed, set aside, or vacated. (b) Revocation. Except as provided in par. (c), if a parent in whose home a child is placed for a trial reunification is convicted

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under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child’s other parent, and the conviction has not been reversed, set aside, or vacated, the court shall revoke the trial reunification and the child shall be returned to his or her previous out-of-home placement or, pursuant to s. 48.357, placed in a new out-of-home placement. (c) Exception. Paragraphs (a) and (b) do 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. History: 2011 a. 181; 2015 a. 373.

48.36 Payment for services. (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a consent decree under s. 48.32, a disposition made under s. 48.345, or a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department or a county department, shall be determined under s. 49.345 (14). Support payments for residential services, when purchased or otherwise funded by the department of health services or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10 (14). (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent’s earning capacity, including information reported under s. 49.22 (2m) to the department or the county child support agency under s. 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the child’s parent to furnish a statement of income, assets, debts, and living expenses, if the parent has not already done so, to the court within 10 days after the court’s order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court. (2) If an expectant mother or a child whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost of those services or that treatment, if ordered by the court, shall be a charge upon the county in a county having a population of less than 750,000 or the department in a county having a population of 750,000 or more. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the child or from an adult expectant mother as the court may order based on the ability of the parent, guardian or adult expectant mother to pay. This subsection shall be subject to s. 49.32 (1). (3) In determining county or departmental liability, this section does not apply to services specified in ch. 115. History: 1977 c. 354; 1979 c. 221; 1981 c. 81; 1985 a. 29 s. 3202 (23); 1985 a. 176; 1989 a. 31, 107; 1993 a. 446, 481; 1995 a. 27 ss. 2468, 9126 (19); 1995 a. 77, 404; 1997 a. 3, 27, 292; 2007 a. 20 ss. 1255 to 1257, 9121 (6) (a); 2015 a. 172, 373.

48.361 Payment for alcohol and other drug abuse services. (1) In this section, “alcohol and other drug abuse services” means all of the following: (a) Any alcohol or other drug abuse examination or assessment ordered by a court under s. 48.295 (1).

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(b) Any special treatment or care that relates to alcohol or other drug abuse services ordered by a court under s. 48.345 (6) (a) or 48.347 (4) (a). (c) Any alcohol or other drug abuse treatment or education ordered by a court under s. 48.345 (6) (a), (13) or (14) or 48.347 (4) (a), (5) or (6) (a). (2) (a) 1. If a child’s parent neglects, refuses or is unable to provide court-ordered alcohol and other drug abuse services for the child through his or her health insurance or other 3rd-party payments, notwithstanding s. 48.36 (3), the judge may order the parent to pay for the court-ordered alcohol and drug abuse services. If the parent consents to provide court-ordered alcohol and other drug abuse services for a child through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered alcohol and other drug abuse services the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other drug abuse services in accordance with the terms of the parent’s health insurance policy or other 3rd-party payment plan. 1m. If an adult expectant mother neglects, refuses or is unable to obtain court-ordered alcohol and other drug abuse services for herself through her health insurance or other 3rd-party payments, the judge may order the adult expectant mother to pay for the court-ordered alcohol and drug abuse services. If the adult expectant mother consents to obtain court-ordered alcohol and other drug abuse services for herself through her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered alcohol and other drug abuse services, the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other drug abuse services in accordance with the terms of the adult expectant mother’s health insurance policy or other 3rd-party payment plan. 2. This paragraph applies to payment for alcohol and other drug abuse services in any county, regardless of whether the county is a pilot county under s. 48.547. (am) 1. If a court in a county that has an alcohol or other drug abuse program under s. 48.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with par. (b). 2. If a court in a county that does not have an alcohol and other drug abuse program under s. 48.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with s. 48.345 (6) (a), 48.347 (4) (a) or 48.36. (b) 1. In counties that have an alcohol and other drug abuse program under s. 48.547, in addition to using the alternative provided for under par. (a), the court may order a county department of human services established under s. 46.23 or a county department established under s. 51.42 or 51.437 in the child’s county of legal residence to pay for the court-ordered alcohol and other drug abuse services whether or not custody has been taken from the parent. 1m. In counties that have an alcohol and other drug abuse program under s. 48.547, in addition to using the alternative provided for under par. (a), the court may order a county department of human services established under s. 46.23 or a county department established under s. 51.42 or 51.437 in the adult expectant mother’s county of legal residence to pay for the court-ordered alcohol and other drug abuse services provided for the adult expectant mother. 2. If a judge orders a county department established under s. 51.42 or 51.437 to provide alcohol and other drug abuse services under this paragraph, the provision of the alcohol and other drug abuse services shall be subject to conditions specified in ch. 51.

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(c) Payment for alcohol and other drug abuse services by a county department under this section does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug abuse services from the parent or adult expectant mother which is based upon the ability of the parent or adult expectant mother to pay. This subsection is subject to s. 49.32 (1). History: 1987 a. 339; 1989 a. 56 s. 259; 1993 a. 446; 1995 a. 77, 275; 1997 a. 292; 2007 a. 20.

48.362 Payment for certain special treatment or care services. (1) In this section, “special treatment or care” has the meaning given in s. 48.02 (17m), except that it does not include alcohol and other drug abuse services. (2) This section applies to the payment of court-ordered special treatment or care under s. 48.345 (6) (a), whether or not custody has been taken from the parent, and to the payment of courtordered special treatment or care under s. 48.347 (4) (a). (3) If a child’s parent neglects, refuses or is unable to provide court-ordered special treatment or care for the child through his or her health insurance or other 3rd-party payments, notwithstanding s. 48.36 (3), the judge may order the parent to pay for the court-ordered special treatment or care. If the parent consents to provide court-ordered special treatment or care for a child through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the judge may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the parent’s health insurance policy or other 3rdparty payment plan. (3m) If an adult expectant mother neglects, refuses or is unable to obtain court-ordered special treatment or care for herself through her health insurance or other 3rd-party payments, the judge may order the adult expectant mother to pay for the courtordered special treatment or care. If the adult expectant mother consents to obtain court-ordered special treatment or care for herself through her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the judge may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the adult expectant mother’s health insurance policy or other 3rd-party payment plan. (4) (a) If the judge finds that payment is not attainable under sub. (3) or (3m), the judge may order the county department under s. 51.42 or 51.437 of the county of legal residence of the child or expectant mother to pay the cost of any court-ordered special treatment or care that is provided by or under contract with that county department. (b) Payment for special treatment or care by a county department under par. (a) does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of special treatment or care. (c) A county department that pays for court-ordered special treatment or care under par. (a) may recover from the parent or adult expectant mother, based on the ability of the parent or adult expectant mother to pay, a reasonable contribution toward the costs of the court-ordered special treatment or care. This paragraph is subject to s. 49.32 (1). History: 1993 a. 446; 1995 a. 77, 275; 1997 a. 292; 2007 a. 20.

48.363

Revision of dispositional orders.

(1) (a) A

child, the child’s parent, guardian, legal custodian, or Indian custodian, an expectant mother, an unborn child’s guardian ad litem, any person or agency bound by a dispositional order, or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement or a trial reunification, including a revision with respect to the amount of child support to be paid by a parent. The court may also propose a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court’s disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter prior to any revision of the dispositional order if the request or court proposal indicates that new information is available that affects the advisability of the court’s dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. (b) If a hearing is held, at least 3 days before the hearing the court shall notify the child, the child’s parent, guardian, legal custodian, and Indian custodian, all parties bound by the dispositional order, the child’s foster parent or other physical custodian described in s. 48.62 (2), the child’s court-appointed special advocate, the district attorney or corporation counsel in the county in which the dispositional order was entered, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child’s tribe. If the child is the expectant mother of an unborn child under s. 48.133, the court shall also notify the unborn child’s guardian ad litem. If the proceeding involves an adult expectant mother of an unborn child under s. 48.133, the court shall notify the adult expectant mother, the unborn child’s guardian ad litem, all parties bound by the dispositional order, and the district attorney or corporation counsel in the county in which the dispositional order was entered, at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order. (c) If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child’s parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department under s. 49.22 (9) and the manner of its application established by the department under s. 49.345 (14) (g) and listing the factors that a court may consider under s. 49.345 (14) (c). (d) If the court orders the child’s parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child’s parent to provide that statement to the person or agency primarily responsible for implementing the dispositional order and that person or agency is not the county department or, in a county having a population of 750,000 or more, the department, the court shall also order the child’s parent to provide that statement to the county department or, in a county having a population of 750,000 or more, the department by a date specified by the court. The county department or, in a county having a population of 750,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 750,000 or more, the department shall use the information provided in the statement to determine whether the department may

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claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the child. (1m) If a hearing is held under sub. (1) (a), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall give a foster parent or other physical custodian described in s. 48.62 (2) of the child 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, relevant to the issue of revision. A foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (a) 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. (2) If the court revises a dispositional order with respect to the amount of child support to be paid by a parent for the care and maintenance of the parent’s minor child who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in s. 49.345 (14). History: 1977 c. 354; 1979 c. 300; 1985 a. 172; 1993 a. 481; 1995 a. 275, 404; 1997 a. 3, 80, 237, 292; 1999 a. 103, 149; 2001 a. 38, 109; 2007 a. 20; 2009 a. 28, 79, 94; 2011 a. 181, 258; 2013 a. 170; 2015 a. 172. Sub. (1) does not set the procedure to adjudicate the issue of residence for an incompetent minor whose parent’s residence has changed. Waukesha County v. Dodge County, 229 Wis. 2d 766, 601 N.W.2d 296 (Ct. App. 1999), 98-3022.

48.365 Extension of orders. (1) In this section, a child is considered to have been placed outside of his or her home on the date on which the child was first removed from his or her home. (1m) The parent, child, guardian, legal custodian, Indian custodian, expectant mother, unborn child’s guardian ad litem, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered, or the court on its own motion may request an extension of an order under s. 48.355 including an order under s. 48.355 that was entered before the child was born. The request shall be submitted to the court that entered the order. An order under s. 48.355 may be extended only as provided in this section. (2) No order may be extended without a hearing. The court shall provide notice of the time and place of the hearing to the child, the child’s parent, guardian, legal custodian, and Indian custodian, all the parties present at the original hearing, the child’s foster parent or other physical custodian described in s. 48.62 (2), the child’s court-appointed special advocate, the district attorney or corporation counsel in the county in which the dispositional order was entered and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child’s tribe. If the child is an expectant mother of an unborn child under s. 48.133, the court shall also notify the unborn child’s guardian ad litem. If the extension hearing involves an adult expectant mother of an unborn child under s. 48.133, the court shall notify the adult expectant mother, the unborn child’s guardian ad litem, all the parties present at the original hearing, and the district attorney or corporation counsel in the county in which the dispositional order was entered, of the time and place of the hearing. (2g) (a) At the hearing the person or agency primarily responsible for providing services to the child or expectant mother shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the rehabilitation or care and treatment of the child or for the rehabilitation and treatment of the expectant mother and the care of the unborn child.

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(b) If the child is placed outside of his or her home, the report shall include all of the following: 1. A copy of the report of the review panel under s. 48.38 (5), if any, and a response to the report from the agency primarily responsible for providing services to the child. 2. An evaluation of the child’s adjustment to the placement and of any progress the child has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the permanency goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the child’s placement. 3. If the child has been placed outside of his or her home in a foster home, group home, residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the child. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the child, and whether or not the child should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the child be registered with the adoption information exchange or report the reason why registering the child is contrary to the best interest of the child. 4. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, specific information showing that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. (c) In cases where the child has not been placed outside the home, the report shall contain a description of efforts that have been made by all parties concerned toward meeting the objectives of treatment, care or rehabilitation, an explanation of why these efforts have not yet succeeded in meeting the objective, and anticipated future planning for the child. (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the child is placed outside of his or her home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the permanency goal of the child’s permanency plan, including, if appropriate, through an out-of-state placement. If an Indian child is placed outside the home of his or her parent or Indian custodian, the person or agency primarily responsible for providing services to the Indian child shall also present as evidence specific information showing that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. 1m. The judge shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the

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child to achieve the permanency goal of the child’s permanency plan, including, if appropriate, through an out-of-state placement. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the findings of fact shall also include a finding that active efforts under s. 48.028 (4) (d) 2. were made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. An order shall be issued under s. 48.355. 1r. a. If the child is placed outside of his or her home and if the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been placed outside the home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the agency has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the court has determined 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 agency shall present as evidence specific information showing that agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or wellbeing of the child or any of those siblings. b. If the child is placed outside the home and if the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been placed outside the home, the findings of fact shall include a finding as to whether reasonable efforts have been made by the agency primarily responsible for providing services to the child to place the child in a placement that enables the sibling group to remain together, unless the court has determined 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 findings of fact shall include a finding as to whether reasonable efforts have been made by the agency to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. 2. If the judge finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the child is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home. 3. The judge shall make the findings under subd. 1m. relating to reasonable efforts to achieve the permanency goal of the child’s permanency plan and the findings under subd. 2. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the order issued under s. 48.355. An order that merely references subd. 1m. or 2. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision. (ad) If the judge finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency goal and, if applicable any concurrent permanency goals for the child. (ag) The court shall give a foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under sub. (2) 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, relevant to the issue of extension. A foster parent or

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other physical custodian who receives notice of a hearing under sub. (2) and a right to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and having the right to be heard. (b) If a child has been placed outside the home under s. 48.345, or if an adult expectant mother has been placed outside the home under s. 48.347, and an extension is ordered under this subsection, the judge shall state in the record the reason for the extension. (3) The appearance of any child may be waived by consent of the child, counsel or guardian ad litem. (4) The judge shall determine which dispositions are to be considered for extensions. (5) (a) Except as provided in s. 48.368, an order under this section that continues the placement of a child in his or her home or that relates to an unborn child of an adult expectant mother shall be for a specified length of time not to exceed one year after the date on which the order is granted. (b) Except as provided in s. 48.368, an order under this section that continues the placement of a child in an out-of-home placement shall be for a specified length of time not to exceed the latest of the following dates: 1. The date on which the child attains 18 years of age. 2. The date that is one year after the date on which the order is granted. 3. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains 19 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 19 years of age. 4. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains 21 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the child. The court may not grant an order that terminates as provided in this subdivision unless the child is 17 years of age or older when the order is granted and the child, or the child’s guardian on behalf of the child, agrees to the order. At any time after the child attains 18 years of age, the child, or the child’s guardian on behalf of the child, may request the court in writing to terminate the order and, on receipt of such a request, the court, without a hearing, shall terminate the order. (6) If a request to extend a dispositional order is made prior to the termination of the order, but the court is unable to conduct a hearing on the request prior to the termination date, the court may extend the order for a period of not more than 30 days, not including any period of delay resulting from any of the circumstances specified in s. 48.315 (1). The court shall grant appropriate relief as provided in s. 48.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time period specified in this subsection. Failure to object if a hearing is not held within the time period under this subsection waives any challenge to the court’s competency to act on the request. (7) Nothing in this section may be construed to allow any changes in placement or trial reunifications. Changes in placement may take place only under s. 48.357, and trial reunifications may take place only under s. 48.358. History: 1977 c. 354; 1979 c. 300; 1983 a. 351, 399, 538; 1985 a. 172; 1987 a. 383; 1989 a. 31, 86, 107, 359; 1993 a. 16, 98, 377, 446; 1995 a. 27, 77, 275; 1997 a. 27, 80, 237, 292; 1999 a. 32, 149; 2001 a. 109; 2007 a. 199; 2009 a. 28, 79, 94, 185; 2011 a. 181, 258; 2011 a. 260 s. 80; 2013 a. 165, 170, 334; 2015 a. 373.

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An extension under sub. (6) does not deprive a juvenile of liberty without due process. S.D.R. v. State, 109 Wis. 2d 567, 326 N.W.2d 762 (1982). The court may extend a dispositional order for 30 days under sub. (6) to consider a petition to extend the original order even when the juvenile turns 18 during the extension period. State v. W.P., 153 Wis. 2d 50, 449 N.W.2d 615 (1990). As I See It: Aging Out: Crossing into Adulthood Without a Net. Kilander. Wis. Law. Sept. 2014.

48.366 Extended out-of-home care. (1) APPLICABILITY. This section applies to a person who is a full-time student of a secondary school or its vocational or technical equivalent, for whom an individualized education program under s. 115.787 is in effect, and to whom any of the following applies: (a) The person is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, or in a supervised independent living arrangement under an order under s. 48.355, 48.357, or 48.365 that terminates as provided in s. 48.355 (4) (b) 1., 2., or 3., 48.357 (6) (a) 1., 2., or 3., or 48.365 (5) (b) 1., 2., or 3. on or after the person attains 18 years of age. (b) The person is in the guardianship and custody of an agency specified in s. 48.427 (3m) (a) 1. to 4. or (am) under an order under s. 48.43 that terminates on the date on which the person attains 18 years of age. (c) The person is placed in a shelter care facility on the date on which an order specified in par. (a) or (b) terminates. (2) TRANSITION-TO-DISCHARGE HEARING. (a) Not less than 120 days before an order described in sub. (1) (a) or (b) terminates, the agency primarily responsible for providing services under the order shall request the person who is the subject of the order to indicate whether he or she wishes to be discharged from out-of-home care on termination of the order or wishes to continue in out-of-home care under a voluntary agreement under sub. (3). If the person is subject to an order under s. 48.355, 48.357, or 48.365 described in sub. (1) (a), the agency shall also request the person to indicate whether he or she wishes to continue in out-ofhome care until the date specified in s. 48.365 (5) (b) 4. under an extension of the order. If the person indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency shall request a transition-to-discharge hearing under par. (b). If the person indicates that he or she wishes to continue in out-of-home care under an extension of an order under s. 48.355, 48.357, or 48.365 described in sub. (1) (a), the agency shall request an extension of the order under s. 48.365. If the person indicates that he or she wishes to continue in out-ofhome care under a voluntary agreement under sub. (3), the agency and the person shall enter into such an agreement. (b) 1. If the person who is the subject of an order described in sub. (1) (a) or (b) indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency primarily responsible for providing services to the person under the order shall request the court to hold a transition-to-discharge hearing and shall cause notice of that request to be provided to that person, the parent, guardian, and legal custodian of that person, any foster parent or other physical custodian described in s. 48.62 (2) of that person, that person’s court-appointed special advocate, all parties who are bound by the dispositional order, and, if that person is an Indian child who has been removed from the home of his or her parent or Indian custodian, that person’s Indian custodian and tribe. 2. The court shall hold a hearing requested under subd. 1. within 30 days after receipt of the request. Not less than 3 days before the hearing, the agency requesting the hearing shall provide notice of the hearing to all persons who are entitled to receive notice of the request under subd. 1. A copy of the request shall be attached to the notice. If all persons who are entitled to receive the notice consent, the court may proceed immediately with the hearing.

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3. At the hearing the court shall review with the person who is the subject of an order described in sub. (1) (a) or (b) the options specified in par. (a). If the person is subject to an order under s. 48.355, 48.357, or 48.365 described in sub. (1) (a), the court shall also advise the person that he or she may continue in out-of-home care as provided in par. (a) under an extension of an order under s. 48.355, 48.357, or 48.365 described in sub. (1) (a) or under a voluntary agreement under sub. (3). 4. If the court determines that the person who is the subject of an order described in sub. (1) (a) or (b) understands that he or she may continue in out-of-home care, but wishes to be discharged from that care on termination of the order, the court shall advise the person that he or she may enter into a voluntary agreement under sub. (3) at any time before he or she is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first, so long as he or she is a full-time student at a secondary school or its vocational or technical equivalent and an individualized education program under s. 115.787 is in effect for him or her. If the court determines that the person wishes to continue in out-of-home care under an extension of an order under s. 48.355, 48.357, or 48.365 described in sub. (1) (a), the court shall schedule an extension hearing under s. 48.365. If the court determines that the person wishes to continue in out-ofhome care under a voluntary agreement under sub. (3), the court shall order the agency primarily responsible for providing services to the person under the order to provide transition-to-independent-living services for the person under that voluntary agreement. (3) VOLUNTARY TRANSITION-TO-INDEPENDENT-LIVING AGREEMENT. (a) On termination of an order described in sub. (1) (a) or (b), the person who is the subject of the order, or the person’s guardian on behalf of the person, and the agency primarily responsible for providing services to the person under the order may enter into a transition-to-independent-living agreement under which the person continues in out-of-home care and continues to be a full-time student at a secondary school or its vocational or technical equivalent under an individualized education program under s. 115.787 until the date on which the person reaches 21 years of age, is granted a high school or high school equivalency diploma, or terminates the agreement as provided in par. (b), whichever occurs first, and the agency provides services to the person to assist him or her in transitioning to independent living. (am) 1. No later than 150 days after a transition-to-independent-living agreement is entered into, the agency primarily responsible for providing services under the agreement shall petition the court for a determination that the person’s placement in out-of-home care under the agreement is in the best interests of the person. The request shall contain the name and address of the placement and specific information showing why the placement is in the best interests of the person and shall have a copy of the agreement attached to it. The agency shall cause written notice of the petition to be sent to the person who is the subject of the agreement and the person’s guardian. 2. On receipt of a petition under subd. 1., the court shall set a date for a hearing on the petition that allows a reasonable time for the parties to prepare but is within 30 days after the date of receipt of the petition. Not less than 3 days before the hearing the agency primarily responsible for providing services under the agreement or the court shall provide notice of the hearing to all persons who are entitled to receive notice under subd. 1. A copy of the petition shall be attached to the notice. 3. If the court finds that the person’s placement in out-ofhome care under the agreement is in the best interests of the person, the court shall grant an order determining that placement in out-of-home care under the agreement is in the best interests of

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the person. The court shall grant or deny the order no later than 180 days after the date on which the transition-to-independentliving agreement is entered into. 4. The court shall make the findings under subd. 3. on a caseby-case basis based on circumstances specific to the person and shall document or reference the specific information on which those findings are based in the order under subd. 3. An order that merely references subd. 3. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision. (b) The person who is the subject of an agreement under par. (a) or his or her guardian may terminate the agreement at any time during the term of the agreement by notifying the agency primarily responsible for providing services under the agreement in writing that the person wishes to terminate the agreement. (c) A person who terminates a voluntary agreement under this subsection, or the person’s guardian on the person’s behalf, may request the agency primarily responsible for providing services to the person under the agreement to enter into a new voluntary agreement under this subsection at any time before the person is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first, so long as the person is a full-time student at a secondary school or its vocational or technical equivalent and an individualized education program under s. 115.787 is in effect for him or her. If the request meets the conditions set forth in the rules promulgated under sub. (4) (b), the agency shall enter into a new voluntary agreement with that person. (d) If the agency that enters into a voluntary agreement under this subsection is the department or a county department, the voluntary agreement shall also specifically state that the department or the county department has placement and care responsibility for the person who is the subject of the agreement as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the person. (3g) APPEAL PROCEDURES. Any person who is aggrieved by the failure of an agency to enter into a transition-to-independentliving agreement under sub. (3) or by an agency’s termination of such an agreement has the right to a contested case hearing under ch. 227. (3m) COST OF RESIDENTIAL CARE CENTER PLACEMENTS. The department is responsible for meeting the cost of a placement of a child 18 years of age or over in a residential care center for children and youth under a voluntary agreement under sub. (3) or under an order that terminates as provided in s. 48.355 (4) (b) 4., 48.357 (6) (a) 4., or 48.365 (5) (b) 4. The department shall meet that cost from the appropriations under s. 20.437 (1) (dd) and (pd). (4) RULES. The department shall promulgate rules to implement this section. Those rules shall include all of the following: (a) Rules permitting a foster home, group home, or residential care center for children and youth to provide care for persons who agree to continue in out-of-home care under an extension of an order described in sub. (1) (a) or a voluntary agreement under sub. (3). (b) Rules setting forth the conditions under which a person who has terminated a voluntary agreement under sub. (3) and the agency primarily responsible for providing services under the agreement may enter into a new voluntary agreement under sub. (3) (c). History: 1987 a. 27; 1989 a. 31, 107, 359; 1993 a. 98, 385; 1995 a. 27, 77; 1997 a. 27, 35; 2001 a. 16; 2005 a. 344; 2013 a. 334; 2015 a. 55, 128; 2017 a. 366 s. 99; 2023 a. 119. As I See It: Aging Out: Crossing into Adulthood Without a Net. Kilander. Wis. Law. Sept. 2014.

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48.368 Continuation of dispositional orders. (1) If a petition for termination of parental rights is filed under s. 48.41 or 48.415 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under s. 48.355, an extension order under s. 48.365, a voluntary agreement for placement of the child under s. 48.63, or a guardianship order under s. 48.977 or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., is in effect, the dispositional or extension order, voluntary agreement, or guardianship order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded. (2) If a child’s placement with a guardian appointed under s. 48.977 (2) is designated by the court under s. 48.977 (3) as a permanent foster placement for the child while a dispositional order under s. 48.345, a revision order under s. 48.363 or an extension order under s. 48.365 is in effect with respect to the child, such dispositional order, revision order or extension order shall remain in effect until the earliest of the following: (a) Thirty days after the guardianship terminates under s. 48.977 (7). (b) A court enters a change in placement order under s. 48.357. (c) A court order terminates such dispositional order, revision order or extension order. (d) The child attains the age of 18 years. History: 1989 a. 86; 1993 a. 446; Stats. 1993 s. 48.368; 1995 a. 275; 1997 a. 80; 2005 a. 293; 2007 a. 45; 2019 a. 109; 2021 a. 240 s. 30.

48.37 Costs and fees. (1) A court assigned to exercise jurisdiction under this chapter and ch. 938 may not impose costs, fees, or surcharges under ch. 814 against a child under 14 years of age but may impose costs, fees, and surcharges under ch. 814 against a child 14 years of age or older. (2) Notwithstanding sub. (1), no costs, fees, or surcharges may be imposed under ch. 814 against any child in a circuit court exercising jurisdiction under s. 48.16. History: 1977 c. 354, 449; 1979 c. 300, 359; 1987 a. 27; 1991 a. 263; 1993 a. 387; 1995 a. 77; 2003 a. 139.

48.371 Access to certain information by substitute care provider. (1) If a child is placed in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent or in the home of like-kin, including a placement under s. 48.205 or 48.21, the agency, as defined in s. 48.38 (1) (a), that placed the child or arranged for the placement of the child shall provide the following information to the foster parent, relative, like-kin, or operator of the group home or residential care center for children and youth at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date: (a) Results of an HIV test, as defined in s. 252.01 (2m), of the child, as provided under s. 252.15 (3m) (d) 15., including results included in a court report or permanency plan. At the time that the HIV test results are provided, the agency shall notify the foster parent, relative, like-kin, or operator of the group home or residential care center for children and youth of the confidentiality requirements under s. 252.15 (6). (b) Results of any tests of the child to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. (c) Any other medical information concerning the child that is necessary for the care of the child. (3) At the time of placement of a child in a foster home, group home, or residential care center for children and youth or in the

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home of a relative other than a parent or in the home of like-kin or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 48.38 (1) (a), responsible for preparing the child’s permanency plan shall provide to the foster parent, relative, like-kin, or operator of the group home or residential care center for children and youth information contained in the court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2), or 48.837 (4) (c) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), or 48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following: (a) Any mental, emotional, cognitive, developmental, or behavioral disability of the child. (b) Any involvement of the child in any criminal gang, as defined in s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group. (c) Any involvement of the child in any activities that are harmful to the child’s physical, mental, or moral well-being. (d) Any involvement of the child, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or 948.085, prostitution in violation of s. 944.30 (1m), trafficking in violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, sexual exploitation of a child in violation of s. 948.05, trafficking of a child in violation of s. 948.051, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the child or for the protection of any person living in the foster home, group home, or residential care center for children and youth or in the home of the relative or like-kin. (e) The religious affiliation or belief of the child. (4) Subsection (1) does not preclude an agency, as defined in s. 48.38 (1) (a), that is arranging for the placement of a child from providing the information specified in sub. (1) (a) to (c) to a person specified in sub. (1) (intro.) before the time of placement of the child. Subsection (3) does not preclude an agency, as defined in s. 48.38 (1) (a), responsible for preparing a child’s court report or permanency plan from providing the information specified in sub. (3) (a) to (e) to a person specified in sub. (3) (intro.) before the time of placement of the child. (5) Except as permitted under s. 252.15 (6), a foster parent, relative, like-kin, or operator of a group home or residential care center for children and youth that receives any information under sub. (1) or (3), other than the information described in sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the child or participating in a court hearing or permanency review concerning the child. History: 1993 a. 395; 1995 a. 275; 1997 a. 272; 2001 a. 59, 69, 105; 2005 a. 232, 277; 2007 a. 97, 116; 2009 a. 28, 209; 2011 a. 181, 260; 2013 a. 362; 2023 a. 119. NOTE: 1993 Wis. Act 395, which created this section, contains extensive explanatory notes.

48.373 Medical authorization. (1) The court assigned to exercise jurisdiction under this chapter and ch. 938 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and ch. 938 determines that reasonable cause exists for the services and that the minor is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 938 and consents. (2) Section 48.375 (7) applies if the medical service authorized under sub. (1) is an abortion.

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(3) In a proceeding under s. 48.375 (7), a circuit court exercising jurisdiction under s. 48.16 may not authorize any medical services other than the performance or inducement of an abortion. History: 1971 c. 105; 1977 c. 354 s. 64; 1977 c. 449; Stats. 1977 s. 48.373; 1991 a. 263; 1993 a. 32; 1995 a. 77.

48.375 Parental consent required prior to abortion; judicial waiver procedure. (1) LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that: 1. Immature minors often lack the ability to make fully informed choices that take account of both immediate and longrange consequences. 2. The medical, emotional and psychological consequences of abortion and of childbirth are serious and can be lasting, particularly when the patient is immature. 3. The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of bearing a child or of having an abortion are not necessarily related. 4. Parents ordinarily possess information essential to a physician’s exercise of the physician’s best medical judgment concerning a minor. 5. Parents who are aware that their minor is pregnant or has had an abortion may better ensure that she receives adequate medical attention during her pregnancy or after her abortion. 6. Parental knowledge of a minor’s pregnancy and parental consent to an abortion are usually desirable and in the best interest of the minor. (b) It is the intent of the legislature in enacting this section to further the purposes set forth in s. 48.01, and in particular to further the important and compelling state interests in: 1. Protecting minors against their own immaturity. 2. Fostering the family structure and preserving it as a viable social unit. 3. Protecting the rights of parents to rear minors who are members of their households. (2) DEFINITIONS. In this section: (a) “Abortion” means the use of any instrument, medicine, drug or any other substance or device with intent to terminate the pregnancy of a minor after implantation of a fertilized human ovum and with intent other than to increase the probability of a live birth, to preserve the life or health of the infant after live birth or to remove a dead fetus. (b) “Adult family member” means any of the following who is at least 25 years of age: 1. Grandparent. 2. Aunt. 3. Uncle. 4. Sister. 5. Brother. (c) “Counselor” means a physician including a physician specializing in psychiatry, a psychologist, or an ordained member of the clergy. “Counselor” does not include any person who is employed by or otherwise affiliated with a reproductive health care facility, a family planning clinic, or a family planning agency; any person affiliated with the performance of abortions, except abortions performed to save the life of the mother; or any person who may profit from giving advice to seek an abortion. (d) Notwithstanding s. 48.02 (2m), “court” means any circuit court within this state. (e) “Emancipated minor” means a minor who is or has been married; a minor who has previously given birth; or a minor who has been freed from the care, custody and control of her parents,

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with little likelihood of returning to the care, custody and control prior to marriage or prior to reaching the age of majority. (em) “Member of the clergy” has the meaning given in s. 765.002 (1). (g) “Physician” means a person licensed to practice medicine and surgery under ch. 448. (h) “Referring physician” means a physician who refers a minor to another physician for the purpose of obtaining an abortion. (3) APPLICABILITY. This section applies whether or not the minor who initiates the proceeding is a resident of this state. (4) PARENTAL CONSENT REQUIRED. (a) Except as provided in this section, no person may perform or induce an abortion on or for a minor who is not an emancipated minor unless the person is a physician and one of the following applies: 1. The person or the person’s agent has, either directly or through a referring physician or his or her agent, received and made part of the minor’s medical record, under the requirements of s. 253.10, the voluntary and informed written consent of the minor and the voluntary and informed written consent of one of her parents; or of the minor’s guardian or legal custodian, if one has been appointed; or of an adult family member of the minor; or of one of the minor’s foster parents, if the minor has been placed in a foster home and the minor’s parent has signed a waiver granting the department, a county department, or the foster parent the authority to consent to medical services or treatment on behalf of the minor. 2. The court has granted a petition under sub. (7). (b) Paragraph (a) does not apply if the person who intends to perform or induce the abortion is a physician and any of the following occurs: 1. The person who intends to perform or induce the abortion believes, to the best of his or her medical judgment based on the facts of the case before him or her, that a medical emergency exists that complicates the pregnancy so as to require an immediate abortion. 1g. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, in which the minor swears that the pregnancy is the result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the minor did not indicate a freely given agreement to have sexual intercourse. The person who intends to perform or induce the abortion shall place the statement in the minor’s medical record and report the sexual intercourse as required under s. 48.981 (2) or (2m) (e). Any minor who makes a false statement under this subdivision, which the minor does not believe is true, is subject to a proceeding under s. 938.12 or 938.13 (12), whichever is applicable, based on a violation of s. 946.32 (2). 1m. A physician who specializes in psychiatry or a psychologist states in writing that the physician or psychologist believes, to the best of his or her professional judgment based on the facts of the case before him or her, that the minor is likely to commit suicide rather than file a petition under s. 48.257 or approach her parent, or guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or one of the minor’s foster parents, if the minor has been placed in a foster home and the minor’s parent has signed a waiver granting the department, a county department, or the foster parent the authority to consent to medical services or treatment on behalf of the minor, for consent. 2. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, that the pregnancy is the result of sexual intercourse with a caregiver specified in s. 48.981 (1) (am) 1., 2., 3., 4. or 8. The person who intends to perform or induce the abortion shall place the statement in the minor’s medical record. The person

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who intends to perform or induce the abortion shall report the sexual intercourse as required under s. 48.981 (2m) (d) 1. 3. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, that a parent who has legal custody of the minor, or the minor’s guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or a foster parent, if the minor has been placed in a foster home and the minor’s parent has signed a waiver granting the department, a county department, or the foster parent the authority to consent to medical services or treatment on behalf of the minor, has inflicted abuse on the minor. The person who intends to perform or induce the abortion shall place the statement in the minor’s medical record. The person who intends to perform or induce the abortion shall report the abuse as required under s. 48.981 (2). (5) COUNSELING. Any minor who is pregnant and who is seeking an abortion and any minor who has had an abortion may receive counseling from a counselor of her choice. A county department may refer the minor to a private counselor. (6) RIGHT TO PETITION COURT FOR WAIVER. Any pregnant minor who is seeking an abortion in this state, and any member of the clergy on the minor’s behalf, may file a petition specified under s. 48.257 with any court for a waiver of the parental consent requirement under sub. (4) (a) 1. (7) COURT PROCEDURE. (a) Receipt of petition; initial appearance. On the date that a petition under s. 48.257 is filed, or if it is impossible to do so on that day, on the next calendar day, the court shall hold an initial appearance in chambers at which the minor or the member of the clergy who filed the petition on behalf of the minor, if any, is present and shall do all of the following: 1. Appoint legal counsel under s. 48.23 (1m) (cm) for the minor if the minor is not represented by counsel. 3. Set a time for a hearing on the petition that will enable the court to act within the time period specified in par. (d) 1. 4. Notify the minor, the minor’s counsel, if any, the member of the clergy who filed the petition on behalf of the minor, if any, and the minor’s guardian ad litem, if any, of the time, date and place of the hearing. (am) Guardian ad litem; appointment. At the initial appearance under par. (a), the court may also, in its discretion, appoint a guardian ad litem under s. 48.235 (1) (d). (b) Hearing; evidence. The court shall hold a confidential hearing on a petition that is filed by a minor. The hearing shall be held in chambers, unless a public fact-finding hearing is demanded by the minor through her counsel. At the hearing, the court shall consider the report of the guardian ad litem, if any, and hear evidence relating to all of the following: 1. The emotional development, maturity, intellect and understanding of the minor. 2. The understanding of the minor about the nature of, possible consequences of and alternatives to the intended abortion procedure. 3. Any other evidence that the court may find useful in making the determination under par. (c). (bm) Member of the clergy’s affidavit. If a member of the clergy files a petition under s. 48.257 on behalf of a minor, the member of the clergy shall file with the petition an affidavit stating that the member of the clergy has met personally with the minor and has explored with the minor the alternative choices available to the minor for managing the pregnancy, including carrying the pregnancy to term and keeping the infant, carrying the pregnancy to term and placing the infant with a relative or with another family for adoption or having an abortion, and has dis-

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cussed with the minor the possibility of involving one of the persons specified in sub. (4) (a) 1. in the minor’s decision making concerning the pregnancy and whether or not in the opinion of the minor that involvement would be in the minor’s best interests. The court may make the determination under par. (c) on the basis of the ordained member of the clergy’s affidavit or may, in its discretion, require the minor to attend an interview with the court in chambers before making that determination. Any information supplied by a minor to a member of the clergy in preparation of the petition under s. 48.257 or the affidavit under this paragraph shall be kept confidential and may only be disclosed to the court in connection with a proceeding under this subsection. (c) Determination. The court shall grant the petition if the court finds that any of the following standards applies: 1. That the minor is mature and well-informed enough to make the abortion decision on her own. 2. That the performance or inducement of the abortion is in the minor’s best interests. (d) Time period. 1. The court shall make the determination under par. (c) and issue an order within 3 calendar days after the initial appearance unless the minor and her counsel, or the member of the clergy who filed the petition on behalf of the minor, if any, consent to an extension of the time period. The order shall be effective immediately. The court shall prepare and file with the clerk of court findings of fact, conclusions of law and a final order granting or denying the petition within 24 hours after making the determination and order. If the court grants the petition, the court shall immediately so notify the minor by personal service on her counsel, or the member of the clergy who filed the petition on behalf of the minor, if any, of a certified copy of the court’s order granting the petition. If the court denies the petition, the court shall immediately so notify the minor by personal service on her counsel, or the member of the clergy who filed the petition on behalf of the minor, if any, of a copy of the court’s order denying the petition and shall also notify the minor by her counsel, or the member of the clergy who filed the petition on behalf of the minor, if any, that she has a right to initiate an appeal under s. 809.105. 1m. Except as provided under s. 48.315 (1) (b), (c), (f), and (h), if the court fails to act within the applicable time period specified under subd. 1. without the prior consent of the minor and the minor’s counsel, if any, or the member of the clergy who filed the petition on behalf of the minor, if any, the minor and the minor’s counsel, if any, or the member of the clergy, if any, shall select a temporary reserve judge, as defined in s. 753.075 (1) (b), to make the determination under par. (c) and issue an order granting or denying the petition and the chief judge of the judicial administrative district in which the court is located shall assign the temporary reserve judge selected by the minor and the minor’s counsel, if any, or the member of the clergy, if any, to make the determination and issue the order. A temporary reserve judge assigned under this subdivision to make a determination under par. (c) and issue an order granting or denying a petition shall make the determination and issue the order within 2 calendar days after the assignment, unless the minor and her counsel, if any, or the member of the clergy who filed the petition on behalf of the minor, if any, consent to an extension of that time period. The order shall be effective immediately. The court shall prepare and file with the clerk of court findings of fact, conclusions of law and a final order granting or denying the petition, and shall notify the minor of the court’s order, as provided under subd. 1. 2. Counsel for the minor, or the member of the clergy who filed the petition on behalf of the minor, if any, shall immediately, upon notification under subd. 1. or 1m. that the court has granted or denied the petition, notify the minor. If the court has granted the petition, counsel for the minor, or the member of the clergy

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who filed the petition on behalf of the minor, if any, shall hand deliver a certified copy of the court order to the person who intends to perform or induce the abortion. If with reasonable diligence the person who intends to perform or induce the abortion cannot be located for delivery, then counsel for the minor, or the member of the clergy who filed the petition on behalf of the minor, if any, shall leave a certified copy of the order with the person’s agent at the person’s principal place of business. If a clinic or medical facility is specified in the petition as the corporation, limited liability company, partnership or other unincorporated association that employs the person who intends to perform or induce the abortion, then counsel for the minor, or the member of the clergy who filed the petition on behalf of the minor, if any, shall hand deliver a certified copy of the order to an agent of the corporation, limited liability company, partnership or other unincorporated association at its principal place of business. There may be no service by mail or publication. The person or agent who receives the certified copy of the order under this subdivision shall place the copy in the minor’s medical record. (e) Confidentiality. The identity of a minor who files or for whom is filed a petition under s. 48.257 and all records and other papers relating to a proceeding under this subsection shall be kept confidential except for use in a forfeiture action under s. 895.037 (2), a civil action filed under s. 895.037 (3) or a child abuse or neglect investigation under s. 48.981. (f) Certain persons barred from proceedings. No parent, or guardian or legal custodian, if one has been appointed, or foster parent, if the minor has been placed in a foster home and the minor’s parent has signed a waiver granting the department, a county department, or the foster parent the authority to consent to medical services or treatment on behalf of the minor, or adult family member, of any minor who is seeking a court determination under this subsection may attend, intervene, or give evidence in any proceeding under this subsection. (8) APPEAL. An appeal by a minor from an order of the trial court denying a petition under sub. (7) may be taken to the court of appeals as a matter of right under s. 808.03 (1) and is governed by s. 809.105. (9) ASSISTANCE TO MINORS CONCERNING PARENTAL CONSENT FOR ABORTION. If a minor who is contemplating an abortion requests assistance from a county department under s. 46.215, 46.22 or 46.23 in seeking the consent of the minor’s parent, guardian, or legal custodian, or in seeking the consent of an adult family member, for the contemplated abortion or in seeking a waiver from the circuit court, the county department shall provide assistance, including, if so requested, accompanying the minor as appropriate. History: 1991 a. 263, 315; 1993 a. 112, 230, 446; 1995 a. 77, 275, 309; 2001 a. 16, 103; 2007 a. 20 s. 892; 2007 a. 199; 2009 a. 28; 2021 a. 22, 131. Any law requiring parental consent for a minor to obtain an abortion must ensure that the parent does not have absolute, and possibly arbitrary, veto power. Bellotti v. Baird, 443 U.S. 622, 99 S. Ct. 3035, 61 L. Ed. 2d 797 (1979). The constitution does not confer a right to abortion. Therefore, a rational-basis review is the appropriate standard for a constitutional challenge to abortion laws. A law regulating abortion, like other health and welfare laws, is entitled to a strong presumption of validity. It must be sustained if there is a rational basis on which the legislature could have thought that it would serve legitimate state interests. Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215, 142 S. Ct. 2228, 213 L. Ed. 2d 545 (2022).

SUBCHAPTER VII PERMANENCY PLANNING; RECORDS 48.38 Permanency planning. (1) DEFINITIONS. In this section: (a) “Agency” means the department, a county department or a licensed child welfare agency.

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(ad) “Child” includes a person 18 years of age or over for whom a permanency plan is required under sub. (2). (ag) “Family permanency team” means the team of individuals assembled under sub. (3m) to participate in a child’s permanency planning. (am) “Independent agency” means a private, nonprofit organization, but does not include a licensed child welfare agency that is authorized to prepare permanency plans or that is assigned the primary responsibility of providing services under a permanency plan. (b) “Permanency plan” means a plan designed to ensure that a child is reunified with his or her family whenever appropriate, or that the child quickly attains a placement or home providing longterm stability. (c) “Qualified residential treatment program” means a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675. (2) PERMANENCY PLAN REQUIRED. Except as provided in sub. (3), for each child living in a foster home, group home, residential care center for children and youth, juvenile detention facility, shelter care facility, qualifying residential family-based treatment facility with a parent, or supervised independent living arrangement, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each child living in the home of a guardian, a relative other than a parent, or like-kin, that agency shall prepare a written permanency plan, if any of the conditions specified in pars. (a) to (e) exists: (a) The child is being held in physical custody under s. 48.207, 48.208 or 48.209. (b) The child is in the legal custody of the agency. (c) The child is under the supervision of an agency under s. 48.64 (2), under a consent decree under s. 48.32 (1) (b), or under a court order under s. 48.355. (d) The child was placed under a voluntary agreement between the agency and the child’s parent under s. 48.63 (1) (a) or (bm) or (5) (b) or under a voluntary transition-to-independentliving agreement under s. 48.366 (3). (e) The child is under the guardianship of the agency. (f) The child’s care would be paid for under s. 49.19 but for s. 49.19 (20), except that this paragraph does not apply to a child whose care is being paid for under s. 48.623 (1). (g) The child’s parent is placed in a foster home, group home, residential care center for children and youth, juvenile detention facility, shelter care facility, or supervised independent living arrangement and the child is residing with that parent. (2m) CONSULTATION WITH CHILD 14 OR OVER. The agency responsible for preparing the permanency plan for a child 14 years of age or over shall prepare the plan and any revisions of the plan in consultation with the child and, at the option of the child, with not more than 2 persons selected by the child who are members of any child and family team convened for the child, except that the child may not select his or her caregiver or caseworker to consult in the preparation or revision of the permanency plan and the agency may reject a person selected by the child if the agency has good cause to believe that the person would not act in the best interests of the child. The agency may designate one of the persons selected by the child to be the child’s adviser and, as necessary, the child’s advocate, with respect to application of the reasonable and prudent parent standard to decisions concerning the child’s participation in age or developmentally appropriate activities.

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(3) TIME. Subject to sub. (4m) (a), the agency shall file the permanency plan with the court within 60 days after the date on which the child was first removed from his or her home, except that if the child is held for less than 60 days in a juvenile detention facility, juvenile portion of a county jail, or a shelter care facility, no permanency plan is required if the child is returned to his or her home within that period. (3m) FAMILY PERMANENCY TEAM. If a child is placed in a qualified residential treatment program, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 (2) (b) 6g. shall invite all of the following to participate in permanency planning and may invite others at the agency’s discretion: (a) All appropriate biological family members, relatives, and like-kin of the child, as determined by the agency. Notwithstanding s. 48.02 (12c), in this paragraph, “like-kin” may include an individual who is or previously was the child’s licensed foster parent. (b) Appropriate professionals who serve as a resource for the family of the child, such as teachers, medical or mental health providers who have treated the child, or clergy. (c) Others identified by a child over the age of 14 as provided under sub. (2m). (4) CONTENTS OF PLAN. The permanency plan shall include all of the following: (ag) The name, address, and telephone number of the child’s parent, guardian, and legal custodian. (am) The date on which the child was removed from his or her home and the date on which the child was placed in out-of-home care. (ar) A description of the services offered and any services provided in an effort to prevent the removal of the child from his or her home, while assuring that the health and safety of the child are the paramount concerns, and to achieve the goal of the permanency plan, except that the permanency plan is not required to include a description of the services offered or provided with respect to a parent of the child to prevent the removal of the child from the home or to achieve the permanency goal of returning the child safely to his or her home if any of the following applies: 1. Any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies to that parent. 2. The child has attained 18 years of age. (b) The basis for the decision to hold the child in custody or to place the child outside of his or her home. (bm) A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the child and, if a decision is made not to place the child with an available relative, a statement as to why placement with the relative is not safe or appropriate. (br) 1. In this paragraph, “sibling” means a person who is a brother or sister of the child, whether by blood, marriage, or adoption, including a person who was a brother or sister of a child before the person was adopted or parental rights to the person were terminated. 2. If the child has one or more siblings who have also been removed from the home, a description of the efforts made to place the child in a placement that enables the sibling group to remain together and, if a decision is made not to place the child and his or her siblings in a joint placement, a statement as to why a joint placement would be contrary to the safety or well-being of the child or any of those siblings and a description of the efforts made to provide for frequent visitation or other ongoing interaction between the child and those siblings. If a decision is made

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not to provide for that visitation or interaction, the permanency plan shall include a statement as to why that visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. (c) The location and type of facility in which the child is currently held or placed, and the location and type of facility in which the child will be placed. (d) If the child is living more than 60 miles from his or her home, documentation that placement within 60 miles of the child’s home is either unavailable or inappropriate or documentation that placement more than 60 miles from the child’s home is in the child’s best interests. The placement of a child in a licensed foster home more than 60 miles from the child’s home is presumed to be in the best interests of the child if documentation is provided which shows all of the following: 1. That the placement is made pursuant to a voluntary agreement under s. 48.63 (1) (a). 2. That the voluntary agreement provides that the child may be placed more than 60 miles from the child’s home. 3. That the placement is made to facilitate the anticipated adoptive placement of the child under s. 48.833 or 48.837. (dg) Information about the child’s education, including all of the following: 1. The name and address of the school in which the child is or was most recently enrolled. 2. Any special education programs in which the child is or was previously enrolled. 3. The grade level in which the child is or was most recently enrolled and all information that is available concerning the child’s grade level performance. 4. A summary of all available education records relating to the child that are relevant to any education goals included in the education services plan prepared under s. 48.33 (1) (e). (dm) If as a result of the placement the child has been or will be transferred from the school in which the child is or most recently was enrolled, documentation that a placement that would maintain the child in that school is either unavailable or inappropriate or that a placement that would result in the child’s transfer to another school would be in the child’s best interests. (dr) Medical information relating to the child, including all of the following: 1. The names and addresses of the child’s physician, dentist, and any other health care provider that is or was previously providing health care services to the child. 2. The child’s immunization record, including the name and date of each immunization administered to the child. 3. Any known medical condition for which the child is receiving medical care or treatment and any known serious medical condition for which the child has previously received medical care or treatment. 4. The name, purpose, and dosage of any medication that is being administered to the child and the name of any medication that causes the child to suffer an allergic or other negative reaction. (e) A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of the child and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the child or, if available, why such services are not safe or appropriate. (em) A recommendation regarding placement with a parent in a qualifying residential family-based treatment facility. (f) A description of the services that will be provided to the

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child, the child’s family, and the child’s foster parent, the operator of the facility where the child is living, or the relative or like-kin with whom the child is living to carry out the dispositional order, including services planned to accomplish all of the following: 1. Ensure proper care and treatment of the child and promote safety and stability in the placement. 2. Meet the child’s physical, emotional, social, educational and vocational needs. 3. Improve the conditions of the parents’ home to facilitate the safe return of the child to his or her home, or, if appropriate, obtain for the child a placement for adoption, with a guardian, or with a fit and willing relative, or, in the case of a child 16 years of age or over, obtain for the child, if appropriate, a placement in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult. (fg) The goal of the permanency plan or, if the agency is engaging in concurrent planning, as defined in s. 48.355 (2b) (a), the permanency and concurrent permanency goals of the permanency plan. If a goal of the permanency plan is to place the child for adoption, with a guardian, or with a fit and willing relative, the permanency plan shall include the rationale for deciding on that goal and the efforts made to achieve that goal, including, if appropriate, through an out-of-state placement. If the agency determines under s. 48.355 (2b) (b) to engage in concurrent planning, the permanency plan shall include the rationale for that determination and a description of the concurrent plan. The agency shall determine one or more of the following goals to be the goal or goals of a child’s permanency plan: 1. Return of the child to the child’s home. 2. Placement of the child for adoption. 3. Placement of the child with a guardian. 4. Permanent placement of the child with a fit and willing relative. 5. In the case of a child 16 years of age or over, placement of the child in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult. (fm) If the agency determines that there is a compelling reason why it currently would not be in the best interests of a child 16 years of age or over to return the child to his or her home or to place the child for adoption, with a guardian, or with a fit and willing relative as the permanency goal for the child, the permanency goal of placing the child in some other planned permanent living arrangement. If the agency makes that determination, the plan shall include the efforts made to achieve that permanency goal, including, if appropriate, through an out-of-state placement, a statement of that compelling reason, and, notwithstanding that compelling reason, a concurrent plan under s. 48.355 (2b) towards achieving a goal under par. (fg) 1. to 4. as a concurrent permanency goal in addition to the permanency goal under par. (fg) 5. The plan shall also include a plan to ensure that the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities determined in accordance with the reasonable and prudent parent standard. (g) The conditions, if any, upon which the child will be returned safely to his or her home, including any changes required in the parents’ conduct, the child’s conduct or the nature of the home. (h) If the child is 14 years of age or over, a plan describing the programs and services that are or will be provided to assist the child in preparing for the transition from out-of-home care to a successful adulthood. The plan shall include all of the following: 1. The anticipated age at which the child will be discharged from out-of-home care. 2. The anticipated amount of time available in which to pre-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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pare the child for the transition from out-of-home care to a successful adulthood. 3. The anticipated location and living situation of the child on discharge from out-of-home care. 4. A description of the assessment processes, tools, and methods that have been or will be used to determine the programs and services that are or will be provided to assist the child in preparing for the transition from out-of-home care to a successful adulthood. 5. The rationale for each program or service that is or will be provided to assist the child in preparing for the transition from out-of-home care to a successful adulthood, the time frames for delivering those programs or services, and the intended outcome of those programs or services. 6. Documentation that the plan was prepared in consultation with the child and any persons selected by the child as required under sub. (2m). 7. A document that describes the rights of the child with respect to education, health, visitation, and participation in court proceedings, the right of the child to receive the documents and information specified in s. 48.385 (2), the right of the child to receive a copy of the child’s consumer report, as defined in 15 USC 1681a (d), and the right of the child to stay safe and to avoid exploitation, together with a signed acknowledgement by the child that he or she has been provided with a copy of that document and that the rights described in that document have been explained to him or her in an age-appropriate and developmentally appropriate way. (i) A statement as to whether the child’s age and developmental level are sufficient for the court to consult with the child at the permanency hearing under sub. (4m) (c) or (5m) (c) 2. or s. 48.43 (5) (b) 2. or for the court or panel to consult with the child at the permanency review under sub. (5) (bm) 2. and, if a decision is made that it would not be age appropriate or developmentally appropriate for the court or panel to consult with the child, a statement as to why consultation with the child would not be appropriate. (im) If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, all of the following: 1. The name, address, and telephone number of the Indian child’s Indian custodian and tribe. 2. A description of the remedial services and rehabilitation programs offered under s. 48.028 (4) (d) 2. in an effort to prevent the breakup of the Indian child’s family. 3. A statement as to whether the Indian child’s placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if the placement is not in compliance with that order, a statement as to whether there is good cause, as described in s. 48.028 (7) (e), for departing from that order. (j) If the child is placed in the home of a relative or other person described in s. 48.623 (1) (b) 1. who will be receiving subsidized guardianship payments, a description of all of the following: 1. The steps the agency has taken to determine that it is not appropriate for the child to be returned to his or her home or to be adopted. 2. If a decision has been made not to place the child and his or her siblings, as defined in par. (br) 1., in a joint placement, the reasons for separating the child and his or her siblings during the placement. 3. The reasons why a permanent placement with a fit and willing relative or other person described in s. 48.623 (1) (b) 1. through a subsidized guardianship arrangement is in the best in-

Updated 23-24 Wis. Stats.

terests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2). 4. The ways in which the child and the relative or other person described in s. 48.623 (1) (b) 1. meet the eligibility requirements specified in s. 48.623 (1) for the receipt of subsidized guardianship payments. 5. The efforts the agency has made to discuss adoption of the child by the relative or other person described in s. 48.623 (1) (b) 1. as a more permanent alternative to guardianship and, if that relative or other person has chosen not to pursue adoption, documentation of the reasons for not pursuing adoption. 6. The efforts the agency has made to discuss the subsidized guardianship arrangement with the child’s parents or, if those efforts were not made, documentation of the reasons for not making those efforts. (k) If the child is placed in a qualified residential treatment program, all of the following: 1. Documentation of reasonable and good faith efforts to identify and include all required individuals on the family permanency team. 2. The contact information for the members of the family permanency team. 3. Information showing that meetings of the family permanency team are held at a time and place convenient for the family to the extent possible. 4. If reunification is the child’s permanency goal, information demonstrating that the parent from whom the child was removed provided input on the members of the family permanency team or why that input was not obtained. 5. Information showing that the standardized assessment, as determined by the department, was used to determine the appropriateness of the placement in a qualified residential treatment program. 6. The placement preferences of the family permanency team, including a recognition that a child should be placed with his or her siblings 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. 7. If placement preferences of the family permanency team are not the placement recommended by the qualified individual who conducted the standardized assessment, the reasons why these preferences were not recommended. 8. The recommendations of the qualified individual who conducted the standardized assessment, including all of the following: a. Whether the recommended placement in a qualified residential treatment program is the placement that will provide the child with the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan. b. Whether and why the child’s needs can or cannot be met by the child’s family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child’s needs cannot be met in a foster home. 9. Documentation of the approval or disapproval of the placement in a qualified residential treatment program by a court, if such a determination has been made. (L) If the child is a parent or is pregnant, all of the following: 1. A list of the services or programs to be provided to or on behalf of the child to ensure that the child, if pregnant, is prepared and, if a parent, is able to be a parent.

May 22, 2026, are designated by NOTES. (Published 5-22-26)

Updated 23-24 Wis. Stats.

2. The out-of-home care prevention strategy for any child born to the parenting or pregnant child. (4m) REASONABLE EFFORTS NOT REQUIRED; PERMANENCY HEARING. (a) If in a proceeding under s. 48.21, 48.32, 48.355, 48.357, or 48.365 the court finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the child. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing. At the hearing, the court shall consider placing the child in a placement outside this state if the court determines that such a placement would be in the best interests of the child and appropriate to achieving the goal of the child’s permanency plan. (b) At least 10 days before the date of the hearing the court shall notify the child; any parent, guardian, and legal custodian of the child; any foster parent, or other physical custodian described in s. 48.62 (2) of the child, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living; and, if the child is an Indian child, the Indian child’s Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing. (c) If the child’s permanency plan includes a statement under sub. (4) (i) indicating that the child’s age and developmental level are sufficient for the court to consult with the child regarding the child’s permanency plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court to consult with the child, the court determines that consultation with the child would be in the best interests of the child, the court shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child’s permanency plan and any other matters the court finds appropriate. If none of those circumstances apply, the court may permit the child’s caseworker, the child’s counsel, or, subject to s. 48.235 (3) (a), the child’s guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the child’s wishes, goals, and concerns regarding the permanency plan and those matters. If the court permits such a written or oral statement to be made or submitted, the court may nonetheless require the child to be physically present at the hearing. (d) The court shall give a foster parent, other physical custodian described in s. 48.62 (2), operator of a facility, relative, or like-kin who is notified of a hearing under par. (b) a right to be heard at the hearing by permitting the foster parent, other physical custodian, operator, relative, or like-kin to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, other physical custodian, operator of a facility, relative, or like-kin 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. (5) PERMANENCY REVIEW. (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed under par. (ag) shall review the permanency plan for each child for whom a permanency plan is required under sub. (2) in the manner provided in this subsection not later than 6 months after the date on which the child was first removed from his or her home and every 6 months after a previous review under this subsection for as long as the child is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the child was first removed from his or her home and the reviews that are required to be conducted every 12 months after that review the court shall hold a hearing under sub. (5m) to review the perma-

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nency plan, which hearing may be instead of or in addition to the review under this subsection. The 6-month and 12-month periods referred to in this paragraph include trial reunifications under s. 48.358. (ag) If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the child or the parents of the child whose permanency plan is the subject of the review. (am) The court may appoint an independent agency to designate a panel to conduct a permanency review under par. (a). If the court in a county having a population of less than 750,000 appoints an independent agency under this paragraph, the county department of the county of the court shall authorize and contract for the purchase of services from the independent agency. If the court in a county having a population of 750,000 or more appoints an independent agency under this paragraph, the department shall authorize and contract for the purchase of services from the independent agency. (b) The court or the agency shall notify the child; the child’s parent, guardian, and legal custodian; the child’s foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they shall have a right to be heard at the review as provided in par. (bm) 1. The court or agency shall notify the person representing the interests of the public, the child’s counsel, the child’s guardian ad litem, the child’s court-appointed special advocate, and the child’s school of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review as provided in par. (bm) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child’s case record. The notice to the child’s school shall also include the name and contact information for the caseworker or social worker assigned to the child’s case. (bm) 1. A child, parent, guardian, legal custodian, foster parent, operator of a facility, relative, or like-kin who is provided notice of the review under par. (b) shall have a right to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review or by participating at the review. A person representing the interests of the public, counsel, guardian ad litem, court-appointed special advocate, or school who is provided notice of the review under par. (b) may have an opportunity to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review. A foster parent, operator of a facility, relative, or like-kin who receives notice of a review under par. (b) and a right to be heard under this subdivision does not become a party to the proceeding on which the review is held solely on the basis of receiving that notice and right to be heard. 2. If the child’s permanency plan includes a statement under sub. (4) (i) indicating that the child’s age and developmental level are sufficient for the court or panel to consult with the child regarding the child’s permanency plan or if, notwithstanding a de-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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cision under sub. (4) (i) that it would not be appropriate for the court or panel to consult with the child, the court or panel determines that consultation with the child would be in the best interests of the child, the court or panel shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child’s permanency plan and any other matters the court or panel finds appropriate. If none of those circumstances apply, the court or panel may permit the child’s caseworker, the child’s counsel, or, subject to s. 48.235 (3) (a), the child’s guardian ad litem to make a written or oral statement during the review, or to submit a written statement prior to the review, expressing the child’s wishes, goals, and concerns regarding the permanency plan and those matters. If the court or panel permits such a written or oral statement to be made or submitted, the court or panel may nonetheless require the child to be physically present at the review. 3. If the permanency goal of the child’s permanency plan is placement of the child in a planned permanent living arrangement described in sub. (4) (fg) 5., the agency that prepared the permanency plan shall present to the court or panel specific information showing that intensive and ongoing efforts were made by the agency, including searching social media, to return the child to the child’s home or to place the child for adoption, with a guardian, or with a fit and willing relative and that those efforts have proved unsuccessful and specific information showing the steps taken by the agency, including consultation with the child, to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities and to ensure that the child’s caregiver is applying the reasonable and prudent parent standard to decisions concerning the child’s participation in those activities. In addition, at the review the court or panel shall consult with the child about the permanency outcome desired by the child. 4. If the child is placed in a qualified residential treatment program, the agency that prepared the permanency plan shall submit to the court or panel specific information showing all of the following, which the court or panel shall consider when determining the continuing necessity for and the safety and appropriateness of the placement: a. Whether ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster home, whether the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, and how the placement is consistent with the short-term and long-term goals for the child, as specified in the child’s permanency plan. b. The specific treatment or service needs that will be met for the child in the placement and the length of the time the child is expected to need the treatment or services. c. The efforts made by the agency to prepare the child to return home or to be placed with a fit and willing relative, a guardian, or an adoptive parent or in a foster home. (c) The court or the panel shall determine each of the following: 1. The continuing necessity for and the safety and appropriateness of the placement, subject to par. (bm) 4. and sub. (5m) (c) 4. If the permanency goal of the child’s permanency plan is placement of the child in a planned permanent living arrangement described in sub. (4) (fg) 5., the determination under this subdivision shall include an explanation of why the planned permanent living arrangement is the best permanency goal for the child and why, supported by compelling reasons, it continues not to be in the best interests of the child to be returned to his or her

Updated 23-24 Wis. Stats.

home or to be placed for adoption, with a guardian, or with a fit and willing relative. 2. The extent of compliance with the permanency plan by the agency and any other service providers, the child’s parents, the child and the child’s guardian, if any. 3. The extent of any efforts to involve appropriate service providers in addition to the agency’s staff in planning to meet the special needs of the child and the child’s parents. 4. The progress toward eliminating the causes for the child’s placement outside of his or her home and toward returning the child safely to his or her home or obtaining a permanent placement for the child. 5. The date by which it is likely that the child will be returned to his or her home or placed for adoption, with a guardian, with a fit and willing relative, or in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult. 5m. The continuing appropriateness, according to standards established by the department, of the permanency goal and, if the court or panel considers appropriate, any concurrent permanency goals for the child. If the court or panel does not approve of any of those goals or if the court or panel determines that a concurrent permanency goal is appropriate, the court or panel shall determine the permanency goal and, if appropriate, any concurrent permanency goals for the child. 6. If the child has been placed outside of his or her home, as described in s. 48.365 (1), in a foster home, group home, residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home, the appropriateness of the permanency plan and the circumstances which prevent the child from any of the following: a. Being returned safely to his or her home. b. Having a petition for the involuntary termination of parental rights filed on behalf of the child. c. Being placed for adoption. cg. Being placed with a guardian. cm. Being placed in the home of a fit and willing relative of the child. d. Being placed in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult. 7. Whether reasonable efforts were made by the agency to achieve the permanency goal of the permanency plan, including, if appropriate, through an out-of-state placement. 7m. If the permanency goal of the child’s permanency plan is placement of the child in a planned permanent living arrangement described in sub. (4) (fg) 5., the steps taken by the agency, including consultation with the child, to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities and to ensure that the child’s caregiver is applying the reasonable and prudent parent standard to decisions concerning the child’s participation in those activities. 8. If the child has one or more siblings, as defined in sub. (4) (br) 1., who have also been removed from the home, whether reasonable efforts were made by the agency to place the child in a placement that enables the sibling group to remain together, unless the court or panel 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 or panel shall determine whether reasonable efforts were made by the agency to provide for frequent visitation or other ongoing interaction between the child

May 22, 2026, are designated by NOTES. (Published 5-22-26)

Updated 23-24 Wis. Stats.

and those siblings, unless the court or panel determines that such visitation or interaction would be contrary to the safety or wellbeing of the child or any of those siblings. 8m. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, whether active efforts under s. 48.028 (4) (d) 2. were made to prevent the breakup of the Indian child’s family, whether those efforts have proved unsuccessful, whether the Indian child’s placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), and, if the placement is not in compliance with that order, whether there is good cause, as described in s. 48.028 (7) (e), for departing from that order. 9. If the child is the subject of an order that terminates as provided in s. 48.355 (4) (b) 4., 48.357 (6) (a) 4. or 48.365 (5) (b) 4. or of a voluntary transition-to-independent-living agreement under s. 48.366 (3), the appropriateness of the transition-to-independent-living plan developed under s. 48.385 (1); the extent of compliance with that plan by the child, the child’s guardian, if any, the agency primarily responsible for providing services under that plan, and any other service providers; and the progress of the child toward making the transition to a successful adulthood. (d) Notwithstanding s. 48.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the child’s parent, guardian, and legal custodian, the person representing the interests of the public, the child’s counsel, the child’s guardian ad litem, the child’s court-appointed special advocate, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe a copy of the permanency plan, any information submitted under par. (bm) 4., and any written comments submitted under par. (bm) 1. Notwithstanding s. 48.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the child’s counsel, the child’s guardian ad litem, the child’s court-appointed special advocate, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child’s records under this paragraph may not disclose any information from the records to any other person. (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order; the child or the child’s counsel or guardian ad litem; the person representing the interests of the public; the child’s parent, guardian, or legal custodian; the child’s court-appointed special advocate; the child’s foster parent, the operator of the facility where the child is living, or the relative or like-kin with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe. (f) If the summary prepared under par. (e) indicates that the review panel made recommendations that conflict with the child’s dispositional order or that provide for additional services not specified in the dispositional order, the agency primarily responsible for providing services to the child shall request a revision of the dispositional order. (5m) PERMANENCY HEARING. (a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in sub. (5) (c) for each child for whom a permanency plan is required under sub. (2) no later than 12 months after the date on which the child was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the child is placed outside the home. The 12-

CHILDREN’S CODE

48.38

month periods referred to in this paragraph include trial reunifications under s. 48.358. (b) The court shall notify the child; the child’s parent, guardian, and legal custodian; and the child’s foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par. (c) 1. The court shall notify the child’s counsel, the child’s guardian ad litem, and the child’s court-appointed special advocate; the agency that prepared the permanency plan; the child’s school; the person representing the interests of the public; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par. (c) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the hearing. The notice to the child’s school shall also include the name and contact information for the caseworker or social worker assigned to the child’s case. (c) 1. A child, parent, guardian, legal custodian, foster parent, operator of a facility, relative, or like-kin who is provided notice of the hearing under par. (b) shall have a right to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A counsel, guardian ad litem, court-appointed special advocate, agency, school, or person representing the interests of the public who is provided notice of the hearing under par. (b) may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, operator of a facility, relative, or like-kin who receives notice of a hearing under par. (b) and a right to be heard under this subdivision 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. 2. If the child’s permanency plan includes a statement under sub. (4) (i) indicating that the child’s age and developmental level are sufficient for the court to consult with the child regarding the child’s permanency plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court to consult with the child, the court determines that consultation with the child would be in the best interests of the child, the court shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child’s permanency plan and any other matters the court finds appropriate. If none of those circumstances apply, the court may permit the child’s caseworker, the child’s counsel, or, subject to s. 48.235 (3) (a), the child’s guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the child’s wishes, goals, and concerns regarding the permanency plan and those matters. If the court permits such a written or oral statement to be made or submitted, the court may nonetheless require the child to be physically present at the hearing. 3. If the permanency goal of the child’s permanency plan is placement of the child in a planned permanent living arrangement described in sub. (4) (fg) 5., the agency that prepared the permanency plan shall present to the court specific information showing that intensive and ongoing efforts were made by the agency, including searching social media, to return the child to the child’s home or to place the child for adoption, with a guardian, or with a fit and willing relative and that those efforts

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have proved unsuccessful and specific information showing the steps taken by the agency, including consultation with the child, to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities and to ensure that the child’s caregiver is applying the reasonable and prudent parent standard to decisions concerning the child’s participation in those activities. In addition, at the hearing the court shall consult with the child about the permanency outcome desired by the child. 4. If the child is placed in a qualified residential treatment program, the agency that prepared the permanency plan shall present to the court specific information showing all of the following, which the court shall consider when determining the continuing necessity for and the safety and appropriateness of the placement under sub. (5) (c) 1.: a. Whether ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster home, whether the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, and how the placement is consistent with the short-term and long-term goals for the child, as specified in the child’s permanency plan. b. The specific treatment or service needs that will be met for the child in the placement and the length of the time the child is expected to need the treatment or services. c. The efforts made by the agency to prepare the child to return home or to be placed with a fit and willing relative, a guardian, or an adoptive parent or in a foster home. (d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan, any information submitted under par. (c) 4., and any written comments submitted under par. (c) 1. to the court, to the child’s parent, guardian, and legal custodian, to the person representing the interests of the public, to the child’s counsel or guardian ad litem, to the child’s court-appointed special advocate, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, to the Indian child’s Indian custodian and tribe. Notwithstanding s. 48.78 (2) (a), the person representing the interests of the public, the child’s counsel or guardian ad litem, the child’s court-appointed special advocate, and, if the child is an Indian child who is placed outside of the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child’s records under this paragraph may not disclose any information from the records to any other person. (e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the child; the child’s parent, guardian, and legal custodian; the child’s foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living; the child’s court-appointed special advocate; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe. The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the find-

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ings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph. (f) If the findings of fact and conclusions of law under par. (e) conflict with the child’s dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under s. 48.363, order a change in placement under s. 48.357, or order a trial reunification under s. 48.358, as appropriate. (6) RULES. The department shall promulgate rules establishing the following: (a) Procedures for conducting permanency reviews. (b) Requirements for training review panels. (c) Standards for reasonable efforts to prevent placement of children outside of their homes, while assuring that their health and safety are the paramount concerns, and to make it possible for children to return safely to their homes if they have been placed outside of their homes. (d) The format for permanency plans and review panel reports. (e) Standards and guidelines for decisions regarding the placement of children. History: 1983 a. 399; 1985 a. 70 ss. 1, 10; 1985 a. 176; 1985 a. 292 s. 3; 1985 a. 332; 1987 a. 383; 1989 a. 31, 86, 107; 1993 a. 377, 385, 395, 446, 491; 1995 a. 27 ss. 2474 to 2478, 9126 (19); 1995 a. 77, 143, 275; 1997 a. 27, 35, 104, 237; 1999 a. 149; 2001 a. 2, 59, 69, 109; 2005 a. 344, 448; 2007 a. 20; 2009 a. 28, 79, 94, 185; 2011 a. 32, 181, 258; 2011 a. 260 ss. 80, 81; 2013 a. 165; 2013 a. 168 s. 21; 2013 a. 334, 335; 2015 a. 55, 128, 172, 373; 2017 a. 251; 2019 a. 9; 2021 a. 42; 2021 a. 240 s. 30; 2023 a. 119. NOTE: 1993 Wis. Act 395, which affected subs. (5) and (5m), contains extensive explanatory notes. The time limits in sub. (3) are not a prerequisite to trial court jurisdiction. Thomas Y. v. St. Croix County, 175 Wis. 2d 222, 499 N.W.2d 218 (Ct. App. 1993).

48.383 Reasonable and prudent parent standard. (1) USE OF STANDARD BY OUT-OF-HOME CARE PROVIDERS. An outof-home care provider shall use the reasonable and prudent parent standard in making decisions concerning a child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. In making decisions using the reasonable and prudent parent standard, an out-of-home care provider shall consider the restrictiveness of the child’s placement and whether the child has the necessary training and safety equipment to safely participate in the activity under consideration and may not make any decision that is in violation of any court order or any state or federal law, rule, or regulation. (2) CHILD-SPECIFIC CONSIDERATIONS REQUIRED. (a) At the time of placement of a child with an out-of-home care provider, the agency that places, or that arranges the placement of, the child or the agency assigned primary responsibility for providing services to the child under s. 48.355 (2) (b) 6g. shall provide to the out-of-home care provider the information that is required to be provided to an out-of-home care provider under the rules promulgated under s. 895.485 (4) (a) and information that is specific to the child for the out-of-home care provider to consider in making reasonable and prudent parenting decisions concerning the child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. In preparing that information or any revisions of that information, the agency shall do all of the following: 1. If reasonably possible to do so, consult with the child’s parent concerning the child’s participation in extracurricular, enrichment, cultural, and social activities and the child’s cultural, religious, and tribal values and advise the parent that those values will be considered, but will not necessarily be the determining factor, in making decisions concerning the child’s participation in those activities.

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2. Consult with the child in an age-appropriate manner about the opportunities of the child to participate in age or developmentally appropriate activities. (b) At the time of placement of a child with an out-of-home care provider, the agency providing the information under par. (a) shall explain to the out-of-home care provider the parameters of the considerations that the out-of-home care provider is required to take into account when making decisions concerning the child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. In explaining those parameters, the agency shall explain the considerations and prohibitions specified in sub. (1) and shall advise the out-of-home care provider that in case of any disagreement over the application of the reasonable and prudent parent standard, the agency having placement and care responsibility for the child is ultimately responsible for decisions concerning the care of the child. (c) In preparing or revising the permanency plan for a child, the agency responsible for preparing or revising the permanency plan shall consult with the child and the child’s parent as provided in par. (a) 1. and 2. At the time the permanency plan is prepared and each time the permanency plan is revised, that agency shall explain to the out-of-home care provider the parameters of the considerations that the out-of-home care provider is required to take into account when making decisions concerning the child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities as provided in par. (b). (3) RULES. The department shall promulgate rules to implement this section. History: 2015 a. 128.

48.385 Plan for transition to independent living. During the 90 days immediately before a child who is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, or in a supervised independent living arrangement attains 18 years of age or, if the child is placed in such a placement under an order under s. 48.355, 48.357, or 48.365 that terminates under s. 48.355 (4) (b) after the child attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) that terminates under s. 48.366 (3) (a) after the child attains 18 years of age, during the 90 days immediately before the termination of the order or agreement, the agency primarily responsible for providing services to the child under the order or agreement shall do all of the following: (1) TRANSITION PLAN. Provide the child with assistance and support in developing a plan for making the transition from outof-home care to independent living. The transition plan shall be personalized at the direction of the child, shall be as detailed as the child directs, and shall include specific options for obtaining housing, health care, education, mentoring and continuing support services, and workforce support and employment services. (2) IDENTIFICATION DOCUMENTS AND OTHER INFORMATION. Except as provided in this subsection, ensure that the child is in possession of a certified copy of the child’s birth record, a social security card issued by the federal social security administration, information on maintaining health care coverage, a copy of the child’s health care records, and either an operator’s license issued under ch. 343 or an identification card issued under s. 343.50. If the child is not in possession of any of those documents or that information, the agency shall assist the child in obtaining any missing document or information. This subsection does not apply to a

CHILDREN’S CODE

48.396

child who has been placed in out-of-home care for less than 6 months. History: 2009 a. 79; 2011 a. 32; 2013 a. 334; 2015 a. 55, 128; 2017 a. 334; 2023 a. 119.

48.396 Records. (1) Law enforcement officers’ records of children shall be kept separate from records of adults. Law enforcement officers’ records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers’ records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (5), or (6) or s. 48.293, 250.22, or 938.396 (2m) (c) 1p. or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or adult expectant mother involved, to the confidential exchange of information between the police and officials of the public or private school attended by the child or other law enforcement or social welfare agencies, or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125, and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. This subsection does not apply to the confidential exchange of information between the police and officials of the tribal school attended by the child if the police determine that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1) (a). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78. NOTE: Sub. (1) is shown as amended eff. 5-1-27 by 2025 Wis. Act 148. Prior to 5-1-27 it reads: (1) Law enforcement officers’ records of children shall be kept separate from records of adults. Law enforcement officers’ records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers’ records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (5), or (6) or s. 48.293 or 938.396 (2m) (c) 1p. or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or adult expectant mother involved, to the confidential exchange of information between the police and officials of the public or private school attended by the child or other law enforcement or social welfare agencies, or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125, and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. This subsection does not apply to the confidential exchange of information between the police and officials of the tribal school attended by the child if the police determine that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1) (a). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

(1b) If requested by the parent, guardian, or legal custodian of a child who is the subject of a law enforcement officer’s report, or if requested by the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian, or child a copy of that re-

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port. If requested by the parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of a law enforcement officer’s report, if requested by an expectant mother of an unborn child who is the subject of a law enforcement officer’s report, if 14 years of age or over, or if requested by an unborn child’s guardian ad litem, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian, expectant mother or unborn child’s guardian ad litem a copy of that report. (1d) Upon the written permission of the parent, guardian, or legal custodian of a child who is the subject of a law enforcement officer’s report or upon the written permission of the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian or child in the written permission. Upon the written permission of the parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of a law enforcement officer’s report, or of an expectant mother of an unborn child who is the subject of a law enforcement officer’s report, if 14 years of age or over, and of the unborn child’s guardian ad litem, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian or expectant mother, and unborn child’s guardian ad litem in the written permission. (2) (a) Records of the court assigned to exercise jurisdiction under this chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be entered in books or deposited in files kept for that purpose only. Those records shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and ch. 938 or as required or permitted under this subsection, sub. (3) (b) or (c) 1g., 1m., or 1r. or (6), or s. 48.375 (7) (e) or 250.22. NOTE: Par. (a) is shown as amended eff. 5-1-27 by 2025 Wis. Act 148. Prior to 5-1-27 it reads: (a) Records of the court assigned to exercise jurisdiction under this chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be entered in books or deposited in files kept for that purpose only. Those records shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and ch. 938 or as required or permitted under this subsection, sub. (3) (b) or (c) 1g., 1m., or 1r. or (6), or s. 48.375 (7) (e).

(ad) The provisions of ss. 801.19 to 801.21 are applicable in court proceedings under this chapter and ch. 938. (ag) Upon request of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), or upon request of the child, if 14 years of age or over, the court shall open for inspection by the parent, guardian, legal custodian or child the records of the court relating to that child, unless the court finds, after due notice and hearing, that inspection of those records by the parent, guardian, legal custodian or child would result in imminent danger to anyone. (aj) Upon request of the parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of a record of a court specified in par. (a), upon request of an expectant mother of an unborn child who is the subject of a record of a court specified in par. (a), if 14 years of age or over, or upon request of an unborn child’s guardian ad litem, the court shall open for inspection by the parent, guardian, legal custodian, expectant mother, or unborn child’s guardian ad litem the records of the court relating to that expectant mother, unless the court finds, after due notice and hearing, that inspection of those records by the parent, guardian, legal custodian, expectant mother, or unborn child’s guardian ad litem would result in imminent danger to anyone. (am) Upon the written permission of the parent, guardian or

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legal custodian of a child who is the subject of a record of a court specified in par. (a), or upon the written permission of the child, if 14 years of age or over, the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian or child in the written permission, unless the court finds, after due notice and hearing, that inspection of those records by the person named in the permission would result in imminent danger to anyone. (ap) Upon the written permission of the parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of a record of a court specified in par. (a), or of an expectant mother of an unborn child who is the subject of a record of a court specified in par. (a), if 14 years of age or over, and of the unborn child’s guardian ad litem, the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian, or expectant mother, and unborn child’s guardian ad litem in the written permission, unless the court finds, after due notice and hearing, that inspection of those records by the person named in the permission would result in imminent danger to anyone. (b) 1. Upon request of the department or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under 45 CFR 1355, 1356, and 1357, the court shall open those records for inspection and copying by authorized representatives of the department or federal agency. Those representatives shall keep those records confidential and may use and further disclose those records only for the purpose for which those records were requested. 2. Upon request of an entity engaged in the bona fide research, monitoring, or evaluation of activities conducted under 42 USC 629h, as determined by the director of state courts, to review court records for the purpose of that research, monitoring, or evaluation, the court shall open those records for inspection and copying by authorized representatives of that entity. Those representatives shall keep those records confidential and may use and further disclose those records only for the purpose for which those records were requested. The director of state courts may use the circuit court automated information system under s. 758.19 (4) to facilitate the transfer of electronic records between the court and that entity. (dm) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party’s attorney or the guardian ad litem for the child who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity under s. 891.405, 891.407, or 891.41 (1), the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records. (dr) Upon request of the department of corrections or any other person preparing a presentence investigation under s. 972.15 to review court records for the purpose of preparing the presentence investigation, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any child who has been the subject of a proceeding under this chapter. (e) Upon request of a court of criminal jurisdiction to review court records for the purpose of conducting or preparing for a proceeding in that court or upon request of a district attorney to review court records for the purpose of performing his or her offi-

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cial duties in a proceeding in a court of criminal jurisdiction, the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by authorized representatives of the requester the records of the court relating to any child who has been the subject of a proceeding under this chapter. (g) Upon request of any court assigned to exercise jurisdiction under this chapter and ch. 938, any municipal court exercising jurisdiction under s. 938.17 (2), or a district attorney, corporation counsel, or city, village, or town attorney to review court records for the purpose of any proceeding in that court or upon request of the attorney or guardian ad litem for a party to a proceeding in that court to review court records for the purpose of that proceeding, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any child who has been the subject of a proceeding under this chapter. (h) Upon request of the court having jurisdiction over an action affecting the family or of an attorney for a party or a guardian ad litem in an action affecting the family to review court records for the purpose of considering the custody of a child, the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by an authorized representative of the requester the records of the court relating to any child who has been the subject of a proceeding under this chapter. (3) (a) In this subsection, “court” means the court assigned to exercise jurisdiction under this chapter and ch. 938. (b) 1. The court shall make information relating to proceedings under this chapter that is contained in the electronic records of the court available to any other court assigned to exercise jurisdiction under this chapter and ch. 938, a municipal court exercising jurisdiction under s. 938.17 (2), a court of criminal jurisdiction, a person representing the interests of the public under s. 48.09 or 938.09, an attorney or guardian ad litem for a parent or child who is a party to a proceeding in a court assigned to exercise jurisdiction under this chapter or ch. 938 or a municipal court, a district attorney prosecuting a criminal case, the department, or a county department under s. 46.215, 46.22, or 46.23, regardless of whether the person to whom the information is transferred is a party to or is otherwise involved in the proceedings in which the electronic records containing that information were created. The director of state courts may use the circuit court automated information systems established under s. 758.19 (4) to make information contained in the electronic records of the court available as provided in this subdivision. 2. Subdivision 1. does not authorize disclosure of any information relating to the physical or mental health of an individual or that deals with any other sensitive personal matter of an individual, including information contained in a patient health care record, as defined in s. 146.81 (4), a treatment record, as defined in s. 51.30 (1) (b), the record of a proceeding under s. 48.135, a report resulting from an examination or assessment under s. 48.295, a court report under s. 48.33, or a permanency plan under s. 48.38, except with the informed consent of a person authorized to consent to that disclosure, by order of the court, or as otherwise permitted by law. (bm) The department may transfer to the court information contained in the electronic records of the department that are maintained in the statewide automated child welfare information system under s. 48.47 (7g). The director of state courts may use the circuit court automated information systems established under s. 758.19 (4) to facilitate the transfer of those electronic records from the department to the court. The director of state courts and the department shall specify what types of information may be transferred from the department to the court under this paragraph and made available by the court to the department under par. (b) 1.

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(c) 1g. A court assigned to exercise jurisdiction under this chapter and ch. 938, a municipal court exercising jurisdiction under s. 938.17 (2), or a court of criminal jurisdiction shall keep any information made available to that court under par. (b) 1. confidential and may use or allow access to that information only for the purpose of conducting or preparing for a proceeding in that court. That court may allow that access regardless of whether the person who is allowed that access is a party to or is otherwise involved in the proceedings in which the electronic records containing that information were created. 1m. A person representing the interests of the public under s. 48.09 or 938.09, an attorney or guardian ad litem for a parent or child who is a party to a proceeding in a court assigned to exercise jurisdiction under this chapter or ch. 938 or a municipal court, or a district attorney prosecuting a criminal case shall keep any information made available to that person under par. (b) 1. confidential and may use or allow access to that information only for the purpose of performing his or her official duties relating to a proceeding in a court assigned to exercise jurisdiction under this chapter and ch. 938, a municipal court, or a court of criminal jurisdiction. That person may allow that access regardless of whether the person who is allowed that access is a party to or is otherwise involved in the proceedings in which the electronic records containing that information were created. 1r. The department or a county department under s. 46.215, 46.22, or 46.23 shall keep any information made available to the department or that county department under par. (b) 1. confidential and may use or allow access to that information only for the purpose of providing services under s. 48.06, 48.067, 48.069, 938.06, 938.067, or 938.069. The department or that county department may allow that access regardless of whether the person who is allowed that access is a party to or is otherwise involved in the proceedings in which the electronic records containing that information were created. 2. The court or the director of state courts may allow access to any information transferred to the court under par. (bm) only to the extent that the information may be disclosed under this chapter or ch. 938. 3. An individual who is allowed under subd. 1g., 1m., 1r., or 2. to have access to any information transferred or made available under par. (b) 1. or (bm) shall keep the information confidential and may use and further disclose the information only for the purposes described in subd. 1g., 1m., or 1r. or to the extent permitted under subd. 2. (d) Any person who intentionally uses or discloses information in violation of par. (c) may be required to forfeit not more than $5,000. (5) (a) Any person who is denied access to a record under sub. (1), (1b), (1d), or (6) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following: 1. The type of information sought. 2. The reason the information is being sought. 3. The basis for the petitioner’s belief that the information is contained in the records. 4. The relevance of the information sought to the petitioner’s reason for seeking the information. 5. The petitioner’s efforts to obtain the information from other sources. (b) The court shall notify the child, the child’s counsel, the child’s parents, appropriate law enforcement agencies, and, if the child is an expectant mother of an unborn child under s. 48.133, the unborn child’s guardian ad litem, or shall notify the adult expectant mother, the unborn child’s guardian ad litem, and appro-

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priate law enforcement agencies, in writing of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence relating to the petitioner’s need for the disclosure. (c) The court shall make an inspection, which may be in camera, of the records of the child or expectant mother. If the court determines that the information sought is for good cause and that it cannot be obtained with reasonable effort from other sources, the court shall then determine whether the petitioner’s need for the information outweighs society’s interest in protecting its confidentiality. In making that determination, the court shall balance the interest of the petitioner in obtaining access to the record against the interest of the child or expectant mother in avoiding the stigma that might result from disclosure. (d) If the court determines that disclosure is warranted, it shall order the disclosure of only as much information as is necessary to meet the petitioner’s need for the information. (e) The court shall record the reasons for its decision to disclose or not to disclose the records of the child or expectant mother. All records related to a decision under this subsection are confidential. (6) Records of law enforcement officers and of the court assigned to exercise jurisdiction under this chapter and ch. 938 shall be open for inspection to authorized representatives of the department of corrections, the department of health services, the department of justice, or a district attorney for use in the prosecution of any proceeding or any evaluation conducted under ch. 980, if the records involve or relate to an individual who is the subject of the proceeding or evaluation. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this subsection. Any representative of the department of corrections, the department of health services, the department of justice, or a district attorney may disclose information obtained under this subsection for any purpose consistent with any proceeding under ch. 980. History: 1971 c. 278; 1977 c. 354 s. 47; 1977 c. 449; Stats. 1977 s. 48.396; 1979 c. 300; 1979 c. 333 s. 5; 1983 a. 74 s. 32; 1983 a. 487, 538; 1985 a. 311, 332; 1987 a. 27, 180, 403; 1989 a. 31, 107, 145; 1991 a. 39, 263; 1993 a. 98, 195, 228, 334, 479, 491; 1995 a. 27 ss. 2479 to 2480m, 9126 (19); 1995 a. 77, 173, 275, 352, 440, 448; 1997 a. 35, 80, 191, 205, 252, 292; 1999 a. 32, 89; 2003 a. 82; 2005 a. 344, 434; 2005 a. 443 s. 265; 2007 a. 20 s. 9121 (6) (a); 2007 a. 97; 2009 a. 302, 338; 2011 a. 270; 2013 a. 168, 170, 252; Sup. Ct. Order No. 14-04, 2015 WI 89, 364 Wis. 2d xv; 2015 a. 144; 2019 a. 95; 2025 a. 148. In the interest of fostering fair and efficient administration of justice, a circuit court has the power to order disclosure of police records. State ex rel. Herget v. Circuit Court, 84 Wis. 2d 435, 267 N.W.2d 309 (1978). Section 967.06 gives the public defender the right to receive juvenile records of indigent clients notwithstanding sub. (2). S.M.O. v. Resheske, 110 Wis. 2d 447, 329 N.W.2d 275 (Ct. App. 1982). In determining whether to release juvenile court records, the child’s best interests are paramount. The child’s interests must be weighed against the need of the party seeking the information. The child whose confidentiality interests are at stake must be represented. State v. Bellows, 218 Wis. 2d 614, 582 N.W.2d 53 (Ct. App. 1998), 97-0977. The juvenile court must make a threshold relevancy determination by an in camera review when confronted with: 1) a discovery request under s. 48.293 (2); 2) an inspection request of juvenile records under sub. (2) and s. 938.396 (2); or 3) an inspection request of agency records under ss. 48.78 (2) (a) and 938.78 (2) (a). The test for permissible discovery is whether the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Courtney F. v. Ramiro M.C., 2004 WI App 36, 269 Wis. 2d 709, 676 N.W.2d 545, 03-3018. Juvenile officers are not required to provide information concerning juveniles to school officials. A school does not violate sub. (1) by using information obtained from an officer to take disciplinary actions against a student as long as the school does not reveal the reason for its action. 69 Atty. Gen. 179. A sheriff’s department may, when evaluating an individual for an employment position, consider information in its possession concerning the individual’s juvenile record. 67 Atty. Gen. 327 is overruled. 79 Atty. Gen. 89. Corporation counsel may not have access to juvenile cases through the court system’s electronic case management system until such time as the system can be programmed to provide for access only to individual files when access is permitted under this section. The statutes cannot be interpreted to provide corporation counsel unlimited access to juvenile records through the electronic case management system when the general rule is confidentiality and disclosure is the exception granted only after a fact-specific, case-by-case analysis. OAG 7-10.

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SUBCHAPTER VIII TERMINATION OF PARENTAL RIGHTS 48.40 Definitions. In this subchapter: (1) Except as otherwise provided, “agency” means the department, a county department or a licensed child welfare agency. (1m) “Kinship care provider” means a person receiving payments under s. 48.57 (3m) (am) for providing care and maintenance for a child. (1r) “Parent” has the meaning given in s. 48.02 (13), except that for purposes of filing a petition seeking the involuntary termination of parental rights under s. 48.415 to a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity has not been established, of finding grounds under s. 48.415 for the involuntary termination of parental rights to such a child, and of terminating the parental rights to such a child on a ground specified in s. 48.415, “parent” includes a person who may be the parent of such a child. (2) “Termination of parental rights” means that, pursuant to a court order, all rights, powers, privileges, immunities, duties and obligations existing between parent and child are permanently severed. History: 1979 c. 330; 1985 a. 176; 1995 a. 289; 2005 a. 293; 2007 a. 96; 2023 a. 119. Terminating Parental Rights. Hayes & Ogorchok. Wis. Law. June 1989.

48.41 Voluntary consent to termination of parental rights. (1) The court may terminate the parental rights of a parent after the parent has given his or her consent as specified in this section. When such voluntary consent is given as provided in this section, the judge may proceed immediately to a disposition of the matter after considering the standard and factors specified in s. 48.426. (2) The court may accept a voluntary consent to termination of parental rights only as follows: (a) The parent appears personally at the hearing and gives his or her consent to the termination of his or her parental rights. The judge may accept the consent only after the judge has explained the effect of termination of parental rights and has questioned the parent, or has permitted an attorney who represents any of the parties to question the parent, and is satisfied that the consent is informed and voluntary. (b) If the court finds that it would be difficult or impossible for the parent to appear in person at the hearing, the court may do any of the following: 1. Accept the written consent of the parent given before an embassy or consul official, a military judge, or a judge of any court of record in another county or state or a foreign jurisdiction. This written consent shall be accompanied by the signed findings of the embassy or consul official or judge who accepted the parent’s consent. These findings shall recite that the embassy or consul official or judge or an attorney who represents any of the parties questioned the parent and found that the consent was informed and voluntary before the embassy or consul official or judge accepted the consent of the parent. 2. On request of the parent, unless good cause to the contrary is shown, admit testimony on the record by telephone or live audiovisual means as prescribed in s. 807.13 (2). (c) A person who may be, but who has not been adjudicated as, the father of a nonmarital child may consent to the termination of any parental rights that he may have as provided in par. (a) or (b) or by signing a written, notarized statement which recites that he has been informed of and understands the effect of an order to terminate parental rights and that he voluntarily disclaims any

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rights that he may have to the child, including the right to notice of proceedings under this subchapter. (d) If the proceeding to terminate parental rights is held prior to an adoption proceeding in which the petitioner is the child’s stepparent, or in which the child’s birth parent is a resident of a foreign jurisdiction, the child’s birth parent may consent to the termination of any parental rights that he or she may have as provided in par. (a) or (b) or by filing with the court an affidavit witnessed by 2 persons stating that he or she has been informed of and understands the effect of an order to terminate parental rights and that he or she voluntarily disclaims all rights to the child, including the right to notice of proceedings under this subchapter. (e) In the case of an Indian child, the consent is given as provided in s. 48.028 (5) (b). (3) If in any proceeding to terminate parental rights voluntarily a guardian ad litem has reason to doubt the capacity of a parent to give informed and voluntary consent to the termination, he or she shall so inform the court. The court shall then inquire into the capacity of that parent in any appropriate way and shall make a finding as to whether or not the parent is capable of giving informed and voluntary consent to the termination. If the court finds that the parent is incapable of knowingly and voluntarily consenting to the termination of parental rights, it shall dismiss the proceedings without prejudice. That dismissal shall not preclude an involuntary termination of the parent’s rights under s. 48.415. History: 1979 c. 330; 1981 c. 384; 1983 a. 352, 447; 1987 a. 383; Sup. Ct. Order, 151 Wis. 2d xxv (1989); 1999 a. 83; 2005 a. 293; 2009 a. 94. Judicial Council Note, 1990: Sub. (3) is repealed and recreated because the socalled substituted judgment permitted therein is bad public policy. New sub. (3) deals with the situation in which there is reason to doubt the competency of a parent who wishes to consent to the termination of his or her parental rights. Any party or guardian ad litem with reason to doubt such competency is required to so inform the court. The court must then make an inquiry in whatever way is appropriate. This may mean a simple discussion with the person, an examination, the appointment of experts to examine the person, a hearing or whatever seems proper in the discretion of the court. If the court finds the person incapable of making an informed and voluntary termination of parental rights, the court must dismiss the proceeding. If appropriate, an involuntary proceeding may then be commenced. A finding that the parent is competent does not obviate the need for a record that he or she has in fact given informed and voluntary consent prior to entry of a termination order. In Interest of D.L.S., 112 Wis. 2d 180, 196-97 (1983). [Re Order effective Jan. 1, 1990] Setting forth the minimum information that must be found on the record to support a finding that a minor parent’s consent is voluntary and informed. T.M.F. v. Children’s Service Society of Wisconsin, 112 Wis. 2d 180, 332 N.W.2d 293 (1983). 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 this section for a voluntary TPR because the biological mother would not consent to the TPR and there was no legal basis for involuntary TPR. The TPR provisions were severable. Rosecky v. Schissel, 2013 WI 66, 349 Wis. 2d 84, 833 N.W.2d 634, 11-2166. A voluntary termination of parental rights must in fact be voluntary. However, that does not mean that any agreement requiring a parent to voluntarily terminate the parent’s parental rights is necessarily a contradiction in terms, or that a parent’s decision to terminate the parent’s parental rights cannot be voluntary if the parent agreed to do so as part of a nonprosecution agreement. State v. Rippentrop, 2023 WI App 15, 406 Wis. 2d 692, 987 N.W.2d 801, 22-0092.

48.415 Grounds for involuntary termination of parental rights. At the fact-finding hearing the court or jury shall determine whether grounds exist for the termination of parental rights. If the child is an Indian child, the court or jury shall also determine at the fact-finding hearing whether continued custody of the Indian child by the Indian child’s parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child under s. 48.028 (4) (e) 1. and whether active efforts under s. 48.028 (4) (e) 2. have been made to prevent the breakup of the Indian child’s family and whether those efforts have proved unsuccessful, unless partial summary judgment on the grounds for termination of parental rights is granted, in which case the court shall make those determinations at the disposi-

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tional hearing. Grounds for termination of parental rights shall be one of the following: (1) ABANDONMENT. (a) Abandonment, which, subject to par. (c), shall be established by proving any of the following: 1. That the child has been left without provision for the child’s care or support, the petitioner has investigated the circumstances surrounding the matter and for 60 days the petitioner has been unable to find either parent. 1m. That the child has been left by the parent without provision for the child’s care or support in a place or manner that exposes the child to substantial risk of great bodily harm, as defined in s. 939.22 (14), or death. 1r. That a court of competent jurisdiction has found under s. 48.13 (2) or under a law of any other state or a federal law that is comparable to s. 48.13 (2) that the child was abandoned when the child was under one year of age or has found that the parent abandoned the child when the child was under one year of age in violation of s. 948.20 or in violation of the law of any other state or federal law, if that violation would be a violation of s. 948.20 if committed in this state. 2. That the child has been placed, or continued in a placement, outside the parent’s home by a court order containing the notice required by s. 48.356 (2) or 938.356 (2) and the parent has failed to visit or communicate with the child for a period of 3 months or longer. 3. The child has been left by the parent with any person, the parent knows or could discover the whereabouts of the child and the parent has failed to visit or communicate with the child for a period of 6 months or longer. (b) Incidental contact between parent and child shall not preclude the court from finding that the parent has failed to visit or communicate with the child under par. (a) 2. or 3. The time periods under par. (a) 2. or 3. shall not include any periods during which the parent has been prohibited by judicial order from visiting or communicating with the child. (c) Abandonment is not established under par. (a) 2. or 3. if the parent proves all of the following by a preponderance of the evidence: 1. That the parent had good cause for having failed to visit with the child throughout the time period specified in par. (a) 2. or 3., whichever is applicable. 2. That the parent had good cause for having failed to communicate with the child throughout the time period specified in par. (a) 2. or 3., whichever is applicable. 3. If the parent proves good cause under subd. 2., including good cause based on evidence that the child’s age or condition would have rendered any communication with the child meaningless, that one of the following occurred: a. The parent communicated about the child with the person or persons who had physical custody of the child during the time period specified in par. (a) 2. or 3., whichever is applicable, or, if par. (a) 2. is applicable, with the agency responsible for the care of the child during the time period specified in par. (a) 2. b. The parent had good cause for having failed to communicate about the child with the person or persons who had physical custody of the child or the agency responsible for the care of the child throughout the time period specified in par. (a) 2. or 3., whichever is applicable. (1m) RELINQUISHMENT. Relinquishment, which shall be established by proving that a court of competent jurisdiction has found under s. 48.13 (2m) that the parent has relinquished custody of the child under s. 48.195 (1m) when the child was 30 days old or younger. (2) CONTINUING NEED OF PROTECTION OR SERVICES. Contin-

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uing need of protection or services, which shall be established by proving any of the following: (a) 1. That the child has been adjudged to be a child or an unborn child in need of protection or services and placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s. 48.345, 48.347, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363 or 938.365 containing the notice required by s. 48.356 (2) or 938.356 (2). 2. a. In this subdivision, “reasonable effort” means an earnest and conscientious effort to take good faith steps to provide the services ordered by the court which takes into consideration the characteristics of the parent or child or of the expectant mother or child, the level of cooperation of the parent or expectant mother and other relevant circumstances of the case. b. That the agency responsible for the care of the child and the family or of the unborn child and expectant mother has made a reasonable effort to provide the services ordered by the court. 3. That the child has been placed outside the home for a cumulative total period of 6 months or longer pursuant to an order listed under subd. 1., not including time spent outside the home as an unborn child; that the parent has failed to meet the conditions established for the safe return of the child to the home; and, if the child has been placed outside the home for less than 15 of the most recent 22 months, that there is a substantial likelihood that the parent will not meet these conditions as of the date on which the child will have been placed outside the home for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home. (am) 1. That on 3 or more occasions the child has been adjudicated to be in need of protection or services under s. 48.13 (3), (3m), (10) or (10m) and, in connection with each of those adjudications, has been placed outside his or her home pursuant to a court order under s. 48.345 containing the notice required by s. 48.356 (2). 2. That the conditions that led to the child’s placement outside his or her home under each order specified in subd. 1. were caused by the parent. (3) CONTINUING PARENTAL DISABILITY. Continuing parental disability, which shall be established by proving that: (a) The parent is presently, and for a cumulative total period of at least 2 years within the 5 years immediately prior to the filing of the petition has been, an inpatient at one or more hospitals as defined in s. 50.33 (2) (a), (b) or (c), licensed treatment facilities as defined in s. 51.01 (2) or state treatment facilities as defined in s. 51.01 (15) on account of mental illness as defined in s. 51.01 (13) (a) or (b), developmental disability as defined in s. 55.01 (2), or other like incapacities, as defined in s. 55.01 (5); (b) The condition of the parent is likely to continue indefinitely; and (c) The child is not being provided with adequate care by a relative who has legal custody of the child, or by a parent or a guardian. (4) CONTINUING DENIAL OF PERIODS OF PHYSICAL PLACEMENT OR VISITATION. Continuing denial of periods of physical placement or visitation, which shall be established by proving all of the following: (a) That the parent has been denied periods of physical placement by court order in an action affecting the family or has been denied visitation under an order under s. 48.345, 48.363, 48.365, 938.345, 938.363 or 938.365 containing the notice required by s. 48.356 (2) or 938.356 (2). (b) That at least one year has elapsed since the order denying periods of physical placement or visitation was issued and the

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court has not subsequently modified its order so as to permit periods of physical placement or visitation. (5) CHILD ABUSE. Child abuse, which shall be established by proving that the parent has exhibited a pattern of physically or sexually abusive behavior which is a substantial threat to the health of the child who is the subject of the petition and proving either of the following: (a) That the parent has caused death or injury to a child or children resulting in a felony conviction. (b) That a child has previously been removed from the parent’s home pursuant to a court order under s. 48.345 after an adjudication that the child is in need of protection or services under s. 48.13 (3) or (3m). (6) FAILURE TO ASSUME PARENTAL RESPONSIBILITY. (a) Failure to assume parental responsibility, which shall be established by proving that the parent or the person or persons who may be the parent of the child have not had a substantial parental relationship with the child. (b) In this subsection, “substantial parental relationship” means the acceptance and exercise of significant responsibility for the daily supervision, education, protection and care of the child. In evaluating whether the person has had a substantial parental relationship with the child, the court may consider such factors, including, but not limited to, whether the person has expressed concern for or interest in the support, care or well-being of the child, whether the person has neglected or refused to provide care or support for the child and whether, with respect to a person who is or may be the father of the child, the person has expressed concern for or interest in the support, care or well-being of the mother during her pregnancy. (7) INCESTUOUS PARENTHOOD. Incestuous parenthood, which shall be established by proving that the person whose parental rights are sought to be terminated is also related, either by blood or adoption, to the child’s other parent in a degree of kinship closer than 2nd cousin. (8) HOMICIDE OR SOLICITATION TO COMMIT HOMICIDE OF PARENT. Homicide or solicitation to commit homicide of a parent, which shall be established by proving that a parent of the child has been a victim of first-degree intentional homicide in violation of s. 940.01, first-degree reckless homicide in violation of s. 940.02 or 2nd-degree intentional homicide in violation of s. 940.05 or a crime under federal law or the law of any other state that is comparable to any of those crimes, or has been the intended victim of a solicitation to commit first-degree intentional homicide in violation of s. 939.30 or a crime under federal law or the law of any other state that is comparable to that crime, and that the person whose parental rights are sought to be terminated has been convicted of that intentional or reckless homicide, solicitation or crime under federal law or the law of any other state as evidenced by a final judgment of conviction. (9) PARENTHOOD AS A RESULT OF SEXUAL ASSAULT. (a) Parenthood as a result of sexual assault, which shall be established by proving that the child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085. Conception as a result of sexual assault as specified in this paragraph may be proved by a final judgment of conviction or other evidence produced at a fact-finding hearing under s. 48.424 indicating that the person who may be the father of the child committed, during a possible time of conception, a sexual assault as specified in this paragraph against the mother of the child. (b) If the conviction or other evidence specified in par. (a) indicates that the child was conceived as a result of a sexual assault in violation of s. 948.02 (1) or (2) or 948.085, the mother of the

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child may be heard on her desire for the termination of the father’s parental rights. (9m) COMMISSION OF A FELONY AGAINST A CHILD. (a) Commission of a serious felony against one of the person’s children, which shall be established by proving that a child of the person whose parental rights are sought to be terminated was the victim of a serious felony and that the person whose parental rights are sought to be terminated has been convicted of that serious felony as evidenced by a final judgment of conviction. (am) Commission of a violation of s. 948.051 involving any child or a violation of the law of any other state or federal law, if that violation would be a violation of s. 948.051 involving any child if committed in this state. (b) In this subsection, “serious felony” means any of the following: 1. The commission of, the aiding or abetting of, or the solicitation, conspiracy or attempt to commit, a violation of s. 940.01, 940.02, 940.03 or 940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.01, 940.02, 940.03 or 940.05 if committed in this state. 2. a. The commission of a violation of s. 940.19 (3), 1999 stats., s. 940.19 (2), 2023 stats., s. 940.19 (4), 2023 stats., or s. 940.19 (5), 2023 stats., a violation of s. 940.225 (1) or (2), 940.60 (2) or (3) (a) or (b), 948.02 (1) or (2), 948.025, 948.03 (2) (a), (3) (a), or (5) (a) 1., 2., or 3., 948.05, 948.051, 948.06, 948.08, or 948.081, or a violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies. b. A violation of the law of any other state or federal law, if that violation would be a violation listed under subd. 2. a. if committed in this state. 3. The commission of a violation of s. 948.21 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 948.21 if committed in this state, that resulted in the death of the victim. (10) PRIOR INVOLUNTARY TERMINATION OF PARENTAL RIGHTS TO ANOTHER CHILD. Prior involuntary termination of parental rights to another child, which shall be established by proving all of the following: (a) That the child who is the subject of the petition has been adjudged to be in need of protection or services under s. 48.13 (2), (3) or (10); or that the child who is the subject of the petition was born after the filing of a petition under this subsection whose subject is a sibling of the child. (b) That, within 3 years prior to the date the court adjudged the child to be in need of protection or services as specified in par. (a) or, in the case of a child born after the filing of a petition as specified in par. (a), within 3 years prior to the date of birth of the child, a court has ordered the termination of parental rights with respect to another child of the person whose parental rights are sought to be terminated on one or more of the grounds specified in this section. History: 1979 c. 330; 1983 a. 189 s. 329 (5); 1983 a. 326; 1983 a. 447 ss. 8, 67; 1983 a. 488, 538; 1987 a. 355, 383; 1989 a. 86; 1993 a. 235, 395; 1995 a. 77, 108, 225, 275; 1997 a. 35, 80, 237, 292, 294; 1999 a. 9, 32; 2001 a. 2, 109; 2005 a. 277, 293; 2007 a. 45, 116; 2009 a. 94; 2011 a. 257 s. 56; 2011 a. 271; 2015 a. 366; 2017 a. 128, 256; 2023 a. 79; 2025 a. 24 s. 93; 2025 a. 94. A termination order was not supported by sufficient findings when the findings merely repeated statutory language and made no determination of the best interests of the child. Minguey v. Brookens, 100 Wis. 2d 681, 303 N.W.2d 581 (1981). A parent has constitutionally protected rights to the care, custody, and management of a child. In Interest of J.L.W., 102 Wis. 2d 118, 306 N.W.2d 46 (1981). The dismissal of termination proceedings on grounds of abandonment because only two of six dispositional orders contained statutory warnings was inappropriate. The warning is only required in one order. Rock County Department of Social Services v. K.K., 162 Wis. 2d 431, 469 N.W.2d 881 (Ct. App. 1991). The abandonment period under sub. (1) (a) 3. need not immediately precede the filing of the petition. If abandonment is found, termination is still discretionary. P.S. v. G.O., 168 Wis. 2d 259, 483 N.W.2d 591 (Ct. App. 1992). While the CHIPS judge must notify the parents of possible termination grounds in the written dispositional order and repeat that information orally to any parent

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present in court, proof that the oral notice was given is not required in later termination proceedings under sub. (2) (a). M.P. v. Dane County Department of Human Services, 170 Wis. 2d 313, 488 N.W.2d 133 (Ct. App. 1992). A developmentally disabled father’s allegation that the county, in violation of the federal Americans with Disabilities Act, did not take into account his disability in attempting to provide court ordered services was not a basis to attack a termination proceeding. The Act did not place an added burden on the county to meet the requirements of sub. (2) (b) [now sub. (2) (a) 2.]. State v. Raymond C., 187 Wis. 2d 10, 522 N.W.2d 243 (Ct. App. 1994). A child “left with” another person under sub. (1) (a) 3. may have been actively placed with the other person by the parent or allowed to live with the other person with the parent’s knowledge. Rhonda R.D. v. Franklin R.D., 191 Wis. 2d 680, 530 N.W.2d 34 (Ct. App. 1995). “Disassociated” under sub. (1) (c) is not unconstitutionally vague. Disassociation means more than “failure to visit or communicate” under sub. (1) (a). Rhonda R.D. v. Franklin R.D., 191 Wis. 2d 680, 530 N.W.2d 34 (Ct. App. 1995). The respondent in a termination of parental rights case has the right to meaningfully participate; whether physical presence is required must be determined on a case by case basis. Telephone participation may be adequate. Rhonda R.D. v. Franklin R.D., 191 Wis. 2d 680, 530 N.W.2d 34 (Ct. App. 1995). A showing of abandonment under sub. (1) (a) 3. creates a rebuttable presumption that imposes on the parent the burden of disproving abandonment under sub. (1) (c) by showing by a preponderance of the evidence that the parent has not disassociated himself or herself from the child. Odd S.-G. v. Carolyn S.-G., 194 Wis. 2d 365, 533 N.W.2d 794 (1995). Termination under sub. (8), due to a murder occurring prior to the adoption of sub. (8), did not violate the prohibition against ex post facto laws and did not violate due process, equal protection, or double jeopardy protections. Winnebago County Department of Social Services v. Darrell A., 194 Wis. 2d 627, 534 N.W.2d 907 (Ct. App. 1995). It was a denial of due process to terminate parental rights on grounds substantially different from those that the parent was warned of under s. 48.356. State v. Patricia A.P., 195 Wis. 2d 855, 537 N.W.2d 47 (Ct. App. 1995), 95-1164. Sub. (5) does not require an assessment of present and future behavior. The statute refers to past behavior that was a threat to the child’s welfare. Jerry M. v. Dennis L.M., 198 Wis. 2d 10, 542 N.W.2d 162 (Ct. App. 1995), 95-0075. For all terminations under sub. (5), there must be a showing that the parent has exhibited a pattern of abusive behavior and a showing under sub. (5) (a) or (b). A “conviction” under sub. (5) (a) is a conviction after the appeal as of right has been exhausted. Monroe County v. Jennifer V., 200 Wis. 2d 678, 548 N.W.2d 837 (Ct. App. 1996), 95-3062. Sub. (7) is a constitutional part of a statutory scheme that is narrowly tailored to meet the state’s compelling interests. State v. Allen M., 214 Wis. 2d 302, 571 N.W.2d 872 (Ct. App. 1997), 97-0852. Venue becomes an issue only in the event that it is contested. The county where a child “resides” is the county of domicile. The county where a child “is present” is the county where the child is present at the time a petition is filed. State v. Corey J.G., 215 Wis. 2d 395, 572 N.W.2d 845 (1998), 96-3148. When a parent is prohibited from visitation, communication by phone and letter is not prohibited, and sub. (1) (b) does not apply. Periods in which there has been no contact whatsoever will be counted under sub. (1) (a) 2. and 3. Carla B. v. Timothy N., 228 Wis. 2d 695, 598 N.W.2d 924 (Ct. App. 1999), 99-0853. The rules of civil procedure apply to termination of parental rights proceedings. Directed verdicts are permissible. Door County Department of Health & Family Services v. Scott S., 230 Wis. 2d 460, 602 N.W.2d 167 (Ct. App. 1999), 99-0719. A guardian ad litem’s comments regarding the best interests of the child were not improper. Only when the jury is instructed that it should consider the best interests of the child is there reversible error. Door County Department of Health & Family Services v. Scott S., 230 Wis. 2d 460, 602 N.W.2d 167 (Ct. App. 1999), 99-0719. Prior to determining that grounds existed to terminate parental rights, the circuit court had the duty at the fact-finding hearing to find by clear and convincing evidence that all of the elements of sub. (1) (a) 3. had been satisfied. By entering a default judgment against the parent on the issue of abandonment without first taking evidence, the circuit court did not make the finding. The error was subject to a harmless error analysis. Evelyn C.R. v. Tykila S., 2001 WI 110, 246 Wis. 2d 1, 629 N.W.2d 768, 00-1739. In a case under sub. (4), a parent’s right to meaningfully participate in the termination proceeding includes the right to present evidence at the fact-finding hearing regarding efforts to meet the conditions for reestablishing visitation. It was error to restrict evidence to whether an order denying visitation had remained in effect for a year. State v. Frederick H., 2001 WI App 141, 246 Wis. 2d 215, 630 N.W.2d 734, 00-3035. Events occurring prior to a CHIPS dispositional order are frequently relevant at a termination proceeding. A history of parental conduct may be relevant to predicting a parent’s chances of complying with conditions in the future, despite failing to do so to date. La Crosse County Department of Human Services v. Tara P., 2002 WI App 84, 252 Wis. 2d 179, 643 N.W.2d 194, 01-3034. In determining whether there is a substantial likelihood that a parent will not meet conditions for the return of the parent’s children, the parent’s relevant character traits and patterns of behavior and the likelihood that any problematic traits or propensities have been or can be modified in order to assure the safety of the children must be considered. La Crosse County Department of Human Services v. Tara P., 2002 WI App 84, 252 Wis. 2d 179, 643 N.W.2d 194, 01-3034. A mother’s criminal offenses and sentences were relevant to whether she had failed to establish a substantial parental relationship with her children under sub. (6). State v. Quinsanna D., 2002 WI App 318, 259 Wis. 2d 429, 655 N.W.2d 752, 021919. Partial summary judgment may be granted in the unfitness phase of a termination case if the moving party establishes that there is no genuine issue as to any material fact regarding the asserted grounds for unfitness, and, taking into consideration the heightened burden of proof specified in s. 48.31 (1) and required by due process, the

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moving party is entitled to judgment as a matter of law. Steven V. v. Kelley H., 2004 WI 47, 271 Wis. 2d 1, 678 N.W.2d 856, 02-2860. As applied in this case the incestuous parenthood ground under sub. (7) is not narrowly tailored to advance the compelling state interest underlying the statute. It is fundamentally unfair to terminate parental rights based solely on a parent’s status as a victim of incest. Monroe County Department of Human Services v. Kelli B., 2004 WI 48, 271 Wis. 2d 51, 678 N.W.2d 831, 03-0060. The holding in Jennifer V., 200 Wis. 2d 678 (1996), is limited to appeals based on guilt or innocence. When a parent’s pending appeal does not raise issues of guilt or innocence, “final judgment of conviction” in sub. (9m) means the judgment of conviction entered by the trial court, either after a verdict of guilty by the jury, a finding of guilty by the court when a jury is waived, or a plea of guilty or no contest. Reynaldo F. v. Christal M., 2004 WI App 106, 272 Wis. 2d 816, 681 N.W.2d 289, 032687. A parent’s prior convictions are not so prejudicial as to outweigh their probative value when the information would lead the jury to an understanding of why children are removed from the parent’s home. Reynaldo F. v. Christal M., 2004 WI App 106, 272 Wis. 2d 816, 681 N.W.2d 289, 03-2687. Sub. (4) does not violate substantive due process by not requiring any evidence of parental unfitness. There are required steps that must be taken before reaching the application of sub. (4) in a termination of parental rights case and those steps form the foundation for the ultimate finding. At each of those steps, findings must be made that reflect on the parent’s fitness. Dane County Department of Human Services v. P.P., 2005 WI 32, 279 Wis. 2d 169, 694 N.W.2d 344, 03-2440. The notice requirement provisions of sub. (4) (a) are a part of the clause pertaining to juvenile court orders and are inapplicable to the clause pertaining to family court orders. The fact that s. 767.24 (4) (d) [now s. 767.41 (4) (d)] requires a family court to provide the applicable notice does not establish that provision of the notice is an element of proof under sub. (4). Kimberly S.S. v. Sebastian X.L., 2005 WI App 83, 281 Wis. 2d 261, 697 N.W.2d 476, 04-3219. The biological father of a nonmarital child satisfies the definition of parent in s. 48.02 (13), as he is a biological parent notwithstanding that he has not officially been adjudicated as the child’s biological father, and may have his parental rights terminated based on periods of abandonment that occurred prior to his official adjudication as the child’s biological father. State v. James P., 2005 WI 80, 281 Wis. 2d 685, 698 N.W.2d 95, 04-0723. When a parent is incarcerated and the only ground for parental termination is that the child continues to be in need of protection or services solely because of the parent’s incarceration, sub. (2) requires that the court-ordered conditions of return are tailored to the particular needs of the parent and child. A parent’s incarceration is not a sufficient basis to terminate parental rights. Other factors must be considered, such as the parent’s relationship with the child both prior to and while the parent is incarcerated, the nature of the crime committed, the length and type of sentence imposed, the parent’s level of cooperation with the responsible agency and the Department of Corrections, and the best interests of the child. Kenosha County Department of Human Services v. Jodie W., 2006 WI 93, 293 Wis. 2d 530, 716 N.W.2d 845, 05-0002. Sub. (10) (b) requires that within the three years prior a court has terminated the parent’s rights to another child in an involuntary termination proceeding, but does not require proof of which of the available 12 grounds set out in this section was the basis for the involuntary termination. Oneida County Department of Social Services v. Nicole W., 2007 WI 30, 299 Wis. 2d 637, 728 N.W.2d 652, 05-2656. In determining whether a party seeking termination of parental rights has proven by clear and convincing evidence that a biological father has failed to assume parental responsibility under sub. (6), a circuit court must consider the biological father’s efforts undertaken after he discovers that he is the father but before the circuit court adjudicates the grounds of the termination proceeding. State v. Bobby G., 2007 WI 77, 301 Wis. 2d 531, 734 N.W.2d 81, 06-0066. The three-month abandonment ground under sub. (1) (a) 2. is effectively an exception to the more general requirement of six months of abandonment under sub. (1) (a) 3. The three-month provision is a special scenario justifying a shorter abandonment period. When there is an active CHIPS order, it is a given that the child has been facing some kind of peril, and a shorter abandonment period is therefore appropriate and in the child’s best interests. When a CHIPS order has been terminated or allowed to lapse, it is reasonable to assume that the parental situation has changed and the reason for the shorter abandonment period is no longer present. Heather B. v. Jennifer B., 2011 WI App 26, 331 Wis. 2d 666, 794 N.W.2d 800, 10-2528. Sub. (1) (a) 2. requires that the three-month abandonment period fall within the duration of a CHIPS-based placement of the child outside the parent’s home. Heather B. v. Jennifer B., 2011 WI App 26, 331 Wis. 2d 666, 794 N.W.2d 800, 102528. Under sub. (6) (a), a fact-finder must look to the totality of the circumstances to determine if a parent has assumed parental responsibility. The phrase “have not had” does not direct the fact-finder to consider only a limited time period. Rather, the statute gives latitude to the fact-finder to consider the entirety of the child’s life and determine if the parent’s actions have been sufficient to find that the parent has assumed parental responsibility. Under the totality-of-the-circumstances test, a factfinder may consider whether, during the time the parent is caring for the child, the parent exposes the child to a hazardous living environment. Tammy W-G. v. Jacob T., 2011 WI 30, 333 Wis. 2d 273, 797 N.W.2d 854, 09-2973. Even though there is no restraint of the petitioner’s liberty, the writ of habeas corpus may be used in the court of appeals to seek relief from a termination of parental rights (TPR) when appellate counsel fails to appeal before the deadline. Under s. 809.82 (2) (b), the time for filing an appeal of a TPR may not be enlarged when the petition is filed by someone other than a representative of the public. If the court is not able to recognize the petitioner’s right to raise ineffectiveness of counsel, the petitioner will never have an appeal through no fault of his or her own. Amy W. v. David G., 2013 WI App 83, 348 Wis. 2d 593, 834 N.W.2d 432, 13-0731. Sub. (2) (a) 1. makes the written notice in s. 48.356 (2), the CHIPS statute, an element to prove in a termination of parental rights case grounded in continuing CHIPS. The plain language of sub. (2) (a) 1. provides that the statutory notice requirements are satisfied when at least one of the CHIPS orders contains the written

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notice required under s. 48.356 (2). Sub. (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. The agency does not need to wait six months after the last out-of-home placement order is issued before filing a termination of parental rights petition under sub. (2) (a). Sub. (2) (a) 3. does not require that the six-month period must be after the last CHIPS dispositional order or extension; rather, the six-month period is a cumulative total period under the CHIPS orders. St. Croix County Department of Health & Human Services v. Michael D., 2016 WI 35, 368 Wis. 2d 170, 880 N.W.2d 107, 142431. Denying a defendant the opportunity to present the defendant’s case-in-chief in a termination of parental rights proceeding is a structural error, the consequence of which is an automatic new trial. State v. C.L.K., 2019 WI 14, 385 Wis. 2d 418, 922 N.W.2d 807, 17-1413. The plain language of sub. (1) (a) permits the Brown County Human Services Department to plead any factually and legally applicable statutory basis for abandonment, and the department was not limited to seeking termination of parental rights under sub. (1) (a) 2., despite the fact that the child was placed outside of each parent’s home pursuant to a CHIPS order. Brown County Human Services v. B.P., 2019 WI App 18, 386 Wis. 2d 557, 927 N.W.2d 560, 18-1259. The involuntary placement of a child pursuant to an out-of-home CHIPS order satisfies sub. (1) (a) 3.’s “has been left” element. Brown County Human Services v. B.P., 2019 WI App 18, 386 Wis. 2d 557, 927 N.W.2d 560, 18-1259. Sub. (2) (a), the continuing CHIPS ground at issue in this case, was amended by 2017 Wis. Act 256. In this case, although the orders placing the respondent’s children outside the home were first entered in CHIPS cases before sub. (2) (a) was amended, when the county filed petitions to terminate the respondent’s parental rights (TPR) after that amendment took effect, the county was required to establish the elements for the continuing CHIPS ground as set forth in the amended version of sub. (2) (a). When the county filed the TPR petitions, the amended version of the continuing CHIPS ground was the only version of that ground that could form the basis of the TPR petitions pursuant to the dictates of this section and s. 48.42 (1) (c) 2. Dane County Department of Human Services v. J.R., 2020 WI App 5, 390 Wis. 2d 326, 938 N.W.2d 614, 19-0820. See also Eau Claire County Department of Human Services v. S.E., 2021 WI 56, 397 Wis. 2d 462, 960 N.W.2d 391, 19-0894. The county’s petitioning for termination of parental rights based on the amended version of sub. (2) (a) was not a retroactive application of the statute and, thus, did not violate the respondent’s due process rights. Dane County Department of Human Services v. J.R., 2020 WI App 5, 390 Wis. 2d 326, 938 N.W.2d 614, 19-0820. See also Eau Claire County Department of Human Services v. S.E., 2021 WI 56, 397 Wis. 2d 462, 960 N.W.2d 391, 19-0894. The absence in sub. (9m) (b) 3. of language in sub. (9m) (b) 1. relating to aiding or abetting, solicitation, and conspiracy indicates that a person’s parental rights cannot be terminated based on a conviction for neglect of a child resulting in death, as a party to the crime, if the person aided or abetted that crime, solicited the commission of that crime, or conspired to commit it. Instead, reading sub. (9m) (b) 3. in context with sub. (9m) (b) 1., a conviction for neglect of a child resulting in death as a party to the crime qualifies as a serious felony for purposes of sub. (9m) only if the individual in question “directly committed” that crime as provided under s. 939.05 (2) (a). Brown County Department of Human Services v. S.K., 2023 WI App 27, 407 Wis. 2d 893, 992 N.W.2d 208, 22-1432. Process is constitutionally due a natural parent at a state-initiated parental rights termination proceeding. Discussing a three-factor test. Santosky v. Kramer, 455 U.S. 745, 102 S. Ct. 1388, 71 L. Ed. 2d 599 (1982). Adoption and Termination Proceedings in Wisconsin: Straining the Wisdom of Solomon. Hayes & Morse. 66 MLR 439 (1983).

48.417 Petition for termination of parental rights; when required. (1) FILING OR JOINING IN PETITION; WHEN REQUIRED. Subject to sub. (2), an agency or the district attorney, corporation counsel or other appropriate official designated under s. 48.09 shall file a petition under s. 48.42 (1) to terminate the parental rights of a parent or the parents of a child, or, if a petition under s. 48.42 (1) to terminate those parental rights has already been filed, the agency, district attorney, corporation counsel or other appropriate official shall join in the petition, if any of the following circumstances apply: (a) The child has been placed outside of his or her home, as described in s. 48.365 (1) or 938.365 (1), in a foster home, group home, nonsecured residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home. If the circumstances specified in this paragraph apply, the petition shall be filed or joined in by the last day of the 15th month, as described in this paragraph, for which the child was placed outside of his or her home. (b) A court of competent jurisdiction has found under s. 48.13 (2) or under a law of any other state or a federal law that is comparable to s. 48.13 (2) that the child was abandoned when he or she was under one year of age or has found that the parent aban-

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doned the child when the child was under one year of age in violation of s. 948.20 or in violation of the law of any other state or federal law, if that violation would be a violation of s. 948.20 if committed in this state. If the circumstances specified in this paragraph apply, the petition shall be filed or joined in within 60 days after the date on which the court of competent jurisdiction found that the child was abandoned as described in this paragraph. (c) A court of competent jurisdiction has found that the parent has committed, has aided or abetted the commission of, or has solicited, conspired, or attempted to commit, a violation of s. 940.01, 940.02, 940.03, or 940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.01, 940.02, 940.03, or 940.05 if committed in this state, and that the victim of that violation is a child of the parent. If the circumstances specified in this paragraph apply, the petition shall be filed or joined in within 60 days after the date on which the court assigned to exercise jurisdiction under this chapter determines, based on a finding that a circumstance specified in this paragraph applies, that reasonable efforts to make it possible for the child to return safely to his or her home are not required. (d) A court of competent jurisdiction has found that the parent has committed a violation of s. 940.19 (3), 1999 stats., s. 940.19 (2), 2023 stats., s. 940.19 (4), 2023 stats., or s. 940.19 (5), 2023 stats., a violation of s. 940.225 (1) or (2), 940.60 (2) or (3) (a) or (b), 948.02 (1) or (2), 948.025, 948.03 (2) (a), (3) (a), or (5) (a) 1., 2., or 3., 948.051, or 948.085, a violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or a violation of the law of any other state or federal law, if that violation would be a violation listed under this paragraph if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent. If the circumstances specified in this paragraph apply, the petition shall be filed or joined in within 60 days after the date on which the court assigned to exercise jurisdiction under this chapter determines, based on a finding that a circumstance specified in this paragraph applies, that reasonable efforts to make it possible for the child to return safely to his or her home are not required. (2) FILING OR JOINING IN PETITION; WHEN NOT REQUIRED. Notwithstanding that any of the circumstances specified in sub. (1) (a), (b), (c) or (d) may apply, an agency or the district attorney, corporation counsel or other appropriate official designated under s. 48.09 need not file a petition under s. 48.42 (1) to terminate the parental rights of a parent or the parents of a child, or, if a petition under s. 48.42 (1) to terminate those parental rights has already been filed, the agency, district attorney, corporation counsel or other appropriate official need not join in the petition, if any of the following circumstances apply: (a) The child is being cared for by a fit and willing relative of the child. (b) The child’s permanency plan indicates and provides documentation that termination of parental rights to the child is not in the best interests of the child. (c) The agency primarily responsible for providing services to the family under a court order, if required under s. 48.355 (2) (b) 6. to make reasonable efforts to make it possible for the child to return safely to his or her home, has not provided to the family of the child, consistent with the time period in the child’s permanency plan, the services necessary for the safe return of the child to his or her home. (cm) In the case of an Indian child, the agency primarily responsible for providing services to the Indian child and the family under a court order, if required under s. 48.355 (2) (b) 6v. to make active efforts under s. 48.028 (4) (d) 2. to prevent the breakup of

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48.42

the Indian child’s family, has not provided to the Indian child’s family, consistent with the child’s permanency plan, the services necessary to prevent the breakup of the Indian child’s family. (d) Grounds for an involuntary termination of parental rights under s. 48.415 do not exist. (3) CONCURRENT ADOPTION EFFORTS REQUIRED. If a petition is filed or joined in as required under sub. (1), the agency primarily responsible for providing services to the child under a court order shall, during the pendency of the proceeding on the petition, work with the agency identified in the report under s. 48.425 (1) (f) that would be responsible for accomplishing the adoption of the child in processing and approving a qualified family for the adoption of the child. (4) NOTICE TO DEPARTMENT. If a petition is filed or joined in as required under sub. (1), the person who filed or joined in the petition shall notify the department of that filing or joinder. History: 1997 a. 237; 2001 a. 109; 2005 a. 277; 2007 a. 20, 116; 2009 a. 79, 94; 2011 a. 181; 2015 a. 366; 2025 a. 24 s. 93.

48.42 Procedure. (1) PETITION. A proceeding for the termination of parental rights shall be initiated by petition which may be filed by the child’s parent, an agency or a person authorized to file a petition under s. 48.25 or 48.835. The petition shall be entitled “In the interest of .......... (child’s name), a person under the age of 18” and shall set forth with specificity: (a) The name, birth date or anticipated birth date, and address of the child and whether the child has been adopted. (b) The names and addresses of the child’s parent or parents, guardian and legal custodian. (bm) The information required under s. 822.29 (1). (c) One of the following: 1. A statement that consent will be given to termination of parental rights as provided in s. 48.41. 2. A statement of the grounds for involuntary termination of parental rights under s. 48.415 and a statement of the facts and circumstances which the petitioner alleges establish these grounds. (d) A statement of whether the child may be subject to the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the child may be subject to that act, the names of the child’s Indian custodian, if any, and tribe, if known. (e) If the petition is seeking the involuntary termination of parental rights to an Indian child, reliable and credible information showing that continued custody of the Indian child by the Indian child’s parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child under s. 48.028 (4) (e) 1. and reliable and credible information showing that active efforts under s. 48.028 (4) (e) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. (1g) AFFIDAVIT. (a) Except as provided in par. (c), if the petition is filed by a person or agency other than the district attorney, corporation counsel, or other appropriate official under s. 48.09; if the petition seeks to terminate the parental rights of a person who may be the father of a nonmarital child who is under one year of age at the time the petition is filed, who is not adopted or whose parents do not subsequently intermarry under s. 767.803, and whose paternity has not been established; and if the mother of the child has voluntarily consented to or seeks to voluntarily consent to the termination of her parental rights to the child, the petitioner may file with the petition an affidavit signed by the mother that includes all of the following: 1. A statement that the mother has voluntarily consented to or seeks to voluntarily consent to the termination of her parental rights to the child.

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2. A statement acknowledging that the mother has been asked to identify the father of the child. 3. A statement that the mother knows and is identifying the father or that she does not know the identity of the father. 4. A statement identifying any man who has lived in a familial relationship with the child and who may be the father of the child. 5. If the mother states that she knows and is identifying the father under subd. 3. or 4., the father’s name, age, and last-known mailing address, and the last-known mailing address of the father’s employer. 6. If the mother states that she does not know the identity of the father, an explanation of why she is unable to identify him and a physical description of the father. 7. A statement that the mother has been informed and understands that if she misidentifies the father, she is permanently barred from attacking the termination of the father’s or her parental rights on the basis that the father was not correctly identified. 8. A statement that the mother understands that she may be prosecuted under s. 946.32 (2) for false swearing if she makes a false statement that she does not believe is true in the affidavit under this paragraph. 9. A statement that the mother has reviewed and understands the affidavit, the name of the person who explained the affidavit and the consequences of signing the affidavit to her, and a statement that the mother is signing the affidavit voluntarily. (b) The petitioner shall notify any man identified in the affidavit under par. (a) as an alleged father of his right to file a declaration of paternal interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after the date on which the notice is mailed, whichever is later; of the birth date or anticipated birth date of the child; and of the consequences of filing or not filing a declaration of paternal interest. The petitioner shall include with the notice a copy of the form required to file a declaration of paternal interest under s. 48.025. The notice shall be sent by certified mail to the lastknown address of the alleged father. (c) If an affidavit under par. (a) is not filed with the petition, notice shall be given to an alleged father under sub. (2). (1m) VISITATION OR CONTACT RIGHTS. (a) If the petition filed under sub. (1) includes a statement of the grounds for involuntary termination of parental rights under sub. (1) (c) 2., the petitioner may, at the time the petition under sub. (1) is filed, also petition the court for a temporary order and an injunction prohibiting the person whose parental rights are sought to be terminated from visiting or contacting the child who is the subject of the petition under sub. (1). Any petition under this paragraph shall allege facts sufficient to show that prohibiting visitation or contact would be in the best interests of the child. (b) Subject to par. (e), the court may issue the temporary order ex parte or may refuse to issue the temporary order and hold a hearing on whether to issue an injunction. The temporary order is in effect until a hearing is held on the issuance of an injunction. The court shall hold a hearing on the issuance of an injunction on or before the date of the hearing on the petition to terminate parental rights under s. 48.422 (1). (c) Notwithstanding any other order under s. 48.355 (3), the court, subject to par. (e), may grant an injunction prohibiting the respondent from visiting or contacting the child if the court determines that the prohibition would be in the best interests of the child. An injunction under this subsection is effective according to its terms but may not remain in effect beyond the date the court dismisses the petition for termination of parental rights under s.

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48.427 (2) or issues an order terminating parental rights under s. 48.427 (3). (d) A temporary order under par. (b) or an injunction under par. (c) suspends the portion of any order under s. 48.345, 48.363, 48.365, 938.345, 938.363 or 938.365 setting rules of parental visitation until the termination of the temporary order under par. (b) or injunction under par. (c). (e) 1. Except as provided in subd. 2., the court shall issue a temporary order and injunction prohibiting a parent of a child from visitation or contact with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child’s other parent, and the conviction has not been reversed, set aside or vacated. 2. Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation or contact would be in the best interests of the child. The court shall consider the wishes of the child in making that determination. (2) WHO MUST BE SUMMONED. Except as provided in sub. (2m), the petitioner shall cause the summons and petition to be served upon the following persons: (a) The parent or parents of the child, unless the child’s parent has waived the right to notice under s. 48.41 (2) (d). (b) Except as provided in par. (bm), if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity has not been established: 1. A person who has filed an unrevoked declaration of paternal interest under s. 48.025 before the birth of the child or within 14 days after the birth of the child. 2. A person or persons alleged to the court to be the father of the child or who may, based upon the statements of the mother or other information presented to the court, be the father of the child unless that person has waived the right to notice under s. 48.41 (2) (c). 3. A person who has lived in a familial relationship with the child and who may be the father of the child. (bm) If the child is a nonmarital child who is under one year of age at the time the petition is filed and who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity has not been established and if an affidavit under sub. (1g) (a) is filed with the petition: 1. A person who has filed an unrevoked declaration of paternal interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed, whichever is later. 2. A person who has lived in a familial relationship with the child and who may be the father of the child. (c) The guardian, guardian ad litem, legal custodian, and Indian custodian of the child. (d) Any other person to whom notice is required to be given by ch. 822, excluding foster parents who shall be provided notice as required under sub. (2g). (e) To the child if the child is 12 years of age or older. (2g) NOTICE REQUIRED. (a) In addition to causing the summons and petition to be served as required under sub. (2), the petitioner shall also notify any foster parent or other physical custodian described in s. 48.62 (2) of the child of all hearings on the petition. The first notice to any foster parent or other physical custodian described in s. 48.62 (2) shall be written, shall have a copy of the petition attached to it, shall state the nature, location, date, and time of the initial hearing and shall be mailed to the last-known address of the foster parent or other physical custodian described in s. 48.62 (2). Thereafter, notice of hearings may

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be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke. (ag) In the case of an involuntary termination of parental rights to a child whom the petitioner knows or has reason to know is an Indian child, the petitioner shall cause the summons and petition to be served on the Indian child’s parent and Indian custodian in the manner specified in s. 48.028 (4) (a). In like manner, the petitioner shall also notify the Indian child’s tribe of all hearings on the petition. The first notice to an Indian child’s tribe shall be written, shall have a copy of the petition attached to it, and shall state the nature, location, date, and time of the initial hearing. No hearing may be held on the petition until at least 10 days after receipt of notice of the hearing by the Indian child’s parent, Indian custodian, and tribe or, if the identity or location of the Indian child’s parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child’s parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing. (am) The court shall give a foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under par. (a) 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, relevant to the issues to be determined at the hearing. A foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under par. (a) and a right to be heard under this paragraph 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. (b) Failure to give notice under par. (a) to a foster parent or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the proceeding. If a foster parent or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under par. (a), that person may request a rehearing on the matter at any time prior to the entry of an order under s. 48.427 (2) or (3). If the request is made, the court shall order a rehearing. (2m) NOTICE NOT REQUIRED. (a) Parent as a result of sexual assault. Except as provided in this paragraph, notice is not required to be given to a person who may be the father of a child conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085 if a physician attests to his or her belief that a sexual assault as specified in this paragraph has occurred or if the person who may be the father of the child has been convicted of sexual assault as specified in this paragraph for conduct which may have led to the child’s conception. A person who under this paragraph is not given notice does not have standing to appear and contest a petition for the termination of his parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations. This paragraph does not apply to a person who may be the father of a child conceived as a result of a sexual assault in violation of s. 948.02 (1) or (2) if that person was under 18 years of age at the time of the sexual assault. (b) Parent of nonmarital child. A person who may be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity has not been established, by virtue of the fact that he has engaged in sexual intercourse with the mother of the child, is considered to be on notice that a pregnancy and a termination of parental rights proceeding concerning the child may occur, and has the duty to protect his own rights and interests. He is there-

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fore entitled to actual notice of such a proceeding only as provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2) (b) or (bm) does not have standing to appear and contest a petition for the termination of his parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations. (3) CONTENTS OF SUMMONS. The summons shall: (a) Contain the name and birth date or anticipated birth date of the child, and the nature, location, date and time of the initial hearing. (b) Advise the party, if applicable, of his or her right to legal counsel, regardless of ability to pay under s. 48.23 and ch. 977. (c) Advise the parties of the possible result of the hearing and the consequences of failure to appear or respond. (d) Advise the parties that if the court terminates parental rights, a notice of intent to pursue relief from the judgment must be filed in the trial court within 30 days after the judgment is entered for the right to pursue such relief to be preserved. (4) MANNER OF SERVING SUMMONS AND PETITION. (a) Personal service. Except as provided in this paragraph, par. (b), and sub. (2g) (ag), a copy of the summons and petition shall be served personally upon the parties specified in sub. (2), if known, at least 7 days before the date of the hearing. Service of summons is not required if the party submits to the jurisdiction of the court. Service upon parties who are not natural persons and upon persons under a disability shall be as prescribed in s. 801.11. (b) Constructive notice. 1. If with reasonable diligence a party specified in sub. (2) cannot be served under par. (a), service shall be made by publication of the notice under subd. 4. 1m. If the child’s custody was relinquished under s. 48.195, service to the parents of the child may be made by publication of the notice under subd. 4. 2. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and paternity has not been conclusively determined from genetic test results under s. 767.804, acknowledged under s. 767.805 or a substantially similar law of another state, or adjudicated, the court may, as provided in s. 48.422 (6) (b), order publication of a notice under subd. 4. 3. At the time the petition is filed, the petitioner may move the court for an order waiving the requirement of constructive notice to a person who, although his identity is unknown, may be the father of a nonmarital child. 4. A notice published under this subsection shall be published as a class 1 notice under ch. 985. In determining which newspaper is likely to give notice as required under s. 985.02 (1), the petitioner or court shall consider the residence of the party, if known, or the residence of the relatives of the party, if known, or the last-known location of the party. If the party’s post-office address is known or can, with due diligence, be ascertained, a copy of the summons and petition shall be mailed to the party upon or immediately prior to the first publication. The mailing may be omitted if the petitioner shows that the post-office address cannot be obtained with due diligence. Except as provided in subd. 5., the notice shall include the date, place and circuit court branch for the hearing, the court file number, the name, address and telephone number of the petitioner’s attorney and information the court determines to be necessary to give effective notice to the party or parties. Such information shall include the following, if known: a. The name of the party or parties to whom notice is being given; b. A description of the party or parties; c. The former address of the party or parties;

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CHILDREN’S CODE

d. The approximate date and place of conception of the child; and e. The date and place of birth of the child. 5. The notice shall not include the name of the mother unless the mother consents. The notice shall not include the name of the child unless the court finds that inclusion of the child’s name is essential to give effective notice to the father. (c) Notice; additional information. The notice under par. (a) or (b) shall also inform the parties: 1. That the parental rights of a parent or alleged parent who fails to appear may be terminated; 2. Of the party’s right to have an attorney present and that if a person desires to contest termination of parental rights and believes that he or she cannot afford an attorney, the person may ask the state public defender to represent him or her; and 3. That if the court terminates parental rights, a notice of intent to pursue relief from the judgment must be filed in the trial court within 30 days after judgment is entered for the right to pursue such relief to be preserved. (5) PENALTY. Any person who knowingly and willfully makes or causes to be made any false statement or representation of a material fact in the course of a proceeding under this section with an intent to deceive or mislead the court for the purpose of preventing a person who is entitled to receive notice of a proceeding under this section from receiving notice may be fined not more than $10,000 or imprisoned for not more than 9 months, or both. It is not a violation of this subsection for a person to refuse to make a statement or representation of material fact in the course of a proceeding under this section for the purpose of preventing a person who is entitled to receive notice of a proceeding under this section from receiving notice if, at the time of the refusal, the person stated that he or she feared that making such a statement or representation would place the person or another person at risk of domestic abuse, as defined in s. 813.12 (1) (am), or abuse, as defined in s. 813.122 (1) (a), and if the person proves that he or she refused to make such a statement or representation because of a recent overt act, attempt, or threat that caused him or her reasonably to believe that refusing to make such a statement or representation was the only means of preventing domestic abuse, as defined in s. 813.12 (1) (am), or abuse, as defined in s. 813.122 (1) (a), to himself or herself or to another. History: 1973 c. 263; 1977 c. 354; 1979 c. 330; 1981 c. 81 s. 33; 1981 c. 391; 1983 a. 447; 1985 a. 94; Sup. Ct. Order, 136 Wis. 2d xxv (1987); 1987 a. 383; 1989 a. 86; 1993 a. 395, 446; 1995 a. 108, 225, 275, 352; 1997 a. 35, 80, 191, 237; 1999 a. 9, 83; 2005 a. 277, 293; 2005 a. 443 s. 265; 2007 a. 96, 97; 2009 a. 28, 79, 94; 2011 a. 257 s. 56; 2015 a. 373, 381; 2019 a. 95; 2021 a. 239. Judicial Council Note, 1986: Subs. (3) (d) and (4) (c) are amended to require notice to the parties of the time and manner for initiating an appeal from a judgment terminating parental rights. [Re Order eff. 7-1-87] Guardianship and termination of parental rights (TPR) proceedings are custody proceedings, guardianship and TPR determinations are custody determinations, and guardianship and TPR decrees are custody decrees, all governed by ch. 822. P.C. v. C.C., 161 Wis. 2d 277, 468 N.W.2d 190 (1991). Sub. (2m) denies a putative father standing to contest the alleged grounds for termination when the child was conceived as the result of sexual assault. Ann M.M. v. Rob S., 176 Wis. 2d 673, 500 N.W.2d 649 (1993). Sub. (2) (d) requires consideration in each case of whether ch. 822 applies but does not require the application of ch. 822 to intrastate cases. David S. v. Laura S., 179 Wis. 2d 114, 507 N.W.2d 94 (1993). Sub. (2) is the exclusive statute for determining what parties may be summoned; intervention under s. 803.09 does not apply. David S. v. Laura S., 179 Wis. 2d 114, 507 N.W.2d 94 (1993). Sexual assault under sub. (2m) does not include a violation of s. 948.09, sexual intercourse with a child age 16 or older. Duane N. v. Natalie T., 182 Wis. 2d 395, 513 N.W.2d 669 (Ct. App. 1994). The doctrines of claim and issue preclusion may apply in termination of parental rights cases. Brown County Department of Human Services v. Terrance M., 2005 WI App 57, 280 Wis. 2d 396, 694 N.W.2d 458, 04-2379. Section 48.415 (2) (a), the “continuing CHIPS ground” at issue in this case, was amended by 2017 Wis. Act 256. In this case, although the orders placing the respondent’s children outside the home were first entered in CHIPS cases before s. 48.415 (2) (a) was amended, when the county filed petitions to terminate the respondent’s parental rights (TPR) after that amendment took effect, the county was required to establish the elements for the continuing CHIPS ground as set forth in the amended

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version of s. 48.415 (2) (a). When the county filed the TPR petitions, the amended version of the continuing CHIPS ground was the only version of that ground that could form the basis of the TPR petitions pursuant to the dictates of sub. (1) (c) 2. and s. 48.415. Dane County Department of Human Services v. J.R., 2020 WI App 5, 390 Wis. 2d 326, 938 N.W.2d 614, 19-0820.

48.422 Hearing on the petition. (1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition to terminate parental rights shall be held within 30 days after the petition is filed. At the hearing on the petition to terminate parental rights the court shall determine whether any party wishes to contest the petition and inform the parties of their rights under sub. (4) and s. 48.423. (2) Except as provided in s. 48.42 (2g) (ag), if the petition is contested the court shall set a date for a fact-finding hearing to be held within 45 days after the hearing on the petition, unless all of the necessary parties agree to commence with the hearing on the merits immediately. (3) If the petition is not contested the court shall hear testimony in support of the allegations in the petition, including testimony as required in sub. (7). (4) Any party who is necessary to the proceeding or whose rights may be affected by an order terminating parental rights shall be granted a jury trial upon request if the request is made before the end of the initial hearing on the petition. (5) Any nonpetitioning party, including the child, shall be granted a continuance of the hearing for the purpose of consulting with an attorney on the request for a jury trial or concerning a request for the substitution of a judge. (6) (a) In the case of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and for whom paternity has not been established, or for whom a declaration of paternal interest has not been filed under s. 48.025 within 14 days after the date of birth of the child or, if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the paternity of the child. Based on the testimony, the court shall determine whether all interested parties who are known have been notified under s. 48.42 (2) and (2g) (ag). If not, the court shall adjourn the hearing and order appropriate notice to be given. (b) If the court determines that an unknown person may be the father of the child and notice to that person has not been waived under s. 48.42 (4) (b) 3., the court shall determine whether constructive notice will substantially increase the likelihood of notice to that person. If the court does determine that it would substantially increase the likelihood of notice and the petitioner has not already caused the notice to be published or the court determines that the publication used was not sufficient, the court shall adjourn the hearing for a period not to exceed 30 days and shall order constructive notice under s. 48.42 (4) (b). If the court determines that constructive notice will not substantially increase the likelihood of notice to that person, the court shall order that the hearing proceed. (c) If paternity is adjudicated under this subchapter and parental rights are not terminated, the court may make and enforce such orders for the suitable care, custody and support of the child as a court having jurisdiction over actions affecting the family may make under ch. 767. If there is a finding by the court that the child is in need of protection or services, the court may make dispositional orders under s. 48.345. (7) Before accepting an admission of the alleged facts in a petition, the court shall: (a) Address the parties present and determine that the admission is made voluntarily with understanding of the nature of the acts alleged in the petition and the potential dispositions.

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(b) Establish whether any promises or threats were made to elicit an admission and alert all unrepresented parties to the possibility that a lawyer may discover defenses or mitigating circumstances which would not be apparent to them. (bm) Establish whether a proposed adoptive parent of the child has been identified. If a proposed adoptive parent of the child has been identified and the proposed adoptive parent is not a relative of the child, the court shall order the petitioner to submit a report to the court containing the information specified in s. 48.913 (7). The court shall review the report to determine whether any payments or agreement to make payments set forth in the report are coercive to the birth parent of the child or to an alleged to presumed father of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the birth parent of the child, an alleged or presumed father of the child or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petition or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1). This paragraph does not apply if the petition was filed with a petition for adoptive placement under s. 48.837 (2). (br) Establish whether any person has coerced a birth parent or any alleged or presumed father of the child in violation of s. 48.63 (3) (b) 5. Upon a finding of coercion, the court shall dismiss the petition. (c) Make such inquiries as satisfactorily establish that there is a factual basis for the admission. (8) If the petition for termination of parental rights is filed by an agency enumerated in s. 48.069 (1) or (2), the court shall order the agency to file a report with the court as provided in s. 48.425 (1), except that, if the child is an Indian child, the court may order the agency or request the tribal child welfare department of the Indian child’s tribe to file that report. (9) (a) If a petition for termination of the rights of a birth parent, as defined under s. 48.432 (1) (am), is filed by a person other than an agency enumerated under s. 48.069 (1) or (2) or if the court waives the report required under s. 48.425, the court shall order any parent whose rights may be terminated to file with the court the information specified under s. 48.425 (1) (am). (b) If a birth parent does not comply with par. (a), the court shall order any health care provider, as defined under s. 146.81 (1) (a) to (p), known to have provided care to the birth parent or parents to provide the court with any health care records of the birth parent or parents that are relevant to the child’s medical condition or genetic history. A court order for the release of alcohol or drug abuse treatment records subject to 21 USC 1175 or 42 USC 4582 shall comply with 42 CFR 2. History: 1979 c. 330; 1981 c. 359; 1983 a. 326; 1983 a. 447 ss. 10, 67; 1985 a. 176; 1997 a. 104; 2005 a. 293; 2005 a. 443 s. 265; 2007 a. 186; 2009 a. 28, 94. The court erred by failing to inform the parents of the right to a jury trial and to representation by counsel. M.W. v. Monroe County Department of Human Services, 116 Wis. 2d 432, 342 N.W.2d 410 (1984). Concurrent termination of parental rights/adoption proceedings under s. 48.835 are subject to the requirement under this section that the initial hearing be held within 30 days of filing the petition. B.F. v. G.D.J., 168 Wis. 2d 634, 484 N.W.2d 359 (Ct. App. 1992). A court’s failure to inform parents of their rights under this section is not reversible error absent prejudice to the parents. Burnett County Department of Social Services v. Kimberly M.W., 181 Wis. 2d 887, 512 N.W.2d 227 (Ct. App. 1994). Once a basis for termination has been found by the jury and confirmed with a finding of unfitness by the court, the court must move to the dispositional hearing in which the prevailing factor is the best interests of the child. A court should not dismiss a petition for termination at a dispositional hearing unless it can reconcile dismissal with the best interests of the child. Sheboygan County Department of Health

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& Human Services v. Julie A.B., 2002 WI 95, 255 Wis. 2d 170, 648 N.W.2d 402, 01-1692. This section does not require the circuit court to advise nonpetitioning parties of the right under sub. (5) to a continuance to consult with counsel regarding judicial substitution. Steven V. v. Kelley H., 2004 WI 47, 271 Wis. 2d 1, 678 N.W.2d 856, 02-2860. A competency challenge based on the violation of the statutory time limitation of sub. (2) cannot be waived, even though it was not raised in the circuit court. Sheboygan County Department of Social Services v. Matthew S., 2005 WI 84, 282 Wis. 2d 150, 698 N.W.2d 631, 04-0901. Any alternative to a parent’s personal presence at a proceeding to terminate the parent’s parental rights must, unless the parent knowingly waives the right or the ministerial nature of the proceedings make personal-presence unnecessary, be functionally equivalent to personal presence. The parent must be able to assess the witnesses, confer with the parent’s lawyer, and, of course, hear everything that is going on. State v. Lavelle W., 2005 WI App 266, 288 Wis. 2d 504, 708 N.W.2d 698, 051604. When every option to secure the physical presence in the courtroom of a deported father failed and a webcam system was used by which the father could see and hear the proceedings in the courtroom and be seen and heard by the local participants, the father was offered meaningful participation in termination proceedings, unlike the telephone connection used in Lavelle W., 2005 WI App 266. Waukesha County Department of Health & Human Services v. Teodoro E., 2008 WI App 16, 307 Wis. 2d 372, 745 N.W.2d 701, 07-2283. While not required, circuit courts in termination of parental rights proceedings are urged to consider personally engaging the parent in a colloquy explaining that a stipulation to an element withdraws that element from the jury’s consideration and determining that the withdrawal of that element from the jury is knowing and voluntary. Walworth County Department of Health & Human Services v. Andrea L.O., 2008 WI 46, 309 Wis. 2d 161, 749 N.W.2d 168, 07-0008. A parent was deprived of the right to a jury trial when the court, rather than the jury, answered one of the verdict questions on an element of parental unfitness. Although counsel had stipulated that the element was satisfied, the parent had not agreed to the stipulation in open court, the required documentary evidence of the element was missing from the record, and the evidence adduced was not so “ample” as to make the element “undisputed and undisputable.” Manitowoc County Human Services Department v. Allen J., 2008 WI App 137, 314 Wis. 2d 100, 757 N.W.2d 842, 07-1494. In order for no contest pleas at the grounds stage to be entered knowingly and intelligently, parents must understand that acceptance of their pleas will result in a finding of parental unfitness. Sub. (7) requires, at the very least, that a court must inform the parent that at the second step of the process, the court will hear evidence related to the disposition and then will either terminate the parent’s rights or dismiss the petition if the evidence does not warrant termination. Additionally, the court must inform the parent that the best interests of the child shall be the prevailing factor considered by the court in determining the disposition. Oneida County Department of Social Services v. Therese S., 2008 WI App 159, 314 Wis. 2d 493, 762 N.W.2d 122, 08-1126. No provision of the federal or state constitutions nor this section mandates that a parent’s waiver of the right to a jury trial on the grounds for termination must be on the record during a personal colloquy with the judge. Here, although the court did not personally ask the mother whether she wished to waive her right to a jury trial, the record made clear that she did knowingly, intelligently, and voluntarily waive that right. That is the benchmark. Racine County Human Services Department v. Latanya D.K., 2013 WI App 28, 346 Wis. 2d 75, 828 N.W.2d 251, 12-1121. Discussing whether the respondent in this case could withdraw a no contest plea at the grounds phase in a termination of parental rights proceeding based on an alleged lack of understanding of the potential dispositions, and the standard that would apply, at the dispositional phase. State v. A.G., 2023 WI 61, 408 Wis. 2d 413, 992 N.W.2d 75, 22-0652. The court generally employs the plea withdrawal framework from criminal law cases to plea withdrawals in termination of parental rights cases. The circuit court must engage the parent in a colloquy to ensure that the plea is knowing, voluntary, and intelligent. That colloquy is governed by the requirements of sub. (7) and notions of due process. State v. B.W., 2024 WI 28, 412 Wis. 2d 364, 8 N.W.3d 22, 221329. Due process does not require appointment of counsel for indigent parents in every parental status termination proceeding. Lassiter v. Department of Social Services, 452 U.S. 18, 101 S. Ct. 2153, 68 L. Ed. 2d 640 (1981). Judge or Jury? How Best to Preserve Due Process in Wisconsin Termination of Parental Rights Cases. Bloodworth. 2013 WLR 1039.

48.423 Rights of persons alleging paternity. (1) RIGHTS TO PATERNITY DETERMINATION. If a person appears at the hearing and claims that he is the father of the child, the court shall set a date for a hearing on the issue of paternity or, if all parties agree, the court may immediately commence hearing testimony concerning the issue of paternity. The court shall inform the person claiming to be the father of the child of any right to counsel under s. 48.23. The person claiming to be the father of the child must prove paternity by clear and convincing evidence. A person who establishes his paternity of the child under this section may further participate in the termination of parental rights proceeding only if the person meets the conditions specified in sub. (2) or meets a condition specified in s. 48.42 (2) (b) or (bm). (2) RIGHTS OF OUT-OF-STATE FATHERS. A person who may

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be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity has not been established may contest the petition, present evidence relevant to the issue of disposition, and make alternative dispositional recommendations if the person appears at the hearing, establishes paternity under sub. (1), and proves all of the following by a preponderance of the evidence: (a) That the person resides and has resided in another state where the mother of the child resided or was located at the time of or after the conception of the child. (b) That the mother left that state without notifying or informing that person that she could be located in this state. (c) That the person attempted to locate the mother through every reasonable means, but did not know or have reason to know that the mother was residing or located in this state. (d) That the person has complied with the requirements of the state where the mother previously resided or was located to protect and preserve his paternal interests in matters affecting the child. History: 1979 c. 330; 2005 a. 293; 2007 a. 96, 97.

48.424 Fact-finding hearing. (1) The purpose of the factfinding hearing is to determine in cases in which the petition was contested at the hearing on the petition under s. 48.422 all of the following: (a) Whether grounds exist for the termination of parental rights. (b) Whether the allegations specified in s. 48.42 (1) (e) have been proved in cases involving the involuntary termination of parental rights to an Indian child. (2) The fact-finding hearing shall be conducted according to the procedure specified in s. 48.31 except as follows: (a) The court may exclude the child from the hearing. (b) The hearing shall be closed to the public. (3) If the facts are determined by a jury, the jury may only decide whether any grounds for the termination of parental rights have been proved and whether the allegations specified in s. 48.42 (1) (e) have been proved in cases involving the involuntary termination of parental rights to an Indian child. The court shall decide what disposition is in the best interest of the child. (4) If grounds for the termination of parental rights are found by the court or jury, the court shall find the parent unfit. A finding of unfitness shall not preclude a dismissal of a petition under s. 48.427 (2). Except as provided in s. 48.23 (2) (b) 3., the court shall then proceed immediately to hear evidence and motions related to the dispositions enumerated in s. 48.427. Except as provided in s. 48.42 (2g) (ag), the court may delay making the disposition and set a date for a dispositional hearing no later than 45 days after the fact-finding hearing if any of the following apply: (a) All parties to the proceeding agree. (b) The court has not yet received a report to the court on the history of the child as provided in s. 48.425 and the court now orders an agency enumerated in s. 48.069 (1) or (2) to file that report with the court, or, in the case of an Indian child, now orders that agency or requests the tribal child welfare department of the Indian child’s tribe to file such a report, before the court makes the disposition on the petition. (5) If the court delays making a permanent disposition under sub. (4), it may transfer temporary custody of the child to an agency for placement of the child until the dispositional hearing. Placement of an Indian child under this subsection shall comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the agency finds good

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cause, as described in s. 48.028 (7) (e), for departing from that order. History: 1979 c. 330; 1987 a. 383; 2009 a. 94; 2013 a. 337. Although the best interests of the child standard does not apply to the fact-finding hearing, the guardian ad litem can represent the interests of the child to develop the facts as they relate to whether the grounds for termination exist. When a jury is the fact-finder, the guardian ad litem should be permitted to exercise peremptory challenges in jury selection. Waukesha County Department of Social Services v. C.E.W., 124 Wis. 2d 47, 368 N.W.2d 47 (1985). Despite jury findings that grounds for termination exist, the court may dismiss a termination petition if evidence does not support the jury’s finding or if the evidence of unfitness is not so egregious as to warrant termination; whether the evidence supports termination is a matter of discretion. B.L.J. v. Polk County Department of Social Services, 163 Wis. 2d 90, 470 N.W.2d 914 (1991). Once a basis for termination has been found by the jury and confirmed with a finding of unfitness by the court, the court must move to the dispositional hearing in which the prevailing factor is the best interests of the child. A court should not dismiss a petition for termination at a dispositional hearing unless it can reconcile dismissal with the best interests of the child. Sheboygan County Department of Health & Human Services v. Julie A.B., 2002 WI 95, 255 Wis. 2d 170, 648 N.W.2d 402, 01-1692. While not required, circuit courts in termination of parental rights proceedings are urged to consider personally engaging the parent in a colloquy explaining that a stipulation to an element withdraws that element from the jury’s consideration and determining that the withdrawal of that element from the jury is knowing and voluntary. Walworth County Department of Health & Human Services v. Andrea L.O., 2008 WI 46, 309 Wis. 2d 161, 749 N.W.2d 168, 07-0008. A parent was deprived of the right to a jury trial when the court, rather than the jury, answered one of the verdict questions on an element of parental unfitness. Although counsel had stipulated that the element was satisfied, the parent had not agreed to the stipulation in open court, the required documentary evidence of the element was missing from the record, and the evidence adduced was not so “ample” as to make the element “undisputed and undisputable.” Manitowoc County Human Services Department v. Allen J., 2008 WI App 137, 314 Wis. 2d 100, 757 N.W.2d 842, 07-1494. The circuit court is not obligated to inform the parent that by pleading no contest to grounds for termination the parent is waiving the constitutional right to parent or that the right to parent is a constitutional right. What is important is that the parent understands the import of the rights at stake rather than the sources from which they are derived. For a knowing, voluntary, and intelligent plea, the parent must be informed of the two independent dispositions available to the circuit court, dismissing the petition and terminating parental rights. Brown County Department of Human Services v. Brenda B., 2011 WI 6, 331 Wis. 2d 310, 795 N.W.2d 730, 10-0321. Contrary to the Child’s Best Interest: Jury Trials in Children’s Court Proceedings. Sowinski & Wiensch. Wis. Law. Apr. 2013.

48.425 Court report by an agency. (1) If the court orders an agency enumerated under s. 48.069 (1) or (2) to file a report under s. 48.422 (8) or 48.424 (4) (b) or requests the tribal child welfare department of an Indian child’s tribe to file such a report, the agency or tribal child welfare department, if that department consents, shall file a report with the court which shall include: (a) The social history of the child. (am) A medical record of the child on a form provided by the department which shall include: 1. The medical and genetic history of the birth parents and any medical and genetic information furnished by the birth parents about the child’s grandparents, aunts, uncles, brothers and sisters. 2. A report of any medical examination which either birth parent had within one year before the date of the petition. 3. A report describing the child’s prenatal care and medical condition at birth. 4. The medical and genetic history of the child and any other relevant medical and genetic information. (b) A statement of the facts supporting the need for termination. (c) If the child has been previously adjudicated to be in need of protection and services, a statement of the steps the agency or person responsible for provision of services has taken to remedy the conditions responsible for court intervention and the parent’s response to and cooperation with these services. If the child has been removed from the home, the report shall also include a statement of the reasons why the child cannot be returned safely to the family and the steps the person or agency has taken to effect this return. If a permanency plan has previously been prepared for the child, the report shall also include specific information showing

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that the agency primarily responsible for providing services to the child has made reasonable efforts to achieve the goal of the child’s permanency plan, including, if appropriate, through an out-of-state placement. (cm) If the petition is seeking the involuntary termination of parental rights to an Indian child, specific information showing that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (e) 1. and, if the Indian child has previously been adjudged to be in need of protection or services, specific information showing that active efforts under s. 48.028 (4) (e) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. (d) A statement of other appropriate services, if any, which might allow the child to return safely to the home of the parent. (e) A statement applying the standards and factors enumerated in s. 48.426 (2) and (3) to the case before the court. (f) If the report recommends that the parental rights of both of the child’s parents or the child’s only living or known parent are to be terminated, the report shall contain a statement of the likelihood that the child will be adopted. This statement shall be prepared by an agency designated in s. 48.427 (3m) (a) 1. to 4. or (am) and include a presentation of the factors that might prevent adoption, those that would facilitate adoption, and the agency that would be responsible for accomplishing the adoption. (g) If an agency designated under s. 48.427 (3m) (a) 1. to 4. or (am) determines that it is unlikely that the child will be adopted, or if adoption would not be in the best interests of the child, the report shall include a plan for placing the child in a permanent family setting. The plan shall include a recommendation as to the agency to be named guardian of the child, a recommendation that the person appointed as the guardian of the child under s. 48.977 (2) continue to be the guardian of the child, or a recommendation that a guardian be appointed for the child under s. 48.977 (2). (1m) The agency required under sub. (1) to file the report shall prepare the medical record within 60 days after the date of the petition for the termination of parental rights. (2) The court may waive the report required under this section if consent is given under s. 48.41, but shall order the birth parent or parents to provide the department with the information specified under sub. (1) (am). (3) The court may order a report as specified under this section to be prepared by an agency in those cases where the petition is filed by someone other than an agency. History: 1979 c. 330; 1981 c. 81 s. 33; 1981 c. 359; 1983 a. 471; 1985 a. 176; 1995 a. 275; 1997 a. 237; 2005 a. 25, 232; 2007 a. 20; 2009 a. 79, 94.

48.426 Standard and factors. (1) COURT CONSIDERATIONS. In making a decision about the appropriate disposition under s. 48.427, the court shall consider the standard and factors enumerated in this section and any report submitted by an agency under s. 48.425. (2) STANDARD. The best interests of the child shall be the prevailing factor considered by the court in determining the disposition of all proceedings under this subchapter. (3) FACTORS. In considering the best interests of the child under this section the court shall consider but not be limited to the following: (a) The likelihood of the child’s adoption after termination. (b) The age and health of the child, both at the time of the disposition and, if applicable, at the time the child was removed from the home. (c) Whether the child has substantial relationships with the parent or other family members, and whether it would be harmful to the child to sever these relationships.

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(d) The wishes of the child. (e) The duration of the separation of the parent from the child. (f) Whether the child will be able to enter into a more stable and permanent family relationship as a result of the termination, taking into account the conditions of the child’s current placement, the likelihood of future placements and the results of prior placements. History: 1979 c. 330. When grandparents opposing termination had a substantial relationship with the child and wished to participate in the proceedings, it was error to exclude their testimony in determining the child’s best interest. David S. v. Laura S., 179 Wis. 2d 114, 507 N.W.2d 94 (1993). A termination of parental rights works a legal severance of the relationship between the child and the child’s birth family. Sub. (3) (c) requires an examination of the harmful effect of the legal severance on the child’s relationships with the birth family. The court may consider an adoptive parent’s promise to continue the relationship, but it is not bound to hinge its determination on that legally unenforceable promise. State v. Margaret H., 2000 WI 42, 234 Wis. 2d 606, 610 N.W.2d 475, 991441. At the plea hearing in this case, the circuit court properly informed the parent that the prevailing factor at disposition is the statutory standard under sub. (2): “the best interests of the child.” While the court did explain that the parent would have the “same rights” at the dispositional phase as the parent had at the grounds phase, the court never referred to the burden of proof at the grounds phase as a “right.” The record reflects that the circuit court did not characterize the clear and convincing burden of proof applicable at grounds as a trial right that would be applicable at disposition. State v. B.W., 2024 WI 28, 412 Wis. 2d 364, 8 N.W.3d 22, 22-1329. The best interests of the child factor governing the dispositional phase of a termination of parental rights proceeding constitutes a discretionary determination by the circuit court, and the statute places no burden of proof on a particular party. State v. H.C., 2025 WI 20, 416 Wis. 2d 233, 21 N.W.3d 330, 23-1950.

48.427 Dispositions. (1) Any party may present evidence relevant to the issue of disposition, including expert testimony, and may make alternative dispositional recommendations to the court. After receiving any evidence related to the disposition, the court shall enter one of the dispositions specified under subs. (2) to (3p) within 10 days. (1m) In addition to any evidence presented under sub. (1), the court shall give the foster parent or other physical custodian described in s. 48.62 (2) of the child a right to be heard at the dispositional hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the dispositional hearing, or to submit a written statement prior to disposition, relevant to the issue of disposition. A foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) 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. (2) The court may dismiss the petition if it finds that the evidence does not warrant the termination of parental rights. (3) The court may enter an order terminating the parental rights of one or both parents. (3m) If the rights of both parents or of the only living parent are terminated under sub. (3) and if a guardian has not been appointed under s. 48.977, the court shall do one of the following: (a) Transfer guardianship and custody of the child pending adoptive placement to: 1. A county department authorized to accept guardianship under s. 48.57 (1) (e). 3. A child welfare agency licensed under s. 48.61 (5) to accept guardianship. 4. The department. 5. A relative with whom the child resides, if the relative has filed a petition to adopt the child or if the relative is a kinship care provider or is receiving payments under s. 48.62 (4) for providing care and maintenance for the child. 6. An individual who has been appointed guardian of the child by a court of a foreign jurisdiction. (am) Transfer guardianship and custody of the child to a

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county department authorized to accept guardianship under s. 48.57 (1) (hm) for placement of the child for adoption by the child’s foster parent, if the county department has agreed to accept guardianship and custody of the child and the foster parent has agreed to adopt the child. (b) Transfer guardianship of the child to one of the agencies specified under par. (a) 1. to 4. and custody of the child to an individual in whose home the child has resided for at least 12 consecutive months immediately prior to the termination of parental rights or to a relative. (c) Appoint a guardian under s. 48.977 and transfer guardianship and custody of the child to the guardian. (3p) If the rights of both parents or of the only living parent are terminated under sub. (3) and if a guardian has been appointed under s. 48.977, the court may enter one of the orders specified in sub. (3m) (a) or (b). If the court enters an order under this subsection, the court shall terminate the guardianship under s. 48.977. (5) In placing an Indian child in a preadoptive placement following a transfer of guardianship and custody under sub. (3m) or (3p), the court or an agency specified in sub. (3m) (a) 1. to 4. or (am) shall comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court or agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order. (6) If an order is entered under sub. (3), the court shall: (a) Inform each birth parent, as defined under s. 48.432 (1) (am), whose rights have been terminated of the provisions of ss. 48.432, 48.433 and 48.434. (b) Forward to the department: 1. The name and date of birth of the child whose birth parent’s rights have been terminated. 2. The names and current addresses of the child’s birth parents, guardian and legal custodian. 3. The medical and genetic information obtained under s. 48.422 (9) or 48.425 (1) (am) or (2). 4. If the court knows or has reason to know that the child is an Indian child, information relating to the child’s membership or eligibility for membership in an Indian tribe. (7) (a) If an order is entered under sub. (3), the court may orally inform the parent or parents who appear in court of the ground for termination of parental rights specified in s. 48.415 (10). (b) In addition to the notice permitted under par. (a), any written order under sub. (3) may notify the parent or parents of the information specified in par. (a). History: 1979 c. 330; 1981 c. 81, 359; 1985 a. 70, 176; 1995 a. 275, 289; 1997 a. 80, 104, 237; 2005 a. 25, 232; 2009 a. 28, 79, 94; 2015 a. 128; 2023 a. 119. Once a basis for termination has been found by the jury and confirmed with a finding of unfitness by the court, the court must move to the dispositional hearing in which the prevailing factor is the best interests of the child. A court should not dismiss a petition for termination at a dispositional hearing unless it can reconcile dismissal with the best interests of the child. Sheboygan County Department of Health & Human Services v. Julie A.B., 2002 WI 95, 255 Wis. 2d 170, 648 N.W.2d 402, 01-1692. The ten-day time limit in sub. (1) addressed a period after the circuit court made the final decisions that served to terminate parental rights of the child and put the child in a position to be adopted. There was no reason why, after all critical stages within the adjudication process were complete, and the court had made the required rulings, failure to enter a written order implicated the court’s competency. Dane County Department of Human Services v. Dyanne M., 2007 WI App 129, 301 Wis. 2d 731, 731 N.W.2d 360, 06-2919. Sub. (1) provides that a court must enter one of the dispositions specified under subs. (2) to (4). Nevertheless, the court cannot simply enter one of the dispositions set forth in sub. (3m), (3p), or (4). Rather, it must first enter a disposition terminating parental rights under sub. (3). Brown County Department of Human Services v. Brenda B., 2011 WI 6, 331 Wis. 2d 310, 795 N.W.2d 730, 10-0321.

48.43 Court orders; contents and effect; review. (1) The court shall enter a judgment setting forth its findings and dis-

Updated 23-24 Wis. Stats.

position in accordance with s. 48.426 in an order implementing the disposition chosen. If the court dismisses the petition under s. 48.427 (2), the order shall contain the reasons for dismissal. If the disposition is for the termination of parental rights under s. 48.427 (3), the order shall contain all of the following: (a) The identity of any agency or individual that has received guardianship of the child or will receive guardianship or custody of the child upon termination and the identity of the agency which will be responsible for securing the adoption of the child or establishing the child in a permanent family setting. (am) If the department or a county department receives guardianship or custody of the child under par. (a), an order ordering the child into 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 primary responsibility for providing services to the child. (b) If the child will be in need of continued care and treatment after termination, the agencies and persons responsible. (c) If an agency receives custody of the child under par. (a), the child’s permanency plan prepared under s. 48.38 by the agency. If a permanency plan has not been prepared at the time the order is entered, or if the court enters an order that is not consistent with the permanency plan, the agency shall prepare a permanency plan that is consistent with the order or revise the permanency plan to conform to the order and shall file the plan with the court within 60 days from the date of the order. (cm) If a permanency plan has previously been prepared for the child, a finding as to whether the agency primarily responsible for providing services to the child has made reasonable efforts to achieve the permanency goal of the child’s permanency plan, including, if appropriate, through an out-of-state placement. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the order. An order that merely references this paragraph without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this paragraph is not sufficient to comply with this paragraph. (d) A finding that the termination of parental rights is in the best interests of the child. (2) An order terminating parental rights permanently severs all legal rights and duties between the parent whose parental rights are terminated and the child and between the child and all persons whose relationship to the child is derived through that parent, except as follows: (a) The relationship between the child and his or her siblings is not severed until that relationship is extinguished by an order of adoption as provided in s. 48.92 (2). (b) A relative whose relationship to the child is derived through the parent whose parental rights are terminated is considered to be a relative of the child for purposes of placement of, and permanency planning for, the child until that relationship is extinguished by an order of adoption as provided in s. 48.92 (2). (3) If only one parent consents under s. 48.41 or if the grounds specified in s. 48.415 are found to exist as to only one parent, the rights of only that parent may be terminated without affecting the rights of the other parent. (4) A certified copy of the order terminating parental rights shall be furnished by the court to the agency given guardianship for placement for adoption of the child or to the person appointed as the guardian of the child under s. 48.977 (2). The court shall, upon request, furnish a certified copy of the child’s birth certificate and a transcript of the testimony in the termination of parental rights hearing to the same person or agency.

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(5) (a) If the custodian specified in sub. (1) (a) is an agency, the agency shall report to the court on the status of the child at least once each year until the child is adopted or reaches 18 years of age, whichever is sooner. The agency shall file an annual report no less than 30 days before the anniversary of the date of the order. An agency may file an additional report at any time if it determines that more frequent reporting is appropriate. A report shall summarize the child’s permanency plan and the recommendations of the review panel under s. 48.38 (5), if any, and shall describe any progress that has been made in finding a permanent placement for the child. (b) 1. The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (a). At least 10 days before the date of the hearing, the court shall provide notice of the time, place, and purpose of the hearing to the agency that prepared the report, the child’s guardian, the child, and the child’s foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living. 2. If the child’s permanency plan includes a statement under s. 48.38 (4) (i) indicating that the child’s age and developmental level are sufficient for the court to consult with the child regarding the child’s permanency plan or if, notwithstanding a decision under s. 48.38 (4) (i) that it would not be appropriate for the court to consult with the child, the court determines that consultation with the child would be in the best interests of the child, the court shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child’s permanency plan and any other matters the court finds appropriate. If none of those circumstances apply, the court may permit the child’s caseworker, the child’s counsel, or, subject to s. 48.235 (3) (a), the child’s guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the child’s wishes, goals, and concerns regarding the permanency plan and those matters. If the court permits such a written or oral statement to be made or submitted, the court may nonetheless require the child’s presence at the hearing. 2m. If the permanency goal of the child’s permanency plan is placement of the child in a planned permanent living arrangement described in ss. 48.38 (4) (fg) 5., the agency that prepared the report shall present to the court specific information showing that intensive and ongoing efforts were made by the agency, including searching social media, to return the child to the child’s home or to place the child for adoption, with a guardian, or with a fit and willing relative and that those efforts have proved unsuccessful and specific information showing the steps taken by the agency, including consultation with the child, to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities and to ensure that the child’s caregiver is applying the reasonable and prudent parent standard to decisions concerning the child’s participation in those activities. In addition, at the hearing the court shall consult with the child about the permanency outcome desired by the child. 3. The court shall give a foster parent, operator of a facility, or relative or like-kin who is notified of a hearing under subd. 1. a right to be heard at the hearing by permitting the foster parent, operator, or relative or like-kin to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, operator of a facility, or relative or like-kin 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. (bm) If the order under sub. (1) involuntarily terminated parental rights to an Indian child, the court shall also provide no-

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tice of the hearing under par. (b) to the Indian child’s tribe in the manner specified in s. 48.028 (4) (a). No hearing may be held under par. (b) until at least 10 days after receipt of notice of the hearing by the Indian child’s tribe or, if the identity or location of the Indian child’s tribe cannot be determined, until at least 15 days after receipt of notice of the hearing by the U.S. secretary of the interior. On request of the Indian child’s tribe, the court shall grant a continuance of up to 20 additional days to enable the tribe to prepare for the hearing. (c) Following the hearing, the court shall make all of the determinations specified under s. 48.38 (5) (c), except the determinations relating to the child’s parents. The court may amend the order under sub. (1) to transfer the child’s guardianship and custody to any agency specified under s. 48.427 (3m) (a) 1. to 4. or (am) that consents to the transfer, if the court determines that the transfer is in the child’s best interest. If an Indian child’s guardianship and custody are transferred under this paragraph, the agency consenting to the transfer shall comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) in placing the child, unless the agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order. If an order is amended, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order. (5m) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over, to the child’s guardian, to the child’s foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living, and, if the order under sub. (1) involuntarily terminated parental rights to an Indian child, to the Indian child’s tribe. (6) (a) Judgments under this subchapter terminating parental rights are final and are appealable under s. 808.03 (1) according to the procedure specified in s. 809.107 and are subject to a petition for rehearing or a motion for relief only as provided in s. 48.46 (1m) and (2) and, in the case of an Indian child, s. 48.028 (5) (c) and (6). The attorney representing a person during a proceeding under this subchapter shall continue representation of that person by filing a notice of intent to appeal under s. 809.107 (2), unless the attorney has been previously discharged during the proceeding by the person or by the trial court. (b) The mother of a child who completes an affidavit under s. 48.42 (1g) may not collaterally attack a judgment terminating parental rights on the basis that the father of the child was not correctly identified. (c) Except as provided in s. 48.028 (5) (c) and (6), in no event may any person, for any reason, collaterally attack a judgment terminating parental rights more than one year after the date on which the period for filing an appeal from the judgment has expired, or more than one year after the date on which all appeals from the judgment, if any were filed, have been decided, whichever is later. (6m) If a person whose parental rights are terminated is present in court when the court grants the order terminating those rights, the court shall provide written notification to the person of the time periods for appeal of the judgment. The person shall sign the written notification, indicating that he or she has been notified of the time periods for filing an appeal under ss. 808.04 (7m) and 809.107. The person’s counsel shall file a copy of the signed, written notification with the court on the date on which the judgment is granted. (7) (a) If the agency specified under sub. (1) (a) is the department, the department shall seek a permanent adoptive placement

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for the child or seek to enter into a subsidized guardianship agreement under s. 48.623 (2) with a proposed guardian of the child and petition the court for the appointment of that individual as the guardian of the child under s. 48.977 (2). (b) If a permanent adoptive or subsidized guardianship placement is not in progress 2 years after entry of the order, the department may petition the court to transfer legal custody of the child to a county department, except that the department may not petition the court to transfer to a county department legal custody of a child who was initially taken into custody under s. 48.195 (1m). The court shall transfer the child’s legal custody to the county department specified in the petition. The department shall remain the child’s guardian. History: 1979 c. 330; 1983 a. 27, 219, 286; 1985 a. 70, 176, 332; Sup. Ct. Order, 136 Wis. 2d xxv (1987); 1987 a. 383; 1993 a. 395, 446; 1995 a. 275; 1997 a. 237; 2005 a. 232, 293, 296; 2007 a. 20, 199; 2009 a. 28, 79, 94; 2011 a. 181, 258; 2013 a. 20, 165; 2015 a. 128; 2023 a. 79, 119. Parents whose rights have been terminated do not inherit from a child; the child’s siblings, whether parental rights as to them have been terminated or not, are the child’s heirs. Black v. Pamanet, 46 Wis. 2d 514, 175 N.W.2d 234 (1970). The appeal process in a termination case must be commenced within 30 days after the order is entered. De Luna v. Racine County Human Services Department, 106 Wis. 2d 126, 315 N.W.2d 365 (1982). Termination has the same effect on relationships between members of the biological parents’ families and the child as it has on the parent-child relationship. Equitable considerations did not form a basis to allow biological grandparents to obtain visitation rights after termination and adoption. Elgin W. v. DHFS, 221 Wis. 2d 36, 584 N.W.2d 195 (Ct. App. 1998), 97-3595.

48.432 Access to medical information. (1) In this section: (a) “Adoptee” means a person who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982. (ag) “Agency” means a county department or a licensed child welfare agency. (am) “Birth parent” means either: 1. The mother designated on the individual’s or adoptee’s original birth record. 2. One of the following: a. The adjudicated father. b. If there is no adjudicated father, the husband of the mother at the time the individual or adoptee is conceived or born, or when the parents intermarry under s. 767.803. (b) “Individual” means a person whose birth parent’s rights have been terminated in this state at any time. (2) (a) The department, or agency contracted with under sub. (9), shall maintain all information obtained under s. 48.427 (6) (b) in a centralized birth record file. (b) Any birth parent whose rights to a child have been terminated in this state at any time, or who consented to the adoption of a child before February 1, 1982, may file with the department, or agency contracted with under sub. (9), any relevant medical or genetic information about the child or the child’s birth parents, and the department or agency shall maintain the information in the centralized birth record file. (3) (a) The department, or agency contracted with under sub. (9), shall release the medical information under sub. (2) to any of the following persons upon request: 1. An individual or adoptee 18 years of age or older. 2. An adoptive parent of an adoptee. 3. The guardian or legal custodian of an individual or adoptee. 4. The offspring of an individual or adoptee if the requester is 18 years of age or older. 4m. The parent, guardian, or legal custodian of an offspring of a deceased individual or adoptee, if the offspring is under 18 years of age.

Updated 23-24 Wis. Stats. 100 5. An agency or social worker assigned to provide services to the individual or adoptee or place the individual for adoption. (b) Before releasing the information under par. (a), the department, or agency contracted with under sub. (9), shall delete the name and address of the birth parent and the identity of any provider of health care to the individual or adoptee or to the birth parent. (c) The person making a request under this subsection shall pay a fee for the cost of locating, verifying, purging, summarizing, copying and mailing the medical or genetic information according to a fee schedule established by the department, or agency contracted with under sub. (9), based on ability to pay. The fee may not be more than $150 and may be waived by the department or agency. (4) (a) Whenever any person specified under sub. (3) wishes to obtain medical and genetic information about an individual whose birth parent’s rights have been terminated in this state at any time, or whose birth parent consented to his or her adoption before February 1, 1982, or medical and genetic information about the birth parents of such an individual or adoptee, and the information is not on file with the department, or agency contracted with under sub. (9), the person may request that the department or agency conduct a search for the birth parents to obtain the information. (b) Upon receipt of a request under par. (a), the department, or agency contracted with under sub. (9), shall undertake a diligent search for the individual’s or adoptee’s parents. (c) Employees of the department and any agency conducting a search under this subsection may not inform any person other than the birth parents of the purpose of the search. (d) The department, or agency contracted with under sub. (9), shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search. (e) The department or agency conducting the search shall, upon locating a birth parent, notify him or her of the request and of the need for medical and genetic information. (f) The department, or agency contracted with under sub. (9), shall release to the requester any medical or genetic information provided by a birth parent under this subsection without disclosing the birth parent’s identity or location. (g) If a birth parent is located but refuses to provide the information requested, the department, or agency contracted with under sub. (9), shall notify the requester, without disclosing the birth parent’s identity or location, and the requester may petition the circuit court to order the birth parent to disclose the information. The court shall grant the motion for good cause shown. (7) (a) If the department or another agency that maintains records relating to the adoption of an adoptee or the termination of parental rights receives a report from a physician stating that a birth parent or another offspring of the birth parent has acquired or may have a genetically transferable disease, the department or agency shall notify the individual or adoptee of the existence of the disease, if he or she is 18 years of age or over, or notify the individual’s or adoptee’s guardian, custodian or adoptive parent if the individual or adoptee is under age 18. (b) If the department or agency receives a report from a physician that an individual or adoptee has acquired or may have a genetically transferable disease, the department or agency shall notify the individual’s or adoptee’s birth parent of the existence of the disease.

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(c) Notice under par. (a) or (b) shall be sent to the most recent address on file with the agency or the department. (8) Any person, including this state or any political subdivision of this state, who participates in good faith in any requirement of this section shall have immunity from any liability, civil or criminal, that results from his or her actions. In any proceeding, civil or criminal, the good faith of any person participating in the requirements of this section shall be presumed. (8m) The department, or agency contracted with under sub. (9), shall give priority to all of the following: (a) Reports filed by physicians under sub. (7). (b) A request or a court order for medical or genetic information under subs. (3) and (4) if it is accompanied by a statement from a physician certifying that a child has acquired or may have a genetically transferable disease. (c) Any reports and requests specified by the department by rule. (9) The department shall promulgate rules to implement this section and may contract with an agency to administer this section. History: 1981 c. 359; 1983 a. 447, 471; 1985 a. 176; 1985 a. 332 s. 251 (1); 1989 a. 31; 1995 a. 27; 2005 a. 443 s. 265; 2015 a. 134; 2017 a. 334. Cross-reference: See also ch. DCF 53, Wis. adm. code.

48.433 Access to identifying information about parents. (1) In this section: (a) “Agency” has the meaning given under s. 48.432 (1) (ag). (b) “Birth parent” has the meaning given under s. 48.432 (1) (am). (2) Any birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may file with the department, or agency contracted with under sub. (11), an affidavit authorizing the department or agency to provide the child with his or her original birth certificate and with any other available information about the birth parent’s identity and location. An affidavit filed under this subsection may be revoked at any time by notifying the department or agency in writing. (3) Any person 18 years of age or over whose birth parent’s rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982, may request the department, or agency contracted with under sub. (11), to provide the person with the following: (a) The person’s original birth certificate. (b) Any available information regarding the identity and location of his or her birth parents. (4) Before acting on a request under sub. (3), the department, or agency contracted with under sub. (11), shall require the requester to provide adequate identification. (5) The department, or agency contracted with under sub. (11), shall disclose the requested information under sub. (3) in either of the following circumstances: (a) The department, or agency contracted with under sub. (11), has on file unrevoked affidavits filed under sub. (2) from both birth parents. (b) One of the birth parents was unknown at the time of the proceeding for termination of parental rights or consent adoption and the known birth parent has filed an unrevoked affidavit under sub. (2). (6) (a) If the department, or agency contracted with under sub. (11), does not have on file an affidavit from each known birth parent, it shall, within 3 months after the date of the original request under sub. (3), undertake a diligent search for each birth

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parent who has not filed an affidavit. The search shall be completed within 6 months after the date of the request, unless the search falls within one of the exceptions established by the department by rule. If any information has been provided under sub. (5), the department or agency is not required to conduct a search. (c) Employees of the department and any agency conducting a search under this subsection may not inform any person other than the birth parents of the purpose of the search. (d) The department, or agency contracted with under sub. (11), shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search. (7) (a) The department or agency conducting the search under sub. (6) shall, upon locating a birth parent, make at least one verbal contact and notify him or her of the following: 1. The nature of the information requested. 2. The date of the request. 3. The fact that the birth parent has the right to file with the department the affidavit under sub. (2). (b) Within 3 working days after contacting a birth parent, the department, or agency contracted with under sub. (11), shall send the birth parent a written copy of the information specified under par. (a) and a blank copy of the affidavit. (c) If the birth parent files the affidavit, the department, or agency contracted with under sub. (11), shall disclose the requested information if permitted under sub. (5). (d) If the department or an agency has contacted a birth parent under this subsection, and the birth parent does not file the affidavit, the department may not disclose the requested information. (e) If, after a search under this subsection, a known birth parent cannot be located, the department, or agency contracted with under sub. (11), may disclose the requested information if the other birth parent has filed an unrevoked affidavit under sub. (2). (f) The department or agency conducting a search under this subsection may not contact a birth parent again on behalf of the same requester until at least 12 months after the date of the previous contact. Further contacts with a birth parent under this subsection on behalf of the same requester may be made only if 5 years have elapsed since the date of the last contact. (8) (a) If a birth parent of a requester under sub. (3) is known to be deceased, the department, or agency contracted with under sub. (11), shall so inform the requester. The department or agency shall provide the requester with the identity of the deceased parent. If both birth parents are known to be deceased, the department or agency shall provide the requester with his or her original birth certificate. If only one birth parent is known to be deceased, the department or agency shall provide the requester with his or her original birth certificate and any available information it has on file regarding the identity and location of the other birth parent if the other birth parent has filed an unrevoked affidavit under sub. (2). (b) If a birth parent of a requester under sub. (3) is known to be dead, the department, or agency contracted with under sub. (11), in addition to the information provided under par. (a), shall provide the requester with any nonidentifying social history information about the deceased parent on file with the department or agency. (8g) (a) In this subsection, “offspring” means an adult who is the child of a person whose birth parents’ parental rights have been terminated in this state or who has been adopted in this state

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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with the consent of his or her birth parent or parents before February 1, 1982. (b) Subject to par. (c), an offspring may request the department, or agency contracted with under sub. (11), to provide the offspring with the following: 1. The original birth certificate of the offspring’s parent. 2. Any available information regarding the identity of the birth parents of the offspring’s parent. (c) Before acting on a request under par. (b), the department, or agency contracted with under sub. (11), shall require the requester to provide adequate identification of himself or herself and documentation of his or her relationship to the deceased parent. (d) The department, or agency contracted with under sub. (11), shall disclose the information requested under par. (b) if the offspring’s parent and both birth parents of the offspring’s parent are deceased. (8m) If the department, or agency contracted with under sub. (11), may not disclose the information requested under this section, it shall provide the requester with any nonidentifying social history information about either of the birth parents that it has on file. (8r) (a) In this subsection, “birth parent” has the meaning given in s. 48.432 (1) (am) and includes any other person who may be the person’s biological parent and whose parental rights have been terminated. (b) Any person 18 years of age or over whose birth parent’s rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982, may file with the department, or agency contracted with under sub. (11), an affidavit authorizing the department or agency to provide the person’s birth parent with any available information about the identity and location of the person. An affidavit filed under this subsection may be revoked at any time by notifying the department or agency in writing. (c) Any birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may request the department, or agency contracted with under sub. (11), to provide him or her with any available information about the identity and location of any person 18 years of age or over who was or may have been his or her child. Before acting on the request, the department or agency shall require the requester to provide adequate identification. (d) If the department, or agency contracted with under sub. (11), has on file an unrevoked affidavit filed under par. (a) by a person 18 years of age or over who was or may have been a child of the requester, the department or agency shall disclose the information requested under par. (b) related to the person who filed the affidavit. In disclosing information under this paragraph, the department or agency may not disclose any information that would reveal the identity or location of a birth parent other than the birth parent requesting the information. (9) The requester may petition the circuit court to order the department or agency designated by the department to disclose any information that may not be disclosed under this section. The court shall grant the petition for good cause shown. (10) Any person, including this state or any political subdivision of this state, who participates in good faith in any requirement of this section shall have immunity from any liability, civil or criminal, that results from his or her actions. In any proceeding, civil or criminal, the good faith of any person participating in the requirements of this section shall be presumed. (11) The department shall promulgate rules to implement this

Updated 23-24 Wis. Stats. 102 section and may contract with an agency to administer this section. History: 1981 c. 359, 391; 1983 a. 471; 1985 a. 176; 1985 a. 332 s. 251 (1); 1989 a. 31; 1995 a. 27; 2005 a. 343; 2015 a. 134; 2021 a. 150. Cross-reference: See also ch. DCF 53, Wis. adm. code.

48.434 Release of identifying information by an agency when authorization is granted. (1) In this section: (a) “Adoptive parent” means a person who has adopted a child in this state or who has adopted in another state a child who was placed for adoption with that person in this state. (b) “Birth parent” has the meaning given under s. 48.432 (1) (am). (2) Any birth parent of a child may file with the agency that placed the child for adoption under s. 48.833 or that was appointed the guardian of the child under s. 48.837 (6) (d) a written authorization for the agency to release any available information about the birth parent’s identity and location to one or both adoptive parents of the child. (3) Any adoptive parent of a child may file with the agency that placed the child for adoption under s. 48.833 or that was appointed the guardian of the child under s. 48.837 (6) (d) a written authorization for the agency to release any available information about the adoptive parent’s identity and location to one or both birth parents of the child. (4) A written authorization filed under sub. (2) or (3) may be revoked at any time by notifying the agency in writing. (5) Upon the request of an adoptive parent of a child, the agency receiving the request shall provide to the adoptive parent any available information about the identity and location of a birth parent of the child if the agency has on file an unrevoked written authorization filed by that birth parent under sub. (2) authorizing the release of that information to the adoptive parent. (6) Upon the request of a birth parent of a child, the agency receiving the request shall provide to the birth parent any available information about the identity and location of an adoptive parent of the child if the agency has on file an unrevoked written authorization filed by that adoptive parent under sub. (3) authorizing the release of that information to the birth parent. (7) This section does not apply if the adopted child is 21 years of age or over. (8) Any person, including this state or any political subdivision of this state, who participates in good faith in any requirement of this section shall have immunity from any liability, civil or criminal, that results from his or her actions. In any proceeding, civil or criminal, the good faith of any person participating in the requirements of this section shall be presumed. (9) An agency may assess a reasonable fee for responding to a request for information or a request to file a written authorization under this section. (10) No agency may contact any person for the purpose of determining whether the person wishes to authorize the agency to release information under this section. An agency may contact the birth parent or adoptive parent of a child who was adopted before April 29, 1998, one time, by mail, to inform them of the procedure by which identifying information may be released under this section. (11) A written authorization filed with an agency under this section shall be notarized. History: 1997 a. 104; 2021 a. 239. NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.

48.435 Custody of children. The mother of a nonmarital

May 22, 2026, are designated by NOTES. (Published 5-22-26)

child has legal custody of the child unless the court grants legal custody to another person or transfers legal custody to an agency. History: 1979 c. 330; 1983 a. 447.

48.437 Change in placement; posttermination of parental rights. (1) REQUEST BY GUARDIAN OR PROSECUTOR. (a) Notice; information required. 1. The agency appointed as the guardian of a child who is subject to a guardianship order under s. 48.427 (3m) (a) 1. to 4., (am), or (b), the district attorney, or the corporation counsel may request a change in the placement of the child by causing written notice of the proposed change in placement to be sent to the child, the child’s counsel or guardian ad litem, the legal custodian of the child, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the operator of the facility in which the child is living, any agency responsible for securing the adoption of the child or for establishing the child in a permanent family setting, and, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe. 2. The notice shall contain the name and address of the new placement, the reasons for the change in placement, whether the new placement is certified under s. 48.675, a statement describing why the new placement is preferable to the present placement, a statement of how the new placement satisfies the objectives of the treatment plan or permanency plan ordered by the court, and, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian, a statement as to whether the new placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order. The person sending the notice shall file the notice with the court on the same day the notice is sent. 3. If the proposed change in placement would place the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the agency appointed as the guardian of the child shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive the notice under subd. 1. no later than the filing of that notice or, if not available by that time, and except as provided under subd. 4., no later than 10 days after the notice is filed: a. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment. b. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan. c. The reasons why the child’s needs can or cannot be met by the child’s family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child’s needs cannot be met in a foster home. d. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred. 4. If, for good cause shown, the information required to be submitted under subd. 3. is not available by the deadline under that subdivision, the agency appointed as the guardian of the child shall submit it no later than 30 days after the date on which the placement is made. (bm) Hearing; order. On receipt of the notice under par. (a),

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the court shall review the notice and decide whether to hold a hearing on the matter prior to ordering any change in placement or to enter an order changing the child’s placement as proposed in the notice without a hearing. If the court decides to hold a hearing on the matter, within 10 days after the notice is filed with the court, but at least 3 days before the hearing, the court shall provide notice of the hearing to the agency appointed as the guardian of the child, the district attorney or corporation counsel, and all persons who are required to receive notice under par. (a). If the court decides not to hold a hearing on the matter, within 10 days after the notice is filed with the court, the court, without a hearing, shall enter an order changing the child’s placement as proposed in the notice and shall provide a copy of the order to the agency appointed as the guardian of the child, the district attorney or corporation counsel, and all persons who are required to receive notice under par. (a). The child’s placement may not be changed until 10 days after the notice under par. (a) is filed with the court unless the court, without a hearing, enters an order changing the child’s placement sooner. (c) Contents of order. The change-in-placement order shall contain the applicable order under sub. (2v) (a), the applicable statement under sub. (2v) (b), and the applicable findings under sub. (2v) (c) and (d). If the court changes the placement of an Indian child who has been removed from the home of his or her parent or Indian custodian, the change-in-placement order shall, in addition, comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. (2) EMERGENCY CHANGE IN PLACEMENT. (a) If emergency conditions necessitate an immediate change in the placement of a child who is the subject of a guardianship order under s. 48.427 (3m) (a) 1. to 4., (am), or (b), the agency appointed as the guardian of the child may remove the child to a new placement without the prior notice under sub. (1) (a). Notice of the emergency change in placement shall be sent to all persons specified in sub. (1) (a) 1. and filed with the court within 48 hours after the emergency change in placement. The court may hold a hearing on the matter as provided in sub. (1) (bm). In emergency situations, a child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days or in any placement authorized under s. 48.345 (3). (b) 1. If the emergency change in placement under par. (a) results in a child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the agency appointed as the guardian of the child shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified under sub. (1) (a) 3., with the notice under par. (a) or, if not available at that time, and except as provided under subd. 2., no later than 10 days after the filing of that notice. 2. If, for good cause shown, the information required to be submitted under subd. 1. is not available by the deadline under that subdivision, the agency appointed as the guardian of the child shall submit it no later than 30 days after the date on which the placement was made. (c) If the emergency change in placement under par. (a) results in a child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the court shall, no later than 60 days after the placement is made, issue an order making the findings under sub. (2v) (d) 1., the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment.

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(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: (a) 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. (b) 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. to 4., (am), 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. (c) 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. to 4., (am), 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. (d) 1. Except as provided in subd. 2., if the court changes the placement to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the change-in-placement order shall contain a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment: a. Whether the needs of the child can be met through placement in a foster home. b. Whether placement of the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the child in the least restrictive environment. c. Whether the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

Updated 23-24 Wis. Stats. 104 d. Whether the court approves or disapproves the placement. 2. If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are not available at the time of the order, the court shall defer making the findings under subd. 1. as provided in this subdivision. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under subd. 1. (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 or 940.05, 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; 2017 a. 365 ss. 16, 111; 2021 a. 42; 2021 a. 240 s. 30.

SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER 48.44 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. History: 1971 c. 213 s. 5; 1975 c. 39; 1977 c. 354; 1987 a. 27; 1989 a. 121; 1995 a. 27; 1997 a. 35, 292; 2013 a. 334.

48.45 Orders applicable to adults. (1) (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. (am) 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. (b) 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. (1m) (a) In a proceeding in which a child has been found to

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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. (b) 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. (1r) 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) to (6). (2) No order under sub. (1) (a) or (am) 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 (am) 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. (3) 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. History: 1977 c. 354, 449; 1987 a. 332 s. 64; 1989 a. 121; 1993 a. 118, 377; 1995 a. 27, 77; 1997 a. 35, 292. Involuntary commitment was not authorized by this section. C.S. v. Racine County, 137 Wis. 2d 217, 404 N.W.2d 79 (Ct. App. 1987).

SUBCHAPTER X REHEARING AND APPEAL 48.46 New evidence; relief from judgment terminating parental rights. (1) Except as provided in subs. (1m), (2), 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. (1m) 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

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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. (2) 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), (b), (c), (d) or (f). 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) or (6). Motions under this subsection or s. 48.028 (5) (c) or (6) 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. (3) 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, 114, 252, 292; 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 the attorney 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 (1972).

48.465 Motion for postdisposition relief and appeal. (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 to 809.32. 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) and 809.30 to 809.32. 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 and 809. (3) EXCEPTIONS. This section does not apply to a termination of parental rights case under s. 48.43, to a parental consent to

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abortion case under s. 48.375 (7), or to a guardianship proceeding under s. 48.9795. History: 2009 a. 26; 2019 a. 109.

SUBCHAPTER XI PURPOSE, DUTIES, AND AUTHORITY OF DEPARTMENT 48.468 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.

48.47 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. (7) CHILDREN AND YOUTH. (cm) 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. (d) 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. (f) 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). (h) 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 to 679a. (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), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2), 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, 46.22, 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, 51, 55, or 938, or 42 USC 670 to 679b or to coordinate the delivery of services under this chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b. 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, 46.22, or 46.23 or any other organization that has entered into an information sharing and access agree-

Updated 23-24 Wis. Stats. 106 ment, 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, prepare and transmit to the governor, and to the legislature under s. 13.172 (2), a report on all of the following, which shall be the subject of a public hearing, conducted no less often than annually, by the appropriate standing committees of the legislature: (a) 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. (b) 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. (c) 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 or 938 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. (d) A summary of information in the summary reports required under s. 48.981 (7) (cr) 3. b., including all of the following: 1. Aggregated information from the summary reports transmitted to the governor and appropriate standing committees of the legislature in the preceding calendar year. 2. Trends identified by the department in the summary reports transmitted to the governor and appropriate standing committees of the legislature in the preceding calendar year. 3. Trends identified by the department based on in-depth practice reviews conducted by the department of incidents for which it received information under s. 48.981 (7) (cr) 2. 4. Changes in policies or practices that have been made to address any issues raised in the department’s review of the incidents in the summary reports in the preceding calendar year and recommendations for any further changes in policies, practices, rules, or statutes that may be needed to address those issues. (9) CITIZEN REVIEW PANELS. Transmit to the appropriate standing committees of the legislature under s. 13.172 (3) any annual report sent to the department from a citizen review panel established or designated by the department or a county department, and any written response provided by the department to a citizen review panel. (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: (a) Identifying and recommending ways to eliminate governmental barriers to local development of coordinated educational programs and services for adolescents and parents of adolescents. (b) Identifying and recommending ways to support and in-

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volve 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. History: 2007 a. 20 ss. 804, 805, 807 to 809, 823, 1268 to 1271; 2007 a. 96; 2009 a. 28, 180, 185, 338; 2011 a. 270; 2015 a. 368; 2015 a. 381 ss. 4, 9; 2021 a. 147, 148.

48.48 Authority of department. The department shall have authority: (1) 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. (2) 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. (2b) 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). (3) 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. (3m) 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: (a) 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. (b) 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. (c) 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. (d) 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). (4) 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. (8) To place children under its guardianship for adoption. (8m) To enter into agreements with Indian tribes in this state to implement the federal Indian Child Welfare Act, 25 USC 1901 to 1963.

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(8p) 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. 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. (8r) To reimburse county departments and Indian tribes, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd), for subsidized guardianship payments made under s. 48.623 (1) or (6), including guardianships of children ordered by tribal courts. (9) 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. (9m) To license shelter care facilities as provided in s. 48.66 (1) (a). (10) To license child welfare agencies and child care centers as provided in s. 48.66 (1) (a). (11) 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. (12) (a) 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). (b) This subsection shall be administered by the department according to criteria, standards and review procedures which it shall establish. (13) 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. (15) To license group homes as provided in s. 48.625. (16) To establish and enforce standards for services provided under ss. 48.345 and 48.347. (16m) To employ under the unclassified service in an office of the department that is located in a 1st class city a director of the office of urban development who shall be appointed by the secretary to serve at the pleasure of the secretary and who shall coordinate the provision of child welfare services in a county having a population of 750,000 or more with the implementation of the Wisconsin works program under ss. 49.141 to 49.161 in a county having a population of 750,000 or more. (17) (a) In a county having a population of 750,000 or more, to administer child welfare services and to expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare services by the legislature, which may be donated by individuals or private organizations or which may be otherwise provided. The department shall also have authority to do all of the following: 1. Investigate the conditions surrounding nonmarital children, children in need of protection or services and unborn children in need of protection or services within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the department shall offer social services to the caretaker of any child, and to the expectant mother of any unborn child, who is referred to the department under the

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conditions specified in this subdivision. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws. 2. Accept legal custody of children transferred to it by the court under s. 48.355, to accept supervision over expectant mothers of unborn children who are placed under its supervision under s. 48.355, and to provide special treatment or care for children and expectant mothers if ordered by the court and if providing special treatment or care is not the responsibility of the county department under s. 46.215, 51.42, or 51.437. A court may not order the department to administer psychotropic medications to children and expectant mothers who receive special treatment or care under this subdivision. 3. Provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing those children in licensed foster homes or group homes in this state or similar facilities regulated in another state within a reasonable proximity to the agency with legal custody, placing those children in the homes of guardians under s. 48.977 (2), placing those children in a qualifying residential family-based treatment facility with a parent or in similar facilities regulated in another state, or contracting for services for those children by licensed child welfare agencies in this state or a similar child welfare agency regulated in another state, except that the department may not purchase the educational component of private day treatment programs unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction. 4. Provide for the moral and religious training of children in its care according to the religious belief of the child or of his or her parents. 5. Place children in a county children’s home in the county, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption. 6. Provide services to the court under s. 48.06. 7. Contract with any parent or guardian or other person for the care and maintenance of any child. 8. License foster homes in accordance with s. 48.75. 9. Use in the media a picture or description of a child in its guardianship for the purpose of finding adoptive parents for that child. 10m. Administer kinship care and long-term kinship care as provided in s. 48.57 (3m), (3n), and (3p). 11. Contract with the county department under s. 46.215, 51.42 or 51.437 or with a licensed child welfare agency to provide any of the services that the department is authorized to provide under this chapter. (am) The requirement of statewide uniformity with respect to the organization and governance of human services does not apply to the administration of child welfare services under par. (a). (b) In performing the functions specified in par. (a), the department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of children and unborn children in the county. (bm) As soon as practicable after learning that a person who is receiving child welfare services under par. (a) from the department has changed his or her county of residence, the department shall provide notice of that change to the county department of the person’s new county of residence. The notice shall include a

Updated 23-24 Wis. Stats. 108 brief, written description of the services offered or provided to the person by the department and the name, telephone number, and address of a person to contact for more information. (c) From the appropriations under s. 20.437 (1) (cx), (gx), (kw), and (mx), the department may provide funding for the maintenance of any child who meets all of the following criteria: 1. Is 18 years of age or older. 2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma. 3. Received funding under s. 20.437 (1) (cx) or 48.569 (1) (d) or under s. 20.435 (3) (cx), 2005 stats., or s. 46.495 (1) (d), 2005 stats., immediately prior to his or her 18th birthday. 4. Is living in a foster home, group home, residential care center for children and youth, qualifying residential family-based treatment facility, or a similar facility regulated in another state or in a supervised independent living arrangement. (d) The funding provided for the maintenance of a child under par. (c) shall be in an amount equal to that which the child would receive under s. 20.437 (1) (cx), (gx), (kw), and (mx) or 48.569 (1) (d) if the child were 17 years of age. (18) To contract with public or voluntary agencies or others for the following purposes: (a) To purchase in full or in part care and services that the department is authorized by any statute to provide as an alternative to providing that care and those services itself. (b) To purchase or provide in full or in part the care and services that county agencies may provide or purchase under any statute and to sell to county agencies such portions of that care and those services as the county agency may desire to purchase. (d) To sell services, under contract, that the department is authorized to provide by statute, to any federally recognized tribal governing body. (19) To purchase or provide treatment and services for children who are the victims of trafficking, as defined in s. 940.302 (1) (d), for purposes of a commercial sex act, as defined in s. 940.302 (1) (a). Within the availability of funding under s. 20.437 (1) (e), the department shall ensure that that treatment and those services are available to children in all geographic areas of the state, including both urban and rural communities. (20) To certify a residential care center for children and youth, group home, or shelter care facility to operate a qualified residential treatment program as provided under s. 48.675 and monitor compliance with certification requirements. (21) To provide training for staff, including contractors, of a child welfare agency or a congregate care facility, as defined in s. 48.685 (1) (ao). History: 1973 c. 90, 333; 1977 c. 29; 1977 c. 83 s. 26; 1977 c. 354, 418, 447, 449; 1979 c. 34 ss. 833m, 834, 2102 (20) (a); 1979 c. 221, 300; 1983 a. 27 s. 2202 (20); 1983 a. 189 s. 329 (17); 1983 a. 447; 1985 a. 135, 176; 1985 a. 332 s. 251 (3); 1987 a. 339; 1989 a. 31, 107, 359; 1991 a. 316; 1993 a. 16, 375, 385, 446, 491; 1995 a. 27 ss. 2526 to 2534m, 9126 (19), 9145 (1); 1995 a. 77; 1997 a. 27, 35, 80, 105, 292; 1999 a. 9; 2001 a. 38, 59, 69; 2005 a. 25, 293; 2007 a. 20; 2009 a. 28, 71, 94, 180, 185; 2011 a. 258; 2013 a. 20; 2013 a. 165 s. 115; 2013 a. 334; 2015 a. 55; 2019 a. 9; 2021 a. 42, 58, 132; 2023 a. 19. Cross-reference: See also ch. DCF 51, Wis. adm. code. An allegation that the Department of Health and Social Services failed to adopt rules or to exercise supervision over a local social service agency and that those failures led to a deprivation of child custody without due process stated a cause of action for deprivation of civil rights. Roe v. Borup, 500 F. Supp. 127 (1980). The state has ultimate foster care responsibility, and dismissal of a 42 USC 1983 action against the state for civil rights violations by a county agency was not appropriate. Jeanine B. v. Thompson, 877 F. Supp. 1268 (1995).

48.481 Grants for children’s community programs. From the appropriation under s. 20.437 (1) (bc), the department shall distribute the following grants for children’s community programs: (1) FOSTER CARE PLACEMENT CONTINUATION. (a) The department shall distribute foster care continuation grants in each

May 22, 2026, are designated by NOTES. (Published 5-22-26)

fiscal year to counties for the purpose of supplementing payments for the care of an individual who attains age 18 after 1986 and who resided in a home licensed under s. 48.62 for at least 2 years immediately prior to attaining age 18 and, for at least 2 years, received payments for exceptional circumstances in order to avoid institutionalization, as provided under rules promulgated by the department, so that the individual may live in a family home or other noninstitutional situation after attaining age 18. No county may use funds provided under this paragraph to replace funds previously used by the county for this purpose. Beginning in fiscal year 2013-14, a county is eligible to receive funding under this paragraph only if the county received such funding in fiscal year 2012-13. (b) A county shall evaluate the proposed living arrangement of an individual under par. (a) to determine whether that living arrangement is cost-effective compared to other care reasonably available to the county including other community care as well as institutional care. If the proposed living arrangement is not costeffective, the county may not use funds distributed under par. (a) for the care of that individual in the proposed living arrangement. A county shall evaluate the cost-effectiveness of the living arrangement of an individual for whom funds are provided under par. (a) at least once every 5 years. (2) TRANSITION TO A SUCCESSFUL ADULTHOOD. The department shall distribute at least $231,700 in each fiscal year for the purpose of assisting individuals who attain the age of 18 while residing in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement to make the transition from out-of-home care to a successful adulthood. No county may use funds provided under this subsection to replace funds previously used by the county for this purpose. History: 1999 a. 9, 149; 2003 a. 33; 2007 a. 20 ss. 1117 to 1121; Stats. 2007 s. 48.481; 2009 a. 28; 2013 a. 20, 334; 2015 a. 128; 2019 a. 9.

48.485 Transfer of Indian children to department for adoption. (1) If the department accepts guardianship or legal custody or both from a tribal court under s. 48.48 (3m), the department shall seek a permanent adoptive placement for the child or seek to enter into a subsidized guardianship agreement under s. 48.623 (2) with a proposed guardian of the child and petition the court for the appointment of that individual as the guardian of the child under s. 48.977 (2) or under a substantially similar tribal law. (2) If a permanent adoptive or subsidized guardianship placement is not in progress within 2 years after entry of the termination of parental rights order by the tribal court, the department may petition the tribal court to transfer legal custody or guardianship of the Indian child back to the Indian tribe, except that the department may not petition the tribal court to transfer back to an Indian tribe legal custody or guardianship of an Indian child who was initially taken into custody under s. 48.195 (1m). History: 1989 a. 31; 2005 a. 296; 2009 a. 94; 2013 a. 20; 2023 a. 79.

48.487

Tribal family services. (1m) TRIBAL FAMILY SERVICES GRANTS. From the appropriation account under s. 20.437 (1) (js), the department may distribute tribal family services grants to the elected governing bodies of the Indian tribes in this state. An elected governing body that receives a grant under this subsection may expend the grant moneys received for any of the purposes specified in subs. (2), (3) (b), (4m) (b), (5) (b), (6), and (7) as determined by that body. (2) ADOLESCENT SELF-SUFFICIENCY SERVICES. An elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide services for adolescent parents. Those services shall emphasize high school graduation and vocational preparation, training, and experience and may be

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structured so as to strengthen the adolescent parent’s capacity to fulfill parental responsibilities by developing social skills and increasing parenting skills. An Indian tribe that provides those services shall develop a proposed service plan that is approved by the department. (3) ADOLESCENT PREGNANCY PREVENTION SERVICES. (a) In this subsection, “high-risk adolescent” means a person who is at least 13 years of age but under the age of 20 and who is at risk of becoming an unmarried parent as an adolescent and of incurring long-term economic dependency on public funds and is characterized by one or more of the following: 1. Low self-esteem. 2. Alcohol or drug abuse. 3. Serious emotional family conflict. 4. Poverty, as a part of a family whose income is below the poverty line, as defined under 42 USC 9902 (2). 5. Low school achievement, as a pupil who is one or more years behind his or her pupil age group in the number of school credits attained or in basic school skill levels. 6. Other significant problems. (b) An elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide pregnancy and parenthood prevention services to high-risk adolescents. Those services shall be structured so as to increase the development of decision-making and communications skills, promote graduation from high school, and expand career and other options and may address needs of adolescents with respect to pregnancy prevention. (4m) ADOLESCENT CHOICES PROJECTS. (a) In this subsection: 1. “Adolescent” means a person who is at least 10 years of age but under the age of 18. 2. “Dropout” has the meaning given under s. 118.153 (1) (b). (b) An elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide information to members of the Indian tribe in order to increase community knowledge about the problems of adolescents and to provide information to and activities for adolescents, particularly female adolescents, in order to enable the adolescents to develop skills with respect to all of the following: 1. Reducing adolescent pregnancy and high school dropout rates. 2. Increasing economic self-sufficiency and expanding career options for adolescents, particularly options with respect to occupations with wages higher than the minimum wage. 3. Enhancing individual adolescent self-esteem, interpersonal skills and responsible decision making. 4. Neutralizing sex-role stereotyping and bias. (c) An Indian tribe that provides services under par. (b) shall provide those services in an area of the state that is approved by the Indian tribe and the department. The department shall determine the boundaries of the regions in this state within which the Indian tribes may provide services under par. (b) before approving the service area of an Indian tribe under this paragraph. (d) Prior to approving the service area of an Indian tribe under par. (c), the department shall consider whether and how the Indian tribe proposes to coordinate its services with other public or private resources, programs, or activities in the region and the state. (e) The department shall work closely with the women’s council and the department of public instruction, on a continuing basis, concerning the scope and direction of activities conducted under par. (b).

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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(5) DOMESTIC ABUSE SERVICES. (a) In this subsection: 1. “Domestic abuse” means physical abuse, including a violation of s. 940.225 (1), (2), or (3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common. 2. “Domestic abuse services” means any of the following: a. Shelter facilities or private home shelter care. b. Advocacy and counseling for victims. c. A 24-hour telephone service. d. Community education. 3. “Family member” means a spouse, a parent, a child, or a person related by blood or adoption to another person. 4. “Household member” means a person currently or formerly residing in a place of abode with another person. (b) Subject to pars. (c) and (d), an elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide domestic abuse services. If an elected governing body of an Indian tribe expends those moneys for those services, the body shall provide matching funds or in-kind contributions in an amount to be determined by the department. The department shall establish guidelines regarding the types of contributions that qualify as in-kind contributions. (c) An elected governing body of an Indian tribe may provide shelter facilities only if the department of safety and professional services determines that the physical plant of the facility will not be dangerous to the health or safety of the residents when the facility is in operation. An elected governing body of an Indian tribe may provide shelter facilities or private home shelter care only if the body ensures that the following services will be provided either by that Indian tribe or by another person: 1. A 24-hour telephone service. 2. Temporary housing and food. 3. Advocacy and counseling for victims. 4. Referral and follow-up services. 5. Arrangements for education of school-age children. 6. Emergency transportation to the shelter. 7. Community education. (d) An Indian tribe that provides domestic abuse services under this subsection shall report all of the following information to the department by February 15 annually: 1. The total expenditures that the Indian tribe made on domestic abuse services in the previous tribal fiscal year. 2. The expenditures specified in subd. 1. by general category of domestic abuse services provided. 3. The number of persons served in the previous tribal fiscal year by general type of domestic abuse service. 4. The number of persons who were in need of domestic abuse services in the previous tribal fiscal year but who did not receive the domestic abuse services that they needed. (6) TRIBAL CHILD CARE. An elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide child care services under 42 USC 9858. An Indian tribe that receives funding under this subsection shall use that funding to provide child care for an eligible child, as defined in 42 USC 9858n (4). (7) CHILD WELFARE SERVICES. An elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide child welfare services as authorized under 42 USC 621 to 628b. History: 1987 a. 27; 1989 a. 31; 1991 a. 39; 1995 a. 27, 289; 1999 a. 9 ss. 1123d

Updated 23-24 Wis. Stats. 110 to 1125r, 1128d to 1128k, 1129g to 1129r; 2001 a. 16; 2005 a. 25; 2007 a. 20 ss. 1215 to 1219; Stats. 2007 s. 48.487; 2009 a. 94; 2013 a. 20 ss. 898 to 908, 917; 2019 a. 9.

48.52 Facilities for care of children and adult expectant mothers in care of department. (1) FACILITIES MAINTAINED OR USED FOR CHILDREN. The department may maintain or use the following facilities for children in its care: (a) Receiving homes to be used for the temporary care of children. (b) Foster homes. (c) Group homes. (f) Other facilities deemed by the department to be appropriate for the child, except that no state funds may be used for the maintenance of a child in the home of a parent or relative eligible for aid under s. 49.19 if such funds would reduce federal funds to this state. (1m) FACILITIES MAINTAINED OR USED FOR ADULT EXPECTANT MOTHERS. The department may maintain or use the following facilities for adult expectant mothers in its care: (a) Community-based residential facilities, as defined in s. 50.01 (1g). (b) Inpatient facilities, as defined in s. 51.01 (10). (c) Other facilities determined by the department to be appropriate for the adult expectant mother. (2) USE OF OTHER FACILITIES. (a) In addition to the facilities and services described in sub. (1), the department may use other facilities and services under its jurisdiction. The department may also contract for and pay for the use of other public facilities or private facilities for the care and treatment of children and the expectant mothers of unborn children in its care. Placements in institutions for the mentally ill or developmentally disabled shall be made in accordance with ss. 48.14 (5), 48.347 (6) and 48.63 and ch. 51. (b) Public facilities are required to accept and care for persons placed with them by the department in the same manner as they would be required to do had the legal custody of these persons been transferred by a court of competent jurisdiction. Nothing in this subsection shall be construed to require any public facility to serve the department inconsistently with its functions or with the laws and regulations governing their activities; or to give the department authority to use any private facility without its consent. (c) The department shall have the right to inspect all facilities it is using and to examine and consult with persons whom the department has placed in that facility. (4) COEDUCATIONAL PROGRAMS AND INSTITUTIONS. The department may institute and maintain coeducational programs and institutions under this chapter. History: 1971 c. 213 s. 5; 1971 c. 215; 1973 c. 90; 1975 c. 39, 430; 1977 c. 354; 1979 c. 89; 1987 a. 332 s. 64; 1989 a. 31, 107; 1993 a. 385, 446; 1995 a. 27 ss. 2541 to 2541r, 9126 (19); 1995 a. 77; 1997 a. 292; 2009 a. 28. A detention home is not an “other facility” under sub. (1). State ex rel. Harris v. Larson, 64 Wis. 2d 521, 219 N.W.2d 335 (1974). Foster homes owned, operated, or contracted for by the department or a county department are immune from local zoning ordinances. Foster homes owned, operated, or contracted for by licensed child welfare agencies are not immune. All family operated foster homes are subject to local zoning. Municipal foster home licensing ordinances are unenforceable. 63 Atty. Gen. 34. Foster homes leased by the department pursuant to sub. (2) are immune from local zoning to the extent that the zoning conflicts with the department’s possessory use of property under this chapter, subject to s. 13.48 (13). The lessor remains responsible for property tax. 65 Atty. Gen. 93.

48.526 Community youth and family aids. (1) PROCEDURES. The department shall develop procedures for the implementation of this section and standards for the development and delivery of community-based juvenile delinquency-related services, as defined in s. 46.011 (1c), and shall provide consultation and technical assistance to aid counties in the implementation

May 22, 2026, are designated by NOTES. (Published 5-22-26)

and delivery of those services. The department shall establish information systems and monitoring and evaluation procedures to report periodically to the governor and legislature on the statewide impact of this section. (2) RECEIPT OF FUNDS. (a) All funds to counties under this section shall be allocated to county departments under ss. 46.215, 46.22 and 46.23 subject to ss. 48.569 (2) and 49.325. No reimbursement may be made to any multicounty department until the counties that established the department have drawn up a detailed contractual agreement, approved by the secretary, setting forth the plans for joint sponsorship. (b) Uniform fees collected or received by counties under s. 49.32 (1) for services provided under this section shall be applied to cover the cost of the services. (c) All funds to counties under this section shall be used to purchase or provide community-based juvenile delinquency-related services, as defined in s. 46.011 (1c), and to purchase juvenile correctional services, as defined in s. 46.011 (1p), except that no funds to counties under this section may be used for purposes of land purchase, building construction, or maintenance of buildings under s. 46.17, 46.175, or 301.37, for reimbursement of costs under s. 938.209, for city lockups, or for reimbursement of care costs in temporary shelter care under s. 938.22. Funds to counties under this section may be used for reimbursement of costs of program services, including basic care and supervision costs, in juvenile detention facilities and secured residential care centers for children and youth. (2m) PUBLIC PARTICIPATION PROCESS. In determining the use of funds under this section, county departments under ss. 46.215, 46.22 and 46.23 shall assess needs using an open public participation process that involves representatives of those receiving services. (3) GRANTS-IN-AID. (a) Receipt of funds under this subsection is contingent upon use of the public participation process required under sub. (2m). (c) Within the limits of the appropriations under s. 20.437 (1) (cj), (o), and (q), the department shall allocate funds to each county for services under this section. (dm) The department may carry forward for a county from one calendar year to another funds allocated under this subsection that are not spent or encumbered. The amount that the department may carry forward for a county under this paragraph may not exceed 5 percent of the amount allocated to the county for the 12-month period ending December 31. The funds carried forward under this paragraph do not affect a county’s base allocation. (e) The department may carry forward $500,000 or 10 percent of its funds allocated under this subsection and not encumbered or carried forward under par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within s. 20.437 (1) (cj) or (q) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services, as defined in s. 46.011 (1c). The allocation does not affect a county’s base allocation. (em) The department may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.437 (1) (cj) or (q) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county’s base allocation.

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(6) PERFORMANCE STANDARDS. (a) The department shall develop criteria as provided in par. (b) to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.437 (1) (cj), (o), and (q) for purposes described in this section. (b) The criteria developed under par. (a) shall include performance standards criteria to be used to determine whether counties are successfully diverting juveniles from juvenile correctional facilities and secured residential care centers for children and youth to less restrictive community programs and are successfully rehabilitating juveniles who are adjudged delinquent. Counties shall provide information requested by the department in order to apply the criteria and assess their performances. (7) ALLOCATIONS OF FUNDS. Within the limits of the availability of the appropriations under s. 20.437 (1) (cj), (o), and (q), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2021, and ending on June 30, 2023, for the 2023 fiscal biennium, and for the 2025 fiscal biennium, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows: (a) For community youth and family aids under this section, amounts not to exceed $47,740,750 for the last 6 months of 2025, $95,481,500 for 2026, and $47,740,750 for the first 6 months of 2027. (b) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2025, $4,000,000 for 2026, and $2,000,000 for the first 6 months of 2027 to counties based on each of the following factors weighted equally: 1. Each county’s proportion of the total statewide juvenile population for the most recent year for which that information is available. 2. Each county’s proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the department of justice during the most recent 3-year period for which that information is available. 3. Each county’s proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available. (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2025, $12,500,000 for 2026, and $6,250,000 for the first 6 months of 2027 to counties based on each county’s proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available. (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2025, $2,106,500 for 2026, and $1,053,300 for the first 6 months of 2027 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93 percent nor more than 115 percent of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3. (e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2025, $250,000 for 2026, and $125,000 for the first 6 months of 2027. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000. (h) For counties that are purchasing community supervision services under s. 938.533 (2), $1,062,400 in the last 6 months of 2025, $2,124,800 in 2026, and $1,062,400 in the first 6 months of 2027 for the provision of community supervision services for juveniles from that county. In distributing funds to counties un-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

48.526

CHILDREN’S CODE

der this paragraph, the department shall distribute to each county the full amount of the charges for the services purchased by that county, except that if the amounts available under this paragraph are insufficient to distribute that full amount, the department shall distribute those available amounts to each county that purchases community supervision services based on the ratio that the charges to that county for those services bear to the total charges to all counties that purchase those services. (8) ALCOHOL AND OTHER DRUG ABUSE TREATMENT. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2025, $1,333,400 in 2026, and $666,700 in the first 6 months of 2027 for alcohol and other drug abuse treatment programs. History: 2015 a. 55 ss. 1676 to 1678, 4256 to 4263, 4276 to 4278, 4280, 4282, 4284, 4286, 4288, 4290, 4292, 4294; Stats. 2015 s. 48.526; 2017 a. 185; 2019 a. 9; 2021 a. 58; 2023 a. 19; 2025 a. 15.

48.527 Community youth and family aids; bonus for county facilities. From the appropriation under s. 20.437 (1) (ck), the department shall allocate an amount equal to 15 percent of a county’s allocation in the preceding fiscal year under s. 48.526 or $750,000, whichever is less, in additional funds for a county that operates a secured residential care center for children and youth that was funded by a grant under 2017 Wisconsin Act 185, section 110 (4), and that serves juveniles from more than one county. History: 2017 a. 185; 2019 a. 8.

48.528 Community intervention program. (1) In each fiscal year, the department shall distribute the amount appropriated under s. 20.437 (1) (cm) to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders. (2) To determine eligibility for a payment under sub. (1), the department shall require a county to submit a plan for the expenditure of that payment that ensures that the county targets the programs to be funded under that payment appropriately. (3) The department shall distribute 33 percent of the amounts distributed under sub. (1) based on each county’s proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the department of justice, during the most recent 2-year period for which that information is available. The department shall distribute 33 percent of the amounts distributed under sub. (1) based on each county’s proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 2-year period for which that information is available. The department shall distribute 34 percent of the amounts distributed under sub. (1) based on each county’s proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the department of justice, during the most recent 2-year period for which that information is available. History: 2015 a. 55 ss. 4295, 4297 to 4299; Stats. 2015 s. 48.528.

48.545 Brighter futures initiative. (1) DEFINITIONS. In this section: (a) “Nonprofit corporation” means a nonstock, nonprofit corporation organized under ch. 181. (b) “Public agency” means a county, city, village, town or school district or an agency of this state or of a county, city, village, town or school district. (2) AWARDING OF GRANTS. (a) From the appropriations under s. 20.437 (1) (eg), (kb), and (nL), the department, subject to par. (am), shall distribute $2,097,700 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 750,000 or more, $1,171,800 in

Updated 23-24 Wis. Stats. 112 each fiscal year to applying county departments under s. 46.22, 46.23, 51.42, or 51.437 operating in counties other than a county having a population of 750,000 or more, and $55,000 in each fiscal year to Diverse and Resilient, Inc. to provide programs to accomplish all of the following: 1. Prevent and reduce the incidence of youth violence and other delinquent behavior. 2. Prevent and reduce the incidence of youth alcohol and other drug use and abuse. 3. Prevent and reduce the incidence of child abuse and neglect. 4. Prevent and reduce the incidence of nonmarital pregnancy and increase the use of abstinence as a method of preventing nonmarital pregnancy. 5. Increase adolescent self-sufficiency by encouraging high school graduation, vocational preparedness, improved social and other interpersonal skills and responsible decision making. (am) From the amounts allocated under par. (a), the department may distribute an amount determined by the department to a nonprofit corporation or public agency to provide a program that accomplishes all of the following: 1. Prevents and reduces the incidence of adverse early childhood experiences in children 8 years of age and under and reduces the effects of those experiences through behavioral health and other services. 2. Provides professional development, training, and research in serving children 8 years of age and under for practitioners serving those children. 3. Provides direct services for children 8 years of age and under. 4. Provides child care, including a special care nursery, for children 8 years of age and under that has achieved the top rating provided under the child care quality rating system under s. 48.659. 5. Provides early intervention services under s. 51.44, early childhood education services, in-home treatment services, family services, and outpatient occupational therapy, physical therapy, and speech therapy services for children 8 years of age and under. (b) A nonprofit corporation or public agency that is applying for a grant under par. (a) or (am) shall provide to the department a proposed service plan for the use of the grant moneys. If the department approves the service plan, the department may award the grant. The department shall award the grants on a competitive basis and for a 3-year period. (c) 1. Beginning in fiscal year 2018-19, the department shall distribute $500,000 in grants in each fiscal year for programs to provide evidence-based programs and practices for substance abuse prevention to at-risk youth and their families. 2. Grants under this paragraph may be made to applying nonprofit corporations or public agencies in a county with a population of 750,000 or more, county departments under s. 46.22, 46.23, 51.42, or 51.437 in counties other than a county having a population of 750,000 or more, or a federally recognized American Indian tribe or band. 3. The department may not award a grant under this paragraph to a county or a tribe that offered the services described under subd. 1. in the preceding fiscal year unless those services were previously funded by a grant under this paragraph. (3) OUTCOMES EXPECTED. (a) The department shall provide a set of benchmark indicators to measure the outcomes that are expected of a program funded under sub. (2) (a). Those benchmark indicators shall measure all of the following among youth who have participated in a program funded under sub. (2) (a):

May 22, 2026, are designated by NOTES. (Published 5-22-26)

1. The rate of participation in violent or other delinquent behavior. 2. The rate of alcohol and other drug use and abuse. 3. The rate of nonmarital pregnancy and the rate at which abstinence is used to prevent nonmarital pregnancy. 4. The rate of substantiated cases of child abuse and neglect. 5. The development of self-sufficiency, as indicated by the rate of high school graduation, the degree of vocational preparedness, any improvements in social and other interpersonal skills and in responsible decision making and any other indicators that the department considers important in indicating the development of adolescent self-sufficiency. 6. Any other indicators that the department considers important in indicating the development of positive behaviors among adolescents. (b) The department shall require a grant recipient under sub. (2) (a) to provide an annual report showing the status of its program participants in terms of the benchmark indicators provided under par. (a) and may renew a grant only if the recipient shows improvement on those indicators. History: 1999 a. 9; 2001 a. 16; 2005 a. 25; 2007 a. 20 ss. 1204 to 1214; Stats. 2007 s. 48.545; 2009 a. 28; 2011 a. 32; 2015 a. 55, 172; 2017 a. 261, 365.

48.546 Family treatment court grant program. (1) The department may make grants available to counties and Indian tribes to enable them to establish and operate evidence-based programs to develop intake and court procedures that screen, assess, and provide dispositional alternatives for parents whose children have come under the jurisdiction of the court. The programs shall have, as a goal, improving child well-being and the welfare of participants’ families by meeting the comprehensive needs of participants and promoting family reunification wherever possible. (2) The department may make the grants for the programs specified in sub. (1) within the availability of funding under s. 20.437 (1) (bf). The department shall collaborate with the department of health services and the director of state courts in establishing the grant program under this section. (3) A county or Indian tribe that operates a program funded under this section shall do all of the following: (a) Establish eligibility criteria for a person’s participation in the program. (b) Provide services to program participants that are consistent with evidence-based practices in treatment services needed by those participants, including substance abuse treatment services, mental health treatment services, and intensive case management services. (c) Provide a multidisciplinary screen as described in s. 48.547 (3) for program participants. (d) Provide a holistic and trauma-informed approach to the treatment of program participants and provide those participants with services that may be needed, as determined by the county or Indian tribe under the program. (e) Integrate all services provided to program participants by state and local government agencies and other organizations. The county or Indian tribe shall require regular communication among a participant’s treatment providers, other service providers, the court and court personnel, and any person designated under the program to monitor the participant’s compliance with his or her obligations under the program and under the court’s order. (4) A county or Indian tribe that receives a grant under this section shall create an oversight committee to advise the county or Indian tribe in developing, implementing, administering, and evaluating its program.

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(5) A county or Indian tribe that receives a grant under this section shall submit data requested by the department to the department each quarter. The department may request any data regarding a program funded under this section that is necessary to evaluate the program and prepare the reports under subs. (6) and (7). (6) The department shall, annually, analyze the data submitted under sub. (5) for the previous year and prepare a progress report that evaluates the effectiveness of the program. The department shall make the report available to the public. (7) The department shall, every 5 years, prepare a comprehensive report that analyzes the data submitted under sub. (5) for the previous 5 years, and shall submit the report to the legislature under s. 13.172 (2). (8) A county or Indian tribe may, together with one or more counties or Indian tribes, jointly apply for and receive a grant under this section. A joint application shall include a written agreement specifying the role of each county or Indian tribe in developing, administering, and evaluating the program. The oversight committee established under sub. (4) shall include a representative from each county and Indian tribe operating a joint program. (9) The department shall assist a county or Indian tribe receiving a grant under this section in obtaining funding from other sources for its program. History: 2017 a. 202, 261.

48.547 Alcohol and other drug abuse program. (1) LEGISLATIVE FINDINGS AND PURPOSE. The legislature finds that the use and abuse of alcohol and other drugs by children and the expectant mothers of unborn children is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat children and the expectant mothers of unborn children for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by children and the expectant mothers of unborn children, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by children and the expectant mothers of unborn children by establishing a juvenile and expectant mother alcohol and other drug abuse program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for children and expectant mothers with needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 938 in the counties selected by the department. (2) DEPARTMENT RESPONSIBILITIES. Within the availability of funding under s. 20.437 (1) (mb) that is available for the program, the department shall select counties to participate in the program. Unless a county department of human services has been established under s. 46.23 in the county that is seeking to implement a program, the application submitted to the department shall be a joint application by the county department that provides social services and the county department established under s. 51.42 or 51.437. The department shall select counties in accordance with the request for proposal procedures established by the department. The department shall give a preference to county applications that include a plan for case management. (3) MULTIDISCIPLINARY SCREEN. The department shall provide a multidisciplinary screen for the program. The screen shall be used by an intake worker to determine whether or not a child or an expectant mother of an unborn child is in need of an alcohol or other drug abuse assessment. The screen shall also include indicators that screen children and expectant mothers for: (a) Family dysfunction.

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(b) School, truancy or work problems. (c) Mental health problems. (d) Delinquent or criminal behavior patterns. (4) ASSESSMENT CRITERIA. The department shall provide uniform alcohol and other drug abuse assessment criteria to be used in the pilot program under ss. 48.245 (2) (a) 3. and 48.295 (1). An approved treatment facility that assesses a person under s. 48.245 (2) (a) 3. or 48.295 (1) may not also provide the person with treatment unless the department permits the approved treatment facility to do both in accordance with the criteria established by rule by the department. History: 1987 a. 339; 1989 a. 31; 1993 a. 213; 1995 a. 77, 448; 1997 a. 292; 2007 a. 20.

48.548 Multidisciplinary screen and assessment criteria. The department shall make the multidisciplinary screen developed under s. 48.547 (3) and the assessment criteria developed under s. 48.547 (4) available to all counties. History: 1987 a. 339.

48.55 State adoption information exchange and state adoption center. (1) The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes and a state adoption center for the purposes of increasing public knowledge of adoption and promoting to adolescents and pregnant women the availability of adoption services. From the appropriation under s. 20.437 (1) (dg), the department may provide not more than $171,300 in each fiscal year as grants to individuals and private agencies to provide adoption information exchange services and to operate the state adoption center. (2) The department shall promulgate rules governing the adoption information exchange and rules specifying the functions of the state adoption center. The rules specifying the functions of the state adoption center shall include all of the following: (a) Training persons who provide counseling to adolescents including school counselors, county or department employees providing child welfare services under s. 48.56 or 48.561 and employees of a clinic providing family planning services, as defined in s. 253.07 (1) (b). (b) Seeking persons to undergo training. (c) Operating a toll-free telephone number to provide information and referral services. (d) Distributing pamphlets which provide information on the availability of adoption services. (e) Promoting adoption through the communications media. History: 1983 a. 27; 1995 a. 266; 1997 a. 35; 1999 a. 9 ss. 1135 to 1139; 2001 a. 16; 2007 a. 20. Cross-reference: See also chs. DCF 49, 50, and 51, Wis. adm. code.

SUBCHAPTER XII CHILD WELFARE SERVICES 48.56 Child welfare services in counties having populations of less than 750,000. (1) Each county having a population of less than 750,000 shall provide child welfare services through its county department. (2) Each county department shall employ personnel who devote all or part of their time to child welfare services. Whenever possible, these personnel shall be social workers certified under subch. I of ch. 457. (3) This section shall not apply to those counties which had

Updated 23-24 Wis. Stats. 114 child welfare services administered by the staff of the juvenile court prior to January 1, 1955. History: 1975 c. 307; 1977 c. 271; 1985 a. 176; 1991 a. 160; 1997 a. 27; 2013 a. 20; 2023 a. 55.

48.561 Child welfare services in a county having a population of 750,000 or more. (1) The department shall provide child welfare services in a county having a population of 750,000 or more. (2) The department shall employ personnel in a county having a population of 750,000 or more who devote all of their time directly or indirectly to child welfare services. Whenever possible, these personnel shall be social workers certified under subch. I of ch. 457. (3) (a) A county having a population of 750,000 or more shall contribute $58,893,500 in each state fiscal year for the provision of child welfare services in that county by the department. That contribution shall be made as follows: 1. Through a reduction of $37,209,200 from the amounts distributed to that county under ss. 46.40 (2) and 48.563 (2) in each state fiscal year. 2. Through a reduction of $1,583,000 from the amount distributed to that county under s. 46.40 (2m) (a) in each state fiscal year. 3. Through a deduction of $20,101,300 from any state payment due that county under s. 79.02 (1), as provided in par. (b). (b) The department of administration shall collect the amount specified in par. (a) 3. from a county having a population of 750,000 or more by deducting all or part of that amount from any state payment due that county under s. 79.02 (1). The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from the state payments due under s. 79.02 (1). The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.437 (1) (kw) and shall notify the county from which those amounts are collected of that collection. The department may not expend any moneys from the appropriation account under s. 20.437 (1) (cx) for providing services to children and families under s. 48.48 (17) until the amounts in the appropriation account under s. 20.437 (1) (kw) are exhausted. History: 1997 a. 27, 237; 1999 a. 9; 2001 a. 16; 2007 a. 20; 2011 a. 32; 2013 a. 20; 2021 a. 1; 2023 a. 55.

48.562 Milwaukee child welfare partnership council. (1) The Milwaukee child welfare partnership council shall do all of the following: (ag) Hold at least one public hearing each year at which the council shall encourage public participation and solicit public input regarding the child welfare system in Milwaukee County. (am) Recommend policies and plans for the improvement of the child welfare system in Milwaukee County and submit its recommendations with respect to those policies and plans to the department under par. (dm). (b) Recommend measures for evaluating the effectiveness of the child welfare system in Milwaukee County, including outcome measures, and submit its recommendations with respect to those measures to the department under par. (dm). (c) Recommend funding priorities for the child welfare system in Milwaukee County and submit its recommendations with respect to those funding priorities to the department under par. (dm). (d) Identify innovative public and private funding opportunities for the child welfare system in Milwaukee County and submit its recommendations with respect to those funding opportunities to the department under par. (dm).

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(dm) Annually, submit a report of its recommendations under pars. (am) to (d) to the department, which within 60 days after receiving the report shall prepare a response to those recommendations and transmit the report, together with its response, to the governor and to the appropriate standing committees of the legislature under s. 13.172 (3). (e) Advise the department in planning, and providing technical assistance and capacity building to support, a neighborhoodbased system for the delivery of child welfare services in Milwaukee County. (2m) Any restructuring of the subunit of the department responsible for administering child welfare services in a county having a population of 750,000 or more shall not affect the duties and responsibilities of the Milwaukee child welfare partnership council specified in sub. (1). History: 1995 a. 303; 1997 a. 27; 2007 a. 20 s. 799; Stats. 2007 s. 48.562; 2009 a. 337; 2015 a. 55.

48.563

Children and family aids funding. (1) DISTRI(a) Within the limits of available federal funds and of the appropriations under s. 20.437 (1) (b), (cx), (km), and (o), the department shall distribute funds for children and family services to county departments as provided in subs. (2), (4), and (7m) and s. 48.986. (b) Notwithstanding s. 48.568, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of moneys allocated under par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families. (c) The Milwaukee County department of social services shall report to the department in a manner specified by the department on all children under the supervision of the Milwaukee County department of social services who are placed in foster homes and whose foster parents receive funding for child care from the amounts distributed under par. (a) so that the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the amounts expended by the Milwaukee County department of social services for the provision of child care for those children. Notwithstanding s. 48.568, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of the amounts expended by the Milwaukee County department of social services for the provision of child care for children in foster care in 1996 and 1997, the department shall distribute those federal moneys to the Milwaukee County department of social services for the provision of child care for children in foster care. (d) If the department receives from the department of health services under s. 46.40 (1) (d) any federal moneys under 42 USC 1396 to 1396v in reimbursement of the cost of preventing out-ofhome placements of children, the department shall use those moneys as the first source of moneys used to meet the amount of the allocation under sub. (2) that is budgeted from federal funds. (2) COUNTY ALLOCATION. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $101,154,200 in fiscal year 2021-22 and $101,162,800 in fiscal year 2022-23. In fiscal year 2023-24, the department shall distribute $101,551,400. In fiscal year 2024-25, the department shall distribute $101,939,600. In fiscal year 2025-26, the department shall distribute $102,178,600. In fiscal year 2026-27, the department shall distribute $102,417,600. (4) POSTREUNIFICATION SERVICES. If a demonstration project authorized under 42 USC 1320a-9 reduces the cost of providing out-of-home care for children in a county having a population of 750,000 or more, from the appropriations under s. 20.437 (1) (cx) and (mb) the department may distribute the amount by which that cost is reduced by that demonstration project in each BUTION LIMITS.

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fiscal year to county departments for services for children and families to prevent the reentry of children into out-of-home care. (7m) USE BY COUNTY OF CHILDREN AND FAMILY AIDS FUNDS TO PAY PRIVATE ATTORNEYS FOR CERTAIN PROCEEDINGS. Upon application by a county department under s. 46.215, 46.22, or 46.23 to the department for permission to use funds allocated to that county department under sub. (2) to employ private counsel for the purposes specified in this subsection and a determination by the department that use of funds for those purposes does not affect any federal grants or federal funding allocated under this section, the department and the county department shall execute a contract authorizing the county department to expend, as agreed upon in the contract, funds allocated to that county department under sub. (2) to permit the county department to employ private counsel to represent the interests of the state or county in proceedings under this chapter relating to child abuse or neglect, unborn child abuse, termination of parental rights, and the Indian Child Welfare Act, 25 USC 1901 to 1963. History: 2007 a. 20 ss. 1097, 1098, 1102, 1103, 1287, 9121 (6) (a); 2009 a. 28, 94; 2011 a. 32; 2013 a. 20; 2015 a. 55, 172; 2017 a. 59; 2019 a. 9; 2021 a. 58; 2023 a. 19; 2025 a. 15.

48.565 Carry-over of children and family aids funds. (1) Funds allocated by the department under s. 48.569 (1) (d) but not spent or encumbered by counties by December 31 of each year lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under s. 20.437 (1) (b) or as follows: (a) At the request of a county, the department shall carry forward to the next calendar year up to 3 percent of the total amount allocated to the county under s. 48.569 (1) (d) for a calendar year. (b) At the request of a county, the department shall carry forward to the next calendar year up to 10 percent of the total amount allocated to the county under s. 48.569 (1) (d) for a calendar year if the department agrees that an emergency or other circumstance that was unforeseen when the original allocation to the county was made necessitates the carryover. (2) (a) The department may bill a county or deduct from a county’s allocation under s. 48.563 (2) for the costs of implementing and operating the statewide automated child welfare information system established under s. 48.47 (7g). All moneys received by the department under this paragraph shall be credited to the appropriation account under s. 20.437 (1) (j). (b) A county may not use any moneys distributed under s. 48.563 (2) to supplant any other moneys expended by the county for services and projects to assist children and families in a base year determined by the department. (7) The amount of funds carried forward from the preceding calendar year at the request of a county under sub. (1) (a) or (b) does not affect the determination of that county’s share of the funding allocated under s. 48.563 (2) for a calendar year. (8) A county shall use funds carried forward under this section for services provided to children and families and not for the county’s general administrative costs. History: 2007 a. 20 ss. 1106 to 1109, 1288; 2009 a. 94; 2011 a. 32; 2015 a. 172.

48.568 Allocation of federal funds for children and family aids and child welfare. Subject to s. 48.563 (1) (b) and (c), if the department receives unanticipated federal foster care and adoption assistance payments under 42 USC 670 to 679a and it proposes to allocate the unanticipated funds so that an allocation limit in s. 48.563 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for

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the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under s. 48.563. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding s. 48.563, only with the approval of the committee. History: 2007 a. 20.

48.569 Distribution of children and family aids funds to counties. (1) (am) The department shall reimburse each county from the appropriations under s. 20.437 (1) (b), (cx), (km), and (o) for children and family services as approved by the department under ss. 46.22 (1) (b) 2. f. and (e) 3. b. (d) From the appropriations under s. 20.437 (1) (b), (cx), (km), and (o), the department shall distribute the funding for children and family services, including funding for foster care of a child on whose behalf aid is received under s. 48.645 to county departments as provided under s. 48.563. County matching funds are required for the distribution under s. 48.563 (2). Each county’s required match for the distribution under s. 48.563 (2) shall be specified in a schedule established annually by the department. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in sub. (1m). If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds. (dc) The department shall prorate the amount allocated to any county department under par. (d) to reflect actual federal funds available. (f) 1. If any state matching funds allocated under par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes the department designates. 2. The county allocation to match aid increases shall be included in the contract under s. 49.325 (2g), and approved by January 1 of the year for which funds are allocated, in order to generate state aid matching funds. All funds allocated under par. (d) shall be included in the contract under s. 49.325 (2g) and approved. (1m) (a) A private donation to a county may be used to match the state grant-in-aid under sub. (1) (d) only if the donation is both of the following: 1. Donated to a county department and the donation is under the administrative control of that county department. 2. Donated without restrictions as to use, unless the restrictions specify that the donation be used for a particular service and the donor neither sponsors nor operates the service. (b) Voluntary federated fund-raising organizations are not sponsors or operators of services within the meaning of par. (a) 2. Any member agency of such an organization that sponsors or operates services is considered to be an autonomous entity separate from the organization unless the board membership of the organization and the agency interlock. (2) (a) The county treasurer and each director of a county department shall monthly certify under oath to the department, in the manner the department prescribes, the claim of the county for state reimbursement under this section, and if the department approves the claim it shall certify to the department of administration for reimbursement to the county for amounts due under this section and payment claimed to be made to the counties monthly.

Updated 23-24 Wis. Stats. 116 (b) To facilitate prompt reimbursement, the certificate of the department may be based on the certified statements of the county officers filed under par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties owed funds as a result of any audit adjustment. By September 30 of each year the department shall submit a report to the appropriate standing committees under s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments. History: 2007 a. 20; 2009 a. 28; 2011 a. 32; 2013 a. 20; 2015 a. 55, 172; 2021 a. 132.

48.57 Powers and duties of department and county departments providing child welfare services. (1) Each county department shall administer and expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare purposes by the county board of supervisors or by the legislature, which may be donated by individuals or private organizations or which may be otherwise provided. The department shall have the authority specified in s. 48.48 (17). A county department shall have the authority: (a) To investigate the conditions surrounding nonmarital children, children in need of protection or services, including developmentally disabled children, and unborn children in need of protection or services within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any child, and to the expectant mother of any unborn child, who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of those laws. (b) To accept legal custody of children transferred to it by the court under s. 48.355, to accept supervision over expectant mothers of unborn children who are placed under its supervision under s. 48.355 and to provide special treatment or care for children and expectant mothers if ordered by the court. A court may not order a county department to administer psychotropic medications to children and expectant mothers who receive special treatment or care under this paragraph. (c) To provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing those children in licensed foster homes or group homes in this state or similar facilities regulated in another state within a reasonable proximity to the agency with legal custody, placing those children in the homes of guardians under s. 48.977 (2), placing those children in a qualifying residential family-based treatment facility, or in a similar facility regulated in another state, or contracting for services for those children by licensed child welfare agencies in this state or a child welfare agency regulated in another state, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction. (d) To provide for the moral and religious training of children in its care according to the religious belief of the child or of his or her parents. (e) If a county department in a county with a population of 750,000 or more and if contracted to do so by the department, to place children in a county children’s home in the county under

May 22, 2026, are designated by NOTES. (Published 5-22-26)

policies adopted by the county board of supervisors, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption. (f) To provide services to the court under s. 48.06. (g) Upon request of the department or the department of corrections, to provide service for any child or expectant mother of an unborn child in the care of those departments. (h) To contract with any parent or guardian or other person for the care and maintenance of any child. (hm) If a county department in a county with a population of less than 750,000, to accept guardianship, when appointed by the court, of a child whom the county department has placed in a foster home under a court order or voluntary agreement under s. 48.63 and to place that child under its guardianship for adoption by the foster parent. (i) To license foster homes in accordance with s. 48.75. (j) To use in the media a picture or description of a child in its guardianship for the purpose of finding adoptive parents for that child. (2) In performing the functions specified in sub. (1) the county department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of children and unborn children in the county. (2m) A county department, as soon as practicable after learning that a person who is receiving child welfare services under sub. (1) from the county department has changed his or her county of residence, shall provide notice of that change to the county department of the person’s new county of residence or, if that new county of residence is a county having a population of 750,000 or more, the department. The notice shall include a brief, written description of the services offered or provided to the person by the county department and the name, telephone number, and address of a person to contact for more information. (3) (a) From the reimbursement received under s. 46.495 (1) (d), counties may provide funding for the maintenance of any child who: 1. Is 18 years of age or older; 2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma; 3. Received funding under s. 48.569 (1) (d) or under s. 46.495 (1) (d), 2005 stats., immediately prior to his or her 18th birthday; and 4. Is living in a foster home, group home, residential care center for children and youth, subsidized guardianship home, qualifying residential family-based treatment facility, or a similar facility regulated in another state or in a supervised independent living arrangement. (b) The funding provided for the maintenance of a child under par. (a) shall be in an amount equal to that which the child would receive under s. 48.569 (1) (d) if the child were 17 years of age. (3m) (a) In this subsection: 1. “Child” means a person under 18 years of age. “Child” also includes a person 18 years of age or over, if any of the following applies: a. The person is under 19 years of age, is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma. b. The person is under 21 years of age, the person is a fulltime student in good academic standing at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the kinship care provider under an

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order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3). 2. “Kinship care provider” means a relative other than a parent, an extended family member, as defined in s. 48.028 (2) (am), or like-kin. (am) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make payments in the amount of $384 per month beginning on January 1, 2026, to a kinship care provider who is providing care and maintenance for a child if all of the following conditions are met: 1. The kinship care provider applies to the county department or department for payments under this subsection and, if the child is placed in the home of the kinship care provider under a court order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., for a license to operate a foster home. 1m. The county department or department determines that there is a need for the child to be placed with the kinship care provider and that the placement with the kinship care provider is in the best interests of the child. 2. The county department or department determines that the child meets one or more of the criteria specified in s. 48.13 or 938.13, that the child would be at risk of meeting one or more of those criteria if the child were to remain in his or her home or, if the child is 18 years of age or over, that the child would meet or be at risk of meeting one or more of those criteria as specified in this subdivision if the child were under 18 years of age. 4. The county department or department conducts a background investigation under sub. (3p) of the kinship care provider, any employee and prospective employee of the kinship care provider who has or would have regular contact with the child for whom the payments would be made and any other adult resident of the kinship care provider’s home to determine if the kinship care provider, employee, prospective employee or adult resident has any arrests or convictions that could adversely affect the child or the kinship care provider’s ability to care for the child. 4m. Subject to sub. (3p) (fm) 1. and 2., the kinship care provider states that he or she does not have any arrests or convictions that could adversely affect the child or the kinship care provider’s ability to care for the child and that no adult resident, as defined in sub. (3p) (a), and no employee or prospective employee of the kinship care provider who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the kinship care provider’s ability to care for the child. 5. The kinship care provider cooperates with the county department or department in the application process, including applying for other forms of assistance for which the child may be eligible. 5m. The kinship care provider is not receiving payments under sub. (3n) with respect to the child. 6. The child for whom the kinship care provider is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77. (ap) 1. Subject to subds. 2. and 3., the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to a kinship care

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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provider who is providing care and maintenance for a child who is placed in the home of the kinship care provider under a court order for no more than 60 days after the date on which the county department or department received under par. (am) 1. the completed application of the kinship care provider for a license to operate a foster home or, if the application is approved or denied or the kinship care provider is otherwise determined to be ineligible for licensure within those 60 days, until the date on which the application is approved or denied or the kinship care provider is otherwise determined to be ineligible for licensure. 2. If the application specified in subd. 1. is not approved or denied or the kinship care provider is not otherwise determined to be ineligible for licensure within 60 days after the date on which the county department or department received the completed application for any reason other than an act or omission of the kinship care provider, the county department or department may make payments under par. (am) for 4 months after the date on which the county department or department received the completed application or, if the application is approved or denied or the kinship care provider is otherwise determined to be ineligible for licensure within those 4 months, until the date on which the application is approved or denied or the kinship care provider is otherwise determined to be ineligible for licensure. 3. Notwithstanding that an application of a kinship care provider specified in subd. 1. is denied or the kinship care provider is otherwise determined to be ineligible for licensure, the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to the kinship care provider for as long as the conditions specified in par. (am) 1. to 6. continue to apply if the county department or department submits to the court information relating to the background investigation specified in par. (am) 4., an assessment of the safety of the kinship care provider’s home and the ability of the kinship care provider to care for the child, and a recommendation that the child remain in the home of the kinship care provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the kinship care provider’s home. If the court does not order the child to remain in the kinship care provider’s home, the court shall order the county department or department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement. (b) 1. The county department or, in a county having a population of 750,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am). 2. When any kinship care provider of a child applies for or receives payments under this subsection, any right of the child or the child’s parent to support or maintenance from any other person accruing during the time that payments are made under this subsection is assigned to the state. If a child who is the beneficiary of a payment under this subsection is also the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party. (c) The county department or, in a county having a population of 750,000 or more, the department shall require the parent or

Updated 23-24 Wis. Stats. 118 parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child. (cm) A kinship care provider who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3n) or s. 48.62 (4) or 48.623 (1) or (6) for that child. (d) A county department or, in a county having a population of 750,000 or more, the department shall review a placement of a child for which the county department or department makes payments under par. (am) not less than every 12 months after the county department or department begins making those payments to determine whether the conditions specified in par. (am) continue to exist. If those conditions do not continue to exist, the county department or department shall discontinue making those payments. (e) The department shall determine whether the child is eligible for medical assistance under ss. 49.43 to 49.471. (f) Any person whose application for payments under par. (am) is not acted on promptly, is denied on the grounds that a condition specified in par. (am) 1., 1m., 2., 5., 5m., or 6. has not been met, or is denied following a review under sub. (3p) (h) on the grounds that a condition specified in par. (am) 4. or 4m. has not been met, and any person whose payments under par. (am) are discontinued under par. (d), may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review. (g) 1. Upon receipt of a timely petition under par. (f) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision shall be final, but may be reviewed under ss. 227.52 to 227.58 or revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies: a. The petitioner withdraws the petition in writing. b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law. c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department. 2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 750,000 or more, the subunit of the department administering of the kinship care program in that county that the re-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

cipient has requested a hearing. Payments under par. (am) shall be discontinued if any of the following applies: a. The recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient’s behalf. b. The recipient is notified of a change in his or her payments under par. (am) while the hearing decision is pending but the recipient fails to request a hearing on the change. 3. The recipient shall be promptly informed in writing if his or her payments under par. (am) are to be discontinued pending the hearing decision. (h) A county department or, in a county having a population of 750,000 or more, the department may recover an overpayment made under par. (am) from a kinship care provider who continues to receive payments under par. (am) by reducing the amount of the kinship care provider’s monthly payment. The department may by rule specify other methods for recovering overpayments made under par. (am). A county department that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule. (i) The department shall promulgate rules to implement this subsection. Those rules shall include all of the following: 1. Rules to provide assessment criteria for determining whether a kinship care provider who is providing care and maintenance for a child is eligible to receive payments under par. (am). The rules shall also provide that any criteria established under the rules shall first apply to applications for payments under par. (am) received, and to reviews under par. (d) conducted, on the effective date of those rules. 2. Rules governing the provision of kinship care payments for the care and maintenance of a child after the child attains 18 years of age. Cross-reference: See also ch. DCF 58, Wis. adm. code.

(3n) (a) In this subsection: 1. “Child” means a person under 18 years of age. “Child” also includes a person 18 years of age or over, if any of the following applies: a. The person is under 19 years of age, is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma. b. The person is under 21 years of age, the person is a fulltime student in good academic standing at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the long-term kinship care provider under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3). 2. “Long-term kinship care provider” means a relative other than a parent, an extended family member, as defined in s. 48.028 (2) (am), or like-kin. (am) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments for each child in the amount of $384 per month beginning on January 1, 2026, to a long-term kinship care provider who is provid-

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ing care and maintenance for that child if all of the following conditions are met: 1. The long-term kinship care provider applies to the county department or department for payments under this subsection, provides proof that he or she has been appointed as the guardian of the child, and, if the child is placed in the home of the longterm kinship care provider under a court order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., applies to the county department or department for a license to operate a foster home. 2. The county department or department inspects the longterm kinship care provider’s home, interviews the long-term kinship care provider and determines that long-term placement with the long-term kinship care provider is in the best interests of the child. 4. The county department or department conducts a background investigation under sub. (3p) of the long-term kinship care provider, the employees and prospective employees of the long-term kinship care provider who have or would have regular contact with the child for whom the payments would be made and any other adult resident, as defined in sub. (3p) (a), of the longterm kinship care provider’s home to determine if the long-term kinship care provider, employee, prospective employee or adult resident has any arrests or convictions that are likely to adversely affect the child or the long-term kinship care provider’s ability to care for the child. 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term kinship care provider states that he or she does not have any arrests or convictions that could adversely affect the child or the long-term kinship care provider’s ability to care for the child and that, to the best of the long-term kinship care provider’s knowledge, no adult resident, as defined in sub. (3p) (a), and no employee or prospective employee of the long-term kinship care provider who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the long-term kinship care provider’s ability to care for the child. 5. The long-term kinship care provider cooperates with the county department or department in the application process, including applying for other forms of assistance for which the child may be eligible. 5m. The long-term kinship care provider is not receiving payments under sub. (3m) with respect to the child. 5r. The child for whom the long-term kinship care provider is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77. 6. The long-term kinship care provider and the county department or department enter into a written agreement under which the long-term kinship care provider agrees to provide care and maintenance for the child and the county department or department agrees, subject to sub. (3p) (hm), to make monthly payments to the long-term kinship care provider at the rate specified in sub. (3m) (am) (intro.) until the earliest of the following: a. The date on which the child attains the age of 18 years; or, if on that date the child is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma, the date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains the age of 19 years, whichever occurs first; or, if on that date the child is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and an individualized education program under s. 115.787 is in effect for the child, the date on which the child is granted a high school or high school equivalency diploma or the

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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date on which the child attains the age of 21 years, whichever occurs first. b. The date on which the child dies. c. The date on which the child is placed outside the longterm kinship care provider’s home under a court order or under a voluntary agreement under s. 48.63 (1) (a) or (b) or (5) (b). d. The date on which the child ceases to reside with the longterm kinship care provider. e. The date on which the long-term kinship care provider’s guardianship under s. 48.977 terminates. f. The date on which the child moves out of the state. (ap) 1. Subject to subds. 2. and 3., the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to a long-term kinship care provider who is providing care and maintenance for a child who is placed in the home of the long-term kinship care provider for no more than 60 days after the date on which the county department or department received under par. (am) 1. the completed application of the long-term kinship care provider for a license to operate a foster home or, if the application is approved or denied or the long-term kinship care provider is otherwise determined to be ineligible for licensure within those 60 days, until the date on which the application is approved or denied or the longterm kinship care provider is otherwise determined to be ineligible for licensure. 2. If the application specified in subd. 1. is not approved or denied or the long-term kinship care provider is not otherwise determined to be ineligible for licensure within 60 days after the date on which the county department or department received the completed application for any reason other than an act or omission of the long-term kinship care provider, the county department or department may make payments under par. (am) for 4 months after the date on which the county department or department received the completed application or, if the application is approved or denied or the long-term kinship care provider is otherwise determined to be ineligible for licensure within those 4 months, until the date on which the application is approved or denied or the long-term kinship care provider is otherwise determined to be ineligible for licensure. 3. Notwithstanding that an application of a long-term kinship care provider specified in subd. 1. is denied or the long-term kinship care provider is otherwise determined to be ineligible for licensure, the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to the long-term kinship care provider until an event specified in par. (am) 6. a. to f. occurs if the county department or department submits to the court information relating to the background investigation specified in par. (am) 4., an assessment of the safety of the long-term kinship care provider’s home and the ability of the long-term kinship care provider to care for the child, and a recommendation that the child remain in the home of the long-term kinship care provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the long-term kinship care provider’s home. If the court does not order the child to remain in the kinship care provider’s home, the court shall order the county department or department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am) or to request a termination of the guardianship order under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement and any person who is authorized to file a petition for the appointment of a guardian for the child may also request a termination of the guardianship order. (ar) Subject to sub. (3p) (fm) 1m. and (hm), a county department or, in a county having a population of 750,000 or more, the

Updated 23-24 Wis. Stats. 120 department shall enter into an agreement under par. (am) 6. if all of the following conditions are met: 1. All of the conditions in par. (am) 1. to 5r. are met. 2. The applicant has expressed a willingness to enter into the agreement. (b) 1. The county department or, in a county having a population of 750,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am). 2. When any long-term kinship care provider of a child applies for or receives payments under this subsection, any right of the child or the child’s parent to support or maintenance from any other person accruing during the time that payments are made under this subsection is assigned to the state. If a child is the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party. (c) The county department or, in a county having a population of 750,000 or more, the department shall require the parent or parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child. (cm) A long-term kinship care provider who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3m) or s. 48.62 (4) or 48.623 (1) or (6) for that child. (d) The county department or, in a county having a population of 750,000 or more, the department shall, at least once every 12 months after the county department or department begins making payments under this subsection, determine whether any of the events specified in par. (am) 6. a. to f. have occurred. If any such events have occurred, the county department or department shall discontinue making those payments. (e) The department shall determine whether the child is eligible for medical assistance under ss. 49.43 to 49.471. (f) Any person whose application for payments under par. (am) is not acted on promptly, is denied on the grounds that a condition specified in par. (am) 1., 2., 5., 5m., or 5r. has not been met, or is denied following a review under sub. (3p) (hm) on the grounds that a condition specified in par. (am) 4. or 4m. has not been met, and any person whose payments under par. (am) are discontinued under par. (d), may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review. (g) 1. Upon receipt of a timely petition under par. (f) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the de-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

partment whose action or failure to act is the subject of the petition. The decision shall be final, but may be reviewed under ss. 227.52 to 227.58 or revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies: a. The petitioner withdraws the petition in writing. b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law. c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department. 2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 750,000 or more, the subunit of the department administering of the long-term kinship care program in that county that the recipient has requested a hearing. Payments under par. (am) shall be discontinued if any of the following applies: a. The recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient’s behalf. b. The recipient is notified of a change in his or her payments under par. (am) while the hearing decision is pending but the recipient fails to request a hearing on the change. 3. The recipient shall be promptly informed in writing if his or her payments under par. (am) are to be discontinued pending the hearing decision. (h) A county department or, in a county having a population of 750,000 or more, the department may recover an overpayment made under par. (am) from a long-term kinship care provider who continues to receive payments under par. (am) by reducing the amount of the long-term kinship care provider’s monthly payment. The department may by rule specify other methods for recovering overpayments made under par. (am). A county department that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule. (i) The department shall promulgate rules to implement this subsection. Those rules shall include rules governing the provision of long-term kinship care payments for the care and maintenance of a child after the child attains 18 years of age. (3p) (a) In this subsection, “adult resident” means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n). (b) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant. 2. The county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3m) at the time

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of review under sub. (3m) (d) or at any other time that the county department or department considers to be appropriate. 3. The county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3n) at any time that the county department or department considers to be appropriate. (c) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, shall, in addition to the investigation under par. (b) 1., conduct a background investigation of all employees and prospective employees of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident. 2. The county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under sub. (3m) who have or would have regular contact with the child for whom those payments are being made and of each adult resident at the time of review under sub. (3m) (d) or at any other time that the county department or department considers to be appropriate. 2m. The county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under sub. (3n) who have or would have regular contact with the child for whom payments are being made and of each adult resident at any time that the county department or department considers to be appropriate. 3. Before a person who is receiving payments under sub. (3m) or (3n) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employee or prospective adult resident unless that person has already been investigated under subd. 1., 2. or 2m. (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department or, in a county having a population of 750,000 or more, the department determines that the person’s employment, licensing or state court records provide a reasonable basis for further investigation, the county department or department shall require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction. (e) Upon request, a person being investigated under par. (b) or (c) shall provide the county department or, in a county having a population of 750,000 or more, the department with all of the following information: 1. The person’s name. 2. The person’s social security number. 3. Other identifying information, including the person’s

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birthdate, gender, race and any identifying physical characteristics. 4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule. (fm) 1. The county department or, in a county having a population of 750,000 or more, the department may provisionally approve the making of payments under sub. (3m) based on the applicant’s statement under sub. (3m) (am) 4m. The county department or department may not finally approve the making of payments under sub. (3m) unless the county department or department receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. or payment is approved under par. (h) 4. The county department or department may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person’s conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3. 1m. The county department or, in a county having a population of 750,000 or more, the department may not enter into the agreement under sub. (3n) (am) 6. unless the county department or department receives information from the department of justice relating to the conviction record of the applicant under the law of this state and that record indicates either that the applicant has not been arrested or convicted or that the applicant has been arrested or convicted but the director of the county department or, in a county having a population of 750,000 or more, the person designated by the secretary to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that the director or person designated by the secretary determines is likely to adversely affect the child or the applicant’s ability to care for the child. The county department or, in a county having a population of 750,000 or more, the department may make payments under sub. (3n) conditioned on the receipt of information from the federal bureau of investigation indicating that the person’s conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 750,000 or more, the person designated by the secretary to review conviction records under this subdivision determines is likely to adversely affect the child or the applicant’s ability to care for the child. 2. A person receiving payments under sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 750,000 or more, the department that the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 750,000 or more, the department receives information from the department of justice indicating that the person’s conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department or, in a county having a population of 750,000 or more, the department so advises the person receiving payments under sub. (3m)

Updated 23-24 Wis. Stats. 122 or until a decision is made under par. (h) 4. to permit a person who is receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or to permit a person to be an adult resident and the county department or, in a county having a population of 750,000 or more, the department so advises the person receiving payments under sub. (3m). A person receiving payments under sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 750,000 or more, the department that the federal bureau of investigation indicates that the person’s conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3. 2m. A person receiving payments under sub. (3n) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 750,000 or more, the department that, to the best of his or her knowledge, the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payment under sub. (3n) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 750,000 or more, the department receives information from the department of justice relating to the person’s conviction record under the law of this state and that record indicates either that the person has not been arrested or convicted or that the person has been arrested or convicted but the director of the county department or, in a county having a population of 750,000 or more, the person designated by the secretary to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that is likely to adversely affect the child or the ability of the person receiving payments to care for the child and the county department or department so advises the person receiving payments under sub. (3n). A person receiving payments under sub. (3n) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 750,000 or more, the department that the federal bureau of investigation indicates that the person’s conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 750,000 or more, the person designated by the secretary to review conviction records under this subdivision determines is likely to adversely affect the child or the ability of the person receiving payments to care for the child. (g) Except as provided in par. (h), the county department or, in a county having a population of 750,000 or more, the department may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies: 1. The person has been convicted of a violation of ch. 961

May 22, 2026, are designated by NOTES. (Published 5-22-26)

that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 961 that is punishable as a felony if committed in this state. 2. The person has had imposed on him or her a penalty specified in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.6195, 939.62, 939.621, 939.623, 939.63 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state. 3. The person has been convicted of a violation of ch. 940, 944, or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63, or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944, or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63, or 948.70, if committed in this state, except that a county department or, in a county having a population of 750,000 or more, the department may make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of s. 944.30 (1m), 944.31, or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30 (1m), 944.31, or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation. (h) 1. A person who is denied payments under sub. (3m) for a reason specified in par. (g) 1., 2. or 3. or a person who is prohibited from employing a person in a position in which that person would have regular contact with the child for whom payments under sub. (3m) are being made from permitting a person to be an adult resident for a reason specified in par. (g) 1., 2. or 3. may request that the denial of payments or the prohibition on employment or being an adult resident be reviewed. 2. The request for review shall be filed with the director of the county department or, in a county having a population of 750,000 or more, with the person designated by the secretary to receive requests for review filed under this subdivision. If the governing body of an Indian tribe has entered into an agreement under sub. (3t) to administer the program under this subsection and sub. (3m), the request for review shall be filed with the person designated by that governing body to receive requests for review filed under this subdivision. 3. The director of the county department, the person designated by the governing body of an Indian tribe or, in a county having a population of 750,000 or more, the person designated by the secretary shall review the denial of payments or the prohibition on employment or being an adult resident to determine if the conviction record on which the denial or prohibition is based includes any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care provider to care for the child. In reviewing the denial or prohibition, the director of the county department, the person designated by the governing body of the Indian tribe or the person designated by the secretary shall consider all of the following factors: a. The length of time between the date of the arrest, conviction or of the imposition of the penalty and the date of the review. b. The nature of the violation or penalty and how that violation or penalty affects the ability of the kinship care provider to care for the child. c. Whether making an exception to the denial or prohibition would be in the best interests of the child. 4. If the director of the county department, the person designated by the governing body of the Indian tribe or, in a county

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having a population of 750,000 or more, the person designated by the secretary determines that the conviction record on which the denial of payments or the prohibition on employment or being an adult resident is based does not include any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care provider to care for the child, the director of the county department, the person designated by the governing body of the Indian tribe, or the person designated by the secretary may approve the making of payments under sub. (3m) or may permit a person receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident. 5. A person who is aggrieved by a decision under this paragraph may obtain a hearing on that decision under sub. (3m) (g) as provided in sub. (3m) (f). (hm) A county department or, in a county having a population of 750,000 or more, the department may not make payments to a person under sub. (3n) and a person receiving payments under sub. (3n) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 750,000 or more, the person designated by the secretary to review conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the person’s ability to care for the child. A person who is aggrieved by a decision under this paragraph may obtain a hearing on that decision under sub. (3n) (g) as provided in sub. (3n) (f). (i) A county department and, in a county having a population of 750,000 or more, the department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35. (j) A county department or, in a county having a population of 750,000 or more, the department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation. (3t) Notwithstanding subs. (3m), (3n), and (3p), the department may enter into an agreement with the governing body of an Indian tribe to allow that governing body to administer the program under subs. (3m), (3n), and (3p) within the boundaries of the reservation of the Indian tribe. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory. History: 1977 c. 29; 1977 c. 83 s. 26; 1977 c. 271, 354, 418, 447, 449; 1979 c. 34, 221; 1981 c. 329; 1983 a. 189 s. 329 (17); 1983 a. 447; 1985 a. 176; 1987 a. 339; 1993 a. 385, 395, 446, 491; 1995 a. 27 ss. 2575 to 2579m, 9126 (19); 1995 a. 77, 289, 443; 1997 a. 3, 27, 35, 36, 41, 105, 237, 252, 292; 1999 a. 9, 103, 133, 162; 2001 a. 16 ss. 1629, 4036-4038, 4040, 4042, 4043; 2001 a. 38, 59, 69, 109; 2005 a. 25, 232, 293; 2007 a. 20; 2009 a. 28, 71, 94, 180; 2011 a. 32; 2013 a. 20, 334, 335, 362; 2015 a. 55, 166, 172; 2017 a. 59, 145, 365, 366; 2019 a. 9, 109; 2021 a. 58, 76; 2023 a. 19, 119; 2025 a. 15. This section does not authorize the department to place children in a detention home temporarily while permanent placement is sought. State ex rel. Harris v. Larson, 64 Wis. 2d 521, 219 N.W.2d 335 (1974). County agencies providing child welfare services do not have authority under sub. (1) or s. 48.52 to lease real property for foster home use. 65 Atty. Gen. 93.

48.576 Shelter care facilities; general supervision and inspection by department. (1) GENERALLY. The de-

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partment shall investigate and supervise all shelter care facilities and familiarize itself with all the circumstances affecting their management and usefulness. (2) INSPECTIONS. The department shall inquire into the methods of treatment, instruction, government, and management of children placed in shelter care facilities; the conduct of the trustees, managers, directors, superintendents, and other officers and employees of those facilities; the condition of the buildings, grounds, and all other property pertaining to those facilities; and all other matters pertaining to the usefulness and management of those facilities; and recommend to the officers in charge such changes and additional provisions as the department considers proper. (3) FREQUENCY OF INSPECTIONS. The department shall inspect and investigate each shelter care facility at least annually and, when directed by the governor, the department shall conduct a special investigation into a shelter care facility’s management, or anything connected with its management, and report to the governor the testimony taken, the facts found, and conclusions drawn. (4) ENFORCEMENT BY ATTORNEY GENERAL AND DISTRICT ATTORNEYS. Upon request of the department, the attorney general or the district attorney of the proper county shall aid in any investigation, inspection, hearing, or trial had under the provisions of this chapter relating to powers of the department, and shall institute and prosecute all necessary actions or proceedings for the enforcement of those provisions and for the punishment of violations of those provisions. The attorney general or district attorney so requested shall report or confer with the department regarding the request, within 30 days after the receipt of the request. (5) OPPORTUNITY TO INSPECT. All trustees, managers, directors, superintendents, and other officers or employees of a shelter care facility shall at all times afford to every member of the department and its agents unrestrained facility for inspection of and free access to all parts of the buildings and grounds and to all books and papers of the shelter care facility, and shall give, either verbally or in writing, such information as the department requires. Any person who violates this subsection shall forfeit not less than $10 nor more than $100. (6) TESTIMONIAL POWER; EXPENSES. The department or any person delegated by the department may administer oaths, take testimony, and cause depositions to be taken. All expenses of the investigations, including fees of officers and witnesses, shall be charged to the appropriation for the department. (7) STATISTICS TO BE FURNISHED. Whenever the department is required to collect statistics, the person or agency shall furnish the required statistics on request. History: 2007 a. 20.

48.578 Shelter care facilities; establishment, approval, inspection. (1) The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of shelter care facilities, with respect to their adequacy and fitness for the needs that they are to serve. (2) The selection and purchase of the site, and the plans, specifications, and erection of buildings for shelter care facilities shall be subject to the review and approval of the department. Department review shall include review of the proposed program to be carried out by the shelter care facility. (3) Before any shelter care facility is occupied, and at least annually thereafter, the department shall inspect the shelter care facility, with respect to safety, sanitation, adequacy, and fitness, and report to the authorities managing the shelter care facility any deficiency found, and order the necessary work to correct that deficiency. If within 6 months after the inspection the work is not

commenced, or not completed within a reasonable period after commencement of the work, to the satisfaction of the department, the department shall suspend the allowance of state aid for, and prohibit the use of the shelter care facility, until the order is complied with. History: 2007 a. 20.

48.58 County children’s home in populous counties. Any existing county children’s home in counties with a population of 750,000 or more may do any of the following: (2) Provide care for children in need of protection or services, and delinquent juveniles referred by the county department under s. 46.215, if the delinquent juveniles are placed in separate facilities; (3) Provide temporary shelter care for children in need of protection or services and delinquent juveniles; provided that the delinquent juveniles are placed in separate facilities. (4) Provide temporary shelter care for children taken into custody under s. 48.19 or 938.19. (5) Provide temporary shelter care for children placed in the county children’s home under a voluntary agreement under s. 48.63 (1) (b). History: 1973 c. 90; 1975 c. 39, 189, 224; 1977 c. 29, 194, 271, 354, 418, 447, 449; 1979 c. 34 s. 2102 (20) (a); 1979 c. 300; 1981 c. 20; 1985 a. 176; 1995 a. 77; 1997 a. 27; 2013 a. 335; 2015 a. 172.

48.59 Examination and records. (1) The county department or, in a county having a population of 750,000 or more, the department or an agency under contract with the department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.345 and of every expectant mother of an unborn child placed under its supervision under s. 48.347 and make any physical or mental examinations of the child or expectant mother considered necessary to determine the type of care necessary for the child or expectant mother. The county department, department or agency shall screen a child or expectant mother who is examined under this subsection to determine whether the child or expectant mother is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department, department or agency shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child or expectant mother, the results of all tests and examinations given the child or expectant mother and a complete history of all placements of the child while in the legal custody or under the supervision of the county department, department or agency or of the expectant mother while under the supervision of the county department, department or agency. (2) At the department’s request, the county department shall report to the department regarding children who are in the legal custody or under the supervision of the county department and expectant mothers of unborn children who are under the supervision of the county department. History: 1977 c. 449; 1985 a. 176; 1993 a. 385, 446, 491; 1995 a. 77; 1997 a. 27, 292; 2015 a. 172. A county with a population under 500,000 [now 750,000] may, by ordinance under s. 19.21 (6) [now s. 19.21 (5)], provide for the destruction of obsolete case records maintained by county social services agencies. 70 Atty. Gen. 196.

SUBCHAPTER XIII CHILD WELFARE AGENCIES 48.599 Definitions. In this subchapter: (1g) “Child” means a person under 18 years of age. For pur-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

poses of the authority to provide care and maintenance for a child placed in a residential care center for children and youth operated by a child welfare agency and of counting the number of children for whom a child welfare agency may provide such care and maintenance, “child” also includes a person 18 years of age or over, but under 21 years of age, who is placed in a residential care center for children and youth operated by a child welfare agency under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates after the person attains 18 years of age, under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3), or under the placement and care responsibility of another state under 42 USC 675 (8) (B) (iv). (1r) “Physical restraint” includes all of the following: (a) A locked room. (b) A device or garment that interferes with a child’s freedom of movement and that the child is unable to remove easily. (c) Restraint by a child welfare agency staff member of a child by use of physical force. (2) “Psychotropic medication” means an antipsychotic, antidepressant, lithium carbonate or a tranquilizer. History: 1989 a. 336; 2015 a. 55.

48.60 Child welfare agencies licensed. (1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months’ period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under s. 48.67, meet the requirements specified in s. 48.685 and pay the applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5). (2) This section does not include: (a) A relative or like-kin, guardian, or person delegated care and custody of a child under s. 48.979 who provides care and maintenance for such children. (b) A bona fide educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than 2 months of summer vacation. (c) A public agency. (d) A hospital or nursing home licensed, approved or supervised by the department. (e) A licensed foster home. (f) Institutions for mentally deficient children, which institutions have a full-time child population of not less than 150 children and which are subject to examination as provided in s. 46.03 (5). (g) A licensed group home. (3) Before issuing or continuing any license to a child welfare agency under this section, the department shall review the need for the additional placement resources that would be made available by licensing or continuing the license of any child welfare agency after August 5, 1973, providing care authorized under s. 48.61 (3). Neither the department nor the department of corrections may make any placements to any child welfare agency where the departmental review required under this subsection has failed to indicate the need for the additional placement resources. (4) (a) In this subsection, “child with a disability” has the meaning given in s. 115.76 (5). (b) Notwithstanding ss. 121.78 (3) (a) and 121.79 (1) (a), a

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child welfare agency shall pay for the costs incurred by a school district in providing special education and related services to a child with a disability who has been placed with the child welfare agency under the Interstate Compact on the Placement of Children under s. 48.988 or the Interstate Compact for the Placement of Children under s. 48.99. (5) (a) No later than 24 hours after the death of a child who resided in a residential care center for children and youth operated by a child welfare agency, the child welfare agency shall report the death to the department if one of the following applies: 1. There is reasonable cause to believe that the death was related to the use of physical restraint or a psychotropic medication for the child. 3. There is reasonable cause to believe that the death was a suicide. (c) No later than 14 days after the date of the death reported under par. (a), the department shall investigate the death. History: 1973 c. 90; 1975 c. 39; 1979 c. 300; 1989 a. 31, 107, 336; 1991 a. 39; 1993 a. 446; 1995 a. 27 ss. 2582, 9126 (19); 1995 a. 77; 1997 a. 27, 164; 1999 a. 9, 83; 2001 a. 59, 69; 2007 a. 20; 2009 a. 28, 339; 2011 a. 87; 2023 a. 119.

48.61 Powers and duties of child welfare agencies. A child welfare agency shall have authority: (1) To accept legal or physical custody of children transferred to it by the court under s. 48.355. (2) To contract with any parent or guardian or other person for the supervision or care and maintenance of any child. (3) To provide appropriate care and training for children in its legal or physical custody and, if licensed to do so, to place children in licensed foster homes and licensed group homes as permitted under s. 48.63 (1) (a), in shelter care facilities as permitted under s. 48.63 (1) (b), and in the homes of guardians as permitted under s. 48.977 (2). (4) To provide for the moral and religious training of children in its legal custody according to the religious belief of the child or the child’s parents. (5) If licensed to do so, to accept guardianship of children when appointed by the court, and to place children under its guardianship for adoption. (6) To provide services to the court under s. 48.07. (7) To license foster homes in accordance with s. 48.75 if licensed to do so. History: 1977 c. 354 s. 101; 1977 c. 418, 449; 1979 c. 300; 1991 a. 316; 1993 a. 446; 1999 a. 83; 2005 a. 25; 2009 a. 28; 2013 a. 335. Cross-reference: See also ch. DCF 54, Wis. adm. code.

48.615 Child welfare agency licensing fees. (1) (a) Except as provided in par. (e), before the department may issue a license under s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of a residential care center for children and youth operated by the child welfare agency, the child welfare agency must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the child welfare agency is licensed to serve. (b) Except as provided in par. (e), before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed group homes, shelter care facilities approved under s. 938.22 (2) (c), and in the homes of guardians under s. 48.977 (2), the child welfare agency must pay to the department a biennial fee of $254.10. (c) A child welfare agency that wishes to continue a license issued under s. 48.60 (1) shall pay the applicable fee under par. (a) or (b) by the continuation date of the license. (d) A new child welfare agency shall pay the applicable fee

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under par. (a) or (b) no later than 30 days before the opening of the child welfare agency. (e) An individual who is eligible for a fee waiver under the veterans fee waiver program under s. 45.44 is not required to pay the fee under par. (a) or (b) for a license under s. 48.60 (1). (2) A child welfare agency that wishes to continue a license issued under s. 48.60 (1) and that fails to pay the applicable fee under sub. (1) (a) or (b) by the continuation date of the license or a new child welfare agency that fails to pay the applicable fee under sub. (1) (a) or (b) by 30 days before the opening of the child welfare agency shall pay an additional fee of $5 per day for every day after the deadline that the agency fails to pay the fee. History: 1991 a. 39; 1993 a. 446; 1995 a. 27; 1997 a. 27; 2001 a. 59; 2005 a. 25; 2009 a. 28; 2011 a. 209; 2013 a. 335.

SUBCHAPTER XIV FOSTER HOMES 48.619 Definition. In this subchapter, “child” means a person under 18 years of age. For purposes of the authority to provide care and maintenance for a child and of counting the number of children for whom a foster home or group home may provide care and maintenance, “child” also includes a person 18 years of age or over, but under 21 years of age, who resides in the foster home or group home under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates after the person attains 18 years of age, under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3), or under the placement and care responsibility of another state under 42 USC 675 (8) (B) (iv). History: 2001 a. 69; 2009 a. 28; 2013 a. 334; 2015 a. 55.

48.62 Licensing of foster homes; rates. (1) Any person who receives, with or without transfer of legal custody, 4 or fewer children or, if necessary to enable a sibling group to remain together, 6 or fewer children or, if the department promulgates rules permitting a different number of children, the number of children permitted under those rules, to provide care and maintenance for those children shall obtain a license to operate a foster home from the department, a county department or a licensed child welfare agency as provided in s. 48.75. (2) A relative or like-kin, a guardian of a child, or a person delegated care and custody of a child under s. 48.979 who provides care and maintenance for the child is not required to obtain the license specified in this section. The department, county department, or licensed child welfare agency as provided in s. 48.75 may issue a license to operate a foster home to a relative or likekin who has no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department, or a licensed child welfare agency may, at the request of a guardian appointed under s. 48.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., license the guardian’s home as a foster home for the guardian’s minor ward who is living in the home and who is placed in the home by court order. Relatives and like-kin with no duty of support and guardians appointed under s. 48.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., who are licensed to operate foster homes are subject to the department’s licensing rules. (3) When the department, a county department, or a child welfare agency issues a license to operate a foster home, the department, county department, or child welfare agency shall notify the school district in which the foster home is located that a foster home has been licensed in the school district.

Updated 23-24 Wis. Stats. 126 (4) (a) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2026, the rates are $384 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a), and for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, the rates are all of the following: 1. For a child under 5 years of age, $452. 2. For a child 5 to 11 years of age, $495. 3. For a child 12 to 14 years of age, $562. 4. For a child 15 years of age or over, $586. (b) In addition to the grants under par. (a) for basic maintenance, the department, county department, or licensed child welfare agency shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c). (6) The department or a county department may recover an overpayment made under sub. (4) from a foster parent who continues to receive those payments by reducing the amount of the foster parent’s monthly payment. The department may by rule specify other methods for recovering those overpayments. A county department that recovers an overpayment under this subsection due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule. (7) In each federal fiscal year, the department shall ensure that there are no more than 2,200 children in foster care placements for more than 24 months, consistent with the best interests of each child. Services provided in connection with this requirement shall comply with the requirements under P.L. 96-272. (8) The department shall promulgate rules relating to foster homes as follows: (a) Rules providing levels of care that a foster home is licensed to provide. Those levels of care shall be based on the level of knowledge, skill, training, experience, and other qualifications that are required of the licensee, the level of responsibilities that are expected of the licensee, the needs of the children who are placed with the licensee, and any other requirements relating to the ability of the licensee to provide for those needs that the department may promulgate by rule. (b) Rules establishing a standardized assessment tool to assess the needs of a child placed or to be placed outside the home, to determine the level of care that is required to meet those needs, and to place the child in a placement that meets those needs. A foster home that is certified to provide a given level of care under par. (a) may provide foster care for any child whose needs are assessed to be at or below the level of care that the foster home is certified to provide. A foster home that is certified to provide a given level of care under par. (a) may not provide foster care for any child whose needs are assessed to be above that level of care unless the department, county department, or child welfare agency issuing the foster home license determines that support or services sufficient to meet the child’s needs are in place and grants an exception to that prohibition. (c) Rules providing monthly rates of reimbursement for foster care that are commensurate with the level of care that the foster home is licensed to provide and the needs of the child who is placed in the foster home. Those rates shall include rates for supplemental payments for special needs, exceptional circumstances, and initial clothing allowances for children placed in a foster home that is receiving an age-related monthly rate under sub. (4).

May 22, 2026, are designated by NOTES. (Published 5-22-26)

In promulgating the rules under this paragraph, the department shall provide a mechanism for equalizing the amount of reimbursement received by a foster parent prior to the promulgation of those rules and the amount of reimbursement received by a foster parent under those rules so as to reduce the amount of any reimbursement that may be lost as a result of the implementation of those rules. (d) Rules providing a monthly retainer fee for a foster home that agrees to maintain openings for emergency placements. (9) As soon as the department is ready to implement the rules promulgated under sub. (8), the secretary shall send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states the date on which the provisions of 2009 Wisconsin Act 28, relating to foster care levels of care will become effective. History: 1977 c. 354 s. 101; 1977 c. 418, 447; 1981 c. 20; 1985 a. 29 s. 3202 (23); 1985 a. 176, 281, 332, 403; 1989 a. 31, 336; 1993 a. 395 ss. 31m, 39; 1993 a. 437 s. 67; 1993 a. 446 ss. 79 to 82, 134m; 1993 a. 491; 1995 a. 275; 1997 a. 27, 334; 1999 a. 9; 2001 a. 69; 2005 a. 25, 232, 387; 2007 a. 20 ss. 810, 1322, 1323; 2009 a. 28, 71; 2011 a. 32, 87; 2013 a. 20; 2017 a. 59, 251; 2019 a. 9, 109; 2021 a. 58; 2021 a. 240 s. 30; 2023 a. 19, 119; 2025 a. 15. Cross-reference: See also ch. DCF 56, Wis. adm. code. A foster child in a family owned foster home under a one-year dispositional order is a resident of the household for insurance purposes. A.G. v. Travelers Insurance Co., 112 Wis. 2d 18, 331 N.W.2d 643 (Ct. App. 1983). Foster homes owned, operated, or contracted for by the department or a county department are immune from local zoning ordinances. Foster homes owned, operated, or contracted for by licensed child welfare agencies are not immune. All family operated foster homes are subject to local zoning. Municipal foster home licensing ordinances are unenforceable. 63 Atty. Gen. 34. State-licensed foster homes are immune from local zoning ordinances restricting the number of unrelated occupants of single family dwellings. 66 Atty. Gen. 342.

48.623 Subsidized guardianships. (1) ELIGIBILITY. A county department or, as provided in sub. (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) to a guardian of a child under s. 48.977 (2) or under a substantially similar tribal law if the county department, Indian tribe, or department determines that the conditions specified in pars. (a) to (d) have been met. A county department or, as provided in sub. (3) (a), a tribe or the department shall also provide those payments for the care of a sibling of such a child, regardless of whether the sibling meets the conditions specified in par. (a), if the county department, Indian tribe, or department and the guardian agree on the appropriateness of placing the sibling in the home of the guardian. A guardian of a child under s. 48.977 (2) or under a substantially similar tribal law is eligible for monthly subsidized guardianship payments under this subsection if the county department, Indian tribe, or department, whichever will be providing those payments, determines that all of the following apply: (a) The child meets all of the following conditions: 1. The child has been removed from his or her home under a voluntary agreement under s. 48.63 or under a substantially similar tribal law or under a court order containing a finding that continued placement of the child in his or her home would be contrary to the welfare of the child. 2. The child has been residing in the home of the guardian for not less than 6 consecutive months. 3. The child’s situation precludes return of the child to his or her home or adoption as appropriate permanency options for the child. 4. The child demonstrates a strong attachment to the guardian. 5. If the child is 14 years of age or over, the child has been consulted with regarding the guardianship arrangement. (b) The guardian meets all of the following conditions: 1. The guardian is any of the following: a. A relative of the child.

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b. A person who has a significant emotional relationship with the child or the child’s family and who, prior to the child’s placement in out-of-home care, had an existing relationship with the child or the child’s family that is similar to a familial relationship. c. Subject to the rules promulgated under sub. (7) (dm), a person who has a significant emotional relationship with the child or the child’s family and who, during the child’s placement in out-of-home care, developed a relationship with the child or the child’s family that is similar to a familial relationship. 2. The guardian has a strong commitment to caring permanently for the child. 3. The guardian is licensed as the child’s foster parent and the guardian and all adults residing in the guardian’s home meet the requirements specified in s. 48.685 or, for a guardianship of a child ordered by a tribal court in which the background investigation is conducted by the Indian tribe, all adults residing in the guardian’s home meet either the requirements specified in s. 48.685 or the background check requirements for foster parent licensing under 42 USC 671 (a) (20). 5. Prior to being named as the guardian of the child, the guardian entered into a subsidized guardianship agreement under sub. (2) with the county department or department. (c) An order under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or a tribal court under a substantially similar tribal law placing the child, or continuing the placement of the child, outside of the child’s home has been terminated, or any proceeding in which the child has been adjudged to be in need of protection or services specified in s. 48.977 (2) (a) has been dismissed, as provided in s. 48.977 (3r) (a). (d) If the county department or department knows or has reason to know that the child is an Indian child, the Indian child’s parent, Indian custodian, and tribe have been provided with notice of the child’s placement in the home of the guardian under s. 48.977 (4) (c) 2m. and the court has found under s. 48.977 (4) (g) 4. that the home of the guardian is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court found good cause, as described in s. 48.028 (7) (e), for departing from that order. (1m) DURATION OF ELIGIBILITY. Subsidized guardianship payments under sub. (1) or (6) may be continued after the child attains 18 years of age if any of the following applies: (a) The child is under 19 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program before reaching 19 years of age. (b) The child is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, has a mental or physical disability that warrants the continuation of those payments as determined by the county department or, in a county having a population of 750,000 or more, the department, is not eligible for social security disability insurance under 42 USC 401 to 433 or supplemental security income under 42 USC 1381 to 1385 based on disability, and otherwise lacks adequate resources to continue in secondary school or its vocational or technical equivalent. (c) The child is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the child, and the subsidized guardianship agreement for the child became effective on or after the date on which the child attained 16 years of age. (2) SUBSIDIZED GUARDIANSHIP AGREEMENT. Before a county department, an Indian tribe, or the department may ap-

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prove the provision of subsidized guardianship payments under sub. (1) to a proposed guardian, the county department, Indian tribe, or department shall negotiate and enter into a written, binding subsidized guardianship agreement with the proposed guardian and provide the proposed guardian with a copy of the agreement. A subsidized guardianship agreement or an amended subsidized guardianship agreement may also name a prospective successor guardian of the child to assume the duty and authority of guardianship on the death or incapacity of the guardian. A successor guardian is eligible for monthly subsidized guardianship payments under this section only if the successor guardian is named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian, the conditions specified in sub. (6) (bm) are met, and the court appoints the successor guardian to assume the duty and authority of guardianship as provided in s. 48.977 (5m). A subsidized guardianship agreement shall specify all of the following: (a) The amount of the monthly subsidized guardianship payments that will be provided under the agreement and the manner in which those payments may be adjusted periodically, in consultation with the guardian, based on the circumstances of the guardian and the needs of the child. (b) Any additional services and assistance for which the child or guardian will be eligible under the agreement, a description of those additional services and that additional assistance, and the procedures by which the guardian may apply for those additional services and that additional assistance. (c) That the county department, Indian tribe, or department will pay the total cost of the nonrecurring expenses that are associated with obtaining guardianship of the child, not to exceed $2,000. (d) That the agreement shall remain in effect without regard to the state of residence of the guardian. (e) That, in determining eligibility for adoption assistance under s. 48.975 and 42 USC 673 for the care of the child, the placement of the child in the home of the guardian and any payments made under sub. (1) shall be considered never to have been made. (3) PAYMENTS. (a) Except as provided in this paragraph, the county department shall provide the monthly payments under sub. (1) or (6). An Indian tribe that has entered into an agreement with the department under sub. (8) shall provide the monthly payments under sub. (1) or (6) for guardianships of children ordered by the tribal court, or a county department may provide the monthly payments under sub. (1) or (6) for guardianships of children ordered by the tribal court if the county department has entered into an agreement with the governing body of an Indian tribe to provide those payments. The county department or Indian tribe shall provide those payments from moneys received under s. 48.48 (8r). The department shall reimburse county departments and Indian tribes for the cost of subsidized guardianship payments, including payments made by county departments for guardianships of children ordered by tribal courts, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd). In a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), the department shall provide the monthly payments under sub. (1) or (6). The department shall provide those payments from the appropriations under s. 20.437 (1) (cx) and (mx). (b) The county department or, as provided in par. (a), an Indian tribe or the department shall determine the initial amount of a monthly payment under sub. (1) or (6) for the care of a child based on the circumstances of the guardian and the needs of the child. That amount may not exceed the amount received under s.

Updated 23-24 Wis. Stats. 128 48.62 (4) or a substantially similar tribal law by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted. A guardian or an interim caretaker who receives a monthly payment under sub. (1) or (6) for the care of a child is not eligible to receive a payment under s. 48.57 (3m) or (3n) or 48.62 (4) for the care of that child. (c) 1. If a person who is receiving monthly subsidized guardianship payments under an agreement under sub. (2) believes that there has been a substantial change in circumstances, as defined by the department by rule promulgated under sub. (7) (a), he or she may request that the agreement be amended to increase the amount of those payments. If a request is received under this subdivision, the county department, Indian tribe, or department shall determine whether there has been a substantial change in circumstances and whether there has been a substantiated report of abuse or neglect of the child by the person receiving those payments. If there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by that person, the county department, Indian tribe, or department shall offer to increase the amount of those payments based on criteria established by the department by rule promulgated under sub. (7) (b). If an increased monthly subsidized guardianship payment is agreed to by the person receiving those payments, the county department, Indian tribe, or department shall amend the agreement in writing to specify the increased amount of those payments. 2. Annually, a county department, Indian tribe, or the department shall review an agreement that has been amended under subd. 1. to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist. If that substantial change in circumstances continues to exist, the agreement, as amended, shall remain in effect. If that substantial change in circumstances no longer exists, the county department, Indian tribe, or department shall offer to decrease the amount of the monthly subsidized guardianship payments provided under sub. (1) based on criteria established by the department under sub. (7) (c). If the decreased amount of those payments is agreed to by the person receiving those payments, the county department, Indian tribe, or department shall amend the agreement in writing to specify the decreased amount of those payments. If the decreased amount of those payments is not agreed to by the person receiving those payments, that person may appeal the decision of the county department, Indian tribe, or department regarding the decrease under sub. (5). 3. A county department or the department may propose to a person receiving monthly subsidized guardianship payments that the agreement under sub. (2) be amended to adjust the amount of those payments. If an adjustment in the amount of those payments is agreed to by the person receiving those payments, the agreement shall be amended in writing to specify the adjusted amount of those payments. 4. An agreement under sub. (2) may be amended more than once under subd. 1. or 3. (d) The department, an Indian tribe, or a county department may recover an overpayment made under sub. (1) or (6) from a guardian or interim caretaker who continues to receive those payments by reducing the amount of the person’s monthly payment. The department may by rule specify other methods for recovering those overpayments. A county department or Indian tribe that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule. (4) ANNUAL REVIEW. A county department, an Indian tribe, or the department shall review a placement of a child for which the county department, Indian tribe, or department makes payments under sub. (1) not less than every 12 months after the

May 22, 2026, are designated by NOTES. (Published 5-22-26)

county department, Indian tribe, or department begins making those payments to determine whether the child and the guardian remain eligible for those payments. If the child or the guardian is no longer eligible for those payments, the county department, Indian tribe, or department shall discontinue making those payments. (5) APPEAL. (a) Any person whose application for payments under sub. (1) is not acted on promptly or is denied on the grounds that a condition specified in sub. (1) has not been met and any person whose payments under sub. (1) are decreased under sub. (3) (c) 2. or discontinued under sub. (4) may petition the department under par. (b) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review. (b) 1. Upon receipt of a timely petition described in par. (a) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department, Indian tribe, or subunit of the department whose action or failure to act is the subject of the petition. That county department, Indian tribe, or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department, Indian tribe, or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department, Indian tribe, or subunit of the department whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies: a. The petitioner withdraws the petition in writing. b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law. c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department. 2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under sub. (1) are being decreased or discontinued, those payments may not be decreased or discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department, Indian tribe, or subunit of the department whose action is the subject of the hearing that the recipient has requested a hearing. Payments under sub. (1) shall be decreased or discontinued if the recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient’s behalf. 3. The recipient shall be promptly informed in writing if his or her payments under sub. (1) are to be decreased or discontinued pending the hearing decision. (6) INTERIM CARETAKER; SUCCESSOR GUARDIAN. (am) On the death, incapacity, resignation, or removal of a guardian receiving payments under sub. (1), the county department, Indian tribe, or department providing those payments shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) for a period of up to 12 months to an interim caretaker if all of the following conditions are met:

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48.623

1. The county department, Indian tribe, or department inspects the home of the interim caretaker, interviews the interim caretaker, and determines that placement of the child with the interim caretaker is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2). 2. The county department, Indian tribe, or department conducts a background investigation under s. 48.685 of the interim caretaker and any nonclient resident, as defined in s. 48.685 (1) (bm), of the home of the interim caretaker and determines that those individuals meet the requirements specified in s. 48.685. For investigations conducted by an Indian tribe, the background investigation may be conducted under s. 48.685 or by meeting the background check requirements for foster parent licensing under 42 USC 671 (a) (20). The county department, Indian tribe, or department shall provide the department of health services with information about each person who is denied monthly subsidized guardianship payments or permission to reside in the home of an interim caretaker for a reason specified in s. 48.685 (4m) (a) 1. to 5. or (b) 1. to 5. 3. The interim caretaker cooperates with the county department, Indian tribe, or department in finding a permanent placement for the child. 4. If the county department or department knows or has reason to know that the child is an Indian child, the county department or department provides notice of the Indian child’s placement in the home of the interim caretaker to the Indian child’s parent, Indian custodian, and tribe and determines that the home of the interim caretaker complies with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the county department or department finds good cause, as described in s. 48.028 (7) (e), for departing from that order. (bm) On the death or incapacity of a guardian receiving payments under sub. (1), the county department, an Indian tribe, or the department providing those payments shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) to a person named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian if all of the following conditions are met and the court appoints the person as successor guardian to assume the duty and authority of guardianship as provided in s. 48.977 (5m): 1. The county department, Indian tribe, or department determines that the child, if 14 years of age or over, has been consulted with regarding the successor guardianship arrangement. 2. The county department, Indian tribe, or department determines that the person has a strong commitment to caring permanently for the child. 3. The county department, Indian tribe, or department inspects the home of the person, interviews the person, and determines that placement of the child with the person is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2). 4. Prior to being appointed as successor guardian to assume the duty and authority of guardianship, the person enters into a subsidized guardianship agreement under sub. (2) with the county department, Indian tribe, or department. 5. Prior to the person entering into the subsidized guardianship agreement, the county department, Indian tribe, or department conducts a background investigation under s. 48.685 of the person and any nonclient resident, as defined in s. 48.685 (1) (bm), of the home of the person and determines that those indi-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

48.623

CHILDREN’S CODE

viduals meet the requirements specified in s. 48.685. The county department, Indian tribe, or department shall provide the department of health services with information about each person who is denied monthly subsidized guardianship payments or permission to reside in the home of a person receiving those payments for a reason specified in s. 48.685 (4m) (a) 1. to 5. or (b) 1. to 5. 6. Any order under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 placing the child, or continuing the placement of the child, outside of the child’s home has been terminated, or any proceeding in which the child has been adjudged to be in need of protection or services specified in s. 48.977 (2) (a) has been dismissed, as provided in s. 48.977 (3r) (b). 7. If the county department or department knows or has reason to know that the child is an Indian child, the county department or department provides notice of the Indian child’s placement in the home of the person to the Indian child’s parent, Indian custodian, and tribe and determines that the home of the person complies with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the county department or department finds good cause, as described in s. 48.028 (7) (e), for departing from that order. (7) RULES. The department shall promulgate rules to implement this section. Those rules shall include all of the following: (a) A rule defining the substantial change in circumstances under which a person receiving monthly subsidized guardianship payments under sub. (1) may request that an agreement made under sub. (2) be amended to increase the amount of those payments. (b) Rules establishing requirements for submitting a request under sub. (3) (c) 1. and criteria for determining the amount of the increase in monthly subsidized guardianship payments that a county department, an Indian tribe, or the department shall offer if there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the person receiving those payments. (c) Rules establishing the criteria for determining the amount of the decrease in monthly subsidized guardianship payments that the department shall offer under sub. (3) (c) 2. if a substantial change in circumstances no longer exists. The criteria shall provide that the amount of the decrease offered by the department under sub. (3) (c) 2. may not result in a monthly subsidized guardianship payment that is less than the initial monthly subsidized guardianship payment provided for the child under sub. (1). (d) Rules governing the provision of subsidized guardianship payments for the care of a child after the child attains 18 years of age. (dm) Rules establishing the conditions that must be met in order for a person specified in sub. (1) (b) 1. c. to be eligible for monthly subsidized guardianship payments under sub. (1). (e) Rules governing the payment of monthly subsidized guardianship payments to a successor guardian of a child. (8) TRIBAL AGREEMENTS. (a) The department may enter into an agreement with the governing body of an Indian tribe to allow that governing body to administer subsidized guardianships ordered by a tribal court under a tribal law substantially similar to s. 48.977 (2) and to be reimbursed by the department for eligible tribal subsidized guardianship payments. An agreement under this paragraph shall require the governing body of an Indian tribe to comply with all requirements for administering subsidized guardianships that apply to counties and the department, including eligibility. (b) A county department may provide the monthly payments under sub. (1) or (6) for guardianships of children ordered by the tribal court if the county department has entered into an agree-

Updated 23-24 Wis. Stats. 130 ment with the governing body of an Indian tribe to provide those payments. History: 2011 a. 32 ss. 1332n, 1332q to 1332u, 1332w; Stats. 2011 s. 48.623; 2013 a. 20; 2015 a. 55, 129, 143; 2017 a. 365 s. 110; 2019 a. 9; 2021 a. 132; 2023 a. 19; 2025 a. 129. Cross-reference: See also ch. DCF 55, Wis. adm. code.

48.625 Licensing of group homes; fees. (1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, not including children who under sub. (1m) are not counted toward that number, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, a person must meet the determination of need requirement under sub. (1g), meet the minimum requirements for a license established by the department under s. 48.67, meet the requirements specified in s. 48.685, and pay the license fee under sub. (2). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5). (1g) No person may apply for a license under sub. (1) to operate a new group home or for an amendment to a license under sub. (1) that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance or amendment of the license and has certified in writing that a need exists for the proposed additional placement resources. The department shall promulgate rules to implement this subsection. (1m) The department may issue a license under sub. (1) authorizing a group home solely to provide a safe and structured living arrangement for children 12 years of age or over who are custodial parents, as defined in s. 49.141 (1) (b), or expectant mothers and who are placed in the group home under s. 48.345 (3) (cm) or 938.34 (3) (cm) and for children 14 years of age or over who are custodial parents, as defined in s. 49.141 (1) (b), or expectant mothers and who are placed in the group home under voluntary agreements under s. 48.63 (5), and to provide those children with training in parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote the long-term economic independence of those children and the well-being of the children of those children. In licensing a group home described in this subsection, the department may not count toward the number of children whom the group home is licensed to serve the child of a child who is placed in the group home. The department shall promulgate rules establishing standards for a group home described in this subsection. Those rules shall require such a group home to provide for the health, safety, and welfare of the child of any child custodial parent who has been placed in that group home and to have a policy governing visitation between such a child and the child’s noncustodial parent. (2) (a) Except as provided in par. (c), before the department may issue a license under sub. (1) to a group home, the group home must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to continue a license issued under sub. (1) shall pay the fee under this paragraph by the continuation date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home. (b) A group home that wishes to continue a license issued under sub. (1) and that fails to pay the fee under par. (a) by the continuation date of the license or a new group home that fails to pay the fee under par. (a) by 30 days before the opening of the group home shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.

May 22, 2026, are designated by NOTES. (Published 5-22-26)

(c) An individual who is eligible for a fee waiver under the veterans fee waiver program under s. 45.44 is not required to pay the fee under par. (a) for a license under sub. (1). (2m) When the department issues a license to operate a group home, the department shall notify the school district in which the group home is located that a group home has been licensed in the school district. (3) This section does not apply to a foster home licensed under s. 48.62 (1) or to a relative or guardian of a child or a person delegated care and custody of a child under s. 48.979 who provides care and maintenance for the child. History: 1977 c. 418; 1985 a. 281; 1991 a. 39; 1993 a. 395, 446; 1995 a. 27; 1997 a. 27; 2001 a. 69; 2009 a. 28, 335; 2011 a. 87, 209; 2017 a. 251.

48.627 Foster parent insurance and liability. (2) (a) Before the department, a county department, or a licensed child welfare agency may issue, renew, or continue a foster home license, the licensing agency shall require the applicant to furnish proof satisfactory to the licensing agency that he or she has homeowner’s or renter’s liability insurance that provides coverage for negligent acts or omissions by children placed in a foster home that result in bodily injury or property damage to 3rd parties. (b) A licensing agency may, in accordance with rules promulgated by the department, waive the requirement under par. (a) if the applicant shows that he or she is unable to obtain the required insurance, that he or she has had a homeowner’s or renter’s liability insurance policy canceled or that payment of the premium for the required insurance would cause undue financial hardship. (c) The department shall conduct a study to determine the cost-effectiveness of purchasing insurance to provide standard homeowner’s or renter’s liability insurance coverage for applicants who are granted a waiver under par. (b). If the department determines that it would be cost-effective to purchase such insurance, it may purchase the insurance from the appropriations under s. 20.437 (1) (cf) and (pd). (d) The licensing agency shall specify the amounts of liability insurance coverage required under par. (a). (2c) The department shall determine the cost-effectiveness of purchasing private insurance that would provide coverage to foster parents for acts or omissions by or affecting a child who is placed in a foster home. If this private insurance is cost-effective and available, the department shall purchase the insurance from the appropriations under s. 20.437 (1) (cf) and (pd). If the insurance is unavailable, payment of claims for acts or omissions by or affecting a child who is placed in a foster home shall be in accordance with subs. (2m) to (3). (2m) Within the limits of the appropriations under s. 20.437 (1) (cf) and (pd), the department shall pay claims to the extent not covered by any other insurance and subject to the limitations specified in sub. (3), for bodily injury or property damage sustained by a licensed foster parent or a member of the foster parent’s family as a result of the act of a child in the foster parent’s care or as a result of an act or omission of the foster parent in granting permission for a child in the foster parent’s care to participate in an age or developmentally appropriate activity. (2s) Within the limits of the appropriations under s. 20.437 (1) (cf) and (pd), the department may pay claims to the extent not covered by any other insurance and subject to the limitations specified in sub. (3), for all of the following: (a) Acts or omissions of the foster parent that result in bodily injury to the child who is placed in the foster home or that form the basis for a civil action for damages by the foster child’s parent against the foster parent. (am) Acts or omission of the foster parent in granting permis-

CHILDREN’S CODE

48.627

sion for a child who is placed in the foster home to participate in an age or developmentally appropriate activity. (b) Bodily injury or property damage caused by an act or omission of a child who is placed in the foster parent’s care for which the foster parent becomes legally liable. (3) (b) A claim under sub. (2m) shall be submitted to the department within 90 days after the bodily injury or property damage occurs. A claim under sub. (2s) shall be submitted to the department within 90 days after a foster parent learns that a legal action has been commenced against that parent. No claim may be paid under this subsection unless it is submitted within the time limits specified in this paragraph. (c) The department shall review and approve in whole or in part or disapprove all claims received under this subsection during each 3-month period beginning with the period from July 1, 1985, to September 30, 1985. (d) No claim may be approved in an amount exceeding the total amount available for paying claims under this subsection in the fiscal year during which the claim is submitted. No claim for property damage sustained by a foster parent or a member of a foster parent’s family may be approved in an amount exceeding $250,000. (e) The department may not approve a claim unless the foster parent submits with the claim evidence that is satisfactory to the department of the cause and value of the claim and evidence that insurance coverage is unavailable or inadequate to cover the claim. If insurance is available but inadequate, the department may approve a claim only for the amount of the value of the claim that the department determines is in excess of the amount covered by insurance. (f) If the total amount of the claims approved during any calendar quarter exceeds 25 percent of the total funds available during the fiscal year for purposes of this subsection plus any unencumbered funds remaining from the previous quarter, the department shall prorate the available funds among the claimants with approved claims. The department shall also prorate any unencumbered funds remaining in the appropriation under s. 20.437 (1) (cf) at the end of each fiscal year among the claimants whose claims were prorated during the fiscal year. Payment of a prorated amount from unencumbered funds remaining at the end of the fiscal year constitutes a complete payment of the claim for purposes of this program, but does not prohibit a foster parent from submitting a claim under s. 16.007 for the unpaid portion. (g) A claimant whose claim is denied or whose payment is prorated is not entitled to a hearing under ch. 227 on the issue of the denial or proration. (h) If a claim by a foster parent or a member of the foster parent’s family is approved, the department shall deduct from the amount approved $100 less any amount deducted by an insurance company from a payment for the same claim, except that a foster parent and his or her family are subject to only one deductible for all claims filed in a fiscal year. (i) The department may enter into a contract for the administration of this subsection. (4) Except as provided in s. 895.485, the department is not liable for any act or omission by or affecting a child who is placed in a foster home, but shall, as provided in this section, pay claims described under sub. (2m) and may pay claims described under sub. (2s) or may purchase insurance to cover such claims as provided for under sub. (2c), within the limits of the appropriations under s. 20.437 (1) (cf) and (pd). (5) The attorney general may represent a foster or family-operated group home parent in any civil action arising out of an act or omission of the foster or family-operated group home parent

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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CHILDREN’S CODE

while acting in his or her capacity as a foster or family-operated group home parent. History: 1979 c. 221; 1981 c. 20; 1983 a. 27; 1985 a. 24, 29, 106, 154, 332, 336; 1987 a. 27, 377; 1989 a. 31; 1993 a. 446; 1995 a. 27; 1997 a. 27; 2001 a. 16; 2007 a. 20; 2009 a. 28; 2015 a. 128. Foster parents are not agents of the county for purposes of tort liability. Kara B. v. Dane County, 198 Wis. 2d 24, 542 N.W.2d 777 (Ct. App. 1995), 94-1081.

48.63 Restrictions on placements. (1) (a) Acting under court order or voluntary agreement, the child’s parent, guardian, or Indian custodian, or the department, the department of corrections, a county department under s. 46.215, 46.22, or 46.23, or a child welfare agency licensed to place children in foster homes or group homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home or group home. Voluntary agreements under this paragraph may not be used for placements in facilities other than foster homes or group homes and may not be extended. A foster home placement under a voluntary agreement may not exceed 180 days from the date on which the child was removed from the home under the voluntary agreement. A group home placement under a voluntary agreement may not exceed 15 days from the date on which the child was removed from the home under the voluntary agreement, except as provided in sub. (5). These periods do not apply to placements made under s. 48.345, 938.183, 938.34, or 938.345. (b) Acting under a voluntary agreement, a child’s parent, guardian, or Indian custodian, the department, the department of corrections, a county department under s. 46.215, 46.22, or 46.23, or a child welfare agency licensed to place children in shelter care facilities, may place the child or negotiate or act as intermediary for the placement of the child in a shelter care facility that the department has approved under s. 938.22 (2) (c) for use for placements under this paragraph. A voluntary agreement under this paragraph may not be used for placement in a facility other than an approved shelter care facility. A shelter care facility placement under a voluntary agreement may not exceed 20 days from the date on which the child was placed in the shelter care facility under the voluntary agreement and may not be extended. (bm) Acting under a voluntary agreement, a child’s parent, the department, or a county department may place the child in a qualifying residential family-based treatment facility with a parent, if such a placement is recommended in the child’s permanency plan under s. 48.38 (4) (em) before the placement is made. A placement under this paragraph cannot exceed 180 days from the date on which the child was removed from the home under the voluntary agreement. (c) Voluntary agreements may be made only under par. (a), (b), or (bm) or sub. (5) (b), shall be in writing, shall state whether the child has been adopted, and shall specifically state that the agreement may be terminated at any time by the parent, guardian, or Indian custodian or by the child if the child’s consent to the agreement is required. In the case of an Indian child who is placed under par. (a), (b), or (bm) by the voluntary agreement of the Indian child’s parent or Indian custodian, the voluntary consent of the parent or Indian custodian to the placement shall be given as provided in s. 48.028 (5) (a). The child’s consent to an agreement under par. (a), (b), or (bm) is required whenever the child is 12 years of age or older. (d) If a county department, the department, or the department of corrections places a child or negotiates or acts as intermediary for the placement of a child under par. (a) or (b), the voluntary agreement shall also specifically state that the county department, department, or department of corrections has placement and care responsibility for the child as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the child. (2) No person may place a child or offer or hold himself or

Updated 23-24 Wis. Stats. 132 herself out as able to place a child, except as provided in this section. Enrollment of a child by a parent or guardian in an educational institution and delegation of care and custody of a child to an agent under s. 48.979 do not constitute a placement for the purposes of this section. (3) (a) Subsection (1) does not apply to the placement of a child for adoption. Adoptive placements may be made only as provided under par. (b) and ss. 48.833, 48.835, 48.837 and 48.839. (b) 1. At the request of a parent having custody of a child and the proposed adoptive parent or parents of the child, the department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place the child in the home of the proposed adoptive parent or parents prior to termination of parental rights to the child as provided in subd. 2. or 3., whichever is applicable, and subd. 4. In placing an Indian child for adoption under this subdivision, the department, county department, or child welfare agency shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order. 2. The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child under subd. 1. in the home of a proposed adoptive parent or parents who reside in this state if that home is licensed as a foster home under s. 48.62 and the investigation made under s. 48.75 (3) has been supplemented to evaluate whether the home is suitable for the child. 3. The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child under subd. 1. in the home of a proposed adoptive parent or parents who reside outside this state if the placement is made in compliance with s. 48.98, 48.988, or 48.99, whichever is applicable, if the home meets the criteria established by the laws of the state where the proposed adoptive parent or parents reside for a preadoptive placement of a child in the home of a nonrelative, and if an appropriate agency in that state has completed an investigation of the home and filed a report and recommendation concerning the home with the department, county department, or licensed child welfare agency. 4. Before a child may be placed under subd. 1., the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the birth parent of the child or any alleged or presumed father of the child, shall be financially responsible for those costs. 5. Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any alleged or presumed father of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child. (4) A permanency plan under s. 48.38 is required for each child placed in a foster home under sub. (1). If the child is living in a foster home under a voluntary agreement, the agency that negotiated or acted as intermediary for the placement shall prepare the permanency plan within 60 days after the date on which the

May 22, 2026, are designated by NOTES. (Published 5-22-26)

child was removed from his or her home under the voluntary agreement. A copy of each plan shall be provided to the child if he or she is 12 years of age or over and to the child’s parent, guardian, or Indian custodian. If the agency that arranged the voluntary placement intends to seek a court order to place the child outside of his or her home at the expiration of the voluntary placement, the agency shall prepare a revised permanency plan and file that revised plan with the court prior to the date of the hearing on the proposed placement. (5) (a) Subsection (1) does not apply to the voluntary placement under par. (b) of a child in a group home described in s. 48.625 (1m). Such placements may be made only as provided in par. (b). (b) If a child who is at least 14 years of age, who is a custodial parent, as defined in s. 49.141 (1) (b), or an expectant mother, and who is in need of a safe and structured living arrangement and the parent, guardian, or Indian custodian of the child consent, a child welfare agency licensed to place children in group homes may place the child or arrange the placement of the child in a group home described in s. 48.625 (1m). Before placing a child or arranging the placement of a child under this paragraph, the child welfare agency shall report any suspected abuse or neglect of the child as required under s. 48.981 (2). A voluntary agreement to place a child in a group home described in s. 48.625 (1m) may be made only under this paragraph, shall be in writing, and shall specifically state that the agreement may be terminated at any time by the parent, guardian, Indian custodian, or child. In the case of an Indian child who is placed in a group home under this paragraph by the voluntary agreement of the Indian child’s parent or Indian custodian, the voluntary consent of the parent or Indian custodian to the placement shall be given as provided in s. 48.028 (5) (a). An initial placement under this paragraph may not exceed 180 days from the date on which the child was removed from the home under the voluntary agreement, but may be extended as provided in par. (d) 3. to 6. An initial placement under this paragraph of a child who is under 16 years of age on the date of the initial placement may be extended as provided in par. (d) 3. to 6. no more than once. (c) A permanency plan under s. 48.38 is required for each child placed in a group home under par. (b) and for any child of that child who is residing with that child. The agency that placed the child or that arranged the placement of the child shall prepare the plan within 60 days after the date on which the child was removed from his or her home under the voluntary agreement and shall provide a copy of the plan to the child and the child’s parent, guardian, or Indian custodian. (d) 1. In this paragraph, “independent reviewing agency” means a person contracted with under subd. 2. to review permanency plans and placements under subds. 3. to 6. 2. An agency that places children under par. (b) or that arranges those placements shall contract with another agency licensed under s. 48.61 (3) to place children or with a county department to review the permanency plans and placements of those children and of any children of those children who are residing with those children as provided in subds. 3. to 6. 3. If the agency that has placed a child under par. (b) or that has arranged the placement of the child wishes to extend the placement of the child, the agency shall prepare a revised permanency plan for that child and for any child of that child who is residing with that child and submit the revised permanency plan or plans, together with a request for a review of the revised permanency plan or plans and the child’s placement, to the independent reviewing agency before the expiration of the child’s placement. The request shall include a statement that an extension of the child’s placement would be in the best interests of the child, together with reliable and credible information in support of that

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48.64

statement, a statement that the child and the parent, guardian, or Indian custodian of the child consent to the extension of the child’s placement, and a request that the independent reviewing agency approve an extension of the child’s placement. On receipt of a revised permanency plan or plans and a request for review, the independent reviewing agency shall set a time and place for the review and shall advise the agency that placed the child or that arranged the placement of the child of the time and place of the review. 4. Not less than 10 days before the review, the agency that placed the child or that arranged the placement of the child shall provide a copy of the revised permanency plan or plans and the request for review submitted under subd. 3. and notice of the time and place of the review to the child, the parent, guardian, Indian custodian, and legal custodian of the child, and the operator of the group home in which the child is placed, together with notice of the issues to be determined as part of the permanency review and notice of the fact that those persons shall have a right to be heard at the review by submitting written comments to that agency or the independent reviewing agency before the review or by participating at the review. 5. At the review, any person specified in subd. 4. may present information relevant to the issue of extension and information relevant to the determinations specified in s. 48.38 (5) (c). After receiving that information, the independent reviewing agency shall make the determinations specified in s. 48.38 (5) (c) and determine whether an extension of the child’s placement is in the best interests of the child and whether the child and the parent, guardian, or Indian custodian of the child consent to the extension. If the independent reviewing agency determines that the extension is in the best interests of the child and that the child and the parent, guardian, or Indian custodian of the child consent to the extension, the independent reviewing agency shall approve, in writing, an extension of the placement for a specified period of time not to exceed 6 months, stating the reason for the approval, and the agency that placed the child or that arranged the placement of the child may extend the child’s placement for the period of time approved. If the independent reviewing agency determines that the extension is not in the best interests of the child or that the child and the parent, guardian, or Indian custodian of the child do not consent to the extension, the independent reviewing agency shall, in writing, disapprove an extension of the placement, stating the reason for the disapproval, and the agency that placed the child or that arranged the placement of the child may not extend the placement of the child past the expiration date of the voluntary placement unless the agency obtains a court order placing the child in the group home after the expiration date of the voluntary placement. Notwithstanding the approval of an extension under this subdivision, the child or the parent, guardian, or Indian custodian of the child may terminate the placement at any time during the extension period. 6. Within 30 days after the review, the agency that prepared the revised permanency plan or plans shall prepare a written summary of the determinations specified in s. 48.38 (5) (c) that were made under subd. 5. and shall provide a copy of that summary to the independent reviewing agency, the child, the parent, guardian, Indian custodian, and legal custodian of the child, and the operator of the group home in which the child was placed. History: 1977 c. 354, 449; 1979 c. 300; 1981 c. 81; 1983 a. 351, 399; 1985 a. 176; 1989 a. 31, 107; 1993 a. 446; 1995 a. 27 ss. 2594, 9126 (19); 1995 a. 77; 2001 a. 69, 109; 2007 a. 20, 186, 199; 2009 a. 28, 79, 94, 339; 2011 a. 87, 181, 258; 2013 a. 335; 2015 a. 378, 381; 2019 a. 9.

48.64 Placement of children in out-of-home care. (1) DEFINITION. In this section, “agency” means the department, the department of corrections, a county department under s. 46.215, 46.22, or 46.23, or a licensed child welfare agency authorized to

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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place children in foster homes, group homes, or shelter care facilities approved under s. 938.22 (2) (c), in the homes of relatives other than a parent, or in the homes of like-kin. (1m) OUT-OF-HOME CARE AGREEMENTS. If an agency places a child in a foster home or group home or in the home of a relative other than a parent or in the home of like-kin under a court order or places a child in a foster home, group home, or shelter care facility approved under s. 938.22 (2) (c) under a voluntary agreement under s. 48.63, the agency shall enter into a written agreement with the head of the home or facility. The agreement shall provide that the agency shall have access at all times to the child and the home or facility, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require release to the agency. If a child has been in a foster home or group home or in the home of a relative other than a parent or in the home of like-kin for 6 months or more, the agency shall give the head of the home written notice of intent to remove the child, stating the reasons for the removal. The child may not be removed from a foster home, group home, or home of a relative other than a parent or the home of like-kin before completion of the hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice, whichever is later, unless the safety of the child requires it or, in a case in which the reason for removal is to place the child for adoption under s. 48.833, unless all of the persons who have the right to request a hearing under sub. (4) (a) or (c) sign written waivers of objection to the proposed removal. If the safety of the child requires earlier removal, s. 48.19 applies. If an agency removes a child from an adoptive placement, the head of the home shall have no claim against the placing agency for the expense of care, clothing, or medical treatment. (1r) NOTIFICATION OF SCHOOL DISTRICT AND SCHOOL. When an agency places a school-age child in out-of-home care, the agency shall give notification of the out-of-home care placement to the school district in which the child has been placed and the school in which the child will enroll after the placement is made, unless the child will remain enrolled in his or her school and school district of origin. If the child will remain enrolled in his or her school and school district of origin, the agency shall give notification of the out-of-home care placement to the child’s school district and school of origin. The notice to the child’s school district and school shall also include the name and contact information for the caseworker or social worker assigned to the child’s case. (2) SUPERVISION OF OUT-OF-HOME CARE PLACEMENTS. Every child who is placed in a foster home, group home, or shelter care facility approved under s. 938.22 (2) (c) shall be under the supervision of an agency. Every child who is placed in the home of a relative other than a parent or in the home of like-kin under a court order shall be under the supervision of an agency. (4) ORDERS AFFECTING THE HEAD OF HOME OR THE CHILDREN. (a) Except as provided in par. (d), any decision or order issued by an agency that affects the head of a foster home or group home, the head of the home of a relative other than a parent or the home of like-kin in which a child is placed, or the child involved may be appealed to the department under fair hearing procedures established under rules promulgated by the department. Upon receipt of an appeal, the department shall give the head of the home reasonable notice and an opportunity for a fair hearing. The department may make any additional investigation that the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. Each person receiving notice is entitled to be represented at the hearing. At all hearings conducted under this paragraph, the head of the home, or a representative of the head

Updated 23-24 Wis. Stats. 134 of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned. (b) Judicial review of the department’s decision may be had as provided in ch. 227. (c) Except as provided in par. (d), the circuit court for the county where the dispositional order placing a child in a foster home or group home or in the home of a relative other than a parent or in the home of like-kin was entered or the voluntary agreement under s. 48.63 placing a child in a foster home or group home was made has jurisdiction upon petition of any interested party over the child who is placed in the foster home, group home, or home of the relative or like-kin. The circuit court may call a hearing, at which the head of the home and the supervising agency under sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home or in the home of a relative other than a parent or in the home of like-kin, the foster parent, relative, or like-kin may present relevant evidence at the hearing. The petitioner has the burden of proving by clear and convincing evidence that the decision or order issued by the agency is not in the best interests of the child. (d) No decision or order to change the placement of a child who is in out-of-home care under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3) may be appealed to the department under par. (a) or reviewed by the circuit court under par. (c). History: 1971 c. 40; 1973 c. 328; 1977 c. 271, 354, 418, 447, 449; 1985 a. 176; 1985 a. 292 s. 3; 1985 a. 332; 1989 a. 31, 107; 1993 a. 395, 446, 491; 1995 a. 27 ss. 2595, 9126 (19); 1997 a. 104; 2001 a. 69; 2005 a. 293; 2007 a. 20; 2009 a. 28, 81; 2013 a. 334, 335; 2017 a. 251; 2023 a. 119. Cross-reference: See also ch. DCF 57, Wis. adm. code. Foster parents’ rights were violated by the Department of Health and Social Services’ failure to give mandatory written notice under sub. (1) [now sub. (1m)], but, since adoptive placement was found to be in the children’s best interest, the foster parents’ rights were subordinated to the paramount interest of the children. Allen v. DHSS, 81 Wis. 2d 194, 260 N.W.2d 246 (1977). A foster parent is entitled to a hearing under sub. (4) (a) regarding the person’s interest as a foster parent even when placement of the child cannot be affected by the hearing outcome. Bingenheimer v. DHSS, 129 Wis. 2d 100, 383 N.W.2d 898 (1986). Sub. (4) (a) requires a hearing when an adoption agency removes a child from an adoptive placement within six months. Thelen v. DHSS, 143 Wis. 2d 574, 422 N.W.2d 146 (Ct. App. 1988). Foster children have a constitutional right under the due process clause to safe and secure placement in a foster home. Whether a public official violates that right is determined based on a professional judgment standard. Kara B. v. Dane County,

May 22, 2026, are designated by NOTES. (Published 5-22-26)

205 Wis. 2d 140, 555 N.W.2d 630 (1996), 94-1081. See also Estate of Cooper v. Milwaukee County, 103 F. Supp. 2d 1124 (2000). The best interest of the child standard under sub. (4) (c) must be read in conjunction with the children’s code directive that a child’s best interest is generally served by being reunited with the child’s family. Sallie T. v. Milwaukee County Department of Health & Human Services, 212 Wis. 2d 694, 570 N.W.2d 46 (Ct. App. 1997), 96-3147. Sallie T., 219 Wis. 2d 296 (1998), does not require that the trial court be blind to events preceding the most recent dispositional order. Constitutional protections of a parent’s right to the parent’s child do not prevent the application of the best interests of the child standard as the central focus of determining where the child shall live. “Best interests” and “safety” are not synonymous. Richard D. v. Rebecca G., 228 Wis. 2d 658, 599 N.W.2d 90 (Ct. App. 1999), 99-0433. Constitutional Law—Due Process—Family Law—Family Liberty Interest of Foster Parents. Conrad. 1978 WLR 510. In the Best Interest of Children: When Foster Parents May Keep Placement. Neary. Wis. Law. Sept. 2007.

48.645 Foster care aid. (1) DEFINITION. In this section, “dependent child” means a child under the age of 18 or, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, is under the age of 19, or, if the child is a full-time student at a secondary school or its vocational or technical equivalent for whom an individualized educational program under s. 115.787 is in effect, is under 21 years of age, who meets all of the following conditions: (a) The child is living in a foster home licensed under s. 48.62 if a license is required under that section, in a foster home located within the boundaries of a reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, in a subsidized guardianship home under s. 48.623, in a residential care center for children and youth licensed under s. 48.60, with a parent in a qualifying residential family-based treatment facility, or in a supervised independent living arrangement and has been placed in that home, center, or arrangement by a county department under s. 46.215, 46.22, or 46.23, by the department, or by a governing body of an Indian tribe in this state under an agreement with a county department under s. 46.215, 46.22, or 46.23. (b) The child would qualify for aid under s. 49.19, 1993 stats. (2) AID PAYMENTS. (a) The department or a county department under s. 46.215, 46.22 or 46.23 shall grant aid on behalf of a dependent child to any of the following: 1. A nonrelative who cares for the dependent child in a foster home having a license under s. 48.62, in a foster home located within the boundaries of a reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, a subsidized guardian or interim caretaker under s. 48.623 who cares for the dependent child, or a minor custodial parent who cares for the dependent child, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 48.569 (2) and the percentage rate of participation set forth in s. 48.569 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100 percent. The county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section. 2. A county or, in a county having a population of 750,000 or more, the department, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or on behalf of a child who was removed from the home of a relative as a result of a judicial determination that continuance in the home of a relative would be contrary to the child’s welfare for any reason when the child is placed in a licensed residential care center for children and youth or a

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qualifying residential family-based treatment center by the county department or the department. Reimbursement shall be made by the state as provided in subd. 1. 3. A county or, in a county having a population of 750,000 or more, the department, when the child is placed in a licensed foster home, group home, residential care center for children and youth, or a qualifying residential family-based treatment facility, in a subsidized guardianship home, or in a supervised independent living arrangement by a licensed child welfare agency or by a governing body of an Indian tribe in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or if the child was removed from the home of a relative as a result of a judicial determination that continuance in the home of the relative would be contrary to the child’s welfare for any reason and the placement is made under an agreement with the county department or the department. 4. A licensed foster home, group home, residential care center for children and youth, or a qualifying residential familybased treatment facility or a subsidized guardianship home when the child is in the custody or guardianship of the state, when the child is a ward of a tribal court in this state and the placement is made under an agreement between the department and the governing body of the Indian tribe of the tribal court, or when the child was part of the state’s direct service case load and was removed from the home of a relative as a result of a judicial determination that continuance in the home of a relative would be contrary to the child’s welfare for any reason and the child is placed by the department. (b) Notwithstanding par. (a), aid under this section may not be granted for placement of a child in a foster home licensed by a governing body of an Indian tribe, for placement of a child in a foster home, group home, subsidized guardianship home, residential care center for children and youth, or supervised independent living arrangement by a governing body of an Indian tribe or its designee, or for the placement of a child who is a ward of a tribal court if the governing body of the Indian tribe of the tribal court is receiving or is eligible to receive funds from the federal government for that type of placement. (3) ASSIGNMENT OF SUPPORT. When any person applies for or receives aid under this section, any right of the parent or any dependent child to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time aid is paid under this section, is assigned to the state. If a minor who is a beneficiary of aid under this section is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving aid under this section, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the minor receiving aid under this section, except as otherwise ordered by the court on the motion of a party. History: 2007 a. 20 ss. 894 to 903; Stats. 2007 s. 48.645; 2007 a. 97 s. 61; 2009 a. 28, 94, 180; 2011 a. 32; 2013 a. 20, 334; 2019 a. 9.

48.647 Second-chance homes. (1) DEFINITIONS. In this section: (ad) “Cultural competency” means the ability of an individual or private agency to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes, and behaviors of persons and families of various cultures, including persons and families of various cultures who participate in services from the individual or private agency and persons of various cultures who provide services for the individual or private agency. (ag) “Eligible person” means a person 14 years of age or over,

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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but under 21 years of age, who is a custodial parent, as defined in s. 49.141 (1) (b), or an expectant mother, has an income, not including the income of the person’s parent, guardian, or legal custodian, that is at or below 200 percent of the poverty line, as defined in s. 49.001 (5), and who, at the time of referral for services under a program funded under this section, meets any of the following requirements: 1. Is a child and is homeless, receiving inadequate care, living in an unsafe or unstable living environment, or otherwise in need of a safe and structured living arrangement. 2. Is a child and meets one or more of the criteria specified in s. 48.13, 938.12, or 938.13 or would be at risk of meeting one or more of those criteria if the child were not placed in a 2nd-chance home. (b) “Private agency” means an organization operated for profit or a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17). (c) “Second-chance home” means a group home described in s. 48.625 (1m). (2) AWARDING OF GRANTS. (a) From the appropriation under s. 20.437 (1) (f), the department shall distribute not more than $0 in each fiscal year as grants to private agencies to provide 2ndchance homes and related services to eligible persons who are placed under s. 48.63 (5) in 2nd-chance homes operated by those private agencies. A private agency that is awarded a grant under this paragraph may use the amount awarded under the grant to provide care and maintenance to eligible persons who are placed under s. 48.63 (5) in a 2nd-chance home operated by the private agency; provide services, including the services specified in sub. (3), to eligible persons who currently are or formerly were placed under s. 48.63 (5) in the 2nd-chance home, to the children and families of those eligible persons, and to the noncustodial parents of the children of those eligible persons; and, in the first year of the grant period, pay for the start-up costs, other than capital costs, of the private agency’s program funded under this paragraph. (b) The department shall award the grants under par. (a) on a competitive basis and according to request-for-proposal procedures that the department shall prescribe in consultation with local health departments, as defined in s. 250.01 (4), and other providers of services to eligible persons. Those request-for-proposal procedures shall include a requirement that a private agency that applies for a grant under par. (a) include in its grant application proof that the private agency has the cultural competency to provide services under the grant to persons and families in the various cultures in the private agency’s target population and that cultural competency is incorporated in the private agency’s policies, administration, and practices. In awarding the grants under par. (a), the department shall consider the need for those grants to be distributed both on a statewide basis and in the areas of the state with the greatest need for 2nd-chance homes and the need to provide placements for children who are voluntarily placed in a 2nd-chance home as well as for children who are placed in a 2ndchance home by court order. (c) A private agency that is awarded a grant under par. (a) shall contribute matching funds equal to 25 percent of the amount awarded under the grant. The match may be in the form of money or in the form of both money and in-kind services, but may not be in the form of in-kind services only. (d) A private agency that is awarded a grant under par. (a) may use no more than 15 percent of the amount awarded under the grant to pay for administrative costs associated with the program funded under the grant. (e) A grant under par. (a) shall be awarded for a 3-year period, except that annually the department shall review the performance

Updated 23-24 Wis. Stats. 136 of a private agency that is awarded a grant based on performance criteria that the department shall prescribe and may discontinue a grant to a private agency whose performance is not satisfactory to the department based on those criteria. (3) PROGRAM REQUIREMENTS. A private agency that receives a grant under sub. (2) (a) shall do all of the following: (a) Operate a 2nd-chance home for the care and maintenance of eligible persons who are children, as defined in s. 48.619. (b) Maintain a community-wide network for referring eligible persons to the private agency’s program funded under the grant. (c) Ensure that an eligible person receiving services from the private agency’s program funded under the grant is enrolled in a secondary school or its vocational or technical equivalent or in a college or technical college or is working, unless the director of the private agency determines that there is good cause for the eligible person not to be so enrolled or working. (d) Ensure that an eligible person receiving services from the private agency’s program is provided with intake, assessment, case planning, and case management services; skills development training in the areas of economic self-sufficiency, parenting, successful adult living, and life choice decision making; prenatal and other health care services, including, if necessary, mental health and alcohol and other drug abuse services; child care; and transportation. (4) EVALUATION. From the appropriation under s. 20.437 (1) (f), the department shall conduct or shall select an evaluator to conduct an evaluation of the grant program under this section and, by June 1 of the 3rd calendar year beginning after the year in which the first grant under this section is awarded, shall submit a report on that evaluation to the governor and to the appropriate standing committees under s. 13.172 (3). The evaluation shall measure the economic self-sufficiency, parenting skills, successful adult living skills, and life choice decision-making skills of the eligible persons who received services under the program and any other criteria that the department determines to be appropriate for evaluation. History: 2001 a. 69; 2003 a. 33; 2007 a. 20 ss. 1220 to 1229; Stats. 2007 s. 48.647; 2015 a. 128.

SUBCHAPTER XV CHILD CARE PROVIDERS 48.65 Child care centers licensed; fees. (1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a child care center from the department. To obtain a license under this subsection to operate a child care center, a person must meet the minimum requirements for a license established by the department under s. 48.67, meet the requirements specified in s. 48.686, and pay the license fee under sub. (3). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5). (2) This section does not include any of the following: (a) A parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt of a child, whether by blood, marriage, or legal adoption, who provides care and supervision for the child. (am) A guardian of a child who provides care and supervision for the child. (b) A public or parochial school or a tribal school. (c) A person employed to come to the home of the child’s parent or guardian for less than 24 hours a day. (d) A county, city, village, town, school district or library that

May 22, 2026, are designated by NOTES. (Published 5-22-26)

provides programs primarily intended for recreational or social purposes. (3) (a) Except as provided in par. (c), before the department may issue a license under sub. (1) to a child care center that provides care and supervision for 4 to 8 children or 4 to 12 children, the child care center must pay to the department a biennial fee of $60.50. Except as provided in par. (c), before the department may issue a license under sub. (1) to a child care center that provides care and supervision for 13 or more children, the child care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $16.94 per child, based on the number of children that the child care center is licensed to serve. A child care center that wishes to continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the continuation date of the license. A new child care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the child care center. (b) A child care center that wishes to continue a license issued under par. (a) and that fails to pay the applicable fee under par. (a) by the continuation date of the license or a new child care center that fails to pay the applicable fee under par. (a) by 30 days before the opening of the child care center shall pay an additional fee of $5 per day for every day after the deadline that the child care center fails to pay the fee. (c) An individual who is eligible for a fee waiver under the veterans fee waiver program under s. 45.44 is not required to pay a fee under par. (a) for a license under sub. (1). (4) (a) Definitions. In this subsection: 1. “Assistant child care teacher” means a child care worker who works under the supervision of a child care teacher. 2. “Child care teacher” means a child care worker who plans, implements, and supervises the daily activities for a designated group of children at a child care center licensed under this section and who meets the qualifications under s. DCF 251.05 (3) (f), Wis. Adm. Code. 3. “Full-day center” means a child care center licensed under this section that accepts children for 5 or more consecutive hours. 4. “School-age program” means a program in a child care center licensed under this section that serves only school-age children before and after school, on days on which there is no school, and during the summer break. 5. “School-age program leader” means a person who plans, implements, and supervises the daily activities for a designated group of school-age children, communicates with families, works with the community, and coordinates staff in a school-age program at a child care center licensed under this section. (b) Requirements for assistant child care teachers. A child care center licensed under this section may hire an individual to be an assistant child care teacher if the individual meets all of the following requirements: 1. The individual is at least 16 years old. 2. The individual has satisfactorily completed at least one of the following within 6 months after assuming the position: a. Two credits in early childhood education or its equivalent. b. One non-credit, department-approved course in early childhood education. c. An assistant child care teacher training program approved by the department of public instruction. (c) Sole supervision by assistant child care teachers. An assistant child care teacher who has completed the training required under par. (b) 2. and is at least 18 years old may provide sole supervision to a group of children in the following instances and for the following amounts of time: 1. In a full-day center, if there is a child care teacher on the premises, for opening and closing hours, not to exceed the first 2

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hours and the last 2 hours of center operation, and during the center’s designated naptime, not to exceed 2 hours. 2. In a school-age program, if there is a school-age program leader or child care teacher on the premises, for no more than 45 minutes. History: 1983 a. 193; 1985 a. 29; 1987 a. 399; 1991 a. 39; 1995 a. 27, 289; 1997 a. 27, 35; 2005 a. 25, 232; 2009 a. 28, 185, 302; 2011 a. 209; 2017 a. 59; 2025 a. 15. Cross-reference: See also chs. DCF 250, 251, and 252, Wis. adm. code. The distinction created by sub. (2) (b) between private parochial schools and other private schools is unconstitutional. Milwaukee Montessori School v. Percy, 473 F. Supp. 1358 (1979).

48.651 Certification of child care providers. (1) Except as provided in s. 49.155 (4) (c), no person, other than a child care center licensed under s. 48.65 or established or contracted for under s. 120.13 (14), may receive payment for providing child care services for an individual who is determined eligible for a child care subsidy under s. 49.155 unless the person is certified, according to the standards adopted by the department under sub. (1d), by the department in a county having a population of 750,000 or more, a county department, or an agency with which the department contracts under sub. (2). To be certified under this section, a person must meet the minimum requirements for certification established by the department under sub. (1d), meet the requirements specified in s. 48.686, and pay the fee specified in sub. (2). The department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall certify the following categories of child care providers: (a) Level I certified family child care providers, as established by the department under sub. (1d). (b) Level II certified family child care providers, as established by the department under sub. (1d). (1d) (a) The department shall promulgate rules establishing standards for the certification of child care providers under sub. (1). The department shall consult with the child abuse and neglect prevention board before promulgating those rules. In establishing the requirements under this paragraph for certification of a child care provider, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive the minimum health and safety training required under par. (b). (b) 1. A level I certified family child care provider shall successfully complete department-approved preservice health and safety training in the topics specified in subd. 1. a. to j. by no later than the date of certification. A level II certified family child care provider or an employee or volunteer of a level I or level II certified family child care provider who is not the primary provider of care and supervision for children shall successfully complete department-approved preservice health and safety training in the topics specified in subd. 1. a. to j. by no later than the end of the orientation period available under 42 USC 9858c (c) (2) (I) (i) (XI). The health and safety training required under this subdivision shall include training in all of the following topics: a. The prevention and control of infectious diseases, including by means of immunizations. b. The prevention of sudden infant death syndrome and use of safe sleeping practices. c. The administration of medication, consistent with parental consent. d. The prevention of and response to emergencies due to allergic reactions to food or other allergens. e. Building and physical premises safety, including identification of and protection from electrical hazards, bodies of water, vehicular traffic, and other hazards that can cause bodily injury. f. The prevention of shaken baby syndrome and abusive head trauma.

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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g. Emergency preparedness and response planning for emergencies resulting from natural disaster or human-caused events. h. The handling and storage of hazardous materials and the appropriate disposal of biocontaminants. i. If applicable, appropriate precautions in transporting children. j. First aid and cardiopulmonary resuscitation. 2. A child care provider or employee or volunteer of a child care provider shall also complete ongoing in-service training on an annual basis including training on the topics listed under subd. 1. a. to j. (2) The department in a county having a population of 750,000 or more or a county department shall certify child care providers under sub. (1) or the department may contract with a Wisconsin Works agency, as defined in s. 49.001 (9), child care resource and referral agency, Indian tribe, or other agency to certify child care providers under sub. (1) in a particular geographic area or for a particular Indian tribal unit. The department in a county having a population of 750,000 or more or a county department that certifies child care providers under sub. (1) may charge a fee to cover the costs of certifying those providers. An agency or Indian tribe contracted with under this subsection may charge a fee specified by the department to supplement the amount provided by the department under the contract for certifying child care providers. (2c) From the allocation under s. 49.175 (1) (p), the department shall do all of the following: (a) Reimburse a county having a population of 750,000 or more for all approved, allowable certification costs, as provided in s. 49.826 (2) (c). (b) For contracts with agencies entered into under sub. (2), allocate available funds, as determined by the department, in proportion to the number of certified providers, applications for certification, previously experienced certification costs, estimated certification costs, or such other measures as the department determines. (3) (a) If a person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider certified under sub. (1) is convicted or adjudicated delinquent for committing a serious crime, as defined in s. 48.686 (1) (c), or if the department provides written notice of a decision under s. 48.686 (4p) that the person is ineligible to operate, work at, or reside at the child care provider, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall revoke the certification of the child care provider immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation. (b) If a person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider certified under sub. (1) is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall immediately suspend the certification of the child care provider until the department, county department, or agency obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to operate, work at, or reside at the child care provider. History: 1983 a. 193; 1985 a. 176; 1995 a. 289, 404; 1997 a. 27, 35, 252; 1999 a. 9; 2001 a. 16; 2007 a. 20 ss. 1332 to 1335, 9121 (6) (a); 2009 a. 28, 76, 185; 2011 a. 258; 2013 a. 20; 2015 a. 172; 2017 a. 59 ss. 777 to 784, 850; 2019 a. 9. Cross-reference: See also ch. DCF 202, Wis. adm. code.

48.653

Information for child care providers. The de-

Updated 23-24 Wis. Stats. 138 partment shall provide each child care center licensed under s. 48.65 and each county agency providing child welfare services with a brochure containing information on basic child care and the licensing and certification requirements for child care providers. Each county agency shall provide each child care provider that it certifies with a copy of the brochure. History: 1983 a. 193; 2009 a. 185.

48.655 Parental access. A child care provider that holds a license under s. 48.65, that is certified under s. 48.651, that holds a probationary license under s. 48.69, or that is established or contracted for under s. 120.13 (14) shall permit any parent or guardian of a child enrolled in the program to visit and observe the program of child care at any time during the provider’s hours of operation, unless the visit or observation is contrary to an existing court order. History: 1991 a. 275; 1993 a. 16; 2009 a. 185.

48.656 Parent’s right to know. Every parent, guardian, or legal custodian of a child who is receiving care and supervision, or of a child who is a prospective recipient of care and supervision, from a child care center that holds a license under s. 48.65 (1) or a probationary license under s. 48.69 has the right to know certain information about the child care center that would aid the parent, guardian, or legal custodian in assessing the quality of care and supervision provided by the child care center. History: 1991 a. 275; 1993 a. 213, 375; 1997 a. 256; 2009 a. 185.

48.657 Child care center reports. (1) The department shall provide each child care center that holds a license under s. 48.65 (1) or a probationary license under s. 48.69 with an annual report that includes the following information: (a) Violations of statutes, rules promulgated by the department under s. 48.658 (4) (a) or 48.67, or provisions of licensure under s. 48.70 (1) by the child care center. In providing information under this paragraph, the department may not disclose the identity of any employee of the child care center. (b) A telephone number at the department that a person may call to complain of any alleged violation of a statute, rule promulgated by the department under s. 48.658 (4) (a) or 48.67, or provision of licensure under s. 48.70 (1) by the child care center. (c) The results of the most recent inspection of the child care center under s. 48.73. (2) A child care center shall post the report under sub. (1) next to the child care center’s license or probationary license in a place where the report and the inspection results can be seen by parents, guardians, or legal custodians during the child care center’s hours of operation. (2g) If the report under sub. (1) indicates that the child care center is in violation of a statute, a rule promulgated by the department under s. 48.658 (4) (a) or 48.67, or a provision of licensure under s. 48.70 (1), the child care center shall post with the report any notices received from the department relating to that violation. (2m) The department shall make available on the department’s Internet site, as part of the department’s licensed child care center search database, a specific description of any violation described in sub. (1) and a description of any steps taken by the child care center to correct the violation. (2r) Each child care center that receives a report under sub. (1) shall make available to a parent, guardian, or legal custodian of a child who is receiving, or who is a prospective recipient of, care and supervision from the child care center the reports under sub. (1) from the previous 2 years and any notices received from the department relating to any violations identified in those reports. In providing information under this subsection, a child

May 22, 2026, are designated by NOTES. (Published 5-22-26)

care center may withhold any information that would disclose the identity of an employee of the child care center. (3) The department may require a child care center to provide to the department any information that is necessary for the department to prepare the report under sub. (1). History: 1991 a. 275; 1993 a. 16, 375; 1997 a. 256; 2009 a. 19, 28, 185.

48.658 Child safety alarms in child care vehicles. (1) DEFINITIONS. In this section: (a) “Child care provider” means a child care center that is licensed under s. 48.65 (1), a child care provider that is certified under s. 48.651, or a child care program that is established or contracted for under s. 120.13 (14). (b) “Child care vehicle” means a vehicle that has a seating capacity of 6 or more passengers in addition to the driver, that is owned or leased by a child care provider or a contractor of a child care provider, and that is used to transport children to and from the child care provider. (c) “Child safety alarm” means an alarm system that prompts the driver of a child care vehicle to inspect the child care vehicle for children before exiting the child care vehicle. (2) CHILD SAFETY ALARMS REQUIRED. Before a child care vehicle is placed in service, the child care provider or contractor of a child care provider that is the owner or lessee of the child care vehicle shall have a child safety alarm installed in the child care vehicle. A person who is required under this subsection to have a child safety alarm installed in a child care vehicle shall ensure that the child safety alarm is properly maintained and in good working order each time the child care vehicle is used for transporting children to or from a child care provider. (3) VIOLATIONS. (a) No person may knowingly transport a child, and no child care provider or contractor of a child care provider that is the owner or lessee of a child care vehicle may knowingly permit a child to be transported, to or from a child care provider in a child care vehicle in which a child safety alarm has not been installed, is not properly maintained, or is not in good working order. In addition to the sanctions and penalties specified in s. 48.715, any person who violates this paragraph may be fined not more than $1,000 or imprisoned for not more than one year in the county jail or both. (bm) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of a child safety alarm that is installed in a child care vehicle, except for the purpose of testing, repairing, or maintaining the child safety alarm or of replacing or disposing of a malfunctioning child safety alarm. No person may shut off a child safety alarm that is installed in a child care vehicle unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle. Any person who violates this paragraph is guilty of a Class I felony. (4) RULES; INFORMATION ABOUT CHILD SAFETY ALARMS. (a) The department shall promulgate rules to implement this section. Those rules shall include a rule requiring the department, whenever it inspects a child care provider that is licensed under s. 48.65 (1) or established or contracted for under s. 120.13 (14), and a county department or an agency contracted with under s. 48.651 (2), whenever it inspects a child care provider that is certified under s. 48.651, to inspect the child safety alarm of each child care vehicle that is used to transport children to and from the child care provider to determine whether the child safety alarm is in good working order. (bm) The department shall make information about child safety alarms available to persons who are required under sub. (2) to have a child safety alarm installed in a child care vehicle. The department may make that information available by posting the information on the department’s Internet site. History: 2009 a. 19, 185; 2015 a. 172.

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48.66

48.659 Child care quality rating system. The department shall provide a child care quality rating system that rates the quality of the child care provided by a child care provider licensed under s. 48.65 that receives payment under s. 49.155 for the child care provided or that volunteers for rating under this section. The department shall make the rating information provided under that system available to the parents, guardians, and legal custodians of children who are recipients, or prospective recipients, of care and supervision from a child care provider that is rated under this section, including making that information available on the department’s Internet site. History: 2009 a. 28; 2013 a. 20.

SUBCHAPTER XVI LICENSING PROCEDURES AND REQUIREMENTS FOR CHILD WELFARE AGENCIES, FOSTER HOMES, GROUP HOMES, CHILD CARE CENTERS, AND COUNTY DEPARTMENTS 48.66 Licensing duties of the department. (1) (a) Except as provided in s. 48.715 (6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and child care centers, as required by s. 48.65. The department may license foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The department may supervise a child care program established or contracted for under s. 120.13 (14) that receives payment under s. 49.155 for the child care provided. In the discharge of this duty the department may inspect the records and visit the premises of all child welfare agencies, group homes, shelter care facilities, and child care centers and visit the premises of all foster homes in which children are placed. The department may also inspect the records and visit the premises of all child care programs established or contracted for under s. 120.13 (14) that receive payment under s. 49.155 for the child care provided. (b) Except as provided in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured residential care center for children and youth for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m) and referred to the child welfare agency by the court, the tribal court, the county department, or the department of corrections and to provide supervision, care, and maintenance for those juveniles. (c) A license issued under par. (a) or (b), other than a license to operate a foster home or secured residential care center for children and youth, is valid until revoked or suspended. A license issued under this subsection to operate a foster home or secured residential care center for children and youth may be for any term not to exceed 2 years from the date of issuance. No license issued under par. (a) or (b) is transferable. (2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility, or child care center who are individuals, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under sub. (2m) (a) 2., be provided and that the federal employer identification numbers of all applicants for a license to operate a child welfare

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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CHILDREN’S CODE

agency, group home, shelter care facility, or child care center who are not individuals be provided. (2m) (a) 1. Except as provided in subd. 2., the department shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or child care center who is an individual to provide that department with the applicant’s social security number, and shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or child care center who is not an individual to provide that department with the applicant’s federal employer identification number, when initially applying for or applying to continue the license. 2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A license issued in reliance upon a false statement submitted under this subdivision is invalid. (am) 1. Except as provided in subd. 2., the department of corrections shall require each applicant for a license under sub. (1) (b) to operate a secured residential care center for children and youth who is an individual to provide that department with the applicant’s social security number when initially applying for or applying to renew the license. 2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department of corrections that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A license issued in reliance upon a false statement submitted under this subdivision is invalid. (b) If an applicant who is an individual fails to provide the applicant’s social security number to the department or if an applicant who is not an individual fails to provide the applicant’s federal employer identification number to the department, that department may not issue or continue a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or child care center to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (a) 2. (bm) If an applicant who is an individual fails to provide the applicant’s social security number to the department of corrections, that department may not issue or renew a license under sub. (1) (b) to operate a secured residential care center for children and youth to or for the applicant unless the applicant does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (am) 2. (c) The subunit of the department that obtains a social security number or a federal employer identification number under par. (a) 1. may not disclose that information to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227 or on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m). (cm) The department of corrections may not disclose any information obtained under par. (am) 1. to any person except on the request of the department under s. 49.22 (2m). (3) The department shall prescribe the form and content of records to be kept and information to be reported by persons licensed by it.

Updated 23-24 Wis. Stats. 140 (5) A child welfare agency, group home, child care center, or shelter care facility license, other than a probationary license, is valid until revoked or suspended, but shall be reviewed every 2 years after the date of issuance as provided in this subsection. At least 30 days prior to the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires. If the minimum requirements for a license established under s. 48.67 are met, the application is approved, the applicable fees referred to in ss. 48.68 (1), 48.685 (8), and 48.686 (2) (ag) are paid, and any forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is due is paid, the department shall continue the license for an additional 2-year period, unless sooner suspended or revoked. If the application is not timely filed, the department shall issue a warning to the licensee. If the licensee fails to apply for continuance of the license within 30 days after receipt of the warning, the department may revoke the license as provided in s. 48.715 (4) and (4m) (b). (6) (a) If the department notifies a child welfare agency of its intent to revoke or suspend the child welfare agency’s license under s. 227.51 or notifies a child welfare agency of its intent to terminate a contract under which the child welfare agency provides foster home licensing services for the department or if a child welfare agency notifies the department of its intent to surrender or surrenders its license or terminates such a contract, the department may do any of the following: 1. Require the child welfare agency to provide the department with complete copies of the child welfare agency’s financial, child placement, and foster home licensing records in accordance with department requirements. 2. Transfer any child placement or foster home licensing records obtained under subd. 1. to any county department or child welfare agency to which a foster home license issued by the child welfare agency is transferred under par. (b) or to any public licensing agency or child welfare agency that relicenses a foster home licensed by the child welfare agency. 3. Prohibit the child welfare agency from accepting new placements or issuing new foster home licenses. (b) If the department revokes or suspends a child welfare agency’s license under s. 227.51 or terminates a contract under which the child welfare agency provides foster home licensing services for the department, or if a child welfare agency surrenders its license or terminates such a contract, the department may transfer each foster home license issued by the child welfare agency to a county department or the department, or to another child welfare agency that consents to the transfer. A license transferred under this paragraph remains valid until it expires or 180 days after the date of the transfer, whichever is later. History: 1975 c. 307; 1977 c. 29, 271, 418, 447; 1979 c. 330; 1985 a. 176; 1993 a. 375 ss. 10, 12, 13; 1993 a. 377, 446, 491; 1995 a. 27, 77, 352; 1997 a. 27, 191, 205, 237; 1999 a. 9; 2005 a. 344; 2007 a. 20; 2009 a. 28, 185; 2013 a. 36; 2017 a. 47, 59, 185, 257; 2019 a. 8. Cross-reference: See also ch. DCF 57, Wis. adm. code.

48.67 Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. (1b) In this section, “provider” means an individual who provides care and supervision for children in a child care center licensed under s. 48.65 (1). (1m) The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of safety and professional services, the department of

May 22, 2026, are designated by NOTES. (Published 5-22-26)

public instruction, and the child abuse and neglect prevention board before promulgating those rules. For foster homes, those rules shall include the rules promulgated under s. 48.62 (8). Those rules shall include rules that require all of the following: (a) That all child care center licensees, and all employees and volunteers of a child care center, who provide care and supervision for children under one year of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome. The rules shall provide that any training in those methods that a licensee has obtained in connection with military service, as defined in s. 111.32 (12g), counts toward satisfying the training requirement under this paragraph if the licensee demonstrates to the satisfaction of the department that the training obtained in that connection is substantially equivalent to the training required under this paragraph. (b) That all child care center licensees, and all employees and volunteers of a child care center, who provide care and supervision for children under 5 years of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, the training relating to shaken baby syndrome and impacted babies required under s. 253.15 (4) (a) or (c). (c) 1. That all child care center licensees, and all employees of a child care center, who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction or through instruction obtained by the licensee in connection with military service, as defined in s. 111.32 (12g), if the licensee demonstrates to the satisfaction of the department that the instruction obtained in that connection is substantially equivalent to the instruction provided by a person approved under s. 46.03 (38). 2. That all staff members of a group home who provide care for the residents of the group home have current proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction or through instruction obtained in connection with military service, as defined in s. 111.32 (12g), if the staff member or group home demonstrates to the satisfaction of the department that the instruction obtained in that connection is substantially equivalent to the instruction provided by a person approved under s. 46.03 (38). 3. That all staff members of a shelter care facility who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction or through instruction obtained in connection with military service, as defined in s. 111.32 (12g), if the staff member or shelter care facility demonstrates to the satisfaction of the department that the instruction obtained in that connection is substantially equivalent to the instruction provided by a person approved under s. 46.03 (38), and that all shelter care facilities have readily available on the premises of the shelter care facility a staff member or other person who has that proficiency. 4. That all child welfare agencies that operate a residential care center for children and youth have in each building housing residents of the residential care center for children and youth

CHILDREN’S CODE

48.67

when those residents are present at least one staff member who has current proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction or through instruction obtained in connection with military service, as defined in s. 111.32 (12g), if the staff member or child welfare agency demonstrates to the satisfaction of the department that the instruction obtained in that connection is substantially equivalent to the instruction provided by a person approved under s. 46.03 (38). (d) 1. That all foster parents successfully complete training in the care and support needs of children who are placed in foster care that has been approved by the department. The training shall be completed on an ongoing basis, as determined by the department. The department shall promulgate rules prescribing the training that is required under this paragraph and shall monitor compliance with this paragraph according to those rules. The training shall include training in all of the following: a. Parenting skills, including child development; infant care, if appropriate; the effects of trauma on children; communicating with children in an age-appropriate manner; and recognizing issues such as drug use or addiction or attachment disorder. am. Knowledge and skills relating to the use of the reasonable and prudent parent standard in making decisions concerning a child’s participation in age or developmentally appropriate activities including knowledge and skills relating to the stages in the development of cognitive, emotional, physical, and behavioral capacities of children and knowledge and skills relating to applying that standard in making decisions regarding a child’s participation in extracurricular, enrichment, cultural, or social activities, such as sports, field trips, overnight, and other recreational activities, in making decisions involving the signing of permission slips and the arrangement of transportation to and from those activities, and in making decisions regarding the child’s choices with respect to transportation, employment, peer relationships, and personal expression. Those rules shall require a foster parent who has received that training to make reasonable and prudent parenting decisions in accordance with the reasonable and prudent parent standard. b. For foster parents caring for children 11 years of age or older, teaching and encouraging independent living skills, including budgeting, health and nutrition, and other skills to promote the child’s long-term economic independence and well-being. c. Issues that may confront the foster parents, in general, and that may confront the foster parents of children with special needs. d. Child abuse and neglect prevention. e. The proper use of foster care payments. f. The availability of resources for foster parents in the local community. g. Other topics, as determined by the department. 2. The training under subd. 1. shall be available to a kinship care provider, as defined in s. 48.40 (1m), upon request of the kinship care provider. 3. For a foster parent receiving an initial license, the training under subd. 1. shall be completed before the first child is placed with the foster parent. (2m) (a) In the rules promulgated under sub. (1m), the department shall establish a category of child care centers licensed under s. 48.65 (1) that provide care and supervision for 4 to 12 children. (b) The department shall regulate a child care center described in par. (a) in the same way that it regulates a child care center that is licensed to provide care and supervision for 4 to 8

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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CHILDREN’S CODE

children, including the maximum number of children per provider, except for all of the following: 1. The department shall prohibit a child care center described in par. (a) from authorizing more than 2 providers to provide care and supervision for children at one time. 2. The department may regulate a child care center described in par. (a) differently than a child care center that provides care and supervision for 4 to 8 children to the extent necessary to safely accommodate a larger group of children. (5) That all child welfare agencies that operate a residential care center for children and youth, all group homes, and all shelter care facilities employ on the site of the center, group home, or shelter care facility at all times a staff member designated as an out-of-home care provider for purposes of making decisions concerning the participation of a child placed in the center, group home, or shelter care facility in age or developmentally appropriate activities. Those rules shall also require an out-of-home care provider so designated to receive training in knowledge and skills relating to the use of the reasonable and prudent parent standard in making decisions concerning a child’s participation in age or developmentally appropriate activities. In addition, those rules shall require an out-of-home care provider so trained to make reasonable and prudent parenting decisions in accordance with the reasonable and prudent parent standard. History: 1975 c. 307; 1977 c. 29, 205, 271, 418, 447; 1979 c. 300; 1985 a. 176; 1993 a. 375, 446; 1995 a. 27 ss. 2599, 9116 (4), 9145 (1); 1997 a. 27; 2001 a. 16; 2005 a. 165; 2007 a. 104; 2009 a. 28, 180, 185, 336; 2011 a. 32, 120; 2015 a. 128; 2023 a. 119; 2025 a. 15. Cross-reference: See also chs. DCF 52, 56, 57, 59, 250, 251, and 252, Wis. adm. code.

48.675 Qualified residential treatment programs. (1) The department may certify a residential care center for children and youth, group home, or shelter care facility to operate a qualified residential treatment program if it determines that the program meets the requirements of 42 USC 672 (k) (4) and any other requirements established by the department under this section. A residential care center for children and youth, group home, or shelter care facility certified under this section shall comply with all other requirements applicable to the residential care center for children and youth, group home, or shelter care facility. (2) The department may promulgate rules for the establishment, certification, operation, and monitoring of, and the placement of a child in, a qualified residential treatment program under sub. (1). History: 2021 a. 42.

48.68 Investigation of applicant; issuing of license. (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under s. 48.67 and meets the requirements specified in s. 48.685 or 48.686, whichever is applicable. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employee of the applicant, that constitutes a substantial failure by the applicant or employee to protect and promote the health, safety, and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a), or 938.22 (7) (b), the department shall issue a license under s. 48.66 (1) (a) or, if applicable, a probationary license under s. 48.69 or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments, and the procedures for applying for supplemental payments.

Updated 23-24 Wis. Stats. 142 (2) Before continuing the license of any child welfare agency to operate a residential care center for children and youth or of any group home, the department shall consider all formal complaints filed under s. 48.745 (2) and the disposition of each during the previous 2-year period. (3) Within 10 working days after receipt of an application for initial licensure of a child welfare agency to operate a residential care center for children and youth or of a group home, the department shall notify the city, town, or village planning commission, or other appropriate city, town, or village agency if there is no planning commission, of receipt of the application. The department shall request that the planning commission or agency send to the department, within 30 days, a description of any specific hazards that may affect the health and safety of the residents of the residential care center for children and youth or group home. No license may be issued to a child welfare agency to operate a residential care center for children and youth or to a group home until the 30-day period has expired or until the department receives the response of the planning commission or agency, whichever is sooner. In issuing a license the department shall give full consideration to such hazards determined by the planning commission or agency. (4) Prior to initial licensure of a residential care center for children and youth operated by a child welfare agency or of a group home, the applicant for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the child welfare agency or proposed group home, the neighborhood in which the proposed residential care center for children and youth or group home will be located and a local unit of government. The community advisory committee shall provide a forum for communication for those persons interested in the proposed residential care center for children and youth or group home. Any committee established under this subsection shall continue in existence after licensure to make recommendations to the licensee regarding the impact of the residential care center for children and youth or group home on the neighborhood. The department shall determine compliance with this subsection both prior to and after initial licensure. History: 1977 c. 205, 418; 1981 c. 72; 1991 a. 39; 1993 a. 375, 395, 491; 1995 a. 27, 77; 1997 a. 27; 1999 a. 9; 2001 a. 59; 2009 a. 28; 2017 a. 59. Cross-reference: See also ch. DCF 56, Wis. adm. code.

48.685 Criminal history and child abuse record search. (1) In this section: (ag) 1. “Caregiver” means any of the following: a. A person who is, or is expected to be, an employee or contractor of an entity, who is or is expected to be under the control of the entity, as defined by the department by rule, and who has, or is expected to have, regular, direct contact with clients of the entity. am. A person to whom delegation of the care and custody of a child under s. 48.979 has been, or is expected to be, facilitated by an entity. b. A person who has, or is seeking, a license to operate an entity, who is receiving, or is seeking, payment under s. 48.623 (6) (am) for operating an entity, or who is seeking payment under s. 48.623 (6) (bm) for operating an entity. 2. “Caregiver” does not include a person who is certified as an emergency medical services practitioner under s. 256.15 if the person is employed, or seeking employment, as an emergency medical services practitioner and does not include a person who is certified as an emergency medical responder under s. 256.15 if the person is employed, or seeking employment, as an emergency medical responder. (am) “Client” means a person who receives direct care or treatment services from an entity or from a caregiver specified in

May 22, 2026, are designated by NOTES. (Published 5-22-26)

par. (ag) 1. am. or from a child care program under s. 48.686 (1) (aj), including all of the following: 1. An adopted child for whom adoption assistance payments are being made under s. 48.975. 2. A child for whom subsidized guardianship payments are being made under s. 48.623. 3. A person who is 18 to 21 years old, is receiving independent living services under 42 USC 677 (a), is no longer placed in out-of-home care, and is residing in the foster home in which he or she was previously placed. (ao) “Congregate care facility” means a group home, shelter care facility, or residential care center for children and youth. (ap) “Congregate care worker” means an adult who works in a congregate care facility. “Congregate care worker” includes a person who has or is seeking a license to operate a congregate care facility and does not include an unpaid volunteer. (ar) “Contractor” means, with respect to an entity, a person, or that person’s agent, who provides services to the entity under an express or implied contract or subcontract, including a person who has staff privileges at the entity and a person to whom delegation of the care and custody of a child under s. 48.979 has been facilitated by the entity. (av) “Direct contact” means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client. (b) “Entity” means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes; a foster home that is licensed under s. 48.62; an interim caretaker to whom subsidized guardianship payments are made under s. 48.623 (6); a person who is proposed to be named as a successor guardian in a subsidized guardianship agreement under s. 48.623 (2); a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; an organization that facilitates delegations of the care and custody of children under s. 48.979; or a temporary employment agency that provides caregivers to another entity. (bm) “Nonclient resident” means a person, including a person who is under 18 years of age, but not under 10 years of age, who resides, or is expected to reside, at an entity or with a caregiver specified in par. (ag) 1. am., who is not a client of the entity or caregiver, and who has, or is expected to have, regular, direct contact with clients of the entity or caregiver. (br) “Reservation” means land in this state within the boundaries of a reservation of a tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation. (c) “Serious crime” means any of the following: 1. A violation of s. 940.19 (3), 1999 stats. 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2), 940.29, 940.295, 940.60 (2) or (3) (a), (b), or (c), 940.66 (2), 942.09 (2), 942.095, 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.072, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.125, 948.13, 948.21, 948.215, 948.30, or 948.53 or s. 940.19 (2), 2023 stats., s. 940.19 (4), 2023 stats., s. 940.19 (5), 2023 stats., s. 940.19 (6), 2023 stats., or s. 940.198 (2), 2023 stats. 3. A violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies. 3r. For purposes of licensing a foster home for the placement of a child or of providing subsidized guardianship payments to an interim caretaker under s. 48.623 (6) (am) or to a person seeking those payments as a successor guardian under s. 48.623 (6) (bm), or of permitting a person to be a caregiver or nonclient resident of

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a licensed foster home, any violation listed in subd. 1. to 3. or sub. (5) (bm) 1. to 4. 4. A violation of the law of any other state or United States jurisdiction that would be a violation listed in subd. 1., 2., 3., or 3r. if committed in this state. (2) (am) The department, a county department, or a child welfare agency shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b. or a nonclient resident of an entity: 1. A criminal history search from the records maintained by the department of justice. 2. Information that is contained in the registry under s. 146.40 (4g) regarding any findings against the person. 3. Information maintained by the department of safety and professional services regarding the status of the person’s credentials, if applicable. 4. Information maintained by the department regarding any final determination under s. 48.981 (3) (c) 5m. or, if a contested case hearing is held on such a determination, any final decision under s. 48.981 (3) (c) 5p. that the person has abused or neglected a child. 5. Information maintained by the department of health services under this section and under ss. 48.623 (6) (am) 2. and (bm) 5., 48.75 (1m), and 48.979 (1) (b) regarding any denial to the person of a license, or continuation or renewal of a license to operate an entity, or of payments under s. 48.623 (6) for operating an entity, for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity or of permission to reside with a caregiver specified in sub. (1) (ag) 1. am. for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, or continuation or renewal of a license, payments, employment, a contract, or permission to reside as described in this subdivision, the department, a county department, or a child welfare agency need not obtain the information specified in subds. 1. to 4., and the department need not obtain a fingerprint-based background check under par. (ba). (b) Every entity shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. a. or am. of the entity, with respect to a nonclient resident of a caregiver specified in sub. (1) (ag) 1. am., and with respect to a congregate care worker, except a caregiver specified in sub. (1) (ag) 1. b., of the entity: 1m. A criminal history search from the records maintained by the department of justice. 2m. Information that is contained in the registry under s. 146.40 (4g) regarding any findings against the person. 3m. Information maintained by the department of safety and professional services regarding the status of the person’s credentials, if applicable. 4m. Information maintained by the department regarding any final determination under s. 48.981 (3) (c) 5m. or, if a contested case hearing is held on such a determination, any final decision under s. 48.981 (3) (c) 5p. that the person has abused or neglected a child. 5m. Information maintained by the department of health services under this section and under ss. 48.623 (6) (am) 2. and (bm) 5., 48.75 (1m), and 48.979 (1) (b) regarding any denial to the person of a license, or continuation or renewal of a license to operate an entity, or of payments under s. 48.623 (6) for operating an entity, for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity or of permission to reside with a caregiver specified in sub. (1) (ag) 1. am. for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this sub-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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division indicates that the person has been denied a license, continuation or renewal of a license, a contract, payments, employment, or permission to reside as described in this subdivision, the entity need not obtain the information specified in subds. 1m. to 4m. (ba) If the person who is the subject of the search under par. (am) or (b) is a congregate care worker, the department shall obtain a fingerprint-based check of the national crime information databases, as defined in 28 USC 534 (f) (3) (A), unless the search has been terminated under par. (am) 5. or (b) 5m. The department, county department, or child welfare agency may release any information obtained under this paragraph only as permitted under 32 USC 20962 (e). (bb) If information obtained under par. (am), (b), or (ba) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, child welfare agency, or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am), (b), or (ba) does not indicate such a charge or conviction, the department, county department, child welfare agency, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am), (b), or (ba), a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 2023 stats., s. 940.195, 2023 stats., s. 940.20, 2023 stats., or s. 940.204, 2023 stats., or s. 940.60 (1), 940.61, 940.62, 940.65, 941.30, 942.08, 947.01 (1), 947.013, or 947.016 (1), (2), or (3) obtained not more than 5 years before the date on which that information was obtained, the department, county department, child welfare agency, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation. (bd) Notwithstanding pars. (am) and (b), the department, a county department, or a child welfare agency is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1m. to 5m., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed at, contracted with, or permitted to reside at an entity or permitted to reside with a caregiver specified under sub. (1) (ag) 1. am. of the entity for a reason specified in sub. (4m) (b) 1. to 5. and with respect to whom the department, county department, child welfare agency, or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with, or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department, a county department, or a child welfare agency from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity. (bg) If an entity employs or contracts with a caregiver or congregate care worker for whom, within the last year, the information required under par. (b) 1m. to 3m. and 5m. has already been obtained by another entity, the entity may obtain that information from that other entity, which shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under par. (b) 1m. to 3m. and 5m. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the

Updated 23-24 Wis. Stats. 144 entity shall obtain that information from the sources specified in par. (b) 1m. to 3m. and 5m. (bm) If the person who is the subject of the search under par. (am) or (b) is not a resident of this state, or if at any time within the 5 years preceding the date of the search that person has not been a resident of this state, or if the department, county department, child welfare agency, or entity determines that the person’s employment, licensing, or state court records provide a reasonable basis for further investigation, the department, county department, child welfare agency, or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 5 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1m. The department, county department, child welfare agency, or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. The department, county department, or child welfare agency cannot use any information obtained under this paragraph for any purpose other than a search of the person’s background under par. (am) or (b). (c) 1. If the person who is the subject of the search under par. (am) is seeking an initial license to operate a foster home or is seeking relicensure after a break in licensure, the department, county department, or child welfare agency shall request under 34 USC 20962 (b) a fingerprint-based check of the national crime information databases, as defined in 28 USC 534 (f) (3) (A). If that person is seeking subsidized guardianship payments under s. 48.623 (6), the department in a county having a population of 750,000 or more or county department shall request that fingerprint-based check. The department, county department, or child welfare agency may release any information obtained under this subdivision only as permitted under 34 USC 20962 (e). 2. If the person who is the subject of the search under par. (am) is seeking a license to operate a foster home or is an adult nonclient resident of the foster home and if the person or adult nonclient resident is not, or at any time within the 5 years preceding the date of the search has not been, a resident of this state, the department, county department, or child welfare agency shall check any child abuse or neglect registry maintained by any state or other U.S. jurisdiction in which the person or adult nonclient resident is a resident or was a resident within those 5 years for information that is equivalent to the information specified in par. (am) 4. If that person is seeking subsidized guardianship payments under s. 48.623 (6) or is an adult nonclient resident of the home of that person and if the person or adult nonclient resident is not, or at any time within the 5 years preceding the date of the search has not been, a resident of this state, the department in a county having a population of 750,000 or more or county department shall conduct that child abuse or neglect registry check. The department, county department, or child welfare agency may not use any information obtained under this subdivision for any purpose other than a search of the person’s background under par. (am). (d) Every entity shall maintain, or shall contract with another person to maintain, the most recent background information obtained on a caregiver or congregate care worker under par. (b). The information shall be made available for inspection by authorized persons, as defined by the department by rule. (3) (a) Every 4 years or at any time within that period that the department, a county department, or a child welfare agency con-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

siders appropriate, the department, county department, or child welfare agency shall request the information specified in sub. (2) (am) 1. to 5. for all caregivers specified in sub. (1) (ag) 1. b. who are licensed to operate an entity, or who are receiving payments under s. 48.623 (6) (am) for operating an entity, and for all persons who are nonclient residents of such a caregiver. (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1m. to 5m. for all persons who are subject to sub. (2) (b). (c) Every 4 years or at any time within that period that the department considers appropriate, the department shall obtain the information specified in sub. (2) (ba) for all persons who are congregate care workers. (3m) Notwithstanding subs. (2) (b) and (3) (b), if the department, a county department, or a child welfare agency has obtained the information required under sub. (2) (am) or (3) (a) with respect to a person who is a caregiver specified in sub. (1) (ag) 1. b. and that person is also an employee, contractor, or nonclient resident of an entity, the entity is not required to obtain the information specified in sub. (2) (b) or (3) (b) with respect to that person. (4) An entity that violates sub. (2), (3) or (4m) (b) may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule. (4m) (a) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, a county department or a child welfare agency may not license, or renew the license of, a foster home under s. 48.62, and the department in a county having a population of 750,000 or more or a county department may not provide subsidized guardianship payments to an interim caretaker under s. 48.623 (6) (am) or to a person seeking those payments as a successor guardian under s. 48.623 (6) (bm) if the department, county department, or child welfare agency knows or should have known any of the following: 1. That the person has been convicted of a serious crime or adjudicated delinquent for committing a serious crime or that the person is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime. 3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client. 4. That a final determination has been made under s. 48.981 (3) (c) 5m. or, if a contested case hearing is held on such a determination, a final decision has been made under s. 48.981 (3) (c) 5p. that the person has abused or neglected a child. 5. That, in the case of a position for which the person must be credentialed by the department of safety and professional services, the person’s credential is not current or is limited so as to restrict the person from providing adequate care to a client. (ad) The department, a county department, or a child welfare agency may license a foster home under s. 48.62 or the department in a county having a population of 750,000 or more or a county department may provide subsidized guardianship payments to an interim caretaker under s. 48.623 (6) (am) or to a person seeking those payments as a successor guardian under s. 48.623 (6) (bm), conditioned on the receipt of the information specified in sub. (2) (am) indicating that the person is not ineligible to be so licensed or provided those payments for a reason specified in par. (a) 1. to 5. (b) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not employ or contract with a caregiver specified in sub. (1) (ag) 1. a. or am. or a congregate care worker

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or permit a nonclient resident to reside at the entity or with a caregiver specified in sub. (1) (ag) 1. am. of the entity if the entity knows or should have known any of the following: 1. That the person has been convicted of a serious crime or adjudicated delinquent for committing a serious crime or that the person is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime. 2. That the person was charged for a violation of s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.072, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.125, 948.13, 948.21, 948.215, 948.30, or 948.53, or a similar law of another state, and the charge was dismissed or amended as part of a plea agreement. 2m. That the person has pleaded no contest to a violation of s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.072, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.125, 948.13, 948.21, 948.215, 948.30, or 948.53, or a similar law of another state. 3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client. 4. That a final determination has been made under s. 48.981 (3) (c) 5m. or, if a contested case hearing is held on such a determination, a final decision has been made under s. 48.981 (3) (c) 5p. that the person has abused or neglected a child. 5. That, in the case of a position for which the person must be credentialed by the department of safety and professional services, the person’s credential is not current or is limited so as to restrict the person from providing adequate care to a client. (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed or contracted with for a reason specified in par. (b) 1. to 5., an entity may employ or contract with the person for not more than 45 days pending the receipt of the information sought under sub. (2) (am) or (b) and (ba). If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be permitted to reside at an entity or with a caregiver specified in sub. (1) (ag) 1. am. for a reason specified in par. (b) 1. to 5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity or with that caregiver for any of those reasons, the entity may permit the person to reside at the entity or with the caregiver for not more than 45 days pending receipt of the information sought under sub. (2) (am) or (b) and (ba). An entity shall provide supervision for a person who is employed, contracted with, or permitted to reside as permitted under this paragraph. (d) If the department learns that a caregiver, congregate care worker, or nonclient resident is the subject of a pending investigation for a crime or offense that, under this subsection or sub. (5), could result in a bar to being a caregiver, working, or residing at an entity, the department may notify the entity of the pending investigation. (5) (a) Subject to par. (bm), the department may license to operate an entity, a county department or a child welfare agency may license to operate a foster home under s. 48.62, the department in a county having a population of 750,000 or more, an Indian tribe, or a county department may provide subsidized guardianship payments under s. 48.623 (6) to a person who otherwise may not be so licensed or provided those payments for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity or permit to reside with a caregiver specified in sub. (1) (ag) 1. am. of the entity a person who otherwise may not be so employed, provided pay-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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ments, or permitted to reside at the entity or with that caregiver for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, county department, or child welfare agency or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the Indian tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated. (bm) For purposes of licensing a foster home for the placement of a child or of providing subsidized guardianship payments to an interim caretaker under s. 48.623 (6) (am) or to a person seeking those payments as a successor guardian under s. 48.623 (6) (bm), no person, including a caregiver or nonclient resident under this section, who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated: 1. An offense under ch. 948 that is a felony. 2. A violation of s. 940.19 (3), 1999 stats., s. 940.19 (2), 2023 stats., s. 940.19 (4), 2023 stats., s. 940.19 (5), 2023 stats., s. 940.19 (6), 2023 stats., s. 940.20 (1), 2023 stats., or s. 940.20 (1m), 2023 stats., or of s. 940.60 (2) or (3) (a), (b), or (c) or 940.61 (1) or (2) (a), if the victim is the spouse of the person. 3. A violation of s. 943.23 (1m) or (1r), 1999 stats., or of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.231 (1), or 943.32 (2). 4. A violation of s. 940.19 (3), 1999 stats., s. 940.19 (2), 2023 stats., s. 940.19 (4), 2023 stats., s. 940.19 (5), 2023 stats., s. 940.19 (6), 2023 stats., s. 940.20, 2023 stats., s. 940.203, 2023 stats., s. 940.204, 2023 stats., s. 940.205, 2023 stats., or s. 940.207, 2023 stats., or of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.25, 940.60 (2) or (3) (a), (b), or (c), 940.61, 940.62, or 947.016, a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 4. to 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am). (5c) (a) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department or a child welfare agency that he or she has been rehabilitated may appeal to the secretary or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227. (b) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the county department that he or she has been rehabilitated may appeal to the director of the county department or his or her designee. Any person who is adversely affected by a decision of the director or his or her designee under this paragraph has a right to appeal the decision under ch. 68. (5d) (a) Any Indian tribe that chooses to conduct rehabilitation reviews under sub. (5) shall submit to the department a rehabilitation review plan that includes all of the following: 1. The criteria to be used to determine if a person has been rehabilitated. 2. The title of the person or body designated by the Indian tribe to whom a request for review must be made. 3. The title of the person or body designated by the Indian tribe to determine whether a person has been rehabilitated. 3m. The title of the person or body, designated by the Indian tribe, to whom a person may appeal an adverse decision made by the person specified under subd. 3. and whether the Indian tribe provides any further rights to appeal. 4. The manner in which the Indian tribe will submit information relating to a rehabilitation review to the department so that

Updated 23-24 Wis. Stats. 146 the department may include that information in its report to the legislature required under sub. (5g). 5. A copy of the form to be used to request a review and a copy of the form on which a written decision is to be made regarding whether a person has demonstrated rehabilitation. (b) If, within 90 days after receiving the plan, the department does not disapprove the plan, the plan shall be considered approved. If, within 90 days after receiving the plan, the department disapproves the plan, the department shall provide notice of that disapproval to the Indian tribe in writing, together with the reasons for the disapproval. The department may not disapprove a plan unless the department finds that the plan is not rationally related to the protection of clients. If the department disapproves the plan, the Indian tribe may, within 30 days after receiving notice of the disapproval, request that the secretary review the department’s decision. A final decision under this paragraph is not subject to further review under ch. 227. (5g) Beginning on January 1 1999, and annually thereafter, the department shall submit a report to the legislature under s. 13.172 (2) that specifies the number of persons in the previous year who have requested to demonstrate that they have been rehabilitated under sub. (5) (a), the number of persons who successfully demonstrated that they have been rehabilitated under sub. (5) (a) and the reasons for the success or failure of a person who has attempted to demonstrate that he or she has been rehabilitated. (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home under s. 48.62, the department in a county having a population of 750,000 or more or a county department may refuse to provide subsidized guardianship payments to a person under s. 48.623 (6), and an entity may refuse to employ or contract with a caregiver or congregate care worker or permit a nonclient resident to reside at the entity or with a caregiver specified in sub. (1) (ag) 1. am. of the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. (6) (a) Except as provided in this paragraph, the department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home under s. 48.62, and the department in a county having a population of 750,000 or more or a county department shall require any person who applies for subsidized guardianship payments under s. 48.623 (6) to complete a background information form that is provided by the department. (am) Every 4 years an entity shall require all of its caregivers, nonclient residents, congregate care workers, and nonclient residents of a caregiver specified in sub. (1) (ag) 1. am. to complete a background information form that is provided to the entity by the department. (b) 1. For caregivers who are licensed by the department, for persons who are nonclient residents of an entity that is licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department. 2. For caregivers who are licensed by a county department, for persons who are nonclient residents of an entity that is licensed by a county department, and for other persons specified by the department by rule, the entity shall send the background information form to the county department. 3. For caregivers who are licensed by a child welfare agency,

May 22, 2026, are designated by NOTES. (Published 5-22-26)

for persons who are nonclient residents of an entity that is licensed by a child welfare agency and for other persons specified by the department by rule, the entity shall send the background information form to the child welfare agency. (c) A person who provides false information on a background information form required under this subsection may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule. (7) The department shall do all of the following: (c) Conduct throughout the state periodic training sessions that cover criminal background investigations; reporting and investigating misappropriation of property or abuse or neglect of a client; and any other material that will better enable entities to comply with the requirements of this section. (d) Provide a background information form that requires the person completing the form to include his or her date of birth on the form. (8) The department, the department of health services, a county department, or a child welfare agency may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a), for providing information to an entity to enable the entity to comply with sub. (2) (b) or (3) (b), or for obtaining and submitting fingerprints under sub. (2) (ba) or (bm) or (3) (c). The fee may not exceed the reasonable cost of obtaining the information or of obtaining and submitting fingerprints. No fee may be charged to a nurse aide, as defined in s. 146.40 (1) (d), for obtaining or maintaining information or for obtaining and submitting fingerprints if to do so would be inconsistent with federal law. (9) The department may promulgate any rules necessary for the administration of this section. History: 1997 a. 27, 237, 281; 1999 a. 9, 32, 56, 185, 186; 2001 a. 109; 2003 a. 321; 2005 a. 149, 184, 277; 2007 a. 20 ss. 1346 to 1358, 9121 (6) (a); 2007 a. 97, 111, 116, 130, 153; 2009 a. 28, 76, 94, 185; 2011 a. 32, 35, 87, 258; 2013 a. 20, 165, 170, 334; 2015 a. 55, 129, 172, 366, 371; 2017 a. 12, 59, 128, 283; 2017 a. 364 s. 49; 2017 a. 365; 2019 a. 9; 2021 a. 72, 76, 209, 238; 2023 a. 10, 19, 224; 2025 a. 24 s. 93; 2025 a. 26, 48, 88, 129. Cross-reference: See also ch. DHS 12, Wis. adm. code.

48.686 Criminal history and child abuse record search; child care. (1) In this section: (ac) “Approval” means a child care center license under s. 48.65, a child care provider certification under s. 48.651, or a contract with a child care provider under s. 120.13 (14). (ag) “Caregiver” means any of the following: 1. An employee or contractor of a child care program who is involved in the care or supervision of clients. 1m. A person who has direct contact and unsupervised access to clients of a child care program. 2. A person who has, or is seeking, a license, certification, or contract to operate a child care program. (aj) “Child care program” means a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14), a child care provider that is certified under s. 48.651, or a temporary employment agency that provides caregivers to another child care program. (am) “Client” means a person who receives direct care from a child care program, from an entity under s. 48.685 (1) (b) or from a caregiver specified in s. 48.685 (1) (ag) 1. am., including all of the following: 1. An adopted child for whom adoption assistance payments are being made under s. 48.975. 2. A child for whom subsidized guardianship payments are being made under s. 48.623. 3. A person who is 18 to 21 years old, is receiving independent living services under 42 USC 677 (a) from an agency, is no

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longer placed in out-of-home care, and is residing in the foster home in which he or she was previously placed. (bm) “Household member” means a person who is age 10 or older, who resides, or is expected to reside, at a child care program, and who is not a client of the child care program or caregiver. (bo) “Licensing entity” means all of the following: 1. The department when licensing a child care center under s. 48.65. 2. The department in a county with a population of 750,000 or more, a county department, or an agency or Indian tribe contracted with under s. 48.651 (2) when certifying a child care provider under s. 48.651. 3. A school board when contracting with a child care provider under s. 120.13 (14). (bp) “Noncaregiver employee” means a person who provides services to a child care program as an employee or a contractor and is not a caregiver, but whose work at the child care program provides the ability to move freely throughout the premises and opportunities for interactions with clients of the child care program. (br) “Reservation” means land in this state within the boundaries of a reservation of a tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation. (c) “Serious crime” means any of the following: 1. A violation of s. 940.12, 940.22 (2) or (3), 940.285 (2), 940.29, 940.295, 942.09 (2), or 942.095. 2. A violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies. 3. An offense under ch. 948 that is a felony, other than a violation of s. 948.22 (2). 4. A violation of s. 940.19 (3), 1999 stats., s. 940.19 (2), 2023 stats., s. 940.19 (4), 2023 stats., s. 940.19 (5), 2023 stats., s. 940.19 (6), 2023 stats., s. 940.20 (1), 2023 stats., or s. 940.20 (1m), 2023 stats., or of s. 940.60 (2) or (3) (a), (b), or (c) or 940.61 (1) or (2) (a), if the victim is the spouse of the person. 5. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2), or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.02, 943.03, 943.04, 943.10 (2), 943.32 (2), 948.081, 948.21, 948.215, or 948.53 (2) (b) 1. 6. Only for a caregiver, as defined in par. (ag) 2., a violation of s. 943.201, 943.203, or 943.38 (1) or (2); a violation of s. 943.34 (1), 943.395 (1), 943.41 (3) (e), (4) (a), (5), (6), or (6m), 943.45 (1), 943.455 (2), 943.46 (2), 943.47 (2), 943.50 (1m), or 943.70 (2) (a) or (am) or (3) (a) that is a felony; or an offense under subch. IV of ch. 943 that is a felony. 7. A violation of sub. (2) or s. 48.685 (2), (3), (4m) (b), or (6), 2015 stats., if the violation involves the provision of false information to or the intentional withholding of information from, the department, a county department, an agency contracting under s. 48.651 (2), a school board, or a child care program. 8. An offense involving fraudulent activity as a participant in the Wisconsin Works program under ss. 49.141 to 49.161, including as a recipient of a child care subsidy under s. 49.155, or as a recipient of aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, or health care benefits under the Badger Care health care program under s. 49.665. 9. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.25, 940.60 (2) or (3) (a), (b), or (c), 940.61, 940.62, 943.231 (1), or 947.016 or s.

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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940.19 (2), 2023 stats., s. 940.19 (4), 2023 stats., s. 940.19 (5), 2023 stats., s. 940.19 (6), 2023 stats., s. 940.20, 2023 stats., s. 940.203, 2023 stats., s. 940.204, 2023 stats., s. 940.205, 2023 stats., or s. 940.207, 2023 stats., a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony. 10. A violation of s. 948.22 (2), unless the person has paid all arrearages due and is meeting his or her current support obligations. 11. A violation of the law of any other state or United States jurisdiction that would be a violation listed in subd. 1. to 10. if committed in this state. 12. A violation of the laws of another state or United States jurisdiction that if committed in this state would constitute felony battery under s. 940.19 (2), 2023 stats., s. 940.19 (4), 2023 stats., s. 940.19 (5), 2023 stats., s. 940.19 (6), 2023 stats., s. 940.20, 2023 stats., or s. 940.204, 2023 stats., or s. 940.60 (2) or (3) (a), (b), or (c), 940.61, 940.62, or 947.016 (1), (2), or (3), a felony offense of domestic abuse, as defined in s. 813.12 (1) (am), a sex offense or a violent crime under ch. 948, or a violation of s. 940.225 if the victim was a child. (2) (a) A licensing entity shall require any person who applies for an initial approval to operate a child care program to submit the information required for a background check request under par. (ag). If the licensing entity is a school board, county department, or contracted agency or tribe, the licensing entity shall submit the completed background information request to the department. (ab) Each child care program shall submit a request to the department for a background check for each potential caregiver, noncaregiver employee, and household member prior to the date on which an individual becomes a caregiver, noncaregiver employee, or household member, and at least once during every 5year period for each existing caregiver, noncaregiver employee, or household member, except if all of the following apply to the individual: 1. The individual has received a background check as described in par. (am) while working or seeking work with another child care program within the state within the last 5 years. 2. The department provided to the child care program under subd. 1. a qualifying background check result for the individual. 3. The individual works or resides at a child care program within the state or has been separated from work or residence at a child care program within the state for a period of not more than 180 consecutive days. (ag) 1. A request for a background check to the department under par. (a) or (ab) shall be in the manner and on forms prescribed by the department, and shall include all of the following: a. Fingerprints of the subject that meet the standards of the department. b. Any additional information that the department deems necessary to perform the background check. 2. A request for a background check is considered submitted on the day that the department receives all of the information required under subd. 1. 3. The requester of a background check under this paragraph shall submit all fees required by the department pursuant to the instructions provided by the department, not to exceed the actual cost of conducting the background check. (am) Upon receipt of a request submitted under par. (a) or (ab), the department shall obtain all of the following with respect to the individual who is the subject of the request:

Updated 23-24 Wis. Stats. 148 1. A fingerprint-based or name-based criminal history search from the records maintained by the department of justice. 2. Information that is contained in the registry under s. 146.40 (4g) regarding any findings against the person. 3. Information maintained by the department of safety and professional services regarding the status of the person’s credentials, if applicable. 4. Information maintained by the department regarding any final determination under s. 48.981 (3) (c) 5m. or, if a contested case hearing is held on such a determination, any final decision under s. 48.981 (3) (c) 5p. that the person has abused or neglected a child. 5. Information maintained by the department of health services under s. 48.685 regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity or a child care program, for a reason specified in s. 48.685 (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity or a child care program for a reason specified in s. 48.685 (4m) (a) 1. to 5. 6. Information that is contained in the sex offender registry under s. 301.45 regarding whether the person has committed a sex offense that is a serious crime. 7. A fingerprint-based criminal history search using the federal bureau of investigation next generation identification. 8. A search of the national crime information center’s national sex offender registry. 9. A search of the following registries, repositories, or databases in the state where the caregiver or nonclient resident resided for the period starting on the date 5 years prior to the department’s receipt of the background check request and ending on the date the department received the background check request: a. The state criminal registry or repository. b. The state sex offender registry or repository. c. The state-based child abuse and neglect registry and database. 10. A search of the department’s background check records. (ar) After receiving a request under par. (a) or (ab), the department shall conduct the background check as expeditiously as possible and shall make a good faith effort to complete all components of the background check no later than 45 days after the date on which the request was submitted. (bb) If information obtained under par. (am) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If information submitted to the department under par. (ag) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) does not indicate such a charge or conviction, the department shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am), information submitted under par. (ag), or any other information indicates a conviction of a violation of s. 940.19 (1), 2023 stats., s. 940.195, 2023 stats., s. 940.20, 2023 stats., or s. 940.204, 2023 stats., or s. 940.60 (1), 940.61, 940.62, 940.65, 941.30, 942.08, 947.01 (1), 947.013, or 947.016 (1), (2), or (3) obtained not more than 5 years before the date on which that information was obtained, the department shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation. (bd) Notwithstanding par. (am), the department is not required to obtain the information specified in par. (am) 1. to 10., with respect to a household member under 18 years of age whose

May 22, 2026, are designated by NOTES. (Published 5-22-26)

background check request under par. (ag) indicates that the household member is not ineligible to be permitted to reside at a child care program for a reason specified in sub. (4m) (a) 1. to 8. and with respect to whom the department otherwise has no reason to believe that the person is ineligible to be permitted to reside at the child care program for any of those reasons. This paragraph does not preclude the department from obtaining, at its discretion, the information specified in par. (am) 1. to 10. with respect to a household member described in this paragraph. (br) The department shall require the person who is the subject of a search under par. (am) to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints, or by other technologies approved by law enforcement agencies, unless the person has previously been fingerprinted under this paragraph. (3) (am) Every year or at any time that the department considers appropriate, the department may request the information specified in sub. (2) (am) 1. to 5. for all caregivers, noncaregiver employees, and household members. (bm) Annually, by January 1, the department shall submit a report to the appropriate standing committees of the legislature under s. 13.172 (3) describing the report prepared under sub. (4p) (a) with respect to caregivers specified in sub. (1) (ag) 2., specifically any information indicating that the caregiver is ineligible under sub. (4m) (a) to be licensed, certified, or contracted to operate a child care program, and describing any action taken in response to the receipt of information under sub. (2) (am) indicating that such a caregiver is so ineligible. (4) (a) A child care program that violates sub. (2), (3), or (4m) (a) is subject to a forfeiture of not more than $1,000 and to other sanctions specified by the department by rule. (b) A person who provides false information to the department under sub. (2) is subject to a forfeiture of not more than $1,000 and to other sanctions specified by the department by rule. (4m) (a) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), a licensing entity may not issue an approval to operate a child care program to a person, and a child care program may not employ or contract with a caregiver or noncaregiver employee or permit a household member to reside at the child care program if the licensing entity or child care program knows or should have known any of the following: 1. That the person has been convicted of a serious crime or adjudicated delinquent for committing a serious crime or that the person is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime. 2. That the person is registered or is required to be registered on a state sex offender registry or repository or the national sex offender registry. 3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client. 4. That a final determination has been made under s. 48.981 (3) (c) 5m. or, if a contested case hearing is held on such a determination, a final decision has been made under s. 48.981 (3) (c) 5p. that the person has abused or neglected a child. 5. That the department has determined the person ineligible to receive an approval to operate a child care program, to be employed by a child care program, or to be a household member of a child care program. 6. That the person has refused to provide information under sub. (2) (ag), or that the person refused to participate in, cooperate with, or submit required information for the background check described in sub. (2) (am), including fingerprints.

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7. That the person knowingly made a materially false statement in connection with the person’s background check described in sub. (2). 8. That the person knowingly omitted material information requested in connection with the person’s background check conducted under sub. (2). (ad) A licensing entity may issue an approval to operate a child care program to a person conditioned on the receipt of the information specified in sub. (4p) (a) indicating that the person is not ineligible to be so licensed, certified, or contracted with for a reason specified in par. (a) 1. to 8. (c) A child care program may employ or contract with a potential caregiver or noncaregiver employee or permit a potential household member to reside at the child care program for up to 45 days from the date a background check request is submitted to the department pending the completion of the department’s report under sub. (4p) (a) if the department provides a preliminary report under sub. (4p) (c) to the child care program indicating that the individual is not ineligible to work or reside at a child care program. At all times that clients of a child care program are present, an individual who received a qualifying result on a background check described in sub. (2) (am) within the past 5 years must supervise a potential caregiver, noncaregiver employee, or household member permitted to work or reside at the child care program under this paragraph. (4p) (a) The department shall provide the results of the background check to the child care program in a written report that indicates only that the individual on whom the background check was conducted is eligible or ineligible for employment or to reside at the child care program, without revealing any disqualifying offense or other information regarding the individual. (b) The department shall provide the results of the background check to the individual on whom the background check was conducted in a written report that indicates whether the individual is eligible or ineligible for employment or to reside at the child care program. If the individual is ineligible for employment or to reside at the child care program, the department’s report shall include information on each disqualifying offense and information on the right to appeal. (c) Before the department completes its report under par. (a), a caregiver under sub. (1) (ag) 2. may submit a written request to the department for a preliminary report indicating whether a potential caregiver, noncaregiver employee, or household member is eligible to work or reside at a child care program under sub. (4m) (c). If the department receives such a request, it shall provide a written preliminary report to that caregiver indicating whether the individual is barred from working or residing at a child care program on the basis of a background check under sub. (2) (am) 1. or 7. If the individual is ineligible to work or reside at a child care program based on the results of the preliminary report, the department shall also provide a preliminary report to the individual containing information related to each disqualifying offense. (d) The results of a report under par. (c) may not be appealed by the individual until receipt of the department’s report under par. (b) following completion of all components of the background check. (4s) (a) An individual who is the subject of the department’s report on the results of a background check may appeal the department’s decision. Only the person who is the subject of the department’s report may appeal the department’s decision. Neither the child care program nor any other person may appeal the department’s decision. (b) An appeal request shall be submitted to the department at the address, e-mail address, or fax number identified in the statement of appeal rights no later than 10 days after the date of the

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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department’s decision, unless the appellant requests, and the department grants, an extension for a specific amount of time prior to expiration of the 10 day appeal period. Extensions may be granted for good cause shown. (c) An appeal shall be submitted in the manner and on forms prescribed by the department, and must include all of the following information: 1. The information or issue disputed by the individual. 2. Any information known to the individual, or available to the individual through the exercise of reasonable diligence, that supports the individual’s position. 3. The current or last known names, addresses, telephone numbers, and electronic mail addresses of any persons known or believed to have information relevant to determination of the appeal. 4. Copies of any documents or other materials in the possession of the individual, or reasonably available to the individual, that support the individual’s position regarding the disputed information. (e) The department shall attempt to verify the accuracy of the information challenged by the appellant, including making reasonable good faith efforts to locate any missing information regarding the disqualifying crime that is relevant to the issue identified for appeal. (f) The department shall sustain the results of its background check report if supported by a preponderance of the available evidence. (g) The department shall issue its appeal decision in writing. If the results of the original report are sustained upon review, the decision shall indicate the department’s efforts to verify the accuracy of the information challenged by the individual. The decision shall also indicate any additional reconsideration and appeal rights available to the appellant. (h) An appellant under this subsection may seek reconsideration of the department’s decision under par. (g) by the secretary or the secretary’s designee. (i) A request for reconsideration detailing the basis for the request must be sent to the secretary at the address, e-mail address, or fax number identified in the department’s decision no later than 30 days after the date of the department’s decision. (j) The secretary or secretary’s designee shall issue his or her reconsideration decision in writing and shall include information about any additional appeal rights available to the individual. (k) A denial of reconsideration under this subsection is a final decision of the department, and the appellant has a right to a contested case hearing under ch. 227. (L) The appeal and reconsideration process set forth in this subsection is the exclusive method for disputing a criminal history background report issued by the department. The department’s decision may not be appealed in a ch. 68 or 227 proceeding challenging the denial of a license, certification, or contract to operate a child care program based on the department’s criminal history background check report or challenging any other child care regulatory action taken in reliance upon that report. (m) Notwithstanding s. 19.35, the department may not publicly release or disclose the results of any individual background report it issues, except that the department may release aggregated data by crime as listed in sub. (1) (c) from background check results so long as the data does not contain personally identifiable information. The department may disclose and use information obtained in conducting background checks as necessary during an appeal or reconsideration under this subsection or for another lawful purpose.

Updated 23-24 Wis. Stats. 150 (5) (a) A person may have the opportunity to demonstrate his or her rehabilitation to the department or to a tribe authorized to conduct a rehabilitation review under sub. (5d) if any of the following apply: 1. An investigation under sub. (2) (am) indicates that sub. (4m) (a) 2., 3., or 4. applies to the person. 2. An investigation under sub. (2) (am) indicates that the person has been convicted or adjudicated delinquent of a serious crime as specified under sub. (1) (c) 9. or for a violation of the law of any other state or United States jurisdiction that would be a violation listed in sub. (1) (c) 9. if committed in this state, and the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, more than 5 years before the date of the investigation under sub. (2) (am). (b) If the department or tribe determines that the person has demonstrated rehabilitation in accordance with procedures established by the department by rule or by the tribe and by clear and convincing evidence, the prohibition in sub. (4m) (a) does not apply. (5c) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department that he or she has been rehabilitated may appeal to the secretary or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227. (5d) (a) Any Indian tribe that chooses to conduct rehabilitation reviews under sub. (5) shall submit to the department a rehabilitation review plan that includes all of the following: 1. The criteria to be used to determine if a person has been rehabilitated. 2. The title of the person or body designated by the Indian tribe to whom a request for review must be made. 3. The title of the person or body designated by the Indian tribe to determine whether a person has been rehabilitated. 3m. The title of the person or body, designated by the Indian tribe, to whom a person may appeal an adverse decision made by the person specified under subd. 3. and whether the Indian tribe provides any further rights to appeal. 4. The manner in which the Indian tribe will submit information relating to a rehabilitation review to the department so that the department may include that information in its report to the legislature required under sub. (5g). 5. A copy of the form to be used to request a review and a copy of the form on which a written decision is to be made regarding whether a person has demonstrated rehabilitation. (b) If, within 90 days after receiving the plan, the department does not disapprove the plan, the plan shall be considered approved. If, within 90 days after receiving the plan, the department disapproves the plan, the department shall provide notice of that disapproval to the Indian tribe in writing, together with the reasons for the disapproval. The department may not disapprove a plan unless the department finds that the plan is not rationally related to the protection of clients. If the department disapproves the plan, the Indian tribe may, within 30 days after receiving notice of the disapproval, request that the secretary review the department’s decision. A final decision under this paragraph is not subject to further review under ch. 227. (5g) On January 1 of each year, the department shall submit a report to the legislature under s. 13.172 (2) that specifies the number of persons in the previous year who have requested to demonstrate that they have been rehabilitated under sub. (5), the number of persons who successfully demonstrated that they have been rehabilitated under sub. (5), and the reasons for the success

May 22, 2026, are designated by NOTES. (Published 5-22-26)

or failure of a person who has attempted to demonstrate that he or she has been rehabilitated. (5m) Notwithstanding s. 111.335, a licensing entity may refuse to issue an approval to operate a child care program to a person, and a child care program may refuse to employ or contract with a caregiver or noncaregiver employee or permit a household member to reside at the child care program if the person has been convicted of or adjudicated delinquent for an offense that is not a serious crime, but that is, in the estimation of the department, substantially related to the care of a client. The department shall notify the provider and the individual of the results of a substantially related determination pursuant to the process set forth in sub. (4p) for background check determinations. The individual shall have the same appeal rights as set forth in sub. (4s), and the same appeal procedures apply. (7) The department shall conduct throughout the state periodic training sessions that cover procedures and uses of background investigations; reporting and investigating misappropriation of property or abuse or neglect of a client; and any other material that will better enable entities to comply with the requirements of this section. (8) The department may promulgate any rules necessary for the administration of this section. History: 2017 a. 59; 2017 a. 364 s. 49; 2019 a. 9; 2021 a. 209; 2021 a. 238 s. 45; 2023 a. 10; 2025 a. 24 s. 93; 2025 a. 26, 48, 129. In this case, the revocation of the petitioner’s license under the caregiver law did not violate the petitioner’s due process rights because the state provided adequate post-deprivation remedies. Petitioner’s equal protection claim failed because the law does pass the rational basis test. Regardless of whether the law is rationally related to the goal of protecting children, the law is rationally related to the legitimate purpose of prohibiting individuals who dishonestly benefitted from government welfare in the past from obtaining government funding in the form of childcare subsidies. Brown v. Department of Children & Families, 2012 WI App 61, 341 Wis. 2d 449, 819 N.W.2d 827, 11-1350. See also Blake v. Jossart, 2016 WI 57, 370 Wis. 2d 1, 884 N.W.2d 484, 12-2578. Jamerson, 2013 WI 7, instructs that, prior to establishing that a conviction satisfies the requirements of s. 48.685 (5) (br) 5. [now sub. (1) (c) 8.], evidence must clearly show that the conviction was for fraudulent activity. The title of the conviction and an uncorroborated criminal complaint presented at the administrative appeal hearing were insufficient to meet this standard. Blake v. Racine County Human Services Department, 2013 WI App 45, 347 Wis. 2d 499, 831 N.W.2d 439, 120031. NOTE: The above annotations relate to licensure under the caregiver law under former s. 48.685, 2015 stats., prior to the repeal of that section and the creation of this section by 2017 Wis. Act 59.

48.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, group home, or child care center that has not been previously issued a license under s. 48.66 (1) (a) applies for a license, meets the minimum requirements for a license established under s. 48.67, and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home, or child care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home, or child care center holding the probationary license and, except as provided under s. 48.715 (6) and (7), if the child welfare agency, shelter care facility, group home, or child care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1) (a). A probationary license issued under this section may be renewed for one 6-month period. History: 1975 c. 307; 1977 c. 271; 1985 a. 176; 1993 a. 375; 1997 a. 191, 237; 1999 a. 9; 2009 a. 185.

48.70 Provisions of licenses. (1) GENERAL. Each license shall state the name of the person licensed, the premises included under the license, the maximum number of children who can be received and their age and sex and such additional information and special conditions as the department may prescribe.

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(2) SPECIAL PROVISIONS FOR CHILD WELFARE AGENCY LICENSES. A license to a child welfare agency shall also specify the kind of child welfare work the agency is authorized to undertake, whether the agency may accept guardianship of children, whether the agency may place children in foster homes, and if so, the area the agency is equipped to serve. (4) SPECIAL PROVISIONS FOR COUNTY DEPARTMENTS. Licenses to county departments shall specify whether the county department may accept guardianship of children and place children for adoption. History: 1973 c. 90; 1975 c. 307; 1977 c. 271; 1985 a. 176; 1993 a. 375, 446; 2009 a. 28.

48.715 Sanctions and penalties. (1) In this section, “licensee” means a person who holds a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, shelter care facility, group home, or child care center. (2) If the department provides written notice of the grounds for a sanction, an explanation of the types of sanctions that may be imposed under this subsection and an explanation of the process for appealing a sanction imposed under this subsection, the department may order any of the following sanctions: (a) That a person stop operating a child welfare agency, shelter care facility, group home, or child care center if the child welfare agency, shelter care facility, group home, or child care center is without a license in violation of s. 48.66 (1) (a) or a probationary license in violation of s. 48.69. (b) That a person who employs a person who has had a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 revoked within the previous 5 years terminate the employment of that person within 30 days after the date of the order. This paragraph includes employment of a person in any capacity, whether as an officer, director, agent or employee. (c) That a licensee stop violating any provision of licensure under s. 48.70 (1) or rule promulgated by the department under s. 48.658 (4) (a) or 48.67. (d) That a licensee submit a plan of correction for violation of any provision of licensure under s. 48.70 (1) or rule promulgated by the department under s. 48.658 (4) (a) or 48.67. (e) That a licensee implement and comply with a plan of correction provided by the department or previously submitted by the licensee and approved by the department. (f) That a licensee close the intake of any new children until all violations of the provisions of licensure under s. 48.70 (1) and the rules promulgated by the department under s. 48.658 (4) (a) or 48.67 are corrected. (g) That a licensee provide training for the licensee’s staff members as specified by the department. (3) If the department provides written notice of the grounds for a penalty, an explanation of the types of penalties that may be imposed under this subsection, and an explanation of the process for appealing a penalty imposed under this subsection, the department may impose any of the following penalties against a licensee or any other person who violates a provision of licensure under s. 48.70 (1) or rule promulgated by the department under s. 48.658 (4) (a) or 48.67 or who fails to comply with an order issued under sub. (2) by the time specified in the order: (a) A daily forfeiture amount per violation of not less than $10 nor more than $1,000. All of the following apply to a forfeiture under this paragraph: 1. Within the limits specified in this paragraph, the department may, by rule, set daily forfeiture amounts and payment deadlines based on the size and type of facility or agency and the seriousness of the violation. The department may set daily forfeiture amounts that increase periodically within the statutory limits

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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if there is continued failure to comply with an order issued under sub. (2). 2. The department may directly assess a forfeiture imposed under this paragraph by specifying the amount of that forfeiture in the notice provided under this subsection. 3. A person against whom the department has assessed a forfeiture shall pay that forfeiture to the department within 10 days after receipt of notice of the assessment or, if that person contests that assessment under s. 48.72, within 10 days after receipt of the final decision after exhaustion of administrative review or, if that person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subdivision to the secretary of administration for deposit in the school fund. 4. The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this paragraph that has not been paid as provided in subd. 3. The only contestable issue in an action under this subdivision is whether or not the forfeiture has been paid. (b) Suspension of the licensee’s license for not more than 2 weeks. (c) Refusal to continue a license or a probationary license. (d) Revocation of a license or a probationary license as provided in sub. (4). (4) If the department provides written notice of revocation and the grounds for revocation as provided in sub. (4m) and an explanation of the process for appealing a revocation under this subsection, the department may revoke a license issued under s. 48.66 (1) (a) or a probationary license issued under s. 48.69 for any of the following reasons: (a) The department has imposed a penalty on the licensee under sub. (3) and the licensee or a person under the supervision of the licensee either continues to violate or resumes violation of a rule promulgated under s. 48.658 (4) (a) or 48.67, a provision of licensure under s. 48.70 (1), or an order under this section forming any part of the basis for the penalty. (b) The licensee or a person under the supervision of the licensee has committed a substantial violation, as determined by the department, of a rule promulgated under s. 48.658 (4) (a) or 48.67, a provision of licensure under s. 48.70 (1), or an order under this section. (c) The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the child welfare agency, shelter care facility, group home, or child care center that directly threatens the health, safety, or welfare of any child under the care of the licensee. (d) The licensee or a person under the supervision of the licensee has violated, as determined by the department, a rule promulgated under s. 48.658 (4) (a) or 48.67, a provision of licensure under s. 48.70 (1), or an order under this section that is the same as or similar to a rule promulgated under s. 48.658 (4) (a) or 48.67, a provision of licensure under s. 48.70 (1), or an order under this section that the licensee or a person under the supervision of the licensee has violated previously. (e) The licensee has failed to apply for a continuance of the license within 30 days after receipt of the warning under s. 48.66 (5). (4g) (a) If a person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care center is convicted or adjudicated delinquent for committing a serious crime, or if the results of a background check conducted under s. 48.686 indicate that the caregiver, household member, or noncaregiver employee is not eligible to be licensed, certified, em-

Updated 23-24 Wis. Stats. 152 ployed, or permitted to reside at a child care program, the department shall revoke the license of the child care center immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation. (b) If a person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care center is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime, the department shall immediately suspend the license of the child care center until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to operate, work at, or reside at a child care center. (4m) (a) For a revocation under sub. (4) (a) or (d), the department shall provide to the licensee written notice of the revocation and the grounds for revocation not less than 30 days before the date of the revocation. The revocation will take effect only if the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period. (b) For revocations under sub. (4) (b), (c) or (e), the department may revoke the license or probationary license immediately upon written notice to the licensee of the revocation and the grounds for revocation. (5) The department may deny a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to any person who has had a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 revoked within the previous 5 years. (6) The department shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility, or child care center, and the department of corrections shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured residential care center for children and youth, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72. (7) The department shall deny an application for the issuance or continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility, or child care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the applicant or licensee is liable for delinquent unemployment insurance contributions. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) or 108.227 (5) and not as provided in s. 48.72. (8) The department may deny, suspend, restrict, refuse to renew, or otherwise withhold a certification under s. 48.675 based on a failure to comply with certification requirements established by administrative rule under that section. History: 1991 a. 275; 1993 a. 375; 1995 a. 27; 1997 a. 27, 191, 237; 1999 a. 9, 32, 186; 2003 a. 33; 2005 a. 344; 2007 a. 20; 2009 a. 19, 76, 185; 2011 a. 258; 2013 a. 36; 2017 a. 59; 2019 a. 9; 2021 a. 42.

May 22, 2026, are designated by NOTES. (Published 5-22-26)

48.72 Appeal procedure. Except as provided in s. 48.715 (6) and (7), any person aggrieved by the department’s refusal or failure to issue, renew, or continue a license or by any action taken by the department under s. 48.715 has the right to an administrative hearing provided for contested cases in ch. 227. To receive an administrative hearing under ch. 227, the aggrieved person shall send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the department’s refusal or failure to issue, renew, or continue a license or the department’s action taken under s. 48.715. The department shall hold an administrative hearing under s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department’s decision may be had by any party in the contested case as provided in ch. 227. History: 1991 a. 275; 1993 a. 375; 1997 a. 27, 191, 237; 2005 a. 293.

48.73 Inspection of licensees and school district child care programs. The department may visit and inspect each child welfare agency, foster home, group home, and child care center licensed by the department and each entity certified by the department under s. 48.675, and for that purpose shall be given unrestricted access to the premises described in the license or certification. The department may visit and inspect each child care program established or contracted for under s. 120.13 (14) that receives payment under s. 49.155 for the child care provided, and for that purpose shall be given unrestricted access to the premises used for the child care program. History: 1979 c. 300; 1993 a. 446; 2009 a. 28, 185; 2017 a. 59; 2021 a. 42.

48.735 Immunization requirements; child care centers. The department, after notice to a child care center licensee, may suspend, revoke, or refuse to continue a child care center license in any case in which the department finds that there has been a substantial failure to comply with the requirements of s. 252.04. History: 1989 a. 120; 1993 a. 27; 1997 a. 27; 2009 a. 185.

48.737 Lead screening, inspection and reduction requirements; child care centers. The department, after notice to a child care provider certified under s. 48.651, or a child care center that holds a license under s. 48.65 or a probationary license under s. 48.69, may suspend, revoke, or refuse to renew or continue a license or certification in any case in which the department finds that there has been a substantial failure to comply with any rule promulgated under s. 254.162, 254.168, or 254.172. History: 1993 a. 450, 491; 1997 a. 27; 2009 a. 185.

48.74 Authority of department to investigate alleged violations. Whenever the department is advised or has reason to believe that any person is violating any of the provisions of ss. 48.60, 48.62, 48.625 or 48.65, it shall make an investigation to determine the facts. For the purposes of this investigation, it shall have authority to inspect the premises where the violation is alleged to occur. If it finds that the person is violating any of the specified sections, it may either issue a license if the person is qualified or may institute a prosecution under s. 48.76. History: 1979 c. 300.

48.743 Community living arrangements for children. (1) In this section, “community living arrangement for children” means a residential care center for children and youth or a group home. (2) Community living arrangements for children shall be subject to the same building and housing ordinances, codes, and regulations of the municipality or county as similar residences located in the area in which the facility is located. (3) The department shall designate a subunit to keep records

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and supply information on community living arrangements for children under ss. 59.69 (15) (f), 60.63 (7), and 62.23 (7) (i) 6. The subunit shall be responsible for receiving all complaints regarding community living arrangements for children and for coordinating all necessary investigatory and disciplinary actions under the laws of this state and under the rules of the department relating to the licensing of community living arrangements for children. (4) A community living arrangement for children with a capacity for 8 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to single-family or 2-family residences. A community living arrangement for children with a capacity for 15 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to more than 2-family residences. Covenants in deeds which expressly prohibit use of property for community living arrangements for children are void as against public policy. (5) If a community living arrangement for children is required to obtain special zoning permission, as defined in s. 59.69 (15) (g), the department shall, at the request of the unit of government responsible for granting the special zoning permission, inspect the proposed facility and review the program proposed for the facility. After such inspection and review, the department shall transmit to the unit of government responsible for granting the special zoning permission a statement that the proposed facility and its proposed program have been examined and are either approved or disapproved by the department. History: 2007 a. 20. A holding that a community living arrangement with a capacity of ten persons was not barred by a deed covenant limiting use to a single-family residence. Crowley v. Knapp, 94 Wis. 2d 421, 288 N.W.2d 815 (1980). See also Overlook Farms Home Ass’n v. Alternative Living Services, 143 Wis. 2d 485, 422 N.W.2d 131 (Ct. App. 1988).

48.745 Formal complaints regarding child welfare agencies and group homes. (1) If a complaint is received by a child welfare agency operating a residential care center for children and youth or by a group home, the licensee shall attempt to resolve the complaint informally. Failing such resolution, the licensee shall inform the complaining party of the procedure for filing a formal complaint under this section. (2) Any individual may file a formal complaint under this section regarding the general operation of a residential care center for children and youth or group home and shall not be subject to reprisals for doing so. All formal complaints regarding residential care centers for children and youth and group homes shall be filed with the county department on forms supplied by the county department unless the county department designates the department to receive formal complaints. The county department shall investigate or cause to be investigated each formal complaint. Records of the results of each investigation and the disposition of each formal complaint shall be kept by the county department and filed with the subunit of the department that licenses residential care centers for children and youth and group homes. (3) Upon receipt of a formal complaint, the county department may investigate the premises and records and question the licensee, staff, and residents of the residential care center for children and youth or group home involved. The county department shall attempt to resolve the situation through negotiation and other appropriate means. (4) If no resolution is reached, the county department shall forward the formal complaint, results of the investigation and any other pertinent information to the unit within the department which is empowered to take further action under this chapter against the facility. The unit shall review the complaint and may conduct further investigation, take enforcement action under this chapter or dismiss the complaint. The department shall notify

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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the complainant in writing of the final disposition of the complaint and the reasons therefor. If the complaint is dismissed, the complainant is entitled to an administrative hearing conducted by the department to determine the reasonableness of the dismissal. (5) If the county department designates the department to receive formal complaints, the subunit under s. 48.743 (3) shall receive the complaints and the department shall have all the powers and duties granted to the county department in this section. History: 1977 c. 205, 418; 1979 c. 175; 1985 a. 176; 2001 a. 59; 2007 a. 20.

48.75 Foster homes licensed by public licensing agencies and by child welfare agencies. (1b) In this section, “public licensing agency” means a county department or, in a county having a population of 750,000 or more, the department. (1d) Child welfare agencies, if licensed to do so by the department, and public licensing agencies may license foster homes under the rules promulgated by the department under s. 48.67 governing the licensing of foster homes. Except as provided under s. 48.66 (6), a foster home license shall be issued for a term not to exceed 2 years from the date of issuance and is not transferable. A foster home license may be revoked by the child welfare agency or by the public licensing agency because the licensee has violated any provision of this chapter or of the rules of the department promulgated under s. 48.67 or because the licensee fails to meet the minimum requirements for a license. The licensee shall be given written notice of any revocation and the grounds for the revocation. (1g) (a) A public licensing agency may license a foster home only if the foster home is located in the county of the public licensing agency, except that a public licensing agency may license a foster home located in another county if any of the following applies: 1. The person who will be licensed to operate the foster home is a relative or a guardian of the child who will be placed in the foster home. 2. A foster parent licensed by the public licensing agency moves to the other county with a child who has been placed in the foster parent’s home and the license will allow the foster parent to continue to care for that child. 3. The county of the public licensing agency issuing the license and the county in which the foster home is located are contiguous. 4. The county of the public licensing agency issuing the license has a population of 750,000 or more and the placement is for adoption under s. 48.833 (1), 48.835, or 48.837. 5. The public licensing agency of the county in which the prospective foster home is located requests the public licensing agency of another county to license the foster home. (b) A license issued under par. (a) 1. or 4. shall specifically identify each child to be placed in the foster home and shall terminate at the end of the licensing period or 6 months after the child returns home or is placed elsewhere, whichever occurs first. (c) No license may be issued under par. (a) 1., 2., or 3. unless the public licensing agency issuing the license has notified the public licensing agency of the county in which the foster home will be located of its intent to issue the license and no license issued under par. (a) 2. or 3. is valid unless the 2 public licensing agencies have entered into a written agreement under this paragraph. A public licensing agency is not required to enter into any agreement under this paragraph allowing the public licensing agency of another county to license a foster home within its jurisdiction. The written agreement shall include all of the following:

Updated 23-24 Wis. Stats. 154 1. A statement that the public licensing agency issuing the license has placement and care responsibility for the child as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the child who is placed in the foster home, as specified in the agreement. 2. A statement that the public licensing agency issuing the license is responsible for the costs of the placement and any related costs, as specified in the agreement. 3. A description of the procedures to be followed in providing emergency services to the child who is placed in the foster home and to the foster parent, as specified in the agreement. (cm) Notwithstanding that a written agreement under par. (c) is not required for the issuance of a license under par. (a) 1., the public licensing agency issuing the license shall have the responsibilities specified in par. (c) 1., shall be responsible for the costs specified in par. (c) 2., and shall have in place the procedures specified in par. (c) 3. (d) If the public licensing agency issuing a license under par. (a) 2. or 3. violates the agreement under par. (c), the public licensing agency of the county in which the foster home is located may terminate the agreement and, subject to ss. 48.217, 48.32, 48.357, 48.437, 48.64, 938.217, 938.32, and 938.357, require the public licensing agency that issued the license to remove the child from the foster home within 30 days after receipt, by the public licensing agency that issued the license, of notification of the termination of the agreement. (1m) Each child welfare agency and public licensing agency shall provide the department of health services with information about each person who is denied a license for a reason specified in s. 48.685 (4m) (a) 1. to 5. (1r) At the time of initial licensure and license renewal, the child welfare agency or public licensing agency issuing a license under sub. (1d) or (1g) shall provide the licensee with written information relating to the monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments, and the procedures for applying for supplemental payments. (2) Any foster home applicant or licensee of a public licensing agency or a child welfare agency may, if aggrieved by the failure to issue or renew its license or by revocation of its license, appeal as provided in s. 48.72. (3) Before issuing a license under sub. (1d) or (1g), a child welfare agency or public licensing agency shall require that each foster parent receive a favorable report following an investigation that is conducted in the same manner as an investigation under s. 48.88 (2) (aj) is conducted. History: 1985 a. 176; 1985 a. 332 s. 251 (1); 1989 a. 336; 1993 a. 395, 446; 1995 a. 225; 1997 a. 27, 237; 1999 a. 9, 103; 2005 a. 232; 2007 a. 20 ss. 1362, 1363, 9121 (6) (a); 2007 a. 186; 2009 a. 28, 71; 2015 a. 172, 373, 378; 2017 a. 257.

48.76 Penalties. In addition to the sanctions and penalties provided in s. 48.715, any person who violates s. 48.60, 48.62, 48.625, 48.63 or 48.65 may be fined not more than $500 or imprisoned for not more than one year in county jail or both. History: 1977 c. 418 s. 929 (18); 1979 c. 300; 1991 a. 275; 1993 a. 375.

48.77 Injunction against violations. In addition to the penalties provided in s. 48.76, the circuit courts shall have jurisdiction to prevent and restrain by injunction violations of s. 48.60, 48.62, 48.625, 48.63 or 48.65. It shall be the duty of the district attorneys, upon request of the department, to institute action for such injunction under ch. 813. History: Sup. Ct. Order, 67 Wis. 2d 585, 773 (1975); 1977 c. 418 s. 929 (18); 1979 c. 300.

May 22, 2026, are designated by NOTES. (Published 5-22-26)

SUBCHAPTER XVII GENERAL PROVISIONS ON RECORDS 48.78 Confidentiality of records. (1) DEFINITION. In this section, unless otherwise qualified, “agency” means the department, a county department, a licensed child welfare agency, or a licensed child care center. (2) CONFIDENTIALITY; EXCEPTIONS. (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under sub. (2m) or s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.66 (6), 48.93, 48.981 (7), 250.22, 938.396 (2m) (c) 1r., 938.51, or 938.78 or by order of the court. NOTE: Par. (a) is shown as amended eff. 5-1-27 by 2025 Wis. Act 148. Prior to 5-1-27 it reads: (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under sub. (2m) or s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.66 (6), 48.93, 48.981 (7), 938.396 (2m) (c) 1r., 938.51, or 938.78 or by order of the court.

(ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian, or legal custodian of the child who is the subject of the record or upon the request of the child, if 14 years of age or over, to the parent, guardian, legal custodian, or child, unless the agency determines that inspection of the record by the child, parent, guardian, or legal custodian would result in imminent danger to anyone. (aj) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of a parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of the record, upon the request of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, or upon the request of an unborn child’s guardian ad litem, to the parent, guardian, legal custodian, expectant mother, or unborn child’s guardian ad litem, unless the agency determines that inspection of the record by the parent, guardian, legal custodian, expectant mother, or unborn child’s guardian ad litem would result in imminent danger to anyone. (am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of the child who is the subject of the record or upon the written permission of the child, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian, or child specifically identifies the record in the written permission, unless the agency determines that inspection of the record by the person named in the permission would result in imminent danger to anyone. (ap) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of the record, or of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, and of the unborn child’s guardian ad litem, to the person named in the permission if the parent, guardian, legal custodian, or expectant mother, and unborn child’s guardian ad litem, specifically identify the record in the written permission, unless the agency determines that inspection of the record by the person named in the permission would result in imminent danger to anyone. (b) Paragraph (a) does not apply to the confidential exchange

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of information between an agency and another social welfare agency, a law enforcement agency, a health care provider, as defined in s. 146.81 (1) (a) to (p), a public school, or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 938.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1) (a). A health care provider that obtains information under this paragraph shall keep the information confidential as provided under s. 146.82. A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125. Paragraph (a) does not apply to the confidential exchange of information between an agency and officials of a tribal school regarding an individual in the care or legal custody of the agency if the agency determines that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125. (c) Paragraph (a) does not prohibit the department or a county department from using in the media a picture or description of a child in the guardianship of the department or a county department for the purpose of finding adoptive parents for that child. (d) Paragraph (a) does not prohibit the department of health services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of that department under s. 48.34 (4m), 1993 stats., or formerly under the supervision of that department or county department under s. 48.34 (4n), 1993 stats., to the department of corrections, if the individual is at the time of disclosure any of the following: 1. The subject of a presentence investigation under s. 972.15. 2. Under sentence to the Wisconsin state prisons under s. 973.15. 4. On probation to the department of corrections under s. 973.09. 5. On parole under s. 302.11 or ch. 304 or on extended supervision under s. 302.113 or 302.114. (e) Notwithstanding par. (a), an agency shall, upon request, disclose information to authorized representatives of the department of corrections, the department of health services, the department of justice, or a district attorney for use in the prosecution of any proceeding or any evaluation conducted under ch. 980, if the information involves or relates to an individual who is the subject of the proceeding or evaluation. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this paragraph. Any representative of the department of corrections, the department of health services, the department of justice, or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under ch. 980. (g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of safety and professional services or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under ch. 448, 455 or 457. Unless authorized by an order of the court, the depart-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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ment of safety and professional services and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained. (h) Paragraph (a) does not prohibit the department, a county department, or a licensed child welfare agency from entering the content of any record kept or information received by the department, county department, or licensed child welfare agency into the statewide automated child welfare information system established under s. 48.47 (7g) or the department from transferring any information maintained in that system to the court under s. 48.396 (3) (bm). If the department transfers that information to the court, the court and the director of state courts may allow access to that information as provided in s. 48.396 (3) (c) 2. (i) Paragraph (a) does not prohibit an agency from disclosing information to a relative of a child placed outside of his or her home only to the extent necessary to facilitate the establishment of a relationship between the child and the relative or a placement of the child with the relative or from disclosing information under s. 48.21 (5) (e), 48.355 (2) (cm), or 48.357 (2v) (d). In this paragraph, “relative” includes a relative whose relationship is derived through a parent of the child whose parental rights are terminated. (j) Paragraph (a) does not prohibit an agency from disclosing information to any public or private agency in this state or any other state that is investigating a person for purposes of licensing the person to operate a foster home or placing a child for adoption in the home of the person. (k) Paragraph (a) does not prohibit the department of children and families from providing to the department of revenue, upon request, information concerning a recipient of payments under s. 48.57 (3m) or (3n) or aid under s. 48.645, including information contained in the electronic records of the department of children and families, solely for the purposes of administering state taxes, including verifying a claim for a state tax refund or a refundable state tax credit, and collecting debts owed to the department of revenue. Any information obtained by the department of revenue under this paragraph is subject to the confidentiality provisions specified in s. 71.78. (L) 1. In this paragraph, “qualified independent researcher” means a faculty member of a university who satisfies all of the following: a. The faculty member has an approved protocol from an institutional review board for human subjects research to work with data containing personal information for the purposes of evaluating the program under s. 119.23. b. The faculty member has received from the state and properly managed data containing personal information for the purposes of evaluating the program under s. 119.23 before July 14, 2015. 2. Notwithstanding par. (a), the department shall permit a qualified independent researcher to have access to any database maintained by the department for the purpose of cross-matching information contained in any such database with a database that both is in the possession of the qualified independent researcher and contains information regarding pupils participating in the program under s. 119.23. The department may charge a fee to the qualified independent researcher for the information that does not exceed the cost incurred by the department to provide the information.

Updated 23-24 Wis. Stats. 156 (2m) RELEASE OF INFORMATION WHEN CHILD IS MISSING. (a) If an agency that has responsibility for the placement, care, or supervision of a child, as determined by the department under par. (d), determines that the child is missing, the agency shall do all of the following: 1. Within 8 hours after making that determination, report that determination to a local law enforcement agency for entry of that information into the national crime information databases, as defined in 28 USC 534 (f) (3) (A). 2. Within 24 hours after making that determination, report that determination to the National Center for Missing and Exploited Children. 3. Share information about a missing child reported under subds. 1. and 2. with law enforcement agencies, the National Center for Missing and Exploited Children, and other agencies that are involved in efforts to locate the missing child. (b) An agency that has responsibility for the placement, care, or supervision of a child may photograph the child and maintain the photograph in the statewide automated child welfare information system. A report under par. (a) 1. or 2. shall be accompanied by a recent photograph of the missing child, if available. (c) If permitted under s. 48.47 (7g), an agency may use the statewide automated child welfare information system to provide electronic information to the National Center for Missing and Exploited Children under par. (a) 2. or 3. (d) The department shall provide guidance to agencies as to the scope of the children to whom this subsection applies. Notwithstanding s. 227.10 (1), that guidance need not be promulgated as rules. (e) The department of children and families and the department of health services may promulgate rules to implement this subsection. History: 1979 c. 34; 1981 c. 359; 1983 a. 471 s. 7; 1985 a. 29 s. 3202 (23); 1985 a. 176, 292, 332; 1987 a. 332; 1989 a. 31, 107, 336; 1991 a. 17, 39; 1993 a. 16, 92, 95, 218, 227, 377, 385, 395, 479, 491; 1995 a. 27 ss. 2610 to 2614p, 9126 (19); 1995 a. 77, 230, 352; 1997 a. 205, 207, 283, 292; 2001 a. 38, 69, 104, 109; 2005 a. 25, 293, 344, 406, 434; 2007 a. 20 ss. 1364, 9121 (6) (a); 2009 a. 79, 185, 302, 338; 2011 a. 32, 260, 270; 2013 a. 20, 170, 334; 2015 a. 55, 368; 2017 a. 257; 2025 a. 148. The juvenile court must make a threshold relevancy determination by an in camera review when confronted with: 1) a discovery request under s. 48.293 (2); 2) an inspection request of juvenile records under ss. 48.396 (2) and 938.396 (2); or 3) an inspection request of agency records under sub. (2) (a) and s. 938.78 (2) (a). The test for permissible discovery is whether the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Courtney F. v. Ramiro M.C., 2004 WI App 36, 269 Wis. 2d 709, 676 N.W.2d 545, 03-3018.

SUBCHAPTER XVIII COMMUNITY SERVICES 48.79 Powers of the department. The department has authority and power: (4) To assist communities in setting up recreational commissions and to assist them in extending and broadening recreational programs so as to reach all children. (5) To assist in extending the local child care programs so as to reach all homes needing such help. (6) To assist in recruiting and training voluntary leaders for youth-serving organizations. (7) To assist localities in securing needed specialized services such as medical, psychiatric, psychological and social work services when existing agencies are not able to supply them. (8) To assist localities in making surveys of needs and available resources. (9) To assist in appraising the achievement of local programs. (10) To serve in a general consultative capacity, acting as a

May 22, 2026, are designated by NOTES. (Published 5-22-26)

clearing house, developing materials, arranging conferences and participating in public addresses and radio programs. History: 1989 a. 31, 107; 1995 a. 27, 77.

48.80 Municipalities may sponsor activities. (1) Any municipality is hereby authorized and empowered to sponsor the establishment and operation of any committee, agency or council for the purpose of coordinating and supplementing the activities of public and private agencies devoted in whole or in part to the welfare of youth therein. Any municipality may appropriate, raise and expend funds for the purpose of establishing and of providing an executive staff to such committees, agencies or councils; may levy taxes and appropriate money for recreation and welfare projects; and may also receive and expend moneys from the state or federal government or private persons for such purposes. (2) No provision of this section shall be construed as vesting in any youth committee, council or agency any power, duty or function enjoined by law upon any municipal officer, board or department or as vesting in such committee, council or agency any supervisory or other authority over such officer, board or department. (3) In this section municipality means a county, city, village or town. SUBCHAPTER XIX ADOPTION OF MINORS; GUARDIANSHIP 48.81 Who may be adopted. Any child who is present in this state at the time the petition for adoption is filed may be adopted if any of the following criteria are met: (1) Both of the child’s parents are deceased. (2) The parental rights of both of the child’s parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction. (3) The parental rights of one of the child’s parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction and the child’s other parent is deceased. (4) The person filing the petition for adoption is the spouse of the child’s parent with whom the child and the child’s parent reside and either of the following applies: (a) The child’s other parent is deceased. (b) The parental rights of the child’s other parent with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction. (5) Section 48.839 (3) (b) applies. (6) The child is being adopted under s. 48.97 (3). History: 1987 a. 383; 1989 a. 161; 1997 a. 104; 2015 a. 380. NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes. Under this section, the nonmarital partner of a child’s biological parent is not eligible to adopt the child because the nonmarital partner is not the biological parent’s spouse. That legislative limit on eligibility to adopt a child does not violate the equal protection clause of the 14th amendment to the U.S. Constitution. A.M.B. v. Circuit Court, 2024 WI 18, 411 Wis. 2d 389, 5 N.W.3d 238, 22-1334.

48.82 Who may adopt. (1) The following persons are eligible to adopt a minor if they are residents of this state: (a) A husband and wife jointly, or either the husband or wife if the other spouse is a parent of the minor. (b) An unmarried adult. (3) When practicable and if requested by the birth parent, the adoptive parents shall be of the same religious faith as the birth parents of the person to be adopted.

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(4) No person may be denied the benefits of this subchapter because of a religious belief in the use of spiritual means through prayer for healing. (5) Although otherwise qualified, no person shall be denied the benefits of this section because the person is deaf, blind or has other physical handicaps. (6) No otherwise qualified person may be denied the benefits of this subchapter because of his or her race, color, ancestry or national origin. History: 1981 c. 359 s. 16; 1983 a. 350; 1989 a. 161; 1991 a. 316. Standing to object to adoption proceedings turns on the right to petition for adoption; grandparents excluded from petitioning under s. 48.90 (1) (a) had no standing to object to the adoption of their grandchildren. L.P. v. B.G., 177 Wis. 2d 424, 501 N.W.2d 908 (Ct. App. 1993).

48.825 Advertising related to adoption. (1) In this section: (a) “Advertise” means to communicate by any public medium that originates within this state, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, or television, or by any computerized communication system, including by electronic mail, Internet site, Internet account, or any similar medium of communication provided via the Internet. (b) “Another jurisdiction” means a state of the United States other than Wisconsin, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or an Indian tribe. (c) “Internet account” means an account created within a bounded system established by an Internet-based service that requires a user to input or store access information in an electronic device in order to view, create, use, or edit the user’s account information, profile, display, communications, or stored data. (2) Except as provided in sub. (3), no person may do any of the following: (a) Advertise for the purpose of finding a child to adopt or to otherwise take into permanent physical custody. (b) Advertise that the person will find an adoptive home or any other permanent physical placement for a child or arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child. (c) Advertise that the person will place a child for adoption or in any other permanent physical placement. (3) This section does not apply to any of the following: (a) The department, a county department, or a child welfare agency licensed under s. 48.60 to place children for adoption, in licensed foster homes or group homes, or in the homes of guardians under s. 48.977 (2). (b) An individual or agency providing adoption information under s. 48.55. (c) A foster care and adoption resource center funded by this state or a postadoption resource center funded by this state. (d) An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this state from the department, a county department or a child welfare agency licensed under s. 48.60 or in another jurisdiction from an entity authorized by that jurisdiction to conduct studies of potential adoptive homes. (3m) No person may publish by a public medium an advertisement that violates this section. If the owner, agent, or employee of the public medium receives a copy of the license of the person or agency requesting the advertisement that indicates that the person or agency is licensed to provide adoption services in this state, there is a rebuttable presumption that the advertisement does not violate this section. (4) Nothing in this section prohibits an attorney licensed to

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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practice in this state from advertising his or her availability to practice or provide services relating to the adoption of children. (5) Any person who violates sub. (2) or (3m) may be fined not more than $10,000 or imprisoned not more than 9 months or both. History: 1997 a. 104; 1999 a. 9; 2005 a. 293; 2009 a. 94; 2013 a. 314. NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.

48.83 Jurisdiction and venue. (1) Except as provided in s. 48.028 (3) (b), the court of the county where the proposed adoptive parent or child resides or the court of the county where a petition for termination of parental rights to the child was filed or granted under subch. VIII, upon the filing with that court of a petition for adoption or for the adoptive placement of a child, has jurisdiction over the child until the petition is withdrawn, denied, or granted. Venue in a proceeding for adoption or adoptive placement of a child shall be in the county where the proposed adoptive parent or child resides at the time the petition is filed or in the county where a petition for termination of parental rights to the child was filed or granted under subch. VIII. The court may transfer the case to a court in the county in which the proposed adoptive parents reside. (2) If the adoption is denied, jurisdiction over the child shall immediately revert to the court which appointed the guardian, unless the appointing court is a court of another state or foreign jurisdiction, in which case the court of the county where the child is shall have jurisdiction. History: 1975 c. 39; 1977 c. 449 s. 497; 1981 c. 81, 391; 1989 a. 161; 2009 a. 94; 2015 a. 378.

48.831 Appointment of guardian for child without a living parent for adoptability finding. (1) TYPE OF GUARDIANSHIP. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, s. 48.9795 applies to the appointment of a guardian for a child who does not have a living parent for all other purposes. An appointment of a guardian of the estate of a child who does not have a living parent shall be conducted in accordance with the procedures specified in ch. 54. (1m) PETITION. Any of the following may file a petition for appointment of a guardian for a child who is believed to be in need of protection or services because he or she is without a living parent as described under s. 48.13 (1): (a) The department. (b) A county department. (c) A child welfare agency licensed under s. 48.61 (5) to accept guardianship. (d) A relative or family member of the child or a person whom the child has resided with and who has also acted as a parent of the child. (e) A guardian appointed under s. 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., whose resignation as guardian has been accepted by a court under s. 48.9795 (11), s. 54.54 (1), 2017 stats., or s. 880.17 (1), 2003 stats. (1r) NOTICE. When a petition is filed under sub. (1m), the court shall provide notice of the fact-finding hearing under sub. (3) to all interested parties as provided in s. 48.27 (6). If the court knows or has reason to know that the child is an Indian child, the court shall provide notice to the Indian child’s Indian custodian, if any, and tribe, if known, in the manner specified in s. 48.028 (4) (a). No hearing may be held under sub. (3) until at least 10 days after receipt of the notice by the Indian child’s Indian custodian and tribe or, if the identity or location of the Indian child’s Indian custodian or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the inte-

Updated 23-24 Wis. Stats. 158 rior. On request of the Indian child’s Indian custodian or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing. (2) REPORT. If the department, county department, or child welfare agency files a petition, the court shall order the department, county department, or child welfare agency to file a report with the court containing as much of the information specified under s. 48.425 (1) (a) and (am) as is reasonably ascertainable and, if applicable, the information specified under s. 48.425 (1) (g). If the petition is filed by a relative or other person specified under sub. (1m) (d), the court shall order the department or a child welfare agency, if the department or agency consents, or a county department to file a report containing the information specified in this subsection. If the child is an Indian child, the court may order the department, county department, or child welfare agency, or request the tribal child welfare department of the Indian child’s tribe, if that department consents, to file a report containing the information specified in this subsection. The department, county department, child welfare agency, or tribal child welfare department, if that department consents, shall file the report at least 5 days before the date of the fact-finding hearing on the petition. (3) FACT-FINDING HEARING. The court shall hold a fact-finding hearing on the petition, at which any party may present evidence relevant to the issue of whether the child has a living parent. If the court finds that the child has a living parent, the court shall dismiss the petition or grant the petitioner leave to amend the petition to a petition under s. 48.42 (1). (4) DISPOSITIONAL HEARING. (a) If the court, at the conclusion of the fact-finding hearing, finds that the child has no living parent, the court shall proceed to a dispositional hearing. Any party may present evidence, including expert testimony, relevant to the issue of disposition. In determining the appropriate disposition, the court shall consider any factors under s. 48.426 (3) (a) to (d) that are applicable. (b) If the court finds that adoption is in the child’s best interest, the court shall order that the child be placed in the guardianship and custody of one of the following: 1. A county department authorized to accept guardianship under s. 48.57 (1) (e) or (hm). 2. A child welfare agency licensed under s. 48.61 (5) to accept guardianship. 3. The department. (c) If the court finds that adoption is not in the child’s best interest, the court shall order that the child be placed in the guardianship of the department and place the child in the custody of a county department or, in a county having a population of 750,000 or more, the department or an agency under contract with the department. (cm) If the child is an Indian child who is in the custody of an Indian custodian, the court may not remove the child from the custody of the Indian custodian under par. (c) unless the court finds by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that continued custody of the Indian child by the Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1. and the court finds that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. In placing an Indian child following a transfer of guardianship and custody under par. (b) or (c), the custodian appointed under par. (b) or (c) shall comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless there is good cause, as described in s. 48.028 (7) (e), for departing from that order.

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(d) Section 48.43 (5), (5m) and (7) applies to orders under pars. (b) and (c). (e) The court shall order the custodian appointed under par. (b) or (c) to prepare a permanency plan under s. 48.38 for the child within 60 days after the date of the order. A permanency plan ordered under this paragraph is subject to review under s. 48.38 (5). In preparing a permanency plan, the department, county department or child welfare agency need not include any information specified in s. 48.38 (4) that relates to the child’s parents or returning the child to his or her home. In reviewing a permanency plan, a court or panel need not make any determination under s. 48.38 (5) (c) that relates to the child’s parents or returning the child to his or her home. History: 1989 a. 161; 1995 a. 73, 275; 1997 a. 27, 334; 2005 a. 387; 2009 a. 94; 2015 a. 172; 2019 a. 109; 2021 a. 240 s. 30.

48.832 Transfer of guardianship upon revocation of guardian’s license or contract. If the department revokes the license of a county department licensed under s. 48.57 (1) (hm) to accept guardianship, or of a child welfare agency licensed under s. 48.61 (5) to accept guardianship, or if the department terminates the contract of a county department licensed under s. 48.57 (1) (e) to accept guardianship, the department shall file a motion in the court that appointed the guardian for each child in the guardianship of the county department or agency, requesting that the court transfer guardianship and custody of the child. The motion may specify a county department or child welfare agency that has consented to accept guardianship of the child. The court shall transfer guardianship and custody of the child either to the county department or child welfare agency specified in the motion or to another county department under s. 48.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5) which consents to the transfer. If no county department or child welfare agency consents, the court shall transfer guardianship and custody of the child to the department. History: 1989 a. 161; 1997 a. 27.

48.833 Placement of children for adoption by the department, county departments, and child welfare agencies. (1) PLACEMENT BY DEPARTMENT OR COUNTY DEPARTMENT. The department or a county department under s. 48.57 (1) (e) or (hm) may place a child for adoption in a licensed foster home without a court order if the department or county department is the guardian of the child or makes the placement at the request of another agency that is the guardian of the child, if the investigation made under s. 48.75 (3) has been supplemented to evaluate whether the home is suitable for the child, and if the proposed adoptive parents have completed the preadoption preparation required under s. 48.84 (1) or the department or county department determines that the proposed adoptive parents are not required to complete that preparation. The department or a county department under s. 48.57 (1) (e) or (hm) may also place a child for adoption in a licensed foster home without a court order under s. 48.63 (3) (b). When a child is placed under this subsection in a licensed foster home for adoption, the department or county department making the placement shall enter into a written agreement with the proposed adoptive parent, which shall state the date on which the child is placed in the licensed foster home for adoption by the proposed adoptive parent. (2) PLACEMENT BY CHILD WELFARE AGENCY. A child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home without a court order if the child welfare agency is the guardian of the child or makes the placement at the request of another agency that is the guardian of the child, if the investigation made under s. 48.75 (3) has been supplemented to evaluate whether the home is suitable for the child, and if the proposed adoptive parents have completed the preadoption prepara-

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tion required under s. 48.84 (1) or the child welfare agency determines that the proposed adoptive parents are not required to complete that preparation. A child welfare agency licensed under s. 48.60 may also place a child for adoption in a licensed foster home without a court order under s. 48.63 (3) (b). When a child is placed under this subsection in a licensed foster home for adoption, the child welfare agency making the placement shall enter into a written agreement with the proposed adoptive parent, which shall state the date on which the child is placed in the licensed foster home for adoption by the proposed adoptive parent. (3) INDIAN CHILD; PLACEMENT PREFERENCES. In placing an Indian child for adoption under sub. (1) or (2), the department, county department, or child welfare agency shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order. History: 1981 c. 81, 384; 1985 a. 176; 1989 a. 336; 1993 a. 446; 1995 a. 275; 2005 a. 293, 448; 2007 a. 96, 186; 2009 a. 28, 94; 2015 a. 378.

48.834 Placement of children with relatives or siblings for adoption by the department, county departments, and child welfare agencies. (1) PLACEMENT WITH RELATIVES. Before placing a child for adoption under s. 48.833, the department, county department under s. 48.57 (1) (e) or (hm), or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child’s permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department, or child welfare agency. (2) PLACEMENT WITH SIBLINGS. If a child who is being placed for adoption under s. 48.833 has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have been adopted or who have been placed for adoption, the department, county department under s. 48.57 (1) (e) or (hm), or child welfare agency making the placement shall make reasonable efforts to place the child for adoption with an adoptive parent or proposed adoptive parent of such a sibling who is identified in the child’s permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department, or child welfare agency, unless the department, county department, or child welfare agency 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 department, county department, or child welfare agency shall make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the department, county department, or child welfare agency determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. History: 2005 a. 448; 2009 a. 79.

48.835 Placement of children with relatives for adoption. (1) DEFINITION. In this section and s. 48.837, “custody” means physical custody of a child by the child’s parent not in violation of a custody order issued by a court. “Custody” does not include physical custody of a child during a period of physical placement with a parent who does not have legal custody of the child. (2) ADOPTIVE PLACEMENT. A parent having custody of a child may place the child for adoption in the home of a relative of the child without a court order. (3) PETITION FOR TERMINATION OF PARENTAL RIGHTS REQUIRED; EXCEPTION. (a) If the child’s parent has not filed a petition for the termination of parental rights under s. 48.42, the relative with whom the child is placed shall file a petition for the termination of the parents’ rights at the same time the petition for adoption is filed, except as provided under par. (b).

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(b) If the person filing the adoption petition is a stepparent with whom the child and the child’s parent reside, the stepparent shall file only a petition to terminate the parental rights of the parent who does not have custody of the child. (4) HEARINGS. Notwithstanding s. 48.90 (1) (a), the court may hold the hearing on the adoption petition immediately after entering the order to terminate parental rights under s. 48.427 (3). History: 1981 c. 81; 1987 a. 355; 1997 a. 104. Concurrent termination of parental rights/adoption proceedings under this section are subject to the requirement under s. 48.422 that the initial hearing be held within 30 days of filing the petition. B.F. v. G.D.J., 168 Wis. 2d 634, 484 N.W.2d 359 (Ct. App. 1992). Grandparents excluded from petitioning under s. 48.90 (1) (a) had no standing under this section to object to the adoption of their grandchildren. L.P. v. B.G., 177 Wis. 2d 424, 501 N.W.2d 908 (Ct. App. 1993).

48.837 Placement of children with nonrelatives for adoption. (1) IN-STATE ADOPTIVE PLACEMENT. When the proposed adoptive parent or parents of a child reside in this state and are not relatives of the child, a parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement of the child for adoption in the home of the proposed adoptive parent or parents if the home is licensed as a foster home under s. 48.62. (1m) OUT-OF-STATE ADOPTIVE PLACEMENT. Subject to ss. 48.98, 48.988, and 48.99, when the proposed adoptive parent or parents of a child reside outside this state and are not relatives of the child, a parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement of the child for adoption in the home of the proposed adoptive parent or parents, if the home meets the criteria established by the laws of the other state for a preadoptive placement of a child in the home of a nonrelative. (1r) PLACEMENT PRIOR TO PETITION. (a) At the request of a parent having custody of a child and the proposed adoptive parent or parents of the child, the department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place the child in the home of the proposed adoptive parent or parents prior to the filing of a petition under sub. (2) as provided in par. (b) or (c), whichever is applicable, and par. (d). In placing an Indian child for adoption under this paragraph, the department, county department, or child welfare agency shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order. (b) The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child under par. (a) in the home of a proposed adoptive parent or parents who reside in this state if that home is licensed as a foster home under s. 48.62 and the investigation made under s. 48.75 (3) has been supplemented to evaluate whether the home is suitable for the child. (c) The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child under par. (a) in the home of a proposed adoptive parent or parents who reside outside this state if the placement is made in compliance with s. 48.98, 48.988, or 48.99, whichever is applicable, if the home meets the criteria established by the laws of the state where the proposed adoptive parent or parents reside for a preadoptive placement of a child in the home of a nonrelative, and if an appropriate agency in that state has completed an investigation of the home and filed a report and recommendation concerning the home with the department, county department, or licensed child welfare agency. (d) Before a child may be placed under par. (a), the department, county department, or child welfare agency making the

Updated 23-24 Wis. Stats. 160 placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the birth parent of the child or any alleged or presumed father of the child, shall be financially responsible for those costs. (e) Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any alleged or presumed father of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child. (2) PETITION FOR PLACEMENT. The petition for adoptive placement shall be verified and shall allege all of the following: (a) The name, address and age of the child or the expected birth date of the child. (b) The name, address and age of the birth parents and the proposed adoptive parents. (c) The identity of any person or agency which solicited, negotiated or arranged the placement of the child with the proposed adoptive parents. (d) That the proposed adoptive parents have completed the preadoption preparation required under s. 48.84 (1) or are not required to complete that preparation. (e) If the child is an Indian child, the names and addresses of the Indian child’s Indian custodian, if any, and tribe, if known. (3) PETITION FOR TERMINATION OF PARENTAL RIGHTS REQUIRED. The petition under sub. (2) shall be filed with a petition under s. 48.42 for the voluntary consent to the termination of any existing rights of the petitioning parent or parents. (4) RESPONSIBILITIES OF COURT. On the filing of the petitions under this section the court: (a) Shall hold a hearing within 30 days after the date of filing of the petitions, except that the hearing may not be held before the birth of the child. (b) Shall appoint counsel or guardians ad litem when required under s. 48.23. (c) Shall, when the petition has been filed under sub. (1), order the department or a county department under s. 48.57 (1) (e) or (hm) to investigate the proposed adoptive placement, to interview each petitioner, to provide counseling if requested, and to report its recommendation to the court at least 5 days before the hearing on the petition. If a licensed child welfare agency or, in the case of an Indian child, the tribal child welfare department of the Indian child’s tribe has investigated the proposed adoptive placement and interviewed the petitioners, the court may accept a report and recommendation from the child welfare agency or tribal child welfare department in place of the court-ordered report required under this paragraph. In reporting its recommendations under this paragraph with respect to an Indian child, the department, a county department, or a child welfare agency shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order. (cm) Shall, when the petition has been filed under sub. (1m), request the appropriate agency in the state where the proposed adoptive parent or parents reside to follow the procedure established by the laws of that state to ensure that the proposed adop-

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tive home meets the criteria for a preadoptive placement of the child in the home of a nonrelative. (d) May, in the case of a child who has not been placed under sub. (1r), order the department or a county department under s. 48.57 (1) (e) or (hm), at the request of a petitioning parent or on its own motion after ordering the child taken into custody under s. 48.19 (1) (c), to place the child, pending the hearing on the petition, in any home in this state that is licensed under s. 48.62 or in any home outside this state if the conditions under sub. (1r) (c) are met. In placing an Indian child for adoption under this paragraph, the department or county department shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order. (dm) May, in the case of a child who has been placed under sub. (1r), order the child to be maintained in the placement pending the hearing on the petition or order the department or a county department under s. 48.57 (1) (e) or (hm), at the request of a petitioning parent or on its own motion after ordering the child taken into custody under s. 48.19 (1) (c), to place the child, pending the hearing on the petition, in any home licensed under s. 48.62 except the home of the proposed adoptive parents or a relative of the proposed adoptive parents. (e) Shall, before hearing the petitions under subs. (2) and (3), ascertain whether the paternity of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 has been conclusively determined from genetic test results under s. 767.804, acknowledged under s. 767.805 or a substantially similar law of another state, or adjudicated in this state or another jurisdiction. If the child’s paternity has not been conclusively determined from genetic test results, acknowledged, or adjudicated, the court shall attempt to ascertain the paternity of the child and shall determine the rights of any person who may be the father of the child as provided under s. 48.423. The court may not proceed with the hearing on the petitions under this section unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated. (5) ATTENDANCE AT HEARING. The child, if he or she is 12 years of age or over, and each petitioner shall attend the hearing on the petition under sub. (2). The child, if he or she is 12 years of age or over, and each parent having custody of the child shall attend the hearing on the petition under sub. (3). If the parent who has custody of the child consents and the court approves, the proposed adoptive parents may be present at the hearing on the petition under sub. (3). The court may, for good cause, waive the requirement that the child attend either of the hearings. (6) ORDER OF HEARINGS. (a) The court shall hold the hearing on the petition under sub. (2) before the hearing on the petition required under sub. (3). (b) At the beginning of the hearing held under sub. (2), the court shall review the report that is submitted under s. 48.913 (6). The court shall determine whether any payments or the conditions specified in any agreement to make payments are coercive to the birth parent of the child or to an alleged or presumed father of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the birth parent of the child, an alleged or presumed father of the child or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which are impermissible under s. 48.913 (4) have been made, the court may

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dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1). (br) At the hearing on the petition under sub. (2), the court shall determine whether any person has coerced a birth parent or any alleged or presumed father of the child in violation of sub. (1r) (e). Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3). (c) After the hearing on the petition under sub. (2), the court shall make findings on the allegations of the petition and the report ordered under sub. (4) (c) and make a conclusion as to whether placement in the home is in the best interest of the child. In determining whether placement of an Indian child in the home is in the best interest of the Indian child, the court shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. (d) If the proposed placement is approved, the court shall proceed immediately to a hearing on the petition required under sub. (3). If the parental rights of the parent are terminated, the court shall appoint as guardian of the child the department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed to accept guardianship under s. 48.61 (5). If the child has not been placed with the proposed adoptive parent or parents under sub. (1r) or (4) (d), the court shall order the child to be placed with the proposed adoptive parent or parents. If the child has been placed with the proposed adoptive parent or parents under sub. (1r) or (4) (d), the court shall order the child to be maintained in that placement. (7) INVESTIGATION AND CARE COSTS. The proposed adoptive parents shall pay the cost of any investigation ordered under sub. (4) (c), according to a fee schedule established by the department based on ability to pay, and shall also, if the adoption is completed, pay the cost of any care provided for the child under sub. (4) (d) or (dm). (8) ATTORNEY REPRESENTATION. The same attorney may not represent the adoptive parents and the birth mother or birth father. History: 1981 c. 81; 1985 a. 176; 1989 a. 161; 1993 a. 446; 1997 a. 27, 104, 191; 2005 a. 293; 2005 a. 443 s. 265; 2007 a. 96, 186; 2009 a. 28, 94, 339; 2015 a. 378; 2019 a. 95. NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes. Grandparents are not parties under this section. However, grandparent testimony may be necessary to determine the child’s best interest. David S. v. Laura S., 179 Wis. 2d 114, 507 N.W.2d 94 (1993). Adoption and Termination Proceedings in Wisconsin: A Reply Proposing Limiting Judicial Discretion. Cooper & Nelson. 66 MLR 641 (1983).

48.838 Foreign adoption fees. (1) In this section, “foreign adoption” means the adoption of a child, who is a citizen of a foreign country, in accordance with any of the types of adoption procedures specified under this subchapter. (2) The department may charge a fee of not more than $75 to the adoptive parents for reviewing foreign adoption documents and for providing necessary certifications and approvals required by state and federal law. (3) The department may also charge a fee of not more than $75 to the adoptive parents for the review and certification of adoption documents, for adoptions that occur in a foreign country. History: 1989 a. 31; 2015 a. 380.

48.839 Adoption of foreign children. (1) BOND REQUIRED. (a) Any resident of this state who has been appointed by a court of a foreign jurisdiction as guardian of a child who is a citizen of that jurisdiction, before bringing the child into this state for the purpose of adopting the child, shall file with the department a $1,000 noncancelable bond in favor of this state, fur-

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48.839

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nished by a surety company licensed to do business in this state. The condition of the bond shall be that the child will not become dependent on public funds for his or her primary support before he or she is adopted. (b) By filing the bond required under par. (a), the child’s guardian and the surety submit to the jurisdiction of the court in the county in which the guardian resides for purposes of liability on the bond, and appoint the clerk of the court as their agent upon whom any papers affecting their bond liability may be served. Their liability on the bond may be enforced without the commencement of an independent action. (c) If upon affidavit of the department it appears to the court that the condition of the bond has been violated, the court shall order the guardian and the surety to show cause why judgment on the bond should not be entered for the department. If neither the guardian nor the surety appear for the hearing on the order to show cause, or if the court concludes after the hearing that the condition of the bond has been violated, the court shall enter judgment on the bond for the department against the guardian and the surety. (d) If custody of the child is transferred under sub. (4) (b) to a county department or child welfare agency before the child is adopted, the department shall periodically bill the guardian and the surety under s. 49.32 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond against the guardian and surety. (e) This section does not preclude the department or any other agency given custody of a child under sub. (4) (b) from collecting under s. 49.32 (1) (b) or 49.345 from the former guardian for costs in excess of the amount recovered under the bond incurred in enforcing the bond and providing care and maintenance for the child until he or she reaches age 18 or is adopted. (f) The department may waive the bond requirement under this subsection. (2) EVIDENCE OF AVAILABILITY FOR ADOPTION REQUIRED. (a) Any resident of this state who has been appointed by a court of a foreign jurisdiction as guardian of a child who is a citizen of that jurisdiction and who intends to bring the child into this state for the purpose of adopting the child shall file with the department a certified copy of the judgment or order of a court of the foreign jurisdiction or other instrument having the effect under the laws of the foreign jurisdiction of freeing the child for adoption. If the instrument is not a judgment or order of a court, the guardian shall also file with the department a copy of the law under which the instrument was issued, unless the department waives this requirement. The guardian shall also file English translations of the court judgment or order or other instrument and of the law. The department shall return the originals to the guardian and keep on file a copy of each document. (b) If the guardian files a judgment or order of a court under par. (a), the department shall review the judgment or order. If the department determines that the judgment or order has the effect of freeing the child for adoption, if the department has been furnished with a copy of a home study that was conducted as provided in s. 48.88 (2) recommending the guardian as an adoptive parent, if a licensed child welfare agency has been identified to provide the services required under sub. (5), if the guardian has filed the bond required under sub. (1), and if the guardian has completed the preadoption preparation required under s. 48.84 (1) or the department has determined that the guardian is not required to complete that preparation, the department shall certify to the U.S. citizenship and immigration services that all preadop-

Updated 23-24 Wis. Stats. 162 tive requirements of this state that can be met before the child’s arrival in the United States have been met. (c) If the guardian files an instrument other than a judgment or order of a court under par. (a), the department shall review the instrument. If the department determines that the instrument has the effect under the laws of the foreign jurisdiction of freeing the child for adoption, if the department has been furnished with a copy of a home study recommending the adoptive parents, if a licensed child welfare agency has been identified to provide the services required under sub. (5), if the guardian has filed the bond required under sub. (1), and if the guardian has completed the preadoption preparation required under s. 48.84 (1) or the department has determined that the guardian is not required to complete that preparation, the department shall certify to the U.S. citizenship and immigration services that all preadoptive requirements of this state that can be met prior to the child’s arrival in the United States have been met. (3) PETITION FOR ADOPTION OR TERMINATION OF PARENTAL RIGHTS REQUIRED. (a) Within 60 days after the arrival of a child brought into this state from a foreign jurisdiction for the purpose of adoption, the individual who is the child’s guardian shall file a petition to adopt the child, a petition to terminate parental rights to the child, or both. If only a petition to terminate parental rights to the child is filed under this paragraph, the individual guardian shall file a petition for adoption within 60 days of the order terminating parental rights. The individual guardian shall file with the court the documents filed with the department under sub. (2) (a). (b) Except as provided in par. (a) and sub. (4) (a), the termination of a parent’s parental rights to a child who is a citizen of a foreign jurisdiction is not required prior to the child’s adoption by his or her guardian. (c) If a petition for adoption is filed under par. (a), the individual guardian filing the petition shall file a copy of the petition with the department at the time the petition is filed with the court. If the individual guardian filed an instrument other than a court order or judgment under sub. (2) (a), the department may make a recommendation to the court as to whether the instrument filed has the effect under the laws of the foreign jurisdiction of freeing the child for adoption. (d) If a petition for adoption is filed under par. (a) and the individual guardian filing the petition filed an instrument other than a court order or judgment under sub. (2) (a), the court shall determine whether the instrument filed has the effect under the laws of the foreign jurisdiction of freeing the child for adoption. The court shall presume that the instrument has that effect unless there are substantial irregularities on the face of the document or unless the department shows good cause for believing that the instrument does not have that effect. If the court determines that the instrument does not have the effect of freeing the child for adoption, the court shall order the petitioner to file a petition to terminate parental rights under s. 48.42 within 10 days. (e) If a petition for adoption is filed under par. (a) and the individual guardian filing the petition filed a court order or judgment under sub. (2) (a), the court order or judgment shall be legally sufficient evidence that the child is free for adoption. (4) TRANSFER OF GUARDIANSHIP; FORFEITURE OF BOND. If a guardian does not file a petition as required under sub. (3) (a) or (d), or if the petition for adoption under sub. (3) is withdrawn or denied, the court: (a) Shall transfer guardianship of the child to the department, to a county department under s. 48.57 (1) (e) or (hm) or to a child welfare agency under s. 48.61 (5) and order the guardian to file a petition for termination of parental rights under s. 48.42 within 10 days. (b) Shall transfer legal custody of the child to the department,

May 22, 2026, are designated by NOTES. (Published 5-22-26)

in a county having a population of 750,000 or more, to a county department or to a child welfare agency licensed under s. 48.60. (c) Shall order the guardian who filed the bond under sub. (1) (a) to show cause why the bond should not be forfeited. (d) May order that physical custody of the child remain with a suitable individual with whom the child has been living. (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. History: 1981 c. 81; 1985 a. 176; 1997 a. 27; 2005 a. 293; 2007 a. 20; 2015 a. 172, 380.

48.84 Preadoption preparation for proposed adoptive parents. (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. (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. (2g) A proposed adoptive parent shall obtain at least 25 hours of the preadoption preparation required under sub. (1), including all of the following: (a) At least 6 hours of training that is provided in person or through a live videoconference session, either individually or in a group. (b) At least 6 hours of training that is appropriate to the specific needs of the child to be adopted. (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. (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

CHILDREN’S CODE

48.88

offered under sub. (2r) for a proposed adoptive parent with whom a child is placed under s. 48.833 (1). History: 2005 a. 293; 2007 a. 20, 186; 2015 a. 379; 2023 a. 118. Cross-reference: See also s. DCF 51.10, Wis. adm. code.

48.841 Persons required to file recommendation as to adoption. (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. (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. 48.85 Recommendation of guardian. (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). (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. (3) At the conclusion of the hearing, the court shall enter its order in accordance with s. 48.91 (3). History: 1973 c. 263; 2009 a. 94.

48.871 Filing 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. 48.88 Notice of hearing; investigation. (1) In this section, unless otherwise qualified, “agency” means any public or private entity except an individual. (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. (2) (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: 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. 2. If no agency has guardianship of the child and a relative other than a stepparent has filed the petition for adoption, the department, a county department under s. 48.57 (1) (e) or (hm) or a licensed child welfare agency.

May 22, 2026, are designated by NOTES. (Published 5-22-26)

48.88

CHILDREN’S CODE

4. If the child is a citizen of a foreign jurisdiction and is under the guardianship of an individual, the agency which conducted the home study required under federal law prior to the child’s entry into the United States. (ag) If the child is an Indian child, the court may request the tribal child welfare department of the Indian child’s tribe to conduct the investigation. If the tribal child welfare department agrees to conduct the investigation, that investigation may be accepted in lieu of the investigation under par. (a). (aj) 1. In determining whether the petitioner’s home is suitable for the child, the agency or tribal child welfare department making the investigation shall consider whether the petitioner is fit and qualified to care for the child, exercises sound judgment, does not abuse alcohol or drugs, and displays the capacity to successfully nurture the child. 2. The investigation shall be conducted using an assessment system that is approved by the department. The assessment system shall provide a reliable, comprehensive, and standardized qualitative evaluation of a petitioner’s personal characteristics, civil and criminal history, age, health, financial stability, and ability to responsibly meet all requirements of the department. 3. If the agency or tribal child welfare department making the investigation has special concern as to the welfare of the child or the suitability of the placement, the investigation may include a clinical assessment of the petitioner’s mental health or alcohol or other drug use by an employee of the agency or tribal child welfare department who is not employed in the unit of the agency or tribal child welfare department that is making the investigation or by a person who is not employed by that agency or tribal child welfare department. A person who provides such an assessment shall be a licensed psychologist, licensed psychiatrist, certified advanced practice social worker, certified independent social worker, licensed clinical social worker, or licensed professional counselor. (am) 1. If the petitioner was required to obtain an initial license to operate a foster home before placement of the child for adoption or relicensure after a break in licensure, the agency making the investigation shall obtain a criminal history search from the records maintained by the department of justice and request under 42 USC 16962 (b) a fingerprint-based check of the national crime information databases, as defined in 28 USC 534 (f) (3) (A), with respect to the petitioner. The agency may release any information obtained under this subdivision only as permitted under 42 USC 16962 (e). In the case of a child on whose behalf adoption assistance payments will be provided under s. 48.975, if the petitioner has been convicted of any of the offenses specified in s. 48.685 (5) (bm) 1. to 4., the agency may not report that the petitioner’s home is suitable for the child. 2. If the petitioner was required to obtain a license to operate a foster home before placement of the child for adoption, the agency making the investigation shall obtain information maintained by the department regarding any substantiated reports of child abuse or neglect against the petitioner and any other adult residing in the petitioner’s home. If the petitioner or other adult residing in the petitioner’s home is not, or at any time within the 5 years preceding the date of the search has not been, a resident of this state, the agency shall check any child abuse or neglect registry maintained by any state or other U.S. jurisdiction in which the petitioner or other adult is a resident or was a resident within those 5 years for information that is equivalent to the information maintained by the department regarding substantiated reports of child abuse or neglect. The agency may not use any information obtained under this subdivision for any purpose other than a background search under this subdivision. (b) The agency or tribal child welfare department making the

Updated 23-24 Wis. Stats. 164 investigation shall file its report with the court at least 10 days before the hearing unless the time is reduced for good cause shown by the petitioner. In reporting on an investigation of the proposed adoptive home of an Indian child, the agency shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order. The report shall be part of the record of the proceedings. (c) If a stepparent has filed a petition for adoption and no agency has guardianship of the child, the court shall order the department, in a county having a population of 750,000 or more, or a county department or, with the consent of the department in a county having a population of less than 750,000 or a licensed child welfare agency, order the department or the child welfare agency to conduct a screening, consisting of no more than one interview with the petitioner and a check of the petitioner’s background through public records, including records maintained by the department or any county department under s. 48.981. The department, county department or child welfare agency that conducts the screening shall file a report of the screening with the court within 30 days. After reviewing the report, the court may proceed to act on the petition, may order the department in a county having a population of 750,000 or more or the county department to conduct an investigation as described under par. (a) (intro.) or may order the department in a county having a population of less than 750,000 or a licensed child welfare agency to make the investigation if the department or child welfare agency consents. (d) An investigation is not required under this subsection if all of the following apply: 1. The petitioner is licensed to operate a foster home and the license is in effect at the time the adoption petition is filed. 2. The petitioner has never had a license to operate a foster home revoked or suspended. 3. An investigation as to the suitability of the petitioner’s home was conducted as provided in par. (aj) for the purpose of licensing the petitioner’s home for foster care and the investigation has been supplemented to evaluate whether the petitioner’s home is suitable for the child who is the subject of the adoption. (3) If the report of the investigation is unfavorable or if it discloses a situation which, in the opinion of the court, raises a serious question as to the suitability of the proposed adoption, the court may appoint a guardian ad litem for the minor whose adoption is proposed. The guardian ad litem may have witnesses subpoenaed and present proof at the hearing. History: 1975 c. 39, 199, 307; 1977 c. 271; 1981 c. 81, 384; 1983 a. 190; 1985 a. 176; 1997 a. 27; 2007 a. 20; 2009 a. 28, 94; 2015 a. 172, 378.

48.89 Recommendation of the department. (1) The recommendation of the department is required for the adoption of a child if the child is not under the guardianship of a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5). In making a recommendation under this subsection with respect to an Indian child, the department shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department finds good cause, as described in s. 48.028 (7) (e), for departing from that order. (2) The department shall make its recommendation to the court at least 10 days before the hearing unless the time is extended by the court. The recommendation shall be part of the record of the proceedings. (3) The recommendation of the department shall not be required if the recommendation of the department, a licensed child welfare agency or a county department under s. 48.57 (1) (e) or (hm) is required by s. 48.841, if a report of an investigation by the

May 22, 2026, are designated by NOTES. (Published 5-22-26)

department, a county department under s. 48.57 (1) (e) or (hm) or a licensed child welfare agency is required by s. 48.88 (2) (a) 2. or if one of the petitioners is a relative of the child. History: 1973 c. 263; 1977 c. 271; 1981 c. 81; 1983 a. 447; 1985 a. 176; 1995 a. 443; 2009 a. 94.

48.90 Filing of adoption petition; preadoption residence. (1) A petition for adoption may be filed at any time if: (a) One of the petitioners is a relative of the child by blood or by adoption, excluding parents whose parental rights have been terminated and persons whose relationship to the child is derived through such parents. (b) The petitioner is the child’s stepparent. (c) The petition is accompanied by a written approval of the guardian. (d) The petitioner is the proposed adoptive parent with whom the child has been placed under s. 48.839. (2) Except as provided under sub. (1), no petition for adoption may be filed unless the child has been in the home of the petitioners for 6 months or more. (3) No petition for adoption may be filed unless the petitioners have complied with all applicable provisions of this chapter relating to adoptive placements. History: 1973 c. 263; 1977 c. 354; 1977 c. 418 s. 929 (18); 1981 c. 81; 1997 a. 104. Once administrative proceedings to remove a child from an in-home placement have commenced under s. 48.64 and the person with whom the child had been placed is seeking a review of the removal order, a children’s court has no jurisdiction over an adoption petition filed by the person after issuance of the removal order. Styczynski v. DHSS, 65 Wis. 2d 190, 222 N.W.2d 139 (1974). Standing to object to adoption proceedings turns on the right to petition for adoption; grandparents excluded from petitioning under sub. (1) (a) had no standing to object to the adoption of their grandchildren. L.P. v. B.G., 177 Wis. 2d 424, 501 N.W.2d 908 (Ct. App. 1993). A pre-adoptive parent’s relationship with a child under Wisconsin law does not constitute a protectable liberty interest for purposes of 14th amendment due process. Cox v. Medical College of Wisconsin Inc., 651 F. Supp. 3d 965 (2023).

48.91 Hearing; order. (1) The hearing may be in chambers unless an interested person objects. The petitioner and the minor to be adopted, if 14 or older, shall attend unless the court orders otherwise. (2) In an adoption proceeding for a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, the court shall establish whether the child’s paternity has been conclusively determined from genetic test results under s. 767.804, acknowledged under s. 767.805 or a substantially similar law of another state, or adjudicated in this state or in another jurisdiction. If the child’s paternity has not been conclusively determined from genetic test results, acknowledged, or adjudicated, the court shall attempt to ascertain the paternity of the child and shall determine the rights of any person who may be the father of the child as provided under s. 48.423. The court may not proceed with the hearing on the petition for adoption unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated. (3) If after the hearing and a study of the report required by s. 48.88 and the recommendation required by s. 48.841 or 48.89, the court is satisfied that the necessary consents or recommendations have been filed and that the adoption is in the best interests of the child, the court shall make an order granting the adoption. In determining whether the adoption is in the best interests of an Indian child, the court shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. The order may change the name of the minor to that requested by petitioners. History: 1973 c. 263; 1979 c. 330; 1981 c. 81; 1983 a. 447; 1987 a. 383; 1995 a. 443; 1997 a. 191; 2005 a. 293; 2005 a. 443 s. 265; 2009 a. 94; 2019 a. 95. Discussing the meaning of “best interests of the child.” Shehow v. Plier, 60 Wis. 2d 540, 210 N.W.2d 865 (1973).

CHILDREN’S CODE

48.913

48.913 Payments by adoptive or proposed adoptive parents to a birth parent or child or on behalf of a birth parent or child. (1) PAYMENTS ALLOWED. The proposed adoptive parents of a child, or a person acting on behalf of the proposed adoptive parents, may pay the actual cost of any of the following: (a) Preadoptive counseling for a birth parent of the child or an alleged or presumed father of the child. (b) Post-adoptive counseling for a birth parent of the child or an alleged or presumed father of the child. (c) Maternity clothes for the child’s birth mother, in an amount not to exceed $300. (d) Local transportation expenses of a birth parent of the child that are related to the pregnancy or adoption. (e) Services provided by a licensed child welfare agency in connection with the adoption. (f) Medical and hospital care received by the child’s birth mother in connection with the pregnancy or birth of the child. Medical and hospital care does not include lost wages or living expenses. (g) Medical and hospital care received by the child. (h) Legal and other services received by a birth parent of the child, an alleged or presumed father of the child or the child in connection with the adoption. (i) Living expenses of the child’s birth mother, in an amount not to exceed $5,000, if payment of the expenses by the proposed adoptive parents or a person acting on their behalf is necessary to protect the health and welfare of the birth mother or the fetus. (j) Any investigation ordered under s. 48.837 (4) (c), according to a fee schedule established by the department based on ability to pay. (k) If the adoption is completed, the cost of any care provided for the child under s. 48.837 (4) (d) or (dm). (L) Birthing classes. (m) A gift to the child’s birth mother from the proposed adoptive parents, of no greater than $100 in value. (2) PAYMENT OF EXPENSES WHEN BIRTH PARENT IS RESIDING IN ANOTHER STATE. Notwithstanding sub. (1), the proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents of a child may pay for an expense of a birth parent of the child or an alleged or presumed father of the child if the birth parent or the alleged or presumed father was residing in another state when the payment was made and when the expense was incurred and if all of the following apply: (a) The child was placed for adoption in this state in accordance with s. 48.988 or 48.99. (b) The state in which the birth parent or the alleged or presumed father was residing when the payment was made permits the payment of that expense by the proposed adoptive parents of the child. (c) A listing of all payments made under this subsection, a copy of the statutory provisions of the state in which the birth parent or the alleged or presumed father was residing when the payments were made that permit those payments to be made by the proposed adoptive parents of the child and a copy of all orders entered in the state in which the birth parent or the alleged or presumed father was residing when the payments were made that relate to the payment of expenses of the birth parent or the alleged or presumed father by the proposed adoptive parents of the child is submitted to the court as follows: 1. With the report under sub. (6), if the parental rights of either birth parent of the child are terminated in this state. 2. With a petition under s. 48.837 (2), if the parental rights of

May 22, 2026, are designated by NOTES. (Published 5-22-26)

48.913

CHILDREN’S CODE

both birth parents of the child are terminated in another state and the child is placed for adoption under s. 48.837 (2). 3. With a petition under s. 48.90, if the parental rights of both parents of the child are terminated in another state and the child is placed for adoption under s. 48.833. (3) METHOD OF PAYMENT. Any payment under sub. (1) or (2) shall be made directly to the provider of a good or service except that a payment under sub. (1) or (2) may be made to a birth parent of the child or to an alleged or presumed father of the child as reimbursement of an amount previously paid by the birth parent or by the alleged or presumed father if documentation is provided showing that the birth parent or alleged or presumed father has made the previous payment. (4) OTHER PAYMENTS PROHIBITED. The proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may not make any payments to or on behalf of a birth parent of the child, an alleged or presumed father of the child or the child except as provided in subs. (1) and (2). (5) PAYMENTS AFTER FINALIZATION OF ADOPTION. The adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may make a payment that is authorized under subs. (1) and (2) after finalization of the adoption, if the payment is included in the report under sub. (6) or an amendment to that report filed with the court. (6) REPORT TO THE COURT; WHEN REQUIRED. A report containing the information specified in sub. (7) shall be provided to the court at the time of the hearing on the petition for adoptive placement under s. 48.837 (2) or upon the order of the court under s. 48.422 (7) (bm). (7) REPORT TO THE COURT; CONTENTS REQUIRED. The report required under sub. (6) shall include a list of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or by a person acting on their behalf to a birth parent of the child, an alleged or presumed father of the child or the child, on behalf of a birth parent of the child, an alleged or presumed father of the child or the child, or to any other person in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents or the adoption of the child by the proposed adoptive parents. The report shall be itemized and shall show the goods or services for which payment was made or agreed to be made. The report shall include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency or other person or organization receiving any payment from the proposed adoptive parents or a person acting on behalf of the proposed adoptive parents in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents or the adoption of the child by the proposed adoptive parents. (8) ADOPTION OF FOREIGN CHILDREN AND ADOPTION BY RELATIVES OF THE CHILD. This section does not apply to an adoptive or proposed adoptive parent of a child with whom the child has been placed under s. 48.839 or to an adoptive or proposed adoptive parent of a child who is a relative of the child. History: 1997 a. 104; 2005 a. 293; 2007 a. 186; 2009 a. 339. NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.

48.915 Adoption appeals given preference. An appeal from a judgment granting or denying an adoption shall be given preference. History: 1987 a. 383; 1993 a. 395 s. 30; Stats. 1993 s. 48.915.

48.92 Effect of adoption. (1) After the order of adoption is entered the relation of parent and child and all the rights, duties and other legal consequences of the natural relation of child and

Updated 23-24 Wis. Stats. 166 parent thereafter exists between the adopted person and the adoptive parents. (2) After the order of adoption is entered the relationship of parent and child between the adopted person and the adopted person’s birth parents and the relationship between the adopted person and all persons whose relationship to the adopted person is derived through those birth parents shall be completely altered and all the rights, duties, and other legal consequences of those relationships shall cease to exist, unless the birth parent is the spouse of the adoptive parent, in which case those relationships shall be completely altered and those rights, duties, and other legal consequences shall cease to exist only with respect to the birth parent who is not the spouse of the adoptive parent and all persons whose relationship to the adopted person is derived through that birth parent. Notwithstanding the extinction of all parental rights under this subsection, a court may order reasonable visitation under s. 48.925. (3) Rights of inheritance by, from and through an adopted child are governed by ss. 854.20 and 854.21. (4) Nothing in this section shall be construed to abrogate the right of the department to make payments to adoptive families under s. 48.48 (12). History: 1973 c. 90; 1981 c. 359 s. 16; 1991 a. 191, 316; 1997 a. 35, 188; 2005 a. 232. A valid adoption of the petitioner by his aunt would preclude his right to inherit as the son of his natural mother, although he would be entitled to inherit as a nephew. Vargo v. Buban, 68 Wis. 2d 473, 228 N.W.2d 681 (1975). Biological grandparents had no right to visitation following termination of their son’s parental rights and adoption by the child’s stepfather. Soergel v. Raufman, 154 Wis. 2d 564, 453 N.W.2d 624 (1990). The adoption of a child of a deceased parent does not terminate the decedent’s parents’ grandparental visitation rights under s. 880.155 [now s. 48.9795 (12)]. H.F. v. T.F., 168 Wis. 2d 62, 483 N.W.2d 803 (1992). Except in the case of stepparent adoption, the parental rights of both birth parents are terminated, effectively preventing a birth parent’s nonmarital partner from adopting the birth parent’s child. This provision does not violate the constitutional rights of either the child or nonmarital partner. Georgina G. v. Terry M., 184 Wis. 2d 492, 516 N.W.2d 678 (1994). See also A.M.B. v. Circuit Court, 2024 WI 18, 411 Wis. 2d 389, 5 N.W.3d 238, 22-1334. Adoption proceedings confer all parental rights on the adoptive parents and therefore resolve all issues relating to the biological grandparents’ rights to assert claims for custody and guardianship. Following adoption, a change requires a showing of unfitness in the adoptive parents. Elgin W. v. DHFS, 221 Wis. 2d 36, 584 N.W.2d 195 (Ct. App. 1998), 97-3595. Sub. (2) does not nullify prior support arrearage obligations for which a natural parent became liable before that parent’s parental rights were terminated. Hernandez v. Allen, 2005 WI App 247, 288 Wis. 2d 111, 707 N.W.2d 557, 04-2696.

48.925 Visitation rights of certain persons. (1) Upon petition by a relative who has maintained a relationship similar to a parent-child relationship with a child who has been adopted by a stepparent or relative, the court, subject to subs. (1m) and (2), may grant reasonable visitation rights to that person if the petitioner has maintained such a relationship within 2 years prior to the filing of the petition, if the adoptive parent or parents, or, if a birth parent is the spouse of an adoptive parent, the adoptive parent and birth parent, have notice of the hearing and if the court determines all of the following: (a) That visitation is in the best interest of the child. (b) That the petitioner will not undermine the adoptive parent’s or parents’ relationship with the child or, if a birth parent is the spouse of an adoptive parent, the adoptive parent’s and birth parent’s relationship with the child. (c) That the petitioner will not act in a manner that is contrary to parenting decisions that are related to the child’s physical, emotional, educational or spiritual welfare and that are made by the adoptive parent or parents or, if a birth parent is the spouse of an adoptive parent, by the adoptive parent and birth parent. (1m) (a) Except as provided in par. (b), the court may not grant visitation rights under sub. (1) to a relative who has maintained a relationship similar to a parent-child relationship with a child if the relative has been convicted under s. 940.01 of the

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first-degree intentional homicide, or under s. 940.05 of the 2nddegree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated. (am) Except as provided in par. (b), if a relative who is granted visitation rights with a child under sub. (1) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the relative from having visitation with the child on petition of the child or the parent, guardian or legal custodian of the child, or on the court’s own motion, and on notice to the relative. (b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination. (2) Whenever possible, in making a determination under sub. (1), the court shall consider the wishes of the adopted child. (3) This section applies to every child in this state who has been adopted, by a stepparent or relative, regardless of the date of the adoption. (4) Any person who interferes with visitation rights granted under sub. (1) may be proceeded against for contempt of court under ch. 785, except that a court may impose only the remedial sanctions specified in s. 785.04 (1) (a) and (c) against that person. History: 1991 a. 191; 1999 a. 9. Grandparents’ Visitation Rights Following Adoption: Expanding Traditional Boundaries in Wisconsin. Hintz. 1994 WLR 483. Grandparent Visitation Rights. Rothstein. Wis. Law. Nov. 1992. The Effect of C.G.F. and Section 48.925 on Grandparental Visitation Petitions. Hughes. Wis. Law. Nov. 1992.

48.93 Records closed. (1) In this section, “adoptee” has the meaning given in s. 48.432 (1) (a). (1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g), (1r), (1v), or (1w), s. 48.432, 48.433, 48.434, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the court for good cause shown. (1g) At the time a court enters an order granting an adoption, it shall provide the adoptive parents with a copy of the child’s medical record under s. 48.425 (1) (am) or with any information provided to the court under s. 48.422 (9) or 48.425 (2), after deleting the names and addresses of the child’s birth parents and the identity of any provider of health care to the child or the child’s birth parents. (1r) Any agency which has placed a child for adoption shall, at the request of an adoptive parent or of the adoptee, after he or she has reached age 18, provide the requester without charge, except for the actual cost of reproduction, with medical or genetic information about the adoptee or about the adoptee’s birth parents which it has on file and with nonidentifying social history information about the adoptee’s family which it has on file, after deleting the names and addresses of the birth parents and any provider of health care to the adoptee or the adoptee’s birth parents. The agency may charge a requester a fee for the cost of verifying, purging, summarizing, copying and mailing the information according to the fee schedule established by the department under s. 48.432 (3) (c). The fee may not be more than $150 and may be waived by the agency. (1v) (a) At the time a court enters an order granting adoption of an Indian child, the court shall provide the U.S. secretary of the interior with the information specified in s. 48.028 (9) (a) and (b). (b) At the request of an Indian adoptee who is 18 years of age or older, the court that entered the order granting adoption of the

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adoptee shall provide or arrange to provide the adoptee with the information specified in s. 48.028 (9) (c). (1w) At the time a court grants an adoption of a child who was placed for adoption under s. 48.833, 48.834, 48.837, or 48.839, the court shall advise the adoptive parent that the agency that placed the child for adoption under s. 48.833 or 48.834, that was appointed the guardian of the child under s. 48.837 (6) (d), or that negotiated or arranged the placement for adoption under s. 48.839 will provide the names and contact information of the adoptive parent, and name and birth date of the adopted child, to the state-funded postadoption resource center that serves the area within which the parent resides within 90 days after the court grants the adoption unless the adoptive parent elects not to have that information so provided. If the adoptive parent makes that election, the agency may not provide that information. If the adoptive parent does not make that election, the agency shall provide that information within 90 days after the court grants the adoption. (2) All correspondence and papers, relating to the investigation, which are not a part of the court record, except those in the custody of agencies authorized to place children for adoption shall be transferred to the department and placed in its closed files. History: 1979 c. 34; 1981 c. 359; 1983 a. 471; 1989 a. 31; 1997 a. 27, 104, 252; 2007 a. 20; 2009 a. 94; 2015 a. 379. Adoption Records Reform: Impact on Adoptees. Simanek. 67 MLR 110 (1983).

48.94 New birth record. (1) After entry of the order granting the adoption the clerk of the court shall promptly mail a copy thereof to the state bureau of vital records and furnish any additional data needed for the new birth record. Whenever the parents by adoption, or the adopting parent and a birth parent who is the spouse of the adopting parent, request, that the birth record for the person adopted be not changed, then the court shall so order. In such event no new birth record shall be filed by the state registrar, notwithstanding the provisions of s. 69.15 (2) or any other law of this state. (2) If the court issues an order under s. 69.15 (2) (d) to restore the information from an adoptee’s original birth record, the state registrar shall issue a new birth certificate containing the information from the adoptee’s original birth record, except for the adoptee’s given name at birth, if different. The restoration of any birth parent’s name on the adoptee’s birth record does not do any of the following: (a) Affect the legal relationship of parent and adoptee that was created by the order of adoption. (b) Restore any legal rights or any legal relationship that terminated upon the order of adoption. (c) Change the adoptee’s legal name. History: 1981 c. 359 s. 16; 1985 a. 315 s. 22; 1991 a. 316; 2013 a. 379; 2017 a. 334. A Fundamental Rights Debate: Should Wisconsin Allow Adult Adoptees Unconditional Access to Adoption Records and Original Birth Certificates? Racine. 2002 WLR 1435.

48.95 Withdrawal or denial of petition. Except as provided under s. 48.839 (3) (b), if the petition is withdrawn or denied, the circuit court shall order the case transferred to the court assigned to exercise jurisdiction under this chapter and ch. 938 for appropriate action, except that if parental rights have been terminated and the guardian of the minor is the department, a licensed child welfare agency or a county department under s. 48.57 (1) (e) or (hm), the minor shall remain in the legal custody of the guardian. History: 1977 c. 271, 449; 1981 c. 81; 1985 a. 176; 1995 a. 77.

48.96

Subsequent adoption. The adoption of an adopted

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person is authorized and, in that case, the references to parent and birth parent are to adoptive parent. History: 1981 c. 359 s. 16.

48.97 Adoption and guardianship orders of other jurisdictions. (1) EFFECT AND RECOGNITION OF ADOPTION DECREES OF OTHER STATES. When the relationship of parent and child has been created by an order of adoption of a court of any other state, the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined under s. 48.92 as though the order of adoption was entered by a court of this state. (2) EFFECT AND RECOGNITION OF FOREIGN ADOPTION DECREES. If the adoption of a child who was born in a foreign jurisdiction and who was not a citizen of the United States at the time of birth was finalized under the laws of the jurisdiction from which the child was adopted and if the child was admitted to the United States with an IR-3 or IH-3 visa issued by the U.S. citizenship and immigration services, all of the following apply: (a) The adoption shall be recognized by this state and the rights and obligations of the adoptive parent and child shall be determined under s. 48.92 as though the order of adoption was entered by a court of this state. (b) The adoptive parent shall not be required to readopt the child in this state. (c) Within 365 days of a child being admitted to the United States, the adoptive parent shall submit a letter to the court requesting registration of the foreign adoption order. The parent shall include in the request all of the following: 1. Evidence as to the date, place of birth, and parentage of the child. 2. A certified or notarized copy of the final order of adoption entered by a court of the foreign jurisdiction and, if that final order is not in English, a certified translation or a notarized copy of a certified translation of that final order. 3. A sworn statement by the adoptive parent including all of the following: a. That a home study was completed as required or recognized by this state and the home study recommends the parent as an adoptive parent. b. That the required preadoption training was completed. c. That the adoptive parent is receiving and will receive supervision from a licensed child welfare agency in the United States until the court enters an order registering the foreign adoption order and has satisfied all preadoption training requirements. 4. The name and address of the adoptive parents and the child. 5. Any other information necessary for the state registrar to prepare a certification of birth data for the child. (d) Upon receipt of the letter under par. (c), the court shall enter an order registering the foreign adoption order, and may change the name of the child to that requested by the adoptive parents. The court shall then transmit the order registering the foreign adoption order to the state registrar. (e) An order registering the foreign adoption order shall have the same effect as an adoption order granted under s. 48.91. (3) EFFECT AND RECOGNITION OF FOREIGN GUARDIANSHIP DECREES; ADDITIONAL REQUIREMENTS. If a resident of this state has been appointed guardian of a child who was born in a foreign jurisdiction and who was not a citizen of the United States at the time of birth and the child was admitted to the United States with an IR-4 or IH-4 visa issued by the U.S. citizenship and immigration services, the guardian shall adopt the child under s. 48.839. History: 1971 c. 187; 1981 c. 81; 1995 a. 443; 2015 a. 380.

Updated 23-24 Wis. Stats. 168 48.975 Adoption assistance. (1) DEFINITION. In this section, “adoption assistance” means payments by the department to the adoptive or proposed adoptive parents of a child which are designed to assist in the cost of care of that child after an agreement under sub. (4) has been signed and the child has been placed for adoption with the adoptive or proposed adoptive parents. (2) APPLICABILITY. The department may provide adoption assistance only for a child with special needs and only when the department has determined that such assistance is necessary to assure the child’s adoption. (3) TYPES. The department may provide adoption assistance for maintenance, medical care or nonrecurring adoption expenses, or for any combination of those types of adoption assistance, according to the following criteria: (a) Maintenance. 1. Except as provided in subd. 3., for support of a child who was in foster care or subsidized guardianship care immediately prior to placement for adoption, the department shall determine the initial amount of adoption assistance for maintenance based on the circumstances of the adoptive family and the needs of the child. That amount may not exceed the amount of the child’s foster care or subsidized guardianship care payment at the time that the agreement under sub. (4) (a) is signed. 2. Except as provided in subd. 3., for support of a child not in foster care or subsidized guardianship care immediately prior to placement for adoption, the department shall determine the initial amount of adoption assistance for maintenance based on the circumstances of the adoptive family and the needs of the child. That amount may not exceed the uniform foster care rate applicable to the child that is in effect at the time that the agreement under sub. (4) (a) is signed. 3. For support of a child who is defined under rules promulgated by the department under sub. (5) (b) as a child with special needs based solely on being at high risk of developing moderate or intensive difficulty-of-care problems, the initial amount of adoption assistance for maintenance shall be $0. 4. The amount of adoption assistance for maintenance may be changed under an amended agreement under sub. (4) (b) or (c). If an agreement is amended under sub. (4) (b) or (c), the amount of adoption assistance for maintenance shall be the amount specified in the amended agreement but may not exceed the uniform foster care rate that would be applicable to the child if the child were in foster care during the time for which the adoption assistance for maintenance is paid. (b) Medical. The adoption assistance for medical care shall be sufficient to pay expenses due to a physical, mental or emotional condition of the child which is not covered by a health insurance policy insuring the child or the parent. (c) Nonrecurring adoption expenses. Subject to any maximum amount provided by the department by rule promulgated under sub. (5), the adoption assistance for nonrecurring adoption expenses shall be sufficient to pay the reasonable and necessary adoption fees, court costs, legal fees and other expenses that are directly related to the adoption of the child and that are not incurred in violation of any state or federal law. (3m) DURATION. The adoption assistance may be continued after the adoptee attains 18 years of age if any of the following applies: (a) The adoptee is under 19 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program before reaching 19 years of age. (b) The adoptee is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent,

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has a mental or physical disability that warrants the continuation of adoption assistance as determined by the department, is not eligible for social security disability insurance under 42 USC 401 to 433 or supplemental security income under 42 USC 1381 to 1385 based on disability, and otherwise lacks adequate resources to continue in secondary school or its vocational or technical equivalent. (c) The adoptee is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the adoptee, and the adoption assistance agreement for the adoptee became effective on or after the date on which the adoptee attained 16 years of age. (4) PROCEDURE. (a) Except in extenuating circumstances, as defined by the department by rule promulgated under sub. (5) (a), a written agreement to provide adoption assistance shall be made prior to adoption. An agreement to provide adoption assistance may be made only for a child who, at the time of placement for adoption, is in the guardianship of the department or other agency authorized to place children for adoption, in the guardianship of an American Indian tribal agency in this state, or in a subsidized guardianship under s. 48.623. (b) If an agreement to provide adoption assistance is in effect and if the adoptive or proposed adoptive parents of the child who is the subject of the agreement believe there has been a substantial change in circumstances, as defined by the department by rule promulgated under sub. (5) (c), the adoptive or proposed adoptive parents may request that the agreement be amended to increase the amount of adoption assistance for maintenance. If a request is received under this paragraph, the department shall do all of the following: 1. Determine whether there has been a substantial change in circumstances, as defined by the department by rule promulgated under sub. (5) (c) and whether there has been a substantiated report of abuse or neglect of the child by the adoptive or proposed adoptive parents. 2. If there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the adoptive or proposed adoptive parents, offer to increase the amount of adoption assistance for maintenance based on criteria established by the department by rule promulgated under sub. (5) (d). 3. If an increased amount of adoption assistance for maintenance is agreed to by the adoptive or proposed adoptive parents, amend the agreement in writing to specify the increased amount of adoption assistance for maintenance. (bm) Annually, the department shall review an agreement that has been amended under par. (b) to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist. If that substantial change in circumstances continues to exist, the agreement, as amended, shall remain in effect. If that substantial change in circumstances no longer exists, the department shall offer to decrease the amount of adoption assistance for maintenance based on criteria established by the department under sub. (5) (dm). If the decreased amount of adoption assistance for maintenance is agreed to by the adoptive or proposed adoptive parents, the department shall amend the agreement in writing to specify the decreased amount of adoption assistance for maintenance. If the decreased amount of adoption assistance for maintenance is not agreed to by the adoptive or proposed adoptive parents, the adoptive or proposed adoptive parents may appeal the decision of the department regarding the decrease under the procedure established by the department under sub. (5) (dm). (c) The department may propose to the adoptive or proposed

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adoptive parents that an agreement to provide adoption assistance be amended to adjust the amount of adoption assistance for maintenance. If an adjustment in the amount of adoption assistance for maintenance is agreed to by the adoptive or proposed adoptive parents, the agreement shall be amended in writing to specify the adjusted amount of adoption assistance for maintenance. (d) An agreement to provide adoption assistance may be amended more than once under par. (b) or (c). (4m) RECOVERY OF INCORRECT PAYMENTS. The department may recover an overpayment of adoption assistance from an adoptive parent who continues to receive adoption assistance for maintenance by reducing the amount of the adoptive parent’s monthly payment of adoption assistance for maintenance. The department may by rule specify other methods for recovering overpayments of adoption assistance. (5) RULES. The department shall promulgate rules necessary to implement this section, which shall include all of the following: (a) A rule defining the extenuating circumstances under which an initial agreement to provide adoption assistance under sub. (4) (a) may be made after adoption. This definition shall include all circumstances under which federal statutes, regulations or guidelines provide that federal matching funds for adoption assistance are available to the state if an initial agreement is made after adoption, but may not include circumstances under which federal statutes, regulations or guidelines provide that federal matching funds for adoption assistance are not available if an initial agreement is made after adoption. (b) A rule defining a child with special needs, which shall include a child who the department determines has, at the time of placement for adoption, moderate or intensive difficulty-of-care problems, as defined by the department, or who the department determines is, at the time of placement for adoption, at high risk of developing those problems. (c) A rule defining the substantial change in circumstances under which adoptive or proposed adoptive parents may request that an agreement made under sub. (4) be amended to increase the amount of adoption assistance for maintenance. The definition shall include all of the following: 1. Situations in which a child who was defined as a child with special needs based solely on being at high risk of developing moderate or intensive difficulty-of-care problems has developed those problems. 2. Situations in which a child’s difficulty-of-care problems have increased from the moderate level to the intensive level as set forth in the department’s schedule of difficulty-of-care levels promulgated by rule. (d) Rules establishing requirements for submitting a request under sub. (4) (b), criteria for determining the amount of the increase in adoption assistance for maintenance that the department shall offer if there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the adoptive or proposed adoptive parents, and the procedure to appeal the decision of the department regarding the request. (dm) Rules establishing the criteria for determining the amount of the decrease in adoption assistance for maintenance that the department shall offer under sub. (4) (bm) if a substantial change in circumstances no longer exists and the procedure to appeal the decision of the department regarding the decrease. The criteria shall provide that the amount of the decrease offered by the department under sub. (4) (bm) may not result in an amount of adoption assistance for maintenance that is less than the initial amount of adoption assistance for maintenance provided for the child under sub. (3) (a) 1., 2. or 3.

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(e) A rule regarding when a child must be photolisted with the adoption information exchange under s. 48.55 in order to be eligible for adoption assistance. The rule may not require photolisting under any circumstances in which photolisting is not required by federal statutes, regulations or guidelines as a prerequisite for the state to receive federal matching funds for adoption assistance. (f) Rules governing the provision of adoption assistance for the care of a child after the child attains 18 years of age. History: 1977 c. 418; 1985 a. 308; 1989 a. 31; 1993 a. 16, 446; 1997 a. 308; 2005 a. 25; 2009 a. 28; 2011 a. 32; 2013 a. 20; 2015 a. 55. Cross-reference: See also ch. DCF 50, Wis. adm. code.

48.977 Appointment of guardians for certain children in need of protection or services. (2) TYPE OF GUARDIANSHIP. This section may be used for the appointment of a guardian of the person for a child if the court finds all of the following: (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 48.33 (1) or 938.33 (1). (b) That the person nominated as the guardian of the child is a person with whom the child has been placed or in whose home placement of the child is recommended under par. (a) and that it is likely that the child will continue to be placed with that person for an extended period of time or until the child attains the age of 18 years. (c) That, if appointed, it is likely that the person would be willing and able to serve as the child’s guardian for an extended period of time or until the child attains the age of 18 years. (d) That it is not in the best interests of the child that a petition to terminate parental rights be filed with respect to the child. (e) That the child’s parent is neglecting, refusing or unable to carry out the duties of a guardian or, if the child has 2 parents, both parents are neglecting, refusing or unable to carry out the duties of a guardian. (f) That the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, while assuring that the child’s health and safety are the paramount concerns, but that reunification of the child with the child’s parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child or that the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to prevent the removal of the child from his or her home, while assuring the child’s health and safety, but that continued placement of the child in the home would be contrary to the welfare of the child, except that the court is not required to find that the agency has made those reasonable efforts with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies to that parent. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the guardianship order. A guardianship order that merely references this paragraph without documenting or referencing that specific information in the order or an amended guardianship order that retroactively corrects an earlier guardianship order that does not comply with this paragraph is not sufficient to comply with this paragraph. (3) DESIGNATION AS A PERMANENT PLACEMENT. If a court

Updated 23-24 Wis. Stats. 170 appoints a guardian for a child under sub. (2), the court may designate the child’s placement with that guardian as the child’s permanent foster placement, but only for purposes of s. 48.368 (2) or 938.368 (2). (3r) SUBSIDIZED GUARDIANSHIP. (a) Guardian. Subsidized guardianship payments under s. 48.623 (1) may not be made to a guardian of a child unless a subsidized guardianship agreement under s. 48.623 (2) is entered into before the guardianship order is granted and the court either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services as specified in sub. (2) (a). If a child’s permanency plan calls for placement of the child in the home of a guardian and the provision of monthly subsidized guardianship payments to the guardian, the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a statement of the determinations made under s. 48.623 (1) and a request for the court to include in the court’s findings under sub. (4) (d) a finding confirming those determinations. If the court confirms those determinations, appoints a guardian for the child under sub. (2), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child is adjudicated to be in need of protection or services as specified in sub. (2) (a), the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments to the guardian under s. 48.623 (1). (b) Successor guardian. Subsidized guardianship payments under s. 48.623 (6) (bm) may not be made to a successor guardian of a child unless the court makes a finding confirming that the successor guardian is named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement under s. 48.623 (2) that was entered into before the death or incapacity of the guardian and that the conditions specified in s. 48.623 (6) (bm) have been met, appoints the successor guardian to assume the duty and authority of guardianship as provided in sub. (5m), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services as specified in sub. (2) (a). If the court makes that finding and appointment and either terminates such an order or dismisses such a proceeding, the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments to the successor guardian under s. 48.623 (6) (bm). (4) PROCEDURE AND DISPOSITION. (a) Who may file petition. Any of the following persons may file a petition for the appointment of a guardian for a child under sub. (2): 1. The child or the child’s guardian, legal custodian, or Indian custodian. 2. The child’s guardian ad litem. 3. The child’s parent. 4. The person with whom the child is placed or in whose home placement of the child is recommended as described in sub. (2) (a), if the person is nominated as the guardian of the child in the petition. 5. The department. 6. A county department under s. 46.22 or 46.23 or, if the child has been placed pursuant to an order under ch. 938 or the child’s placement with the guardian is recommended under ch. 938, a county department under s. 46.215, 46.22, or 46.23. 7. A licensed child welfare agency that has been assigned primary responsibility for providing services to the child under a court order. 8. The person representing the interests of the public under s. 48.09. (b) Contents of petition. A proceeding for the appointment of

May 22, 2026, are designated by NOTES. (Published 5-22-26)

a guardian for a child under sub. (2) shall be initiated by a petition which shall be entitled “In the interest of .... (child’s name), a person under the age of 18” and shall set forth all of the following with specificity: 1. The name, birth date, and address of the child and whether the child has been adopted. 2. The names and addresses of the child’s parent or parents, guardian, and legal custodian, the person nominated as the guardian of the child in the petition, and any person nominated as a successor guardian of the child in the petition. 3. The date on which the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and the dates on which the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or, if the child has been so adjudged, but not so placed, the date of the report under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person is recommended. 4. A statement of the facts and circumstances which the petition alleges establish that the conditions specified in sub. (2) (b) to (f) are met. 5. A statement of whether the proceedings are subject to the Uniform Child Custody Jurisdiction and Enforcement Act under ch. 822. 6. A statement of whether the child may be subject to the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the child may be subject to that act, the names and addresses of the child’s Indian custodian, if any, and Indian tribe, if known. (c) Service of petition and notice. 1. The petitioner shall cause the petition and notice of the time and place of the hearing under par. (cm) to be served upon all of the following persons: a. The child if the child is 12 years of age or older. b. The child’s guardian and legal custodian. c. The child’s guardian ad litem. d. The child’s counsel. e. The child’s parent. f. The persons to whom notice is required to be given under s. 48.27 (3) (b) 1. g. The person with whom the child is placed or in whose home placement of the child is recommended as described in sub. (2) (a), if the person is nominated as the guardian of the child in the petition. gm. Any person nominated as a successor guardian of the child in the petition. h. The person representing the interests of the public under s. 48.09. i. The agency primarily responsible for providing services to the child under a court order. j. If the child is an Indian child, the Indian child’s Indian custodian, if any, and tribe, if known. 2. Except as provided in subd. 2m., service shall be made by 1st class mail at least 7 days before the hearing or by personal service at least 7 days before the hearing or, if with reasonable diligence a party specified in subd. 1. cannot be served by mail or personal service, service shall be made by publication of a notice published as a class 1 notice under ch. 985. In determining which newspaper is likely to give notice as required under s. 985.02 (1), the petitioner shall consider the residence of the party, if known, or the residence of the relatives of the party, if known, or the lastknown location of the party. 2m. If the petitioner knows or has reason to know that the child is an Indian child, service under subd. 2. to the Indian

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child’s parent, Indian custodian, and tribe shall be provided in the manner specified in s. 48.028 (4) (a). No hearing may be held under par. (cm) until at least 10 days after receipt of service by the Indian child’s parent, Indian custodian, and tribe or, if the identity or location of the Indian child’s parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of service by the U.S. secretary of the interior. On request of the Indian child’s parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing. (cm) Plea hearing. 1. A hearing to determine whether any party wishes to contest a petition filed under par. (a) shall take place on a date which allows reasonable time for the parties to prepare but is no more than 30 days after the filing of the petition. At the hearing, the nonpetitioning parties and the child, if he or she is 12 years of age or over or is otherwise competent to do so, shall state whether they wish to contest the petition. Before accepting a plea of no contest to the allegations in the petition, the court shall do all of the following: a. Address the parties present and determine that the plea is made voluntarily and with understanding of the nature of the facts alleged in the petition, the nature of the potential disposition and the nature of the legal consequences of that disposition. b. Establish whether any promises or threats were made to elicit the plea of no contest and alert all unrepresented parties to the possibility that an attorney may discover grounds to contest the petition that would not be apparent to those parties. c. Make inquiries to establish to the satisfaction of the court that there is a factual basis for the plea of no contest. 2. If the petition is not contested and if the court accepts the plea of no contest, the court may immediately proceed to a dispositional hearing under par. (fm), unless an adjournment is requested. If a party requests an adjournment, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 30 days after the plea hearing. 3. If the petition is contested or if the court does not accept the plea of no contest, the court shall set a date for a fact-finding hearing under par. (d) which allows reasonable time for the parties to prepare but is not more than 30 days after the plea hearing. (d) Fact-finding hearing. The court shall hold a fact-finding hearing on the petition on the date set by the court under par. (cm) 3., at which any party may present evidence relevant to the issue of whether the conditions specified in sub. (2) (a) to (f) have been met. If the court, at the conclusion of the fact-finding hearing, finds by clear and convincing evidence that the conditions specified in sub. (2) (a) to (f) have been met, the court shall immediately proceed to a dispositional hearing unless an adjournment is requested. If a party requests an adjournment, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 30 days after the fact-finding hearing. (e) Court report. For a child who has been placed, or continued in a placement, outside of his or her home for 6 months or longer, the court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court a report containing the written summary under s. 48.38 (5) (e) and as much information relating to the appointment of a guardian as is reasonably ascertainable. For a child who has been placed, or continued in a placement, outside of his or her home for less than 6 months, the court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court the report submitted under s. 48.33 (1) or 938.33 (1), the permanency plan prepared under s. 48.38 or 938.38, if one has been prepared, and as

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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much information relating to the appointment of a guardian as is reasonably ascertainable. The agency shall file the report at least 48 hours before the date of the dispositional hearing under par. (fm). (fm) Dispositional hearing. The court shall hold a dispositional hearing on the petition at the time specified or set by the court under par. (cm) 2. or (d), at which any party may present evidence, including expert testimony, relevant to the disposition. (g) Dispositional factors. In determining the appropriate disposition under this section, the best interests of the child shall be the prevailing factor to be considered by the court. In making a decision about the appropriate disposition, the court shall consider any report submitted under par. (e) and shall consider, but not be limited to, all of the following: 1. Whether the person would be a suitable guardian of the child. 2. The willingness and ability of the person to serve as the child’s guardian for an extended period of time or until the child attains the age of 18 years. 3. The wishes of the child. 4. If the child is an Indian child, the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. A strong attachment of the child to the person or a strong commitment of the person to caring permanently for the child does not, in itself, constitute good cause for departing from that order. (h) Disposition. After receiving any evidence relating to the disposition, the court shall enter one of the following dispositions within 10 days after the dispositional hearing: 1. A disposition dismissing the petition if the court determines that appointment of the person as the child’s guardian is not in the best interests of the child. 2. A disposition ordering that the person with whom the child has been placed or in whose home placement of the child is recommended as described in sub. (2) (a) be appointed as the child’s guardian under sub. (5) (a) or limited guardian under sub. (5) (b), if the court determines that such an appointment is in the best interests of the child. (i) Effect of disposition on permanency review process. After a disposition under par. (h), the child’s permanency plan shall continue to be reviewed under s. 48.38 (5), if applicable. (5) DUTIES AND AUTHORITY OF GUARDIAN. (a) Full guardianship. Unless limited under par. (b), a guardian appointed under sub. (2) shall have all of the duties and authority specified in s. 48.023. (b) Limited guardianship. The court may order that the duties and authority of a guardian appointed under sub. (2) be limited. The duties and authority of a limited guardian shall be as specified by the order of appointment under sub. (4) (h) 2. or any revised order under sub. (6). All provisions of the statutes concerning the duties and authority of a guardian shall apply to a limited guardian appointed under sub. (2) to the extent those provisions are relevant to the duties or authority of the limited guardian, except as limited by the order of appointment. (5m) SUCCESSOR GUARDIAN. (a) Petition. If a guardian dies or becomes incapacitated, any person authorized to file a petition under sub. (4) (a) may petition for the appointment of a person named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement under s. 48.623 (2) entered into before the death or incapacity of the guardian as successor guardian to assume the duty and authority of guardian. The petition shall be heard in the same manner and subject to the same requirements as provided under this section for an original appointment of a guardian. The

Updated 23-24 Wis. Stats. 172 petitioner shall include in the petition a statement that the person was so named as a prospective successor guardian of the child and that the conditions specified in s. 48.623 (6) (bm) have been met and a request for the court to include in the court’s findings a finding confirming that the person was so named and that those conditions have been met. (b) Appointment. After hearing, the court may appoint a person named in a petition under par. (a) as successor guardian to assume the duty and authority of guardianship. The court shall include in the court’s findings a finding confirming that the person was named as a prospective successor guardian as stated in the petition and that the conditions specified in s. 48.623 (6) (bm) have been met. The person appointed as successor guardian shall receive a copy of the initial guardianship order, any court order revising that initial order, and the order appointing the person as successor guardian. (6) REVISION OF GUARDIANSHIP ORDER. (a) Any person authorized to file a petition under sub. (4) (a) may request a revision in a guardianship order entered under this subsection or sub. (4) (h) 2., or the court may, on its own motion, propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision, shall allege facts sufficient to show that there has been a substantial change in circumstances since the last order affecting the guardianship was entered and that the proposed revision would be in the best interests of the child and shall allege any other information that affects the advisability of the court’s disposition. (b) The court shall hold a hearing on the matter prior to any revision of the guardianship order if the request or court proposal indicates that new information is available which affects the advisability of the court’s guardianship order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice under sub. (4) (c) and the court approves the waivers. (c) If a hearing is to be held, the court shall notify the persons entitled to receive notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and purpose of the hearing. A copy of the request or proposal shall be attached to the notice. The court may order a revision if, at the hearing, the court finds that it has been proved by clear and convincing evidence that there has been a substantial change in circumstances and if the court determines that a revision would be in the best interests of the child. (7) TERMINATION OF GUARDIANSHIP. (a) Term of guardianship. Unless the court order entered under sub. (4) (h) 2. or (6) specifies that a guardianship under this section be for a lesser period of time, a guardianship under this section shall continue until the child attains the age of 18 years or until terminated by the court, whichever occurs earlier. (b) Removal for cause. 1. Any person authorized to file a petition under sub. (4) (a) may request that a guardian appointed under sub. (2) be removed for cause or the court may, on its own motion, propose such a removal. The request or court proposal shall allege facts sufficient to show that the guardian is or has been neglecting, is or has been refusing or is or has been unable to discharge the guardian’s trust and may allege facts relating to any other information that affects the advisability of the court’s disposition. 2. The court shall hold a hearing on the matter unless written waivers of objections to the removal are signed by all parties entitled to receive notice under sub. (4) (c) and the court approves the waivers. 3. If a hearing is to be held, the court shall notify the persons entitled to receive notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and purpose of the hearing. A copy of the request or court proposal shall be attached to the notice.

May 22, 2026, are designated by NOTES. (Published 5-22-26)

The court shall remove the guardian for cause if, at the hearing, the court finds that it has been proved by clear and convincing evidence that the guardian is or has been neglecting, is or has been refusing or is or has been unable to discharge the guardian’s trust and if the court determines that removal of the guardian would be in the best interests of the child. (c) Resignation. A guardian appointed under sub. (2) may resign at any time if the resignation is accepted by the court. (d) Termination on request of parent. 1. A parent of the child may request that a guardianship order entered under sub. (4) (h) 2. or a revised order entered under sub. (6) be terminated. The request shall allege facts sufficient to show that there has been a substantial change in circumstances since the last order affecting the guardianship was entered, that the parent is willing and able to carry out the duties of a guardian and that the proposed termination of guardianship would be in the best interests of the child. 2. The court shall hold a hearing on the matter unless written waivers of objections to the termination are signed by all parties entitled to receive notice under sub. (4) (c) and the court approves the waivers. 3. If a hearing is to be held, the court shall notify the persons entitled to receive notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and purpose of the hearing. A copy of the request shall be attached to the notice. The court shall terminate the guardianship if, at the hearing, the court finds that it has been proved by clear and convincing evidence that there has been a substantial change in circumstances since the last order affecting the guardianship was entered and the parent is willing and able to carry out the duties of a guardian and if the court determines that termination of the guardianship would be in the best interests of the child. (e) Termination on termination of parental rights. If a court enters an order under s. 48.427 (3p), the court shall terminate the guardianship under this section. (8) RELATIONSHIP TO OTHER GUARDIANSHIP PROCEDURES. (a) This section does not abridge the duties or authority of a guardian appointed under s. 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats. (b) Nothing in this section prohibits an individual from petitioning a court under s. 48.9795 for appointment of a guardian. History: 1995 a. 275; 1997 a. 27, 35, 80, 237; 1999 a. 133; 2001 a. 2, 109; 2005 a. 25, 130, 387; 2007 a. 77; 2009 a. 94; 2011 a. 32, 181; 2013 a. 20; 2015 a. 128, 129, 381; 2019 a. 109; 2021 a. 240 s. 30; 2023 a. 19. The trial court interpreted sub. (8) (b) to mean that, when a guardianship petition has been filed under this section, nothing in this section prohibits an individual from filing a ch. 54 [now s. 48.9795] guardianship petition. However, that is not what the plain language of the statute says. Sub. (8) (b) provides that, if there is something in the text of this section that would prohibit a person from filing a guardianship petition under this section, the person may nevertheless file a petition under ch. 54 [now s. 48.9795]. M.L.-F. v. Oneida County Department of Social Services, 2016 WI App 25, 367 Wis. 2d 697, 877 N.W.2d 401, 15-0553.

SUBCHAPTER XX OTHER GUARDIANSHIPS AND DELEGATION OF POWER BY PARENT 48.978 Appointment or designation of standby guardian of a child. (1) DEFINITIONS. In this section: (a) “Attending physician” means a physician licensed under ch. 448 who has primary responsibility for the treatment and care of a parent who has filed a petition under sub. (2) (a) or made a written designation under sub. (3) (a) or, if more than one physician has responsibility for the treatment and care of that parent, if a physician is acting on behalf of a physician who has primary responsibility for the treatment and care of that parent or if no physician is responsible for the treatment and care of that parent,

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“attending physician” means any physician licensed under ch. 448 who is familiar with the medical condition of that parent. (b) “Debilitation” means a person’s chronic and substantial inability, as a result of a physical illness, disease, impairment or injury, to care for his or her child. (c) “Incapacity” means a person’s chronic and substantial inability, as a result of a mental impairment, to care for his or her child. (2) JUDICIAL APPOINTMENT. (a) Who may file petition. 1. A parent of a child may file a petition for the judicial appointment of a standby guardian of the person or estate or both of the child under this subsection. A parent may include in the petition the nomination of an alternate standby guardian for the court to appoint if the person nominated as standby guardian is unwilling or unable to serve as the child’s guardian or if the court determines that appointment of the person nominated as standby guardian as the child’s guardian is not in the best interests of the child. Subject to subds. 2. and 3., if a petition is filed under this subdivision, the petition shall be joined by each parent of the child. 2. If a parent of a child cannot with reasonable diligence locate the other parent of the child, the parent may file a petition under subd. 1. without the other parent joining in the petition and, if the parent filing the petition submits proof satisfactory to the court of that reasonable diligence, the court may grant the petition. 3. If a parent of a child can locate the other parent of the child, but that other parent refuses to join in the petition or indicates that he or she is unwilling or unable to exercise the duty and authority of guardianship, the parent may file a petition under subd. 1. without the other parent joining in the petition and, if the parent filing the petition submits proof satisfactory to the court of that refusal, unwillingness or inability, the court may grant the petition. (b) Contents of petition. A proceeding for the appointment of a standby guardian for a child under this subsection shall be initiated by a petition that shall be entitled “In the interest of .... (child’s name), a person under the age of 18” and shall set forth with specificity all of the following: 1. The name, birth date and address of the child. 2. The names and addresses of the child’s parent or parents, guardian and legal custodian. 3. The name and address of the person nominated as standby guardian and, if the petitioner is nominating an alternate standby guardian, the name and address of the person nominated as alternate standby guardian. 4. The duties and authority that the petitioner wishes the standby guardian to exercise. 5. A statement of whether the duty and authority of the standby guardian are to become effective on the petitioner’s incapacity, on the petitioner’s death, or on the petitioner’s debilitation and consent to the beginning of the duty and authority of the standby guardian, or on whichever occurs first. 6. A statement that there is a significant risk that the petitioner will become incapacitated or debilitated or die, as applicable, within 2 years after the date on which the petition is filed and the factual basis for that statement. 7. If a parent of the child cannot with reasonable diligence locate the other parent of the child, a statement that the child has no parent, other than the petitioner, who is willing and able to exercise the duties and authority of guardianship and who, with reasonable diligence, can be located and a statement of the efforts made to locate the other parent. 8. If a parent of the child can locate the other parent of the child, but that other parent refuses to join in the petition or indi-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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cates that he or she is unwilling or unable to exercise the duty and authority of guardianship, a statement that the child has no parent, other than the petitioner, who is willing and able to exercise the duty and authority of guardianship and a statement that the nonpetitioning parent has refused to join in the petition or has indicated that he or she is unwilling or unable to exercise the duty and authority of guardianship. 9. A description of the child’s income and assets, if any. 10. A statement of whether the proceedings are subject to the Uniform Child Custody Jurisdiction and Enforcement Act under ch. 822. 11. A statement of whether the child may be subject to the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the child may be subject to that act, the names and addresses of the child’s Indian custodian, if any, and Indian tribe, if known. (c) Service of petition and notice. 1. The petitioner shall cause the petition and notice of the time and place of the hearing under par. (d) to be served on all of the following persons: a. The child if the child is 12 years of age or older. b. The child’s guardian and legal custodian. c. The child’s guardian ad litem. d. The child’s counsel. e. The child’s other parent, if that parent has not joined in the petition and if that parent can with reasonable diligence be located. f. The persons to whom notice is required to be given under s. 48.27 (3) (b) 1. g. The person who is nominated as the standby guardian of the child in the petition and, if an alternate standby guardian is nominated in the petition, the person who is nominated as the alternate standby guardian. 2. Service shall be made by certified mail at least 7 days before the hearing or by personal service in the same manner as a summons is served under s. 801.11 (1) (a) or (b) at least 7 days before the hearing or, if with reasonable diligence a party specified in subd. 1. cannot be served by mail or by personal or substituted service, service shall be made by publication of a notice published as a class 1 notice under ch. 985. In determining which newspaper is likely to give notice as required under s. 985.02 (1), the petitioner shall consider the residence of the party, if known, or the residence of the relatives of the party, if known, or the lastknown location of the party. (d) Plea hearing. 1. A hearing to determine whether any party wishes to contest a petition filed under par. (a) shall take place on a date that allows reasonable time for the parties to prepare but is no more than 30 days after the filing of the petition. At the hearing, the nonpetitioning parties and the child, if he or she is 12 years of age or over or is otherwise competent to do so, shall state whether they wish to contest the petition. 2. If the petition is not contested, the court may immediately proceed to a dispositional hearing under par. (g), unless an adjournment is requested under par. (g). 3. If the petition is contested, the court shall set a date for a fact-finding hearing under par. (e) that allows reasonable time for the parties to prepare but is no more than 30 days after the plea hearing. (e) Fact-finding hearing. The court shall hold a fact-finding hearing on the petition on the date set by the court under par. (d) 3. at which any party may present evidence relevant to any of the following issues: 1. Whether there is a significant risk that the petitioner will become incapacitated or debilitated or die within 2 years after the date on which the petition was filed. 2. Whether the child has any parent, other than the petitioner,

Updated 23-24 Wis. Stats. 174 who is willing and able to exercise the duty and authority of guardianship. 3. If a parent cannot be located, whether the petitioner has made diligent efforts to locate that parent. 4. If a parent has refused to join in the petition, whether that refusal is unreasonable. (f) Required findings by court. If the court, at the conclusion of the fact-finding hearing, makes all of the following findings by clear and convincing evidence, the court shall immediately proceed to a dispositional hearing unless an adjournment is requested under par. (g): 1. That there is a significant risk that the petitioner will become incapacitated or debilitated or die within 2 years after the date on which the petition was filed. 2. That the child has no parent, other than the petitioner, who is willing and able to exercise the duty and authority of guardianship. 3. That, if a parent cannot be located, the petitioner has made diligent efforts to locate that parent. 4. That, if a parent has refused to join in the petition, the refusal was unreasonable. 5. That the person nominated as standby guardian is willing and able to act as standby guardian or, if that person is not so willing and able, that the person nominated as alternate standby guardian is willing and able to act as standby guardian. (g) Dispositional hearing. The court shall hold a dispositional hearing on the petition at the time specified under par. (d) 2. or (e), at which any party may present evidence, including expert testimony, relevant to the disposition. If at the plea hearing or the fact-finding hearing a party requests an adjournment of the dispositional hearing, the court shall set a date for the dispositional hearing that allows reasonable time for the parties to prepare but is no more than 30 days after the plea hearing or factfinding hearing. (h) Dispositional factors. In determining the appropriate disposition under this par. (j), the best interests of the child shall be the prevailing factor to be considered by the court. In making a decision about the appropriate disposition, the court shall consider all of the following: 1. Whether the person nominated as standby guardian or alternate standby guardian would be a suitable guardian of the child. 2. The willingness and ability of the person nominated as standby guardian or alternate standby guardian to serve as the child’s guardian if the petitioner becomes incapacitated or debilitated or dies. 3. The wishes of the child. (i) Appearance by petitioner. If the petitioner is medically unable to appear at a hearing under par. (d), (e) or (g), the court may dispense with the petitioner’s appearance, except on the motion of a party and for good cause shown. (j) Disposition. After receiving any evidence relating to the disposition, the court shall enter one of the following dispositions within 10 days after the dispositional hearing: 1. A disposition dismissing the petition if the court determines that appointment of the person nominated as standby guardian or alternate standby guardian as the child’s standby guardian is not in the best interests of the child. 2. A disposition ordering that the person nominated as standby guardian or alternate standby guardian be appointed as the child’s standby guardian if the court determines that such an appointment is in the best interests of the child. (k) Guardianship order. A standby guardianship order under par. (j) 2. shall include all of the following:

May 22, 2026, are designated by NOTES. (Published 5-22-26)

1. A statement of whether the standby guardianship is a full guardianship under sub. (6) (b) 1. or a limited guardianship under sub. (6) (b) 2. 2. A statement of when the standby guardianship goes into effect, which may be on receipt by the standby guardian of a determination of the petitioner’s incapacity, a certificate of the petitioner’s death, or a determination of the petitioner’s debilitation and the petitioner’s written consent under par. (L) 3. that the standby guardianship go into effect. (L) Commencement of duty and authority of court-appointed standby guardian. 1. If a standby guardianship order under par. (j) 2. provides that the duty and authority of a standby guardian are effective on the petitioner’s incapacity, the duty and authority of the standby guardian shall begin on the receipt by the standby guardian of a copy of a determination of incapacity under sub. (4). 2. If a standby guardianship order under par. (j) 2. provides that the duty and authority of a standby guardian are effective on the petitioner’s death, the duty and authority of the standby guardian shall begin on the receipt by the standby guardian of a copy of the certificate of the petitioner’s death. 3. If a standby guardianship order under par. (j) 2. provides that the duty and authority of a standby guardian are effective on the petitioner’s debilitation and consent to the standby guardianship going into effect, the duty and authority of a standby guardian shall begin on the receipt by the standby guardian of a determination of debilitation under sub. (4) and a written consent to the beginning of that duty and authority signed by the petitioner in the presence of 2 witnesses 18 years of age or over, neither of whom may be the standby guardian, and by the standby guardian. If the petitioner is physically unable to sign that written consent, another person 18 years of age or over who is not the standby guardian may sign the written consent on behalf of the petitioner and at the direction of the petitioner, in the presence of the petitioner and 2 witnesses 18 years of age or over, neither of whom may be the standby guardian. 4. The standby guardian shall file the determination of incapacity received under subd. 1., the certificate of death received under subd. 2., or the determination of debilitation and written consent received under subd. 3., whichever is applicable, with the court that entered the guardianship order within 90 days after the date on which the standby guardian receives that determination, certificate, or determination and written consent. If the standby guardian fails to file that determination, certificate, or determination and written consent with that court within those 90 days, the court may rescind the guardianship order. (m) Suspension of duty and authority of court-appointed standby guardian. 1. The duty and authority of a standby guardian appointed under par. (j) 2. shall be suspended on the receipt by the standby guardian of a copy of a determination of recovery or remission under sub. (5). 2. The standby guardian shall file the determination of recovery or remission received under subd. 1. with the court that entered the guardianship order within 90 days after the date on which the standby guardian receives that determination. If the standby guardian fails to file that determination with that court within those 90 days, the court may rescind the guardianship order. 3. The duty and authority of a standby guardian that are suspended under subd. 1. shall begin again as provided in par. (L). (n) Rescission of standby guardianship. 1. If at any time before the duty and authority of a standby guardian appointed under par. (j) 2. begin, the court finds that the findings of the court under par. (f) no longer apply or determines that the determination

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of the court under par. (j) 2. no longer applies, the court may rescind the guardianship order. 2. A person who is appointed as a standby guardian under par. (j) 2. may, at any time before his or her duty and authority as a standby guardian begin, renounce that appointment by executing a written renunciation, filing the renunciation with the court that issued the guardianship order and notifying the petitioner in writing of the renunciation. On compliance with this subdivision, the court shall rescind the guardianship order. 3. A person who is appointed as a standby guardian under par. (j) 2. may, at any time after his or her duty and authority as standby guardian begin, resign that appointment be executing a written resignation, filing the resignation with the court that issued the guardianship order and notifying the petitioner, if living, in writing of that resignation. On compliance with this subdivision, the court may accept the resignation and rescind the guardianship order if the court determines that the resignation and rescission are in the best interests of the child. 4. The petitioner may revoke a standby guardianship ordered under par. (j) 2. at any time before the duty and authority of the standby guardian begin by executing a written revocation, filing the revocation with the court that entered the guardianship order and notifying the standby guardian in writing of the revocation. On compliance with this subdivision, the court shall rescind the guardianship order. 5. The petitioner may revoke a standby guardianship ordered under par. (j) 2. at any time after the duty and authority of the standby guardian begin by executing a written revocation, filing the written revocation with the court that entered the guardianship order and notifying the standby guardian in writing of the revocation. On compliance with this subdivision, the court may rescind the guardianship order if the court determines that rescission of the guardianship order is in the best interests of the child. (3) PARENTAL DESIGNATION. (a) Written designation. A parent may designate a standby guardian for his or her child by means of a written designation signed by the parent in the presence of 2 witnesses 18 years of age or over, neither of whom may be the standby guardian, and by the standby guardian. If a parent is physically unable to sign that written designation, another person 18 years of age or over who is not the standby guardian may sign the written designation on behalf of the parent and at the direction of the parent, in the presence of the parent and 2 witnesses 18 years of age or over, neither of whom may be the standby guardian. (b) Contents of written designation; form. 1. A written designation of a standby guardian shall identify the parent who is making the designation, the child who is the subject of the standby guardianship and the person who is designated to be the standby guardian. The written designation shall also state the duties and authority that the parent wishes the standby guardian to exercise and shall indicate that the parent intends for the duty and authority of standby guardian to begin on the parent’s incapacity, death, or debilitation and consent under par. (c) 3. to the beginning of the duty and authority of the standby guardian, or on whichever occurs first. A parent may designate an alternate standby guardian in the same written designation and in the same manner as the parent designates the standby guardian. 2. A written designation of a standby guardian complies with this subsection if the written designation substantially conforms to the following form: DESIGNATION OF STANDBY GUARDIAN I, .... (name and address of parent), being of sound mind, do hereby designate .... (name and address of standby guardian) as standby guardian of the person and estate of my child(ren) .... (name(s), birth date(s) and address(es) of child(ren)).

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(You may, if you wish, provide that the duty and authority of the standby guardian shall extend only to the person, or only to the estate, of your child(ren), by crossing out “person and” or “and estate”, whichever is inapplicable, above.) The duty and authority of the standby guardian shall begin on one of the following events, whichever occurs first: 1. I die. 2. My doctor determines that I am mentally incapacitated, and thus unable to care for my child(ren). 3. My doctor determines that I am physically debilitated, and thus unable to care for my child(ren), and I consent in writing, before 2 witnesses, to the standby guardian’s duty and authority taking effect. If the person I designate above is unwilling or unable to act as standby guardian for my child(ren), I hereby designate .... (name and address of alternate standby guardian) as standby guardian for my child(ren). I also understand that the duty and authority of the standby guardian designated above will end 180 days after the day on which that duty and authority begin if the standby guardian does not petition the court within those 180 days for an order appointing him or her as standby guardian. I understand that I retain full parental rights over my child(ren) even after the beginning of the standby guardianship, that I may revoke the standby guardianship at any time before the standby guardianship begins, that I may revoke the standby guardianship at any time after the standby guardianship begins, subject to the approval of the court, and that the standby guardianship will be suspended on my recovery or remission from my incapacity or debilitation. Signature.... Date .... STATEMENT OF WITNESSES I declare that the person whose name appears above signed this document in my presence, or was physically unable to sign the document and asked another person 18 years of age or over to sign the document, who did so in my presence, and that I believe the person whose name appears above to be of sound mind. I further declare that I am 18 years of age or over and that I am not the person designated as standby guardian or alternate standby guardian. Witness No. 1: (print) Name .... Date .... Address .... Signature .... Witness No. 2: (print) Name .... Address .... Signature ....

Date ....

STATEMENT OF STANDBY GUARDIAN AND ALTERNATE STANDBY GUARDIAN I .... (name and address of standby guardian), and I, .... (name and address of alternate standby guardian), understand that .... (name of parent) has designated me to be the standby guardian or alternate standby guardian of the person and estate (cross out “person and” or “and estate”, if inapplicable) of his or her child(ren) if he or she dies, becomes mentally incapacitated, or becomes physically debilitated and consents, to my duty and authority taking effect. I hereby declare that I am willing and able to undertake the duty and authority of standby guardianship and I understand that within 180 days after that duty and authority begin I must petition the court for an order appointing me as standby guardian. I further understand that .... (name of parent) retains full parental rights over his or her child(ren) even after the

beginning of the standby guardianship, that he or she may revoke the standby guardianship at any time before the standby guardianship begins, that he or she may revoke the standby guardianship at any time after the standby guardianship begins, subject to the approval of the court, and that the standby guardianship will be suspended on his or her recovery or remission from his or her incapacity or debilitation. Standby guardian’s signature .... Date .... Address .... Alternate standby guardian’ signature .... Date .... Address .... 3. A written designation of a standby guardian may also contain a consent to that designation that substantially conforms to the following form and that shall be completed if the child’s other parent can be located: CONSENT TO DESIGNATION OF STANDBY GUARDIAN I, .... (name and address of other parent), being of sound mind, do hereby consent to the designation by .... (name of designating parent) of .... (name of standby guardian) as standby guardian, and of .... (name of alternate standby guardian) as alternate standby guardian, of the person and estate (cross out “person and” or “and estate”, if inapplicable) of my child(ren) .... (name(s), birth date(s) and address(es) of child(ren)). I also consent to the terms and conditions of the standby guardianship stated above and I understand that I retain full parental rights over my child(ren) even after the beginning of the standby guardianship and that I may revoke my consent to the standby guardianship at any time. Signature .... Date .... STATEMENT OF WITNESSES I declare that the person whose name appears above signed this document in my presence, or was physically unable to sign the document and asked another person 18 years of age or over to sign the document, who did so in my presence, and that I believe the person whose name appears above to be of sound mind. I further declare that I am 18 years of age or over and that I am not the person designated as standby guardian or alternate standby guardian. Witness No. 1: (print) Name .... Date .... Address .... Signature .... Witness No. 2: (print) Name .... Date .... Address .... Signature .... (c) Commencement of duty and authority of designated standby guardian. 1. If a written designation under par. (a) indicates that the parent intends for the duty and authority of the standby guardian to begin on the parent’s incapacity, the duty and authority of the standby guardian shall begin on the receipt by the standby guardian of a copy of a determination of incapacity under sub. (4). 2. If a written designation under par. (a) indicates that the parent intends for the duty and authority of the standby guardian to begin on the parent’s death, the duty and authority of the standby guardian shall begin on the receipt by the standby guardian of a copy of a certificate of the parent’s death. 3. If a written designation under par. (a) indicates that the parent intends for the duty and authority of the standby guardian to begin on the parent becoming debilitated and consenting to the beginning of the standby guardianship, the duty and authority of

May 22, 2026, are designated by NOTES. (Published 5-22-26)

the standby guardian shall begin on the receipt by the standby guardian of a copy of a determination of debilitation under sub. (4) and a copy of the parent’s written consent to the beginning of that duty and authority signed by the parent in the presence of 2 witnesses, neither of whom may be the standby guardian, and by the standby guardian. If the parent is physically unable to sign that written consent, another person 18 years of age or over who is not the standby guardian may sign the written consent on behalf of the parent and at the direction of the parent, in the presence of the parent and 2 witnesses, neither of whom may be the standby guardian. 4. Subject to par. (d) 2., the standby guardian shall file a petition under par. (e) for judicial appointment as standby guardian of the child within 180 days after the date on which the standby guardianship begins. If the standby guardian fails to file that petition within those 180 days, the standby guardian’s duty and authority shall end 180 days after the date on which the standby guardianship began. If the standby guardian files the petition after the expiration of those 180 days, the duty and authority of the standby guardian shall begin again on the date on which the petition is filed. (d) Suspension of duty and authority of designated standby guardian. 1. The duty and authority of a standby guardian designated under par. (a) shall be suspended on the receipt by the standby guardian of a copy of a determination of recovery or remission under sub. (5). 2. If the standby guardian receives a determination of recovery or remission under subd. 1. before the standby guardian files the petition under par. (e), the standby guardian need not file the petition under par. (e). 3. If the standby guardian receives a determination of recovery or remission under subd. 1. after the standby guardian files the petition under par. (e), but before the standby guardian is judicially appointed under par. (g), the standby guardian shall file that determination with the court with which the petition is filed by the time of the next hearing on the petition or within 7 days after the date on which the standby guardian receives that determination, whichever is sooner. On compliance with this subdivision, the court shall dismiss the petition. If the standby guardian fails to file that determination with that court within those 7 days, the court may rescind the guardianship. 4. If the standby guardian receives a determination of recovery or remission under subd. 1. after the standby guardian is judicially appointed under par. (g), the standby guardian shall file that determination with the court that entered the guardianship order within 90 days after the date on which the standby guardian receives that determination. If the standby guardian fails to file that determination with that court within those 90 days, the court may rescind the guardianship order. 5. The duty and authority of a standby guardian that are suspended under subd. 1. shall begin again as provided in par. (c). (e) Petition for judicial appointment. A petition for judicial appointment as standby guardian of a child under this subsection shall be in the same form as a petition under sub. (2) (b) and shall set forth with specificity the information specified in sub. (2) (b) 1. to 4. and 7. to 11. The petition shall also contain a statement that the parent has become incapacitated, has died, or has become debilitated and has consented to the beginning of the duty and authority of the standby guardian. In addition, the petition shall be accompanied by the following documentation: 1. The written designation under par. (a) signed or consented to by each parent of the child or, if a parent cannot with reasonable diligence be located or has refused to consent to the designation, the written designation under par. (a) signed by one parent and a statement of the efforts made to find the other parent or of

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the fact that the other parent has refused to consent to the designation. 2. A copy of the determination of incapacity received under par. (c) 1., the certificate of death received under par. (c) 2. or the determination of debilitation and written consent received under par. (c) 3. 3. If the petition is filed by a person who has been designated as an alternate standby guardian, a statement that the person designated as standby guardian is unwilling or unable to act as standby guardian and the factual basis for that statement. (f) Procedure for judicial appointment. 1. The petitioner shall cause the petition and notice of the time and place of the plea hearing under subd. 2. to be served on all of the persons specified in sub. (2) (c) 1. a. to f. and on the parent who has made the written designation under par. (a), if living. Service shall be made in the manner provided in sub. (2) (c) 2. 2. The court shall hold a plea hearing, a fact-finding hearing and a dispositional hearing in the manner provided in sub. (2) (d) to (g) and shall enter a dispositional order as provided in sub. (2) (j) and (k) 1., except that at the fact-finding hearing any party may present evidence relevant to the issues specified in par. (g), and at the conclusion of that hearing the court shall immediately proceed to a dispositional hearing, unless an adjournment is requested, if the court finds by clear and convincing evidence that the conditions specified in par. (g) have been met. (g) Required findings by court. The court shall appoint a person to be a standby guardian under this subsection if, after making the following findings by clear and convincing evidence, the court determines that the appointment is in the best interests of the child: 1. That the person was designated as standby guardian in accordance with pars. (a) and (b). 2. That the standby guardian has received a determination of incapacity, a death certificate, or a determination of debilitation and written consent, as provided in par. (c) 1., 2. or 3., whichever is applicable. 3. That the child has no parent who is willing and able to exercise the duty and authority of guardianship. 4. That, if a parent cannot be located, the petitioner has made diligent efforts to locate that parent or, if a parent has refused to consent to the designation of the standby guardian, the consent was unreasonably withheld. 5. That, if the petitioner is a person designated as an alternate standby guardian, the person designated as standby guardian is unwilling or unable to act as standby guardian. (h) Dispositional factors. In determining the appropriate disposition under par. (g), the best interests of the child shall be the prevailing factor to be considered by the court. In making a decision about the appropriate disposition, the court shall consider all of the following: 1. Whether the person designated as standby guardian or alternate standby guardian would be a suitable guardian of the child. 2. The willingness and ability of the person designated as standby guardian or alternate standby guardian to serve as the child’s guardian. 3. The wishes of the child. (i) Appearance by parent. If the parent who has made a written designation under par. (a) is medically unable to appear at a hearing specified in par. (f) 2., the court may dispense with the parent’s appearance, except on the motion of a party and for good cause shown. (j) Revocation by parent. 1. A parent who has made a written designation under par. (a) may, at any time before the filing of a

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petition under par. (e), revoke a standby guardianship created under this subsection by executing a written revocation and notifying the standby guardian in writing of the revocation, making a subsequent written designation under par. (a) or verbally revoking the standby guardianship in the presence of 2 witnesses. 2. After a petition under par. (e) has been filed but before the standby guardian has been judicially appointed under par. (g), a parent who has made a written designation under par. (a) may revoke a standby guardianship created under this subsection by executing a written revocation, filing the revocation with the court with which the petition has been filed and notifying the standby guardian in writing of the revocation. On compliance with this subdivision, the court may dismiss the petition and rescind the guardianship if the court determines that dismissal of the petition and rescission of the guardianship are in the best interests of the child. 3. After the standby guardian has been judicially appointed under par. (g), a parent who has made a written designation under par. (a) may revoke a standby guardianship created under this subsection by executing a written revocation, filing the revocation with the court that entered the guardianship order and notifying the standby guardian in writing of the revocation. On compliance with this subdivision, the court may rescind the guardianship order if the court determines that rescission of the guardianship order is in the best interests of the child. (k) Renunciation of designation. 1. A person whom a parent has designated as a standby guardian under par. (a) may, at any time before the filing of a petition under par. (e), renounce that designation by executing a written renunciation and notifying the parent, if living, in writing of that renunciation. 2. After a petition under par. (e) has been filed, but before the standby guardian has been judicially appointed under par. (g), a person whom a parent has designated as a standby guardian under par. (a) may renounce that designation by executing a written renunciation, filing the renunciation with the court with which the petition has been filed and notifying the parent, if living, in writing of that renunciation. On compliance with this subdivision, the court may accept the renunciation and rescind the guardianship order if the court finds that the renunciation and rescission are in the best interests of the child. 3. A person who has been judicially appointed as a standby guardian under par. (g) may, at any time after that appointment, resign that appointment by executing a written resignation, filing the resignation with the court that entered the guardianship order and notifying the parent who designated the person as a standby guardian under par. (a), if living, in writing of that resignation. On compliance with this subdivision, the court may accept the resignation and rescind the guardianship order if the court determines that the resignation and rescission are in the best interests of the child. (4) DETERMINATION OF INCAPACITY OR DEBILITATION. (a) In general. 1. A determination of incapacity or debilitation under this section shall be in writing, shall be made to a reasonable degree of medical certainty by an attending physician and shall contain the opinion of the attending physician regarding the cause and nature of the parent’s incapacity or debilitation and the extent and probable duration of the incapacity or debilitation. 2. If a standby guardian’s identity is known to an attending physician making a determination of incapacity or debilitation, the attending physician shall provide a copy of the determination of incapacity or debilitation to the standby guardian. (b) On request of standby guardian. If requested by a standby guardian, an attending physician shall make a determination regarding a parent’s incapacity or debilitation for purposes of this section.

Updated 23-24 Wis. Stats. 178 (c) Information to be provided to parent. On receipt of a determination of a parent’s incapacity, a standby guardian shall inform the parent of all of the following, if the parent is able to comprehend that information: 1. That a determination of incapacity has been made and, as a result, the duty and authority of the standby guardian have begun. 2. That the parent may revoke the standby guardianship in accordance with sub. (2) (n) 5. or (3) (j) 1., 2. or 3., whichever is applicable. (5) DETERMINATION OF RECOVERY OR REMISSION. (a) In general. 1. A determination that a parent has recovered or is in remission from his or her incapacity or debilitation shall be in writing, shall be made to a reasonable degree of medical certainty by an attending physician and shall contain the opinion of the attending physician regarding the extent and probable duration of the recovery or remission. 2. If a standby guardian’s identity is known to an attending physician making a determination of recovery or remission, the attending physician shall provide a copy of the determination of recovery or remission to the standby guardian. (b) On request of standby guardian. If requested by a standby guardian, an attending physician shall make a determination regarding a parent’s recovery or remission for purposes of this section. (6) PARENTAL RIGHTS; DUTY AND AUTHORITY OF STANDBY GUARDIAN. (a) Parental rights. The beginning of the duty and authority of a standby guardian under sub. (2) or (3) does not, in itself, divest a parent of any parental rights. (b) Duties and authority of guardian. 1. Unless limited under subd. 2., a standby guardian appointed under sub. (2) or designated under sub. (3) shall have all of the duties and authority specified in s. 48.023. 2. The court may order or a parent may provide that the duties and authority of a standby guardian appointed under sub. (2) or designated under sub. (3) be limited. The duties and authority of a limited standby guardian shall be as specified by the order of appointment under sub. (2) (j) 2. or the written designation under sub. (3) (a). All provisions of the statutes concerning the duties and authority of a guardian shall apply to a limited standby guardian appointed under sub. (2) or designated under sub. (3) to the extent those provisions are relevant to the duties or authority of the limited standby guardian, except as limited by the order of appointment or written designation. (7) RELATIONSHIP TO OTHER GUARDIANSHIP PROCEDURES. (a) Except when a different right, remedy, or procedure is provided under this section, the rights, remedies, and procedures provided in s. 48.9795 or ch. 54, whichever is applicable, shall govern a standby guardianship created under this section. (b) This section does not abridge the duties or authority of a guardian appointed under s. 48.9795, ch. 54, or ch. 880, 2003 stats. (c) Nothing in this section prohibits an individual from petitioning a court for the appointment of a guardian of the person under s. 48.9795 or a guardian of the estate under ch. 54. History: 1997 a. 334; 2005 a. 130, 387; 2007 a. 96; 2009 a. 94; 2019 a. 109; 2021 a. 240 s. 30.

48.979 Delegation of power by parent. (1) (a) A parent who has legal custody of a child, by a power of attorney that is properly executed by all parents who have legal custody of the child, may delegate to an agent, as provided in par. (am), any of his or her powers regarding the care and custody of the child, except the power to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child,

May 22, 2026, are designated by NOTES. (Published 5-22-26)

the termination of parental rights to the child, or the enlistment of the child in the U.S. armed forces. A delegation of powers under this paragraph does not deprive the parent of any of his or her powers regarding the care and custody of the child. (am) A delegation of powers to an agent under par. (a) may remain in effect for no longer than one year, except that such a delegation may remain in effect for longer than one year if the delegation is to a relative of the child or the delegation is approved by the court as provided in sub. (1m). (b) If a delegation of powers to an agent under par. (a) is facilitated by an entity, as defined in s. 48.685 (1) (b), that entity shall obtain the information specified in s. 48.685 (2) (b) with respect to the proposed agent and any nonclient resident, as defined in s. 48.685 (1) (bm), of the proposed agent. Subject to s. 48.685 (5), if that information indicates that the proposed agent may not be a contractor, as defined in s. 48.685 (1) (ar), of the entity or that a nonclient resident of the proposed agent may not be permitted to reside with the proposed agent for a reason specified in s. 48.685 (4m) (b) 1. to 5., the entity may not facilitate a delegation of powers to the proposed agent under par. (a). The entity shall provide the department of health services with information about each person who is denied a delegation of powers or permission to reside under this paragraph for a reason specified in s. 48.685 (4m) (b) 1. to 5. (bm) A parent may not delegate under par. (a) his or her powers regarding the care and custody of a child who is subject to the jurisdiction of the court under s. 48.13, 48.14, 938.12, 938.13, or 938.14 unless the court approves the delegation. (c) A parent who has legal custody of a child may not place the child in a foster home, group home, shelter care facility, or inpatient treatment facility by means of a delegation of powers under par. (a). Those placements may be made only by means of a court order or as provided in s. 48.63 or 51.13. (d) A delegation of powers under par. (a) does not prevent or supersede any of the following: 1. An agency, a sheriff, or a police department from receiving and investigating a report of suspected or threatened abuse or neglect of the child under s. 48.981. 2. The child from being taken into and held in custody under ss. 48.19 to 48.21 or 938.19 to 938.21. 3. An intake worker from conducting an intake inquiry under s. 48.24 or 938.24. 4. A court from exercising jurisdiction over the child under s. 48.13 or 938.13. (dm) A delegation of powers under par. (a) regarding the care and custody of an Indian child for any length of time is subject to the requirements of s. 48.028 (5) (a). A delegation of powers under par. (a) regarding the care and custody of an Indian child for longer than one year is also subject to the requirements of s. 48.028 (3) (c), (4) (a), and (7) (a), (c), (e), and (f). (e) A parent who has delegated his or her powers regarding the care and custody of a child under par. (a) may revoke that delegation at any time by executing a written revocation and notifying the agent in writing of the revocation. A written revocation invalidates the delegation of powers except with respect to acts already taken in reliance on the delegation of powers. (1m) (a) A parent who wishes a delegation of powers under sub. (1) (a) to an agent who is not a relative of the child to remain in effect for longer than one year, the agent to whom the parent wishes to delegate those powers, or an organization that is facilitating that delegation shall file a petition with the court requesting the court’s approval of that delegation. The petition shall be entitled “In the interest of .... (child’s name), a person under the age of 18.” The petitioner shall attach a draft copy of the power of at-

CHILDREN’S CODE

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torney delegating those powers to the petition and shall state in the petition all of the following: 1. The name, address, and date of birth of the child who is the subject of the delegation of powers and whether the child has been adopted. 2. The names and addresses of the parents of the child. 3. The name and address of the person nominated as agent and the relationship of the agent to the child. 4. Whether the parent wishes to delegate to the agent full parental power regarding the care and custody of the child or partial parental power regarding the care and custody of the child and, if the parent wishes to delegate partial parental power, the specific powers that the parent wishes to delegate and any limitations on those powers. 5. The proposed term of the delegation of powers, the reasons for the delegation of powers, and whether the parent proposes to provide any support to the agent during that term. If so, the petition shall indicate the amount of that support. 6. Facts and circumstances showing that the delegation of powers would be in the best interests of the child and that the person nominated as agent is fit, willing, and able to exercise those powers. 7. If the delegation of powers is being facilitated by an entity, as defined in s. 48.685 (1) (b), facts and circumstances showing that the entity has complied with sub. (1) (b) and is permitted under sub. (1) (b) to facilitate that delegation. 8. The information required under s. 822.29 (1) and whether the child is subject to the jurisdiction of the court under s. 48.13, 48.14, 938.12, 938.13, or 938.14. 9. Whether the proceedings are subject to the Uniform Child Custody Jurisdiction and Enforcement Act under ch. 822. 10. Whether the child may be subject to s. 48.028 or 938.028 or the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the child may be subject to those sections or that act, the names and addresses of the child’s Indian custodian, if any, and Indian tribe, if known. (b) Except as provided in par. (bm), the court shall hold a hearing on a petition filed under par. (a) within 45 days after the filing of the petition. The petitioner shall cause the petition and notice of the time and place of the hearing to be served at least 10 days before the time of the hearing on the child, if 12 years of age or over; the child’s guardian ad litem and counsel, if any; the parents of the child; the person nominated as agent; any guardian, legal custodian, and physical custodian of the child; any organization that is facilitating the delegation of power; and, if the child is an Indian child, the Indian child’s Indian custodian, if any, and tribe, if known. The petition and notice shall be served in person or by 1st class mail. The petition and notice are considered to be served by proof of personal service, by proof that the petition and notice were mailed to the last-known address of the recipient, or, if the recipient is an adult, by the written admission of service of the person served. (bm) If the petitioner knows or has reason to know that the child is an Indian child, service under par. (b) to the Indian child’s parent, Indian custodian, and tribe shall be provided in the manner specified in s. 48.028 (4) (a). No hearing may be held under par. (c) until at least 10 days after receipt of service by the Indian child’s parent, Indian custodian, and tribe or, if the identity or location of the Indian child’s parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of service by the U.S. secretary of the interior. On request of the Indian child’s parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing. (c) At the hearing the court shall first determine whether any

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CHILDREN’S CODE

party wishes to contest the petition. If the petition is not contested, the court shall immediately proceed to a fact-finding and dispositional hearing, unless an adjournment is requested. If the petition is contested or if an adjournment is requested, the court shall set a date for a fact-finding and dispositional hearing that allows reasonable time for the parties to prepare but is no more than 30 days after the initial hearing. At the fact-finding and dispositional hearing, any party may present evidence and argument relating to the allegations in the petition. (d) In determining the appropriate disposition of a petition filed under par. (a), the best interests of the child shall be the prevailing factor to be considered by the court. The court shall also consider whether the person nominated as agent would be fit, willing, and able to exercise the powers to be delegated, the reasons for the delegation of powers, the amount of support that the parent is willing and able to provide to the agent during the term of the delegation of powers, and, if the child is an Indian child, the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. (e) At the conclusion of the fact-finding and dispositional hearing, the court shall grant one of the following dispositions, unless the court adjourns the hearing under par. (f): 1. A disposition dismissing the petition if the court finds that the petitioner has not proved the allegations in the petition by clear and convincing evidence or determines that approval of the proposed delegation of powers is not in the best interests of the child. 2. A disposition approving the proposed delegation of powers, if the court finds that the petitioner has proved the allegations in the petition by clear and convincing evidence and determines that the proposed delegation of powers is in the best interests of the child. The disposition may also designate an amount of support to be paid by the child’s parents to the agent. If the court approves the proposed delegation of powers, the parent and the person nominated as agent may execute a power of attorney delegating those powers as approved by the court. (f) If at the conclusion of the fact-finding and dispositional hearing the court finds that the petitioner has proved the allegations in the petition by clear and convincing evidence, but that the person nominated as agent is not fit, willing, and able to serve as agent or that appointment of that person as agent would not be in the best interests of the child, the court may, in lieu of granting a disposition dismissing the petition under par. (e) 1., adjourn the hearing for not more than 30 days and request the petitioner or any other party to nominate a different person as agent. (g) Any person who delegates his or her powers regarding the care and custody of a child to a person who is not a relative of the child for longer than one year without first obtaining the approval of the court as provided in this subsection is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both. (2) A power of attorney complies with sub. (1) (a) if the power of attorney substantially conforms to the following form: POWER OF ATTORNEY DELEGATING PARENTAL POWER AUTHORIZED BY s. 48.979, Wis. Stats. NAME(S) OF CHILD(REN) This power of attorney is for the purpose of providing for the care and custody of: Name, address, and date of birth of child .... Name, address, and date of birth of child .... Name, address, and date of birth of child ....

Updated 23-24 Wis. Stats. 180 DELEGATION OF POWER TO AGENT I, .... (name and address of parent), state that I have legal custody of the child(ren) named above. (Only a parent who has legal custody may use this form.) A parent may not use this form to delegate parental powers regarding a child who is subject to the jurisdiction of the juvenile court under s. 48.13, 48.14, 938.12, 938.13, or 938.14, Wis. Stats. I delegate my parental power to: Name of agent .... Agent’s address .... Agent’s telephone number(s) .... Agent’s e-mail address .... Relationship of agent to child(ren) .... The parental power I am delegating is as follows: FULL (Check if you want to delegate full parental power regarding the care and custody of the child(ren) named above.) .... Full parental power regarding the care and custody of the child(ren) named above PARTIAL (Check each subject over which you want to delegate your parental power regarding the child(ren) named above.) .... The power to consent to all health care; or .... The power to consent to only the following health care: .... Ordinary or routine health care, excluding major surgical procedures, extraordinary procedures, and experimental treatment .... Emergency blood transfusion .... Dental care .... Disclosure of health information about the child(ren) .... The power to consent to educational and vocational services .... The power to consent to the employment of the child(ren) .... The power to consent to the disclosure of confidential information, other than health information, about the child(ren) .... The power to provide for the care and custody of the child(ren) .... The power to consent to the child(ren) obtaining a motor vehicle operator’s license .... The power to travel with the child(ren) outside the state of Wisconsin .... The power to obtain substitute care, such as child care, for the child(ren) .... Other specifically delegated powers or limits on delegated powers (Fill in the following space or attach a separate sheet describing any other specific powers that you wish to delegate or any limits that you wish to place on the powers you are delegating.) .... This delegation of parental powers does not deprive a custodial or noncustodial parent of any of his or her powers regarding the care and custody of the child, whether granted by court order or force of law. THIS DOCUMENT MAY NOT BE USED TO DELEGATE THE POWER TO CONSENT TO THE MARRIAGE OR ADOPTION OF THE CHILD(REN), THE PERFORMANCE OR INDUCEMENT OF AN ABORTION ON OR FOR THE CHILD(REN), THE TERMINATION OF PARENTAL RIGHTS TO THE CHILD(REN), THE ENLISTMENT OF THE CHILD(REN) IN THE U.S. ARMED FORCES OR TO PLACE THE CHILD(REN) IN A FOSTER HOME, GROUP HOME, SHELTER CARE FACILITY, OR INPATIENT TREATMENT FACILITY.

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EFFECTIVE DATE AND TERM OF THIS DELEGATION This Power of Attorney takes effect on .... and will remain in effect until .... If no termination date is given, this Power of Attorney will remain in effect for a period of one year after the effective date, but no longer. If the termination date given is more than one year after the effective date of this Power of Attorney, this Power of Attorney must be approved by the juvenile court. This Power of Attorney may be revoked in writing at any time by a parent who has legal custody of the child(ren) and such a revocation invalidates the delegation of parental powers made by this Power of Attorney, except with respect to acts already taken in reliance on this Power of Attorney. SIGNATURE(S) OF PARENT(S) Signature of parent .... Date .... Parent’s name printed .... Parent’s address .... Parent’s telephone number .... Parent’s e-mail address .... Signature of parent .... Date .... Parent’s name printed .... Parent’s address .... Parent’s telephone number .... Parent’s e-mail address .... WITNESSING OF SIGNATURE(S) (OPTIONAL) State of .... County of .... This document was signed before me on .... (date) by .... (name(s) of parent(s)). Signature of notary .... My commission expires: .... STATEMENT OF AGENT I, .... (name and address of agent), understand that .... (name(s) of parent(s)) has (have) delegated to me the powers specified in this Power of Attorney regarding the care and custody of .... (name(s) of child(ren)). I further understand that this Power of Attorney may be revoked in writing at any time by a parent who has legal custody of .... (name(s) of child(ren)). I hereby declare that I have read this Power of Attorney, understand the powers delegated to me by this Power of Attorney, am fit, willing, and able to undertake those powers, and accept those powers. Agent’s signature .... Date .... APPENDIX (Here the parent(s) may indicate where they may be located during the term of the Power of Attorney if different from the address(es) set forth above.) .... I can be located at: Address(es) .... Telephone number(s) .... E-mail address(es) .... .... Or, by contacting: Name .... Address .... Telephone number .... E-mail address .... .... Or, I cannot be located (3) (a) In this subsection: 1. “Agent” means a person to whom delegation of the care and custody of a child under this section is facilitated by an organization.

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2. “Organization” means an organization that facilitates delegations of the care and custody of children under this section. (b) The department may promulgate rules to implement this section. If the department promulgates those rules, those rules shall include rules establishing all of the following: 1. Training requirements for the staff of an organization, including training in identifying children who have been abused or neglected and the laws and procedures under s. 48.981 governing the reporting of suspected or threatened child abuse or neglect. 2. Screening and assessment requirements for a proposed agent, including a screening of the personal characteristics, health, and finances of the proposed agent and of the physical environment and safety of the proposed agent’s home and, based on that screening, an assessment of the proposed agent’s fitness to provide for the care and custody of the child and ability to meet the child’s needs. The rules promulgated under this subdivision shall prohibit an organization from facilitating a delegation of the care and custody of a child to a proposed agent unless the proposed agent is fit to provide for the care and custody of the child and able to meet the child’s needs. 3. Training requirements for an agent, including the training described in subd. 1. and training in the expectations of an agent specified in subd. 4. 4. The expectations of an agent with respect to the care and custody of the child, including expectations relating to the care, nurturing, protection, training, guidance, and discipline of the child; the provision of food, shelter, education, and health care for the child; cooperation with the child’s parents in coparenting the child; and cooperation with the organization in facilitating visitation and other communications with the child’s parents and in otherwise complying with the expectations of the organization. 5. A requirement that an organization regularly monitor an agent and the child whose care and custody is delegated to the agent and maintain communications with the child’s parents. History: 2011 a. 87; 2013 a. 165 s. 115; 2013 a. 314, 335; 2015 a. 195, 381; 2017 a. 364 s. 49.

48.9795 Appointment of guardian of the person for a child. (1) DEFINITIONS. In this section: (a) “Interested person” means any of the following: 1. For purposes of a petition for guardianship of a child, any of the following: a. The child, if he or she has attained 12 years of age, and the child’s guardian ad litem and counsel, if any. b. The child’s parent, guardian, legal custodian, and physical custodian. c. Any person who has filed a declaration of paternal interest under s. 48.025, who is alleged to the court to be the father of the child, or who may, based on the statements of the mother or other information presented to the court, be the father of the child. d. Any individual who is nominated as guardian or as a successor guardian. e. If the child has no living parent, any individual nominated to act as fiduciary for the child in a will or other written instrument that was executed by a parent of the child. f. If the child is receiving or in need of any public services or benefits, the county department or, in a county having a population of 750,000 or more, the department that is providing the services or benefits, through the district attorney, corporation counsel, or other officials designated under s. 48.09. g. If the child is an Indian child, the Indian child’s Indian custodian and Indian tribe. h. Any other person that the court may require. 2. For purposes of proceedings subsequent to an order for guardianship of a child, any of the following:

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CHILDREN’S CODE

a. The child, if the child has attained 12 years of age, the child’s guardian ad litem, and the child’s counsel. b. The child’s parent and guardian. c. The county of venue, through the district attorney, corporation counsel, or other official designated under s. 48.09, if the county has an interest in the guardianship. d. If the child is an Indian child, the Indian child’s tribe. e. Any other person that the court may require. (b) “Party” means the person petitioning for the appointment of a guardian for a child or any interested person other than a person who is alleged to the court to be the father of the child or who may, based on the statements of the mother or other information presented to the court, be the father of the child. (2) APPOINTMENT; VENUE; NOMINATION; DUTY AND AUTHORITY. (a) Venue. Except as provided under par. (b) 2., venue for guardianship under this section shall be in the child’s county of residence, the county in which the child is physically present, or, if the child is a nonresident, the county in which the petitioner proposes that the child reside. The court may, upon a motion and for good cause shown, transfer the case, along with all appropriate records, to the county in which a dispositional order has been issued under this chapter. (b) Appointment. 1. This section may be used for the appointment of a guardian of the person for a child. An appointment of a guardian of the estate of a child shall be conducted under the procedures specified in ch. 54. If the court assigned to exercise jurisdiction under this chapter has jurisdiction over a proceeding for the appointment of a guardian of the person for a child or continuing jurisdiction over such a guardianship and the court assigned to exercise probate jurisdiction has jurisdiction over a proceeding for the appointment of a guardian of the estate of the child or continuing jurisdiction over such a guardianship, the court assigned to exercise jurisdiction under this chapter may order those proceedings or guardianships to be consolidated under the jurisdiction of the court assigned to exercise jurisdiction under this chapter. Upon such consolidation, the court assigned to exercise jurisdiction under this chapter shall order all records relating to the guardianship of the estate of the child to be transferred to the court assigned to exercise jurisdiction under this chapter and that court shall retain those records as required under SCR chapter 72. This section does not prohibit a person from petitioning a court under s. 48.831, 48.977, or 48.978 for the appointment of a guardian of the person for a child. 2. If the child is the subject of any matter pending under s. 48.13, 48.133, or 48.14 (1) to (10) or (12) or ch. 938, any subsequent petition filed under this section shall be heard by the court authorized to exercise jurisdiction over the pending matter. The court shall stay a guardianship proceeding for the appointment of a full, limited, or temporary guardian of the person for a child under par. (d) 1., 2., or 3. until the matter pending under s. 48.13, 48.133, or 48.14 (1) to (10) or (12) or ch. 938 is resolved. The court may appoint an emergency guardian under sub. (6) while any matter is pending under s. 48.13, 48.133, or 48.14 (1) to (10) or (12) or ch. 938 if the court finds that the best interests of the child require the immediate appointment of a guardian. 3. A petition filed under this section may not seek to change an order under s. 48.13, 48.133, or 48.14 (1) to (10) or (12) or ch. 938. 4. The court may appoint coguardians of the person for a child under this section, subject to any conditions that the court imposes. Unless the court orders otherwise, any decision concerning the child must be concurred in by all coguardians or is void. (c) Nomination by parent or child. 1. A parent may nominate a guardian and successor guardian for any of his or her children

Updated 23-24 Wis. Stats. 182 who is in need of guardianship, including a nomination by will. Subject to the rights of a surviving parent, the court shall appoint the person nominated as guardian or successor guardian, unless the court finds that appointment of the person nominated is not in the child’s best interests. 2. A child who has attained 12 years of age may nominate his or her own guardian, but if the child is outside of the state or if other good reason exists, the court may dispense with the child’s right of nomination. If neither parent of a child who has attained 12 years of age is fit, willing, and able to carry out the duties of a guardian, the court may appoint the nominee of the child. 3. In determining who is appointed as guardian, the court shall consider the nominations of the parents and child and the opinions of the parents and child as to what is in the best interests of the child, but the best interests of the child as determined by the court shall control in making the determination when those nominations and opinions are in conflict with those best interests. (d) Duties and authority of guardian. 1. ‘Full guardianship.’ Subject to subds. 2. and 5., a guardian appointed under sub. (4) (h) 2. has all of the following duties and authority: a. All of the duties and authority specified in s. 48.023. b. Subject to an order of a court of competent jurisdiction, the authority to determine reasonable visitation with the child. c. The right to change the residence of the child from this state to another state. d. The duty to immediately notify the court that appointed the guardian of any change in the address of the guardian or child and to make an annual report to that court on the condition of the child. The report shall include the location of the child, the health condition of the child, and any recommendations regarding the child. 2. ‘Limited guardianship.’ The court may order that the duties and authority of a guardian appointed under sub. (4) (h) 2. be limited. The duties and authority of a limited guardian shall be as specified by the order of appointment under sub. (4) (h) 2. The duties and authority of a full guardian shall apply to a limited guardian to the extent relevant to the duties or authority of the limited guardian, except as limited by the order of appointment. The court may limit the authority of a guardian with respect to any power to allow the parent to retain such power to make decisions as is within the parent’s ability to exercise effectively and may limit the physical custody of a guardian to allow shared physical custody with the parent if shared physical custody is in the best interests of the child. The court shall set an expiration date for a limited guardianship order, which may be extended for good cause shown. 3. ‘Temporary guardianship.’ If it is demonstrated to the court that a child’s particular situation, including the inability of the child’s parent to provide for the care, custody, and control of the child for a temporary period of time, requires the appointment of a temporary guardian, the court may appoint a temporary guardian as provided under sub. (5). 4. ‘Emergency guardianship.’ If it is demonstrated to the court that the welfare of a child requires the immediate appointment of an emergency guardian, the court may appoint an emergency guardian as provided under sub. (6). 5. ‘Powers of guardian.’ The parent retains all rights and duties accruing to the parent as a result of the parent-child relationship that are not assigned to the guardian or otherwise limited by statute or court order. A guardian acting on behalf of a child may exercise only those powers that the guardian is authorized to exercise by statute or court order. The court may authorize a guardian to exercise only those powers that are necessary to provide for the care, custody, and control of the child and to exercise those powers in a manner that is appropriate to the child. This paragraph

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does not abridge the duties and authorities of a guardian appointed under this chapter outside of this section. (3) GUARDIAN AD LITEM. (a) The court shall appoint a guardian ad litem when a petition is filed for appointment of a guardian or termination of a guardianship under this section. Except as provided under sub. (6) (b) 3., the court shall appoint the guardian ad litem as soon as possible and before the initial hearing. The court shall appoint a guardian ad litem when it determines that a hearing for modification is to be held under sub. (9) (b). In a case that is contested, the guardian ad litem may file a motion pursuant to s. 48.235 (8) (b). (b) The guardian ad litem has the duties and responsibilities required under s. 48.235 (3) (a). The guardian ad litem represents the best interests of the child throughout the proceedings but must apply in all court proceedings the applicable standard under sub. (4) (b) 4. to 7. The guardian ad litem shall conduct a diligent investigation sufficient to represent the best interests of the child in court. As appropriate to the circumstances, the investigation may include, personally or through a trained designee, meeting with or observing the child, meeting with the proposed guardian, meeting with interested persons, and visiting the homes of the child and the proposed guardian. The guardian ad litem shall attend all court proceedings relating to the guardianship, present evidence concerning the best interests of the child, if necessary, and make clear and specific recommendations to the court at every stage of the proceedings. (c) To the extent necessary to fulfill the duties and responsibilities required of the guardian ad litem in the proceedings, the guardian ad litem shall inspect reports and records relating to the child and, upon presentation of necessary releases, the child’s family and the proposed guardian, including law enforcement reports and records under ss. 48.396 (1) and 938.396 (1) (a), court records under ss. 48.396 (2) (a) and 938.396 (2), social welfare agency records under ss. 48.78 (2) (a) and 938.78 (2) (a), abuse and neglect reports and records under s. 48.981 (7) (a) 11v., pupil records under s. 118.125 (2) (L), mental health records under s. 51.30 (4) (b) 4., and health care records under s. 146.82 (2) (a) 4. The court shall include in the order appointing the guardian ad litem an order requiring the custodian of any report or record relating to the child specified in this paragraph to permit the guardian ad litem to inspect and copy the report or record on presentation by the guardian ad litem of a copy of the order. (4) PROCEDURES. (a) Petition; who may file. 1. Except as provided in subd. 2., any person, including a child 12 years of age or over on his or her own behalf, may petition for the appointment of a guardian for a child. 2. If there is any matter pending under s. 48.13, 48.133, or 48.14 (1) to (10) or (12) or ch. 938, a petition under this subsection may be filed by any party to the pending matter or any person approved by the court if the petition is consistent with the goal or goals of the child’s permanency plan and does not seek to change the requirements of any preexisting court order issued under s. 48.13, 48.133, or 48.14 (1) to (10) or (12) or ch. 938. (b) Petition; form and content. A petition for guardianship may include an application for protective placement or protective services or both under ch. 55. The petition shall be entitled “In the interest of .... (child’s name), a person under the age of 18” and shall state all of the following, if known to the petitioner: 1. The name, date of birth, and address of the child. 2. The names and addresses of the petitioner, the child’s parents, current guardian, and legal custodian, if any, the proposed guardian, any proposed successor guardians, and all other interested persons. 3. Whether the petitioner is requesting a full guardianship, a

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limited guardianship, a temporary guardianship, or an emergency guardianship. 4. If the petitioner is requesting a full guardianship, the facts and circumstances establishing that the child’s parents are unfit, unwilling, or unable to provide for the care, custody, and control of the child or other compelling facts and circumstances demonstrating that a full guardianship is necessary. 5. If the petitioner is requesting a limited guardianship, the facts and circumstances establishing that the child’s parents need assistance in providing for the care, custody, and control of the child and a statement of the specific duties and authority under sub. (2) (d) sought by the petitioner for the proposed guardian and the specific parental rights and duties that the petitioner seeks to have transferred. 6. If the petitioner is requesting a temporary guardianship, the facts and circumstances establishing that the child’s particular situation, including the inability of the child’s parents to provide for the care, custody, and control of the child for a temporary period of time, requires the appointment of a temporary guardian; the reasons for the appointment of a temporary guardian; and the powers requested for the temporary guardian. 7. If the petitioner is requesting an emergency guardianship, the facts and circumstances establishing that the welfare of the child requires the immediate appointment of an emergency guardian. 8. The facts and circumstances establishing that the proposed guardian is fit, willing, and able to serve as the child’s guardian. 9. The information required under s. 822.29 (1). 10. Whether the child may be subject to s. 48.028 or the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the child may be subject to s. 48.028 or that act, the names and addresses of the child’s Indian custodian, if any, and Indian tribe, if known. 11. If the petitioner knows or has reason to know that the child is an Indian child, reliable and credible information showing that continued custody of the child by the child’s parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1. and that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful and, if the proposed guardianship would change the placement of the child from the home of his or her parent or Indian custodian to a placement outside that home, a statement as to whether the new placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order. 12. Whether the petitioner is aware of any guardianship or other related proceeding involving the child that is pending in another court and, if so, the details of the guardianship, termination of parental rights, or related proceeding. 13. Whether there is any matter pending or the child is subject to a court order under s. 48.13, 48.133, or 48.14 or ch. 938. (c) Service of petition and notice. 1. Except as provided in subd. 3. and sub. (6) (b) 2., the petitioner shall cause the petition and notice of the time and place of the hearing under par. (e) to be served at least 7 days before the time of the hearing upon all interested persons. Failure of the petitioner to provide notice to all interested persons shall deprive the court of jurisdiction unless notice is specifically waived by an interested person or by the court for good cause shown. 2. A notice shall be in writing. A copy of the petition and any other required document shall be attached to the notice. Except as provided in subd. 3. and sub. (6) (b) 2., notice shall be de-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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livered in person or by certified mail. Notice is considered to be given by proof of personal delivery, by proof that the notice was sent by certified mail to the last-known address of the recipient, or, if the recipient is an adult, by the written admission of service of the person served. 3. If the petitioner knows or has reason to know that the child is an Indian child, notice to the Indian child’s parent, Indian custodian, and Indian tribe shall be provided in the manner specified in s. 48.028 (4) (a). No hearing may be held under par. (e) or (f) until at least 10 days after receipt of the notice by the Indian child’s parent, Indian custodian, and Indian tribe or, if the identity or location of the Indian child’s parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child’s parent, Indian custodian, or Indian tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing. (d) Statement by proposed guardian. At least 96 hours before the hearing under par. (e), the proposed guardian shall submit to the court a sworn and notarized statement as to the number of persons for whom the proposed guardian is responsible, whether as a parent, guardian, or legal custodian, as to the proposed guardian’s income, assets, debts, and living expenses, and as to whether the proposed guardian is currently charged with or has been convicted of a crime or has been determined under s. 48.981 (3) (c) to have abused or neglected a child. If the proposed guardian is currently charged with or has been convicted of a crime or has been determined under s. 48.981 (3) (c) to have abused or neglected a child, he or she shall include in the sworn and notarized statement a description of the circumstances surrounding the charge, conviction, or determination. (e) Initial hearing. 1. The initial hearing on a petition for guardianship, other than a petition for emergency guardianship under sub. (6), shall be heard within 45 days after the filing of the petition. At the hearing, the court shall first determine whether any party wishes to contest the petition. If the petition is not contested, the court shall immediately proceed to a fact-finding and dispositional hearing, unless an adjournment is requested. If the petition is contested and all parties consent, the court may proceed immediately to a fact-finding and dispositional hearing. If any party does not consent or if an adjournment is requested, the court shall set a date for a fact-finding and dispositional hearing that allows reasonable time for the parties to prepare but is not more than 30 days after the initial hearing. 2. The proposed guardian and any proposed successor guardian shall be physically present at all hearings unless the court excuses the attendance of either or, for good cause shown, permits attendance by telephone. The child is not required to attend any hearings, but if the child has nominated the proposed guardian, the child shall provide to the guardian ad litem sufficient information for the guardian ad litem to advise the court on whether the nomination is in the best interests of the child. 3. If a man who has been given notice under par. (c) 1. appears at the initial hearing, alleges that he is the father of the child, and states that he wishes to establish the paternity of the child, s. 48.299 (6) applies. The court may order a temporary guardianship under sub. (5) pending the outcome of the paternity proceedings. (f) Fact-finding and dispositional hearing. The court shall hold the fact-finding and dispositional hearing at the time specified or set by the court under par. (e) 1., at which any party may present evidence, including expert testimony, and argument relating to the allegations in the petition. The court shall determine whether the petitioner has proven the allegations in the petition under par. (b) by clear and convincing evidence and shall imme-

Updated 23-24 Wis. Stats. 184 diately proceed to determine the appropriate disposition under par. (h), considering the factors under par. (g). (g) Dispositional factors. In determining the appropriate disposition under par. (h), the court shall consider all of the following: 1. Any nominations made under sub. (2) (c) 1. or 2. and the opinions of the parents and child as to what is in the best interests of the child, but the best interests of the child as determined by the court shall control in making the determination when those nominations and opinions are in conflict with those best interests. 2. Whether the proposed guardian would be fit, willing, and able to serve as the guardian of the child. 3. If the child is an Indian child, the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. 4. Whether appointment of the proposed guardian as the child’s guardian is in the best interests of the child. (h) Disposition. At the conclusion of the hearing under par. (f), the court shall grant one of the following dispositions, unless the court adjourns the hearing under par. (i): 1. A disposition dismissing the petition if the court finds that the petitioner has not proved the allegations in the petition by clear and convincing evidence or determines that appointment of the proposed guardian as the child’s guardian is not in the best interests of the child. Dismissal of a petition under this subdivision does not preclude the court from referring the child to the intake worker for an intake inquiry under s. 48.24 or from acting as an intake worker at the court’s discretion under s. 48.10. 2. A disposition ordering the guardianship and issuing letters of guardianship if the court finds that the petitioner has proved the allegations in the petition by clear and convincing evidence and determines that such an appointment is in the best interests of the child. A dispositional order under this section may not change the placement of a child under the supervision of a court pursuant to s. 48.13, 48.133, or 48.14 (1) to (10) or (12) or ch. 938. The disposition shall include all of the following: a. Whether the appointment is for a full, limited, or temporary guardianship, and, if limited or temporary, the limitations and expiration date of the guardianship. b. If applicable, the amount of support to be paid by the child’s parents. c. If applicable, and subject to sub. (13), reasonable rules of parental visitation. Subject to a court order under this subdivision or sub. (9) or (13), the guardian’s decision regarding visitation is presumed to be in the best interests of the child and, if the court reviews the decision, the petitioner has the burden of proving by clear and convincing evidence that the decision of the guardian is not in the best interests of the child. (i) Adjournment; proposed guardian unfit or not in best interests. If at the conclusion of the hearing under par. (f) the court finds that the petitioner has proved the allegations in the petition, other than the allegation specified in par. (b) 8., by clear and convincing evidence, but that the proposed guardian is not fit, willing, and able to serve as the guardian of the child, or if the court finds that the petitioner has so proved all of the allegations in the petition, but that appointment of the proposed guardian as the child’s guardian is not in the best interests of the child, the court may, in lieu of granting a disposition dismissing the petition under par. (h) 1., adjourn the hearing for not more than 30 days, request the petitioner or any other party to nominate a new proposed guardian, and order the guardian ad litem to report to the court concerning whether the new proposed guardian is fit, willing, and able to serve as the guardian of the child. (5) TEMPORARY GUARDIANSHIPS. (a) Duration and extent of

May 22, 2026, are designated by NOTES. (Published 5-22-26)

authority. The court may appoint a temporary guardian for a child for a period not to exceed 180 days, except that the court may extend this period for good cause shown for one additional 180-day period. The court’s determination and order appointing the temporary guardian shall specify the authority of the temporary guardian, which shall be limited to those acts that are reasonably related to the reasons for the appointment that are specified in the petition for temporary guardianship. The authority of the temporary guardian is limited to the performance of those acts stated in the order of appointment. (b) Procedures for appointment. A petition for the appointment of a temporary guardian shall be heard in the same manner and is subject to the same requirements as provided in this section for the appointment of a full or limited guardian. (c) Cessation of powers. The duties and powers of the temporary guardian cease upon the expiration of the period specified in par. (a), or the termination as determined by the court of the situation of the child that was the cause of the temporary guardianship. Upon cessation of a temporary guardianship, the temporary guardian shall file with the court any report that the court requires. (6) EMERGENCY GUARDIANSHIPS. (a) Duration and extent of authority. The court may appoint an emergency guardian for a child for a period not to exceed 60 days. The court’s determination and order appointing the emergency guardian shall specify the authority of the emergency guardian and shall be limited to those acts that are reasonably related to the reasons for the appointment that are specified in the petition for emergency guardianship. The authority of the emergency guardian is limited to the performance of those acts stated in the order of appointment. An order appointing an emergency guardian may not change the placement of a child under the supervision of a court pursuant to s. 48.13, 48.133, or 48.14 (1) to (10) or (12) or ch. 938. (b) Procedures for appointment. All of the following procedures apply to the appointment of an emergency guardian: 1. Any person may petition for the appointment of an emergency guardian for a child. The petition shall contain the information required under sub. (4) (b) and shall specify the reasons for the appointment of an emergency guardian and the powers requested for the emergency guardian. 2. The petitioner shall give notice of the petition and of the time and place of the hearing under subd. 4. to the child, if 12 years of age or over, the child’s guardian ad litem, and the child’s counsel, if any; the child’s parents, guardian, and legal custodian; and the person nominated as emergency guardian. The notice and a copy of the petition shall be served as soon after the filing of the petition as possible, shall be served by the most practical means possible, including personal service or service by electronic mail or telephone, and shall include notice of the right to petition for reconsideration or modification of the emergency guardianship under subd. 5. If the petitioner serves notice of the hearing after the hearing is conducted and the court has entered an order, the petitioner shall include the court’s order with the notice of the hearing. 3. The court shall appoint a guardian ad litem for the child as soon as possible after the filing of the petition. The court shall attempt to appoint the guardian ad litem before the hearing on the petition, but may appoint the guardian ad litem after the hearing if the court finds that exigent circumstances require the immediate appointment of an emergency guardian. The guardian ad litem shall conduct a diligent investigation sufficient to represent the best interests of the child in court. If the court appoints a guardian ad litem after entry of the order granting the emergency guardianship, the guardian ad litem may petition for reconsidera-

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tion or modification of the emergency guardianship under subd. 5. If the court dismisses the petition for emergency guardianship prior to appointing a guardian ad litem, the court need not appoint a guardian ad litem unless the petition is refiled. 4. The court shall hold a hearing on the emergency guardianship petition as soon as possible after the filing of the petition or, for good cause shown, may issue a temporary order appointing an emergency guardian without a hearing that shall remain in effect until a hearing is held on the emergency guardianship petition. If appointed prior to the hearing, the guardian ad litem shall attend the hearing in person or by telephone. 5. If the court appoints an emergency guardian, any person specified in subd. 2. may petition for reconsideration or modification of the emergency guardianship and the court shall hold a rehearing on the issue of appointment of the emergency guardian within 30 calendar days after the filing of the petition. 6. If the court determines that the welfare of the child does not require the immediate appointment of an emergency guardian, the court may dismiss the petition. Dismissal of a petition under this subdivision does not preclude the court from referring the child to the intake worker for an intake inquiry under s. 48.24 or from acting as an intake worker at the judge’s discretion under s. 48.10. (c) Immunity. An emergency guardian of a child is immune from civil liability for his or her acts or omissions in performing the duties of emergency guardianship if he or she performs the duties in good faith, in the best interests of the child, and with the degree of diligence and prudence that an ordinarily prudent person exercises in his or her own affairs. (d) Cessation of powers. The duties and powers of the emergency guardian cease upon the expiration of the period specified in par. (a), or the termination as determined by the court of the situation of the child that was the cause of the emergency guardianship. Upon cessation of an emergency guardianship, the emergency guardian shall file with the court any report that the court requires. (7) STANDBY GUARDIANSHIP. A petition for the appointment of a standby guardian of the person for a child to assume the duty and authority of guardianship on the incapacity, death, or debilitation and consent, of the child’s parent shall be brought under s. 48.978. (8) SUCCESSOR GUARDIAN. (a) Appointment; initial petition or during guardianship. 1. As part of a petition for the initial appointment of a guardian of a child or at any time after that appointment, a person may petition for the appointment of one or more successor guardians of the child to assume the duty and authority of full, limited, or temporary guardianship in the event of an occurrence specified in subd. 2. Except as provided in par. (b), if the petition for the appointment of a successor guardian is brought after the initial appointment of a guardian, the petition shall be heard in the same manner and subject to the same requirements as provided under this section for an initial appointment of a guardian. 2. After a hearing, the court may designate one or more successor guardians whose appointment shall become effective immediately upon the death, unwillingness or inability to act, resignation, or removal by the court of the initially appointed guardian or during a period, as determined by the initially appointed guardian, when the initially appointed guardian is temporarily unable to fulfill his or her duties, including during an extended vacation or illness. The powers and duties of the successor guardian shall be the same as those of the initially appointed guardian. The successor guardian shall receive a copy of the court order establishing or modifying the initial guardianship and of the order designating the successor guardian. Upon the occur-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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rence of an event specified in this subdivision, the successor guardian shall so notify the court and request the court to issue new letters of guardianship. Upon notification, the court shall issue new letters of guardianship that specify that the successor guardianship is permanent or that specify the period for a temporary successor guardianship. (b) Appointment; when no guardian. 1. If a guardian dies, is removed by order of the court, or resigns and the resignation is accepted by the court, the court, on its own motion or upon petition of any interested person, may appoint a person who is fit, willing, and able to serve as successor guardian. The court may, upon request of any interested person or on its own motion, direct that the petition or motion for the appointment of a successor guardian be heard in the same manner and subject to the same requirements as provided under this section for an initial appointment of a guardian. 2. If the appointment under subd. 1. is made without a hearing, the successor guardian shall provide notice to all interested persons of the appointment and the right to petition for reconsideration of the appointment of the successor guardian. The notice shall be served personally or by mail not later than 7 days after the appointment. (9) MODIFICATION OF GUARDIANSHIP ORDER. (a) Any interested person or other person approved by the court may request a modification of a guardianship order entered under this subsection or sub. (4) (h) 2. or the court may, on its own motion, propose such a modification. The request or motion shall set forth in detail the nature of the proposed modification, shall allege facts sufficient to show that there has been a substantial change in circumstances since the last order affecting the guardianship was entered and that the proposed modification would be in the best interests of the child, and shall allege any other information that affects the advisability of the court’s disposition. (b) The court shall hold a hearing on the matter prior to any modification of the guardianship order if the request or motion indicates that new information is available that affects the advisability of the court’s guardianship order, unless written waivers of objections to the modification are signed by all interested persons other than the child and the court approves the waivers. (c) If a hearing is to be held, the person requesting or proposing the modification shall notify all interested persons at least 7 days prior to the hearing of the date, place, and purpose of the hearing. A copy of the request or proposal shall be attached to the notice. The court may order a modification if, at the hearing, the court finds that the person proposing the modification has proved by clear and convincing evidence that there has been a substantial change in circumstances and determines that a modification would be in the best interests of the child. An order for modification under this subsection may not change the placement of a child under the supervision of a court pursuant to s. 48.13, 48.133, or 48.14 (1) to (10) or (12) or ch. 938, other than to modify a guardianship order entered under this section. (10) REVIEW OF CONDUCT OF GUARDIAN. (a) Continuing jurisdiction of court. The court that appointed the guardian of a child has continuing jurisdiction over the guardian. (b) Cause for court action against a guardian. The court may impose a remedy under par. (d) if a guardian of a child does any of the following: 1. Abuses or neglects the child or knowingly permits others to do so. 2. Fails to disclose information specified in sub. (4) (d) that would have prevented appointment of the person as guardian. 3. Fails to follow or comply with the court’s order. 4. Otherwise fails to perform any of his or her duties as a guardian under s. 48.023.

Updated 23-24 Wis. Stats. 186 (c) Procedure. Any interested person or other person approved by the court may file a petition requesting a review of the conduct of a guardian, or the court, on its own motion, may propose such a review. The request or motion shall allege facts sufficient to show cause under par. (b) for the court to impose a remedy under par. (d). The court shall hold a hearing on the request or motion not more than 30 days after the filing of the request or proposal. Not less than 7 days before the date of the hearing, the person requesting or proposing the review shall provide notice of the hearing to the child, his or her parents, the guardian, and any other persons required by the court. A copy of the request or motion shall be attached to the notice. (d) Remedies of the court. If after a hearing the court finds by clear and convincing evidence cause as specified in par. (b) to order a remedy under this paragraph, the court may do any of the following: 1. Remove the guardian. 2. Remove the guardian and appoint a successor guardian. 3. Enter any other order that may be necessary or appropriate to compel the guardian to carry out the guardian’s duties, including an order setting reasonable rules of visitation with the child. 4. Modify the duties and authority of the guardian. 5. Require the guardian to pay any costs of the proceeding, including costs of service and attorney fees, if the court finds that the guardian’s conduct was egregious. (11) TERMINATION OF GUARDIANSHIP. (a) Term of guardianship. A guardianship under this section shall continue until the child attains the age of 18 years unless any of the following occurs: 1. The guardianship is for a lesser period of time and that time has expired. 2. The child marries. 3. The child dies. 4. The child’s residence changes from this state to another state and a guardian is appointed in the new state of residence. 5. The guardian dies, or resigns and the resignation is accepted by the court, and a successor guardian is not appointed. 6. The guardian is removed for cause under sub. (10) (d) 1. and a successor guardian is not appointed. 7. The court terminates the guardianship on the request of a parent of the child or the child under par. (b). 8. The court terminates the guardianship upon the adoption of the child. (b) Termination on request of parent or child. 1. A parent of the child or the child may file a petition requesting that a guardianship order entered under sub. (4) (h) 2., (5), (6), (8), or (9) be terminated. The petition shall allege facts sufficient to show that there has been a substantial change in circumstances since the last order affecting the guardianship was entered, that the parent is fit, willing, and able to carry out the duties of a guardian or that no compelling facts or circumstances exist demonstrating that a guardianship is necessary, and that termination of the guardianship would be in the best interests of the child. 2. The court shall hold a hearing on the petition unless written waivers of objections to termination of the guardianship are signed by all interested persons and the court approves the waivers. 3. If a hearing is to be held, by no less than 7 days before the date of the hearing, the parent or child requesting the termination shall provide notice of the hearing to the child, the child’s parents, the guardian, and any other persons required by the court. A copy of the petition shall be attached to the notice. The court shall terminate the guardianship if the court finds that the peti-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

tioner has proven the allegations in the petition under subd. 1. by a preponderance of the evidence. (12) VISITATION BY A CHILD’S GRANDPARENTS AND STEPPARENTS. (a) In this subsection, “stepparent” means the surviving spouse of a deceased parent of a child, whether or not the surviving spouse has remarried. (b) If one or both parents of a child are deceased and the child is in the custody of the surviving parent or any other person, a grandparent or stepparent of the child may petition for visitation privileges with respect to the child, whether or not the person with custody is married. The grandparent or stepparent may file the petition in a guardianship or temporary guardianship proceeding under this section that affects the child or may file the petition to commence an independent action under this subsection. Except as provided in par. (cm), the court may grant reasonable visitation privileges to the grandparent or stepparent if the surviving parent or other person who has custody of the child has notice of the hearing and if the court determines that visitation is in the best interests of the child. (c) Whenever possible, in making a determination under par. (b), the court shall consider the wishes of the child. (cm) 1. Except as provided in subd. 2., the court may not grant visitation privileges to a grandparent or stepparent under this subsection if the grandparent or stepparent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside, or vacated. 2. Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making the determination. (d) The court may issue any necessary order to enforce a visitation order that is granted under this subsection, and may from time to time modify the visitation privileges or enforcement order for good cause shown. (dm) 1. If a grandparent or stepparent granted visitation privileges with respect to a child under this subsection is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside, or vacated, the court shall modify the visitation order by denying visitation with the child upon petition, motion, or order to show cause by a person having custody of the child, or upon the court’s own motion, and upon notice to the grandparent or stepparent granted visitation privileges. 2. Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making the determination. (e) This subsection applies to every child in this state whose parent or parents are deceased, regardless of the date of death of the parent or parents. (13) PROHIBITING VISITATION IF PARENT KILLS OTHER PARENT. (a) Except as provided in par. (b), a court may not grant to a parent of a child who is the subject of a proceeding under this section visitation rights with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child’s other parent, and the conviction has not been reversed, set aside, or vacated. (b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that visitation would be in the best

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interests of the child. The court shall consider the wishes of the child in making the determination. History: 2019 a. 109 ss. 21, 32, 33; 2021 a. 240 s. 30. An unfit parent’s nomination of a person to serve as guardian of the parent’s children should be weighed by the court. Brezinski v. Barkholtz, 71 Wis. 2d 317, 237 N.W.2d 919 (1976). The adoption of a child of a deceased parent does not terminate the decedent’s parents’ grandparental visitation rights under s. 880.155 [now sub. (12)]. H.F. v. T.F., 168 Wis. 2d 62, 483 N.W.2d 803 (1992). Section 767.24 (5) [now s. 767.41 (5) (am)] sets out an appropriate standard for determining the best interests of a child under s. 880.155 [now sub. (12)]. The court did not exceed its authority under s. 880.155 [now sub. (12)] or violate a parent’s constitutional rights to raise a child by ordering grandparent visitation, nor did the court violate s. 880.155 [now sub. (12)] by ordering a guardian ad litem, mediation, and psychological evaluations. The court was not authorized by s. 880.155 [now sub. (12)] to order psychotherapeutic treatment that was arguably in the child’s best interests but outside the scope of visitation. F.R. v. T.B., 225 Wis. 2d 628, 593 N.W.2d 840 (Ct. App. 1999), 98-0819. A parent’s fundamental liberty interest in the care, custody, and control of a child is not violated if the parent’s nomination of a guardian is not presumed to be in the child’s best interests when the parent is unable to have custody and provide care. The circuit court is to only give the nomination of a surviving parent who is not suitable to be a guardian the weight that the circuit court considers appropriate in light of all the evidence. Anna S. v. Diana M., 2004 WI App 45, 270 Wis. 2d 411, 678 N.W.2d 285, 02-2640. Under former s. 880.03, 2003 stats., in evaluating a petition for a permanent guardianship on behalf of a minor filed by a non-parent when a parent objects, a court must first determine whether the party bringing the guardianship petition has shown that the child is in need of a guardian because there exist extraordinary circumstances requiring medical aid or the prevention of harm. Absent a showing of such extraordinary circumstances or need for a guardian, the court cannot appoint a guardian. Robin K. v. Lamanda M., 2006 WI 68, 291 Wis. 2d 333, 718 N.W.2d 38, 04-0767. In a custody dispute triggered by a petition for guardianship between a birth parent and a non-parent, the threshold inquiry is whether the parent is unfit, unable to care for the child, or there are compelling reasons for awarding custody to the nonparent. Consideration of a minor’s nomination of a guardian presupposes that the need for a guardian has been established. If it is determined that the birth parent is fit and able to care for the child and no compelling reasons exist to appoint a nonparent guardian, the minor’s nomination of a guardian becomes moot. Nicholas C.L. v. Julie R.L., 2006 WI App 119, 293 Wis. 2d 819, 719 N.W.2d 508, 05-1754. Grandparent Visitation Rights. Rothstein. Wis. Law. Nov. 1992. The Effect of C.G.F. and Section 48.925 on Grandparental Visitation Petitions. Hughes. Wis. Law. Nov. 1992. NOTE: The above annotations relate to guardianships under former ch. 880, 2003 stats., prior to the revision of and renumbering of that chapter to ch. 54 by 2005 Wis. Act 387. Under Troxel, 530 U.S. 57 (2000), the due process clause prevents a court from starting with a clean slate when assessing whether grandparent visitation is in the best interests of the child. Within the best interests framework, the court must afford a parent’s decision special weight by applying a rebuttable presumption that the fit parent’s decision regarding grandparent visitation is in the best interest of the child. It is up to the party advocating for nonparental visitation to rebut the presumption by presenting evidence that the offer is not in the child’s best interests. Martin L. v. Julie R.L., 2007 WI App 37, 299 Wis. 2d 768, 731 N.W.2d 288, 06-0199. But see Michels v. Lyons, 2019 WI 57, 387 Wis. 2d 1, 927 N.W.2d 486, 17-1142. Barstad, 118 Wis. 2d 549 (1984), rejected the “best interests” standard in custody disputes between parents and third parties. Barstad has not been quashed by the enactment of ch. 54 [now this section]. A best interests standard that does not consider a parent’s constitutional rights is incomplete. To conclude otherwise, parents would routinely have parental rights stripped from them simply because a third party might be better situated to tend to the needs of the child. Cynthia H. v. Joshua O., 2009 WI App 176, 322 Wis. 2d 615, 777 N.W.2d 664, 08-2456. Section 54.56 [now sub. (12)] is constitutional and does not violate the equal protection clause. Rick v. Opichka, 2010 WI App 23, 323 Wis. 2d 510, 780 N.W.2d 159, 09-0040. The award of overnights and a week during the summer in a grandparent visitation order was not contrary to law for being akin to a physical placement award found in divorce cases. There is no difference between the quantity of “physical placement” as that term is used in s. 767.001 (5) and the quantity of “visitation” as that word is used in s. 54.56 [now sub. (12)]. The proper amount of that time is a decision made by the family court in the best interests of the children. The quantity of time ordered does not depend on whether it is a visitation order or a physical placement order. Rick v. Opichka, 2010 WI App 23, 323 Wis. 2d 510, 780 N.W.2d 159, 09-0040. When children visit their grandparents and stay with them as guests, the grandparents have the responsibility to make routine daily decisions regarding the children’s care but may not make any decisions inconsistent with the major decisions made by a person having legal custody. The same is true of a parent who does not have joint legal custody but does have a right to physical placement. In both instances, the same rules apply: routine daily decisions may be made, but nothing greater. Rick v. Opichka, 2010 WI App 23, 323 Wis. 2d 510, 780 N.W.2d 159, 090040. An Intro to Minor Guardianship Actions. Viney. Wis. Law. Sept. 2014. NOTE: The above annotations relate to guardianships under ch. 54, prior to the creation of this section by 2019 Wis. Act 109.

May 22, 2026, are designated by NOTES. (Published 5-22-26)

48.98

CHILDREN’S CODE SUBCHAPTER XXI MISCELLANEOUS PROVISIONS

48.98 Interstate placement of children. (1) No person may bring a child into this state or send a child out of this state for the purpose of placing the child in foster care or for the purpose of adoption without a certificate from the department that the home is suitable for the child. (2) (a) Any person, except a county department or licensed child welfare agency, who brings a child into this state for the purpose of placing the child in a foster home shall, before the child’s arrival in this state, file with the department a $1,000 noncancelable bond in favor of this state, furnished by a surety company licensed to do business in this state. The condition of the bond shall be that the child will not become dependent on public funds for his or her primary support before the child reaches age 18 or is adopted. (b) By filing the bond required under par. (a), the person filing the bond and the surety submit to the jurisdiction of the court in the county in which the person resides for purposes of liability on the bond, and appoint the clerk of the court as their agent upon whom any papers affecting their bond liability may be served. (c) If upon affidavit of the department it appears to the court that the condition of the bond has been violated, the court shall order the person who filed the bond and the surety to show cause why judgment on the bond should not be entered for the department. If neither the person nor the surety appears for the hearing on the order to show cause, or if the court concludes after the hearing that the condition of the bond has been violated, the court shall enter judgment on the bond for the department against the person who filed the bond and the surety. (d) The department shall periodically bill the person who filed the bond and the surety under s. 49.32 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond. (e) The department may waive the bond requirement under par. (a). (3) The person bringing or sending the child into or out of this state shall report to the department, at least once each year and at any other time required by the department, concerning the location and well-being of the child, until the child is 18 years of age or is adopted. (4) (a) This section applies only to interstate placements of children that are not governed by s. 48.988 or 48.99. (b) Section 48.839 governs the placement of children who are not U.S. citizens and not under agency guardianship who are brought into this state from a foreign jurisdiction for the purpose of adoption. (5) The department may promulgate all rules necessary for the enforcement of this section. History: 1977 c. 354; 1979 c. 32 s. 92 (1); 1981 c. 81; 1985 a. 176; 1985 a. 332 s. 251 (5); 1993 a. 446; 2007 a. 20; 2009 a. 28, 339.

48.981 Abused or neglected children and abused unborn children. (1) DEFINITIONS. In this section: (ag) “Agency” means a county department, the department in a county having a population of 750,000 or more or a licensed child welfare agency under contract with a county department or the department in a county having a population of 750,000 or more to perform investigations under this section. (am) “Caregiver” means, with respect to a child who is the

Updated 23-24 Wis. Stats. 188 victim or alleged victim of abuse or neglect or who is threatened with abuse or neglect, any of the following persons: 1. The child’s parent, grandparent, greatgrandparent, stepparent, brother, sister, stepbrother, stepsister, half brother, or half sister. 2. The child’s guardian. 3. The child’s legal custodian. 4. A person who resides or has resided regularly or intermittently in the same dwelling as the child. 5. An employee of a residential facility or residential care center for children and youth in which the child was or is placed. 6. A person who provides or has provided care for the child in or outside of the child’s home. 7. Any other person who exercises or has exercised temporary or permanent control over the child or who temporarily or permanently supervises or has supervised the child. 8. Any relative of the child other than a relative specified in subd. 1. (b) “Community placement” means probation; extended supervision; parole; aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 residential care center for children and youth or a Type 2 juvenile correctional facility authorized under s. 938.539 (5); conditional release under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the community residential confinement program under s. 301.046, the intensive sanctions program under s. 301.048, community supervision under s. 938.533, the intensive supervision program under s. 938.534, or the serious juvenile offender program under s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health services, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 or any other person under contract with the department of corrections, the department of health services or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or supervision over the offender. (ct) “Indian unborn child” means an unborn child who, when born, may be eligible for affiliation with an Indian tribe in any of the following ways: 1. As a member of the Indian tribe. 2. As a person who is eligible for membership in an Indian tribe and the biological child of a member of an Indian tribe. (cu) “Juvenile correctional officer” means a person employed by the state, a political subdivision of the state, a child welfare agency that is licensed under s. 48.66 (1) (b), or a private entity contracting under s. 938.222 whose principal duty is the supervision of juveniles held in a juvenile detention facility, a juvenile correctional facility, or a secured residential care center for children and youth. (cv) “Member of a religious order” means an individual who has taken vows devoting himself or herself to religious or spiritual principles and who is authorized or appointed by his or her religious order or organization to provide spiritual or religious advice or service. (cx) “Member of the clergy” has the meaning given in s. 765.002 (1) or means a member of a religious order, and includes brothers, ministers, monks, nuns, priests, rabbis, and sisters. (f) “Record” means any document relating to the investigation, assessment and disposition of a report under this section. (g) “Reporter” means a person who reports suspected abuse or neglect or a belief that abuse or neglect will occur under this section.

May 22, 2026, are designated by NOTES. (Published 5-22-26)

(h) “Subject” means a person or unborn child named in a report or record as any of the following: 1. A child who is the victim or alleged victim of abuse or neglect or who is threatened with abuse or neglect. 1m. An unborn child who is the victim or alleged victim of abuse or who is at substantial risk of abuse. 2. A person who is suspected of abuse or neglect or who has been determined to have abused or neglected a child or to have abused an unborn child. (i) “Tribal agent” means the person designated under 25 CFR 23.12 by an Indian tribe to receive notice of involuntary child custody proceedings under the federal Indian Child Welfare Act, 25 USC 1901 to 1963. (2) PERSONS REQUIRED TO REPORT. (a) Any of the following persons who has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or who has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under subs. (2m) and (2r), report as provided in sub. (3): 1. A physician. 1m. A naturopathic doctor. 2. A coroner. 3. A medical examiner. 4. A nurse. 5. A dentist. 6. A chiropractor. 7. An optometrist. 8. An acupuncturist. 9. A medical or mental health professional not otherwise specified in this paragraph. 10. A social worker. 11. A marriage and family therapist. 12. A professional counselor. 13. A public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d). 14. A school teacher. 15. A school administrator. 16. A school counselor. 16m. A school employee not otherwise specified in this paragraph. 17. A mediator under s. 767.405. 18. A child care worker in a child care center, group home, or residential care center for children and youth. 19. A child care provider. 20. An alcohol or other drug abuse counselor. 20m. A genetic counselor. 21. A member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42, or 51.437 or a residential care center for children and youth. 22. A physical therapist. 22m. A physical therapist assistant. 23. An occupational therapist. 24. A dietitian. 25. A speech-language pathologist. 26. An audiologist. 27. An emergency medical services practitioner. 28. An emergency medical responder, as defined in s. 256.01 (4p).

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29. A police or law enforcement officer. 30. A juvenile correctional officer. (b) A court-appointed special advocate who has reasonable cause to suspect that a child seen in the course of activities under s. 48.236 (3) has been abused or neglected or who has reason to believe that a child seen in the course of those activities has been threatened with abuse and neglect and that abuse or neglect of the child will occur shall, except as provided in subs. (2m) and (2r), report as provided in sub. (3). (bm) 1. Except as provided in subd. 3. and subs. (2m) and (2r), a member of the clergy shall report as provided in sub. (3) if the member of the clergy has reasonable cause to suspect that a child seen by the member of the clergy in the course of his or her professional duties: a. Has been abused, as defined in s. 48.02 (1) (b) to (f); or b. Has been threatened with abuse, as defined in s. 48.02 (1) (b) to (f), and abuse of the child will likely occur. 2. Except as provided in subd. 3. and subs. (2m) and (2r), a member of the clergy shall report as provided in sub. (3) if the member of the clergy has reasonable cause, based on observations made or information that he or she receives, to suspect that a member of the clergy has done any of the following: a. Abused a child, as defined in s. 48.02 (1) (b) to (f). b. Threatened a child with abuse, as defined in s. 48.02 (1) (b) to (f), and abuse of the child will likely occur. 3. A member of the clergy is not required to report child abuse information under subd. 1. or 2. that he or she receives solely through confidential communications made to him or her privately or in a confessional setting if he or she is authorized to hear or is accustomed to hearing such communications and, under the disciplines, tenets, or traditions of his or her religion, has a duty or is expected to keep those communications secret. Those disciplines, tenets, or traditions need not be in writing. (c) Any person not otherwise specified in par. (a), (b), or (bm), including an attorney, who has reason to suspect that a child has been abused or neglected or who has reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may report as provided in sub. (3). (d) Any person, including an attorney, who has reason to suspect that an unborn child has been abused or who has reason to believe that an unborn child is at substantial risk of abuse may report as provided in sub. (3). (e) No person making a report under this subsection in good faith may be discharged from employment, disciplined or otherwise discriminated against in regard to employment, or threatened with any such treatment for so doing. (2m) EXCEPTION TO REPORTING REQUIREMENT; HEALTH CARE SERVICES. (a) The purpose of this subsection is to allow children to obtain confidential health care services. (b) In this subsection: 1. “Health care provider” means a physician, as defined under s. 448.01 (5), a naturopathic doctor, as defined under s. 466.01 (5), a physician assistant, as defined under s. 448.971 (2), or a nurse holding a license under s. 441.06 (1) or a license under s. 441.10. 2. “Health care service” means family planning services, as defined in s. 253.07 (1) (b), 1995 stats., pregnancy testing, obstetrical health care or screening, diagnosis and treatment for a sexually transmitted disease. (c) Except as provided under pars. (d) and (e), the following persons are not required to report as suspected or threatened abuse, as defined in s. 48.02 (1) (b), sexual intercourse or sexual contact involving a child:

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1. A health care provider who provides any health care service to a child. 4. A person who obtains information about a child who is receiving or has received health care services from a health care provider. (d) Any person described under par. (c) 1. or 4. shall report as required under sub. (2) if he or she has reason to suspect any of the following: 1. That the sexual intercourse or sexual contact occurred or is likely to occur with a caregiver. 2. That the child suffered or suffers from a mental illness or mental deficiency that rendered or renders the child temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions. 3. That the child, because of his or her age or immaturity, was or is incapable of understanding the nature or consequences of sexual intercourse or sexual contact. 4. That the child was unconscious at the time of the act or for any other reason was physically unable to communicate unwillingness to engage in sexual intercourse or sexual contact. 5. That another participant in the sexual contact or sexual intercourse was or is exploiting the child. (e) In addition to the reporting requirements under par. (d), a person described under par. (c) 1. or 4. shall report as required under sub. (2) if he or she has any reasonable doubt as to the voluntariness of the child’s participation in the sexual contact or sexual intercourse. (2r) EXCEPTION TO REPORTING REQUIREMENT; PERSON DELEGATED PARENTAL POWERS. A person delegated care and custody of a child under s. 48.979 is not required to report as provided in sub. (3) any suspected or threatened abuse or neglect of the child as required under sub. (2) (a), (b), or (bm) or (2m) (d) or (e). Such a person who has reason to suspect that the child has been abused or neglected or who has reason to believe that the child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may report as provided in sub. (3). (3) REPORTS; INVESTIGATION. (a) Referral of report. 1. A person required to report under sub. (2) shall immediately inform, by telephone or personally, the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department or the sheriff or city, village, or town police department of the facts and circumstances contributing to a suspicion of child abuse or neglect or of unborn child abuse or to a belief that abuse or neglect will occur. 2. The sheriff or police department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department all of the following types of cases reported to the sheriff or police department: a. Cases in which a caregiver is suspected of abuse or neglect or of threatened abuse or neglect of a child. b. Cases in which a caregiver is suspected of facilitating or failing to take action to prevent the suspected or threatened abuse or neglect of a child. bm. Cases in which a person who is not a caregiver is suspected of abuse, as defined in s. 48.02 (1) (cm) or (d), of a child. c. Cases in which it cannot be determined who abused or neglected or threatened to abuse or neglect a child. d. Cases in which there is reason to suspect that an unborn child has been abused or there is reason to believe that an unborn child is at substantial risk of abuse. 2d. Except when referral is required under subd. 2. bm., the

Updated 23-24 Wis. Stats. 190 sheriff or police department may refer to the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department a case reported to the sheriff or police department in which a person who is not a caregiver is suspected of abuse or of threatened abuse of a child. 2g. The county department, department, or licensed child welfare agency may require that a subsequent report of a case referred under subd. 2. or 2d. be made in writing. 3. Except as provided in sub. (3m), a county department, the department, or a licensed child welfare agency under contract with the department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to the sheriff or police department all cases of suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), reported to it. For cases of suspected or threatened abuse, as defined in s. 48.02 (1) (a), (am), (g), or (gm), or neglect, each county department, the department, and a licensed child welfare agency under contract with the department shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities. 4. If the report is of suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), the sheriff or police department and the county department, department, or licensed child welfare agency under contract with the department shall coordinate the planning and execution of the investigation of the report. (b) Duties of local law enforcement agencies. 1. Any person reporting under this section may request an immediate investigation by the sheriff or police department if the person has reason to suspect that the health or safety of a child or of an unborn child is in immediate danger. Upon receiving such a request, the sheriff or police department shall immediately investigate to determine if there is reason to believe that the health or safety of the child or unborn child is in immediate danger and take any necessary action to protect the child or unborn child. 2. If the investigating officer has reason under s. 48.19 (1) (c) or (cm) or (d) 5. or 8. to take a child into custody, the investigating officer shall take the child into custody and deliver the child to the intake worker under s. 48.20. 2m. If the investigating officer has reason under s. 48.193 (1) (c) or (d) 2. to take the adult expectant mother of an unborn child into custody, the investigating officer shall take the adult expectant mother into custody and deliver the adult expectant mother to the intake worker under s. 48.203. 3. If the sheriff or police department determines that criminal action is necessary, the sheriff or police department shall refer the case to the district attorney for criminal prosecution. Each sheriff and police department shall adopt a written policy specifying the kinds of reports of suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), that the sheriff or police department will routinely refer to the district attorney for criminal prosecution. (bm) Notice of report to Indian tribal agent. In a county that has wholly or partially within its boundaries a federally recognized Indian reservation or a bureau of Indian affairs service area for the Ho-Chunk tribe, if a county department that receives a report under par. (a) pertaining to a child or unborn child knows or has reason to know that the child is an Indian child who resides in the county or that the unborn child is an Indian unborn child whose expectant mother resides in the county, the county department shall provide notice, which shall consist only of the name and address of the Indian child or expectant mother and the fact that a report has been received about that Indian child or Indian unborn child, within 24 hours to one of the following: 1. If the county department knows with which Indian tribe the child is affiliated, or with which Indian tribe the Indian un-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

born child, when born, may be eligible for affiliation, and the Indian tribe is a Wisconsin Indian tribe, the tribal agent of that tribe. 2. If the county department does not know with which Indian tribe the child is affiliated, or with which Indian tribe the Indian unborn child, when born, may be eligible for affiliation, or the child or expectant mother is not affiliated with a Wisconsin Indian tribe, the tribal agent serving the reservation or Ho-Chunk service area where the child or expectant mother resides. 3. If neither subd. 1. nor 2. applies, any tribal agent serving a reservation or Ho-Chunk service area in the county. (c) Duties of county departments. 1. a. Immediately after receiving a report under par. (a), the agency shall evaluate the report to determine whether there is reason to suspect that a caregiver has abused or neglected the child, has threatened the child with abuse or neglect, or has facilitated or failed to take action to prevent the suspected or threatened abuse or neglect of the child or that a person who is not a caregiver has committed or threatened abuse, as defined in s. 48.02 (1) (cm) or (d), of the child. Except as provided in sub. (3m), if the agency determines that a caregiver is suspected of abuse or neglect, of threatened abuse or neglect, or of facilitating or failing to take action to prevent the suspected or threatened abuse or neglect of the child; determines that a person who is not a caregiver has committed or threatened abuse, as defined in s. 48.02 (1) (cm) or (d), of the child; or cannot identify an individual who is suspected of abuse or neglect or of threatened abuse or neglect of the child, within 24 hours after receiving the report the agency shall, in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child is in need of protection or services. Except when initiating an investigation is required under this subd. 1. a., if the agency determines that a person who is not a caregiver is suspected of abuse or of threatened abuse, the agency may, in accordance with that authority, initiate a diligent investigation to determine if the child is in need of protection or services. Within 24 hours after receiving a report under par. (a) of suspected unborn child abuse, the agency, in accordance with that authority, shall initiate a diligent investigation to determine if the unborn child is in need of protection or services. An investigation under this subd. 1. a. shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations. b. If the investigation is of a report of child abuse or neglect or of threatened child abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not disclose who is suspected of the child abuse or neglect and in which the investigation does not disclose who abused or neglected the child, the investigation shall also include observation of or an interview with the child, or both, and, if possible, an interview with the child’s parents, guardian, or legal custodian. If the investigation is of a report of child abuse or neglect or threatened child abuse or neglect by a caregiver who continues to reside in the same dwelling as the child, the investigation shall also include, if possible, a visit to that dwelling. At the initial visit to the child’s dwelling, the person making the investigation shall identify himself or herself and the agency involved to the child’s parents, guardian, or legal custodian. The agency may contact, observe, or interview the child at any location without permission from the child’s parent, guardian, or legal custodian if necessary to determine if the child is in need of protection or services, except that the person making the investigation may enter a child’s dwelling only with permission from the child’s parent, guardian,

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or legal custodian or after obtaining a court order permitting the person to do so. 2. a. If the person making the investigation is an employee of the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department and he or she determines that it is consistent with the child’s best interest in terms of physical safety and physical health to remove the child from his or her home for immediate protection, he or she shall take the child into custody under s. 48.08 (2) or 48.19 (1) (c) and deliver the child to the intake worker under s. 48.20. b. If the person making the investigation is an employee of a licensed child welfare agency which is under contract with the county department and he or she determines that any child in the home requires immediate protection, he or she shall notify the county department of the circumstances and together with an employee of the county department shall take the child into custody under s. 48.08 (2) or 48.19 (1) (c) and deliver the child to the intake worker under s. 48.20. 2m. a. If the person making the investigation is an employee of the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department and he or she determines that it is consistent with the best interest of the unborn child in terms of physical safety and physical health to take the expectant mother into custody for the immediate protection of the unborn child, he or she shall take the expectant mother into custody under s. 48.08 (2), 48.19 (1) (cm) or 48.193 (1) (c) and deliver the expectant mother to the intake worker under s. 48.20 or 48.203. b. If the person making the investigation is an employee of a licensed child welfare agency which is under contract with the county department and he or she determines that any unborn child requires immediate protection, he or she shall notify the county department of the circumstances and together with an employee of the county department shall take the expectant mother of the unborn child into custody under s. 48.08 (2), 48.19 (1) (cm) or 48.193 (1) (c) and deliver the expectant mother to the intake worker under s. 48.20 or 48.203. 2r. If an agency initiates an investigation under subd. 1. a. pertaining to a child or unborn child and the agency knows or has reason to know that a parent of the child or unborn child is a member of the U.S. armed forces, a reserve component of the U.S. armed forces, or the Wisconsin national guard, the agency shall provide notice to the appropriate authorities of the U.S. department of defense as soon as practicable after initiating the investigation. The notice shall consist only of the name and address of the child or expectant mother and the fact that an investigation has been initiated about that child or unborn child. 3. If the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department determines that a child, any member of the child’s family or the child’s guardian or legal custodian is in need of services or that the expectant mother of an unborn child is in need of services, the county department, department or licensed child welfare agency shall offer to provide appropriate services or to make arrangements for the provision of services. If the child’s parent, guardian or legal custodian or the expectant mother refuses to accept the services, the county department, department or licensed child welfare agency may request that a petition be filed under s. 48.13 alleging that the child who is the subject of the report or any other child in the home is in need of protection or services or that a petition be filed under s. 48.133 alleging that the unborn child who is the subject of the report is in need of protection or services. 4. The county department or, in a county having a population

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of 750,000 or more, the department or a licensed child welfare agency under contract with the department shall determine, within 60 days after receipt of a report that the county department, department, or licensed child welfare agency investigates under subd. 1., whether abuse or neglect has occurred or is likely to occur. The determination shall be based on a preponderance of the evidence produced by the investigation. A determination that abuse or neglect has occurred may not be based solely on the fact that the child’s parent, guardian, or legal custodian in good faith selects and relies on prayer or other religious means for treatment of disease or for remedial care of the child. In making a determination that emotional damage has occurred, the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department shall give due regard to the culture of the subjects. This subdivision does not prohibit a court from ordering medical services for the child if the child’s health requires it. 5. The agency shall maintain a record of its actions in connection with each report it receives. The record shall include a description of the services provided to any child and to the parents, guardian or legal custodian of the child or to any expectant mother of an unborn child. The agency shall update the record every 6 months until the case is closed. 5m. The county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department may include in a determination under subd. 4. a determination that a specific person has abused or neglected a child. If the county department, department, or licensed child welfare agency makes an initial determination that a specific person has abused or neglected a child, the county department, department, or licensed child welfare agency shall provide that person with an opportunity for a review of that initial determination in accordance with rules promulgated by the department before the county department, department, or licensed child welfare agency may make a final determination that the person has abused or neglected a child. Within 5 days after the date of a final determination that a specific person has abused or neglected a child, the county department, department, or licensed child welfare agency shall notify the person in writing of the determination, the person’s right to a contested case hearing on the determination under ch. 227, and the procedures under subd. 5p. by which the person may receive that hearing. 5p. A person who is the subject of a final determination under subd. 5m. that the person has abused or neglected a child has the right to a contested case hearing on that determination under ch. 227. To receive that hearing, the person must send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the notice under subd. 5m. of the determination. The department shall commence the hearing within 90 days after receipt of the request for the hearing, unless the hearing is rescheduled on the request of the person requesting the hearing or the contested case proceeding is held in abeyance as provided in this subdivision, and shall issue a final decision within 60 days after the close of the hearing. Judicial review of the final administrative decision following the hearing may be had by any party to the contested case proceeding as provided in ch. 227. The person presiding over a contested case proceeding under this subdivision may hold the hearing in abeyance pending the outcome of any criminal proceedings or any proceedings under s. 48.13 based on the alleged abuse or neglect or the outcome of any investigation that may lead to the filing of a criminal complaint or a petition under s. 48.13 based on the alleged abuse or neglect. 5r. Within 15 days after a final determination is made under subd. 5m. that a specific person has abused or neglected a child or, if a contested case hearing is held on such a determination,

Updated 23-24 Wis. Stats. 192 within 15 days after a final decision is made under subd. 5p. determining that a specific person has abused or neglected a child, the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department shall provide the subunit of the department that administers ss. 48.685 and 48.686 with information about the person who has been determined to have abused or neglected the child. 6. The agency shall, within 60 days after it receives a report from a person required under sub. (2) to report, inform the reporter what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report. 6m. If a person who is not required under sub. (2) to report makes a report and is a relative of the child, other than the child’s parent, or is a relative of the expectant mother of the unborn child, that person may make a written request to the agency for information regarding what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report. An agency that receives a written request under this subdivision shall, within 60 days after it receives the report or 20 days after it receives the written request, whichever is later, inform the reporter in writing of what action, if any, was taken to protect the health and welfare of the child or unborn child, unless a court order prohibits that disclosure, and of the duty to keep the information confidential under sub. (7) (e) and the penalties for failing to do so under sub. (7) (f). The agency may petition the court ex parte for an order prohibiting that disclosure and, if the agency does so, the time period within which the information must be disclosed is tolled on the date the petition is filed and remains tolled until the court issues a decision. The court may hold an ex parte hearing in camera and shall issue an order granting the petition if the court determines that disclosure of the information would not be in the best interests of the child or unborn child. 7. The county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department shall cooperate with law enforcement officials, courts of competent jurisdiction, tribal governments and other human services agencies to prevent, identify and treat child abuse and neglect and unborn child abuse. The county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department shall coordinate the development and provision of services to abused and neglected children, to abused unborn children to families in which child abuse or neglect has occurred, to expectant mothers who have abused their unborn children, to children and families when circumstances justify a belief that abuse or neglect will occur and to the expectant mothers of unborn children when circumstances justify a belief that unborn child abuse will occur. 8. Using the format prescribed by the department, each county department shall provide the department with information about each report that the county department receives or that is received by a licensed child welfare agency that is under contract with the county department and about each investigation that the county department or a licensed child welfare agency under contract with the county department conducts. Using the format prescribed by the department, a licensed child welfare agency under contract with the department shall provide the department with information about each report that the child welfare agency receives and about each investigation that the child welfare agency conducts. The department shall use the information to monitor services provided by county departments or licensed child welfare agencies under contract with county departments or the department. The department shall use nonidentifying information to maintain statewide statistics on child abuse and neglect and on

May 22, 2026, are designated by NOTES. (Published 5-22-26)

unborn child abuse, and for planning and policy development purposes. 9. The agency may petition for child abuse restraining orders and injunctions under s. 48.25 (6). (cm) Contract with licensed child welfare agencies. A county department may contract with a licensed child welfare agency to fulfill the county department’s duties specified under par. (c) 1., 2. b., 2m. b., 5., 5r., 6., 6m., and 8. The department may contract with a licensed child welfare agency to fulfill the department’s duties specified under par. (c) 1., 2. a., 2m. a., 3., 4., 5., 5m., 5r., 6., 6m., 7., 8., and 9. in a county having a population of 750,000 or more. The confidentiality provisions specified in sub. (7) shall apply to any licensed child welfare agency with which a county department or the department contracts. (cr) Contracts to perform child protective services. With the approval of the department, a county department may contract with one or more county departments or the department in a county having a population of 750,000 or more under s. 66.0301 to fulfill the county department’s duties under this subsection and sub. (3m). (d) Independent investigation. 1. In this paragraph, “agent” includes a foster parent or other person given custody of a child or a human services professional employed by a county department under s. 51.42 or 51.437 or by a child welfare agency who is working with a child or an expectant mother of an unborn child under contract with or under the supervision of the department in a county having a population of 750,000 or more or a county department under s. 46.22. 2. If an agent or employee of an agency required to investigate under this subsection is the subject of a report, or if the agency determines that, because of the relationship between the agency and the subject of a report, there is a substantial probability that the agency would not conduct an unbiased investigation, the agency shall, after taking any action necessary to protect the child or unborn child, notify the department. Upon receipt of the notice, the department, in a county having a population of less than 750,000 or a county department or child welfare agency designated by the department in any county shall conduct an independent investigation. If the department designates a county department under s. 46.22, 46.23, 51.42, or 51.437, that county department shall conduct the independent investigation. If a licensed child welfare agency agrees to conduct the independent investigation, the department may designate the child welfare agency to do so. The powers and duties of the department or designated county department or child welfare agency making an independent investigation are those given to county departments under par. (c). (3d) NOTIFICATION OF A REPORT. An agency that receives a report under sub. (3) of conduct that constitutes a violation of s. 948.098 shall notify the department of public instruction of the alleged violation including the name of the person alleged and the name of the school district or school at which the person works or volunteers. (3m) ALTERNATIVE RESPONSE PILOT PROGRAM. (a) In this subsection, “substantial abuse or neglect” means abuse or neglect or threatened abuse or neglect that under the guidelines developed by the department under par. (b) constitutes severe abuse or neglect or a threat of severe abuse or neglect and a significant threat to the safety of a child and his or her family. (b) The department shall establish a pilot program under which an agency in a county having a population of 750,000 or more or a county department that is selected to participate in the pilot program may employ alternative responses to a report of abuse or neglect or of threatened abuse or neglect. The department shall select agencies and county departments to participate

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in the pilot program in accordance with the department’s requestfor-proposal procedures and according to criteria developed by the department. Those criteria shall include an assessment of the plan of an agency or county department for involving the community in providing services for a family that is participating in the pilot program and a determination of whether an agency or a county department has an agreement with local law enforcement agencies and the representative of the public under s. 48.09 to ensure interagency cooperation in implementing the pilot program. To implement the pilot program, the department shall provide all of the following: 1. Guidelines for determining the appropriate alternative response to a report of abuse or neglect or of threatened abuse or neglect, including guidelines for determining what types of abuse or neglect or threatened abuse or neglect constitute substantial abuse or neglect. The department need not promulgate those guidelines as rules under ch. 227. 2. Training and technical assistance for an agency or county department that is selected to participate in the pilot program. (c) Immediately after receiving a report under sub. (3) (a), an agency or county department that is participating in the pilot program shall evaluate the report to determine the most appropriate alternative response under subds. 1. to 3. to the report. Based on that evaluation, the agency or county department shall respond to the report as follows: 1. If the agency or county department determines that there is reason to suspect that substantial abuse or neglect has occurred or is likely to occur or that an investigation under sub. (3) is otherwise necessary to ensure the safety of the child and his or her family, the agency or county department shall investigate the report as provided in sub. (3). If in conducting that investigation the agency or county department determines that it is not necessary for the safety of the child and his or her family to complete the investigation, the agency or county department may terminate the investigation and conduct an assessment under subd. 2. If the agency or county department terminates an investigation, the agency or county department shall document the reasons for terminating the investigation and notify any law enforcement agency that is cooperating in the investigation. 2. a. If the agency or county department determines that there is reason to suspect that abuse or neglect, other than substantial abuse or neglect, has occurred or is likely to occur, but that under the guidelines developed by the department under par. (b) there is no immediate threat to the safety of the child and his or her family and court intervention is not necessary, the agency or county department shall conduct a comprehensive assessment of the safety of the child and his or her family, the risk of subsequent abuse or neglect, and the strengths and needs of the child’s family to determine whether services are needed to address those issues assessed and, based on the assessment, shall offer to provide appropriate services to the child’s family on a voluntary basis or refer the child’s family to a service provider in the community for the provision of those services. b. If the agency or county department employs the assessment response under subd. 2. a., the agency or county department is not required to refer the report to the sheriff or police department under sub. (3) (a) 3. or determine by a preponderance of the evidence under sub. (3) (c) 4. that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child. If in conducting the assessment the agency or county department determines that there is reason to suspect that substantial abuse or neglect has occurred or is likely to occur or that an investigation under sub. (3) is otherwise necessary to ensure the safety of the child and his or her family, the agency or county department shall immediately commence an investigation under sub. (3).

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3. If the agency or county department determines that there is no reason to suspect that abuse or neglect has occurred or is likely to occur, the agency or county department shall refer the child’s family to a service provider in the community for the provision of appropriate services on a voluntary basis. If the agency or county department employs the community services response under this subdivision, the agency or county department is not required to conduct an assessment under subd. 2., refer the report to the sheriff or police department under sub. (3) (a) 3., or determine by a preponderance of the evidence under sub. (3) (c) 4. that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child. (d) The department shall conduct an evaluation of the pilot program and, by July 1, 2012, shall submit a report of that evaluation to the governor and to the appropriate standing committees of the legislature under s. 13.172 (3). The evaluation shall assess the issues encountered in implementing the pilot program and the overall operations of the pilot program, include specific measurements of the effectiveness of the pilot program, and make recommendations to improve that effectiveness. Those specific measurements shall include all of the following: 1. The turnover rate of the agency or county department caseworkers providing services under the pilot program. 2. The number of families referred for each type of response specified in par. (c) 1. to 3. 3. The number of families that accepted, and the number of families that declined to accept, services offered under par. (c) 2. and 3. 4. The effectiveness of the evaluation under par. (c) (intro.) in determining the appropriate response under par. (c) 1. to 3. 5. The impact of the pilot program on the number of out-ofhome placements of children by the agencies or county departments participating in the pilot program. 6. The availability of services to address the issues of child and family safety, risk of subsequent abuse or neglect, and family strengths and needs in the communities served under the pilot project. 7g. The rate at which children referred for each type of response specified in par. (c) 1. to 3. are subsequently the subjects of reports of suspected or threatened abuse or neglect. 7m. The satisfaction of families referred for each type of response specified in par. (c) 1. to 3. with the process used to respond to those referrals. 7r. The cost effectiveness of responding to reports of suspected or threatened abuse or neglect in the manner provided under the pilot program. (4) IMMUNITY FROM LIABILITY. (a) Any person or institution doing any of the following in good faith in connection with a report under this section has immunity from any liability, civil or criminal, that results by reason of the action: 1. Participating in the making of a report. 2. Conducting an investigation. 3. Ordering or taking photographs. 4. Ordering, performing, or assisting with medical examinations of a child or of an expectant mother. 5. Otherwise providing information, assistance, or consultation in connection with a report, investigation, or legal intervention. (b) For the purpose of any proceeding, civil or criminal, the good faith of any person reporting under this section shall be presumed. The immunity provided under this subsection does not apply to liability for abusing or neglecting a child or for abusing an unborn child. (5) CORONER’S REPORT. Any person or official required to

Updated 23-24 Wis. Stats. 194 report cases of suspected child abuse or neglect who has reasonable cause to suspect that a child died as a result of child abuse or neglect shall report the fact to the appropriate medical examiner or coroner. The medical examiner or coroner shall accept the report for investigation and shall report the findings to the appropriate district attorney; to the department or, in a county having a population of 750,000 or more, to a licensed child welfare agency under contract with the department; to the county department and, if the institution making the report initially is a hospital, to the hospital. (6) PENALTY. Whoever intentionally violates this section by failure to report as required may be fined not more than $1,000 or imprisoned not more than 6 months or both. (7) CONFIDENTIALITY. (a) All reports made under this section, notices provided under sub. (3) (bm) and (c) 2r., and records maintained by an agency and other persons, officials, and institutions shall be confidential. Reports and records may be disclosed only to the following persons: 1. The subject of a report, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter. 1m. A reporter described in sub. (3) (c) 6m. who makes a written request to an agency for information regarding what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report, unless a court order under sub. (3) (c) 6m. prohibits disclosure of that information to that reporter, except that the only information that may be disclosed is information in the record regarding what action, if any, was taken to protect the health and welfare of the child or unborn child who is the subject of the report. 2. Appropriate staff of an agency or a tribal social services department. 2m. A person authorized to provide or providing intake or dispositional services for the court under s. 48.067, 48.069 or 48.10. 2r. A person authorized to provide or providing intake or dispositional services under s. 938.067, 938.069 or 938.10. 3. A health care provider, as defined in s. 146.81 (1) (a) to (p), for purposes of diagnosis and treatment. 3m. A child’s parent, guardian or legal custodian or the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter. 4. A child’s foster parent or other person having physical custody of the child or a person having physical custody of the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter. 4m. A relative of a child placed outside of his or her home only to the extent necessary to facilitate the establishment of a relationship between the child and the relative or a placement of the child with the relative or to a person provided with the notice under s. 48.21 (5) (e), 48.355 (2) (cm), or 48.357 (2v) (d). In this subdivision, “relative” includes a relative whose relationship is derived through a parent of the child whose parental rights are terminated. 4p. A public or private agency in this state or any other state that is investigating a person for purposes of licensing the person to operate a foster home or placing a child for adoption in the home of the person or for the purposes of conducting a background investigation of an adult congregate care worker, as defined in s. 48.685 (1) (ap). 5. A professional employee of a county department under s. 51.42 or 51.437 who is working with the child or the expectant mother of the unborn child under contract with or under the su-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

pervision of the county department under s. 46.22 or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department. 6. A multidisciplinary child abuse and neglect or unborn child abuse team recognized by the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department. 6m. A person employed by a child advocacy center recognized by the county board, the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department, to the extent necessary to perform the services for which the center is recognized by the county board, the county department, the department or the licensed child welfare agency. 8. A law enforcement officer or law enforcement agency or a district attorney for purposes of investigation or prosecution. 8m. The department of corrections, the department of health services, a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 or any other person under contract with the department of corrections, the department of health services or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 to exercise custody or supervision over a person who is subject to community placement for purposes of investigating or providing services to a person who is subject to community placement and who is the subject of a report. In making its investigation, the department of corrections, department of health services, county department or other person shall cooperate with the agency making the investigation under sub. (3) (c) or (d). 8s. Authorized representatives of the department of corrections, the department of health services, the department of justice, or a district attorney for use in the prosecution of any proceeding or any evaluation conducted under ch. 980, if the reports or records involve or relate to an individual who is the subject of the proceeding or evaluation. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this subdivision. Any representative of the department of corrections, the department of health services, the department of justice, or a district attorney may disclose information obtained under this subdivision for any purpose consistent with any proceeding under ch. 980. 9. A court or administrative agency for use in a proceeding relating to the licensing or regulation of a facility regulated under this chapter. 10. A court conducting proceedings under s. 48.21 or 48.213, a court conducting proceedings related to a petition under s. 48.13, 48.133 or 48.42 or a court conducting dispositional proceedings under subch. VI or VIII in which abuse or neglect of the child who is the subject of the report or record or abuse of the unborn child who is the subject of the report or record is an issue. 10g. A court conducting proceedings under s. 48.21, a court conducting proceedings related to a petition under s. 48.13 (3m) or (10m) or a court conducting dispositional proceedings under subch. VI in which an issue is the substantial risk of abuse or neglect of a child who, during the time period covered by the report or record, was in the home of the child who is the subject of the report or record. 10j. A court conducting proceedings under s. 938.21, a court conducting proceedings relating to a petition under ch. 938 or a court conducting dispositional proceedings under subch. VI of ch. 938 in which abuse or neglect of the child who is the subject of the report or record is an issue. 10m. A tribal court, or other adjudicative body authorized by an Indian tribe to perform child welfare functions, that exercises

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jurisdiction over children and unborn children alleged to be in need of protection or services for use in proceedings in which abuse or neglect of the child who is the subject of the report or record or abuse of the unborn child who is the subject of the report or record is an issue. 10r. A tribal court, or other adjudicative body authorized by an Indian tribe to perform child welfare functions, that exercises jurisdiction over children alleged to be in need of protection or services for use in proceedings in which an issue is the substantial risk of abuse or neglect of a child who, during the time period covered by the report or record, was in the home of the child who is the subject of the report or record. 11. The county corporation counsel or district attorney representing the interests of the public, the agency legal counsel and the counsel or guardian ad litem representing the interests of a child in proceedings under subd. 10., 10g. or 10j. and the guardian ad litem representing the interests of an unborn child in proceedings under subd. 10. 11m. An attorney representing the interests of an Indian tribe in proceedings under subd. 10m. or 10r., of an Indian child in proceedings under subd. 10m. or 10r. or of an Indian unborn child in proceedings under subd. 10m. 11r. A volunteer court-appointed special advocate designated under s. 48.236 (1) or person employed by a court-appointed special advocate program recognized by the chief judge of a judicial administrative district under s. 48.07 (5), to the extent necessary for the court-appointed special advocate to perform the advocacy services specified in s. 48.236 (3) that the court-appointed special advocate was designated to perform in proceedings related to a petition under s. 48.13. 11v. A guardian ad litem for a child who is the subject of a guardianship proceeding under s. 48.9795 to the extent necessary to fulfill the duties and responsibilities required of the guardian ad litem under s. 48.9795 (3). 12. A person engaged in bona fide research, with the permission of the department. Information identifying subjects and reporters may not be disclosed to the researcher. 13. The department, a county department under s. 48.57 (1) (e) or (hm) or a licensed child welfare agency ordered to conduct a screening or an investigation of a stepparent under s. 48.88 (2) (c). 14. A grand jury if it determines that access to specified records is necessary for the conduct of its official business. 14m. A judge conducting proceedings under s. 968.26. 15. A fatality review team established under s. 250.22, a child fatality review team recognized by the county department, or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department. NOTE: Subd. 15. is shown as amended eff. 5-1-27 by 2025 Wis. Act 148. Prior to 5-1-27 it reads: 15. A child fatality review team recognized by the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department.

15g. A citizen review panel established or designated by the department or a county department. 15m. A coroner, medical examiner or pathologist or other physician investigating the cause of death of a child whose death is unexplained or unusual or is associated with unexplained or suspicious circumstances. 17. A federal agency, state agency of this state or any other state or local governmental unit located in this state or any other state that has a need for a report or record in order to carry out its responsibility to protect children from abuse or neglect or to protect unborn children from abuse. (am) Notwithstanding par. (a) (intro.), a tribal agent who re-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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ceives notice under sub. (3) (bm) may disclose the notice to a tribal social services department. (b) Notwithstanding par. (a), either parent of a child may authorize the disclosure of a record for use in a child custody proceeding under s. 767.41 or 767.451 or in an adoption proceeding under s. 48.833, 48.835, 48.837 or 48.839 when the child has been the subject of a report. Any information that would identify a reporter shall be deleted before disclosure of a record under this paragraph. (c) Notwithstanding par. (a), the subject of a report may authorize the disclosure of a record to the subject’s attorney. The authorization shall be in writing. Any information that would identify a reporter shall be deleted before disclosure of a record under this paragraph. (cm) Notwithstanding par. (a), an agency may disclose information from its records for use in proceedings under s. 48.25 (6), 813.122 or 813.125. (cp) Notwithstanding par. (a), an agency may disclose a determination made before January 1, 2015, that a person has abused or neglected a child for purposes of a background check under s. 48.685, 48.686, or 50.065 only if that determination has not been reversed or modified on appeal and may disclose such a determination made on or after January 1, 2015, for those purposes only as provided in sub. (3) (c) 5r. Nothing in this paragraph prevents the disclosure of a report or record as otherwise permitted under this subsection. (cr) 1. In this paragraph: a. “Incident of death or serious injury” means an incident in which a child has died or been placed in serious or critical condition, as determined by a physician, as a result of any suspected abuse or neglect that has been reported under this section or in which a child who has been placed outside the home by a court order under this chapter or ch. 938 is suspected to have committed suicide. b. “Incident of egregious abuse or neglect” means an incident of suspected abuse or neglect that has been reported under this section, other than an incident of death or serious injury, involving significant violence, torture, multiple victims, the use of inappropriate or cruel restraints, exposure of a child to a dangerous situation, or other similar, aggravated circumstances. 2. Notwithstanding par. (a), if an agency that receives a report under sub. (3) has reason to suspect that an incident of death or serious injury or an incident of egregious abuse or neglect has occurred, within 2 working days after determining that such an incident is suspected to have occurred the agency shall provide all of the following information to the subunit of the department responsible for statewide oversight of child abuse and neglect programs: a. The name of the agency and the name of a contact person at the agency. b. Information about the child, including the age of the child. c. The date of the incident and the suspected cause of the death, serious injury, or egregious abuse or neglect of the child. d. A brief history of any reports under sub. (3) received in which the child, a member of the child’s family, or the person suspected of the abuse or neglect was the subject and of any services under this chapter offered or provided to any of those persons. e. A statement of whether the child was residing in his or her home or was placed outside the home when the incident occurred. f. The identity of any law enforcement agency that referred the report of the incident and of any law enforcement agency, district attorney, or other officer or agency to which the report of the incident was referred.

Updated 23-24 Wis. Stats. 196 3. a. Within 2 working days after receiving the information provided under subd. 2., the subunit of the department that received the information shall disclose to the public the fact that the subunit has received the information; whether the department is conducting a review of the incident and, if so, the scope of the review and the identities of any other agencies with which the department is cooperating at that point in conducting the review; whether the child was residing in the home or was placed in an out-of-home placement at the time of the incident; and information about the child, including the age of the child. If the information received is about an incident of egregious abuse or neglect, the subunit of the department shall make the same disclosure to a citizen review panel, as described in par. (a) 15g., and, in a county having a population of 750,000 or more, to the Milwaukee child welfare partnership council. b. Within 90 days after receiving the information provided under subd. 2., the subunit of the department that received the information shall prepare, transmit to the governor and to the appropriate standing committees of the legislature under s. 13.172 (3), and make available to the public a summary report that contains the information specified in subd. 4. or 5., whichever is applicable. That subunit may also include in the summary report a summary of any actions taken by the agency in response to the incident and of any changes in policies or practices that have been made to address any issues raised in the review and recommendations for any further changes in policies, practices, rules, or statutes that may be needed to address those issues. If the subunit does not include those actions or changes and recommended changes in the summary report, the subunit shall prepare, transmit to the governor and to the appropriate standing committees of the legislature under s. 13.172 (3), and make available to the public a report of those actions or changes and recommended changes within 6 months after receiving the information provided under subd. 2. Those committees shall review all summary reports and reports of changes and recommended changes transmitted under this subd. 3. b., conduct public hearings on those reports no less often than annually, and submit recommendations to the department regarding those reports. c. Subdivision 3. a. and b. does not preclude the subunit of the department that prepares the summary report from releasing to the governor, to the appropriate standing committees of the legislature under s. 13.172 (3), or to the public any of the information specified in subd. 4. or 5. before the summary report is transmitted to the governor and to those committees and made available to the public; adding to or amending a summary report if new information specified in subd. 4. or 5. is received after the summary report is transmitted to the governor and to those committees and made available to the public; or releasing to the governor, to those committees, and to the public any information at any time to correct any inaccurate information reported in the news media. 4. If the child was residing in his or her home when the incident of death or serious injury or the incident of egregious abuse or neglect occurred, the summary report under subd. 3. shall contain all of the following: a. Information about the child, including the age, gender, and race or ethnicity of the child, a description of the child’s family, and, if relevant to the incident, a description of any special needs of the child. b. A statement of whether any services under this chapter or ch. 938 were being provided to the child, any member of the child’s family, or the person suspected of the abuse or neglect, or whether any of those persons was the subject of a report being investigated under sub. (3) or of a referral to the agency for services, at the time of the incident and, if so, the date of the last contact

May 22, 2026, are designated by NOTES. (Published 5-22-26)

between the agency providing those services and the person receiving those services. c. A summary of all involvement of the child’s parents and of the person suspected of the abuse or neglect in any incident reported under sub. (3) or in receiving services under this chapter or ch. 938 in the 5 years preceding the date of the incident. d. A summary of any actions taken by the agency with respect to the child, any member of the child’s family, and the person suspected of the abuse or neglect, including any investigation by the agency under sub. (3) of a report in which any of those persons was the subject and any referrals by the agency of any of those persons for services. e. The date of the incident and the suspected cause of the death, serious injury, or egregious abuse or neglect of the child, as reported by the agency under subd. 2. c. f. The findings on which the agency bases its reasonable suspicion that an incident of death or serious injury or an incident of egregious abuse or neglect has occurred, including any material circumstances leading to the death, serious injury, or egregious abuse or neglect of the child. g. A summary of any investigation that has been conducted under sub. (3) of a report in which the child, any member of the child’s family, or the person suspected of the abuse or neglect was the subject and of any services that have been provided to the child and the child’s family since the date of the incident. 5. If the child was placed in an out-of-home placement under this chapter or ch. 938 at the time of the incident of death or serious injury or incident of egregious abuse or neglect, the summary report under subd. 3. shall contain all of the following: a. Information about the child, including the age, gender, and race or ethnicity of the child and, if relevant to the incident, a description of any special needs of the child. b. A description of the out-of-home placement, including the basis for the decision to place the child in that placement. c. A description of all other persons residing in the out-ofhome placement. d. The licensing history of the out-of-home placement, including the type of license held by the operator of the placement, the period for which the placement has been licensed, and a summary of all violations by the licensee of any provisions of licensure under s. 48.70 (1) or rules promulgated by the department under s. 48.67 and of any other actions by the licensee or an employee of the licensee that constitute a substantial failure to protect and promote the health, safety, and welfare of a child. e. The date of the incident and the suspected cause of the death, serious injury, or egregious abuse or neglect of the child, as reported by the agency under subd. 2. c. f. The findings on which the agency bases its reasonable suspicion that an incident of death or serious injury or an incident of egregious abuse or neglect has occurred, including any material circumstances leading to the death, serious injury, or egregious abuse or neglect of the child. 6. A summary report or other release or disclosure of information under subd. 3. may not include any of the following: a. Any information that would reveal the identity of the child who is the subject of the summary report, any member of the child’s family, any member of the child’s household who is a child, or any caregiver of the child. b. Any information that would reveal the identity of the person suspected of the abuse or neglect or any employee of any agency that provided services under this chapter to the child or that participated in the investigation of the incident of death or serious injury or the incident of egregious abuse or neglect. c. Any information that would reveal the identity of a re-

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porter or of any other person who provides information relating to the incident of death or serious injury or the incident of egregious abuse or neglect. d. Any information the disclosure of which would not be in the best interests of the child who is the subject of the summary report, any member of the child’s family, any member of the child’s household who is a child, or any caregiver of the child, as determined by the subunit of the department that received the information, after consultation with the agency that reported the incident of death or serious injury or the incident of egregious abuse or neglect, the district attorney of the county in which the incident occurred, or the court of that county, and after balancing the interest of the child, family or household member, or caregiver in avoiding the stigma that might result from disclosure against the interest of the public in obtaining that information. e. Any information the disclosure of which is not authorized by state law or rule or federal law or regulation. 7. The subunit of the department that prepares a summary report or otherwise transmits, releases, or discloses information under subd. 3. may not transmit the summary report to the governor and to the appropriate standing committees of the legislature under s. 13.172 (3), make the summary report available to the public, or transmit, release, or disclose the information to the governor, to those standing committees, or to the public if the subunit determines that transmitting or making the summary report available or transmitting, releasing, or disclosing the information would jeopardize any of the following: a. Any ongoing or future criminal investigation or prosecution or a defendant’s right to a fair trial. b. Any ongoing or future civil investigation or proceeding or the fairness of such a proceeding. 8. If the department fails to disclose to the governor, to the appropriate standing committees of the legislature under s. 13.172 (3), or to the public any information that the department is required to disclose under this paragraph, any person may request the department to disclose that information. If the person’s request is denied, the person may petition the court to order the disclosure of that information. On receiving a petition under this subdivision, the court shall notify the department, the agency, the district attorney, the child, and the child’s parent, guardian, or legal custodian of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence and hear argument relating to the disclosure of the information. The court shall make an in camera inspection of the information sought to be disclosed and shall order disclosure of the information, unless the court finds that any of the circumstances specified in subd. 6. or 7. apply. 9. Any person acting in good faith in providing information under subd. 2., in preparing, transmitting, or making available a summary report under subd. 3., or in otherwise transmitting, releasing, or disclosing information under subd. 3. is immune from any liability, civil or criminal, that may result by reason of those actions. For purposes of any proceeding, civil or criminal, the good faith of a person in providing information under subd. 2., in preparing, transmitting, or making available a summary report under subd. 3., or in otherwise transmitting, releasing, or disclosing information under subd. 3. shall be presumed. (d) Notwithstanding par. (a), the department may have access to any report or record maintained by an agency under this section. (dm) Notwithstanding par. (a), an agency may enter the content of any report or record maintained by the agency into the statewide automated child welfare information system established under s. 48.47 (7g). (e) A person to whom a report or record is disclosed under

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this subsection may not further disclose it, except to the persons and for the purposes specified in this section. (f) Any person who violates this subsection, or who permits or encourages the unauthorized dissemination or use of information contained in reports and records made under this section, may be fined not more than $1,000 or imprisoned not more than 6 months or both. (8) EDUCATION, TRAINING AND PROGRAM DEVELOPMENT AND COORDINATION. (a) The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 750,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, licensed child welfare agencies under contract with the department or a county department, law enforcement agencies, and the tribal social services departments, persons and officials required to report, the general public, and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect and of unborn child abuse, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation, and coordination in the identification, prevention, and treatment of child abuse and neglect and of unborn child abuse. Programs provided for staff of the department, county departments, and licensed child welfare agencies under contract with county departments or the department whose responsibilities include the investigation or treatment of child abuse or neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 49.165 (1) (a). The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 750,000 or more shall develop public information programs about child abuse and neglect and about unborn child abuse. (b) The department shall to the extent feasible ensure that there are available in the state administrative procedures, personnel trained in child abuse and neglect and in unborn child abuse, multidisciplinary programs and operational procedures and capabilities to deal effectively with child abuse and neglect cases and with unborn child abuse cases. These procedures and capabilities may include, but are not limited to, receipt, investigation and verification of reports; determination of treatment or ameliorative social services; or referral to the appropriate court. (c) In meeting its responsibilities under par. (a) or (b), the department, a county department or a licensed child welfare agency under contract with the department in a county having a population of 750,000 or more may contract with any public or private organization which meets the standards set by the department. In entering into the contracts the department, county department or licensed child welfare agency shall give priority to parental organizations combating child abuse and neglect or unborn child abuse. (d) 1. Each agency staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect or of unborn child abuse shall successfully complete training in child abuse and neglect protective services and in unborn child abuse protective services approved by the department. The training shall include information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 49.165 (1) (a). The department shall monitor compliance with this subdivision according to rules promulgated by the department. 2. Each year the department shall make available training programs that permit intake workers and agency staff members and supervisors to satisfy the requirements under subd. 1. and s.