938.13 (4), (6), (6m), or (7) is removed from an out-of-home care
May 22, 2026, are designated by NOTES. (Published 5-22-26)
938.028
JUVENILE JUSTICE CODE
placement for the purpose of placing the Indian juvenile in another out-of-home care placement, a preadoptive placement, as defined in s. 48.028 (2) (f), or an adoptive placement, as defined in s. 48.028 (2) (a), the placement shall be made in accordance with this section and s. 48.028. Removal of such an Indian juvenile from an out-of-home care placement for the purpose of returning the Indian juvenile to the home of the parent or Indian custodian from whose custody the Indian juvenile was originally removed is not subject to this section. (8) HIGHER STATE OR FEDERAL STANDARD APPLICABLE. The federal Indian Child Welfare Act, 25 USC 1901 to 1963, supersedes this chapter in any Indian juvenile custody proceeding governed by that act, except that in any case in which this chapter provides a higher standard of protection for the rights of an Indian juvenile’s parent or Indian custodian than the rights provided under that act, the court shall apply the standard under this chapter. History: 1995 a. 352; 2005 a. 344; 2009 a. 94; 2015 a. 373; 2023 a. 119.
SUBCHAPTER II ORGANIZATION OF COURT