Chapter 48, CHILDREN’S CODE

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 t…

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…

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. …

48.275 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 shal…

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 th…

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 t…

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…

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 asses…

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, insuffici…

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 …

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 p…

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…

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 term…

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, …

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 supervisi…

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 s…

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. …

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 …

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 disposit…

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 admissib…

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 c…

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 nee…

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 …

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 rel…

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. 48.35…

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). (b) Any special treatment or ca…

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…

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 cou…

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, unbo…

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 fol…

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. …

48.37 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 ag…

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. 4…

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 reas…

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 consequen…

48.38 Permanency planning. (1) DEFINITIONS. In this section: (a) “Agency” means the department, a county department or a licensed child welfare agency. (ad) “Child” includes a person 18 years of age or over for whom a permanency plan is required under sub. (2). (ag) “Family perma…

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 extracur…

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 supervise…

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’ reco…

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 maintenan…

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 proce…

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 h…

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 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 interes…

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 w…

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 immedia…

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 …

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 …

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 bes…