Transcription of CHAPTER 48
1 children 'S code 1 Updated 15 16 Wis. 2015 16 Wis. Stats. Published and certified under s. June 2, 16 wisconsin Statutes updated through 2017 Wis. Act 367 and all Supreme Court and Controlled Substances BoardOrders effective on or before June 2, 2018. Published and certified under s. Changes effective after June 2, 2018 aredesignated by NOTES. (Published 6 2 18) CHAPTER 48 children S CODESUBCHAPTER IGENERAL and legislative of paternal interest in matters affecting custody child testing IIORGANIZATION OF and place of court; absence or disability of judge; court of ; Menominee and Shawano of for and duties of intake and duties of disposition sources of court of person furnishing services to of the interests of the of the judge to act as intake over children alleged to be in need of protection or over unborn children in need of protection or services and theexpectant mothers of those unborn of children and expectant mothers of unborn children to proceed-ings under CHAPTER 51 or over other matters relating to of other courts to determine legal over petitions for waiver of parental consent to a minor s IVHOLDING A CHILD OR AN EXPECTANT MOTHER IN a child into an adult expectant mother into a newborn child into or delivery of child from or delivery of adult expectant mother from for holding a child or expectant mother in physical where a child or expectant mother may be held in nonsecure for holding a child
2 In a juvenile detention for holding a child in a county for child in for adult expectant mother in young child care in placement; child or expectant mother held in to county pilot ad appointed special of jurisdictional information; intake rights: duty of intake : authorization to ; form and to initiate a procedure to waive parental consent prior to a minor of ; of summons or notice; contribution to cost of court and legal to obey summons; of , psychological, mental or developmental before at upon the involuntary removal of a child or expectant finding , continuances and of child or unborn child of child expectant mother adjudged inneed of protection or of unborn child of adult expectant mother adjudged in need ofprotection or of judgment and of court to in placement; child or expectant mother subject to for for alcohol and other drug abuse for certain special treatment or care of dispositional of out of home of dispositional and to certain information by substitute care consent required prior to abortion; judicial waiver VIIPERMANENCY PLANNING; and prudent parent for transition to independent VIIITERMINATION OF PARENTAL consent to termination of parental for involuntary termination of parental for termination of parental rights; when on the of persons alleging finding report by an and orders; contents and effect; to medical to identifying information about of identifying information by an agency when authorization of in placement; posttermination of parental IXJURISDICTION OVER PERSON 17 OR over persons 17 or applicable to XREHEARING AND evidence.
3 Relief from judgment terminating parental for postdisposition relief and XIPURPOSE, DUTIES, AND AUTHORITY OF of of of for children s community of Indian children to department for family for care of children and adult expectant mothers in care of youth and family youth and family aids; bonus for county intervention and early childhood development futures treatment court grant and other drug abuse screen and assessment 15 16 Wis. children 'S CODEU pdated 2015 16 Wis. Stats. Published and certified under s. June 2, 16 wisconsin Statutes updated through 2017 Wis. Act 367 and all Supreme Court and Controlled Substances BoardOrders effective on or before June 2, 2018. Published and certified under s. Changes effective after June 2, 2018 aredesignated by NOTES. (Published 6 2 18) adoption information exchange and state adoption XIICHILD WELFARE welfare services in counties having populations of less than 750, welfare services in a county having a population of 750,000 or child welfare partnership and family aids over of children and family aids of federal funds for children and family aids and child of children and family aids funds to and duties of department and county departments providing childwelfare care facilities; general supervision and inspection by care facilities; establishment, approval, children s home in populous and XIIICHILD WELFARE welfare agencies and duties of child welfare welfare agency licensing XIVFOSTER of foster homes; of group homes; parent insurance and on of children in out of home care chance XVCHILD CARE care centers licensed.
4 Of child care for child care s right to care center safety alarms in child care care quality rating XVILICENSING PROCEDURES AND REQUIREMENTSFOR CHILD WELFARE AGENCIES, FOSTER HOMES, GROUP HOMES,CHILD CARE CENTERS,AND COUNTY duties of the governing child welfare agencies, child care centers, foster homes,group homes, shelter care facilities, and county of applicant; issuing of history and child abuse record history and child abuse record search; child of and of licensees and school district child care requirements; child care screening, inspection and reduction requirements; child care of department to investigate alleged living arrangements for complaints regarding child welfare agencies and group homes licensed by public licensing agencies and by child against XVIIGENERAL PROVISIONS ON of XVIIICOMMUNITY of the may sponsor XIXADOPTION OF MINORS; may be may related to and of guardian for child without a living parent for of guardianship upon revocation of guardian s license or of children for adoption by the department, county depart-ments, and child welfare of children with relatives or siblings for adoption by the depart-ment, county departments, and child welfare of children with relatives for of children with nonrelatives for adoption of foreign preparation for proposed adoptive required to file recommendation as to of of recommendation by of hearing; of the of adoption petition.
5 Preadoption ; by adoptive or proposed adoptive parents to a birth parent orchild or on behalf of a birth parent or appeals given of rights of certain birth or denial of and guardianship orders of other of guardians for certain children in need of protection or or designation of standby guardian of a of power by XXMISCELLANEOUS placement of or neglected children and abused unborn abuse and neglect prevention abuse and neglect prevention abuse and neglect and unborn child abuse of self supporting compact on the placement of compact on the placement of children : additional from Interstate Compact on the Placement of Compact for the Placement of adoption interstate placements of : 1995 Wis. Act 275, which made major revisions of CHAPTER 48, con-tains extensive explanatory IGENERAL Title and legislative purpose. (1)This CHAPTER maybe cited as The children s code .
6 In construing this CHAPTER , thebest interests of the child or unborn child shall always be of para-mount consideration. This CHAPTER shall be liberally construed toeffectuate the following express legislative purposes:(a) While recognizing that the paramount goal of this chapteris to protect children and unborn children , to preserve the unity ofthe family, whenever appropriate, by strengthening family lifethrough assisting parents and the expectant mothers of unbornchildren, whenever appropriate, in fulfilling their responsibilitiesas parents or expectant mothers. The courts and agencies respon-sible for child welfare, while assuring that a child s health andsafety are the paramount concerns, should assist parents and theexpectant mothers of unborn children in changing any circum-stances in the home which might harm the child or unborn child,which may require the child to be placed outside the home orwhich may require the expectant mother to be taken into courts should recognize that they have the authority, in appro-priate cases, not to reunite a child with his or her family.
7 Thecourts and agencies responsible for child welfare should also rec-ognize that instability and impermanence in family relationshipsare contrary to the welfare of children and should therefore recog-nize the importance of eliminating the need for children to waitunreasonable periods of time for their parents to correct the condi-tions that prevent their safe return to the 'S code 15 16 Wis. 2015 16 Wis. Stats. Published and certified under s. June 2, 16 wisconsin Statutes updated through 2017 Wis. Act 367 and all Supreme Court and Controlled Substances BoardOrders effective on or before June 2, 2018. Published and certified under s. Changes effective after June 2, 2018 aredesignated by NOTES. (Published 6 2 18)(ad) To provide judicial and other procedures through whichchildren and all other interested parties are assured fair hearingsand their constitutional and other legal rights are recognized andenforced, while protecting the public safety.
8 (ag) To recognize that children have certain basic needs whichmust be provided for, including the need for adequate food, cloth-ing and shelter; the need to be free from physical, sexual or emo-tional injury or exploitation; the need to develop physically, men-tally and emotionally to their potential; and the need for a safe andpermanent family. It is further recognized that, under certain cir-cumstances, in order to ensure that the needs of a child, asdescribed in this paragraph, are provided for, the court may deter-mine that it is in the best interests of the child for the child to beremoved from his or her parents, consistent with any applicablelaw relating to the rights of parents.(am) To recognize that unborn children have certain basicneeds which must be provided for, including the need to developphysically to their potential and the need to be free from physicalharm due to the habitual lack of self control of their expectantmothers in the use of alcohol beverages, controlled substances orcontrolled substance analogs, exhibited to a severe degree.
9 It isfurther recognized that, when an expectant mother of an unbornchild suffers from a habitual lack of self control in the use of alco-hol beverages, controlled substances or controlled substance ana-logs, exhibited to a severe degree, in order to ensure that the needsof the unborn child, as described in this paragraph, are providedfor, the court may determine that it is in the best interests of theunborn child for the expectant mother to be ordered to receivetreatment, including inpatient treatment, for that habitual lack ofself control, consistent with any applicable law relating to therights of the expectant mother.(ap) To recognize the compelling need to reduce the harmfulfinancial, societal and emotional impacts that arise and the tre-mendous burdens that are placed on families and the communityand on the health care, social services, educational and criminaljustice systems as a result of the habitual lack of self control ofexpectant mothers in the use of alcohol beverages, controlled sub-stances or controlled substance analogs, exhibited to a severedegree, during all stages of pregnancy.
10 (bg) 1. To ensure that children are protected against the harm-ful effects resulting from the absence of parents or parent substi-tutes, from the inability, other than financial inability, of parentsor parent substitutes to provide care and protection for their chil-dren and from the destructive behavior of parents or parent substi-tutes in providing care and protection for their To ensure that children are provided good substitute paren-tal care in the event of the absence, temporary or permanent inabil-ity, other than financial inability, or unfitness of parents to providecare and protection for their children .(bm) To ensure that unborn children are protected against theharmful effects resulting from the habitual lack of self control oftheir expectant mothers in the use of alcohol beverages, controlledsubstances or controlled substance analogs, exhibited to a severedegree. To effectuate this purpose and the purpose specified inpar.
