Wis. Stat. § 48.217 — WI Code / Chapter 48 / Section 48.217
Section 48.217
Status: in_force

(c) 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 intake worker, 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 the temporary physical custody 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 intake worker, 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.

(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.

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.

(a) Prohibition. Except as provided in par. (c) , 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.

(b) Change in placement required. Except as provided in par. (c) , 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 agency primarily responsible for providing services under the temporary physical custody order, or the district attorney or corporation counsel of the county in which that order was entered, or on the court’s own motion, and on notice to the parent.

(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.

(4) Expectant mother; placement outside the home. The court may not change the placement of an expectant mother of an unborn child alleged to be 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) Effective period of order. A change-in-placement order under this section remains in effect until a dispositional order is granted or a consent decree is entered into, the petition under s. 48.25 is withdrawn or dismissed, or the order is modified or terminated by further order of the court.

History: 2015 a. 373 ; 2017 a. 365 s. 111 ; 2021 a. 42 ; 2021 a. 240 s. 30 .