Wis. Stat. § 48.357 — WI Code / Chapter 48 / Section 48.357
Change in placement; child or expectant mother subject to dispositional order.
Status: in_force

(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, 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.

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 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, 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) , 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 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 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 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. 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.