reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.69 - Probationary licenses.

48.69
Probationary licenses.
Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, group home, or child care center that has not been previously issued a license under s. 48.66 (1) (a) applies for a license, meets the minimum requirements for a license established under s. 48.67, and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home, or child care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home, or child care center holding the probationary license and, except as provided under s. 48.715 (6) and (7), if the child welfare agency, shelter care facility, group home, or child care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1) (a). A probationary license issued under this section may be renewed for one 6-month period.
History:  1975 c. 307; 1977 c. 271; 1985 a. 176; 1993 a. 375; 1997 a. 191, 237; 1999 a. 9; 2009 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.70 - Provisions of licenses.

48.70
Provisions of licenses.
(1)
General. Each license shall state the name of the person licensed, the premises included under the license, the maximum number of children who can be received and their age and sex and such additional information and special conditions as the department may prescribe.
(2)
Special provisions for child welfare agency licenses. A license to a child welfare agency shall also specify the kind of child welfare work the agency is authorized to undertake, whether the agency may accept guardianship of children, whether the agency may place children in foster homes, and if so, the area the agency is equipped to serve.
(4)
Special provisions for county departments. Licenses to county departments shall specify whether the county department may accept guardianship of children and place children for adoption.
History:  1973 c. 90; 1975 c. 307; 1977 c. 271; 1985 a. 176; 1993 a. 375, 446; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.72 - Appeal procedure.

48.72
Appeal procedure.
Except as provided in s. 48.715 (6) and (7), any person aggrieved by the department's refusal or failure to issue, renew, or continue a license or by any action taken by the department under s. 48.715 has the right to an administrative hearing provided for contested cases in ch. 227. To receive an administrative hearing under ch. 227, the aggrieved person shall send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the department's refusal or failure to issue, renew, or continue a license or the department's action taken under s. 48.715. The department shall hold an administrative hearing under s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department's decision may be had by any party in the contested case as provided in ch. 227.
History:  1991 a. 275; 1993 a. 375; 1997 a. 27, 191, 237; 2005 a. 293.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.73 - Inspection of licensees and school district child care programs.

48.73
Inspection of licensees and school district child care programs.
The department may visit and inspect each child welfare agency, foster home, group home, and child care center licensed by the department and each entity certified by the department under s. 48.675, and for that purpose shall be given unrestricted access to the premises described in the license or certification. The department may visit and inspect each child care program established or contracted for under s. 120.13 (14) that receives payment under s. 49.155 for the child care provided, and for that purpose shall be given unrestricted access to the premises used for the child care program.
History:  1979 c. 300; 1993 a. 446; 2009 a. 28, 185; 2017 a. 59; 2021 a. 42.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.735 - Immunization requirements; child care centers.

48.735
Immunization requirements; child care centers.
The department, after notice to a child care center licensee, may suspend, revoke, or refuse to continue a child care center license in any case in which the department finds that there has been a substantial failure to comply with the requirements of s. 252.04.
History:  1989 a. 120; 1993 a. 27; 1997 a. 27; 2009 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.737 - Lead screening, inspection and reduction requirements; child care centers.

48.737
Lead screening, inspection and reduction requirements; child care centers.
The department, after notice to a child care provider certified under s. 48.651, or a child care center that holds a license under s. 48.65 or a probationary license under s. 48.69, may suspend, revoke, or refuse to renew or continue a license or certification in any case in which the department finds that there has been a substantial failure to comply with any rule promulgated under s. 254.162, 254.168, or 254.172.
History:  1993 a. 450, 491; 1997 a. 27; 2009 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.74 - Authority of department to investigate alleged violations.

48.74
Authority of department to investigate alleged violations.
Whenever the department is advised or has reason to believe that any person is violating any of the provisions of ss. 48.60, 48.62, 48.625 or 48.65, it shall make an investigation to determine the facts. For the purposes of this investigation, it shall have authority to inspect the premises where the violation is alleged to occur. If it finds that the person is violating any of the specified sections, it may either issue a license if the person is qualified or may institute a prosecution under s. 48.76.
History:  1979 c. 300.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.743 - Community living arrangements for children.

48.743
Community living arrangements for children.
(1)
In this section, “community living arrangement for children" means a residential care center for children and youth or a group home.
(2)
Community living arrangements for children shall be subject to the same building and housing ordinances, codes, and regulations of the municipality or county as similar residences located in the area in which the facility is located.
(3)
The department shall designate a subunit to keep records and supply information on community living arrangements for children under ss. 59.69 (15) (f), 60.63 (7), and 62.23 (7) (i) 6. The subunit shall be responsible for receiving all complaints regarding community living arrangements for children and for coordinating all necessary investigatory and disciplinary actions under the laws of this state and under the rules of the department relating to the licensing of community living arrangements for children.
(4)
A community living arrangement for children with a capacity for 8 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to single-family or 2-family residences. A community living arrangement for children with a capacity for 15 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to more than 2-family residences. Covenants in deeds which expressly prohibit use of property for community living arrangements for children are void as against public policy.
(5)
If a community living arrangement for children is required to obtain special zoning permission, as defined in s. 59.69 (15) (g), the department shall, at the request of the unit of government responsible for granting the special zoning permission, inspect the proposed facility and review the program proposed for the facility. After such inspection and review, the department shall transmit to the unit of government responsible for granting the special zoning permission a statement that the proposed facility and its proposed program have been examined and are either approved or disapproved by the department.
History:  2007 a. 20.
A holding that a community living arrangement with a capacity of ten persons was not barred by a deed covenant limiting use to a single-family residence. Crowley v. Knapp, 94 Wis. 2d 421, 288 N.W.2d 815 (1980). See also Overlook Farms Home Ass'n v. Alternative Living Services, 143 Wis. 2d 485, 422 N.W.2d 131 (Ct. App. 1988).
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.745 - Formal complaints regarding child welfare agencies and group homes.

48.745
Formal complaints regarding child welfare agencies and group homes.
(1)
If a complaint is received by a child welfare agency operating a residential care center for children and youth or by a group home, the licensee shall attempt to resolve the complaint informally. Failing such resolution, the licensee shall inform the complaining party of the procedure for filing a formal complaint under this section.
(2)
Any individual may file a formal complaint under this section regarding the general operation of a residential care center for children and youth or group home and shall not be subject to reprisals for doing so. All formal complaints regarding residential care centers for children and youth and group homes shall be filed with the county department on forms supplied by the county department unless the county department designates the department to receive formal complaints. The county department shall investigate or cause to be investigated each formal complaint. Records of the results of each investigation and the disposition of each formal complaint shall be kept by the county department and filed with the subunit of the department that licenses residential care centers for children and youth and group homes.
(3)
Upon receipt of a formal complaint, the county department may investigate the premises and records and question the licensee, staff, and residents of the residential care center for children and youth or group home involved. The county department shall attempt to resolve the situation through negotiation and other appropriate means.
(4)
If no resolution is reached, the county department shall forward the formal complaint, results of the investigation and any other pertinent information to the unit within the department which is empowered to take further action under this chapter against the facility. The unit shall review the complaint and may conduct further investigation, take enforcement action under this chapter or dismiss the complaint. The department shall notify the complainant in writing of the final disposition of the complaint and the reasons therefor. If the complaint is dismissed, the complainant is entitled to an administrative hearing conducted by the department to determine the reasonableness of the dismissal.
(5)
If the county department designates the department to receive formal complaints, the subunit under s. 48.743 (3) shall receive the complaints and the department shall have all the powers and duties granted to the county department in this section.
History:  1977 c. 205, 418; 1979 c. 175; 1985 a. 176; 2001 a. 59; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.76 - Penalties.

48.76
Penalties.
In addition to the sanctions and penalties provided in s. 48.715, any person who violates s. 48.60, 48.62, 48.625, 48.63 or 48.65 may be fined not more than $500 or imprisoned for not more than one year in county jail or both.
History:  1977 c. 418 s. 929 (18); 1979 c. 300; 1991 a. 275; 1993 a. 375.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.77 - Injunction against violations.

48.77
Injunction against violations.
In addition to the penalties provided in s. 48.76, the circuit courts shall have jurisdiction to prevent and restrain by injunction violations of s. 48.60, 48.62, 48.625, 48.63 or 48.65. It shall be the duty of the district attorneys, upon request of the department, to institute action for such injunction under ch. 813.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 773 (1975); 1977 c. 418 s. 929 (18); 1979 c. 300.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.79 - Powers of the department.

48.79
Powers of the department.
The department has authority and power:
(4)
To assist communities in setting up recreational commissions and to assist them in extending and broadening recreational programs so as to reach all children.
(5)
To assist in extending the local child care programs so as to reach all homes needing such help.
(6)
To assist in recruiting and training voluntary leaders for youth-serving organizations.
(7)
To assist localities in securing needed specialized services such as medical, psychiatric, psychological and social work services when existing agencies are not able to supply them.
(8)
To assist localities in making surveys of needs and available resources.
(9)
To assist in appraising the achievement of local programs.
(10)
To serve in a general consultative capacity, acting as a clearing house, developing materials, arranging conferences and participating in public addresses and radio programs.
History:  1989 a. 31, 107; 1995 a. 27, 77.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.80 - Municipalities may sponsor activities.

48.80
Municipalities may sponsor activities.
(1)
Any municipality is hereby authorized and empowered to sponsor the establishment and operation of any committee, agency or council for the purpose of coordinating and supplementing the activities of public and private agencies devoted in whole or in part to the welfare of youth therein. Any municipality may appropriate, raise and expend funds for the purpose of establishing and of providing an executive staff to such committees, agencies or councils; may levy taxes and appropriate money for recreation and welfare projects; and may also receive and expend moneys from the state or federal government or private persons for such purposes.
(2)
No provision of this section shall be construed as vesting in any youth committee, council or agency any power, duty or function enjoined by law upon any municipal officer, board or department or as vesting in such committee, council or agency any supervisory or other authority over such officer, board or department.
(3)
In this section municipality means a county, city, village or town.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.81 - Who may be adopted.

48.81
Who may be adopted.
Any child who is present in this state at the time the petition for adoption is filed may be adopted if any of the following criteria are met:
(1)
Both of the child's parents are deceased.
(2)
The parental rights of both of the child's parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction.
(3)
The parental rights of one of the child's parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction and the child's other parent is deceased.
(4)
The person filing the petition for adoption is the spouse of the child's parent with whom the child and the child's parent reside and either of the following applies:
(a)
The child's other parent is deceased.
(b)
The parental rights of the child's other parent with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction.
(5)
Section 48.839 (3) (b) applies.
(6)
The child is being adopted under s. 48.97 (3).
History:  1987 a. 383; 1989 a. 161; 1997 a. 104; 2015 a. 380.
NOTE:  1997 Wis. Act 104, which affected this section, contains explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.82 - Who may adopt.

48.82
Who may adopt.
(1)
The following persons are eligible to adopt a minor if they are residents of this state:
(a)
A husband and wife jointly, or either the husband or wife if the other spouse is a parent of the minor.
(b)
An unmarried adult.
(3)
When practicable and if requested by the birth parent, the adoptive parents shall be of the same religious faith as the birth parents of the person to be adopted.
(4)
No person may be denied the benefits of this subchapter because of a religious belief in the use of spiritual means through prayer for healing.
(5)
Although otherwise qualified, no person shall be denied the benefits of this section because the person is deaf, blind or has other physical handicaps.
(6)
No otherwise qualified person may be denied the benefits of this subchapter because of his or her race, color, ancestry or national origin.
History:  1981 c. 359 s. 16; 1983 a. 350; 1989 a. 161; 1991 a. 316.
Standing to object to adoption proceedings turns on the right to petition for adoption; grandparents excluded from petitioning under s. 48.90 (1) (a) had no standing to object to the adoption of their grandchildren. L.P. v. B.G., 177 Wis. 2d 424, 501 N.W.2d 908 (Ct. App. 1993).
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.83 - Jurisdiction and venue.

48.83
Jurisdiction and venue.
(1)
Except as provided in s. 48.028 (3) (b), the court of the county where the proposed adoptive parent or child resides or the court of the county where a petition for termination of parental rights to the child was filed or granted under subch. VIII, upon the filing with that court of a petition for adoption or for the adoptive placement of a child, has jurisdiction over the child until the petition is withdrawn, denied, or granted. Venue in a proceeding for adoption or adoptive placement of a child shall be in the county where the proposed adoptive parent or child resides at the time the petition is filed or in the county where a petition for termination of parental rights to the child was filed or granted under subch. VIII. The court may transfer the case to a court in the county in which the proposed adoptive parents reside.
(2)
If the adoption is denied, jurisdiction over the child shall immediately revert to the court which appointed the guardian, unless the appointing court is a court of another state or foreign jurisdiction, in which case the court of the county where the child is shall have jurisdiction.
History:  1975 c. 39; 1977 c. 449 s. 497; 1981 c. 81, 391; 1989 a. 161; 2009 a. 94; 2015 a. 378.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.832 - Transfer of guardianship upon revocation of guardian's license or contract.

48.832
Transfer of guardianship upon revocation of guardian's license or contract.
If the department revokes the license of a county department licensed under s. 48.57 (1) (hm) to accept guardianship, or of a child welfare agency licensed under s. 48.61 (5) to accept guardianship, or if the department terminates the contract of a county department licensed under s. 48.57 (1) (e) to accept guardianship, the department shall file a motion in the court that appointed the guardian for each child in the guardianship of the county department or agency, requesting that the court transfer guardianship and custody of the child. The motion may specify a county department or child welfare agency that has consented to accept guardianship of the child. The court shall transfer guardianship and custody of the child either to the county department or child welfare agency specified in the motion or to another county department under s. 48.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5) which consents to the transfer. If no county department or child welfare agency consents, the court shall transfer guardianship and custody of the child to the department.
History:  1989 a. 161; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.834 - Placement of children with relatives or siblings for adoption by the department, county departments, and child welfare agencies.

48.834
Placement of children with relatives or siblings for adoption by the department, county departments, and child welfare agencies.
(1)
Placement with relatives. Before placing a child for adoption under s. 48.833, the department, county department under s. 48.57 (1) (e) or (hm), or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department, or child welfare agency.
(2)
Placement with siblings. If a child who is being placed for adoption under s. 48.833 has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have been adopted or who have been placed for adoption, the department, county department under s. 48.57 (1) (e) or (hm), or child welfare agency making the placement shall make reasonable efforts to place the child for adoption with an adoptive parent or proposed adoptive parent of such a sibling who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department, or child welfare agency, unless the department, county department, or child welfare agency 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 department, county department, or child welfare agency shall make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the department, county department, or child welfare agency determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
History:  2005 a. 448; 2009 a. 79.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.835 - Placement of children with relatives for adoption.

48.835
Placement of children with relatives for adoption.
(1)
Definition. In this section and s. 48.837, “custody" means physical custody of a child by the child's parent not in violation of a custody order issued by a court. “Custody" does not include physical custody of a child during a period of physical placement with a parent who does not have legal custody of the child.
(2)
Adoptive placement. A parent having custody of a child may place the child for adoption in the home of a relative of the child without a court order.
(3)
Petition for termination of parental rights required; exception.
(a)
If the child's parent has not filed a petition for the termination of parental rights under s. 48.42, the relative with whom the child is placed shall file a petition for the termination of the parents' rights at the same time the petition for adoption is filed, except as provided under par. (b).
(b)
If the person filing the adoption petition is a stepparent with whom the child and the child's parent reside, the stepparent shall file only a petition to terminate the parental rights of the parent who does not have custody of the child.
(4)
Hearings. Notwithstanding s. 48.90 (1) (a), the court may hold the hearing on the adoption petition immediately after entering the order to terminate parental rights under s. 48.427 (3).
History:  1981 c. 81; 1987 a. 355; 1997 a. 104.
Concurrent termination of parental rights/adoption proceedings under this section are subject to the requirement under s. 48.422 that the initial hearing be held within 30 days of filing the petition. B.F. v. G.D.J., 168 Wis. 2d 634, 484 N.W.2d 359 (Ct. App. 1992).
Grandparents excluded from petitioning under s. 48.90 (1) (a) had no standing under this section to object to the adoption of their grandchildren. L.P. v. B.G., 177 Wis. 2d 424, 501 N.W.2d 908 (Ct. App. 1993).
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.838 - Foreign adoption fees.

48.838
Foreign adoption fees.
(1)
In this section, “foreign adoption" means the adoption of a child, who is a citizen of a foreign country, in accordance with any of the types of adoption procedures specified under this subchapter.
(2)
The department may charge a fee of not more than $75 to the adoptive parents for reviewing foreign adoption documents and for providing necessary certifications and approvals required by state and federal law.
(3)
The department may also charge a fee of not more than $75 to the adoptive parents for the review and certification of adoption documents, for adoptions that occur in a foreign country.
History:  1989 a. 31; 2015 a. 380.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.841 - Persons required to file recommendation as to adoption.

48.841
Persons required to file recommendation as to adoption.
(1)
No adoption of a minor may be ordered without the written recommendation, favorable or unfavorable, of the guardian of the minor, if there is one, as set forth in s. 48.85.
(2)
If the guardian refuses or neglects to file its recommendation within the time specified in s. 48.85, the court may proceed as though the guardian had filed a favorable recommendation.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.85 - Recommendation of guardian.

48.85
Recommendation of guardian.
(1)
At least 10 days prior to the hearing, the guardian shall file its recommendation with the court. In making a recommendation under this subsection with respect to an Indian child, the guardian shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c).
(2)
The guardian's recommendation shall be presumed to be in the best interests of the child unless the fair preponderance of the credible evidence is to the contrary. If the guardian's recommendation is in opposition to the granting of the petition, the court shall take testimony as to whether or not the proposed adoption is in the best interests of the child.
(3)
At the conclusion of the hearing, the court shall enter its order in accordance with s. 48.91 (3).
History:  1973 c. 263; 2009 a. 94.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.871 - Filing of recommendation by guardian.

48.871
Filing of recommendation by guardian.
In the case of a recommendation by a guardian, the guardian shall file with its recommendation satisfactory evidence of its authority to file such recommendation relative to the adoption of the minor. In the case where the parents' rights have been judicially terminated, this evidence shall be a certified copy of the order terminating their rights and appointing the guardian. In other cases of a guardian appointed by a court, this evidence shall be a certified copy of the order appointing it guardian. In the case of a guardian having the authority to consent or file its recommendation under an instrument other than a court order, valid under the laws of another state, that instrument shall serve as evidence of the authority to consent or file its recommendation.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.89 - Recommendation of the department.

48.89
Recommendation of the department.
(1)
The recommendation of the department is required for the adoption of a child if the child is not under the guardianship of a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5). In making a recommendation under this subsection with respect to an Indian child, the department shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
(2)
The department shall make its recommendation to the court at least 10 days before the hearing unless the time is extended by the court. The recommendation shall be part of the record of the proceedings.
(3)
The recommendation of the department shall not be required if the recommendation of the department, a licensed child welfare agency or a county department under s. 48.57 (1) (e) or (hm) is required by s. 48.841, if a report of an investigation by the department, a county department under s. 48.57 (1) (e) or (hm) or a licensed child welfare agency is required by s. 48.88 (2) (a) 2. or if one of the petitioners is a relative of the child.
History:  1973 c. 263; 1977 c. 271; 1981 c. 81; 1983 a. 447; 1985 a. 176; 1995 a. 443; 2009 a. 94.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.90 - Filing of adoption petition; preadoption residence.

48.90
Filing of adoption petition; preadoption residence.
(1)
A petition for adoption may be filed at any time if:
(a)
One of the petitioners is a relative of the child by blood or by adoption, excluding parents whose parental rights have been terminated and persons whose relationship to the child is derived through such parents.
(b)
The petitioner is the child's stepparent.
(c)
The petition is accompanied by a written approval of the guardian.
(d)
The petitioner is the proposed adoptive parent with whom the child has been placed under s. 48.839.
(2)
Except as provided under sub. (1), no petition for adoption may be filed unless the child has been in the home of the petitioners for 6 months or more.
(3)
No petition for adoption may be filed unless the petitioners have complied with all applicable provisions of this chapter relating to adoptive placements.
History:  1973 c. 263; 1977 c. 354; 1977 c. 418 s. 929 (18); 1981 c. 81; 1997 a. 104.
Once administrative proceedings to remove a child from an in-home placement have commenced under s. 48.64 and the person with whom the child had been placed is seeking a review of the removal order, a children's court has no jurisdiction over an adoption petition filed by the person after issuance of the removal order. Styczynski v. DHSS, 65 Wis. 2d 190, 222 N.W.2d 139 (1974).
Standing to object to adoption proceedings turns on the right to petition for adoption; grandparents excluded from petitioning under sub. (1) (a) had no standing to object to the adoption of their grandchildren. L.P. v. B.G., 177 Wis. 2d 424, 501 N.W.2d 908 (Ct. App. 1993).
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.91 - Hearing; order.

48.91
Hearing; order.
(1)
The hearing may be in chambers unless an interested person objects. The petitioner and the minor to be adopted, if 14 or older, shall attend unless the court orders otherwise.
(2)
In an adoption proceeding for a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, the court shall establish whether the child's paternity has been conclusively determined from genetic test results under s. 767.804, acknowledged under s. 767.805 or a substantially similar law of another state, or adjudicated in this state or in another jurisdiction. If the child's paternity has not been conclusively determined from genetic test results, acknowledged, or adjudicated, the court shall attempt to ascertain the paternity of the child and shall determine the rights of any person who may be the father of the child as provided under s. 48.423. The court may not proceed with the hearing on the petition for adoption unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.
(3)
If after the hearing and a study of the report required by s. 48.88 and the recommendation required by s. 48.841 or 48.89, the court is satisfied that the necessary consents or recommendations have been filed and that the adoption is in the best interests of the child, the court shall make an order granting the adoption. In determining whether the adoption is in the best interests of an Indian child, the court shall comply with the order of placement preference under s. 48.028 (7) (a) 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. The order may change the name of the minor to that requested by petitioners.
History:  1973 c. 263; 1979 c. 330; 1981 c. 81; 1983 a. 447; 1987 a. 383; 1995 a. 443; 1997 a. 191; 2005 a. 293; 2005 a. 443 s. 265; 2009 a. 94; 2019 a. 95.
Discussing the meaning of “best interests of the child." Shehow v. Plier, 60 Wis. 2d 540, 210 N.W.2d 865 (1973).
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.915 - Adoption appeals given preference.

48.915
Adoption appeals given preference.
An appeal from a judgment granting or denying an adoption shall be given preference.
History:  1987 a. 383; 1993 a. 395 s. 30; Stats. 1993 s. 48.915.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.94 - New birth record.

48.94
New birth record.
(1)
After entry of the order granting the adoption the clerk of the court shall promptly mail a copy thereof to the state bureau of vital records and furnish any additional data needed for the new birth record. Whenever the parents by adoption, or the adopting parent and a birth parent who is the spouse of the adopting parent, request, that the birth record for the person adopted be not changed, then the court shall so order. In such event no new birth record shall be filed by the state registrar, notwithstanding the provisions of s. 69.15 (2) or any other law of this state.
(2)
If the court issues an order under s. 69.15 (2) (d) to restore the information from an adoptee's original birth record, the state registrar shall issue a new birth certificate containing the information from the adoptee's original birth record, except for the adoptee's given name at birth, if different. The restoration of any birth parent's name on the adoptee's birth record does not do any of the following:
(a)
Affect the legal relationship of parent and adoptee that was created by the order of adoption.
(b)
Restore any legal rights or any legal relationship that terminated upon the order of adoption.
(c)
Change the adoptee's legal name.
History:  1981 c. 359 s. 16; 1985 a. 315 s. 22; 1991 a. 316; 2013 a. 379; 2017 a. 334.
A Fundamental Rights Debate: Should Wisconsin Allow Adult Adoptees Unconditional Access to Adoption Records and Original Birth Certificates? Racine. 2002 WLR 1435.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.95 - Withdrawal or denial of petition.

48.95
Withdrawal or denial of petition.
Except as provided under s. 48.839 (3) (b), if the petition is withdrawn or denied, the circuit court shall order the case transferred to the court assigned to exercise jurisdiction under this chapter and ch. 938 for appropriate action, except that if parental rights have been terminated and the guardian of the minor is the department, a licensed child welfare agency or a county department under s. 48.57 (1) (e) or (hm), the minor shall remain in the legal custody of the guardian.
History:  1977 c. 271, 449; 1981 c. 81; 1985 a. 176; 1995 a. 77.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.98 - Interstate placement of children.

48.98
Interstate placement of children.
(1)
No person may bring a child into this state or send a child out of this state for the purpose of placing the child in foster care or for the purpose of adoption without a certificate from the department that the home is suitable for the child.
(2)
(a)
Any person, except a county department or licensed child welfare agency, who brings a child into this state for the purpose of placing the child in a foster home shall, before the child's arrival in this state, file with the department a $1,000 noncancelable bond in favor of this state, furnished by a surety company licensed to do business in this state. The condition of the bond shall be that the child will not become dependent on public funds for his or her primary support before the child reaches age 18 or is adopted.
(b)
By filing the bond required under par. (a), the person filing the bond and the surety submit to the jurisdiction of the court in the county in which the person resides for purposes of liability on the bond, and appoint the clerk of the court as their agent upon whom any papers affecting their bond liability may be served.
(c)
If upon affidavit of the department it appears to the court that the condition of the bond has been violated, the court shall order the person who filed the bond and the surety to show cause why judgment on the bond should not be entered for the department. If neither the person nor the surety appears for the hearing on the order to show cause, or if the court concludes after the hearing that the condition of the bond has been violated, the court shall enter judgment on the bond for the department against the person who filed the bond and the surety.
(d)
The department shall periodically bill the person who filed the bond and the surety under s. 49.32 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond.
(e)
The department may waive the bond requirement under par. (a).
(3)
The person bringing or sending the child into or out of this state shall report to the department, at least once each year and at any other time required by the department, concerning the location and well-being of the child, until the child is 18 years of age or is adopted.
(4)
(a)
This section applies only to interstate placements of children that are not governed by s. 48.988 or 48.99.
(b)
Section 48.839 governs the placement of children who are not U.S. citizens and not under agency guardianship who are brought into this state from a foreign jurisdiction for the purpose of adoption.
(5)
The department may promulgate all rules necessary for the enforcement of this section.
History:  1977 c. 354; 1979 c. 32 s. 92 (1); 1981 c. 81; 1985 a. 176; 1985 a. 332 s. 251 (5); 1993 a. 446; 2007 a. 20; 2009 a. 28, 339.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.986 - Child abuse and neglect and unborn child abuse services.

48.986
Child abuse and neglect and unborn child abuse services.
(1)
From the amounts distributed under s. 48.563 (1) for services for children and families, the department shall distribute funds to eligible counties for services related to child abuse and neglect and to unborn child abuse, including child abuse and neglect and unborn child abuse prevention, investigation, and treatment.
(3)
The department shall distribute the funds under sub. (1) to counties that have a serious problem with child abuse and neglect or with unborn child abuse according to eligibility criteria and distribution criteria to be developed by the department.
(4)
A county may use the funds distributed under this section to fund additional foster parents and subsidized guardians or interim caretakers to care for abused and neglected children and to fund additional staff positions to provide services related to child abuse and neglect and to unborn child abuse.
(5)
A county may not use the funds distributed under this section to reduce its expenditures from other sources for services related to child abuse and neglect or to unborn child abuse below the level in the year before the year for which the funds are distributed.
History:  1993 a. 16 ss. 982 to 986; 1993 a. 446; 1995 a. 27; 1997 a. 292; 2005 a. 25; 2007 a. 20 ss. 1127 to 1131; Stats. 2007 s. 48.986; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.987 - Earnings of self-supporting minors.

48.987
Earnings of self-supporting minors.
During any time when a parent of a minor neglects or refuses to provide for the minor's support, or support and education, the earnings of the minor shall be the minor's sole property as against such parent or any creditor of such parent.
History:  1977 c. 354 s. 94; Stats. 1977 s. 48.987; 1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.9875 - Minor consent for housing.

48.9875
Minor consent for housing.
(1)
In this section, “shelter facility” means a temporary place of lodging for individuals or families.
(2)
A minor shall be presumed to be qualified and competent to contract for admission to a shelter facility or transitional living program if all of the following apply:
(a)
The minor is 17 years of age.
(b)
The minor is not under the supervision of a county department, a child welfare agency, the department, or the department of corrections under this chapter or ch. 938 or under the jurisdiction of the court.
(c)
One of the following confirms that the minor is an unaccompanied youth, as defined under 42 USC 11434a (6):
1.
A local educational agency liaison designated under 42 USC 11432 (g) (1) (J) (ii) who has obtained the minor's consent to disclose the minor's status as an unaccompanied youth.
2.
If a local educational agency liaison is not available, an employee of the shelter facility or transitional living program who conducts intake.
(3)
The defense of infancy does not apply to any contract with a minor under sub. (2).
History:  2019 a. 22; 2021 a. 239 s. 74.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.989 - Interstate compact on the placement of children: additional procedure.

48.989
Interstate compact on the placement of children: additional procedure.
(1)
Definitions. In this section and in s. 48.988:
(a)
“Appropriate authority in the receiving state" means the department.
(b)
“Appropriate public authorities" means the department, which shall receive and act with reference to notices required by s. 48.988 (3).
(c)
“Executive head" means the governor.
(2)
Financial responsibility. Financial responsibility for any child placed under the provisions of the interstate compact on the placement of children shall be determined in accordance with ss. 48.60 (4) (b) and 48.988 (5). In the event of partial or complete default of performance under the compact, the provisions of s. 49.90, ch. 769, or any other applicable state law fixing responsibility for the support of children may also be invoked.
(3)
Interstate agreements. The officers and agencies of this state and its subdivisions having authority to place children may enter into agreements with appropriate officers or agencies of or in other party states under s. 48.988 (5) (b). Any agreement which contains a financial commitment or imposes a financial obligation on this state or any subdivision or agency thereof shall not be binding unless it has the approval in writing of the department in matters involving the state and of the chief local fiscal officer in matters involving a subdivision of the state.
(4)
Requirements. Any requirement for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under the provisions of this chapter shall be deemed to be met if performed under an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof under s. 48.988 (5) (b).
(5)
Court jurisdiction. Any court having jurisdiction to place delinquent children may place such a child in an institution or in another state under s. 48.988 (5). The court shall retain jurisdiction as provided in s. 48.988 (5).
History:  1977 c. 354; Stats. 1977 s. 48.995; 1977 c. 447; Stats. 1977 s. 48.989; 1981 c. 390; 1985 a. 29 s. 3202 (23); 1989 a. 31; 1993 a. 326; 1995 a. 27 s. 9126 (19); 2005 a. 443; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.9895 - Withdrawal from Interstate Compact on the Placement of Children.

48.9895
Withdrawal from Interstate Compact on the Placement of Children.
Sections 48.988 and 48.989 do not apply to a child from this state who is sent, brought, or caused to be sent or brought into another state under s. 48.988 (3) or who is placed in an institution in another state under s. 48.988 (6), or to a child from another state who is sent, brought, or caused to be sent or brought into this state under s. 48.988 (3) or who is placed in an institution in this state under s. 48.988 (6), if all of the following have occurred:
(1)
The Interstate Compact for the Placement of Children under s. 48.99 is in effect as provided in s. 48.99 (14) (b).
(2)
Both this state and the other state are parties to the Interstate Compact for the Placement of Children under s. 48.99.
(3)
Both this state and the other state have withdrawn from the Interstate Compact on the Placement of Children as provided in s. 48.988 (9).
History:  2009 a. 339.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.9985 - Interstate adoption agreements.

48.9985
Interstate adoption agreements.
(1)
Definitions. In this section:
(a)
“Adoption assistance agreement" means an agreement under s. 48.975 with a child's adoptive parents to provide specified benefits, including medical assistance, to the child, or a similar agreement in writing between an agency of another state and the adoptive parents of a child adopted in that state, if the agreement is enforceable by the adoptive parents.
(b)
“Medical assistance" has the meaning given under s. 49.43 (8).
(c)
“State" means a state of the United States, the District of Columbia, the commonwealth of Puerto Rico, the Virgin Islands, Guam, the commonwealth of the Northern Mariana Islands or a territory or possession of the United States.
(2)
Interstate agreements authorized.
(a)
The department may, on behalf of this state, enter into interstate agreements, including the interstate compact on adoption and medical assistance, with agencies of any other states that enter into adoption assistance agreements.
(b)
Each interstate agreement shall provide that, upon application by a person who has entered into an adoption assistance agreement with a party state other than the person's state of residence, the state of the person's residence shall provide medical assistance benefits under its own laws to the person's adopted child.
(c)
An interstate agreement may also include the following:
1.
Procedures for ensuring the continued provision of developmental, child care and other social services to adopted children whose adoptive parents reside in a party state other than the one in which the adoption assistance agreement was entered into.
2.
Any other provisions determined by the department and the agency of the other party state to be appropriate for the administration of the interstate agreement.
(d)
An interstate agreement is revocable upon written notice by either party state to the other party state but remains in effect for one year after the date of the written notice.
(e)
Each interstate agreement shall provide that the medical assistance benefits to which a child is entitled under the provisions of the interstate agreement shall continue to apply until the expiration of the adoption assistance agreement entered into by the adoptive parents in the state in which the adoption took place, whether or not the interstate agreement is revoked under par. (d).
History:  1985 a. 308, 332.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.999 - Expediting interstate placements of children.

48.999
Expediting interstate placements of children.
The courts of this state shall do all of the following to expedite the interstate placement of children:
(1)
Subject to ss. 48.396 (2) and 938.396 (2), cooperate with the courts of other states in the sharing of information.
(2)
To the greatest extent possible, obtain information and testimony from agencies and parties located in other states without requiring interstate travel by those agencies and parties.
(3)
Permit parents, children, other necessary parties, attorneys, and guardians ad litem in proceedings involving the interstate placement of a child to participate in those proceedings without requiring interstate travel by those persons.
History:  2009 a. 79.