Wisconsin Code § 48.335

Dispositional hearings
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(1) The court shall conduct a hearing to determine the disposition of a case in which a
child is adjudged to be in need of protection or services under s.
48.13 or an unborn child is adjudged to be in need of protection or
services under s. 48.133.
(3) At hearings under this section, any party may present evidence relevant to the issue of disposition, including expert testimony, and may make alternative dispositional recommendations.
(3g) At hearings under this section, if the agency, as defined
in s. 48.38 (1) (a), is recommending placement of the child in a
foster home, group home, or residential care center for children
and youth, in the home of a relative other than a parent, in the
home of like-kin, in the home of a guardian under s. 48.977 (2),
or in a supervised independent living arrangement, the agency
shall present as evidence specific information showing all of the
following:
(a) That continued placement of the child in his or her home
would be contrary to the welfare of the child.
(b) That the county department, the department, in a county
having a population of 750,000 or more, or the agency primarily
responsible for providing services to the child 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, unless any of the circumstances specified in s.
48.355 (2d) (b) 1. to 5. applies.
(c) That, if a permanency plan has previously been prepared
for the child, the county department, department, or agency has
made reasonable efforts to achieve the permanency goal of the
child’s permanency plan, including, if appropriate, through an
out-of-state placement.
(d) 1. If the child has one or more siblings, as defined in s.
48.38 (4) (br) 1. , who have been removed from the home or for
whom an out-of-home placement is recommended, that the
county department, department, or agency has made reasonable
efforts to place the child in a placement that enables the sibling
group to remain together, unless the county department, department, or agency recommends that the child and his or her siblings
not be placed in a joint placement, in which case the county department, department, or agency shall present as evidence specific information showing that a joint placement would be contrary to the safety or well-being of the child or any of those siblings and the specific information required under subd. 2.
2. If a recommendation is made that the child and his or her
siblings not be placed in a joint placement, that the county department, department, or agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between
the child and the siblings, unless the county department, department, or agency recommends that such visitation or interaction
not be provided, in which case the county department, department, or agency shall present as evidence specific information
showing that such visitation or interaction would be contrary to
the safety or well-being of the child or any of those siblings.
(3j) At hearings under this section involving an Indian child,
if the agency, as defined in s. 48.38 (1) (a), is recommending removal of the Indian child from the home of his or her parent or
Indian custodian and placement of the Indian child in a foster
home, group home, or residential care center for children and
youth or in the home of a relative other than a parent or in the
home of like-kin, the agency shall present as evidence specific information showing all of the following:
(a) 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 Indian child under s. 48.028 (4) (d) 1.
(b) 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.
(c) That the placement recommended is in compliance with
the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) or, if that placement is not in compli-

ance with that order, good cause, as described in s. 48.028 (7) (e),
for departing from that order.
(3r) At hearings under this section, a parent of the child may
present evidence relevant to the amount of child support to be
paid by either or both parents.
(4) At hearings under this section, s. 48.357, 48.358, 48.363,
or 48.365, on the request of any party, unless good cause to the
contrary is shown, the court may admit testimony on the record
by telephone or live audiovisual means, if available, under s.
807.13 (2). The request and the showing of good cause may be
made by telephone.
(5) At the conclusion of the hearing, the court shall make a
dispositional order in accordance with s. 48.355.
(6) If the dispositional order places the child outside the
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 s. 48.21 (3) (f). 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 providing services to the child under the
dispositional order shall permit the parent to provide the information at a later date.

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