48.32 Consent decree.
(1)
(a) At any time after the filing of a petition for a proceeding relating to s. 48.13 or 48.133 and before the entry of judgment, the judge or a circuit court commissioner may suspend the proceedings and place the child or expectant mother under supervision in the home or present placement of the child or expectant mother. The court may establish terms and conditions applicable to the child and the child's parent, guardian, or legal custodian, to the child expectant mother and her parent, guardian or legal custodian, or to the adult expectant mother, including the condition specified in sub. (1b). The order under this section shall be known as a consent decree and must be agreed to by the child if 12 years of age or older, the parent, guardian, or legal custodian, and the person filing the petition under s. 48.25; by the child expectant mother, her parent, guardian, or legal custodian, the unborn child's guardian ad litem, and the person filing the petition under s. 48.25; or by the adult expectant mother, the unborn child's guardian ad litem, and the person filing the petition under s. 48.25. The consent decree shall be reduced to writing and given to the parties.
(am) Using the procedures specified in par. (a) for the entry of an original consent decree, the parties to a consent decree may agree to, and the judge or circuit court commissioner may enter, an amended consent decree. An amended consent decree may change the placement of the child or expectant mother who is the subject of the original consent decree or revise any other term or condition of the original consent decree. An amended consent decree that changes the placement of a child from a placement in the child's home to a placement outside the child's home shall include the findings, orders, and determinations specified in par. (b), as applicable. An amended consent decree that changes the placement of an Indian child from a placement in the Indian child's home to a placement outside the Indian child's home shall include the findings specified in par. (d). An amended consent decree may not extend the expiration date of the original consent decree.
(ar) If the consent decree places a 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 agency primarily responsible for providing services to the child shall submit it and the recommendation of the qualified individual who completed the assessment, including all of the following, to the court and to all persons who are parties to the consent decree, no later than the time the consent decree is entered or, if not available by that time, no later than 30 days after the date on which the placement is made:
1. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.
2. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.
3. 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.
4. 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.
(b)
1. If at the time the consent decree is entered into the child is placed outside the home under a voluntary agreement under s. 48.63 or is otherwise living outside the home without a court order and if the consent decree maintains the child in that placement or other living arrangement, or if an amended consent decree changes the placement of the child from a placement in the child's home to a placement outside the child's home, the consent decree shall include all of the following:
a. A finding that placement of the child in his or her home would be contrary to the welfare of the child.
b. A finding as to whether 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 the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.
c. If a permanency plan has previously been prepared for the child, a finding as to whether 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. If the child's placement or other living arrangement is under the supervision of the county department or, in a county having a population of 750,000 or more, the department, an order ordering the child into the placement and care responsibility of the county department or department as required under 42 USC 672 (a) (2) and assigning the county department or department primary responsibility for providing services to the child.
1m. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been removed from the home, the consent decree shall include a finding as to whether the county department, department in a county having a population of 750,000 or more, or agency primarily responsible for providing services to the child has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the judge or circuit court commissioner 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 judge or circuit court commissioner shall order the 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 judge or circuit court commissioner determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
1r. Except as provided in par. (cd), if the child is placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, 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 under par. (ar):
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 judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the consent decree shall include a determination that the county department, department, in a county having a population of 750,000 or more, or agency primarily responsible for providing services under the consent decree is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home.
3. The judge or circuit court commissioner shall make the findings specified in subds. 1. and 2. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the consent decree. A consent decree that merely references subd. 1. or 2. without documenting or referencing that specific information in the consent decree or an amended consent decree that retroactively corrects an earlier consent decree that does not comply with this subdivision is not sufficient to comply with this subdivision.
(c) If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency goal and, if applicable, any concurrent permanency goals for the child.
(cd) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required but not available at the time of the order, the court shall defer making the findings under par. (b) 1r. as provided in this paragraph. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under par. (b) 1r.
(d)
1. In the case of an Indian child, if at the time the consent decree is entered into the Indian child is placed outside the home of his or her parent or Indian custodian under a voluntary agreement under s. 48.63 or is otherwise living outside that home without a court order and if the consent decree maintains the Indian child in that placement or other living arrangement, or if an amended consent decree changes the placement of the Indian child from a placement in the Indian child's home to a placement outside the Indian child's home, the consent decree shall include a finding supported by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, 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. and a finding 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. The findings under this subdivision shall be in addition to the findings under par. (b) 1., except that for the sole purpose of determining whether the cost of providing care for an Indian child is eligible for reimbursement under 42 USC 670 to 679b, the findings under this subdivision and the findings under par. (b) 1. shall be considered to be the same findings.
2. If the placement or other living arrangement under subd. 1. departs from the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), the court shall also find good cause, as described in s. 48.028 (7) (e), for departing from that order.
(1b) The judge or a circuit court commissioner may, as a condition under sub. (1), request a court-appointed special advocate program to designate a court-appointed special advocate for the child to perform the activities specified in s. 48.236 (3) that are authorized in the memorandum of understanding under s. 48.07 (5) (a). A court-appointed special advocate designated under this subsection shall have the authority specified in s. 48.236 (4) that is authorized in the memorandum of understanding under s. 48.07 (5) (a).
(2)
(a) A consent decree shall remain in effect up to 6 months unless the child, parent, guardian, legal custodian or expectant mother is discharged sooner by the judge or circuit court commissioner.
(c) Upon the motion of the court or the application of the child, parent, guardian, legal custodian, expectant mother, unborn child's guardian ad litem, intake worker, or any agency supervising the child or expectant mother under the consent decree, the court may, after giving notice to the parties to the consent decree, their counsel or guardian ad litem, and the court-appointed special advocate for the child, if any, extend the decree for up to an additional 6 months in the absence of objection to extension by the parties to the initial consent decree. If the child, parent, guardian, legal custodian, expectant mother, or unborn child's guardian ad litem objects to the extension, the judge shall schedule a hearing and make a determination on the issue of extension. An extension under this paragraph of a consent decree relating to an unborn child who is alleged to be in need of protection or services may be granted after the child is born.
(3) If, prior to discharge by the court, or the expiration of the consent decree, the court finds that the child, parent, guardian, legal custodian or expectant mother has failed to fulfill the express terms and conditions of the consent decree or that the child or expectant mother objects to the continuation of the consent decree, the hearing under which the child or expectant mother was placed on supervision may be continued to conclusion as if the consent decree had never been entered.
(5) A court which, under this section, elicits or examines information or material about a child or an expectant mother which would be inadmissible in a hearing on the allegations of the petition may not, over objections of one of the parties, participate in any subsequent proceedings if any of the following applies:
(a) The court refuses to enter into a consent decree and the allegations in the petition remain to be decided in a hearing at which one of the parties denies the allegations forming the basis for a child or unborn child in need of protection or services petition.
(b) A consent decree is granted but the petition under s. 48.13 or 48.133 is subsequently reinstated.
(6) The judge or circuit court commissioner shall inform the child and the child's parent, guardian or legal custodian, or the adult expectant mother, in writing, of the right of the child or expectant mother to object to the continuation of the consent decree under sub. (3) and the fact that the hearing under which the child or expectant mother was placed on supervision may be continued to conclusion as if the consent decree had never been entered.
History: 1977 c. 354; 1985 a. 311; 1987 a. 27, 285, 339; 1991 a. 213, 253, 315; 1993 a. 98; 1995 a. 24, 77, 448; 1997 a. 292; 1999 a. 149; 2001 a. 61, 109; 2007 a. 20; 2009 a. 28, 79, 94, 185; 2011 a. 181, 258; 2013 a. 165, 170; 2015 a. 172, 373; 2021 a. 42.
A finding that a consent decree has been violated must be made before the consent decree expires. Filing a motion to vacate the consent decree prior to its expiration does not extend the term of the decree and does not prevent the automatic dismissal of the original petition upon the expiration of the decree. Interest of Leif E.N. & Nora M.S., 189 Wis. 2d 480, 526 N.W.2d 275 (Ct. App. 1994).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
48.01 - Title and legislative purpose.
48.025 - Declaration of paternal interest in matters affecting children.
48.027 - Child custody jurisdiction.
48.028 - Indian child welfare.
48.029 - Pregnancy testing prohibited.
48.03 - Time and place of court; absence or disability of judge; court of record.
48.035 - Court; Menominee and Shawano counties.
48.067 - Powers and duties of intake workers.
48.069 - Powers and duties of disposition staff.
48.07 - Additional sources of court services.
48.08 - Duties of person furnishing services to court.
48.09 - Representation of the interests of the public.
48.10 - Power of the judge to act as intake worker.
48.13 - Jurisdiction over children alleged to be in need of protection or services.
48.14 - Jurisdiction over other matters relating to children.
48.15 - Jurisdiction of other courts to determine legal custody.
48.16 - Jurisdiction over petitions for waiver of parental consent to a minor's abortion.
48.19 - Taking a child into custody.
48.193 - Taking an adult expectant mother into custody.
48.195 - Taking a newborn child into custody.
48.20 - Release or delivery of child from custody.
48.203 - Release or delivery of adult expectant mother from custody.
48.205 - Criteria for holding a child or expectant mother in physical custody.
48.207 - Places where a child or expectant mother may be held in nonsecure custody.
48.208 - Criteria for holding a child in a juvenile detention facility.
48.209 - Criteria for holding a child in a county jail.
48.21 - Hearing for child in custody.
48.213 - Hearing for adult expectant mother in custody.
48.215 - Mother-young child care program.
48.217 - Change in placement; child or expectant mother held in custody.
48.233 - Five-county pilot program.
48.236 - Court-appointed special advocate.
48.24 - Receipt of jurisdictional information; intake inquiry.
48.243 - Basic rights: duty of intake worker.
48.245 - Informal disposition.
48.25 - Petition: authorization to file.
48.255 - Petition; form and content.
48.257 - Petition to initiate a procedure to waive parental consent prior to a minor's abortion.
48.263 - Amendment of petition.
48.273 - Service of summons or notice; expense.
48.275 - Parents' contribution to cost of court and legal services.
48.28 - Failure to obey summons; capias.
48.29 - Substitution of judge.
48.295 - Physical, psychological, mental or developmental examination.
48.297 - Motions before trial.
48.299 - Procedures at hearings.
48.305 - Hearing upon the involuntary removal of a child or expectant mother.
48.315 - Delays, continuances and extensions.
48.335 - Dispositional hearings.
48.35 - Effect of judgment and disposition.
48.355 - Dispositional orders.
48.356 - Duty of court to warn.
48.357 - Change in placement; child or expectant mother subject to dispositional order.
48.361 - Payment for alcohol and other drug abuse services.
48.362 - Payment for certain special treatment or care services.
48.363 - Revision of dispositional orders.
48.366 - Extended out-of-home care.
48.368 - Continuation of dispositional orders.
48.371 - Access to certain information by substitute care provider.
48.373 - Medical authorization.
48.375 - Parental consent required prior to abortion; judicial waiver procedure.
48.383 - Reasonable and prudent parent standard.
48.385 - Plan for transition to independent living.
48.41 - Voluntary consent to termination of parental rights.
48.415 - Grounds for involuntary termination of parental rights.
48.417 - Petition for termination of parental rights; when required.
48.422 - Hearing on the petition.
48.423 - Rights of persons alleging paternity.
48.424 - Fact-finding hearing.
48.425 - Court report by an agency.
48.426 - Standard and factors.
48.43 - Court orders; contents and effect; review.
48.432 - Access to medical information.
48.433 - Access to identifying information about parents.
48.434 - Release of identifying information by an agency when authorization is granted.
48.437 - Change in placement; posttermination of parental rights.
48.44 - Jurisdiction over persons 17 or older.
48.45 - Orders applicable to adults.
48.46 - New evidence; relief from judgment terminating parental rights.
48.465 - Motion for postdisposition relief and appeal.
48.468 - Purpose of department.
48.48 - Authority of department.
48.481 - Grants for children's community programs.
48.485 - Transfer of Indian children to department for adoption.
48.487 - Tribal family services.
48.52 - Facilities for care of children and adult expectant mothers in care of department.
48.526 - Community youth and family aids.
48.527 - Community youth and family aids; bonus for county facilities.
48.528 - Community intervention program.
48.545 - Brighter futures initiative.
48.546 - Family treatment court grant program.
48.547 - Alcohol and other drug abuse program.
48.548 - Multidisciplinary screen and assessment criteria.
48.55 - State adoption information exchange and state adoption center.
48.56 - Child welfare services in counties having populations of less than 750,000.
48.561 - Child welfare services in a county having a population of 750,000 or more.
48.562 - Milwaukee child welfare partnership council.
48.563 - Children and family aids funding.
48.565 - Carry-over of children and family aids funds.
48.568 - Allocation of federal funds for children and family aids and child welfare.
48.569 - Distribution of children and family aids funds to counties.
48.57 - Powers and duties of department and county departments providing child welfare services.
48.576 - Shelter care facilities; general supervision and inspection by department.
48.578 - Shelter care facilities; establishment, approval, inspection.
48.58 - County children's home in populous counties.
48.59 - Examination and records.
48.60 - Child welfare agencies licensed.
48.61 - Powers and duties of child welfare agencies.
48.615 - Child welfare agency licensing fees.
48.62 - Licensing of foster homes; rates.
48.623 - Subsidized guardianships.
48.625 - Licensing of group homes; fees.
48.627 - Foster parent insurance and liability.
48.63 - Restrictions on placements.
48.64 - Placement of children in out-of-home care.
48.65 - Child care centers licensed; fees.
48.651 - Certification of child care providers.
48.653 - Information for child care providers.
48.656 - Parent's right to know.
48.657 - Child care center reports.
48.658 - Child safety alarms in child care vehicles.
48.659 - Child care quality rating system.
48.66 - Licensing duties of the department.
48.675 - Qualified residential treatment programs.
48.68 - Investigation of applicant; issuing of license.
48.685 - Criminal history and child abuse record search.
48.686 - Criminal history and child abuse record search; child care.
48.69 - Probationary licenses.
48.70 - Provisions of licenses.
48.715 - Sanctions and penalties.
48.73 - Inspection of licensees and school district child care programs.
48.735 - Immunization requirements; child care centers.
48.737 - Lead screening, inspection and reduction requirements; child care centers.
48.74 - Authority of department to investigate alleged violations.
48.743 - Community living arrangements for children.
48.745 - Formal complaints regarding child welfare agencies and group homes.
48.75 - Foster homes licensed by public licensing agencies and by child welfare agencies.
48.77 - Injunction against violations.
48.78 - Confidentiality of records.
48.79 - Powers of the department.
48.80 - Municipalities may sponsor activities.
48.825 - Advertising related to adoption.
48.83 - Jurisdiction and venue.
48.831 - Appointment of guardian for child without a living parent for adoptability finding.
48.832 - Transfer of guardianship upon revocation of guardian's license or contract.
48.835 - Placement of children with relatives for adoption.
48.837 - Placement of children with nonrelatives for adoption.
48.838 - Foreign adoption fees.
48.839 - Adoption of foreign children.
48.84 - Preadoption preparation for proposed adoptive parents.
48.841 - Persons required to file recommendation as to adoption.
48.85 - Recommendation of guardian.
48.871 - Filing of recommendation by guardian.
48.88 - Notice of hearing; investigation.
48.89 - Recommendation of the department.
48.90 - Filing of adoption petition; preadoption residence.
48.915 - Adoption appeals given preference.
48.925 - Visitation rights of certain persons.
48.95 - Withdrawal or denial of petition.
48.97 - Adoption and guardianship orders of other jurisdictions.
48.977 - Appointment of guardians for certain children in need of protection or services.
48.978 - Appointment or designation of standby guardian of a child.
48.979 - Delegation of power by parent.
48.9795 - Appointment of guardian of the person for a child.
48.98 - Interstate placement of children.
48.981 - Abused or neglected children and abused unborn children.
48.982 - Child abuse and neglect prevention board.
48.983 - Child abuse and neglect prevention program.
48.986 - Child abuse and neglect and unborn child abuse services.
48.987 - Earnings of self-supporting minors.
48.9875 - Minor consent for housing.
48.988 - Interstate compact on the placement of children.
48.989 - Interstate compact on the placement of children: additional procedure.
48.9895 - Withdrawal from Interstate Compact on the Placement of Children.
48.99 - Interstate Compact for the Placement of Children.