48.33 Court reports.
(1) Report required. Before the disposition of a child or unborn child adjudged to be in need of protection or services the court shall designate an agency, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the following:
(a) The social history of the child or of the expectant mother of the unborn child.
(b) A recommended plan of rehabilitation or treatment and care for the child or expectant mother which is based on the investigation conducted by the agency and any report resulting from an examination or assessment under s. 48.295, which employs the least restrictive means available to accomplish the objectives of the plan, and, in cases of child abuse or neglect or unborn child abuse, which also includes an assessment of risks to the physical safety and physical health of the child or unborn child and a description of a plan for controlling the risks.
(c) A description of the specific services or continuum of services which the agency is recommending that the court order for the child or family or for the expectant mother of the unborn child, the persons or agencies that would be primarily responsible for providing those services, the identity of the person or agency that would provide case management or coordination of services, if any, and, in the case of a child adjudged to be in need of protection or services, whether or not the child should receive a coordinated services plan of care.
(d) A statement of the objectives of the plan, including any behavior changes desired of the child or expectant mother and the academic, social and vocational skills needed by the child or the expectant mother.
(e) A plan for the provision of educational services to the child, prepared after consultation with the staff of the school in which the child is enrolled or the last school in which the child was enrolled.
(f) If the agency is recommending that the court order the child's parent, guardian or legal custodian or the expectant mother to participate in mental health treatment, anger management, individual or family counseling or parent or prenatal development training and education, a statement as to the availability of those services and as to the availability of funding for those services.
(2) Home placement reports. A report recommending that the child remain in his or her home or that the expectant mother remain in her home may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record.
(4) Other out-of-home placements. A report recommending placement of an adult expectant mother outside of her home shall be in writing. A report recommending placement of a 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 a guardian under s. 48.977 (2), or in a supervised independent living arrangement shall be in writing and shall include all of the following:
(a) A permanency plan prepared under s. 48.38.
(b) A recommendation for an amount of child support to be paid by either or both of the child's parents or for referral to the county child support agency under s. 59.53 (5) for the establishment of child support.
(c) Specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, specific information showing 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, and, if a permanency plan has previously been prepared for the child, specific information showing that 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.
(cm) A statement indicating whether the recommended placement is certified under s. 48.675.
(cr)
1. If the report recommends placement of a child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, except as provided in subd. 2., the report shall contain the results of the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following:
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.
2. If the information under subd. 1. is not available at the time of the report, the agency shall submit it by the date of the dispositional hearing or, if it is not available on that date, no later than 30 days after the date on which the placement was made.
(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, specific information showing that 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 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 report shall include 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, specific information showing 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 report shall include 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.
(dm) If the agency knows or has reason to know that the child is an Indian child who is being removed from the home of his or her parent or Indian custodian, a description of any efforts undertaken to determine whether the child is an Indian child; specific information showing that continued custody of the 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 out-of-home care 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); and, if the recommended 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.
(4m) Support recommendations; information to parents. In making a recommendation for an amount of child support under sub. (4), the agency shall consider the factors that the court considers under s. 49.345 (14) (c) for deviation from the percentage standard. Prior to the dispositional hearing under s. 48.335, the agency shall provide the child's parent with all of the following:
(a) A copy of its recommendation for child support.
(b) A written explanation of how the parent may request that the court modify the amount of child support under s. 49.345 (14) (c).
(c) A written explanation of how the parent may request a revision under s. 48.363 in the amount of child support ordered by the court under s. 48.355 (2) (b) 4.
(5) Identity of foster parent; confidentiality. If the report recommends placement in a foster home, and the name of the foster parent is not available at the time the report is filed, the agency shall provide the court and the child's parent or guardian with the name and address of the foster parent within 21 days after the dispositional order is entered, except that the court may order the information withheld from the child's parent or guardian if the court finds that disclosure would result in imminent danger to the child or to the foster parent. After notifying the child's parent or guardian, the court shall hold a hearing prior to ordering the information withheld.
History: 1977 c. 354; 1979 c. 300; 1983 a. 399; 1987 a. 27, 339; 1989 a. 31, 41, 107; 1993 a. 377, 385, 446, 481; 1995 a. 27, 77, 201; 1997 a. 27, 292; 2001 a. 59, 109; 2005 a. 25; 2007 a. 20; 2009 a. 28, 79, 94, 185, 334; 2011 a. 181, 258; 2011 a. 260 s. 80; 2013 a. 165, 334; 2015 a. 172; 2021 a. 42.
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.