Wisconsin Statutes & Annotations
Chapter 48 - Children's code.
48.365 - Extension of orders.

48.365 Extension of orders.
(1) In this section, a child is considered to have been placed outside of his or her home on the date on which the child was first removed from his or her home.
(1m) The parent, child, guardian, legal custodian, Indian custodian, expectant mother, unborn child's guardian ad litem, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered, or the court on its own motion may request an extension of an order under s. 48.355 including an order under s. 48.355 that was entered before the child was born. The request shall be submitted to the court that entered the order. An order under s. 48.355 may be extended only as provided in this section.
(2) No order may be extended without a hearing. The court shall provide notice of the time and place of the hearing to the child, the child's parent, guardian, legal custodian, and Indian custodian, all the parties present at the original hearing, the child's foster parent or other physical custodian described in s. 48.62 (2), the child's court-appointed special advocate, the district attorney or corporation counsel in the county in which the dispositional order was entered and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's tribe. If the child is an expectant mother of an unborn child under s. 48.133, the court shall also notify the unborn child's guardian ad litem. If the extension hearing involves an adult expectant mother of an unborn child under s. 48.133, the court shall notify the adult expectant mother, the unborn child's guardian ad litem, all the parties present at the original hearing, and the district attorney or corporation counsel in the county in which the dispositional order was entered, of the time and place of the hearing.
(2g)
(a) At the hearing the person or agency primarily responsible for providing services to the child or expectant mother shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the rehabilitation or care and treatment of the child or for the rehabilitation and treatment of the expectant mother and the care of the unborn child.
(b) If the child is placed outside of his or her home, the report shall include all of the following:
1. A copy of the report of the review panel under s. 48.38 (5), if any, and a response to the report from the agency primarily responsible for providing services to the child.
2. An evaluation of the child's adjustment to the placement and of any progress the child has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the permanency goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the child's placement.
3. If the child has been placed outside of his or her home in a foster home, group home, residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the child. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the child, and whether or not the child should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the child be registered with the adoption information exchange or report the reason why registering the child is contrary to the best interest of the child.
4. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, 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.
(c) In cases where the child has not been placed outside the home, the report shall contain a description of efforts that have been made by all parties concerned toward meeting the objectives of treatment, care or rehabilitation, an explanation of why these efforts have not yet succeeded in meeting the objective, and anticipated future planning for the child.
(2m)
(a)
1. Any party may present evidence relevant to the issue of extension. If the child is placed outside of his or her home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the person 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. If an Indian child is placed outside the home of his or her parent or Indian custodian, the person or agency primarily responsible for providing services to the Indian child shall also present as evidence 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.
1m. The judge shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the child to achieve the permanency goal of the child's permanency plan, including, if appropriate, through an out-of-state placement. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the findings of fact shall also include a finding that active efforts under s. 48.028 (4) (d) 2. were made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful. An order shall be issued under s. 48.355.
1r.
a. If the child is placed outside of his or her home and if the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been placed outside the home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the agency has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the court has determined 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 agency shall present as evidence specific information showing that agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
b. If the child is placed outside the home and if the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been placed outside the home, the findings of fact shall include a finding as to whether reasonable efforts have been made by the agency primarily responsible for providing services to the child to place the child in a placement that enables the sibling group to remain together, unless the court has determined 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 findings of fact shall include a finding as to whether reasonable efforts have been made by the agency to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
2. If the judge finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the child 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 shall make the findings under subd. 1m. relating to reasonable efforts to achieve the permanency goal of the child's permanency plan and the findings under subd. 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 order issued under s. 48.355. An order that merely references subd. 1m. or 2. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.
(ad) If the judge finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge 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.
(ag) The court shall give a foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under sub. (2) a right to be heard at the hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. A foster parent or other physical custodian who receives notice of a hearing under sub. (2) and a right to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and having the right to be heard.
(b) If a child has been placed outside the home under s. 48.345, or if an adult expectant mother has been placed outside the home under s. 48.347, and an extension is ordered under this subsection, the judge shall state in the record the reason for the extension.
(3) The appearance of any child may be waived by consent of the child, counsel or guardian ad litem.
(4) The judge shall determine which dispositions are to be considered for extensions.
(5)
(a) Except as provided in s. 48.368, an order under this section that continues the placement of a child in his or her home or that relates to an unborn child of an adult expectant mother shall be for a specified length of time not to exceed one year after the date on which the order is granted.
(b) Except as provided in s. 48.368, an order under this section that continues the placement of a child in an out-of-home placement shall be for a specified length of time not to exceed the latest of the following dates:
1. The date on which the child attains 18 years of age.
2. The date that is one year after the date on which the order is granted.
3. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains 19 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 19 years of age.
4. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains 21 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the child. The court may not grant an order that terminates as provided in this subdivision unless the child is 17 years of age or older when the order is granted and the child, or the child's guardian on behalf of the child, agrees to the order. At any time after the child attains 18 years of age, the child, or the child's guardian on behalf of the child, may request the court in writing to terminate the order and, on receipt of such a request, the court, without a hearing, shall terminate the order.
(6) If a request to extend a dispositional order is made prior to the termination of the order, but the court is unable to conduct a hearing on the request prior to the termination date, the court may extend the order for a period of not more than 30 days, not including any period of delay resulting from any of the circumstances specified in s. 48.315 (1). The court shall grant appropriate relief as provided in s. 48.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time period specified in this subsection. Failure to object if a hearing is not held within the time period under this subsection waives any challenge to the court's competency to act on the request.
(7) Nothing in this section may be construed to allow any changes in placement or trial reunifications. Changes in placement may take place only under s. 48.357, and trial reunifications may take place only under s. 48.358.
History: 1977 c. 354; 1979 c. 300; 1983 a. 351, 399, 538; 1985 a. 172; 1987 a. 383; 1989 a. 31, 86, 107, 359; 1993 a. 16, 98, 377, 446; 1995 a. 27, 77, 275; 1997 a. 27, 80, 237, 292; 1999 a. 32, 149; 2001 a. 109; 2007 a. 199; 2009 a. 28, 79, 94, 185; 2011 a. 181, 258; 2011 a. 260 s. 80; 2013 a. 165, 170, 334; 2015 a. 373.
An extension under sub. (6) does not deprive a juvenile of liberty without due process. In Interest of S.D.R., 109 Wis. 2d 567, 326 N.W.2d 762 (1982).
The court may extend a dispositional order for 30 days under sub. (6) to consider a petition to extend the original order even when the juvenile turns 18 during the extension period. In Interest of W.P., 153 Wis. 2d 50, 449 N.W.2d 615 (1990).
As I See It: Aging Out: Crossing into Adulthood Without a Net. Kilander. Wis. Law. Sept. 2014.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 48 - Children's code.

48.01 - Title and legislative purpose.

48.02 - Definitions.

48.022 - Electronic filing.

48.023 - Guardianship.

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.

48.04 - Employees of court.

48.06 - Services for court.

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.

48.11 - Advisory board.

48.13 - Jurisdiction over children alleged to be in need of protection or services.

48.133 - Jurisdiction over unborn children in need of protection or services and the expectant mothers of those unborn children.

48.135 - Referral of children and expectant mothers of unborn children to proceedings under chapter 51 or 55.

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.

48.185 - Venue.

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.

48.227 - Runaway homes.

48.23 - Right to counsel.

48.233 - Five-county pilot program.

48.235 - Guardian ad litem.

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.

48.27 - Notice; summons.

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.

48.293 - Discovery.

48.295 - Physical, psychological, mental or developmental examination.

48.297 - Motions before trial.

48.299 - Procedures at hearings.

48.30 - Plea hearing.

48.305 - Hearing upon the involuntary removal of a child or expectant mother.

48.31 - Fact-finding hearing.

48.315 - Delays, continuances and extensions.

48.317 - Jeopardy.

48.32 - Consent decree.

48.33 - Court reports.

48.335 - Dispositional hearings.

48.345 - Disposition of child or unborn child of child expectant mother adjudged in need of protection or services.

48.347 - Disposition of unborn child of adult expectant mother adjudged in need of protection or services.

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.

48.358 - Trial reunification.

48.36 - Payment for services.

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.

48.365 - Extension of orders.

48.366 - Extended out-of-home care.

48.368 - Continuation of dispositional orders.

48.37 - Costs and fees.

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.

48.38 - Permanency planning.

48.383 - Reasonable and prudent parent standard.

48.385 - Plan for transition to independent living.

48.396 - Records.

48.40 - Definitions.

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.

48.42 - Procedure.

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.

48.427 - Dispositions.

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.

48.435 - Custody of children.

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.

48.47 - Duties 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.

48.599 - Definitions.

48.60 - Child welfare agencies licensed.

48.61 - Powers and duties of child welfare agencies.

48.615 - Child welfare agency licensing fees.

48.619 - Definition.

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.

48.645 - Foster care aid.

48.647 - Second-chance homes.

48.65 - Child care centers licensed; fees.

48.651 - Certification of child care providers.

48.653 - Information for child care providers.

48.655 - Parental access.

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.

48.67 - Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments.

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.

48.72 - Appeal procedure.

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.

48.76 - Penalties.

48.77 - Injunction against violations.

48.78 - Confidentiality of records.

48.79 - Powers of the department.

48.80 - Municipalities may sponsor activities.

48.81 - Who may be adopted.

48.82 - Who may adopt.

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.

48.833 - Placement of children 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.

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.

48.91 - Hearing; order.

48.913 - Payments by adoptive or proposed adoptive parents to a birth parent or child or on behalf of a birth parent or child.

48.915 - Adoption appeals given preference.

48.92 - Effect of adoption.

48.925 - Visitation rights of certain persons.

48.93 - Records closed.

48.94 - New birth record.

48.95 - Withdrawal or denial of petition.

48.96 - Subsequent adoption.

48.97 - Adoption and guardianship orders of other jurisdictions.

48.975 - Adoption assistance.

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.

48.9985 - Interstate adoption agreements.

48.999 - Expediting interstate placements of children.