SB572,14,2218 48.02 (18j) "Tribal court" means a court that has jurisdiction over Indian child
19custody proceedings, and that is either a court of Indian offenses or a court
20established and operated under the code or custom of an Indian tribe, or any other
21administrative body of an Indian tribe that is vested with authority over Indian child
22custody proceedings.

SB572,15,2 2448.028 Indian child welfare. (1) Declaration of policy. In Indian child
25custody proceedings, the best interests of the Indian child shall be determined

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1consistent with the federal Indian Child Welfare Act, 25 USC 1901 to 1963. It is the
2policy of this state to do all of the following:

SB572,15,43 (a) Cooperate fully with Indian tribes in order to ensure that the federal Indian
4Child Welfare Act is enforced in this state.

SB572,15,65 (b) Protect the best interests of Indian children and promote the stability and
6security of Indian tribes and families by doing all of the following:

SB572,15,107 1. Establishing minimum standards for the removal of Indian children from
8their families and placing those children in out-of-home care placements,
9preadoptive placements, or adoptive placements that will reflect the unique value of
10Indian culture.

SB572,15,18112. Using practices, in accordance with the federal Indian Child Welfare Act, 25
12USC 1901 to 1963, this section, and other applicable law, that are designed to prevent
13the voluntary or involuntary out-of-home care placement of Indian children and,
14when an out-of-home care placement, adoptive placement, or preadoptive
15placement is necessary, placing an Indian child in a placement that reflects the
16unique values of the Indian child's tribal culture and that is best able to assist the
17Indian child in establishing, developing, and maintaining a political, cultural, and
18social relationship with the Indian child's tribe and tribal community.

SB572,15,19 19(2) Definitions. In this section:

SB572,15,2120 (a) "Adoptive placement" means the permanent placement of an Indian child
21for adoption.

SB572,16,222 (am) "Extended family member" means a person who is defined as a member
23of an Indian child's extended family by the law or custom of the Indian child's tribe
24or, in the absence of such a law or custom, a person who has attained the age of 18

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1years and who is the Indian child's grandparent, aunt, uncle, brother, sister,
2brother-in-law, sister-in-law, niece, nephew, first cousin, 2nd cousin, or stepparent.

SB572,16,53 (b) "Former Indian custodian" means a person who was the Indian custodian
4of an Indian child before termination of parental rights to and adoption of the Indian
5child.

SB572,16,76 (c) "Former parent" means a person who was the parent of an Indian child
7before termination of parental rights to and adoption of the Indian child.

SB572,16,108 (d) "Indian child custody proceeding" means a proceeding governed by the
9federal Indian Child Welfare Act, 25 USC 1901 to 1963, in which any of the following
10may occur:

SB572,16,1111 1. An adoptive placement.

SB572,16,1212 2. An out-of-home care placement.

SB572,16,1313 3. A preadoptive placement.

SB572,16,1414 4. A termination of parental rights, as defined in s. 48.40 (2) to an Indian child.

SB572,16,2015 (e) "Out-of-home care placement" means the removal of an Indian child from
16his or her parent or Indian custodian for temporary placement in a foster home,
17treatment foster home, group home, residential care center for children and youth,
18or shelter care facility, in the home of a relative other than a parent, or in the home
19of a guardian, from which placement the parent or Indian custodian cannot have the
20child returned upon demand.

SB572,16,2521 (f) "Preadoptive placement" means the temporary placement of an Indian child
22in a foster home, treatment foster home, group home, or residential care center for
23children and youth, in the home of a relative other than a parent, or in the home of
24a guardian after a termination of parental rights but prior to or in lieu of an adoptive
25placement.

SB572,17,1

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1(g) "Qualified expert witness" means a person who is any of the following:

SB572,17,42 1. A member of the Indian child's tribe recognized by the Indian child's tribal
3community as knowledgeable regarding the tribe's customs relating to family
4organization or child-rearing practices.

SB572,17,65 2. A member of another tribe who is knowledgeable regarding the customs of
6the Indian child's tribe relating to family organization or child-rearing practices.

SB572,17,107 3. A professional person having substantial education and experience in the
8person's professional speciality and having extensive knowledge of the customs,
9traditions, and values of the Indian child's tribe relating to family organization and
10child-rearing practices.

SB572,17,1311 4. A layperson having substantial experience in the delivery of child and family
12services to Indians and substantial knowledge of the prevailing social and cultural
13standards and child-rearing practices of the Indian child's tribe.

SB572,17,23 14(3) Jurisdiction over Indian child custody proceedings. (a) Applicability.
15This section and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, apply
16to any Indian child custody proceeding regardless of whether the Indian child is in
17the legal custody or physical custody of an Indian parent, Indian custodian, extended
18family member, or other person at the commencement of the proceeding and whether
19the Indian child resides or is domiciled on or off of a reservation. A court assigned
20to exercise jurisdiction under this chapter may not determine whether this section
21and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, apply to an Indian
22child custody proceeding based on whether the Indian child is part of an existing
23Indian family.

SB572,18,424 (b) Exclusive tribal jurisdiction. 1. An Indian tribe shall have exclusive
25jurisdiction over any Indian child custody proceeding involving an Indian child who

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1resides or is domiciled within the reservation of the tribe, except when that
2jurisdiction is otherwise vested in the state by federal law and except as provided in
3subd. 2. If an Indian child is a ward of a tribal court, the Indian tribe shall retain
4exclusive jurisdiction regardless of the residence or domicile of the child.

SB572,18,145 2. Subdivision 1. does not prevent an Indian child who resides or is domiciled
6within a reservation, but who is temporarily located off the reservation, from being
7taken into and held in custody under ss. 48.19 to 48.21 in order to prevent imminent
8physical harm or damage to the Indian child. The person taking the Indian child into
9custody or the intake worker shall immediately release the Indian child from custody
10upon determining that holding the Indian child in custody is no longer necessary to
11prevent imminent physical damage or harm to the Indian child and shall
12expeditiously restore the Indian child to his or her parent or Indian custodian,
13release the Indian child to an appropriate official of the Indian child's tribe, or
14initiate an Indian child custody proceeding, as may be appropriate.

SB572,18,2115 (c) Transfer of proceedings to tribe. In any Indian child custody proceeding
16under this chapter involving an out-of-home placement of, or termination of
17parental rights to, an Indian child who is not residing or domiciled within the
18reservation of the Indian child's tribe, the court assigned to exercise jurisdiction
19under this chapter shall, upon the petition of the Indian child's parent, Indian
20custodian, or tribe, transfer the proceeding to the jurisdiction of the tribe unless any
21of the following applies:

SB572,18,2222 1. A parent of the Indian child objects to the transfer.

SB572,18,2423 2. The Indian child's tribe does not have a tribal court or tribal court of the
24Indian child's tribe declines jurisdiction.

SB572,19,3

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13. The court determines that good cause exists to deny the transfer. The court
2may determine that good cause exists to deny the transfer only if the person opposing
3the transfer shows to the satisfaction of the court any of the following:

SB572,19,44 a. That the Indian child is 12 years of age or over and objects to the transfer.

SB572,19,115 b. That the evidence or testimony necessary to decide the case cannot be
6presented in tribal court without undue hardship to the parties or the witnesses and
7that the tribal court is unable to mitigate the hardship by making arrangements to
8receive the evidence or testimony by use of telephone or live audiovisual means, by
9hearing the evidence or testimony at a location that is convenient to the parties and
10witnesses, or by use of other means permissible under the tribal court's rules of
11evidence.

SB572,19,2012 (d) Declination of jurisdiction. If the court assigned to exercise jurisdiction
13under this chapter determines that the petitioner in an Indian child custody
14proceeding has improperly removed the Indian child from the custody of his or her
15parent or Indian custodian or has improperly retained custody of the Indian child
16after a visit or other temporary relinquishment of custody, the court shall decline
17jurisdiction over the petition and immediately return the Indian child to the custody
18of the parent or Indian custodian, unless the court determines that returning the
19Indian child to his or her parent or Indian custodian would subject the Indian child
20to substantial and immediate danger or the threat of that danger.

SB572,19,2321 (e) Intervention. An Indian child's Indian custodian or tribe may intervene at
22any point in an Indian child custody proceeding under this chapter involving an
23out-of-home care placement of, or termination of parental rights to, the Indian child.

SB572,20,324 (f) Full faith and credit. The state shall give full faith and credit to the public
25acts, records, and judicial proceedings of any Indian tribe that are applicable to an

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1Indian child custody proceeding to the same extent that the state gives full faith and
2credit to the public acts, records, and judicial proceedings of any other governmental
3entity.

SB572,20,22 4(4) Court proceedings. (a) Notice. In any involuntary proceeding involving
5the out-of-home care placement of, termination of parental rights to, or return of
6custody under sub. (8) (a) of a child whom the court knows or has reason to know is
7an Indian child, the court or party seeking the out-of-home care placement,
8termination of parental rights, or return of custody shall, for the first hearing at the
9plea, fact-finding, and dispositional stages of the proceeding, notify the Indian
10child's parent, former parent, Indian custodian, former Indian custodian, and tribe,
11by certified mail of the pending proceeding and of their right to intervene in the
12proceeding. Notice of subsequent hearings in a stage of a proceeding shall be in
13writing and may be given by mail, personal delivery, or facsimile transmission, but
14not by electronic mail. If the identity or location of the Indian child's parent, former
15parent, Indian custodian, former Indian custodian, or tribe cannot be determined,
16that notice shall be given to the U.S. secretary of the interior in like manner. The next
17hearing in the proceeding may not be held until at least 10 days after receipt of the
18notice by the parent, former parent, Indian custodian, former Indian custodian, and
19tribe or until at least 25 days after receipt of the notice by the U.S. secretary of the
20interior. On request of the parent, former parent, Indian custodian, former Indian
21custodian, or tribe, the court shall grant a continuance of up to 20 additional days
22to enable the requester to prepare for that hearing.

SB572,21,523 (b) Appointment of counsel. Whenever an Indian child is the subject of a
24proceeding involving the removal of the Indian child from his or her home, placement
25of the Indian child in an out-of-home care placement or termination of parental

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1rights to the Indian child, the Indian child's parent or Indian custodian shall have
2the right to be represented by court-appointed counsel as provided in s. 48.23 (2g).
3The court may also, in its discretion, appoint counsel for the Indian child under s.
448.23 (1m) or (3) if the court finds that the appointment is in the best interests of the
5Indian child.

SB572,21,116 (c) Examination of reports and other documents. Each party to a proceeding
7involving the out-of-home care placement of, termination of parental rights to, or
8return of custody under sub. (8) (a) of an Indian child shall have the right to examine
9all reports or other documents filed with the court upon which any decision with
10respect to the out-of-home care placement, termination of parental rights, or return
11of custody may be based.

SB572,21,1412 (d) Out-of-home care placement; serious damage and active efforts. The court
13may not order an Indian child to be removed from the Indian child's home and placed
14in an out-of-home care placement unless all of the following occur:

SB572,21,1815 1. The court or jury finds by clear and convincing evidence, including the
16testimony of one or more qualified expert witnesses chosen in the order of preference
17listed in par. (f), that continued custody of the Indian child by the parent or Indian
18custodian is likely to result in serious emotional or physical damage to the child.

SB572,21,2319 2. The court or jury finds by clear and convincing evidence that active efforts,
20as described in par. (g), have been made to provide remedial services and
21rehabilitation programs designed to prevent the breakup of the Indian family and
22that those efforts have proved unsuccessful. The court shall make that finding
23notwithstanding that a circumstance specified in s. 48.355 (2d) (b) 1. to 5. applies.

SB572,22,3

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1(e) Involuntary termination of parental rights; serious damage and active
2efforts. The court may not order an involuntary termination of parental rights to an
3Indian child unless all of the following occur:

SB572,22,74 1. The court or jury finds beyond a reasonable doubt, including the testimony
5of one or more qualified expert witnesses chosen in the order of preference listed in
6par. (f), that the continued custody of the Indian child by the parent or Indian
7custodian is likely to result in serious emotional or physical damage to the child.

SB572,22,118 2. The court or jury finds beyond a reasonable doubt that active efforts, as
9described in par. (g), have been made to provide remedial services and rehabilitation
10programs designed to prevent the breakup of the Indian family and that those efforts
11have proved unsuccessful.

SB572,22,1312 (f) Qualified expert witness; order of preference. A qualified expert witness shall
13be chosen in the following order of preference:

SB572,22,1414 1. A member of the Indian child's tribe described in sub. (2) (g) 1.

SB572,22,1515 2. A member of another tribe described in sub. (2) (g) 2.

SB572,22,1616 3. A professional person described in sub. (2) (g) 3.

SB572,22,1717 4. A layperson described in sub. (2) (g) 4.

SB572,23,418 (g) Active efforts standard. The court may not order an Indian child to be placed
19in an out-of-home care placement or order an involuntary termination of parental
20rights to an Indian child unless the evidence of active efforts under par. (d) 2. or (e)
212. shows that there has been a vigorous and concerted level of case work beyond the
22level that typically constitutes reasonable efforts, as described in s. 48.355 (2c), or
23an earnest and conscientious effort, as in s. 48.415 (intro.). The active efforts shall
24be made in a manner that takes into account the prevailing social and cultural
25values, conditions, and way of life of the Indian child's tribe and that utilizes the

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1available resources of the Indian child's tribe, tribal and other Indian child welfare
2agencies, extended family members of the Indian child, and other individual Indian
3caregivers. The court's consideration of whether active efforts were made under par.
4(d) 2. or (e) 2. shall include whether all of the following activities were conducted:

SB572,23,65 1. The Indian child's tribe was requested to convene traditional and customary
6support, actions, and services to resolve the Indian family's issues.

SB572,23,97 2. Representatives of the Indian child's tribe were identified, notified, and
8invited to participate in all aspects of the Indian child custody proceeding at the
9earliest possible point in the proceeding.

SB572,23,1110 3. Extended family members of the Indian child were consulted to identify and
11provide family structure and support for the Indian child.

SB572,23,1212 4. Frequent visitation was made to the Indian child's home.

SB572,23,1413 5. Contact was made with extended family members of the Indian child to
14assure appropriate cultural connections.

SB572,23,1615 6. All family preservation alternatives appropriate to the Indian child's tribe
16were exhausted.

SB572,23,2017 7. Community resources offering housing, financial, and transportation
18assistance were identified, information about those resources was provided to the
19Indian family, and the Indian family was actively assisted in accessing those
20resources.

SB572,24,10 21(5) Voluntary proceedings; consent; withdrawal. (a) Out-of-home care
22placement. A voluntary consent by a parent or Indian custodian to an out-of-home
23care placement of an Indian child under s. 48.63 (1) or (5) (b) is not valid unless the
24consent is executed in writing, recorded before a judge, and accompanied by a written
25certification by the judge that the terms and consequences of the consent were fully

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1explained in detail to and were fully understood by the parent or Indian custodian.
2The judge shall also certify that the parent or Indian custodian fully understood the
3explanation in English or that the explanation was interpreted into a language that
4the parent or Indian custodian understood. Any consent given under this paragraph
5prior to or within 10 days after the birth of the Indian child is not valid. A parent or
6Indian custodian who has executed a consent under this paragraph may withdraw
7the consent for any reason at any time, and the Indian child shall be returned to the
8parent or Indian custodian. A parent or Indian custodian who has executed a consent
9under this paragraph may also move to invalidate the out-of-home care placement
10under sub. (6).

SB572,24,2511 (b) Termination of parental rights. A voluntary consent by a parent to a
12termination of parental rights under s. 48.41 (2) (e) is not valid unless the consent
13is executed in writing, recorded before a judge, and accompanied by a written
14certification by the judge that the terms and consequences of the consent were fully
15explained in detail to and were fully understood by the parent. The judge shall also
16certify that the parent fully understood the explanation in English or that the
17explanation was interpreted into a language that the parent understood. Any
18consent given under this paragraph prior to or within 10 days after the birth of the
19Indian child is not valid. A parent who has executed a consent under this paragraph
20may withdraw the consent for any reason at any time prior to the entry of a final
21order terminating parental rights, and the Indian child shall be returned to his or
22her parent. After the entry of a final order terminating parental rights, a parent who
23has executed a consent under this paragraph may withdraw that consent as provided
24in par. (c), move to invalidate the termination of parental rights under sub. (6), or
25move for relief from the judgment under s. 48.46 (2).

SB572,25,11

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1(c) Withdrawal of consent after order granting adoption. After the entry of a
2final order granting adoption of an Indian child, a parent who has consented to
3termination of parental rights under s. 48.41 (2) (e) may withdraw that consent and
4move the court for relief from the judgment on the grounds that the consent was
5obtained through fraud or duress. Any such motion shall be filed within 2 years after
6the entry of an order granting adoption of the Indian child. A motion under this
7subsection does not affect the finality or suspend the operation of the judgment or
8order terminating parental rights or granting adoption. If the court finds that the
9consent was obtained through fraud or duress, the court shall vacate the judgment
10or order terminating parental rights and, if applicable, the order granting adoption
11and return the Indian child to the custody of the parent.

SB572,25,20 12(6) Invalidation of action. Any Indian child who is the subject of an
13out-of-home care placement or of a termination of parental rights proceeding, any
14parent or Indian custodian from whose custody that Indian child was removed, or the
15Indian child's tribe may move the court to invalidate that out-of-home care
16placement or termination of parental rights on the grounds that the out-of-home
17care placement was made or the termination of parental rights was ordered in
18violation of sub. (3), (4), or (5) or 25 USC 1911, 1912, or 1913. If the court finds that
19those grounds exist, the court shall invalidate the out-of-home care placement or
20termination of parental rights.

SB572,25,24 21(7) Placement of Indian child. (a) Adoptive placement; preferences. Subject
22to pars. (c) and (d), in placing an Indian child for adoption, preference shall be given,
23in the absence of good cause, as described in par. (e), to the contrary, to a placement
24with one of the following, in the order of preference listed:

SB572,25,2525 1. An extended family member of the Indian child.

SB572,26,1

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12. Another member of the Indian child's tribe.

SB572,26,22 3. Another Indian family.

SB572,26,113 (b) Out-of-home care or preadoptive placement; preferences. Any Indian child
4who is accepted for an out-of-home care placement or a preadoptive placement shall
5be placed in the least restrictive setting that most approximates a family, that meets
6the Indian child's special needs, if any, and that is within reasonable proximity to the
7Indian child's home, taking into account those special needs. Subject to pars. (c) to
8(e), in placing an Indian child in an out-of-home care placement or a preadoptive
9placement, preference shall be given, in the absence of good cause, as described in
10par. (e), to the contrary, to a placement in one of the following, in the order of
11preference listed:

SB572,26,1212 1. The home of an extended family member of the Indian child.

SB572,26,1413 2. A foster home or treatment foster home licensed, approved, or specified by
14the Indian child's tribe.

SB572,26,1615 3. An Indian foster home or treatment foster home licensed or approved by the
16department, a county department, or a child welfare agency.

SB572,26,1917 4. A group home or residential care center for children and youth approved by
18an Indian tribe or operated by an Indian organization that has a program suitable
19to meet the needs of the Indian child.

SB572,27,420 (c) Tribal or personal preferences. If the Indian child's tribe has established, by
21resolution, an order of preference that is different from the order specified in par. (a)
22or (b), the order of preference established by that tribe shall be followed, in the
23absence of good cause, as described in par. (e), to the contrary, so long as the
24placement under par. (a) is appropriate for the Indian child's special needs, if any,
25and the placement under par. (b) is the least restrictive setting appropriate for the

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1Indian child's needs as specified in par. (b). When appropriate, the preference of the
2Indian child or parent shall be considered, and, when a parent who has consented
3to the placement evidences a desire for anonymity, that desire shall be given weight,
4in determining the placement.

SB572,27,95 (d) Social and cultural standards. The standards to be applied in meeting the
6placement preference requirements of this subsection shall be the prevailing social
7and cultural standards of the Indian community in which the Indian child's parents
8or extended family members reside or with which the Indian child's parents or
9extended family members maintain social and cultural ties.

SB572,27,1210 (e) Good cause. 1. Whether there is good cause to depart from the order of
11placement preference under par. (a), (b), or (c) shall be determined based on any one
12or more of the following considerations:

SB572,27,1613 a. When appropriate, the request of the Indian child's parent or, if the Indian
14child is of sufficient age and developmental level to make an informed decision, the
15Indian child, unless the request is made for the purpose of avoiding the application
16of this section and the federal Indian Child Welfare Act, 26 USC 1901 to 1963.

SB572,27,2117 b. Any extraordinary physical, mental, or emotional health needs of the Indian
18child requiring highly specialized treatment services as established by the testimony
19of an export witness, including a qualified expert witness. The length of time that
20an Indian child has been in a placement does not, in itself, constitute an
21extraordinary emotional health need.

SB572,27,2422 c. The unavailability of a suitable placement for the Indian child after active
23efforts, as described in sub. (4) (g), have been made to place the Indian child in the
24order of preference under par. (a), (b), or (c).

SB572,28,2

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12. The burden of establishing good cause to depart from the order of placement
2preference under par. (a), (b), or (c) shall be on the party requesting that departure.

SB572,28,83 (f) Report of placement. The department, a county department, or a child
4welfare agency shall maintain a record of each adoptive placement, out-of-home
5care placement, and preadoptive placement made of an Indian child, evidencing the
6efforts made to comply with the placement preference requirements specified in this
7subsection, and shall make that record available at any time on the request of the
8U.S. secretary of the interior or the Indian child's tribe.

SB572,28,16 9(8) Return of custody. (a) Adoption vacated, set aside, or terminated. 1. If
10a final order granting adoption of an Indian child is vacated or set aside or if the
11parental rights to an Indian child of all adoptive parents of the Indian child are
12voluntarily terminated, the court that vacated or set aside the final decree of
13adoption or that ordered the termination of parental rights of the adoptive parents
14shall notify the Indian child's former parent and former Indian custodian and the
15former parent or former Indian custodian may petition for the return of custody of
16the Indian child.

SB572,29,217 2. On receipt of a petition under subd. 1., the court shall set a date for a hearing
18on the petition that allows reasonable time for the parties to prepare. The court shall
19provide notice of the hearing to the guardian and legal custodian of the Indian child,
20to all other interested parties as provided in s. 48.27 (6), and to the Indian child's
21former parent, former Indian custodian, and tribe in the manner specified in sub. (4)
22(a). The hearing on the petition may not be held until at least 10 days after receipt
23of the notice of the hearing by the Indian child's former parent, former Indian
24custodian, and tribe or until at least 25 days after receipt of the notice of the hearing
25by the U.S. secretary of the interior. On request of the Indian child's former parent,

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1former Indian custodian, or tribe, the court shall grant a continuance of up to 20
2additional days to enable the requester to prepare for the hearing.

SB572,29,63 3. At the conclusion of the hearing, the court shall grant a petition for the return
4of custody of the Indian child to the Indian child's former parent or former Indian
5custodian unless there is a showing that return of custody is not in the best interests
6of the Indian child.

SB572,29,137 (b) Removal from out-of-home care placement. If an Indian child is removed
8from an out-of-home care placement for the purpose of placing the Indian child in
9another out-of-home care placement, a preadoptive placement, or an adoptive
10placement, the placement shall be made in accordance with this section. Removal
11of an Indian child from an out-of-home care placement for the purpose of returning
12the Indian child to the home of the parent or Indian custodian from whose custody
13the Indian child was originally removed is not subject to this section.

SB572,29,18 14(9) Adoptee information. (a) Provision of information to U.S. secretary of the
15interior. At the time a court enters an order granting adoption of an Indian child, the
16court shall provide the U.S. secretary of the interior with a copy of the order, together
17with such other records and papers pertaining to the adoption proceeding as may be
18necessary to provide that secretary with all of the following information:

SB572,29,1919 1. The name and tribal affiliation of the Indian child.

SB572,29,2020 2. The names and addresses of the Indian child's birth parents.

SB572,29,2121 3. The names and addresses of the Indian child's adoptive parents.

SB572,29,2322 4. The identity of any agency that has in its possession any files or information
23relating to the adoptive placement of the Indian child.