Terms Used In Wisconsin Statutes 48.425

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
  • Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
   (1)    If the court orders an agency enumerated under s. 48.069 (1) or (2) to file a report under s. 48.422 (8) or 48.424 (4) (b) or requests the tribal child welfare department of an Indian child’s tribe to file such a report, the agency or tribal child welfare department, if that department consents, shall file a report with the court which shall include:
      (a)    The social history of the child.
      (am)    A medical record of the child on a form provided by the department which shall include:
         1.    The medical and genetic history of the birth parents and any medical and genetic information furnished by the birth parents about the child’s grandparents, aunts, uncles, brothers and sisters.
         2.    A report of any medical examination which either birth parent had within one year before the date of the petition.
         3.    A report describing the child’s prenatal care and medical condition at birth.
         4.    The medical and genetic history of the child and any other relevant medical and genetic information.
      (b)    A statement of the facts supporting the need for termination.
      (c)    If the child has been previously adjudicated to be in need of protection and services, a statement of the steps the agency or person responsible for provision of services has taken to remedy the conditions responsible for court intervention and the parent’s response to and cooperation with these services. If the child has been removed from the home, the report shall also include a statement of the reasons why the child cannot be returned safely to the family and the steps the person or agency has taken to effect this return. If a permanency plan has previously been prepared for the child, the report shall also include specific information showing that the agency primarily responsible for providing services to the child has made reasonable efforts to achieve the goal of the child’s permanency plan, including, if appropriate, through an out-of-state placement.
      (cm)    If the petition is seeking the involuntary termination of parental rights to 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) (e) 1. and, if the Indian child has previously been adjudged to be in need of protection or services, specific information showing that active efforts under s. 48.028 (4) (e) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful.
      (d)    A statement of other appropriate services, if any, which might allow the child to return safely to the home of the parent.
      (e)    A statement applying the standards and factors enumerated in s. 48.426 (2) and (3) to the case before the court.
      (f)    If the report recommends that the parental rights of both of the child’s parents or the child’s only living or known parent are to be terminated, the report shall contain a statement of the likelihood that the child will be adopted. This statement shall be prepared by an agency designated in s. 48.427 (3m) (a) 1. to 4. or (am) and include a presentation of the factors that might prevent adoption, those that would facilitate adoption, and the agency that would be responsible for accomplishing the adoption.
      (g)    If an agency designated under s. 48.427 (3m) (a) 1. to 4. or (am) determines that it is unlikely that the child will be adopted, or if adoption would not be in the best interests of the child, the report shall include a plan for placing the child in a permanent family setting. The plan shall include a recommendation as to the agency to be named guardian of the child, a recommendation that the person appointed as the guardian of the child under s. 48.977 (2) continue to be the guardian of the child, or a recommendation that a guardian be appointed for the child under s. 48.977 (2).
   (1m)   The agency required under sub. (1) to file the report shall prepare the medical record within 60 days after the date of the petition for the termination of parental rights.
   (2)   The court may waive the report required under this section if consent is given under s. 48.41, but shall order the birth parent or parents to provide the department with the information specified under sub. (1) (am).
   (3)   The court may order a report as specified under this section to be prepared by an agency in those cases where the petition is filed by someone other than an agency.