48.028 Indian child welfare.

781 words·~4 min read·/wi/chapter-48/48-028

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Declaration of policy. In Indian child custody proceedings, the best interests of the Indian child shall be determined in accordance with s. 48.01

(2).

(2)Definitions. In this section:

(a)“Adoptive placement” means the permanent placement of an Indian child for adoption.

(am)“Extended family member” means a person who is defined as a member of an Indian child’s extended family by the law or custom of the Indian child’s tribe or, in the absence of such a law or custom, a person who has attained the age of 18 years and who is the Indian child’s grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, first cousin, 2nd cousin, or stepparent.

(b)“Former Indian custodian” means a person who was the Indian custodian of an Indian child before termination of parental rights to and adoption of the Indian child.

(c)“Former parent” means a person who was the parent of an Indian child before termination of parental rights to and adoption of the Indian child.

(d)“Indian child custody proceeding” means a proceeding governed by the federal Indian Child Welfare Act, 25 USC 1901 to 1963 , in which any of the following may occur:

1. An adoptive placement.

2. An out-of-home care placement.

3. A preadoptive placement.

4. A termination of parental rights, as defined in s. 48.40

(2)to an Indian child.

5. A delegation of powers by a parent regarding the care and custody of an Indian child for longer than one year under s. 48.979 .

(e)“Out-of-home care placement” means the removal of an Indian child from the home of his or her parent or Indian custodian for temporary placement in a foster home, group home, residential care center for children and youth, or shelter care facility, in the home of a relative other than a parent, in the home of like-kin, or in the home of a guardian, from which placement the parent or Indian custodian cannot have the child returned upon demand. “Out-of-home care placement” does not include an adoptive placement, a preadoptive placement, a delegation of powers, as described in par.

(d)5. , an emergency change in placement under s. 48.357

(b), or holding an Indian child in custody under ss. 48.19 to 48.21 .

(f)“Preadoptive placement” means the temporary placement of an Indian 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 like-kin, or in the home of a guardian after a termination of parental rights but prior to or in lieu of an adoptive placement. “Preadoptive placement” does not include an emergency change in placement under s. 48.437

(2).

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

1. A member of the Indian child’s tribe recognized by the Indian child’s tribal community as knowledgeable regarding the tribe’s customs relating to family organization or child-rearing practices.

2. A member of another tribe who is knowledgeable regarding the customs of the Indian child’s tribe relating to family organization or child-rearing practices.

3. A professional person having substantial education and experience in the person’s professional specialty and having substantial knowledge of the customs, traditions, and values of the Indian child’s tribe relating to family organization and child-rearing practices.

4. A layperson having substantial experience in the delivery of child and family services to Indians and substantial knowledge of the prevailing social and cultural standards and child-rearing practices of the Indian child’s tribe.

(h)“Reservation” means Indian country, as defined in 18 USC 1151 , or any land not covered under that section to which title is either held by the United States in trust for the benefit of an Indian tribe or individual or held by an Indian tribe or individual, subject to a restriction by the United States against alienation.

(3)Jurisdiction over Indian child custody proceedings.

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