48.255 Petition; form and content.

740 words·~3 min read·/wi/chapter-48/48-255

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

(1)A petition initiating proceedings under this chapter, other than a petition under s. 48.133 or 48.9795 , shall be entitled, “In the interest of (child’s name), a person under the age of 18” and shall set forth with specificity:

(a)The name, birth date, and address of the child and whether the child has been adopted.

(b)The names and addresses of the child’s parent, guardian, legal custodian or spouse, if any; or if no such person can be identified, the name and address of the nearest relative.

(c)Whether the child is in custody, and, if so, the place where the child is being held and the time he or she was taken into custody unless there is reasonable cause to believe that such disclosure would result in imminent danger to the child or physical custodian.

(cg)The information required under s. 822.29

(1).

(cm)Whether the child may be subject to the federal Indian Child Welfare Act, 25 USC 1901 to 1963 , and, if the child may be subject to that act, the names and addresses of the child’s Indian custodian, if any, and Indian tribe, if known.

(e)If the child is alleged to come within the provisions of s. 48.13 or 48.14 , reliable and credible information which forms the basis of the allegations necessary to invoke the jurisdiction of the court and to provide reasonable notice of the conduct or circumstances to be considered by the court together with a statement that the child is in need of supervision, services, care or rehabilitation.

(f)If the child is being held in custody outside of his or her home, reliable and credible information showing that continued placement of the child in his or her home would be contrary to the welfare of the child and, unless any of the circumstances specified in s. 48.355

(b)1. to 5. applies, reliable and credible information showing that the person who took the child into custody and the intake worker have 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, and to make it possible for the child to return safely home.

(g)If the petitioner knows or has reason to know that the child is an Indian child, and if the child has been removed from the home of his or her parent or Indian custodian, reliable and credible information showing that continued custody of the child by the child’s parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028

(d)1. and reliable and credible information showing that active efforts under s. 48.028

(d)2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful. The petition shall set forth with specificity both the information required under this paragraph and the information required under par.

(f).

(1m)A petition initiating proceedings under s. 48.133 shall be entitled “In the interest of (J. Doe), an unborn child, and (expectant mother’s name), the unborn child’s expectant mother” and shall set forth with specificity:

(a)The estimated gestational age of the unborn child.

(b)The name, birth date and address of the expectant mother.

(bm)The names and addresses of the parent, guardian, legal custodian or spouse, if any, of the expectant mother, if the expectant mother is a child, the name and address of the spouse, if any, of the expectant mother, if the expectant mother is an adult, or, if no such person can be identified, the name and address of the nearest relative of the expectant mother.

(c)Whether the expectant mother is in custody and, if so, the place where the expectant mother is being held and the time when the expectant mother was taken into custody unless there is reasonable cause to believe that disclosure of that information would result in imminent danger to the unborn child, expectant mother or physical custodian.

(d)Whether the unborn child, when born, may be subject to the federal Indian Child Welfare Act, 25 USC 1901 to 1963 , and, if the unborn child may be subject to that act, the name and address of the Indian tribe in which the unborn child may be eligible for affiliation when born, if known.