Child Welfare and Family Law

The Children’s Code, ch. 48, Stats., provides children’s courts with exclusive jurisdiction over children who may be abused or neglected by their parents or caregivers. Wisconsin law refers to children involved in these cases as children in need of protection or services (CHIPS). Very generally, if the children’s court finds that it has jurisdiction over a child is in need of protection or services, based on facts alleged in a CHIPS petition, it may order placement, care, or treatment options for the child and the child’s family. This information memorandum provides a broad overview of the legal procedures involved in CHIPS adjudications in Wisconsin.

The Indian Child Welfare Act (ICWA) applies when an “Indian child” is the subject of certain types of custody proceedings, including those involving placement of the Indian child in out-of-home care or termination of the rights of an Indian child’s parent (TPR). When applicable, ICWA requires that a proceeding comply with various requirements in addition to those required under state child welfare laws, such as requiring transfer of jurisdiction to a tribal court, preferences for specified extended family or tribal members as placement options, and additional legal findings before placing an Indian child outside the home or terminating the rights of an Indian child’s parents.

While reports of child abuse and neglect are generally confidential, both federal and Wisconsin law require that the Department of Children and Families (DCF) publicly disclose information about certain types of reports of child abuse and neglect. In addition, state law requires that DCF submit certain otherwise confidential information to the Legislature for review and an annual public hearing. Because state law requires public disclosure of information on only certain, limited types of child abuse and neglect incidents, this information memorandum first provides background on the general requirements for all child abuse and neglect investigations, and then describes the legal requirements for confidentiality and public disclosure under both federal and state law, as well as the legislative oversight functions specifically required under state law relating to child abuse and neglect.

Like other states, Wisconsin’s child welfare laws include a “safe haven” law, which allows a parent to relinquish custody of a newborn child under methods that provide immediate care for the child’s health and safety. Wisconsin’s safe haven law grants the relinquishing parent, and any person assisting the parent, both anonymity and immunity from liability, and further specifies certain protections for, and procedures that must be followed by, the person who receives a relinquished child. This issue brief summarizes Wisconsin’s safe haven law, and the subsequent child welfare procedures that may apply.

When a minor child is involved in an action for divorce, legal separation, annulment, or paternity, a court must determine the legal custody and physical placement arrangements for the child. This issue brief describes the general standards a court uses in determining those arrangements.

A child born to a married couple is presumed, by law, to be the child of both spouses. Paternity issues generally arise when an unmarried woman has a child. Depending on the circumstances, a paternity action may be filed in court with paternity decided by a judge, though Wisconsin law allows for paternity to be established using certain procedures that do not require going to court. This issue brief summarizes the various methods for establishing paternity under Wisconsin law.

This information memorandum provides an overview of adoption in Wisconsin, including the different types of adoption and the general procedure for domestic adoption. In general, although Wisconsin law provides for adoption of a child by a relative or a stepparent, this memorandum focuses on adoptions by nonrelatives.

Wisconsin statutes permit a court to order visitation with a child by a third party, such as a grandparent, in specific circumstances. These circumstances include visitation during the course of a divorce proceeding, visitation if one or both of the child’s parents is deceased, and visitation if the child’s parents never marry each other. Who may petition for visitation and the type of relationship that person must have with the child varies under each statute. In addition, the Wisconsin Supreme Court has recognized that courts have equitable powers to protect the best interests of a child by ordering visitation even in specified circumstances that do not meet the criteria of any statute governing third-party visitation.