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Wisconsin Temporary Physical Custody Request (Chapter 48) - Indian Child Welfare Act

State:
Wisconsin
Control #:
WI-SKU-1167
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Temporary Physical Custody Request (Chapter 48) - Indian Child Welfare Act

Wisconsin Temporary Physical Custody Request (Chapter 48) — Indian Child Welfare Act is a legal document that is used in the state of Wisconsin to request temporary physical custody of an Indian child. This document is used when a tribe or parent of an Indian child wishes to take physical custody of the child, but is unable to do so due to legal reasons. The document is used to provide temporary physical custody to the parent or tribe, and is usually done for a period of six months. The document must be signed by a court or tribal court, and the Indian child must be in the physical presence of the parent or tribe at the time of signing. There are two types of Wisconsin Temporary Physical Custody Requests (Chapter 48) — Indian Child Welfare Act: 1) Voluntary Temporary Physical Custody Request and 2) Court-Ordered Temporary Physical Custody Request. The Voluntary Temporary Physical Custody Request is used when a parent or tribe voluntarily agrees to take physical custody of the child, while the Court-Ordered Temporary Physical Custody Request is used when a court orders the parent or tribe to take physical custody of the child.

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FAQ

What is Considered Interference? Wisconsin Statute 948.31 defines interference with custody, either by a parent or a third party: ?Whoever causes a child to leave, takes away or withholds a child for more than 12 hours from the child's parent(s) is guilty of a Class I felony.?

Grounds for termination of parental rights shall be one of the following: (6)(a) Failure to assume parental responsibility, which shall be established by proving that the parent or the person or persons who may be the parent of the child have not had a substantial parental relationship with the child.

Chapter 48 of the Wisconsin State Statutes directs that the Department of Human Services work with children and families in which child maltreatment may have occurred. Chapter 48 is also known as the ?Children's Code?.

(10) The child's parent, guardian or legal custodian neglects, refuses or is unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child.

Emergency Child Custody Order in WI File a Motion or Petition. The motion will include specific information about the child, the other parents, and the reasons why ex parte child custody is necessary. Provide Evidence.Attend the Hearing.Schedule a Joint Hearing.

The primary purpose of Chapter 55 of the Wisconsin Statutes, the Protective Service System, is to provide for the long-term care and custody of individuals who are at risk of harm due to a condition that is, or is likely to be, permanent.

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Wisconsin Temporary Physical Custody Request (Chapter 48) - Indian Child Welfare Act