The parties stipulate and agree that the court may enter a consent decree, placing the child/juvenile under supervision, consistent with these terms and conditions




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STATE OF WISCONSIN, CIRCUIT COURT,       COUNTY

For Official Use



IN THE INTEREST OF
     

Name


Consent Decree

(Out of Home Placement Only)


     

Date of Birth

Case No.      

The parties stipulate and agree that the court may enter a consent decree, placing the child/juvenile under supervision, consistent with these terms and conditions.


(For an Indian child who is placed out-of-the home, use the Indian Child Welfare Act version (IW-1785) of this consent decree.)
 1. The case shall be held open for       days/       months.

(Chapter 48, up to six months; Chapter 938, up to one year.)
2. Placement shall be in       .

3. No referrals to intake and/or violations of federal, state, or local laws.


 4. Restitution.

$       [Under age 14, $250 limit], payable to      

 Payment terms:      

 Make repairs or provide services agreeable to the victim. [Under age 14, 40 hour limit]  See attached



     
 5. Community service/supervised work program. [Under age 14, 40 hour limit]

Amount:       hours. Terms:      


 6. Counseling.      
 7. Other: [Include payment for services under §§48.36, 938.36, and 938.361, Wis. Stats.]  See attached

     
8. The court may extend this decree for an additional 6 months upon notice and motion. Unless an objection is made, no hearing will be held.


SIGNED BY

DATE

SIGNED BY

DATE

Child/Juvenile

     


Child’s/Juvenile’s Attorney/GAL

     


Mother

     




     


Father


     



     


Prosecuting Attorney


     

Social Worker

     


Notice: During the period of this consent decree, the child/juvenile may object to its continuation and the hearing under which the child/juvenile was placed on supervision may be continued as if the consent decree was never entered.


THE COURT FINDS:
1. The victim/family was given an opportunity to make a statement.

2. If restitution/repairs are ordered, the child/juvenile alone is financially able to pay or the custodial parent is financially able to pay.

3. If the child/juvenile is providing services for the victim, the child/juvenile is physically able to perform services for the victim [Under age 14, 40 hour limit] and the victim agrees to accept such services.
4. The consent decree is in the child’s/juvenile’s best interest and is approved.
5. The child’s/juvenile’s placement out-of-the home is maintained.

A. Placement in the home at this time  is  is not contrary to the child’s/juvenile’s welfare.



     

B. Reasonable efforts to prevent removal were [Complete one of the following]

 made by the department or agency responsible for providing services.

     

 made by the department or agency responsible for providing services, although an emergency situation resulted in immediate removal of the child/juvenile from the home.

     

 not required under §§48.355(2d) and 938.355(2d), Wis. Stats.      

 required, but the department or agency responsible for providing services failed to make reasonable efforts.

C. Reasonable efforts to place the child/juvenile in a placement that enables the sibling group to remain together were

 made.


 not required because the child/juvenile does not have siblings in out-of-home care.

 not required because it would be contrary to the safety or well being of the child/juvenile or any of the siblings.

D. Permanency plan

 was not filed.

 was filed and reasonable efforts to achieve the permanency goal of the permanency plan, including through an out-of-state placement if appropriate, were

[Complete one of the following only if a permanency plan was filed]


 made by the department or agency responsible for providing services.

     

 not made by the department or agency responsible for providing services.

6. As to the department or agency recommendation:

 A. The placement location recommended by the department or agency is adopted.

OR

 B. After giving bona fide consideration to the recommendations of the department or agency and all parties, the placement location recommended is not adopted.


THE COURT ORDERS:
1.  The child/juvenile is placed at       ,

and into the placement and care responsibility of the department in the county where this order is issued, or the

Divison of Milwaukee Child Protective Services if this order is issued in Milwaukee County under Ch. 48, which has primary responsibility for providing services.
 2. The child/juvenile has one or more siblings in out-of-home care and the child/juvenile is not placed with all those siblings. The department or agency

 shall make reasonable efforts to provide frequent visitation or other ongoing interaction between the child/juvenile and any siblings.

 is not required to provide for frequent visitation or other ongoing interaction because it would be contrary to the safety or well being of the child/juvenile or any siblings.
 3. The appointment of the guardian ad litem for the child/juvenile

 terminates until further order of the court.

 is continued to allow the guardian ad litem to perform any of the duties under §48.235(4) or §938.235(4), Wis. Stats.

 is continued for the following purpose(s):      


 4. The appointment of the attorney for the



mother



father



other:      

terminates until further order of the court.



mother



father



other:      

is continued through the term of this order.



mother



father



other:      

is continued for the following purpose(s):

     
5. The parties must comply with all terms and conditions of the consent decree.
6. Failure to comply with this consent decree may result in reinstatement of these proceedings. If not reinstated, the original petition is dismissed at the end of the appropriate period without further order of the court.



Expiration Date:      

BY THE COURT:

Distribution:

1. Original - Court

2. All Signers



3. Service Providers





 Circuit Court Judge  Circuit Court Commissioner

     

Name Printed or Typed

     

Date


JD-1785, 11/15 Consent Decree (Out-of-Home Placement Only) §§48.32 and 938.32, Wisconsin Statutes.

This form shall not be modified. It may be supplemented with additional material.

Page of


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