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Wis.
Stat. § 48.01
Wisconsin Statutes
Social Services
Chapter
48. Children's Code
Subchapter
I. General Provisions
§ 48.01. Title
and legislative purpose
(1) This chapter may be cited as "The Children's Code". In construing
this chapter, the best interests of the child or unborn child shall always
be of paramount consideration. This chapter shall be liberally construed
to effectuate the following express legislative purposes:
(a)
While recognizing that the paramount goal of this chapter is to protect
children and unborn children, to preserve the unity of the family, whenever
appropriate, by strengthening family life through assisting parents and
the expectant mothers of unborn children, whenever appropriate, in fulfilling
their responsibilities as parents or expectant mothers. The courts and
agencies responsible for child welfare, while assuring that a child's
health and safety are
the paramount concerns, should assist parents and the expectant mothers
of unborn children in changing any circumstances in the home which might
harm the child or unborn child, which may require the child to be placed
outside the home or which may require the expectant mother to be taken
into custody. The courts should recognize that they have the authority,
in appropriate cases, not to reunite a child with his or her family. The
courts and agencies responsible for child welfare should also recognize
that instability and impermanence in family relationships are contrary
to the welfare of children and should therefore recognize the importance
of eliminating the need for children to wait unreasonable periods of time
for their parents to correct the conditions that prevent their safe return
to the family.
(ad)
To provide judicial and other procedures through which children and all
other interested parties are assured fair hearings and their constitutional
and other legal rights are recognized and enforced, while protecting the
public safety.
(ag)
To recognize that children have certain basic needs which must be provided
for,
including the need for adequate food, clothing and shelter; the need to
be free from physical, sexual or emotional injury or exploitation; the
need to develop physically, mentally and emotionally to their potential;
and the need for a safe and permanent family. It is further recognized
that, under certain circumstances, in order to ensure that the needs of
a child, as described in this paragraph, are provided for, the court may
determine that it is in the best interests of the child for the child
to be removed from his or her parents, consistent with any applicable
law relating to the rights of parents.
(am)
To recognize that unborn children have certain basic needs which must
be provided for, including the need to develop physically to their potential
and the need to be free from physical harm due to the habitual lack of
self-control of their expectant mothers in the use of alcohol beverages,
controlled substances or controlled substance analogs, exhibited to a
severe degree. It is further recognized that, when an expectant mother
of an unborn child suffers from a habitual lack of self-control in the
use of alcohol beverages, controlled substances or controlled substance
analogs, exhibited to a severe degree, in order to ensure that the needs
of the unborn child, as described in this paragraph, are provided for,
the court may determine that it is in the best
interests of the unborn child for the expectant mother to be ordered to
receive treatment, including inpatient treatment, for that habitual lack
of self-control, consistent with any applicable law relating to the rights
of the expectant mother.
(ap)
To recognize the compelling need to reduce the harmful financial, societal
and emotional impacts that arise and the tremendous burdens that are placed
on families and the community and on the health care, social services,
educational and criminal justice systems as a result of the habitual lack
of self-control of expectant mothers in the use of alcohol beverages,
controlled substances or controlled substance analogs, exhibited to a
severe degree, during all stages of pregnancy.
(bg)1.
To ensure that children are protected against the harmful effects resulting
from the absence of parents or parent substitutes, from the inability,
other than financial inability, of parents or parent substitutes to provide
care and protection for their children and from the destructive behavior
of parents or parent substitutes in providing care and protection for
their
children.
2.
To ensure that children are provided good substitute parental care in
the event of the absence, temporary or permanent inability, other than
financial inability, or unfitness of parents to provide care and protection
for their children.
(bm)
To ensure that unborn children are protected against the harmful effects
resulting from the habitual lack of self-control of their expectant mothers
in the use of alcohol beverages, controlled substances or controlled substance
analogs, exhibited to a severe degree. To effectuate this purpose and
the purpose specified in par. (am), it is the intent of the legislature
that the provisions of this chapter that protect unborn children against
those harmful effects and that provide for the needs of unborn children,
as described in par. (am), shall be construed to apply throughout an expectant
mother's pregnancy to the extent that application of those provisions
throughout an expectant mother's pregnancy is constitutionally permissible
and that expectant mothers who habitually lack self-control in the use
of alcohol beverages, controlled
substances or controlled substance analogs, exhibited to a severe degree,
be encouraged to seek treatment for that habitual lack of self-control
voluntarily when voluntary treatment would be practicable and effective.
(br)
To encourage innovative and effective prevention, intervention and treatment
approaches, including collaborative community efforts and the use of community-based
programs, as significant strategies in planning and implementing legislative,
executive and local government policies and programs relating to children
and their families and substitute families and to unborn children and
their expectant mothers.
(dm)
To divert children and unborn children from formal proceedings under this
chapter to the extent that this is consistent with protection of children,
unborn children and the public safety.
(f)
To assure that children pending adoptive homes will be placed in the best
homes available and protected from adoption by persons unfit to have responsibility
for raising children.
(gg)
To promote the adoption of children into safe and stable families rather
than allowing children to remain in the impermanence of foster or treatment
foster care.
(gr)
To allow for the termination of parental rights at the earliest possible
time after rehabilitation and reunification efforts are discontinued in
accordance with this chapter and termination of parental rights is in
the best interest of the child.
(gt)
To reaffirm that the duty of a parent to support and maintain his or her
child continues during any period in which the child may be removed from
the custody of the parent.
(2)
In proceedings involving an American Indian child, the best interests
of the
child shall be determined consistent with the Indian child welfare act,
25 USC 1901 to 1963. In this subsection, "American Indian child"
means any unmarried person who is under 18 years of age and who is one
of the following:
(a)
A member of an Indian tribe, as defined in 25 USC 1903(8).
(b)
Eligible for membership in an Indian tribe and is the biological child
of a member of an Indian tribe.
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