IW-1785B, 09/16 Consent Decree (Out-of-Home Placement Only) - Indian Child Welfare Act 24724748.32 and 938.32, Wisconsin Statutes; 25 U.S.C. 2472471912, 1915. This form shall not be modified. It may be supplemented with additional material. Page 1 of 3 STATE OF WISCONSIN, CIRCUIT COURT, COUNTY IN THE INTEREST OF Name Date of Birth Amended Consent Decree (Out - of - Home Placement Only) Indian Child Welfare Act Case No. The parties entered into a stipulation on [Date] for a consent decree. an amended consent decree. THE COURT FINDS: 1. The victim/family has been 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 stipulation for incorporated herein. 5. The child/juvenile is subject to the Indian Child Welfare Act. 6. The child/juvenile is placed out-of-home. A. Continued custody of the child/juvenile by the parent or Indian custodian is is not likely to result in serious emotional or physical damage to the child/juvenile, based on the testimony of one or more qualified expert witnesses. [This finding is not required if made at a previous hearing in the case.] B. Active efforts were were not made to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. [This finding is not required if made at a previous hearing in the case.] See attached Statement of Active Efforts (IW-1609) C. Placement has been made in accordance with the order of preference set forth in the Indian Child Welfare Act. OR American LegalNet, Inc. www.FormsWorkFlow.com IW-1785B, 09/16 Consent Decree (Out-of-Home Placement Only) - Indian Child Welfare Act 24724748.32 and 938.32, Wisconsin Statutes; 25 U.S.C. 2472471912, 1915. This form shall not be modified. It may be supplemented with additional material. Page 2 of 3 There is good cause to depart from the order of placement preference in the Indian Child Welfare Act. D. Placement in the home at this time is is not . E. Reasonable efforts to prevent removal were [Complete one of the following] made by the department or agency responsible for providing services as follows: 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 as follows: not required under 247 247 48.355(2d) and 938.355(2d) , Wis . Stats . required, but the department or agency responsible for providing ser vices failed to make reasonable efforts. F. 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. 7. Permanency plan was not filed. 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 as follows: not made by the department or agency responsible for providing services. 8. 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 Division 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. American LegalNet, Inc. www.FormsWorkFlow.com IW-1785B, 09/16 Consent Decree (Out-of-Home Placement Only) - Indian Child Welfare Act 24724748.32 and 938.32, Wisconsin Statutes; 25 U.S.C. 2472471912, 1915. This form shall not be modified. It may be supplemented with additional material. Page 3 of 3 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 24748.235(4) or 247938.235(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 in the stipulation for 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. 7. Expiration date: [If amending the consent decree, the expiration date may not be extended beyond the original expiration date.] DISTRIBUTION: 1. Court 2. All Signers 3. Service Providers 4. Tribe American LegalNet, Inc. www.FormsWorkFlow.com