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Order Concerning Termination Of Parental Rights (Voluntary) ICWA Form. This is a Wisconsin form and can be use in Circuit Court Statewide.
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IW-1638, 02/18 Order Concerning Termination of Parental Rights (Voluntary) - Indian Child Welfare Act 24724748.426, 48.427 and 48.43, Wisconsin Statutes; 25 U.S.C. 2471913 This form shall not be modified. It may be supplemented with additional material. Page 1 of 2 STATE OF WISCONSIN, CIRCUIT COURT, COUNTY IN THE INTEREST OF Name Date of Birth Order Concerning Termination of Parental Rights (Voluntary) Indian Child Welfare Act Case No. This Termination of Parental Rights Hearing was held on [Date] , which is the effective date of this Order. THE COURT FINDS: 1. Notice was given to all those entitled to notice. 2. The provisions of the Indian Child Welfare Act were followed. 3. The parent(s) are A . Date of birth: B . Date of birth: C . Other possible father(s): Name: Date of birth: Name: Date of birth: Name: Date of birth: 4. There was no declaration of paternal interest. 5. Testimony supporting t he allegations in the petition w as presented to the court and the allegations are true. Findings made on the record are incorporated. 6. The Petition to Terminate the Parental R ights of the mother father(s) is not contested, and the terminating parent(s) has freely, voluntarily and knowingly consented in writing (IW - 1637) before a judge to a termination of parental rights. 7. It is in the best interest of the child that the parental rights of the mother father(s) be terminated after co nsidering the following factors: adoption after termination. The age and health of the child, both at the time of the disposition and, if applicable, at the time the child was removed from the home. Whether the child has substantial relationships with the parent or other family members, and whether it would be harmful to the child to sever these relationships. The wishes of the child. American LegalNet, Inc. www.FormsWorkFlow.com IW-1638, 02/18 Order Concerning Termination of Parental Rights (Voluntary) - Indian Child Welfare Act 24724748.426, 48.427 and 48.43, Wisconsin Statutes; 25 U.S.C. 2471913 This form shall not be modified. It may be supplemented with additional material. Page 2 of 2 The duration of the separation of the parent from the child. Whether the child will be able to enter into a more stable and permanent family relationship as a result of future placements and the results of prior placements. 8. An adoptive parent of the child has voluntarily consented to the termination of his o r her parental rights to the child. 9. Reasonable efforts to achieve the permanency goal of the perma nency plan , including through an out - of - state placement if appropriate, were [ Complete one of the following only if there is a permanency plan] made by the department or agency responsible for providing services. not made by the department or agency responsible for providing services. 10. Any parent who has appeared has been informed of the provisions of 24724748.432, 48.433 and 48.434, Wis . Stats. 11 . Other: THE COURT ORDERS: 1. The A . parental rights of [Name of Parent(s)] is/are terminated. Guardianship, placement and care responsibility, and custody of the child remain with the parent whose rights have not been terminated. are transferred pending adoption to Oth er: Placement has been made in acc ordance with the order of preference set forth in the Indian Child Welfare Act. OR There is good cause to depart from the order of placement preference in the Indian Child Welfare Act . Specify: If guardianship or custody is transferred to an agency, that agency shall be responsible for securing the adoption of the child or establishing the child in a permanent fami ly setti was filed. is attached. will be filed within 60 days . If a parent for whom the parental rights were terminated was an adoptive parent of the child, a copy of this parent(s) or prior Indian custodian and tri be by registered or certified mail with return receipt requested. The biological parent(s) or former Indian custodian may petition for return of custody of the child and/or participate in scheduled hearings. The provisions of 24724748.432, 48.433 and 48.434 , Wis. Stats., are attached. B . Petition to Terminate P ar ental R ights of [N ame ] is dismissed. 2. Other: TH IS IS A FINAL ORDER FOR THE PURPOSE OF APPEAL. American LegalNet, Inc. www.FormsWorkFlow.com