Wisconsin Petition for Protection or Services (Chapter 48) — Indian Child Welfare Act is a petition legal process that an Indian child's parent, extended family member, Indian custodian, or tribe can file in the state of Wisconsin to protect the safety, health, and welfare of the child and to provide services to the child and family. The petition is typically filed in the county where the child resides or is domiciled. There are two types of Wisconsin Petition for Protection or Services (Chapter 48) — Indian Child Welfare Act: 1. Petition for Protection: This type of petition may be filed by an Indian child's parent, extended family member, Indian custodian, or tribe, whenever the child is subject to abuse, neglect, or abandonment. The petition may request court orders to protect the child and provide services to the child and family. 2. Petition for Services: This type of petition may be filed by an Indian child's parent, extended family member, Indian custodian, or tribe, whenever the child is in need of services that are not already being provided. The petition may request court orders providing services to the child and family.
Wisconsin Petition for Protection or Services (Chapter 48) - Indian Child Welfare Act
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A Writ of Restitution orders the Sheriff or his designee to remove the defendant from the premises so that the rightful owner may have possession of the same and to satisfy the judgment for costs. The Writ is valid for 30 days after issuance.
Pursuant to sub. (5), a certiorari action may be commenced in three ways: 1) under sub. (1) by summons and complaint; 2) by service of an appropriate writ; or 3) by filing a complaint and serving it along with an order, in lieu of a summons, upon the defendant.
A writ of certiorari is a type of legal appeal (a challenge to a case's decision), but it's an appeal on only a specific issue or set of issues in a case. A Supreme Court writ of certiorari is the official way the Court declares it will hear a case and what specific legal issues of the case the Court will consider.
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?.
Writs of Certiorari The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.
Any person who is responsible for a child's welfare who, through his or her action or failure to take action, for reasons other than poverty, negligently fails to provide any of the following, so as to seriously endanger the physical, mental, or emotional health of the child, is guilty of neglect and may be penalized
A decision to deny certiorari does not necessarily imply that the higher court agrees with the lower court's ruling; instead, it simply means that fewer than four justices determined that the circumstances of the decision of the lower court warrant a review by the Supreme Court.