The Wisconsin Order for Change in Placement — Indian Child Welfare Act (WOCP-ICWA) is a court action to change the placement of an Indian child from their home to an out-of-home placement, such as foster care, residential care, or a kinship home. This order is provided when the current placement endangers the child’s health, safety, or welfare and there are no reasonable efforts to prevent the current placement from continuing. The WOCP-ICWA process involves a court hearing where the Indian child’s parents, Indian custodian, and any other interested parties may be present. The court will consider evidence and testimony from the Indian child’s family, tribe, or other parties regarding the child’s best interests. There are two different types of WOCP-ICWA orders. The first is a Temporary Order for Change in Placement (TO CCP) which is an emergency order that is issued when the child is in imminent danger. This order is temporary and is reviewed in court within 10 days to determine if the order should be continued or revoked. The second type of WOCP-ICWA order is a Final Order for Change in Placement (FO CCP) which is issued after a full hearing and when a judge finds that it is in the best interests of the child to move from their home to an out-of-home placement. This order is more permanent and can only be changed or revoked if there is a significant change in the child’s circumstances.
Wisconsin Order for Change in Placement (In-Home to Out-of-Home Placement Only) - Indian Child Welfare Act
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