Wisconsin Statutes
Wis. Stat. § 48.335 (2026)
Dispositional hearings
✓ current as of July 2026
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48.335(1)(1) The court shall conduct a hearing to determine the disposition of a case in which a child is adjudged to be in need of protection or services under s. 48.13 or an unborn child is adjudged to be in need of protection or services under s. 48.133.
48.335(3)(3) At hearings under this section, any party may present evidence relevant to the issue of disposition, including expert testimony, and may make alternative dispositional recommendations.
48.335(3g)(3g) At hearings under this section, if the agency, as defined in s. 48.38 (1) (a), is recommending placement of the child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised independent living arrangement, the agency shall present as evidence specific information showing all of the following:
48.335(3g)(a)(a) That continued placement of the child in his or her home would be contrary to the welfare of the child.
48.335(3g)(b)(b) That the county department, the department, in a county having a population of 750,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child’s health and safety are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.
48.335(3g)(c)(c) That, if a permanency plan has previously been prepared for the child, the county department, department, or agency has made reasonable efforts to achieve the permanency goal of the child’s permanency plan, including, if appropriate, through an out-of-state placement.
48.335(3g)(d)1.1. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have been removed from the home or for whom an out-of-home placement is recommended, that the county department, department, or agency has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the county department, department, or agency recommends that the child and his or her siblings not be placed in a joint placement, in which case the county department, department, or agency shall present as evidence specific information showing that a joint placement would be contrary to the safety or well-being of the child or any of those siblings and the specific information required under subd. 2.
48.335(3g)(d)2.2. If a recommendation is made that the child and his or her siblings not be placed in a joint placement, that the county department, department, or agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the county department, department, or agency recommends that such visitation or interaction not be provided, in which case the county department, department, or agency shall present as evidence specific information showing that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
48.335(3j)(3j) At hearings under this section involving an Indian child, if the agency, as defined in s. 48.38 (1) (a), is recommending removal of the Indian child from the home of his or her parent or Indian custodian and placement of the Indian child in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent or in the home of like-kin, the agency shall present as evidence specific information showing all of the following:
48.335(3j)(a)(a) That continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child under s. 48.028 (4) (d) 1.
48.335(3j)(b)(b) That active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful.
48.335(3j)(c)(c) That the placement recommended is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) or, if that placement is not in compliance with that order, good cause, as described in s. 48.028 (7) (e), for departing from that order.
48.335(3r)(3r) At hearings under this section, a parent of the child may present evidence relevant to the amount of child support to be paid by either or both parents.
48.335(4)(4) At hearings under this section, s. 48.357, 48.358, 48.363, or 48.365, on the request of any party, unless good cause to the contrary is shown, the court may admit testimony on the record by telephone or live audiovisual means, if available, under s. 807.13 (2). The request and the showing of good cause may be made by telephone.
48.335(5)(5) At the conclusion of the hearing, the court shall make a dispositional order in accordance with s. 48.355.
48.335(6)(6) If the dispositional order places the child outside the home, the parent, if present at the hearing, shall be requested to provide the names and other identifying information of 3 relatives of the child or other individuals 18 years of age or over whose homes the parent requests the court to consider as placements for the child, unless that information has previously been provided under s. 48.21 (3) (f). If the parent does not provide that information at the hearing, the county department, the department in a county having a population of 750,000 or more, or the agency primarily responsible for providing services to the child under the dispositional order shall permit the parent to provide the information at a later date.
48.335 HistoryHistory: 1977 c. 354; 1979 c. 300, 331, 359; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1993 a. 98, 481; 1995 a. 77; 1997 a. 252, 292; 2001 a. 109; 2007 a. 20; 2009 a. 28, 79, 94, 185; 2011 a. 181, 258; 2013 a. 165, 334; 2015 a. 172; 2023 a. 119.
48.335 NoteJudicial Council Note, 1988: Sub. (4) allows the court to admit testimony on the record by telephone or live television at hearings on disposition, revision and extension of orders, or change of placement, on request of any party, unless good cause is shown. [Re Order effective Jan. 1, 1988]
48.335 AnnotationThe petitioner bears the burden of proof by the greater weight of the credible evidence for purposes of dispositional and extension hearings. S.D.S. v. Rock County Department of Social Services, 152 Wis. 2d 345, 448 N.W.2d 282 (Ct. App. 1989).
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 1989–2025 · leading case: Dane Cnty. Dep't of Human Servs. v. Ponn P., 2005 WI 32 (Wis. 2005).
Dane Cnty. Dep't of Human Servs. v. Ponn P., 2005 WI 32 (Wis. 2005). “'s children remained in foster care after the CHIPS adjudication, due to a subsequent dispositional hearing held pursuant to Wis. Stat. § 48.335 . At the dispositional hearing in a CHIPS case, the court may order that placement of a child be transferred outside the parental home…”
Steven v. v. Kelley H., 2004 WI 47 (Wis. 2004). “13 as well as a disposition hearing under Wis. Stat. § 48.335 . At the CHIPS fact-finding hearing, the parent is entitled to a jury trial.”
State v. Aimee M., 533 N.W.2d 812 (Wis. 1995). “Section 48.335, Stats., provides in part: Dispositional hearings.”
R.W.S. v. State, 471 N.W.2d 16 (Wis. 1991). “contends that the language of sections 48.335 and 48.34 clearly prohibit an order of restitution unless the child has been adjudged delinquent of the act for which restitution is ordered.”
In Re Termination of Parental Rights to Diana, 2005 WI 32 (Wis. 2005). “'s children remained in foster care after the CHIPS adjudication, due to a subsequent dispositional hearing held pursuant to Wis. Stat. § 48.335 . At the dispositional hearing in a CHIPS case, the court may order that placement of a child be transferred outside the parental home…”
S.D.S. v. Rock Cnty. Dep't of Soc. Servs., 448 N.W.2d 282 (Wis. Ct. App. 1989). “Section 48.335(1) and.(3) so provide but do not specify the degree of proof required.”
R.W.S. v. State, 457 N.W.2d 498 (Wis. Ct. App. 1990). “*530 Section 48.335, Stats., provides for a hearing to determine the disposition of a case in which a child is adjudged to be delinquent.”
State v. B.S., 469 N.W.2d 860 (Wis. Ct. App. 1991). “Following the adult's conviction, the trial court held a sentencing hearing to decide upon a disposition of the adult.”
In Interest of RWS, 471 N.W.2d 16 (Wis. 1991). “contends that the language of sections 48.335 and 48.34 clearly prohibit an order of restitution unless the child has been adjudged delinquent of the act for which restitution is ordered.”
State v. G. W. (Wis. Ct. App. 2025). “357, 48.358, 48.363, or 48.365”). Although Gabriel was entitled to an in-person dispositional hearing, he was not necessarily entitled to a virtual one.”
In Interest of RWS, 457 N.W.2d 498 (Wis. Ct. App. 1990). “*530 Section 48.335, Stats., provides for a hearing to determine the disposition of a case in which a child is adjudged to be delinquent.”
In Interest of TMS, 448 N.W.2d 282 (Wis. Ct. App. 1989). “Section 48.335(1) and (3) so provide but do not specify the degree of proof required.”
— Wis. Stat. § 48.335(1) — 7 cases
R.W.S. v. State, 471 N.W.2d 16 (Wis. 1991). “contends that the language of sections 48.335 and 48.34 clearly prohibit an order of restitution unless the child has been adjudged delinquent of the act for which restitution is ordered.”
State v. Aimee M., 533 N.W.2d 812 (Wis. 1995). “Section 48.335, Stats., provides in part: Dispositional hearings.”
S.D.S. v. Rock Cnty. Dep't of Soc. Servs., 448 N.W.2d 282 (Wis. Ct. App. 1989). “Section 48.335(1) and.(3) so provide but do not specify the degree of proof required.”
State v. B.S., 469 N.W.2d 860 (Wis. Ct. App. 1991). “Following the adult's conviction, the trial court held a sentencing hearing to decide upon a disposition of the adult.”
In Interest of TMS, 448 N.W.2d 282 (Wis. Ct. App. 1989). “Section 48.335(1) and (3) so provide but do not specify the degree of proof required.”
— Wis. Stat. § 48.335(3) — 1 case
R.H. v. Dane Cnty. Dep't of Soc. Servs., 458 N.W.2d 576 (Wis. Ct. App. 1990).
— Wis. Stat. § 48.335(4) — 1 case
State v. G. W. (Wis. Ct. App. 2025). “357, 48.358, 48.363, or 48.365”). Although Gabriel was entitled to an in-person dispositional hearing, he was not necessarily entitled to a virtual one.”
— Wis. Stat. § 48.335(5) — 2 cases
S. G. v. Wisconsin Dep't of Child. & Families (Wis. Ct. App. 2025).
R.H. v. Dane Cnty. Dep't of Soc. Servs., 458 N.W.2d 576 (Wis. Ct. App. 1990).
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