Wisconsin Statutes
Wis. Stat. § 48.356 (2026)
Duty of court to warn
✓ current as of July 2026
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48.356(1)(1) Whenever the court orders a child to be placed outside his or her home, orders an expectant mother of an unborn child to be placed outside of her home, or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357, 48.363, or 48.365 and whenever the court reviews a permanency plan under s. 48.38 (5m), the court shall orally inform the parent or parents who appear in court or the expectant mother who appears in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the child or expectant mother to be returned to the home or for the parent to be granted visitation.
48.356(2)(2) In addition to the notice required under sub. (1), any written order which places a child or an expectant mother outside the home or denies visitation under sub. (1) shall notify the parent or parents or expectant mother of the information specified under sub. (1).
48.356 HistoryHistory: 1979 c. 330; 1983 a. 399; 1989 a. 86; 1991 a. 39; 1995 a. 275; 1997 a. 292; 2003 a. 321; 2009 a. 185.
48.356 AnnotationSubstantial compliance is not adequate to meet the sub. (2) notice provision; oral, rather than written, notice is insufficient. D.F.R. v. Juneau County, 147 Wis. 2d 486, 433 N.W.2d 609 (Ct. App. 1988).
48.356 AnnotationDismissal of termination proceedings because only two of six dispositional orders contained statutory warnings was inappropriate. The warning is only required on one order. Rock County Department of Social Services v. K.K., 162 Wis. 2d 431, 469 N.W.2d 881 (Ct. App. 1991).
48.356 AnnotationTo comply with sub. (2), the written order must contain the same information as the oral notice under sub. (1); that the notice contained more does not mean sub. (2) was violated. Cynthia E. v. La Crosse County Human Services Department, 172 Wis. 2d 218, 493 N.W.2d 56 (1992).
48.356 AnnotationWhen termination is under s. 48.415 (8) for murdering the other parent, no notice under sub. (1) of the conditions necessary for the return of the child is necessary as the grounds for termination, the murder, cannot be remedied. Winnebago County Department of Social Services v. Darrell A., 194 Wis. 2d 627, 534 N.W.2d 907 (Ct. App. 1995).
48.356 AnnotationIt was a denial of due process to terminate parental rights on grounds substantially different from those that the parent was warned of under this section. State v. Patricia A.P., 195 Wis. 2d 855, 537 N.W.2d 47 (Ct. App. 1995), 95-1164.
48.356 AnnotationThe written warning under sub. (2) applies only to orders removing children from placement with their parents or denying parental visitation. Temporary physical custody orders or extensions of those orders may not lead to a loss of parental rights and do not require the written warning. Marinette County v. Tammy C., 219 Wis. 2d 206, 579 N.W.2d 635 (1998), 97-2946.
48.356 AnnotationSection 48.415 (2) (a) 1. makes the written notice in sub. (2) an element to prove in a termination of parental rights case grounded in continuing CHIPS. The plain language of s. 48.415 (2) (a) 1. provides that the statutory notice requirements are satisfied when at least one of the CHIPS orders contains the written notice required under sub. (2). Section 48.415 (2) (a) does not require that notice be given in every CHIPS order, and it does not require that notice be in the last CHIPS order. St. Croix County Department of Health & Human Services v. Michael D., 2016 WI 35, 368 Wis. 2d 170, 880 N.W.2d 107, 14-2431.
48.356 AnnotationWhile notification of any grounds for termination of parental rights necessarily includes the statutory sub-parts comprising each ground, circuit courts must provide notice of only those grounds that “may be applicable” at the time the order is entered. Indeed, the statute does not say that circuit courts must provide notice of grounds that “will be” applicable; this would assign the circuit courts an impossible task. Eau Claire County Department of Human Services v. S.E., 2021 WI 56, 397 Wis. 2d 462, 960 N.W.2d 391, 19-0894.
Notes of Decisions
Cited in 61
cases (15 in the last 5 years), 1988–2026 · leading case: St. Croix Cnty. Dep't of Health & Human Servs. v. Michael D., 2016 WI 35 (Wis. 2016).
St. Croix Cnty. Dep't of Health & Human Servs. v. Michael D., 2016 WI 35 (Wis. 2016). “415(2) does not require that the written notice must be in the last order or that six months must pass after the last order before the petition to terminate parental rights may be filed.”
Waukesha Cnty. v. Steven H., 2000 WI 28 (Wis. 2000). “The court of appeals reversed the termination order because some orders removing Brittany from her home did not include the written notice prescribed by Wis. Stat. § 48.356 (2) (1997-98). 1 The court of appeals held that Steven H.”
Eau Claire Cnty. Dep't of Human Servs. v. S. E., 2021 WI 56 (Wis. 2021). “¶7 Under that initial CHIPS order, the circuit court provided Sophie with written notice of the potential grounds for termination of Sophie's parental rights to Tyler, as required by Wis. Stat. § 48.356 (2). Both parties agree that the written notice identified continuing CHIPS…”
M.P. v. Dane Cnty. Dep't of Human Servs., 488 N.W.2d 133 (Wis. Ct. App. 1992). “We need not reach that argument, however, because we conclude that the notice in the October, 1988, order met the requirements of sec. 48.356, Stats. In In re D.F., 147 Wis.”
Dane Cnty. Dep't of Human Servs. v. Ponn P., 2005 WI 32 (Wis. 2005). “was denied visitation with the children, pursuant to a February 27, 2002 Dane County Circuit Court order that contained the notice required by Wis. Stat. § 48.356 (2). Second, DCDHS alleged, "As of February 28, [2]003, at least one year elapsed since the order denying visitation.”
Cynthia E. v. La Crosse Cnty. Human Servs. Dep't, 493 N.W.2d 56 (Wis. 1992). “'s argument that continuing need of protection or services is the *228 "specific" applicable ground required under sec. 48.356(1), Stats., the fact that the written orders contained more than that does not mean the orders did not comply with sec.”
Winnebago Cnty. Dep't of Soc. Servs. v. Darrell A., 534 N.W.2d 907 (Wis. Ct. App. 1995). “We further conclude that Darrell did not require a warning pursuant to § 48.356, STATS., and that the trial court did not err when it found Darrell to be an unfit parent after a psychologist failed to conduct a court-ordered examination.”
Marinette Cnty. v. TAMMY C., 579 N.W.2d 635 (Wis. 1998). “In the circuit court's view, several CHIPS 1 orders lacked the warning notice *209 required by Wis. Stat. § 48.356 (2), as referenced in Wis.”
Kimberly S. S. v. Sebastian X. L., 2005 WI App 83 (Wis. Ct. App. 2005). “1 The circuit court dismissed the termination of parental rights (TPR) petition because the family court order denying physical placement to Sebastian did not contain the warnings provided in Wis. Stat. § 48.356 . Because we *264 conclude that a petitioner need not prove that a…”
Dane Cnty. Dep't of Human Servs. v. Mable K., 2013 WI 28 (Wis. 2013). “§ 48.356 (2). Second, Blank testified that Dane County "definitely did" make a reasonable effort to provide the services ordered by the court.”
Tammie J.C. v. Robert T.R., 2003 WI 61 (Wis. 2003). “" The circuit judge to whom the case was later assigned recognized that the Arizona court order did not contain the notice required under Wis. Stat. § 48.356 , but suggested that Robert had waived the issue.”
Kenosha Cnty. Dep't of Human Servs. v. Jodie W., 2006 WI 93 (Wis. 2006). “The court also included warnings to Jodie regarding the grounds for termination of her parental rights (TPR) made applicable through the CHIPS order, pursuant to Wis. Stat. § 48.356 . ¶ 7. The conditions required Jodie to (1) obtain, maintain and manage a suitable residence; 4…”
— Wis. Stat. § 48.356(1) — 20 cases
M.P. v. Dane Cnty. Dep't of Human Servs., 488 N.W.2d 133 (Wis. Ct. App. 1992). “We need not reach that argument, however, because we conclude that the notice in the October, 1988, order met the requirements of sec. 48.356, Stats. In In re D.F., 147 Wis.”
Dane Cnty. Dep't of Human Servs. v. Ponn P., 2005 WI 32 (Wis. 2005). “was denied visitation with the children, pursuant to a February 27, 2002 Dane County Circuit Court order that contained the notice required by Wis. Stat. § 48.356 (2). Second, DCDHS alleged, "As of February 28, [2]003, at least one year elapsed since the order denying visitation.”
Cynthia E. v. La Crosse Cnty. Human Servs. Dep't, 493 N.W.2d 56 (Wis. 1992). “'s argument that continuing need of protection or services is the *228 "specific" applicable ground required under sec. 48.356(1), Stats., the fact that the written orders contained more than that does not mean the orders did not comply with sec.”
Winnebago Cnty. Dep't of Soc. Servs. v. Darrell A., 534 N.W.2d 907 (Wis. Ct. App. 1995). “We further conclude that Darrell did not require a warning pursuant to § 48.356, STATS., and that the trial court did not err when it found Darrell to be an unfit parent after a psychologist failed to conduct a court-ordered examination.”
Eau Claire Cnty. Dep't of Human Servs. v. S. E., 2021 WI 56 (Wis. 2021). “¶7 Under that initial CHIPS order, the circuit court provided Sophie with written notice of the potential grounds for termination of Sophie's parental rights to Tyler, as required by Wis. Stat. § 48.356 (2). Both parties agree that the written notice identified continuing CHIPS…”
— Wis. Stat. § 48.356(2) — 38 cases
St. Croix Cnty. Dep't of Health & Human Servs. v. Michael D., 2016 WI 35 (Wis. 2016). “415(2) does not require that the written notice must be in the last order or that six months must pass after the last order before the petition to terminate parental rights may be filed.”
Waukesha Cnty. v. Steven H., 2000 WI 28 (Wis. 2000). “The court of appeals reversed the termination order because some orders removing Brittany from her home did not include the written notice prescribed by Wis. Stat. § 48.356 (2) (1997-98). 1 The court of appeals held that Steven H.”
M.P. v. Dane Cnty. Dep't of Human Servs., 488 N.W.2d 133 (Wis. Ct. App. 1992). “We need not reach that argument, however, because we conclude that the notice in the October, 1988, order met the requirements of sec. 48.356, Stats. In In re D.F., 147 Wis.”
Cynthia E. v. La Crosse Cnty. Human Servs. Dep't, 493 N.W.2d 56 (Wis. 1992). “'s argument that continuing need of protection or services is the *228 "specific" applicable ground required under sec. 48.356(1), Stats., the fact that the written orders contained more than that does not mean the orders did not comply with sec.”
Marinette Cnty. v. TAMMY C., 579 N.W.2d 635 (Wis. 1998). “In the circuit court's view, several CHIPS 1 orders lacked the warning notice *209 required by Wis. Stat. § 48.356 (2), as referenced in Wis.”
— Wis. Stat. § 48.356(6) — 1 case
State v. Michael S., 2005 WI 82 (Wis. 2005).
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