Wisconsin Statutes
Wis. Stat. § 48.427 (2026)
Dispositions
✓ current as of July 2026
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48.427(1)(1) Any party may present evidence relevant to the issue of disposition, including expert testimony, and may make alternative dispositional recommendations to the court. After receiving any evidence related to the disposition, the court shall enter one of the dispositions specified under subs. (2) to (3p) within 10 days.
48.427(1m)(1m) In addition to any evidence presented under sub. (1), the court shall give the foster parent or other physical custodian described in s. 48.62 (2) of the child a right to be heard at the dispositional hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the dispositional hearing, or to submit a written statement prior to disposition, relevant to the issue of disposition. A foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and a right to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.
48.427(2)(2) The court may dismiss the petition if it finds that the evidence does not warrant the termination of parental rights.
48.427(3m)(3m) If the rights of both parents or of the only living parent are terminated under sub. (3) and if a guardian has not been appointed under s. 48.977, the court shall do one of the following:
48.427(3m)(a)5.5. A relative with whom the child resides, if the relative has filed a petition to adopt the child or if the relative is a kinship care provider or is receiving payments under s. 48.62 (4) for providing care and maintenance for the child.
48.427(3m)(a)6.6. An individual who has been appointed guardian of the child by a court of a foreign jurisdiction.
48.427(3m)(am)(am) Transfer guardianship and custody of the child to a county department authorized to accept guardianship under s. 48.57 (1) (hm) for placement of the child for adoption by the child’s foster parent, if the county department has agreed to accept guardianship and custody of the child and the foster parent has agreed to adopt the child.
48.427(3m)(b)(b) Transfer guardianship of the child to one of the agencies specified under par. (a) 1. to 4. and custody of the child to an individual in whose home the child has resided for at least 12 consecutive months immediately prior to the termination of parental rights or to a relative.
48.427(3m)(c)(c) Appoint a guardian under s. 48.977 and transfer guardianship and custody of the child to the guardian.
48.427(3p)(3p) If the rights of both parents or of the only living parent are terminated under sub. (3) and if a guardian has been appointed under s. 48.977, the court may enter one of the orders specified in sub. (3m) (a) or (b). If the court enters an order under this subsection, the court shall terminate the guardianship under s. 48.977.
48.427(5)(5) In placing an Indian child in a preadoptive placement following a transfer of guardianship and custody under sub. (3m) or (3p), the court or an agency specified in sub. (3m) (a) 1. to 4. or (am) shall comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court or agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
48.427(6)(a)(a) Inform each birth parent, as defined under s. 48.432 (1) (am), whose rights have been terminated of the provisions of ss. 48.432, 48.433 and 48.434.
48.427(6)(b)1.1. The name and date of birth of the child whose birth parent’s rights have been terminated.
48.427(6)(b)2.2. The names and current addresses of the child’s birth parents, guardian and legal custodian.
48.427(6)(b)3.3. The medical and genetic information obtained under s. 48.422 (9) or 48.425 (1) (am) or (2).
48.427(6)(b)4.4. If the court knows or has reason to know that the child is an Indian child, information relating to the child’s membership or eligibility for membership in an Indian tribe.
48.427(7)(a)(a) If an order is entered under sub. (3), the court may orally inform the parent or parents who appear in court of the ground for termination of parental rights specified in s. 48.415 (10).
48.427(7)(b)(b) In addition to the notice permitted under par. (a), any written order under sub. (3) may notify the parent or parents of the information specified in par. (a).
48.427 HistoryHistory: 1979 c. 330; 1981 c. 81, 359; 1985 a. 70, 176; 1995 a. 275, 289; 1997 a. 80, 104, 237; 2005 a. 25, 232; 2009 a. 28, 79, 94; 2015 a. 128; 2023 a. 119.
48.427 AnnotationOnce a basis for termination has been found by the jury and confirmed with a finding of unfitness by the court, the court must move to the dispositional hearing in which the prevailing factor is the best interests of the child. A court should not dismiss a petition for termination at a dispositional hearing unless it can reconcile dismissal with the best interests of the child. Sheboygan County Department of Health & Human Services v. Julie A.B., 2002 WI 95, 255 Wis. 2d 170, 648 N.W.2d 402, 01-1692.
48.427 AnnotationThe ten-day time limit in sub. (1) addressed a period after the circuit court made the final decisions that served to terminate parental rights of the child and put the child in a position to be adopted. There was no reason why, after all critical stages within the adjudication process were complete, and the court had made the required rulings, failure to enter a written order implicated the court’s competency. Dane County Department of Human Services v. Dyanne M., 2007 WI App 129, 301 Wis. 2d 731, 731 N.W.2d 360, 06-2919.
48.427 AnnotationSub. (1) provides that a court must enter one of the dispositions specified under subs. (2) to (4). Nevertheless, the court cannot simply enter one of the dispositions set forth in sub. (3m), (3p), or (4). Rather, it must first enter a disposition terminating parental rights under sub. (3). Brown County Department of Human Services v. Brenda B., 2011 WI 6, 331 Wis. 2d 310, 795 N.W.2d 730, 10-0321.
Notes of Decisions
Cited in 66
cases (26 in the last 5 years), 1989–2025 · leading case: Sheboygan Cnty. Dep't of Health & Human Servs. v. Julie A.B., 2002 WI 95 (Wis. 2002).
Sheboygan Cnty. Dep't of Health & Human Servs. v. Julie A.B., 2002 WI 95 (Wis. 2002). “The statutes governing petitions for termination of parental rights require the court, in the exercise of its discretion, to consider the best interests of the child as the prevailing factor in a disposition under Wis. Stat. § 48.427 . After a jury or the court has found one of…”
Evelyn C. R. v. Tykila S., 2001 WI 110 (Wis. 2001). “Wis. Stat. § 48.427 (1)-(1m). And if the circuit court finds during the dispositional phase "that the evidence does not warrant the termination of parental rights," the court need not terminate the parent's rights.”
Dane Cnty. Dep't of Human Servs. v. Mable K., 2013 WI 28 (Wis. 2013). “See Wis. Stat. § 48.427 ; Shirley E., 298 Wis.”
State v. Allen M., 571 N.W.2d 872 (Wis. Ct. App. 1997). “, [2] and ultimately concluded that termination *306 was appropriate, under § 48.427, STATS. [3] Patty and Allen argue that § 48.”
Kenosha Cnty. Dep't of Human Servs. v. Jodie W., 2006 WI 93 (Wis. 2006). “An examination of our case law and Wis. Stat. § 48.427 reveals otherwise. ¶ 68.”
Brown Cnty. Dep't of Human Servs. v. Brenda B., 2011 WI 6 (Wis. 2011). “Brenda also argued that the circuit court was required to ascertain whether she understood all of the potential dispositions available under Wis. Stat. § 48.427 . 8 Brenda asserted that she had been unaware of the implications of her no contest plea with respect to these two…”
State v. Shirley E., 2006 WI 129 (Wis. 2006). “Wis. Stat. § 48.427 (l)-(lm); Evelyn C.R.”
Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004). “In its defense, the County maintains that the circuit court's discretion at the disposition stage to dismiss pursuant to Wis. Stat. § 48.427 (2) [13] is sufficient to satisfy Kelli's right to substantive due process.”
State v. B. W., 2024 WI 28 (Wis. 2024). “The court weighs the testimony received against all of the statutory factors in Wis. Stat.”
Oneida Cnty. Dep't of Soc. Servs. v. Nicole W., 2007 WI 30 (Wis. 2007). “2d 1, ¶23 (citing Wis. Stat. § 48.427 (1)-(1m)). ¶ 14 We have concluded that summary judgment may be employed in the grounds phase of a termination of parental rights proceeding when there is no genuine factual dispute that would preclude finding one or more of the statutory…”
Oneida Cnty. Dep't of Soc. Servs. v. Therese S., 2008 WI App 159 (Wis. Ct. App. 2008). “On remand, the burden will be on the County to prove that at the time Therese entered her no contest plea, she understood: (1) she would be found unfit to parent as a result of the plea, (2) the potential dispositions specified under Wis. Stat. § 48.427 , and (3) that the…”
In Re the Termination of Parental Rights to Marquette S., 2007 WI 77 (Wis. 2007). “'s parental rights to Marquette and, if necessary, for a dispositional hearing in accordance with § 48.427 on whether Bobby G.'s parental rights should be terminated in the best interests of Marquette.”
— Wis. Stat. § 48.427(1) — 12 cases
State v. Shirley E., 2006 WI 129 (Wis. 2006). “Wis. Stat. § 48.427 (l)-(lm); Evelyn C.R.”
State v. H. C., 2025 WI 20 (Wis. 2025).
In Re Torrance P., Jr., 2006 WI 129 (Wis. 2006).
Dane Cnty. Dep't of Human Servs. v. Dyanne M., 2007 WI App 129 (Wis. Ct. App. 2007).
State v. H. C., 2025 WI 20 (Wis. 2025).
— Wis. Stat. § 48.427(1m) — 3 cases
State v. H. C., 2025 WI 20 (Wis. 2025).
State v. H. C., 2025 WI 20 (Wis. 2025).
State v. S. R. (Wis. Ct. App. 2022).
— Wis. Stat. § 48.427(2) — 15 cases
State v. Allen M., 571 N.W.2d 872 (Wis. Ct. App. 1997). “, [2] and ultimately concluded that termination *306 was appropriate, under § 48.427, STATS. [3] Patty and Allen argue that § 48.”
Sheboygan Cnty. Dep't of Health & Human Servs. v. Julie A.B., 2002 WI 95 (Wis. 2002). “The statutes governing petitions for termination of parental rights require the court, in the exercise of its discretion, to consider the best interests of the child as the prevailing factor in a disposition under Wis. Stat. § 48.427 . After a jury or the court has found one of…”
Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004). “In its defense, the County maintains that the circuit court's discretion at the disposition stage to dismiss pursuant to Wis. Stat. § 48.427 (2) [13] is sufficient to satisfy Kelli's right to substantive due process.”
State v. Frederick H., 2001 WI App 141 (Wis. Ct. App. 2001).
State v. H. C., 2025 WI 20 (Wis. 2025).
— Wis. Stat. § 48.427(3) — 8 cases
Kenosha Cnty. Dep't of Human Servs. v. Jodie W., 2006 WI 93 (Wis. 2006). “An examination of our case law and Wis. Stat. § 48.427 reveals otherwise. ¶ 68.”
In Re Max GW, 2006 WI 93 (Wis. 2006).
State v. T.C.G. (In re Interest of J.M.G.), 922 N.W.2d 323 (Wis. Ct. App. 2018).
Jackson Cnty. DHHS v. K. M. G. (Wis. Ct. App. 2022).
State v. J. W. (Wis. Ct. App. 2022).
— Wis. Stat. § 48.427(3m) — 2 cases
Dane Cnty. Dep't of Human Servs. v. Dyanne M., 2007 WI App 129 (Wis. Ct. App. 2007).
In Re Artavia B., 731 N.W.2d 360 (Wis. Ct. App. 2007).
— Wis. Stat. § 48.427(3p) — 1 case
Brown Cnty. Dep't of Human Servs. v. Brenda B., 2011 WI 6 (Wis. 2011). “Brenda also argued that the circuit court was required to ascertain whether she understood all of the potential dispositions available under Wis. Stat. § 48.427 . 8 Brenda asserted that she had been unaware of the implications of her no contest plea with respect to these two…”
— Wis. Stat. § 48.427(4) — 1 case
Brown Cnty. Dep't of Human Servs. v. Brenda B., 2011 WI 6 (Wis. 2011). “Brenda also argued that the circuit court was required to ascertain whether she understood all of the potential dispositions available under Wis. Stat. § 48.427 . 8 Brenda asserted that she had been unaware of the implications of her no contest plea with respect to these two…”
— Wis. Stat. § 48.427(7) — 2 cases
Dane Cnty. Dep't of Human Servs. v. Dyanne M., 2007 WI App 129 (Wis. Ct. App. 2007).
In Re Artavia B., 731 N.W.2d 360 (Wis. Ct. App. 2007).
— Wis. Stat. § 48.427(l) — 1 case
Dane Cnty. Dep't of Human Servs. v. Dyanne M., 2007 WI App 129 (Wis. Ct. App. 2007).
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