Wisconsin Statutes

Wis. Stat. § 938.356 (2026)

Duty of court to warn

✓ current as of July 2026
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938.356938.356Duty of court to warn.
938.356(1)(1)Oral warning. Whenever the court orders a juvenile to be placed outside his or her home or denies a parent visitation because the juvenile has been adjudged to be delinquent or to be in need of protection or services under s. 938.34, 938.345, 938.357, 938.363, or 938.365 and whenever the court reviews a permanency plan under s. 938.38 (5m), the court shall orally inform the parent or parents who appear 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 juvenile to be returned to the home or for the parent to be granted visitation.
938.356(2)(2)Written warning. In addition to the notice required under sub. (1), any written order which places a juvenile outside the home or denies visitation under sub. (1) shall notify the parent or parents of the information specified under sub. (1).
938.356 HistoryHistory: 1995 a. 77, 275; 2005 a. 344; 2009 a. 185.
Notes of Decisions
Cited in 4 cases, 2005–2019 · leading case: Brown Cnty. Human Servs. v. B. P. (In re A. P.), 927 N.W.2d 560 (Wis. Ct. App. 2019).
Brown Cnty. Human Servs. v. B. P. (In re A. P.), 927 N.W.2d 560 (Wis. Ct. App. 2019). “§ 938.356(2), and that the parent has failed to visit or communicate with the child for a period of three months or longer, then the Department may proceed under subd.”
Kimberly S. S. v. Sebastian X. L., 2005 WI App 83 (Wis. Ct. App. 2005). · cites it 3× “415(4) that "all of the following" must be proven to establish this ground for termination means that proof of the notice in Wis. Stat. § 938.356 (2) is required for orders issued in family court as well as juvenile court.”
Heather B. v. Jennifer B., 2011 WI App 26 (Wis. Ct. App. 2011). · cites it 2× “of any grounds for termination of parental rights under s. 48.415 which may be applicable.”
In re H. M. G., 926 N.W.2d 515 (Wis. Ct. App. 2019). “§ 938.356 requires the court to give an equivalent oral and written warning whenever it denies parents visitation to a juvenile under WIS.”
— Wis. Stat. § 938.356(2) — 2 cases
Brown Cnty. Human Servs. v. B. P. (In re A. P.), 927 N.W.2d 560 (Wis. Ct. App. 2019). “§ 938.356(2), and that the parent has failed to visit or communicate with the child for a period of three months or longer, then the Department may proceed under subd.”
Kimberly S. S. v. Sebastian X. L., 2005 WI App 83 (Wis. Ct. App. 2005). “415(4) that "all of the following" must be proven to establish this ground for termination means that proof of the notice in Wis. Stat. § 938.356 (2) is required for orders issued in family court as well as juvenile court.”
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