Juvenile Services
In Wisconsin there are instances when WICWA is applicable under Chapter 938, even though this is often thought of as a statute that applies only to delinquents. Juveniles alleged to be in need of protection and services are also covered by ICWA.
The following types of JIPS cases are covered under WICWA:
- 938.13(4) Uncontrollable.
- 938.13(6) Habitually truant from school.
- 938.13(6m) School dropout.
- 938.13(7) Habitually truant from home.
JIPS cases are subject to concurrent jurisdiction . As such, procedures are the same as for CHIPS cases under concurrent jurisdiction with Tribal Courts.
In the case of out-of-home placement under JIPS, there is the same requirement for burden of proof and qualified expert witnesses as is required by CHIPS cases.
Notification requirements are the same as for CHIPS cases.
The ICWA placement preferences must be followed in JIPS cases.
938.028(4)(b) (b) Appointment of counsel. Whenever an Indian juvenile is the subject of a proceeding under s. 938.13 (4), (6), (6m), or (7) involving the removal of the Indian juvenile from the home of his or her parent or Indian custodian or the placement of the Indian juvenile in an out-of-home care placement, the Indian juvenile's parent or Indian custodian shall have the right to be represented by court-appointed counsel as provided in s. 938.23 (2g). The court may also, in its discretion, appoint counsel for the Indian juvenile under s. 938.23 (1m) or (3) if the court finds that the appointment is in the best interests of the Indian juvenile.