AB507: Bill Text

AB507, s. 2 Section 2. 48.27 (4) (c) of the statutes is created to read:

AB507,4,12 48.27 (4) (c) If the parent is an inmate, notify the parent of his or her opportunity under s. 48.274 to attend the hearing or to take part in the hearing by telephone conference. Once notified, the parent shall, not less than 10 days before the hearing, advise the court in writing whether he or she intends to participate in the hearing. The department of corrections shall assist the parent in advising the court under this paragraph.

AB507, s. 3 Section 3. 48.274 of the statutes is created to read:

AB507,4,20 48.274 Inmate-parent's participation in certain court proceedings relating to his or her child. (1) Participation in Hearings. (a) A parent who receives notice under s. 48.27 (4) (c) of a hearing specified in par. (b) shall advise the court whether he or she intends to participate in the hearing as provided in s. 48.27 (4) (c). If the court receives timely notice under that paragraph that the parent intends to participate in the hearing, the court shall ensure that the parent has an opportunity to participate in the hearing by doing one of the following:

AB507,4,22 1. Issuing a summons requiring the parent to appear in court for the proceeding.

AB507,4,24 2. Arranging for a telephone conference with the parent in lieu of an in-person appearance at the hearing.

AB507,4,25 (b) Paragraph (a) applies to the following hearings under this chapter:

AB507,5,1 1. A contested adoption hearing.

AB507,5,2 2. An involuntary termination of parental rights hearing.

AB507,5,4 3. A fact-finding hearing or a dispositional hearing in a proceeding under s. 48.12 or 48.13 involving an out-of-home placement of a child.

AB507,5,6 (c) The sheriff of the county in which a summons under par. (a) 1. is issued shall ensure compliance with the summons.

AB507,5,8 (d) A telephone conference under par. (a) 2. shall be at the expense of the county in which the hearing is held and not at the parent's expense.

AB507,5,16 (2) Telephone conference for permanency plan review. If a primary caretaker inmate-parent who has received notice of a permanency plan review under s. 48.38 (5) (b) indicates in writing not less than 10 days before the review that he or she intends to take part in the review, the court or agency under s. 48.38 (5) shall arrange for the primary caretaker inmate-parent to participate in the review through the use of a telephone conference. The telephone conference shall be at the expense of the county in which the hearing is held and not at the primary caretaker inmate-parent's expense.

AB507, s. 4 Section 4. 48.34 (16) of the statutes is created to read:

AB507,5,24 48.34 (16) Disposition when parent is an inmate. (a) If the child has a parent who is an inmate, the court shall determine the nature and extent of any contact or other communication between the parent and child that would assist in the child's treatment or rehabilitation and may order the parent and the agency that is primarily responsible for providing services under the dispositional order to perform any activities specified by the court that are designed to support positive and nurturing communication between the parent and the child.

AB507,6,2 (b) In determining the nature and extent of contact or communication between the parent and child under par. (a), the court may consider all of the following:

AB507,6,4 1. The relationship between the parent and child before the parent's incarceration.

AB507,6,6 2. The wishes of the child as expressed directly by the child or through the child's counsel, guardian ad litem or social worker.

AB507,6,8 3. A recommendation contained in a report of an examination made under s. 48.295.

AB507,6,9 4. The child's permanency plan under s. 48.38.

AB507,6,11 5. Any special needs of the child and any plan of special treatment and care for those special needs.

AB507,6,13 6. The recommendations of the child's parents, guardian, legal custodian and social worker and any evidence or argument presented at the dispositional hearing.

AB507, s. 4 Section 4. 48.355 (2c) (a) (intro.) of the statutes is amended to read:

AB507,6,20 48.355 (2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as to whether a county department which provides social services or the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to prevent the removal of the child from his or her home, the court's consideration of reasonable efforts shall include, but not be limited to, consideration of whether all of the following have occurred:

AB507, s. 5 Section 5. 48.355 (2c) (b) of the statutes is amended to read:

AB507,7,3 48.355 (2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, the court's consideration of reasonable efforts shall include, but not be limited to, the considerations listed under par. (a) 1. to 5. and whether visitation schedules between the child and his or her parents were implemented, unless visitation was denied or limited by the court.

AB507, s. 6 Section 6. 48.355 (2d) of the statutes is created to read:

AB507,7,11 48.355 (2d) Reasonable efforts standards; inmate-parent. (a) If a parent is an inmate at the time of a finding under sub. (2) (b) 6. as to whether a county department which provides social services or the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to prevent the removal of the child from his or her home, the court's consideration of reasonable efforts shall include, in addition to the considerations specified in sub. (2c), consideration of whether all of the following have occurred:

AB507,7,14 1. A comprehensive assessment of the family's situation during the parent's imprisonment was completed, including a determination of the likelihood of reunification after the parent's imprisonment ends.

AB507,7,16 2. Financial assistance, if applicable, was provided to the family and the parent to enable reasonable visitation and contact between the parent and the child.

AB507,7,19 3. Services were offered or provided to the family, if applicable, and whether any assistance was provided to the family to enable the family to use the services. Examples of the types of services that may have been offered include the following:

AB507,7,23 a. Transportation of the child to and from the state prison named in s. 302.01 in which the parent is an inmate or transportation of the parent from that state prison to a location that is convenient to the child to enable reasonable visitation and contact between the parent and the child.

AB507,7,25 b. Assistance in arranging adequate communication between the parent and the child.

AB507,8,3 4. Efforts were made to coordinate services among the division of adult institutions, the division of probation and parole and the division of intensive sanctions in the department of corrections.

AB507,8,9 (b) When a court makes a finding under sub. (2) (b) 6. as to whether the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, the court's consideration of reasonable efforts shall include the considerations listed under par. (a) 1. to 4. and whether visitation schedules between the child and his or her parents were implemented, unless visitation was denied or limited by the court.

AB507, s. 7 Section 7. 48.38 (4) (f) 4. of the statutes is created to read:

AB507,8,16 48.38 (4) (f) 4. If the parent is a primary caretaker inmate-parent, improve the relationship between the parent and his or her child during the parent's imprisonment, facilitate continued communication and a continuing parental relationship between that parent and the child during the parent's imprisonment, and facilitate reunification of the child and that parent after the parent's imprisonment ends.

AB507, s. 9 Section 9. 48.38 (5) (c) 7. of the statutes is amended to read:

AB507,8,20 48.38 (5) (c) 7. Whether reasonable efforts, including reasonable efforts under s. 48.355 (2d) when applicable, were made by the agency to make it possible for the child to return to his or her home.

AB507, s. 10 Section 10. 48.38 (5) (c) 8. of the statutes is created to read:

AB507,8,25 48.38 (5) (c) 8. Whether reasonable efforts were made by the agency to facilitate communication and a parental relationship between a parent who is an inmate and the child, and to facilitate reunification between the child and a parent who is a primary caretaker inmate-parent.

AB507, s. 11 Section 11. 48.38 (6) (c) of the statutes is amended to read:

AB507,9,5 48.38 (6) (c) Standards for reasonable efforts, including reasonable efforts under s. 48.355 (2d) when applicable, to prevent placement of children outside of their homes and to make it possible for children to return to their homes if they have been placed outside of their homes.

AB507, s. 15 Section 15. 301.01 (1) of the statutes is renumbered 301.01 (1m).

AB507, s. 16 Section 16. 301.01 (1d) of the statutes is created to read:

AB507,9,11 301.01 (1d) "Assessment and evaluation" means the initial process in which an inmate participates in order to be oriented to the state correctional system and facilities, receive a security classification and an assignment to a state correctional institution and be offered a vocational, job, school or program assignment.

AB507, s. 17 Section 17. 301.01 (1g) of the statutes is created to read:

AB507,9,13 301.01 (1g) "Child" means a person who is less than 18 years of age.

AB507, s. 18 Section 18. 301.042 of the statutes is created to read:

AB507,9,17 301.042 Assessment and evaluation: primary caretaker inmate-parents. (1) Definition. In this section, "primary caretaker inmate-parent" means any of the following:

AB507,9,20 (a) A parent who is an inmate and who, before his or her imprisonment, assumed responsibility for the housing, including temporary placement in the home of a responsible adult, health and safety of his or her child.

AB507,9,22 (b) A parent who is an inmate and who, before his or her imprisonment, had primary physical placement, as defined in s. 767.001 (5), of his or her child.

AB507,9,24 (c) A woman who is an inmate and who gives birth, or is expected to give birth, to a child during the term for which the woman is imprisoned.

AB507,10,2 (d) A woman who is an inmate and who gives birth to a child within 6 months before her imprisonment.

AB507,10,15 (2) Declaration of status as primary caretaker inmate-parent. As soon as the department considers practicable during assessment and evaluation of an inmate, the department shall give the inmate the opportunity to declare his or her status as a primary caretaker inmate-parent. The department shall provide the inmate with a form to make that declaration and shall inform the inmate, orally and on the form, of the reasons for the declaration. The department shall, within 10 days after the declaration is signed, forward a copy of the signed declaration to the court assigned to exercise jurisdiction under chapter 48 that has jurisdiction over the declared primary caretaker inmate-parent's child and to the county department under s. 46.215, 46.22 or 46.23 in the county of that court. The county department shall ensure that a copy of the declaration is given to the child's caseworker, if any. A declaration under this subsection is for purposes of notice only and has no effect on the inmate's actual status as a primary caretaker inmate-parent.

AB507,10,19 (3) Assessment of primary caretaker inmate-parent's situation and needs. During assessment and evaluation at the admitting state correctional institution of an inmate who is a primary caretaker inmate-parent, the department shall assess, among other things, all of the following:

AB507,10,20 (a) Where the inmate's child is currently living.

AB507,10,21 (b) Who is the current caregiver of the inmate's child.

AB507,10,23 (c) Whether adequate arrangements can be made for contact between the inmate and the child.

AB507,10,25 (d) Whether the child is the subject of a petition or a dispositional order under ch. 48.

AB507,11,1 (e) The need for the inmate to maintain contact with his or her child.

AB507,11,8 (4) Consideration of placement near child. In developing a final assessment and evaluation report, and in any subsequent review of the placement of an inmate who is a primary caretaker inmate-parent, the department shall, subject to security requirements, consider the feasibility of placing the inmate in a facility that is as close as possible to his or her child. The department shall specify in writing its reasons for placing or not placing the inmate in the closest possible facility to the inmate's child.

AB507,11,13 (5) Recommendations in report. A final assessment and evaluation report of an inmate who is a primary caretaker inmate-parent shall include recommendations regarding the services needed to assist the inmate in maintaining contact with his or her child and in assuming as much responsibility as possible for decision-making regarding the child.

AB507, s. 19 Section 19. 301.043 of the statutes is created to read:

AB507,11,18 301.043 Visitation and other communication with inmate-parent's child. (1) Visitation with child. During the orientation portion of an inmate's assessment and evaluation, the inmate's social worker or other appropriate staff member at the institution shall do all of the following:

AB507,11,20 (a) Determine whether the inmate has a child and, if so, determine whether the inmate desires visitation with that child.

AB507,11,22 (b) Inquire whether there are any court-imposed restrictions on visits by the inmate's child or on contact with the inmate's family.

AB507,11,24 (c) Provide the inmate with information describing selected resources that are available to assist the inmate in achieving visitation with his or her child.

AB507,12,7 (2) Telephone calls to child. (a) Except as provided in sub. (4), the department shall permit an inmate to have not less than one telephone conversation per week with his or her child. The department shall designate one or more appropriate persons, including the child's other parent or foster parent, treatment foster parent or a relative of the child who is caring for the child in the parent's absence, as persons who may accept telephone calls from the inmate to his or her child and place the child on the telephone for purposes of the call.

AB507,12,10 (b) Except if the inmate's social worker determines that it would be detrimental to the child, the department shall encourage an inmate to have telephone contact with his or her child and to telephone his or her child not less than one time per week.

AB507,12,13 (c) The department shall ensure that each state correctional institution makes available to inmates a written policy that contains a specific procedure for arranging telephone calls between an inmate and his or her child.

AB507,12,20 (3) Department rules. The department shall promulgate rules to implement this section. The rules shall encourage communication between an inmate and his or her child, through visits, telephone calls and correspondence, as a means of fostering reintegration into the community and maintenance of family ties and shall require the department to designate staff at each state correctional institution to facilitate communication between an inmate and his or her child, unless that communication is prohibited by court order.

AB507,12,25 (4) Limitations on prohibiting communication as sanction. (a) The department may not prohibit an inmate from visiting, telephoning or corresponding with his or her child unless the inmate has been disciplined by the department for misconduct that is directly related to visiting, telephoning or corresponding with the inmate's child.

AB507,13,2 (b) If an inmate is in segregation status, his or her telephone privileges may be suspended.

AB507, s. 17 Section 17. 972.15 (1) of the statutes is amended to read:

AB507,13,11 972.15 (1) After a conviction the court may order a presentence investigation, except that the court may order an employe of the department to conduct a presentence investigation only after a conviction for a felony. In its presentence investigation report, the department shall provide information regarding a defendant's parental status, including the number and ages of the defendant's children, the defendant's legal custody and physical placement rights to those children, the current placement status of those children and any other relevant information that the court may request.

AB507, s. 18 Section 18 . Initial applicability.

AB507,13,15 (1)  The treatment of section 301.042 of the statutes first applies to any assessment and evaluation, as defined in section 301.01 (1d) of the statutes, as created by this act, commenced on the effective date of this subsection.

AB507, s. 19 Section 19. Effective dates. This act takes effect on the day after publication, except as follows:

AB507,13,20 (1)  Assessment and evaluation of primary caretaker inmate-parents. The treatment of section 301.042 of the statutes and Section 18 of this act take effect on the first day of the 3rd month beginning after publication.

AB507,13,21 (End)