SB284: Bill Text

2. Transfer guardianship of the child to a county department, child welfare agency, or DHFS and custody of the child to a relative or to an individual in whose home the child has resided for at least 12 consecutive months immediately prior to the termination of parental rights (TPR).

This bill permits the juvenile court, following a TPR, to transfer guardianship and custody of a child to a county department of a county other than Milwaukee County for placement of the child for adoption by the child's foster parent or treatment foster parent, only if the county department has agreed to accept guardianship and custody of the child and the foster parent or treatment foster parent has agreed to adopt the child.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB284, s. 1 Section 1. 48.02 (15) of the statutes is amended to read:

SB284,5,5 48.02 (15) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, or aunt. This relationship shall be, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce.

SB284, s. 2 Section 2. 48.21 (1) (a) of the statutes is amended to read:

SB284,5,20 48.21 (1) (a) If a child who has been taken into custody is not released under s. 48.20, a hearing to determine whether the child shall continue to be held in custody under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or a circuit court commissioner within 48 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays, and legal holidays. By the time of the hearing a petition under s. 48.25 shall be filed, except that no petition need be filed where a when the child is taken into custody under s. 48.19 (1) (b) or (d) 2. or 7. or where when the child is a runaway from another state, in which case a written statement of the reasons for holding a the child in custody shall be substituted if the petition is not filed. If no hearing has been held within 48 hours, excluding Saturdays, Sundays, and legal holidays, or if no petition or statement has been filed at the time of the hearing, the child shall be released except as provided in par. (b) pars. (b) and (bm). A parent not present at the hearing shall be granted a rehearing upon request for good cause shown.

SB284, s. 3 Section 3. 48.21 (1) (b) of the statutes is renumbered 48.21 (1) (b) (intro.) and amended to read:

SB284,6,3 48.21 (1) (b) (intro.) If no petition has been filed by the time of the hearing, a child may be held in custody with approval of the judge or circuit court commissioner for an additional 72 hours from the time of the hearing, excluding Saturdays, Sundays, and legal holidays, only if, as a result of the facts brought forth at the hearing, the judge or circuit court commissioner determines that probable cause exists to believe that any of the following:

SB284,6,4 2. That the child is an imminent danger to himself or herself or to others, that.

SB284,6,7 3. That probable cause exists to believe that the parent, guardian, or legal custodian of the child or other responsible adult is neglecting, refusing, unable, or unavailable to provide adequate supervision and care or, .

SB284,6,17 4. That, if the child is an expectant mother who was taken into custody under s. 48.19 (1) (cm) or (d) 8., that probable cause exists to believe that there is a substantial risk that if the child expectant mother is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the child expectant mother's habitual lack of self-control in the use of alcohol beverages, controlled substances, or controlled substance analogs, exhibited to a severe degree, and to believe that the child expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The

SB284,6,21 (bm) An extension under par. (b) may be granted only once for any petition. In the event of failure to file a petition within the extension period provided for in this paragraph par. (b), the judge or circuit court commissioner shall order the child's immediate release from custody.

SB284, s. 4 Section 4. 48.21 (1) (b) 1. of the statutes is created to read:

SB284,6,24 48.21 (1) (b) 1. That additional time is required to determine whether the filing of a petition initiating proceedings under this chapter is necessary.

SB284, s. 5 Section 5. 48.425 (1) (f) of the statutes is amended to read:

SB284,7,7 48.425 (1) (f) If the report recommends that the parental rights of both of the child's parents or the child's only living or known parent are to be terminated, the report shall contain a statement of the likelihood that the child will be adopted. This statement shall be prepared by an agency designated in s. 48.427 (3m) (a) 1. to 4. or (am) and include a presentation of the factors which that might prevent adoption, those which that would facilitate it adoption, and the agency which that would be responsible for accomplishing the adoption.

SB284, s. 6 Section 6. 48.425 (1) (g) of the statutes is amended to read:

SB284,7,15 48.425 (1) (g) If an agency designated under s. 48.427 (3m) (a) 1. to 4. or (am) determines that it is unlikely that the child will be adopted, or if adoption would not be in the best interests of the child, the report shall include a plan for placing the child in a permanent family setting. The plan shall include a recommendation as to the agency to be named guardian of the child or a recommendation that the person appointed as the guardian of the child under s. 48.977 (2) continue to be the guardian of the child.

SB284, s. 7 Section 7. 48.427 (3m) (intro.) of the statutes is amended to read:

SB284,7,19 48.427 (3m) (intro.) 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 either do one of the following:

SB284, s. 8 Section 8. 48.427 (3m) (a) 1. of the statutes is amended to read:

SB284,7,22 48.427 (3m) (a) 1. A county department authorized to accept guardianship under s. 48.57 (1) (e) or (hm).

SB284, s. 9 Section 9. 48.427 (3m) (am) of the statutes is created to read:

SB284,8,3 48.427 (3m) (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 or treatment foster parent, if the county department has agreed to accept guardianship and custody of the child and the foster parent or treatment foster parent has agreed to adopt the child.

SB284, s. 10 Section 10. 48.428 (2) (a) of the statutes is amended to read:

SB284,8,14 48.428 (2) (a) Except as provided in par. (b), when a court places a child in sustaining care after an order under s. 48.427 (4), the court shall transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am) and place the child in the home of a licensed foster parent, licensed treatment foster parent, or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent, licensed treatment foster parent, or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3).

SB284, s. 11 Section 11. 48.428 (2) (b) of the statutes is amended to read:

SB284,9,2 48.428 (2) (b) When a court places a child in sustaining care after an order under s. 48.427 (4) with a person who has been appointed as the guardian of the child under s. 48.977 (2), the court may transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am) and place the child in the home of a licensed foster parent, licensed treatment foster parent, or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, that licensed foster parent, licensed treatment foster parent, or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3). If the court transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am), the court shall terminate the guardianship under s. 48.977.

SB284, s. 12 Section 12. 48.43 (5) (c) of the statutes is amended to read:

SB284,9,12 48.43 (5) (c) Following the hearing, the court shall make all of the determinations specified under s. 48.38 (5) (c), except the determinations relating to the child's parents. The court may amend the order under sub. (1) to transfer the child's guardianship and custody to any agency specified under s. 48.427 (3m) (a) 1. to 4. which or (am) that consents to the transfer, if the court determines that the transfer is in the child's best interest. If an order is amended, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order.

SB284, s. 13 Section 13. 48.57 (3m) (a) 2. of the statutes is amended to read:

SB284,9,19 48.57 (3m) (a) 2. "Kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce relative other than a parent.

SB284, s. 14 Section 14. 48.57 (3n) (a) 2. of the statutes is amended to read:

SB284,9,24 48.57 (3n) (a) 2. "Long-term kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce relative other than a parent.

SB284, s. 15 Section 15. 48.62 (2) of the statutes is amended to read:

SB284,10,18 48.62 (2) A relative as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a) or a guardian of a child, who provides care and maintenance for a the child, is not required to obtain the license specified in this section. The department, county department, or licensed child welfare agency as provided in s. 48.75 may issue a license to operate a foster home or a treatment foster home to a relative who has no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster home or treatment foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department, or a licensed child welfare agency may, at the request of a guardian appointed under s. 48.977 or 48.978 or ch. 880, license the guardian's home as a foster home or treatment foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives with no duty of support and guardians appointed under s. 48.977 or 48.978 or ch. 880 who are licensed to operate foster homes or treatment foster homes are subject to the department's licensing rules.

SB284, s. 16 Section 16. 48.75 (1g) (a) 1. of the statutes is amended to read:

SB284,10,22 48.75 (1g) (a) 1. The person who will be licensed to operate the foster home is a relative, as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a) 2. a., or a guardian of the child who will be placed in the foster home.

SB284, s. 17 Section 17. 48.977 (1) of the statutes is amended to read:

SB284,10,25 48.977 (1) Definition. In this section, "relative" means a relative as defined in s. 48.02 (15) or a person specified in s. 48.57 (3m) (a) 2 other than a parent.

SB284, s. 18 Section 18. 48.981 (1) (fm) of the statutes is repealed.

SB284, s. 19 Section 19. 48.981 (3) (a) 2. of the statutes is renumbered 48.981 (3) (a) 2. (intro.) and amended to read:

SB284,11,8 48.981 (3) (a) 2. (intro.) The sheriff or police department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department all of the following types of cases reported to it. the sheriff or police department:

SB284,11,11 2g. The county department, department, or licensed child welfare agency may require that a subsequent report of a case referred under subd. 2. or 2d. be made in writing.

SB284, s. 20 Section 20. 48.981 (3) (a) 2. a. of the statutes is created to read:

SB284,11,14 48.981 (3) (a) 2. a. Cases in which a caregiver is suspected of abuse or neglect or of threatened abuse or neglect of a child.

SB284, s. 21 Section 21. 48.981 (3) (a) 2. b. of the statutes is created to read:

SB284,11,18 48.981 (3) (a) 2. b. Cases in which a caregiver is suspected of facilitating or failing to take action to prevent the suspected or threatened abuse or neglect of a child.

SB284, s. 22 Section 22. 48.981 (3) (a) 2. c. of the statutes is created to read:

SB284,11,21 48.981 (3) (a) 2. c. Cases in which it cannot be determined who abused or neglected or threatened to abuse or neglect a child.

SB284, s. 23 Section 23. 48.981 (3) (a) 2. d. of the statutes is created to read:

SB284,11,25 48.981 (3) (a) 2. d. Cases in which there is reason to suspect that an unborn child has been abused or there is reason to believe that an unborn child is at substantial risk of abuse.

SB284, s. 24 Section 24. 48.981 (3) (a) 2d. of the statutes is created to read:

SB284,12,6 48.981 (3) (a) 2d. The sheriff or police department may refer to the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department a case reported to the sheriff or police department in which a person who is not a caregiver is suspected of abuse or neglect or of threatened abuse or neglect of a child.

SB284, s. 25 Section 25. 48.981 (3) (c) 1. of the statutes is renumbered 48.981 (3) (c) 1. a. and amended to read:

SB284,13,5 48.981 (3) (c) 1. a. Within 24 hours Immediately after receiving a report under par. (a), the agency shall evaluate the report to determine whether there is reason to suspect that a caregiver has abused or neglected the child, has threatened the child with abuse or neglect, or has facilitated or failed to take action to prevent the suspected or threatened abuse or neglect of the child. If the agency determines that a caregiver is suspected of abuse or neglect or of threatened abuse or neglect of the child, determines that a caregiver is suspected of facilitating or failing to take action to prevent the suspected or threatened abuse or neglect of the child, or cannot determine who abused or neglected the child, within 24 hours after receiving the report the agency shall, in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child or unborn child is in need of protection or services. The If the agency determines that a person who is not a caregiver is suspected of abuse or neglect or of threatened abuse or neglect, the agency may, in accordance with that authority, initiate a diligent investigation to determine if the child is in need or protection or services. Within 24 hours after receiving a report under par. (a) of suspected unborn child abuse, the agency, in accordance with that authority, shall initiate a diligent investigation to determine if the unborn child is in need of protection or services. An investigation under this subd. 1. a. shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations.

SB284,13,23 b. If the investigation is of a report of child abuse or neglect or of threatened child abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not disclose who is suspected of the child abuse or neglect and in which the investigation does not disclose who abused or neglected the child, the investigation shall also include observation of or an interview with the child, or both, and, if possible, an interview with the child's parents, guardian, or legal custodian. If the investigation is of a report of child abuse or neglect or threatened child abuse or neglect by a caregiver who continues to reside in the same dwelling as the child, the investigation shall also include, if possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person making the investigation shall identify himself or herself and the agency involved to the child's parents, guardian, or legal custodian. The agency may contact, observe, or interview the child at any location without permission from the child's parent, guardian, or legal custodian if necessary to determine if the child is in need of protection or services, except that the person making the investigation may enter a child's dwelling only with permission from the child's parent, guardian, or legal custodian or after obtaining a court order permitting the person to do so.

SB284, s. 26 Section 26. 48.981 (3) (c) 4. of the statutes is amended to read:

SB284,14,15 48.981 (3) (c) 4. The county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department shall determine, within 60 days after receipt of a report that the county department, department, or licensed child welfare agency investigates under subd. 1., whether abuse or neglect has occurred or is likely to occur. The determination shall be based on a preponderance of the evidence produced by the investigation. A determination that abuse or neglect has occurred may not be based solely on the fact that the child's parent, guardian, or legal custodian in good faith selects and relies on prayer or other religious means for treatment of disease or for remedial care of the child. In making a determination that emotional damage has occurred, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department shall give due regard to the culture of the subjects. This subdivision does not prohibit a court from ordering medical services for the child if the child's health requires it.

SB284, s. 27 Section 27. 938.02 (15) of the statutes is amended to read:

SB284,14,23 938.02 (15) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, or aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce.

SB284, s. 28 Section 28. Effective date.

SB284,15,5 (1) Child abuse investigations of noncaregivers. The treatment of section 48.981 (3) (a) 2d. and (3) (c) 1. and 4. of the statutes, the renumbering and amendment of section 48.981 (3) (a) 2. of the statutes, and the creation of section 48.981 (3) (a) 2. a., b., c., and d. of the statutes take effect on the first day of the 6th month beginning after publication.

SB284,15,6 (End)