LRB-3845/1
GMM:skg:km
1995 - 1996 LEGISLATURE
May 18, 1995 - Introduced by Representative Vrakas, cosponsored by Senators
Huelsman and Darling. Referred to Committee on Judiciary.
AB377,1,4 1An Act to amend 48.357 (1) and 48.357 (2m); and to create 808.07 (2m) of the
2statutes; relating to: staying the execution or enforcement of an order
3changing the placement of a child pending final resolution of an appeal of that
4order.
Analysis by the Legislative Reference Bureau
Under current law, an appeal of a trial court order does not stay the execution
or enforcement of the order appealed from unless the trial court or an appellate court,
in its discretion, stays execution or enforcement of the order during the pendency of
the appeal. This bill requires a court assigned to exercise jurisdiction under the
children's code (juvenile court) or an appellate court to stay execution or enforcement
of an order of the juvenile court changing the placement of a child who has been found
to be in need of protection or services and who has been placed in the home of a foster
parent or treatment foster parent for 2 or more years if the foster parent or treatment
foster parent appeals that change in placement. Under the bill, the juvenile court
or appellate court must grant the stay, which lasts until final disposition of the
appeal, unless the juvenile court finds that the child is in immediate danger from his
or her surroundings in the home of the foster parent or treatment foster parent and
that removal from those surroundings is necessary.
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:
AB377, s. 1 5Section 1. 48.357 (1) of the statutes is amended to read:
AB377,3,6
148.357 (1) The person or agency primarily responsible for implementing the
2dispositional order may request a change in the placement of the child, whether or
3not the change requested is authorized in the dispositional order and shall cause
4written notice to be sent to the child or the child's counsel or guardian ad litem,
5parent, foster parent, treatment foster parent, guardian and legal custodian. The
6notice shall contain the name and address of the new placement, the reasons for the
7change in placement, a statement describing why the new placement is preferable
8to the present placement and a statement of how the new placement satisfies
9objectives of the treatment plan ordered by the court. Any person receiving the notice
10under this subsection or notice of the specific foster or treatment foster placement
11under s. 48.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection
12with the court within 10 days of receipt of the notice. Placements shall not be
13changed until 10 days after such notice is sent to the court unless the parent,
14guardian or legal custodian and the child, if 12 or more years of age, sign written
15waivers of objection, except that placement changes which were authorized in the
16dispositional order may be made immediately if notice is given as required in this
17subsection. In addition, a hearing is not required for placement changes authorized
18in the dispositional order except where an objection filed by a person who received
19notice alleges that new information is available which affects the advisability of the
20court's dispositional order. If a hearing is held under this subsection and the change
21in placement would remove a child from a foster home or treatment foster home, the
22foster parent or treatment foster parent may submit a written statement prior to the
23hearing. If the court orders a child to be removed from a foster home or treatment
24foster home, the foster parent or treatment foster parent may appeal that order as
25provided in s. 809.30. If a foster parent or treatment foster parent with whom a child

1has been placed under s. 48.345 for 2 or more years appeals an order removing the
2child from the foster home or treatment foster home, the court shall stay execution
3or enforcement of that order until final disposition of the appeal, unless the court
4finds that the child is in immediate danger from his or her surroundings in the foster
5home or treatment foster home and that removal from those surroundings is
6necessary.
AB377, s. 2 7Section 2. 48.357 (2m) of the statutes is amended to read:
AB377,4,108 48.357 (2m) The child, parent, guardian, legal custodian or any person or
9agency primarily bound by the dispositional order, other than the person or agency
10responsible for implementing the order, may request a change in placement under
11this subsection. The request shall contain the name and address of the place of the
12new placement requested and shall state what new information is available which
13affects the advisability of the current placement. This request shall be submitted to
14the court. In addition, the court may propose a change in placement on its own
15motion. The court shall hold a hearing on the matter prior to ordering any change
16in placement under this subsection if the request states that new information is
17available which affects the advisability of the current placement, unless written
18waivers of objection to the proposed change in placement are signed by all parties
19entitled to receive notice under sub. (1) and the court approves. If a hearing is
20scheduled, the court shall notify the child, parent, foster parent, treatment foster
21parent,
guardian, legal custodian and all parties who are bound by the dispositional
22order at least 3 days prior to the hearing. A copy of the request or proposal for the
23change in placement shall be attached to the notice. If all the parties consent, the
24court may proceed immediately with the hearing. If a hearing is held under this
25subsection and the change in placement would remove a child from a foster home or

1treatment foster home
, the foster parent or treatment foster parent may submit a
2written statement prior to the hearing. If the court orders a child to be removed from
3a foster home or treatment foster home, the foster parent or treatment foster parent
4may appeal that order as provided in s. 809.30. If a foster parent or treatment foster
5parent with whom a child has been placed under s. 48.345 for 2 or more years appeals
6an order removing the child from the foster home or treatment foster home, the court
7shall stay execution or enforcement of that order until final disposition of the appeal,
8unless the court finds that the child is in immediate danger from his or her
9surroundings in the foster home or treatment foster home and that removal from
10those surroundings is necessary.
AB377, s. 3 11Section 3. 808.07 (2m) of the statutes is created to read:
AB377,4,2012 808.07 (2m) Change in child's placement; automatic stay. If a foster parent
13or treatment foster parent appeals an order under s. 48.357 (1) or (2m) changing the
14placement of a child who has been placed in the home of the foster parent or
15treatment foster parent for 2 or more years under s. 48.345, the court assigned to
16exercise jurisdiction under ch. 48 or an appellate court shall stay execution or
17enforcement of that order until final disposition of the appeal, unless either court
18finds that the child is in immediate danger from his or her surroundings in the home
19of the foster parent or treatment foster parent and that removal from those
20surroundings is necessary.
AB377, s. 4 21Section 4. Initial applicability.
AB377,4,2322 (1) This act first applies to orders under section 48.357 (1) or (2m) of the
23statutes, as affected by this act, granted on the effective date of this subsection.
AB377, s. 5 24Section 5. Effective date.
AB377,5,1
1(1) This act takes effect retroactively to May 22, 1995.
AB377,5,22 (End)
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