AB266: Bill Text

Under current law, continuing denial of visitation under a CHIPS or a JIPS dispositional order, change in placement order, revision of dispositional order or extension of dispositional order is a ground for involuntary TPR. This bill eliminates continuing denial of visitation under a CHIPS or JIPS change in placement order as a grounds for involuntary TPR.

Relative guardianship

Current law permits the juvenile court to appoint a relative of a child as the guardian of the child if the juvenile court makes certain findings, including a finding that the child has been found to be in need of protection or services and has been placed, or continued in a placement, outside of his or her home for a cumulative total of one year or longer. Currently, if the juvenile court appoints a relative of such a child as the guardian of the child, the juvenile court may designate the child's placement with the relative as the child's permanent foster home placement. Current law also provides that if a child's placement with a relative is designated as the child's permanent foster or treatment foster home placement while a CHIPS dispositional order, revision order or extension order is in effect with respect to the child, the dispositional, revision or extension order remains in effect until 30 days after the guardianship terminates, a change in placement order is entered, the dispositional order, revision order or extension order is terminated or the child attains 18 years of age.

This bill eliminates the reference to a permanent treatment foster home placement in the provision relating to the length of a dispositional, revision or extension order when a child's placement with a relative is designated as the child's permanent placement. The bill also extends the provision relating to the length of a CHIPS dispositional, revision or extension order when a child's placement with a relative is designated as the child's permanent placement to a JIPS dispositional, revision or extension order. In addition, the bill changes the definition of "relative" for purposes of the law permitting a juvenile court to appoint a relative of a child in need of protection or services as the guardian of the child so that, for purposes of that law, "relative" is defined by reference to the relatives who are eligible to receive kinship care payments under the Wisconsin works (W-2) program rather than by reference to the relatives who are eligible to receive payments as nonlegally responsible relatives under the aid to families with dependent children (AFDC) program.

Paternity determinations

Under current law, subject to certain exceptions, records of the proceedings of the court assigned to exercise jurisdiction in actions affecting the family (family court) relating to a paternity determination must be placed in a closed file. Current law, however, permits those records to be disclosed to certain persons if the child is the subject of a proceeding under the children's code. This bill permits records of the family court relating to a paternity determination to be disclosed to certain persons if the juvenile is the subject of a proceeding under the juvenile justice code.

Under current law, subject to certain exceptions, the records of the juvenile court are not open to inspection and their contents may not be disclosed. Current law, however, permits the juvenile court to open to certain requesters its records from a proceeding under the children's code relating to the paternity of a child who is the subject of a paternity determination proceeding in family court. This bill permits the juvenile court to open to certain requesters its records from a proceeding under the juvenile justice code relating to the paternity of a juvenile who is the subject of a paternity determination proceeding in family court.

Duties of intake workers

Finally, under current law, information indicating that a child should be referred to the juvenile court as delinquent, in need of protection or services or in violation of a civil law or ordinance must be referred to the juvenile court intake worker who must conduct an intake inquiry to determine whether the available facts establish jurisdiction and to determine the best interests of the child and the public with regard to any action to be taken. Currently, if the intake worker determines that the child should be referred to the juvenile court, the intake worker must request that the district attorney, corporation counsel or other representative of the public interest file a petition. Current law, however, when describing the general powers and duties of an intake worker, the powers of a judge to act as an intake worker, the duty of an intake worker when a parent or child objects to the terms of an informal disposition or deferred prosecution agreement and the duty of an intake worker when an informal disposition or deferred prosecution agreement is cancelled, requires an intake worker or judge acting as an intake worker to recommend, rather than request, that a petition be filed. This bill requires an intake worker or judge acting as an intake worker to request, not recommend, that a petition be filed in those cases.

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:

AB266, s. 1 Section 1. 48.06 (4) of the statutes is amended to read:

AB266,5,9 48.06 (4) State aid. State aid to any county for court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 46.495, except as provided in s. 301.26. Counties having a population of less than 500,000 may use funds received under ss. s. 46.495 (1) (d) and 301.26, including county or federal revenue sharing funds allocated to match funds received under s. 46.495 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

AB266, s. 2 Section 2. 48.067 (6) of the statutes is amended to read:

AB266,5,13 48.067 (6) Receive referral information, conduct intake inquiries, make recommendations as to whether request that a petition should be filed, and enter into informal dispositions under policies promulgated under s. 48.06 (1) or (2);

AB266, s. 3 Section 3. 48.10 of the statutes is amended to read:

AB266,5,19 48.10 Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but if a recommendation request to file a petition is made or an informal disposition is entered into, the judge shall be disqualified from participating further in the proceedings.

AB266, s. 4 Section 4. 48.13 (11m) of the statutes is amended to read:

AB266,6,3 48.13 (11m) Who is suffering from an alcohol and other drug abuse impairment, exhibited to a severe degree, for which the parent, guardian or legal custodian is neglecting, refusing or unable to provide treatment; or

AB266, s. 5 Section 5. 48.13 (13) of the statutes is amended to read:

AB266,6,6 48.13 (13) Who has not been immunized as required by s. 252.04 and not exempted under s. 252.04 (3); or.

AB266, s. 6 Section 6. 48.185 (1) of the statutes is amended to read:

AB266,6,15 48.185 (1) Subject to sub. (2), venue for any proceeding under ss. 48.13, 48.135 and 48.14 (1) to (9) may be in any of the following: the county where the child resides, or the county where the child is present or, in the case of a violation of a state law or a county, town or municipal ordinance, the county where the violation occurred. Venue for proceedings brought under subch. VIII is as provided in this subsection except where the child has been placed and is living outside the home of the child's parent pursuant to a dispositional order, in which case venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as provided in s. 801.50 (5s).

AB266, s. 7 Section 7. 48.245 (4) of the statutes is amended to read:

AB266,6,24 48.245 (4) The intake worker shall inform the child and the child's parent, guardian and legal custodian in writing of their right to terminate the informal disposition at any time or object at any time to the fact or terms of the informal disposition. If an objection arises the intake worker may alter the terms of the agreement or recommend to request the district attorney or corporation counsel that to file a petition be filed. If the informal disposition is terminated the intake worker may recommend to request the district attorney or corporation counsel that to file a petition be filed.

AB266, s. 8 Section 8. 48.245 (7) of the statutes is amended to read:

AB266,7,8 48.245 (7) If at any time during the period of informal disposition the intake worker determines that the obligations imposed under it are not being met, the intake worker may cancel the informal disposition. Within 10 days after the cancellation of the informal disposition, the intake worker shall notify the district attorney, corporation counsel or other official under s. 48.09 of the cancellation and recommend whether or not request that a petition should be filed. The judge shall dismiss with prejudice any petition which is not filed within the time limit specified in this subsection.

AB266, s. 9 Section 9. 48.345 (11) of the statutes is repealed.

AB266, s. 10 Section 10. 48.357 (1) of the statutes is amended to read:

AB266,8,6 48.357 (1) The person or agency primarily responsible for implementing the dispositional order, the district attorney or the corporation counsel may request a change in the placement of the child, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the child or the child's counsel or guardian ad litem, parent, foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), guardian and legal custodian. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the specific foster or treatment foster placement under s. 48.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days of receipt of the notice. Placements shall not be changed until 10 days after such notice is sent to the court unless the parent, guardian or legal custodian and the child, if 12 or more years of age, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order.

AB266,8,14 (2r) If a hearing is held under this subsection sub. (1) or (2m) and the change in placement would remove a child from a foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) to make a written or oral statement during the hearing or to submit a written statement prior to the hearing, relating to the child and the requested change in placement. Any written or oral statement made under this subsection shall be made under oath or affirmation.

AB266, s. 11 Section 11. 48.357 (2m) of the statutes is amended to read:

AB266,9,14 48.357 (2m) The child, the parent, guardian or legal custodian of the child or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which affects the advisability of the current placement. This request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion. The court shall hold a hearing on the matter prior to ordering any change in placement under this subsection if the request states that new information is available which affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) and the court approves. If a hearing is scheduled, the court shall notify the child, the parent, guardian and legal custodian of the child, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child and all parties who are bound by the dispositional order at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all the parties consent, the court may proceed immediately with the hearing. If a hearing is held under this subsection and the change in placement would remove a child from a foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) to make a written or oral statement during the hearing or to submit a written statement prior to the hearing, relating to the child and the requested change in placement.

AB266, s. 12 Section 12. 48.357 (4m) of the statutes is repealed.

AB266, s. 13 Section 13. 48.363 (1m) of the statutes is amended to read:

AB266,9,23 48.363 (1m) If a hearing is held under sub. (1), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall permit a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of revision. Any written or oral statement made under this subsection shall be made under oath or affirmation.

AB266, s. 14 Section 14. 48.365 (2g) (a) of the statutes is amended to read:

AB266,10,5 48.365 (2g) (a) At the hearing the person or agency primarily responsible for providing services to the child shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the child's rehabilitation or care and treatment. The juvenile offender review program may file a written report regarding any child examined by the program.

AB266, s. 15 Section 15. 48.365 (2m) (ag) of the statutes is amended to read:

AB266,10,12 48.365 (2m) (ag) In addition to any evidence presented under par. (a), the court shall permit a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. Any written or oral statement made under this paragraph shall be made under oath or affirmation.

AB266, s. 16 Section 16. 48.365 (7) of the statutes is amended to read:

AB266,10,16 48.365 (7) Nothing in this section may be construed to allow any changes in placement. Revocation and other changes Changes in placement may take place only under s. 48.357.

AB266, s. 17 Section 17. 48.368 (2) (intro.) of the statutes is amended to read:

AB266,10,23 48.368 (2) (intro.)  If a child's placement with a guardian appointed under s. 48.977 (2) is designated by the court under s. 48.977 (3) as a permanent foster home or treatment foster home placement for the child while a dispositional order under s. 48.345, a revision order under s. 48.363 or an extension order under s. 48.365 is in effect with respect to the child, such dispositional order, revision order or extension order shall remain in effect until the earliest of the following:

AB266, s. 18 Section 18. 48.396 (1) of the statutes is amended to read:

AB266,11,10 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of children shall not be open to inspection or their contents disclosed except under sub. (1b) or, (1d) or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction.

AB266, s. 19 Section 19. 48.415 (4) (a) of the statutes is amended to read:

AB266,11,15 48.415 (4) (a) That the parent has been denied periods of physical placement by court order in an action affecting the family or has been denied visitation under an order under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363 or 938.365 containing the notice required by s. 48.356 (2) or 938.356 (2).

AB266, s. 20 Section 20. 48.415 (8) of the statutes is amended to read:

AB266,11,25 48.415 (8) Intentional or reckless homicide of parent. Intentional or reckless homicide of a parent, which shall be established by proving that a parent of the child has been a victim of first-degree intentional homicide in violation of s. 940.01, first-degree reckless homicide in violation of s. 940.02 or 2nd-degree intentional homicide in violation of s. 940.05 or a crime under federal law or the law of any other state that is comparable to a crime specified in this subsection and that the person whose parental rights are sought to be terminated has been convicted of that intentional or reckless homicide or crime under federal law or the law of any other state as evidenced by a final judgment of conviction.

AB266, s. 21 Section 21. 48.42 (1m) (d) of the statutes is created to read:

AB266,12,5 48.42 (1m) (d) A temporary order under par. (b) or an injunction under par. (c) suspends the portion of any order under s. 48.345, 48.363, 48.365, 938.345, 938.363 or 938.365 setting rules of parental visitation until the termination of the temporary order under par. (b) or injunction under par. (c).

AB266, s. 22 Section 22. 48.42 (2) (d) of the statutes is amended to read:

AB266,12,9 48.42 (2) (d) Any other person to whom notice is required to be given by ch. 822, excluding foster parents and treatment foster parents who shall be provided notice as required under sub. (2g).

AB266, s. 23 Section 23. 48.42 (2g) of the statutes is created to read:

AB266,12,22 48.42 (2g) Notice required. (a) In addition to causing the summons and petition to be served as required under sub. (2), the petitioner shall also notify any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child of all hearings on the petition. The first notice to any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) shall be written, shall have a copy of the petition attached to it, shall state the nature, location, date and time of the initial hearing and shall be mailed to the last-known address of the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2). Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.

AB266,13,6 (b) Failure to give notice under par. (a) to a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the proceeding. If a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under par. (a) and if the court is required under s. 48.427 (1m) to permit that person to make a written or oral statement during the hearing or to submit a written statement prior to the hearing and that person does not make or submit such statement, that person may request a rehearing on the matter at any time prior to the entry of an order under s. 48.427 (2) or (3). If the request is made, the court shall order a rehearing.

AB266, s. 24 Section 24. 48.427 (1m) of the statutes is amended to read:

AB266,13,12 48.427 (1m) In addition to any evidence presented under sub. (1), the court shall permit the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child to make a written or oral statement during the fact-finding or dispositional hearing or to submit a written statement prior to disposition, relevant to the issue of disposition.

AB266, s. 25 Section 25. 48.48 (title) and (intro.) of the statutes are amended to read:

AB266,13,15 48.48 (title) Authority of department of health and family services. (intro.) The department of health and family services shall have authority:

AB266, s. 26 Section 26. 48.977 (1) of the statutes is amended to read:

AB266,13,18 48.977 (1) Definition. In this section, "relative" means a relative as defined in s. 48.02 (15) or as a person specified in s. 49.19 (1) (a) 2. a 48.57 (3m) (a).

AB266, s. 27 Section 27. 48.977 (3) of the statutes is amended to read:

AB266,13,23 48.977 (3) Designation as a permanent placement. If a court appoints a guardian for a child under sub. (2), the court may designate the child's placement with that guardian as the child's permanent foster placement, but only for purposes of s. 48.368 (2) or 938.368 (2).

AB266, s. 28 Section 28. 252.15 (5) (a) 19. of the statutes is amended to read:

AB266,14,18 252.15 (5) (a) 19. If the test was administered to a child who has been placed in a foster home, treatment foster home, group home or , child caring institution or secured correctional facility, as defined in s. 938.02 (15m), including a placement under s. 48.205, 48.21, 938.205 or 938.21 or for whom placement in a foster home, treatment foster home, group home or, child caring institution or secured correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c) or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c) or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c) or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4), 48.831 (4) (e), 938.355 (2e) or 938.38 regarding the child or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or treatment foster parent or the operator of the group home or, child caring institution or secured correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.

AB266, s. 29 Section 29. 767.53 (1) (c) (intro.) of the statutes is amended to read:

AB266,14,21 767.53 (1) (c) (intro.) If the child is the subject of a proceeding under ch. 48 or 938, all of the following:

AB266, s. 30 Section 30. 767.53 (1) (c) 2. of the statutes is amended to read:

AB266,14,24 767.53 (1) (c) 2. The parties to the proceeding under ch. 48 or 938 and their attorneys.

AB266, s. 31 Section 31. 767.53 (1) (c) 3. of the statutes is amended to read:

AB266,15,2 767.53 (1) (c) 3. The person under s. 48.09 or 938.09 who represents the interests of the public in the proceeding under ch. 48 or 938.

AB266, s. 32 Section 32. 767.53 (1) (c) 5. of the statutes is amended to read:

AB266,15,5 767.53 (1) (c) 5. Any governmental or social agency involved in the proceeding under ch. 48 or 938.

AB266, s. 33 Section 33. 938.067 (6) of the statutes is amended to read:

AB266,15,10 938.067 (6) Receive referral information, conduct intake inquiries, make recommendations as to whether request that a petition should be filed, and enter into deferred prosecution agreements under policies promulgated under s. 938.06 (1) or (2).

AB266, s. 34 Section 34. 938.10 of the statutes is amended to read:

AB266,15,16 938.10 Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but if a recommendation request to file a petition is made, a citation is issued or a deferred prosecution agreement is entered into, the judge shall be disqualified from participating further in the proceedings.

AB266, s. 35 Section 35. 938.245 (4) of the statutes is amended to read:

AB266,16,2 938.245 (4) The intake worker shall inform the juvenile and the juvenile's parent, guardian and legal custodian in writing of their right to terminate or, if the juvenile is subject to a deferred prosecution agreement under sub. (2) (a) 9., to request the court to terminate the deferred prosecution agreement at any time or to object at any time to the fact or terms of the deferred prosecution agreement. If an objection arises the intake worker may alter the terms of the agreement or recommend to request the district attorney or corporation counsel that to file a petition be filed. If the deferred prosecution agreement is terminated the intake worker may recommend to request the district attorney or corporation counsel that to file a petition be filed.

AB266, s. 36 Section 36. 938.245 (7) (a) of the statutes is amended to read:

AB266,16,16 938.245 (7) (a) If at any time during the period of a deferred prosecution agreement the intake worker determines that the obligations imposed under it are not being met, the intake worker may cancel the deferred prosecution agreement. Within 10 days after the cancellation of the deferred prosecution agreement, the intake worker shall notify the district attorney, corporation counsel or other official under s. 938.09 of the cancellation and recommend whether or not request that a petition should be filed. In delinquency cases, the district attorney may initiate a petition within 20 days after the date of the notice regardless of whether the intake worker has recommended requested that a petition be filed. The judge shall grant appropriate relief as provided in s. 938.315 (3) with respect to any petition which is not filed within the time limit specified in this subsection. Failure to object if a petition is not filed within the time limit specified in this subsection waives that time limit.

AB266, s. 37 Section 37. 938.245 (7) (b) of the statutes is amended to read:

AB266,17,6 938.245 (7) (b) In addition to the action taken under par. (a), if the intake worker cancels a deferred prosecution agreement based on a determination that the juvenile's parent, guardian or legal custodian is not meeting the obligations imposed under the agreement, the intake worker shall recommend to request the district attorney, corporation counsel or other official under s. 938.09 whether or not to file a petition should be filed requesting the court to order the juvenile's parent, guardian or legal custodian to show good cause for not meeting the obligations imposed under the agreement. If the district attorney, corporation counsel or other official under s. 938.09 files a petition under this paragraph and if the court finds prosecutive merit for the petition, the court shall grant an order directing the parent, guardian or legal custodian to show good cause, at a time and place fixed by the court, for not meeting the obligations imposed under the agreement. If the parent, guardian or legal custodian does not show good cause for not meeting the obligations imposed under the agreement, the court may impose a forfeiture not to exceed $1,000.

AB266, s. 38 Section 38. 938.27 (5) of the statutes is amended to read:

AB266,17,12 938.27 (5) The Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of interest under s. 48.025 and any person who has been adjudged to be the biological father of the juvenile in a judicial proceeding unless the biological father's rights have been terminated.

AB266, s. 39 Section 39. 938.357 (1) of the statutes is amended to read: