AB705: Bill Text

LRB-4096/2

GMM:kjf:jf

2009 - 2010 LEGISLATURE

2009 Assembly BILL 705

February 5, 2010 - Introduced by Representatives Seidel, Berceau, Grigsby, Sinicki and Zepnick, cosponsored by Senators Jauch, Holperin, Miller, Lehman and Lassa. Referred to Committee on Children and Families.

AB705,1,4 An Act to amend 48.60 (4) (b), 48.63 (3) (b) 3., 48.837 (1m), 48.837 (1r) (c), 48.913 (2) (a), 48.98 (4) (a), 632.896 (1) (c) 3., 938.988, 938.999 (1) (b) 13. and 938.999 (3) (c); and to create 14.94, 20.437 (1) (d), 48.9895 and 48.99 of the statutes; relating to: the Interstate Compact for the Placement of Children.

Analysis by the Legislative Reference Bureau

Under current law, the Interstate Compact on the Placement of Children provides procedures for sending a child from this state to another state, placing a child from this state in an institution in another state, bringing a child from another state into this state, and placing a child from another state in an institution in this state.

The bill also creates a new Interstate Compact for the Placement of Children that becomes effective when 35 states enact the compact. The compact applies to the interstate placement of a child who is subject to ongoing court jurisdiction in a sending state due to allegations or findings that the child has been abused, neglected, or deprived and to the interstate placement of a child as a preliminary step to a possible adoption. The compact also applies to the interstate placement of a child who has been adjudicated delinquent or unmanageable and who is subject to the ongoing court jurisdiction of a sending state if the placement of the child is not covered under another interstate compact such as the Interstate Compact for Juveniles or an assessment of the placement is not provided through another compact.

The compact, however, does not apply to: 1) the interstate placement of a child in a custody proceeding in which a public child placing agency is not a party so long as the placement is not for adoption; 2) the interstate placement of a child by his or her parent so long as the placement is not for adoption; 3) the interstate placement of a child with a relative by a relative who has the authority to make such a placement; or 4) the placement of a child with a noncustodial parent if the court in the sending state finds that the noncustodial parent has a substantial relationship with the child, finds that the placement is in the best interests of the child, and, for a placement in a proceeding in which a public child placing agency is a party, dismisses its jurisdiction over the proceeding. The compact also does not apply to: 1) a child who is entering or leaving the United States for purposes of adoption; 2) cases in which a child living overseas with his or her family, at least one member of which is in the U.S. armed services, is removed and placed in a state; and 3) the sending of a child to another state for a visit.

Under the compact:

1. Subject to certain exceptions for adoptions and for interstate placements in custody proceedings in which a public child placing agency is not a party, the sending state retains jurisdiction over a child with respect to all matters of custody and disposition over which the sending state would have had jurisdiction if the child had remained in the sending state, including the power to order the return of the child.

2. Before a child is sent to a receiving state, the child placing agency of the sending state must request, and a public child placing agency in the receiving state must complete, an assessment of the proposed placement to determine the safety and suitability of the placement.

3. A child may not be placed in a receiving state until a public child placing agency in the receiving state approves the placement, unless a determination not to approve the placement is overturned on administrative or judicial review under the laws of the receiving state.

4. For the interstate placement of a child made by a public child placing agency or state court, the public child placing agency in the sending state is financially responsible for ongoing maintenance payments for the child during the period of the placement and for services for the child beyond the public services for which the child is eligible in the receiving state, and the receiving state is financially responsible for any assessment conducted by the receiving state and for supervision conducted by the receiving state at the level necessary to support the placement as agreed upon by the sending and receiving states.

5. For the placement of a child by a private child placing agency for adoption, the private child placing agency is legally responsible for the child until finalization of the adoption and financially responsible for the child absent a contractual agreement to the contrary.

The bill also creates an Interstate Commission for the Placement of Children (interstate commission) composed of a commissioner from each of the member states appointed by the executive head of the state human services administration with ultimate responsibility for the state's child welfare program. Each member state has one vote on the interstate commission. Under the bill, the interstate commission has various powers, including the power to do all of the following:

1. Promulgate rules to achieve the purposes of the compact. Rules promulgated by the interstate commission are binding in the compacting states to the extent and in the manner provided for in the compact. A majority of the legislatures of the member states may reject a rule. If that is done, the rule has no effect in any of the member states.

2. Provide for dispute resolution among member states and between member states and nonmember states.

3. Levy assessments on member states to cover the costs of the interstate commission's operations and activities.

4. Enforce compliance with the compact or the bylaws or rules of the interstate commission. If a member state defaults in the performance of any of the state's obligations under the compact, the interstate commission may provide remedial training and technical assistance, specify conditions by which the defaulting state must cure its default, enforce compliance with the compact by bringing legal action in federal court against the defaulting state, or avail itself of any other remedies available under state law or the regulation of official or professional conduct.

5. Report annually to the compacting states concerning the activities of the interstate commission during the preceding year.

6. Perform such functions as may be necessary to achieve the purposes of the compact.

A state may withdraw from the compact by repealing the statute that enacted the compact into law in that state. A withdrawal takes effect on the effective date of the repeal of that statute.

Finally, all lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission and agreements between the interstate commission and the member states, are binding on the member states, except that, if a provision of the compact exceeds a constitutional limit imposed on the legislature of a member state, that provision is ineffective in that member state to the extent of the conflict.

For further information see the state 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:

AB705, s. 1 Section 1. 14.94 of the statutes is created to read:

AB705,4,5 14.94 Interstate Commission for the Placement of Children. There is created an Interstate Commission for the Placement of Children as specified in s. 48.99 (8). The member of the commission representing this state shall be the person appointed under s. 48.99 (8) (b) 1. The commission member shall serve without compensation but shall be reimbursed from the appropriation account under s. 20.437 (1) (a) for actual and necessary expenses incurred in the performance of the commission member's duties. The commission shall have the powers, duties, and responsibilities set forth in s. 48.99.

AB705, s. 2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB705, s. 3 Section 3. 20.437 (1) (d) of the statutes is created to read:

AB705,4,11 20.437 (1) (d) Interstate Compact for the Placement of Children assessments. The amounts in the schedule to pay assessments levied by the interstate commission for the placement of children under s. 48.99 (13) (b).

AB705, s. 4 Section 4. 48.60 (4) (b) of the statutes is amended to read:

AB705,4,18 48.60 (4) (b) Notwithstanding ss. 121.78 (3) (a) and 121.79 (1) (a), a child welfare agency shall pay for the costs incurred by a school district in providing special education and related services to a child with a disability who has been placed with the child welfare agency under the interstate compact on the placement of children Interstate Compact on the Placement of Children under s. 48.988 or the Interstate Compact for the Placement of Children under s. 48.99.

AB705, s. 5 Section 5. 48.63 (3) (b) 3. of the statutes is amended to read:

AB705,5,10 48.63 (3) (b) 3. The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child under subd. 1. in the home of a proposed adoptive parent or parents who reside outside this state if the placement is made in compliance with s. 48.98 or , 48.988, or 48.99, whichever is applicable, if the home meets the criteria established by the laws of the state where the proposed adoptive parent or parents reside for a preadoptive placement of a child in the home of a nonrelative, and if an appropriate agency in that state has completed an investigation of the home and filed a report and recommendation concerning the home with the department, county department, or licensed child welfare agency.

AB705, s. 6 Section 6. 48.837 (1m) of the statutes is amended to read:

AB705,5,18 48.837 (1m) Out-of-state adoptive placement. Subject to ss. 48.98 and, 48.988, and 48.99, when the proposed adoptive parent or parents of a child reside outside this state and are not relatives of the child, a parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement of the child for adoption in the home of the proposed adoptive parent or parents, if the home meets the criteria established by the laws of the other state for a preadoptive placement of a child in the home of a nonrelative.

AB705, s. 7 Section 7. 48.837 (1r) (c) of the statutes is amended to read:

AB705,6,3 48.837 (1r) (c) The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child under par. (a) in the home of a proposed adoptive parent or parents who reside outside this state if the placement is made in compliance with s. 48.98 or , 48.988, or 48.99, whichever is applicable, if the home meets the criteria established by the laws of the state where the proposed adoptive parent or parents reside for a preadoptive placement of a child in the home of a nonrelative, and if an appropriate agency in that state has completed an investigation of the home and filed a report and recommendation concerning the home with the department, county department, or licensed child welfare agency.

AB705, s. 8 Section 8. 48.913 (2) (a) of the statutes is amended to read:

AB705,6,6 48.913 (2) (a) The child was placed for adoption in this state in accordance with s. 48.988 or 48.99.

AB705, s. 9 Section 9. 48.98 (4) (a) of the statutes is amended to read:

AB705,6,9 48.98 (4) (a) This section applies only to interstate placements of children which that are not governed by s. 48.988 or 48.99.

AB705, s. 10 Section 10. 48.9895 of the statutes is created to read:

AB705,6,17 48.9895 Withdrawal from Interstate Compact on the Placement of Children. Sections 48.988 and 48.989 do not apply to a child from this state who is sent, brought, or caused to be sent or brought into another state under s. 48.988 (3) or who is placed in an institution in another state under s. 48.988 (6), or to a child from another state who is sent, brought, or caused to be sent or brought into this state under s. 48.988 (3) or who is placed in an institution in this state under s. 48.988 (6), if all of the following have occurred:

AB705,6,19 (1) The Interstate Compact for the Placement of Children under s. 48.99 is in effect as provided in s. 48.99 (14) (b).

AB705,6,21 (2) Both this state and the other state are parties to the Interstate Compact for the Placement of Children under s. 48.99.

AB705,6,23 (3) Both this state and the other state have withdrawn from the Interstate Compact on the Placement of Children as provided in s. 48.988 (9).

AB705, s. 11 Section 11. 48.99 of the statutes is created to read: