AB822: Bill Text

LRB-4412/1

GMM:kjf:jf

2009 - 2010 LEGISLATURE

2009 Assembly BILL 822

March 9, 2010 - Introduced by Joint Legislative Council. Referred to Committee on Corrections and the Courts.

AB822,1,6 An Act to renumber and amend 48.355 (4); to amend 48.185 (2), 48.364 (1) (b), 48.619, 938.185 (2), 938.355 (4) (a) and 938.366 (1) (b); to repeal and recreate 48.355 (4) (a), 48.619 and 938.355 (4) (a); and to create 48.355 (4) (bm), 48.364, 808.075 (4) (a) 7m., 808.075 (4) (fn) 7m., 938.355 (4) (bm) and 938.366 of the statutes; relating to: extended juvenile court jurisdiction for certain foster youth under the age of 21 years.

Analysis by the Legislative Reference Bureau

This bill is explained in the Notes provided by the Joint Legislative Council in the bill.

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

Joint Legislative Council prefatory note: This bill was prepared for the Special Committee on Strengthening Wisconsin Families.

The bill permits certain foster youth who are in foster care when they reach the age of 18 years to request an agency to petition the court assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice Code (juvenile court) to extend juvenile court jurisdiction until the foster youth reaches 21 years of age.

AB822, s. 1 Section 1. 48.185 (2) of the statutes is amended to read:

AB822,2,13 48.185 (2) In an action under s. 48.41, venue shall be in the county where the birth parent or child resides at the time that the petition is filed. Venue for any proceeding under s. 48.363, 48.365 or 48.977, or any proceeding under subch. VIII when the child has been placed outside the home pursuant to a dispositional order under s. 48.345 or 48.347, shall be in the county where the dispositional order was issued, unless the child's county of residence has changed, or the parent of the child or the expectant mother of the unborn child has resided in a different county of this state for 6 months. Venue for any proceeding under s. 48.364 shall be in the county where the dispositional order was issued, unless the foster youth's county of residence has changed. In either case, the court may, upon a motion and for good cause shown, transfer the case, along with all appropriate records, to the county of residence of the child, foster youth, parent or expectant mother.

AB822, s. 2 Section 2. 48.355 (4) of the statutes is renumbered 48.355 (4) (a) and amended to read:

AB822,3,4 48.355 (4) (a) Except as provided under s. 48.368, an order under this section or s. 48.357 or 48.365 made before the child reaches 18 years of age that places or continues the placement of the child in his or her home shall terminate at the end of one year after its entry unless the judge specifies a shorter period of time or the judge terminates the order sooner. Except as provided under par. (bm) and s. 48.368, an order under this section or s. 48.357 or 48.365 made before the child reaches 18 years of age that places or continues the placement of the child in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall terminate when the child reaches 18 years of age, at the end of one year after its entry, or, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, when the child reaches 19 years of age, whichever is later, unless the judge specifies a shorter period of time or the judge terminates the order sooner.

AB822,3,8 (c) An order under this section or s. 48.357 or 48.365 relating to an unborn child in need of protection or services that is made before the unborn child is born shall terminate at the end of one year after its entry unless the judge specifies a shorter period of time or the judge terminates the order sooner.

AB822, s. 3 Section 3. 48.355 (4) (a) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB822,3,24 48.355 (4) (a) Except as provided under s. 48.368, an order under this section or s. 48.357 or 48.365 made before the child reaches 18 years of age that places or continues the placement of the child in his or her home shall terminate at the end of one year after its entry unless the judge specifies a shorter period of time or the judge terminates the order sooner. Except as provided under par. (bm) and s. 48.368, an order under this section or s. 48.357 or 48.365 made before the child reaches 18 years of age that places or continues the placement of the child in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall terminate when the child reaches 18 years of age, at the end of one year after its entry, or, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, when the child reaches 19 years of age, whichever is later, unless the judge specifies a shorter period of time or the judge terminates the order sooner.

AB822, s. 4 Section 4. 48.355 (4) (bm) of the statutes is created to read:

AB822,4,3 48.355 (4) (bm) An order under s. 48.364 (3) shall terminate when the foster youth reaches 21 years of age unless the court terminates the order sooner as provided in s. 48.364 (4).

Note: Provides that an order for extended court jurisdiction for foster youth terminates when the foster youth reaches 21 years of age unless the judge terminates the order sooner.

AB822, s. 5 Section 5. 48.364 of the statutes is created to read:

AB822,4,6 48.364 Extending court jurisdiction for foster youth. (1) In this section, "foster youth" means a person who meets all of the following qualifications:

AB822,4,7 (a) Is a resident of this state and is under 21 years of age.

AB822,4,11 (b) Reached the age of 18 years while placed in a foster home, treatment foster home, group home, residential care center for children and youth, or permanent foster placement or in the home of a relative other than a parent under a court order under s. 48.355 or 48.977.

AB822,5,2 (2) By no later than 6 months after the termination of his or her dispositional order under s. 48.355 (4), a foster youth who wishes to have that order extended under this section may submit a request for extended court jurisdiction for foster youth to the agency that was primarily responsible for providing services to the foster youth under the dispositional order. A child who is reasonably expected to be a foster youth on termination of his or her dispositional order under s. 48.355 (4) may also submit a request for extended court jurisdiction for foster youth not more than 6 months prior to the termination of the dispositional order. On receipt of a request for extended court jurisdiction for foster youth, the agency shall determine whether the foster youth or child may be eligible for extended court jurisdiction under sub. (3). If the agency determines that the foster youth or child may be eligible for extended court jurisdiction under sub. (3), the agency shall petition the court to extend jurisdiction for the foster youth or child.

AB822,5,4 (3) The court may order extended court jurisdiction for a foster youth or child if he or she meets any of the following conditions:

AB822,5,6 (a) Is completing a secondary education program or any other program leading to a high school diploma or its equivalent.

AB822,5,8 (b) Is enrolled in an institution that provides postsecondary or vocational education.

AB822,5,10 (c) Is participating in a program or activity designed to promote, or remove barriers to, employment.

AB822,5,11 (d) Is employed for at least 80 hours per month.

AB822,5,14 (e) Is incapable of meeting any of the conditions specified in pars. (a) to (d) due to a medical condition and the incapability is supported by regularly updated information in the case plan of the foster youth or child.

AB822,5,17 (4) The agency primarily responsible for providing services to a foster youth under an order under this section shall notify the court if the agency has reason to believe that the foster youth no longer meets any of the conditions under sub. (3).

AB822,5,20 (5) An order under this section shall terminate on the date on which the foster youth reaches 21 years of age unless the court terminates the order sooner. The court may terminate an order if the court finds any of the following:

AB822,5,21 (a) That the foster youth no longer meets any of the conditions under sub. (3).

AB822,5,22 (b) That all of the following conditions are met:

AB822,6,3 1. The foster youth's needs and goals for a successful transition to independent living, including needs and goals relating to housing, physical and mental health, education, employment, community connections, and supportive relationships, have been addressed by the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under the order.

AB822,6,7 2. The county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under the order has provided appropriate services pursuant to the foster youth's case plan and permanency plan.

AB822,6,11 3. The county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under the order has involved the foster youth in the development of the case plan and in the provision of appropriate services.

AB822,6,13 4. The foster youth has safe and stable housing and is unlikely to become homeless as a result of termination of the order.

Note: Creates extended juvenile court jurisdiction for foster youth. The bill defines a foster youth as a person who is a resident of this state, is under 21 years of age, and reached the age of 18 while placed in a foster home or other out-of-home placement under a juvenile court order.

Under the bill, a foster youth may submit a request for extended juvenile court jurisdiction to the agency primarily responsible for providing services under the foster youth's dispositional order. If the agency determines that the foster youth may be eligible for extended court jurisdiction, the agency must petition the juvenile court to extend jurisdiction. The juvenile court may extend jurisdiction if the juvenile court finds that one of several conditions are met, such as that the youth is completing secondary education, is enrolled in a postsecondary institution, or is employed for at least 80 hours per month. The order for extended juvenile court jurisdiction terminates when the foster youth reaches 21 years of age or when the juvenile court finds that specified conditions are met.

AB822, s. 6 Section 6. 48.364 (1) (b) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB822,7,2 48.364 (1) (b) Reached the age of 18 years while placed in a foster home, treatment foster home, group home, residential care center for children and youth, or permanent foster placement or in the home of a relative other than a parent under a court order under s. 48.355 or 48.977.

AB822, s. 7 Section 7. 48.619 of the statutes is amended to read:

AB822,7,14 48.619 Definition. In this subchapter, "child" means a person under 18 years of age and also includes, for or a foster youth under extended court jurisdiction for foster youth under s. 48.364 or 938.366 who resides in a foster home, treatment foster home, or group home. For purposes of counting the number of children for whom a foster home, treatment foster home, or group home may provide care and maintenance, "child" also includes a person 18 years of age or over, but under 19 years of age, who is a full-time student at a secondary school or its vocational or technical equivalent, who is reasonably expected to complete the program before reaching 19 years of age, who was residing in the foster home, treatment foster home, or group home immediately prior to his or her 18th birthday, and who continues to reside in that foster home, treatment foster home, or group home.

Note: Provides that, for purposes of current law relating to foster care, "child" includes a foster youth.

AB822, s. 8 Section 8. 48.619 of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB822,8,3 48.619 Definition. In this subchapter, "child" means a person under 18 years of age or a foster youth under extended court jurisdiction for foster youth under s. 48.364 or 938.366 who resides in a foster home or group home. For purposes of counting the number of children for whom a foster home or group home may provide care and maintenance, "child" also includes a person 18 years of age or over, but under 19 years of age, who is a full-time student at a secondary school or its vocational or technical equivalent, who is reasonably expected to complete the program before reaching 19 years of age, who was residing in the foster home or group home immediately prior to his or her 18th birthday, and who continues to reside in that foster home or group home.