LRB-2073/1
EHS:wlj&cjs:jf
2015 - 2016 LEGISLATURE
May 1, 2015 - Introduced by Senators Petrowski, Harris Dodd, Moulton,
Olsen
and Ringhand, cosponsored by Representatives Loudenbeck, Rodriguez,
Ballweg, Billings, E. Brooks, Doyle, Edming, Jagler, Johnson, Kahl,
Kitchens, Kleefisch, Kolste, Krug, Murphy, Ohnstad, A. Ott, Quinn,
Subeck and Zamarripa. Referred to Committee on Judiciary and Public Safety.
SB141,1,4
1An Act to amend 48.02 (15), 48.21 (5) (e) 1., 938.02 (15) and 938.21 (5) (e) 1. of
2the statutes;
relating to: the notification of relatives when a child is removed
3from the custody of the child's parent and placement of a child with a parent of
4a sibling of the child who has custody of the sibling.
Analysis by the Legislative Reference Bureau
Under the Children's Code and the Juvenile Justice Code, a child may be placed
with a relative when the child is taken into temporary custody, as a disposition, or
as a permanent placement. In addition, in a dispositional order for a child in need
of protection or services (CHIPS) proceeding, if there is no less drastic alternative for
a child than transferring custody from the parent, the court assigned to exercise
jurisdiction under the Children's Code (juvenile court) must consider transferring
custody to a relative whenever possible. The agency preparing a permanency plan
for a child must also include in the plan a statement as to the availability of a safe
and appropriate placement with a fit and willing relative of the child and, if a
decision is made not to place the child with an available relative, a statement as to
why placement with the relative is not safe or appropriate. Finally, before the
Department of Children and Families (DCF), a county department of human services
or social services (county department), or a child welfare agency may place a child
for adoption, that agency must consider the availability of an adoptive placement
with a relative of the child who is identified in the permanency plan or otherwise
known by that agency. This bill adds to the relatives with whom a child may be placed
under these circumstances a parent of a sibling of the child who has legal custody of
that sibling.
Under current law, when a child is removed from the custody of the child's
parent, the juvenile court must order DCF, the county department, or the agency
primarily responsible for providing services to the child under the custody order to
attempt to locate certain adult relatives of the child and provide them with certain
information related to the removal within 30 days after the removal. That
information includes notice that the child has been removed from the custody of the
child's parents and an explanation of the options that the adult relative has to
participate in the care and placement of the child. This bill adds to the adult relatives
to whom such notice must be provided a parent of a sibling of the child who has legal
custody of that sibling.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB141,1
1Section
1. 48.02 (15) of the statutes is amended to read:
SB141,2,122
48.02
(15) "Relative" means a parent, stepparent, brother, sister, stepbrother,
3stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd
4cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding
5generation as denoted by the prefix of grand, great, or great-great, whether by blood,
6marriage, or legal adoption, or the spouse of any person named in this subsection,
7even if the marriage is terminated by death or divorce. For purposes of the
8application of s. 48.028 and the federal Indian Child Welfare Act,
25 USC 1901 to
91963, "relative" includes an extended family member, as defined in s. 48.028 (2) (am),
10whether by blood, marriage, or adoption, including adoption under tribal law or
11custom.
For purposes of placement of a child, "relative" also includes a parent of a
12sibling of the child who has legal custody of that sibling.
SB141,2
13Section
2. 48.21 (5) (e) 1. of the statutes is amended to read:
SB141,3,214
48.21
(5) (e) 1. In this paragraph, "adult relative" means a grandparent,
15great-grandparent, aunt, uncle, brother, sister, half brother, or half sister of a child
1or a parent of a sibling of the child who has legal custody of that sibling, whether by
2blood, marriage, or legal adoption, who has attained 18 years of age.
SB141,3
3Section
3. 938.02 (15) of the statutes is amended to read:
SB141,3,144
938.02
(15) "Relative" means a parent, stepparent, brother, sister, stepbrother,
5stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd
6cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding
7generation as denoted by the prefix of grand, great, or great-great, whether by blood,
8marriage, or legal adoption, or the spouse of any person named in this subsection,
9even if the marriage is terminated by death or divorce. For purposes of the
10application of s. 938.028 and the federal Indian Child Welfare Act,
25 USC 1901 to
111963, "relative" includes an extended family member, as defined in s. 938.028 (2) (a),
12whether by blood, marriage, or adoption, including adoption under tribal law or
13custom.
For purposes of placement of a juvenile, "relative" also includes a parent of
14a sibling of the juvenile who has legal custody of that sibling.
SB141,4
15Section
4. 938.21 (5) (e) 1. of the statutes is amended to read:
SB141,3,1916
938.21
(5) (e) 1. In this paragraph, "adult relative" means a grandparent,
17great-grandparent, aunt, uncle, brother, sister, half brother, or half sister of a
18juvenile
or a parent of a sibling of the juvenile who has legal custody of that sibling,
19whether by blood, marriage, or legal adoption, who has attained 18 years of age.
SB141,5
20Section
5.
Initial applicability.
SB141,3,2321
(1)
Temporary physical custody orders. The treatment of sections 48.21 (5)
22(e) 1. and 938.21 (5) (e) 1. of the statutes first applies to a temporary physical custody
23order entered on the effective date of this subsection.
SB141,4,3
1(2)
Placements of children. The treatment of sections 48.02 (15) and 938.02
2(15) of the statutes first applies to a placement of a child made on the effective date
3of this subsection.
