1995 Wisconsin Act 275

275,45 Section 45 . 48.299 (1) (ar) of the statutes is created to read:

48.299 (1) (ar) All hearings under s. 48.375 (7) shall be held in chambers, unless a public fact-finding hearing is demanded by the child through her counsel. In a proceeding under s. 48.375 (7), the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) may be present if requested by a party and approved by the court.

Note: Expands, and further divides into new paragraphs, current s. 48.299 (1) (a), stats., to specify that, except in a proceeding under s. 48.375 (7), stats., [hearing on parental consent for abortion], if a public hearing is not held in a proceeding under the children's code, a child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), stats., may be present at the hearing, except that the juvenile court may exclude a foster parent, treatment foster parent or other physical custodian from any portion of the hearing if that portion of the hearing deals with sensitive personal information of the child or the child's family or if the juvenile court determines that the exclusion would be in the best interests of the child. In a proceeding under s. 48.375, stats., the bill provides that the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), stats., may not be present unless requested by a party and approved by the juvenile court. Current law permits to be present only the parties to the proceeding, their counsel, witnesses, other persons requested by a party and approved by the juvenile court and, in cases not involving a proceeding under s. 48.375, stats., other persons whom the juvenile court finds to have a proper interest in the case or the work of the juvenile court.

The change in renumbered and amended s. 48.299 (1) (ag), stats., relating to “only the parties and their counsel" is to clarify that the phrase “their counsel" applies only to the parties and not to the child's foster or treatment foster parent or other physical custodian described in s. 48.62 (2), stats.

275,46 Section 46 . 48.299 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.299 (4) (a) Chapters 901 to 911 shall govern the presentation of evidence at the fact-finding hearings under ss. 48.31 and, 48.42 and 48.977 (4) (d).

Note: Provides that the general rules of evidence in chs. 901 to 911, stats., apply to a fact-finding hearing for a guardianship proceeding under s. 48.977, stats., as created by this bill.

275,47 Section 47 . 48.299 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.299 (4) (b) Except as provided in s. 901.05, neither common law nor statutory rules of evidence are binding at a hearing for a child held in custody under s. 48.21, a runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing about changes in placement, revision of dispositional orders or, extension of dispositional orders or termination of guardianship orders entered under s. 48.977 (4) (h) 2. or (6). At those hearings, the court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The court shall give effect to the rules of privilege recognized by law. The court shall apply the basic principles of relevancy, materiality and probative value to proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

Note: Provides that the more relaxed rules of evidence in s. 48.299 (4) (b), stats., apply to hearings relating to termination of the guardianship orders created in this bill. Under the current provisions of s. 48.299 (4) (b), stats., the rules of evidence in s. 48.299 (4) (b), stats., also apply to dispositional hearings involving the guardianship proceedings created in this bill and to hearings related to revision of dispositional orders appointing a guardian under the provisions of this bill.

275,48 Section 48 . 48.299 (6) of the statutes is renumbered 48.299 (6) (intro.) and amended to read:

48.299 (6) (intro.) If a man who has been given notice under s. 48.27 (3) (b) 1. appears at any hearing for which he received the notice, alleges that he is the father of the child and states that he wishes to establish the paternity of the child, the all of the following apply:

(a) The court shall refer the matter to the state or to the attorney responsible for support enforcement under s. 59.458 (1) for a determination, under s. 767.45, of whether an action should be brought for the purpose of determining the paternity of the child.

(d) The court may stay the proceedings under this chapter pending the outcome of the paternity proceedings under ss. 767.45 to 767.60 if the court determines that the paternity proceedings will not unduly delay the proceedings under this chapter and the determination of paternity is necessary to the court's disposition of the child if the child is found to be in need of protection or services. As part of the proceedings under this chapter, the court may order that a record be made of any testimony of the child's mother relating to the child's paternity. A record made under this subsection is admissible in a proceeding to determine the child's paternity under ss. 767.45 to 767.60.

275,49 Section 49 . 48.299 (6) (b), (c) and (e) of the statutes are created to read:

48.299 (6) (b) The state or the attorney responsible for support enforcement who receives a referral under par. (a) shall perform the duties specified under s. 767.45 (5) (c) and (6r).

(c) The court having jurisdiction over actions affecting the family shall give priority under 767.475 (7m) to an action brought under s. 767.45 whenever the petition filed under s. 767.45 indicates that the matter was referred by the court under par. (a).

(e) 1. In this paragraph, “genetic test" means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability that a man who is alleged to be a child's father is the child's biological father.

2. The court shall, at the hearing, orally inform any man specified in sub. (6) (intro.) that he may be required to pay for any testing ordered by the court under this paragraph or under s. 885.23.

  3. In addition to ordering testing as provided under s. 885.23, if the court determines that it would be in the best interests of the child, the court may order any man specified in sub. (6) (intro.) to submit to one or more genetic tests which shall be performed by an expert qualified as an examiner of genetic markers present on the cells and of the specific body material to be used for the tests, as appointed by the court. A report completed and certified by the court-appointed expert stating genetic test results and the statistical probability that the man alleged to be the child's father is the child's biological father based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at any hearing. The court, upon request by a party, may order that independent tests be performed by other experts qualified as examiners of genetic markers present on the cells of the specific body materials to be used for the tests.

  4. If the genetic tests show that an alleged father is not excluded and that the statistical probability that the alleged father is the child's biological father is 99.0% or higher, the court may determine that for purposes of a proceeding under this chapter, other than a proceeding under subch. VIII, the man is the child's biological parent.

  5. A determination by the court under subd. 4. is not a judgment of paternity under ch. 767 or an adjudication of paternity under subch. VIII.

Note: In cases in which a man who has been given notice of a hearing in a CHIPS proceeding appears at a hearing for which he received notice, alleges that he is the father of the child and states that he wishes to have the paternity of the child established, current law requires the juvenile court to refer the matter to the state or the IV-D attorney to determine if a paternity action should be brought in family court under ch. 767, stats., to determine the paternity of the child. Current law also provides that if the juvenile court determines that the paternity proceedings will not unduly delay the CHIPS proceedings and that determination of paternity is necessary to the CHIPS disposition if the child is adjudicated CHIPS, the juvenile court may stay the CHIPS proceedings pending the outcome of the paternity proceedings under ch. 767, stats. Current s. 885.23, stats., provides that, whenever it is relevant in a civil action to determine the parentage or identity of any child, person or corpse, the court may order “any party to the action and any person involved in the controversy to submit to one or more blood tests as provided in s. 767.48".

This Section does all of the following:

1. Provides that if a matter is referred by the juvenile court under the required referral provision, then the IV-D attorney receiving the referral must: (a) give priority to such cases; (b) notify the family court when a petition is filed that the case was referred by the juvenile court under the required referral provision; and (c) as soon as possible, but no later than 30 days after the referral, provide information to the juvenile court as required in s. 767.45 (5) (c), stats., as created by this bill.

2. Requires the family court to give such cases priority.

3. Provides that, in addition to a court's authority under s. 885.23, stats., to order blood tests of certain individuals, in cases in which a man appears at a CHIPS hearing for which he received notice, alleges that he is the father of the child and states that he wishes to establish the paternity of the child, the juvenile court must orally inform the man at the hearing that he may be required to pay for any genetic testing ordered by the court; and if it would be in the best interests of the child to do so, the juvenile court may: (a) order the man to submit to genetic testing to determine the probability that the man is the child's biological father; and (b) if the genetic testing shows that the statistical probability is 99.0% or higher that the man is the child's biological father, determine that for purposes of a proceeding under ch. 48, stats., other than a proceeding under subch. VIII [termination of parental rights], the man is the child's biological parent.

4. Provides that such a determination by the juvenile court is not a judgment of paternity under ch. 767, stats., or an adjudication of paternity under subch. VIII of the children's code.

275,50 Section 50 . 48.299 (7) of the statutes is created to read:

48.299 (7) If a man who has been given notice under s. 48.27 (3) (b) 1. appears at any hearing for which he received the notice but does not allege that he is the father of the child and state that he wishes to establish the paternity of the child or if no man to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s. 59.458 (1) for a determination, under s. 767.45, of whether an action should be brought for the purpose of determining the paternity of the child.

Note: Provides that if a notice of a hearing in a CHIPS proceeding was given to an alleged father who does not appear at the hearing or, if an alleged father appears but does not allege that he is the father of the child and state that he wishes to have paternity established, the juvenile court may refer the matter to the state or to the IV-D attorney who may then bring a paternity action.

275,51 Section 51 . 48.299 (8) of the statutes is created to read:

48.299 (8) As part of the proceedings under this chapter, the court may order that a record be made of any testimony of the child's mother relating to the child's paternity. A record made under this subsection is admissible in a proceeding to determine the child's paternity under ss. 767.45 to 767.60.

Note: Moves this provision which is included in current s. 48.299 (6), stats., to s. 48.299 (8), stats., as created by this bill.

275,52 Section 52 . 48.31 (2) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.31 (2) The hearing shall be to the court unless the child, parent, guardian or legal custodian exercises the right to a jury trial by demanding a jury trial at any time before or during the plea hearing. If a jury trial is demanded in a proceeding under s. 48.13, the jury shall consist of 6 persons. If a jury trial is demanded in a proceeding under s. 48.42, the jury shall consist of 12 persons unless the parties agree to a lesser number. Chapters 756 and 805 shall govern the selection of jurors. If the hearing involves a child victim or witness, as defined in s. 950.02, the court may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or jury shall make a determination of the facts, except that in a case alleging a child to be in need of protection or services under s. 48.13, the court shall make the determination under s. 48.13 (intro.) relating to whether the child is in need of protection or services which can be ordered by the court. If the court finds that the child is not within the jurisdiction of the court or, in a case alleging a child to be in need of protection or services under s. 48.13, that the child is not in need of protection or services which can be ordered by the court or if the court or jury finds that the facts alleged in the petition have not been proved, the court shall dismiss the petition with prejudice.

Note: Under current law, a child who is the subject of a CHIPS petition or the child's parent, guardian or legal custodian may demand a jury trial to determine whether the allegations of the CHIPS petition are proved. This bill provides that the juvenile court, not the jury, determines whether the child needs protection or services which the juvenile court can order, leaving to the jury the task of determining whether one of the underlying grounds for jurisdiction specified in s. 48.13, such as abandonment, abuse or neglect, has been proved.

This Section also provides that if a jury trial is demanded in a CHIPS proceeding the jury shall consist of 6 persons and that if a jury trial is demanded in a TPR proceeding the jury shall consist of 12 persons unless the parties agree to a lesser number.

275,53 Section 53 . 48.31 (4) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.31 (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13 or 48.42, except that the court shall make findings of fact relating to whether the child is in need of protection or services which can be ordered by the court. In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court shall not find that the child is suffering serious emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection and or services under s. 48.13 (11m), the court shall not find that the child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages or controlled substances and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility.

275,53m Section 53m. 48.355 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.355 (1) Intent. In any order under s. 48.345 the judge shall decide on a placement and treatment finding based on evidence submitted to the judge. The disposition shall employ those means necessary to maintain and protect the child's well-being which are the least restrictive of the rights of the parent or child and which assure the care, treatment or rehabilitation of the child and the family, consistent with the protection of the public. Wherever possible Whenever appropriate, and, in cases of child abuse and neglect, when it is consistent with the child's best interest in terms of physical safety and physical health the family unit shall be preserved and there shall be a policy of transferring custody from the parent only where there is no less drastic alternative. If there is no less drastic alternative than transferring custody from the parent, the judge shall consider transferring custody to a relative whenever possible.

275,54 Section 54 . 48.356 (1) and (2) of the statutes are amended to read:

48.356 (1) Whenever the court orders a child to be placed outside his or her home or denies a parent visitation because the child has been adjudged to be in need of protection or services under s. 48.345, 48.357, 48.363 or 48.365, the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the child to be returned to the home or for the parent to be granted visitation.

(2) In addition to the notice required under sub. (1), any written order which places a child outside the home or denies visitation under sub. (1) shall notify the parent or parents of the information specified under sub. (1).

Note: Expands the duties of a court assigned to exercise jurisdiction under the children's code (juvenile court) to provide that when a juvenile court denies visitation under an order under s. 48.345, stats., (CHIPS dispositional order), 48.357, stats., (change in placement order), 48.363, stats., (revision of dispositional order) or 48.365, stats., (extension of dispositional order), the juvenile court must orally inform the parent or parents who appear in court and include in any written order denying visitation notification of the following: (1) any grounds for involuntary TPR that may be applicable; and (2) the conditions necessary for the parent to be granted visitation.

275,55 Section 55 . 48.357 (1) and (2m) of the statutes are amended to read:

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. 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 may, 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.

(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, foster 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 may, 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.

275,56 Section 56 . 48.361 (2) (a) 1. of the statutes is amended to read:

48.361 (2) (a) 1. If a child's parent neglects, refuses or is unable to provide or refuses to provide court-ordered alcohol and other drug abuse services for the child through his or her health insurance or other 3rd-party payments, notwithstanding s. 48.36 (3), the judge may order the parent to pay for the court-ordered alcohol and drug abuse services. If the parent consents to provide court-ordered alcohol and other drug abuse services for a child through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered alcohol and other drug abuse services the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other drug abuse services in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.

Note: Provides that, with respect to court-ordered alcohol and other drug abuse services for a child, a judge may order the parent to pay for such services if the child's parent neglects, refuses or is unable to provide such services through his or her health insurance or other 3rd-party payments rather than if the child's parent refuses or is unable to do so.

275,57 Section 57 . 48.362 (3) of the statutes is amended to read:

48.362 (3) If a child's parent neglects, refuses or is unable to provide or refuses to provide court-ordered special treatment or care for the child through his or her health insurance or other 3rd-party payments, notwithstanding s. 48.36 (3), the judge may order the parent to pay for the court-ordered special treatment or care. If the parent consents to provide court-ordered special treatment or care for a child through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the judge may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.

Note: Provides that, with respect to court-ordered special treatment or care for a child, a judge may order the parent to pay for such services if the child's parent neglects, refuses or is unable to provide such services through his or her health insurance or other 3rd-party payments rather than if the child's parent refuses or is unable to do so.

275,58 Section 58 . 48.363 (1) of the statutes is amended to read:

48.363 (1) A child, the child's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the parent, child, the child's parent, guardian and legal custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department under s. 46.25 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.

Note: Revises s. 48.363 (1), stats., relating to revision of a child's dispositional order that does not involve a change in placement, to require the juvenile court, if a hearing on the revision is held, to notify the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), stats., at least 3 days prior to the revision hearing. Current law requires only the child's parent, the child, the child's guardian, the child's legal custodian, all parties bound by the dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered to be so notified.

275,58m Section 58m. 48.363 (1m) of the statutes is created to read:

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.

275,59 Section 59 . 48.365 (2) of the statutes is amended to read:

48.365 (2) No order may be extended without a hearing. The court shall notify the child or the child's guardian ad litem or counsel, the child's parent, guardian, legal custodian, all the parties present at the original hearing, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered of the time and place of the hearing.

Note: Revises s. 48.365 (2), stats., relating to extension of dispositional orders, to require the juvenile court to notify the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), stats., of the time and place of the hearing. Under current law (which requires a hearing before an extension may be ordered), the juvenile court is required to provide notice of an extension hearing to the child or the child's guardian ad litem or counsel, the child's parent, guardian and legal custodian, all parties present at the original dispositional hearing and the district attorney and corporation counsel in the county in which the dispositional order was entered.

275,60 Section 60 . 48.365 (2m) (ag) of the statutes is created to read:

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.

Note: Creates s. 48.365 (2m) (ag), stats., to permit a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), stats., to make a written or oral statement during an extension hearing, or to submit a written statement prior to an extension hearing, relevant to the issue of extension of a dispositional order.

275,61 Section 61 . 48.368 of the statutes is renumbered 48.368 (1).

275,62 Section 62 . 48.368 (2) of the statutes is created to read:

48.368 (2) 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:

(a) Thirty days after the guardianship terminates under s. 48.977 (7).

(b) A court enters a change in placement order under s. 48.357.

  (c) A court order terminates such dispositional order, revision order or extension order.

(d) The child attains the age of 18 years.

275,63 Section 63 . 48.371 (intro.) (except 48.371 (title)) of the statutes is repealed.

275,64 Section 64 . 48.371 (1) and (2) of the statutes are renumbered 48.371 (1) (a) and (b) and amended to read:

48.371 (1) (a) Results of a test or a series of tests of the child to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, if the child's parent or a temporary or permanent guardian appointed by the court has consented to the test under s. 252.15 (2) (a) 4. b. and release of the test results as provided under s. 252.15 (5) (a) 19. and, including results included in a court report or permanency plan. At the time that the test results are provided, the agency directed to prepare the permanency plan notifies shall notify the foster parent , treatment foster parent or operator of the group home or child caring institution of the confidentiality requirements under s. 252.15 (6).

(b) Results of any tests of the child to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent or operator of a group home or child caring institution receiving information under this subsection paragraph shall keep the information confidential.

275,65 Section 65 . 48.371 (1) (intro.) of the statutes is created to read:

48.371 (1) (intro.) If a child is placed in a foster home, treatment foster home, group home or child caring institution, including a placement under s. 48.205 or 48.21, the agency, as defined in s. 48.38 (1) (a), that placed the child or arranged for the placement of the child shall provide the following information to the foster parent, treatment foster parent or operator of the group home or child caring institution at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

275,66 Section 66 . 48.371 (3) of the statutes is amended to read:

48.371 (3) Findings At the time of placement of a child in a foster home, treatment foster home, group home or child caring institution or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, treatment foster parent or operator of the group home or child caring institution information contained in the court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2) or 48.837 (4) (c) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or 48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any mental, emotional, cognitive, developmental or behavioral disability of the child. The foster parent, treatment foster parent or operator of a group home or child caring institution receiving information under this subsection shall keep the information confidential.

Note: Amends current law as follows:

1. By additionally providing for disclosure of the information required to be disclosed under s. 48.371, stats., regarding children placed in a treatment foster home.

2. By additionally providing for disclosure of the information required to be disclosed under s. 48.371, stats., regarding children placed in substitute care under other circumstances under ch. 48, stats., such as children placed in substitute care under a voluntary agreement under s. 48.63, stats., children in an adoptive placement in a foster home or treatment foster home, children placed in substitute care pending a termination of parental rights dispositional hearing or children held in physical custody under s. 48.205, stats., or continued in physical custody under s. 48.21, stats., rather than restricting disclosure to cases in which children have been placed in substitute care by a CHIPS dispositional order or a change in placement order.

3. By providing for disclosure of HIV test results to the foster parent, treatment foster parent or operator of the group home or CCI without the consent of the child or the child's parent or guardian.

4. By requiring the agency that placed the child or arranged for the placement of the child with the substitute care provider to provide HIV and hepatitis B test results to the substitute care provider rather than requiring the agency that prepared the child's court report or permanency plan to do so.

5. By requiring that, at the time the agency provides the HIV test results to the foster parent, treatment foster parent or operator of the group home or CCI, the agency notify the substitute care provider about the confidentiality requirements under s. 252.15 (6), stats.

6. With respect to the disclosure of HIV and hepatitis B test results, by requiring disclosure not at the time a child is placed in substitute care, or within 30 days after the date of the placement if the information was not available at the time of placement, but rather at the time of placement and, if information is subsequently received, as soon as possible, but not later than 2 working days after the agency receives such information.

7. With respect to the disclosure of information in the court report or permanency plan relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to the mental, emotional, cognitive, developmental or behavioral disability of the child, by requiring disclosure not at the time a child is placed in such substitute care, or within 30 days after the date of the placement if the information was not available at the time of placement, but rather at the time of placement or, if the information is not available at that time, as soon as possible after the court report or permanency plan has been submitted, but not later than 7 days after such date.