Amendment SA1-SB501

LRBa3836/3

GMM:sg/md/kg:km

1995 - 1996 LEGISLATURE

SENATE AMENDMENT 1, To 1995 SENATE BILL 501

March 12, 1996 - Offered by Committee on Judiciary.

SB501-SA1,1,1 At the locations indicated, amend the bill as follows:

SB501-SA1,1,4 1. Page 4, line 1: after the semicolon insert: "transferring custody of a child to a relative when there is no less drastic alternative than transferring custody from the parent; adoption of a child by a relative;".

SB501-SA1,1,5 2. Page 34, line 14: delete that line and substitute:

SB501-SA1,1,8 "(gm) Emotional damage for which the child's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to ameliorate the symptoms.".

SB501-SA1,1,10 3. Page 35, line 2: delete lines 2 to 4 and substitute: "intellectual functioning. "Emotional damage" shall be evidenced".

SB501-SA1,1,11 4. Page 35, line 9: delete lines 9 to 18.

SB501-SA1,1,12 5. Page 38, line 11: after " unable" insert: "for reasons other than poverty".

SB501-SA1,1,13 6. Page 43, line 1: delete lines 1 to 23 and substitute:

SB501-SA1,2,2 "1. Unless granted leave by the court not to do so, personally, or through a trained designee, meet with the child and, if the child is old enough to communicate, interview the child, determine the child's goals and concerns regarding his or her placement and assess the appropriateness and safety of the child's environment.

SB501-SA1,2,4 2. Make clear and specific recommendations to the court concerning the best interest of the child at every stage of the proceeding.".

SB501-SA1,2,5 7. Page 44, line 8: before that line insert:

SB501-SA1,2,7 " Section 38m. 48.24 (5) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB501-SA1,2,20 48.24 (5) The intake worker shall recommend request that a petition be filed, enter into an informal disposition or close the case within 40 days or sooner of receipt of referral information. If the case is closed or an informal disposition is entered into, the district attorney, corporation counsel or other official under s. 48.09 shall receive written notice of such action. If a law enforcement officer has made a recommendation concerning the child, the intake worker shall forward this recommendation to the district attorney, corporation counsel or other official under s. 48.09. With respect to petitioning a child to be in need of protection or services, information received more than 40 days before filing the petition may be included to establish a condition or pattern which, together with information received within the 40-day period, provides a basis for conferring jurisdiction on the court. The judge shall dismiss with prejudice any such petition which is not referred or filed within the time limits specified within this subsection.".

SB501-SA1,2,21 8. Page 45, line 5: before that line insert:

SB501-SA1,2,22 " Section 40m. 48.245 (5m) of the statutes is created to read:

SB501-SA1,3,2 48.245 (5m) An informal disposition is terminated if the district attorney or corporation counsel files a petition within 20 days after receipt of notice of the informal disposition under s. 48.24 (5). In such case statements made to the intake worker during the intake inquiry are inadmissible.".

SB501-SA1,3,3 9. Page 46, line 6: delete lines 6 to 13 and substitute:

SB501-SA1, s. 42m Section 42m. 48.27 (3) (a) 2. of the statutes is created to read:

SB501-SA1,3,14 48.27 (3) (a) 2. Failure to give notice under subd. 1. 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 action or 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 subd. 1. and if the court is required under this chapter 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 during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.".

SB501-SA1,3,15 10. Page 54, line 21: before that line insert:

SB501-SA1,3,17 " Section 53m. 48.355 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB501-SA1,4,5 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 Whenever possible, 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, there shall be a policy of transferring custody to a relative whenever possible.".

SB501-SA1,4,7 11. Page 55, line 13: after "order" insert: ", the district attorney or the corporation counsel".

SB501-SA1,4,8 12. Page 60, line 7: before that line insert:

SB501-SA1,4,9 " Section 58m. 48.363 (1m) of the statutes is created to read:

SB501-SA1,4,14 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.".

SB501-SA1,4,15 13. Page 65, line 3: before that line insert:

SB501-SA1,4,16 " Section 67m. 48.38 (4) (bm) of the statutes is created to read:

SB501-SA1,4,19 48.38 (4) (bm) The availability of a placement with a relative of the child and, if a decision is made not to place the child with an available relative, why placement with the relative is not appropriate.".

SB501-SA1,4,20 14. Page 65, line 7: before that line insert:

SB501-SA1,4,21 " Section 68m. 48.38 (5) (c) 6. am. of the statutes is created to read:

SB501-SA1,4,22 48.38 (5) (c) 6. am. Being placed in the home of a relative of the child.".

SB501-SA1,4,23 15. Page 67, line 5: delete "other than the child's other parent".

SB501-SA1,4,24 16. Page 71, line 3: delete lines 3 to 13 and substitute:

SB501-SA1,5,2 " Section 82m. 48.415 (6) (a) (intro.) and 1. of the statutes are consolidated, renumbered 48.415 (6) (a) and amended to read:

SB501-SA1,5,10 48.415 (6) (a) Failure to assume parental responsibility may, which shall be established by a showing proving that a child is a nonmarital child who has not been adopted or whose parents have not subsequently intermarried under s. 767.60, that paternity was not adjudicated prior to the filing of the petition for termination of parental rights and: 1. The the parent or the person or persons who may be the father parent of the child have been given notice under s. 48.42 but have failed to appear or otherwise submit to the jurisdiction of the court and that such person or persons have never had a substantial parental relationship with the child; or.".

SB501-SA1,5,12 17. Page 73, line 4: before the period insert: "as evidenced by a final judgment of conviction".

SB501-SA1,5,13 18. Page 73, line 10: after "by a" insert "final".

SB501-SA1,5,15 19. Page 73, line 21: before the period insert: "as evidenced by a final judgment of conviction".

SB501-SA1,5,17 20. Page 76, line 2: delete "The" and substitute: "Notwithstanding any other order under s. 48.355 (3), the".

SB501-SA1,5,18 21. Page 78, line 10: after "terminated" insert "under sub. (3)".

SB501-SA1,5,19 22. Page 78, line 14: after "terminated" insert "under sub. (3)".

SB501-SA1,5,21 23. Page 78, line 15: after the last period insert: "If the court enters an order under this subsection, the court shall terminate the guardianship under s. 48.977.".

SB501-SA1,5,22 24. Page 78, line 16: before that line insert:

SB501-SA1,5,23 " Section 99d. 48.427 (4) of the statutes is amended to read:

SB501-SA1,6,3 48.427 (4) The court may enter an order terminating the parental If the rights of one or both parents and are terminated under sub. (3), the court may enter an order placing the child in sustaining care under s. 48.428.