LRB-2819/1
GMM:jrd:ch
1995 - 1996 LEGISLATURE
August 14, 1995 - Introduced by Representatives R. Young, Morris-Tatum,
Notestein and Boyle, cosponsored by Senators Moore and
Darling. Referred
to Committee on Children and Families.
AB507,1,12
1An Act to renumber 301.01 (1);
to renumber and amend 48.415 (1) (b);
to
2amend 48.355 (2c) (a) (intro.), 48.355 (2c) (b), 48.38 (5) (b), 48.38 (5) (c) 7, 48.38
3(6) (c), 48.415 (2) (c) and 972.15 (1); and
to create 48.02 (9r) and (14r), 48.27 (4)
4(c), 48.274, 48.355 (2d), 48.38 (4) (f) 4, 48.38 (5) (c) 8, 48.415 (1) (b) 2, 301.01 (1d),
5301.01 (1g), 301.042 and 301.043 of the statutes;
relating to: participation of
6an inmate-parent in certain court hearings relating to his or her child,
7permanency planning for a child whose parent is an inmate, reasonable efforts
8requirements applicable to inmate-parents and their children, assessment of
9needs of primary caretaker inmate-parents, visitation and other
10communication between an inmate-parent and his or her child, a defendant's
11parental status as an item of consideration in a presentence investigation
12report after certain criminal convictions and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Current law provides for an array of dispositions that a court assigned to
exercise jurisdiction under the children's code (juvenile court) may impose on a child
who has been adjudicated delinquent or found to be in need of protection or services.
This bill provides for a new disposition that the juvenile court may impose if a parent
of the child is an inmate in a state prison. Under the bill, if a parent of the child is
an inmate, the juvenile court, applying certain factors specified in the bill, must
determine the nature and extent of any contact or other communication between the
parent and child that would assist in the child's treatment and rehabilitation and
may order the parent and the agency that is primarily responsible for providing
services under the dispositional order to perform any activities specified by the
juvenile court that are designed to support positive and nurturing communication
between the parent and child.
Under current law, a dispositional order placing a child out of his or her home
must contain a finding as to whether the county department of human services or
social services (county department) or the agency responsible for providing services
under the dispositional order has made reasonable efforts to prevent the removal of
the child from the home or, if applicable, has made reasonable efforts to make it
possible for the child to return to his or her home. Current law requires a juvenile
court to consider certain factors in making its reasonable efforts finding. Those
factors include whether a comprehensive assessment of the family's situation was
completed, whether financial assistance was provided to the family, whether services
were offered or provided to the family, whether monitoring of the family's progress
was provided and whether alternative ways of addressing the family's needs were
considered. This bill creates a separate reasonable efforts standard for families in
which a parent is an inmate. Under the bill, in addition to the reasonable efforts
factors under current law, the juvenile court must also consider whether a
comprehensive assessment of the family's needs during the parent's imprisonment
was completed, whether financial assistance was provided to enable reasonable
visitation between the inmate-parent and the child, whether services such as
transportation to enable reasonable visitation and assistance in arranging
communication were offered or provided and whether efforts were made to
coordinate services among the divisions of adult institutions, probation and parole
and intensive sanctions in the department of corrections (DOC).
Under current law, subject to certain exceptions, for each child who is living in
an out-of-home placement the agency that placed the child or that is primarily
responsible for providing services for the child under the dispositional order must
prepare a permanency plan that is designed to ensure that the child is reunified with
his or her family whenever possible or that the child quickly attains a placement or
home providing long-term stability. Currently, a permanency plan must include a
description of the services that will be provided to the child and the child's family to
carry out the dispositional order. This bill requires a permanency plan for a child of
a primary caretaker inmate-parent, as defined in the bill, to include services
planned to improve the relationship between the parent and child during the
parent's imprisonment, to facilitate continued communication and a continuing
parental relationship during that imprisonment and to facilitate reunification of the
parent and child after the imprisonment ends. The bill also requires a juvenile court
or permanency plan review panel conducting a permanency plan review to
determine whether reasonable efforts were made to facilitate that continued
communication, that continuing parental relationship and that reunification. The
bill defines "primary caretaker inmate-parent" as a parent who before his or her
imprisonment had assumed responsibility for the housing, health and safety of his
or her child or who before that imprisonment had primary physical placement of his
or her child or as a woman who gives birth in prison or within 6 months before her
imprisonment.
Under current law, DOC does an initial assessment and evaluation of persons
who are sentenced to prison. This bill requires DOC, during that initial assessment
and evaluation, to assess the current family situation of an inmate who is a primary
caretaker inmate-parent, to consider, subject to security requirements, placing the
inmate as close as possible to the inmate's child and to make recommendations
regarding the services needed to assist the inmate in maintaining contact with his
or her child and in assuming as much responsibility as possible for decision-making
regarding the child. The bill also creates a procedure under which an inmate may
sign a form declaring his or her status as a primary caretaker inmate-parent and
DOC must send that form to the juvenile court having jurisdiction over the inmate's
child and the county department of the county of that juvenile court so that the
juvenile court may provide notice of certain hearings and permanency plan reviews
to the inmate-parent. If an inmate-parent wishes to participate in a juvenile court
hearing, the juvenile court must either issue a summons commanding that parent
to appear personally or arrange for the parent to participate by telephone. If a
primary caretaker inmate-parent wishes to participate in a permanency plan
review, the juvenile court must arrange for that parent to participate by telephone.
The bill also creates certain provisions relating to visitation, telephone calls
and other forms of communication between an inmate-parent and his or her child.
The bill requires an inmate's social worker or other appropriate staff member, during
the inmate's initial assessment and evaluation, to determine whether the inmate has
a child and, if so, to determine whether the inmate desires visitation with the child
and to inquire whether there are any court-ordered restrictions on visitation with
the inmate's child and family. The bill also requires DOC to permit an inmate to have
not less than one telephone conversation per week with his or her child, to encourage
an inmate to have that telephone conversation and to make available to inmates a
written policy that contains procedures for arranging those telephone conversations.
The bill also prohibits DOC from prohibiting an inmate from visiting, telephoning
or corresponding with his or her child except as discipline for misconduct that is
directly related to those types of communications and except that DOC may suspend
the telephone privileges of an inmate who is in segregation status.
Finally, under current law, after a defendant is convicted of a felony, the court
may order DOC to conduct a presentence investigation of that defendant. This bill
requires DOC to include in a presentence report the parental status of a defendant,
including the number and ages of the defendant's children, the defendant's legal
custody and physical placement rights to those children, the current placement of
those children and any other relevant information that the court may request.
For further information see the state and local 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:
AB507, s. 1
1Section
1. 48.02 (9r) and (14r) of the statutes are created to read:
AB507,4,32
48.02
(9r) "Inmate" means any person who is imprisoned in a state prison
3named in s. 302.01.
AB507,4,5
4(14r) "Primary caretaker inmate-parent" has the meaning given in s. 301.042
5(1).
AB507, s. 2
6Section
2. 48.27 (4) (c) of the statutes is created to read:
AB507,4,127
48.27
(4) (c) If the parent is an inmate, notify the parent of his or her
8opportunity under s. 48.274 to attend the hearing or to take part in the hearing by
9telephone conference. Once notified, the parent shall, not less than 10 days before
10the hearing, advise the court in writing whether he or she intends to participate in
11the hearing. The department of corrections shall assist the parent in advising the
12court under this paragraph.
AB507, s. 3
13Section
3. 48.274 of the statutes is created to read:
AB507,4,20
1448.274 Inmate-parent's participation in certain court proceedings
15relating to his or her child. (1) Participation in Hearings. (a) A parent who
16receives notice under s. 48.27 (4) (c) of a hearing specified in par. (b) shall advise the
17court whether he or she intends to participate in the hearing as provided in s. 48.27
18(4) (c). If the court receives timely notice under that paragraph that the parent
19intends to participate in the hearing, the court shall ensure that the parent has an
20opportunity to participate in the hearing by doing one of the following:
AB507,4,2221
1. Issuing a summons requiring the parent to appear in court for the
22proceeding.
AB507,4,2423
2. Arranging for a telephone conference with the parent in lieu of an in-person
24appearance at the hearing.
AB507,4,2525
(b) Paragraph (a) applies to the following hearings under this chapter:
AB507,5,1
11. A contested adoption hearing.
AB507,5,22
2. An involuntary termination of parental rights hearing.
AB507,5,43
3. A fact-finding hearing or a dispositional hearing in a proceeding under s.
448.12 or 48.13 involving an out-of-home placement of a child.
AB507,5,65
(c) The sheriff of the county in which a summons under par. (a) 1. is issued shall
6ensure compliance with the summons.
AB507,5,87
(d) A telephone conference under par. (a) 2. shall be at the expense of the county
8in which the hearing is held and not at the parent's expense.
AB507,5,16
9(2) Telephone conference for permanency plan review. If a primary
10caretaker inmate-parent who has received notice of a permanency plan review
11under s. 48.38 (5) (b) indicates in writing not less than 10 days before the review that
12he or she intends to take part in the review, the court or agency under s. 48.38 (5) shall
13arrange for the primary caretaker inmate-parent to participate in the review
14through the use of a telephone conference. The telephone conference shall be at the
15expense of the county in which the hearing is held and not at the primary caretaker
16inmate-parent's expense.
AB507, s. 4
17Section
4. 48.34 (16) of the statutes is created to read:
AB507,5,2418
48.34
(16) Disposition when parent is an inmate. (a) If the child has a parent
19who is an inmate, the court shall determine the nature and extent of any contact or
20other communication between the parent and child that would assist in the child's
21treatment or rehabilitation and may order the parent and the agency that is
22primarily responsible for providing services under the dispositional order to perform
23any activities specified by the court that are designed to support positive and
24nurturing communication between the parent and the child.
AB507,6,2
1(b) In determining the nature and extent of contact or communication between
2the parent and child under par. (a), the court may consider all of the following:
AB507,6,43
1. The relationship between the parent and child before the parent's
4incarceration.
AB507,6,65
2. The wishes of the child as expressed directly by the child or through the
6child's counsel, guardian ad litem or social worker.
AB507,6,87
3. A recommendation contained in a report of an examination made under s.
848.295.
AB507,6,99
4. The child's permanency plan under s. 48.38.
AB507,6,1110
5. Any special needs of the child and any plan of special treatment and care for
11those special needs.
AB507,6,1312
6. The recommendations of the child's parents, guardian, legal custodian and
13social worker and any evidence or argument presented at the dispositional hearing.
AB507, s. 4
14Section
4. 48.355 (2c) (a) (intro.) of the statutes is amended to read:
AB507,6,2015
48.355
(2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as to
16whether a county department which provides social services or the agency primarily
17responsible for providing services to the child under a court order has made
18reasonable efforts to prevent the removal of the child from his or her home, the court's
19consideration of reasonable efforts shall include
, but not be limited to, consideration
20of whether
all of the following have occurred:
AB507, s. 5
21Section
5. 48.355 (2c) (b) of the statutes is amended to read:
AB507,7,322
48.355
(2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether
23the agency primarily responsible for providing services to the child under a court
24order has made reasonable efforts to make it possible for the child to return to his
25or her home, the court's consideration of reasonable efforts shall include
, but not be
1limited to, the considerations listed under par. (a) 1. to 5. and whether visitation
2schedules between the child and his or her parents were implemented, unless
3visitation was denied or limited by the court.
AB507, s. 6
4Section
6. 48.355 (2d) of the statutes is created to read:
AB507,7,115
48.355
(2d) Reasonable efforts standards; inmate-parent. (a) If a parent is
6an inmate at the time of a finding under sub. (2) (b) 6. as to whether a county
7department which provides social services or the agency primarily responsible for
8providing services to the child under a court order has made reasonable efforts to
9prevent the removal of the child from his or her home, the court's consideration of
10reasonable efforts shall include, in addition to the considerations specified in sub.
11(2c), consideration of whether all of the following have occurred:
AB507,7,1412
1. A comprehensive assessment of the family's situation during the parent's
13imprisonment was completed, including a determination of the likelihood of
14reunification after the parent's imprisonment ends.
AB507,7,1615
2. Financial assistance, if applicable, was provided to the family and the parent
16to enable reasonable visitation and contact between the parent and the child.
AB507,7,1917
3. Services were offered or provided to the family, if applicable, and whether
18any assistance was provided to the family to enable the family to use the services.
19Examples of the types of services that may have been offered include the following:
AB507,7,2320
a. Transportation of the child to and from the state prison named in s. 302.01
21in which the parent is an inmate or transportation of the parent from that state
22prison to a location that is convenient to the child to enable reasonable visitation and
23contact between the parent and the child.
AB507,7,2524
b. Assistance in arranging adequate communication between the parent and
25the child.
AB507,8,3
14. Efforts were made to coordinate services among the division of adult
2institutions, the division of probation and parole and the division of intensive
3sanctions in the department of corrections.
AB507,8,94
(b) When a court makes a finding under sub. (2) (b) 6. as to whether the agency
5primarily responsible for providing services to the child under a court order has made
6reasonable efforts to make it possible for the child to return to his or her home, the
7court's consideration of reasonable efforts shall include the considerations listed
8under par. (a) 1. to 4. and whether visitation schedules between the child and his or
9her parents were implemented, unless visitation was denied or limited by the court.
AB507, s. 7
10Section
7. 48.38 (4) (f) 4. of the statutes is created to read:
AB507,8,1611
48.38
(4) (f) 4. If the parent is a primary caretaker inmate-parent, improve the
12relationship between the parent and his or her child during the parent's
13imprisonment, facilitate continued communication and a continuing parental
14relationship between that parent and the child during the parent's imprisonment,
15and facilitate reunification of the child and that parent after the parent's
16imprisonment ends.
AB507, s. 9
17Section
9. 48.38 (5) (c) 7. of the statutes is amended to read:
AB507,8,2018
48.38
(5) (c) 7. Whether reasonable efforts
, including reasonable efforts under
19s. 48.355 (2d) when applicable, were made by the agency to make it possible for the
20child to return to his or her home.
AB507, s. 10
21Section
10. 48.38 (5) (c) 8. of the statutes is created to read:
AB507,8,2522
48.38
(5) (c) 8. Whether reasonable efforts were made by the agency to facilitate
23communication and a parental relationship between a parent who is an inmate and
24the child, and to facilitate reunification between the child and a parent who is a
25primary caretaker inmate-parent.
AB507, s. 11
1Section
11. 48.38 (6) (c) of the statutes is amended to read:
AB507,9,52
48.38
(6) (c) Standards for reasonable efforts
, including reasonable efforts
3under s. 48.355 (2d) when applicable, to prevent placement of children outside of
4their homes and to make it possible for children to return to their homes if they have
5been placed outside of their homes.
AB507, s. 15
6Section
15. 301.01 (1) of the statutes is renumbered 301.01 (1m).
AB507, s. 16
7Section
16. 301.01 (1d) of the statutes is created to read:
AB507,9,118
301.01
(1d) "Assessment and evaluation" means the initial process in which
9an inmate participates in order to be oriented to the state correctional system and
10facilities, receive a security classification and an assignment to a state correctional
11institution and be offered a vocational, job, school or program assignment.
AB507, s. 17
12Section
17. 301.01 (1g) of the statutes is created to read:
AB507,9,1313
301.01
(1g) "Child" means a person who is less than 18 years of age.
AB507, s. 18
14Section
18. 301.042 of the statutes is created to read:
AB507,9,17
15301.042 Assessment and evaluation: primary caretaker
16inmate-parents. (1) Definition. In this section, "primary caretaker
17inmate-parent" means any of the following:
AB507,9,2018
(a) A parent who is an inmate and who, before his or her imprisonment,
19assumed responsibility for the housing, including temporary placement in the home
20of a responsible adult, health and safety of his or her child.
AB507,9,2221
(b) A parent who is an inmate and who, before his or her imprisonment, had
22primary physical placement, as defined in s. 767.001 (5), of his or her child.
AB507,9,2423
(c) A woman who is an inmate and who gives birth, or is expected to give birth,
24to a child during the term for which the woman is imprisoned.
AB507,10,2
1(d) A woman who is an inmate and who gives birth to a child within 6 months
2before her imprisonment.