SB601,13,223 46.51 (4) A county may use the funds distributed under this section to fund
24additional foster parents and treatment foster parents to care for abused and

1neglected children and to fund additional staff positions to provide services related
2to child abuse and neglect.
SB601, s. 21 3Section 21. 46.56 (8) (L) of the statutes is amended to read:
SB601,13,104 46.56 (8) (L) In providing integrated services under this section, the service
5coordination agency and the designated service providers shall include in the
6integrated service plan all individuals who are active in the care of the child with
7severe disabilities, including members of the child's family, foster parents, treatment
8foster parents
and other individuals who by close and continued association with the
9child have come to occupy significant roles in the care and treatment of the child with
10severe disabilities.
SB601, s. 22 11Section 22. 46.98 (1) (c) of the statutes is amended to read:
SB601,13,1312 46.98 (1) (c) "Parent" means a parent, guardian, foster parent, treatment foster
13parent,
legal custodian or a person acting in the place of a parent.
SB601, s. 23 14Section 23. 46.985 (1) (f) of the statutes is amended to read:
SB601,13,1715 46.985 (1) (f) "Parent" means a parent, guardian, legal custodian or a person
16acting in the place of a parent, but does not include a foster parent , treatment foster
17parent
or any other paid care provider.
SB601, s. 24 18Section 24. 48.01 (1) (gg) of the statutes is amended to read:
SB601,13,2119 48.01 (1) (gg) To promote the adoption of children into stable families rather
20than allowing children to remain in the impermanence of foster or treatment foster
21care.
SB601, s. 25 22Section 25. 48.02 (5j) of the statutes is created to read:
SB601,13,2523 48.02 (5j) "Family foster home" means a facility that is operated by a person
24required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for
25no more than 4 children unless all of the children are siblings.
SB601, s. 26
1Section 26. 48.02 (6) of the statutes is amended to read:
SB601,14,52 48.02 (6) "Foster home" means any facility that is operated by a person
3required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for
4no more than 4 children unless all of the children are siblings
and includes a family
5foster home, a treatment foster home and a village foster home
.
SB601, s. 27 6Section 27. 48.02 (22) of the statutes is created to read:
SB601,14,127 48.02 (22) "Village foster home" means a facility that is operated by a person
8required to be licensed by s. 48.62 (1) (c), that provides care and maintenance for no
9more than 6 children, that is clustered in a village setting with other facilities
10licensed under s. 48.62 (1) (c), that has as its goal the provision of a stable, long-term
11placement for those children and that employs individuals on a long-term basis to
12provide that care and maintenance.
SB601, s. 28 13Section 28. 48.023 (intro.) of the statutes is amended to read:
SB601,14,18 1448.023 Guardianship. (intro.) A Except as limited by an order of the court
15under s. 48.977 (5) (b), a
person appointed by the court to be the guardian of a child
16under this chapter has the duty and authority to make important decisions in
17matters having a permanent effect on the life and development of the child and the
18duty to be concerned about the child's general welfare, including but not limited to:
SB601, s. 29 19Section 29. 48.065 (3) (g) of the statutes is created to read:
SB601,14,2120 48.065 (3) (g) Conduct hearings, make findings or issue orders in proceedings
21under s. 48.977.
SB601, s. 30 22Section 30. 48.09 (5) of the statutes is amended to read:
SB601,15,323 48.09 (5) By the district attorney or, if designated by the county board of
24supervisors, by the corporation counsel, in any matter arising under s. 48.13 or
2548.977
. If the county board transfers this authority to or from the district attorney

1on or after May 11, 1990, the board may do so only if the action is effective on
2September 1 of an odd-numbered year and the board notifies the department of
3administration of that change by January 1 of that odd-numbered year.
SB601, s. 31 4Section 31. 48.14 (2) (b) of the statutes is amended to read:
SB601,15,85 48.14 (2) (b) The appointment and removal of a guardian of the person for a
6child under ss. 48.427, 48.428, 48.43, 48.831, 48.832 and , 48.839 (4) (a) and 48.977
7and ch. 880 and for a child found to be in need of protection or services under s. 48.13
8because the child is without parent or guardian.
SB601, s. 32 9Section 32. 48.185 (1) of the statutes, as affected by 1995 Wisconsin Act 77,
10is amended to read:
SB601,15,1911 48.185 (1) Venue Subject to sub. (2), venue for any proceeding under ss. 48.13,
1248.135 and 48.14 (1) to (9) may be in any of the following: the county where the child
13resides, the county where the child is present or, in the case of a violation of a state
14law or a county, town or municipal ordinance, the county where the violation
15occurred. Venue for proceedings brought under subch. VIII is as provided in this
16subsection except where the child has been placed and is living outside the home of
17the child's parent pursuant to a dispositional order, in which case venue is as
18provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as provided in s.
19801.50 (5s).
SB601, s. 33 20Section 33. 48.185 (2) of the statutes is amended to read:
SB601,16,421 48.185 (2) In an action under s. 48.41, venue shall be in the county where the
22birth parent or child resides at the time that the petition is filed. Venue for any
23proceeding under s. 48.363 or, 48.365 or 48.977, or any other proceeding under subch.
24VIII when the child has been placed outside the home pursuant to a dispositional
25order under s. 48.345, shall be in the county where the dispositional order was issued,

1unless the child's county of residence has changed, or the parent of the child has
2resided in a different county of this state for 6 months. In either case, the court may,
3upon a motion and for good cause shown, transfer the case, along with all appropriate
4records, to the county of residence of the child or parent.
SB601, s. 34 5Section 34. 48.207 (1) (c) of the statutes is amended to read:
SB601,16,76 48.207 (1) (c) A licensed foster home or a licensed treatment foster home
7provided the placement does not violate the conditions of the license.
SB601, s. 35 8Section 35. 48.207 (1) (f) of the statutes is amended to read:
SB601,16,129 48.207 (1) (f) The home of a person not a relative, if the placement does not
10exceed 30 days, though the placement may be extended for an additional 30 days for
11cause by the court, and if the person has not had a foster home or treatment foster
12home
license refused, revoked or suspended within the last 2 years.
SB601, s. 36 13Section 36. 48.207 (3) of the statutes is amended to read:
SB601,16,1714 48.207 (3) A child taken into custody under s. 48.981 may be held in a hospital,
15foster home, treatment foster home, relative's home or other appropriate medical or
16child welfare facility which is not used primarily for the detention of delinquent
17children.
SB601, s. 37 18Section 37. 48.235 (1) (c) of the statutes is amended to read:
SB601,16,2219 48.235 (1) (c) The court shall appoint a guardian ad litem for any child who is
20the subject of a proceeding to terminate parental rights, whether voluntary or
21involuntary, and for a child who is the subject of a contested adoption proceeding and
22for a child who is the subject of a proceeding under s. 48.977
.
SB601, s. 38 23Section 38. 48.235 (4) (a) 7g. of the statutes is created to read:
SB601,17,3
148.235 (4) (a) 7g. Petition for the appointment of a guardian under s. 48.977
2(2), the revision of a guardianship order under s. 48.977 (6) or the removal of a
3guardian under s. 48.977 (7).
SB601, s. 39 4Section 39. 48.299 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 77,
5is amended to read:
SB601,17,76 48.299 (4) (a) Chapters 901 to 911 shall govern the presentation of evidence at
7the fact-finding hearings under ss. 48.31 and, 48.42 and 48.977 (4) (d).
SB601, s. 40 8Section 40. 48.299 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 77,
9is amended to read:
SB601,17,2210 48.299 (4) (b) Except as provided in s. 901.05, neither common law nor
11statutory rules of evidence are binding at a hearing for a child held in custody under
12s. 48.21, a runaway home hearing under s. 48.227 (4), a dispositional hearing, or a
13hearing about changes in placement, revision of dispositional orders or, extension of
14dispositional orders or termination of guardianship orders entered under s. 48.977
15(4) (h) 2. or (6)
. At those hearings, the court shall admit all testimony having
16reasonable probative value, but shall exclude immaterial, irrelevant or unduly
17repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay
18evidence may be admitted if it has demonstrable circumstantial guarantees of
19trustworthiness. The court shall give effect to the rules of privilege recognized by
20law. The court shall apply the basic principles of relevancy, materiality and probative
21value to proof of all questions of fact. Objections to evidentiary offers and offers of
22proof of evidence not admitted may be made and shall be noted in the record.
SB601, s. 41 23Section 41. 48.33 (4) (intro.) of the statutes is amended to read:
SB601,18,3
148.33 (4) Other out-of-home placements. (intro.) A report recommending
2placement in a foster home, treatment foster home, group home or child caring
3institution shall be in writing and shall include all of the following:
SB601, s. 42 4Section 42. 48.33 (5) of the statutes is amended to read:
SB601,18,155 48.33 (5) (title) Identity of foster parent or treatment foster parent;
6confidentiality.
If the report recommends placement in a foster home or a treatment
7foster home
, and the name of the foster parent or treatment foster parent is not
8available at the time the report is filed, the agency shall provide the court and the
9child's parent or guardian with the name and address of the foster parent or
10treatment foster parent
within 21 days after the dispositional order is entered,
11except that the court may order the information withheld from the child's parent or
12guardian if the court finds that disclosure would result in imminent danger to the
13child or to the foster parent or treatment foster parent. After notifying the child's
14parent or guardian, the court shall hold a hearing prior to ordering the information
15withheld.
SB601, s. 43 16Section 43. 48.345 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 77,
17is amended to read:
SB601,18,1918 48.345 (3) (c) A foster home or treatment foster home licensed under s. 48.62
19or a group home licensed under s. 48.625.
SB601, s. 44 20Section 44. 48.355 (2) (b) 2. of the statutes is amended to read:
SB601,19,621 48.355 (2) (b) 2. If the child is placed outside the home, the name of the place
22or facility, including transitional placements, where the child shall be cared for or
23treated, except that if the placement is a foster home or treatment foster home and
24the name and address of the foster parent or treatment foster parent is not available
25at the time of the order, the name and address of the foster parent or treatment foster

1parent
shall be furnished to the court and the parent within 21 days of the order. If,
2after a hearing on the issue with due notice to the parent or guardian, the judge finds
3that disclosure of the identity of the foster parent or treatment foster parent would
4result in imminent danger to the child, or the foster parent or the treatment foster
5parent
, the judge may order the name and address of the prospective foster parents
6or treatment foster parents withheld from the parent or guardian.
SB601, s. 45 7Section 45. 48.357 (1) of the statutes is amended to read:
SB601,20,48 48.357 (1) The person or agency primarily responsible for implementing the
9dispositional order may request a change in the placement of the child, whether or
10not the change requested is authorized in the dispositional order and shall cause
11written notice to be sent to the child or the child's counsel or guardian ad litem,
12parent, foster parent, guardian and legal custodian. The notice shall contain the
13name and address of the new placement, the reasons for the change in placement,
14a statement describing why the new placement is preferable to the present
15placement and a statement of how the new placement satisfies objectives of the
16treatment plan ordered by the court. Any person receiving the notice under this
17subsection or notice of the specific foster or treatment foster placement under s.
1848.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the
19court within 10 days of receipt of the notice. Placements shall not be changed until
2010 days after such notice is sent to the court unless the parent, guardian or legal
21custodian and the child, if 12 or more years of age, sign written waivers of objection,
22except that placement changes which were authorized in the dispositional order may
23be made immediately if notice is given as required in this subsection. In addition,
24a hearing is not required for placement changes authorized in the dispositional order
25except where an objection filed by a person who received notice alleges that new

1information is available which affects the advisability of the court's dispositional
2order. If a hearing is held under this subsection and the change in placement would
3remove a child from a foster home, the foster parent may submit a written statement
4prior to the hearing.
SB601, s. 46 5Section 46. 48.368 of the statutes is renumbered 48.368 (1).
SB601, s. 47 6Section 47. 48.368 (2) of the statutes is created to read:
SB601,20,127 48.368 (2) If a child's placement with a guardian appointed under s. 48.977 (2)
8is designated by the court under s. 48.977 (3) as a permanent foster home placement
9for the child while a dispositional order under s. 48.345, a revision order under s.
1048.363 or an extension order under s. 48.365 is in effect with respect to the child, such
11dispositional order, revision order or extension order shall remain in effect until the
12earliest of the following occurs:
SB601,20,1313 (a) The guardianship terminates under s. 48.977 (7).
SB601,20,1414 (b) A court enters a change in placement order under s. 48.357.
SB601,20,16 15(c) A court order terminates such dispositional order, revision order or
16extension order.
SB601,20,1717 (d) The child attains the age of 18 years.
SB601, s. 48 18Section 48. 48.375 (4) (a) 1. of the statutes is amended to read:
SB601,21,219 48.375 (4) (a) 1. The person or the person's agent has, either directly or through
20a referring physician or his or her agent, received and made part of the minor's
21medical record the written consent of the minor and the written consent of one of her
22parents; or of the minor's guardian or legal custodian, if one has been appointed; or
23of an adult family member of the minor; or of one of the minor's foster parents or
24treatment foster parents
, if the minor has been placed in a foster home or treatment
25foster home
and the minor's parent has signed a waiver granting the department,

1a county department, or the foster parent or the treatment foster parent the
2authority to consent to medical services or treatment on behalf of the minor.
SB601, s. 49 3Section 49. 48.375 (4) (b) 1m. of the statutes is amended to read:
SB601,21,144 48.375 (4) (b) 1m. A physician who specializes in psychiatry or a licensed
5psychologist, as defined in s. 455.01 (4), states in writing that the physician or
6psychologist believes, to the best of his or her professional judgment based on the
7facts of the case before him or her, that the minor is likely to commit suicide rather
8than file a petition under s. 48.257 or approach her parent, or guardian or legal
9custodian, if one has been appointed, or an adult family member of the minor, or one
10of the minor's foster parents or treatment foster parents, if the minor has been placed
11in a foster home or treatment foster home and the minor's parent has signed a waiver
12granting the department, a county department, or the foster parent or the treatment
13foster parent
the authority to consent to medical services or treatment on behalf of
14the minor, for consent.
SB601, s. 50 15Section 50. 48.375 (4) (b) 3. of the statutes is amended to read:
SB601,22,216 48.375 (4) (b) 3. The minor provides the person who intends to perform or
17induce the abortion with a written statement, signed and dated by the minor, that
18a parent who has legal custody of the minor, or the minor's guardian or legal
19custodian, if one has been appointed, or an adult family member of the minor, or a
20foster parent or treatment foster parent, if the minor has been placed in a foster home
21or treatment foster home and the minor's parent has signed a waiver granting the
22department, a county department, or the foster parent or the treatment foster parent
23the authority to consent to medical services or treatment on behalf of the minor, has
24abused, as defined in s. 48.981 (1) (a), the minor. The person who intends to perform
25or induce the abortion shall place the statement in the minor's medical record. The

1person who intends to perform or induce the abortion shall report the abuse as
2required under s. 48.981 (2).
SB601, s. 51 3Section 51. 48.375 (7) (f) of the statutes is amended to read:
SB601,22,114 48.375 (7) (f) Certain persons barred from proceedings. No parent, or guardian
5or legal custodian, if one has been appointed, or foster parent or treatment foster
6parent
, if the minor has been placed in a foster home or treatment foster home and
7the minor's parent has signed a waiver granting the department, a county
8department, or the foster parent or the treatment foster parent the authority to
9consent to medical services or treatment on behalf of the minor, or adult family
10member, of any minor who is seeking a court determination under this subsection
11may attend, intervene or give evidence in any proceeding under this subsection.
SB601, s. 52 12Section 52. 48.38 (2) (intro.) of the statutes is amended to read:
SB601,22,1813 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3),
14for each child living in a foster home, treatment foster home, group home,
15child-caring institution, secure detention facility or shelter care facility, the agency
16that placed the child or arranged the placement or the agency assigned primary
17responsibility for providing services to the child under s. 48.355 shall prepare a
18written permanency plan, if one of the following conditions exists:
SB601, s. 53 19Section 53. 48.38 (4) (f) (intro.) of the statutes is amended to read:
SB601,22,2320 48.38 (4) (f) (intro.) The services that will be provided to the child, the child's
21family and the child's foster parent, the child's treatment foster parent or the
22operator of the facility where the child is living to carry out the dispositional order,
23including services planned to accomplish all of the following:
SB601, s. 54 24Section 54. 48.38 (5) (b) of the statutes is amended to read:
SB601,23,12
148.38 (5) (b) The court or the agency shall notify the parents of the child, the
2child if he or she is 12 years of age or older and the child's foster parent, the child's
3treatment foster parent
or the operator of the facility in which the child is living of
4the date, time and place of the review, of the issues to be determined as part of the
5review, of the fact that they may submit written comments not less than 10 working
6days before the review and of the fact that they may participate in the review. The
7court or agency shall notify the person representing the interests of the public, the
8child's counsel and the child's guardian ad litem of the date of the review, of the issues
9to be determined as part of the review and of the fact that they may submit written
10comments not less than 10 working days before the review. The notices under this
11paragraph shall be provided in writing not less than 30 days before the review and
12copies of the notices shall be filed in the child's case record.
SB601, s. 55 13Section 55. 48.38 (5) (c) 2. of the statutes is amended to read:
SB601,23,1614 48.38 (5) (c) 2. The extent of compliance with the permanency plan by the
15agency and any other service providers, the child's parents and, the child and the
16child's guardian, if any
.
SB601, s. 56 17Section 56. 48.38 (5) (e) of the statutes is amended to read:
SB601,23,2318 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
19the determinations under par. (c) and shall provide a copy to the court that entered
20the order, the child or the child's counsel or guardian ad litem, the person
21representing the interests of the public, the child's parent or guardian and the child's
22foster parent, the child's treatment foster parent or the operator of the facility where
23the child is living.
SB601, s. 57 24Section 57. 48.42 (2) (d) of the statutes is amended to read:
SB601,24,2
148.42 (2) (d) Any other person to whom notice is required to be given by ch. 822,
2excluding foster parents and treatment foster parents.
SB601, s. 58 3Section 58. 48.425 (1) (f) of the statutes is amended to read:
SB601,24,104 48.425 (1) (f) If the report recommends that the parental rights of both of the
5child's parents or the child's only living or known parent are to be terminated, the
6report shall contain a statement of the likelihood that the child will be adopted. This
7statement shall be prepared by an agency designated in s. 48.427 (3) (3m) (a) 1.to 4.
8and include a presentation of the factors which might prevent adoption, those which
9would facilitate it, and the agency which would be responsible for accomplishing the
10adoption.
SB601, s. 59 11Section 59. 48.425 (1) (g) of the statutes is amended to read:
SB601,24,1812 48.425 (1) (g) If an agency designated under s. 48.427 (3) (3m) (a) 1. to 4.
13determines that it is unlikely that the child will be adopted, or if adoption would not
14be in the best interests of the child, the report shall include a plan for placing the child
15in a permanent family setting, including. The plan shall include a recommendation
16as to
the agency to be named guardian of the child or a recommendation that the
17person appointed as the guardian of the child under s. 48.977 (2) continue to be the
18guardian of the child
.
SB601, s. 60 19Section 60. 48.427 (3) (intro.) of the statutes is renumbered 48.427 (3) and
20amended to read:
SB601,24,2221 48.427 (3) The court may enter an order terminating the parental rights of one
22or both parents.
SB601,24,24 23(3m) If the rights of both parents or of the only living parent are terminated
24and if a guardian has not been appointed under s. 48.977, the court shall either:
SB601, s. 61 25Section 61. 48.427 (3p) of the statutes is created to read:
SB601,25,3
148.427 (3p) If the rights of both parents or of the only living parent are
2terminated and if a guardian has been appointed under s. 48.977, the court may
3enter one of the orders specified in sub. (3m).
SB601, s. 62 4Section 62. 48.428 (2) of the statutes is renumbered 48.428 (2) (a) and
5amended to read:
SB601,25,136 48.428 (2) (a) When Except as provided in par. (b), when a court places a child
7in sustaining care after an order under s. 48.427 (4), the court shall transfer legal
8custody of the child to the county department or a licensed child welfare agency,
9transfer guardianship of the child to an agency listed in s. 48.427 (3) (3m) (a) 1. to
104. and place the child in the home of a licensed foster parent or licensed treatment
11foster parent
with whom the child has resided for 6 months or longer. Pursuant to
12such a placement, this licensed foster parent or licensed treatment foster parent
13shall be a sustaining parent with the powers and duties specified in sub. (3).
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