SB601: Bill Text

SB601,15,3 48.09 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 48.13 or 48.977. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

SB601, s. 31 Section 31. 48.14 (2) (b) of the statutes is amended to read:

SB601,15,8 48.14 (2) (b) The appointment and removal of a guardian of the person for a child under ss. 48.427, 48.428, 48.43, 48.831, 48.832 and , 48.839 (4) (a) and 48.977 and ch. 880 and for a child found to be in need of protection or services under s. 48.13 because the child is without parent or guardian.

SB601, s. 32 Section 32. 48.185 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,15,19 48.185 (1) Venue Subject to sub. (2), venue for any proceeding under ss. 48.13, 48.135 and 48.14 (1) to (9) may be in any of the following: the county where the child resides, the county where the child is present or, in the case of a violation of a state law or a county, town or municipal ordinance, the county where the violation occurred. Venue for proceedings brought under subch. VIII is as provided in this subsection except where the child has been placed and is living outside the home of the child's parent pursuant to a dispositional order, in which case venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as provided in s. 801.50 (5s).

SB601, s. 33 Section 33. 48.185 (2) of the statutes is amended to read:

SB601,16,4 48.185 (2) In an action under s. 48.41, venue shall be in the county where the birth parent or child resides at the time that the petition is filed. Venue for any proceeding under s. 48.363 or, 48.365 or 48.977, or any other proceeding under subch. VIII when the child has been placed outside the home pursuant to a dispositional order under s. 48.345, shall be in the county where the dispositional order was issued, unless the child's county of residence has changed, or the parent of the child has resided in a different county of this state for 6 months. In either case, the court may, upon a motion and for good cause shown, transfer the case, along with all appropriate records, to the county of residence of the child or parent.

SB601, s. 34 Section 34. 48.207 (1) (c) of the statutes is amended to read:

SB601,16,7 48.207 (1) (c) A licensed foster home or a licensed treatment foster home provided the placement does not violate the conditions of the license.

SB601, s. 35 Section 35. 48.207 (1) (f) of the statutes is amended to read:

SB601,16,12 48.207 (1) (f) The home of a person not a relative, if the placement does not exceed 30 days, though the placement may be extended for an additional 30 days for cause by the court, and if the person has not had a foster home or treatment foster home license refused, revoked or suspended within the last 2 years.

SB601, s. 36 Section 36. 48.207 (3) of the statutes is amended to read:

SB601,16,17 48.207 (3) A child taken into custody under s. 48.981 may be held in a hospital, foster home, treatment foster home, relative's home or other appropriate medical or child welfare facility which is not used primarily for the detention of delinquent children.

SB601, s. 37 Section 37. 48.235 (1) (c) of the statutes is amended to read:

SB601,16,22 48.235 (1) (c) The court shall appoint a guardian ad litem for any child who is the subject of a proceeding to terminate parental rights, whether voluntary or involuntary, and for a child who is the subject of a contested adoption proceeding and for a child who is the subject of a proceeding under s. 48.977.

SB601, s. 38 Section 38. 48.235 (4) (a) 7g. of the statutes is created to read:

SB601,17,3 48.235 (4) (a) 7g. Petition for the appointment of a guardian under s. 48.977 (2), the revision of a guardianship order under s. 48.977 (6) or the removal of a guardian under s. 48.977 (7).

SB601, s. 39 Section 39. 48.299 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,17,7 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).

SB601, s. 40 Section 40. 48.299 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,17,22 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.

SB601, s. 41 Section 41. 48.33 (4) (intro.) of the statutes is amended to read:

SB601,18,3 48.33 (4) Other out-of-home placements. (intro.) A report recommending placement in a foster home, treatment foster home, group home or child caring institution shall be in writing and shall include all of the following:

SB601, s. 42 Section 42. 48.33 (5) of the statutes is amended to read:

SB601,18,15 48.33 (5) (title) Identity of foster parent or treatment foster parent; confidentiality. If the report recommends placement in a foster home or a treatment foster home, and the name of the foster parent or treatment foster parent is not available at the time the report is filed, the agency shall provide the court and the child's parent or guardian with the name and address of the foster parent or treatment foster parent within 21 days after the dispositional order is entered, except that the court may order the information withheld from the child's parent or guardian if the court finds that disclosure would result in imminent danger to the child or to the foster parent or treatment foster parent. After notifying the child's parent or guardian, the court shall hold a hearing prior to ordering the information withheld.

SB601, s. 43 Section 43. 48.345 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,18,19 48.345 (3) (c) A foster home or treatment foster home licensed under s. 48.62 or a group home licensed under s. 48.625.

SB601, s. 44 Section 44. 48.355 (2) (b) 2. of the statutes is amended to read:

SB601,19,6 48.355 (2) (b) 2. If the child is placed outside the home, the name of the place or facility, including transitional placements, where the child shall be cared for or treated, except that if the placement is a foster home or treatment foster home and the name and address of the foster parent or treatment foster parent is not available at the time of the order, the name and address of the foster parent or treatment foster parent shall be furnished to the court and the parent within 21 days of the order. If, after a hearing on the issue with due notice to the parent or guardian, the judge finds that disclosure of the identity of the foster parent or treatment foster parent would result in imminent danger to the child, or the foster parent or the treatment foster parent, the judge may order the name and address of the prospective foster parents or treatment foster parents withheld from the parent or guardian.

SB601, s. 45 Section 45. 48.357 (1) of the statutes is amended to read:

SB601,20,4 48.357 (1) The person or agency primarily responsible for implementing the dispositional order 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, 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, the foster parent may submit a written statement prior to the hearing.

SB601, s. 46 Section 46. 48.368 of the statutes is renumbered 48.368 (1).

SB601, s. 47 Section 47. 48.368 (2) of the statutes is created to read:

SB601,20,12 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 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 occurs:

SB601,20,13 (a) The guardianship terminates under s. 48.977 (7).

SB601,20,14 (b) A court enters a change in placement order under s. 48.357.

SB601,20,16 (c) A court order terminates such dispositional order, revision order or extension order.

SB601,20,17 (d) The child attains the age of 18 years.

SB601, s. 48 Section 48. 48.375 (4) (a) 1. of the statutes is amended to read:

SB601,21,2 48.375 (4) (a) 1. The person or the person's agent has, either directly or through a referring physician or his or her agent, received and made part of the minor's medical record the written consent of the minor and the written consent of one of her parents; or of the minor's guardian or legal custodian, if one has been appointed; or of an adult family member of the minor; or of one of the minor's foster parents or treatment foster parents, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, or the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor.

SB601, s. 49 Section 49. 48.375 (4) (b) 1m. of the statutes is amended to read:

SB601,21,14 48.375 (4) (b) 1m. A physician who specializes in psychiatry or a licensed psychologist, as defined in s. 455.01 (4), states in writing that the physician or psychologist believes, to the best of his or her professional judgment based on the facts of the case before him or her, that the minor is likely to commit suicide rather than file a petition under s. 48.257 or approach her parent, or guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or one of the minor's foster parents or treatment foster parents, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, or the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, for consent.

SB601, s. 50 Section 50. 48.375 (4) (b) 3. of the statutes is amended to read:

SB601,22,2 48.375 (4) (b) 3. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, that a parent who has legal custody of the minor, or the minor's guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or a foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, or the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, has abused, as defined in s. 48.981 (1) (a), the minor. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record. The person who intends to perform or induce the abortion shall report the abuse as required under s. 48.981 (2).

SB601, s. 51 Section 51. 48.375 (7) (f) of the statutes is amended to read:

SB601,22,11 48.375 (7) (f) Certain persons barred from proceedings. No parent, or guardian or legal custodian, if one has been appointed, or foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, or the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, or adult family member, of any minor who is seeking a court determination under this subsection may attend, intervene or give evidence in any proceeding under this subsection.

SB601, s. 52 Section 52. 48.38 (2) (intro.) of the statutes is amended to read:

SB601,22,18 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each child living in a foster home, treatment foster home, group home, child-caring institution, secure detention facility or shelter care facility, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 shall prepare a written permanency plan, if one of the following conditions exists:

SB601, s. 53 Section 53. 48.38 (4) (f) (intro.) of the statutes is amended to read:

SB601,22,23 48.38 (4) (f) (intro.) The services that will be provided to the child, the child's family and the child's foster parent, the child's treatment foster parent or the operator of the facility where the child is living to carry out the dispositional order, including services planned to accomplish all of the following:

SB601, s. 54 Section 54. 48.38 (5) (b) of the statutes is amended to read:

SB601,23,12 48.38 (5) (b) The court or the agency shall notify the parents of the child, the child if he or she is 12 years of age or older and the child's foster parent, the child's treatment foster parent or the operator of the facility in which the child is living of the date, time and place of the review, of the issues to be determined as part of the review, of the fact that they may submit written comments not less than 10 working days before the review and of the fact that they may participate in the review. The court or agency shall notify the person representing the interests of the public, the child's counsel and the child's guardian ad litem of the date of the review, of the issues to be determined as part of the review and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child's case record.

SB601, s. 55 Section 55. 48.38 (5) (c) 2. of the statutes is amended to read:

SB601,23,16 48.38 (5) (c) 2. The extent of compliance with the permanency plan by the agency and any other service providers, the child's parents and, the child and the child's guardian, if any.

SB601, s. 56 Section 56. 48.38 (5) (e) of the statutes is amended to read:

SB601,23,23 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order, the child or the child's counsel or guardian ad litem, the person representing the interests of the public, the child's parent or guardian and the child's foster parent, the child's treatment foster parent or the operator of the facility where the child is living.

SB601, s. 57 Section 57. 48.42 (2) (d) of the statutes is amended to read:

SB601,24,2 48.42 (2) (d) Any other person to whom notice is required to be given by ch. 822, excluding foster parents and treatment foster parents.

SB601, s. 58 Section 58. 48.425 (1) (f) of the statutes is amended to read:

SB601,24,10 48.425 (1) (f) If the report recommends that the parental rights of both of the child's parents or the child's only living or known parent are to be terminated, the report shall contain a statement of the likelihood that the child will be adopted. This statement shall be prepared by an agency designated in s. 48.427 (3) (3m) (a) 1.to 4. and include a presentation of the factors which might prevent adoption, those which would facilitate it, and the agency which would be responsible for accomplishing the adoption.

SB601, s. 59 Section 59. 48.425 (1) (g) of the statutes is amended to read:

SB601,24,18 48.425 (1) (g) If an agency designated under s. 48.427 (3) (3m) (a) 1. to 4. determines that it is unlikely that the child will be adopted, or if adoption would not be in the best interests of the child, the report shall include a plan for placing the child in a permanent family setting, including. The plan shall include a recommendation as to the agency to be named guardian of the child or a recommendation that the person appointed as the guardian of the child under s. 48.977 (2) continue to be the guardian of the child.

SB601, s. 60 Section 60. 48.427 (3) (intro.) of the statutes is renumbered 48.427 (3) and amended to read:

SB601,24,22 48.427 (3) The court may enter an order terminating the parental rights of one or both parents.

SB601,24,24 (3m) If the rights of both parents or of the only living parent are terminated and if a guardian has not been appointed under s. 48.977, the court shall either:

SB601, s. 61 Section 61. 48.427 (3p) of the statutes is created to read:

SB601,25,3 48.427 (3p) If the rights of both parents or of the only living parent are terminated and if a guardian has been appointed under s. 48.977, the court may enter one of the orders specified in sub. (3m).

SB601, s. 62 Section 62. 48.428 (2) of the statutes is renumbered 48.428 (2) (a) and amended to read:

SB601,25,13 48.428 (2) (a) When Except as provided in par. (b), when a court places a child in sustaining care after an order under s. 48.427 (4), the court shall transfer legal custody of the child to the county department or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3) (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent or licensed treatment foster parent with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent or licensed treatment foster parent shall be a sustaining parent with the powers and duties specified in sub. (3).

SB601, s. 63 Section 63. 48.428 (2) (b) of the statutes is created to read:

SB601,25,22 48.428 (2) (b) When a court places a child in sustaining care after an order under s. 48.427 (4) with a person who has been appointed as the guardian of the child under s. 48.977 (2), the court may transfer legal custody of the child to the county department or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent shall be a sustaining parent with the powers and duties specified in sub. (3).

SB601, s. 64 Section 64. 48.428 (4) of the statutes is amended to read:

SB601,26,7 48.428 (4) Before a licensed foster parent or licensed treatment foster parent may be appointed as a sustaining parent, the foster parent or treatment foster parent shall execute a contract with the agency responsible for providing services to the child, in which the foster parent or treatment foster parent agrees to provide care for the child until the child's 18th birthday unless the placement order is changed by the court because the court finds that the sustaining parents are no longer able or willing to provide the sustaining care or the court finds that the behavior of the sustaining parents toward the child would constitute grounds for the termination of parental rights if the sustaining parent was the birth parent of the child.

SB601, s. 65 Section 65. 48.43 (1) (a) of the statutes is amended to read:

SB601,26,12 48.43 (1) (a) The identity of any agency or individual that has received guardianship of the child or will receive guardianship or custody of the child upon termination and the identity of the agency which will be responsible for securing the adoption of the child or establishing the child in a permanent family setting.

SB601, s. 66 Section 66. 48.43 (4) of the statutes is amended to read:

SB601,26,20 48.43 (4) A certified copy of the order terminating parental rights shall be furnished by the court to the agency given guardianship for placement for adoption of the child or to the person or agency given custodianship or guardianship for placement of the child in sustaining care and to the person appointed as the guardian of the child under s. 48.977 (2). The court shall, upon request, furnish a certified copy of the child's birth certificate and a transcript of the testimony in the termination of parental rights hearing to the same person or agency.

SB601, s. 67 Section 67. 48.43 (5) (b) of the statutes is amended to read:

SB601,27,2 48.43 (5) (b) The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (a). At least 10 days before the date of the hearing, the court shall provide notice of the time, date and purpose of the hearing to the agency that prepared the report, the child's guardian, the child, if he or she is 12 years of age or over, and the child's foster parent, the child's treatment foster parent or the operator of the facility in which the child is living.

SB601, s. 68 Section 68. 48.43 (5) (c) of the statutes is amended to read:

SB601,27,12 48.43 (5) (c) Following the hearing, the court shall make all of the determinations specified under s. 48.38 (5) (c), except the determinations relating to the child's parents. The court may amend the order under sub. (1) to transfer the child's guardianship and custody to any agency specified under s. 48.427 (3) (3m) (a) 1. to 4. which consents to the transfer, if the court determines that the transfer is in the child's best interest. If an order is amended, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order.

SB601, s. 69 Section 69. 48.43 (5m) of the statutes is amended to read:

SB601,27,17 48.43 (5m) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over, and to the child's foster parent, the child's treatment foster parent or the operator of the facility in which the child is living.

SB601, s. 70 Section 70. 48.48 (9) of the statutes is amended to read:

SB601,27,21 48.48 (9) To license foster homes or treatment foster homes as provided in s. 48.66 (1) for its own use or for the use of licensed child welfare agencies or, if requested to do so, for the use of county departments.

SB601, s. 71 Section 71. 48.52 (1) (b) of the statutes is amended to read:

SB601,27,23 48.52 (1) (b) Foster homes or treatment foster homes;

SB601, s. 72 Section 72. 48.57 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,28,11 48.57 (1) (c) To provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies, except that the county department shall not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the department of education all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the department of education.