1997 Wisconsin Act 237

a. Being returned safely to his or her home;.

b. Having a petition for the involuntary termination of parental rights filed on behalf of the child;.

c. Being placed for adoption; or.

237,134 Section 134 . 48.38 (5) (c) 7. of the statutes is amended to read:

48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the child to return safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.

237,135 Section 135. 48.38 (6) (c) of the statutes is amended to read:

48.38 (6) (c) Standards for reasonable efforts to prevent placement of children outside of their homes, while assuring that their health and safety are the paramount concerns, and to make it possible for children to return safely to their homes if they have been placed outside of their homes.

237,136 Section 136 . 48.415 (1) (a) (intro.) of the statutes is amended to read:

48.415 (1) (a) (intro.) Abandonment, which, subject to par. (c), shall be established by proving that any of the following:

237,137 Section 137 . 48.415 (1) (a) 1. of the statutes is amended to read:

48.415 (1) (a) 1. The That the child has been left without provision for its the child's care or support, the petitioner has investigated the circumstances surrounding the matter and for 60 days the petitioner has been unable to find either parent;.

237,138 Section 138 . 48.415 (1) (a) 1m. of the statutes is amended to read:

48.415 (1) (a) 1m. The That the child has been left by the parent without provision for the child's care or support in a place or manner that exposes the child to substantial risk of great bodily harm, as defined in s. 939.22 (14), or death;.

237,139m Section 139m. 48.415 (1) (a) 1r. of the statutes is created to read:

48.415 (1) (a) 1r. That a court of competent jurisdiction has found under s. 48.13 (2) or under a law of any other state or a federal law that is comparable to s. 48.13 (2) that the child was abandoned when the child was under one year of age or has found that the parent abandoned the child when the child was under one year of age in violation of s. 948.20 or in violation of the law of any other state or federal law, if that violation would be a violation of s. 948.20 if committed in this state.

237,140 Section 140 . 48.415 (1) (a) 2. of the statutes is amended to read:

48.415 (1) (a) 2. The That the child has been placed, or continued in a placement, outside the parent's home by a court order containing the notice required by s. 48.356 (2) or 938.356 (2) and the parent has failed to visit or communicate with the child for a period of 3 months or longer; or.

237,141 Section 141 . 48.415 (2) (b) 1. of the statutes is amended to read:

48.415 (2) (b) 1. In this paragraph, “diligent reasonable effort" means an earnest and conscientious effort to take good faith steps to provide the services ordered by the court which takes into consideration the characteristics of the parent or child, the level of cooperation of the parent and other relevant circumstances of the case.

237,142 Section 142 . 48.415 (2) (b) 2. of the statutes is amended to read:

48.415 (2) (b) 2. That the agency responsible for the care of the child and the family has made a diligent reasonable effort to provide the services ordered by the court.

237,143 Section 143 . 48.415 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read:

48.415 (2) (c) That the child has been outside the home for a cumulative total period of 6 months or longer pursuant to such orders; and that the parent has failed to meet the conditions established for the safe return of the child to the home and there is a substantial likelihood that the parent will not meet these conditions within the 12-month period following the fact-finding hearing under s. 48.424.

237,144 Section 144 . 48.415 (9m) (b) of the statutes is repealed and recreated to read:

48.415 (9m) (b) In this subsection, “serious felony" means any of the following:

1. The commission of, the aiding or abetting of, or the solicitation, conspiracy or attempt to commit, a violation of s. 940.01, 940.02, 940.03 or 940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.01, 940.02, 940.03 or 940.05 if committed in this state.

2. The commission of a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 if committed in this state.

3. The commission of a violation of s. 948.21 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 948.21 if committed in this state, that resulted in the death of the victim.

237,145 Section 145 . 48.417 of the statutes is created to read:

48.417 Petition for termination of parental rights; when required. (1) Filing or joining in petition; when required. Subject to sub. (2), an agency or the district attorney, corporation counsel or other appropriate official designated under s. 48.09 shall file a petition under s. 48.42 (1) to terminate the parental rights of a parent or the parents of a child, or, if a petition under s. 48.42 (1) to terminate those parental rights has already been filed, the agency, district attorney, corporation counsel or other appropriate official shall join in the petition, if any of the following circumstances apply:

(a) The child has been placed outside of his or her home, as described in s. 48.365 (1), for 15 of the most recent 22 months.

(b) A court of competent jurisdiction has found under s. 48.13 (2) or under a law of any other state or a federal law that is comparable to s. 48.13 (2) that the child was abandoned when he or she was under one year of age or has found that the parent abandoned the child when the child was under one year of age in violation of s. 948.20 or in violation of the law of any other state or federal law, if that violation would be a violation of s. 948.20 if committed in this state.

(c) A court of competent jurisdiction has found that the parent has committed, has aided or abetted the commission of, or has solicited, conspired or attempted to commit, a violation of s. 940.01, 940.02, 940.03 or 940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.01, 940.02, 940.03 or 940.05 if committed in this state, and that the victim of that violation is a child of the parent.

(d) A court of competent jurisdiction has found that the parent has committed a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

(2) Filing or joining in petition; when not required. Notwithstanding that any of the circumstances specified in sub. (1) (a), (b), (c) or (d) may apply, an agency or the district attorney, corporation counsel or other appropriate official designated under s. 48.09 need not file a petition under s. 48.42 (1) to terminate the parental rights of a parent or the parents of a child, or, if a petition under s. 48.42 (1) to terminate those parental rights has already been filed, the agency, district attorney, corporation counsel or other appropriate official need not join in the petition, if any of the following circumstances apply:

(a) The child is being cared for by a relative of the child.

(b) The child's permanency plan indicates that termination of parental rights to the child is not in the best interests of the child.

(c) The agency primarily responsible for providing services to the child and the family under a court order, if required under s. 48.355 (2) (b) 6. to make reasonable efforts to make it possible for the child to return safely to his or her home, has not provided to the family of the child, consistent with the time period in the child's permanency plan, the services necessary for the safe return of the child to his or her home.

(3) Concurrent adoption efforts required. If a petition is filed or joined in as required under sub. (1), the agency primarily responsible for providing services to the child under a court order shall, during the pendency of the proceeding on the petition, work with the agency identified in the report under s. 48.425 (1) (f) that would be responsible for accomplishing the adoption of the child in processing and approving a qualified family for the adoption of the child.

(4) Notice to department. If a petition is filed or joined in as required under sub. (1), the person who filed or joined in the petition shall notify the department of that filing or joinder.

237,146 Section 146 . 48.42 (2g) (am) of the statutes is created to read:

48.42 (2g) (am) The court shall give a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under par. (a) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under par. (a) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

237,147 Section 147 . 48.42 (2g) (b) of the statutes, as created by 1997 Wisconsin Act 80, is amended to read:

48.42 (2g) (b) Failure to give notice under par. (a) 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 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 par. (a) and if the court is required under s. 48.427 (1m) 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 at any time prior to the entry of an order under s. 48.427 (2) or (3). If the request is made, the court shall order a rehearing.

237,148 Section 148 . 48.425 (1) (c) of the statutes is amended to read:

48.425 (1) (c) If the child has been previously adjudicated to be in need of protection and services, a statement of the steps the agency or person responsible for provision of services has taken to remedy the conditions responsible for court intervention and the parent's response to and cooperation with these services. If the child has been removed from the home, the report should also include a statement of the reasons why the child cannot be returned safely to the family, and the steps the person or agency has taken to effect this return.

237,149 Section 149 . 48.425 (1) (d) of the statutes is amended to read:

48.425 (1) (d) A statement of other appropriate services, if any, which might allow the child to return safely to the home of the parent.

237,150 Section 150 . 48.427 (1m) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read:

48.427 (1m) In addition to any evidence presented under sub. (1), the court shall permit give the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child an opportunity to be heard at the dispositional hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the dispositional hearing, or to submit a written statement prior to disposition, relevant to the issue of disposition. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

237,151 Section 151 . 48.43 (1) (d) of the statutes is created to read:

48.43 (1) (d) A finding that the termination of parental rights is in the best interests of the child.

237,151m Section 151m. 48.561 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

48.561 (3) (a) A county having a population of 500,000 or more shall contribute $31,280,700 $29,446,800 in state fiscal year 1997‐98 for the provision of child welfare services in that county by the department.

237,151p Section 151p. 48.561 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 27, section 1600d, and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

48.561 (3) (a) A county having a population of 500,000 or more shall contribute $58,893,500 in each state fiscal year for the provision of child welfare services in that county by the department.

237,152m Section 152m. 48.57 (3m) (ar) of the statutes is created to read:

48.57 (3m) (ar) The department shall promulgate rules to provide assessment criteria for determining whether a kinship care relative who is providing care and maintenance for a child is eligible to receive payments under par. (am). The rules shall include criteria for determining whether a kinship care relative who is providing care and maintenance for a child is eligible to receive payments under par. (am) in cases in which the safety of the child is not an immediate concern, but placement of the child with the kinship care relative could avoid the need for more costly intervention services. The rules shall also provide that any criteria established under the rules shall first apply to applications for payments under par. (am) received, and to reviews under par. (d) conducted, on the effective date of those rules.

237,153m Section 153m. 48.66 (1) of the statutes, as affected by 1997 Wisconsin Acts .... (Senate Bill 494) and .... (Assembly Bill 410), is amended to read:

48.66 (1) Except as provided under s. 48.715 (6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. Except as provided under s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those juveniles. A license issued under this subsection, other than a license to operate a foster home, treatment foster home or secured child caring institution, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home or secured child caring institution may be for any term not to exceed 2 years from the date of issuance. No license issued under this subsection is transferable.

237,154m Section 154m. 48.66 (2) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

48.66 (2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are individuals be provided and that the federal employer identification numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are not individuals be provided.

237,155m Section 155m. 48.66 (2m) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

48.66 (2m) (a) The department of health and family services shall require each applicant for a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is an individual, and the department of corrections shall require each applicant for a license under sub. (1) to operate a secured child caring institution who is an individual, to provide that department with his or her the applicant's social security number, and shall require each applicant for a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to renew continue the license.

(b) The department of health and family services and the department of corrections may not issue or renew continue a license specified in par. (a) under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is an individual unless the applicant has provided his or her the applicant's social security number to that department and may not issue or continue a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to that department.

(c) The department of health and family services and the department of corrections may disclose a social security number may not disclose any information obtained under par. (a) only to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the department of workforce development under s. 49.22 (2m).

237,155p Section 155p. 48.66 (2m) (am) of the statutes is created to read:

48.66 (2m) (am) The department of corrections shall require each applicant for a license under sub. (1) to operate a secured child caring institution who is an individual to provide that department with the applicant's social security number when initially applying for or applying to renew the license.

237,155r Section 155r. 48.66 (2m) (bm) of the statutes is created to read:

48.66 (2m) (bm) The department of corrections may not issue or renew a license under sub. (1) to operate a secured child caring institution to or for an applicant who is an individual unless the applicant has provided the applicant's social security number to that department.

237,155t Section 155t. 48.66 (2m) (cm) of the statutes is created to read:

48.66 (2m) (cm) The department of corrections may not disclose any information obtained under par. (am) to any person except on the request of the department of workforce development under s. 49.22 (2m).

237,156 Section 156 . 48.685 (1) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

48.685 (1) (a) “Client" means a child who receives direct care or treatment services from an entity.

237,157 Section 157 . 48.685 (1) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

48.685 (1) (b) “Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); or a day care provider that is certified under s. 48.651.

237,157m Section 157m. 48.685 (1) (bg) of the statutes is created to read:

48.685 (1) (bg) “Foster home" includes a placement for adoption under s. 48.833 of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.

237,157p Section 157p. 48.685 (1) (d) of the statutes is created to read:

48.685 (1) (d) “Treatment foster home" includes a placement for adoption under s. 48.833 of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.

237,158 Section 158 . 48.685 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

48.685 (2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity or continue the license of a person to operate an entity, and, except as provided in par. (ad) and sub. (5), a county department may not certify a day care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62 and a school board may not contract with a person under s. 120.13 (14), if the department, county department, child welfare agency or school board knows or should have known any of the following:

237,159 Section 159 . 48.685 (2) (ad) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

48.685 (2) (ad) A The department, a county department or a child welfare agency may license a foster home or treatment foster home under s. 48.62, a county department may certify a day care provider under s. 48.651 and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in par. (am) indicating that the person is not ineligible to be certified or contracted with for a reason specified in par. (a) 1. to 5.

237,160 Section 160 . 48.685 (2) (am) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

48.685 (2) (am) (intro.) Subject to subd. 5. and par. (bd), the department, a county department, a child welfare agency or a school board shall obtain all of the following with respect to a person specified under par. (a) (intro.) and a person specified under par. (ag) (intro.) who is a nonclient resident or prospective nonclient resident of an entity:

237,161 Section 161 . 48.685 (2) (am) 5. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

48.685 (2) (am) 5. Information maintained by the department under this section, and under section ss. 48.651 (2m) and under s., 48.75 (1m) and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification or a contract to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment or permission to reside as described in this subdivision, the department, a county department, a child welfare agency or a school board need not obtain the information specified in subds. 1. to 4.

237,162 Section 162 . 48.685 (2) (b) 1. (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read: