,11997 Wis. Act , s. 119
Section 119.
48.365 (2m) (a) of the statutes is amended to read:
97 Wis. Act , s. 119 - continued
48.365 (2m) (a) Any party may present evidence relevant to the issue of extension. The judge shall make findings of fact and conclusions of law based on the evidence, including. Subject to s. 48.355 (2d), the findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the child to make it possible for the child to return safely to his or her home. An order shall be issued under s. 48.355.
,12097 Wis. Act , s. 120
Section 120.
48.365 (2m) (ag) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read:
97 Wis. Act , s. 120 - continued
48.365 (2m) (ag) In addition to any evidence presented under par. (a), the court shall permit give a 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 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 issue of extension. Any written or oral statement made under this paragraph shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (2) 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.
,12197 Wis. Act , s. 121
Section 121.
48.38 (3) of the statutes is amended to read:
97 Wis. Act , s. 121 - continued
48.38 (3) TIME. The Subject to s. 48.355 (2d) (c), the agency shall file the permanency plan with the court within 60 days after the date on which the child was first held in physical custody or placed outside of his or her home under a court order, except that if the child is held for less than 60 days in a secure detention facility, juvenile portion of a county jail or a shelter care facility, no permanency plan is required if the child is returned to his or her home within that period.
,12297 Wis. Act , s. 122
Section 122.
48.38 (4) (a) of the statutes is amended to read:
97 Wis. Act , s. 122 - continued
48.38 (4) (a) The services offered and any service provided in an effort to prevent holding or placing the child outside of his or her home, while assuring that the health and safety of the child are the paramount concerns, and to make it possible for the child to return safely home, except that the permanency plan need not include a description of those services offered or provided 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.
,12397 Wis. Act , s. 123
Section 123.
48.38 (4) (bm) of the statutes is amended to read:
97 Wis. Act , s. 123 - continued
48.38 (4) (bm) The availability of a safe and appropriate placement with a relative of the child and, if a decision is made not to place the child with an available relative, why placement with the relative is not safe or appropriate.
,12497 Wis. Act , s. 124
Section 124.
48.38 (4) (e) of the statutes is amended to read:
97 Wis. Act , s. 124 - continued
48.38 (4) (e) The safety and appropriateness of the placement and of the services provided to meet the needs of the child and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the child or, if available, why such services are not safe or appropriate.
,12597 Wis. Act , s. 125
Section 125.
48.38 (4) (f) 1. of the statutes is amended to read:
97 Wis. Act , s. 125 - continued
48.38 (4) (f) 1. Ensure proper care and treatment of the child and promote safety and stability in the placement.
,12697 Wis. Act , s. 126
Section 126.
48.38 (4) (f) 3. of the statutes is amended to read:
97 Wis. Act , s. 126 - continued
48.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe return of the child to his or her home, or, if appropriate, obtain an alternative permanent placement for the child.
,12797 Wis. Act , s. 127
Section 127.
48.38 (4) (fm) of the statutes is created to read:
97 Wis. Act , s. 127 - continued
48.38 (4) (fm) If the permanency plan calls for placing the child for adoption, with a guardian or in some other alternative permanent placement, the efforts made to place the child for adoption, with a guardian or in some other alternative permanent placement.
,12897 Wis. Act , s. 128
Section 128.
48.38 (4) (g) of the statutes is amended to read:
97 Wis. Act , s. 128 - continued
48.38 (4) (g) The conditions, if any, upon which the child will be returned safely to his or her home, including any changes required in the parents' conduct, the child's conduct or the nature of the home.
,12997 Wis. Act , s. 129
Section 129.
48.38 (5) (b) of the statutes is amended to read:
97 Wis. Act , s. 129 - continued
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 have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review and of the fact that they may participate in or by participating at 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.
,13097 Wis. Act , s. 130
Section 130.
48.38 (5) (c) 1. of the statutes is amended to read:
97 Wis. Act , s. 130 - continued
48.38 (5) (c) 1. The continuing necessity for and the safety and appropriateness of the placement.
,13197 Wis. Act , s. 131
Section 131.
48.38 (5) (c) 4. of the statutes is amended to read:
97 Wis. Act , s. 131 - continued
48.38 (5) (c) 4. The progress toward eliminating the causes for the child's placement outside of his or her home and toward returning the child safely to his or her home or obtaining a permanent placement for the child.
,13297 Wis. Act , s. 132
Section 132.
48.38 (5) (c) 5. of the statutes is amended to read:
97 Wis. Act , s. 132 - continued
48.38 (5) (c) 5. The date by which it is likely that the child will be returned to his or her home, or placed for adoption, placed under legal guardianship or otherwise permanently placed with a guardian or in some other alternative permanent placement.
,13397 Wis. Act , s. 133
Section 133.
48.38 (5) (c) 6. (intro.), a., b. and c. of the statutes are amended to read:
97 Wis. Act , s. 133 - continued
48.38 (5) (c) 6. (intro.) If the child has been placed outside of his or her home for 2 years or more, as described in s. 48.365 (1), for 15 of the most recent 22 months, the appropriateness of the permanency plan and the circumstances which prevent the child from any of the following:
97 Wis. Act , s. 133 - continued
a. Being returned safely to his or her home;.
97 Wis. Act , s. 133 - continued
b. Having a petition for the involuntary termination of parental rights filed on behalf of the child;.
97 Wis. Act , s. 133 - continued
c. Being placed for adoption; or.
,13497 Wis. Act , s. 134
Section 134.
48.38 (5) (c) 7. of the statutes is amended to read:
97 Wis. Act , s. 134 - continued
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.
,13597 Wis. Act , s. 135
Section 135.
48.38 (6) (c) of the statutes is amended to read:
97 Wis. Act , s. 135 - continued
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.
,13697 Wis. Act , s. 136
Section 136.
48.415 (1) (a) (intro.) of the statutes is amended to read:
97 Wis. Act , s. 136 - continued
48.415 (1) (a) (intro.) Abandonment, which, subject to par. (c), shall be established by proving that any of the following:
,13797 Wis. Act , s. 137
Section 137.
48.415 (1) (a) 1. of the statutes is amended to read:
97 Wis. Act , s. 137 - continued
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;.
,13897 Wis. Act , s. 138
Section 138.
48.415 (1) (a) 1m. of the statutes is amended to read:
97 Wis. Act , s. 138 - continued
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;.
,139m97 Wis. Act , s. 139m
Section 139m.
48.415 (1) (a) 1r. of the statutes is created to read:
97 Wis. Act , s. 139m - continued
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.
,14097 Wis. Act , s. 140
Section 140.
48.415 (1) (a) 2. of the statutes is amended to read:
97 Wis. Act , s. 140 - continued
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.
,14197 Wis. Act , s. 141
Section 141.
48.415 (2) (b) 1. of the statutes is amended to read:
97 Wis. Act , s. 141 - continued
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.
,14297 Wis. Act , s. 142
Section 142.
48.415 (2) (b) 2. of the statutes is amended to read:
97 Wis. Act , s. 142 - continued
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.
,14397 Wis. Act , s. 143
Section 143.
48.415 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read:
97 Wis. Act , s. 143 - continued
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.
,14497 Wis. Act , s. 144
Section 144.
48.415 (9m) (b) of the statutes is repealed and recreated to read:
97 Wis. Act , s. 144 - continued
48.415 (9m) (b) In this subsection, "serious felony" means any of the following:
97 Wis. Act , s. 144 - continued
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.
97 Wis. Act , s. 144 - continued
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.
97 Wis. Act , s. 144 - continued
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.
,14597 Wis. Act , s. 145
Section 145.
48.417 of the statutes is created to read:
97 Wis. Act , s. 145 - continued
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:
97 Wis. Act , s. 145 - continued
(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.
97 Wis. Act , s. 145 - continued
(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.
97 Wis. Act , s. 145 - continued
(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.
97 Wis. Act , s. 145 - continued
(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.
97 Wis. Act , s. 145 - continued
(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:
97 Wis. Act , s. 145 - continued
(a) The child is being cared for by a relative of the child.
97 Wis. Act , s. 145 - continued
(b) The child's permanency plan indicates that termination of parental rights to the child is not in the best interests of the child.
97 Wis. Act , s. 145 - continued
(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.
97 Wis. Act , s. 145 - continued
(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.
97 Wis. Act , s. 145 - continued
(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.
,14697 Wis. Act , s. 146
Section 146.
48.42 (2g) (am) of the statutes is created to read:
97 Wis. Act , s. 146 - continued
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.
,14797 Wis. Act , s. 147
Section 147.
48.42 (2g) (b) of the statutes, as created by 1997 Wisconsin Act 80, is amended to read:
97 Wis. Act , s. 147 - continued
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.
,14897 Wis. Act , s. 148
Section 148.
48.425 (1) (c) of the statutes is amended to read:
97 Wis. Act , s. 148 - continued
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.
,14997 Wis. Act , s. 149
Section 149.
48.425 (1) (d) of the statutes is amended to read:
97 Wis. Act , s. 149 - continued
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.
,15097 Wis. Act , s. 150
Section 150.
48.427 (1m) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read:
97 Wis. Act , s. 150 - continued
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.
,15197 Wis. Act , s. 151
Section 151.
48.43 (1) (d) of the statutes is created to read:
97 Wis. Act , s. 151 - continued
48.43 (1) (d) A finding that the termination of parental rights is in the best interests of the child.
,151m97 Wis. Act , s. 151m
Section 151m.
48.561 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
97 Wis. Act , s. 151m - continued
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.
,151p97 Wis. Act , s. 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:
97 Wis. Act , s. 151p - continued
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.
,152m97 Wis. Act , s. 152m
Section 152m.
48.57 (3m) (ar) of the statutes is created to read:
97 Wis. Act , s. 152m - continued
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.
,153m97 Wis. Act , s. 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: