AB768: Bill Text

AB768, s. 689 Section 689. 938.33 (4m) (intro.) of the statutes is amended to read:

AB768,319,10 938.33 (4m) Support recommendations; information to parents. (intro.) In making a recommendation for an amount of child support under sub. (3) or (4), the agency shall consider the factors that the court considers under s. 46.10 301.12 (14) (c) for deviation from the percentage standard. At or before the dispositional hearing under s. 938.335, the agency shall provide the juvenile's parent with all of the following:

AB768, s. 690 Section 690. 938.33 (4m) (b) of the statutes is amended to read:

AB768,319,13 938.33 (4m) (b) A written explanation of how the parent may request that the court modify the amount of child support under s. 46.10 301.12 (14) (c).

AB768, s. 691 Section 691. 938.355 (2) (b) 6. of the statutes is amended to read:

AB768,319,23 938.355 (2) (b) 6. If the juvenile is placed outside the home and if sub. (2d) does not apply, the court's finding as to whether a county department which provides social services or the agency primarily responsible for the provision of providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, or, if applicable, that the court's finding as to whether the agency primarily responsible for the provision of providing services under a court order has made reasonable efforts to make it possible for the juvenile to return safely to his or her home.

AB768, s. 692 Section 692. 938.355 (2b) of the statutes is created to read:

AB768,320,8 938.355 (2b) Concurrent reasonable efforts permitted. A county department that provides social services or the agency primarily responsible for providing services to a juvenile under a court order may, at the same time as the county department or agency is making the reasonable efforts required under sub. (2) (b) 6., work with the department of health and family services, a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place the juvenile for adoption, with a guardian or in some other alternative permanent placement.

AB768, s. 693 Section 693. 938.355 (2c) (a) (intro.) of the statutes is amended to read:

AB768,320,16 938.355 (2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as to whether a county department which provides social services or the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to prevent the removal of the juvenile from his or her home, while assuring that the juvenile's health and safety are the paramount concerns, the court's consideration of reasonable efforts shall include, but not be limited to, whether:

AB768, s. 694 Section 694. 938.355 (2c) (a) 1. of the statutes is amended to read:

AB768,320,20 938.355 (2c) (a) 1. A comprehensive assessment of the family's situation was completed, including a determination of the likelihood of protecting the juvenile's health, safety and welfare effectively in the home.

AB768, s. 695 Section 695. 938.355 (2c) (b) of the statutes is amended to read:

AB768,321,3 938.355 (2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to make it possible for the juvenile to return safely to his or her home, the court's consideration of reasonable efforts shall include, but not be limited to, the considerations listed under par. (a) 1. to 5. and whether visitation schedules between the juvenile and his or her parents were implemented, unless visitation was denied or limited by the court.

AB768, s. 696 Section 696. 938.355 (2d) of the statutes is created to read:

AB768,321,5 938.355 (2d) Reasonable efforts not required. (a) In this subsection:

AB768,321,9 1. "Aggravated circumstances" include abandonment 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, torture, chronic abuse and sexual abuse.

AB768,321,13 2. "Sexual abuse" means a violation of s. 940.225, 944.30, 948.02, 948.025, 948.05, 948.055, 948.06, 948.09 or 948.10 or a violation of the law of any other state or federal law if that violation would be a violation of s. 940.225, 944.30, 948.02, 948.025, 948.05, 948.055, 948.06, 948.09 or 948.10 if committed in this state.

AB768,321,23 (b) Notwithstanding sub. (2) (b) 6., the court need not include in a dispositional order a finding as to whether a county department which provides social services or the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a juvenile to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, or, if applicable, a finding as to whether the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a juvenile to make it possible for the juvenile to return safely to his or her home, if the court finds, as evidenced by a final judgment of conviction, any of the following:

AB768,321,24 1. That the parent has subjected the juvenile to aggravated circumstances.

AB768,322,5 2. 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.

AB768,322,12 3. 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. 938.22 (14), or in substantial bodily harm, as defined in s. 938.22 (38), to the juvenile or another child of the parent.

AB768,322,14 4. That the parental rights of the parent to another child have been involuntarily terminated.

AB768,322,19 (c) If the court makes a finding specified in par. (b) 1., 2., 3., or 4., the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

AB768, s. 697 Section 697. 938.357 (2r) of the statutes, as created by 1997 Wisconsin Act .... (Assembly Bill 266), is amended to read:

AB768,323,10 938.357 (2r) If a hearing is held under sub. (1) or (2m) and the change in placement would remove a juvenile from a foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit give the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) 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 relating to the juvenile and the requested change in placement. Any written or oral statement made under this subsection 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. (1) or (2m) 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.

AB768, s. 698 Section 698. 938.357 (5m) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

AB768,323,23 938.357 (5m) If a proposed change in placement changes a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and listing the factors that a court may consider under s. 46.10 301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 46.10 301.12 (14).

AB768, s. 699 Section 699. 938.36 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,324,15 938.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the juvenile by a disposition made under s. 938.183, 938.34 or 938.345 or by a change in placement under s. 938.357, the duty of the parent or guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the juvenile shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department of corrections, or a county department under s. 46.215, 46.22, or 46.23, 51.42 or 51.437, shall be determined under s. 46.10 301.12 (14). Support payments for residential services, when purchased or otherwise funded by the department of health and family services, or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10 (14).

AB768, s. 700 Section 700. 938.36 (2) of the statutes is amended to read:

AB768,324,23 938.36 (2) If a juvenile whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost thereof, if ordered by the court, shall be a charge upon the county. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay. This subsection is subject to s. 46.03 301.03 (18).

AB768, s. 701 Section 701. 938.363 (1m) of the statutes, as affected by 1997 Wisconsin Acts 35 and .... (Assembly Bill 266), is amended to read:

AB768,325,13 938.363 (1m) If a hearing is held under sub. (1), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall permit give a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile 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 revision. Any written or oral statement made under this subsection 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. (1) 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.

AB768, s. 702 Section 702. 938.365 (1) of the statutes is amended to read:

AB768,325,23 938.365 (1) In this section, "2 or more years" means a period of time that begins with the first placement of the juvenile a juvenile is considered to have been placed outside of his or her home pursuant to an order under this section or s. 938.345, 938.357 or 938.363 and includes any period of time in which the juvenile returned home, unless the periods of time at home account for the majority of the time since the first placement on the date on which the juvenile was first placed outside of his or her home pursuant to an order under this section or s. 938.345, 938.357 or 938.363 or on the date that is 60 days after the date on which the juvenile was removed from his or her home, whichever is earlier.

AB768, s. 703 Section 703. 938.365 (2g) (b) 2. of the statutes is amended to read:

AB768,326,7 938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, a description of efforts to return the juvenile safely to his or her home, including efforts of the parents to remedy factors which contributed to the juvenile's placement and, if continued placement outside of the juvenile's home is recommended, an explanation of why returning the juvenile to his or her home is not safe or feasible.

AB768, s. 704 Section 704. 938.365 (2g) (b) 3. of the statutes is amended to read:

AB768,326,24 938.365 (2g) (b) 3. If the juvenile has been placed outside of his or her home for 2 or more years 15 of the most recent 22 months, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the juvenile. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the juvenile and whether or not the juvenile should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the juvenile be registered with the adoption information exchange or report the reason why registering the juvenile is contrary to the best interest of the juvenile.

AB768, s. 705 Section 705. 938.365 (2m) (a) of the statutes is amended to read:

AB768,327,6 938.365 (2m) (a) Any party may present evidence relevant to the issue of extension. The court shall make findings of fact and conclusions of law based on the evidence, including. Subject to s. 938.355 (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 juvenile to make it possible for the juvenile to return safely to his or her home. An order shall be issued under s. 938.355.

AB768, s. 706 Section 706. 938.365 (2m) (ag) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 266), is amended to read:

AB768,327,20 938.365 (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 juvenile 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.

AB768, s. 707 Section 707. 938.38 (3) (intro.) of the statutes is amended to read:

AB768,327,25 938.38 (3) Time. (intro.) The Subject to s. 938.355 (2d) (c), the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first held in physical custody or placed outside of his or her home under a court order, except under either of the following conditions:

AB768, s. 708 Section 708. 938.38 (4) (a) of the statutes is amended to read:

AB768,328,8 938.38 (4) (a) The services offered and any service provided in an effort to prevent holding or placing the juvenile outside of his or her home , while assuring that the health and safety of the juvenile are the paramount concerns, and to make it possible for the juvenile 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 juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.

AB768, s. 709 Section 709. 938.38 (4) (bm) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB768,328,13 938.38 (4) (bm) The availability of a safe and appropriate placement with a relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, why placement with the relative is not safe or appropriate.

AB768, s. 710 Section 710. 938.38 (4) (e) of the statutes is amended to read:

AB768,328,19 938.38 (4) (e) The safety and appropriateness of the placement and of the services provided to meet the needs of the juvenile 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 juvenile or, if available, why such services are not safe or appropriate.

AB768, s. 711 Section 711. 938.38 (4) (f) 1. of the statutes is amended to read:

AB768,328,22 938.38 (4) (f) 1. Ensure proper care and treatment of the juvenile and promote safety and stability in the placement.

AB768, s. 712 Section 712. 938.38 (4) (f) 3. of the statutes is amended to read:

AB768,329,3 938.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe return of the juvenile to his or her home, or, if appropriate, obtain an alternative permanent placement for the juvenile.

AB768, s. 713 Section 713. 938.38 (4) (fm) of the statutes is created to read:

AB768,329,8 938.38 (4) (fm) If the permanency plan calls for placing the juvenile for adoption, with a guardian or in some other alternative permanent placement, the efforts made to place the juvenile for adoption, with a guardian or in some other alternative permanent placement.

AB768, s. 714 Section 714. 938.38 (4) (g) of the statutes is amended to read:

AB768,329,12 938.38 (4) (g) The conditions, if any, upon which the juvenile will be returned safely to his or her home, including any changes required in the parents' conduct, the juvenile's conduct or the nature of the home.

AB768, s. 715 Section 715. 938.38 (5) (b) of the statutes is amended to read:

AB768,330,2 938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile if he or she is 10 years of age or older and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility in which the juvenile 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 juvenile's counsel and the juvenile'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 juvenile's case record.

AB768, s. 716 Section 716. 938.38 (5) (c) 1. of the statutes is amended to read:

AB768,330,5 938.38 (5) (c) 1. The continuing necessity for and the safety and appropriateness of the placement.

AB768, s. 717 Section 717. 938.38 (5) (c) 4. of the statutes is amended to read:

AB768,330,9 938.38 (5) (c) 4. The progress toward eliminating the causes for the juvenile's placement outside of his or her home and toward returning the juvenile safely to his or her home or obtaining a permanent placement for the juvenile.

AB768, s. 718 Section 718. 938.38 (5) (c) 5. of the statutes is amended to read:

AB768,330,14 938.38 (5) (c) 5. The date by which it is likely that the juvenile 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.

AB768, s. 719 Section 719. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:

AB768,330,19 938.38 (5) (c) 6. (intro.) If the juvenile has been placed outside of his or her home for 2 years or more, as described in s. 938.365 (1), for 15 of the most recent 22 months, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:

AB768, s. 720 Section 720. 938.38 (5) (c) 6. a. of the statutes is amended to read:

AB768,330,21 938.38 (5) (c) 6. a. Being returned safely to his or her home.

AB768, s. 721 Section 721. 938.38 (5) (c) 7. of the statutes is amended to read:

AB768,331,2 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the juvenile 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 juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.

AB768, s. 722 Section 722. 938.38 (6) (c) of the statutes is amended to read:

AB768,331,7 938.38 (6) (c) Standards for reasonable efforts to prevent placement of juveniles outside of their homes, while assuring that their health and safety are the paramount concerns, and to make it possible for juveniles to return safely to their homes if they have been placed outside of their homes.

AB768, s. 723 Section 723. 1997 Wisconsin Act 27, section 9132 (1xyg) is amended to read:

AB768,331,14 [1997 Wisconsin Act 27] Section 9132 (1xyg) Study of state centers for the developmentally disabled. The department of health and family services shall conduct a study on the future of the state centers for the developmentally disabled and, by September 1, 1998 March 1, 1999, shall submit a report containing the department's findings and conclusions in the manner provided under section 13.172 (2) of the statutes and to the governor.

AB768, s. 724 Section 724. 1997 Wisconsin Act 27, section 9137 (4eq) (a) is amended to read:

AB768,331,23 [1997 Wisconsin Act 27] Section 9137 (4eq) (a) During the 1997-99 fiscal biennium, from the appropriation under section 20.370 (2) (da) of the statutes, as created by this act, the department of natural resources shall make a payment to each person who received a waste tire reimbursement grant under sections NR 555.08 to 555.12, Wisconsin Administrative Code, for waste tires used during 1995 if the grant was prorated. The payment may not exceed the amount by which the grant was reduced because it was prorated. The total amount of the payments under this paragraph may not exceed $1,135,700 $1,186,200.

AB768, s. 725 Section 725. 1997 Wisconsin Act 27, section 9143 (2e) is repealed.

AB768, s. 726 Section 726. 1997 Wisconsin Act 27, section 9256 (3x) (d) 2. b. is amended to read:

AB768,332,5 [1997 Wisconsin Act 27] Section 9256 (3x) (d) 2. b. The difference between $175,000,000 $111,000,000 and the amount transferred to the property tax relief fund under paragraph (c) 2.

AB768, s. 727 Section 727. 1997 Wisconsin Act 27, section 9256 (3x) (e) 2. b. is amended to read:

AB768,332,10 [1997 Wisconsin Act 27] Section 9256 (3x) (e) 2. b. The difference between $175,000,000 $111,000,000 and the amounts transferred to the property tax relief fund under paragraphs (c) 2. and (d) 2.

AB768, s. 9109 Section 9109. Nonstatutory provisions; circuit courts.

AB768,332,12 (1) Termination of parental rights.

AB768,332,13 (a) Continuing need of protection or services.

AB768,332,21 1. Notwithstanding section 48.415 (2) (b) 2. and (c) of the statutes, as affected by this act, no person may file a petition under section 48.42 (1) of the statutes for termination of parental rights on the grounds specified in section 48.415 (2) (b) 2. and (c) of the statutes, as affected by this act, unless the parent against whom the petition is filed has received the notice under section 48.356 (2) or 938.356 (2) of the statutes of the grounds for termination of parental rights under section 48.415 (2) (b) 2. and (c) of the statutes, as affected by this act, and 6 months or longer have elapsed since the date of that notice.