Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,198,25 48.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to counsel under s. 48.23 regardless of ability to pay, the right to confront and cross-examine witnesses and the right to present witnesses.

AB133-ASA1-CA1, s. 1130r Section 1130r. 48.23 (2) of the statutes is renumbered 48.23 (2) (a) and amended to read:

AB133-ASA1-CA1,199,12 48.23 (2) (a) Whenever a child is alleged to be in need of protection or services under s. 48.13 or is the subject of a proceeding involving a contested adoption or the involuntary termination of parental rights, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel. A minor parent petitioning for the voluntary termination of parental rights shall be represented by a guardian ad litem. If a proceeding involves a contested adoption or the involuntary termination of parental rights, any parent 18 years old or older who appears before the court shall be represented by counsel; but the parent may waive counsel provided the court is satisfied such waiver is knowingly and voluntarily made.

AB133-ASA1-CA1, s. 1130t Section 1130t. 48.23 (2) (b) of the statutes is created to read:

AB133-ASA1-CA1,199,22 48.23 (2) (b) If a petition under s. 48.13 is contested, no child may be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the child may not be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the hearing at which the placement is made. A parent who is required under this paragraph to be represented by counsel may, however, waive counsel if the court is satisfied that such waiver is knowingly and voluntarily made, and the court may place the child outside the home even though the parent was not represented by counsel.

AB133-ASA1-CA1, s. 1130v Section 1130v. 48.23 (3) of the statutes is amended to read:

AB133-ASA1-CA1,200,3 48.23 (3) Power of the court to appoint counsel. Except in proceedings under s. 48.13, at At any time, upon request or on its own motion, the court may appoint counsel for the child or any party, unless the child or the party has or wishes to retain counsel of his or her own choosing. The court may not appoint counsel for any party other than the child in a proceeding under s. 48.13.

AB133-ASA1-CA1, s. 1130x Section 1130x. 48.23 (4) of the statutes is amended to read:

AB133-ASA1-CA1,201,2 48.23 (4) Providing counsel. In any situation under this section in which a person child has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person child to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. If the referral is of a person child who has filed a petition under s. 48.375 (7), the state public defender shall appoint counsel within 24 hours after that referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue to represent the child in any appeal brought under s. 809.105 unless the child requests substitution of counsel or extenuating circumstances make it impossible for counsel to continue to represent the child. In any situation under sub. (2) or (2m) in which a parent 18 years of age or over or an adult expectant mother is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent or adult expectant mother is unable to afford counsel in full, or the parent or adult expectant mother so indicates; the court shall refer the parent or adult expectant mother to the authority for indigency determinations specified under s. 977.07 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named as the respondent in that petition.".

AB133-ASA1-CA1,201,3 695. Page 645, line 22: after that line insert:

AB133-ASA1-CA1,201,4 " Section 1131c. 48.207 (1) (a) of the statutes is amended to read:

AB133-ASA1-CA1,201,12 48.207 (1) (a) The home of a parent or guardian, except that a child may not be held in the home of a parent or guardian if the parent or guardian has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.

AB133-ASA1-CA1, s. 1131cf Section 1131cf. 48.207 (1) (b) of the statutes is amended to read:

AB133-ASA1-CA1,201,21 48.207 (1) (b) The home of a relative, except that a child may not be held in the home of a relative if the relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.".

AB133-ASA1-CA1,201,22 696. Page 645, line 22: after that line insert:

AB133-ASA1-CA1,201,23 " Section 1131d. 48.02 (17) of the statutes is amended to read:

AB133-ASA1-CA1,202,3 48.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the department under s. 48.66 (1) (a).".

AB133-ASA1-CA1,202,4 697. Page 646, line 3: after that line insert:

AB133-ASA1-CA1,202,5 " Section 1131h. 48.32 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,202,8 48.32 (2) (a) A consent decree shall remain in effect up to 6 months one year unless the child, parent, guardian, legal custodian or expectant mother is discharged sooner by the judge or juvenile court commissioner.".

AB133-ASA1-CA1,202,9 698. Page 646, line 3: after that line insert:

AB133-ASA1-CA1,202,10 " Section 1131m. 48.27 (4) (a) 2. of the statutes is amended to read:

AB133-ASA1-CA1,202,12 48.27 (4) (a) 2. Advise the child and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.".

AB133-ASA1-CA1,202,13 699. Page 646, line 3: after that line insert:

AB133-ASA1-CA1,202,14 " Section 1131h. 48.345 (3) (a) of the statutes is amended to read:

AB133-ASA1-CA1,202,22 48.345 (3) (a) The home of a parent or other relative of the child, except that the judge may not designate the home of a parent or other relative of the child as the child's placement if the parent or other relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the judge determines by clear and convincing evidence that the placement would be in the best interests of the child. The judge shall consider the wishes of the child in making that determination.

AB133-ASA1-CA1, s. 1131hd Section 1131hd. 48.345 (3) (b) of the statutes is amended to read:

AB133-ASA1-CA1,203,9 48.345 (3) (b) A home which need not be The home of a person who is not required to be licensed if placement is for less than 30 days, except that the judge may not designate the home of a person who is not required to be licensed as the child's placement if the person has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the judge determines by clear and convincing evidence that the placement would be in the best interests of the child. The judge shall consider the wishes of the child in making that determination.

AB133-ASA1-CA1, s. 1131i Section 1131i. 48.355 (3) of the statutes is renumbered 48.355 (3) (a) and amended to read:

AB133-ASA1-CA1,203,15 48.355 (3) (a) If Except as provided in par. (b), if, after a hearing on the issue with due notice to the parent or guardian, the judge court finds that it would be in the best interest of the child, the judge court may set reasonable rules of parental visitation.

AB133-ASA1-CA1, s. 1131id Section 1131id. 48.355 (3) (b) of the statutes is created to read:

AB133-ASA1-CA1,203,21 48.355 (3) (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a parent of a child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

AB133-ASA1-CA1,204,5 1m. Except as provided in subd. 2., if a parent who is granted visitation rights with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

AB133-ASA1-CA1,204,8 2. Subdivisions 1. and 1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

AB133-ASA1-CA1, s. 1131ir Section 1131ir. 48.357 (4d) of the statutes is created to read:

AB133-ASA1-CA1,204,14 48.357 (4d) (a) Except as provided in par. (b), the court may not change a child's placement to a placement in the home of a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, if the conviction has not been reversed, set aside or vacated.

AB133-ASA1-CA1,204,23 (am) Except as provided in par (b), if a parent in whose home a child is placed is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall change the child's placement to a placement out of the home of the parent on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

AB133-ASA1-CA1,205,3 (b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.".

AB133-ASA1-CA1,205,4 700. Page 647, line 9: after that line insert:

AB133-ASA1-CA1,205,5 " Section 1131p. 48.415 (8) of the statutes is amended to read:

AB133-ASA1-CA1,205,18 48.415 (8) Intentional or reckless homicide Homicide or solicitation to commit homicide of parent. Intentional or reckless Homicide or solicitation to commit homicide of a parent, which shall be established by proving that a parent of the child has been a victim of first-degree intentional homicide in violation of s. 940.01, first-degree reckless homicide in violation of s. 940.02 or 2nd-degree intentional homicide in violation of s. 940.05 or a crime under federal law or the law of any other state that is comparable to a crime specified in this subsection any of those crimes, or has been the intended victim of a solicitation to commit first-degree intentional homicide in violation of s. 939.30 or a crime under federal law or the law of any other state that is comparable to that crime, and that the person whose parental rights are sought to be terminated has been convicted of that intentional or reckless homicide, solicitation or crime under federal law or the law of any other state as evidenced by a final judgment of conviction.".

AB133-ASA1-CA1,205,19 701. Page 647, line 9: after that line insert:

AB133-ASA1-CA1,205,20 " Section 1131p. 48.42 (1m) (b) of the statutes is amended to read:

AB133-ASA1-CA1,206,2 48.42 (1m) (b) The Subject to par. (e), the court may issue the temporary order ex parte or may refuse to issue the temporary order and hold a hearing on whether to issue an injunction. The temporary order is in effect until a hearing is held on the issuance of an injunction. The court shall hold a hearing on the issuance of an injunction on or before the date of the hearing on the petition to terminate parental rights under s. 48.422 (1).

AB133-ASA1-CA1, s. 1131pd Section 1131pd. 48.42 (1m) (c) of the statutes is amended to read:

AB133-ASA1-CA1,206,10 48.42 (1m) (c) Notwithstanding any other order under s. 48.355 (3), the court, subject to par. (e), may grant an injunction prohibiting the respondent from visiting or contacting the child if the court determines that the prohibition would be in the best interests of the child. An injunction under this subsection is effective according to its terms but may not remain in effect beyond the date the court dismisses the petition for termination of parental rights under s. 48.427 (2) or issues an order terminating parental rights under s. 48.427 (3).

AB133-ASA1-CA1, s. 1131pg Section 1131pg. 48.42 (1m) (e) of the statutes is created to read:

AB133-ASA1-CA1,206,17 48.42 (1m) (e) 1. Except as provided in subd. 2., the court shall issue a temporary order and injunction prohibiting a parent of a child from visitation or contact with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

AB133-ASA1-CA1,206,20 2. Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation or contact would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

AB133-ASA1-CA1, s. 1131pm Section 1131pm. 48.428 (6) of the statutes is renumbered 48.428 (6) (a) and amended to read:

AB133-ASA1-CA1,206,24 48.428 (6) (a) The Except as provided in par. (b), the court may order or prohibit visitation by a birth parent of a child placed in sustaining care.

AB133-ASA1-CA1, s. 1131pp Section 1131pp. 48.428 (6) (b) of the statutes is created to read:

AB133-ASA1-CA1,207,6 48.428 (6) (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a birth parent of a child who has been placed in sustaining care if the birth parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other birth parent, and the conviction has not been reversed, set aside or vacated.

AB133-ASA1-CA1,207,15 1m. Except as provided in subd. 2., if a birth parent who is granted visitation rights with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other birth parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the birth parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the birth parent.

AB133-ASA1-CA1,207,18 2. Subdivisions 1. and 1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.".

AB133-ASA1-CA1,207,19 702. Page 647, line 21: after that line insert:

AB133-ASA1-CA1,207,20 " Section 1134h. 48.48 (17) (a) 10. of the statutes is amended to read:

AB133-ASA1-CA1,207,22 48.48 (17) (a) 10. Administer kinship care and long-term kinship care as provided in s. 48.57 (3m), (3n), (3o) and (3p).".

AB133-ASA1-CA1,207,23 703. Page 647, line 21: after that line insert:

AB133-ASA1-CA1,207,24 " Section 1132d. 48.48 (9) of the statutes is amended to read:

AB133-ASA1-CA1,208,3 48.48 (9) To license foster homes or treatment foster homes as provided in s. 48.66 (1) (a) 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.

AB133-ASA1-CA1, s. 1133d Section 1133d. 48.48 (9m) of the statutes is amended to read:

AB133-ASA1-CA1,208,5 48.48 (9m) To license shelter care facilities as provided in s. 48.66 (1) (a).

AB133-ASA1-CA1, s. 1134d Section 1134d. 48.48 (10) of the statutes is amended to read:

AB133-ASA1-CA1,208,8 48.48 (10) To license child welfare agencies and day care centers as provided in s. 48.66 (1) (a).".

AB133-ASA1-CA1,208,9 704. Page 649, line 21: after that line insert:

AB133-ASA1-CA1,208,10 " Section 1142g. 48.57 (3m) (f) of the statutes is amended to read:

AB133-ASA1-CA1,208,17 48.57 (3m) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition any of the conditions specified in par. (am) 1., 2., 5. or to 6. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.".

AB133-ASA1-CA1,208,18 705. Page 650, line 5: after that line insert:

AB133-ASA1-CA1,208,19 " Section 1143dm. 48.60 (2) (d) of the statutes is amended to read:

AB133-ASA1-CA1,208,21 48.60 (2) (d) A hospital, maternity hospital, maternity home, or nursing home or tuberculosis sanatorium licensed, approved or supervised by the department;".

AB133-ASA1-CA1,208,22 706. Page 650, line 5: after that line insert:

AB133-ASA1-CA1,208,23 " Section 1145g. 48.57 (3n) (f) of the statutes is amended to read:

AB133-ASA1-CA1,209,7 48.57 (3n) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition any of the conditions specified in par. (am) 1., 2., 5., 5m. or to 5r. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

AB133-ASA1-CA1, s. 1145h Section 1145h. 48.57 (3p) (fm) 1. of the statutes is amended to read:

AB133-ASA1-CA1,209,21 48.57 (3p) (fm) 1. The county department or, in a county having a population of 500,000 or more, the department of health and family services may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department or department of health and family services may not finally approve the making of payments under sub. (3m) unless the county department or department of health and family services receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. or payment is approved under par. (h) 4. The county department or department of health and family services may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB133-ASA1-CA1, s. 1145j Section 1145j. 48.57 (3p) (g) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,210,4 48.57 (3p) (g) (intro.) Except as provided in par. (h), the A county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

AB133-ASA1-CA1, s. 1145m Section 1145m. 48.57 (3p) (h) of the statutes is repealed.

AB133-ASA1-CA1, s. 1145p Section 1145p. 48.57 (3t) of the statutes is amended to read:

AB133-ASA1-CA1,210,17 48.57 (3t) Notwithstanding subs. (3m), (3n) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n) and (3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.".

AB133-ASA1-CA1,210,18 707. Page 650, line 5: after that line insert:

AB133-ASA1-CA1,210,19 " Section 1145p. 48.57 (3o) of the statutes is created to read:

AB133-ASA1-CA1,210,20 48.57 (3o) (a) In this subsection:

AB133-ASA1-CA1,210,21 1. "Kinship care relative" has the meaning given in sub. (3m) (a).

AB133-ASA1-CA1,210,22 2. "Long-term kinship care relative" has the meaning given in sub. (3n) (a).

AB133-ASA1-CA1,211,6 (b) From the appropriation under s. 20.435 (3) (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative or a long-term kinship care relative who is providing care and maintenance for a person if the person meets all of the following conditions:

AB133-ASA1-CA1,211,7 1. The person is 18 years of age or over.

AB133-ASA1-CA1,211,9 2. The person is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.