SB345: Bill Text

SB345,7,23 48.355 (2d) (b) 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, as evidenced by a final judgment of conviction, 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.

SB345, s. 14 Section 14. 48.355 (2d) (b) 4. of the statutes is amended to read:

SB345,8,3 48.355 (2d) (b) 4. That the parental rights of the parent to another child have been involuntarily terminated, as evidenced by a final order of a court of competent jurisdiction terminating those parental rights.

SB345, s. 15 Section 15. 48.355 (2d) (d) of the statutes is created to read:

SB345,8,9 48.355 (2d) (d) 1. If a hearing is held under par. (c), at least 10 days before the date of the hearing the court shall notify the child, if 12 years of age or over, any parent, guardian and legal custodian of the child and any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child of the time, place and purpose of the hearing.

SB345,8,20 2. 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 subd. 1. 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. Any written or oral statement made under this subdivision shall be made upon oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. and an opportunity to be heard under this subdivision 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.

SB345, s. 16 Section 16. 48.38 (4) (am) of the statutes is created to read:

SB345,8,25 48.38 (4) (am) Any efforts to place the child for adoption, with a guardian or in some other alternative permanent placement that were made under s. 48.355 (2b) at the same time as the services described in par. (a) were offered or provided or, if those efforts were not made, the basis for the decision not to make those efforts.

SB345, s. 17 Section 17. 48.38 (5) (b) of the statutes is amended to read:

SB345,9,16 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 have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review 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. Any written or oral statement made to the court under this paragraph by a foster parent, treatment foster parent or operator of a facility in which a child is living shall be made under oath or affirmation. 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.

SB345, s. 18 Section 18. 48.42 (2g) (am) of the statutes is repealed.

SB345, s. 19 Section 19. 48.42 (2g) (b) of the statutes is amended to read:

SB345,9,25 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 a 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.

SB345, s. 20 Section 20. 48.427 (1m) of the statutes is amended to read:

SB345,10,16 48.427 (1m) In addition to any evidence presented under sub. (1), the court shall 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. 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 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.

SB345, s. 21 Section 21. 48.43 (5) (b) of the statutes is renumbered 48.43 (5) (b) 1.

SB345, s. 22 Section 22. 48.43 (5) (b) 2. of the statutes is created to read:

SB345,11,4 48.43 (5) (b) 2. 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 subd. 1. 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. Any written or oral statement made under this subdivision shall be made upon oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. and an opportunity to be heard under this subdivision 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.

SB345, s. 23 Section 23. 938.27 (3) (a) 1m. of the statutes is repealed.

SB345, s. 24 Section 24. 938.27 (3) (a) 2. of the statutes is amended to read:

SB345,11,16 938.27 (3) (a) 2. Failure to give notice under subd. 1. 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 action or 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 subd. 1. and if the court is required under this chapter 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 a statement, that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.

SB345, s. 25 Section 25. 938.27 (6) of the statutes is amended to read:

SB345,11,24 938.27 (6) When a proceeding is initiated under s. 938.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court, consistent with applicable governing statutes. In addition, if the juvenile who is the subject of the proceeding is in the care of a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent or other physical custodian notice and an opportunity to be heard as provided in sub. (3) (a).

SB345, s. 26 Section 26. 938.355 (2b) of the statutes is renumbered 938.355 (2b) (intro.) and amended to read:

SB345,12,7 938.355 (2b) Concurrent reasonable efforts permitted. (intro.) 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 do one or both of the following:

SB345,12,10 (a) 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,.

SB345,12,13 (b) Work with the department of health and family services, a county department or a child welfare agency in making reasonable efforts to place the child with a guardian or in some other alternative permanent placement.

SB345, s. 27 Section 27. 938.355 (2d) (a) 1. of the statutes is amended to read:

SB345,12,21 938.355 (2d) (a) 1. "Aggravated circumstances" include abandonment in "Abandonment" means a violation of s. 948.20 or in a 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 as evidenced by a final judgment of conviction, or an action or inaction that results in a finding of abandonment 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), as evidenced by a final order of a court of competent jurisdiction.

SB345, s. 28 Section 28. 938.355 (2d) (a) 1d. of the statutes is created to read:

SB345,12,24 938.355 (2d) (a) 1d. "Aggravated circumstances" include abandonment, chronic abuse, sexual abuse and torture.

SB345, s. 29 Section 29. 938.355 (2d) (a) 1j. of the statutes is created to read:

SB345,13,6 938.355 (2d) (a) 1j. "Chronic abuse" means 2 or more violations of s. 940.19 (1) or (6) or 948.03 (2) (b) or (c) or (3) (b) or (c) or of a law of any other state or federal law, if that violation would be a violation of s. 940.19 (1) or (6) or 948.03 (2) (b) or (c) or (3) (b) or (c) if committed in this state, that result in bodily harm, as defined in s. 939.22 (4), as evidenced by final judgments of conviction on 2 or more separate occasions.

SB345, s. 30 Section 30. 938.355 (2d) (a) 2. of the statutes is amended to read:

SB345,13,12 938.355 (2d) (a) 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, as evidenced by a final judgment of conviction.

SB345, s. 31 Section 31. 938.355 (2d) (a) 3. of the statutes is created to read:

SB345,13,17 938.355 (2d) (a) 3. "Torture" means a violation of s. 940.21 or 948.04 (1) or a violation of the law of any other state or federal law if that violation would be a violation of s. 940.21 or 948.04 (1) if committed in this state, as evidenced by a final judgment of conviction.

SB345, s. 32 Section 32. 938.355 (2d) (b) (intro.) of the statutes is amended to read:

SB345,14,3 938.355 (2d) (b) (intro.) 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:

SB345, s. 33 Section 33. 938.355 (2d) (b) 2. of the statutes is amended to read:

SB345,14,10 938.355 (2d) (b) 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, as evidenced by a final judgment of conviction, and that the victim of that violation is a child of the parent.

SB345, s. 34 Section 34. 938.355 (2d) (b) 3. of the statutes is amended to read:

SB345,14,19 938.355 (2d) (b) 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, as evidenced by a final judgment of conviction, and that the violation resulted in great bodily harm, as defined in s. 938.22 939.22 (14), or in substantial bodily harm, as defined in s. 938.22 939.22 (38), to the juvenile or another child of the parent.

SB345, s. 35 Section 35. 938.355 (2d) (b) 4. of the statutes is amended to read:

SB345,14,23 938.355 (2d) (b) 4. That the parental rights of the parent to another child have been involuntarily terminated, as evidenced by a final order of a court of competent jurisdiction terminating those parental rights.

SB345, s. 36 Section 36. 938.355 (2d) (d) of the statutes is created to read:

SB345,15,5 938.355 (2d) (d) 1. If a hearing is held under par. (c), at least 10 days before the date of the hearing the court shall notify the juvenile, if 12 years of age or over, any parent, guardian and legal custodian of the juvenile and any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place and purpose of the hearing.

SB345,15,16 2. 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 subd. 1. 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. Any written or oral statement made under this subdivision shall be made upon oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. and an opportunity to be heard under this subdivision 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.

SB345, s. 37 Section 37. 938.365 (1) of the statutes is amended to read:

SB345,15,22 938.365 (1) In this section, a juvenile is considered to have been placed outside of his or her home 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, or 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.

SB345, s. 38 Section 38. 938.38 (4) (am) of the statutes is created to read:

SB345,16,2 938.38 (4) (am) Any efforts to place the juvenile for adoption, with a guardian or in some other alternative permanent placement that were made under s. 938.355 (2b) at the same time as the services described in par. (a) were offered or provided or, if those efforts were not made, the basis for the decision not to make those efforts.

SB345, s. 39 Section 39. 938.38 (5) (b) of the statutes is amended to read:

SB345,16,19 938.38 (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 have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review 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. Any written or oral statement made to the court under this paragraph by a foster parent, treatment foster parent or operator of a facility in which a juvenile is living shall be made under oath or affirmation. 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.

SB345, s. 40 Section 40. Initial applicability.

SB345,16,24 (1) Juvenile court orders. The treatment of sections 48.355 (2d) (a) 1., 1d., 1j., 2. and 3. and (b) (intro.), 2., 3. and 4. and 938.355 (2d) (a) 1., 1d., 1j., 2. and 3. and (b) (intro.), 2., 3. and 4. of the statutes first applies to juvenile court orders entered on the effective date of this subsection.

SB345,17,4 (2) Permanency plan filings. The treatment of sections 48.38 (4) (am) and 938.38 (4) (am) of the statutes first applies to permanency plans that are filed with the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes on the effective date of this subsection.

SB345,17,10 (3) Juvenile court hearings and permanency plan reviews. The treatment of sections 48.27 (3) (a) 1m. and 2. and (6), 48.38 (5) (b), 48.42 (2g) (am) and (b), 48.427 (1m), 938.27 (3) (a) 1m. and 2. and (6) and 938.38 (5) (b) of the statutes, the renumbering of section 48.43 (5) (b) of the statutes and the creation of section 48.43 (5) (b) 2. of the statutes first apply to juvenile court hearings and permanency plan reviews held on the effective date of this subsection.

SB345,17,13 (4) Permanency plan hearings. The treatment of sections 48.355 (2d) (d) and 938.355 (2d) (d) of the statutes first applies to permanency plan hearings held 10 days after the effective date of this subsection.

SB345,17,14 (End)