February 12, 2002 - Introduced by Representative Kestell, cosponsored by
Senator Robson. Referred to Committee on Children and Families.
AB809,3,8
1An Act to renumber 48.32 (1);
to renumber and amend 48.355 (2d) (c), 48.357
2(1), 48.357 (2m), 48.357 (2v), 48.365 (2m) (a), 48.38 (4) (a), 48.38 (5) (c) 6. am.,
3938.355 (2d) (c), 938.357 (1), 938.357 (2m), 938.357 (2v), 938.365 (2m) (a),
4938.38 (4) (a) and 938.38 (5) (c) 6. am.;
to amend 48.21 (1) (a), 48.21 (3) (am),
548.21 (3) (e), 48.255 (2), 48.27 (3) (a) 1m., 48.33 (4) (intro.), 48.355 (2) (b) 6.,
648.355 (2b), 48.355 (2c) (b), 48.355 (2d) (b) (intro.), 48.355 (2d) (b) 1., 48.355 (2d)
7(b) 2., 48.355 (2d) (b) 3., 48.355 (2d) (b) 4., 48.355 (2d) (b) 5., 48.355 (4), 48.357
8(2), 48.357 (2r), 48.357 (6), 48.365 (1), 48.365 (2g) (b) 2., 48.365 (2g) (b) 3., 48.365
9(2m) (ag), 48.365 (5), 48.38 (2) (intro.), 48.38 (2) (c), 48.38 (2) (f), 48.38 (3), 48.38
10(4) (intro.), 48.38 (4) (bm), 48.38 (4) (e), 48.38 (4) (f) (intro.), 48.38 (4) (fm), 48.38
11(5) (a), 48.38 (5) (b), 48.38 (5) (c) 6. (intro.), 48.38 (5) (c) 6. d., 48.38 (5) (c) 7.,
1248.417 (1) (a), 48.417 (1) (b), 48.417 (1) (c), 48.417 (1) (d), 48.417 (2) (a), 48.417
13(2) (b), 48.42 (2g) (am), 48.427 (1m), 48.63 (1), 48.63 (4), 48.685 (5) (bm) 4., 48.78
14(2) (a), 48.977 (2) (f), 938.21 (1) (a), 938.21 (2) (am), 938.21 (2) (d), 938.21 (3)
1(am), 938.21 (3) (e), 938.255 (2), 938.27 (3) (a) 1m., 938.33 (4) (intro.), 938.355
2(1), 938.355 (2) (b) 6., 938.355 (2b), 938.355 (2c) (b), 938.355 (2d) (b) (intro.),
3938.355 (2d) (b) 1., 938.355 (2d) (b) 2., 938.355 (2d) (b) 3., 938.355 (2d) (b) 4.,
4938.355 (4) (a), 938.355 (4) (b), 938.355 (6) (a), 938.357 (2), 938.357 (2r), 938.357
5(3), 938.357 (4) (b) 2., 938.357 (4) (c) 1., 938.357 (4) (c) 2., 938.357 (4) (d), 938.357
6(5) (a), 938.357 (6), 938.365 (1), 938.365 (2g) (b) 2., 938.365 (2g) (b) 3., 938.365
7(2m) (ag), 938.365 (5), 938.38 (2) (intro.), 938.38 (2) (c), 938.38 (2) (f), 938.38 (3)
8(intro.), 938.38 (4) (intro.), 938.38 (4) (bm), 938.38 (4) (e), 938.38 (4) (f) (intro.),
9938.38 (4) (fm), 938.38 (5) (a), 938.38 (5) (b), 938.38 (5) (c) 6. (intro.), 938.38 (5)
10(c) 6. d., 938.38 (5) (c) 7. and 938.78 (2) (a);
to repeal and recreate 48.21 (5)
11(b) 1. and 938.21 (5) (b) 1.; and
to create 48.21 (5) (b) 3., 48.21 (5) (c), 48.21 (5)
12(d), 48.255 (1) (f), 48.255 (1m) (f), 48.315 (2m), 48.32 (1) (b), 48.32 (1) (c), 48.33
13(4) (c), 48.335 (3g), 48.355 (2) (b) 6r., 48.355 (2d) (bm), 48.355 (2d) (c) 2. and 3.,
1448.357 (1) (b) 3., 48.357 (1) (c), 48.357 (2m) (c), 48.357 (2v) (a) (intro.), 48.357
15(2v) (a) 1., 48.357 (2v) (a) 3., 48.357 (2v) (b), 48.357 (2v) (c), 48.365 (2m) (a) 2.,
1648.365 (2m) (a) 3., 48.365 (2m) (ad), 48.38 (4) (ag), 48.38 (4) (am), 48.38 (4) (dg),
1748.38 (4) (dm), 48.38 (4) (dr), 48.38 (4) (fg), 48.38 (4) (h), 48.38 (5) (c) 6. cg., 48.38
18(5m), 48.417 (2) (d), 938.21 (5) (b) 3., 938.21 (5) (c), 938.21 (5) (d), 938.255 (1) (f),
19938.315 (2m), 938.32 (1) (c), 938.32 (1) (d), 938.33 (4) (c), 938.335 (3g), 938.355
20(2) (b) 6r., 938.355 (2d) (bm), 938.355 (2d) (c) 2. and 3., 938.355 (6m) (cm),
21938.357 (1) (b) 3., 938.357 (1) (c), 938.357 (2m) (c), 938.357 (2v) (a) (intro.),
22938.357 (2v) (a) 1., 938.357 (2v) (a) 3., 938.357 (2v) (b), 938.357 (2v) (c), 938.365
23(2m) (a) 2., 938.365 (2m) (a) 3., 938.365 (2m) (ad), 938.38 (4) (ag), 938.38 (4)
24(am), 938.38 (4) (dg), 938.38 (4) (dm), 938.38 (4) (dr), 938.38 (4) (fg), 938.38 (4)
25(h), 938.38 (5) (c) 6. cg. and 938.38 (5m) of the statutes;
relating to:
1permanency planning for a child placed outside the home, required juvenile
2court findings when a child is placed outside the home, the expiration date of
3a juvenile court order placing or continuing the placement of a child outside the
4home, the requirement that a termination of parental rights petition be filed
5under certain circumstances, statements by foster parents at juvenile court
6hearings, and prohibiting a person who has committed an alcohol-related
7felony within the last 5 years from being licensed to operate a foster home or
8treatment foster home.
Analysis by the Legislative Reference Bureau
Introduction
Under Title IV-E of the federal Social Security Act (Title IV-E), states that
meet certain conditions specified in Title IV-E and the regulations promulgated
under Title IV-E are reimbursed for the cost of providing care for children placed in
foster homes, treatment foster homes, group homes, child caring institutions, secure
detention facilities, or shelter care facilities (out-of-home placements). Recently,
the federal department of health and human services promulgated regulations
implementing the Adoption and Safe Families Act of 1997 (ASFA), which amended
Title IV-E. This bill conforms certain provisions of the Children's Code and the
Juvenile Justice Code relating to children placed in out-of-home placements to
conform those provisions to ASFA and its implementing regulations.
Permanency planning
Under current law, for each child living in an out-of-home placement, the
county department of human services or social services, the licensed child welfare
agency, the department of health and family services, in a county having a population
of 500,000 or more, or the department of corrections, in the case of a child who has
been adjudged delinquent, (collectively "agency") that placed the child or arranged
the placement of the child or the agency assigned primary responsibility for
providing services to the child must prepare a permanency plan for the child, which
is a plan designed to ensure that the child is reunified with his or her family
whenever appropriate or that the child quickly attains a placement or home
providing long-term stability. A permanency plan must be prepared within 60 days
after the date on which the child was first held in physical custody or placed outside
the home under an order of the court assigned to exercise jurisdiction under the
Children's Code and the Juvenile Justice Code (juvenile court) and must be prepared
if the child is being held under a physical custody order of the juvenile court, is under
the guardianship, legal custody, or supervision of an agency, is placed under a
voluntary agreement between the child's parents and an agency, or meets the
requirements for aid under the former aid to families with dependent children
program. This bill requires a permanency plan to be prepared for a child living in
the home of a relative, other than a parent, who meets any of those requirements.
The bill also requires a permanency plan to be prepared within 60 days after a child
was first removed from his or her home.
A permanency plan must describe, among other things, the services that were
provided to prevent the placement of the child outside the home, the services that
have been and will be provided to make it possible for the child to return safely to the
home, and the conditions, if any, upon which the child will be returned to the home.
This bill requires the permanency plan to include certain additional information
including the goal or goals of the permanency plan, with those goals being return of
the child to the home or placement of the child for adoption, with a guardian, in the
home of a relative, or in some other alternative permanent placement, in that order
of preference. If a goal of the permanency plan is any goal other than return of the
child to the home, the permanency plan must include the rationale for deciding on
that goal and, if the goal of the permanency plan is some other alternative permanent
placement, the permanency plan must document a compelling reason for not
pursuing return of the child to the home or placement of the child for adoption, with
a guardian, or with a relative.
The bill also requires a permanency plan to include a description of the
programs and services that are or will be provided to assist a child 15 years of age
or over in preparing for the transition from out-of-home care to independent living.
In addition, under the bill, if as a result of the child's placement the child has been
or will be transferred from his or her school, the permanency plan must include
documentation that the placement would be in the child's best interests or that a
placement that would maintain the child in his or her school is unavailable or
inappropriate. Finally, the bill requires the permanency plan to include the name,
address, and telephone number of the child's parent, guardian, and legal custodian,
the date on which the child was removed from his or her home and the date on which
the child was placed in out-of-home care, and certain educational and medical
information relating to the child.
Under current law, the juvenile court or a panel appointed by the juvenile court
must review a child's permanency plan every six months to determine, among other
things, the continuing necessity for and appropriateness of the placement, the
progress being made toward eliminating the causes of the child's placement and
returning the child to the home or obtaining a permanent placement for the child,
and whether reasonable efforts are being made to make it possible for the child to
return to his or her home. This bill requires the juvenile court or panel, in reviewing
a child's permanency plan, to determine whether reasonable efforts are being made
to achieve the goal of the child's permanency plan, whether the goal is return of the
child to the home or placement of the child for adoption, with a guardian, in the home
of a relative, or in some other alternative placement.
The bill also requires the juvenile court to hold a hearing to review a child's
permanency plan not later than 12 months after the child is removed from the home
and every 12 months after that hearing, which hearing may be held instead of or in
addition to review required under current law.
Contrary-to-welfare and reasonable-efforts findings
Under current law, a dispositional order of the juvenile court placing a child
outside the home must include a finding that continued placement of the child in the
home would be contrary to the welfare of the child and a finding as to whether the
agency primarily responsible for providing services under a juvenile court order has
made reasonable efforts to prevent the removal of the child from the home or, if
applicable, a finding as to whether the agency has made reasonable efforts to make
it possible for the child to return safely to his or her home. The juvenile court,
however, is not required to find that those reasonable efforts have been made with
respect to a parent if the juvenile court finds that the parent has committed certain
crimes of homicide against a child of the parent; has committed battery, sexual
assault, or physical or sexual abuse resulting in great bodily harm or substantial
bodily harm to the child or to another child of the parent; has had his or her parental
rights terminated with respect to another child; or has subjected the child to
aggravated circumstances, which are defined as including criminal abandonment,
torture, chronic abuse, and sexual abuse. If the juvenile court finds that any of those
circumstances applies to a parent, the juvenile court must hold a hearing within 30
days after the date of that finding to determine the permanency plan for the child.
This bill requires a dispositional order that places a child outside the home to
include a finding that the agency has made reasonable efforts to achieve the goal of
the child's permanency plan, unless return of the child to the home is the goal of the
permanency plan and a circumstance applies to a parent under which reasonable
efforts to return the child to the home are not required. If the juvenile court finds
that such a circumstance applies to a parent, the dispositional order must include
a determination that the agency is not required to make those reasonable efforts with
respect to the parent.
In addition, the bill requires the juvenile court to make the same
contrary-to-welfare and reasonable-efforts findings that the juvenile court is
required to make in a dispositional order placing a child outside the home in a
temporary physical custody order holding a child outside the home, a change in
placement order changing the placement of a child from an in-home placement to an
out-of-home placement, and a consent decree maintaining a child placed outside the
home under a voluntary agreement or other living arrangement in that placement
or other living arrangement. If the juvenile court finds in the custody order, change
in placement order, or consent decree that a circumstance applies to a parent under
which reasonable efforts to return the child to the home are not required, the custody
order, change in placement order, or consent decree must include a determination
that the agency is not required to make those reasonable efforts with respect to the
parent and the juvenile court must hold a hearing within 30 days after the date of
the finding to determine the permanency plan for the child.
Finally, the bill requires the juvenile court to make the contrary-to-welfare
and reasonable-efforts findings on a case-by-case basis based on circumstances
specific to the child and to document or reference the specific information on which
those findings are based in the custody order, dispositional order, change in
placement order, or consent decree and also in an order extending the dispositional
order of a child placed outside the home, an order appointing a relative as the
guardian of a child in need of protection or services, and a sanction order placing a
child in a place of nonsecure custody. The bill further provides that such an order or
consent decree that merely references the statutes without documenting or
referencing that specific information in the order or consent decree or an amended
order or consent decree that retroactively corrects an earlier order or consent decree
that does not comply with those requirements is not sufficient to comply with those
requirements.
Termination of orders
Under current law, dispositional orders and extension orders of the juvenile
court terminate at the end of one year, unless the judge specifies a shorter period of
time, except that the judge may make a dispositional order placing a juvenile who
has been adjudged delinquent in a Type 2 child caring institution or a secured
correctional facility apply for up to two years or until the juvenile's 18th birthday,
whichever is earlier, and the judge must make a dispositional order placing a juvenile
who has committed a Class B felony in the serious juvenile offender program (SJOP)
apply for five years and must make a dispositional order placing a juvenile who has
committed a Class A felony in the SJOP apply until the juvenile reaches 25 years of
age. Under current law, a change in placement order may not extend the expiration
date of the original dispositional order.
Under this bill, a dispositional order, extension order, or change in placement
order that places or continues the placement of a child in an out-of-home placement
terminates when the child reaches 18 years of age, at the end of one year after its
entry, or, if the child is a full-time student at a secondary school or its vocational or
technical equivalent and is reasonably expected to complete the program before
reaching 19 years of age, when the child reaches 19 years of age, whichever is later,
unless the judge specifies a shorter period of time or the judge terminates the order
sooner. The bill does not affect the length of a dispositional order or extension order
that places or continues the placement of a child in an in-home placement or a
dispositional order placing a juvenile in a Type 2 child caring institution, a secured
correctional facility, or the SJOP. The bill also requires, in the case of a change in
placement from an out-of-home placement to an in-home placement of a child who
is subject to an original order the expiration date of which is more than one year after
the date of the change in placement order, the juvenile court to shorten the expiration
date of the original order to the date that is one year after the date of the change in
placement order or to an earlier date as specified by the court.
Time limits
Under current law, certain actions in a proceeding under the Children's Code
or the Juvenile Justice Code must take place within certain time limits. If a time
limit under the Children's Code is not met, the juvenile court loses competency to
exercise its jurisdiction and, therefore, must dismiss the proceeding. Under the
Juvenile Justice Code, however, failure to meet a time limit does not deprive the
juvenile court of competency to exercise its jurisdiction. Instead, the juvenile court
may grant a continuance for good cause shown, dismiss the petition with or without
prejudice, release the child from custody, or grant any other relief that the juvenile
court considers appropriate. Certain time periods, such as a period of delay resulting
from a continuance or an extension granted by the juvenile court, however, are
excluded in computing the time requirements under those codes.
This bill prohibits the juvenile court from granting a continuance or an
extension of a time limit specified in the Children's Code or the Juvenile Justice Code
and from excluding a period of delay in computing a time requirement under those
codes if the continuance, extension, or exclusion would result in the juvenile court
making an initial finding that reasonable efforts have been made to prevent the
removal of a child from his or her home, or an initial finding that those efforts were
not required to be made because a circumstance under which those efforts are not
required applies, more than 60 days after the date on which the child was removed
from the home. The bill also prohibits such a continuance, extension, or exclusion
if the continuance, extension, or exclusion would result in the juvenile court making
an initial finding that the agency primarily responsible for providing services to the
child has made reasonable efforts to achieve the goals of the child's permanency plan
more than 12 months after the date on which the child was removed from the home
or making any subsequent findings as to those reasonable efforts more than 12
months after the date of a previous finding as to those reasonable efforts. In addition,
the bill provides that a failure to meet one of those time limits under the Children's
Code does not deprive the juvenile court of competency to exercise its jurisdiction.
Instead, the juvenile court may dismiss the petition with or without prejudice,
release the child from custody, or grant any other relief that the juvenile court
considers appropriate.
Termination of parental rights filing requirements
Under current law, subject to certain exceptions, if a child has been placed in
an out-of-home placement for 15 of the most recent 22 months, if a child was
abandoned as an infant, or if a child's parent has committed certain crimes of
homicide against another child of the parent or has committed battery, sexual
assault, or physical or sexual abuse resulting in great bodily harm or substantial
bodily harm to the child or to another child of the parent, an agency or the district
attorney, corporation counsel, or other appropriate official designated by the county
board to prosecute termination of parental rights (TPR) proceedings must file a TPR
petition with respect to the child or, if a TPR petition with respect to the child has
already been filed, must join in the petition. A person responsible for filing TPR
petitions, however, is not required to file or join in a TPR petition with respect to such
a child if the child is being cared for by a relative, if a TPR is not in the best interests
of the child, or if the agency primarily responsible for providing services to the child
and the family is required to make reasonable efforts to make it possible for the child
to return safely home and has not provided the services necessary for that safe
return.
This bill, for purposes of determining whether a child has been placed outside
the home for 15 of the most recent 22 months, excludes any period during which the
child was a runaway from the out-of-home placement or the child was returned to
his or her home for a trial home visit of six months or less. If the child has been placed
outside the home for 15 of the most recent 22 months, as calculated under the bill,
the TPR petition must be filed or joined in by the last day of that 15th month.
Similarly, if the child was abandoned as an infant, the TPR petition must be filed or
joined in within 60 days after a court of competent jurisdiction finds that the child
was so abandoned and, if the parent has committed certain crimes of homicide
against another child of the parent or has committed battery, sexual assault, or
physical or sexual abuse resulting in great bodily harm or substantial bodily harm
to the child or to another child of the parent, the TPR petition must be filed or joined
in within 60 days after the juvenile court determines, based on a finding that the
parent has committed such a serious felony, that reasonable efforts to make it
possible for the child to return safely home are not required. The bill provides,
however, that the filing or joining of a TPR petition is not required if grounds for an
involuntary TPR do not exist.
Foster parent debarment
Under current law, a person who has committed a crime against children that
is a felony, felony spousal abuse, or certain felonies involving violence or who has
committed, within the past five years, a felony battery or a drug-related felony may
not be licensed to operate a foster home or treatment foster home, including a foster
home or treatment foster home that is a placement for adoption of a child for whom
adoption assistance will be provided after the adoption is finalized. This bill
prohibits a person who has committed, within the past five years, certain
alcohol-related felonies from being licensed to operate such a foster home or
treatment foster home. Those felonies include homicide by intoxicated use of a
firearm or vehicle, causing injury by intoxicated use of a vehicle, felony operation of
a motor vehicle while intoxicated (fifth offense or with a minor under 16 years of age
in the vehicle), causing injury or death by providing alcohol beverages to a minor,
providing false proof of age to an underage person for money or other consideration,
impersonating an employee of the department of revenue or the department of
justice with intent to commit a crime, manufacturing intoxicating liquor without a
permit, and using, selling, or otherwise disposing of alcohol redistilled from
denatured alcohol.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB809, s. 1
1Section
1. 48.21 (1) (a) of the statutes is amended to read:
AB809,9,132
48.21
(1) (a) If a child who has been taken into custody is not released under
3s. 48.20, a hearing to determine whether the child shall continue to be held in custody
1under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile
2court commissioner within 48 hours of the time the decision to hold the child was
3made, excluding Saturdays, Sundays
, and legal holidays. By the time of the hearing
4a petition under s. 48.25 shall be filed, except that no petition need be filed where a
5child is taken into custody under s. 48.19 (1) (b) or (d) 2. or 7. or where the child is
6a runaway from another state, in which case a written statement of the reasons for
7holding a child in custody shall be substituted if the petition is not filed. If no hearing
8has been held within 48 hours, excluding Saturdays, Sundays
, and legal holidays,
9or if no petition or statement has been filed at the time of the hearing, the child shall
10be released except as provided in par. (b). A parent not present at the hearing shall
11be granted a rehearing upon request
unless the parent has waived his or her right
12to participate in the hearing, in which case the parent shall be granted a rehearing
13upon request for good cause shown.
AB809, s. 2
14Section
2. 48.21 (3) (am) of the statutes is amended to read:
AB809,9,1915
48.21
(3) (am) The parent, guardian
, or legal custodian may waive
his or her
16right to participate in the hearing under this section.
Agreement in writing of the
17child is required if he or she is over 12. After any waiver, a
hearing rehearing shall
18be granted at the request of
any the parent, guardian, legal custodian, or any other 19interested party
for good cause shown.
AB809, s. 3
20Section
3. 48.21 (3) (e) of the statutes is amended to read:
AB809,9,2521
48.21
(3) (e) If the parent, guardian
, or legal custodian or the child is not
22represented by counsel at the hearing and the child is continued in custody as a result
23of the hearing, the parent, guardian, legal custodian
, or child may request through
24counsel subsequently appointed or retained or through a guardian ad litem that the
25order to hold the child in custody be reheard. If the request is made, a rehearing shall
1take place as soon as possible
unless the request is made by a parent, guardian, or
2legal custodian who has waived his or her right to participate in the hearing, in which
3case a rehearing shall take place only upon a showing of good cause. Any order to
4hold the child in custody shall be subject to rehearing for good cause, whether or not
5counsel was present.
AB809,10,208
48.21
(5) (b) 1. A finding that continued placement of the child in his or her
9home would be contrary to the welfare of the child and, unless the judge or juvenile
10court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b)
111. to 5. applies, a finding as to whether the person who took the child into custody and
12the intake worker have made reasonable efforts to prevent the removal of the child
13from the home, while assuring that the child's health and safety are the paramount
14concerns, and to make it possible for the child to return safely home or, if for good
15cause shown sufficient information is not available for the judge or juvenile court
16commissioner to make those findings, an order for the county department,
17department, in a county having a population of 500,000 or more, or agency primarily
18responsible for providing services to the child under the custody order to file with the
19court sufficient information for the judge or juvenile court commissioner to make
20those findings by no later than 5 days after the date of the order.
AB809, s. 5
21Section
5. 48.21 (5) (b) 3. of the statutes is created to read:
AB809,11,222
48.21
(5) (b) 3. If the judge or juvenile court commissioner finds that any of the
23circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
24a determination that the county department, department, in a county having a
25population of 500,000 or more, or agency primarily responsible for providing services
1under the custody order is not required to make reasonable efforts with respect to the
2parent to make it possible for the child to return safely to his or her home.
AB809, s. 6
3Section
6. 48.21 (5) (c) of the statutes is created to read:
AB809,11,114
48.21
(5) (c) The judge or juvenile court commissioner shall make the findings
5specified in par. (b) 1. and 3. on a case-by-case basis based on circumstances specific
6to the child and shall document or reference the specific information on which those
7findings are based in the custody order. A custody order that merely references par.
8(b) 1. or 3. without documenting or referencing that specific information in the
9custody order or an amended custody order that retroactively corrects an earlier
10custody order that does not comply with this paragraph is not sufficient to comply
11with this paragraph.
AB809, s. 7
12Section
7. 48.21 (5) (d) of the statutes is created to read:
AB809,11,1913
48.21
(5) (d) 1. If the judge or juvenile court commissioner finds that any of the
14circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
15the judge or juvenile court commissioner shall hold a hearing within 30 days after
16the date of that finding to determine the permanency plan for the child. If a hearing
17is held under this subdivision, the agency responsible for preparing the permanency
18plan shall file the permanency plan with the court not less than 5 days before the date
19of the hearing.
AB809,11,2420
2. If a hearing is held under subd. 1., at least 10 days before the date of the
21hearing the court shall notify the child, any parent, guardian, and legal custodian
22of the child, and any foster parent, treatment foster parent, or other physical
23custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the
24hearing.
AB809,12,11
13. The court shall give a foster parent, treatment foster parent, or other
2physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
32. an opportunity to be heard at the hearing by permitting the foster parent,
4treatment foster parent, or other physical custodian to make a written or oral
5statement during the hearing, or to submit a written statement prior to the hearing,
6relevant to the issues to be determined at the hearing. Any written or oral statement
7made under this subdivision shall be made upon oath or affirmation. A foster parent,
8treatment foster parent, or other physical custodian who receives a notice of a
9hearing under subd. 2. and an opportunity to be heard under this subdivision does
10not become a party to the proceeding on which the hearing is held solely on the basis
11of receiving that notice and opportunity to be heard.
AB809, s. 8
12Section
8. 48.255 (1) (f) of the statutes is created to read:
AB809,12,2013
48.255
(1) (f) If the child is being held in custody outside of his or her home,
14reliable and credible information showing that continued placement of the child in
15his or her home would be contrary to the welfare of the child and, unless any of the
16circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, reliable and credible
17information showing that the person who took the child into custody and the intake
18worker have made reasonable efforts to prevent the removal of the child from the
19home, while assuring that the child's health and safety are the paramount concerns,
20and to make it possible for the child to return safely home.
AB809, s. 9
21Section
9. 48.255 (1m) (f) of the statutes is created to read:
AB809,13,622
48.255
(1m) (f) If the expectant mother is a child and the child expectant
23mother is being held in custody outside of her home, reliable and credible information
24showing that continued placement of the child expectant mother in her home would
25be contrary to the welfare of the child expectant mother and, unless any of the
1circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, reliable and credible
2information showing that the person who took the child expectant mother into
3custody and the intake worker have made reasonable efforts to prevent the removal
4of the child expectant mother from the home, while assuring that the child expectant
5mother's health and safety are the paramount concerns, and to make it possible for
6the child expectant mother to return safely home.
AB809, s. 10
7Section
10. 48.255 (2) of the statutes is amended to read:
AB809,13,108
48.255
(2) If any of the facts required under sub. (1) (a) to (cm)
and (f) or (1m)
9(a) to (d)
and (f) are not known or cannot be ascertained by the petitioner, the petition
10shall so state.
AB809, s. 11
11Section
11. 48.27 (3) (a) 1m. of the statutes is amended to read:
AB809,13,2212
48.27
(3) (a) 1m. The court shall give a foster parent, treatment foster parent
, 13or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
14subd. 1. an opportunity to be heard at the hearing by permitting the foster parent,
15treatment foster parent
, or other physical custodian to make a written or oral
16statement during the hearing, or to submit a written statement prior to the hearing,
17relevant to the issues to be determined at the hearing.
Any written or oral statement
18made under this subdivision shall be made upon oath or affirmation. A foster parent,
19treatment foster parent
, or other physical custodian described in s. 48.62 (2) who
20receives a notice of a hearing under subd. 1. and an opportunity to be heard under
21this subdivision does not become a party to the proceeding on which the hearing is
22held solely on the basis of receiving that notice and opportunity to be heard.
AB809, s. 12
23Section
12. 48.315 (2m) of the statutes is created to read:
AB809,14,224
48.315
(2m) (a) No continuance or extension of a time limit specified in this
25chapter may be granted and no period of delay specified in sub. (1) may be excluded
1in computing a time requirement under this chapter if the continuance, extension,
2or exclusion would result in any of the following:
AB809,14,93
1. The court making an initial finding under s. 48.21 (5) (b) 1., 48.355 (2) (b) 6.,
4or 48.357 (2v) (a) 1. that reasonable efforts have been made to prevent the removal
5of the child from the home, while assuring that the child's health and safety are the
6paramount concerns, or an initial finding under s. 48.21 (5) (b) 3., 48.355 (2) (b) 6r.,
7or 48.357 (2v) (a) 3. that those efforts were not required to be made because a
8circumstance specified in s. 48.355 (2d) (b) 1. to 5. applies, more than 60 days after
9the date on which the child was removed from the home.
AB809,14,1510
2. The court making an initial finding under s. 48.38 (5m) that the agency
11primarily responsible for providing services to the child has made reasonable efforts
12to achieve the goals of the child's permanency plan more than 12 months after the
13date on which the child was removed from the home or making any subsequent
14findings under s. 48.38 (5m) as to those reasonable efforts more than 12 months after
15the date of a previous finding as to those reasonable efforts.
AB809,14,2016
(b) Failure to comply with any time limit specified in par. (a) does not deprive
17the court of personal or subject matter jurisdiction or of competency to exercise that
18jurisdiction. If a party does not comply with a time limit specified in par. (a), the court
19may dismiss the proceeding with or without prejudice, release the child from custody,
20or grant any other relief that the court considers appropriate.
AB809, s. 13
21Section
13. 48.32 (1) of the statutes is renumbered 48.32 (1) (a).
AB809, s. 14
22Section
14. 48.32 (1) (b) of the statutes is created to read:
AB809,15,1323
48.32
(1) (b) 1. If at the time the consent decree is entered into the child is placed
24outside the home under a voluntary agreement under s. 48.63 or is otherwise living
25outside the home without a court order and if the consent decree maintains the child
1in that placement or other living arrangement, the consent decree shall include a
2finding that placement of the child in his or her home would be contrary to the welfare
3of the child, a finding as to whether the county department, the department, in a
4county having a population of 500,000 or more, or the agency primarily responsible
5for providing services to the child has made reasonable efforts to prevent the removal
6of the child from the home, while assuring that the child's health and safety are the
7paramount concerns, unless the judge or juvenile court commissioner finds that any
8of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and a finding as
9to whether the county department, department, or agency has made reasonable
10efforts to achieve the goal of the child's permanency plan, unless return of the child
11to the home is the goal of the permanency plan and the judge or juvenile court
12commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to
135. applies.
AB809,15,2014
2. If the judge or juvenile court commissioner finds that any of the
15circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
16the consent decree shall include a determination that the county department,
17department, in a county having a population of 500,000 or more, or agency primarily
18responsible for providing services under the consent decree is not required to make
19reasonable efforts with respect to the parent to make it possible for the child to return
20safely to his or her home.
AB809,16,321
3. The judge or juvenile court commissioner shall make the findings specified
22in subds. 1. and 2. on a case-by-case basis based on circumstances specific to the
23child and shall document or reference the specific information on which those
24findings are based in the consent decree. A consent decree that merely references
25subd. 1. or 2. without documenting or referencing that specific information in the
1consent decree or an amended consent decree that retroactively corrects an earlier
2consent decree that does not comply with this subdivision is not sufficient to comply
3with this subdivision.
AB809, s. 15
4Section
15. 48.32 (1) (c) of the statutes is created to read:
AB809,16,115
48.32
(1) (c) 1. If the judge or juvenile court commissioner finds that any of the
6circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
7the judge or juvenile court commissioner shall hold a hearing within 30 days after
8the date of that finding to determine the permanency plan for the child. If a hearing
9is held under this subdivision, the agency responsible for preparing the permanency
10plan shall file the permanency plan with the court not less than 5 days before the date
11of the hearing.
AB809,16,1612
2. If a hearing is held under subd. 1., at least 10 days before the date of the
13hearing the court shall notify the child, any parent, guardian, and legal custodian
14of the child, and any foster parent, treatment foster parent, or other physical
15custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the
16hearing.
AB809,17,217
3. The court shall give a foster parent, treatment foster parent, or other
18physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
192. an opportunity to be heard at the hearing by permitting the foster parent,
20treatment foster parent, or other physical custodian to make a written or oral
21statement during the hearing, or to submit a written statement prior to the hearing,
22relevant to the issues to be determined at the hearing. Any written or oral statement
23made under this subdivision shall be made upon oath or affirmation. A foster parent,
24treatment foster parent, or other physical custodian who receives a notice of a
25hearing under subd. 2. and an opportunity to be heard under this subdivision does
1not become a party to the proceeding on which the hearing is held solely on the basis
2of receiving that notice and opportunity to be heard.
AB809, s. 16
3Section
16. 48.33 (4) (intro.) of the statutes is amended to read:
AB809,17,84
48.33
(4) Other out-of-home placements. (intro.) A report recommending
5placement of an adult expectant mother outside of her home shall be in writing. A
6report recommending placement of a child in a foster home, treatment foster home,
7group home
, or child caring institution
or in the home of a relative other than a
8parent shall be in writing and shall include all of the following:
AB809, s. 17
9Section
17. 48.33 (4) (c) of the statutes is created to read:
AB809,17,2010
48.33
(4) (c) Specific information showing that continued placement of the child
11in his or her home would be contrary to the welfare of the child, specific information
12showing that the county department, the department, in a county having a
13population of 500,000 or more, or the agency primarily responsible for providing
14services to the child has made reasonable efforts to prevent the removal of the child
15from the home, while assuring that the child's health and safety are the paramount
16concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5.
17applies, and specific information showing that the county department, department,
18or agency has made reasonable efforts to achieve the goal of the child's permanency
19plan, unless return of the child to the home is the goal of the permanency plan and
20any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.
AB809, s. 18
21Section
18. 48.335 (3g) of the statutes is created to read:
AB809,18,1122
48.335
(3g) At hearings under this section, if the agency, as defined in s. 48.38
23(1) (a), is recommending placement of the child in a foster home, treatment foster
24home, group home, or child caring institution or in the home of a relative other than
25a parent, the agency shall present as evidence specific information showing that
1continued placement of the child in his or her home would be contrary to the welfare
2of the child, specific information showing that the county department, the
3department, in a county having a population of 500,000 or more, or the agency
4primarily responsible for providing services to the child has made reasonable efforts
5to prevent the removal of the child from the home, while assuring that the child's
6health and safety are the paramount concerns, unless any of the circumstances
7specified in s. 48.355 (2d) (b) 1. to 5. applies, and specific information showing that
8the county department, department, or agency has made reasonable efforts to
9achieve the goal of the child's permanency plan, unless return of the child to the home
10is the goal of the permanency plan and any of the circumstances specified in s. 48.355
11(2d) (b) 1. to 5. applies.
AB809, s. 19
12Section
19. 48.355 (2) (b) 6. of the statutes is amended to read:
AB809,19,713
48.355
(2) (b) 6. If the child is placed outside the home, a finding that continued
14placement of the child in his or her home would be contrary to the
health, safety and 15welfare of the child
and, if sub. (2d) does not apply, a finding as to whether the county
16department, the department, in a county having a population of 500,000 or more, or
17the agency primarily responsible for providing services under a court order has made
18reasonable efforts to prevent the removal of the child from the home, while assuring
19that the child's health and safety are the paramount concerns,
or, if applicable, 20unless the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5.
21applies, and a finding as to whether the
county department, department, or agency
22primarily responsible for providing services under a court order has made reasonable
23efforts to
make it possible for the child to return safely to his or her home achieve the
24goal of the child's permanency plan, unless return of the child to the home is the goal
25of the permanency plan and the court finds that any of the circumstances specified
1in sub. (2d) (b) 1. to 5. applies. The court shall make the findings specified in this
2subdivision on a case-by-case basis based on circumstances specific to the child and
3shall document or reference the specific information on which those findings are
4based in the court order. A court order that merely references this subdivision
5without documenting or referencing that specific information in the court order or
6an amended court order that retroactively corrects an earlier court order that does
7not comply with this subdivision is not sufficient to comply with this subdivision.
AB809, s. 20
8Section
20. 48.355 (2) (b) 6r. of the statutes is created to read:
AB809,19,149
48.355
(2) (b) 6r. If the court finds that any of the circumstances specified in
10sub. (2d) (b) 1. to 5. applies with respect to a parent, a determination that the county
11department, department, in a county having a population of 500,000 or more, or
12agency primarily responsible for providing services under the court order is not
13required to make reasonable efforts with respect to the parent to make it possible for
14the child to return safely to his or her home.
AB809, s. 21
15Section
21. 48.355 (2b) of the statutes is amended to read:
AB809,19,2516
48.355
(2b) Concurrent reasonable efforts permitted. A county
17department, the department, in a county having a population of 500,000 or more, or
18the agency primarily responsible for providing services to a child under a court order
19may, at the same time as the county department, department
, or agency is making
20the reasonable efforts required under sub. (2) (b) 6.
to prevent the removal of the child
21from the home or to make it possible for the child to return safely to his or her home,
22work with the department, a county department under s. 48.57 (1) (e) or (hm)
, or a
23child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place
24the child for adoption, with a guardian
, with a fit and willing relative, or in some
25other alternative permanent placement.
AB809, s. 22
1Section
22. 48.355 (2c) (b) of the statutes is amended to read:
AB809,20,102
48.355
(2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether
3the
county department, department, in a county having a population of 500,000 or
4more, or agency primarily responsible for providing services to the child under a
5court order has made reasonable efforts to
make it possible for the child to return
6safely to his or her home achieve the goal of the permanency plan, the court's
7consideration of reasonable efforts shall include
, but not be limited to, the
8considerations listed under par. (a) 1. to 5. and whether visitation schedules between
9the child and his or her parents were implemented, unless visitation was denied or
10limited by the court.
AB809, s. 23
11Section
23. 48.355 (2d) (b) (intro.) of the statutes is amended to read:
AB809,20,2312
48.355
(2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the court
need not is not
13required to include in a dispositional order a finding as to whether the county
14department, the department, in a county having a population of 500,000 or more, or
15the agency primarily responsible for providing services under a court order has made
16reasonable efforts with respect to a parent of a child to prevent the removal of the
17child from the home, while assuring that the child's health and safety are the
18paramount concerns, or
, if applicable, a finding as to whether the
county department,
19department, or agency
primarily responsible for providing services under a court
20order has made reasonable efforts with respect to a parent of a child to
make it
21possible for the child to return achieve the permanency plan goal of returning the
22child safely to his or her home, if the court finds
, as evidenced by a final judgment
23of conviction, any of the following: