• Preadoptive Placement With Out-Of-State Petitioners
Current law provides that a parent having custody of a child and the proposed
adoptive parent or parents of the child may petition the juvenile court for placement of
the child for adoption in the home of a nonrelative of the child if the home is licensed as
a foster home or treatment foster home. This is sometimes referred to as a "legal risk"
placement, because at the point the child is placed in the preadoptive placement with the
proposed adoptive parent, the TPR has not been finalized.
This bill provides that, notwithstanding the provisions of the Interstate Compact
on the Placement of Children, when the proposed adoptive parent or parents of the child
reside out-of-state, they may petition the juvenile court for the preadoptive placement
of the child in their home, if their home meets the criteria established by the laws of their
state of residence for a preadoptive placement of a child in the home of a nonrelative.
• Adoption Advertising
Under current law, no person may advertise for the purpose of finding a child to
adopt or that the person will find an adoptive home for a child or arrange for or assist in
the adoption of a child or will place a child for adoption. This prohibition does not apply
to DHFS, a county department of human services or social services (county department),
or a child welfare agency licensed by DHFS to place children for adoption.
The bill prohibits publishing by a public medium of adoption advertisements that
violate current law relating to adoption advertising.
• Preadoption Preparation for First-Time Adoptive Parents
Under current law, preadoption preparation is not required.
This bill requires a juvenile court, in a proceeding for the adoption of a child by
nonrelatives, to order the person or persons who are petitioning to adopt the child, if they
have not adopted any prior children, to obtain preadoption preparation on issues that
may confront adoptive parents. The preparation may be provided by a licensed child
welfare agency, a licensed private adoption agency, or a state-funded post-adoption
resource center. DHFS is required to promulgate rules on the number of hours of
preadoption preparation that is required, as well as the topics to be covered in the
training. The proposed adoptive parents must pay for the training.
Under the bill, the same provisions apply to persons who are petitioning to adopt
a foreign child.
• Continuation of Dispositional Orders
Current law provides that, if a petition for TPR is filed or an appeal from a
judgment terminating or denying TPR is filed during the year in which a CHIPS
dispositional order or an extension order is in effect, the dispositional or extension order
remains in effect until all proceedings relating to the petition or appeal are concluded.
However, in some TPR cases, especially with newborn infants, there may be an issue as
to whether a parent may contest for placement or visitation while a TPR case is pending.
In such cases, there may not be a CHIPS dispositional or extension order in effect, but
there may be in effect an existing voluntary placement agreement with an adoption
agency or a guardianship order with respect to the child.
This bill provides that a voluntary agreement for the placement of the child, or a
guardianship order for the child, shall also remain in effect until all proceedings relating
to a TPR petition or appeal are concluded, as is allowed under current law with respect
to CHIPS dispositional or extension orders.
Foster Parent Provisions
• Fair Hearings for Head of Home
Under current law, any decision or order issued by DHFS, the Department of
Corrections, a county department, or a licensed child welfare agency authorized to place
children in foster homes, treatment foster homes, or group homes that affects the head
of a foster, treatment foster, or group home or the child involved may be appealed to DHFS
under fair hearing procedures. DHFS must, upon receipt of a request for an appeal, give
the head of home notice and the opportunity for a fair hearing. At all appeal hearings
under this provision, the head of home, or his or her representative, must have adequate
opportunity to examine all documents and records to be used at the hearing.
Also under current law, the circuit court for the county where the child is placed
has jurisdiction upon the petition of any interested party over a child who is placed in a
foster home, treatment foster home, or group home. The circuit court may call a hearing
for the purpose of reviewing any decision or order of the agency that placed the child that
involves the placement and care of the child. The court must determine the case so as to
promote the best interests of the child.
This bill provides that the head of a foster, treatment foster, or group home who
receives notice of intent to remove a child from the home and who appeals that
determination under the DHFS fair hearing procedures is a party to the fair hearing
proceeding and provides that the head of the home may examine documents and records
that are relevant to the issue of the child's removal for purposes of such a proceeding.
The bill also provides that the circuit court for the county where the dispositional
order placing a child in a foster, treatment foster, or group home was entered or a
voluntary agreement so placing a child was made has jurisdiction to review an agency
decision or order involving the placement of the child. Under the bill, the petitioner must
show by clear and convincing evidence that the agency's decision or order is not in the best
interests of the child.
• Appeals of Licensing Decisions
Under current law, s. 48.75, stats., governs the licensing of foster homes and
treatment foster homes by public licensing agencies and child welfare agencies. A "public
licensing agency" is defined as the county department or, in Milwaukee County, DHFS.
Under s. 48.75 (2), any foster home or treatment foster home applicant or licensee of a
public licensing agency or a child welfare agency may, if aggrieved by the failure to issue
or renew its license or by revocation of its license, appeal as provided in s. 48.72, stats.
The statute further provides that judicial review of the department's decision may be had
as provided in ch. 227, stats.
Section 48.72, stats., sets forth the appeal procedure of licensing decisions. Under
s. 48.72, stats., any person aggrieved by DHFS's refusal or failure to issue, renew, or
continue a license has the right to an administrative hearing provided for contested cases
in ch. 227, stats. Because this statute does not specify that the public licensing agency
or child welfare agency also has a right to subsequent judicial review of the
administrative law judge's decision on a licensing issue, the Bureau of Milwaukee Child
Welfare (BMCW), which is the subunit of DHFS responsible for providing child welfare
services in Milwaukee County, has taken the position that the BMCW does not have the
right to challenge decisions of administrative law judges in circuit court.
This bill specifically grants the BMCW the right to judicial review of the
administrative law judge's decision, in cases in which an administrative law judge has
made a licensing decision that the BMCW disagrees with and wishes to appeal.
CHIPS Provisions
• Change in County of Residence of Child Welfare Services Clients
Current law does not require notice to a new county of residence when a person who
is receiving child welfare services moves to another county.
This bill provides that as soon as practicable after learning that a person who is
receiving child welfare services has changed his or her county of residence, the county
department or, in Milwaukee County, DHFS must provide notice of that change to the
county department of the person's new county of residence. Notice must be provided to
DHFS if the person's new county of residence is Milwaukee County.
AB521, s. 1
1Section
1
. 46.03 (7) (bm) of the statutes is amended to read:
AB521,12,52
46.03
(7) (bm) Maintain a file containing records of artificial inseminations
3under s. 891.40
and records of, declarations of paternal interest under s. 48.025
, and
4of statements acknowledging paternity under s. 69.15 (3) (b). The department
shall 5may release
these those records
, declarations, and statements only upon an order of
6the court except that the department may use nonidentifying information
7concerning artificial inseminations for the purpose of compiling statistics
and except
8that records relating to, declarations of paternal interest
shall be released as
9provided in s. 48.025 (3) (b) and (c), and statements acknowledging paternity shall
1be released
without a court order to the department of workforce development or a
2county child support agency under s. 59.53 (5)
without a court order upon the request
3of
the that department
of workforce development or a or county child support agency
4under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or
by to any
5other person with a direct and tangible interest in the
record statement.
Note: Permits DHFS to release declarations of paternal interest filed under s.
48.025, stats., upon court order and as provided in s. 48.025 (3) (b) and (c), stats., as
created by the bill. Current law requires DHFS to release a declaration of paternal
interest to DWD or a county child support agency upon request or to any other person
with a direct and tangible interest in the declaration and permits DHFS to release a
declaration to any other person only upon court order. The bill does not allow declarations
to be released to DWD or a county child support agency.
AB521, s. 2
6Section
2
. 48.025 (1) of the statutes is amended to read:
AB521,12,127
48.025
(1) Any person claiming to be the father of a nonmarital child who is not
8adopted or whose parents do not subsequently intermarry under s. 767.60
and whose
9paternity has not been established may, in accordance with procedures under this
10section, file with the department a declaration of his interest in matters affecting
11such the child.
The department may not charge a fee for filing a declaration under
12this section.
Note: Provides that DHFS may not charge a fee for filing a declaration of paternal
interest.
AB521, s. 3
13Section
3
. 48.025 (2) of the statutes is renumbered 48.025 (2) (a) and amended
14to read:
AB521,12,1815
48.025
(2) (a)
The A declaration
provided in under sub. (1) may be filed at any
16time
except after before a termination of the father's
parental rights under subch.
17VIII.
This paragraph does not apply to a declaration that is filed on or after the
18effective date of this paragraph .... [revisor inserts date].
AB521,13,5
19(c) The declaration shall be in writing,
shall be signed
and verified upon oath
20or affirmation by the person filing the declaration
, and shall contain the person's
1name and address, the name and last-known address of the mother, the month and
2year of the birth or expected birth of the child
, and a statement that
he the person
3filing the declaration has reason to believe that he may be the father of the child.
If
4the person filing the declaration is under 18 years of age, the declaration shall also
5be signed by a parent or guardian of the person.
Note: Requires that a declaration of paternal interest be signed and verified upon
oath or affirmation. If the person filing the declaration is a minor, the declaration must
also be signed by the person's parent or guardian.
AB521, s. 4
6Section
4
. 48.025 (2) (b) of the statutes is created to read:
AB521,13,117
48.025
(2) (b) A declaration under sub. (1) may be filed at any time before the
8birth of the child or within 14 days after the birth of the child, except that a man who
9receives a notice under s. 48.42 (1g) (b) may file a declaration within 21 days after
10the date on which the notice was mailed. This paragraph does not apply to a
11declaration filed before the effective date of this paragraph .... [revisor inserts date].
Note: Provides that a declaration of paternal interest may be filed at any time
before the birth of the child or within 14 days after the birth, unless the man receives a
notice as provided in s. 48.42 (1g) (b), stats., as created by the bill. In that case, the man
may file a declaration within 21 days after the mailing date after the notice.
AB521, s. 5
12Section
5
. 48.025 (2) (d) of the statutes is created to read:
AB521,13,1813
48.025
(2) (d) A person who has filed a declaration under sub. (1) may revoke
14the declaration at any time by filing with the department a statement, signed and
15verified upon oath or affirmation, that the person, to the best of his knowledge and
16belief, is not the father of the child or that another person has been adjudicated as
17the father of the child. If the person filing the revocation is under 18 years of age,
18the revocation shall also be signed by a parent or guardian of the person.
Note: Permits a person who has filed a declaration of paternal interest to revoke
the declaration. If the person filing the revocation is a minor, the revocation must also
be signed by the person's parent or guardian.
AB521, s. 6
19Section
6. 48.025 (3) of the statutes is renumbered 48.025 (3) (b).
AB521, s. 7
1Section
7. 48.025 (3) (a) of the statutes is created to read:
AB521,14,52
48.025
(3) (a) The department shall keep confidential and may not open to
3public inspection or disclose the contents of any declaration, revocation of a
4declaration, or response to a declaration filed under this section, except as provided
5under pars. (b) and (c) or by order of the court for good cause shown.
AB521, s. 8
6Section
8. 48.025 (3) (c) and (d) of the statutes are created to read:
AB521,14,207
48.025
(3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
8or under a substantially similar law of another state or a person authorized to file
9a petition under s. 48.42, 48.837, or 938.25 or under a substantially similar law of
10another state may request the department to search its files to determine whether
11a person who may be the father of the child who is the subject of the proceeding has
12filed a declaration under this section. If the department has on file a declaration of
13paternal interest in matters affecting the child, the department shall issue to the
14requester a copy of the declaration. If the department does not have on file a
15declaration of paternal interest in matters affecting the child, the department shall
16issue to the requester a statement that no declaration could be located. The
17department may require a person who requests a search under this paragraph to pay
18a reasonable fee that is sufficient to defray the costs to the department of
19maintaining its file of declarations and publicizing information relating to
20declarations of paternal interest under this section.
AB521,14,2521
(d) Any person who obtains any information under this subsection may use or
22disclose that information only for the purposes of a proceeding under s. 48.13, 48.133,
2348.14, or 938.13 or under a substantially similar law of another state and may not
24use or disclose that information for any other purpose except by order of the court for
25good cause shown.
Note: Requires DHFS to keep declarations of paternal interest confidential, except
that DHFS must, on the request of a juvenile court in a CHIPS, a juvenile in need of
protection or services (JIPS), a TPR, or an adoption proceeding or of a person authorized
to file a CHIPS, JIPS, TPR, or adoption petition, search its files to determine whether a
person who may be the father of the child who is the subject of the proceeding has filed
a declaration. If DHFS has a declaration on file, it must issue to the requester a copy of
the declaration. If DHFS does not have a declaration on file, it must issue to the requester
a statement that no declaration could be located. A TPR petitioner then must file with
the juvenile court, prior to the plea hearing, the copy of the declaration or the statement
that no declaration could be located.
AB521, s. 9
1Section
9
. 48.025 (5) of the statutes is created to read:
AB521,15,42
48.025
(5) (a) The department shall publicize, in a manner calculated to
3provide maximum notice to all persons who might claim to be the father of a
4nonmarital child, all of the following information:
AB521,15,75
1. That a person claiming to be the father of a nonmarital child may
6affirmatively protect his parental rights by filing a declaration of interest under this
7section.
AB521,15,88
2. The procedures for filing a declaration of interest.
AB521,15,99
3. The consequences of filing a declaration of interest.
AB521,15,1010
4. The consequences of not filing a declaration of interest.
AB521,15,1411
(b) The department may publicize the information under par. (a) by posting the
12information on the Internet, by creating a pamphlet for use by schools and health
13care providers, and by requiring agencies that provide services under contract with
14the department to provide the information to clients.
Note: Requires DHFS to publicize information about declarations of paternal
interest. Specifically, DHFS must publicize that a person who may be the father of a child
may affirmatively protect his parental rights by filing a declaration, the procedures for
and consequences of filing a declaration, and the consequences of not filing a declaration.
DHFS may publicize this information on the Internet, through a pamphlet, and by
requiring agencies that provide services under contract with DHFS to provide the
information to clients.
AB521, s. 10
15Section
10
. 48.025 (6) of the statutes is created to read:
AB521,16,4
148.025
(6) (a) Any person who makes a false statement in a declaration,
2revocation of a declaration, or response to a declaration filed under this section that
3the person does not believe is true is subject to prosecution for false swearing under
4s. 946.32 (2).
AB521,16,75
(b) Except as permitted under sub. (3), any person who intentionally obtains,
6uses, or discloses information that is confidential under this section may be fined not
7more than $1,000 or imprisoned for not more than 90 days or both.
Note: Provides that a person who makes a false statement in a declaration,
revocation of a declaration, or response to a declaration that the person does not believe
is true is subject to prosecution for false swearing. False swearing is a Class A
misdemeanor punishable by a fine not to exceed $10,000 or imprisonment not to exceed
9 months, or both.
Also, a person who intentionally obtains, uses, or discloses information relating to
a declaration that is confidential may be fined up to $1,000 or imprisoned for up to 90 days
or both.
AB521, s. 11
8Section
11. 48.235 (1) (g) of the statutes is created to read:
AB521,16,139
48.235
(1) (g) The court shall appoint a guardian ad litem for a parent who is
10the subject of a termination of parental rights proceeding, if any assessment or
11examination of a parent that is ordered under s. 48.295 (1) shows that the parent is
12not competent to participate in the proceeding or to assist his or her counsel or the
13court in protecting the parent's rights in the proceeding.
Note: Requires a juvenile court, in a TPR proceeding, to appoint a GAL for a parent
who is the subject of such a proceeding if any assessment or examination of the parent
shows that the parent is not competent to participate in the proceeding or to assist his
or her counsel or the juvenile court in protecting the parent's rights in the proceeding.
AB521, s. 12
14Section
12. 48.235 (5m) of the statutes is created to read:
AB521,17,315
48.235
(5m) Matters involving contested termination of parental rights
16proceedings. (a) In any termination of parental rights proceeding involving a child
17who has been found to be in need of protection or services and whose parent is
18contesting the termination of his or her parental rights, a guardian ad litem for a
19parent who has been appointed under sub. (1) (g) shall provide information to the
1court relating to the parent's competency to participate in the proceeding, and shall
2also provide assistance to the court and the parent's adversary counsel in protecting
3the parent's rights in the proceeding.
AB521,17,74
(b) The guardian ad litem may not participate in the proceeding as a party, and
5may not call witnesses, provide opening statements or closing arguments, or
6participate in any activity at trial that is required to be performed by the parent's
7adversary counsel.
Note: Requires the GAL for a parent to provide information to the juvenile court
relating to the parent's competency to participate in a contested TPR proceeding, and to
also provide assistance to the juvenile court and to the parent's adversary counsel in
protecting the parent's rights in the proceeding. This provision also specifies that the
GAL may not participate in the proceeding as a party, and may not call witnesses, provide
opening statements or closing arguments, or participate in any activity at trial that is
required to be performed by the parent's adversary counsel.
AB521, s. 13
8Section
13
. 48.27 (3) (b) 1. a. of the statutes is amended to read:
AB521,17,109
48.27
(3) (b) 1. a. A person who has filed a declaration of
paternal interest under
10s. 48.025.
AB521, s. 14
11Section
14
. 48.27 (5) of the statutes is amended to read:
AB521,17,1712
48.27
(5) Subject to sub. (3) (b), the court shall make every reasonable effort
13to identify and notify any person who has filed a declaration of
paternal interest
14under s. 48.025
, any person who has acknowledged paternity of the child under s.
15767.62 (1), and any person who has been adjudged to be the
biological father of the
16child in a judicial proceeding unless the
biological father's person's parental rights
17have been terminated.
Note: Under current law, the juvenile court must make every reasonable effort to
identify any person who has filed a declaration of paternal interest and any person who
has been adjudged to be the father of the child, if his parental rights have not been
terminated, of a CHIPS proceeding.
This Section also requires the juvenile court to make every reasonable effort to
identify and notify a person who has acknowledged paternity of the child.
AB521, s. 15
18Section
15. 48.295 (1) of the statutes is amended to read:
AB521,18,24
148.295
(1) After the filing of a petition and upon a finding by the court that
2reasonable cause exists to warrant
an a physical, psychological, mental, or
3developmental examination or an alcohol and other drug abuse assessment that
4conforms to the criteria specified under s. 48.547 (4), the court may order any child
5coming within its jurisdiction to be examined as an outpatient by personnel in an
6approved treatment facility for alcohol and other drug abuse, by a physician,
7psychiatrist or licensed psychologist, or by another expert appointed by the court
8holding at least a master's degree in social work or another related field of child
9development, in order that the child's physical, psychological, alcohol or other drug
10dependency, mental
, or developmental condition may be considered. The court may
11also order
an a physical, psychological, mental, or developmental examination or an
12alcohol and other drug abuse assessment that conforms to the criteria specified
13under s. 48.547 (4) of a parent, guardian
, or legal custodian whose ability to care for
14a child is at issue before the court or of an expectant mother whose ability to control
15her use of alcohol beverages, controlled substances
, or controlled substance analogs
16is at issue before the court. The court shall hear any objections by the child
, or the
17child's parents, guardian
, or legal custodian to the request for such an examination
18or assessment before ordering the examination or assessment.
At the time an
19examination of a parent, guardian, or legal custodian is ordered, the court shall
20advise the subject of the examination of the provisions of sub. (2c). The expenses of
21an examination, if approved by the court, shall be paid by the county of the court
22ordering the examination in a county having a population of less than 500,000 or by
23the department in a county having a population of 500,000 or more. The payment
24for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.
Note: Adds language to clarify that the "examination" referred to in s. 48.295 (1),
stats., is a physical, psychological, mental, or developmental examination, as is specified
in the title to this statutory section. Requires the court to inform a parent, guardian, or
legal custodian of the provisions of s. 48.295 (2c), stats., when an examination is ordered.
AB521, s. 16
1Section
16. 48.295 (2c) of the statutes is created to read:
AB521,19,62
48.295
(2c) Statements made by a parent, guardian, or legal custodian, and the
3results of any tests conducted and any diagnosis made, in the course of an
4assessment or examination performed under sub. (1), are not privileged in any
5proceeding under ch. 48 or ch. 938, except in a delinquency proceeding under s.
6938.12.
Note: Provides that statements made by a parent and the results of any tests
conducted and any diagnosis made in the course of an alcohol or drug abuse assessment
or physical, psychological, mental or developmental examination under 48.295 (1), are
not privileged in any proceeding under ch. 48 or ch. 938, stats., except in a delinquency
proceeding under s. 938.12, stats.
AB521, s. 17
7Section
17. 48.355 (2) (b) 1. of the statutes is renumbered 48.355 (2) (b) 1.
8(intro.) and amended to read:
AB521,19,199
48.355
(2) (b) 1. (intro.) The specific services or continuum of services to be
10provided to the child and family, to the child expectant mother and family
, or to the
11adult expectant mother, the identity of the agencies which are to be primarily
12responsible for the provision of the services ordered by the judge, the identity of the
13person or agency who will provide case management or coordination of services, if
14any, and, if custody of the child is to be transferred to effect the treatment plan, the
15identity of the legal custodian.
Regardless of any other provision of an order under
16this section, during any period of incarceration of a parent serving a prison sentence,
17services for the parent shall be limited to services that are available within the
18correctional institution, and the agency primarily responsible for the provision of
19services ordered by the judge shall do all of the following:
AB521, s. 18
20Section
18. 48.355 (2) (b) 1. a. to d. of the statutes are created to read:
AB521,20,2
148.355
(2) (b) 1. a. Advise the parent of the services that may be available
2within the correctional institution.
AB521,20,53
b. Advise the correctional institution of the services to be provided under the
4court order and, if the child is placed outside the home, of the conditions contained
5in the court order for the safe return of the child to the home.
AB521,20,76
c. Monitor the parent's participation and progress in relevant services made
7available to the parent within the correctional institution.