Note: Sections 6 to 8, 75 and 76, and 155 move the definition of "neglect" from the
child abuse and neglect reporting statute (s. 48.981, stats.) to the beginning of ch. 48,
stats., (the Children's Code). The term "neglect" is used throughout the Children's Code,
so it is more appropriate to define that term at the beginning of that chapter.
SB350, s. 156
8Section
156
. 938.32 (1) (c) 1. c. of the statutes is amended to read:
SB350,50,129
938.32
(1) (c) 1. c. A finding as to whether the county department or agency has
10made reasonable efforts to achieve the goal of the juvenile's permanency plan
, unless
11return of the juvenile to the home is the goal of the permanency plan and the court
12finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.
SB350, s. 157
13Section
157. 938.33 (4) (c) of the statutes is amended to read:
SB350,51,214
938.33
(4) (c) Specific information showing that continued placement of the
15juvenile in his or her home would be contrary to the welfare of the juvenile, specific
16information showing that the county department or the agency primarily
17responsible for providing services to the juvenile has made reasonable efforts to
18prevent the removal of the juvenile from the home, while assuring that the juvenile's
19health and safety are the paramount concerns, unless any of the circumstances
20specified in s. 938.355 (2d) (b) 1. to 4. applies, and specific information showing that
21the county department or agency has made reasonable efforts to achieve the goal of
22the juvenile's permanency plan
, unless return of the juvenile to the home is the goal
1of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b)
21. to 4. applies.
SB350, s. 158
3Section
158
. 938.335 (3g) (c) of the statutes is amended to read:
SB350,51,74
938.335
(3g) (c) That the county department or agency has made reasonable
5efforts to achieve the goal of the juvenile's permanency plan
, unless return of the
6juvenile to the home is the goal of the permanency plan and any of the circumstances
7specified in s. 938.355 (2d) (b) 1. to 4. applies.
SB350, s. 159
8Section
159
. 938.34 (2) (b) of the statutes is amended to read:
SB350,51,139
938.34
(2) (b) If the juvenile is placed in the juvenile's home under the
10supervision of an agency or the department, order the agency or department to
11provide specified services to the juvenile and the juvenile's family, including
12individual, family, or group counseling, homemaker or parent aide services, respite
13care, housing assistance,
day child care, or parent skills training.
SB350, s. 160
14Section
160
. 938.355 (2) (b) 6. of the statutes is amended to read:
SB350,52,1115
938.355
(2) (b) 6. If the juvenile is placed outside the home, a finding that
16continued placement of the juvenile in his or her home would be contrary to the
17welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is
18placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that
19the juvenile's current residence will not safeguard the welfare of the juvenile or the
20community due to the serious nature of the act for which the juvenile was adjudicated
21delinquent. The court order shall also contain a finding as to whether the county
22department or the agency primarily responsible for providing services under a court
23order has made reasonable efforts to prevent the removal of the juvenile from the
24home, while assuring that the juvenile's health and safety are the paramount
25concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1.
1to 4. applies, and a finding as to whether the county department or agency has made
2reasonable efforts to achieve the goal of the juvenile's permanency plan
, unless
3return of the juvenile to the home is the goal of the permanency plan and the court
4finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies. The court shall
5make the findings specified in this subdivision on a case-by-case basis based on
6circumstances specific to the juvenile and shall document or reference the specific
7information on which those findings are based in the court order. A court order that
8merely references this subdivision without documenting or referencing that specific
9information in the court order or an amended court order that retroactively corrects
10an earlier court order that does not comply with this subdivision is not sufficient to
11comply with this subdivision.
SB350, s. 161
12Section
161
. 938.355 (2c) (a) 3. c. of the statutes is amended to read:
SB350,52,1513
938.355
(2c) (a) 3. c. Community support services, such as
day child care,
14parenting skills training, housing assistance, employment training
, and emergency
15mental health services.
SB350, s. 162
16Section
162. 938.356 (1) of the statutes is amended to read:
SB350,52,2417
938.356
(1) Oral warning. Whenever the court orders a juvenile to be placed
18outside his or her home or denies a parent visitation because the juvenile has been
19adjudged to be
delinquent or to be in need of protection or services under s.
938.34, 20938.345, 938.357, 938.363
, or 938.365
and whenever the court reviews a permanency
21plan under s. 938.38 (5m), the court shall orally inform the parent or parents who
22appear in court of any grounds for termination of parental rights under s. 48.415
23which may be applicable and of the conditions necessary for the juvenile to be
24returned to the home or for the parent to be granted visitation.
Note: This Section requires the same termination of parental rights warning
when a juvenile is placed outside the home as a result of delinquency as when a child or
juvenile is placed outside the home due to a need for protection or services.
This
Section also requires termination of parental rights warnings to be given at
annual permanency plan review hearings, which requirement was inadvertently omitted
when
2001 Wisconsin Act 109 replaced annual dispositional order extension hearings
with annual permanency plan review hearings. According to DHFS, these warnings
must be given at permanency plan review hearings to avoid delaying a petition for
termination of parental rights.
SB350, s. 163
1Section
163
. 938.365 (2g) (b) 2. of the statutes is amended to read:
SB350,53,82
938.365
(2g) (b) 2. An evaluation of the juvenile's adjustment to the placement
3and of any progress the juvenile has made, suggestions for amendment of the
4permanency plan, and specific information showing the efforts that have been made
5to achieve the goal of the permanency plan, including, if applicable, the efforts of the
6parents to remedy the factors that contributed to the juvenile's placement
, unless
7return of the juvenile to the home is the goal of the permanency plan and any of the
8circumstances under s. 938.355 (2d) (b) 1. to 4. applies.
SB350, s. 164
9Section
164. 938.365 (2m) (a) 1. of the statutes is amended to read:
SB350,54,210
938.365
(2m) (a) 1. Any party may present evidence relevant to the issue of
11extension. If the juvenile is placed outside of his or her home, the person or agency
12primarily responsible for providing services to the juvenile shall present as evidence
13specific information showing that the
person or agency has made reasonable efforts
14to achieve the goal of the juvenile's permanency plan
, unless return of the juvenile
15to the home is the goal of the permanency plan and any of the circumstances under
16s. 938.355 (2d) (b) 1. to 4. applies. The court shall make findings of fact and
17conclusions of law based on the evidence. The findings of fact shall include a finding
18as to whether reasonable efforts were made by the agency primarily responsible for
19providing services to the juvenile to achieve the goal of the juvenile's permanency
20plan
, unless return of the juvenile to the home is the goal of the permanency plan and
1the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies.
2An order shall be issued under s. 938.355.
SB350, s. 165
3Section
165
. 938.38 (5) (c) 7. of the statutes is amended to read:
SB350,54,74
938.38
(5) (c) 7. Whether reasonable efforts were made by the agency to achieve
5the goal of the permanency plan
, unless return of the juvenile to the home is the goal
6of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b)
71. to 4. applies.
Note: Sections 9 to 11, 13
, 16 to 18, 156 to 158, 160
, and 163 to 165 remove some
language that was added to the statutes by
2001 Wisconsin Act 109 exempting a juvenile
court from the requirement that it make a finding that reasonable efforts have been made
to achieve the goal of a child's permanency plan in a situation in which return of the child
to the home is the goal of the permanency plan and the parent has been found to have
committed certain crimes against his or her child, has had his or her parental rights
terminated with respect to another child, or has subjected the child to certain aggravated
circumstances. According to DHFS, that language is redundant and confusing and,
therefore, should be removed.
SB350, s. 166
8Section
166
. 948.53 (1) (a) of the statutes is amended to read:
SB350,54,119
948.53
(1) (a) "Child care provider" means a
day child care center that is
10licensed under s. 48.65 (1), a
day child care provider that is certified under s. 48.651,
11or a
day child care program that is established or contracted for under s. 120.13 (14).
Note: Sections 1 to 5, 12
, 14, 19 to 70, 73 and 74, 77 to 106
, 108 to 150, 152 to 154,
159, 161
, and 166 change current statutory references from "day care" to "child care" to
reflect current terminology in the child care field and to reflect current licensing
standards.
SB350, s. 167
12Section
167
. 980.01 (1j) of the statutes is amended to read:
SB350,54,1813
980.01
(1j) "Incarceration" includes confinement in a
secured juvenile 14correctional facility, as defined in s. 938.02
(15m)
(10p), or a secured
child caring
15institution residential care center for children and youth, as defined in s. 938.02
16(15g),
or a secured group home, as defined in s. 938.02 (15p), if the person was placed
17in the facility for being adjudicated delinquent under s. 48.34, 1993 stats., or under
18s. 938.183 or 938.34 on the basis of a sexually violent offense.
SB350, s. 168
1Section
168
. 980.02 (1) (b) 3. of the statutes is amended to read:
SB350,55,62
980.02
(1) (b) 3. The county in which the person is in custody under a sentence,
3a placement to a
secured juvenile correctional facility, as defined in s. 938.02
(15m), 4(10p), or a secured
child caring institution residential care center for children and
5youth, as defined in s. 938.02 (15g),
or a secured group home, as defined in s. 938.02
6(15p), or a commitment order.
Note: Sections 107
, 151, 167
, and 168 change current statutory references from
"child caring institutions" to "residential care centers for children and youth." Most of the
references to "child caring institutions" were changed by
2001 Wisconsin Act 59, but these
remaining statutory references were inadvertently omitted from that act.
SB350,55,88
(1)
Out-of-home placements of children.
SB350,55,129
(a)
Juvenile court reports. The treatment of sections 48.33 (4) (c), 48.365 (2g)
10(b) 2., 938.33 (4) (c), and 938.365 (2g) (b) 2. of the statutes first applies to reports filed
11with the court assigned to exercise jurisdiction under chapters 48 and 938 of the
12statutes on the effective date of this paragraph.
SB350,55,1613
(b)
Orders placing child outside home. The treatment of sections 4832 (1) (b)
141. c., 48.355 (2) (b) 6., 48.365 (2m) (a) 1., 938.32 (1) (c) 1. c., 938.355 (2) (b) 6., 938.356
15(1) (with respect to court orders), and 938.365 (2m) (a) 1. of the statutes first applies
16to court orders granted on the effective date of this paragraph.
SB350,55,2017
(c)
Permanency plan reviews and hearings. The treatment of sections 48.356
18(1), 48.38 (5) (c) 7., 938.356 (1) (with respect to permanency plan reviews), and 938.38
19(5) (c) 7. of the statutes first applies to permanency plan reviews and hearings held
20on the effective date of this paragraph.
SB350,56,2
1(1) This act takes effect on July 1, 2008, or on the day after publication,
2whichever is later.