SB350: Bill Text

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 Section 156 . 938.32 (1) (c) 1. c. of the statutes is amended to read:

SB350,50,12 938.32 (1) (c) 1. c. A finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

SB350, s. 157 Section 157. 938.33 (4) (c) of the statutes is amended to read:

SB350,51,2 938.33 (4) (c) Specific information showing that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile, specific information showing that the county department or the agency primarily responsible for providing services to the juvenile has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and specific information showing that the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

SB350, s. 158 Section 158 . 938.335 (3g) (c) of the statutes is amended to read:

SB350,51,7 938.335 (3g) (c) That the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

SB350, s. 159 Section 159 . 938.34 (2) (b) of the statutes is amended to read:

SB350,51,13 938.34 (2) (b) If the juvenile is placed in the juvenile's home under the supervision of an agency or the department, order the agency or department to provide specified services to the juvenile and the juvenile's family, including individual, family, or group counseling, homemaker or parent aide services, respite care, housing assistance, day child care, or parent skills training.

SB350, s. 160 Section 160 . 938.355 (2) (b) 6. of the statutes is amended to read:

SB350,52,11 938.355 (2) (b) 6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and a finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

SB350, s. 161 Section 161 . 938.355 (2c) (a) 3. c. of the statutes is amended to read:

SB350,52,15 938.355 (2c) (a) 3. c. Community support services, such as day child care, parenting skills training, housing assistance, employment training , and emergency mental health services.

SB350, s. 162 Section 162. 938.356 (1) of the statutes is amended to read:

SB350,52,24 938.356 (1) Oral warning. Whenever the court orders a juvenile to be placed outside his or her home or denies a parent visitation because the juvenile has been adjudged to be delinquent or to be in need of protection or services under s. 938.34, 938.345, 938.357, 938.363, or 938.365 and whenever the court reviews a permanency plan under s. 938.38 (5m), the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the juvenile to be returned 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 Section 163 . 938.365 (2g) (b) 2. of the statutes is amended to read:

SB350,53,8 938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the juvenile's placement, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies.

SB350, s. 164 Section 164. 938.365 (2m) (a) 1. of the statutes is amended to read:

SB350,54,2 938.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies. The court shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the juvenile to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies. An order shall be issued under s. 938.355.

SB350, s. 165 Section 165 . 938.38 (5) (c) 7. of the statutes is amended to read:

SB350,54,7 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. 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 Section 166 . 948.53 (1) (a) of the statutes is amended to read:

SB350,54,11 948.53 (1) (a) "Child care provider" means a day child care center that is licensed under s. 48.65 (1), a day child care provider that is certified under s. 48.651, or 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 Section 167 . 980.01 (1j) of the statutes is amended to read:

SB350,54,18 980.01 (1j) "Incarceration" includes confinement in a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.

SB350, s. 168 Section 168 . 980.02 (1) (b) 3. of the statutes is amended to read:

SB350,55,6 980.02 (1) (b) 3. The county in which the person is in custody under a sentence, a placement to a secured juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (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, s. 169 Section 169. Initial applicability.

SB350,55,8 (1) Out-of-home placements of children.

SB350,55,12 (a) Juvenile court reports. The treatment of sections 48.33 (4) (c), 48.365 (2g) (b) 2., 938.33 (4) (c), and 938.365 (2g) (b) 2. of the statutes first applies to reports filed with the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes on the effective date of this paragraph.

SB350,55,16 (b) Orders placing child outside home. The treatment of sections 4832 (1) (b) 1. c., 48.355 (2) (b) 6., 48.365 (2m) (a) 1., 938.32 (1) (c) 1. c., 938.355 (2) (b) 6., 938.356 (1) (with respect to court orders), and 938.365 (2m) (a) 1. of the statutes first applies to court orders granted on the effective date of this paragraph.

SB350,55,20 (c) Permanency plan reviews and hearings. The treatment of sections 48.356 (1), 48.38 (5) (c) 7., 938.356 (1) (with respect to permanency plan reviews), and 938.38 (5) (c) 7. of the statutes first applies to permanency plan reviews and hearings held on the effective date of this paragraph.

SB350, s. 170 Section 170. Effective date.

SB350,56,2 (1) This act takes effect on July 1, 2008, or on the day after publication, whichever is later.

SB350,56,3 (End)