AB486: Bill Text

This bill requires the juvenile court to give a foster parent, treatment foster parent, operator of a facility in which a child is living, relative with whom a child is living, or other physical custodian of a child a right to be heard at any hearing under the Children's Code or the Juvenile Justice Code, involving the child, other than a hearing for which notice need only be provided to the child and his or her counsel.

Notice to relatives when child removed from home

The Fostering Connections to Success and Increasing Adoptions Act of 2008 requires that within 30 days after the removal of a child from the custody of the parent or parents of the child, a state must exercise due diligence to identify and provide notice to all adult grandparents and other adult relatives of the child, including any other adult relatives suggested by the parents, subject to exceptions due to family or domestic violence. The notice must do all of the following:

1. Specify that the child has been or is being removed from the custody of the parent or parents of the child.

2. Explain the options the relative has under federal, state, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice.

3. Describe the requirements to become a foster family home and the additional services and supports that are available for children placed in such a home.

This bill requires the juvenile court to request a child's parent to provide the names of three relatives of the child or other individuals 18 years of age or over whose homes the parent requests the juvenile court to consider as placements for the child. The juvenile court must request that information at the temporary physical custody hearing or, if that information has not been previously requested, at a dispositional hearing or change-in-placement hearing placing the child outside the parent's home. If the parent does not provide that information at the hearing, the agency must permit the parent to provide the information at a later date.

The juvenile court then must order the agency to conduct a diligent search in order to locate and provide notice of certain information specified in the bill to all of the relatives names by the parent and to all adult relatives of the child within 30 days after the hearing. The bill, for purposes of notification, defines "adult relative" as a grandparent, great-grandparent, aunt, uncle, brother, sister, half brother, or half sister of the child who has attained 18 years of age. The bill also permits the juvenile court to order the agency to notify any other individual whose home is recommended as a placement option by the parent. The agency may not provide notice to a person named by a parent or to an adult relative if the agency has reason to believe that it would be dangerous to the child or to the parent if the child were placed with that person or adult relative.

The bill requires the notice to include all of the following:

1. A statement that the child has been removed from the custody of the child's parent.

2. A statement that explains the options that the person notified has under state or federal law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice.

3. A description of the requirements to obtain a foster home license or to receive kinship care payments and of the additional services and supports that are available for children placed in a foster home or in the home of a person receiving those payments.

4. A statement advising the person notified that he or she may incur additional expenses if the child is placed in his or her home and that reimbursement for some of those expenses may be available.

5. The name and contact information of the agency that removed the child from the custody of the child's parent.

Placement with siblings

The Fostering Connections to Success and Increasing Adoptions Act of 2008 requires a state plan for foster care and adoption assistance to provide that reasonable efforts shall be made to do all of the following:

1. Place siblings removed from their home in the same foster care or adoptive placement, unless the state documents that such a joint placement would be contrary to the safety or well-being of any of the siblings.

2. In the case of siblings removed from the home who are not jointly placed, provide for frequent visitation or other ongoing interaction between the siblings, unless the state documents that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.

This bill requires the permanency plan of a child who has been removed from the home and who has one or more siblings who have also been removed from the home to include a description of the efforts made to place the child in a placement that enables the sibling group to remain together and, if a decision is made not to place the child and his or her siblings in a joint placement, a statement as to why a joint placement would be contrary to the safety or well-being of the child or any of those siblings and a description of the efforts made to provide for frequent visitation or other ongoing interaction between the child and those siblings. If a decision is made not to provide for that visitation or interaction, the permanency plan must include a statement as to why that visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

The bill also requires an agency, before placing for adoption a child who has one or more siblings who have been adopted or who have been placed for adoption, to make reasonable efforts to place the child for adoption with an adoptive parent or proposed adoptive parent of such a sibling, unless the agency determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the agency must make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the agency determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

In addition, the bill requires the juvenile court, when ordering into temporary physical custody a child who has one or more siblings who have been removed from the home or when ordering such a child to be placed outside the home under a dispositional order or a change-in-placement order, to include in the order a finding that reasonable efforts have been made to place the child in a placement that enables the sibling group to remain together, unless the juvenile court determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the juvenile court must order the agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the juvenile court determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

Plan for transition to independent living

Under current law, a permanency plan for a child 15 years of age or over must include a description of the programs and services that are or will be provided to assist the child in preparing for the transition from out-of-home care to independent living.

The Fostering Connections to Success and Increasing Adoptions Act of 2008 requires a state's case review system to include procedures to assure that during the 90-day period immediately prior to the date on which a child will attain 18 years of age the child is provided with assistance and support in developing a transition plan that is personalized at the direction of the child, includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as the child may elect.

This bill requires the agency primarily responsible for providing services to a child who is placed in a foster home, group home, subsidized guardianship home, or residential care center for children and youth, or in the home of a relative other than a parent to provide the child with assistance and support in developing a plan for making the transition to independent living by no later than 90 days before the child attains 18 years of age or, if the child is under a juvenile court order that terminates after the child attains 18 years of age, by no later than 90 days before the order terminates. The plan must be personalized at the direction of the child, must be as detailed as the child directs, and must include specific options for obtaining housing, health care, education, mentoring and continuing support services, and workforce support and employment services.

Reporting of infants affected by controlled substances

CAPTA requires a state's state plan to include a requirement that a health care provider involved in the delivery or care of an infant identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure to notify the child protective services system of the occurrence of that condition in the infant. Current state law requires a physician who determines that there is a serious risk that an infant's bodily fluids contain a controlled substance to report that information to a county department of human services or social services or, in Milwaukee County, to the county department of community programs or developmental disabilities services. The county department then must offer or make arrangements for the provision of appropriate services and treatment for the infant and the infant's mother.

This bill requires a physician who determines that there is a serious risk that an infant's bodily fluids contain a controlled substance to report that information to the agency that is responsible for investigating reports of suspected child abuse or neglect, which is the county department, DCF in Milwaukee County, or a child welfare agency under contract with a county department or DCF to conduct those investigations. Under the bill, if a county department or a child welfare agency under contract with a county department receives such a report, the county department or child welfare agency must offer or make arrangements for the provision of appropriate services and treatment for the infant and the infant's mother and, if DCF or a child welfare agency under contract with DCF receives such a report, DCF or the child welfare agency must refer the report to the county department of community programs or developmental disabilities services and that county department must offer or make arrangements for the provision of those services and that treatment.

Circuit court commissioner review of permanency plans

Under current law, a circuit court commissioner assigned to assist in juvenile matters may conduct certain proceedings under the Children's Code and the Juvenile Justice Code, including temporary physical custody hearings, plea hearings, and uncontested fact-finding and dispositional hearings. This bill permits a circuit court commissioner to conduct permanency plan reviews and hearings.

Termination of parental rights filing requirements

Under current law, if a child has been placed in an out-of-home placement for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or the first six months of any period during which the child was returned to his or her home for a trial home visit, an agency or the district attorney, corporation counsel, or other appropriate official designated by the county board to prosecute 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.

This bill, for purposes of determining whether a child has been placed outside the home for 15 of the most recent 22 months, only includes periods during which the child was placed in a foster home, treatment foster home, group home, nonsecured residential care center for children and youth, or shelter care facility.

Reasonable efforts to achieve goals of permanency plan

Under current law, a juvenile court order placing a child outside the home must include a finding that reasonable efforts have been made to achieve the goals of the child's permanency plan. This bill requires that finding only if a permanency plan has previously been prepared for the child.

Informal disposition

Under current law, when information is referred to the juvenile court intake worker indicating that a child should be referred to the juvenile court as in need of protection or services, the intake worker may enter into an informal disposition with the child's parent, guardian, and legal custodian and, if the child is 12 years of age or over, the child. An informal disposition may provide that the child attend counseling and abide by certain obligations, but an informal disposition may not include any form of residential placement. This bill provides than an informal disposition may not include any form of out-of-home placement.

Confidentiality of records

Finally, the bill creates an exception to the confidentiality of agency and child abuse and neglect records so that the agency may disclose information to all of the following:

1. A relative of a child who is placed outside his or her home only to the extent necessary to facilitate the establishment of a relationship between the child and the relative or a placement of the child with the relative.

2. A public or private agency in this state or any other state that is investigating a person for purposes of licensing the person to operate a foster home or placing a child for adoption in the home of the person.

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:

AB486, s. 1 Section 1. 46.238 of the statutes is amended to read:

AB486,11,15 46.238 Infants and unborn children whose mothers abuse controlled substances or controlled substance analogs. If a county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, a county department under s. 51.42 or 51.437 an agency, as defined in s. 48.981 (1) (ag), receives a report under s. 146.0255 (2) and that agency is a county department under s. 46.22 or 46.23 or a licensed child welfare agency under contract with that county department, the county department agency shall offer to provide appropriate services and treatment to the child and the child's mother or to the unborn child, as defined in s. 48.02 (19), and the expectant mother of the unborn child or the county department agency shall make arrangements for the provision of appropriate services or and treatment. If an agency receives a report under s. 146.0255 (2) and that agency is the department or a licensed child welfare agency under contract with the department, the agency shall refer the report to the county department under s. 51.42 or 51.437 and that county department shall offer to provide, or make arrangements for the provision of, those services and that treatment.

AB486, s. 2 Section 2. 48.21 (3) (f) of the statutes is created to read:

AB486,11,24 48.21 (3) (f) If present at the hearing, the parent shall be requested to provide the names and other identifying information of 3 relatives of the child or other individuals 18 years of age or over whose homes the parent requests the court to consider as placements for the child. If the parent does not provide that information at the hearing, the county department, the department in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child under the custody order shall permit the parent to provide the information at a later date.

AB486, s. 3 Section 3. 48.21 (5) (b) 2m. of the statutes is created to read:

AB486,12,12 48.21 (5) (b) 2m. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been removed from the home, a finding as to whether the intake worker has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the judge or circuit court commissioner determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the judge or circuit court commissioner shall order the county department, department in a county having a population of 500,000 or more, or agency primarily responsible for providing services to the child under the custody order to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the judge or circuit court commissioner determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

AB486, s. 4 Section 4. 48.21 (5) (d) 1. of the statutes is renumbered 48.21 (5) (d) and amended to read:

AB486,12,21 48.21 (5) (d) If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency plan for the child. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

AB486, s. 5 Section 5. 48.21 (5) (d) 2. of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB486, s. 6 Section 6. 48.21 (5) (d) 3. of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB486, s. 7 Section 7 . 48.21 (5) (e) of the statutes is created to read:

AB486,13,4 48.21 (5) (e) 1. In this paragraph, "adult relative" means a grandparent, great-grandparent, aunt, uncle, brother, sister, half brother, or half sister of a child, whether by blood, marriage, or legal adoption, who has attained 18 years of age.

AB486,13,20 2. The court shall order the county department, the department in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child under the custody order to conduct a diligent search in order to locate and provide notice of the information specified in this subdivision to all relatives of the child named under sub. (3) (f) and to all adult relatives of the child within 30 days after the child is removed from the custody of the child's parent unless the child is returned to his or her home within that period. The court may also order the county department, department, or agency to conduct a diligent search in order to locate and provide notice of the information specified in this subdivision to all other adult individuals named under sub. (3) (f) within 30 days after the child is removed from the custody of the child's parent unless the child is returned to his or her home within that period. The county department, department, or agency may not provide that notice to a person named under sub. (3) (f) or to an adult relative if the county department, department, or agency has reason to believe that it would be dangerous to the child or to the parent if the child were placed with that person or adult relative. The notice shall include all of the following:

AB486,13,22 a. A statement that the child has been removed from the custody of the child's parent.

AB486,13,25 b. A statement that explains the options that the person provided with the notice has under state or federal law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice.

AB486,14,4 c. A description of the requirements to obtain a foster home license under s. 48.62 or to receive kinship care or long-term kinship care payments under s. 48.57 (3m) or (3n) and of the additional services and supports that are available for children placed in a foster home or in the home of a person receiving those payments.

AB486,14,7 d. A statement advising the person provided with the notice that he or she may incur additional expenses if the child is placed in his or her home and that reimbursement for some of those expenses may be available.

AB486,14,9 e. The name and contact information of the agency that removed the child from the custody of the child's parent.

AB486, s. 8 Section 8. 48.245 (2) (b) of the statutes is amended to read:

AB486,14,13 48.245 (2) (b) Informal disposition may not include any form of residential out-of-home placement and may not exceed 6 months, except as provided under sub. (2r).

AB486, s. 9 Section 9. 48.27 (3) (a) 1m. of the statutes is amended to read:

AB486,14,24 48.27 (3) (a) 1m. The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 1. an opportunity a right to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. and an opportunity a right to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity right to be heard.

AB486, s. 10 Section 10. 48.27 (3) (a) 1m. of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB486,15,11 48.27 (3) (a) 1m. The court shall give a foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 1. a right to be heard at the hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. and a right to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

AB486, s. 11 Section 11. 48.27 (6) of the statutes is amended to read:

AB486,15,19 48.27 (6) When a proceeding is initiated under s. 48.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court, consistent with applicable governing statutes. In addition, if. If the child who is the subject of the proceeding is in the care of a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian notice and an opportunity a right to be heard as provided in sub. (3) (a).

AB486, s. 12 Section 12. 48.27 (6) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB486,16,2 48.27 (6) When a proceeding is initiated under s. 48.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court. If the child who is the subject of the proceeding is in the care of a foster parent or other physical custodian described in s. 48.62 (2), the court shall give the foster parent or other physical custodian notice and a right to be heard as provided in sub. (3) (a).

AB486, s. 13 Section 13. 48.32 (1) (b) 1. c. of the statutes is amended to read:

AB486,16,9 48.32 (1) (b) 1. c. A If a permanency plan has previously been prepared for the child, a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement, unless return of the child to the home is the goal of the permanency plan and the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

AB486, s. 14 Section 14. 48.32 (1) (b) 1m. of the statutes is created to read:

AB486,16,23 48.32 (1) (b) 1m. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been removed from the home, the consent decree shall include a finding as to whether the county department, department in a county having a population of 500,000 or more, or agency primarily responsible for providing services to the child has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the judge or circuit court commissioner determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the judge or circuit court commissioner shall order the county department, department, or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the judge or circuit court commissioner determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

AB486, s. 15 Section 15. 48.33 (4) (c) of the statutes is amended to read:

AB486,17,13 48.33 (4) (c) Specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, specific information showing that the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been prepared for the child, specific information showing that the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

AB486, s. 16 Section 16. 48.33 (4) (d) of the statutes is created to read:

AB486,17,25 48.33 (4) (d) 1. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have been removed from the home or for whom an out-of-home placement is recommended, specific information showing that the county department, department in a county having a population of 500,000 or more, or agency primarily responsible for providing services to the child has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the county department, department, or agency recommends that the child and his or her siblings not be placed in a joint placement, in which case the report shall include specific information showing that a joint placement would be contrary to the safety or well-being of the child or any of those siblings and the specific information required under subd. 2.

AB486,18,8 2. If a recommendation is made that the child and his or her siblings not be placed in a joint placement, specific information showing that the county department, department, or agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the county department, department, or agency recommends that such visitation or interaction not be provided, in which case the report shall include specific information showing that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

AB486, s. 17 Section 17. 48.335 (3g) (c) of the statutes is amended to read:

AB486,18,15 48.335 (3g) (c) That, if a permanency plan has previously been prepared for the child, the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

AB486, s. 18 Section 18. 48.335 (3g) (d) of the statutes is created to read:

AB486,19,2 48.335 (3g) (d) 1. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have been removed from the home or for whom an out-of-home placement is recommended, that the county department, department, or agency has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the county department, department, or agency recommends that the child and his or her siblings not be placed in a joint placement, in which case the county department, department, or agency shall present as evidence specific information showing that a joint placement would be contrary to the safety or well-being of the child or any of those siblings and the specific information required under subd. 2.

AB486,19,10 2. If a recommendation is made that the child and his or her siblings not be placed in a joint placement, that the county department, department, or agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the county department, department, or agency recommends that such visitation or interaction not be provided, in which case the county department, department, or agency shall present as evidence specific information showing that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

AB486, s. 19 Section 19. 48.335 (6) of the statutes is created to read:

AB486,19,20 48.335 (6) If the dispositional order places the child outside the home, the parent, if present at the hearing, shall be requested to provide the names and other identifying information of 3 relatives of the child or other individuals 18 years of age or over whose homes the parent requests the court to consider as placements for the child, unless that information has previously been provided under s. 48.21 (3) (f). If the parent does not provide that information at the hearing, the county department, the department in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child under the dispositional order shall permit the parent to provide the information at a later date.