LRB-4096/2
GMM:kjf:jf
2009 - 2010 LEGISLATURE
February 5, 2010 - Introduced by Representatives Seidel, Berceau, Grigsby,
Sinicki and Zepnick, cosponsored by Senators Jauch, Holperin, Miller,
Lehman and Lassa. Referred to Committee on Children and Families.
AB705,1,4
1An Act to amend 48.60 (4) (b), 48.63 (3) (b) 3., 48.837 (1m), 48.837 (1r) (c), 48.913
2(2) (a), 48.98 (4) (a), 632.896 (1) (c) 3., 938.988, 938.999 (1) (b) 13. and 938.999
3(3) (c); and
to create 14.94, 20.437 (1) (d), 48.9895 and 48.99 of the statutes;
4relating to: the Interstate Compact for the Placement of Children.
Analysis by the Legislative Reference Bureau
Under current law, the Interstate Compact on the Placement of Children
provides procedures for sending a child from this state to another state, placing a
child from this state in an institution in another state, bringing a child from another
state into this state, and placing a child from another state in an institution in this
state.
The bill also creates a new Interstate Compact for the Placement of Children
that becomes effective when 35 states enact the compact. The compact applies to the
interstate placement of a child who is subject to ongoing court jurisdiction in a
sending state due to allegations or findings that the child has been abused, neglected,
or deprived and to the interstate placement of a child as a preliminary step to a
possible adoption. The compact also applies to the interstate placement of a child
who has been adjudicated delinquent or unmanageable and who is subject to the
ongoing court jurisdiction of a sending state if the placement of the child is not
covered under another interstate compact such as the Interstate Compact for
Juveniles or an assessment of the placement is not provided through another
compact.
The compact, however, does not apply to: 1) the interstate placement of a child
in a custody proceeding in which a public child placing agency is not a party so long
as the placement is not for adoption; 2) the interstate placement of a child by his or
her parent so long as the placement is not for adoption; 3) the interstate placement
of a child with a relative by a relative who has the authority to make such a
placement; or 4) the placement of a child with a noncustodial parent if the court in
the sending state finds that the noncustodial parent has a substantial relationship
with the child, finds that the placement is in the best interests of the child, and, for
a placement in a proceeding in which a public child placing agency is a party,
dismisses its jurisdiction over the proceeding. The compact also does not apply to:
1) a child who is entering or leaving the United States for purposes of adoption; 2)
cases in which a child living overseas with his or her family, at least one member of
which is in the U.S. armed services, is removed and placed in a state; and 3) the
sending of a child to another state for a visit.
Under the compact:
1. Subject to certain exceptions for adoptions and for interstate placements in
custody proceedings in which a public child placing agency is not a party, the sending
state retains jurisdiction over a child with respect to all matters of custody and
disposition over which the sending state would have had jurisdiction if the child had
remained in the sending state, including the power to order the return of the child.
2. Before a child is sent to a receiving state, the child placing agency of the
sending state must request, and a public child placing agency in the receiving state
must complete, an assessment of the proposed placement to determine the safety and
suitability of the placement.
3. A child may not be placed in a receiving state until a public child placing
agency in the receiving state approves the placement, unless a determination not to
approve the placement is overturned on administrative or judicial review under the
laws of the receiving state.
4. For the interstate placement of a child made by a public child placing agency
or state court, the public child placing agency in the sending state is financially
responsible for ongoing maintenance payments for the child during the period of the
placement and for services for the child beyond the public services for which the child
is eligible in the receiving state, and the receiving state is financially responsible for
any assessment conducted by the receiving state and for supervision conducted by
the receiving state at the level necessary to support the placement as agreed upon
by the sending and receiving states.
5. For the placement of a child by a private child placing agency for adoption,
the private child placing agency is legally responsible for the child until finalization
of the adoption and financially responsible for the child absent a contractual
agreement to the contrary.
The bill also creates an Interstate Commission for the Placement of Children
(interstate commission) composed of a commissioner from each of the member states
appointed by the executive head of the state human services administration with
ultimate responsibility for the state's child welfare program. Each member state has
one vote on the interstate commission. Under the bill, the interstate commission has
various powers, including the power to do all of the following:
1. Promulgate rules to achieve the purposes of the compact. Rules promulgated
by the interstate commission are binding in the compacting states to the extent and
in the manner provided for in the compact. A majority of the legislatures of the
member states may reject a rule. If that is done, the rule has no effect in any of the
member states.
2. Provide for dispute resolution among member states and between member
states and nonmember states.
3. Levy assessments on member states to cover the costs of the interstate
commission's operations and activities.
4. Enforce compliance with the compact or the bylaws or rules of the interstate
commission. If a member state defaults in the performance of any of the state's
obligations under the compact, the interstate commission may provide remedial
training and technical assistance, specify conditions by which the defaulting state
must cure its default, enforce compliance with the compact by bringing legal action
in federal court against the defaulting state, or avail itself of any other remedies
available under state law or the regulation of official or professional conduct.
5. Report annually to the compacting states concerning the activities of the
interstate commission during the preceding year.
6. Perform such functions as may be necessary to achieve the purposes of the
compact.
A state may withdraw from the compact by repealing the statute that enacted
the compact into law in that state. A withdrawal takes effect on the effective date
of the repeal of that statute.
Finally, all lawful actions of the interstate commission, including all rules and
bylaws promulgated by the interstate commission and agreements between the
interstate commission and the member states, are binding on the member states,
except that, if a provision of the compact exceeds a constitutional limit imposed on
the legislature of a member state, that provision is ineffective in that member state
to the extent of the conflict.
For further information see the state 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:
AB705, s. 1
1Section
1. 14.94 of the statutes is created to read:
AB705,4,5
214.94 Interstate Commission for the Placement of Children. There is
3created an Interstate Commission for the Placement of Children as specified in s.
448.99 (8). The member of the commission representing this state shall be the person
1appointed under s. 48.99 (8) (b) 1. The commission member shall serve without
2compensation but shall be reimbursed from the appropriation account under s.
320.437 (1) (a) for actual and necessary expenses incurred in the performance of the
4commission member's duties. The commission shall have the powers, duties, and
5responsibilities set forth in s. 48.99.
AB705, s. 2
6Section
2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
7the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB705, s. 3
8Section
3. 20.437 (1) (d) of the statutes is created to read:
AB705,4,119
20.437
(1) (d)
Interstate Compact for the Placement of Children assessments. 10The amounts in the schedule to pay assessments levied by the interstate commission
11for the placement of children under s. 48.99 (13) (b).
AB705, s. 4
12Section
4. 48.60 (4) (b) of the statutes is amended to read:
AB705,4,1813
48.60
(4) (b) Notwithstanding ss. 121.78 (3) (a) and 121.79 (1) (a), a child
14welfare agency shall pay for the costs incurred by a school district in providing
15special education and related services to a child with a disability who has been placed
16with the child welfare agency under the
interstate compact on the placement of
17children Interstate Compact on the Placement of Children under s. 48.988
or the
18Interstate Compact for the Placement of Children under s. 48.99.
AB705, s. 5
1Section
5. 48.63 (3) (b) 3. of the statutes is amended to read:
AB705,5,102
48.63
(3) (b) 3. The department, a county department under s. 48.57 (1) (e) or
3(hm), or a child welfare agency licensed under s. 48.60 may place a child under subd.
41. in the home of a proposed adoptive parent or parents who reside outside this state
5if the placement is made in compliance with s. 48.98
or
, 48.988,
or 48.99, whichever
6is applicable, if the home meets the criteria established by the laws of the state where
7the proposed adoptive parent or parents reside for a preadoptive placement of a child
8in the home of a nonrelative, and if an appropriate agency in that state has completed
9an investigation of the home and filed a report and recommendation concerning the
10home with the department, county department, or licensed child welfare agency.
AB705, s. 6
11Section
6. 48.837 (1m) of the statutes is amended to read:
AB705,5,1812
48.837
(1m) Out-of-state adoptive placement. Subject to ss. 48.98
and, 1348.988,
and 48.99, when the proposed adoptive parent or parents of a child reside
14outside this state and are not relatives of the child, a parent having custody of a child
15and the proposed adoptive parent or parents of the child may petition the court for
16placement of the child for adoption in the home of the proposed adoptive parent or
17parents, if the home meets the criteria established by the laws of the other state for
18a preadoptive placement of a child in the home of a nonrelative.
AB705, s. 7
19Section
7. 48.837 (1r) (c) of the statutes is amended to read:
AB705,6,320
48.837
(1r) (c) The department, a county department under s. 48.57 (1) (e) or
21(hm), or a child welfare agency licensed under s. 48.60 may place a child under par.
22(a) in the home of a proposed adoptive parent or parents who reside outside this state
23if the placement is made in compliance with s. 48.98
or
, 48.988,
or 48.99, whichever
24is applicable, if the home meets the criteria established by the laws of the state where
25the proposed adoptive parent or parents reside for a preadoptive placement of a child
1in the home of a nonrelative, and if an appropriate agency in that state has completed
2an investigation of the home and filed a report and recommendation concerning the
3home with the department, county department, or licensed child welfare agency.
AB705, s. 8
4Section
8. 48.913 (2) (a) of the statutes is amended to read:
AB705,6,65
48.913
(2) (a) The child was placed for adoption in this state in accordance with
6s. 48.988
or 48.99.
AB705, s. 9
7Section
9. 48.98 (4) (a) of the statutes is amended to read:
AB705,6,98
48.98
(4) (a) This section applies only to interstate placements of children
9which that are not governed by s. 48.988
or 48.99.
AB705, s. 10
10Section
10. 48.9895 of the statutes is created to read:
AB705,6,17
1148.9895 Withdrawal from
Interstate Compact on the Placement of
12Children. Sections 48.988 and 48.989 do not apply to a child from this state who
13is sent, brought, or caused to be sent or brought into another state under s. 48.988
14(3) or who is placed in an institution in another state under s. 48.988 (6), or to a child
15from another state who is sent, brought, or caused to be sent or brought into this state
16under s. 48.988 (3) or who is placed in an institution in this state under s. 48.988 (6),
17if all of the following have occurred:
AB705,6,19
18(1) The Interstate Compact for the Placement of Children under s. 48.99 is in
19effect as provided in s. 48.99 (14) (b).
AB705,6,21
20(2) Both this state and the other state are parties to the Interstate Compact for
21the Placement of Children under s. 48.99.
AB705,6,23
22(3) Both this state and the other state have withdrawn from the Interstate
23Compact on the Placement of Children as provided in s. 48.988 (9).
AB705, s. 11
24Section
11. 48.99 of the statutes is created to read:
AB705,7,2
148.99 Interstate Compact for the Placement
of Children. (1) Article I
2- Purpose. The purpose of this compact is to do all of the following:
AB705,7,43
(a) Provide a process through which children who are subject to this compact
4are placed in safe and suitable homes in a timely manner.
AB705,7,65
(b) Facilitate ongoing supervision of a placement, the delivery of services, and
6communication between the states.
AB705,7,87
(c) Provide operating procedures that will ensure that children are placed in
8safe and suitable homes in a timely manner.
AB705,7,119
(d) Provide for the promulgation and enforcement of administrative rules
10implementing the provisions of this compact and regulating the covered activities of
11the member states.
AB705,7,1312
(e) Provide for uniform data collection and information sharing between
13member states under this compact.
AB705,7,1714
(f) Promote coordination between this compact, the Interstate Compact for
15Juveniles, the Interstate Compact on Adoption and Medical Assistance, and other
16compacts that affect the placement of, and provide services to, children who are
17otherwise subject to this compact.
AB705,7,2018
(g) Provide for a state to retain the continuing legal jurisdiction and
19responsibility for placement and care of a child that the state would have had if the
20placement were intrastate.
AB705,7,2321
(h) Provide for the promulgation of guidelines, in collaboration with Indian
22tribes, for interstate cases involving Indian children as is or may be permitted by
23federal law.
AB705,7,24
24(2) Article II - Definitions. As used in this compact:
AB705,8,2
1(a) "Approved placement" means a placement that the public child placing
2agency in the receiving state has determined to be both safe and suitable for the child.
AB705,8,73
(b) "Assessment" means an evaluation of a prospective placement by the public
4child placing agency in the receiving state to determine if the placement meets the
5individualized needs of the child, including the child's safety and stability, health and
6well-being, and mental, emotional, and physical development. An assessment is
7only applicable to a placement made by a public child placing agency.
AB705,8,88
(c) "Child" means a person who has not attained the age of 18 years.
AB705,8,109
(d) "Certification" means a statement attested, declared, or sworn to before a
10judge or notary public.
AB705,8,1311
(e) "Default" means the failure of a member state to perform the obligations or
12responsibilities imposed upon that state by this compact or by the bylaws or rules of
13the interstate commission.
AB705,8,1714
(f) "Home study" means an evaluation of a home environment conducted in
15accordance with the applicable requirements of the state in which the home is located
16that documents the preparation and suitability of the placement resource for
17placement of a child in accordance with the laws and requirements of that state.
AB705,8,2118
(g) "Indian tribe" means any Indian tribe, band, nation, or other organized
19group or community of Indians that is recognized as eligible for services provided to
20Indians by the U.S. secretary of the interior because of their status as Indians,
21including an Alaskan native village, as defined in
43 USC 1602 (c).
AB705,8,2322
(h) "Interstate commission" means the interstate commission for the
23placement of children established under sub. (8) (a).
AB705,8,2524
(i) "Jurisdiction" means the power and authority of a court to hear and decide
25matters.
AB705,9,6
1(j) "Legal risk placement" means a placement of a child made preliminary to
2an adoption in which the prospective adoptive parents acknowledge in writing that
3the child can be ordered to be returned to the sending state or the birth mother's state
4of residence, if different from the sending state, and in which a final decree of
5adoption may not be entered in any jurisdiction until all required consents are
6obtained or are dispensed with in accordance with applicable law.
AB705,9,87
(k) "Member state" means a state that has enacted the enabling legislation for
8this compact.
AB705,9,129
(L) "Noncustodial parent" means a person who, at the time of the
10commencement of court proceedings in the sending state, does not have sole legal
11custody of the child or has joint legal custody of the child, and who is not the subject
12of allegations or findings of child abuse or neglect.
AB705,9,1413
(m) "Nonmember state" means a state that has not enacted the enabling
14legislation for this compact.
AB705,9,2115
(n) "Notice of residential placement" means information regarding a placement
16into a residential facility that is provided to the receiving state including the name,
17date, and place of birth of the child, the identity and address of the child's parent or
18legal guardian, evidence of the authority to make the placement, and the name and
19address of the facility in which the child will be placed. Notice of residential
20placement also includes information regarding a discharge and any unauthorized
21absence from the facility.
AB705,9,2322
(o) "Placement" means the act by a public or private child placing agency that
23is intended to arrange for the care or custody of a child in another state.
AB705,9,2524
(p) "Private child placing agency" means any private corporation, agency,
25foundation, institution, or charitable organization, or any private person or attorney,
1that facilitates, causes, or is involved in the placement of a child from one state to
2another state and that is not an instrumentality of the state or acting under color of
3state law.