AB722: Bill Text

AB722, s. 18 Section 18. 48.357 (2m) (b) of the statutes, as affected by 2009 Wisconsin Act 79, section 28, and 2009 Wisconsin Act 94, section 91, is amended to read:

AB722,16,15 48.357 (2m) (b) The court shall hold a hearing prior to ordering any change in placement requested or proposed under par. (a) if the request states that new information is available that affects the advisability of the current placement and why the new placement would be in the best interests of the child. A hearing is not required if the requested or proposed change in placement does not involve a change in placement of a child placed in the child's home to a placement outside the child's home, written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under this paragraph, other than a court-appointed special advocate, and the court approves. If a hearing is scheduled, not less than 3 days before the hearing the court shall notify the child, the parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is an Indian child, the Indian child's Indian custodian and tribe. If the child is the expectant mother of an unborn child under s. 48.133, the court shall also notify the unborn child by the unborn child's guardian ad litem. If the change in placement involves an adult expectant mother of an unborn child under s. 48.133, the court shall notify the adult expectant mother, the unborn child by the unborn child's guardian ad litem, and all parties who are bound by the dispositional order, at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. Subject to par. (bm) (br), if all of the parties consent, the court may proceed immediately with the hearing.

AB722, s. 19 Section 19. 48.357 (2m) (b) of the statutes, as affected by 2009 Wisconsin Act 79, section 29, 2009 Wisconsin Act 94, section 92, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,17,15 48.357 (2m) (b) The court shall hold a hearing prior to ordering any change in placement requested or proposed under par. (a) if the request states that information is available that affects the advisability of the current placement and why the new placement would be in the best interests of the child. A hearing is not required if the requested or proposed change in placement does not involve a change in placement of a child placed in the child's home to a placement outside the child's home, written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under this paragraph, other than a court-appointed special advocate, and the court approves. If a hearing is scheduled, not less than 3 days before the hearing the court shall notify the child, the parent, guardian, and legal custodian of the child, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is an Indian child, the Indian child's Indian custodian and tribe. If the child is the expectant mother of an unborn child under s. 48.133, the court shall also notify the unborn child by the unborn child's guardian ad litem. If the change in placement involves an adult expectant mother of an unborn child under s. 48.133, the court shall notify the adult expectant mother, the unborn child by the unborn child's guardian ad litem, and all parties who are bound by the dispositional order, at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. Subject to par. (br), if all of the parties consent, the court may proceed immediately with the hearing.

AB722, s. 20 Section 20. 48.357 (2m) (bp) of the statutes is created to read:

AB722,17,23 48.357 (2m) (bp) In the case of a child who has been placed in the home of a foster parent, treatment foster parent, or other physical custodian for 6 months or more, if a hearing is held on a proposed change in placement of such a child to another placement outside the home, the court shall consider as paramount the best interests of the child in determining whether to continue placement of the child in his or her current placement or to change the child's placement to the proposed change in placement.

AB722, s. 21 Section 21. 48.357 (2m) (bp) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB722,18,7 48.357 (2m) (bp) In the case of a child who has been placed in the home of a foster parent, treatment foster parent, or other physical custodian for 6 months or more, if a hearing is held on a proposed change in placement of such a child to another placement outside the home, the court shall consider as paramount the best interests of the child in determining whether to continue placement of the child in his or her current placement or to change the child's placement to the proposed change in placement.

AB722, s. 22 Section 22. 48.357 (2r) of the statutes, as affected by 2009 Wisconsin Act 79, section 31, is renumbered 48.357 (2r) (a) and amended to read:

AB722,18,22 48.357 (2r) (a) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove a child from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2) in which the child has been placed for less than 6 months, the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) 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 relating to the child and the requested change in placement. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (am) 1. or (2m) (b) and a right to be heard under this subsection paragraph 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.

AB722, s. 23 Section 23. 48.357 (2r) of the statutes, as affected by 2009 Wisconsin Act 79, section 32, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,19,12 48.357 (2r) (a) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove a child from a foster home or other placement with a physical custodian described in s. 48.62 (2) in which the child has been placed for less than 6 months, the court shall give the foster parent or other physical custodian 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 relating to the child and the requested change in placement. A foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (am) 1. or (2m) (b) and a right to be heard under this paragraph 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.

AB722,20,3 (b) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove a child from a foster home or other placement with a physical custodian described in s. 48.62 (2) in which the child has been placed for 6 months or more, the foster parent or other physical custodian shall become a party to the proceeding and, as a party, shall have the right to be heard as described in par. (a), to be represented by counsel, to request an examination or assessment of the child under s. 48.295 by an expert of the foster parent's or other physical custodian's own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the foster parent or other physical custodian may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the foster parent or other physical custodian discloses a record to the foster parent or other physical custodian, counsel shall advise that person that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the change-in-placement proceeding.

AB722, s. 24 Section 24. 48.357 (2r) (b) of the statutes is created to read:

AB722,20,22 48.357 (2r) (b) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove a child from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2) in which the child has been placed for 6 months or more, the foster parent, treatment foster parent, or other physical custodian shall become a party to the proceeding and, as a party, shall have the right to be heard as described in par. (a), to be represented by counsel, to request an examination or assessment of the child under s. 48.295 by an expert of the foster parent's, treatment foster parent's, or other physical custodian's own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the foster parent, treatment foster parent, or other physical custodian may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the foster parent, treatment foster parent, or other physical custodian discloses a record to the foster parent, treatment foster parent, or other physical custodian, counsel shall advise that person that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the change-in-placement proceeding.

AB722, s. 25 Section 25. 48.38 (4) (c) of the statutes is amended to read:

AB722,21,4 48.38 (4) (c) The location and type of facility in which the child is currently held or placed, and the location and type of facility in which the child will be placed. If the child is or will be placed in a foster home or treatment foster home, the information specified in this paragraph may not be disclosed to the child's parent or guardian or to any other adult relative of the child without the consent of the foster parent or treatment foster parent under s. 48.62 (3m).

AB722, s. 26 Section 26. 48.38 (4) (c) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,21,11 48.38 (4) (c) The location and type of facility in which the child is currently held or placed, and the location and type of facility in which the child will be placed. If the child is or will be placed in a foster home, the information specified in this paragraph may not be disclosed to the child's parent or guardian or to any other adult relative of the child without the consent of the foster parent under s. 48.62 (3m).

AB722, s. 27 Section 27. 48.62 (3m) of the statutes is created to read:

AB722,22,3 48.62 (3m) The name, other than the first name, and address of a person licensed to operate a foster home or treatment foster home may not be disclosed to the parent or guardian of a child placed in the home or to any other adult relative of the child without the written consent of the licensee. When the department, a county department, or a child welfare agency issues a license to operate a foster home or treatment foster home, the department, county department, or child welfare agency shall notify the licensee of that confidentiality requirement. A person licensed to operate a foster home or a treatment foster home may consent to the disclosure of his or her full name and address to the parent or guardian of a child placed in the person's care or to an adult relative of the child by submitting a signed and dated statement to the department, county department, or child welfare agency stating the name of the child and indicating that the person consents to the disclosure of that information to the parent, guardian, or other adult relative. Consent under this subsection shall be given individually with respect to each child in the care of a licensee, except that a licensee may provide one consent covering all members of a sibling group in the care of the licensee.

AB722, s. 28 Section 28. 48.62 (3m) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB722,22,21 48.62 (3m) The name, other than the first name, and address of a person licensed to operate a foster home or treatment foster home may not be disclosed to the parent or guardian of a child placed in the home or to any other adult relative of the child without the written consent of the licensee. When the department, a county department, or a child welfare agency issues a license to operate a foster home or treatment foster home, the department, county department, or child welfare agency shall notify the licensee of that confidentiality requirement. A person licensed to operate a foster home or a treatment foster home may consent to the disclosure of his or her full name and address to the parent or guardian of a child placed in the person's care or to an adult relative of the child by submitting a signed and dated statement to the department, county department, or child welfare agency stating the name of the child and indicating that the person consents to the disclosure of that information to the parent, guardian, or other adult relative. Consent under this subsection shall be given individually with respect to each child in the care of a licensee, except that a licensee may provide one consent covering all members of a sibling group in the care of the licensee.

AB722, s. 29 Section 29. 48.64 (4) (a) of the statutes, as affected by 2009 Wisconsin Act 81, section 6, is renumbered 48.64 (4) (a) 1. and amended to read:

AB722,23,16 48.64 (4) (a) 1. Any decision or order issued by an agency that affects the head of a foster home, treatment foster home, or group home, the head of the home of a relative other than a parent in which a child is placed, or the child involved may be appealed to the department under fair hearing procedures established under rules promulgated by the department. Upon receipt of an appeal, the department shall give the head of the home reasonable notice and an opportunity for a fair hearing. The department may make such any additional investigation as the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. Each person receiving notice of the hearing is entitled to be represented at the hearing. At all hearings conducted under this paragraph, the head of the home, or a representative of the head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses.

AB722,24,7 3. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

AB722, s. 30 Section 30. 48.64 (4) (a) of the statutes, as affected by 2009 Wisconsin Act 81, section 6m, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,24,20 48.64 (4) (a) 1. Any decision or order issued by an agency that affects the head of a foster home or group home, the head of the home of a relative other than a parent in which a child is placed, or the child involved may be appealed to the department under fair hearing procedures established under rules promulgated by the department. Upon receipt of an appeal, the department shall give the head of the home reasonable notice and an opportunity for a fair hearing. The department may make any additional investigation as the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. Each person receiving notice of the hearing is entitled to be represented at the hearing.

AB722,25,11 2. The head of a foster or group home or the head of the home of a relative other than a parent who receives notice of intent to remove the child under sub. (1m) and who requests a hearing under subd. 1. is a party to the proceeding under this paragraph and, as a party, shall have the right to be heard, to be represented by counsel, to request an examination or assessment of the child as provided in s. 48.295 by an expert of his or her own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the head of the foster or group home or for the head of the home of the relative other than a parent may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the head of the foster or group home or for the head of the home of the relative other than a parent discloses a record to the head of the foster or group home or to the head of the home of the relative other than a parent, counsel shall advise him or her that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the proceeding under this paragraph.

AB722,26,2 3. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

AB722, s. 31 Section 31. 48.64 (4) (a) 2. of the statutes is created to read:

AB722,26,20 48.64 (4) (a) 2. The head of a foster, treatment foster, or group home or the head of the home of a relative other than a parent who receives notice of intent to remove the child under sub. (1m) and who requests a hearing under subd. 1. is a party to the proceeding under this paragraph and, as a party, shall have the right to be heard, to be represented by counsel, to request an examination or assessment of the child as provided in s. 48.295 by an expert of his or her own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the head of the foster, treatment foster, or group home or for the head of the home of the relative other than a parent may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the head of the foster, treatment foster, or group home or for the head of the home of the relative other than a parent discloses a record to the head of the foster, treatment foster, or group home or to the head of the home of the relative other than a parent, counsel shall advise him or her that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the proceeding under this paragraph.

AB722, s. 32 Section 32. 48.64 (4) (c) of the statutes, as affected by 2009 Wisconsin Act 81, section 7, is renumbered 48.64 (4) (c) 1. and amended to read:

AB722,27,4 48.64 (4) (c) 1. The circuit court for the county where the dispositional order placing a child in a foster home, treatment foster home, or group home or in the home of a relative other than a parent was entered or the voluntary agreement under s. 48.63 placing a child in a foster home, treatment foster home, or group home was made has jurisdiction upon petition of any interested party over the child who is placed in the foster home, treatment foster home, group home, or home of the relative. The

AB722,27,10 2. Subject to subd. 3., the circuit court may call a hearing, at which the head of the home and the supervising agency under sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home or in the home of a relative other than a parent, the foster parent or relative may present relevant evidence at the hearing.

AB722,27,12 4. The petitioner has the burden of proving by clear and convincing evidence that the decision or order issued by the agency is not in the best interests of the child.

AB722, s. 33 Section 33. 48.64 (4) (c) of the statutes, as affected by 2009 Wisconsin Act 81, section 7m, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,27,20 48.64 (4) (c) 1. The circuit court for the county where the dispositional order placing a child in a foster home or group home or in the home of a relative other than a parent was entered or the voluntary agreement under s. 48.63 placing a child in a foster home or group home was made has jurisdiction upon petition of any interested party over the child who is placed in the foster home, group home, or home of the relative.

AB722,28,2 2. Subject to subd. 3., the circuit court may call a hearing, at which the head of the home and the supervising agency under sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home or in the home of a relative other than a parent, the foster parent or relative may present relevant evidence at the hearing.

AB722,28,23 3. If the head of a foster or group home or the head of the home of a relative other than a parent who receives notice of intent to remove the child under sub. (1m) petitions for a hearing under this paragraph, the circuit court shall call a hearing, at which the head of the foster or group home, or the head of the home of the relative other than a parent, and the supervising agency under sub. (2) shall be present, for the purpose of reviewing the decision to remove the child from the home. The head of the foster or group home or the head of the home of the relative other than a parent is a party to the proceeding under this paragraph and, as a party, shall have the right to be heard, to be represented by counsel, to request an examination or assessment of the child as provided in s. 48.295 by an expert of his or her own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the head of the foster or group home or for the head of the home of the relative other than a parent may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the head of the foster or group home or for the head of the home of the relative other than a parent discloses a record to the head of the foster or group home or to the head of the home of the relative other than a parent, counsel shall advise him or her that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the proceeding under this paragraph.

AB722,28,25 4. The petitioner has the burden of proving by clear and convincing evidence that the decision or order issued by the agency is not in the best interests of the child.

AB722, s. 34 Section 34. 48.64 (4) (c) 3. of the statutes is created to read:

AB722,29,23 48.64 (4) (c) 3. If the head of a foster, treatment foster, or group home or the head of the home of a relative other than a parent who receives notice of intent to remove the child under sub. (1m) petitions for a hearing under this paragraph, the circuit court shall call a hearing, at which the head of the foster, treatment foster, or group home, or the head of the home of the relative other than a parent, and the supervising agency under sub. (2) shall be present, for the purpose of reviewing the decision to remove the child from the home. The head of the foster, treatment foster, or group home or the head of the home of the relative other than a parent is a party to the proceeding under this paragraph and, as a party, shall have the right to be heard, to be represented by counsel, to request an examination or assessment of the child as provided in s. 48.295 by an expert of his or her own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the head of the foster, treatment foster, or group home or for the head of the home of the relative other than a parent may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the head of the foster, treatment foster, or group home or for the head of the home of the relative other than a parent discloses a record to the head of the foster, treatment foster, or group home or to the head of the home of the relative other than a parent, counsel shall advise him or her that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the proceeding under this paragraph.

AB722, s. 35 Section 35. 48.78 (2) (a) of the statutes is amended to read:

AB722,30,5 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under s. 48.357 (2r) (b), 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.93, 48.981 (7), 938.51, or 938.78 or by order of the court.

AB722, s. 36 Section 36. 48.78 (2) (ag) of the statutes is amended to read:

AB722,30,13 48.78 (2) (ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian, or legal custodian of the child who is the subject of the record or upon the request of the child, if 14 years of age or over, to the parent, guardian, legal custodian, or child, unless the record discloses information that is confidential under s. 48.62 (3m) or the agency determines that inspection of the record by the child, parent, guardian, or legal custodian would result in imminent danger to anyone.

AB722, s. 37 Section 37. 48.78 (2) (aj) of the statutes is amended to read:

AB722,30,25 48.78 (2) (aj) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of a parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of the record, upon the request of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, or upon the request of an unborn child by the unborn child's guardian ad litem to the parent, guardian, legal custodian, expectant mother, or unborn child by the unborn child's guardian ad litem, unless the record discloses information that is confidential under s. 48.62 (3m) or the agency determines that inspection of the record by the parent, guardian, legal custodian, expectant mother, or unborn child by the unborn child's guardian ad litem would result in imminent danger to anyone.

AB722, s. 38 Section 38. 48.78 (2) (am) of the statutes is amended to read:

AB722,31,10 48.78 (2) (am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of the child who is the subject of the record or upon the written permission of the child, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian, or child specifically identifies the record in the written permission, unless the record discloses information that is confidential under s. 48.62 (3m) or the agency determines that inspection of the record by the person named in the permission would result in imminent danger to anyone.

AB722, s. 39 Section 39. 48.78 (2) (ap) of the statutes is amended to read:

AB722,31,22 48.78 (2) (ap) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of the record, or of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, and of the unborn child by the unborn child's guardian ad litem, to the person named in the permission if the parent, guardian, legal custodian, or expectant mother, and unborn child by the unborn child's guardian ad litem, specifically identify the record in the written permission, unless the record discloses information that is confidential under s. 48.62 (3m) or the agency determines that inspection of the record by the person named in the permission would result in imminent danger to anyone.

AB722, s. 40 Section 40. 48.834 (title) of the statutes is amended to read:

AB722,32,3 48.834 (title) Placement of children with relatives, physical custodians, or siblings for adoption by the department, county departments, and child welfare agencies.

AB722, s. 41 Section 41. 48.834 (1) of the statutes is amended to read:

AB722,32,10 48.834 (1) Placement with relatives. Before Subject to sub. (1m), before placing a child for adoption under s. 48.833, the department, county department under s. 48.57 (1) (e) or (hm), or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department, or child welfare agency.

AB722, s. 42 Section 42. 48.834 (1m) of the statutes is created to read:

AB722,32,19 48.834 (1m) Placement with physical custodians. Before placing for adoption under s. 48.833 a child who has been placed in the home of a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) for 6 months or more, the department, county department under s. 48.57 (1) (e) or (hm), or child welfare agency making the placement shall first consider the availability of a placement for adoption with that foster parent, treatment foster parent, or other physical custodian before considering the availability of a placement for adoption with a relative under sub. (1).

AB722, s. 43 Section 43. 48.834 (1m) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB722,33,4 48.834 (1m) Placement with physical custodians. Before placing for adoption under s. 48.833 a child who has been placed in the home of a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) for 6 months or more, the department, county department under s. 48.57 (1) (e) or (hm), or child welfare agency making the placement shall first consider the availability of a placement for adoption with that foster parent, treatment foster parent, or other physical custodian before considering the availability of a placement for adoption with a relative under sub. (1).

AB722, s. 44 Section 44. 938.293 (2) of the statutes is amended to read:

AB722,33,20 938.293 (2) Records relating to juvenile. All records relating to a juvenile which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party or by counsel for any foster parent, treatment foster parent, or other physical custodian described in s. 938.357 (2r) (b), upon demand and upon presentation of releases where when necessary, at least 48 96 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the materials records to the juvenile or, the parent, or the juvenile's foster parent, treatment foster parent, or other physical custodian described in s. 938.357 (2r) (b) if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Section 971.23 shall be applicable in all delinquency proceedings under this chapter, except that the court shall establish the timetable for the disclosures required under. s. 971.23 (1), (2m), (8), and (9).

AB722, s. 45 Section 45. 938.293 (2) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,34,10 938.293 (2) Records relating to juvenile. All records relating to a juvenile shall be open to inspection by a guardian ad litem or counsel for any party or by counsel for any foster parent or other physical custodian described in s. 938.357 (2r) (b), upon demand and upon presentation of releases when necessary, at least 96 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the records to the juvenile, the parent, or the juvenile's foster parent or other physical custodian described in s. 938.357 (2r) (b) if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Section 971.23 shall be applicable in all delinquency proceedings under this chapter, except that the court shall establish the timetable for the disclosures required under. s. 971.23 (1), (2m), (8), and (9).

AB722, s. 46 Section 46. 938.295 (1) (b) of the statutes is amended to read:

AB722,34,16 938.295 (1) (b) The court shall hear any objections by the juvenile and, the juvenile's parents, guardian, or legal custodian, or the juvenile's foster parent, treatment foster parent, or other physical custodian described in s. 938.357 (2r) (b) to the request under par. (a) for an examination or assessment before ordering the examination or assessment.

AB722, s. 47 Section 47. 938.295 (1) (b) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,34,22 938.295 (1) (b) The court shall hear any objections by the juvenile, the juvenile's parents, guardian, or legal custodian, or the juvenile's foster parent or other physical custodian described in s. 938.357 (2r) (b) to the request under par. (a) for an examination or assessment before ordering the examination or assessment.

AB722, s. 48 Section 48. 938.295 (3) of the statutes is amended to read:

AB722,35,3 938.295 (3) Objection to a particular professional. If the juvenile or, a parent, or the juvenile's foster parent, treatment foster parent, or other physical custodian described in s. 938.357 (2r) (b) objects to a particular physician, psychiatrist, licensed psychologist, or other expert, the court shall appoint a different physician, psychiatrist, psychologist, or other expert.

AB722, s. 49 Section 49. 938.295 (3) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,35,10 938.295 (3) Objection to a particular professional. If the juvenile, a parent, or the juvenile's foster parent or other physical custodian described in s. 938.357 (2r) (b) objects to a particular physician, psychiatrist, licensed psychologist, or other expert, the court shall appoint a different physician, psychiatrist, psychologist, or other expert.

AB722, s. 50 Section 50. 938.33 (5) of the statutes is amended to read:

AB722,36,2 938.33 (5) Identity of foster parent or treatment foster parent; confidentiality. If the report recommends placement in a foster home or a treatment foster home, and the name of the foster parent or treatment foster parent is not available at the time the report is filed, the agency shall provide the court and the juvenile's parent or guardian with the name and address of the foster parent or treatment foster parent within 21 days after the dispositional order is entered. If the foster parent or treatment foster parent has consented under s. 48.62 (3m) to the disclosure of that information to the juvenile's parent or guardian or to any other adult relative of the juvenile, the agency shall also provide that information to that parent, guardian, or adult relative within those 21 days, except that the court may order the information withheld from the juvenile's that parent or, guardian, or adult relative if the court finds that disclosure would result in imminent danger to the juvenile or to the foster parent or treatment foster parent. After notifying the juvenile's that parent or, guardian, or adult relative, the court shall hold a hearing prior to ordering the information withheld.

AB722, s. 51 Section 51. 938.33 (5) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB722,36,16 938.33 (5) Identity of foster parent; confidentiality. If the report recommends placement in a foster home and the name of the foster parent is not available at the time the report is filed, the agency shall provide the court with the name and address of the foster parent within 21 days after the dispositional order is entered. If the foster parent has consented under s. 48.62 (3m) to the disclosure of that information to the juvenile's parent or guardian or to any other adult relative of the juvenile, the agency shall also provide that information to that parent, guardian, or adult relative within those 21 days, except that the court may order the information withheld from that parent, guardian, or adult relative if the court finds that disclosure would result in imminent danger to the juvenile or to the foster parent. After notifying that parent, guardian, or adult relative, the court shall hold a hearing prior to ordering the information withheld.

AB722, s. 52 Section 52. 938.355 (2) (b) 2. of the statutes is amended to read:

AB722,37,9 938.355 (2) (b) 2. If the juvenile is placed outside the home, the name of the place or facility, including transitional placements, where the juvenile shall will be cared for or treated, except that if the placement is a foster home or treatment foster home and the name and address of the foster parent or treatment foster parent is not available at the time of the order, the name and address of the foster parent or treatment foster parent shall be furnished to the court and the parent within 21 days of the order. If the foster parent or treatment foster parent has consented under s. 48.62 (3m) to the disclosure of that information to the juvenile's parent or guardian or to any other adult relative of the juvenile, the agency shall also provide that information to that parent, guardian, or adult relative within those 21 days, except that the judge may order that information to be withheld from that parent, guardian, or adult relative as provided in this subdivision. If, after a hearing on the issue with due notice to the parent or, guardian, or adult relative, the court finds that disclosure of the identity of the foster parent or treatment foster parent would result in imminent danger to the juvenile, the foster parent, or the treatment foster parent, the court may order the name and address of the prospective foster parents or treatment foster parents withheld from the parent or, guardian, or adult relative.

AB722, s. 53 Section 53. 938.355 (2) (b) 2. of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB722,38,2 938.355 (2) (b) 2. If the juvenile is placed outside the home, the name of the place or facility, including transitional placements, where the juvenile will be cared for or treated, except that if the placement is a foster home and the name and address of the foster parent is not available at the time of the order, the name and address of the foster parent shall be furnished to the court within 21 days of the order. If the foster parent has consented under s. 48.62 (3m) to the disclosure of that information to the juvenile's parent or guardian or to any other adult relative of the juvenile, the agency shall also provide that information to that parent, guardian, or adult relative within those 21 days, except that the judge may order that information to be withheld from that parent, guardian, or adult relative as provided in this subdivision. If, after a hearing on the issue with due notice to the parent, guardian, or adult relative, the court finds that disclosure of the identity of the foster parent would result in imminent danger to the juvenile or the foster parent, the court may order the name and address of the prospective foster parents withheld from the parent, guardian, or adult relative.

AB722, s. 54 Section 54. 938.357 (1) (am) 1. of the statutes, as affected by 2009 Wisconsin Act 94, section 346, is amended to read:

AB722,38,18 938.357 (1) (am) 1. If the proposed change in placement involves any change in placement other than a change in placement under par. (c), the person or agency primarily responsible for implementing the dispositional order or the district attorney shall cause written notice of the proposed change in placement to be sent to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile. If the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall also be sent to the Indian juvenile's Indian custodian and tribe. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement would be in the best interests of the juvenile, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court.

AB722, s. 55 Section 55. 938.357 (1) (am) 1. of the statutes, as affected by 2009 Wisconsin Act 94, section 347, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,39,9 938.357 (1) (am) 1. If the proposed change in placement involves any change in placement other than a change in placement under par. (c), the person or agency primarily responsible for implementing the dispositional order or the district attorney shall cause written notice of the proposed change in placement to be sent to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any foster parent or other physical custodian described in s. 48.62 (2) of the juvenile. If the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall also be sent to the Indian juvenile's Indian custodian and tribe. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement would be in the best interests of the juvenile, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court.

AB722, s. 56 Section 56. 938.357 (1) (am) 2. of the statutes, as affected by 2009 Wisconsin Act 94, section 349, is amended to read:

AB722,39,24 938.357 (1) (am) 2. Any person receiving the notice under subd. 1. or notice of a specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements may not be changed until 10 days after that notice is sent to the court unless the parent, guardian, legal custodian, or Indian custodian, the juvenile, if 12 or more years of age, and the juvenile's tribe, if the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), sign written waivers of objection, except that changes in placement that were authorized in the dispositional order may be made immediately if notice is given as required under subd. 1. In addition, a hearing is not required for placement changes authorized in the dispositional order except when an objection filed by a person who received notice alleges that new information is available that affects the advisability of the court's dispositional order.

AB722, s. 57 Section 57. 938.357 (1) (am) 2. of the statutes, as affected by 2009 Wisconsin Act 94, section 350, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,40,16 938.357 (1) (am) 2. Any person receiving the notice under subd. 1. or notice of a specific foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements may not be changed until 10 days after that notice is sent to the court unless the parent, guardian, legal custodian, or Indian custodian, the juvenile, if 12 or more years of age, and the juvenile's tribe, if the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), sign written waivers of objection, except that changes in placement that were authorized in the dispositional order may be made immediately if notice is given as required under subd. 1. In addition, a hearing is not required for placement changes authorized in the dispositional order except when an objection filed by a person who received notice alleges that information is available that affects the advisability of the court's dispositional order.