AB722: Bill Text

AB722, s. 59 Section 59. 938.357 (1) (am) 2r. of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB722,41,9 938.357 (1) (am) 2r. In the case of a juvenile 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 juvenile to another placement outside the home, the court shall consider as paramount the best interests of the juvenile in determining whether to continue placement of the juvenile in his or her current placement or to change the juvenile's placement to the proposed change in placement.

AB722, s. 60 Section 60. 938.357 (1) (c) 1. of the statutes is amended to read:

AB722,41,25 938.357 (1) (c) 1. If the proposed change in placement would change the placement of a juvenile placed in the home to a placement outside the home, the person or agency primarily responsible for implementing the dispositional order or the district attorney shall submit a request for the change in placement to the court. The request 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. The request shall also contain specific information showing that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile and, unless any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies, specific information showing that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns.

AB722, s. 61 Section 61. 938.357 (2m) (a) of the statutes, as affected by 2009 Wisconsin Act 94, is amended to read:

AB722,42,21 938.357 (2m) (a) Request; information required. The juvenile, the parent, guardian, or legal custodian of the juvenile, any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, or, if the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian may request a change in placement under this paragraph. The request shall contain the name and address of the new placement requested and shall state what 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 juvenile. If the proposed change in placement would change the placement of a juvenile placed in the juvenile's home to a placement outside the home, the request shall also contain specific information showing that continued placement of the juvenile in the juvenile's home would be contrary to the welfare of the juvenile and, unless any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies, specific information showing that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns. The request shall be submitted to the court. The court may also propose a change in placement on its own motion.

AB722, s. 62 Section 62. 938.357 (2m) (b) of the statutes, as affected by 2009 Wisconsin Act 94, section 358, is amended to read:

AB722,43,15 938.357 (2m) (b) Hearing; when required. 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 juvenile placed in the juvenile's home to a placement outside the juvenile's home, written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under this paragraph, and the court approves. If a hearing is scheduled, not less than 3 days before the hearing the court shall notify the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, all parties who are bound by the dispositional order, and, if the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe. 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. 63 Section 63. 938.357 (2m) (b) of the statutes, as affected by 2009 Wisconsin Act 94, section 359, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,44,10 938.357 (2m) (b) Hearing; when required. 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 juvenile placed in the juvenile's home to a placement outside the juvenile's home, written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under this paragraph, and the court approves. If a hearing is scheduled, not less than 3 days before the hearing the court shall notify the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster parent or other physical custodian described in s. 48.62 (2) of the juvenile, all parties who are bound by the dispositional order, and, if the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe. 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. 64 Section 64. 938.357 (2m) (bp) of the statutes is created to read:

AB722,44,18 938.357 (2m) (bp) Placement preference. In the case of a juvenile 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 juvenile to another placement outside the home, the court shall consider as paramount the best interests of the juvenile in determining whether to continue placement of the juvenile in his or her current placement or to change the juvenile's placement to the proposed change in placement.

AB722, s. 65 Section 65. 938.357 (2m) (bp) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB722,45,2 938.357 (2m) (bp) Placement preference. In the case of a juvenile 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 juvenile to another placement outside the home, the court shall consider as paramount the best interests of the juvenile in determining whether to continue placement of the juvenile in his or her current placement or to change the juvenile's placement to the proposed change in placement.

AB722, s. 66 Section 66. 938.357 (2r) of the statutes, as affected by 2009 Wisconsin Act 79, section 131, is renumbered 938.357 (2r) (a) and amended to read:

AB722,45,17 938.357 (2r) (a) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove a juvenile from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2) in which the juvenile has been placed for less than 6 months, the court shall give the foster parent, treatment foster parent, or other physical custodian 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 juvenile and the requested change in placement. A foster parent, treatment foster parent, or other physical custodian 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. 67 Section 67. 938.357 (2r) of the statutes, as affected by 2009 Wisconsin Act 79, section 132, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,46,5 938.357 (2r) (a) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove a juvenile from a foster home or other placement with a physical custodian described in s. 48.62 (2) in which the juvenile 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 juvenile and the requested change in placement. A foster parent or other physical custodian 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.

AB722,46,21 (b) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove a juvenile from a foster home or other placement with a physical custodian described in s. 48.62 (2) in which the juvenile 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 juvenile under s. 938.295 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. 938.78 (2) (a), inspect and obtain copies of all records relating to the juvenile as provided under s. 938.293. 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. 68 Section 68. 938.357 (2r) (b) of the statutes is created to read:

AB722,47,15 938.357 (2r) (b) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove a juvenile from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2) in which the juvenile 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 juvenile under s. 938.295 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. 938.78 (2) (a), inspect and obtain copies of all records relating to the juvenile as provided under s. 938.293. 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. 69 Section 69. 938.38 (4) (c) of the statutes is amended to read:

AB722,47,22 938.38 (4) (c) The location and type of facility in which the juvenile is currently held or placed, and the location and type of facility in which the juvenile will be placed. If the juvenile 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 juvenile's parent or guardian or to any other adult relative of the juvenile without the consent of the foster parent or treatment foster parent under s. 48.62 (3m).

AB722, s. 70 Section 70. 938.38 (4) (c) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,48,6 938.38 (4) (c) The location and type of facility in which the juvenile is currently held or placed, and the location and type of facility in which the juvenile will be placed. If the juvenile is or will be placed in a foster home, the information specified in this paragraph may not be disclosed to the juvenile's parent or guardian or to any other adult relative of the juvenile without the consent of the foster parent under s. 48.62 (3m).

AB722, s. 71 Section 71. 938.78 (2) (a) of the statutes is amended to read:

AB722,48,11 938.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under sub. (3) or s. 938.357 (2r) (b), 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.51, or 938.57 (2m) or by order of the court.

AB722, s. 72 Section 72. 938.78 (2) (ag) of the statutes is amended to read:

AB722,48,20 938.78 (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 juvenile who is the subject of the record or upon the request of the juvenile, if 14 years of age or older, to the parent, guardian, legal custodian, or juvenile, unless the record discloses information that is confidential under s. 48.62 (3m) or the agency finds that inspection of the record by the juvenile, parent, guardian, or legal custodian would result in imminent danger to anyone.

AB722, s. 73 Section 73. 938.78 (2) (am) of the statutes is amended to read:

AB722,49,5 938.78 (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 juvenile who is the subject of the record or upon the written permission of the juvenile, if 14 years of age or older, to the person named in the permission if the parent, guardian, legal custodian, or juvenile 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. 74 Section 74. Initial applicability.

AB722,49,13 (1) Changes in placement. The amendment of sections 48.293 (2), 48.295 (1) and (3), 48.357 (1) (am) 1. and 2m. and (c) 1. and (2m) (a) and (b), 48.78 (2) (a), 938.293 (2), 938.295 (1) (b) and (3), 938.357 (1) (am) 1. and 2. and (c) 1. and (2m) (a) and (b), and 938.78 (2) (a) of the statutes, the renumbering and amendment of sections 48.357 (2r) and 938.357 (2r) of the statutes, and the creation of sections 48.357 (1) (am) 2r., (2m) (bp), and (2r) (b) and 938.357 (1) (am) 2r., (2m) (bp), and (2r) (b) of the statutes first apply to a change of placement requested on the effective date of this subsection.

AB722,49,19 (2) Foster parent confidentiality. The amendment of sections 48.33 (5), 48.355 (2) (b) 2., 48.38 (4) (c), 48.78 (2) (ag), (aj), (am), and (ap), 938.33 (5), 938.355 (2) (b) 2., 938.38 (4) (c), and 938.78 (2) (ag) and (am) of the statutes and the creation of section 48.62 (3m) of the statutes first apply to a person that is issued a license to operate a foster home or treatment foster home on the effective date of this subsection.

AB722,49,24 (3) Decisions affecting out-of-home placements. The renumbering and amendment of section 48.64 (4) (a) and (c) of the statutes and the creation of section 48.64 (4) (a) 2. and (c) 3. of the statutes first apply to a decision or order of an agency involving the placement and care of a child issued on the effective date of this subsection.

AB722,50,4 (4) Placement of child with physical custodian for adoption. The treatment of section 48.834 (title) and (1) of the statutes and the creation of section 48.834 (1m) of the statutes first apply to a child who is placed for adoption under section 48.833 of the statutes on the effective date of this subsection.

AB722, s. 75 Section 75. Effective dates. This act takes effect on the day after publication, except as follows:

AB722,50,15 (1) Treatment foster homes. The amendment of sections 48.357 (1) (am) 2r., (2m) (bp), 48.62 (3m), 48.834 (1m), and 938.357 (1) (am) 2r. and (2m) (bp) of the statutes and the repeal and recreation of sections 48.293 (2), 48.295 (1) and (3), 48.33 (5), 48.355 (2) (b) 2., 48.357 (1) (am) 1., (2m) (b), and (2r), 48.38 (4) (c), 48.64 (4) (a) and (c), 938.293 (2), 938.295 (1) (b) and (3), 938.33 (5), 938.355 (2) (b) 2., 938.357 (1) (am) 1. and 2., (2m) (b), and (2r), and 938.38 (4) (c) of the statutes take effect on the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under section 48.62 (9) of the statutes.

AB722,50,16 (End)