SB288: Bill Text

SB288,111,12 48.645 (2) (b) Notwithstanding par. (a), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body of an Indian tribe, for placement of a child in a foster home, treatment foster home, group home, subsidized guardianship home, or residential care center for children and youth by a tribal governing body of an Indian tribe or its designee, or for the placement of a child who is a ward of a tribal court if the tribal governing body of the Indian tribe of the tribal court is receiving or is eligible to receive funds from the federal government for that type of placement.

SB288, s. 196 Section 196. 48.645 (2) (b) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

SB288,111,21 48.645 (2) (b) Notwithstanding par. (a), aid under this section may not be granted for placement of a child in a foster home licensed by a governing body of an Indian tribe, for placement of a child in a foster home, group home, subsidized guardianship home, or residential care center for children and youth by a governing body of an Indian tribe or its designee, or for the placement of a child who is a ward of a tribal court if the governing body of the Indian tribe of the tribal court is receiving or is eligible to receive funds from the federal government for that type of placement.

SB288, s. 197 Section 197. 48.685 (1) (e) of the statutes is repealed.

SB288, s. 198 Section 198. 48.685 (5) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB288,112,15 48.685 (5) (a) Subject to par. (bm), the department may license to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62, and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified, or contracted with for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity a person who otherwise may not be employed, contracted with, or permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, the county department, the contracted agency, the child welfare agency, or the school board or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the Indian tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.

SB288, s. 199 Section 199. 48.685 (5d) (a) (intro.) of the statutes is amended to read:

SB288,112,19 48.685 (5d) (a) (intro.) Any Indian tribe that chooses to conduct rehabilitation reviews under sub. (5) shall submit to the department a rehabilitation review plan that includes all of the following:

SB288, s. 200 Section 200. 48.685 (5d) (a) 2. of the statutes is amended to read:

SB288,112,22 48.685 (5d) (a) 2. The title of the person or body designated by the Indian tribe to whom a request for review must be made.

SB288, s. 201 Section 201. 48.685 (5d) (a) 3. of the statutes is amended to read:

SB288,112,25 48.685 (5d) (a) 3. The title of the person or body designated by the Indian tribe to determine whether a person has been rehabilitated.

SB288, s. 202 Section 202. 48.685 (5d) (a) 3m. of the statutes is amended to read:

SB288,113,4 48.685 (5d) (a) 3m. The title of the person or body, designated by the Indian tribe, to whom a person may appeal an adverse decision made by the person specified under subd. 3. and whether the Indian tribe provides any further rights to appeal.

SB288, s. 203 Section 203. 48.685 (5d) (a) 4. of the statutes is amended to read:

SB288,113,8 48.685 (5d) (a) 4. The manner in which the Indian tribe will submit information relating to a rehabilitation review to the department so that the department may include that information in its report to the legislature required under sub. (5g).

SB288, s. 204 Section 204. 48.685 (5d) (b) of the statutes is amended to read:

SB288,113,19 48.685 (5d) (b) If, within 90 days after receiving the plan, the department does not disapprove the plan, the plan shall be considered approved. If, within 90 days after receiving the plan, the department disapproves the plan, the department shall provide notice of that disapproval to the Indian tribe in writing, together with the reasons for the disapproval. The department may not disapprove a plan unless the department finds that the plan is not rationally related to the protection of clients. If the department disapproves the plan, the Indian tribe may, within 30 days after receiving notice of the disapproval, request that the secretary review the department's decision. A final decision under this paragraph is not subject to further review under ch. 227.

SB288, s. 205 Section 205. 48.825 (1) (b) of the statutes is amended to read:

SB288,113,24 48.825 (1) (b) "Another jurisdiction" means a state of the United States other than Wisconsin, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a federally recognized American an Indian tribe or band.

SB288, s. 206 Section 206. 48.83 (1) of the statutes is amended to read:

SB288,114,7 48.83 (1) The Except as provided in s. 48.028 (3) (b), the court of the county where the proposed adoptive parent or child resides, upon the filing of a petition for adoption or for the adoptive placement of a child, has jurisdiction over the child until the petition is withdrawn, denied, or granted. Venue shall be in the county where the proposed adoptive parent or child resides at the time the petition is filed. The court may transfer the case to a court in the county in which the proposed adoptive parents reside.

SB288, s. 207 Section 207. 48.831 (1r) of the statutes is created to read:

SB288,114,19 48.831 (1r) Notice. When a petition is filed under sub. (1m), the court shall provide notice of the fact-finding hearing under sub. (3) to all interested parties as provided in s. 48.27 (6). If the court knows or has reason to know that the child is an Indian child, the court shall provide notice to the Indian child's Indian custodian, if any, and tribe, if known, in the manner specified in s. 48.028 (4) (a). No hearing may be held under sub. (3) until at least 10 days after receipt of the notice by the Indian child's Indian custodian and tribe or, if the identity or location of the Indian child's Indian custodian or tribe cannot be determined, until at least 10 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child's Indian custodian or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.

SB288, s. 208 Section 208. 48.831 (2) of the statutes is amended to read:

SB288,115,10 48.831 (2) Report. If the department, county department, or child welfare agency files a petition, it shall submit the court shall order the department, county department, or child welfare agency to file a report to with the court containing as much of the information specified under s. 48.425 (1) (a) and (am) as is reasonably ascertainable and, if applicable, the information specified under s. 48.425 (1) (g). If the petition is filed by a relative or other person specified under sub. (1m) (d), the court shall order the department or a child welfare agency, if the department or agency consents, or a county department to file a report containing the information specified in this subsection. If the child is an Indian child, the court may order the department, county department, or child welfare agency, or request the tribal child welfare department of the Indian child's tribe, if that department consents, to file a report containing the information specified in this subsection. The department, county department or, child welfare agency, or tribal child welfare department, if that department consents, shall file the report at least 5 days before the date of the fact-finding hearing on the petition.

SB288, s. 209 Section 209. 48.831 (4) (cm) of the statutes is created to read:

SB288,115,23 48.831 (4) (cm) If the child is an Indian child who is in the custody of an Indian custodian, the court may not remove the child from the custody of the Indian custodian under par. (c) unless the court finds by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that continued custody of the Indian child by the Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1. and the court finds that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful. In placing an Indian child following a transfer of guardianship and custody under par. (b) or (c), the custodian appointed under par. (b) or (c) shall comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless there is good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB288, s. 210 Section 210. 48.833 (3) of the statutes is created to read:

SB288,116,6 48.833 (3) Indian child; placement preferences. In placing an Indian child for adoption under sub. (1) or (2), the department, county department, or child welfare agency shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB288, s. 211 Section 211. 48.837 (1r) (a) of the statutes is amended to read:

SB288,116,17 48.837 (1r) (a) At the request of a parent having custody of a child and the proposed adoptive parent or parents of the child, the department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place the child in the home of the proposed adoptive parent or parents prior to the filing of a petition under sub. (2) as provided in par. (b) or (c), whichever is applicable, and par. (d). In placing an Indian child for adoption under this paragraph, the department, county department, or child welfare agency shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB288, s. 212 Section 212. 48.837 (2) (e) of the statutes is created to read:

SB288,116,20 48.837 (2) (e) If the child is an Indian child, the names and addresses of the Indian child's Indian custodian, if any, and tribe, if known.

SB288, s. 213 Section 213. 48.837 (4) (c) of the statutes is amended to read:

SB288,117,10 48.837 (4) (c) Shall, when the petition has been filed under sub. (1), order the department or a county department under s. 48.57 (1) (e) or (hm) to investigate the proposed adoptive placement, to interview each petitioner, to provide counseling if requested, and to report its recommendation to the court at least 5 days before the hearing on the petition. If a licensed child welfare agency or, in the case of an Indian child, the tribal child welfare department of the Indian child's tribe has investigated the proposed adoptive placement and interviewed the petitioners, the court may accept a report and recommendation from the child welfare agency or tribal child welfare department in place of the court-ordered report required under this paragraph. In reporting its recommendations under this paragraph with respect to an Indian child, the department, a county department, or a child welfare agency shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB288, s. 214 Section 214. 48.837 (4) (d) of the statutes is amended to read:

SB288,117,21 48.837 (4) (d) May, in the case of a child who has not been placed under sub. (1r), order the department or a county department under s. 48.57 (1) (e) or (hm), at the request of a petitioning parent or on its own motion after ordering the child taken into custody under s. 48.19 (1) (c), to place the child, pending the hearing on the petition, in any home in this state that is licensed under s. 48.62 or in any home outside this state if the conditions under sub. (1r) (c) are met. In placing an Indian child for adoption under this paragraph, the department or county department shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB288, s. 215 Section 215. 48.837 (6) (c) of the statutes is amended to read:

SB288,118,5 48.837 (6) (c) After the hearing on the petition under sub. (2), the court shall make findings on the allegations of the petition and the report ordered under sub. (4) (c) and make a conclusion as to whether placement in the home is in the best interest of the child. In determining whether placement of an Indian child in the home is in the best interest of the Indian child, the court shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB288, s. 216 Section 216. 48.85 (1) of the statutes is amended to read:

SB288,118,10 48.85 (1) At least 10 days prior to the hearing, the guardian shall file its recommendation with the court. In making a recommendation under this subsection with respect to an Indian child, the guardian shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c).

SB288, s. 217 Section 217. 48.88 (2) (a) (intro.) of the statutes is amended to read:

SB288,118,16 48.88 (2) (a) (intro.) Except as provided under par. pars. (ag) and (c), when a petition to adopt a child is filed, the court shall order an investigation to determine whether the child is a proper subject for adoption and whether the petitioner's home is suitable for the child. The court shall order one of the following to conduct the investigation:

SB288, s. 218 Section 218. 48.88 (2) (ag) of the statutes is created to read:

SB288,118,21 48.88 (2) (ag) If the child is an Indian child, the court may request the tribal child welfare department of the Indian child's tribe to conduct the investigation. If the tribal child welfare department agrees to conduct the investigation, that investigation may be accepted in lieu of the investigation under par. (a).

SB288, s. 219 Section 219. 48.88 (2) (b) of the statutes is amended to read:

SB288,119,5 48.88 (2) (b) The agency or tribal child welfare department making the investigation shall file its report with the court at least 10 days before the hearing unless the time is reduced for good cause shown by the petitioner. In reporting on an investigation of the proposed adoptive home of an Indian child, the agency shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the agency finds good cause, as described in s. 48.028 (7) (e), for departing from that order. The report shall be part of the record of the proceedings.

SB288, s. 220 Section 220. 48.89 (1) of the statutes is amended to read:

SB288,119,13 48.89 (1) The recommendation of the department is required for the adoption of a child if the child is not under the guardianship of a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5). In making a recommendation under this subsection with respect to an Indian child, the department shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the department finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB288, s. 221 Section 221. 48.91 (3) of the statutes is amended to read:

SB288,119,23 48.91 (3) If after the hearing and a study of the report required by s. 48.88 and the recommendation required by s. 48.841 or 48.89, the court is satisfied that the necessary consents or recommendations have been filed and that the adoption is in the best interests of the child, the court shall make an order granting the adoption. In determining whether the adoption is in the best interests of an Indian child, the court shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. The order may change the name of the minor to that requested by petitioners.

SB288, s. 222 Section 222. 48.93 (1d) of the statutes is amended to read:

SB288,120,4 48.93 (1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g) or, (1r), or (1v), s. 48.432, 48.433, 48.434, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the court for good cause shown.

SB288, s. 223 Section 223. 48.93 (1v) of the statutes is created to read:

SB288,120,8 48.93 (1v) (a) At the time a court enters an order granting adoption of an Indian child, the court shall provide the U.S. secretary of the interior with the information specified in s. 48.028 (9) (a) and (b).

SB288,120,11 (b) At the request of an Indian adoptee who is 18 years of age or older, the court that entered the order granting adoption of the adoptee shall provide or arrange to provide the adoptee with the information specified in s. 48.028 (9) (c).

SB288, s. 224 Section 224. 48.977 (4) (a) 1. of the statutes is amended to read:

SB288,120,14 48.977 (4) (a) 1. The child or the child's guardian or, legal custodian, or Indian custodian.

SB288, s. 225 Section 225. 48.977 (4) (b) 6. of the statutes is amended to read:

SB288,120,19 48.977 (4) (b) 6. A statement of whether the child may be subject to the federal Indian child welfare act Child Welfare Act, 25 USC 1911 1901 to 1963 , and, if the child may be subject to that act, the names and addresses of the child's Indian custodian, if any, and Indian tribe, if known.

SB288, s. 226 Section 226. 48.977 (4) (c) 1. j. of the statutes is created to read:

SB288,120,22 48.977 (4) (c) 1. j. If the child is an Indian child, the Indian child's Indian custodian, if any, and tribe, if known.

SB288, s. 227 Section 227. 48.977 (4) (c) 2. of the statutes is amended to read:

SB288,121,6 48.977 (4) (c) 2. Service Except as provided in subd. 2m., service shall be made by 1st class mail at least 7 days before the hearing or by personal service at least 7 days before the hearing or, if with reasonable diligence a party specified in subd. 1. cannot be served by mail or personal service, service shall be made by publication of a notice published as a class 1 notice under ch. 985. In determining which newspaper is likely to give notice as required under s. 985.02 (1), the petitioner shall consider the residence of the party, if known, or the residence of the relatives of the party, if known, or the last-known location of the party.

SB288, s. 228 Section 228. 48.977 (4) (c) 2m. of the statutes is created to read:

SB288,121,17 48.977 (4) (c) 2m. If the petitioner knows or has reason to know that the child is an Indian child, service under subd. 2. to the Indian child's parent, Indian custodian, and tribe shall be provided in the manner specified in s. 48.028 (4) (a). No hearing may be held under par. (cm) until at least 10 days after receipt of service by the Indian child's parent, Indian custodian, and tribe or, if the identity or location of the Indian child's parent, Indian custodian, or tribe cannot be determined, until at least 10 days after receipt of service by the U.S. secretary of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.

SB288, s. 229 Section 229. 48.977 (4) (g) 4. of the statutes is created to read:

SB288,121,21 48.977 (4) (g) 4. If the child is an Indian child, the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB288, s. 230 Section 230. 48.978 (2) (b) 11. of the statutes is amended to read:

SB288,122,2 48.978 (2) (b) 11. A statement of whether the child may be subject to the federal Indian Child Welfare Act, 25 USC 1911 1901 to 1963, and, if the child may be subject to that act, the names and addresses of the child's Indian custodian, if any, and Indian tribe, if known.

SB288, s. 231 Section 231. 48.981 (1) (cs) of the statutes is renumbered 48.02 (8g) and amended to read:

SB288,122,6 48.02 (8g) "Indian child" means any unmarried person who is under the age of 18 years and is affiliated with an Indian tribe or band in any of the following ways:

SB288,122,7 1. As a member of the Indian tribe or band.

SB288,122,9 2. As a person who is both eligible for membership in the Indian tribe or band and is the biological child of a member of the Indian tribe or band.

SB288, s. 232 Section 232. 48.981 (1) (ct) of the statutes is amended to read:

SB288,122,13 48.981 (1) (ct) "Indian unborn child" means an unborn child who, when born, may be eligible for affiliation with an Indian tribe or band in any of the following ways:

SB288,122,14 1. As a member of the Indian tribe or band.

SB288,122,16 2. As a person who is both eligible for membership in the Indian tribe or band and the biological child of a member of the Indian tribe or band.

SB288, s. 233 Section 233. 48.981 (1) (i) of the statutes is amended to read:

SB288,122,21 48.981 (1) (i) "Tribal agent" means the person designated under 25 CFR 23.12 by an Indian tribe or band to receive notice of involuntary child custody proceedings under the Indian child welfare act federal Indian Child Welfare Act, 25 USC 1901 to 1963.

SB288, s. 234 Section 234. 48.981 (3) (bm) (intro.) of the statutes is amended to read:

SB288,123,7 48.981 (3) (bm) Notice of report to Indian tribal agent. (intro.) In a county which that has wholly or partially within its boundaries a federally recognized Indian reservation or a bureau of Indian affairs service area for the Ho-Chunk tribe, if a county department which that receives a report under par. (a) pertaining to a child or unborn child knows or has reason to know that the child is an Indian child who resides in the county or that the unborn child is an Indian unborn child whose expectant mother resides in the county, the county department shall provide notice, which shall consist only of the name and address of the Indian child or expectant mother and the fact that a report has been received about that Indian child or Indian unborn child, within 24 hours to one of the following:

SB288, s. 235 Section 235. 48.981 (3) (bm) 1. of the statutes is amended to read:

SB288,123,13 48.981 (3) (bm) 1. If the county department knows with which Indian tribe or band the child is affiliated, or with which Indian tribe or band the Indian unborn child, when born, may be eligible for affiliation, and it the Indian tribe is a Wisconsin tribe or band, the tribal agent of that tribe or band Indian tribe, the tribal agent of that tribe.

SB288, s. 236 Section 236. 48.981 (3) (bm) 2. of the statutes is amended to read:

SB288,123,20 48.981 (3) (bm) 2. If the county department does not know with which Indian tribe or band the child is affiliated, or with which Indian tribe or band the Indian unborn child, when born, may be eligible for affiliation, or the child or expectant mother is not affiliated with a Wisconsin Indian tribe or band, the tribal agent serving the reservation or Ho-Chunk service area where the child or expectant mother resides.

SB288, s. 237 Section 237. 48.981 (7) (a) 10m. of the statutes is amended to read:

SB288,124,2 48.981 (7) (a) 10m. A tribal court, or other adjudicative body authorized by a tribe or band an Indian tribe to perform child welfare functions, that exercises jurisdiction over children and unborn children alleged to be in need of protection or services for use in proceedings in which abuse or neglect of the child who is the subject of the report or record or abuse of the unborn child who is the subject of the report or record is an issue.