SB346: Bill Text

LRB-2992/1

GMM:cjs:ph

2009 - 2010 LEGISLATURE

2009 Senate BILL 346

October 12, 2009 - Introduced by Senator Jauch, cosponsored by Representative Dexter. Referred to Committee on Children and Families and Workforce Development.

SB346,3,3 An Act to repeal 48.982 (1) (c) and 48.983 (1) (g); to renumber 48.981 (1) (d) and 49.137 (1) (a); to renumber and amend 49.136 (1) (d), 49.136 (1) (e), 49.137 (1) (b), 49.137 (1) (d), 101.123 (1) (ad) and 253.15 (4); to amend 13.48 (2) (j), 13.83 (4) (a) 4., 16.85 (1), 20.437 (2) (jn), 36.25 (26), 48.195 (2) (a), 48.195 (2) (b), 48.195 (2) (c), 48.32 (1) (b) 1. c., 48.33 (4) (c), 48.335 (3g) (c), 48.345 (2m), 48.355 (2) (b) 6., 48.355 (2c) (a) 3. c., 48.356 (1), 48.365 (2g) (b) 2., 48.365 (2m) (a) 1., 48.38 (5) (c) 7., 48.47 (7) (cm), 48.48 (10), subchapter XV (title) of chapter 48 [precedes 48.65], 48.65 (title), 48.65 (1), 48.65 (3) (a), 48.65 (3) (b), 48.651 (title), 48.651 (1) (intro.), 48.651 (1) (a), 48.651 (1) (b), 48.651 (2), 48.653, 48.655, 48.656, 48.657 (title), 48.657 (1) (intro.), 48.657 (1) (a), 48.657 (1) (b), 48.657 (1) (c), 48.657 (2), 48.657 (2g), 48.657 (2m), 48.657 (2r), 48.657 (3), 48.658 (1) (a), subchapter XVI (title) of chapter 48 [precedes 48.66], 48.66 (1) (a), 48.66 (2), 48.66 (2m) (a) 1., 48.66 (2m) (b), 48.66 (5), 48.67 (intro.), 48.67 (1), 48.67 (2), 48.67 (3) (a), 48.685 (1) (b), 48.685 (2) (am) (intro.), 48.685 (2) (b) 4., 48.685 (3) (a), 48.685 (3) (b), 48.685 (4m) (a) (intro.), 48.685 (4m) (a) 1., 48.685 (4m) (ad), 48.685 (4m) (b) 1., 48.685 (5m), 48.685 (6) (a), 48.685 (6) (b) 1., 48.69, 48.715 (1), 48.715 (2) (a), 48.715 (4) (c), 48.715 (6), 48.715 (7), 48.73, 48.735, 48.737, 48.78 (1), 48.78 (2) (a), 48.981 (2) (a) 18., 48.981 (2) (a) 19., 49.136 (1) (j), 49.136 (1) (k), 49.136 (2) (b), 49.137 (1) (e), 49.155 (1) (am), 49.155 (1) (b), 49.155 (1d) (a), 49.155 (1d) (b), 49.155 (1g) (bc), 49.155 (4), 49.155 (6) (b), 49.155 (6) (c), 49.155 (6) (cm), 49.826 (2) (a) 1., 66.1017 (title), 66.1017 (1) (a), 66.1017 (2), 71.07 (2dd) (a) 1., 71.28 (1dd) (a) 1., 71.47 (1dd) (a) 1., 73.0301 (1) (d) 2., 77.54 (20n) (b), 101.123 (2) (a) 1r., 101.123 (2) (d) 2., 111.02 (6) (am), 115.812 (1), 115.817 (8), 118.51 (2), 120.125 (title), 120.125 (1), 120.125 (2) (a) (intro.), 120.125 (2) (a) 3., 120.125 (2) (a) 4., 120.125 (2) (b), 120.125 (2) (c), 120.125 (3) (a) (intro.), 120.125 (3) (a) 1., 120.125 (3) (a) 2., 120.125 (3) (a) 3., 120.125 (3) (b), 120.125 (4) (intro.), 120.125 (4) (a), 120.125 (4) (b), 120.125 (4) (c), 120.125 (4) (d), 120.125 (4) (e), 120.125 (4) (f), 120.125 (4) (g), 120.125 (4) (h), 120.13 (14), 120.13 (36), 121.54 (2) (am), 121.545 (2), 234.83 (3) (a) 2., 252.04 (2), 252.04 (3), 252.04 (4), 252.04 (5) (a), 252.04 (5) (b) 1., 252.04 (5) (b) 2., 252.04 (5) (b) 3., 252.04 (6), 252.21 (1), 253.15 (2), 253.15 (4) (title), 253.15 (7) (c), 254.162 (1) (c), 254.168 (4), 254.168 (5), 285.63 (10) (d) 5., 301.46 (4) (a) 2., 562.06 (3), 767.511 (1m) (e), 938.32 (1) (c) 1. c., 938.33 (4) (c), 938.335 (3g) (c), 938.34 (2) (b), 938.355 (2) (b) 6., 938.355 (2c) (a) 3. c., 938.356 (1), 938.365 (2g) (b) 2., 938.365 (2m) (a) 1., 938.38 (5) (c) 7. and 948.53 (1) (a); and to repeal and recreate 48.66 (1) (a), 48.67 (intro.), 48.685 (1) (b), 48.685 (4m) (a) (intro.), 48.685 (4m) (ad), 48.685 (5m), 48.685 (6) (a) and 48.73 of the statutes; relating to: required judicial findings and orders when a child is placed outside the home, termination of parental rights warnings, mandatory child abuse or neglect reporters, the confidentiality of social services records, changing from day care to child care the term used to describe care and supervision for children for less than 24 hours a day, and renumbering the definition of neglect.

Analysis by the Legislative Reference Bureau

Introduction

This bill makes various changes to the Children's Code and the Juvenile Justice Code, including changes relating to required judicial findings and orders when a child is placed outside the home, termination of parental rights (TPR) warnings, mandatory child abuse or neglect reporters, the confidentiality of social services records, changing from "day care" to "child care" the term used to describe care and supervision for children for less than 24 hours a day, and renumbering from the section of the Children's Code relating to child abuse and neglect reporting to the definitions section of that code the definition of "neglect."

Required judicial findings and orders when child placed outside the home

Under current law, a court assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice Code (juvenile court) is required to include in a dispositional order placing a child outside the home, in an extension of a dispositional order continuing the placement of a child outside the home, and in a consent decree maintaining a child in a placement outside the home findings that continued placement of the child in the home would be contrary to the welfare of the child, that reasonable efforts have been made to prevent the removal of the child from the home, and that reasonable efforts have been made to achieve the goal of the child's permanency plan, which is a plan designed to ensure that the child is reunified with his or her family whenever appropriate or that the child quickly attains a placement providing long-term stability.

The juvenile court, however, is not required to make a finding that reasonable efforts have been made to achieve the goal of the child's permanency plan if return of the child to the home is the goal of the permanency plan and the juvenile court has found that a parent has committed certain crimes of homicide against a child of the parent; has committed battery, sexual assault, or physical or sexual abuse resulting in great bodily harm or substantial bodily harm to a child of the parent; has had his or her parental rights terminated with respect to another child; or has subjected the child to aggravated circumstances, which are defined as including criminal abandonment, torture, chronic abuse, and sexual abuse. This bill eliminates that exception to the requirement that the juvenile court make a finding that reasonable efforts have been made to achieve the goal of the child's permanency plan.

TPR warnings

Under current law, when the juvenile court orders a child to be placed outside the home because the child has been adjudged to be in need of protection or services under a dispositional order, a change-in-placement order, a revision of a dispositional order, or an extension of a dispositional order, the juvenile court is required to inform orally the parent or parents who appear in juvenile court of any grounds for TPR that may be applicable and of the conditions necessary for the child to be returned to the home. This bill requires a TPR warning to be given also when the juvenile court orders a child to be placed outside the home because the child has been adjudged delinquent and when the juvenile court holds a hearing to review a child's permanency plan.

Mandatory child abuse or neglect reporters

Current law requires certain persons who have reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected to report that suspected abuse or neglect to the sheriff or police department or to the county department or, in Milwaukee County, the Department of Children and Families (DCF) or a child welfare agency under contract with DCF (mandatory reporter). Currently, a child care worker in a group home that is authorized solely to provide a safe and structured living arrangement for children 12 years of age or over who are custodial parents or expectant mothers is a mandatory reporter. This bill makes a child care worker in any group home a mandatory reporter.

Confidentiality of social services records

Under the current Juvenile Justice Code, the Department of Corrections (DOC), a county department, or a child welfare agency, subject to certain exceptions, is required to maintain the confidentiality of records kept or information received about an individual who is or was in its care or legal custody. Under the current Children's Code, DCF, a county department, a child welfare agency, or a day care center (collectively "agency"), subject to certain exceptions, is required to maintain the confidentiality of records kept or information received about an individual who is currently in its care or legal custody. This bill conforms the Children's Code to the Juvenile Justice Code by requiring an agency to maintain the confidentiality of records kept or information received about an individual who is or was in its care or legal custody.

Child care

Current law requires a person who for compensation provides care and supervision for four or more children under the age of seven for less than 24 hours a day to obtain a license from DCF to operate a day care center. Current law also permits a school board to provide or contract for the provision of day care programs for children. In addition, current law requires a person who is not licensed to operate a day care center or who is not under contract with a school board to provide a day care program to be certified as a day care provider by a county department of human services or social services to receive reimbursement under the Wisconsin Works program for child care services provided by the person. Current law also includes numerous other references to facilities and services involved in the care of children for less than 24 hours a day that include the term "day care." This bill changes the term used to describe care and supervision for children for less than 24 hours a day from "day care" to "child care."

Neglect

Under current law, "neglect" is defined in the section of the Children's Code relating to child abuse and neglect reporting as failure, refusal, or inability on the part of a parent, guardian, legal custodian, or other person exercising temporary or permanent control over a child, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care, or shelter so as to seriously endanger the physical health of the child. This bill moves that definition to the definitions section of the Children's Code, thereby making it applicable throughout that code.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB346, s. 1 Section 1 . 13.48 (2) (j) of the statutes is amended to read:

SB346,5,10 13.48 (2) (j) No later than the first day of the 7th month after the effective date of each biennial budget act, the director of the office of state employment relations shall report to the building commission, in writing, regarding the desirability of including plans for day child care facility space in the plans for any construction or major remodeling project, enumerated in the state building program in the biennial budget act, for any state office building. Based upon the report of the director of the office of state employment relations, the building commission may direct that plans for day child care facility space be included in the plans for that construction or major remodeling project.

SB346, s. 2 Section 2. 13.83 (4) (a) 4. of the statutes is amended to read:

SB346,5,14 13.83 (4) (a) 4. Ways in which the results from the scientific study of attachment and brain development can be incorporated into public schools, day child care centers, and homes.

SB346, s. 3 Section 3. 16.85 (1) of the statutes is amended to read:

SB346,6,12 16.85 (1) To take charge of and supervise all engineering or architectural services or construction work, as defined in s. 16.87 , performed by, or for, the state, or any department, board, institution, commission, or officer thereof of the state, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09, and 36.11, except the engineering, architectural, and construction work of the department of transportation, and the engineering service performed by the department of commerce, department of revenue, public service commission, department of health services, and other departments, boards, and commissions when the service is not related to the maintenance, and construction and planning, of the physical properties of the state. The department shall may not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a day child care center primarily for use by children of state employees.

SB346, s. 4 Section 4. 20.437 (2) (jn) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB346,6,19 20.437 (2) (jn) Child care licensing and certification activities. All moneys received from licensing activities under s. 48.65, from certifying activities under s. 48.651, and from fees under ss. 48.65 (3) and 48.651 (2) for the costs of licensing day child care centers under s. 48.65 and of certifying day child care providers under s. 48.651.

SB346, s. 5 Section 5 . 36.25 (26) of the statutes is amended to read:

SB346,6,23 36.25 (26) Day Child care centers. A college campus may establish a day child care center and may use funds received from the appropriation under s. 20.285 (1) (a) to operate it.

SB346, s. 6 Section 6 . 48.195 (2) (a) of the statutes is amended to read:

SB346,7,10 48.195 (2) (a) Except as provided in this paragraph, a parent who relinquishes custody of a child under sub. (1) and any person who assists the parent in that relinquishment have the right to remain anonymous. The exercise of that right shall not affect the manner in which a law enforcement officer, emergency medical technician, or hospital staff member performs his or her duties under this section. No person may induce or coerce or attempt to induce or coerce a parent or person assisting a parent who wishes to remain anonymous into revealing his or her identity, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect, as defined in s. 48.981 (1) (d), or that the person assisting the parent is coercing the parent into relinquishing custody of the child.

SB346, s. 7 Section 7. 48.195 (2) (b) of the statutes is amended to read:

SB346,7,19 48.195 (2) (b) A parent who relinquishes custody of a child under sub. (1) and any person who assists the parent in that relinquishment may leave the presence of the law enforcement officer, emergency medical technician, or hospital staff member who took custody of the child at any time, and no person may follow or pursue the parent or person assisting the parent, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect, as defined in s. 48.981 (1) (d), or that the person assisting the parent has coerced the parent into relinquishing custody of the child.

SB346, s. 8 Section 8 . 48.195 (2) (c) of the statutes is amended to read:

SB346,8,2 48.195 (2) (c) No officer, employee, or agent of this state or of a political subdivision of this state may attempt to locate or ascertain the identity of a parent who relinquishes custody of a child under sub. (1) or any person who assists the parent in that relinquishment, unless the officer, employee, or agent has reasonable cause to suspect that the child has been the victim of abuse or neglect , as defined in s. 48.981 (1) (d), or that the person assisting the parent has coerced the parent into relinquishing custody of the child.

SB346, s. 9 Section 9 . 48.32 (1) (b) 1. c. of the statutes is amended to read:

SB346,8,8 48.32 (1) (b) 1. c. A finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, unless return of the child to the home is the goal of the permanency plan and the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

SB346, s. 10 Section 10. 48.33 (4) (c) of the statutes is amended to read:

SB346,8,20 48.33 (4) (c) Specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, specific information showing that the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and specific information showing that the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

SB346, s. 11 Section 11 . 48.335 (3g) (c) of the statutes is amended to read:

SB346,8,25 48.335 (3g) (c) That the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan , unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

SB346, s. 12 Section 12 . 48.345 (2m) of the statutes is amended to read:

SB346,9,7 48.345 (2m) Place the child in the child's home under the supervision of an agency or the department, if the department approves, and order the agency or department to provide specified services to the child and the child's family, which may include but are not limited to individual, family , or, group counseling, homemaker or parent aide services, respite care, housing assistance, day child care, parent skills training, or prenatal development training or education.

SB346, s. 13 Section 13 . 48.355 (2) (b) 6. of the statutes is amended to read:

SB346,9,24 48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued placement of the child in his or her home would be contrary to the welfare of the child, a finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5. applies, and a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, unless return of the child to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5. applies. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

SB346, s. 14 Section 14 . 48.355 (2c) (a) 3. c. of the statutes is amended to read:

SB346,10,6 48.355 (2c) (a) 3. c. Community support services, such as day child care, parent skills training, housing assistance, employment training, and emergency mental health services.

SB346, s. 15 Section 15. 48.356 (1) of the statutes is amended to read:

SB346,10,17 48.356 (1) Whenever the court orders a child to be placed outside his or her home, orders an expectant mother of an unborn child to be placed outside of her home, or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357, 48.363, or 48.365 and whenever the court reviews a permanency plan under s. 48.38 (5m), the court shall orally inform the parent or parents who appear in court or the expectant mother who appears in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the child or expectant mother to be returned to the home or for the parent to be granted visitation.

SB346, s. 16 Section 16 . 48.365 (2g) (b) 2. of the statutes is amended to read:

SB346,10,25 48.365 (2g) (b) 2. An evaluation of the child's adjustment to the placement and of any progress the child has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the child's placement, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

SB346, s. 17 Section 17. 48.365 (2m) (a) 1. of the statutes is amended to read:

SB346,11,14 48.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the child is placed outside of his or her home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the goal of the child's permanency plan, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies. The judge shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the child to achieve the goal of the child's permanency plan, unless return of the child to the home is the goal of the permanency plan and the judge finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies. An order shall be issued under s. 48.355.

SB346, s. 18 Section 18 . 48.38 (5) (c) 7. of the statutes is amended to read:

SB346,11,19 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

SB346, s. 19 Section 19 . 48.47 (7) (cm) of the statutes is amended to read:

SB346,11,23 48.47 (7) (cm) Promote the establishment of adequate child care facilities and services in this state by providing start-up grants to newly operating day child care facilities and services under rules promulgated by the department.

SB346, s. 20 Section 20. 48.48 (10) of the statutes is amended to read:

SB346,12,2 48.48 (10) To license child welfare agencies and day child care centers as provided in s. 48.66 (1) (a).

SB346, s. 21 Section 21. Subchapter XV (title) of chapter 48 [precedes 48.65] of the statutes is amended to read:

SB346,12,5 chapter 48

SB346,12,7 Subchapter xv Day Child care providers

SB346, s. 22 Section 22. 48.65 (title) of the statutes is amended to read:

SB346,12,9 48.65 (title) Day Child care centers licensed; fees.

SB346, s. 23 Section 23. 48.65 (1) of the statutes is amended to read:

SB346,12,18 48.65 (1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a day child care center from the department. To obtain a license under this subsection to operate a day child care center, a person must meet the minimum requirements for a license established by the department under s. 48.67, meet the requirements specified in s. 48.685, and pay the license fee under sub. (3). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

SB346, s. 24 Section 24. 48.65 (3) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB346,13,6 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day child care center that provides care and supervision for 4 to 8 children, the day child care center must pay to the department a biennial fee of $60.50. Before the department may issue a license under sub. (1) to a day child care center that provides care and supervision for 9 or more children, the day child care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $16.94 per child, based on the number of children that the day child care center is licensed to serve. A day child care center that wishes to continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the continuation date of the license. A new day child care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day child care center.

SB346, s. 25 Section 25. 48.65 (3) (b) of the statutes is amended to read:

SB346,13,13 48.65 (3) (b) A day child care center that wishes to continue a license issued under par. (a) and that fails to pay the applicable fee under par. (a) by the continuation date of the license or a new day child care center that fails to pay the applicable fee under par. (a) by 30 days before the opening of the day child care center shall pay an additional fee of $5 per day for every day after the deadline that the group home child care center fails to pay the fee.

SB346, s. 26 Section 26. 48.651 (title) of the statutes is amended to read:

SB346,13,15 48.651 (title) Certification of day child care providers.

SB346, s. 27 Section 27. 48.651 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB346,14,5 48.651 (1) (intro.) No person, other than a day child care center licensed under s. 48.65 or established or contracted for under s. 120.13 (14), may receive reimbursement for providing child care services for an individual who is determined eligible for a child care subsidy under s. 49.155 unless the person is certified, according to the standards adopted by the department under s. 49.155 (1d), by the department in a county having a population of 500,000 or more, a county department, or an agency with which the department contracts under sub. (2). To be certified under this section, a person must meet the minimum requirements for certification established by the department under s. 49.155 (1d), meet the requirements specified in s. 48.685, and pay the fee specified in sub. (2). The department in a county having a population of 500,000 or more, a county department, or an agency contracted with under sub. (2) shall certify the following categories of day child care providers: