AB632: Bill Text

AB632,29,7 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order; the child or the child's counsel or guardian ad litem; the person representing the interests of the public; the child's parent, guardian, or and legal custodian; the next of kin of a parental homicide victim; the child's court-appointed special advocate; the child's foster parent or, the operator of the facility where the child is living, or the relative with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe.

AB632, s. 53 Section 53. 48.38 (5m) (b) of the statutes is amended to read:

AB632,29,22 48.38 (5m) (b) Not less than 30 days before the date of the hearing, the court shall notify the child; the child's parent, guardian, and legal custodian; the next of kin of a parental homicide victim; and the child's foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe of the date, time, and place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par. (c) 1.

AB632, s. 54 Section 54. 48.38 (5m) (c) 1. of the statutes is amended to read:

AB632,30,12 48.38 (5m) (c) 1. A child, parent, guardian, legal custodian, next of kin of a parental homicide victim, foster parent, operator of a facility, or relative who is provided notice of the hearing under par. (b) shall have a right to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A counsel, guardian ad litem, court-appointed special advocate, agency, or person representing the interests of the public who is provided notice of the hearing under par. (b) may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, operator of a facility, or relative who receives notice of a hearing under par. (b) and a right to be heard under this subdivision 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.

AB632, s. 55 Section 55. 48.38 (5m) (d) of the statutes is amended to read:

AB632,31,3 48.38 (5m) (d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under par. (c) 1. to the court, to the child's parent, guardian, and legal custodian, to the next of kin of a parental homicide victim, to the person representing the interests of the public, to the child's counsel or guardian ad litem, to the child's court-appointed special advocate, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, to the Indian child's Indian custodian and tribe. Notwithstanding s. 48.78 (2) (a), the person representing the interests of the public, the child's counsel or guardian ad litem, the child's court-appointed special advocate, and, if the child is an Indian child who is placed outside of the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.

AB632, s. 56 Section 56. 48.38 (5m) (e) of the statutes is amended to read:

AB632,31,22 48.38 (5m) (e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the child; the child's parent, guardian, and legal custodian; the next of kin of a parental homicide victim; the child's foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; the child's court-appointed special advocate; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe. The court shall make the findings specified in sub. (5) (c) 7. 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 findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.

AB632, s. 57 Section 57. 48.396 (1b) of the statutes is amended to read:

AB632,32,10 48.396 (1b) If requested by the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report, if requested by the next of kin of a parental homicide victim, or if requested by the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian or child requester a copy of that report. If requested by the parent, guardian or legal custodian of a child expectant mother of an unborn child who is the subject of a law enforcement officer's report, if requested by an expectant mother of an unborn child who is the subject of a law enforcement officer's report, if 14 years of age or over, or if requested by an unborn child through the unborn child's guardian ad litem, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian, expectant mother or unborn child by the unborn child's guardian ad litem a copy of that report.

AB632, s. 58 Section 58. 48.396 (1d) of the statutes is amended to read:

AB632,33,2 48.396 (1d) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report, upon the written permission of the next of kin of a parental homicide victim, or upon the written permission of the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian, relative, or child in the written permission. 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 a law enforcement officer's report, or of an expectant mother of an unborn child who is the subject of a law enforcement officer's report, if 14 years of age or over, and of the unborn child by the unborn child's guardian ad litem, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian or expectant mother, and unborn child by the unborn child's guardian ad litem in the written permission.

AB632, s. 59 Section 59. 48.396 (2) (ag) of the statutes is amended to read:

AB632,33,11 48.396 (2) (ag) Upon request of the parent, guardian , or legal custodian of a child who is the subject of a record of a court specified in par. (a), upon request of the next of kin of a parental homicide victim, or upon request of the child, if 14 years of age or over, the court shall open for inspection by the parent, guardian, legal custodian or child requester the records of the court relating to that child, unless the court finds, after due notice and hearing, that inspection of those records by the parent, guardian, legal custodian or child requester would result in imminent danger to anyone.

AB632, s. 60 Section 60. 48.396 (2) (am) of the statutes is amended to read:

AB632,33,20 48.396 (2) (am) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), upon the written permission of the next of kin of a parental homicide victim, or upon the written permission of the child, if 14 years of age or over, the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian, relative, or child in the written permission, unless the court finds, after due notice and hearing, that inspection of those records by the person named in the permission would result in imminent danger to anyone.

AB632, s. 61 Section 61. 48.42 (1) (b) of the statutes is amended to read:

AB632,33,24 48.42 (1) (b) The names and addresses of the child's parent or parents, guardian and legal custodian and the name and address of the next of kin of a parental homicide victim.

AB632, s. 62 Section 62. 48.42 (2) (c) of the statutes is amended to read:

AB632,34,2 48.42 (2) (c) The guardian, guardian ad litem, legal custodian, and Indian custodian of the child and the next of kin of a parental homicide victim.

AB632, s. 63 Section 63. 48.427 (6) (b) 2. of the statutes is amended to read:

AB632,34,6 48.427 (6) (b) 2. The names and current addresses of the child's birth parents, guardian, and legal custodian and the name and address of the next of kin of a parental homicide victim.

AB632, s. 64 Section 64. 48.46 (1) of the statutes is amended to read:

AB632,34,15 48.46 (1) Except as provided in subs. (1m), (2), and (3), the child whose status is adjudicated by the court, the parent, guardian or legal custodian of that child, the next of kin of a parental homicide victim, the unborn child whose status is adjudicated by the court, or the expectant mother of that unborn child may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.

AB632, s. 65 Section 65. 48.46 (1m) of the statutes is amended to read:

AB632,35,5 48.46 (1m) Except as provided in sub. (2), the parent, guardian or legal custodian of the child, the next of kin of a parental homicide victim, or the child whose status is adjudicated by the court in an order entered under s. 48.43 or an order adjudicating paternity under subch. VIII may, within the time permitted under this subsection, petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. A petition under this subsection shall be filed within one year after the date on which the order under s. 48.43 or order adjudicating paternity under subch. VIII is entered, unless within that one-year period a court in this state or in another jurisdiction enters an order granting adoption of the child, in which case a petition under this subsection shall be filed before the date on which the order granting adoption is entered or within 30 days after the date on which the order under s. 48.43 or order adjudicating paternity under subch. VIII is entered, whichever is later.

AB632, s. 66 Section 66. 48.63 (5) (d) 4. of the statutes is amended to read:

AB632,35,16 48.63 (5) (d) 4. Not less than 10 days before the review, the agency that placed the child or that arranged the placement of the child shall provide a copy of the revised permanency plan or plans and the request for review submitted under subd. 3. and notice of the time and place of the review to the child, the parent, guardian, Indian custodian, and legal custodian of the child, the next of kin of a parental homicide victim, and the operator of the group home in which the child is placed, together with notice of the issues to be determined as part of the permanency plan review and notice of the fact that those persons shall have a right to be heard at the review by submitting written comments to that agency or the independent reviewing agency before the review or by participating at the review.

AB632, s. 67 Section 67. 48.63 (5) (d) 6. of the statutes is amended to read:

AB632,35,24 48.63 (5) (d) 6. Within 30 days after the review, the agency that prepared the revised permanency plan or plans shall prepare a written summary of the determinations specified in s. 48.38 (5) (c) that were made under subd. 5. and shall provide a copy of that summary to the independent reviewing agency, the child, the parent, guardian, Indian custodian, and legal custodian of the child, the next of kin of a parental homicide victim, and the operator of the group home in which the child was placed.

AB632, s. 68 Section 68. 48.78 (2) (ag) of the statutes is amended to read:

AB632,36,8 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, upon the request of the next of kin of a parental homicide victim, or upon the request of the child, if 14 years of age or over, to the parent, guardian, legal custodian, or child requester, unless the agency determines that inspection of the record by the child, parent, guardian, or legal custodian requester would result in imminent danger to anyone.

AB632, s. 69 Section 69. 48.78 (2) (am) of the statutes is amended to read:

AB632,36,18 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, upon the written permission of the next of kin of a parental homicide victim, 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, relative, or child specifically identifies the record in the written permission, unless the agency determines that inspection of the record by the person named in the permission would result in imminent danger to anyone.

AB632, s. 70 Section 70. 48.977 (4) (a) 3. of the statutes is amended to read:

AB632,36,21 48.977 (4) (a) 3. The child's parent and the next of kin of a parental homicide victim.

AB632, s. 71 Section 71. 48.977 (4) (b) 2. of the statutes is amended to read:

AB632,36,25 48.977 (4) (b) 2. The names and addresses of the child's parent or parents, guardian, and legal custodian and the name and address of the next of kin of a parental homicide victim.

AB632, s. 72 Section 72. 48.977 (4) (c) 1. e. of the statutes is amended to read:

AB632,37,3 48.977 (4) (c) 1. e. The child's parent and the next of kin of a parental homicide victim.

AB632, s. 73 Section 73. 48.981 (7) (a) 3m. of the statutes is amended to read:

AB632,37,8 48.981 (7) (a) 3m. A child's parent, guardian, or legal custodian, the next of kin of a parental homicide victim, or the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.

AB632, s. 74 Section 74. 48.981 (7) (cr) 8. of the statutes is amended to read:

AB632,37,22 48.981 (7) (cr) 8. If the department fails to disclose to the governor, to the appropriate standing committees of the legislature under s. 13.172 (3), or to the public any information that the department is required to disclose under this paragraph, any person may request the department to disclose that information. If the person's request is denied, the person may petition the court to order the disclosure of that information. On receiving a petition under this subdivision, the court shall notify the department, the agency, the district attorney, the child, and the child's parent, guardian, or legal custodian, and the next of kin of a parental homicide victim of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence and hear argument relating to the disclosure of the information. The court shall make an in camera inspection of the information sought to be disclosed and shall order disclosure of the information, unless the court finds that any of the circumstances specified in subd. 6. or 7. apply.

AB632, s. 75 Section 75. Initial applicability.

AB632,38,2 (1) Temporary physical custody of child. The treatment of sections 48.19 (2), 48.20 (3), (7) (d), and (8) (a), and 48.21 (3) (am), (b), (d), and (e) of the statutes first applies to a child who is taken into temporary physical custody on the effective date of this subsection.

AB632,38,6 (2) Intake inquiry and informal disposition. The treatment of sections 48.24 (1m) and (2) (a), 48.243 (1) (intro.) and (3), and 48.245 (1) (c), (2r), (3), (4), (5), and (8) of the statutes first applies to a child who is referred to the court assigned to exercise jurisdiction under chapter 48 of the statutes on the effective date of this subsection.

AB632,38,13 (3) Child in need of protection or services proceedings. The treatment of sections 48.255 (1) (b) and (4), 48.27 (3) (a) 1m. and 2. and (e), 48.29 (1), 48.295 (1) and (3), 48.299 (1) (a), 48.30 (2), 48.31 (2), 48.32 (1) (a), (2) (c), and (6), and 48.355 (2) (b) 1m. and (d) of the statutes, the renumbering and amendment of section 48.27 (3) (a) 1. of the statutes, and the creation of section 48.27 (3) (a) 1. b. of the statutes first apply to a child in need of protection or services proceeding commenced on the effective date of this subsection.

AB632,38,18 (4) Post-dispositional proceedings. The treatment of sections 48.357 (1) (am) 1. and 2. a. and (c) 2., (2m) (a) and (b), 48.363 (1) (a) and (b), and 48.365 (1m) and (2) of the statutes first applies to a change in placement of a child or a revision or extension of a dispositional order proposed or requested on the effective date of this subsection.

AB632,38,19 (5) Permanency planning.

AB632,38,21 (a) Permanency plans. The treatment of section 48.38 (4) (ag) of the statutes first applies to a permanency plan filed on the effective date of this paragraph.

AB632,38,24 (b) Permanency plan determination hearings. The treatment of section 48.38 (4m) (b) of the statutes first applies to a permanency plan determination hearing for which notice is provided on the effective date of this paragraph.

AB632,39,3 (c) Permanency plan reviews. The treatment of sections 48.38 (5) (b), (bm) 1., (d), and (e) and 48.63 (5) (d) 4. and 6. of the statutes first applies to a permanency plan review for which notice is provided on the effective date of this paragraph.

AB632,39,6 (d) Permanency plan hearings. The treatment of sections 48.38 (5m) (b), (c) 1., (d), and (e) of the statutes first applies to a permanency plan hearing for which notice is provided on the effective date of this paragraph.

AB632,39,10 (6) Other proceedings under the Children's Code. The treatment of sections 48.42 (1) (b) and (2) (c), 48.427 (6) (b) 2., and 48.977 (4) (a) 3., (b) 2., and (c) 1. e.. of the statutes first apply to a termination of parental rights or guardianship proceeding commenced on the effective date of this subsection.

AB632,39,12 (7) Rehearings. The treatment of section 48.46 (1) and (1m) of the statutes first applies to a petition for rehearing filed on the effective date of this subsection.

AB632, s. 76 Section 76. Effective date.

AB632,39,16 (1) Participation of next of kin of parental homicide victim in Children's Code proceedings. This act takes effect on the first day of the 2nd month beginning after publication.

AB632,39,17 (End)