LRB-0016/1
GMM:kjf:rs
2011 - 2012 LEGISLATURE
April 18, 2011 - Introduced by Senators Lazich and Galloway. Referred to
Committee on Public Health, Human Services, and Revenue.
SB63,1,9
1An Act to renumber and amend 48.365 (2g) (b) 3. and 938.365 (2g) (b) 3.;
to
2amend 48.38 (5) (c) 6. (intro.), 48.417 (1) (a), 48.417 (2) (intro.) and 938.38 (5)
3(c) 6. (intro.);
to repeal and recreate 48.365 (2g) (b) 3., 48.38 (5) (c) 6. (intro.),
448.417 (1) (a), 938.365 (2g) (b) 3. and 938.38 (5) (c) 6. (intro.); and
to create
548.365 (2g) (b) 3. a. to d., 48.38 (5) (c) 6m., 48.417 (1) (am), 938.365 (2g) (b) 3.
6a. to d. and 938.38 (5) (c) 6m. of the statutes;
relating to: a requirement that
7termination of parental rights petitions be filed with respect to children under
8eight years of age, and certain children eight years of age or over, who have been
9placed outside the home for six months.
Analysis by the Legislative Reference Bureau
Under current law, the parental rights of a parent to his or her child may be
terminated involuntarily under various grounds, including the ground of continuing
need of protection or services, which may be established by proving: 1) that the child
has been adjudged to be in need of protection or services and placed outside of his or
her home by the court assigned to exercise jurisdiction under the Children's Code
(juvenile court); 2) that the agency responsible for the care of the child and the family
has made a reasonable effort to provide the services ordered by the juvenile court;
3) that the child has been outside the home for a cumulative period of six months or
longer pursuant to juvenile court orders; and 4) that the parent has failed to meet
the conditions established for the safe return of the child to the home, and there is
a substantial likelihood that the parent will not meet those conditions within the
nine-month period following the termination of parental rights (TPR) fact-finding
hearing.
Current law, subject to certain exceptions, requires the filing of a TPR petition
with respect to a child who has been placed in a foster home, group home, nonsecured
residential care center for children and youth, or shelter care facility for 15 of the
most recent 22 months, not including any period during which the child was a
runaway from that placement or the first six months of a trial home visit. A person
responsible for filing TPR petitions, however, is not required to file a TPR petition
with respect to such a child if the child is being cared for by a relative, if a TPR is not
in the best interests of the child, if the agency primarily responsible for providing
services to the child and the family is required to make reasonable efforts to make
it possible for the child to return safely home and has not provided the services
necessary for that safe return, or if grounds for TPR do not exist.
This bill, subject to the exceptions under current law, requires a TPR petition
to be filed with respect to a child who has been placed outside of his or her home in
any out-of-home placement for a cumulative total period of six months, not
including any period during which the child was a runaway from the out-of-home
placement or any period during which the child was returned to his or her home for
a trial home visit, if any of the following applies:
1. The child was under eight years of age when he or she was placed outside
of his or her home.
2. The child was eight years of age or over when he or she was placed outside
of his or her home and the goal of the child's permanency plan, which is a plan
designed to ensure that a child is reunified with his or her family whenever
appropriate or that the child quickly attains a placement providing long-term
stability, is placement for adoption with an adoptive parent or a proposed adoptive
parent of a sibling who was under eight years of age when the sibling was placed
outside of his or her home.
3. The child was eight years of age or over when he or she was placed outside
of his or her home, and the child's permanency plan indicates that a safe and
appropriate placement with a proposed adoptive parent is available for the child and
that the child has expressed the wish to be adopted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB63, s. 1
1Section
1. 48.365 (2g) (b) 3. of the statutes, as affected by
2009 Wisconsin Act
279, section
43, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:
SB63,3,53
48.365
(2g) (b) 3. A statement of whether or not a recommendation has been
4made to terminate the parental rights of the parents of the child if any of the
5following applies:
SB63,3,116
a. Subject to subd. 3. b. to d., the child has been placed outside of his or her home
7in a foster home, group home, nonsecured residential care center for children and
8youth, or shelter care facility for 15 of the most recent 22 months, not including any
9period during which the child was a runaway from the out-of-home placement or the
10first 6 months of any period during which the child was returned to his or her home
11for a trial home visit.
SB63,3,1612
b. The child has been placed outside of his or her home for a cumulative total
13period of 6 months, not including any period during which the child was a runaway
14from the out-of-home placement or any period during which the child was returned
15to his or her home for a trial home visit, and was under 8 years of age when he or she
16was placed outside of his or her home.
SB63,3,2417
c. The child has been placed outside of his or her home for a cumulative total
18period of 6 months, not including any period during which the child was a runaway
19from the out-of-home placement or any period during which the child was returned
20to his or her home for a trial home visit, the child was 8 years of age or over when he
21or she was placed outside of his or her home, and the goal of the child's permanency
22plan is placement for adoption with an adoptive parent or a proposed adoptive parent
23of a sibling, as defined in s. 48.38 (4) (br) 1., who was under 8 years of age when the
24sibling was placed outside of his or her home.
SB63,4,7
1d. The child has been placed outside of his or her home for a cumulative total
2period of 6 months, not including any period during which the child was a runaway
3from the out-of-home placement or any period during which the child was returned
4to his or her home for a trial home visit, the child was 8 years of age or over when he
5or she was placed outside of his or her home, and the child's permanency plan
6indicates that a safe and appropriate placement with a proposed adoptive parent is
7available for the child and that the child has expressed the wish to be adopted.
SB63, s. 2
8Section
2. 48.365 (2g) (b) 3. of the statutes, as affected by
2009 Wisconsin Act
979, section
42, is renumbered 48.365 (2g) (b) 3. (intro.) and amended to read:
SB63,4,1710
48.365
(2g) (b) 3. (intro.)
If the child has been placed outside of his or her home
11in a foster home, treatment foster home, group home, nonsecured residential care
12center for children and youth, or shelter care facility for 15 of the most recent 22
13months, not including any period during which the child was a runaway from the
14out-of-home placement or the first 6 months of any period during which the child
15was returned to his or her home for a trial home visit, a A statement of whether or
16not a recommendation has been made to terminate the parental rights of the parents
17of the child
. if any of the following applies:
SB63,5,7
184. If
the statement under subd. 3. indicates that a recommendation for a
19termination of parental rights has been made,
the statement shall indicate a
20statement indicating the date on which the recommendation was made, any previous
21progress made to accomplish the termination of parental rights, any barriers to the
22termination of parental rights, specific steps to overcome the barriers and when the
23steps will be completed, reasons why adoption would be in the best interest of the
24child, and whether or not the child should be registered with the adoption
25information exchange. If
the statement under subd. 3. indicates that a
1recommendation for termination of parental rights has not been made,
the
2statement shall include an explanation of a statement explaining the reasons why
3a recommendation for termination of parental rights has not been made. If the lack
4of appropriate adoptive resources is the primary reason for not recommending a
5termination of parental rights, the agency shall recommend that the child be
6registered with the adoption information exchange or report the reason why
7registering the child is contrary to the best interest of the child.
SB63, s. 3
8Section
3. 48.365 (2g) (b) 3. a. to d. of the statutes are created to read:
SB63,5,149
48.365
(2g) (b) 3. a. Subject to subd. 3. b. to d., the child has been placed outside
10of his or her home in a foster home, treatment foster home, group home, nonsecured
11residential care center for children and youth, or shelter care facility for 15 of the
12most recent 22 months, not including any period during which the child was a
13runaway from the out-of-home placement or the first 6 months of any period during
14which the child was returned to his or her home for a trial home visit.
SB63,5,1915
b. The child has been placed outside of his or her home for a cumulative total
16period of 6 months, not including any period during which the child was a runaway
17from the out-of-home placement or any period during which the child was returned
18to his or her home for a trial home visit, and was under 8 years of age when he or she
19was placed outside of his or her home.
SB63,6,220
c. The child has been placed outside of his or her home for a cumulative total
21period of 6 months, not including any period during which the child was a runaway
22from the out-of-home placement or any period during which the child was returned
23to his or her home for a trial home visit, the child was 8 years of age or over when he
24or she was placed outside of his or her home, and the goal of the child's permanency
25plan is placement for adoption with an adoptive parent or a proposed adoptive parent
1of a sibling, as defined in s. 48.38 (4) (br) 1., who was under 8 years of age when the
2sibling was placed outside of his or her home.
SB63,6,93
d. The child has been placed outside of his or her home for a cumulative total
4period of 6 months, not including any period during which the child was a runaway
5from the out-of-home placement or any period during which the child was returned
6to his or her home for a trial home visit, the child was 8 years of age or over when he
7or she was placed outside of his or her home, and the child's permanency plan
8indicates that a safe and appropriate placement with a proposed adoptive parent is
9available for the child and that the child has expressed the wish to be adopted.
SB63,6,1912
48.38
(5) (c) 6. (intro.)
If Subject to subd. 6m., if the child has been placed
13outside of his or her home, as described in s. 48.365 (1), in a foster home, treatment
14foster home, group home, nonsecured residential care center for children and youth,
15or shelter care facility for 15 of the most recent 22 months, not including any period
16during which the child was a runaway from the out-of-home placement or the first
176 months of any period during which the child was returned to his or her home for
18a trial home visit, the appropriateness of the permanency plan and the
19circumstances which prevent the child from any of the following:
SB63, s. 5
20Section
5. 48.38 (5) (c) 6. (intro.) of the statutes, as affected by
2009 Wisconsin
21Act 79, section
63, and 2011 Wisconsin Act .... (this act), is repealed and recreated to
22read:
SB63,7,523
48.38
(5) (c) 6. (intro.) Subject to subd. 6m., if the child has been placed outside
24of his or her home, as described in s. 48.365 (1), in a foster home, group home,
25nonsecured residential care center for children and youth, or shelter care facility for
115 of the most recent 22 months, not including any period during which the child was
2a runaway from the out-of-home placement or the first 6 months of any period
3during which the child was returned to his or her home for a trial home visit, the
4appropriateness of the permanency plan and the circumstances which prevent the
5child from any of the following:
SB63, s. 6
6Section
6. 48.38 (5) (c) 6m. of the statutes is created to read:
SB63,7,147
48.38
(5) (c) 6m. The appropriateness of the permanency plan and the
8circumstances that prevent the child from being placed for adoption or having a
9petition for the involuntary termination of parental rights filed on behalf of the child
10if the child has been placed outside of his or her home, as described in s. 48.365 (1),
11for a cumulative total period of 6 months, not including any period during which the
12child was a runaway from the out-of-home placement or any period during which
13the child was returned to his or her home for a trial home visit, and if any of the
14following applies:
SB63,7,1615
a. The child was under 8 years of age when he or she was placed outside of his
16or her home.
SB63,7,2117
b. The child was 8 years of age or over when he or she was placed outside of his
18or her home and the goal of the child's permanency plan is placement for adoption
19with an adoptive parent or a proposed adoptive parent of a sibling, as defined in s.
2048.38 (4) (br) 1., who was under 8 years of age when the sibling was placed outside
21of his or her home.
SB63,7,2522
c. The child was 8 years of age or over when he or she was placed outside of his
23or her home and the child's permanency plan indicates that a safe and appropriate
24placement with a proposed adoptive parent is available for the child and that the
25child has expressed the wish to be adopted.
SB63,8,113
48.417
(1) (a)
The Subject to par. (am), the child has been placed outside of his
4or her home, as described in s. 48.365 (1) or 938.365 (1), in a foster home, treatment
5foster home, group home, nonsecured residential care center for children and youth,
6or shelter care facility for 15 of the most recent 22 months, not including any period
7during which the child was a runaway from the out-of-home placement or the first
86 months of any period during which the child was returned to his or her home for
9a trial home visit. If the circumstances specified in this paragraph apply, the petition
10shall be filed or joined in by the last day of the 15th month, as described in this
11paragraph, for which the child was placed outside of his or her home.
SB63, s. 8
12Section
8. 48.417 (1) (a) of the statutes, as affected by
2009 Wisconsin Act 79,
13section
78, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:
SB63,8,2214
48.417
(1) (a) Subject to par. (am), the child has been placed outside of his or
15her home, as described in s. 48.365 (1) or 938.365 (1), in a foster home, group home,
16nonsecured residential care center for children and youth, or shelter care facility for
1715 of the most recent 22 months, not including any period during which the child was
18a runaway from the out-of-home placement or the first 6 months of any period
19during which the child was returned to his or her home for a trial home visit. If the
20circumstances specified in this paragraph apply, the petition shall be filed or joined
21in by the last day of the 15th month, as described in this paragraph, for which the
22child was placed outside of his or her home.
SB63, s. 9
23Section
9. 48.417 (1) (am) of the statutes is created to read:
SB63,9,324
48.417
(1) (am) 1. The child has been placed outside of his or her home, as
25described in s. 48.365 (1) or 938.365 (1), for a cumulative total period of 6 months,
1not including any period during which the child was a runaway from the
2out-of-home placement or any period during which the child was returned to his or
3her home for a trial home visit, and any of the following applies:
SB63,9,54
a. The child was under 8 years of age when he or she was placed outside of his
5or her home.
SB63,9,106
b. The child was 8 years of age or over when he or she was placed outside of his
7or her home and the goal of the child's permanency plan is placement for adoption
8with an adoptive parent or a proposed adoptive parent of a sibling, as defined in s.
948.38 (4) (br) 1., who was under 8 years of age when the sibling was placed outside
10of his or her home.
SB63,9,1411
c. The child was 8 years of age or over when he or she was placed outside of his
12or her home and the child's permanency plan indicates that a safe and appropriate
13placement with a proposed adoptive parent is available for the child and that the
14child has expressed the wish to be adopted.
SB63,9,1715
2. If the circumstances specified in subd. 1. apply, the petition shall be filed or
16joined in by the last day of the 6th month, as described in subd. 1., for which the child
17was placed outside of his or her home.
SB63, s. 10
18Section
10. 48.417 (2) (intro.) of the statutes is amended to read:
SB63,9,2419
48.417
(2) Filing or joining in petition; when not required. (intro.)
20Notwithstanding that any of the circumstances specified in sub. (1) (a),
(am), (b), (c)
, 21or (d) may apply, an agency or the district attorney, corporation counsel
, or other
22appropriate official designated under s. 48.09 need not file a petition under s. 48.42
23(1) to terminate the parental rights of a parent or the parents of a child, or, if a
24petition under s. 48.42 (1) to terminate those parental rights has already been filed,
1the agency, district attorney, corporation counsel
, or other appropriate official need
2not join in the petition, if any of the following circumstances apply:
SB63, s. 11
3Section
11. 938.365 (2g) (b) 3. of the statutes, as affected by
2009 Wisconsin
4Act 79, section
145, and 2011 Wisconsin Act .... (this act), is repealed and recreated
5to read:
SB63,10,86
938.365
(2g) (b) 3. A statement of whether or not a recommendation has been
7made to terminate the parental rights of the parents of the juvenile if any of the
8following applies: