AB150,5
4Section
5. 48.028 (3) (f) of the statutes is amended to read:
AB150,8,105
48.028
(3) (f)
Full faith and credit. The state shall give full faith and credit to
6the public acts, records, and judicial proceedings of any Indian tribe that are
7applicable to an Indian child custody proceeding
, including a proceeding for a
8suspension of parental rights or an adoption under tribal law or custom, to the same
9extent that the state gives full faith and credit to the public acts, records, and judicial
10proceedings of any other governmental entity.
Note: This Section specifies that a state court must accord full faith and credit to
a tribal court's order for a suspension of parental rights or an adoption under tribal law
or custom.
AB150,6
11Section
6. 48.23 (2g) of the statutes is amended to read:
AB150,8,1712
48.23
(2g) Right of Indian child's parent or Indian custodian to counsel. 13Whenever an Indian child is the subject of a proceeding involving the removal of the
14Indian child from the home of his or her parent or Indian custodian, placement of the
15Indian child in an out-of-home care placement, or termination
or suspension of
16parental rights to the Indian child, the Indian child's parent or Indian custodian
17shall have the right to be represented by counsel as provided in subs. (2) and (4).
Note: This Section specifies that the State Public Defender may provide
representation for an Indian child's parent or Indian custodian in a proceeding for a
suspension of parental rights to the child.
AB150,7
18Section
7. 48.255 (1) (c) of the statutes is amended to read:
AB150,9,219
48.255
(1) (c) Whether the child is in custody, and, if so, the place where the
20child is being held and the time he or she was taken into custody unless there is
1reasonable cause to believe that such disclosure
would result in imminent danger to
2the child or physical custodian is not in the best interests of the child.
Note: This Section amends the standard for when the location of a child may not
be disclosed in a CHIPS petition. It changes the standard from "imminent danger to the
child or physical custodian" to "best interests of the child."
AB150,8
3Section
8
. 48.33 (5) of the statutes is renumbered 48.33 (5) (a) and amended
4to read:
AB150,9,135
48.33
(5) (a)
If Except as provided in par. (b), if the report recommends
6placement in a foster home, and the name of the foster parent is not available at the
7time the report is filed, the agency shall provide the court and the child's parent or
8guardian with the name and address of the foster parent within 21 days after the
9dispositional order is entered
, except that the court may order the information
10withheld from the child's parent or guardian if the court finds that disclosure would
11result in imminent danger to the child or to the foster parent. After notifying the
12child's parent or guardian, the court shall hold a hearing prior to ordering the
13information withheld.
AB150,9
14Section
9
. 48.33 (5) (b) of the statutes is created to read:
AB150,9,2015
48.33
(5) (b) If the report recommends that a child be placed outside of his or
16her home, the court may order the name and address of the out-of-home placement
17to be withheld from the child's parent or guardian if the court finds that disclosure
18of the name and address of the placement is not in the best interests of the child.
19After notifying the child's parent or guardian, the court shall hold a hearing prior to
20ordering that the information be withheld.
Note: Sections 8 and 9 allow the juvenile court to order the name and address of
the recommended out-of-home placement to be withheld from the copy of the court report
that is given to the child's parent or guardian if the juvenile court finds that disclosure
is not in the best interests of the child. The juvenile court may not order that this
information be withheld until a hearing is held on the issue, with notice of the hearing
given to the child's parent or guardian.
AB150,10
1Section
10
. 48.355 (2) (b) 2. of the statutes is amended to read:
AB150,10,112
48.355
(2) (b) 2.
If Except as provided in subd. 2g., if the child is placed outside
3the home, the name of the place or facility, including transitional placements, where
4the child will be cared for or treated, except that if the placement is a foster home and
5if the name and address of the foster parent is not available at the time of the order,
6the name and address of the foster parent shall be furnished to the court and the
7parent within 21 days after the order.
If, after a hearing on the issue with due notice
8to the parent or guardian, the judge finds that disclosure of the identity of the foster
9parent would result in imminent danger to the child or the foster parent, the judge
10may order the name and address of the prospective foster parents to be withheld from
11the parent or guardian.
AB150,11
12Section
11
. 48.355 (2) (b) 2g. of the statutes is created to read:
AB150,10,1713
48.355
(2) (b) 2g. If the child is placed outside the home, the court may order
14the name and address of the placement to be withheld from the child's parent or
15guardian if the court finds that disclosure of the name and address of the placement
16is not in the best interests of the child. After notifying the child's parent or guardian,
17the court shall hold a hearing prior to ordering that the information be withheld.
Note: Sections 10 and 11 allow the juvenile court to order the name and address
of the out-of-home placement to be withheld from the copy of the CHIPS dispositional
order that is given to the child's parent or guardian if the juvenile court finds that
disclosure is not in the best interests of the child. The juvenile court may not order that
this information be withheld until a hearing is held on the issue, with notice of the hearing
given to the child's parent or guardian.
AB150,12
18Section
12
. 48.357 (1) (am) 1. of the statutes is amended to read:
AB150,11,1419
48.357
(1) (am) 1.
If Except as provided in subd. 1r., if the proposed change in
20placement involves any change in placement other than a change in placement
21specified in par. (c), the person or agency primarily responsible for implementing the
22dispositional order, the district attorney, or the corporation counsel shall cause
1written notice of the proposed change in placement to be sent to the child, the parent,
2guardian, and legal custodian of the child, any foster parent or other physical
3custodian described in s. 48.62 (2) of the child, the child's court-appointed special
4advocate, and, if the child is an Indian child who has been removed from the home
5of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe.
6If the child is the expectant mother of an unborn child under s. 48.133, written notice
7shall also be sent to the unborn child by the unborn child's guardian ad litem. If the
8change in placement involves an adult expectant mother of an unborn child under
9s. 48.133, written notice shall be sent to the adult expectant mother and the unborn
10child by the unborn child's guardian ad litem. The notice shall contain the name and
11address of the new placement, the reasons for the change in placement, a statement
12describing why the new placement is preferable to the present placement, and a
13statement of how the new placement satisfies objectives of the treatment plan
14ordered by the court.
AB150,13
15Section
13
. 48.357 (1) (am) 1r. of the statutes is created to read:
AB150,12,516
48.357
(1) (am) 1r. If the person or agency primarily responsible for
17implementing the dispositional order, the district attorney, or the corporation
18counsel reasonably believes that withholding the name and address of the new
19placement is in the best interests of the child, the person or agency primarily
20responsible for implementing the dispositional order, the district attorney, or the
21corporation counsel may cause written notice of the proposed change in placement
22under subd. 1. to be sent to the child's parent or guardian without disclosure of the
23name and address of the new placement. The court shall hold a hearing to determine
24whether withholding the name and address of the placement is in the best interests
25of the child with due notice to the child's parent or guardian, and if the child is an
1Indian child, the Indian child's Indian custodian and tribe. If, after a hearing on the
2issue, the court finds that withholding the name and address of the new placement
3is not in the best interests of the child, the court shall order the name and address
4to be disclosed to the parent or guardian, and if the child is an Indian child his or her
5parent or Indian custodian.
Note: Sections 12 and 13 allow the name and address of a proposed change in
out-of-home placement to be withheld from the written notice of the proposed change in
placement that is given to the child's parent or custodian, and if the child is an Indian
child, the Indian child's parent or Indian custodian, if the person or agency primarily
responsible for implementing the dispositional order, the district attorney, or the
corporation counsel reasonably believes that disclosure of this information is not in the
best interests of the child.
If the name and address of the new placement is withheld, the juvenile court must
hold a hearing to determine whether disclosure of the name and address is in the best
interests of the child, after notice is given to the child's parent or custodian, and if the child
is an Indian child, the Indian child's parent or Indian custodian and tribe. The juvenile
court must order disclosure of the name and address of the placement if it finds that
withholding that information is not in the best interests of the child.
AB150,14
6Section
14
. 48.357 (1) (c) 2. of the statutes is amended to read:
AB150,12,147
48.357
(1) (c) 2. The court shall hold a hearing prior to ordering any change in
8placement requested under subd. 1.
Not Except as provided in subd. 2g., not less
9than 3 days prior to the hearing, the court shall provide notice of the hearing,
10together with a copy of the request for the change in placement, to the child, the
11parent, guardian, and legal custodian of the child, the child's court-appointed special
12advocate, all parties that are bound by the dispositional order, and, if the child is an
13Indian child, the Indian child's Indian custodian and tribe. Subject to subd. 2r., if all
14parties consent, the court may proceed immediately with the hearing.
AB150,15
15Section
15
. 48.357 (1) (c) 2g. of the statutes is created to read:
AB150,13,416
48.357
(1) (c) 2g. The court may order the name and address of the requested
17change in placement to be withheld from the child's parent or guardian, and if the
18child is an Indian child, his or her parent or Indian custodian, if the court finds that
1disclosure of the name and address of the placement is not in the best interests of the
2child. After notifying the child's parent or guardian, and if the child is an Indian
3child, the Indian child's parent or Indian custodian, the court shall hold a hearing
4prior to ordering that the information be withheld.
Note: Sections 14 and 15 allow the juvenile court to order that the name and
address of a proposed change in placement from an in-home placement to an
out-of-home placement not be included in the written notice that is given to the child's
parent or custodian, and if the child is an Indian child, the Indian child's parent or Indian
custodian, if the juvenile court finds that disclosure of this information is not in the best
interests of the child. The juvenile court may not order that this information be withheld
until a hearing is held on the issue, with notice of the hearing given to the child's parent
or guardian.
AB150,16
5Section
16
. 48.357 (2m) (b) of the statutes is amended to read:
AB150,14,56
48.357
(2m) (b) The court shall hold a hearing prior to ordering any change in
7placement requested or proposed under par. (a) if the request states that new
8information is available that affects the advisability of the current placement. A
9hearing is not required if the requested or proposed change in placement does not
10involve a change in placement of a child placed in the child's home to a placement
11outside the child's home, written waivers of objection to the proposed change in
12placement are signed by all persons entitled to receive notice under this paragraph,
13other than a court-appointed special advocate, and the court approves. If a hearing
14is scheduled, not less than 3 days before the hearing the court shall notify the child,
15the parent, guardian, and legal custodian of the child, any foster parent or other
16physical custodian described in s. 48.62 (2) of the child, the child's court-appointed
17special advocate, all parties who are bound by the dispositional order, and, if the child
18is an Indian child, the Indian child's Indian custodian and tribe. If the child is the
19expectant mother of an unborn child under s. 48.133, the court shall also notify the
20unborn child by the unborn child's guardian ad litem. If the change in placement
21involves an adult expectant mother of an unborn child under s. 48.133, the court shall
1notify the adult expectant mother, the unborn child by the unborn child's guardian
2ad litem, and all parties who are bound by the dispositional order, at least 3 days prior
3to the hearing.
A Except as provided in par. (bg), a copy of the request or proposal
4for the change in placement shall be attached to the notice. Subject to par. (br), if all
5of the parties consent, the court may proceed immediately with the hearing.
AB150,17
6Section
17
. 48.357 (2m) (bg) of the statutes is created to read:
AB150,14,127
48.357
(2m) (bg) The court may order that the name and address of the new
8placement be withheld from the parent or guardian if the court finds that disclosure
9of the name and address of the new placement is not in the best interests of the child.
10After notifying the child's parent or guardian, and if the child is an Indian child, the
11Indian child's Indian custodian and tribe, the court shall hold a hearing prior to
12ordering that the information be withheld.
Note: Sections 16 and 17 allow the juvenile court to order that the name and
address of a proposed change in placement be withheld from the parent or guardian if a
change in placement is requested by the child, parent, guardian, legal custodian or Indian
custodian of the child, expectant mother, unborn child's guardian ad litem, or any person
or agency primarily bound by the dispositional order, other than the person or agency
responsible for implementing the order. The juvenile court may not order that this
information be withheld until a hearing is held on the issue, with notice of the hearing
given to the child's parent or guardian.
AB150,18
13Section
18. 48.38 (4) (fg) 2. of the statutes is amended to read:
AB150,14,1514
48.38
(4) (fg) 2. Placement of the child for adoption
, including placement for
15adoption under tribal law or custom.
Note: This Section provides that, if a child's permanency plan in Indian child
custody proceeding in state court includes the goal of placement for adoption, that goal
may include placement for adoption under tribal law or custom.
AB150,19
16Section
19. 48.425 (1) (h) of the statutes is created to read:
AB150,15,217
48.425
(1) (h) A statement as to whether a posttermination contact agreement
18has been entered into under s. 48.429. If such an agreement has been entered into,
1the agency or tribal child welfare department shall attach a copy of the agreement
2to the report.
Note: This Section requires an agency's report to the juvenile court in a TPR
proceeding to state whether or not a posttermination contact agreement has been entered
into, and, if so, to include a copy with the report.
AB150,20
3Section
20. 48.426 (3) (c) of the statutes is amended to read:
AB150,15,104
48.426
(3) (c) Whether the child has substantial relationships with the parent
5or other family members, and whether it would be harmful to the child to sever
these 6those relationships.
In determining whether it would be harmful to the child to sever
7those relationships, the court shall consider the terms of any posttermination contact
8agreement that has been entered into under s. 48.429 with respect to the child and
9may consider any other agreement by a proposed adoptive parent to permit contact
10between the child and the parent or other family members after adoption of the child.
Note: This Section requires the juvenile court, in evaluating the best interests of
a child for purposes of determining the appropriate disposition of a TPR proceeding, to
consider the terms of a posttermination contact agreement in the context of the child's
substantial relationships with the parent or any other family member.
AB150,21
11Section
21. 48.428 (6) (a) of the statutes is renumbered 48.428 (6) and
12amended to read:
AB150,15,1513
48.428
(6) Except as provided in par. (b), the The court may
order or prohibit
14visitation by grant posttermination contact privileges under s. 48.429 to a
birth
15parent relative of a child placed in sustaining care.
Note: This Section allows the juvenile court to grant posttermination contact
privileges to any relative of a child placed in sustaining care after a TPR is ordered.
AB150,22
16Section
22. 48.428 (6) (b) of the statutes is repealed.
Note: This Section removes certain restrictions on the juvenile court's discretion
whether to order visitation by a parent of a child placed in sustaining care after a TPR
is ordered because such visitation is covered under a posttermination contact agreement
authorized under the bill.
AB150,23
17Section
23. 48.429 of the statutes is created to read:
AB150,16,2
148.429 Posttermination contact privileges. (1) Definitions. In this
2section:
AB150,16,43
(a) "Approved posttermination contact agreement" means a posttermination
4contact agreement that has been approved by the court under sub. (4).
AB150,16,75
(b) "Posttermination contact agreement" means an agreement between a
6proposed adoptive parent or guardian of a child and a relative of the child that
7provides for any of the following after termination of parental rights to the child:
AB150,16,88
1. Visitation between the child and a relative of the child.
AB150,16,109
2. Future contact and communication between the child, adoptive parent, or
10guardian and relative of the child.
AB150,16,1211
3. The sharing of information about the child in the future between the adoptive
12parent or guardian and a relative of the child.
AB150,16,1413
4. The maintenance and sharing of the medical and genetic history of any
14relative who is a party to the agreement.
AB150,16,1615
(c) "Relative" has the meaning given in s. 48.02 (15), and, in the case of an
16Indian child, includes an extended family member, as defined in s. 48.028 (2) (am).
AB150,16,20
17(2) Posttermination contact agreements; when permitted. At any time before
18a termination of parental rights order is granted, a posttermination contact
19agreement may be entered into between the proposed adoptive parents or guardian
20of a child and a relative of the child if all of the following conditions are met:
AB150,16,2221
(a) The child is in the legal custody or under the supervision or guardianship
22of an agency.
AB150,16,2323
(b) The child, if 12 years of age or over, consents to the terms of the agreement.
AB150,16,25
24(3) Provisions of posttermination contact agreement. A posttermination
25contact agreement shall contain all of the following provisions:
AB150,17,9
1(a) Except as provided in this paragraph, an acknowledgement by all relatives
2who are parties to the agreement that, subject to ss. 48.028 (5) (c) and (6) and 48.46
3(1m) and (2), the termination of parental rights to and adoption of the child are
4irrevocable and that failure by a party to comply with the agreement is not grounds
5to revoke the termination of parental rights or adoption. A posttermination contact
6agreement in which one of the parties is a parent, as defined in s. 48.02 (13) for
7purposes of the application of s. 48.028 and the federal Indian Child Welfare Act,
25
8USC 1901 to
1963, is not required to contain the acknowledgement described in this
9paragraph.
AB150,17,1210
(b) An acknowledgement by the proposed adoptive parents or guardian that the
11agreement is enforceable by any person who is permitted posttermination visitation,
12contact, communication, or sharing of information under the agreement.
AB150,17,1713
(c) A statement by all parties to the agreement that the agreement was entered
14into voluntarily and with understanding of the terms of the agreement, that no
15promises or threats were made to coerce any person into entering into the agreement,
16and that the parties have not relied on any representations other than those
17contained in the agreement.
AB150,17,20
18(4) Approval of granting posttermination contact agreement. At the time a
19termination of parental rights order is granted, a court may approve a
20posttermination contact agreement if all of the following conditions are met:
AB150,17,2121
(a) The child and the parent meet the conditions specified in sub. (2).
AB150,17,2222
(b) The agreement contains the provisions specified in sub. (3) (a) to (c).
AB150,18,323
(c) The agreement is signed by all parties to the agreement including the parent
24and child, if 12 years of age or over. If a parent who is under 12 years of age or other
25relative who is a child is to be granted posttermination visitation, contact,
1communication, or sharing of information under the agreement, the parent,
2guardian, legal custodian, or Indian custodian of the parent or other relative shall
3sign the agreement on behalf of the parent or other relative.
AB150,18,104
(d) The agency having guardianship, legal custody, or supervision of the child,
5the child's guardian ad litem or, in the case of an Indian child, the tribal child welfare
6department of the Indian child's tribe files the agreement with the court. If the
7agency or tribal child welfare department files the agreement, the agency or tribal
8child welfare department shall comply with this paragraph by including in the court
9report under s. 48.425 (1) the statement under s. 48.425 (1) (h) and attaching the
10agreement to the court report.
AB150,18,1511
(e) The court addresses all parties to the agreement and determines by clear
12and convincing evidence that the agreement was entered into voluntarily and with
13understanding of the terms of the agreement, that no promises or threats were made
14to coerce any person into entering into the agreement, and that the parties have not
15relied on any representations other than those contained in the agreement.
AB150,18,2016
(f) The agency having guardianship, legal custody, or supervision of the child,
17the child's guardian ad litem, and, in the case of an Indian child, the Indian child's
18tribe submit to the court recommendations concerning the granting of
19posttermination visitation, contact, communication, or sharing of information as
20provided for in the agreement.
AB150,18,2221
(g) The court determines that the relative will not undermine the guardian or
22adoptive parent's or parents' relationship with the child.
AB150,19,323
(h) The court determines by clear and convincing evidence that granting
24posttermination visitation, contact, communication, or sharing of information as
25provided for in the agreement would be in the best interests of the child. In
1determining whether granting posttermination visitation, contact, communication,
2or sharing of information as provided for in the agreement would be in the best
3interests of the child, the court shall consider all of the following factors:
AB150,19,74
1. Whether the child has substantial relationships with the person who would
5have visitation, contact, communication, or sharing of information under the
6agreement, and whether it would be harmful to the child not to preserve those
7relationships.
AB150,19,108
2. Any special needs of the child and how those special needs would be affected
9by visitation, contact, communication, or sharing of information as provided for in
10the agreement.
AB150,19,1211
3. The specific terms of the agreement and the likelihood that the parties will
12cooperate in complying with the agreement.
AB150,19,1513
4. The recommendations of the agency having guardianship, legal custody, or
14supervision of the child, the child's guardian ad litem, and, in the case of an Indian
15child, the Indian child's tribe.
AB150,19,1816
5. Any other factors that are relevant to the best interests of the child under
17s. 48.01 (1) (intro.) or, in the case of an Indian child, the best interests of the Indian
18child under s. 48.01 (2).
AB150,20,4
19(5) Enforcement of posttermination contact agreement. (a) A
20posttermination contact agreement is enforceable only if the agreement is approved
21by the court under sub. (4). Any party to an approved posttermination contact
22agreement may petition the court that approved the agreement for specific
23performance of the agreement. The petition shall allege facts sufficient to show that
24a person who is bound by the agreement is not in compliance with the agreement,
25that enforcement of the agreement is in the best interests of the child in light of the
1factors specified in sub. (4) (h), and that the petitioner, before filing the petition,
2participated, or attempted to participate, in good faith in formal or informal
3mediation or other appropriate dispute resolution proceedings to resolve the dispute
4giving rise to the filing of the petition.
AB150,20,115
(b) The court shall set a date and time for a hearing on a petition filed under
6par. (a) and shall provide notice of the hearing to the petitioner and to all other
7parties to the approved posttermination contact agreement, the agency that had
8guardianship, legal custody, or supervision of the child before the termination of
9parental rights, and, in the case of an Indian child, the Indian child's tribe. The
10hearing shall take place on a date that allows the persons notified of the hearing a
11reasonable time to prepare, but is no more than 30 days after the filing of the petition.
AB150,20,2012
(c) If the court finds by clear and convincing evidence that any person bound
13by an approved posttermination contact agreement is not in compliance with the
14agreement; that enforcement of the agreement is in the best interests of the child in
15light of the factors specified in sub. (4) (h); and that the petitioner, before filing the
16petition, participated, or attempted to participate, in good faith in formal or informal
17mediation or other appropriate dispute resolution proceedings to resolve the dispute
18giving rise to the filing of the petition, the court shall issue an order requiring specific
19performance of the agreement. An order for specific performance shall be the sole
20remedy for any noncompliance with the agreement.
AB150,20,2321
(d) A court may not award damages, costs, or attorney fees or revoke a
22termination of parental rights order or an order of adoption because a party to a
23posttermination contact agreement fails to comply with the agreement.
AB150,21,8
24(6) Termination or modification of posttermination contact agreement. (a)
25The parties to an approved posttermination contact agreement may agree to
1terminate or modify the agreement. If the parties agree to terminate or modify the
2agreement and if the child, if 12 years of age or over, consents to the termination or
3modification, the parties shall sign and file with the court that approved the
4agreement the modified agreement or a stipulation terminating the agreement. If,
5after reviewing the stipulation or modified agreement, the court finds by clear and
6convincing evidence that termination or modification of the agreement would be in
7the best interests of the child in light of the factors specified in sub. (4) (h), the court
8shall, without a hearing, approve the termination or modification of the agreement.
AB150,21,179
(b) 1. Any party to an approved posttermination contact agreement may
10petition the court that approved the agreement to terminate or modify the
11agreement. The petition shall allege facts sufficient to show that termination or
12modification of the agreement would be in the best interests of the child in light of
13the factors specified in sub. (4) (h), or that there has been a substantial change in
14circumstances since the entry of the last order affecting the agreement, and that the
15petitioner, before filing the petition, participated, or attempted to participate, in good
16faith in formal or informal mediation or other appropriate dispute resolution
17proceedings to resolve the issue giving rise to the filing of the petition.
AB150,21,2418
2. The court shall set a date and time for a hearing on a petition under subd.
191. and shall provide notice of the hearing to the petitioner and to all other parties to
20the approved posttermination contact agreement, the agency that had guardianship,
21legal custody, or supervision of the child before the termination of parental rights,
22and, in the case of an Indian child, the Indian child's tribe. The hearing shall take
23place on a date that allows the persons notified of the hearing a reasonable time to
24prepare, but is no more than 30 days after the filing of the petition.
AB150,22,15
13. Notwithstanding s. 48.01 (1) (intro.) and (2), the court may terminate or
2modify the approved posttermination contact agreement if the court finds by clear
3and convincing evidence that termination or modification of the agreement would be
4in the best interests of the child in light of the factors specified in sub. (4) (h), or that
5there has been a substantial change in circumstances since the entry of the last order
6affecting the agreement, and that the petitioner, before filing the petition,
7participated, or attempted to participate, in good faith in formal or informal
8mediation or other appropriate dispute resolution proceedings to resolve the issue
9giving rise to the filing of the petition. An order to modify an approved
10posttermination contact agreement may limit, restrict, condition, or decrease
11visitation, contact, communication, or sharing of information between the child and
12a birth relative of the child, but may not expand, enlarge, or increase that visitation,
13contact, communication, or sharing of information or place any new obligation on the
14adoptive parent or agency having guardianship, legal custody, or supervision of the
15child.
Note: This Section creates a statutory section to govern posttermination contact
privileges, specifying who may enter into such an agreement, what must be included in
the agreement, the conditions for the juvenile court's approval of such an agreement, and
the procedures for enforcement, modification, or termination of such an agreement.
AB150,24
16Section
24. 48.43 (2) (d) of the statutes is created to read: