LRB-1030/1
GMM&EHS:cjs:rs
2015 - 2016 LEGISLATURE
February 17, 2015 - Introduced by
Joint Legislative Council. Referred to
Committee on Children and Families.
AB42,1,11
1An Act to renumber and amend 48.981 (9) (a) and 48.981 (9) (b);
to amend
248.245 (3), 48.255 (1) (a), 48.42 (1) (a), 48.63 (1) (c), 48.977 (4) (b) 1., 48.979 (1m)
3(a) 1., 48.981 (9) (title), 49.32 (1) (a), 54.34 (1) (a), 938.245 (3) and 938.255 (1)
4(a); and
to create 48.47 (8) (b) and (c) of the statutes;
relating to: including a
5statement as to whether a child has been adopted in a petition for a proceeding
6under the Children's Code or Juvenile Justice Code, in a petition for
7guardianship of a minor, in an informal disposition under the Children's Code
8or the Juvenile Justice Code, or in a voluntary out-of-home care agreement
9under the Children's Code, and requiring an annual report to the governor and
10the legislature on children who enter out-of-home care after they have been
11adopted or placed under a guardianship.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
For further information see the state 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:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Study Committee on Adoption Disruption and Dissolution.
Under current law, information regarding a child who enters the child welfare
system is recorded into the Wisconsin Statewide Automated Child Welfare Information
System (eWiSACWIS). The system maintains information on all aspects of a child
welfare case, including intake, assessment, case management, and court proceedings.
Generally, information on whether a child is adopted is not recorded. However, federal
law requires a report to the U.S. Department of Health and Human Services,
Administration for Children and Families, on children who entered state custody after
being adopted from another country, and, under the newly-enacted Preventing Sex
Trafficking and Strengthening Families Act of 2014, will require reporting on all children
who entered state custody after being adopted.
This bill requires certain petitions and agreements related to the welfare of a child
to state whether the child has previously been adopted. This information is required in
all cases in which the adoption status is known or can be ascertained, and is required
whether the adoption occurred in the United States or another country. The status
information then becomes a part of the child's case record, to track when a child who has
previously been adopted is subject to proceedings under the child welfare system or
juvenile justice system, or when an adoption is dissolved by a termination of parental
rights. Recording of a child's adoption status is not required for a child or juvenile who
is held in custody for less than 48 hours (excluding weekends and legal holidays) and who
is released to the parent, guardian, or legal custodian without a hearing.
This bill also requires the Department of Children and Families (DCF) to submit
an annual report to the governor and the legislature, beginning on December 31, 2017,
regarding the number of children who have previously been adopted or placed under
guardianship who enter out-of-home care in the child welfare or juvenile justice system
during the preceding calendar year. For each child enumerated in the report, the report
may include information on the circumstances of the child's adoption or guardianship,
and any other aspects associated with the child in order to better understand why
children enter the child welfare or juvenile justice system after finalization of an adoption
or guardianship.
AB42,1
1Section
1. 48.245 (3) of the statutes is amended to read:
AB42,3,22
48.245
(3) The obligations imposed under an informal disposition and its
3effective date shall be set forth in writing.
The written agreement shall state
4whether the child has been adopted. The child and a parent, guardian, and legal
5custodian; the child expectant mother, her parent, guardian, and legal custodian,
6and the unborn child's guardian ad litem; or the adult expectant mother and the
1unborn child's guardian ad litem, shall receive a copy, as shall any agency providing
2services under the agreement.
Note: This Section requires a written agreement for an informal disposition to
state whether the child has been adopted. Obligations under an informal disposition may
be imposed in lieu of the filing of a petition for a child who is alleged to be in need of
protection or services.
AB42,2
3Section
2. 48.255 (1) (a) of the statutes is amended to read:
AB42,3,54
48.255
(1) (a) The name, birth date
, and address of the child
and whether the
5child has been adopted.
Note: This Section requires a petition for a child alleged to be in need of protection
or services to state whether the child has been adopted.
AB42,3
6Section
3. 48.42 (1) (a) of the statutes is amended to read:
AB42,3,87
48.42
(1) (a) The name, birth date or anticipated birth date, and address of the
8child
and whether the child has been adopted.
Note: This Section requires a petition for termination of parental rights to state
whether the child has been adopted.
AB42,4
9Section
4
. 48.47 (8) (b) and (c) of the statutes are created to read:
AB42,3,1210
48.47
(8) (b) The number of adoptions under the special needs adoption
11program granted in the preceding calendar year and the costs to the state for services
12relating to those adoptions.
AB42,4,213
(c) The number of children during the preceding calendar year who entered
14out-of-home care under the placement and care responsibility of a county
15department or the department under ch. 48 or 938 after finalization of an adoption
16or guardianship. For each child enumerated in the report, the report may include
17information concerning the length of the adoption or guardianship, the age of the
18child at the time of the adoption or guardianship, the age at which the child entered
19out-of-home care, the type of agency involved in making the adoptive or
20guardianship placement, and any other information determined necessary to better
1understand factors associated with a child entering out-of-home care after
2finalization of an adoption or guardianship.
Note: This Section incorporates an annual reporting provision currently required
under s. 49.32 (1) (a), stats. This Section also requires DCF to submit an annual report
to the governor and the legislature regarding the number of children who have previously
been adopted or who enter out-of-home care in the child welfare or juvenile justice
system during the preceding calendar year. For each child enumerated in the report, the
report may include information on the circumstances of the child's adoption or
guardianship, and any other aspects associated with the child in order to better
understand why children enter the child welfare or juvenile justice system after
finalization of an adoption or guardianship.
AB42,5
3Section
5. 48.63 (1) (c) of the statutes is amended to read:
AB42,4,124
48.63
(1) (c) Voluntary agreements may be made only under par. (a) or (b) or
5sub. (5) (b), shall be in writing,
shall state whether the child has been adopted, and
6shall specifically state that the agreement may be terminated at any time by the
7parent, guardian, or Indian custodian or by the child if the child's consent to the
8agreement is required. In the case of an Indian child who is placed under par. (a) or
9(b) by the voluntary agreement of the Indian child's parent or Indian custodian, the
10voluntary consent of the parent or Indian custodian to the placement shall be given
11as provided in s. 48.028 (5) (a). The child's consent to an agreement under par. (a)
12or (b) is required whenever the child is 12 years of age or older.
Note: This Section requires a written agreement for voluntary placement of a
child in a foster home, group home, or a shelter care facility to state whether the child has
been adopted.
AB42,6
13Section
6. 48.977 (4) (b) 1. of the statutes is amended to read:
AB42,4,1514
48.977
(4) (b) 1. The name, birth date
, and address of the child
and whether
15the child has been adopted.
Note: This Section requires a petition for appointment of a guardian for a child
or juvenile who has been found to be in need of protection or services to state whether the
child or juvenile has been adopted.
AB42,7
16Section
7. 48.979 (1m) (a) 1. of the statutes is amended to read:
AB42,5,2
148.979
(1m) (a) 1. The name, address, and date of birth of the child who is the
2subject of the delegation of powers
and whether the child has been adopted.
Note: This Section requires a petition for court approval of a delegation of
parental powers to an agent who is not a relative of the child for longer than one year to
state whether the child has been adopted.
AB42,8
3Section
8. 48.981 (9) (title) of the statutes is amended to read:
AB42,5,44
48.981
(9) (title)
Annual and quarterly Quarterly reports.
Note: This Section amends the title to s. 48.981 (9) to reflect the renumbering of
s. 48.981 (9) (a) by the next Section of this bill.
AB42,9
5Section
9. 48.981 (9) (a) of the statutes is renumbered 48.47 (8) (intro.) and
6amended to read:
AB42,5,97
48.47
(8) Annual reports. (intro.) Annually, the department shall prepare and
8transmit to the governor, and to the legislature under s. 13.172 (2), a report on
the 9all of the following:
AB42,5,16
10(a) The status of child abuse and neglect programs and on the status of unborn
11child abuse programs. The report shall include a full statistical analysis of the child
12abuse and neglect reports, and the unborn child abuse reports, made through the last
13calendar year, an evaluation of services offered under this section and their
14effectiveness, and recommendations for additional legislative and other action to
15fulfill the purpose of this section. The department shall provide statistical
16breakdowns by county, if requested by a county.
AB42,10
17Section
10. 48.981 (9) (b) of the statutes is renumbered 48.981 (9) and
18amended to read:
AB42,6,1219
48.981
(9) Quarterly reports. (a) Within 30 days after the end of each calendar
20quarter, the department shall prepare and transmit to the governor, and to the
21appropriate standing committees of the legislature under s. 13.172 (3), a summary
22report of all reports received by the department under sub. (3) (c) 8. during the
1previous calendar quarter of abuse, as defined in s. 48.02 (1) (b) to (f), of a child who
2is placed in the home of a foster parent or relative other than a parent or in a group
3home, shelter care facility, or residential care center for children and youth. For each
4report included in the summary report
, the department shall provide the number of
5incidents of abuse reported; the dates of those incidents; the county in which those
6incidents occurred; the age or age group of the child who is the subject of the report;
7the type of placement in which the child was placed at the time of the incident;
8whether it was determined under sub. (3) (c) 4. that abuse occurred; and, if so, the
9nature of the relationship between the child and the person who abused the child,
10but may not provide any of the information specified in sub. (7) (cr) 6. or any
11information that would jeopardize an investigation, prosecution, or proceeding
12described in sub. (7) (cr) 7. a. or b.
AB42,6,2213
(b) In every 4th summary report prepared and transmitted under
subd. 1. par.
14(a), the department shall provide for all reports of abuse, as defined in s. 48.02 (1) (b)
15to (f), of a child who is placed as described in
subd. 1. par. (a) received by the
16department under sub. (3) (c) 8. during the previous year information indicating
17whether the abuse resulted in any injury, disease, or pregnancy that is known to be
18directly caused by the abuse, but may not provide any of the information specified
19in sub. (7) (cr) 6. or any information that would jeopardize an investigation,
20prosecution, or proceeding described in sub. (7) (cr) 7. a. or b. A county department
21reporting under sub. (3) (c) 8. shall make an active effort to obtain that information
22and report the information to the department under sub. (3) (c) 8.
AB42,7,223
(c) The appropriate standing committees of the legislature shall review all
24summary reports transmitted under
subd. 1. par. (a), conduct public hearings on
25those summary reports no less often than annually, and submit recommendations to
1the department regarding those summary reports. The department shall also make
2those summary reports available to the public.
Note: The preceding two Sections revises the structure of a provision that requires
DCF to provide an annual report to the governor and the legislature in order to
incorporate other annual reports that DCF is required to provide.
AB42,11
3Section
11. 49.32 (1) (a) of the statutes is amended to read:
AB42,7,144
49.32
(1) (a) Except as provided in s. 49.345 (14) (b) and (c), the department
5shall establish a uniform system of fees for services provided or purchased under this
6subchapter and ch. 48 by the department, or a county department under s. 46.215,
746.22, or 46.23, except as provided in s. 49.22 (6) and except when, as determined by
8the department, a fee is administratively unfeasible or would significantly prevent
9accomplishing the purpose of the service. A county department under s. 46.215,
1046.22
, or 46.23 shall apply the fees that it collects under this program to cover the
11cost of those services.
The department shall report to the joint committee on finance
12no later than March 1 of each year on the number of children placed for adoption by
13the department during the previous year and the costs to the state for services
14relating to such adoptions.
Note: This Section deletes an annual reporting provision that is incorporated into
Section 4 of this bill.
AB42,12
15Section
12. 54.34 (1) (a) of the statutes is amended to read:
AB42,7,1816
54.34
(1) (a) The name, date of birth, residence
, and post-office address of the
17proposed ward
and, if the proposed ward is a minor, whether the minor has been
18adopted.
Note: This Section requires a petition for appointment of a guardian of a minor
under the general guardianship provisions to state whether the child has been adopted.