SB317,33
21Section
33. 48.275 (2) (d) 2. of the statutes is amended to read:
SB317,18,222
48.275
(2) (d) 2. In a county having a population of
500,000 750,000 or more,
23reimbursement payments shall be made to the clerk of courts of the county where the
24proceedings took place. Each payment shall be transmitted to the secretary of
25administration, who shall deposit the amount paid in the general fund and credit
125% of the amount paid to the appropriation account under s. 20.437 (1) (gx) and the
2remainder to the appropriation account under s. 20.550 (1) (L).
SB317,34
3Section
34. 48.295 (1) of the statutes is amended to read:
SB317,19,24
48.295
(1) After the filing of a petition and upon a finding by the court that
5reasonable cause exists to warrant a physical, psychological, mental, or
6developmental examination or an alcohol and other drug abuse assessment that
7conforms to the criteria specified under s. 48.547 (4), the court may order any child
8coming within its jurisdiction to be examined as an outpatient by personnel in an
9approved treatment facility for alcohol and other drug abuse, by a physician,
10psychiatrist or licensed psychologist, or by another expert appointed by the court
11holding at least a master's degree in social work or another related field of child
12development, in order that the child's physical, psychological, alcohol or other drug
13dependency, mental, or developmental condition may be considered. The court may
14also order a physical, psychological, mental, or developmental examination or an
15alcohol and other drug abuse assessment that conforms to the criteria specified
16under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for
17a child is at issue before the court or of an expectant mother whose ability to control
18her use of alcohol beverages, controlled substances, or controlled substance analogs
19is at issue before the court. The court shall hear any objections by the child or the
20child's parents, guardian, or legal custodian to the request for such an examination
21or assessment before ordering the examination or assessment. The expenses of an
22examination, if approved by the court, shall be paid by the county of the court
23ordering the examination in a county having a population of less than
500,000 24750,000 or by the department in a county having a population of
500,000 750,000 or
1more. The payment for an alcohol and other drug abuse assessment shall be in
2accordance with s. 48.361.
SB317,35
3Section
35. 48.30 (6) (c) of the statutes is amended to read:
SB317,19,194
48.30
(6) (c) If the court orders the child's parent to provide a statement of
5income, assets, debts and living expenses to the court or if the court orders the child's
6parent to provide that statement to the designated agency under s. 48.33 (1) and that
7designated agency is not the county department or, in a county having a population
8of
500,000 750,000 or more, the department, the court shall also order the child's
9parent to provide that statement to the county department or, in a county having a
10population of
500,000 750,000 or more, the department at least 5 days before the
11scheduled date of the dispositional hearing or as otherwise ordered by the court. The
12county department or, in a county having a population of
500,000 750,000 or more,
13the department shall provide, without charge, to the parent a form on which to
14provide that statement, and the parent shall provide that statement on that form.
15The county department or, in a county having a population of
500,000 750,000 or
16more, the department shall use the information provided in the statement to
17determine whether the department may claim federal foster care and adoption
18assistance reimbursement under
42 USC 670 to
679a for the cost of providing care
19for the child.
SB317,36
20Section
36. 48.31 (7) (c) of the statutes is amended to read:
SB317,20,1121
48.31
(7) (c) If the court orders the child's parent to provide a statement of
22income, assets, debts and living expenses to the court or if the court orders the child's
23parent to provide that statement to the designated agency under s. 48.33 (1) and that
24designated agency is not the county department or, in a county having a population
25of
500,000 750,000 or more, the department, the court shall also order the child's
1parent to provide that statement to the county department or, in a county having a
2population of
500,000 750,000 or more, the department at least 5 days before the
3scheduled date of the dispositional hearing or as otherwise ordered by the court. The
4county department or, in a county having a population of
500,000 750,000 or more,
5the department shall provide, without charge, to the parent a form on which to
6provide that statement, and the parent shall provide that statement on that form.
7The county department or, in a county having a population of
500,000 750,000 or
8more, the department shall use the information provided in the statement to
9determine whether the department may claim federal foster care and adoption
10assistance reimbursement under
42 USC 670 to
679a for the cost of providing care
11for the child.
SB317,37
12Section
37. 48.32 (1) (b) 1. b. of the statutes is amended to read:
SB317,20,1913
48.32
(1) (b) 1. b. A finding as to whether the county department, the
14department, in a county having a population of
500,000
750,000 or more, or the
15agency primarily responsible for providing services to the child has made reasonable
16efforts to prevent the removal of the child from the home, while assuring that the
17child's health and safety are the paramount concerns, unless the judge or circuit
18court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b)
191. to 5. applies.
SB317,38
20Section
38. 48.32 (1) (b) 1. d. of the statutes is amended to read:
SB317,21,221
48.32
(1) (b) 1. d. If the child's placement or other living arrangement is under
22the supervision of the county department or, in a county having a population of
23500,000 750,000 or more, the department, an order ordering the child into the
24placement and care responsibility of the county department or department as
1required under
42 USC 672 (a) (2) and assigning the county department or
2department primary responsibility for providing services to the child.
SB317,39
3Section
39. 48.32 (1) (b) 1m. of the statutes is amended to read:
SB317,21,164
48.32
(1) (b) 1m. If the child has one or more siblings, as defined in s. 48.38 (4)
5(br) 1., who have also been removed from the home, the consent decree shall include
6a finding as to whether the county department, department in a county having a
7population of
500,000 750,000 or more, or agency primarily responsible for providing
8services to the child has made reasonable efforts to place the child in a placement that
9enables the sibling group to remain together, unless the judge or circuit court
10commissioner determines that a joint placement would be contrary to the safety or
11well-being of the child or any of those siblings, in which case the judge or circuit court
12commissioner shall order the county department, department, or agency to make
13reasonable efforts to provide for frequent visitation or other ongoing interaction
14between the child and the siblings, unless the judge or circuit court commissioner
15determines that such visitation or interaction would be contrary to the safety or
16well-being of the child or any of those siblings.
SB317,40
17Section
40. 48.32 (1) (b) 2. of the statutes is amended to read:
SB317,21,2418
48.32
(1) (b) 2. If the judge or circuit court commissioner finds that any of the
19circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
20the consent decree shall include a determination that the county department,
21department, in a county having a population of
500,000
750,000 or more, or agency
22primarily responsible for providing services under the consent decree is not required
23to make reasonable efforts with respect to the parent to make it possible for the child
24to return safely to his or her home.
SB317,41
25Section
41. 48.33 (4) (c) of the statutes is amended to read:
SB317,22,11
148.33
(4) (c) Specific information showing that continued placement of the child
2in his or her home would be contrary to the welfare of the child, specific information
3showing that the county department, the department, in a county having a
4population of
500,000 750,000 or more, or the agency primarily responsible for
5providing services to the child has made reasonable efforts to prevent the removal
6of the child from the home, while assuring that the child's health and safety are the
7paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b)
81. to 5. applies, and, if a permanency plan has previously been prepared for the child,
9specific information showing that the county department, department, or agency has
10made reasonable efforts to achieve the permanency goal of the child's permanency
11plan, including, if appropriate, through an out-of-state placement.
SB317,42
12Section
42. 48.33 (4) (d) 1. of the statutes is amended to read:
SB317,22,2313
48.33
(4) (d) 1. If the child has one or more siblings, as defined in s. 48.38 (4)
14(br) 1., who have been removed from the home or for whom an out-of-home
15placement is recommended, specific information showing that the county
16department, department in a county having a population of
500,000 750,000 or more,
17or agency primarily responsible for providing services to the child has made
18reasonable efforts to place the child in a placement that enables the sibling group to
19remain together, unless the county department, department, or agency recommends
20that the child and his or her siblings not be placed in a joint placement, in which case
21the report shall include specific information showing that a joint placement would
22be contrary to the safety or well-being of the child or any of those siblings and the
23specific information required under subd. 2.
SB317,43
24Section
43. 48.335 (3g) (b) of the statutes is amended to read:
SB317,23,6
148.335
(3g) (b) That the county department, the department, in a county
2having a population of
500,000 750,000 or more, or the agency primarily responsible
3for providing services to the child has made reasonable efforts to prevent the removal
4of the child from the home, while assuring that the child's health and safety are the
5paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b)
61. to 5. applies.
SB317,44
7Section
44. 48.335 (6) of the statutes is amended to read:
SB317,23,168
48.335
(6) If the dispositional order places the child outside the home, the
9parent, if present at the hearing, shall be requested to provide the names and other
10identifying information of 3 relatives of the child or other individuals 18 years of age
11or over whose homes the parent requests the court to consider as placements for the
12child, unless that information has previously been provided under s. 48.21 (3) (f). If
13the parent does not provide that information at the hearing, the county department,
14the department in a county having a population of
500,000 750,000 or more, or the
15agency primarily responsible for providing services to the child under the
16dispositional order shall permit the parent to provide the information at a later date.
SB317,45
17Section
45. 48.345 (4) (b) of the statutes is amended to read:
SB317,23,1918
48.345
(4) (b) The county department in a county having a population of less
19than
500,000 750,000.
SB317,46
20Section
46. 48.345 (4) (bm) of the statutes is amended to read:
SB317,23,2221
48.345
(4) (bm) The department in a county having a population of
500,000 22750,000 or more.
SB317,47
23Section
47. 48.345 (12) (b) of the statutes is amended to read:
SB317,24,324
48.345
(12) (b) The judge shall order the school board to disclose the child's
25pupil records, as defined under s. 118.125 (1) (d), to the county department,
1department, in a county having a population of
500,000 750,000 or more, or licensed
2child welfare agency responsible for supervising the child, as necessary to determine
3the child's compliance with the order under par. (a).
SB317,48
4Section
48. 48.345 (12) (c) of the statutes is amended to read:
SB317,24,115
48.345
(12) (c) The judge shall order the county department, department, in
6a county having a population of
500,000 750,000 or more, or licensed child welfare
7agency responsible for supervising the child to disclose to the school board, technical
8college district board, tribal school, or private, nonprofit, nonsectarian agency which
9is providing an educational program under par. (a) 3. records or information about
10the child, as necessary to assure the provision of appropriate educational services
11under par. (a).
SB317,49
12Section
49. 48.345 (13) (a) of the statutes is amended to read:
SB317,24,2413
48.345
(13) (a) If the report prepared under s. 48.33 (1) recommends that the
14child is in need of treatment for the use or abuse of alcohol beverages, controlled
15substances or controlled substance analogs and its medical, personal, family or social
16effects, the court may order the child to enter an outpatient alcohol and other drug
17abuse treatment program at an approved treatment facility. The approved
18treatment facility shall, under the terms of a service agreement between the
19approved treatment facility and the county in a county having a population of less
20than
500,000 750,000 or the department in a county having a population of
500,000 21750,000 or more, or with the written informed consent of the child or the child's
22parent if the child has not attained the age of 12, report to the agency primarily
23responsible for providing services to the child as to whether the child is cooperating
24with the treatment and whether the treatment appears to be effective.
SB317,50
25Section
50. 48.345 (13) (b) of the statutes is amended to read:
SB317,25,11
148.345
(13) (b) If the report prepared under s. 48.33 (1) recommends that the
2child is in need of education relating to the use of alcohol beverages, controlled
3substances or controlled substance analogs, the court may order the child to
4participate in an alcohol or other drug abuse education program approved by the
5court. The person or agency that provides the education program shall, under the
6terms of a service agreement between the education program and the county in a
7county having a population of less than
500,000 750,000 or the department in a
8county having a population of
500,000 750,000 or more, or with the written informed
9consent of the child or the child's parent if the child has not attained the age of 12,
10report to the agency primarily responsible for providing services to the child about
11the child's attendance at the program.
SB317,51
12Section
51. 48.345 (14) (a) of the statutes is amended to read:
SB317,26,413
48.345
(14) (a) If, based on an evaluation under s. 48.295 and the report under
14s. 48.33, the judge finds that the child expectant mother of an unborn child in need
15of protection or services is in need of inpatient treatment for her habitual lack of
16self-control in the use of alcohol, controlled substances or controlled substance
17analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the
18child expectant mother's needs and that inpatient treatment is the least restrictive
19treatment consistent with the child expectant mother's needs, the judge may order
20the child expectant mother to enter an inpatient alcohol or other drug abuse
21treatment program at an inpatient facility, as defined in s. 51.01 (10). The inpatient
22facility shall, under the terms of a service agreement between the inpatient facility
23and the county in a county having a population of less than
500,000 750,000 or the
24department in a county having a population of
500,000
750,000 or more, or with the
25written and informed consent of the child expectant mother or the child expectant
1mother's parent if the child expectant mother has not attained the age of 12, report
2to the agency primarily responsible for providing services to the child expectant
3mother as to whether the child expectant mother is cooperating with the treatment
4and whether the treatment appears to be effective.
SB317,52
5Section
52. 48.347 (5) (a) of the statutes is amended to read:
SB317,26,186
48.347
(5) (a) If the report prepared under s. 48.33 (1) recommends that the
7adult expectant mother is in need of treatment for the use or abuse of alcohol
8beverages, controlled substances or controlled substance analogs and its medical,
9personal, family or social effects, the court may order the adult expectant mother to
10enter an outpatient alcohol and other drug abuse treatment program at an approved
11treatment facility. The approved treatment facility shall, under the terms of a service
12agreement between the approved treatment facility and the county in a county
13having a population of less than
500,000 750,000 or the department in a county
14having a population of
500,000 750,000 or more, or with the written informed consent
15of the adult expectant mother, report to the agency primarily responsible for
16providing services to the adult expectant mother as to whether the adult expectant
17mother is cooperating with the treatment and whether the treatment appears to be
18effective.
SB317,53
19Section
53. 48.347 (5) (b) of the statutes is amended to read:
SB317,27,520
48.347
(5) (b) If the report prepared under s. 48.33 (1) recommends that the
21adult expectant mother is in need of education relating to the use of alcohol
22beverages, controlled substances or controlled substance analogs, the court may
23order the adult expectant mother to participate in an alcohol or other drug abuse
24education program approved by the court. The person or agency that provides the
25education program shall, under the terms of a service agreement between the
1education program and the county in a county having a population of less than
2500,000 750,000 or the department in a county having a population of
500,000 3750,000 or more, or with the written informed consent of the adult expectant mother,
4report to the agency primarily responsible for providing services to the adult
5expectant mother about the adult expectant mother's attendance at the program.
SB317,54
6Section
54. 48.347 (6) (a) of the statutes is amended to read:
SB317,27,217
48.347
(6) (a) If, based on an evaluation under s. 48.295 and the report under
8s. 48.33, the judge finds that the adult expectant mother is in need of inpatient
9treatment for her habitual lack of self-control in the use of alcohol, controlled
10substances or controlled substance analogs, exhibited to a severe degree, that
11inpatient treatment is appropriate for the adult expectant mother's needs and that
12inpatient treatment is the least restrictive treatment consistent with the adult
13expectant mother's needs, the judge may order the adult expectant mother to enter
14an inpatient alcohol or other drug abuse treatment program at an inpatient facility,
15as defined in s. 51.01 (10). The inpatient facility shall, under the terms of a service
16agreement between the inpatient facility and the county in a county having a
17population of less than
500,000 750,000 or the department in a county having a
18population of
500,000 750,000 or more, or with the written and informed consent of
19the adult expectant mother, report to the agency primarily responsible for providing
20services to the adult expectant mother as to whether the adult expectant mother is
21cooperating with the treatment and whether the treatment appears to be effective.
SB317,55
22Section
55. 48.355 (2) (b) 4m. of the statutes is amended to read:
SB317,28,1123
48.355
(2) (b) 4m. If the child is placed outside the home and if the child's parent
24has not already provided a statement of income, assets, debts and living expenses to
25the county department or, in a county having a population of
500,000 750,000 or
1more, the department under s. 48.30 (6) (b) or (c) or 48.31 (7) (b) or (c), an order for
2the parent to provide that statement to the county department or, in a county having
3a population of
500,000 750,000 or more, the department by a date specified by the
4court. The county department or, in a county having a population of
500,000 750,000 5or more, the department shall provide, without charge, to the parent a form on which
6to provide that statement, and the parent shall provide that statement on that form.
7The county department or, in a county having a population of
500,000 750,000 or
8more, the department shall use the information provided in the statement to
9determine whether the department may claim federal foster care and adoption
10assistance reimbursement under
42 USC 670 to
679a for the cost of providing care
11for the child.
SB317,56
12Section
56. 48.355 (2) (b) 6. of the statutes is amended to read:
SB317,29,513
48.355
(2) (b) 6. If the child is placed outside the home, a finding that continued
14placement of the child in his or her home would be contrary to the welfare of the child,
15a finding as to whether the county department, the department, in a county having
16a population of
500,000 750,000 or more, or the agency primarily responsible for
17providing services under a court order has made reasonable efforts to prevent the
18removal of the child from the home, while assuring that the child's health and safety
19are the paramount concerns, unless the court finds that any of the circumstances
20specified in sub. (2d) (b) 1. to 5. applies, and, if a permanency plan has previously
21been prepared for the child, a finding as to whether the county department,
22department, or agency has made reasonable efforts to achieve the permanency goal
23of the child's permanency plan, including, if appropriate, through an out-of-state
24placement. The court shall make the findings specified in this subdivision on a
25case-by-case basis based on circumstances specific to the child and shall document
1or reference the specific information on which those findings are based in the court
2order. A court order that merely references this subdivision without documenting
3or referencing that specific information in the court order or an amended court order
4that retroactively corrects an earlier court order that does not comply with this
5subdivision is not sufficient to comply with this subdivision.
SB317,57
6Section
57. 48.355 (2) (b) 6g. of the statutes is amended to read:
SB317,29,127
48.355
(2) (b) 6g. If the child is placed outside the home under the supervision
8of the county department or, in a county having a population of
500,000 750,000 or
9more, the department, an order ordering the child into the placement and care
10responsibility of the county department or department as required under
42 USC
11672 (a) (2) and assigning the county department or department primary
12responsibility for providing services to the child.
SB317,58
13Section
58. 48.355 (2) (b) 6p. of the statutes is amended to read:
SB317,29,2514
48.355
(2) (b) 6p. If the child is placed outside the home and if the child has one
15or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been placed outside
16the home, a finding as to whether the county department, the department in a county
17having a population of
500,000 750,000 or more, or the agency primarily responsible
18for providing services under a court order has made reasonable efforts to place the
19child in a placement that enables the sibling group to remain together, unless the
20court determines that a joint placement would be contrary to the safety or well-being
21of the child or any of those siblings, in which case the court shall order the county
22department, department, or agency to make reasonable efforts to provide for
23frequent visitation or other ongoing interaction between the child and the siblings,
24unless the court determines that such visitation or interaction would be contrary to
25the safety or well-being of the child or any of those siblings.
SB317,59
1Section
59. 48.355 (2) (b) 6r. of the statutes is amended to read:
SB317,30,72
48.355
(2) (b) 6r. If the court finds that any of the circumstances specified in
3sub. (2d) (b) 1. to 5. applies with respect to a parent, a determination that the county
4department, department, in a county having a population of
500,000 750,000 or
5more, or agency primarily responsible for providing services under the court order
6is not required to make reasonable efforts with respect to the parent to make it
7possible for the child to return safely to his or her home.
SB317,60
8Section
60. 48.355 (2) (c) of the statutes is amended to read:
SB317,30,169
48.355
(2) (c) If school attendance is a condition of an order under par. (b) 7.,
10the order shall specify what constitutes a violation of the condition and shall direct
11the school board of the school district in which the child is enrolled or the governing
12body of the private school, as defined in s. 115.001 (3d), in which the child is enrolled,
13or shall request the governing body of the tribal school in which the child is enrolled,
14to notify the county department that is responsible for supervising the child or, in a
15county having a population of
500,000 750,000 or more, the department within 5
16days after any violation of the condition by the child.
SB317,61
17Section
61. 48.355 (2) (cm) 1. of the statutes is amended to read:
SB317,31,818
48.355
(2) (cm) 1. Subject to subd. 2., the court shall order the county
19department, the department in a county having a population of
500,000 750,000 or
20more, or the agency primarily responsible for providing services to the child under
21the dispositional order to conduct a diligent search in order to locate and provide
22notice of the information specified in s. 48.21 (5) (e) 2. a. to e. to all relatives of the
23child named under s. 48.335 (6) and to all adult relatives, as defined in s. 48.21 (5)
24(e) 1., of the child within 30 days after the child is removed from the custody of the
25child's parent unless the child is returned to his or her home within that period. The
1court may also order the county department, department, or agency to conduct a
2diligent search in order to locate and provide notice of that information to all other
3adult individuals named under s. 48.335 (6) within 30 days after the child is removed
4from the custody of the child's parent unless the child is returned to his or her home
5within that period. The county department, department, or agency may not provide
6that notice to a person named under s. 48.335 (6) or to an adult relative if the county
7department, department, or agency has reason to believe that it would be dangerous
8to the child or to the parent if the child were placed with that person or adult relative.
SB317,62
9Section
62. 48.355 (2b) (b) of the statutes is amended to read:
SB317,31,1710
48.355
(2b) (b) A county department, the department, in a county having a
11population of
500,000 750,000 or more, or the agency primarily responsible for
12providing services to a child under a court order shall determine, in accordance with
13standards established by the department, whether to engage in concurrent
14planning. If, according to those standards, concurrent planning is required, the
15county department, department, or agency shall engage in concurrent planning
16unless the court or permanency review panel determines under s. 48.38 (5) (c) 5m.
17that concurrent planning is inappropriate.
SB317,63
18Section
63. 48.355 (2c) (a) (intro.) of the statutes is amended to read:
SB317,31,2519
48.355
(2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as to
20whether the county department, the department, in a county having a population of
21500,000 750,000 or more, or the agency primarily responsible for providing services
22to the child under a court order has made reasonable efforts to prevent the removal
23of the child from his or her home, while assuring that the child's health and safety
24are the paramount concerns, the court's consideration of reasonable efforts shall
25include, but not be limited to, whether:
SB317,64
1Section
64. 48.355 (2c) (b) of the statutes is amended to read:
SB317,32,92
48.355
(2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether
3the county department, department, in a county having a population of
500,000 4750,000 or more, or agency primarily responsible for providing services to the child
5under a court order has made reasonable efforts to achieve the permanency goal of
6the permanency plan, the court's consideration of reasonable efforts shall include the
7considerations listed under par. (a) 1. to 5. and whether visitation schedules between
8the child and his or her parents were implemented, unless visitation was denied or
9limited by the court.
SB317,65
10Section
65. 48.355 (2d) (b) (intro.) of the statutes is amended to read:
SB317,32,2011
48.355
(2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the court is not required
12to include in a dispositional order a finding as to whether the county department, the
13department, in a county having a population of
500,000
750,000 or more, or the
14agency primarily responsible for providing services under a court order has made
15reasonable efforts with respect to a parent of a child to prevent the removal of the
16child from the home, while assuring that the child's health and safety are the
17paramount concerns, or a finding as to whether the county department, department,
18or agency has made reasonable efforts with respect to a parent of a child to achieve
19the permanency goal of returning the child safely to his or her home, if the court finds
20any of the following:
SB317,66
21Section
66. 48.357 (1) (c) 2m. of the statutes is amended to read:
SB317,33,722
48.357
(1) (c) 2m. If the court changes the child's placement from a placement
23in the child's home to a placement outside the child's home, the parent, if present at
24the hearing, shall be requested to provide the names and other identifying
25information of 3 relatives of the child or other individuals 18 years of age or over
1whose homes the parent requests the court to consider as placements for the child,
2unless that information has previously been provided under this subdivision, sub.
3(2m) (bm), or s. 48.21 (3) (f) or 48.335 (6). If the parent does not provide that
4information at the hearing, the county department, the department in a county
5having a population of
500,000 750,000 or more, or the agency primarily responsible
6for implementing the dispositional order shall permit the parent to provide the
7information at a later date.
SB317,67
8Section
67. 48.357 (2m) (bm) of the statutes is amended to read:
SB317,33,199
48.357
(2m) (bm) If the court changes the child's placement from a placement
10in the child's home to a placement outside the child's home, the parent, if present at
11the hearing, shall be requested to provide the names and other identifying
12information of 3 relatives of the child or other individuals 18 years of age or over
13whose homes the parent requests the court to consider as placements for the child,
14unless that information has previously been provided under this paragraph, sub. (1)
15(c) 2m., or s. 48.21 (3) (f) or 48.335 (6). If the parent does not provide that information
16at the hearing, the county department, the department in a county having a
17population of
500,000 750,000 or more, or the agency primarily responsible for
18implementing the dispositional order shall permit the parent to provide the
19information at a later date.
SB317,68
20Section
68. 48.357 (2v) (a) 1m. of the statutes is amended to read:
SB317,34,421
48.357
(2v) (a) 1m. If the change in placement order changes the placement of
22a child who is under the supervision of the county department or, in a county having
23a population of
500,000 750,000 or more, the department to a placement outside the
24child's home, whether from a placement in the home or from another placement
25outside the home, an order ordering the child into, or to be continued in, the
1placement and care responsibility of the county department or department as
2required under
42 USC 672 (a) (2) and assigning the county department or
3department primary responsibility, or continued primary responsibility, for
4providing services to the child.
SB317,69
5Section
69. 48.357 (2v) (a) 2m. of the statutes is amended to read:
SB317,34,186
48.357
(2v) (a) 2m. If the child has one or more siblings, as defined in s. 48.38
7(4) (br) 1., who have been placed outside the home or for whom a change in placement
8to a placement outside the home is requested, a finding as to whether the county
9department, the department in a county having a population of
500,000 750,000 or
10more, or the agency primarily responsible for implementing the dispositional order
11has made reasonable efforts to place the child in a placement that enables the sibling
12group to remain together, unless the court determines that a joint placement would
13be contrary to the safety or well-being of the child or any of those siblings, in which
14case the court shall order the county department, department, or agency to make
15reasonable efforts to provide for frequent visitation or other ongoing interaction
16between the child and the siblings, unless the court determines that such visitation
17or interaction would be contrary to the safety or well-being of the child or any of those
18siblings.
SB317,70
19Section
70. 48.357 (2v) (d) 1. of the statutes is amended to read:
SB317,35,1120
48.357
(2v) (d) 1. Subject to subd. 2., the court shall order the county
21department, the department in a county having a population of
500,000 750,000 or
22more, or the agency primarily responsible for implementing the dispositional order
23to conduct a diligent search in order to locate and provide notice of the information
24specified in s. 48.21 (5) (e) 2. a. to e. to all relatives of the child named under sub. (1)
25(c) 2m. or (2m) (bm) and to all adult relatives, as defined in s. 48.21 (5) (e) 1., of the
1child within 30 days after the child is removed from the custody of the child's parent
2unless the child is returned to his or her home within that period. The court may also
3order the county department, department, or agency to conduct a diligent search in
4order to locate and provide notice of that information to all other adult individuals
5named under sub. (1) (c) 2m. or (2m) (bm) within 30 days after the child is removed
6from the custody of the child's parent unless the child is returned to his or her home
7within that period. The county department, department, or agency may not provide
8that notice to a person named under sub. (1) (c) 2m. or (2m) (bm) or to an adult
9relative if the county department, department, or agency has reason to believe that
10it would be dangerous to the child or to the parent if the child were placed with that
11person or adult relative.
SB317,71
12Section
71. 48.357 (5m) (b) of the statutes is amended to read:
SB317,36,213
48.357
(5m) (b) If the court orders the child's parent to provide a statement of
14income, assets, debts and living expenses to the court or if the court orders the child's
15parent to provide that statement to the person or agency primarily responsible for
16implementing the dispositional order and that person or agency is not the county
17department or, in a county having a population of
500,000 750,000 or more, the
18department, the court shall also order the child's parent to provide that statement
19to the county department or, in a county having a population of
500,000 750,000 or
20more, the department by a date specified by the court. The county department or,
21in a county having a population of
500,000 750,000 or more, the department shall
22provide, without charge, to the parent a form on which to provide that statement, and
23the parent shall provide that statement on that form. The county department or, in
24a county having a population of
500,000 750,000 or more, the department shall use
25the information provided in the statement to determine whether the department
1may claim federal foster care and adoption assistance reimbursement under
42 USC
2670 to
679a for the cost of providing care for the child.
SB317,72
3Section
72. 48.36 (2) of the statutes is amended to read:
SB317,36,134
48.36
(2) If an expectant mother or a child whose legal custody has not been
5taken from a parent or guardian is given educational and social services, or medical,
6psychological or psychiatric treatment by order of the court, the cost of those services
7or that treatment, if ordered by the court, shall be a charge upon the county in a
8county having a population of less than
500,000 750,000 or the department in a
9county having a population of
500,000 750,000 or more. This section does not prevent
10recovery of reasonable contribution toward the costs from the parent or guardian of
11the child or from an adult expectant mother as the court may order based on the
12ability of the parent, guardian or adult expectant mother to pay. This subsection
13shall be subject to s. 49.32 (1).
SB317,73
14Section
73. 48.363 (1) (d) of the statutes is amended to read:
SB317,37,415
48.363
(1) (d) If the court orders the child's parent to provide a statement of
16income, assets, debts and living expenses to the court or if the court orders the child's
17parent to provide that statement to the person or agency primarily responsible for
18implementing the dispositional order and that person or agency is not the county
19department or, in a county having a population of
500,000 750,000 or more, the
20department, the court shall also order the child's parent to provide that statement
21to the county department or, in a county having a population of
500,000 750,000 or
22more, the department by a date specified by the court. The county department or,
23in a county having a population of
500,000 750,000 or more, the department shall
24provide, without charge, to the parent a form on which to provide that statement, and
25the parent shall provide that statement on that form. The county department or, in
1a county having a population of
500,000 750,000 or more, the department shall use
2the information provided in the statement to determine whether the department
3may claim federal foster care and adoption assistance reimbursement under
42 USC
4670 to
679a for the cost of providing care for the child.
SB317,74
5Section
74. 48.38 (5) (am) of the statutes is amended to read:
SB317,37,136
48.38
(5) (am) The court may appoint an independent agency to designate a
7panel to conduct a permanency review under par. (a). If the court in a county having
8a population of less than
500,000 750,000 appoints an independent agency under this
9paragraph, the county department of the county of the court shall authorize and
10contract for the purchase of services from the independent agency. If the court in a
11county having a population of
500,000 750,000 or more appoints an independent
12agency under this paragraph, the department shall authorize and contract for the
13purchase of services from the independent agency.
SB317,75
14Section
75. 48.428 (2) (a) of the statutes is amended to read:
SB317,38,215
48.428
(2) (a) Except as provided in par. (b), when a court places a child in
16sustaining care after an order under s. 48.427 (4), the court shall transfer legal
17custody of the child to the county department, the department in a county having a
18population of
500,000 750,000 or more, or a licensed child welfare agency, transfer
19guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am), and
20place the child in the home of a licensed foster parent or kinship care relative with
21whom the child has resided for 6 months or longer. In placing an Indian child in
22sustaining care, the court shall comply with the order of placement preference under
23s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause,
24as described in s. 48.028 (7) (e), for departing from that order. Pursuant to the
1placement, that licensed foster parent or kinship care relative shall be a sustaining
2parent with the powers and duties specified in sub. (3).
SB317,76
3Section
76. 48.428 (2) (b) of the statutes is amended to read:
SB317,38,184
48.428
(2) (b) When a court places a child in sustaining care after an order
5under s. 48.427 (4) with a person who has been appointed as the guardian of the child
6under s. 48.977 (2), the court may transfer legal custody of the child to the county
7department, the department in a county having a population of
500,000 750,000 or
8more, or a licensed child welfare agency, transfer guardianship of the child to an
9agency listed in s. 48.427 (3m) (a) 1. to 4. or (am), and place the child in the home of
10a licensed foster parent or kinship care relative with whom the child has resided for
116 months or longer. In placing an Indian child in sustaining care, the court shall
12comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable,
13s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e),
14for departing from that order. Pursuant to the placement, that licensed foster parent
15or kinship care relative shall be a sustaining parent with the powers and duties
16specified in sub. (3). If the court transfers guardianship of the child to an agency
17listed in s. 48.427 (3m) (a) 1. to 4. or (am), the court shall terminate the guardianship
18under s. 48.977.
SB317,77
19Section
77. 48.545 (2) (a) (intro.) of the statutes is amended to read: