1995 Wisconsin Act 275

275,53 Section 53 . 48.31 (4) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.31 (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13 or 48.42, except that the court shall make findings of fact relating to whether the child is in need of protection or services which can be ordered by the court. In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court shall not find that the child is suffering serious emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection and or services under s. 48.13 (11m), the court shall not find that the child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages or controlled substances and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility.

275,53m Section 53m. 48.355 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.355 (1) Intent. In any order under s. 48.345 the judge shall decide on a placement and treatment finding based on evidence submitted to the judge. The disposition shall employ those means necessary to maintain and protect the child's well-being which are the least restrictive of the rights of the parent or child and which assure the care, treatment or rehabilitation of the child and the family, consistent with the protection of the public. Wherever possible Whenever appropriate, and, in cases of child abuse and neglect, when it is consistent with the child's best interest in terms of physical safety and physical health the family unit shall be preserved and there shall be a policy of transferring custody from the parent only where there is no less drastic alternative. If there is no less drastic alternative than transferring custody from the parent, the judge shall consider transferring custody to a relative whenever possible.

275,54 Section 54 . 48.356 (1) and (2) of the statutes are amended to read:

48.356 (1) Whenever the court orders a child to be placed outside his or her home or denies a parent visitation because the child has been adjudged to be in need of protection or services under s. 48.345, 48.357, 48.363 or 48.365, the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the child to be returned to the home or for the parent to be granted visitation.

(2) In addition to the notice required under sub. (1), any written order which places a child outside the home or denies visitation under sub. (1) shall notify the parent or parents of the information specified under sub. (1).

Note: Expands the duties of a court assigned to exercise jurisdiction under the children's code (juvenile court) to provide that when a juvenile court denies visitation under an order under s. 48.345, stats., (CHIPS dispositional order), 48.357, stats., (change in placement order), 48.363, stats., (revision of dispositional order) or 48.365, stats., (extension of dispositional order), the juvenile court must orally inform the parent or parents who appear in court and include in any written order denying visitation notification of the following: (1) any grounds for involuntary TPR that may be applicable; and (2) the conditions necessary for the parent to be granted visitation.

275,55 Section 55 . 48.357 (1) and (2m) of the statutes are amended to read:

48.357 (1) The person or agency primarily responsible for implementing the dispositional order, the district attorney or the corporation counsel may request a change in the placement of the child, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the child or the child's counsel or guardian ad litem, parent, foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), guardian and legal custodian. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the specific foster or treatment foster placement under s. 48.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days of receipt of the notice. Placements shall not be changed until 10 days after such notice is sent to the court unless the parent, guardian or legal custodian and the child, if 12 or more years of age, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order. If a hearing is held under this subsection and the change in placement would remove a child from a foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit the foster parent may, treatment foster parent or other physical custodian described in s. 48.62 (2) to make a written or oral statement during the hearing or to submit a written statement prior to the hearing, relating to the child and the requested change in placement.

(2m) The child, the parent, guardian, or legal custodian of the child or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which affects the advisability of the current placement. This request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion. The court shall hold a hearing on the matter prior to ordering any change in placement under this subsection if the request states that new information is available which affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) and the court approves. If a hearing is scheduled, the court shall notify the child, the parent, foster parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child and all parties who are bound by the dispositional order at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all the parties consent, the court may proceed immediately with the hearing. If a hearing is held under this subsection and the change in placement would remove a child from a foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit the foster parent may, treatment foster parent or other physical custodian described in s. 48.62 (2) to make a written or oral statement during the hearing or to submit a written statement prior to the hearing, relating to the child and the requested change in placement.

275,56 Section 56 . 48.361 (2) (a) 1. of the statutes is amended to read:

48.361 (2) (a) 1. If a child's parent neglects, refuses or is unable to provide or refuses to provide court-ordered alcohol and other drug abuse services for the child through his or her health insurance or other 3rd-party payments, notwithstanding s. 48.36 (3), the judge may order the parent to pay for the court-ordered alcohol and drug abuse services. If the parent consents to provide court-ordered alcohol and other drug abuse services for a child through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered alcohol and other drug abuse services the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other drug abuse services in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.

Note: Provides that, with respect to court-ordered alcohol and other drug abuse services for a child, a judge may order the parent to pay for such services if the child's parent neglects, refuses or is unable to provide such services through his or her health insurance or other 3rd-party payments rather than if the child's parent refuses or is unable to do so.

275,57 Section 57 . 48.362 (3) of the statutes is amended to read:

48.362 (3) If a child's parent neglects, refuses or is unable to provide or refuses to provide court-ordered special treatment or care for the child through his or her health insurance or other 3rd-party payments, notwithstanding s. 48.36 (3), the judge may order the parent to pay for the court-ordered special treatment or care. If the parent consents to provide court-ordered special treatment or care for a child through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the judge may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.

Note: Provides that, with respect to court-ordered special treatment or care for a child, a judge may order the parent to pay for such services if the child's parent neglects, refuses or is unable to provide such services through his or her health insurance or other 3rd-party payments rather than if the child's parent refuses or is unable to do so.

275,58 Section 58 . 48.363 (1) of the statutes is amended to read:

48.363 (1) A child, the child's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the parent, child, the child's parent, guardian and legal custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department under s. 46.25 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.

Note: Revises s. 48.363 (1), stats., relating to revision of a child's dispositional order that does not involve a change in placement, to require the juvenile court, if a hearing on the revision is held, to notify the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), stats., at least 3 days prior to the revision hearing. Current law requires only the child's parent, the child, the child's guardian, the child's legal custodian, all parties bound by the dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered to be so notified.

275,58m Section 58m. 48.363 (1m) of the statutes is created to read:

48.363 (1m) If a hearing is held under sub. (1), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall permit a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of revision.

275,59 Section 59 . 48.365 (2) of the statutes is amended to read:

48.365 (2) No order may be extended without a hearing. The court shall notify the child or the child's guardian ad litem or counsel, the child's parent, guardian, legal custodian, all the parties present at the original hearing, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered of the time and place of the hearing.

Note: Revises s. 48.365 (2), stats., relating to extension of dispositional orders, to require the juvenile court to notify the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), stats., of the time and place of the hearing. Under current law (which requires a hearing before an extension may be ordered), the juvenile court is required to provide notice of an extension hearing to the child or the child's guardian ad litem or counsel, the child's parent, guardian and legal custodian, all parties present at the original dispositional hearing and the district attorney and corporation counsel in the county in which the dispositional order was entered.

275,60 Section 60 . 48.365 (2m) (ag) of the statutes is created to read:

48.365 (2m) (ag) In addition to any evidence presented under par. (a), the court shall permit a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension.

Note: Creates s. 48.365 (2m) (ag), stats., to permit a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), stats., to make a written or oral statement during an extension hearing, or to submit a written statement prior to an extension hearing, relevant to the issue of extension of a dispositional order.

275,61 Section 61 . 48.368 of the statutes is renumbered 48.368 (1).

275,62 Section 62 . 48.368 (2) of the statutes is created to read:

48.368 (2) If a child's placement with a guardian appointed under s. 48.977 (2) is designated by the court under s. 48.977 (3) as a permanent foster home or treatment foster home placement for the child while a dispositional order under s. 48.345, a revision order under s. 48.363 or an extension order under s. 48.365 is in effect with respect to the child, such dispositional order, revision order or extension order shall remain in effect until the earliest of the following:

(a) Thirty days after the guardianship terminates under s. 48.977 (7).

(b) A court enters a change in placement order under s. 48.357.

  (c) A court order terminates such dispositional order, revision order or extension order.

(d) The child attains the age of 18 years.

275,63 Section 63 . 48.371 (intro.) (except 48.371 (title)) of the statutes is repealed.

275,64 Section 64 . 48.371 (1) and (2) of the statutes are renumbered 48.371 (1) (a) and (b) and amended to read:

48.371 (1) (a) Results of a test or a series of tests of the child to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, if the child's parent or a temporary or permanent guardian appointed by the court has consented to the test under s. 252.15 (2) (a) 4. b. and release of the test results as provided under s. 252.15 (5) (a) 19. and, including results included in a court report or permanency plan. At the time that the test results are provided, the agency directed to prepare the permanency plan notifies shall notify the foster parent , treatment foster parent or operator of the group home or child caring institution of the confidentiality requirements under s. 252.15 (6).

(b) Results of any tests of the child to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent or operator of a group home or child caring institution receiving information under this subsection paragraph shall keep the information confidential.

275,65 Section 65 . 48.371 (1) (intro.) of the statutes is created to read:

48.371 (1) (intro.) If a child is placed in a foster home, treatment foster home, group home or child caring institution, including a placement under s. 48.205 or 48.21, the agency, as defined in s. 48.38 (1) (a), that placed the child or arranged for the placement of the child shall provide the following information to the foster parent, treatment foster parent or operator of the group home or child caring institution at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

275,66 Section 66 . 48.371 (3) of the statutes is amended to read:

48.371 (3) Findings At the time of placement of a child in a foster home, treatment foster home, group home or child caring institution or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, treatment foster parent or operator of the group home or child caring institution information contained in the court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2) or 48.837 (4) (c) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or 48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any mental, emotional, cognitive, developmental or behavioral disability of the child. The foster parent, treatment foster parent or operator of a group home or child caring institution receiving information under this subsection shall keep the information confidential.

Note: Amends current law as follows:

1. By additionally providing for disclosure of the information required to be disclosed under s. 48.371, stats., regarding children placed in a treatment foster home.

2. By additionally providing for disclosure of the information required to be disclosed under s. 48.371, stats., regarding children placed in substitute care under other circumstances under ch. 48, stats., such as children placed in substitute care under a voluntary agreement under s. 48.63, stats., children in an adoptive placement in a foster home or treatment foster home, children placed in substitute care pending a termination of parental rights dispositional hearing or children held in physical custody under s. 48.205, stats., or continued in physical custody under s. 48.21, stats., rather than restricting disclosure to cases in which children have been placed in substitute care by a CHIPS dispositional order or a change in placement order.

3. By providing for disclosure of HIV test results to the foster parent, treatment foster parent or operator of the group home or CCI without the consent of the child or the child's parent or guardian.

4. By requiring the agency that placed the child or arranged for the placement of the child with the substitute care provider to provide HIV and hepatitis B test results to the substitute care provider rather than requiring the agency that prepared the child's court report or permanency plan to do so.

5. By requiring that, at the time the agency provides the HIV test results to the foster parent, treatment foster parent or operator of the group home or CCI, the agency notify the substitute care provider about the confidentiality requirements under s. 252.15 (6), stats.

6. With respect to the disclosure of HIV and hepatitis B test results, by requiring disclosure not at the time a child is placed in substitute care, or within 30 days after the date of the placement if the information was not available at the time of placement, but rather at the time of placement and, if information is subsequently received, as soon as possible, but not later than 2 working days after the agency receives such information.

7. With respect to the disclosure of information in the court report or permanency plan relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to the mental, emotional, cognitive, developmental or behavioral disability of the child, by requiring disclosure not at the time a child is placed in such substitute care, or within 30 days after the date of the placement if the information was not available at the time of placement, but rather at the time of placement or, if the information is not available at that time, as soon as possible after the court report or permanency plan has been submitted, but not later than 7 days after such date.

275,67 Section 67 . 48.375 (4) (b) 3. of the statutes is amended to read:

48.375 (4) (b) 3. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, that a parent who has legal custody of the minor, or the minor's guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or a foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, has abused, as defined in s. 48.981 (1) (a), inflicted abuse on the minor. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record. The person who intends to perform or induce the abortion shall report the abuse as required under s. 48.981 (2).

Note: Reflects the creation of a definition of “abuse" in the general definitions section of ch. 48, stats., (s. 48.02 (1), stats., as created by this bill).

275,67g Section 67g. 48.38 (1) (b) of the statutes is amended to read:

48.38 (1) (b) “Permanency plan" means a plan designed to ensure that a child is reunified with his or her family whenever possible appropriate, or that the child quickly attains a placement or home providing long-term stability.

275,67m Section 67m. 48.38 (4) (bm) of the statutes is created to read:

48.38 (4) (bm) The availability of a placement with a relative of the child and, if a decision is made not to place the child with an available relative, why placement with the relative is not appropriate.

275,68 Section 68 . 48.38 (5) (c) 2. of the statutes is amended to read:

48.38 (5) (c) 2. The extent of compliance with the permanency plan by the agency and any other service providers, the child's parents and, the child and the child's guardian, if any.

Note: Currently, in a 6-month permanency plan review, the juvenile court (or juvenile court-appointed panel if the juvenile court elects not to review the plan) must, in addition to other listed determinations, make a determination relating to the extent of compliance with the permanency plan by the child's parents and the child. This Section requires that there also be a determination of the extent of compliance with the plan by the child's guardian, if any.

275,68m Section 68m. 48.38 (5) (c) 6. am. of the statutes is created to read:

48.38 (5) (c) 6. am. Being placed in the home of a relative of the child.

275,69 Section 69 . 48.396 (2) (dm) of the statutes is created to read:

48.396 (2) (dm) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.458 (1) or a party to a paternity proceeding under ss. 767.45 to 767.60, the party's attorney or the guardian ad litem for the child who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity under s. 891.405 or 891.41, the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records.

Note: Section 48.396, stats., provides that records of the juvenile court are not open to inspection or their contents disclosed except by order of the juvenile court or as permitted under s. 48.396 or 48.375 (7) (e), stats. This Section adds another exception by requiring a juvenile court, upon request of a family court, a IV-D attorney or the parties to a paternity proceeding under ch. 767, stats., their attorneys or the child's GAL, to open for inspection by the requester its records relating to the paternity of a child or to disclose to the requester those records.

275,70 Section 70 . 48.415 (1) (a) (intro.) of the statutes is amended to read:

48.415 (1) (a) (intro.) Abandonment may, which, subject to par. (c), shall be established by a showing proving that:

Note: Amends current law with respect to abandonment as a ground for involuntary TPR to require that abandonment be established by proving the elements specified in s. 48.415 (1) (a), stats. Similar changes were made in all other subsections of s. 48.415, stats., for all other grounds for involuntary TPR.

275,71 Section 71 . 48.415 (1) (a) 1m. of the statutes is created to read:

48.415 (1) (a) 1m. The child has been left by the parent without provision for the child's care or support in a place or manner that exposes the child to substantial risk of great bodily harm, as defined in s. 939.22 (14), or death;

Note: Under current law, s. 48.415 (1) (a), stats., provides that abandonment may be established by a showing of one of the 3 bases specified in s. 48.415 (1) (a) 1. to 3., stats., namely that:

1. The child has been left without provision for its care or support, the petitioner has investigated the circumstances surrounding the matter and for 60 days the petitioner has been unable to find either parent.

2. The child has been placed, or continued in a placement, outside the parent's home by a juvenile court order containing the notice required by s. 48.356 (2), stats., and the parent has failed to visit or communicate with the child for a period of 6 months or longer.

3. The child has been left by the parent with a relative or other person, the parent knows or could discover the whereabouts of the child and the parent has failed to visit or communicate with the child for a period of one year or longer.

The creation of s. 48.415 (1) (a) 1m., stats., provides an additional basis for establishing abandonment for a child who has been left without provision for its care or support in a place or manner that exposes the child to substantial risk of great bodily harm, as defined in s. 939.22 (14), stats., (bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury), or death.

275,72 Section 72 . 48.415 (1) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.415 (1) (a) 2. The child has been placed, or continued in a placement, outside the parent's home by a court order containing the notice required by s. 48.356 (2) or 938.356 (2) and the parent has failed to visit or communicate with the child for a period of 6 3 months or longer; or

Note: Provides that an element of this basis for establishing abandonment as a ground for involuntary TPR is that, with respect to a child who has been placed, or continued in a placement, outside the parent's home by a juvenile court order, the parent has failed to visit or communicate with the child for a period of 3 months or longer, rather than 6 months or longer.

275,73 Section 73 . 48.415 (1) (a) 3. of the statutes is amended to read:

48.415 (1) (a) 3. The child has been left by the parent with a relative or other any person, the parent knows or could discover the whereabouts of the child and the parent has failed to visit or communicate with the child for a period of one year 6 months or longer.

275,74 Section 74 . 48.415 (1) (c) of the statutes is repealed and recreated to read:

48.415 (1) (c) Abandonment is not established under par. (a) 2. or 3. if the parent proves all of the following by a preponderance of the evidence:

1. That the parent had good cause for having failed to visit with the child throughout the time period specified in par. (a) 2. or 3., whichever is applicable.

2. That the parent had good cause for having failed to communicate with the child throughout the time period specified in par. (a) 2. or 3., whichever is applicable.

3. If the parent proves good cause under subd. 2., including good cause based on evidence that the child's age or condition would have rendered any communication with the child meaningless, that one of the following occurred:

a. The parent communicated about the child with the person or persons who had physical custody of the child during the time period specified in par. (a) 2. or 3., whichever is applicable, or, if par. (a) 2. is applicable, with the agency responsible for the care of the child during the time period specified in par. (a) 2.

b. The parent had good cause for having failed to communicate about the child with the person or persons who had physical custody of the child or the agency responsible for the care of the child throughout the time period specified in par. (a) 2. or 3., whichever is applicable.

Note: Deletes the provision allowing rebuttal of the presumption that abandonment has occurred based on evidence that the parent has not disassociated himself or herself from the child or relinquished responsibility for the child's care and well-being.