Wisconsin Legislature: 9,1131pd

9,1131gt Section 1131gt. 48.32 (2) (a) of the statutes is amended to read:

48.32 (2) (a) A consent decree shall remain in effect up to 6 months one year unless the child, parent, guardian, legal custodian or expectant mother is discharged sooner by the judge or juvenile court commissioner.

9,1131h Section 1131h. 48.345 (3) (a) of the statutes is amended to read:

48.345 (3) (a) The home of a parent or other relative of the child, except that the judge may not designate the home of a parent or other relative of the child as the child's placement if the parent or other relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the judge determines by clear and convincing evidence that the placement would be in the best interests of the child. The judge shall consider the wishes of the child in making that determination.

9,1131hd Section 1131hd. 48.345 (3) (b) of the statutes is amended to read:

48.345 (3) (b) A home which need not be The home of a person who is not required to be licensed if placement is for less than 30 days, except that the judge may not designate the home of a person who is not required to be licensed as the child's placement if the person has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the judge determines by clear and convincing evidence that the placement would be in the best interests of the child. The judge shall consider the wishes of the child in making that determination.

9,1131i Section 1131i. 48.355 (3) of the statutes is renumbered 48.355 (3) (a) and amended to read:

48.355 (3) (a) If Except as provided in par. (b), if, after a hearing on the issue with due notice to the parent or guardian, the judge court finds that it would be in the best interest of the child, the judge court may set reasonable rules of parental visitation.

9,1131id Section 1131id. 48.355 (3) (b) of the statutes is created to read:

48.355 (3) (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a parent of a child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

1m. Except as provided in subd. 2., if a parent who is granted visitation rights with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

2. Subdivisions 1. and 1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

9,1131ir Section 1131ir. 48.357 (4d) of the statutes is created to read:

48.357 (4d) (a) Except as provided in par. (b), the court may not change a child's placement to a placement in the home of a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, if the conviction has not been reversed, set aside or vacated.

(am) Except as provided in par (b), if a parent in whose home a child is placed is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall change the child's placement to a placement out of the home of the parent on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

(b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

9,1131k Section 1131k. 48.38 (4) (d) of the statutes is amended to read:

48.38 (4) (d) If the child is living more than 60 miles from his or her home, documentation that placement within 60 miles of the child's home is either unavailable or inappropriate or documentation that placement more than 60 miles from the child's home is in the child's best interests. The placement of a child in a licensed foster home or a licensed treatment foster home more than 60 miles from the child's home is presumed to be in the best interests of the child if documentation is provided which that shows all any of the following:

1. That the placement is made pursuant to a voluntary agreement under s. 48.63 (1).

2. That, that the voluntary agreement provides that the child may be placed more than 60 miles from the child's home.

3. That and that the placement is made to facilitate the anticipated adoptive placement of the child under s. 48.833 (1) or 48.837.

9,1131L Section 1131L. 48.38 (4) (d) 1m. of the statutes is created to read:

48.38 (4) (d) 1m. That the placement is of a child with special needs, as defined by rule promulgated under s. 48.975 (5) (b), that the placement is made to facilitate the anticipated adoptive placement of the child under s. 48.833 (1) and that the department, county department or child welfare agency making the placement has determined under s. 48.833 (3) that consideration of the location of the proposed adoptive parent's residence is not necessary to ensure the best interests of the child in light of the child's need for care or treatment to meet those special needs.

9,1131m Section 1131m. 48.38 (4) (dm) of the statutes is created to read:

48.38 (4) (dm) In the case of a child with special needs, as defined by rule promulgated under s. 48.975 (5) (b), who is placed to facilitate the anticipated adoptive placement of the child under s. 48.833 (1), if the department, county department or child welfare agency making the placement has determined under s. 48.833 (3) that consideration of the location of the proposed adoptive parent's residence is necessary to ensure the best interests of the child in light of the child's need for care or treatment to meet those special needs, documentation showing the reasons why that consideration is necessary.

9,1131n Section 1131n. 48.415 (8) of the statutes is amended to read:

48.415 (8) Intentional or reckless homicide Homicide or solicitation to commit homicide of parent. Intentional or reckless Homicide or solicitation to commit homicide of a parent, which shall be established by proving that a parent of the child has been a victim of first-degree intentional homicide in violation of s. 940.01, first-degree reckless homicide in violation of s. 940.02 or 2nd-degree intentional homicide in violation of s. 940.05 or a crime under federal law or the law of any other state that is comparable to a crime specified in this subsection any of those crimes, or has been the intended victim of a solicitation to commit first-degree intentional homicide in violation of s. 939.30 or a crime under federal law or the law of any other state that is comparable to that crime, and that the person whose parental rights are sought to be terminated has been convicted of that intentional or reckless homicide, solicitation or crime under federal law or the law of any other state as evidenced by a final judgment of conviction.

9,1131p Section 1131p. 48.42 (1m) (b) of the statutes is amended to read:

48.42 (1m) (b) The Subject to par. (e), the court may issue the temporary order ex parte or may refuse to issue the temporary order and hold a hearing on whether to issue an injunction. The temporary order is in effect until a hearing is held on the issuance of an injunction. The court shall hold a hearing on the issuance of an injunction on or before the date of the hearing on the petition to terminate parental rights under s. 48.422 (1).

9,1131pd Section 1131pd. 48.42 (1m) (c) of the statutes is amended to read:

48.42 (1m) (c) Notwithstanding any other order under s. 48.355 (3), the court, subject to par. (e), may grant an injunction prohibiting the respondent from visiting or contacting the child if the court determines that the prohibition would be in the best interests of the child. An injunction under this subsection is effective according to its terms but may not remain in effect beyond the date the court dismisses the petition for termination of parental rights under s. 48.427 (2) or issues an order terminating parental rights under s. 48.427 (3).

9,1131pg Section 1131pg. 48.42 (1m) (e) of the statutes is created to read:

48.42 (1m) (e) 1. Except as provided in subd. 2., the court shall issue a temporary order and injunction prohibiting a parent of a child from visitation or contact with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

2. Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation or contact would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

9,1131pm Section 1131pm. 48.428 (6) of the statutes is renumbered 48.428 (6) (a) and amended to read:

48.428 (6) (a) The Except as provided in par. (b), the court may order or prohibit visitation by a birth parent of a child placed in sustaining care.

9,1131pp Section 1131pp. 48.428 (6) (b) of the statutes is created to read:

48.428 (6) (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a birth parent of a child who has been placed in sustaining care if the birth parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other birth parent, and the conviction has not been reversed, set aside or vacated.

1m. Except as provided in subd. 2., if a birth parent who is granted visitation rights with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other birth parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the birth parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the birth parent.

9,1131r Section 1131r. 48.434 (2) of the statutes is amended to read:

48.434 (2) Any birth parent of a child may file with the agency that placed the child for adoption under s. 48.833 (1) or that was appointed the guardian of the child under s. 48.837 (6) (d) a written authorization for the agency to release any available information about the birth parent's identity and location to one or both adoptive parents of the child.

9,1131s Section 1131s. 48.434 (3) of the statutes is amended to read:

48.434 (3) Any adoptive parent of a child may file with the agency that placed the child for adoption under s. 48.833 (1) or that was appointed the guardian of the child under s. 48.837 (6) (d) a written authorization for the agency to release any available information about the adoptive parent's identity and location to one or both birth parents of the child.

9,1132d Section 1132d. 48.48 (9) of the statutes is amended to read:

48.48 (9) To license foster homes or treatment foster homes as provided in s. 48.66 (1) (a) for its own use or for the use of licensed child welfare agencies or, if requested to do so, for the use of county departments.

9,1133d Section 1133d. 48.48 (9m) of the statutes is amended to read:

48.48 (9m) To license shelter care facilities as provided in s. 48.66 (1) (a).

9,1134d Section 1134d. 48.48 (10) of the statutes is amended to read:

48.48 (10) To license child welfare agencies and day care centers as provided in s. 48.66 (1) (a).

9,1134h Section 1134h. 48.48 (17) (a) 10. of the statutes is amended to read:

48.48 (17) (a) 10. Administer kinship care and long-term kinship care as provided in s. 48.57 (3m), (3n), (3o) and (3p).

9,1135 Section 1135. 48.55 (title) of the statutes is amended to read:

48.55 (title) State adoption information exchange and state adoption center.

9,1136 Section 1136. 48.55 of the statutes is renumbered 48.55 (1) and amended to read:

48.55 (1) The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes. The department shall adopt rules governing the adoption information exchange and, from and a state adoption center for the purposes of increasing public knowledge of adoption and promoting to adolescents and pregnant women the availability of adoption services. From the appropriation under s. 20.435 (3) (dg), the department may provide not more than $75,000 $125,000 in each fiscal year as grants to individuals and private agencies for to provide adoption information exchange services and to operate the state adoption center.

9,1137 Section 1137. 48.551 (title) and (1) of the statutes are repealed.

9,1138 Section 1138. 48.551 (2) (intro.) of the statutes is renumbered 48.55 (2) (intro.) and amended to read:

48.55 (2) (intro.) The department shall promulgate rules governing the adoption information exchange and rules specifying the functions of the state adoption center, which. The rules specifying the functions of the state adoption center shall include all of the following:

9,1139 Section 1139. 48.551 (2) (a), (b), (c), (d) and (e) of the statutes are renumbered 48.55 (2) (a), (b), (c), (d) and (e).

9,1140 Section 1140. 48.561 (3) (b) of the statutes is amended to read:

48.561 (3) (b) The department of administration and a county having a population of 500,000 or more shall consult to determine the method by which the state will shall collect the amount specified in par. (a). If the department of administration and from a county having a population of 500,000 or more reach an agreement as to that method and if that agreement calls for by deducting all or part of that amount from any state payment due that county under s. 46.40, 79.03, 79.04, 79.058, 79.06 or 79.08 or for adding a special charge to the amount of taxes apportioned to and levied on that county under s. 70.60, the. The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from those the state payments due or to be added as that special charge. If the department of administration and a county having a population of 500,000 or more do not reach an agreement as to that method by September 15 of each year, the department of administration shall determine that method without the agreement of that county under s. 79.03, 79.04, 79.058, 79.06 or 79.08. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.435 (3) (kw) and shall notify the county from which those amounts are collected of that collection.

9,1141d Section 1141d. 48.57 (3m) (am) (intro.) of the statutes is amended to read:

48.57 (3m) (am) (intro.) From the appropriations appropriation under s. 20.435 (3) (cz) and (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

9,1142g Section 1142g. 48.57 (3m) (f) of the statutes is amended to read:

48.57 (3m) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition any of the conditions specified in par. (am) 1., 2., 5. or to 6. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

9,1143d Section 1143d. 48.57 (3n) (am) (intro.) of the statutes is amended to read:

48.57 (3n) (am) (intro.) From the appropriations appropriation under s. 20.435 (3) (cz) and (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make monthly payments for each child in the amount specified in sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:

9,1145g Section 1145g. 48.57 (3n) (f) of the statutes is amended to read:

48.57 (3n) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition any of the conditions specified in par. (am) 1., 2., 5., 5m. or to 5r. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

9,1145gm Section 1145gm. 48.57 (3o) of the statutes is created to read:

48.57 (3o) (a) In this subsection:

1. "Kinship care relative" has the meaning given in sub. (3m) (a).

2. "Long-term kinship care relative" has the meaning given in sub. (3n) (a).

(b) From the appropriation under s. 20.435 (3) (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative or a long-term kinship care relative who is providing care and maintenance for a person if the person meets all of the following conditions:

1. The person is 18 years of age or over.

2. The person is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.

3. The person has not been absent from that program without an acceptable excuse under ss. 118.15 and 118.16 (4) for part or all of any day on which that program is held during the month preceding the month in which a payment under this paragraph is payable.

4. The person received funding under sub. (3m) (am) or (3n) (am) immediately prior to the person's 18th birthday.

(c) The county department or department making payments under par. (b) shall monitor the classroom attendance of the person receiving care and maintenance under par. (b) and may require consent to the release of school attendance records, under s. 118.125 (2) (e), as a condition of eligibility for payments under par. (b).

(d) Subsection (3m) or (3n), whichever is applicable, and subs. (3p) and (3t) shall continue to apply to a kinship care relative, long-term kinship care relative and person receiving care and maintenance under par. (b) in the same manner as those subsections applied to those persons immediately prior to the 18th birthday of the person receiving that care and maintenance.

9,1145h Section 1145h. 48.57 (3p) (fm) 1. of the statutes is amended to read:

48.57 (3p) (fm) 1. The county department or, in a county having a population of 500,000 or more, the department of health and family services may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department or department of health and family services may not finally approve the making of payments under sub. (3m) unless the county department or department of health and family services receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. or payment is approved under par. (h) 4. The county department or department of health and family services may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

9,1145j Section 1145j. 48.57 (3p) (g) (intro.) of the statutes is amended to read:

48.57 (3p) (g) (intro.) Except as provided in par. (h), the A county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

9,1145m Section 1145m. 48.57 (3p) (h) of the statutes is repealed.

9,1145p Section 1145p. 48.57 (3t) of the statutes is amended to read:

48.57 (3t) Notwithstanding subs. (3m), (3n) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n) and (3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.

9,1145t Section 1145t. 48.57 (3t) of the statutes is amended to read: