2009 Wisconsin Act 28

28,3285gb Section 3285gb. 908.03 (6m) (title) of the statutes is amended to read:

908.03 (6m) (title) Health Patient health care provider records.

28,3285gc Section 3285gc. 908.03 (6m) (a) of the statutes is renumbered 908.03 (6m) (a) (intro.) and amended to read:

908.03 (6m) (a) Definition. (intro.) In this subsection, "health:

1. Health care provider" means a massage therapist or bodyworker issued a certificate under ch. 460, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician assistant licensed under ch. 448, or a health care provider as defined has the meanings given in s. ss. 146.81 (1) and 655.001 (8).

28,3285ge Section 3285ge. 908.03 (6m) (a) 2. of the statutes is created to read:

908.03 (6m) (a) 2. "Patient health care records" has the meaning given in s. 146.81 (4).

28,3285gg Section 3285gg. 908.03 (6m) (b) of the statutes is amended to read:

908.03 (6m) (b) Authentication witness unnecessary. A custodian or other qualified witness required by sub. (6) is unnecessary if the party who intends to offer patient health care provider records into evidence at a trial or hearing does one of the following at least 40 days before the trial or hearing:

1. Serves upon all appearing parties an accurate, legible and complete duplicate of the patient health care provider records for a stated period certified by the record custodian.

2. Notifies all appearing parties that an accurate, legible and complete duplicate of the patient health care provider records for a stated period certified by the record custodian is available for inspection and copying during reasonable business hours at a specified location within the county in which the trial or hearing will be held.

28,3285gh Section 3285gh. 908.03 (6m) (bm) of the statutes is created to read:

908.03 (6m) (bm) Presumption. Billing statements or invoices that are patient health care records are presumed to state the reasonable value of the health care services provided and the health care services provided are presumed to be reasonable and necessary to the care of the patient. Any party attempting to rebut the presumption of the reasonable value of the health care services provided may not present evidence of payments made or benefits conferred by collateral sources.

28,3285gi Section 3285gi. 908.03 (6m) (c) (intro.) of the statutes is amended to read:

908.03 (6m) (c) Subpoena limitations. (intro.) Health Patient health care provider records are subject to subpoena only if one of the following conditions exists:

28,3285gk Section 3285gk. 908.03 (6m) (c) 3. of the statutes is amended to read:

908.03 (6m) (c) 3. If upon a properly authorized request of an attorney, the health care provider refuses, fails, or neglects to supply within 2 business days a legible certified duplicate of its records for the fees established under par. (d) s. 146.83 (1f) (c) or (d) or (1h) (b) or (c), whichever are applicable.

28,3285gm Section 3285gm. 908.03 (6m) (d) of the statutes is repealed.

28,3285p Section 3285p. 909.02 (11) (title) of the statutes is amended to read:

909.02 (11) (title) Health Patient health care provider records.

28,3286 Section 3286. 911.01 (4) (c) of the statutes is amended to read:

911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g) 302.1135, adjustment of a bifurcated sentence under s. 973.195 (1r), release to extended supervision under s. 302.113 (2) (b) or 304.06 (1) or discharge under s. 973.01 (4m), issuance of arrest warrants, criminal summonses and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969.

28,3287 Section 3287. 938.02 (6) of the statutes is amended to read:

938.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 juveniles or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of children and families promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.

28,3288 Section 3288. 938.02 (17q) of the statutes is repealed.

28,3289 Section 3289. 938.207 (1) (c) of the statutes is amended to read:

938.207 (1) (c) A licensed foster home or a licensed treatment foster home if the placement does not violate the conditions of the license.

28,3290 Section 3290. 938.207 (1) (f) of the statutes is amended to read:

938.207 (1) (f) The home of a person not a relative if the person has not had a foster home or treatment foster home license under s. 48.62 refused, revoked, or suspended within the previous 2 years. Such a A placement under this paragraph may not exceed 30 days, unless the placement is extended by the court for cause for an additional 30 days.

28,3290n Section 3290n. 938.21 (2) (e) of the statutes is created to read:

938.21 (2) (e) If present at the hearing, the parent shall be requested to provide the names and other identifying information of 3 relatives of the juvenile or family friends 18 years of age or over whose homes the parent requests the court to consider as placements for the juvenile. If the parent does not provide this information at the hearing, the county department shall make a reasonable effort to provide each parent with the opportunity to provide this information.

28,3290p Section 3290p. 938.21 (3) (f) of the statutes is created to read:

938.21 (3) (f) If present at the hearing, the parent shall be requested to provide the names and other identifying information of 3 relatives of the juvenile or family friends 18 years of age or over whose homes the parent requests the court to consider as placements for the juvenile. If the parent does not provide this information at the hearing, the county department shall make a reasonable effort to provide each parent with the opportunity to provide this information.

28,3291 Section 3291. 938.21 (5) (d) 2. of the statutes is amended to read:

938.21 (5) (d) 2. If a hearing is held under subd. 1, at least 10 days before the date of the hearing the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.

28,3292 Section 3292. 938.21 (5) (d) 3. of the statutes is amended to read:

938.21 (5) (d) 3. The court shall give a foster parent , treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under subd. 2. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

28,3292h Section 3292h. 938.21 (5) (e) of the statutes is created to read:

938.21 (5) (e) 1. In this paragraph, "adult relative" means a grandparent, great-grandparent, aunt, uncle, or sibling of a juvenile, whether by blood, marriage, or legal adoption, who has attained 18 years of age.

2. The court shall order the county department to conduct a diligent search in order to locate and provide notice of the information specified in this subdivision to all adult relatives of the juvenile and to all other adult individuals whose homes are requested by the juvenile's parent under sub. (2) (e) or (3) (f) to be considered as placement options for the juvenile within 30 days after the date of the hearing unless the juvenile is returned to his or her home within that period. The county department may not provide that notice to an adult relative or other individual if the county department has reason to believe that it would be dangerous to the juvenile or to the parent if the juvenile were placed with that adult relative or individual. The notice shall include all of the following:

a. A statement that the juvenile has been removed from the custody of the juvenile's parent.

b. A statement that the juvenile may need a temporary or permanent placement outside of his or her home and an explanation of how the individual may request to have the juvenile placed with him or her.

c. An explanation of the programs and services that may be available to the adult relative or other individual if the juvenile is placed with him or her including foster care payments, kinship care payments, assistance with health care needs, child care assistance, and nutrition assistance.

d. A description of the types of expenses that the adult relative or other individual may incur if the juvenile is placed in his or her home and whether and when the adult relative or other individual may be reimbursed for those expenses.

e. An explanation of how to receive notice of future proceedings relating to the juvenile if the adult relative or other individual provides contact information to the county department.

28,3293 Section 3293. 938.27 (3) (a) 1. of the statutes is amended to read:

938.27 (3) (a) 1. The court shall notify, under s. 938.273, the juvenile, any parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile, and any person specified in par. (b), if applicable, of all hearings involving the juvenile under this subchapter, except hearings on motions for which notice must be provided only to the juvenile and his or her counsel. If parents entitled to notice have the same place of residence, notice to one constitutes notice to the other. The first notice to any interested party, foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) shall be in writing and may have a copy of the petition attached to it. Notices of subsequent hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the date and time notice was given and the person to whom he or she spoke.

28,3294 Section 3294. 938.27 (3) (a) 1m. of the statutes is amended to read:

938.27 (3) (a) 1m. The court shall give a foster parent , treatment foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 1. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

28,3295 Section 3295. 938.27 (3) (a) 2. of the statutes is amended to read:

938.27 (3) (a) 2. Failure to give notice under subd. 1. to a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the action or proceeding. If a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under subd. 1., that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.

28,3296 Section 3296. 938.27 (6) of the statutes is amended to read:

938.27 (6) Interstate compact proceedings; notice and summons. When a proceeding is initiated under s. 938.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court. If the juvenile who is the subject of the proceeding is in the care of a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian notice and an opportunity to be heard as provided in sub. (3) (a).

28,3297 Section 3297. 938.299 (1) (ag) of the statutes is amended to read:

938.299 (1) (ag) If a public hearing is not held, in addition to persons permitted to attend under par. (a), the juvenile's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) may be present, except that the court may exclude a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) from any portion of the hearing if that portion of the hearing deals with sensitive personal information of the juvenile or the juvenile's family or if the court determines that excluding the foster parent, treatment foster parent or other physical custodian would be in the best interests of the juvenile.

28,3298 Section 3298. 938.32 (1) (d) 2. of the statutes is amended to read:

938.32 (1) (d) 2. At least 10 days before the date of the hearing under subd. 1., the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.

28,3299 Section 3299. 938.32 (1) (d) 3. of the statutes is amended to read:

938.32 (1) (d) 3. The court shall give a foster parent , treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, treatment foster parent, or other physical custodian does not become a party to the proceeding on which the hearing is held solely on the basis of receiving the notice and having the opportunity to be heard.

28,3300 Section 3300. 938.33 (4) (intro.) of the statutes is amended to read:

938.33 (4) Other out-of-home placements. (intro.) A report recommending placement in a foster home, treatment foster home, group home, or nonsecured residential care center for children and youth, in the home of a relative other than a parent, or in the home of a guardian under s. 48.977 (2) shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following:

28,3301 Section 3301. 938.33 (5) of the statutes is amended to read:

938.33 (5) Identity of foster parent or treatment foster parent; confidentiality. If the report recommends placement in a foster home or a treatment foster home, and the name of the foster parent or treatment foster parent is not available at the time the report is filed, the agency shall provide the court and the juvenile's parent or guardian with the name and address of the foster parent or treatment foster parent within 21 days after the dispositional order is entered, except that the court may order the information withheld from the juvenile's parent or guardian if the court finds that disclosure would result in imminent danger to the juvenile or to the foster parent or treatment foster parent. After notifying the juvenile's parent or guardian, the court shall hold a hearing prior to ordering the information withheld.

28,3302 Section 3302. 938.335 (3g) (intro.) of the statutes is amended to read:

938.335 (3g) Reasonable efforts finding. (intro.) At hearings under this section, if the agency, as defined in s. 938.38 (1) (a), is recommending placement of the juvenile in a foster home, treatment foster home, group home, or residential care center for children and youth, or in the home of a relative other than a parent, the agency shall present as evidence specific information showing all of the following:

28,3303 Section 3303. 938.34 (3) (c) of the statutes is amended to read:

938.34 (3) (c) A foster home or treatment foster home licensed under s. 48.62 or a group home licensed under s. 48.625.

28,3304 Section 3304. 938.355 (2) (b) 2. of the statutes is amended to read:

938.355 (2) (b) 2. If the juvenile is placed outside the home, the name of the place or facility, including transitional placements, where the juvenile shall be cared for or treated, except that if the placement is a foster home or treatment foster home and the name and address of the foster parent or treatment foster parent is not available at the time of the order, the name and address of the foster parent or treatment foster parent shall be furnished to the court and the parent within 21 days of after the order. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that disclosure of the identity of the foster parent or treatment foster parent would result in imminent danger to the juvenile, the foster parent or the treatment foster parent, the court may order the name and address of the prospective foster parents or treatment foster parents withheld from the parent or guardian.

28,3305 Section 3305. 938.355 (2d) (c) 2. of the statutes is amended to read:

938.355 (2d) (c) 2. If a hearing is held under subd. 1., at least 10 days before the date of the hearing the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.

28,3306 Section 3306. 938.355 (2d) (c) 3. of the statutes is amended to read:

938.355 (2d) (c) 3. The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under subd. 2. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

28,3307 Section 3307. 938.355 (4) (a) of the statutes is amended to read:

938.355 (4) (a) Except as provided under par. (b) or s. 938.368, an order under this section or s. 938.357 or 938.365 made before the juvenile attains 18 years of age that places or continues the placement of the juvenile in his or her home shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner. Except as provided in par. (b) or s. 938.368, an order under this section or s. 938.357 or 938.365 made before the juvenile attains 18 years of age that places or continues the placement of the juvenile in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall terminate when the juvenile attains 18 years of age, at the end of one year after the date on which the order is granted, or, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 19 years of age, when the juvenile attains 19 years of age, whichever is later, unless the court specifies a shorter period of time or the court terminates the order sooner.

28,3308 Section 3308. 938.357 (1) (am) 1. of the statutes is amended to read:

938.357 (1) (am) 1. If the proposed change in placement involves any change in placement other than a change in placement under par. (c), the person or agency primarily responsible for implementing the dispositional order or the district attorney shall cause written notice of the proposed change in placement to be sent to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile. 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.

28,3309 Section 3309. 938.357 (1) (am) 2. of the statutes is amended to read:

938.357 (1) (am) 2. Any person receiving the notice under subd. 1. or notice of a specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements may not be changed until 10 days after that notice is sent to the court unless the parent, guardian, or legal custodian and the juvenile, if 12 or more years of age, sign written waivers of objection, except that changes in placement that were authorized in the dispositional order may be made immediately if notice is given as required under subd. 1. In addition, a hearing is not required for placement changes authorized in the dispositional order except when an objection filed by a person who received notice alleges that new information is available that affects the advisability of the court's dispositional order.

28,3310 Section 3310. 938.357 (2m) (b) of the statutes is amended to read:

938.357 (2m) (b) Hearing; when required. The court shall hold a hearing prior to ordering any change in placement requested or proposed under par. (a) if the request states that new information is available that affects the advisability of the current placement. A hearing is not required if the requested or proposed change in placement does not involve a change in placement of a juvenile placed in the home to a placement outside the home, written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) (am) 1., and the court approves. If a hearing is scheduled, the court shall notify the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, 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 of the parties consent, the court may proceed immediately with the hearing.

28,3311 Section 3311. 938.357 (2r) of the statutes is amended to read:

938.357 (2r) Removal from foster home or physical custodian. If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove a juvenile from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested change in placement. A foster parent, treatment foster parent, or other physical custodian who receives notice of a hearing under sub. (1) (am) 1. or (2m) (b) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

28,3312 Section 3312. 938.357 (2v) (c) 2. of the statutes is amended to read:

938.357 (2v) (c) 2. If a hearing is held under subd. 1., at least 10 days before the date of the hearing the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.

28,3313 Section 3313. 938.357 (2v) (c) 3. of the statutes is amended to read:

938.357 (2v) (c) 3. The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under subd. 2. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

28,3314 Section 3314. 938.357 (4) (c) 1. of the statutes is amended to read:

938.357 (4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility operated by a child welfare agency under par. (a) and it appears that a less restrictive placement would be appropriate for the juvenile, the department, after consulting with the child welfare agency that is operating the Type 2 juvenile correctional facility, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 juvenile correctional facility without a hearing under sub. (1) (am) 2. The child welfare agency shall establish a rate for each type of placement shall be established by the department of children and families, in consultation with the department, in the manner provided in s. 49.343.