2015 Wisconsin Act 373

48.357 (2) (title) Emergency change in placement.

373,43 Section 43. 48.357 (2) of the statutes is renumbered 48.357 (2) (a) and amended to read:

48.357 (2) (a) Emergency changes in placement generally. If Except as provided in par. (b), if emergency conditions necessitate an immediate change in the placement of a child or expectant mother placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child or expectant mother to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in under sub. (1) (am) 1. or the consent required under sub. (1) (am) 2r. The notice shall, however, Notice of the emergency change in placement shall be sent to the persons specified in sub. (1) (am) 1. within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1) (am) 2.

(c) Placements permitted in emergency. In emergency situations, a child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as or in any placement authorized under s. 48.345 (3).

373,44 Section 44. 48.357 (2) (b) of the statutes is created to read:

48.357 (2) (b) Emergency in-home to out-of-home placements. 1. If emergency conditions necessitate an immediate change in placement of a child or expectant mother placed in the home to a placement outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child or expectant mother to a new placement, whether or not authorized by the existing dispositional order, without first requesting a change in placement under sub. (1) (c) 1.

2. Except as provided in subd. 3., a hearing on an emergency change in placement under subd. 1. shall be held within 48 hours after the emergency change in placement is made, excluding Saturdays, Sundays, and legal holidays. When a child or expectant mother is removed to a new placement under subd. 1., the person or agency that removed the child or expectant mother shall immediately notify the court by the most practical means. As soon as possible after receiving that notice, the court shall schedule the hearing and the person or agency that removed the child or expectant mother, by the most practical means, shall provide notice of the hearing to the child, the child's counsel or guardian ad litem, the parent, guardian, and legal custodian of the child, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, any foster parent or other physical custodian described in s. 48.62 (2), the child's court-appointed special advocate, and, if the child is an Indian child, the Indian child's Indian custodian and tribe.

3. By the time of the hearing under subd. 2., a request for a change in placement under sub. (1) (c) 1. shall be filed with the court. The court shall hold a hearing on the request as provided in sub. (1) (c) 2., except that, subject to sub. (1) (c) 2r., if all parties consent, the court may proceed immediately with the hearing under sub. (1) (c) 2. in lieu of the hearing under subd. 2.

4. If the court orders an emergency change in placement under subd. 2., the change-in-placement order shall contain the findings under sub. (2v) (a) 1., the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., the finding under sub. (2v) (a) 2m., and, if in addition the court finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination under sub. (2v) (a) 3.

373,45 Section 45. 48.357 (2m) (title) of the statutes is created to read:

48.357 (2m) (title) Request by others.

373,46 Section 46. 48.357 (2m) (a) of the statutes is amended to read:

48.357 (2m) (a) Request; information required. Except as provided in par. (bv), the child, the child's counsel or guardian ad litem, the parent, guardian, legal custodian, or Indian custodian of the child, the expectant mother, or the unborn child's guardian ad litem , 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 the placement under this paragraph of the child or expectant mother as provided in this subsection. The request shall contain the name and address of the new placement requested and shall state what new information is available that affects the advisability of the current placement. If the proposed change in placement would change the placement of a child placed in the child's home to a placement outside the child's home, the request shall also contain specific information showing that continued placement of the child in the home would be contrary to the welfare of the child and, unless any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies, specific information showing that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns. The request shall be submitted to the court. The court may also propose a change in placement on its own motion.

373,47 Section 47. 48.357 (2m) (am) (title) of the statutes is created to read:

48.357 (2m) (am) (title) Indian child; additional information required.

373,48 Section 48. 48.357 (2m) (b) (title) of the statutes is created to read:

48.357 (2m) (b) (title) Hearing; when required.

373,49 Section 49. 48.357 (2m) (b) of the statutes is renumbered 48.357 (2m) (b) 1. and amended to read:

48.357 (2m) (b) 1. The court shall hold a hearing prior to ordering any change in placement requested or proposed under par. (a) if the request or proposal states that new information is available that affects the advisability of the current placement. Except as provided in par. (bv), a hearing is not required if the requested or proposed change in placement does not involve a change in placement of a child placed in the child's home to a placement outside the child's home, written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under this paragraph subd. 2., other than a court-appointed special advocate, and the court approves.

2. If a hearing is scheduled, not less than at least 3 days before the hearing the court shall notify the child, the child's counsel or guardian ad litem, the parent, guardian, and legal custodian of the child, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is an Indian child, the Indian child's Indian custodian and tribe. If the child is the expectant mother of an unborn child under s. 48.133, the court shall also notify the unborn child's guardian ad litem. If the change in placement involves an adult expectant mother of an unborn child under s. 48.133, at least 3 days before the hearing the court shall notify the adult expectant mother, the unborn child's guardian ad litem, and all parties who are bound by the person or agency primarily responsible for implementing the dispositional order, at least 3 days prior to the hearing and the district attorney or corporation counsel. A copy of the request or proposal for the change in placement shall be attached to the notice. Subject to par. (br), if all of the parties consent, the court may proceed immediately with the hearing.

373,50 Section 50. 48.357 (2m) (bm) of the statutes is amended to read:

48.357 (2m) (bm) Child placed outside the home. If the court changes the child's placement from a placement in the child's home to a placement outside the child's home, the parent, if present at the hearing, shall be requested to provide the names and other identifying information of 3 relatives of the child or other individuals 18 years of age or over whose homes the parent requests the court to consider as placements for the child, unless that information has previously been provided under this paragraph, sub. (1) (c) 2m., or s. 48.21 (3) (f) or 48.335 (6). If the parent does not provide that information at the hearing, the county department, the department in a county having a population of 500,000 750,000 or more, or the agency primarily responsible for implementing the dispositional order shall permit the parent to provide the information at a later date.

373,51 Section 51. 48.357 (2m) (br) of the statutes is amended to read:

48.357 (2m) (br) Indian child; notice. If the child is an Indian child, and if the proposed change in placement would change the placement of the Indian child from a placement in the home of his or her parent or Indian custodian to a placement outside that home, notice under par. (b) 2. to the Indian child's parent, Indian custodian, and tribe shall be provided in the manner specified in s. 48.028 (4) (a). Notwithstanding par. (b) 2., no hearing on the request or proposal may be held until at least 10 days after receipt of the notice by the Indian child's parent, Indian custodian, and tribe or, if the identity or location of the Indian child's parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.

373,52 Section 52. 48.357 (2m) (c) of the statutes is amended to read:

48.357 (2m) (c) Contents of order. 1. If the court changes the child's placement from a placement in the child's home to a placement outside the child's home, the change in placement change-in-placement order shall contain the findings under sub. (2v) (a) 1., the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., the finding under sub. (2v) (a) 2m., and, if in addition the court finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination under sub. (2v) (a) 3. If the court changes the placement of an Indian child from a placement in the home of his or her parent or Indian custodian to a placement outside that home, the change in placement change-in-placement order shall, in addition, contain the findings under sub. (2v) (a) 4. and comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

2. If the court changes the child's placement from a placement outside the home to another placement outside the home, the change in placement change-in-placement order shall contain the applicable order under sub. (2v) (a) 1m. and, the applicable statement under sub. (2v) (a) 2., and the finding under sub. (2v) (a) 2m. If the court changes the placement of an Indian child from a placement outside the home of his or her parent or Indian custodian to another placement outside that home, the change in placement change-in-placement order shall, in addition, comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

373,53 Section 53. 48.357 (2r) of the statutes is amended to read:

48.357 (2r) Removal from foster home or other physical custodian. If a hearing is held under sub. (1) (am) 2. or (2m) (b) 1. and the change in placement would remove a child from a foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent or other physical custodian a right to be heard at the hearing by permitting the 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 child and the requested change in placement. A foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (am) 1. or (2m) (b) 2. and a right 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 right to be heard.

373,54 Section 54. 48.357 (2v) (title) of the statutes is created to read:

48.357 (2v) (title) Change-in-placement order.

373,55 Section 55. 48.357 (2v) (a) (title) of the statutes is created to read:

48.357 (2v) (a) (title) Contents of order.

373,56 Section 56. 48.357 (2v) (a) 1. of the statutes is amended to read:

48.357 (2v) (a) 1. If the change in placement change-in-placement order changes the child's placement from a placement in the child's home to a placement outside the child's home, a finding that continued placement of the child in his or her home would be contrary to the welfare of the child and, unless a circumstance specified in s. 48.355 (2d) (b) 1. to 5. applies, a finding that the county department, department, in a county having a population of 750,000 or more, or the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns.

373,57 Section 57. 48.357 (2v) (a) 1m. of the statutes is amended to read:

48.357 (2v) (a) 1m. If the change in placement change-in-placement order changes the placement of a child who is under the supervision of the county department or, in a county having a population of 500,000 750,000 or more, the department to a placement outside the child's home, whether from a placement in the home or from another placement outside the home, an order ordering the child into, or to be continued in, the placement and care responsibility of the county department or department as required under 42 USC 672 (a) (2) and assigning the county department or department primary responsibility, or continued primary responsibility, for providing services to the child.

373,58 Section 58. 48.357 (2v) (a) 2. of the statutes is amended to read:

48.357 (2v) (a) 2. If the change in placement change-in-placement order would change changes the placement of the child to a placement outside the home recommended by the person or agency primarily responsible for implementing the dispositional order, whether from a placement in the home or from another placement outside the home, a statement that the court approves the placement recommended by that person or agency or, if the change in placement change-in-placement order would change changes the placement of the child to a placement outside the home that is not a placement recommended by that person or agency, whether from a placement in the home or from another placement outside the home, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the child's placement.

373,59 Section 59. 48.357 (2v) (a) 2m. of the statutes is amended to read:

48.357 (2v) (a) 2m. If the change-in-placement order changes the placement of the child to a placement outside the home and if the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have been placed outside the home or for whom a change in placement to a placement outside the home is requested, a finding as to whether the county department, the department in a county having a population of 500,000 750,000 or more, or the agency primarily responsible for implementing the dispositional order has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the court shall order the county department, department, or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

373,60 Section 60. 48.357 (2v) (b) (title) of the statutes is created to read:

48.357 (2v) (b) (title) Documentation of basis of findings.

373,61 Section 61. 48.357 (2v) (c) (title) of the statutes is created to read:

48.357 (2v) (c) (title) Reasonable efforts not required; permanency hearing.

373,62 Section 62. 48.357 (2v) (d) (title) of the statutes is created to read:

48.357 (2v) (d) (title) Search for relatives.

373,63 Section 63. 48.357 (2v) (d) 1. of the statutes is amended to read:

48.357 (2v) (d) 1. Subject to subd. 2., the court shall order the county department, the department in a county having a population of 500,000 750,000 or more, or the agency primarily responsible for implementing the dispositional order to conduct a diligent search in order to locate and provide notice of the information specified in s. 48.21 (5) (e) 2. a. to e. to all relatives of the child named under sub. (1) (c) 2m. or (2m) (bm) and to all adult relatives, as defined in s. 48.21 (5) (e) 1., of the child within 30 days after the child is removed from the custody of the child's parent unless the child is returned to his or her home within that period. The court may also order the county department, department, or agency to conduct a diligent search in order to locate and provide notice of that information to all other adult individuals named under sub. (1) (c) 2m. or (2m) (bm) within 30 days after the child is removed from the custody of the child's parent unless the child is returned to his or her home within that period. The county department, department, or agency may not provide that notice to a person named under sub. (1) (c) 2m. or (2m) (bm) or to an adult relative if the county department, department, or agency has reason to believe that it would be dangerous to the child or to the parent if the child were placed with that person or adult relative.

373,64 Section 64. 48.357 (4d) (title) of the statutes is created to read:

48.357 (4d) (title) Prohibited placements based on homicide of parent.

373,65 Section 65. 48.357 (4d) (a) of the statutes is amended to read:

48.357 (4d) (a) Prohibition. 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 under s. 940.01 or 940.05, if the conviction has not been reversed, set aside, or vacated.

373,66 Section 66. 48.357 (4d) (am) of the statutes is amended to read:

48.357 (4d) (am) Change in placement required. 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 under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated, the court shall change the child's placement to a placement out of outside the home of the parent on petition of the child, the child's counsel or guardian ad litem, the guardian or legal custodian of the child, a the person or agency bound by primarily responsible for implementing 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.

373,67 Section 67. 48.357 (4d) (b) (title) of the statutes is created to read:

48.357 (4d) (b) (title) Exception.

373,68 Section 68. 48.357 (5m) of the statutes is amended to read:

48.357 (5m) Child support. (a) If a proposed change in placement changes would change a child's placement from a placement in the child's home to a placement outside the child's home, the court shall order the child's parent to provide a statement of the income, assets, debts, and living expenses of the child and the child's parent to the court or 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 that statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department under s. 49.22 (9) and the manner of its application established by the department under s. 49.345 (14) (g) and listing the factors that a court may consider under s. 49.345 (14) (c). If the child is placed outside the child's home, the court shall determine the liability of the parent in the manner provided in s. 49.345 (14).

(b) If the court orders the child's parent to provide a statement of the income, assets, debts, and living expenses of the child and the child's parent to the court or if the court orders the child's parent to provide that statement to the person or agency primarily responsible for implementing the dispositional order and that person or agency is not the county department or, in a county having a population of 500,000 750,000 or more, the department, the court shall also order the child's parent to provide that statement to the county department or, in a county having a population of 500,000 750,000 or more, the department by a date specified by the court. The county department or, in a county having a population of 500,000 750,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 500,000 750,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the child.

373,69 Section 69. 48.357 (5r) (title) of the statutes is created to read:

48.357 (5r) (title) Expectant mother; placement outside the home.

373,70 Section 70. 48.357 (6) (title) of the statutes is created to read:

48.357 (6) (title) Duration of order.

373,71 Section 71. 48.357 (6) (a) (intro.) of the statutes is amended to read:

48.357 (6) (a) (intro.) No change in placement may extend the expiration date of the original dispositional order, except that if the change in placement is from a placement in the child's home to a placement outside the home the court may extend the expiration date of the original dispositional order to the latest of the following dates, unless the court specifies a shorter period:

373,72 Section 72. 48.357 (6) (a) 1. of the statutes is amended to read:

48.357 (6) (a) 1. The date on which the child reaches attains 18 years of age.

373,73 Section 73. 48.357 (6) (a) 2. of the statutes is amended to read:

48.357 (6) (a) 2. The date that is one year after the date on which the change in placement change-in-placement order is entered granted.

373,74 Section 74. 48.357 (6) (a) 3. of the statutes is amended to read:

48.357 (6) (a) 3. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child reaches attains 19 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching attaining 19 years of age.

373,75 Section 75. 48.357 (6) (a) 4. of the statutes is amended to read:

48.357 (6) (a) 4. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child reaches attains 21 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the child. The court may not enter grant an order that terminates as provided in this subdivision unless the child is 17 years of age or older when the order is entered granted and the child, or the child's guardian on behalf of the child, agrees to the order. At any time after the child reaches attains 18 years of age, the child, or the child's guardian on behalf of the child, may request the court in writing to terminate the order and, on receipt of such a request, the court, without a hearing, shall terminate the order.

373,76 Section 76. 48.357 (6) (b) of the statutes is amended to read:

48.357 (6) (b) If the change in placement is from a placement outside the home to a placement in the child's home and if the expiration date of the original dispositional order is more than one year after the date on which the change in placement change-in-placement order is entered granted, the court shall shorten the expiration date of the original dispositional order to the date that is one year after the date on which the change in placement change-in-placement order is entered granted or to an earlier date as specified by the court.

373,77 Section 77. 48.358 (2) (a) of the statutes is amended to read:

48.358 (2) (a) Request or proposal. No trial reunification may occur without a court order. Only the person or agency primarily responsible for implementing the dispositional order may request the court to order a trial reunification. The request shall contain the name and address of the requested trial reunification home, a statement describing why the trial reunification is in the best interests of the child, and a statement describing how the trial reunification satisfies the objectives of the child's permanency plan. A request for a trial reunification may not be made on the sole grounds that an emergency condition necessitates an immediate removal of the child from his or her out-of-home placement. If an emergency condition necessitates such an immediate removal, the person or agency primarily responsible for implementing the dispositional order shall proceed as provided in s. 48.357 (2) (a).

373,78 Section 78. 48.36 (1) (a) of the statutes is amended to read:

48.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a consent decree under s. 48.32, a disposition made under s. 48.345, or by a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department or a county department, shall be determined under s. 49.345 (14). Support payments for residential services, when purchased or otherwise funded by the department of health services or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10 (14).

373,79 Section 79. 48.365 (5) (a) of the statutes is amended to read:

48.365 (5) (a) Except as provided in s. 48.368, an order under this section that continues the placement of a child in his or her home or that relates to an unborn child of an adult expectant mother shall be for a specified length of time not to exceed one year after the date on which the order is entered granted.

373,80 Section 80. 48.365 (5) (b) 1. of the statutes is amended to read:

48.365 (5) (b) 1. The date on which the child reaches attains 18 years of age.

373,81 Section 81. 48.365 (5) (b) 2. of the statutes is amended to read:

48.365 (5) (b) 2. The date that is one year after the date on which the order is entered granted.

373,82 Section 82. 48.365 (5) (b) 3. of the statutes is amended to read:

48.365 (5) (b) 3. The date on which the child is granted a high school or high school equivalency diploma or the date on which the child reaches attains 19 years of age, whichever occurs first, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching attaining 19 years of age.

373,83 Section 83. 48.365 (5) (b) 4. of the statutes is amended to read: