Amendment SSA1-SB354

LRBs0552/1

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1995 - 1996 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, To 1995 SENATE BILL 354

March 12, 1996 - Offered by Committee on Judiciary.

SB354-SSA1,1,4 An Act to amend 48.293 (2), 48.295 (1), 48.295 (3), 48.33 (5), 48.355 (2) (b) 2., 48.357 (1), 48.357 (2m) and 48.78 (2) (a) of the statutes; relating to: removal of a child from a foster home, treatment foster home or certain other physical placements.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB354-SSA1, s. 1 Section 1. 48.293 (2) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB354-SSA1,2,2 48.293 (2) All records relating to a child which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with permission of the court. The court may instruct counsel not to disclose specified items in the materials to the child or , the parent or any other party if the court reasonably believes that the disclosure would be harmful to the interests of the child.

SB354-SSA1, s. 2 Section 2. 48.295 (1) of the statutes is amended to read:

SB354-SSA1,2,21 48.295 (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant an examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist or licensed psychologist, or by another expert appointed by the court holding at least a masters degree in social work or another related field of child development, in order that the child's physical, psychological, alcohol or other drug dependency, mental or developmental condition may be considered. The court may also order an examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian or legal custodian whose ability to care for a child is at issue before the court. The court shall hear any objections by the child, the child's parents, guardian or legal custodian or any other party to the request for such an examination or assessment before ordering the examination or assessment. The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.

SB354-SSA1, s. 3 Section 3. 48.295 (3) of the statutes is amended to read:

SB354-SSA1,3,2 48.295 (3) If the child or, a parent or any other party objects to a particular physician, psychiatrist, licensed psychologist or other expert as required under this section, the court shall appoint a different physician, psychiatrist, psychologist or other expert as required under this section.

SB354-SSA1, s. 4 Section 4. 48.33 (5) of the statutes is amended to read:

SB354-SSA1,3,14 48.33 (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 child'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 child's parent or, guardian or any other party if the court finds that disclosure would result in imminent danger to the child or to the foster parent or treatment foster parent. After notifying the child's parent or guardian, the court shall hold a hearing prior to ordering the information withheld.

SB354-SSA1, s. 5 Section 5. 48.355 (2) (b) 2. of the statutes is amended to read:

SB354-SSA1,4,2 48.355 (2) (b) 2. If the child is placed outside the home, the name of the place or facility, including transitional placements, where the child 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 the order. If, after a hearing on the issue with due notice to the parent or guardian, the judge finds that disclosure of the identity of the foster parent or treatment foster parent would result in imminent danger to the child, the foster parent or the treatment foster parent, the judge may order the name and address of the prospective foster parents or treatment foster parents withheld from the parent or , guardian or any other party.

SB354-SSA1, s. 6 Section 6. 48.357 (1) of the statutes is amended to read:

SB354-SSA1,5,17 48.357 (1) The person or agency primarily responsible for implementing the dispositional order 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 would be in the best interests of the child 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. 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 physical placement described in s. 48.62 (2) in which the child has been placed for a total of 4 or more years, the foster parent, treatment foster parent or other physical custodian may be represented by counsel, may request an examination or assessment of the child under s. 48.295 by an expert of the foster parent's, treatment foster parent's or other physical custodian's own choosing, may present evidence relative to the issue of placement, including expert testimony, may confront and cross-examine witnesses and may make alternative placement recommendations. In addition, counsel for the foster parent, treatment foster parent or other physical custodian may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child that are relevant to the issue of placement as provided under s. 48.293.

SB354-SSA1, s. 7 Section 7. 48.357 (2m) of the statutes is amended to read:

SB354-SSA1,7,5 48.357 (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 and why the new placement would be in the best interests of the child. 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. 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 physical placement described in s. 48.62 (2) in which the child has been placed for a total of 4 or more years, the foster parent, treatment foster parent or other physical custodian may be represented by counsel, may request an examination or assessment of the child under s. 48.295 by an expert of the foster parent's, treatment foster parent's or other physical custodian's own choosing, may present evidence relative to the issue of placement, including expert testimony, may confront and cross-examine witnesses and may make alternative placement recommendations. In addition, counsel for the foster parent, treatment foster parent or other physical custodian may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child that are relevant to the issue of placement as provided under s. 48.293.

SB354-SSA1, s. 8 Section 8. 48.78 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB354-SSA1,7,11 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under s. 48.357 (1) or (2m), 48.371, 48.38 (5) (b) or (d), 48.432, 48.433, 48.93 or 48.981 (7) or by order of the court.

SB354-SSA1, s. 9 Section 9. Initial applicability.

SB354-SSA1,7,14 (1) This act first applies to hearings under section 48.357 (1) or (2m) of the statutes, as affected by this act, held on the effective date of this subsection.

SB354-SSA1, s. 10 Section 10. Effective date.

SB354-SSA1,7,17 (1) This act takes effect on July 1, 1996 or on the day after publication, whichever is later.

SB354-SSA1,7,18 (End)