Amendment SA2-SB501

SB501-SA2,9,9 938.356 (1) Whenever the court orders a juvenile to be placed outside his or her home or denies a parent visitation because the juvenile has been adjudged to be in need of protection or services under s. 938.345, 938.357, 938.363 or 938.365, the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the juvenile to be returned to the home or for the parent to be granted visitation.

SB501-SA2,9,12 (2) In addition to the notice required under sub. (1), any written order which places a juvenile outside the home or denies visitation under sub. (1) shall notify the parent or parents of the information specified under sub. (1).

SB501-SA2, s. 147r Section 147r. 938.357 (1) and (2m) of the statutes, as created by 1995 Wisconsin Act 77, are amended to read:

SB501-SA2,9,25 938.357 (1) The person or agency primarily responsible for implementing the dispositional order or the district attorney may request a change in the placement of the juvenile, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the juvenile or the juvenile's counsel or guardian ad litem, parent, foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), guardian and legal custodian. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the specific foster or treatment foster placement under s. 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 shall not be changed until 10 days after such 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 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 juvenile 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 juvenile and the requested change in placement.

SB501-SA2,11,16 (2m) The juvenile, the parent, guardian , or legal custodian of the juvenile or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which affects the advisability of the current placement. This request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion. The court shall hold a hearing on the matter prior to ordering any change in placement under this subsection if the request states that new information is available which affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) and the court approves. If a hearing is scheduled, the court shall notify the juvenile, the parent, foster 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 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 juvenile 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 juvenile and the requested change in placement.

SB501-SA2, s. 147s Section 147s. 938.361 (2) (a) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB501-SA2,12,6 938.361 (2) (a) 1. If a juvenile's parent neglects, refuses or is unable to provide or refuses to provide court-ordered alcohol and other drug abuse services for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding s. 938.36 (3) the court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal court may order the parent to pay for the alcohol and drug abuse services. If the parent consents to provide alcohol and other drug abuse services for a juvenile through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the alcohol and other drug abuse services the court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal court may order the health insurance provider or 3rd-party payer to pay for the alcohol and other drug abuse services in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.

SB501-SA2, s. 147t Section 147t. 938.362 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB501-SA2,12,19 938.362 (3) If a juvenile's parent neglects, refuses or is unable to provide or refuses to provide court-ordered special treatment or care for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding s. 938.36 (3), the court may order the parent to pay for the court-ordered special treatment or care. If the parent consents to provide court-ordered special treatment or care for a juvenile through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.

SB501-SA2, s. 147u Section 147u. 938.363 (1) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB501-SA2,14,2 938.363 (1) A juvenile, the juvenile's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the parent, juvenile, the juvenile's parent, guardian and legal custodian, all parties bound by the dispositional order, the juvenile's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and social services under s. 46.25 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under s. 938.34 (3) (f) or (6) (am) to impose more than 30 days of detention, nonsecure custody or inpatient treatment on a child.

SB501-SA2, s. 147v Section 147v. 938.363 (1m) of the statutes is created to read:

SB501-SA2,14,9 938.363 (1m) If a hearing is held under sub. (1), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall permit a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of revision.

SB501-SA2, s. 147w Section 147w. 938.365 (2) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB501-SA2,14,17 938.365 (2) No order may be extended without a hearing. The court shall notify the juvenile or the juvenile's guardian ad litem or counsel, the juvenile's parent, guardian, legal custodian, all of the parties present at the original hearing, the juvenile's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered of the time and place of the hearing.

SB501-SA2, s. 147x Section 147x. 938.365 (2m) (ag) of the statutes is created to read:

SB501-SA2,14,23 938.365 (2m) (ag) In addition to any evidence presented under par. (a), the court shall permit a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension.

SB501-SA2, s. 147y Section 147y. 938.371 (intro.) (except 938.371 (title)) of the statutes, as created by 1995 Wisconsin Act 77, is repealed.

SB501-SA2, s. 147ym Section 147ym. 938.371 (1) and (2) of the statutes, as created by 1995 Wisconsin Act 77, are renumbered 938.371 (1) (a) and (b) and amended to read:

SB501-SA2,15,12 938.371 (1) (a) Results of a test or a series of tests of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, if the juvenile's parent or a temporary or permanent guardian appointed by the court has consented to the test under s. 252.15 (2) (a) 4. b. and release of the test results as provided under s. 252.15 (5) (a) 19. and, including results included in a court report or permanency plan. At the time that the test results are provided, the agency directed to prepare the permanency plan notifies shall notify the foster parent, treatment foster parent or operator of the group home or, child caring institution or secured correctional facility of the confidentiality requirements under s. 252.15 (6).

SB501-SA2,15,17 (b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent or operator of a group home or, child caring institution or secured correctional facility receiving information under this subsection paragraph shall keep the information confidential.

SB501-SA2, s. 147z Section 147z. 938.371 (1) (intro.) of the statutes is created to read:

SB501-SA2,16,2 938.371 (1) (intro.) If a juvenile is placed in a foster home, treatment foster home, group home, child caring institution or secured correctional facility, including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, treatment foster parent or operator of the group home, child caring institution or secured correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

SB501-SA2, s. 147zc Section 147zc. 938.371 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB501-SA2,16,19 938.371 (3) Findings At the time of placement of a juvenile in a foster home, treatment foster home, group home, child caring institution or secured correctional facility or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a), responsible for preparing the juvenile's permanency plan shall provide to the foster parent, treatment foster parent or operator of the group home, child caring institution or secured correctional facility information contained in the court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any mental, emotional, cognitive, developmental or behavioral disability of the juvenile. The foster parent, treatment foster parent or operator of a group home or, child caring institution or secured correctional facility receiving information under this subsection shall keep the information confidential.

SB501-SA2, s. 147zm Section 147zm. 938.38 (5) (c) 2. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB501-SA2,16,24 938.38 (5) (c) 2. The extent of compliance with the permanency plan by the agency and any other service providers, the juvenile's parents and, the juvenile and the juvenile's guardian, if any.".

SB501-SA2,17,2 11. Page 114, line 8: delete "and 48.415 (4)" and substitute ", 48.415 (4) and 938.356 (1) and (2)".

SB501-SA2,17,4 12. Page 116, line 5: delete "section" and substitute "sections"; and after "(11m)" insert "and 938.13 (4)".

SB501-SA2,17,5 13. Page 116, line 6: after "48.255" insert "or 938.255".

SB501-SA2,17,7 14. Page 116, line 11: delete "section" and substitute "sections"; and after "(b)" insert "and 938.21 (1) (b)".

SB501-SA2,17,8 (End)