Amendment SSA1-SB284

Under current law, a permanency plan, which is a plan designed to ensure that a child is reunified with his or her family whenever appropriate or that the child quickly attains a placement or home providing long-term stability, must be prepared for a child who is living in a foster home, treatment foster home, group home, or residential care center for children and youth (RCC), whether under a voluntary agreement or an order of the juvenile court, or in the home of a relative under an order of the juvenile court. Currently, certain information from a child's permanency plan and certain medical information must be provided to the child's foster parent, treatment foster parent, or operator of the group home or RCC in which the child is placed at the time of placement. This information includes information relating to any mental, emotional, cognitive, developmental, or behavioral disability of the child; any involvement of the child in a criminal gang; any involvement of the child in any activities that are harmful to the child's physical, mental, or moral well-being; any involvement of the child, whether as victim or perpetrator, in certain sex crimes; the religious affiliation or belief of the child; the results of any tests of the child for human immunodeficiency virus or viral hepatitis, type B; and any other medical information concerning the child that is necessary for the care of the child

This substitute amendment requires the information to be provided also to a relative in whose home a child is placed and permits the information to be provided before the child is placed.

Status of relative following TPR

Under current law, a TPR order permanently severs all legal rights and duties between the parent whose parental rights have been terminated and the child. A TPR order also results in the legal severance of the relationship between the child and the child's entire family. State v. Margaret H., 234 Wis. 2d 606, 619 (2000).

This substitute amendment codifies that a TPR order permanently severs all legal rights and duties not only between the parent whose parental rights are terminated but also between all persons whose relationship to the child is derived through that parent except as follows:

1. The relationship between the child and his or her siblings is not severed until that relationship is extinguished by an order of adoption.

2. A relative whose relationship to the child is derived through the parent whose parental rights are terminated is considered to be a relative of the child for purposes of placement of, and permanency planning for, the child until that relationship is extinguished by an order of adoption.

Placement of a child for adoption

Under current law, if the parental rights of both parents or of the only living parent of a child are terminated, the juvenile court must do one of the following:

1. Transfer guardianship and custody of the child pending adoptive placement to a county department that is authorized to accept guardianship of a child, for purposes of placing a child for adoption, to a child welfare agency that is licensed to accept guardianship of a child and to place the child for adoption, to DHFS, to a relative with whom the child resides, or to an individual who has been appointed guardian of the child by a court of a foreign jurisdiction.

2. Transfer guardianship of the child to a county department, child welfare agency, or DHFS and custody of the child to a relative or to an individual in whose home the child has resided for at least 12 consecutive months immediately prior to the termination of parental rights (TPR).

This substitute amendment permits the juvenile court, following a TPR, to transfer guardianship and custody of a child to a county department of a county other than Milwaukee County for placement of the child for adoption by the child's foster parent or treatment foster parent, only if the county department has agreed to accept guardianship and custody of the child and the foster parent or treatment foster parent has agreed to adopt the child.

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

SB284-SSA1, s. 1 Section 1. 48.02 (15) of the statutes is amended to read:

SB284-SSA1,6,8 48.02 (15) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, or aunt. This relationship shall be, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce.

SB284-SSA1, s. 2 Section 2. 48.21 (1) (a) of the statutes is amended to read:

SB284-SSA1,6,23 48.21 (1) (a) If a child who has been taken into custody is not released under s. 48.20, a hearing to determine whether the child shall continue to be held in custody under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or a circuit court commissioner within 48 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays, and legal holidays. By the time of the hearing a petition under s. 48.25 shall be filed, except that no petition need be filed where a when the child is taken into custody under s. 48.19 (1) (b) or (d) 2. or 7. or where when the child is a runaway from another state, in which case a written statement of the reasons for holding a the child in custody shall be substituted if the petition is not filed. If no hearing has been held within 48 hours, excluding Saturdays, Sundays, and legal holidays, or if no petition or statement has been filed at the time of the hearing, the child shall be released except as provided in par. (b) pars. (b) and (bm). A parent not present at the hearing shall be granted a rehearing upon request for good cause shown.

SB284-SSA1, s. 3 Section 3. 48.21 (1) (b) of the statutes is renumbered 48.21 (1) (b) (intro.) and amended to read:

SB284-SSA1,7,6 48.21 (1) (b) (intro.) If no petition has been filed by the time of the hearing, a child may be held in custody with approval of the judge or circuit court commissioner for an additional 72 hours from the time of the hearing, excluding Saturdays, Sundays, and legal holidays, only if, as a result of the facts brought forth at the hearing, the judge or circuit court commissioner determines that probable cause exists to believe that any of the following:

SB284-SSA1,7,7 2. That the child is an imminent danger to himself or herself or to others, that.

SB284-SSA1,7,10 3. That probable cause exists to believe that the parent, guardian, or legal custodian of the child or other responsible adult is neglecting, refusing, unable, or unavailable to provide adequate supervision and care or, .

SB284-SSA1,7,20 4. That, if the child is an expectant mother who was taken into custody under s. 48.19 (1) (cm) or (d) 8., that probable cause exists to believe that there is a substantial risk that if the child expectant mother is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the child expectant mother's habitual lack of self-control in the use of alcohol beverages, controlled substances, or controlled substance analogs, exhibited to a severe degree, and to believe that the child expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The

SB284-SSA1,7,24 (bm) An extension under par. (b) may be granted only once for any petition. In the event of failure to file a petition within the extension period provided for in this paragraph par. (b), the judge or circuit court commissioner shall order the child's immediate release from custody.

SB284-SSA1, s. 4 Section 4. 48.21 (1) (b) 1. of the statutes is created to read:

SB284-SSA1,8,2 48.21 (1) (b) 1. That additional time is required to determine whether the filing of a petition initiating proceedings under this chapter is necessary.

SB284-SSA1, s. 5 Section 5. 48.371 (1) (intro.) of the statutes is amended to read:

SB284-SSA1,8,13 48.371 (1) (intro.) If a child is placed 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, including a placement under s. 48.205 or 48.21, the agency, as defined in s. 48.38 (1) (a), that placed the child or arranged for the placement of the child shall provide the following information to the foster parent, treatment foster parent, relative, or operator of the group home or residential care center for children and youth 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:

SB284-SSA1, s. 6 Section 6. 48.371 (1) (a) of the statutes is amended to read:

SB284-SSA1,8,21 48.371 (1) (a) Results of a test or a series of tests of the child 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, as provided under s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent, relative, or operator of the group home or residential care center for children and youth of the confidentiality requirements under s. 252.15 (6).

SB284-SSA1, s. 7 Section 7. 48.371 (1) (b) of the statutes is amended to read:

SB284-SSA1,9,2 48.371 (1) (b) Results of any tests of the child 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 residential care center for children and youth receiving information under this paragraph shall keep the information confidential.

SB284-SSA1, s. 8 Section 8. 48.371 (1) (c) of the statutes is amended to read:

SB284-SSA1,9,7 48.371 (1) (c) Any other medical information concerning the child that is necessary for the care of the child. The foster parent, treatment foster parent, or operator of a group home or residential care center for children and youth receiving information under this paragraph shall keep the information confidential.

SB284-SSA1, s. 9 Section 9. 48.371 (3) (intro.) of the statutes is amended to read:

SB284-SSA1,9,21 48.371 (3) (intro.) At the time of placement of a child 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 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. 48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, treatment foster parent, relative, or operator of the group home or residential care center for children and youth information contained in the court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2) or 48.837 (4) (c) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c) or 48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

SB284-SSA1, s. 10 Section 10. 48.371 (3) (a) of the statutes is amended to read:

SB284-SSA1,9,24 48.371 (3) (a) Any mental, emotional, cognitive, developmental, or behavioral disability of the child. The foster parent, treatment foster parent, or operator of a group home or residential care center for children and youth receiving information under this subsection shall keep the information confidential.

SB284-SSA1, s. 11 Section 11. 48.371 (3) (b) of the statutes is amended to read:

SB284-SSA1,10,8 48.371 (3) (b) Any involvement of the child in any criminal gang, as defined in s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group. The foster parent, treatment foster parent, or operator of a group home or residential care center for children and youth receiving information under this paragraph shall keep the information confidential.

SB284-SSA1, s. 12 Section 12. 48.371 (3) (c) of the statutes is amended to read:

SB284-SSA1,10,14 48.371 (3) (c) Any involvement of the child in any activities that are harmful to the child's physical, mental, or moral well-being. The foster parent, treatment foster parent, or operator of a group home or residential care center for children and youth receiving information under this paragraph shall keep the information confidential.

SB284-SSA1, s. 13 Section 13. 48.371 (3) (d) of the statutes is amended to read:

SB284-SSA1,10,24 48.371 (3) (d) Any involvement of the child, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, or 948.025, prostitution in violation of s. 944.30, sexual exploitation of a child in violation of s. 948.05, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the child or for the protection of any person living in the foster home, treatment foster home, group home, or residential care center for children and youth. The foster parent, treatment foster parent, or operator of a group home or residential care center for children and youth receiving information under this paragraph shall keep the information confidential.

SB284-SSA1, s. 14 Section 14. 48.371 (4) of the statutes is created to read:

SB284-SSA1,11,7 48.371 (4) Subsection (1) does not preclude an agency, as defined in s. 48.38 (1) (a), that is arranging for the placement of a child from providing the information specified in sub. (1) (a) to (c) to a person specified in sub. (1) (intro.) before the time of placement of the child. Subsection (3) does not preclude an agency, as defined in s. 48.38 (1) (a), responsible for preparing a child's court report or permanency plan from providing the information specified in sub. (3) (a) to (e) to a person specified in sub. (3) (intro.) before the time of placement of the child.

SB284-SSA1, s. 15 Section 15. 48.371 (5) of the statutes is created to read:

SB284-SSA1,11,14 48.371 (5) Except as permitted under s. 252.15 (6), a foster parent, treatment foster parent, relative, or operator of a group home or residential care center for children and youth that receives any information under sub. (1) or (3), other than the information described in sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the child or participating in a court hearing or permanency plan review concerning the child.

SB284-SSA1, s. 16 Section 16. 48.425 (1) (f) of the statutes is amended to read:

SB284-SSA1,11,22 48.425 (1) (f) If the report recommends that the parental rights of both of the child's parents or the child's only living or known parent are to be terminated, the report shall contain a statement of the likelihood that the child will be adopted. This statement shall be prepared by an agency designated in s. 48.427 (3m) (a) 1. to 4. or (am) and include a presentation of the factors which that might prevent adoption, those which that would facilitate it adoption, and the agency which that would be responsible for accomplishing the adoption.

SB284-SSA1, s. 17 Section 17. 48.425 (1) (g) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB284-SSA1,12,8 48.425 (1) (g) If an agency designated under s. 48.427 (3m) (a) 1. to 4. or (am) determines that it is unlikely that the child will be adopted, or if adoption would not be in the best interests of the child, the report shall include a plan for placing the child in a permanent family setting. The plan shall include a recommendation as to the agency to be named guardian of the child, a recommendation that the person appointed as the guardian of the child under s. 48.977 (2) continue to be the guardian of the child, or a recommendation that a guardian be appointed for the child under s. 48.977 (2).

SB284-SSA1, s. 18 Section 18. 48.427 (3m) (a) 1. of the statutes is amended to read:

SB284-SSA1,12,11 48.427 (3m) (a) 1. A county department authorized to accept guardianship under s. 48.57 (1) (e) or (hm).

SB284-SSA1, s. 19 Section 19. 48.427 (3m) (am) of the statutes is created to read:

SB284-SSA1,12,17 48.427 (3m) (am) Transfer guardianship and custody of the child to a county department authorized to accept guardianship under s. 48.57 (1) (hm) for placement of the child for adoption by the child's foster parent or treatment foster parent, if the county department has agreed to accept guardianship and custody of the child and the foster parent or treatment foster parent has agreed to adopt the child.

SB284-SSA1, s. 20 Section 20. 48.428 (2) (a) of the statutes is amended to read:

SB284-SSA1,13,3 48.428 (2) (a) Except as provided in par. (b), when a court places a child in sustaining care after an order under s. 48.427 (4), the court shall transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am) and place the child in the home of a licensed foster parent, licensed treatment foster parent, or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent, licensed treatment foster parent, or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3).

SB284-SSA1, s. 21 Section 21. 48.428 (2) (b) of the statutes is amended to read:

SB284-SSA1,13,16 48.428 (2) (b) When a court places a child in sustaining care after an order under s. 48.427 (4) with a person who has been appointed as the guardian of the child under s. 48.977 (2), the court may transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am) and place the child in the home of a licensed foster parent, licensed treatment foster parent, or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, that licensed foster parent, licensed treatment foster parent, or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3). If the court transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am), the court shall terminate the guardianship under s. 48.977.

SB284-SSA1, s. 22 Section 22. 48.43 (2) of the statutes is renumbered 48.43 (2) (intro.) and amended to read:

SB284-SSA1,13,22 48.43 (2) (intro.) An order terminating parental rights permanently severs all legal rights and duties between the parent whose parental rights are terminated and the child. and between the child and all persons whose relationship to the child is derived through that parent, except as follows:

SB284-SSA1, s. 23 Section 23. 48.43 (2) (a) of the statutes is created to read:

SB284-SSA1,14,3 48.43 (2) (a) The relationship between the child and his or her siblings is not severed until that relationship is extinguished by an order of adoption as provided in s. 48.92 (2).

SB284-SSA1, s. 24 Section 24. 48.43 (2) (b) of the statutes is created to read:

SB284-SSA1,14,8 48.43 (2) (b) A relative whose relationship to the child is derived through the parent whose parental rights are terminated is considered to be a relative of the child for purposes of placement of, and permanency planning for, the child until that relationship is extinguished by an order of adoption as provided in s. 48.92 (2).

SB284-SSA1, s. 25 Section 25. 48.43 (5) (c) of the statutes is amended to read:

SB284-SSA1,14,18 48.43 (5) (c) Following the hearing, the court shall make all of the determinations specified under s. 48.38 (5) (c), except the determinations relating to the child's parents. The court may amend the order under sub. (1) to transfer the child's guardianship and custody to any agency specified under s. 48.427 (3m) (a) 1. to 4. which or (am) that consents to the transfer, if the court determines that the transfer is in the child's best interest. If an order is amended, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order.

SB284-SSA1, s. 26 Section 26. 48.57 (3m) (a) 2. of the statutes is amended to read:

SB284-SSA1,14,25 48.57 (3m) (a) 2. "Kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce relative other than a parent.

SB284-SSA1, s. 27 Section 27. 48.57 (3n) (a) 2. of the statutes is amended to read:

SB284-SSA1,15,7 48.57 (3n) (a) 2. "Long-term kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce relative other than a parent.

SB284-SSA1, s. 28 Section 28. 48.62 (2) of the statutes is amended to read:

SB284-SSA1,15,23 48.62 (2) A relative as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a) or a guardian of a child, who provides care and maintenance for a the child, is not required to obtain the license specified in this section. The department, county department, or licensed child welfare agency as provided in s. 48.75 may issue a license to operate a foster home or a treatment foster home to a relative who has no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster home or treatment foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department, or a licensed child welfare agency may, at the request of a guardian appointed under s. 48.977 or 48.978 or ch. 880, license the guardian's home as a foster home or treatment foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives with no duty of support and guardians appointed under s. 48.977 or 48.978 or ch. 880 who are licensed to operate foster homes or treatment foster homes are subject to the department's licensing rules.

SB284-SSA1, s. 29 Section 29. 48.65 (2) (a) of the statutes is amended to read:

SB284-SSA1,16,3 48.65 (2) (a) A relative or parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt of a child, whether by blood, marriage, or legal adoption, who provides care and supervision for the child.

SB284-SSA1,16,4 (am) A guardian of a child who provides care and supervision for the child.

SB284-SSA1, s. 30 Section 30. 48.75 (1g) (a) 1. of the statutes is amended to read:

SB284-SSA1,16,8 48.75 (1g) (a) 1. The person who will be licensed to operate the foster home is a relative, as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a) 2. a., or a guardian of the child who will be placed in the foster home.

SB284-SSA1, s. 31 Section 31. 48.92 (2) of the statutes is amended to read:

SB284-SSA1,16,22 48.92 (2) After the order of adoption is entered the relationship of parent and child between the adopted person and the adopted person's birth parents , unless the birth parent is the spouse of the adoptive parent, and the relationship between the adopted person and all persons whose relationship to the adopted person is derived through those birth parents shall be completely altered and all the rights, duties, and other legal consequences of the relationship those relationships shall cease to exist, unless the birth parent is the spouse of the adoptive parent, in which case those relationships shall be completely altered and those rights, duties, and other legal consequences shall cease to exist only with respect to the birth parent who is not the spouse of the adoptive parent and all persons whose relationship to the adopted person is derived through that birth parent. Notwithstanding the extinction of all parental rights under this subsection, a court may order reasonable visitation under s. 48.925.

SB284-SSA1, s. 32 Section 32. 48.981 (1) (d) of the statutes is amended to read:

SB284-SSA1,17,3 48.981 (1) (d) "Neglect" means failure, refusal or inability on the part of a parent, guardian, legal custodian or other person exercising temporary or permanent control over a child caregiver, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child.

SB284-SSA1, s. 33 Section 33. 48.981 (1) (fm) of the statutes is repealed.

SB284-SSA1, s. 34 Section 34. 48.981 (3) (a) 2. of the statutes is renumbered 48.981 (3) (a) 2. (intro.) and amended to read:

SB284-SSA1,17,11 48.981 (3) (a) 2. (intro.) The sheriff or police department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department all of the following types of cases reported to it. the sheriff or police department:

SB284-SSA1,17,14 2g. The county department, department, or licensed child welfare agency may require that a subsequent report of a case referred under subd. 2. or 2d. be made in writing.

SB284-SSA1, s. 35 Section 35. 48.981 (3) (a) 2. a. of the statutes is created to read:

SB284-SSA1,17,17 48.981 (3) (a) 2. a. Cases in which a caregiver is suspected of abuse or neglect or of threatened abuse or neglect of a child.