LRB-3768/1
GMM:skg:km
1995 - 1996 LEGISLATURE
May 16, 1995 - Introduced by Senators Huelsman and Darling, cosponsored by
Representative Vrakas. Referred to Committee on Judiciary.
SB209,1,4 1An Act to amend 48.357 (1) and 48.357 (2m); and to create 808.07 (2m) of the
2statutes; relating to: staying the execution or enforcement of an order
3changing the placement of a child pending final resolution of an appeal of that
4order.
Analysis by the Legislative Reference Bureau
Under current law, an appeal of a trial court order does not stay the execution
or enforcement of the order appealed from unless the trial court or an appellate court,
in its discretion, stays execution or enforcement of the order during the pendency of
the appeal. This bill requires a court assigned to exercise jurisdiction under the
children's code (juvenile court) or an appellate court to stay execution or enforcement
of an order of the juvenile court changing the placement of a child who has been found
to be in need of protection or services and who has been placed in the home of a foster
parent or treatment foster parent for 2 or more years if the foster parent or treatment
foster parent appeals that change in placement. Under the bill, the juvenile court
or appellate court must grant the stay, which lasts until final disposition of the
appeal, unless the juvenile court finds that the child is in immediate danger from his
or her surroundings in the home of the foster parent or treatment foster parent and
that removal from those surroundings is necessary.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB209, s. 1 5Section 1. 48.357 (1) of the statutes is amended to read:
SB209,3,46 48.357 (1) The person or agency primarily responsible for implementing the
7dispositional order may request a change in the placement of the child, whether or

1not the change requested is authorized in the dispositional order and shall cause
2written notice to be sent to the child or the child's counsel or guardian ad litem,
3parent, foster parent, treatment foster parent, guardian and legal custodian. The
4notice shall contain the name and address of the new placement, the reasons for the
5change in placement, a statement describing why the new placement is preferable
6to the present placement and a statement of how the new placement satisfies
7objectives of the treatment plan ordered by the court. Any person receiving the notice
8under this subsection or notice of the specific foster or treatment foster placement
9under s. 48.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection
10with the court within 10 days of receipt of the notice. Placements shall not be
11changed until 10 days after such notice is sent to the court unless the parent,
12guardian or legal custodian and the child, if 12 or more years of age, sign written
13waivers of objection, except that placement changes which were authorized in the
14dispositional order may be made immediately if notice is given as required in this
15subsection. In addition, a hearing is not required for placement changes authorized
16in the dispositional order except where an objection filed by a person who received
17notice alleges that new information is available which affects the advisability of the
18court's dispositional order. If a hearing is held under this subsection and the change
19in placement would remove a child from a foster home or treatment foster home, the
20foster parent or treatment foster parent may submit a written statement prior to the
21hearing. If the court orders a child to be removed from a foster home or treatment
22foster home, the foster parent or treatment foster parent may appeal that order as
23provided in s. 809.30. If a foster parent or treatment foster parent with whom a child
24has been placed under s. 48.345 for 2 or more years appeals an order removing the
25child from the foster home or treatment foster home, the court shall stay execution

1or enforcement of that order until final disposition of the appeal, unless the court
2finds that the child is in immediate danger from his or her surroundings in the foster
3home or treatment foster home and that removal from those surroundings is
4necessary.
SB209, s. 2 5Section 2. 48.357 (2m) of the statutes is amended to read:
SB209,4,86 48.357 (2m) The child, parent, guardian, legal custodian or any person or
7agency primarily bound by the dispositional order, other than the person or agency
8responsible for implementing the order, may request a change in placement under
9this subsection. The request shall contain the name and address of the place of the
10new placement requested and shall state what new information is available which
11affects the advisability of the current placement. This request shall be submitted to
12the court. In addition, the court may propose a change in placement on its own
13motion. The court shall hold a hearing on the matter prior to ordering any change
14in placement under this subsection if the request states that new information is
15available which affects the advisability of the current placement, unless written
16waivers of objection to the proposed change in placement are signed by all parties
17entitled to receive notice under sub. (1) and the court approves. If a hearing is
18scheduled, the court shall notify the child, parent, foster parent, treatment foster
19parent,
guardian, legal custodian and all parties who are bound by the dispositional
20order at least 3 days prior to the hearing. A copy of the request or proposal for the
21change in placement shall be attached to the notice. If all the parties consent, the
22court may proceed immediately with the hearing. If a hearing is held under this
23subsection and the change in placement would remove a child from a foster home or
24treatment foster home
, the foster parent or treatment foster parent may submit a
25written statement prior to the hearing. If the court orders a child to be removed from

1a foster home or treatment foster home, the foster parent or treatment foster parent
2may appeal that order as provided in s. 809.30. If a foster parent or treatment foster
3parent with whom a child has been placed under s. 48.345 for 2 or more years appeals
4an order removing the child from the foster home or treatment foster home, the court
5shall stay execution or enforcement of that order until final disposition of the appeal,
6unless the court finds that the child is in immediate danger from his or her
7surroundings in the foster home or treatment foster home and that removal from
8those surroundings is necessary.
SB209, s. 3 9Section 3. 808.07 (2m) of the statutes is created to read:
SB209,4,1810 808.07 (2m) Change in child's placement; automatic stay. If a foster parent
11or treatment foster parent appeals an order under s. 48.357 (1) or (2m) changing the
12placement of a child who has been placed in the home of the foster parent or
13treatment foster parent for 2 or more years under s. 48.345, the court assigned to
14exercise jurisdiction under ch. 48 or an appellate court shall stay execution or
15enforcement of that order until final disposition of the appeal, unless either court
16finds that the child is in immediate danger from his or her surroundings in the home
17of the foster parent or treatment foster parent and that removal from those
18surroundings is necessary.
SB209, s. 4 19Section 4. Initial applicability.
SB209,4,2120 (1) This act first applies to orders under section 48.357 (1) or (2m) of the
21statutes, as affected by this act, granted on the effective date of this subsection.
SB209, s. 5 22Section 5. Effective date.
SB209,4,2323 (1) This act takes effect retroactively to May 22, 1995.
SB209,4,2424 (End)
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