SB501: Bill Text

2. Permit a foster parent, treatment foster parent or certain other physical custodian to make a written or oral statement during the change in placement hearing. Current law refers only to "foster parents" and only permits them to submit a written statement prior to the hearing. This written statement alternative is retained under this bill. The new provision permitting foster parents, treatment foster parents or certain other physical custodians to make written or oral statements at hearings is not intended in any way to affect or eliminate the right to cross-examine those persons who appear as witnesses at a hearing.

SB501, s. 56 Section 56. 48.361 (2) (a) 1. of the statutes is amended to read:

SB501,58,9 48.361 (2) (a) 1. If a child's parent neglects, refuses or is unable to provide or refuses to provide court-ordered alcohol and other drug abuse services for the child through his or her health insurance or other 3rd-party payments, notwithstanding s. 48.36 (3), the judge may order the parent to pay for the court-ordered alcohol and drug abuse services. If the parent consents to provide court-ordered alcohol and other drug abuse services for a child 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 alcohol and other drug abuse services the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other drug abuse services in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.

Note: Provides that, with respect to court-ordered alcohol and other drug abuse services for a child, a judge may order the parent to pay for such services if the child's parent neglects, refuses or is unable to provide such services through his or her health insurance or other 3rd-party payments rather than if the child's parent refuses or is unable to do so.

SB501, s. 57 Section 57. 48.362 (3) of the statutes is amended to read:

SB501,58,21 48.362 (3) If a child's parent neglects, refuses or is unable to provide or refuses to provide court-ordered special treatment or care for the child through his or her health insurance or other 3rd-party payments, notwithstanding s. 48.36 (3), the judge 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 child 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 judge 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.

Note: Provides that, with respect to court-ordered special treatment or care for a child, a judge may order the parent to pay for such services if the child's parent neglects, refuses or is unable to provide such services through his or her health insurance or other 3rd-party payments rather than if the child's parent refuses or is unable to do so.

SB501, s. 58 Section 58. 48.363 (1) of the statutes is amended to read:

SB501,60,6 48.363 (1) A child, the child'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, child, the child's parent, guardian and legal custodian, all parties bound by the dispositional order, the child'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 child'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 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.

Note: Revises s. 48.363 (1), stats., relating to revision of a child's dispositional order that does not involve a change in placement, to require the juvenile court, if a hearing on the revision is held, to notify the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), stats., at least 3 days prior to the revision hearing. Current law requires only the child's parent, the child, the child's guardian, the child's legal custodian, all parties bound by the dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered to be so notified.

SB501, s. 59 Section 59. 48.365 (2) of the statutes is amended to read:

SB501,60,13 48.365 (2) No order may be extended without a hearing. The court shall notify the child or the child's guardian ad litem or counsel, the child's parent, guardian, legal custodian, all the parties present at the original hearing, the child'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.

Note: Revises s. 48.365 (2), stats., relating to extension of dispositional orders, to require the juvenile court to notify the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), stats., of the time and place of the hearing. Under current law (which requires a hearing before an extension may be ordered), the juvenile court is required to provide notice of an extension hearing to the child or the child's guardian ad litem or counsel, the child's parent, guardian and legal custodian, all parties present at the original dispositional hearing and the district attorney and corporation counsel in the county in which the dispositional order was entered.

SB501, s. 60 Section 60. 48.365 (2m) (ag) of the statutes is created to read:

SB501,61,3 48.365 (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 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 extension.

Note: Creates s. 48.365 (2m) (ag), stats., to permit a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), stats., to make a written or oral statement during an extension hearing, or to submit a written statement prior to an extension hearing, relevant to the issue of extension of a dispositional order.

SB501, s. 61 Section 61. 48.368 of the statutes is renumbered 48.368 (1).

SB501, s. 62 Section 62. 48.368 (2) of the statutes is created to read:

SB501,61,11 48.368 (2) If a child's placement with a guardian appointed under s. 48.977 (2) is designated by the court under s. 48.977 (3) as a permanent foster home or treatment foster home placement for the child while a dispositional order under s. 48.345, a revision order under s. 48.363 or an extension order under s. 48.365 is in effect with respect to the child, such dispositional order, revision order or extension order shall remain in effect until the earliest of the following occurs:

SB501,61,12 (a) The guardianship terminates under s. 48.977 (7).

SB501,61,13 (b) A court enters a change in placement order under s. 48.357.

SB501,61,15 (c) A court order terminates such dispositional order, revision order or extension order.

SB501,61,16 (d) The child attains the age of 18 years.

Note: Current s. 48.355 (4) (a), stats., provides that, except as provided in s. 48.368, stats., CHIPS dispositional orders, revision orders and extension orders terminate at the end of one year unless the juvenile court specifies a shorter period of time. This bill adds an exception to s. 48.368, stats., specifying that if a child's placement with a guardian appointed under s. 48.977 (2), stats., as created by this bill, is designated by the juvenile court as a permanent foster home or treatment foster home placement for a child while a dispositional order under s. 48.345, stats., a revision order under s. 48.363, stats., or an extension order under s. 48.365, stats., is in effect with respect to the child, that dispositional order, revision order or extension order shall remain in effect until the earliest of the following occurs: (1) the guardianship terminates under s. 48.977 (7), stats., as created by this bill; (2) a juvenile court enters a change in placement order under s. 48.357, stats.; (3) a juvenile court order terminates that dispositional order, revision order or extension order; or (4) the child attains the age of 18 years.

Federal regulations regarding provisions required in a state plan in order for the state to be eligible for federal IV-E funding for foster care payments provide an exception to the requirement of periodic hearings if a child is placed in a court-sanctioned permanent foster family home placement with a specific care giver [45 CFR 1356.21 (e) (intro.) and (1)].

SB501, s. 63 Section 63. 48.371 (intro.) (except 48.371 (title)) of the statutes is repealed.

SB501, s. 64 Section 64. 48.371 (1) and (2) of the statutes are renumbered 48.371 (1) (a) and (b) and amended to read:

SB501,62,12 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, if the child'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 of the confidentiality requirements under s. 252.15 (6).

SB501,62,17 (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 child caring institution receiving information under this subsection paragraph shall keep the information confidential.

SB501, s. 65 Section 65. 48.371 (1) (intro.) of the statutes is created to read:

SB501,63,4 48.371 (1) (intro.) If a child is placed in a foster home, treatment foster home, group home or child caring institution, 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 or operator of the group home or child caring institution 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, s. 66 Section 66. 48.371 (3) of the statutes is amended to read:

SB501,63,20 48.371 (3) Findings At the time of placement of a child in a foster home, treatment foster home, group home or child caring institution 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 or operator of the group home or child caring institution 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 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 mental, emotional, cognitive, developmental or behavioral disability of the child. The foster parent, treatment foster parent or operator of a group home or child caring institution receiving information under this subsection shall keep the information confidential.

Note: Amends current law as follows:

1. By additionally providing for disclosure of the information required to be disclosed under s. 48.371, stats., regarding children placed in a treatment foster home.

2. By additionally providing for disclosure of the information required to be disclosed under s. 48.371, stats., regarding children placed in substitute care under other circumstances under ch. 48, stats., such as children placed in substitute care under a voluntary agreement under s. 48.63, stats., children in an adoptive placement in a foster home or treatment foster home, children placed in substitute care pending a termination of parental rights dispositional hearing or children held in physical custody under s. 48.205, stats., or continued in physical custody under s. 48.21, stats., rather than restricting disclosure to cases in which children have been placed in substitute care by a CHIPS dispositional order or a change in placement order.

3. By providing for disclosure of HIV test results to the foster parent, treatment foster parent or operator of the group home or CCI without the consent of the child or the child's parent or guardian.

4. By requiring the agency that placed the child or arranged for the placement of the child with the substitute care provider to provide HIV and hepatitis B test results to the substitute care provider rather than requiring the agency that prepared the child's court report or permanency plan to do so.

5. By requiring that, at the time the agency provides the HIV test results to the foster parent, treatment foster parent or operator of the group home or CCI, the agency notify the substitute care provider about the confidentiality requirements under s. 252.15 (6), stats.

6. With respect to the disclosure of HIV and hepatitis B test results, by requiring disclosure not at the time a child is placed in substitute care, or within 30 days after the date of the placement if the information was not available at the time of placement, but rather at the time of placement and, if information is subsequently received, as soon as possible, but not later than 2 working days after the agency receives such information.

7. With respect to the disclosure of information in the court report or permanency plan relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to the mental, emotional, cognitive, developmental or behavioral disability of the child, by requiring disclosure not at the time a child is placed in such substitute care, or within 30 days after the date of the placement if the information was not available at the time of placement, but rather at the time of placement or, if the information is not available at that time, as soon as possible after the court report or permanency plan has been submitted, but not later than 7 days after such date.

SB501, s. 67 Section 67. 48.375 (4) (b) 3. of the statutes is amended to read:

SB501,65,2 48.375 (4) (b) 3. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, that a parent who has legal custody of the minor, or the minor's guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or a foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, has abused, as defined in s. 48.981 (1) (a), inflicted abuse on the minor. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record. The person who intends to perform or induce the abortion shall report the abuse as required under s. 48.981 (2).

Note: Reflects the creation of a definition of "abuse" in the general definitions section of ch. 48, stats., (s. 48.02 (1), stats., as created by this bill).

SB501, s. 68 Section 68. 48.38 (5) (c) 2. of the statutes is amended to read:

SB501,65,6 48.38 (5) (c) 2. The extent of compliance with the permanency plan by the agency and any other service providers, the child's parents and, the child and the child's guardian, if any.

Note: Currently, in a 6-month permanency plan review, the juvenile court (or juvenile court-appointed panel if the juvenile court elects not to review the plan) must, in addition to other listed determinations, make a determination relating to the extent of compliance with the permanency plan by the child's parents and the child. This Section requires that there also be a determination of the extent of compliance with the plan by the child's guardian, if any.

SB501, s. 69 Section 69. 48.396 (2) (dm) of the statutes is created to read:

SB501,65,18 48.396 (2) (dm) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.458 (1) or a party to a paternity proceeding under ss. 767.45 to 767.60, the party's attorney or the guardian ad litem for the child who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity under s. 891.405 or 891.41, the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records.

Note: Section 48.396, stats., provides that records of the juvenile court are not open to inspection or their contents disclosed except by order of the juvenile court or as permitted under s. 48.396 or 48.375 (7) (e), stats. This Section adds another exception by requiring a juvenile court, upon request of a family court, a IV-D attorney or the parties to a paternity proceeding under ch. 767, stats., their attorneys or the child's GAL, to open for inspection by the requester its records relating to the paternity of a child or to disclose to the requester those records.

SB501, s. 70 Section 70. 48.415 (1) (a) (intro.) of the statutes is amended to read:

SB501,66,3 48.415 (1) (a) (intro.) Abandonment may, which, subject to par. (c), shall be established by a showing proving that:

Note: Amends current law with respect to abandonment as a ground for involuntary TPR to require that abandonment be established by proving the elements specified in s. 48.415 (1) (a), stats. Similar changes were made in all other subsections of s. 48.415, stats., for all other grounds for involuntary TPR.

SB501, s. 71 Section 71. 48.415 (1) (a) 1m. of the statutes is created to read:

SB501,66,7 48.415 (1) (a) 1m. The child has been left by the parent without provision for the child's care or support in a place or manner that exposes the child to substantial risk of great bodily harm, as defined in s. 939.22 (14), or death;

Note: Under current law, s. 48.415 (1) (a), stats., provides that abandonment may be established by a showing of one of the 3 bases specified in s. 48.415 (1) (a) 1. to 3., stats., namely that:

1. The child has been left without provision for its care or support, the petitioner has investigated the circumstances surrounding the matter and for 60 days the petitioner has been unable to find either parent.

2. The child has been placed, or continued in a placement, outside the parent's home by a juvenile court order containing the notice required by s. 48.356 (2), stats., and the parent has failed to visit or communicate with the child for a period of 6 months or longer.

3. The child has been left by the parent with a relative or other person, the parent knows or could discover the whereabouts of the child and the parent has failed to visit or communicate with the child for a period of one year or longer.

The creation of s. 48.415 (1) (a) 1m., stats., provides an additional basis for establishing abandonment for a child who has been left without provision for its care or support in a place or manner that exposes the child to substantial risk of great bodily harm, as defined in s. 939.22 (14), stats., (bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury), or death.

SB501, s. 72 Section 72. 48.415 (1) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB501,67,2 48.415 (1) (a) 2. The child has been placed, or continued in a placement, outside the parent's home by a court order containing the notice required by s. 48.356 (2) or 938.356 (2) and the parent has failed to visit or communicate with the child for a period of 6 3 months or longer; or

Note: Provides that an element of this basis for establishing abandonment as a ground for involuntary TPR is that, with respect to a child who has been placed, or continued in a placement, outside the parent's home by a juvenile court order, the parent has failed to visit or communicate with the child for a period of 3 months or longer, rather than 6 months or longer.

SB501, s. 73 Section 73. 48.415 (1) (a) 3. of the statutes is amended to read:

SB501,67,7 48.415 (1) (a) 3. The child has been left by the parent with a relative or other any person other than the child's other parent, the parent knows or could discover the whereabouts of the child and the parent has failed to visit or communicate with the child for a period of one year 6 months or longer.

Note: Provides that an element of this basis for establishing abandonment as a ground for involuntary TPR is that the child has been left by the parent with any person other than the child's other parent, rather than with a relative or other person (which may include the child's other parent), and has failed to visit or communicate with the child for a period of 6 months or longer, rather than one year or longer.

SB501, s. 74 Section 74. 48.415 (1) (c) of the statutes is repealed and recreated to read:

SB501,67,10 48.415 (1) (c) Abandonment is not established under par. (a) 2. or 3. if the parent proves all of the following by a preponderance of the evidence:

SB501,67,12 1. That the parent had good cause for having failed to visit with the child throughout the time period specified in par. (a) 2. or 3., whichever is applicable.

SB501,67,14 2. That the parent had good cause for having failed to communicate with the child throughout the time period specified in par. (a) 2. or 3., whichever is applicable.

SB501,67,17 3. If the parent proves good cause under subd. 2., including good cause based on evidence that the child's age or condition would have rendered any communication with the child meaningless, that one of the following occurred:

SB501,68,2 a. The parent communicated about the child with the person or persons who had physical custody of the child during the time period specified in par. (a) 2. or 3., whichever is applicable, or, if par. (a) 2. is applicable, with the agency responsible for the care of the child during the time period specified in par. (a) 2.

SB501,68,6 b. The parent had good cause for having failed to communicate about the child with the person or persons who had physical custody of the child or the agency responsible for the care of the child throughout the time period specified in par. (a) 2. or 3., whichever is applicable.

Note: Deletes the provision allowing rebuttal of the presumption that abandonment has occurred based on evidence that the parent has not disassociated himself or herself from the child or relinquished responsibility for the child's care and well-being.

Provides that abandonment is not established under s. 48.415 (1) (a) 2. or 3., stats., if the parent proves by a preponderance of the evidence that he or she:

1. Had good cause for having failed to visit with the child throughout the time period specified in s. 48.415 (1) (a) 2. or 3., stats., whichever is applicable.

2. Had good cause for having failed to communicate with the child throughout the time period specified in s. 48.415 (1) (a) 2. or 3., stats., whichever is applicable.

3. If the parent proves good cause for having failed to communicate with the child, including good cause based on evidence that the child's age or condition would have rendered any communication with the child meaningless, that the parent either:

(a) Communicated about the child with the person or persons who had physical custody of the child during the time period specified in s. 48.415 (1) (a) 2. or 3., stats., whichever is applicable, or, if s. 48.415 (1) (a) 2., stats., is applicable, with the agency responsible for the care of the child during the time period specified in s. 48.415 (1) (a) 2., stats.

(b) Had good cause for having failed to communicate about the child with such person or persons or agency.

SB501, s. 75 Section 75. 48.415 (2) (intro.) of the statutes is amended to read:

SB501,68,10 48.415 (2) Continuing need of protection or services. (intro.) Continuing need of protection or services may, which shall be established by a showing of proving all of the following:

Note: Amends current law with respect to continuing need of protection or services as a ground for involuntary TPR to require that continuing need of protection or services be established by proving the elements specified in s. 48.415 (2), stats.

SB501, s. 76 Section 76. 48.415 (2) (b) of the statutes is renumbered 48.415 (2) (b) 2.

SB501, s. 77 Section 77. 48.415 (2) (b) 1. of the statutes is created to read:

SB501,69,2 48.415 (2) (b) 1. In this paragraph, "diligent effort" means an earnest and conscientious effort to take good faith steps to provide the services ordered by the court which takes into consideration the characteristics of the parent or child, the level of cooperation of the parent and other relevant circumstances of the case.

Note: Defines "diligent effort" for purposes of the requirement that there be proof that the agency responsible for the care of the child and the family has made a "diligent effort" to provide court-ordered services in order to establish continuing need of protection or services as a ground for involuntary TPR.

SB501, s. 78 Section 78. 48.415 (2) (c) of the statutes is amended to read:

SB501,69,12 48.415 (2) (c) That the child has been outside the home for a cumulative total period of one year or longer pursuant to such orders or, if the child had not attained the age of 3 years at the time of the initial order placing the child outside of the home, that the child has been outside the home for a cumulative total period of 6 months or longer pursuant to such orders; and that the parent has failed to demonstrate substantial progress toward meeting the conditions established for the return of the child to the home and there is a substantial likelihood that the parent will not meet these conditions within the 12-month period following the fact-finding hearing under s. 48.424.