SB601: Bill Text

SB601,36,24 48.63 (4) A permanency plan under s. 48.38 is required for each child placed in a foster home or treatment foster home under sub. (1). If the child is living in a foster home or treatment foster home under a voluntary agreement, the agency that negotiated or acted as intermediary for the placement shall prepare the permanency plan within 60 days after the placement. A copy of each plan shall be provided to the child if he or she is 12 years of age or over and to the child's parent or guardian. If the agency which arranged the voluntary placement intends to seek a court order to place the child outside of his or her home at the expiration of the voluntary placement, the agency shall prepare a revised permanency plan and file that revised plan with the court prior to the date of the hearing on the proposed placement.

SB601, s. 101 Section 101. 48.64 (title) of the statutes is amended to read:

SB601,37,2 48.64 (title) Placement of children in foster homes, treatment foster homes and group homes.

SB601, s. 102 Section 102. 48.64 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,37,8 48.64 (1) Definition. In this section, "agency" means the department of health and family services, the department of corrections, a county department or a licensed child welfare agency authorized to place children in foster homes or treatment foster homes.

SB601, s. 103 Section 103. 48.64 (1m) of the statutes is amended to read:

SB601,37,24 48.64 (1m) (title) Foster home, treatment foster home and group home agreements. If an agency places a child in a foster home or treatment foster home under a court order or voluntary agreement under s. 48.63, the agency shall enter into a written agreement with the head of the home. The agreement shall provide that the agency shall have access at all times to the child and the home, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require it. If a child has been in a foster home, treatment foster home or group home for 6 months or more, the agency shall give the head of the home written notice of intent to remove the child, stating the reasons for the removal. The child shall not be removed before completion of the hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice, whichever is later, unless the safety of the child requires it. If the safety of the child requires earlier removal, s. 48.19 shall apply. If an agency removes a child from an adoptive placement, the head of the home shall have no claim against the placing agency for the expense of care, clothing or medical treatment.

SB601, s. 104 Section 104. 48.64 (2) of the statutes is amended to read:

SB601,38,3 48.64 (2) (title) Supervision of foster home, treatment foster home and group home placements. Every child in a foster home, treatment foster home or group home shall be under the supervision of an agency.

SB601, s. 105 Section 105. 48.64 (4) (a) of the statutes is amended to read:

SB601,39,11 48.64 (4) (a) Any decision or order issued by an agency that affects the head of a foster, treatment foster home or group home or the children involved may be appealed to the department under fair hearing procedures established under department rules. The department shall, upon receipt of an appeal, give the head of the home reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department or child welfare agency that issued the decision or order. Each person receiving notice is entitled to be represented at the hearing. At all hearings conducted under this subsection, the head of the home, or a representative of the head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

SB601, s. 106 Section 106. 48.64 (4) (c) of the statutes is amended to read:

SB601,39,20 48.64 (4) (c) The circuit court for the county where the child is placed has jurisdiction upon petition of any interested party over a child who is placed in a foster home, treatment foster home or group home. The circuit court may call a hearing, at which the head of the home and the supervising agency under sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home, the foster parent may present relevant evidence at the hearing. The court shall determine the case so as to promote the best interests of the child.

SB601, s. 107 Section 107. Subchapter XVI (title) of chapter 48 [precedes 48.66] of the statutes is amended to read:

SB601,39,23 CHAPTER 48

SB601,40,4 SUBCHAPTER XVI LICENSING PROCEDURES AND REQUIREMENTS FOR CHILD WELFARE AGENCIES, FOSTER HOMES, TREATMENT FOSTER HOMES, GROUP HOMES, DAY CARE CENTERS AND COUNTy DEPARtMENTS

SB601, s. 108 Section 108. 48.66 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,40,17 48.66 (1) The department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 48.48 and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody children who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those children.

SB601, s. 109 Section 109. 48.67 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,41,4 48.67 (title) Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. These rules shall be designed to protect and promote the health, safety and welfare of the children in the care of all licensees. The department shall consult with the department of commerce and the department of education before promulgating these rules.

SB601, s. 110 Section 110. 48.675 (1) of the statutes is amended to read:

SB601,41,10 48.675 (1) Development of program. The department shall develop a foster care education program to provide specialized training for persons operating family foster homes or treatment foster homes. Participation in the program shall be voluntary and shall be limited to persons operating foster homes or treatment foster homes licensed under s. 48.62 and caring for children with special treatment needs.

SB601, s. 111 Section 111. 48.675 (2) of the statutes is amended to read:

SB601,41,21 48.675 (2) Approval of programs. The department shall promulgate rules for approval of programs to meet the requirements of this section. Such programs may include, but need not be limited to: in-service training; workshops and seminars developed by the department or by county departments; seminars and courses offered through public or private education agencies; and workshops, seminars and courses pertaining to behavioral and developmental disabilities and to the development of mutual support services for foster parents and treatment foster parents. The department may approve programs under this subsection only after consideration of relevant factors including level of education, useful or necessary skills, location and other criteria as determined by the department.

SB601, s. 112 Section 112. 48.675 (3) (intro.) of the statutes is amended to read:

SB601,42,2 48.675 (3) Support services. (intro.) The department shall provide funds from the appropriations under s. 20.435 (3) (ho) and (6) (a) to enable foster parents and treatment foster parents to attend education programs approved under sub. (2) and shall promulgate rules concerning disbursement of the funds. Moneys disbursed under this subsection may be used for the following purposes:

SB601, s. 113 Section 113. 48.675 (3) (a) of the statutes is amended to read:

SB601,42,5 48.675 (3) (a) Care of residents of the foster home or treatment foster home during the time of participation in an education program.

SB601, s. 114 Section 114. 48.70 (2) of the statutes is amended to read:

SB601,42,11 48.70 (2) Special provisions for child welfare agency licenses. A license to a child welfare agency shall also specify the kind of child welfare work the agency is authorized to undertake, whether the agency may accept guardianship of children, whether the agency may place children in foster homes or treatment foster homes, and if so, the area the agency is equipped to serve.

SB601, s. 115 Section 115. 48.73 of the statutes is amended to read:

SB601,42,16 48.73 Inspection of licensees. The department may visit and inspect each child welfare agency, foster home, treatment foster home, group home and day care center licensed by it, and for such purpose shall be given unrestricted access to the premises described in the license.

SB601, s. 116 Section 116. 48.75 (title) of the statutes is amended to read:

SB601,42,19 48.75 (title) Foster homes and treatment foster homes licensed by county departments and by child welfare agencies.

SB601, s. 117 Section 117. 48.75 (1) of the statutes is amended to read:

SB601,43,5 48.75 (1) Child welfare agencies, if licensed to do so by the department, and county departments may license foster homes and treatment foster homes under the rules promulgated by the department under s. 48.67 governing the licensing of foster homes and treatment foster homes. A foster home or treatment foster home license shall be issued for a term not to exceed 2 years from the date of issuance, is not transferable and may be revoked by the child welfare agency or by the county department because the licensee has substantially and intentionally violated any provision of this chapter or of the rules of the department promulgated pursuant to s. 48.67 or because the licensee fails to meet the minimum requirements for a license. The licensee shall be given written notice of any revocation and the grounds therefor.

SB601, s. 118 Section 118. 48.75 (2) of the statutes is amended to read:

SB601,43,9 48.75 (2) Any foster home or treatment foster home applicant or licensee of a county department or a child welfare agency may, if aggrieved by the failure to issue or renew its license or by revocation of its license, appeal as provided in s. 48.72.

SB601, s. 119 Section 119. 48.831 (title) of the statutes is amended to read:

SB601,43,12 48.831 (title) Appointment of guardian for child without a living parent for adoptability finding.

SB601, s. 120 Section 120. 48.831 (1) of the statutes is amended to read:

SB601,43,20 48.831 (1) Type of guardianship. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the adoptability of a child is sought. Chapter Except as provided in s. 48.977, ch. 880 applies to the appointment of a guardian for a child who does not have a living parent for all other purposes. An appointment of a guardian of the estate of a child who does not have a living parent shall be conducted in accordance with the procedures specified in ch. 880.

SB601, s. 121 Section 121. 48.833 of the statutes is amended to read:

SB601,44,8 48.833 Placement of children for adoption by the department, county departments and child welfare agencies. The department, a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department under s. 48.57 (1) (e) or (hm) or the child welfare agency is the guardian of the child or makes the placement at the request of another agency which is the guardian of the child. When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department, county department or child welfare agency making the placement shall enter into a written agreement with the adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the adoptive parent.

SB601, s. 122 Section 122. 48.837 (1) of the statutes is amended to read:

SB601,44,13 48.837 (1) Adoptive placement. A parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement of the child for adoption in the home of a person who is not a relative of the child if the home is licensed as a foster home or treatment foster home under s. 48.62.

SB601, s. 123 Section 123. 48.975 (3) (a) of the statutes is amended to read:

SB601,44,20 48.975 (3) (a) Maintenance. For support of a child who was in foster care or treatment foster care immediately prior to adoption, the adoption assistance for maintenance shall be equivalent to the amount of that child's foster care or treatment foster care payment. For support of a child not in foster care or treatment foster care immediately prior to placement with a subsidy, the adoption assistance for maintenance shall be equivalent to the uniform foster care rate.

SB601, s. 124 Section 124. 48.977 of the statutes is created to read:

SB601,44,24 48.977 Appointment of relatives or village foster parents as guardians for certain children in need of protection or services. (1) Definition. In this section:

SB601,45,2 (a) "Relative" means a relative as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a) 2. a.

SB601,45,3 (b) "Village foster parent" means a person licensed under s. 48.62 (1) (c).

SB601,45,6 (2) Type of guardianship. This section may be used for the appointment of a relative or village foster parent of a child as a guardian of the person for the child if the court finds all of the following:

SB601,45,11 (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11) or (11m) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363 or 48.365 for a cumulative total period of one year or longer.

SB601,45,15 (b) That the person nominated as the guardian of the child is a relative or village foster parent of the child with whom the child has been placed and that it is likely that the child will continue to be placed with that relative or village foster parent for an extended period of time or until the child attains the age of 18 years.

SB601,45,18 (c) That, if appointed, it is likely that the relative or village foster parent would be willing and able to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years.

SB601,45,20 (d) That it is not in the best interests of the child that a petition to terminate parental rights be filed with respect to the child.

SB601,45,23 (e) That the child's parent is neglecting, refusing or unable to carry out the duties of a guardian or, if the child has 2 parents, both parents are neglecting, refusing or unable to carry out the duties of a guardian.

SB601,46,4 (f) That the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child.

SB601,46,8 (3) Designation as a permanent placement. If a court appoints a guardian for a child under sub. (2), the court may designate the child's placement with that guardian as the child's permanent foster home placement for purposes of s. 48.368 (2).

SB601,46,11 (4) Procedure and disposition. (a) Who may file petition. Any of the following persons may file a petition for the appointment of a guardian for a child under sub. (2):

SB601,46,12 1. The child or the child's guardian or legal custodian.

SB601,46,13 2. The child's guardian ad litem.

SB601,46,14 3. The child's parent.

SB601,46,17 4. The relative or village foster parent with whom the child is placed if the relative or village foster parent is nominated as the guardian of the child in the petition.

SB601,46,18 5. The department.

SB601,46,19 6. A county department.

SB601,46,21 7. A licensed child welfare agency that has been assigned primary responsibility for providing services to the child under a court order.

SB601,46,22 8. The person representing the interests of the public under s. 48.09.

SB601,47,2 (b) Contents of petition. A proceeding for the appointment of a guardian for a child under sub. (2) shall be initiated by a petition which shall be entitled "In the interest of .... (child's name), a person under the age of 18" and shall set forth all of the following with specificity:

SB601,47,3 1. The name, birth date and address of the child.

SB601,47,5 2. The names and addresses of the child's parent or parents, guardian and legal custodian.

SB601,47,9 3. The date that the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11) or (11m) and the dates that the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363 or 48.365.

SB601,47,11 4. A statement of the facts and circumstances which the petition alleges establish that the conditions specified in sub. (2) (b) to (f) are met.

SB601,47,13 5. A statement of whether the proceedings are subject to the uniform child custody jurisdiction act under ch. 822.

SB601,47,15 6. A statement of whether the child may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

SB601,47,18 (c) Service of petition and notice. 1. The petitioner shall cause the petition and notice of the time and place of the hearing under par. (d) to be served upon all of the following persons:

SB601,47,19 a. The child if the child is 12 years of age or older.

SB601,47,20 b. The child's guardian and legal custodian.

SB601,47,21 c. The child's guardian ad litem.

SB601,47,22 d. The child's counsel.

SB601,47,23 e. The child's parent.

SB601,47,24 f. The persons to whom notice is required to be given under s. 48.27 (3) (b) 1.

SB601,48,3 g. The relative or village foster parent with whom the child is placed if the relative or village foster parent is nominated as the guardian of the child in the petition.

SB601,48,4 h. The person representing the interests of the public under s. 48.09.

SB601,48,6 i. The agency primarily responsible for providing services to the child under a court order.

SB601,48,13 2. Service shall be made by 1st class mail at least 7 days before the hearing or by personal service at least 7 days before the hearing or, if with reasonable diligence a party specified in subd. 1. cannot be served by mail or personal service, service shall be made by publication of a notice published as a class 1 notice under ch. 985. In determining which newspaper is likely to give notice as required under s. 985.02 (1), the petitioner shall consider the residence of the party, if known, or the residence of the relatives of the party, if known, or the last-known location of the party.

SB601,48,17 (d) Fact-finding hearing. The court shall hold a fact-finding hearing on the petition within 30 days after the petition is filed, at which any party may present evidence relevant to the issue of whether the conditions specified in sub. (2) (a) to (f) have been met.

SB601,48,23 (e) Court report. The court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court a report containing the written summary under s. 48.38 (5) (e) and as much information relating to the appointment of a guardian as is reasonably ascertainable. The agency shall file the report at least 48 hours before the date of the dispositional hearing under par. (f).