SB601, s. 114
6Section
114. 48.70 (2) of the statutes is amended to read:
SB601,42,117
48.70
(2) Special provisions for child welfare agency licenses. A license to
8a child welfare agency shall also specify the kind of child welfare work the agency is
9authorized to undertake, whether the agency may accept guardianship of children,
10whether the agency may place children in foster homes
or treatment foster homes,
11and if so, the area the agency is equipped to serve.
SB601, s. 115
12Section
115. 48.73 of the statutes is amended to read:
SB601,42,16
1348.73 Inspection of licensees. The department may visit and inspect each
14child welfare agency, foster home,
treatment foster home, group home and day care
15center licensed by it, and for such purpose shall be given unrestricted access to the
16premises described in the license.
SB601, s. 116
17Section
116. 48.75 (title) of the statutes is amended to read:
SB601,42,19
1848.75 (title)
Foster homes and treatment foster homes licensed by
19county departments and by child welfare agencies.
SB601, s. 117
20Section
117. 48.75 (1) of the statutes is amended to read:
SB601,43,521
48.75
(1) Child welfare agencies, if licensed to do so by the department, and
22county departments may license foster homes
and treatment foster homes under the
23rules promulgated by the department under s. 48.67 governing the licensing of foster
24homes
and treatment foster homes. A foster home
or treatment foster home license
25shall be issued for a term not to exceed 2 years from the date of issuance, is not
1transferable and may be revoked by the child welfare agency or by the county
2department because the licensee has substantially and intentionally violated any
3provision of this chapter or of the rules of the department promulgated pursuant to
4s. 48.67 or because the licensee fails to meet the minimum requirements for a license.
5The licensee shall be given written notice of any revocation and the grounds therefor.
SB601, s. 118
6Section
118. 48.75 (2) of the statutes is amended to read:
SB601,43,97
48.75
(2) Any foster home
or treatment foster home applicant or licensee of a
8county department or a child welfare agency may, if aggrieved by the failure to issue
9or renew its license or by revocation of its license, appeal as provided in s. 48.72.
SB601, s. 119
10Section
119. 48.831 (title) of the statutes is amended to read:
SB601,43,12
1148.831 (title)
Appointment of guardian for child without a living parent
12for adoptability finding.
SB601, s. 120
13Section
120. 48.831 (1) of the statutes is amended to read:
SB601,43,2014
48.831
(1) Type of guardianship. This section may be used for the appointment
15of a guardian of a child who does not have a living parent if a finding as to the
16adoptability of a child is sought.
Chapter Except as provided in s. 48.977, ch. 880
17applies to the appointment of a guardian for a child who does not have a living parent
18for all other purposes. An appointment of a guardian of the estate of a child who does
19not have a living parent shall be conducted in accordance with the procedures
20specified in ch. 880.
SB601, s. 121
21Section
121. 48.833 of the statutes is amended to read:
SB601,44,8
2248.833 Placement of children for adoption by the department, county
23departments and child welfare agencies. The department, a county department
24under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.60 may
25place a child for adoption in a licensed foster home
or a licensed treatment foster
1home without a court order if the department, county department under s. 48.57 (1)
2(e) or (hm) or the child welfare agency is the guardian of the child or makes the
3placement at the request of another agency which is the guardian of the child. When
4a child is placed under this section in a licensed foster home
or a licensed treatment
5foster home for adoption, the department, county department or child welfare agency
6making the placement shall enter into a written agreement with the adoptive parent,
7which shall state the date on which the child is placed in the licensed foster home
or
8licensed treatment foster home for adoption by the adoptive parent.
SB601, s. 122
9Section
122. 48.837 (1) of the statutes is amended to read:
SB601,44,1310
48.837
(1) Adoptive placement. A parent having custody of a child and the
11proposed adoptive parent or parents of the child may petition the court for placement
12of the child for adoption in the home of a person who is not a relative of the child if
13the home is licensed as a foster home
or treatment foster home under s. 48.62.
SB601, s. 123
14Section
123. 48.975 (3) (a) of the statutes is amended to read:
SB601,44,2015
48.975
(3) (a)
Maintenance. For support of a child who was in foster care
or
16treatment foster care immediately prior to adoption, the adoption assistance for
17maintenance shall be equivalent to the amount of that child's foster care
or treatment
18foster care payment. For support of a child not in foster care
or treatment foster care 19immediately prior to placement with a subsidy, the adoption assistance for
20maintenance shall be equivalent to the uniform foster care rate.
SB601, s. 124
21Section
124. 48.977 of the statutes is created to read:
SB601,44,24
2248.977 Appointment of relatives or village foster parents as guardians
23for certain children in need of protection or services. (1)
Definition. In this
24section:
SB601,45,2
1(a) "Relative" means a relative as defined in s. 48.02 (15) or as specified in s.
249.19 (1) (a) 2. a.
SB601,45,33
(b) "Village foster parent" means a person licensed under s. 48.62 (1) (c).
SB601,45,6
4(2) Type of guardianship. This section may be used for the appointment of a
5relative or village foster parent of a child as a guardian of the person for the child if
6the court finds all of the following:
SB601,45,117
(a) That the child has been adjudged to be in need of protection or services
8under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11) or (11m) and been
9placed, or continued in a placement, outside of his or her home pursuant to one or
10more court orders under s. 48.345, 48.357, 48.363 or 48.365 for a cumulative total
11period of one year or longer.
SB601,45,15
12(b) That the person nominated as the guardian of the child is a relative or
13village foster parent of the child with whom the child has been placed and that it is
14likely that the child will continue to be placed with that relative or village foster
15parent for an extended period of time or until the child attains the age of 18 years.
SB601,45,18
16(c) That, if appointed, it is likely that the relative or village foster parent would
17be willing and able to serve as the child's guardian for an extended period of time or
18until the child attains the age of 18 years.
SB601,45,2019
(d) That it is not in the best interests of the child that a petition to terminate
20parental rights be filed with respect to the child.
SB601,45,23
21(e) That the child's parent is neglecting, refusing or unable to carry out the
22duties of a guardian or, if the child has 2 parents, both parents are neglecting,
23refusing or unable to carry out the duties of a guardian.
SB601,46,424
(f) That the agency primarily responsible for providing services to the child
25under a court order has made reasonable efforts to make it possible for the child to
1return to his or her home but that reunification of the child with the child's parent
2or parents is unlikely or contrary to the best interests of the child and that further
3reunification efforts are unlikely to be made or are contrary to the best interests of
4the child.
SB601,46,8
5(3) Designation as a permanent placement. If a court appoints a guardian for
6a child under sub. (2), the court may designate the child's placement with that
7guardian as the child's permanent foster home placement for purposes of s. 48.368
8(2).
SB601,46,11
9(4) Procedure and disposition. (a)
Who may file petition. Any of the following
10persons may file a petition for the appointment of a guardian for a child under sub.
11(2):
SB601,46,1212
1. The child or the child's guardian or legal custodian.
SB601,46,1313
2. The child's guardian ad litem.
SB601,46,1414
3. The child's parent.
SB601,46,17
154. The relative or village foster parent with whom the child is placed if the
16relative or village foster parent is nominated as the guardian of the child in the
17petition.
SB601,46,1818
5. The department.
SB601,46,1919
6. A county department.
SB601,46,21
207. A licensed child welfare agency that has been assigned primary
21responsibility for providing services to the child under a court order.
SB601,46,2222
8. The person representing the interests of the public under s. 48.09.
SB601,47,223
(b)
Contents of petition. A proceeding for the appointment of a guardian for a
24child under sub. (2) shall be initiated by a petition which shall be entitled "In the
1interest of .... (child's name), a person under the age of 18" and shall set forth all of
2the following with specificity:
SB601,47,33
1. The name, birth date and address of the child.
SB601,47,5
42. The names and addresses of the child's parent or parents, guardian and legal
5custodian.
SB601,47,9
63. The date that the child was adjudged in need of protection or services under
7s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11) or (11m) and the dates that
8the child has been placed, or continued in a placement, outside of his or her home
9pursuant to one or more court orders under s. 48.345, 48.357, 48.363 or 48.365.
SB601,47,11
104. A statement of the facts and circumstances which the petition alleges
11establish that the conditions specified in sub. (2) (b) to (f) are met.
SB601,47,1312
5. A statement of whether the proceedings are subject to the uniform child
13custody jurisdiction act under ch. 822.
SB601,47,1514
6. A statement of whether the child may be subject to the federal Indian child
15welfare act,
25 USC 1911 to
1963.
SB601,47,1816
(c)
Service of petition and notice. 1. The petitioner shall cause the petition and
17notice of the time and place of the hearing under par. (d) to be served upon all of the
18following persons:
SB601,47,1919
a. The child if the child is 12 years of age or older.
SB601,47,2020
b. The child's guardian and legal custodian.
SB601,47,2121
c. The child's guardian ad litem.
SB601,47,2222
d. The child's counsel.
SB601,47,2323
e. The child's parent.
SB601,47,2424
f. The persons to whom notice is required to be given under s. 48.27 (3) (b) 1.
SB601,48,3
1g. The relative or village foster parent with whom the child is placed if the
2relative or village foster parent is nominated as the guardian of the child in the
3petition.
SB601,48,44
h. The person representing the interests of the public under s. 48.09.
SB601,48,65
i. The agency primarily responsible for providing services to the child under a
6court order.
SB601,48,13
72. Service shall be made by 1st class mail at least 7 days before the hearing or
8by personal service at least 7 days before the hearing or, if with reasonable diligence
9a party specified in subd. 1. cannot be served by mail or personal service, service shall
10be made by publication of a notice published as a class 1 notice under ch. 985. In
11determining which newspaper is likely to give notice as required under s. 985.02 (1),
12the petitioner shall consider the residence of the party, if known, or the residence of
13the relatives of the party, if known, or the last-known location of the party.
SB601,48,1714
(d)
Fact-finding hearing. The court shall hold a fact-finding hearing on the
15petition within 30 days after the petition is filed, at which any party may present
16evidence relevant to the issue of whether the conditions specified in sub. (2) (a) to (f)
17have been met.
SB601,48,23
18(e)
Court report. The court shall order the person or agency primarily
19responsible for providing services to the child under a court order to file with the
20court a report containing the written summary under s. 48.38 (5) (e) and as much
21information relating to the appointment of a guardian as is reasonably
22ascertainable. The agency shall file the report at least 48 hours before the date of
23the dispositional hearing under par. (f).
SB601,49,324
(f)
Dispositional hearing. If the court, at the conclusion of the fact-finding
25hearing, finds by clear and convincing evidence that the conditions specified in sub.
1(2) (a) to (f) have been met, the court shall immediately proceed to a dispositional
2hearing unless an adjournment is requested. Any party may present evidence,
3including expert testimony, relevant to the disposition.
SB601,49,8
4(g)
Dispositional factors. In determining the appropriate disposition under this
5section, the best interests of the child shall be the prevailing factor to be considered
6by the court. In making a decision about the appropriate disposition, the court shall
7consider any report submitted under par. (e) and shall consider, but not be limited
8to, all of the following:
SB601,49,109
1. Whether the relative or village foster parent would be a suitable guardian
10of the child.
SB601,49,13
112. The willingness and ability of the relative or village foster parent to serve
12as the child's guardian for an extended period of time or until the child attains the
13age of 18 years.
SB601,49,1414
3. The wishes of the child.
SB601,49,1715
(h)
Disposition. After receiving any evidence relating to the disposition, the
16court shall enter one of the following dispositions within 10 days after the
17dispositional hearing:
SB601,49,20
181. A disposition dismissing the petition if the court determines that
19appointment of the relative or village foster parent as the child's guardian is not in
20the best interests of the child.
SB601,49,2421
2. A disposition ordering that the relative or village foster parent with whom
22the child has been placed be appointed as the child's guardian under sub. (5) (a) or
23limited guardian under sub. (5) (b) if the court determines that such an appointment
24is in the best interests of the child.
SB601,50,3
1(i)
Effect of disposition on permanency plan review process. After a disposition
2under par. (h), the child's permanency plan shall continue to be reviewed under s.
348.38 (5), if applicable.
SB601,50,6
4(5) Duties and authority of guardian. (a)
Full guardianship. Unless limited
5under par. (b), a guardian appointed under sub. (2) shall have the duties and
6authority specified in s. 48.023.
SB601,50,137
(b)
Limited guardianship. The court may order that the duties and authority
8of a guardian appointed under sub. (2) be limited. The duties and authority of a
9limited guardian shall be as specified by the order of appointment under sub. (4) (h)
102. or any revised order under sub. (6). All provisions of the statutes concerning the
11duties and authority of a guardian shall apply to a limited guardian appointed under
12sub. (2) to the extent that those provisions are relevant to the duties or authority of
13the limited guardian, except as limited by the order of appointment.
SB601,50,22
14(6) Revision of guardianship order. (a) Any person authorized to file a petition
15under sub. (4) (a) may request a revision in a guardianship order entered under this
16subsection or sub. (4) (h) 2., or the court may, on its own motion, propose such a
17revision. The request or court proposal shall set forth in detail the nature of the
18proposed revision, shall allege facts sufficient to show that there has been a
19substantial change in circumstances since the last order affecting the guardianship
20was entered and that the proposed revision would be in the best interests of the child
21and shall allege any other information that affects the advisability of the court's
22disposition.
SB601,51,223
(b) The court shall hold a hearing on the matter prior to any revision of the
24guardianship order if the request or court proposal indicates that new information
25is available which affects the advisability of the court's guardianship order, unless
1written waivers of objections to the revision are signed by all parties entitled to
2receive notice under sub. (4) (c) and the court approves the waivers.
SB601,51,93
(c) If a hearing is to be held, the court shall notify the persons entitled to receive
4notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and
5purpose of the hearing. A copy of the request or proposal shall be attached to the
6notice. The court may order a revision if, at the hearing, the court finds that it has
7been proved by clear and convincing evidence that there has been a substantial
8change in circumstances and if the court determines that a revision would be in the
9best interests of the child.
SB601,51,14
10(7) Termination of guardianship. (a)
Term of guardianship. Unless the court
11order entered under sub. (4) (h) 2. or (6) specifies that a guardianship under this
12section be for a lesser period of time, a guardianship under this section shall continue
13until the child attains the age of 18 years or until terminated by the court, whichever
14occurs earlier.
SB601,51,2115
(b)
Removal for cause. 1. Any person authorized to file a petition under sub.
16(4) (a) may request that a guardian appointed under sub. (2) be removed for cause
17or the court may, on its own motion, propose such a removal. The request or court
18proposal shall allege facts sufficient to show that the guardian is or has been
19neglecting, is or has been refusing or is or has been unable to discharge the guardian's
20trust and may allege facts relating to any other information that affects the
21advisability of the court's disposition.
SB601,51,2422
2. The court shall hold a hearing on the matter unless written waivers of
23objections to the removal are signed by all parties entitled to receive notice under
24sub. (4) (c) and the court approves the waivers.
SB601,52,8
13. If a hearing is to be held, the court shall notify the persons entitled to receive
2notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and
3purpose of the hearing. A copy of the request or court proposal shall be attached to
4the notice. The court shall remove the guardian for cause if, at the hearing, the court
5finds that it has been proved by clear and convincing evidence that the guardian is
6or has been neglecting, is or has been refusing or is or has been unable to discharge
7the guardian's trust and if the court determines that removal of the guardian would
8be in the best interests of the child.
SB601,52,109
(c)
Resignation. A guardian appointed under sub. (2) may resign at any time
10if the resignation is accepted by the court.
SB601,52,1711
(d)
Termination on request of parent. 1. A parent of the child may request that
12a guardianship order entered under sub. (4) (h) 2. or a revised order entered under
13sub. (6) be terminated. The request shall allege facts sufficient to show that there
14has been a substantial change in circumstances since the last order affecting the
15guardianship was entered, that the parent is willing and able to carry out the duties
16of a guardian and that the proposed termination of guardianship would be in the best
17interests of the child.
SB601,52,2018
2. The court shall hold a hearing on the matter unless written waivers of
19objections to the termination are signed by all parties entitled to receive notice under
20sub. (4) (c) and the court approves the waivers.
SB601,53,421
3. If a hearing is to be held, the court shall notify the persons entitled to receive
22notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and
23purpose of the hearing. A copy of the request shall be attached to the notice. The
24court shall terminate the guardianship if, at the hearing, the court finds that it has
25been proved by clear and convincing evidence that there has been a substantial
1change in circumstances since the last order affecting the guardianship was entered
2and the parent is willing and able to carry out the duties of a guardian and if the court
3determines that termination of the guardianship would be in the best interests of the
4child.
SB601,53,6
5(8) Relationship to ch. 880
. (a) This section does not abridge the duties or
6authority of a guardian appointed under ch. 880.
SB601,53,87
(b) Nothing in this section prohibits an individual from petitioning a court
8under ch. 880 for appointment of a guardian.
SB601, s. 125
9Section
125. 48.98 (1) of the statutes is amended to read:
SB601,53,1310
48.98
(1) No person may bring a child into this state or send a child out of this
11state for the purpose of placing the child in foster care o
r treatment foster care or for
12the purpose of adoption without a certificate from the department that the home is
13suitable for the child.
SB601, s. 126
14Section
126. 48.98 (2) (a) of the statutes is amended to read:
SB601,53,2115
48.98
(2) (a) Any person, except a county department or licensed child welfare
16agency, who brings a child into this state for the purpose of placing the child in a
17foster home
or treatment foster home shall, before the child's arrival in this state, file
18with the department a $1,000 noncancelable bond in favor of this state, furnished by
19a surety company licensed to do business in this state. The condition of the bond shall
20be that the child will not become dependent on public funds for his or her primary
21support before the child reaches age 18 or is adopted.