SB601: Bill Text

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).

SB601,49,3 (f) Dispositional hearing. If the court, at the conclusion of the fact-finding hearing, finds by clear and convincing evidence that the conditions specified in sub. (2) (a) to (f) have been met, the court shall immediately proceed to a dispositional hearing unless an adjournment is requested. Any party may present evidence, including expert testimony, relevant to the disposition.

SB601,49,8 (g) Dispositional factors. In determining the appropriate disposition under this section, the best interests of the child shall be the prevailing factor to be considered by the court. In making a decision about the appropriate disposition, the court shall consider any report submitted under par. (e) and shall consider, but not be limited to, all of the following:

SB601,49,10 1. Whether the relative or village foster parent would be a suitable guardian of the child.

SB601,49,13 2. The willingness and ability of the relative or village foster parent to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years.

SB601,49,14 3. The wishes of the child.

SB601,49,17 (h) Disposition. After receiving any evidence relating to the disposition, the court shall enter one of the following dispositions within 10 days after the dispositional hearing:

SB601,49,20 1. A disposition dismissing the petition if the court determines that appointment of the relative or village foster parent as the child's guardian is not in the best interests of the child.

SB601,49,24 2. A disposition ordering that the relative or village foster parent with whom the child has been placed be appointed as the child's guardian under sub. (5) (a) or limited guardian under sub. (5) (b) if the court determines that such an appointment is in the best interests of the child.

SB601,50,3 (i) Effect of disposition on permanency plan review process. After a disposition under par. (h), the child's permanency plan shall continue to be reviewed under s. 48.38 (5), if applicable.

SB601,50,6 (5) Duties and authority of guardian. (a) Full guardianship. Unless limited under par. (b), a guardian appointed under sub. (2) shall have the duties and authority specified in s. 48.023.

SB601,50,13 (b) Limited guardianship. The court may order that the duties and authority of a guardian appointed under sub. (2) be limited. The duties and authority of a limited guardian shall be as specified by the order of appointment under sub. (4) (h) 2. or any revised order under sub. (6). All provisions of the statutes concerning the duties and authority of a guardian shall apply to a limited guardian appointed under sub. (2) to the extent that those provisions are relevant to the duties or authority of the limited guardian, except as limited by the order of appointment.

SB601,50,22 (6) Revision of guardianship order. (a) Any person authorized to file a petition under sub. (4) (a) may request a revision in a guardianship order entered under this subsection or sub. (4) (h) 2., 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, shall allege facts sufficient to show that there has been a substantial change in circumstances since the last order affecting the guardianship was entered and that the proposed revision would be in the best interests of the child and shall allege any other information that affects the advisability of the court's disposition.

SB601,51,2 (b) The court shall hold a hearing on the matter prior to any revision of the guardianship order if the request or court proposal indicates that new information is available which affects the advisability of the court's guardianship order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice under sub. (4) (c) and the court approves the waivers.

SB601,51,9 (c) If a hearing is to be held, the court shall notify the persons entitled to receive notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and purpose of the hearing. A copy of the request or proposal shall be attached to the notice. The court may order a revision if, at the hearing, the court finds that it has been proved by clear and convincing evidence that there has been a substantial change in circumstances and if the court determines that a revision would be in the best interests of the child.

SB601,51,14 (7) Termination of guardianship. (a) Term of guardianship. Unless the court order entered under sub. (4) (h) 2. or (6) specifies that a guardianship under this section be for a lesser period of time, a guardianship under this section shall continue until the child attains the age of 18 years or until terminated by the court, whichever occurs earlier.

SB601,51,21 (b) Removal for cause. 1. Any person authorized to file a petition under sub. (4) (a) may request that a guardian appointed under sub. (2) be removed for cause or the court may, on its own motion, propose such a removal. The request or court proposal shall allege facts sufficient to show that the guardian is or has been neglecting, is or has been refusing or is or has been unable to discharge the guardian's trust and may allege facts relating to any other information that affects the advisability of the court's disposition.

SB601,51,24 2. The court shall hold a hearing on the matter unless written waivers of objections to the removal are signed by all parties entitled to receive notice under sub. (4) (c) and the court approves the waivers.

SB601,52,8 3. If a hearing is to be held, the court shall notify the persons entitled to receive notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and purpose of the hearing. A copy of the request or court proposal shall be attached to the notice. The court shall remove the guardian for cause if, at the hearing, the court finds that it has been proved by clear and convincing evidence that the guardian is or has been neglecting, is or has been refusing or is or has been unable to discharge the guardian's trust and if the court determines that removal of the guardian would be in the best interests of the child.

SB601,52,10 (c) Resignation. A guardian appointed under sub. (2) may resign at any time if the resignation is accepted by the court.

SB601,52,17 (d) Termination on request of parent. 1. A parent of the child may request that a guardianship order entered under sub. (4) (h) 2. or a revised order entered under sub. (6) be terminated. The request shall allege facts sufficient to show that there has been a substantial change in circumstances since the last order affecting the guardianship was entered, that the parent is willing and able to carry out the duties of a guardian and that the proposed termination of guardianship would be in the best interests of the child.

SB601,52,20 2. The court shall hold a hearing on the matter unless written waivers of objections to the termination are signed by all parties entitled to receive notice under sub. (4) (c) and the court approves the waivers.

SB601,53,4 3. If a hearing is to be held, the court shall notify the persons entitled to receive notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and purpose of the hearing. A copy of the request shall be attached to the notice. The court shall terminate the guardianship if, at the hearing, the court finds that it has been proved by clear and convincing evidence that there has been a substantial change in circumstances since the last order affecting the guardianship was entered and the parent is willing and able to carry out the duties of a guardian and if the court determines that termination of the guardianship would be in the best interests of the child.

SB601,53,6 (8) Relationship to ch. 880. (a) This section does not abridge the duties or authority of a guardian appointed under ch. 880.

SB601,53,8 (b) Nothing in this section prohibits an individual from petitioning a court under ch. 880 for appointment of a guardian.

SB601, s. 125 Section 125. 48.98 (1) of the statutes is amended to read:

SB601,53,13 48.98 (1) No person may bring a child into this state or send a child out of this state for the purpose of placing the child in foster care or treatment foster care or for the purpose of adoption without a certificate from the department that the home is suitable for the child.

SB601, s. 126 Section 126. 48.98 (2) (a) of the statutes is amended to read:

SB601,53,21 48.98 (2) (a) Any person, except a county department or licensed child welfare agency, who brings a child into this state for the purpose of placing the child in a foster home or treatment foster home shall, before the child's arrival in this state, file with the department a $1,000 noncancelable bond in favor of this state, furnished by a surety company licensed to do business in this state. The condition of the bond shall be that the child will not become dependent on public funds for his or her primary support before the child reaches age 18 or is adopted.

SB601, s. 127 Section 127. 48.981 (3) (d) 1. of the statutes is amended to read:

SB601,54,2 48.981 (3) (d) 1. In this paragraph, "agent" includes, but is not limited to, a foster parent, treatment foster parent or other person given custody of a child or a human services professional employed by a county department under s. 51.42 or 51.437 who is working with the child under contract with or under the supervision of the county department under s. 46.215 or 46.22.

SB601, s. 128 Section 128. 48.981 (7) (a) 4. of the statutes is amended to read:

SB601,54,7 48.981 (7) (a) 4. A child's foster parent, treatment foster parent or other person having physical custody of the child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.

SB601, s. 129 Section 129. 49.19 (1) (a) 2. b. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,54,19 49.19 (1) (a) 2. b. Is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625 or in a child-caring institution licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home or institution by a county department under s. 46.215, 46.22 or 46.23, by the department of health and family services, by the department of corrections or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.

SB601, s. 130 Section 130. 49.19 (4e) (a) of the statutes is amended to read:

SB601,55,2 49.19 (4e) (a) Except as provided in par. (b), if a person applying for aid is under 18 years of age, has never married and is pregnant or has a dependent child in his or her care, the person is not eligible for aid unless he or she lives in a place maintained by his or her parent, legal guardian or other adult relative as the parent's, guardian's or other adult relative's own home or lives in a foster home, treatment foster home, maternity home or other supportive living arrangement supervised by an adult.

SB601, s. 131 Section 131. 49.19 (10) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,55,17 49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

SB601, s. 132 Section 132. 49.19 (10) (c) of the statutes is amended to read:

SB601,56,2 49.19 (10) (c) Reimbursement under par. (a) may also be paid to the county when the child is placed in a licensed foster home, treatment foster home, group home or child-caring institution by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22 or 46.23 or if the child was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to an agreement with the county department.

SB601, s. 133 Section 133. 49.19 (10) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,56,14 49.19 (10) (d) Aid may also be paid under this section to a foster home or treatment foster home, to a group home licensed under s. 48.625 or to a child-caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and family services or the department of corrections.

SB601, s. 134 Section 134. 49.19 (10) (e) of the statutes is amended to read:

SB601,56,23 49.19 (10) (e) Notwithstanding pars. (a), (c) and (d), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home or child-caring institution by a tribal governing body or its designee, for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement or for placement of a child in a group home licensed under s. 48.625.

SB601, s. 135 Section 135. 49.20 (2) (d) of the statutes is amended to read:

SB601,57,2 49.20 (2) (d) Is living in a home situation specified in s. 49.19 (1) (a), but not including a foster home or treatment foster home.

SB601, s. 136 Section 136. 49.32 (9) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,57,12 49.32 (9) (a) Each county department under s. 46.215, 46.22 or 46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names and addresses of all persons receiving such aid together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (names, addresses, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children in foster homes or treatment foster homes under s. 49.19 (10).

SB601, s. 137 Section 137. 49.45 (3) (e) 7. of the statutes is amended to read:

SB601,58,6 49.45 (3) (e) 7. The daily reimbursement or payment rate to a hospital for services provided to medical assistance recipients awaiting admission to a skilled nursing home, intermediate care facility, community-based residential facility, group home, foster home, treatment foster home or other custodial living arrangement may not exceed the maximum reimbursement or payment rate based on the average adjusted state skilled nursing facility rate, created under sub. (6m). This limited reimbursement or payment rate to a hospital commences on the date the department, through its own data or information provided by hospitals, determines that continued hospitalization is no longer medically necessary or appropriate during a period where the recipient awaits placement in an alternate custodial living arrangement. The department may contract with a peer review organization, established under 42 USC 1320c to 1320c-10, to determine that continued hospitalization of a recipient is no longer necessary and that admission to an alternate custodial living arrangement is more appropriate for the continued care of the recipient. In addition, the department may contract with a peer review organization to determine the medical necessity or appropriateness of physician services or other services provided during the period when a hospital patient awaits placement in an alternate custodial living arrangement.

SB601, s. 138 Section 138. 49.46 (1) (a) 5. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,58,10 49.46 (1) (a) 5. Any child in an adoption assistance , or foster care or treatment foster care placement under ch. 48 or 938, as determined by the department.

SB601, s. 139 Section 139. 49.46 (1) (d) 1. of the statutes is amended to read:

SB601,58,17 49.46 (1) (d) 1. Children who are placed in licensed foster homes or licensed treatment foster homes by the department and who would be eligible for payment of aid to families with dependent children in foster homes or treatment foster homes except that their placement is not made by a county department under s. 46.215, 46.22 or 46.23 will be considered as recipients of aid to families with dependent children.

SB601, s. 140 Section 140. 50.01 (1) (a) 1. of the statutes is amended to read:

SB601,59,3 50.01 (1) (a) 1. Care and maintenance above the level of room and board but not including nursing care are provided in the private residence by the care provider whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the adults are siblings, each of whom has a developmental disability, as defined in s. 51.01 (5), or, if the residence is licensed as a family foster home or a treatment foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4, or more adults or children if all of the adults or all of the children are siblings, or, if the residence is licensed as a treatment village foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4 6.

SB601, s. 141 Section 141. 50.01 (1) (a) 2. of the statutes is amended to read:

SB601,59,7 50.01 (1) (a) 2. The private residence was licensed under s. 48.62 as a foster home or treatment foster home for the care of the adults specified in subd. 1. at least 12 months before any of the adults attained 18 years of age.

SB601, s. 142 Section 142. 59.97 (15) (intro.) of the statutes is amended to read:

SB601,59,13 59.97 (15) Community and other living arrangements. (intro.) For purposes of this section, the location of a community living arrangement, as defined in s. 46.03 (22), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any city, village or town, shall be subject to the following criteria:

SB601, s. 143 Section 143. 59.97 (15) (bm) of the statutes is amended to read:

SB601,59,20 59.97 (15) (bm) A foster home or a treatment foster home that is the primary domicile of a foster parent or treatment foster parent and that is licensed under s. 48.62 or an adult family home certified under s. 50.032 (1m) (b) shall be a permitted use in all residential areas and is not subject to pars. (a) and (b) except that foster homes and treatment foster homes operated by corporations, child welfare agencies, churches, associations or public agencies shall be subject to pars. (a) and (b).

SB601, s. 144 Section 144. 60.63 (intro.) of the statutes is amended to read: