AB768: Bill Text

AB768,90,15 48.417 Petition for termination of parental rights; when required. (1) Filing or joining in petition; when required. Subject to sub. (2), an agency or the district attorney, corporation counsel or other appropriate official designated under s. 48.09 shall file a petition under s. 48.42 (1) to terminate the parental rights of a parent or the parents of a child, or, if a petition under s. 48.42 (1) to terminate those parental rights has already been filed, the agency, district attorney, corporation counsel or other appropriate official shall join in the petition, if any of the following circumstances apply:

AB768,90,17 (a) The child has been placed outside of his or her home, as described in s. 48.365 (1), for 15 of the most recent 22 months.

AB768,90,23 (b) A court of competent jurisdiction has found under s. 48.13 (2) or under a law of any other state or a federal law that is comparable to s. 48.13 (2) that the child was abandoned when he or she was under 3 years of age or has found that the parent abandoned the child when the child was under 3 years of age in violation of s. 948.20 or in violation of the law of any other state or federal law, if that violation would be a violation of s. 948.20 if committed in this state.

AB768,91,4 (c) A court of competent jurisdiction has found that the parent has committed, has aided or abetted the commission of, or has solicited, conspired or attempted to commit, a violation of s. 940.01, 940.02, 940.03 or 940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.01, 940.02, 940.03 or 940.05 if committed in this state, and that the victim of that violation is a child of the parent.

AB768,91,12 (d) A court of competent jurisdiction has found that the parent has committed a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

AB768,91,20 (2) Filing or joining in petition; when not required. Notwithstanding that any of the circumstances specified in sub. (1) (a), (b), (c) or (d) may apply, an agency or the district attorney, corporation counsel or other appropriate official designated under s. 48.09 need not file a petition under s. 48.42 (1) to terminate the parental rights of a parent or the parents of a child, or, if a petition under s. 48.42 (1) to terminate those parental rights has already been filed, the agency, district attorney, corporation counsel or other appropriate official need not join in the petition, if any of the following circumstances apply:

AB768,91,21 (a) The child is being cared for by a relative of the child.

AB768,91,23 (b) The child's permanency plan indicates that termination of parental rights to the child is not in the best interests of the child.

AB768,92,4 (c) The agency primarily responsible for providing services to the child and the family under a court order, if required under s. 48.355 (2) (b) 6. to make reasonable efforts to make it possible for the child to return safely to his or her home, has not provided to the family of the child, consistent with the time period in the child's permanency plan, the services necessary for the safe return of the child to his or her home.

AB768,92,10 (3) Concurrent adoption efforts required. If a petition is filed or joined in as required under sub. (1), the agency primarily responsible for providing services to the child under a court order shall, during the pendency of the proceeding on the petition, work with the agency identified in the report under s. 48.425 (1) (f) that would be responsible for accomplishing the adoption of the child in processing and approving a qualified family for the adoption of the child.

AB768,92,13 (4) Notice to department. If a petition is filed or joined in as required under sub. (1), the person who filed or joined in the petition shall notify the department of that filing or joinder.

AB768, s. 146 Section 146. 48.42 (2g) (am) of the statutes is created to read:

AB768,92,24 48.42 (2g) (am) The court shall give a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under par. (a) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under par. (a) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

AB768, s. 147 Section 147. 48.42 (2g) (b) of the statutes, as created by 1997 Wisconsin Act .... (Assembly Bill 266), is amended to read:

AB768,93,12 48.42 (2g) (b) Failure to give notice under par. (a) to a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the proceeding. If a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under par. (a) and if the court is required under s. 48.427 (1m) to permit that person to make a written or oral statement during the hearing or to submit a written statement prior to the hearing and that person does not make or submit such statement, that person may request a rehearing on the matter at any time prior to the entry of an order under s. 48.427 (2) or (3). If the request is made, the court shall order a rehearing.

AB768, s. 148 Section 148. 48.425 (1) (c) of the statutes is amended to read:

AB768,93,20 48.425 (1) (c) If the child has been previously adjudicated to be in need of protection and services, a statement of the steps the agency or person responsible for provision of services has taken to remedy the conditions responsible for court intervention and the parent's response to and cooperation with these services. If the child has been removed from the home, the report should also include a statement of the reasons why the child cannot be returned safely to the family, and the steps the person or agency has taken to effect this return.

AB768, s. 149 Section 149. 48.425 (1) (d) of the statutes is amended to read:

AB768,93,23 48.425 (1) (d) A statement of other appropriate services, if any, which might allow the child to return safely to the home of the parent.

AB768, s. 150 Section 150. 48.427 (1m) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 266), is amended to read:

AB768,94,11 48.427 (1m) In addition to any evidence presented under sub. (1), the court shall permit give the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child an opportunity to be heard at the dispositional hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the dispositional hearing, or to submit a written statement prior to disposition, relevant to the issue of disposition. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

AB768, s. 151 Section 151. 48.43 (1) (d) of the statutes is created to read:

AB768,94,14 48.43 (1) (d) A finding that the termination of parental rights is in the best interests of the child.

AB768, s. 152 Section 152. 48.57 (3m) (am) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,94,20 48.57 (3m) (am) 2. The county department or department determines that the child meets one or more of the criteria specified in s. 48.13 or 938.13 or that the child would be at substantial risk of meeting one or more of those criteria if the child were to remain in his or her home.

AB768, s. 153 Section 153. 48.66 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,95,14 48.66 (1) The Except as provided in s. 48.715 (7), 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. 938.22, 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 (4d), (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. A license issued under this subsection, other than a license to operate a foster home, treatment foster home or secured child caring institution, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home or secured child caring institution may be for any term not to exceed 2 years from the date of issuance. No license issued under this subsection is transferable.

AB768, s. 154 Section 154. 48.66 (2) of the statutes is amended to read:

AB768,95,21 48.66 (2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a day care center who are individuals be provided and that the federal employer identification numbers of all applicants for a license to operate a day care center who are not individuals be provided.

AB768, s. 155 Section 155. 48.66 (2m) of the statutes is created to read:

AB768,96,3 48.66 (2m) (a) The department shall require each applicant for a license under sub. (1) to operate a day care center who is an individual to provide the department with his or her social security number, and shall require each applicant for a license under sub. (1) to operate a day care center who is not an individual to provide the department with the person's federal employer identification number, when initially applying for or applying to continue the license.

AB768,96,9 (b) The department may not issue or continue a license under sub. (1) to operate a day care center to or for an applicant who is an individual unless the applicant has provided his or her social security number to the department, and the department may not issue or continue a license under sub. (1) to operate a day care center to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department.

AB768,96,12 (c) The department may not disclose any information obtained under par. (a) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 156 Section 156. 48.685 (1) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,96,16 48.685 (1) (a) "Client" means a child who receives direct care or treatment services from an entity.

AB768, s. 157 Section 157. 48.685 (1) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,96,25 48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); or a day care provider that is certified under s. 48.651.

AB768, s. 158 Section 158. 48.685 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,97,11 48.685 (2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license , or continue or renew the license of, a person to operate an entity or continue the license of a person to operate an entity, and, except as provided in par. (ad) and sub. (5), a county department may not certify a day care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62 and a school board may not contract with a person under s. 120.13 (14), if the department, county department, child welfare agency or school board knows or should have known any of the following:

AB768, s. 159 Section 159. 48.685 (2) (ad) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,97,19 48.685 (2) (ad) A The department, a county department or a child welfare agency may license a foster home or treatment foster home under s. 48.62, a county department may certify a day care provider under s. 48.651 and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in par. (am) indicating that the person is not ineligible to be certified or contracted with for a reason specified in par. (a) 1. to 5.

AB768, s. 160 Section 160. 48.685 (2) (am) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,98,2 48.685 (2) (am) (intro.) Subject to subd. 5. and par. (bd), the department, a county department, a child welfare agency or a school board shall obtain all of the following with respect to a person specified under par. (a) (intro.) and a person specified under par. (ag) (intro.) who is a nonclient resident or prospective nonclient resident of an entity:

AB768, s. 161 Section 161. 48.685 (2) (am) 5. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,98,15 48.685 (2) (am) 5. Information maintained by the department under this section, and under section ss. 48.651 (2m) and under s., 48.75 (1m) and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification or a contract to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment or permission to reside as described in this subdivision, the department, a county department, a child welfare agency or a school board need not obtain the information specified in subds. 1. to 4.

AB768, s. 162 Section 162. 48.685 (2) (b) 1. (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,98,21 48.685 (2) (b) 1. (intro.) Subject to subds. 1. e. , and 2. and 3. par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe, prospective employe, contractor or prospective contractor of the entity:

AB768, s. 163 Section 163. 48.685 (2) (b) 1. e. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,99,8 48.685 (2) (b) 1. e. Information maintained by the department under this section, and under section ss. 48.651 (2m) and under s., 48.75 (1m) and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification or a contract to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.

AB768, s. 164 Section 164. 48.685 (2) (b) 3. of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (2) (bd) and amended to read:

AB768,99,24 48.685 (2) (bd) Subdivision 1. does not apply Notwithstanding pars. (am) and (b) 1., the department, a county department, a child welfare agency or a school board is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1. a. to e., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at the an entity for a reason specified in par. (ag) 1. to 5. and with respect to whom the department, county department, child welfare agency, school board or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at the an entity for any of those reasons. This paragraph does not preclude the department, a county department, a child welfare agency or a school board from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.

AB768, s. 165 Section 165. 48.685 (2) (bg) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,100,14 48.685 (2) (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a person an employe, prospective employe, contractor or prospective contractor for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under par. (b) 1. a. to c. and e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. from another entity or from a temporary employment agency or if an entity has reasonable grounds to believe that any information obtained from another entity or from a temporary employment agency is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c. and e.

AB768, s. 166 Section 166. 48.685 (2) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,101,4 48.685 (2) (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed , or contracted with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person or permit the person to reside at the entity for not more than 60 days pending the receipt of the information sought under par. (b) 1. If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be permitted to reside at an entity for a reason specified in par. (ag) 1. to 5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity for any of those reasons, the entity may permit the person to reside at the entity for not more than 60 days pending receipt of the information sought under par. (am). An entity shall provide supervision for a person who is employed, contracted with or permitted to reside as permitted under this paragraph.

AB768, s. 167 Section 167. 48.685 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,101,12 48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency or a school board considers appropriate, the department, county department, child welfare agency or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified or contracted to operate an entity and for all persons specified in par. (ag) (intro.) who are nonclient residents of an entity.

AB768, s. 168 Section 168. 48.685 (3) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,101,18 48.685 (3) (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons specified in sub. (2) (ag) (intro.) who are employes or contractors of the entity.

AB768, s. 169 Section 169. 48.685 (3m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,102,2 48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a county department, a child welfare agency or a school board has obtained the information required under sub. (2) (am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) and that person is also an employe, contractor or nonclient resident of an entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.

AB768, s. 170 Section 170. 48.685 (5) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (a) and amended to read:

AB768,102,15 48.685 (5) (a) The department may license to operate an entity, a county department may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62 and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified or contracted with for a reason specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the person demonstrates to the department, the county department, the child welfare agency or the school board by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated. No

AB768,102,18 (b) For purposes other than licensing a foster home or treatment foster home, no person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:

AB768, s. 171 Section 171. 48.685 (5) (a) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 1.

AB768, s. 172 Section 172. 48.685 (5) (b) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 2.

AB768, s. 173 Section 173. 48.685 (5) (b) 6. of the statutes is created to read:

AB768,102,25 48.685 (5) (b) 6. An offense that is included in the list established by the department by rule promulgated under sub. (7) (am).

AB768, s. 174 Section 174. 48.685 (5) (bm) of the statutes is created to read:

AB768,103,4 48.685 (5) (bm) For purposes of licensing a foster home or treatment foster home, no person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:

AB768,103,5 1. An offense under ch. 948 that is a felony.

AB768,103,7 2. A violation of s. 940.19 (2), (3), (4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.

AB768,103,10 3. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g), (1m) or (1r) or 943.32 (2).

AB768,103,13 4. A violation of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

AB768,103,15 5. An offense that is included in the list established by the department under sub. (7) (am).

AB768, s. 175 Section 175. 48.685 (5) (c) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 3..

AB768, s. 176 Section 176. 48.685 (5) (d) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 4..

AB768, s. 177 Section 177. 48.685 (5) (e) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 5.

AB768, s. 178 Section 178. 48.685 (5c) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,104,4 48.685 (5c) (a) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department or a child welfare agency that he or she has been rehabilitated may appeal to the secretary of health and family services or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

AB768, s. 179 Section 179. 48.685 (5c) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,104,11 48.685 (5c) (b) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the county department that he or she has been rehabilitated may appeal to the director of the county department or his or her designee. Any person who is adversely affected by a decision of the director or his or her designee under this paragraph has a right to appeal the decision under ch. 68.

AB768, s. 180 Section 180. 48.685 (5c) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,104,18 48.685 (5c) (c) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the school board that he or she has been rehabilitated may appeal to the secretary of public instruction or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

AB768, s. 181 Section 181. 48.685 (5g) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,105,3 48.685 (5g) Beginning on the first January 1 after the effective date of this subsection .... [revisor inserts date] 1999, and annually thereafter, the department shall submit a report to the legislature under s. 13.172 (2) that specifies the number of persons in the previous year who have requested to demonstrate to the department that they have been rehabilitated under sub. (5) (a), the number of persons who successfully demonstrated that they have been rehabilitated under sub. (5) (a) and the reasons for the success or failure of a person who has attempted to demonstrate that he or she has been rehabilitated.

AB768, s. 182 Section 182. 48.685 (5m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,105,16 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department may refuse to certify a day care provider under s. 48.651, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, a school board may refuse to contract with a person under s. 120.13 (14), and an entity may refuse to employ, contract with or permit to reside at the entity a person specified in sub. (2) (ag) (intro.) if the person has been convicted of an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b), but that is, in the estimation of the department, county department, child welfare agency, school board or entity, substantially related to the care of a client.

AB768, s. 183 Section 183. 48.685 (6) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read: