SB436: Bill Text

SB436,79,14 48.355 (2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether 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 safely to his or her home, the court's consideration of reasonable efforts shall include, but not be limited to, the considerations listed under par. (a) 1. to 5. and whether visitation schedules between the child and his or her parents were implemented, unless visitation was denied or limited by the court.

SB436, s. 113 Section 113. 48.355 (2d) of the statutes is created to read:

SB436,79,16 48.355 (2d) Reasonable efforts not required. (a) In this subsection:

SB436,79,20 1. "Aggravated circumstances" include abandonment 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, torture, chronic abuse and sexual abuse.

SB436,79,24 2. "Sexual abuse" means a violation of s. 940.225, 944.30, 948.02, 948.025, 948.05, 948.055, 948.06, 948.09 or 948.10 or a violation of the law of any other state or federal law if that violation would be a violation of s. 940.225, 944.30, 948.02, 948.025, 948.05, 948.055, 948.06, 948.09 or 948.10 if committed in this state.

SB436,80,10 (b) Notwithstanding sub. (2) (b) 6., the court need not include in a dispositional order a finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a child to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, or, if applicable, a finding as to whether the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a child to make it possible for the child to return safely to his or her home, if the court finds, as evidenced by a final judgment of conviction, any of the following:

SB436,80,11 1. That the parent has subjected the child to aggravated circumstances.

SB436,80,16 2. 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.

SB436,80,23 3. 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.

SB436,80,25 4. That the parental rights of the parent to another child have been involuntarily terminated.

SB436,81,5 (c) If the court makes a finding specified in par. (b) 1., 2., 3. or 4., the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the child. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

SB436, s. 114 Section 114. 48.357 (2r) of the statutes, as created by 1997 Wisconsin Act .... (Assembly Bill 266), is amended to read:

SB436,81,21 48.357 (2r) If a hearing is held under sub. (1) or (2m) and the change in placement would remove a child from a foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit give the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) 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, relating to the child and the requested change in placement. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) or (2m) 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.

SB436, s. 115 Section 115. 48.363 (1m) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 266), is amended to read:

SB436,82,11 48.363 (1m) If a hearing is held under sub. (1), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall permit give a 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 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 issue of revision. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) 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.

SB436, s. 116 Section 116. 48.365 (1) of the statutes is amended to read:

SB436,82,20 48.365 (1) In this section, "2 or more years" means a period of time that begins with the first placement of the child a child is considered to have been placed outside of his or her home pursuant to an order under this section or s. 48.345, 48.357 or 48.363 and includes any period of time in which the child returned home, unless the periods of time at home account for the majority of the time since the first placement on the date on which the court first found that the child has been subjected to abuse or neglect or on the date that is 60 days after the date on which the child was removed from his or her home, whichever is earlier.

SB436, s. 117 Section 117. 48.365 (2g) (b) 2. of the statutes is amended to read:

SB436,83,2 48.365 (2g) (b) 2. An evaluation of the child's adjustment to the placement and of any progress the child has made, suggestions for amendment of the permanency plan, a description of efforts to return the child safely to his or her home, including efforts of the parents to remedy factors which contributed to the child's placement and, if continued placement outside of the child's home is recommended, an explanation of why returning the child to his or her home is not safe or feasible.

SB436, s. 118 Section 118. 48.365 (2g) (b) 3. of the statutes is amended to read:

SB436,83,19 48.365 (2g) (b) 3. If the child has been placed outside of his or her home for 2 or more years 15 of the most recent 22 months, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the child. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the child and whether or not the child should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the child be registered with the adoption information exchange or report the reason why registering the child is contrary to the best interest of the child.

SB436, s. 119 Section 119. 48.365 (2m) (a) of the statutes is amended to read:

SB436,84,2 48.365 (2m) (a) Any party may present evidence relevant to the issue of extension. The judge shall make findings of fact and conclusions of law based on the evidence, including. Subject to s. 48.355 (2d), the findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the child to make it possible for the child to return safely to his or her home. An order shall be issued under s. 48.355.

SB436, s. 120 Section 120. 48.365 (2m) (ag) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 266), is amended to read:

SB436,84,16 48.365 (2m) (ag) In addition to any evidence presented under par. (a), the court shall permit give a 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 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 issue of extension. Any written or oral statement made under this paragraph shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (2) 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.

SB436, s. 121 Section 121. 48.38 (3) of the statutes is amended to read:

SB436,84,23 48.38 (3) Time. The Subject to s. 48.355 (2d) (c), the agency shall file the permanency plan with the court within 60 days after the date on which the child was first held in physical custody or placed outside of his or her home under a court order, except that if the child is held for less than 60 days in a secure detention facility, juvenile portion of a county jail or a shelter care facility, no permanency plan is required if the child is returned to his or her home within that period.

SB436, s. 122 Section 122. 48.38 (4) (a) of the statutes is amended to read:

SB436,85,7 48.38 (4) (a) The services offered and any service provided in an effort to prevent holding or placing the child outside of his or her home, while assuring that the health and safety of the child are the paramount concerns, and to make it possible for the child to return safely home, except that the permanency plan need not include a description of those services offered or provided with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.

SB436, s. 123 Section 123. 48.38 (4) (bm) of the statutes is amended to read:

SB436,85,11 48.38 (4) (bm) The availability of a safe and appropriate placement with a relative of the child and, if a decision is made not to place the child with an available relative, why placement with the relative is not safe or appropriate.

SB436, s. 124 Section 124. 48.38 (4) (e) of the statutes is amended to read:

SB436,85,17 48.38 (4) (e) The safety and appropriateness of the placement and of the services provided to meet the needs of the child and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the child or, if available, why such services are not safe or appropriate.

SB436, s. 125 Section 125. 48.38 (4) (f) 1. of the statutes is amended to read:

SB436,85,20 48.38 (4) (f) 1. Ensure proper care and treatment of the child and promote safety and stability in the placement.

SB436, s. 126 Section 126. 48.38 (4) (f) 3. of the statutes is amended to read:

SB436,85,24 48.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe return of the child to his or her home, or, if appropriate, obtain an alternative permanent placement for the child.

SB436, s. 127 Section 127. 48.38 (4) (fm) of the statutes is created to read:

SB436,86,4 48.38 (4) (fm) If the permanency plan calls for placing the child for adoption, with a guardian or in some other alternative permanent placement, the efforts made to place the child for adoption, with a guardian or in some other alternative permanent placement.

SB436, s. 128 Section 128. 48.38 (4) (g) of the statutes is amended to read:

SB436,86,8 48.38 (4) (g) The conditions, if any, upon which the child will be returned safely to his or her home, including any changes required in the parents' conduct, the child's conduct or the nature of the home.

SB436, s. 129 Section 129. 48.38 (5) (b) of the statutes is amended to read:

SB436,86,22 48.38 (5) (b) The court or the agency shall notify the parents of the child, the child if he or she is 12 years of age or older and the child's foster parent, the child's treatment foster parent or the operator of the facility in which the child is living of the date, time and place of the review, of the issues to be determined as part of the review, of the fact that they may submit have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review and of the fact that they may participate in or by participating at the review. The court or agency shall notify the person representing the interests of the public, the child's counsel and the child's guardian ad litem of the date of the review, of the issues to be determined as part of the review and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child's case record.

SB436, s. 130 Section 130. 48.38 (5) (c) 1. of the statutes is amended to read:

SB436,86,25 48.38 (5) (c) 1. The continuing necessity for and the safety and appropriateness of the placement.

SB436, s. 131 Section 131. 48.38 (5) (c) 4. of the statutes is amended to read:

SB436,87,4 48.38 (5) (c) 4. The progress toward eliminating the causes for the child's placement outside of his or her home and toward returning the child safely to his or her home or obtaining a permanent placement for the child.

SB436, s. 132 Section 132. 48.38 (5) (c) 5. of the statutes is amended to read:

SB436,87,9 48.38 (5) (c) 5. The date by which it is likely that the child will be returned to his or her home, or placed for adoption, placed under legal guardianship or otherwise permanently placed with a guardian or in some other alternative permanent placement.

SB436, s. 133 Section 133. 48.38 (5) (c) 6. (intro.), a., b. and c. of the statutes are amended to read:

SB436,87,15 48.38 (5) (c) 6. (intro.) If the child has been placed outside of his or her home for 2 years or more, as described in s. 48.365 (1), for 15 of the most recent 22 months, the appropriateness of the permanency plan and the circumstances which prevent the child from any of the following:

SB436,87,16 a. Being returned safely to his or her home;.

SB436,87,18 b. Having a petition for the involuntary termination of parental rights filed on behalf of the child;.

SB436,87,19 c. Being placed for adoption; or.

SB436, s. 134 Section 134. 48.38 (5) (c) 7. of the statutes is amended to read:

SB436,87,25 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the child to return safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.

SB436, s. 135 Section 135. 48.38 (6) (c) of the statutes is amended to read:

SB436,88,5 48.38 (6) (c) Standards for reasonable efforts to prevent placement of children outside of their homes, while assuring that their health and safety are the paramount concerns, and to make it possible for children to return safely to their homes if they have been placed outside of their homes.

SB436, s. 136 Section 136. 48.415 (1) (a) (intro.) of the statutes is amended to read:

SB436,88,8 48.415 (1) (a) (intro.) Abandonment, which, subject to par. (c), shall be established by proving that any of the following:

SB436, s. 137 Section 137. 48.415 (1) (a) 1. of the statutes is amended to read:

SB436,88,13 48.415 (1) (a) 1. The That the child has been left without provision for its the child's care or support, the petitioner has investigated the circumstances surrounding the matter and for 60 days the petitioner has been unable to find either parent;.

SB436, s. 138 Section 138. 48.415 (1) (a) 1m. of the statutes is amended to read:

SB436,88,17 48.415 (1) (a) 1m. The That the child has been left by the parent without provision for the child's care or support in a place or manner that exposes the child to substantial risk of great bodily harm, as defined in s. 939.22 (14), or death;.

SB436, s. 139 Section 139. 48.415 (1) (a) 1r. of the statutes is created to read:

SB436,88,20 48.415 (1) (a) 1r. That the child was left by the child's parent without provision for the child's care or support when the child was under 3 years of age.

SB436, s. 140 Section 140. 48.415 (1) (a) 2. of the statutes is amended to read:

SB436,88,25 48.415 (1) (a) 2. The That the child has been placed, or continued in a placement, outside the parent's home by a court order containing the notice required by s. 48.356 (2) or 938.356 (2) and the parent has failed to visit or communicate with the child for a period of 3 months or longer; or.

SB436, s. 141 Section 141. 48.415 (2) (b) 1. of the statutes is amended to read:

SB436,89,6 48.415 (2) (b) 1. In this paragraph, "diligent reasonable effort" means an earnest and conscientious effort to take good faith steps to provide the services ordered by the court which takes into consideration the characteristics of the parent or child, the level of cooperation of the parent and other relevant circumstances of the case.

SB436, s. 142 Section 142. 48.415 (2) (b) 2. of the statutes is amended to read:

SB436,89,10 48.415 (2) (b) 2. That the agency responsible for the care of the child and the family has made a diligent reasonable effort to provide the services ordered by the court.

SB436, s. 143 Section 143. 48.415 (2) (c) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 266), is amended to read:

SB436,89,17 48.415 (2) (c) That the child has been outside the home for a cumulative total period of 6 months or longer pursuant to such orders; and that the parent has failed to meet the conditions established for the safe return of the child to the home and there is a substantial likelihood that the parent will not meet these conditions within the 12-month period following the fact-finding hearing under s. 48.424.

SB436, s. 144 Section 144. 48.415 (9m) (b) of the statutes is repealed and recreated to read:

SB436,89,19 48.415 (9m) (b) In this subsection, "serious felony" means any of the following:

SB436,89,23 1. The commission of, the aiding or abetting of, or the solicitation, conspiracy or attempt 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.

SB436,90,3 2. The commission of a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 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, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 if committed in this state.

SB436,90,6 3. The commission of a violation of s. 948.21 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 948.21 if committed in this state, that resulted in the death of the victim.

SB436, s. 145 Section 145. 48.417 of the statutes is created to read:

SB436,90,15 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:

SB436,90,17 (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.

SB436,90,23 (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.

SB436,91,4 (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.

SB436,91,12 (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.

SB436,91,20 (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:

SB436,91,21 (a) The child is being cared for by a relative of the child.

SB436,91,23 (b) The child's permanency plan indicates that termination of parental rights to the child is not in the best interests of the child.

SB436,92,4 (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.