SB436: Bill Text

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.

SB436,92,10 (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.

SB436,92,13 (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.

SB436, s. 146 Section 146. 48.42 (2g) (am) of the statutes is created to read:

SB436,92,24 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.

SB436, s. 147 Section 147. 48.42 (2g) (b) of the statutes, as created by 1997 Wisconsin Act .... (Assembly Bill 266), is amended to read:

SB436,93,12 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.

SB436, s. 148 Section 148. 48.425 (1) (c) of the statutes is amended to read:

SB436,93,20 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.

SB436, s. 149 Section 149. 48.425 (1) (d) of the statutes is amended to read:

SB436,93,23 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.

SB436, s. 150 Section 150. 48.427 (1m) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 266), is amended to read:

SB436,94,11 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.

SB436, s. 151 Section 151. 48.43 (1) (d) of the statutes is created to read:

SB436,94,14 48.43 (1) (d) A finding that the termination of parental rights is in the best interests of the child.

SB436, s. 152 Section 152. 48.57 (3m) (am) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB436,94,20 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.

SB436, s. 153 Section 153. 48.66 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB436,95,14 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.

SB436, s. 154 Section 154. 48.66 (2) of the statutes is amended to read:

SB436,95,21 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.

SB436, s. 155 Section 155. 48.66 (2m) of the statutes is created to read:

SB436,96,3 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.

SB436,96,9 (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.

SB436,96,12 (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.

SB436, s. 156 Section 156. 48.685 (1) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read: