SB436, s. 100 21Section 100. 46.40 (2m) (a) of the statutes, as affected by 1997 Wisconsin Act
2227
, is amended to read:
SB436,74,223 46.40 (2m) (a) Prevention and treatment of substance abuse. For prevention
24and treatment of substance abuse under 42 USC 300x-21 to 300x-35, the

1department shall distribute not more than $9,702,400 $10,493,900 in fiscal year
21997-98 and not more than $8,641,100 $10,224,100 in fiscal year 1998-99.
SB436, s. 101 3Section 101. 48.01 (1) (a) of the statutes is amended to read:
SB436,74,174 48.01 (1) (a) While recognizing that the paramount goal of this chapter is to
5protect children, to preserve the unity of the family, whenever appropriate, by
6strengthening family life through assisting parents, whenever appropriate, in
7fulfilling their parental responsibilities. The courts and agencies responsible for
8child welfare, while assuring that a child's health and safety are the paramount
9concerns,
should assist parents in changing any circumstances in the home which
10might harm the child or which may require the child to be placed outside the home.
11The courts should recognize that they have the authority, in appropriate cases, not
12to reunite a child with his or her family. The courts and agencies responsible for child
13welfare should also recognize that instability and impermanence in family
14relationships are contrary to the welfare of children and should therefore recognize
15the importance of eliminating the need for children to wait unreasonable periods of
16time for their parents to correct the conditions that prevent their safe return to the
17family.
SB436, s. 102 18Section 102. 48.01 (1) (gg) of the statutes is amended to read:
SB436,74,2119 48.01 (1) (gg) To promote the adoption of children into safe and stable families
20rather than allowing children to remain in the impermanence of foster or treatment
21foster care.
SB436, s. 103 22Section 103. 48.21 (5) (b) of the statutes is amended to read:
SB436,75,223 48.21 (5) (b) An order relating to a child held in custody outside of his or her
24home shall also describe any efforts that were made to permit the child to remain
25safely at home and the services that are needed to ensure the child's well-being, to

1enable the child to return safely to his or her home and to involve the parents in
2planning for the child.
SB436, s. 104 3Section 104. 48.235 (8) of the statutes is repealed and recreated to read:
SB436,75,84 48.235 (8) Compensation. (a) A guardian ad litem appointed under this
5chapter shall be compensated at a rate that the court determines is reasonable,
6except that, if the court orders a county to pay the compensation of the guardian ad
7litem under par. (b) or (c) 2., the amount ordered may not exceed the compensation
8payable to a private attorney under s. 977.08 (4m) (b).
SB436,75,209 (b) Subject to par. (c), the court may order either or both of the parents of a child
10for whom a guardian ad litem is appointed under this chapter to pay all or any part
11of the compensation of the guardian ad litem. In addition, upon motion by the
12guardian ad litem, the court may order either or both of the parents of the child to
13pay the fee for an expert witness used by the guardian ad litem, if the guardian ad
14litem shows that the use of the expert is necessary to assist the guardian ad litem
15in performing his or her functions or duties under this chapter. If one or both parents
16are indigent or if the court determines that it would be unfair to a parent to require
17him or her to pay, the court may order the county of venue to pay the compensation
18and fees, in whole or in part. If the court orders the county of venue to pay because
19a parent is indigent, the court may also order either or both of the parents to
20reimburse the county, in whole or in part, for the payment.
SB436,75,2321 (c) 1. In an uncontested termination of parental rights and adoption proceeding
22under s. 48.833, the court shall order the agency that placed the child for adoption
23to pay the compensation of the child's guardian ad litem.
SB436,76,424 2. In an uncontested termination of parental rights and adoption proceeding
25under s. 48.835 or 48.837, the court shall order the proposed adoptive parents to pay

1the compensation of the child's guardian ad litem. If the proposed adoptive parents
2are indigent, the court may order the county of venue to pay the compensation, in
3whole or in part, and may order the proposed adoptive parents to reimburse the
4county, in whole or in part, for the payment.
SB436,76,95 (d) At any time before the final order in a proceeding in which a guardian ad
6litem is appointed for a child under this chapter, the court may order a parent, agency
7or proposed adoptive parent to place payments in an escrow account in an amount
8estimated to be sufficient to pay any compensation and fees payable under par. (b)
9or (c).
SB436,76,1310 (e) If the court orders a parent or proposed adoptive parent to reimburse a
11county under par. (b) or (c) 2., the court may order a separate judgment for the
12amount of the reimbursement in favor of the county and against the parent or
13proposed adoptive parent who is responsible for the reimbursement.
SB436,76,1514 (f) The court may enforce its orders under this subsection by means of its
15contempt powers.
SB436, s. 105 16Section 105. 48.27 (3) (a) 1m. of the statutes is created to read:
SB436,77,217 48.27 (3) (a) 1m. The court shall give a foster parent, treatment foster parent
18or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
19subd. 1. an opportunity to be heard at the hearing by permitting the foster parent,
20treatment foster parent or other physical custodian to make a written or oral
21statement during the hearing, or to submit a written statement prior to the hearing,
22relevant to the issues to be determined at the hearing. A foster parent, treatment
23foster parent or other physical custodian described in s. 48.62 (2) who receives a
24notice of a hearing under subd. 1. and an opportunity to be heard under this

1subdivision does not become a party to the proceeding on which the hearing is held
2solely on the basis of receiving that notice and opportunity to be heard.
SB436, s. 106 3Section 106. 48.27 (3) (a) 2. of the statutes is amended to read:
SB436,77,134 48.27 (3) (a) 2. Failure to give notice under subd. 1. to a foster parent, treatment
5foster parent or other physical custodian described in s. 48.62 (2) does not deprive the
6court of jurisdiction in the action or proceeding. If a foster parent, treatment foster
7parent or other physical custodian described in s. 48.62 (2) is not given notice of a
8hearing under subd. 1. and if the court is required under this chapter to permit that
9person to make a written or oral statement during the hearing or to submit a written
10statement prior to the hearing and that person does not make or submit such
11statement
, that person may request a rehearing on the matter during the pendency
12of an order resulting from the hearing. If the request is made, the court shall order
13a rehearing.
SB436, s. 107 14Section 107. 48.27 (6) of the statutes is amended to read:
SB436,77,2115 48.27 (6) When a proceeding is initiated under s. 48.14, all interested parties
16shall receive notice and appropriate summons shall be issued in a manner specified
17by the court, consistent with applicable governing statutes. In addition, if the child
18who is the subject of the proceeding is in the care of a foster parent, treatment foster
19parent or other physical custodian described in s. 48.62 (2), the court shall give the
20foster parent, treatment foster parent or other physical custodian notice and an
21opportunity to be heard as provided in sub. (3) (a).
SB436, s. 108 22Section 108. 48.355 (2) (b) 6. of the statutes, as affected by 1997 Wisconsin Act
2327
, is amended to read:
SB436,78,824 48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued
25placement of the child in his or her home would be contrary to the health, safety and

1welfare of the child and, if sub. (2d) does not apply, a finding as to whether the county
2department, the department, in a county having a population of 500,000 or more, or
3the agency primarily responsible for the provision of providing services under a court
4order has made reasonable efforts to prevent the removal of the child from the home,
5while assuring that the child's health and safety are the paramount
concerns, or, if
6applicable, that a finding as to whether the agency primarily responsible for the
7provision of
providing services under a court order has made reasonable efforts to
8make it possible for the child to return safely to his or her home.
SB436, s. 109 9Section 109. 48.355 (2b) of the statutes is created to read:
SB436,78,1710 48.355 (2b) Concurrent reasonable efforts permitted. A county
11department, the department, in a county having a population of 500,000 or more, or
12the agency primarily responsible for providing services to a child under a court order
13may, at the same time as the county department, department or agency is making
14the reasonable efforts required under sub. (2) (b) 6., work with the department, a
15county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed
16under s. 48.61 (5) in making reasonable efforts to place the child for adoption, with
17a guardian or in some other alternative permanent placement.
SB436, s. 110 18Section 110. 48.355 (2c) (a) (intro.) of the statutes, as affected by 1997
19Wisconsin Act 27
, is amended to read:
SB436,79,220 48.355 (2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as to
21whether the county department, the department, in a county having a population of
22500,000 or more, or the agency primarily responsible for providing services to the
23child under a court order has made reasonable efforts to prevent the removal of the
24child from his or her home, while assuring that the child's health and safety are the

1paramount concerns
, the court's consideration of reasonable efforts shall include, but
2not be limited to, whether:
SB436, s. 111 3Section 111. 48.355 (2c) (a) 1. of the statutes is amended to read:
SB436,79,64 48.355 (2c) (a) 1. A comprehensive assessment of the family's situation was
5completed, including a determination of the likelihood of protecting the child's
6health, safety and welfare effectively in the home.
SB436, s. 112 7Section 112. 48.355 (2c) (b) of the statutes is amended to read:
SB436,79,148 48.355 (2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether
9the agency primarily responsible for providing services to the child under a court
10order has made reasonable efforts to make it possible for the child to return safely
11to his or her home, the court's consideration of reasonable efforts shall include, but
12not be limited to, the considerations listed under par. (a) 1. to 5. and whether
13visitation schedules between the child and his or her parents were implemented,
14unless visitation was denied or limited by the court.
SB436, s. 113 15Section 113. 48.355 (2d) of the statutes is created to read:
SB436,79,1616 48.355 (2d) Reasonable efforts not required. (a) In this subsection:
SB436,79,2017 1. "Aggravated circumstances" include abandonment in violation of s. 948.20
18or in violation of the law of any other state or federal law if that violation would be
19a violation of s. 948.20 if committed in this state, torture, chronic abuse and sexual
20abuse.
SB436,79,2421 2. "Sexual abuse" means a violation of s. 940.225, 944.30, 948.02, 948.025,
22948.05, 948.055, 948.06, 948.09 or 948.10 or a violation of the law of any other state
23or federal law if that violation would be a violation of s. 940.225, 944.30, 948.02,
24948.025, 948.05, 948.055, 948.06, 948.09 or 948.10 if committed in this state.
SB436,80,10
1(b) Notwithstanding sub. (2) (b) 6., the court need not include in a dispositional
2order a finding as to whether the county department, the department, in a county
3having a population of 500,000 or more, or the agency primarily responsible for
4providing services under a court order has made reasonable efforts with respect to
5a parent of a child to prevent the removal of the child from the home, while assuring
6that the child's health and safety are the paramount concerns, or, if applicable, a
7finding as to whether the agency primarily responsible for providing services under
8a court order has made reasonable efforts with respect to a parent of a child to make
9it possible for the child to return safely to his or her home, if the court finds, as
10evidenced by a final judgment of conviction, any of the following:
SB436,80,1111 1. That the parent has subjected the child to aggravated circumstances.
SB436,80,1612 2. That the parent has committed, has aided or abetted the commission of, or
13has solicited, conspired or attempted to commit, a violation of s. 940.01, 940.02,
14940.03 or 940.05 or a violation of the law of any other state or federal law, if that
15violation would be a violation of s. 940.01, 940.02, 940.03 or 940.05 if committed in
16this state, and that the victim of that violation is a child of the parent.
SB436,80,2317 3. That the parent has committed a violation of s. 940.19 (2), (3), (4) or (5),
18940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation
19of the law of any other state or federal law, if that violation would be a violation of
20s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2)
21(a) or (3) (a) if committed in this state, and that the violation resulted in great bodily
22harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s.
23939.22 (38), to the child or another child of the parent.
SB436,80,2524 4. That the parental rights of the parent to another child have been
25involuntarily terminated.
SB436,81,5
1(c) If the court makes a finding specified in par. (b) 1., 2., 3. or 4., the court shall
2hold a hearing within 30 days after the date of that finding to determine the
3permanency plan for the child. If a hearing is held under this paragraph, the agency
4responsible for preparing the permanency plan shall file the permanency plan with
5the court not less than 5 days before the date of the hearing.
SB436, s. 114 6Section 114. 48.357 (2r) of the statutes, as created by 1997 Wisconsin Act ....
7(Assembly Bill 266), is amended to read:
SB436,81,218 48.357 (2r) If a hearing is held under sub. (1) or (2m) and the change in
9placement would remove a child from a foster home, treatment foster home or other
10placement with a physical custodian described in s. 48.62 (2), the court shall permit
11give the foster parent, treatment foster parent or other physical custodian described
12in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster
13parent, treatment foster parent or other physical custodian
to make a written or oral
14statement during the hearing or to submit a written statement prior to the hearing,
15relating to the child and the requested change in placement. Any written or oral
16statement made under this subsection shall be made under oath or affirmation. A
17foster parent, treatment foster parent or other physical custodian described in s.
1848.62 (2) who receives notice of a hearing under sub. (1) or (2m) and an opportunity
19to be heard under this subsection does not become a party to the proceeding on which
20the hearing is held solely on the basis of receiving that notice and opportunity to be
21heard.
SB436, s. 115 22Section 115. 48.363 (1m) of the statutes, as affected by 1997 Wisconsin Act ....
23(Assembly Bill 266), is amended to read:
SB436,82,1124 48.363 (1m) If a hearing is held under sub. (1), any party may present evidence
25relevant to the issue of revision of the dispositional order. In addition, the court shall

1permit give a foster parent, treatment foster parent or other physical custodian
2described in s. 48.62 (2) of the child an opportunity to be heard at the hearing by
3permitting the foster parent, treatment foster parent or other physical custodian
to
4make a written or oral statement during the hearing, or to submit a written
5statement prior to the hearing, relevant to the issue of revision. Any written or oral
6statement made under this subsection shall be made under oath or affirmation. A
7foster parent, treatment foster parent or other physical custodian described in s.
848.62 (2) who receives notice of a hearing under sub. (1) and an opportunity to be
9heard under this subsection does not become a party to the proceeding on which the
10hearing is held solely on the basis of receiving that notice and opportunity to be
11heard.
SB436, s. 116 12Section 116. 48.365 (1) of the statutes is amended to read:
SB436,82,2013 48.365 (1) In this section, "2 or more years" means a period of time that begins
14with the first placement of the child
a child is considered to have been placed outside
15of his or her home pursuant to an order under this section or s. 48.345, 48.357 or
1648.363 and includes any period of time in which the child returned home, unless the
17periods of time at home account for the majority of the time since the first placement

18on the date on which the court first found that the child has been subjected to abuse
19or neglect or on the date that is 60 days after the date on which the child was removed
20from his or her home, whichever is earlier
.
SB436, s. 117 21Section 117. 48.365 (2g) (b) 2. of the statutes is amended to read:
SB436,83,222 48.365 (2g) (b) 2. An evaluation of the child's adjustment to the placement and
23of any progress the child has made, suggestions for amendment of the permanency
24plan, a description of efforts to return the child safely to his or her home, including
25efforts of the parents to remedy factors which contributed to the child's placement

1and, if continued placement outside of the child's home is recommended, an
2explanation of why returning the child to his or her home is not safe or feasible.
SB436, s. 118 3Section 118. 48.365 (2g) (b) 3. of the statutes is amended to read:
SB436,83,194 48.365 (2g) (b) 3. If the child has been placed outside of his or her home for 2
5or more years
15 of the most recent 22 months, a statement of whether or not a
6recommendation has been made to terminate the parental rights of the parents of
7the child. If a recommendation for a termination of parental rights has been made,
8the statement shall indicate the date on which the recommendation was made, any
9previous progress made to accomplish the termination of parental rights, any
10barriers to the termination of parental rights, specific steps to overcome the barriers
11and when the steps will be completed, reasons why adoption would be in the best
12interest of the child and whether or not the child should be registered with the
13adoption information exchange. If a recommendation for termination of parental
14rights has not been made, the statement shall include an explanation of the reasons
15why a recommendation for termination of parental rights has not been made. If the
16lack of appropriate adoptive resources is the primary reason for not recommending
17a termination of parental rights, the agency shall recommend that the child be
18registered with the adoption information exchange or report the reason why
19registering the child is contrary to the best interest of the child.
SB436, s. 119 20Section 119. 48.365 (2m) (a) of the statutes is amended to read:
SB436,84,221 48.365 (2m) (a) Any party may present evidence relevant to the issue of
22extension. The judge shall make findings of fact and conclusions of law based on the
23evidence, including. Subject to s. 48.355 (2d), the findings of fact shall include a
24finding as to whether reasonable efforts were made by the agency primarily

1responsible for providing services to the child to make it possible for the child to
2return safely to his or her home. An order shall be issued under s. 48.355.
SB436, s. 120 3Section 120. 48.365 (2m) (ag) of the statutes, as affected by 1997 Wisconsin
4Act .... (Assembly Bill 266), is amended to read:
SB436,84,165 48.365 (2m) (ag) In addition to any evidence presented under par. (a), the court
6shall permit give a foster parent, treatment foster parent or other physical custodian
7described in s. 48.62 (2) of the child an opportunity to be heard at the hearing by
8permitting the foster parent, treatment foster parent or other physical custodian
to
9make a written or oral statement during the hearing, or to submit a written
10statement prior to the hearing, relevant to the issue of extension. Any written or oral
11statement made under this paragraph shall be made under oath or affirmation. A
12foster parent, treatment foster parent or other physical custodian described in s.
1348.62 (2) who receives notice of a hearing under sub. (2) and an opportunity to be
14heard under this paragraph does not become a party to the proceeding on which the
15hearing is held solely on the basis of receiving that notice and opportunity to be
16heard.
SB436, s. 121 17Section 121. 48.38 (3) of the statutes is amended to read:
SB436,84,2318 48.38 (3) Time. The Subject to s. 48.355 (2d) (c), the agency shall file the
19permanency plan with the court within 60 days after the date on which the child was
20first held in physical custody or placed outside of his or her home under a court order,
21except that if the child is held for less than 60 days in a secure detention facility,
22juvenile portion of a county jail or a shelter care facility, no permanency plan is
23required if the child is returned to his or her home within that period.
SB436, s. 122 24Section 122. 48.38 (4) (a) of the statutes is amended to read:
SB436,85,7
148.38 (4) (a) The services offered and any service provided in an effort to
2prevent holding or placing the child outside of his or her home, while assuring that
3the health and safety of the child are the paramount concerns
, and to make it possible
4for the child to return safely home, except that the permanency plan need not include
5a description of those services offered or provided with respect to a parent of the child
6if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3. or 4. apply to that
7parent
.
SB436, s. 123 8Section 123. 48.38 (4) (bm) of the statutes is amended to read:
SB436,85,119 48.38 (4) (bm) The availability of a safe and appropriate placement with a
10relative of the child and, if a decision is made not to place the child with an available
11relative, why placement with the relative is not safe or appropriate.
SB436, s. 124 12Section 124. 48.38 (4) (e) of the statutes is amended to read:
SB436,85,1713 48.38 (4) (e) The safety and appropriateness of the placement and of the
14services provided to meet the needs of the child and family, including a discussion of
15services that have been investigated and considered and are not available or likely
16to become available within a reasonable time to meet the needs of the child or, if
17available, why such services are not safe or appropriate.
SB436, s. 125 18Section 125. 48.38 (4) (f) 1. of the statutes is amended to read:
SB436,85,2019 48.38 (4) (f) 1. Ensure proper care and treatment of the child and promote
20safety and stability in the placement.
SB436, s. 126 21Section 126. 48.38 (4) (f) 3. of the statutes is amended to read:
SB436,85,2422 48.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe
23return of the child to his or her home, or, if appropriate, obtain an alternative
24permanent placement for the child.
SB436, s. 127 25Section 127. 48.38 (4) (fm) of the statutes is created to read:
SB436,86,4
148.38 (4) (fm) If the permanency plan calls for placing the child for adoption,
2with a guardian or in some other alternative permanent placement, the efforts made
3to place the child for adoption, with a guardian or in some other alternative
4permanent placement.
SB436, s. 128 5Section 128. 48.38 (4) (g) of the statutes is amended to read:
SB436,86,86 48.38 (4) (g) The conditions, if any, upon which the child will be returned safely
7to his or her home, including any changes required in the parents' conduct, the child's
8conduct or the nature of the home.
SB436, s. 129 9Section 129. 48.38 (5) (b) of the statutes is amended to read:
SB436,86,2210 48.38 (5) (b) The court or the agency shall notify the parents of the child, the
11child if he or she is 12 years of age or older and the child's foster parent, the child's
12treatment foster parent or the operator of the facility in which the child is living of
13the date, time and place of the review, of the issues to be determined as part of the
14review, of the fact that they may submit have an opportunity to be heard at the review
15by submitting
written comments not less than 10 working days before the review and
16of the fact that they may participate in
or by participating at the review. The court
17or agency shall notify the person representing the interests of the public, the child's
18counsel and the child's guardian ad litem of the date of the review, of the issues to
19be determined as part of the review and of the fact that they may submit written
20comments not less than 10 working days before the review. The notices under this
21paragraph shall be provided in writing not less than 30 days before the review and
22copies of the notices shall be filed in the child's case record.
SB436, s. 130 23Section 130. 48.38 (5) (c) 1. of the statutes is amended to read:
SB436,86,2524 48.38 (5) (c) 1. The continuing necessity for and the safety and appropriateness
25of the placement.
SB436, s. 131
1Section 131. 48.38 (5) (c) 4. of the statutes is amended to read:
SB436,87,42 48.38 (5) (c) 4. The progress toward eliminating the causes for the child's
3placement outside of his or her home and toward returning the child safely to his or
4her home or obtaining a permanent placement for the child.
SB436, s. 132 5Section 132. 48.38 (5) (c) 5. of the statutes is amended to read:
SB436,87,96 48.38 (5) (c) 5. The date by which it is likely that the child will be returned to
7his or her home, or placed for adoption, placed under legal guardianship or otherwise
8permanently placed
with a guardian or in some other alternative permanent
9placement
.
SB436, s. 133 10Section 133. 48.38 (5) (c) 6. (intro.), a., b. and c. of the statutes are amended
11to read:
SB436,87,1512 48.38 (5) (c) 6. (intro.) If the child has been placed outside of his or her home
13for 2 years or more, as described in s. 48.365 (1), for 15 of the most recent 22 months,
14the appropriateness of the permanency plan and the circumstances which prevent
15the child from any of the following:
SB436,87,1616 a. Being returned safely to his or her home;.
SB436,87,1817 b. Having a petition for the involuntary termination of parental rights filed on
18behalf of the child;.
SB436,87,1919 c. Being placed for adoption; or.
SB436, s. 134 20Section 134. 48.38 (5) (c) 7. of the statutes is amended to read:
SB436,87,2521 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make
22it possible for the child to return safely to his or her home, except that the court or
23panel need not determine whether those reasonable efforts were made with respect
24to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1.,
252., 3. or 4. apply to that parent
.
SB436, s. 135
1Section 135. 48.38 (6) (c) of the statutes is amended to read:
SB436,88,52 48.38 (6) (c) Standards for reasonable efforts to prevent placement of children
3outside of their homes, while assuring that their health and safety are the
4paramount concerns,
and to make it possible for children to return safely to their
5homes if they have been placed outside of their homes.
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