AB722: Bill Text

Agency decision or order. Under current law, if a child has been placed in a foster home, treatment foster home, or group home or in the home of a relative other than a parent for six months or longer, the Department of Children and Families (DCF), the county department of human services or social services (county department), or licensed child welfare agency (collectively, "agency") that placed the child must give the head of the home written notice of intent to remove the child from the home, stating the reasons for the removal. In those cases, the child may not be removed from the home before completion of a hearing before DCF or the circuit court to review the removal decision, if a hearing has been requested, or 30 days after receipt of the notice of intent to remove, whichever is later, unless the safety of the child requires removal.

Also, under current law, any decision or order issued by an agency that affects the head of a foster home, treatment foster home, or group home, the head of the home of a relative other than a parent in which a child is placed, or the child involved may be appealed to DCF under fair hearing procedures. Under those procedures, the head of the home is entitled to be represented by counsel, to examine documents and records, to bring witnesses, to confront and cross-examine adverse witnesses, and to have judicial review of DCF's decision.

In addition, under current law, an interested party may file a petition with the circuit court for the county where a child is placed alleging that a decision or order of the agency supervising the child's placement is not in the best interests of the child. On receipt of a petition, the circuit court may call a hearing for the purpose of reviewing the decision or order. If the child is placed in a foster home or in the home of a relative other than a parent, the foster parent or relative may present relevant evidence at the hearing.

This bill makes the rights of the head of a foster home, treatment foster home, group home, or home of a relative other than a parent in connection with an appeal of an agency decision or order removing a child from the person's home consistent with the rights of a foster parent, treatment foster parent, or other physical custodian in connection with a change in placement proceeding. Specifically, the bill provides that, if the head of a foster home, treatment foster home, group home, or home of a relative other than a parent in which a child has been placed for six months or more appeals an agency decision affecting the head of the home to DCF or files a petition with the circuit court requesting the circuit court to review the agency decision or order, the head of the home is a party to the proceeding and, as a party, has the right to be represented by counsel, to inspect and copy, through counsel, all records relating to the child, to request that the child be examined or assessed by an expert of his or her own choosing, to present evidence, including expert testimony, to confront and cross-examine witnesses, and to present alternative placement recommendations.

Placement of child for adoption

Current law requires an agency, before placing a child for adoption, to consider the availability of a placement for adoption with a relative of the child. This bill requires an agency, before placing for adoption a child who has been placed in the home of a foster parent, treatment foster parent, or other physical custodian for six months or more, to first consider the availability of a placement for adoption with that foster parent, treatment foster parent, or other physical custodian before considering the availability of a placement for adoption with a relative.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB722, s. 1 Section 1. 48.293 (2) of the statutes is amended to read:

AB722,5,16 48.293 (2) All records relating to a child, or to an unborn child and the unborn child's expectant mother, which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party and to inspection, by the court-appointed special advocate for the child, or by counsel for any foster parent, treatment foster parent, or other physical custodian described in s. 48.357 (2r) (b), upon demand and upon presentation of releases when necessary, at least 48 96 hours before the proceeding. Persons and unborn children, by their guardians ad litem, entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel, a guardian ad litem, or a court-appointed special advocate not to disclose specified items in the materials records to the child or, the parent, or to the expectant mother, or the child's foster parent, treatment foster parent, or other physical custodian described in s. 48.357 (2r) (b) if the court reasonably believes that the disclosure would be harmful to the interests of the child or the unborn child.

AB722, s. 2 Section 2. 48.293 (2) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,6,10 48.293 (2) All records relating to a child or to an unborn child and the unborn child's expectant mother shall be open to inspection by a guardian ad litem or counsel for any party, by the court-appointed special advocate for the child, or by counsel for any foster parent or other physical custodian described in s. 48.357 (2r) (b), upon demand and upon presentation of releases when necessary, at least 96 hours before the proceeding. Persons and unborn children, by their guardians ad litem, entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel, a guardian ad litem, or a court-appointed special advocate not to disclose specified items in the records to the child, the parent, the expectant mother, or the child's foster parent or other physical custodian described in s. 48.357 (2r) (b) if the court reasonably believes that the disclosure would be harmful to the interests of the child or the unborn child.

AB722, s. 3 Section 3. 48.295 (1) of the statutes is amended to read:

AB722,7,10 48.295 (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist, or licensed psychologist, or by another expert appointed by the court holding at least a master's degree in social work or another related field of child development, in order that the child's physical, psychological, alcohol or other drug dependency, mental, or developmental condition may be considered. The court may also order a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for a child is at issue before the court or of an expectant mother whose ability to control her use of alcohol beverages, controlled substances, or controlled substance analogs is at issue before the court. The court shall hear any objections by the child or, the child's parents, guardian, or legal custodian, or the child's foster parent, treatment foster parent, or other physical custodian described in s. 48.357 (2r) (b) to the request for such an examination or assessment before ordering the examination or assessment. The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.

AB722, s. 4 Section 4. 48.295 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,8,11 48.295 (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist, or licensed psychologist, or by another expert appointed by the court holding at least a master's degree in social work or another related field of child development, in order that the child's physical, psychological, alcohol or other drug dependency, mental, or developmental condition may be considered. The court may also order a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for a child is at issue before the court or of an expectant mother whose ability to control her use of alcohol beverages, controlled substances, or controlled substance analogs is at issue before the court. The court shall hear any objections by the child, the child's parents, guardian, or legal custodian, or the child's foster parent or other physical custodian described in s. 48.357 (2r) (b) to the request for such an examination or assessment before ordering the examination or assessment. The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.

AB722, s. 5 Section 5. 48.295 (3) of the statutes is amended to read:

AB722,8,17 48.295 (3) If the child, the child's parent or, the expectant mother, or the child's foster parent, treatment foster parent, or other physical custodian described in s. 48.357 (2r) (b) objects to a particular physician, psychiatrist, licensed psychologist, or other expert as required under this section, the court shall appoint a different physician, psychiatrist, psychologist, or other expert as required under this section.

AB722, s. 6 Section 6. 48.295 (3) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,8,24 48.295 (3) If the child, the child's parent, the expectant mother, or the child's foster parent or other physical custodian described in s. 48.357 (2r) (b) objects to a particular physician, psychiatrist, licensed psychologist, or other expert as required under this section, the court shall appoint a different physician, psychiatrist, psychologist, or other expert as required under this section.

AB722, s. 7 Section 7. 48.33 (5) of the statutes is amended to read:

AB722,9,15 48.33 (5) Identity of foster parent or treatment foster parent; confidentiality. If the report recommends placement in a foster home or a treatment foster home, and the name of the foster parent or treatment foster parent is not available at the time the report is filed, the agency shall provide the court and the child's parent or guardian with the name and address of the foster parent or treatment foster parent within 21 days after the dispositional order is entered. If the foster parent or treatment foster parent has consented under s. 48.62 (3m) to the disclosure of that information to the child's parent or guardian or to any other adult relative of the child, the agency shall also provide that information to that parent, guardian, or adult relative within those 21 days, except that the court may order the information withheld from the child's that parent or, guardian, or adult relative if the court finds that disclosure would result in imminent danger to the child or to the foster parent or treatment foster parent. After notifying the child's that parent or, guardian, or adult relative, the court shall hold a hearing prior to ordering the information withheld.

AB722, s. 8 Section 8. 48.33 (5) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB722,9,25 48.33 (5) Identity of foster parent; confidentiality. If the report recommends placement in a foster home and the name of the foster parent is not available at the time the report is filed, the agency shall provide the court with the name and address of the foster parent within 21 days after the dispositional order is entered. If the foster parent has consented under s. 48.62 (3m) to the disclosure of that information to the child's parent or guardian or to any other adult relative of the child, the agency shall also provide that information to that parent, guardian, or adult relative within those 21 days, except that the court may order the information withheld from that parent, guardian, or adult relative if the court finds that disclosure would result in imminent danger to the child or to the foster parent. After notifying that parent, guardian, or adult relative, the court shall hold a hearing prior to ordering the information withheld.

AB722, s. 9 Section 9. 48.355 (2) (b) 2. of the statutes is amended to read:

AB722,10,22 48.355 (2) (b) 2. If the child is placed outside the home, the name of the place or facility, including transitional placements, where the child shall will be cared for or treated, except that if the placement is a foster home or treatment foster home and the name and address of the foster parent or treatment foster parent is not available at the time of the order, the name and address of the foster parent or treatment foster parent shall be furnished to the court and the parent within 21 days of the order. If the foster parent or treatment foster parent has consented under s. 48.62 (3m) to the disclosure of that information to the child's parent or guardian or to any other adult relative of the child, the agency shall also provide that information to that parent, guardian, or adult relative within those 21 days, except that the judge may order that information to be withheld from that parent, guardian, or adult relative as provided in this subdivision. If, after a hearing on the issue with due notice to the parent or, guardian, or adult relative, the judge finds that disclosure of the identity of the foster parent or treatment foster parent would result in imminent danger to the child, the foster parent, or the treatment foster parent, the judge may order the name and address of the prospective foster parents or treatment foster parents withheld from the parent or, guardian, or adult relative.

AB722, s. 10 Section 10. 48.355 (2) (b) 2. of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB722,11,15 48.355 (2) (b) 2. If the child is placed outside the home, the name of the place or facility, including transitional placements, where the child will be cared for or treated, except that if the placement is a foster home and the name and address of the foster parent is not available at the time of the order, the name and address of the foster parent shall be furnished to the court within 21 days after the order. If the foster parent has consented under s. 48.62 (3m) to the disclosure of that information to the child's parent or guardian or to any other adult relative of the child, the agency shall also provide that information to that parent, guardian, or adult relative within those 21 days, except that the judge may order that information to be withheld from that parent, guardian, or adult relative as provided in this subdivision. If, after a hearing on the issue with due notice to the parent, guardian, or adult relative, the judge finds that disclosure of the identity of the foster parent would result in imminent danger to the child or the foster parent, the judge may order the name and address of the prospective foster parents withheld from the parent, guardian, or adult relative.

AB722, s. 11 Section 11. 48.357 (1) (am) 1. of the statutes, as affected by 2009 Wisconsin Act 94, section 80, is amended to read:

AB722,12,10 48.357 (1) (am) 1. If the proposed change in placement involves any change in placement other than a change in placement specified in par. (c), the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel shall cause written notice of the proposed change in placement to be sent to the child, the parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, and, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe. If the child is the expectant mother of an unborn child under s. 48.133, written notice shall also be sent to the unborn child by the unborn child's guardian ad litem. If the change in placement involves an adult expectant mother of an unborn child under s. 48.133, written notice shall be sent to the adult expectant mother and the unborn child by the unborn child's guardian ad litem. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement would be in the best interest of the child, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court.

AB722, s. 12 Section 12. 48.357 (1) (am) 1. of the statutes, as affected by 2009 Wisconsin Act 94, section 81, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,13,5 48.357 (1) (am) 1. If the proposed change in placement involves any change in placement other than a change in placement specified in par. (c), the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel shall cause written notice of the proposed change in placement to be sent to the child, the parent, guardian, and legal custodian of the child, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, and, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe. If the child is the expectant mother of an unborn child under s. 48.133, written notice shall also be sent to the unborn child by the unborn child's guardian ad litem. If the change in placement involves an adult expectant mother of an unborn child under s. 48.133, written notice shall be sent to the adult expectant mother and the unborn child by the unborn child's guardian ad litem. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement would be in the best interests of the child, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court.

AB722, s. 13 Section 13. 48.357 (1) (am) 2m. of the statutes, as affected by 2009 Wisconsin Act 94, is amended to read:

AB722,13,13 48.357 (1) (am) 2m. Changes in placement that were authorized in the dispositional order may be made immediately if notice is given as required under subd. 1. In addition, a hearing is not required for placement changes authorized in the dispositional order except when an objection filed by a person who received notice alleges that new information is available that affects the advisability of the court's dispositional order.

AB722, s. 14 Section 14. 48.357 (1) (am) 2r. of the statutes is created to read:

AB722,13,21 48.357 (1) (am) 2r. In the case of a child who has been placed in the home of a foster parent, treatment foster parent, or other physical custodian for 6 months or more, if a hearing is held on a proposed change in placement of such a child to another placement outside the home, the court shall consider as paramount the best interests of the child in determining whether to continue placement of the child in his or her current placement or to change the child's placement to the proposed change in placement.

AB722, s. 15 Section 15. 48.357 (1) (am) 2r. of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB722,14,5 48.357 (1) (am) 2r. In the case of a child who has been placed in the home of a foster parent, treatment foster parent, or other physical custodian for 6 months or more, if a hearing is held on a proposed change in placement of such a child to another placement outside the home, the court shall consider as paramount the best interests of the child in determining whether to continue placement of the child in his or her current placement or to change the child's placement to the proposed change in placement.

AB722, s. 16 Section 16. 48.357 (1) (c) 1. of the statutes is amended to read:

AB722,14,21 48.357 (1) (c) 1. If the proposed change in placement would change the placement of a child placed in the home to a placement outside the home, the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel shall submit a request for the change in placement to the court. The request shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement would be in the best interests of the child, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. The request shall also contain specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child and, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, specific information showing that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns.

AB722, s. 17 Section 17. 48.357 (2m) (a) of the statutes, as affected by 2009 Wisconsin Act 94, is amended to read:

AB722,15,15 48.357 (2m) (a) The child, the parent, guardian, legal custodian, or Indian custodian of the child, the expectant mother, the unborn child by the unborn child's guardian ad litem, or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this paragraph. The request shall contain the name and address of the new placement requested and shall state what new information is available that affects the advisability of the current placement and why the new placement would be in the best interests of the child. If the proposed change in placement would change the placement of a child placed in the child's home to a placement outside the child's home, the request shall also contain specific information showing that continued placement of the child in the home would be contrary to the welfare of the child and, unless any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies, specific information showing that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns. The request shall be submitted to the court. The court may also propose a change in placement on its own motion.

AB722, s. 18 Section 18. 48.357 (2m) (b) of the statutes, as affected by 2009 Wisconsin Act 79, section 28, and 2009 Wisconsin Act 94, section 91, is amended to read:

AB722,16,15 48.357 (2m) (b) The court shall hold a hearing prior to ordering any change in placement requested or proposed under par. (a) if the request states that new information is available that affects the advisability of the current placement and why the new placement would be in the best interests of the child. A hearing is not required if the requested or proposed change in placement does not involve a change in placement of a child placed in the child's home to a placement outside the child's home, written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under this paragraph, other than a court-appointed special advocate, and the court approves. If a hearing is scheduled, not less than 3 days before the hearing the court shall notify the child, the parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is an Indian child, the Indian child's Indian custodian and tribe. If the child is the expectant mother of an unborn child under s. 48.133, the court shall also notify the unborn child by the unborn child's guardian ad litem. If the change in placement involves an adult expectant mother of an unborn child under s. 48.133, the court shall notify the adult expectant mother, the unborn child by the unborn child's guardian ad litem, and all parties who are bound by the dispositional order, at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. Subject to par. (bm) (br), if all of the parties consent, the court may proceed immediately with the hearing.

AB722, s. 19 Section 19. 48.357 (2m) (b) of the statutes, as affected by 2009 Wisconsin Act 79, section 29, 2009 Wisconsin Act 94, section 92, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,17,15 48.357 (2m) (b) The court shall hold a hearing prior to ordering any change in placement requested or proposed under par. (a) if the request states that information is available that affects the advisability of the current placement and why the new placement would be in the best interests of the child. A hearing is not required if the requested or proposed change in placement does not involve a change in placement of a child placed in the child's home to a placement outside the child's home, written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under this paragraph, other than a court-appointed special advocate, and the court approves. If a hearing is scheduled, not less than 3 days before the hearing the court shall notify the child, the parent, guardian, and legal custodian of the child, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is an Indian child, the Indian child's Indian custodian and tribe. If the child is the expectant mother of an unborn child under s. 48.133, the court shall also notify the unborn child by the unborn child's guardian ad litem. If the change in placement involves an adult expectant mother of an unborn child under s. 48.133, the court shall notify the adult expectant mother, the unborn child by the unborn child's guardian ad litem, and all parties who are bound by the dispositional order, at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. Subject to par. (br), if all of the parties consent, the court may proceed immediately with the hearing.

AB722, s. 20 Section 20. 48.357 (2m) (bp) of the statutes is created to read:

AB722,17,23 48.357 (2m) (bp) In the case of a child who has been placed in the home of a foster parent, treatment foster parent, or other physical custodian for 6 months or more, if a hearing is held on a proposed change in placement of such a child to another placement outside the home, the court shall consider as paramount the best interests of the child in determining whether to continue placement of the child in his or her current placement or to change the child's placement to the proposed change in placement.

AB722, s. 21 Section 21. 48.357 (2m) (bp) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB722,18,7 48.357 (2m) (bp) In the case of a child who has been placed in the home of a foster parent, treatment foster parent, or other physical custodian for 6 months or more, if a hearing is held on a proposed change in placement of such a child to another placement outside the home, the court shall consider as paramount the best interests of the child in determining whether to continue placement of the child in his or her current placement or to change the child's placement to the proposed change in placement.

AB722, s. 22 Section 22. 48.357 (2r) of the statutes, as affected by 2009 Wisconsin Act 79, section 31, is renumbered 48.357 (2r) (a) and amended to read:

AB722,18,22 48.357 (2r) (a) If a hearing is held under sub. (1) (am) 2. or (2m) (b) 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) in which the child has been placed for less than 6 months, the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) a right 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. 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) (am) 1. or (2m) (b) and a right to be heard under this subsection paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

AB722, s. 23 Section 23. 48.357 (2r) of the statutes, as affected by 2009 Wisconsin Act 79, section 32, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,19,12 48.357 (2r) (a) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove a child from a foster home or other placement with a physical custodian described in s. 48.62 (2) in which the child has been placed for less than 6 months, the court shall give the foster parent or other physical custodian a right to be heard at the hearing by permitting the 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. A foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (am) 1. or (2m) (b) and a right 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 right to be heard.

AB722,20,3 (b) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove a child from a foster home or other placement with a physical custodian described in s. 48.62 (2) in which the child has been placed for 6 months or more, the foster parent or other physical custodian shall become a party to the proceeding and, as a party, shall have the right to be heard as described in par. (a), to be represented by counsel, to request an examination or assessment of the child under s. 48.295 by an expert of the foster parent's or other physical custodian's own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the foster parent or other physical custodian may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the foster parent or other physical custodian discloses a record to the foster parent or other physical custodian, counsel shall advise that person that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the change-in-placement proceeding.

AB722, s. 24 Section 24. 48.357 (2r) (b) of the statutes is created to read:

AB722,20,22 48.357 (2r) (b) If a hearing is held under sub. (1) (am) 2. or (2m) (b) 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) in which the child has been placed for 6 months or more, the foster parent, treatment foster parent, or other physical custodian shall become a party to the proceeding and, as a party, shall have the right to be heard as described in par. (a), to be represented by counsel, to request an examination or assessment of the child under s. 48.295 by an expert of the foster parent's, treatment foster parent's, or other physical custodian's own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the foster parent, treatment foster parent, or other physical custodian may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the foster parent, treatment foster parent, or other physical custodian discloses a record to the foster parent, treatment foster parent, or other physical custodian, counsel shall advise that person that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the change-in-placement proceeding.

AB722, s. 25 Section 25. 48.38 (4) (c) of the statutes is amended to read:

AB722,21,4 48.38 (4) (c) The location and type of facility in which the child is currently held or placed, and the location and type of facility in which the child will be placed. If the child is or will be placed in a foster home or treatment foster home, the information specified in this paragraph may not be disclosed to the child's parent or guardian or to any other adult relative of the child without the consent of the foster parent or treatment foster parent under s. 48.62 (3m).

AB722, s. 26 Section 26. 48.38 (4) (c) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,21,11 48.38 (4) (c) The location and type of facility in which the child is currently held or placed, and the location and type of facility in which the child will be placed. If the child is or will be placed in a foster home, the information specified in this paragraph may not be disclosed to the child's parent or guardian or to any other adult relative of the child without the consent of the foster parent under s. 48.62 (3m).

AB722, s. 27 Section 27. 48.62 (3m) of the statutes is created to read:

AB722,22,3 48.62 (3m) The name, other than the first name, and address of a person licensed to operate a foster home or treatment foster home may not be disclosed to the parent or guardian of a child placed in the home or to any other adult relative of the child without the written consent of the licensee. When the department, a county department, or a child welfare agency issues a license to operate a foster home or treatment foster home, the department, county department, or child welfare agency shall notify the licensee of that confidentiality requirement. A person licensed to operate a foster home or a treatment foster home may consent to the disclosure of his or her full name and address to the parent or guardian of a child placed in the person's care or to an adult relative of the child by submitting a signed and dated statement to the department, county department, or child welfare agency stating the name of the child and indicating that the person consents to the disclosure of that information to the parent, guardian, or other adult relative. Consent under this subsection shall be given individually with respect to each child in the care of a licensee, except that a licensee may provide one consent covering all members of a sibling group in the care of the licensee.

AB722, s. 28 Section 28. 48.62 (3m) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB722,22,21 48.62 (3m) The name, other than the first name, and address of a person licensed to operate a foster home or treatment foster home may not be disclosed to the parent or guardian of a child placed in the home or to any other adult relative of the child without the written consent of the licensee. When the department, a county department, or a child welfare agency issues a license to operate a foster home or treatment foster home, the department, county department, or child welfare agency shall notify the licensee of that confidentiality requirement. A person licensed to operate a foster home or a treatment foster home may consent to the disclosure of his or her full name and address to the parent or guardian of a child placed in the person's care or to an adult relative of the child by submitting a signed and dated statement to the department, county department, or child welfare agency stating the name of the child and indicating that the person consents to the disclosure of that information to the parent, guardian, or other adult relative. Consent under this subsection shall be given individually with respect to each child in the care of a licensee, except that a licensee may provide one consent covering all members of a sibling group in the care of the licensee.

AB722, s. 29 Section 29. 48.64 (4) (a) of the statutes, as affected by 2009 Wisconsin Act 81, section 6, is renumbered 48.64 (4) (a) 1. and amended to read:

AB722,23,16 48.64 (4) (a) 1. Any decision or order issued by an agency that affects the head of a foster home, treatment foster home, or group home, the head of the home of a relative other than a parent in which a child is placed, or the child involved may be appealed to the department under fair hearing procedures established under rules promulgated by the department. Upon receipt of an appeal, the department shall give the head of the home reasonable notice and an opportunity for a fair hearing. The department may make such any additional investigation as the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. Each person receiving notice of the hearing is entitled to be represented at the hearing. At all hearings conducted under this paragraph, the head of the home, or a representative of the head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses.

AB722,24,7 3. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

AB722, s. 30 Section 30. 48.64 (4) (a) of the statutes, as affected by 2009 Wisconsin Act 81, section 6m, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,24,20 48.64 (4) (a) 1. Any decision or order issued by an agency that affects the head of a foster home or group home, the head of the home of a relative other than a parent in which a child is placed, or the child involved may be appealed to the department under fair hearing procedures established under rules promulgated by the department. Upon receipt of an appeal, the department shall give the head of the home reasonable notice and an opportunity for a fair hearing. The department may make any additional investigation as the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. Each person receiving notice of the hearing is entitled to be represented at the hearing.

AB722,25,11 2. The head of a foster or group home or the head of the home of a relative other than a parent who receives notice of intent to remove the child under sub. (1m) and who requests a hearing under subd. 1. is a party to the proceeding under this paragraph and, as a party, shall have the right to be heard, to be represented by counsel, to request an examination or assessment of the child as provided in s. 48.295 by an expert of his or her own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the head of the foster or group home or for the head of the home of the relative other than a parent may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the head of the foster or group home or for the head of the home of the relative other than a parent discloses a record to the head of the foster or group home or to the head of the home of the relative other than a parent, counsel shall advise him or her that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the proceeding under this paragraph.

AB722,26,2 3. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

AB722, s. 31 Section 31. 48.64 (4) (a) 2. of the statutes is created to read:

AB722,26,20 48.64 (4) (a) 2. The head of a foster, treatment foster, or group home or the head of the home of a relative other than a parent who receives notice of intent to remove the child under sub. (1m) and who requests a hearing under subd. 1. is a party to the proceeding under this paragraph and, as a party, shall have the right to be heard, to be represented by counsel, to request an examination or assessment of the child as provided in s. 48.295 by an expert of his or her own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the head of the foster, treatment foster, or group home or for the head of the home of the relative other than a parent may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the head of the foster, treatment foster, or group home or for the head of the home of the relative other than a parent discloses a record to the head of the foster, treatment foster, or group home or to the head of the home of the relative other than a parent, counsel shall advise him or her that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the proceeding under this paragraph.

AB722, s. 32 Section 32. 48.64 (4) (c) of the statutes, as affected by 2009 Wisconsin Act 81, section 7, is renumbered 48.64 (4) (c) 1. and amended to read:

AB722,27,4 48.64 (4) (c) 1. The circuit court for the county where the dispositional order placing a child in a foster home, treatment foster home, or group home or in the home of a relative other than a parent was entered or the voluntary agreement under s. 48.63 placing a child in a foster home, treatment foster home, or group home was made has jurisdiction upon petition of any interested party over the child who is placed in the foster home, treatment foster home, group home, or home of the relative. The

AB722,27,10 2. Subject to subd. 3., the circuit court may call a hearing, at which the head of the home and the supervising agency under sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home or in the home of a relative other than a parent, the foster parent or relative may present relevant evidence at the hearing.

AB722,27,12 4. The petitioner has the burden of proving by clear and convincing evidence that the decision or order issued by the agency is not in the best interests of the child.

AB722, s. 33 Section 33. 48.64 (4) (c) of the statutes, as affected by 2009 Wisconsin Act 81, section 7m, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB722,27,20 48.64 (4) (c) 1. The circuit court for the county where the dispositional order placing a child in a foster home or group home or in the home of a relative other than a parent was entered or the voluntary agreement under s. 48.63 placing a child in a foster home or group home was made has jurisdiction upon petition of any interested party over the child who is placed in the foster home, group home, or home of the relative.

AB722,28,2 2. Subject to subd. 3., the circuit court may call a hearing, at which the head of the home and the supervising agency under sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home or in the home of a relative other than a parent, the foster parent or relative may present relevant evidence at the hearing.

AB722,28,23 3. If the head of a foster or group home or the head of the home of a relative other than a parent who receives notice of intent to remove the child under sub. (1m) petitions for a hearing under this paragraph, the circuit court shall call a hearing, at which the head of the foster or group home, or the head of the home of the relative other than a parent, and the supervising agency under sub. (2) shall be present, for the purpose of reviewing the decision to remove the child from the home. The head of the foster or group home or the head of the home of the relative other than a parent is a party to the proceeding under this paragraph and, as a party, shall have the right to be heard, to be represented by counsel, to request an examination or assessment of the child as provided in s. 48.295 by an expert of his or her own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the head of the foster or group home or for the head of the home of the relative other than a parent may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the head of the foster or group home or for the head of the home of the relative other than a parent discloses a record to the head of the foster or group home or to the head of the home of the relative other than a parent, counsel shall advise him or her that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the proceeding under this paragraph.

AB722,28,25 4. The petitioner has the burden of proving by clear and convincing evidence that the decision or order issued by the agency is not in the best interests of the child.

AB722, s. 34 Section 34. 48.64 (4) (c) 3. of the statutes is created to read:

AB722,29,23 48.64 (4) (c) 3. If the head of a foster, treatment foster, or group home or the head of the home of a relative other than a parent who receives notice of intent to remove the child under sub. (1m) petitions for a hearing under this paragraph, the circuit court shall call a hearing, at which the head of the foster, treatment foster, or group home, or the head of the home of the relative other than a parent, and the supervising agency under sub. (2) shall be present, for the purpose of reviewing the decision to remove the child from the home. The head of the foster, treatment foster, or group home or the head of the home of the relative other than a parent is a party to the proceeding under this paragraph and, as a party, shall have the right to be heard, to be represented by counsel, to request an examination or assessment of the child as provided in s. 48.295 by an expert of his or her own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the head of the foster, treatment foster, or group home or for the head of the home of the relative other than a parent may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the head of the foster, treatment foster, or group home or for the head of the home of the relative other than a parent discloses a record to the head of the foster, treatment foster, or group home or to the head of the home of the relative other than a parent, counsel shall advise him or her that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the proceeding under this paragraph.

AB722, s. 35 Section 35. 48.78 (2) (a) of the statutes is amended to read:

AB722,30,5 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under s. 48.357 (2r) (b), 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.93, 48.981 (7), 938.51, or 938.78 or by order of the court.