SB63: Bill Text

LRB-0016/1

GMM:kjf:rs

2011 - 2012 LEGISLATURE

2011 Senate BILL 63

April 18, 2011 - Introduced by Senators Lazich and Galloway. Referred to Committee on Public Health, Human Services, and Revenue.

SB63,1,9 An Act to renumber and amend 48.365 (2g) (b) 3. and 938.365 (2g) (b) 3.; to amend 48.38 (5) (c) 6. (intro.), 48.417 (1) (a), 48.417 (2) (intro.) and 938.38 (5) (c) 6. (intro.); to repeal and recreate 48.365 (2g) (b) 3., 48.38 (5) (c) 6. (intro.), 48.417 (1) (a), 938.365 (2g) (b) 3. and 938.38 (5) (c) 6. (intro.); and to create 48.365 (2g) (b) 3. a. to d., 48.38 (5) (c) 6m., 48.417 (1) (am), 938.365 (2g) (b) 3. a. to d. and 938.38 (5) (c) 6m. of the statutes; relating to: a requirement that termination of parental rights petitions be filed with respect to children under eight years of age, and certain children eight years of age or over, who have been placed outside the home for six months.

Analysis by the Legislative Reference Bureau

Under current law, the parental rights of a parent to his or her child may be terminated involuntarily under various grounds, including the ground of continuing need of protection or services, which may be established by proving: 1) that the child has been adjudged to be in need of protection or services and placed outside of his or her home by the court assigned to exercise jurisdiction under the Children's Code (juvenile court); 2) that the agency responsible for the care of the child and the family has made a reasonable effort to provide the services ordered by the juvenile court; 3) that the child has been outside the home for a cumulative period of six months or longer pursuant to juvenile court orders; and 4) 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 those conditions within the nine-month period following the termination of parental rights (TPR) fact-finding hearing.

Current law, subject to certain exceptions, requires the filing of a TPR petition with respect to a child who has been placed in a foster home, group home, nonsecured residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from that placement or the first six months of a trial home visit. A person responsible for filing TPR petitions, however, is not required to file a TPR petition with respect to such a child if the child is being cared for by a relative, if a TPR is not in the best interests of the child, if the agency primarily responsible for providing services to the child and the family is required to make reasonable efforts to make it possible for the child to return safely home and has not provided the services necessary for that safe return, or if grounds for TPR do not exist.

This bill, subject to the exceptions under current law, requires a TPR petition to be filed with respect to a child who has been placed outside of his or her home in any out-of-home placement for a cumulative total period of six months, not including any period during which the child was a runaway from the out-of-home placement or any period during which the child was returned to his or her home for a trial home visit, if any of the following applies:

1. The child was under eight years of age when he or she was placed outside of his or her home.

2. The child was eight years of age or over when he or she was placed outside of his or her home and the goal of the child's permanency plan, which is a plan designed to ensure that a child is reunified with his or her family whenever appropriate or that the child quickly attains a placement providing long-term stability, is placement for adoption with an adoptive parent or a proposed adoptive parent of a sibling who was under eight years of age when the sibling was placed outside of his or her home.

3. The child was eight years of age or over when he or she was placed outside of his or her home, and the child's permanency plan indicates that a safe and appropriate placement with a proposed adoptive parent is available for the child and that the child has expressed the wish to be adopted.

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:

SB63, s. 1 Section 1. 48.365 (2g) (b) 3. of the statutes, as affected by 2009 Wisconsin Act 79, section 43, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

SB63,3,5 48.365 (2g) (b) 3. A statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the child if any of the following applies:

SB63,3,11 a. Subject to subd. 3. b. to d., the child has been placed outside of his or her home in a foster home, group home, nonsecured residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or the first 6 months of any period during which the child was returned to his or her home for a trial home visit.

SB63,3,16 b. The child has been placed outside of his or her home for a cumulative total period of 6 months, not including any period during which the child was a runaway from the out-of-home placement or any period during which the child was returned to his or her home for a trial home visit, and was under 8 years of age when he or she was placed outside of his or her home.

SB63,3,24 c. The child has been placed outside of his or her home for a cumulative total period of 6 months, not including any period during which the child was a runaway from the out-of-home placement or any period during which the child was returned to his or her home for a trial home visit, the child was 8 years of age or over when he or she was placed outside of his or her home, and the goal of the child's permanency plan is placement for adoption with an adoptive parent or a proposed adoptive parent of a sibling, as defined in s. 48.38 (4) (br) 1., who was under 8 years of age when the sibling was placed outside of his or her home.

SB63,4,7 d. The child has been placed outside of his or her home for a cumulative total period of 6 months, not including any period during which the child was a runaway from the out-of-home placement or any period during which the child was returned to his or her home for a trial home visit, the child was 8 years of age or over when he or she was placed outside of his or her home, and the child's permanency plan indicates that a safe and appropriate placement with a proposed adoptive parent is available for the child and that the child has expressed the wish to be adopted.

SB63, s. 2 Section 2. 48.365 (2g) (b) 3. of the statutes, as affected by 2009 Wisconsin Act 79, section 42, is renumbered 48.365 (2g) (b) 3. (intro.) and amended to read:

SB63,4,17 48.365 (2g) (b) 3. (intro.) If the child has been placed outside of his or her home in a foster home, treatment foster home, group home, nonsecured residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or the first 6 months of any period during which the child was returned to his or her home for a trial home visit, a A statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the child. if any of the following applies:

SB63,5,7 4. If the statement under subd. 3. indicates that a recommendation for a termination of parental rights has been made, the statement shall indicate a statement indicating the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the child, and whether or not the child should be registered with the adoption information exchange. If the statement under subd. 3. indicates that a recommendation for termination of parental rights has not been made, the statement shall include an explanation of a statement explaining the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the child be registered with the adoption information exchange or report the reason why registering the child is contrary to the best interest of the child.

SB63, s. 3 Section 3. 48.365 (2g) (b) 3. a. to d. of the statutes are created to read:

SB63,5,14 48.365 (2g) (b) 3. a. Subject to subd. 3. b. to d., the child has been placed outside of his or her home in a foster home, treatment foster home, group home, nonsecured residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or the first 6 months of any period during which the child was returned to his or her home for a trial home visit.

SB63,5,19 b. The child has been placed outside of his or her home for a cumulative total period of 6 months, not including any period during which the child was a runaway from the out-of-home placement or any period during which the child was returned to his or her home for a trial home visit, and was under 8 years of age when he or she was placed outside of his or her home.

SB63,6,2 c. The child has been placed outside of his or her home for a cumulative total period of 6 months, not including any period during which the child was a runaway from the out-of-home placement or any period during which the child was returned to his or her home for a trial home visit, the child was 8 years of age or over when he or she was placed outside of his or her home, and the goal of the child's permanency plan is placement for adoption with an adoptive parent or a proposed adoptive parent of a sibling, as defined in s. 48.38 (4) (br) 1., who was under 8 years of age when the sibling was placed outside of his or her home.

SB63,6,9 d. The child has been placed outside of his or her home for a cumulative total period of 6 months, not including any period during which the child was a runaway from the out-of-home placement or any period during which the child was returned to his or her home for a trial home visit, the child was 8 years of age or over when he or she was placed outside of his or her home, and the child's permanency plan indicates that a safe and appropriate placement with a proposed adoptive parent is available for the child and that the child has expressed the wish to be adopted.

SB63, s. 4 Section 4. 48.38 (5) (c) 6. (intro.) of the statutes, as affected by 2009 Wisconsin Act 79, section 62, is amended to read:

SB63,6,19 48.38 (5) (c) 6. (intro.) If Subject to subd. 6m., if the child has been placed outside of his or her home, as described in s. 48.365 (1), in a foster home, treatment foster home, group home, nonsecured residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or the first 6 months of any period during which the child was returned to his or her home for a trial home visit, the appropriateness of the permanency plan and the circumstances which prevent the child from any of the following:

SB63, s. 5 Section 5. 48.38 (5) (c) 6. (intro.) of the statutes, as affected by 2009 Wisconsin Act 79, section 63, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

SB63,7,5 48.38 (5) (c) 6. (intro.) Subject to subd. 6m., if the child has been placed outside of his or her home, as described in s. 48.365 (1), in a foster home, group home, nonsecured residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or the first 6 months of any period during which the child was returned to his or her home for a trial home visit, the appropriateness of the permanency plan and the circumstances which prevent the child from any of the following:

SB63, s. 6 Section 6. 48.38 (5) (c) 6m. of the statutes is created to read:

SB63,7,14 48.38 (5) (c) 6m. The appropriateness of the permanency plan and the circumstances that prevent the child from being placed for adoption or having a petition for the involuntary termination of parental rights filed on behalf of the child if the child has been placed outside of his or her home, as described in s. 48.365 (1), for a cumulative total period of 6 months, not including any period during which the child was a runaway from the out-of-home placement or any period during which the child was returned to his or her home for a trial home visit, and if any of the following applies:

SB63,7,16 a. The child was under 8 years of age when he or she was placed outside of his or her home.

SB63,7,21 b. The child was 8 years of age or over when he or she was placed outside of his or her home and the goal of the child's permanency plan is placement for adoption with an adoptive parent or a proposed adoptive parent of a sibling, as defined in s. 48.38 (4) (br) 1., who was under 8 years of age when the sibling was placed outside of his or her home.

SB63,7,25 c. The child was 8 years of age or over when he or she was placed outside of his or her home and the child's permanency plan indicates that a safe and appropriate placement with a proposed adoptive parent is available for the child and that the child has expressed the wish to be adopted.

SB63, s. 7 Section 7. 48.417 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 79, section 77, is amended to read:

SB63,8,11 48.417 (1) (a) The Subject to par. (am), the child has been placed outside of his or her home, as described in s. 48.365 (1) or 938.365 (1), in a foster home, treatment foster home, group home, nonsecured residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or the first 6 months of any period during which the child was returned to his or her home for a trial home visit. If the circumstances specified in this paragraph apply, the petition shall be filed or joined in by the last day of the 15th month, as described in this paragraph, for which the child was placed outside of his or her home.

SB63, s. 8 Section 8. 48.417 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 79, section 78, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

SB63,8,22 48.417 (1) (a) Subject to par. (am), the child has been placed outside of his or her home, as described in s. 48.365 (1) or 938.365 (1), in a foster home, group home, nonsecured residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or the first 6 months of any period during which the child was returned to his or her home for a trial home visit. If the circumstances specified in this paragraph apply, the petition shall be filed or joined in by the last day of the 15th month, as described in this paragraph, for which the child was placed outside of his or her home.

SB63, s. 9 Section 9. 48.417 (1) (am) of the statutes is created to read:

SB63,9,3 48.417 (1) (am) 1. The child has been placed outside of his or her home, as described in s. 48.365 (1) or 938.365 (1), for a cumulative total period of 6 months, not including any period during which the child was a runaway from the out-of-home placement or any period during which the child was returned to his or her home for a trial home visit, and any of the following applies:

SB63,9,5 a. The child was under 8 years of age when he or she was placed outside of his or her home.

SB63,9,10 b. The child was 8 years of age or over when he or she was placed outside of his or her home and the goal of the child's permanency plan is placement for adoption with an adoptive parent or a proposed adoptive parent of a sibling, as defined in s. 48.38 (4) (br) 1., who was under 8 years of age when the sibling was placed outside of his or her home.

SB63,9,14 c. The child was 8 years of age or over when he or she was placed outside of his or her home and the child's permanency plan indicates that a safe and appropriate placement with a proposed adoptive parent is available for the child and that the child has expressed the wish to be adopted.

SB63,9,17 2. If the circumstances specified in subd. 1. apply, the petition shall be filed or joined in by the last day of the 6th month, as described in subd. 1., for which the child was placed outside of his or her home.

SB63, s. 10 Section 10. 48.417 (2) (intro.) of the statutes is amended to read: