SB63: Bill Text

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 (this act), is repealed and recreated to read: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:

SB63,9,24 48.417 (2) Filing or joining in petition; when not required. (intro.) Notwithstanding that any of the circumstances specified in sub. (1) (a), (am), (b), (c), or (d) may apply, an agency or the district attorney, corporation counsel, or other appropriate official designated under s. 48.09 need not file a petition under s. 48.42 (1) to terminate the parental rights of a parent or the parents of a child, or, if a petition under s. 48.42 (1) to terminate those parental rights has already been filed, the agency, district attorney, corporation counsel, or other appropriate official need not join in the petition, if any of the following circumstances apply:

SB63, s. 11 Section 11. 938.365 (2g) (b) 3. of the statutes, as affected by 2009 Wisconsin Act 79, section 145, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

SB63,10,8 938.365 (2g) (b) 3. A statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the juvenile if any of the following applies:

SB63,10,14 a. Subject to subd. 3. b. to d., the juvenile 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 juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile was returned to his or her home for a trial home visit.

SB63,10,19 b. The juvenile has been placed outside of his or her home for a cumulative total period of 6 months, not including any period during which the juvenile was a runaway from the out-of-home placement or any period during which the juvenile 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.

SB63,11,2 c. The juvenile has been placed outside of his or her home for a cumulative total period of 6 months, not including any period during which the juvenile was a runaway from the out-of-home placement or any period during which the juvenile was returned to his or her home for a trial home visit, the juvenile was 8 years of age or over when he or she was placed outside of his or her home, and the goal of the juvenile's permanency plan is placement for adoption with an adoptive parent or a proposed adoptive parent of a sibling, as defined in s. 938.38 (4) (br) 1., who was under 8 years of age when the sibling was placed outside of his or her home.

SB63,11,10 d. The juvenile has been placed outside of his or her home for a cumulative total period of 6 months, not including any period during which the juvenile was a runaway from the out-of-home placement or any period during which the juvenile was returned to his or her home for a trial home visit, the juvenile was 8 years of age or over when he or she was placed outside of his or her home, and the juvenile's permanency plan indicates that a safe and appropriate placement with a proposed adoptive parent is available for the juvenile and that the juvenile has expressed the wish to be adopted.

SB63, s. 12 Section 12. 938.365 (2g) (b) 3. of the statutes, as affected by 2009 Wisconsin Act 79, section 144, is renumbered 938.365 (2g) (b) 3. (intro.) and amended to read:

SB63,11,20 938.365 (2g) (b) 3. (intro.) If the juvenile 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 juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile 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 juvenile. if any of the following applies:

SB63,12,10 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 juvenile and whether or not the juvenile 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 juvenile be registered with the adoption information exchange or report the reason why registering the juvenile is contrary to the best interest of the juvenile.

SB63, s. 13 Section 13. 938.365 (2g) (b) 3. a. to d. of the statutes are created to read:

SB63,12,16 938.365 (2g) (b) 3. a. Subject to subd. 3. b. to d., the juvenile has been placed outside of his or her home for 15 of the most recent 22 months, not including any period during which the juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile was returned to his or her home for a trial home visit.

SB63,12,21 b. The juvenile has been placed outside of his or her home for a cumulative total period of 6 months, not including any period during which the juvenile was a runaway from the out-of-home placement or any period during which the juvenile 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.

SB63,13,4 c. The juvenile has been placed outside of his or her home for a cumulative total period of 6 months, not including any period during which the juvenile was a runaway from the out-of-home placement or any period during which the juvenile was returned to his or her home for a trial home visit, the juvenile was 8 years of age or over when he or she was placed outside of his or her home, and the goal of the juvenile's permanency plan is placement for adoption with an adoptive parent or a proposed adoptive parent of a sibling, as defined in s. 938.38 (4) (br) 1., who was under 8 years of age when the sibling was placed outside of his or her home.

SB63,13,12 d. The juvenile has been placed outside of his or her home for a cumulative total period of 6 months, not including any period during which the juvenile was a runaway from the out-of-home placement or any period during which the juvenile was returned to his or her home for a trial home visit, the juvenile was 8 years of age or over when he or she was placed outside of his or her home, and the juvenile's permanency plan indicates that a safe and appropriate placement with a proposed adoptive parent is available for the juvenile and that the juvenile has expressed the wish to be adopted.

SB63, s. 14 Section 14. 938.38 (5) (c) 6. (intro.) of the statutes, as affected by 2009 Wisconsin Act 79, section 164, is amended to read:

SB63,13,22 938.38 (5) (c) 6. (intro.) If Subject to subd. 6m., if the juvenile has been placed outside of his or her home, as described in s. 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 juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile was returned to his or her home for a trial home visit, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:

SB63, s. 15 Section 15. 938.38 (5) (c) 6. (intro.) of the statutes, as affected by 2009 Wisconsin Act 79, section 165, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

SB63,14,8 938.38 (5) (c) 6. (intro.) Subject to subd. 6m., if the juvenile has been placed outside of his or her home, as described in s. 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 juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile was returned to his or her home for a trial home visit, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:

SB63, s. 16 Section 16. 938.38 (5) (c) 6m. of the statutes is created to read:

SB63,14,17 938.38 (5) (c) 6m. The appropriateness of the permanency plan and the circumstances that prevent the juvenile from being placed for adoption or having a petition for the involuntary termination of parental rights filed on behalf of the juvenile if the juvenile has been placed outside of his or her home, as described in s. 938.365 (1), for a cumulative total period of 6 months, not including any period during which the juvenile was a runaway from the out-of-home placement or any period during which the juvenile was returned to his or her home for a trial home visit, and if any of the following applies:

SB63,14,19 a. The juvenile was under 8 years of age when he or she was placed outside of his or her home.

SB63,14,24 b. The juvenile was 8 years of age or over when he or she was placed outside of his or her home and the goal of the juvenile's permanency plan is placement for adoption with an adoptive parent or a proposed adoptive parent of a sibling, as defined in s. 938.38 (4) (br) 1., who was under 8 years of age when the sibling was placed outside of his or her home.

SB63,15,4 c. The juvenile was 8 years of age or over when he or she was placed outside of his or her home and the juvenile's permanency plan indicates that a safe and appropriate placement with a proposed adoptive parent is available for the juvenile and that the juvenile has expressed the wish to be adopted.

SB63, s. 17 Section 17. Initial applicability.

SB63,15,8 (1) Termination of parental rights petition requirement. This act first applies to a child or juvenile who is placed outside of his or her home on the effective date of this subsection.

SB63, s. 18 Section 18. Effective dates. This act takes effect on the day after publication, except as follows:

SB63,15,16 (1) Treatment foster homes. The repeal and recreation of sections 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.) of the statutes takes effect on the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under section 48.62 (9) of the statutes, or on the day after publication, whichever is later.

SB63,15,17 (End)