AB150: Bill Text

This bill extends jurisdiction over and venue for an adoption petition to the juvenile court in the county where the TPR petition was filed.

AB150,1 Section 1. 48.02 (1c) of the statutes is created to read:

AB150,7,3 48.02 (1c) "Adoption under tribal law or custom" means an adoption recognized by an Indian child's tribe that gives a child a permanent parent-child relationship with an individual other than a biological parent.

Note: This Section provides a definition in the Children's Code for an "adoption under tribal law or custom."

AB150,2 Section 2. 48.028 (2) (b) and (c) of the statutes are amended to read:

AB150,7,7 48.028 (2) (b) "Former Indian custodian" means a person who was the Indian custodian of an Indian child before termination or suspension of parental rights to and adoption of the Indian child.

AB150,7,10 (c) "Former parent" means a person who was the parent of an Indian child before termination or suspension of parental rights to and adoption of the Indian child.

Note: This Section modifies the definitions of "former Indian custodian" and "former parent" in the Wisconsin Indian Child Welfare Act (WICWA) to specify that a former parent or former Indian custodian in a state court proceeding includes a person who had parental rights or custodial responsibilities prior to a suspension of parental rights by a tribal court.

AB150,3 Section 3. 48.028 (2) (f) of the statutes is amended to read:

AB150,7,16 48.028 (2) (f) "Preadoptive placement" means the temporary placement of an Indian child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in the home of a guardian after a termination or suspension of parental rights but prior to or in lieu of an adoptive placement.

Note: This Section specifies that a preadoptive placement in a state court proceeding under WICWA includes placement after a suspension of parental rights by a tribal court.

AB150,4 Section 4. 48.028 (2) (i) of the statutes is created to read:

AB150,8,3 48.028 (2) (i) "Suspension of parental rights" means a suspension, pursuant to a tribal court order, of all rights, powers, privileges, immunities, duties, and obligations existing between parent and child.

Note: This Section provides a definition in the Children's Code for a "suspension of parental rights" ordered by a tribal court.

AB150,5 Section 5. 48.028 (3) (f) of the statutes is amended to read:

AB150,8,10 48.028 (3) (f) Full faith and credit. The state shall give full faith and credit to the public acts, records, and judicial proceedings of any Indian tribe that are applicable to an Indian child custody proceeding, including a proceeding for a suspension of parental rights or an adoption under tribal law or custom, to the same extent that the state gives full faith and credit to the public acts, records, and judicial proceedings of any other governmental entity.

Note: This Section specifies that a state court must accord full faith and credit to a tribal court's order for a suspension of parental rights or an adoption under tribal law or custom.

AB150,6 Section 6. 48.23 (2g) of the statutes is amended to read:

AB150,8,17 48.23 (2g) Right of Indian child's parent or Indian custodian to counsel. Whenever an Indian child is the subject of a proceeding involving the removal of the Indian child from the home of his or her parent or Indian custodian, placement of the Indian child in an out-of-home care placement, or termination or suspension of parental rights to the Indian child, the Indian child's parent or Indian custodian shall have the right to be represented by counsel as provided in subs. (2) and (4).

Note: This Section specifies that the State Public Defender may provide representation for an Indian child's parent or Indian custodian in a proceeding for a suspension of parental rights to the child.

AB150,7 Section 7. 48.255 (1) (c) of the statutes is amended to read:

AB150,9,2 48.255 (1) (c) Whether the child is in custody, and, if so, the place where the child is being held and the time he or she was taken into custody unless there is reasonable cause to believe that such disclosure would result in imminent danger to the child or physical custodian is not in the best interests of the child.

Note: This Section amends the standard for when the location of a child may not be disclosed in a CHIPS petition. It changes the standard from "imminent danger to the child or physical custodian" to "best interests of the child."

AB150,8 Section 8 . 48.33 (5) of the statutes is renumbered 48.33 (5) (a) and amended to read:

AB150,9,13 48.33 (5) (a) If Except as provided in par. (b), 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 and the child's parent or guardian with the name and address of the foster parent within 21 days after the dispositional order is entered, except that the court may order the information withheld from the child's parent or guardian if the court finds that disclosure would result in imminent danger to the child or to the foster parent. After notifying the child's parent or guardian, the court shall hold a hearing prior to ordering the information withheld.

AB150,9 Section 9 . 48.33 (5) (b) of the statutes is created to read:

AB150,9,20 48.33 (5) (b) If the report recommends that a child be placed outside of his or her home, the court may order the name and address of the out-of-home placement to be withheld from the child's parent or guardian if the court finds that disclosure of the name and address of the placement is not in the best interests of the child. After notifying the child's parent or guardian, the court shall hold a hearing prior to ordering that the information be withheld.

Note: Sections 8 and 9 allow the juvenile court to order the name and address of the recommended out-of-home placement to be withheld from the copy of the court report that is given to the child's parent or guardian if the juvenile court finds that disclosure is not in the best interests of the child. The juvenile court may not order that this information be withheld until a hearing is held on the issue, with notice of the hearing given to the child's parent or guardian.

AB150,10 Section 10 . 48.355 (2) (b) 2. of the statutes is amended to read:

AB150,10,11 48.355 (2) (b) 2. If Except as provided in subd. 2g., 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 if 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 and the parent within 21 days after the order. If, after a hearing on the issue with due notice to the parent or guardian, 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 to be withheld from the parent or guardian.

AB150,11 Section 11 . 48.355 (2) (b) 2g. of the statutes is created to read:

AB150,10,17 48.355 (2) (b) 2g. If the child is placed outside the home, the court may order the name and address of the placement to be withheld from the child's parent or guardian if the court finds that disclosure of the name and address of the placement is not in the best interests of the child. After notifying the child's parent or guardian, the court shall hold a hearing prior to ordering that the information be withheld.

Note: Sections 10 and 11 allow the juvenile court to order the name and address of the out-of-home placement to be withheld from the copy of the CHIPS dispositional order that is given to the child's parent or guardian if the juvenile court finds that disclosure is not in the best interests of the child. The juvenile court may not order that this information be withheld until a hearing is held on the issue, with notice of the hearing given to the child's parent or guardian.

AB150,12 Section 12 . 48.357 (1) (am) 1. of the statutes is amended to read:

AB150,11,14 48.357 (1) (am) 1. If Except as provided in subd. 1r., 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 is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court.

AB150,13 Section 13 . 48.357 (1) (am) 1r. of the statutes is created to read:

AB150,12,5 48.357 (1) (am) 1r. If the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel reasonably believes that withholding the name and address of the new placement is in the best interests of the child, the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may cause written notice of the proposed change in placement under subd. 1. to be sent to the child's parent or guardian without disclosure of the name and address of the new placement. The court shall hold a hearing to determine whether withholding the name and address of the placement is in the best interests of the child with due notice to the child's parent or guardian, and if the child is an Indian child, the Indian child's Indian custodian and tribe. If, after a hearing on the issue, the court finds that withholding the name and address of the new placement is not in the best interests of the child, the court shall order the name and address to be disclosed to the parent or guardian, and if the child is an Indian child his or her parent or Indian custodian.

Note: Sections 12 and 13 allow the name and address of a proposed change in out-of-home placement to be withheld from the written notice of the proposed change in placement that is given to the child's parent or custodian, and if the child is an Indian child, the Indian child's parent or Indian custodian, if the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel reasonably believes that disclosure of this information is not in the best interests of the child.

If the name and address of the new placement is withheld, the juvenile court must hold a hearing to determine whether disclosure of the name and address is in the best interests of the child, after notice is given to the child's parent or custodian, and if the child is an Indian child, the Indian child's parent or Indian custodian and tribe. The juvenile court must order disclosure of the name and address of the placement if it finds that withholding that information is not in the best interests of the child.

AB150,14 Section 14 . 48.357 (1) (c) 2. of the statutes is amended to read:

AB150,12,14 48.357 (1) (c) 2. The court shall hold a hearing prior to ordering any change in placement requested under subd. 1. Not Except as provided in subd. 2g., not less than 3 days prior to the hearing, the court shall provide notice of the hearing, together with a copy of the request for the change in placement, to the child, the parent, guardian, and legal custodian of the child, the child's court-appointed special advocate, all parties that are bound by the dispositional order, and, if the child is an Indian child, the Indian child's Indian custodian and tribe. Subject to subd. 2r., if all parties consent, the court may proceed immediately with the hearing.

AB150,15 Section 15 . 48.357 (1) (c) 2g. of the statutes is created to read:

AB150,13,4 48.357 (1) (c) 2g. The court may order the name and address of the requested change in placement to be withheld from the child's parent or guardian, and if the child is an Indian child, his or her parent or Indian custodian, if the court finds that disclosure of the name and address of the placement is not in the best interests of the child. After notifying the child's parent or guardian, and if the child is an Indian child, the Indian child's parent or Indian custodian, the court shall hold a hearing prior to ordering that the information be withheld.

Note: Sections 14 and 15 allow the juvenile court to order that the name and address of a proposed change in placement from an in-home placement to an out-of-home placement not be included in the written notice that is given to the child's parent or custodian, and if the child is an Indian child, the Indian child's parent or Indian custodian, if the juvenile court finds that disclosure of this information is not in the best interests of the child. The juvenile court may not order that this information be withheld until a hearing is held on the issue, with notice of the hearing given to the child's parent or guardian.

AB150,16 Section 16 . 48.357 (2m) (b) of the statutes is amended to read:

AB150,14,5 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. 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 Except as provided in par. (bg), 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.

AB150,17 Section 17 . 48.357 (2m) (bg) of the statutes is created to read:

AB150,14,12 48.357 (2m) (bg) The court may order that the name and address of the new placement be withheld from the parent or guardian if the court finds that disclosure of the name and address of the new placement is not in the best interests of the child. After notifying the child's parent or guardian, and if the child is an Indian child, the Indian child's Indian custodian and tribe, the court shall hold a hearing prior to ordering that the information be withheld.

Note: Sections 16 and 17 allow the juvenile court to order that the name and address of a proposed change in placement be withheld from the parent or guardian if a change in placement is requested by the child, parent, guardian, legal custodian or Indian custodian of the child, expectant mother, 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. The juvenile court may not order that this information be withheld until a hearing is held on the issue, with notice of the hearing given to the child's parent or guardian.

AB150,18 Section 18. 48.38 (4) (fg) 2. of the statutes is amended to read:

AB150,14,15 48.38 (4) (fg) 2. Placement of the child for adoption , including placement for adoption under tribal law or custom.

Note: This Section provides that, if a child's permanency plan in Indian child custody proceeding in state court includes the goal of placement for adoption, that goal may include placement for adoption under tribal law or custom.

AB150,19 Section 19. 48.425 (1) (h) of the statutes is created to read:

AB150,15,2 48.425 (1) (h) A statement as to whether a posttermination contact agreement has been entered into under s. 48.429. If such an agreement has been entered into, the agency or tribal child welfare department shall attach a copy of the agreement to the report.

Note: This Section requires an agency's report to the juvenile court in a TPR proceeding to state whether or not a posttermination contact agreement has been entered into, and, if so, to include a copy with the report.

AB150,20 Section 20. 48.426 (3) (c) of the statutes is amended to read:

AB150,15,10 48.426 (3) (c) Whether the child has substantial relationships with the parent or other family members, and whether it would be harmful to the child to sever these those relationships. In determining whether it would be harmful to the child to sever those relationships, the court shall consider the terms of any posttermination contact agreement that has been entered into under s. 48.429 with respect to the child and may consider any other agreement by a proposed adoptive parent to permit contact between the child and the parent or other family members after adoption of the child.

Note: This Section requires the juvenile court, in evaluating the best interests of a child for purposes of determining the appropriate disposition of a TPR proceeding, to consider the terms of a posttermination contact agreement in the context of the child's substantial relationships with the parent or any other family member.

AB150,21 Section 21. 48.428 (6) (a) of the statutes is renumbered 48.428 (6) and amended to read:

AB150,15,15 48.428 (6) Except as provided in par. (b), the The court may order or prohibit visitation by grant posttermination contact privileges under s. 48.429 to a birth parent relative of a child placed in sustaining care.

Note: This Section allows the juvenile court to grant posttermination contact privileges to any relative of a child placed in sustaining care after a TPR is ordered.

AB150,22 Section 22. 48.428 (6) (b) of the statutes is repealed.

Note: This Section removes certain restrictions on the juvenile court's discretion whether to order visitation by a parent of a child placed in sustaining care after a TPR is ordered because such visitation is covered under a posttermination contact agreement authorized under the bill.

AB150,23 Section 23. 48.429 of the statutes is created to read:

AB150,16,2 48.429 Posttermination contact privileges. (1) Definitions. In this section:

AB150,16,4 (a) "Approved posttermination contact agreement" means a posttermination contact agreement that has been approved by the court under sub. (4).

AB150,16,7 (b) "Posttermination contact agreement" means an agreement between a proposed adoptive parent or guardian of a child and a relative of the child that provides for any of the following after termination of parental rights to the child:

AB150,16,8 1. Visitation between the child and a relative of the child.

AB150,16,10 2. Future contact and communication between the child, adoptive parent, or guardian and relative of the child.

AB150,16,12 3. The sharing of information about the child in the future between the adoptive parent or guardian and a relative of the child.

AB150,16,14 4. The maintenance and sharing of the medical and genetic history of any relative who is a party to the agreement.

AB150,16,16 (c) "Relative" has the meaning given in s. 48.02 (15), and, in the case of an Indian child, includes an extended family member, as defined in s. 48.028 (2) (am).

AB150,16,20 (2) Posttermination contact agreements; when permitted. At any time before a termination of parental rights order is granted, a posttermination contact agreement may be entered into between the proposed adoptive parents or guardian of a child and a relative of the child if all of the following conditions are met:

AB150,16,22 (a) The child is in the legal custody or under the supervision or guardianship of an agency.

AB150,16,23 (b) The child, if 12 years of age or over, consents to the terms of the agreement.

AB150,16,25 (3) Provisions of posttermination contact agreement. A posttermination contact agreement shall contain all of the following provisions:

AB150,17,9 (a) Except as provided in this paragraph, an acknowledgement by all relatives who are parties to the agreement that, subject to ss. 48.028 (5) (c) and (6) and 48.46 (1m) and (2), the termination of parental rights to and adoption of the child are irrevocable and that failure by a party to comply with the agreement is not grounds to revoke the termination of parental rights or adoption. A posttermination contact agreement in which one of the parties is a parent, as defined in s. 48.02 (13) for purposes of the application of s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, is not required to contain the acknowledgement described in this paragraph.

AB150,17,12 (b) An acknowledgement by the proposed adoptive parents or guardian that the agreement is enforceable by any person who is permitted posttermination visitation, contact, communication, or sharing of information under the agreement.

AB150,17,17 (c) A statement by all parties to the agreement that the agreement was entered into voluntarily and with understanding of the terms of the agreement, that no promises or threats were made to coerce any person into entering into the agreement, and that the parties have not relied on any representations other than those contained in the agreement.

AB150,17,20 (4) Approval of granting posttermination contact agreement. At the time a termination of parental rights order is granted, a court may approve a posttermination contact agreement if all of the following conditions are met:

AB150,17,21 (a) The child and the parent meet the conditions specified in sub. (2).

AB150,17,22 (b) The agreement contains the provisions specified in sub. (3) (a) to (c).

AB150,18,3 (c) The agreement is signed by all parties to the agreement including the parent and child, if 12 years of age or over. If a parent who is under 12 years of age or other relative who is a child is to be granted posttermination visitation, contact, communication, or sharing of information under the agreement, the parent, guardian, legal custodian, or Indian custodian of the parent or other relative shall sign the agreement on behalf of the parent or other relative.

AB150,18,10 (d) The agency having guardianship, legal custody, or supervision of the child, the child's guardian ad litem or, in the case of an Indian child, the tribal child welfare department of the Indian child's tribe files the agreement with the court. If the agency or tribal child welfare department files the agreement, the agency or tribal child welfare department shall comply with this paragraph by including in the court report under s. 48.425 (1) the statement under s. 48.425 (1) (h) and attaching the agreement to the court report.

AB150,18,15 (e) The court addresses all parties to the agreement and determines by clear and convincing evidence that the agreement was entered into voluntarily and with understanding of the terms of the agreement, that no promises or threats were made to coerce any person into entering into the agreement, and that the parties have not relied on any representations other than those contained in the agreement.

AB150,18,20 (f) The agency having guardianship, legal custody, or supervision of the child, the child's guardian ad litem, and, in the case of an Indian child, the Indian child's tribe submit to the court recommendations concerning the granting of posttermination visitation, contact, communication, or sharing of information as provided for in the agreement.

AB150,18,22 (g) The court determines that the relative will not undermine the guardian or adoptive parent's or parents' relationship with the child.

AB150,19,3 (h) The court determines by clear and convincing evidence that granting posttermination visitation, contact, communication, or sharing of information as provided for in the agreement would be in the best interests of the child. In determining whether granting posttermination visitation, contact, communication, or sharing of information as provided for in the agreement would be in the best interests of the child, the court shall consider all of the following factors:

AB150,19,7 1. Whether the child has substantial relationships with the person who would have visitation, contact, communication, or sharing of information under the agreement, and whether it would be harmful to the child not to preserve those relationships.