AB150: Bill Text

AB150,22,15 3. Notwithstanding s. 48.01 (1) (intro.) and (2), the court may terminate or modify the approved posttermination contact agreement if the court finds by clear and convincing evidence that termination or modification of the agreement would be in the best interests of the child in light of the factors specified in sub. (4) (h), or that there has been a substantial change in circumstances since the entry of the last order affecting the agreement, and that the petitioner, before filing the petition, participated, or attempted to participate, in good faith in formal or informal mediation or other appropriate dispute resolution proceedings to resolve the issue giving rise to the filing of the petition. An order to modify an approved posttermination contact agreement may limit, restrict, condition, or decrease visitation, contact, communication, or sharing of information between the child and a birth relative of the child, but may not expand, enlarge, or increase that visitation, contact, communication, or sharing of information or place any new obligation on the adoptive parent or agency having guardianship, legal custody, or supervision of the child.

Note: This Section creates a statutory section to govern posttermination contact privileges, specifying who may enter into such an agreement, what must be included in the agreement, the conditions for the juvenile court's approval of such an agreement, and the procedures for enforcement, modification, or termination of such an agreement.

AB150,24 Section 24. 48.43 (2) (d) of the statutes is created to read:

AB150,22,18 48.43 (2) (d) A court may approve a posttermination contact agreement under s. 48.429.

Note: This Section specifies that although a TPR order permanently severs all legal rights and duties between the parent and child, the juvenile court may approve a posttermination contact agreement.

AB150,25 Section 25. 48.83 (1) of the statutes is amended to read:

AB150,23,7 48.83 (1) Except as provided in s. 48.028 (3) (b), the court of the county where the proposed adoptive parent or child resides and the court of the county where the termination of parental rights petition was filed under s. 48.42, upon the filing of a petition for adoption or for the adoptive placement of a child, has have jurisdiction over the child until the petition is withdrawn, denied, or granted. Venue shall for a petition for adoption may be in the county where the proposed adoptive parent or child resides at the time the petition is filed or in the county where the termination of parental rights petition was filed under s. 48.42. The court may transfer the case to a court in the county in which the proposed adoptive parents reside.

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

AB150,26 Section 26 . 48.837 (1r) (c) of the statutes is amended to read:

AB150,23,18 48.837 (1r) (c) The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child under par. (a) in the home of a proposed adoptive parent or parents who reside outside this state if the placement is made in compliance with s. 48.98, 48.988, or 48.99, whichever is applicable, if the home meets the criteria established by the laws of the state where the proposed adoptive parent or parents reside for a preadoptive placement of a child in the home of a nonrelative, and if an appropriate agency in that state has completed an investigation of the home as required under s. 48.88 (2) (a) and filed a report and recommendation concerning the home with the department, county department, or licensed child welfare agency.

AB150,27 Section 27 . 48.88 (2) (a) (intro.) of the statutes is amended to read:

AB150,24,2 48.88 (2) (a) (intro.) Except as provided under pars. (ag) and, (c), and (d), when a petition to adopt a child is filed, the court shall order an investigation to determine whether the child is a proper subject for adoption and whether the petitioner's home is suitable for the child. The court shall order one of the following to conduct the investigation:

AB150,28 Section 28 . 48.88 (2) (d) of the statutes is created to read:

AB150,24,5 48.88 (2) (d) An investigation to determine whether the petitioner's home is suitable for the child is not required if all of the following apply:

AB150,24,7 1. The petitioner's home is a foster home that is certified to provide level 2 care, as defined in the rules promulgated under s. 48.62 (8) (a).

AB150,24,10 2. The petitioner is licensed to operate his or her home as a foster home that is certified to provide level 2 care, as defined in the rules promulgated under s. 48.62 (8) (a), and this license is effective at the time the adoption petition is filed.

AB150,24,12 3. The petitioner has never had a license to operate a foster home revoked or suspended.

AB150,24,15 4. The child who is the subject of the adoption petition has resided in the petitioner's home for 12 consecutive months or more immediately prior to the filing of the adoption petition.

AB150,24,18 5. The foster home investigation was conducted in accordance with standards established by the department for investigating a foster home that will be converting into an adoptive home.

Note: Sections 26 , 27, and 28 eliminate the requirement that a home study be conducted for purposes of an adoption if all of the following apply: 1) the proposed adoptive parent's home is a foster home certified to provide level 2 care; 2) the proposed adoptive parent is licensed to operate his or her home as foster home certified to provide level 2 care and the license is effective at the time the adoption petition is filed; 3) the proposed adoptive parent has never had a license to operate a foster home revoked or suspended; 4) the child to be adopted has resided in the home for 12 consecutive months or more immediately prior to the filing of the adoption petition; and 5) the foster home investigation was conducted in accordance with standards established by DCF for investigating a foster home that will be converting into an adoptive home.

AB150,29 Section 29. 48.92 (2) of the statutes is amended to read:

AB150,25,12 48.92 (2) After the order of adoption is entered the relationship of parent and child between the adopted person and the adopted person's birth parents and the relationship between the adopted person and all persons whose relationship to the adopted person is derived through those birth parents shall be completely altered and all the rights, duties, and other legal consequences of those relationships shall cease to exist, unless the birth parent is the spouse of the adoptive parent, in which case those relationships shall be completely altered and those rights, duties, and other legal consequences shall cease to exist only with respect to the birth parent who is not the spouse of the adoptive parent and all persons whose relationship to the adopted person is derived through that birth parent. Notwithstanding the extinction of all parental rights under this subsection, a court may approve a posttermination contact agreement under s. 48.429 or order reasonable visitation under s. 48.925.

Note: This Section specifies that although an adoption order extinguishes all rights, duties, and legal consequences of a child's relationship with a birth parent and all birth relatives, the juvenile court may approve a posttermination contact agreement.

AB150,30 Section 30 . 48.93 (1d) of the statutes is amended to read:

AB150,25,17 48.93 (1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g), (1m), (1r), or (1v), or (2) (a), s. 48.432, 48.433, 48.434, 48.48 (17) (a) 9., or 48.57 (1) (j), or by order of the court for good cause shown.

AB150,31 Section 31 . 48.93 (1m) of the statutes is created to read:

AB150,26,2 48.93 (1m) If an adoptive parent or proposed adoptive parent of a child consents, the court or the agency that placed the child for adoption in the home of the adoptive parent or proposed adoptive parent may disclose the name and last-known address of the adoptive parent or proposed adoptive parent to an agency that is determining the availability of an adoptive placement for a sibling of the child under s. 48.38 (4) (br), 48.834 (2), or 938.38 (4) (br).

Note: Sections 30 and 31 permit records and papers pertaining to an adoption proceeding to be disclosed for purposes of determining the availability of a placement for a child with an adoptive parent or proposed adoptive parent of a sibling of the child.

AB150,32 Section 32 . 48.93 (2) of the statutes is renumbered 48.93 (2) (b) and amended to read:

AB150,26,8 48.93 (2) (b) All correspondence and papers, relating to the investigation, which that are not a part of the court record, except those in the custody of agencies authorized to place children for adoption, shall be transferred to the department and placed in its closed files.

AB150,33 Section 33 . 48.93 (2) (a) of the statutes is created to read:

AB150,26,19 48.93 (2) (a) 1. A proposed adoptive parent whose home is the subject of an investigation under s. 48.837 (1r) (c) or (4) (c) or 48.88 (2) (a) may request the agency conducting the investigation to disclose its report of the investigation to any other agency authorized to place children for adoption, to the state adoption information exchange under s. 48.55, or to the state adoption center under s. 48.55. Within 10 days after receipt of the request, the agency shall disclose the report to the person named in the request, unless within those 10 days the agency petitions the court for an order permitting the agency not to disclose the report, to restrict the information to be disclosed, or to defer disclosure of the report to a later date or for such other appropriate relief as the agency may request.

AB150,27,5 2. The petition shall allege facts showing good cause for granting the relief requested. The petitioner shall provide notice of the petition to the proposed adoptive parents and the person to whom disclosure of the report was requested. If any party receiving notice objects to the petition, the court shall hold a hearing to take evidence relating to the relief requested in the petition. If the court determines that there is good cause to grant the relief requested, the court shall grant such relief as the court may consider appropriate. If the court determines that there is not good cause to grant the relief requested, the court shall order the petitioner to disclose the report within 10 days after the date of the hearing.

Note: Sections 32 and 33 authorize a proposed adoptive parent who is the subject of a home study to request the agency conducting the study to disclose its report to another agency authorized to place children for adoption, the state adoption information exchange, or the state adoption center, unless, upon petition, the juvenile court finds that disclosure should be restricted, deferred, or disallowed.

AB150,34 Section 34. 938.02 (1) of the statutes is renumbered 938.02 (1g).

AB150,35 Section 35. 938.02 (1c) of the statutes is created to read:

AB150,27,9 938.02 (1c) "Adoption under tribal law or custom" has the meaning given in s. 48.02 (1c).

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

AB150,36 Section 36. 938.028 (2) (f) of the statutes is created to read:

AB150,27,12 938.028 (2) (f) "Suspension of parental rights" has the meaning given in s. 48.028 (2) (i).

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

AB150,37 Section 37. 938.028 (3) (f) of the statutes is amended to read:

AB150,27,19 938.028 (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 juvenile 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, under the Juvenile Justice Code, 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.

AB150,38 Section 38. 938.255 (1) (c) of the statutes is amended to read:

AB150,28,5 938.255 (1) (c) Whether the juvenile is in custody and, if so, the place where the juvenile is being held and the time he or she was taken into custody unless there is reasonable cause to believe that such disclosures would result in imminent danger to the juvenile or physical custodian are not in the best interests of the juvenile.

Note: This Section makes the same changes in the Juvenile Justice Code as Section 7 makes to the parallel provision of the Children's Code.

AB150,39 Section 39 . 938.33 (5) of the statutes is renumbered 938.33 (5) (a) and amended to read:

AB150,28,15 938.33 (5) (a) 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 juvenile'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 juvenile's parent or guardian if the court finds that disclosure would result in imminent danger to the juvenile or to the foster parent. After notifying the juvenile's parent or guardian, the court shall hold a hearing prior to ordering the information withheld.

AB150,40 Section 40 . 938.33 (5) (b) of the statutes is created to read:

AB150,28,22 938.33 (5) (b) If the report recommends that a juvenile 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 juvenile'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 juvenile. After notifying the juvenile's parent or guardian, the court shall hold a hearing prior to ordering that the information be withheld.

Note: Sections 39 and 40 make the same changes to the Juvenile Justice Code as Sections 8 and 9 make to the parallel provisions of the Children's Code.

AB150,41 Section 41 . 938.355 (2) (b) 2. of the statutes is amended to read:

AB150,29,11 938.355 (2) (b) 2. If Except as provided in subd. 2g., if the juvenile is placed outside the home, the name of the place or facility, including transitional placements, where the juvenile shall 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 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 court finds that disclosure of the identity of the foster parent would result in imminent danger to the juvenile or the foster parent, the court may order the name and address of the prospective foster parents withheld from the parent or guardian.

AB150,42 Section 42 . 938.355 (2) (b) 2g. of the statutes is created to read:

AB150,29,18 938.355 (2) (b) 2g. If the juvenile is placed outside the home, the court may order the name and address of the placement to be withheld from the juvenile'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 juvenile. After notifying the juvenile's parent or guardian, the court shall hold a hearing prior to ordering that the information be withheld.

Note: Sections 41 and 42 make the same changes to the Juvenile Justice Code as Sections 10 and 11 make to the parallel provisions of the Children's Code.

AB150,43 Section 43 . 938.357 (1) (am) 1. of the statutes is amended to read:

AB150,30,10 938.357 (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 under par. (c), the person or agency primarily responsible for implementing the dispositional order or the district attorney shall cause written notice of the proposed change in placement to be sent to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any foster parent or other physical custodian described in s. 48.62 (2) of the juvenile. If the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall also be sent to the Indian juvenile's Indian custodian and tribe. 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.

AB150,44 Section 44 . 938.357 (1) (am) 1r. of the statutes is created to read:

AB150,30,25 938.357 (1) (am) 1r. If the person or agency primarily responsible for implementing the dispositional order or the district attorney reasonably believes that withholding the name and address of the new placement is in the best interests of the juvenile, the person or agency primarily responsible for implementing the dispositional order or the district attorney may cause written notice of the proposed change in placement under subd. 1. to be sent to the juvenile'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 juvenile's parent or guardian, and if the juvenile is an Indian juvenile, the Indian juvenile'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 juvenile, the court shall order the name and address to be disclosed to the parent or guardian, and if the juvenile is an Indian juvenile, his or her parent or Indian custodian.

Note: Sections 43 and 44 make the same changes to the Juvenile Justice Code as Sections 12 and 13 make to the parallel provisions of the Children's Code.

AB150,45 Section 45 . 938.357 (1) (c) 2. of the statutes is amended to read:

AB150,31,10 938.357 (1) (c) 2. The court shall hold a hearing prior to ordering a change in placement requested under subd. 1. At Except as provided in subd. 2g., at least 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 juvenile, the parent, guardian, and legal custodian of the juvenile, all parties that are bound by the dispositional order, and, if the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe. Subject to subd. 2r., if all parties consent, the court may proceed immediately with the hearing.

AB150,46 Section 46 . 938.357 (1) (c) 2g. of the statutes is created to read:

AB150,31,18 938.357 (1) (c) 2g. The court may order the name and address of the requested change in placement to be withheld from the juvenile's parent or guardian, and if the juvenile is an Indian juvenile, 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 juvenile. After notifying the juvenile's parent or guardian, and if the juvenile is an Indian juvenile, the Indian juvenile's parent or Indian custodian, the court shall hold a hearing prior to ordering that the information be withheld.

Note: Sections 45 and 46 make the same changes to the Juvenile Justice Code as Sections 14 and 15 make to the parallel provisions of the Children's Code.

AB150,47 Section 47 . 938.357 (2m) (b) of the statutes is amended to read:

AB150,32,13 938.357 (2m) (b) Hearing; when required. 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 juvenile placed in the juvenile's home to a placement outside the juvenile's home, written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under this paragraph, and the court approves. If a hearing is scheduled, not less than 3 days before the hearing the court shall notify the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster parent or other physical custodian described in s. 48.62 (2) of the juvenile, all parties who are bound by the dispositional order, and, if the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe. 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.

AB150,48 Section 48 . 938.357 (2m) (bg) of the statutes is created to read:

AB150,32,20 938.357 (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 juvenile. After notifying the juvenile's parent or guardian, and if the juvenile is an Indian juvenile, the Indian juvenile's Indian custodian and tribe, the court shall hold a hearing prior to ordering that the information be withheld.

Note: Sections 47 and 48 make the same changes to the Juvenile Justice Code as Sections 16 and 17 make to the parallel provisions of the Children's Code.

AB150,49 Section 49. 938.38 (4) (fg) 2. of the statutes is amended to read:

AB150,32,23 938.38 (4) (fg) 2. Placement of the juvenile for adoption, including placement for adoption under tribal law or custom.

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

AB150,50 Section 50. Initial applicability.

AB150,33,5 (1) Posttermination contact agreements. The treatment of sections 48.425 (1) (h), 48.426 (3) (c), 48.428 (6) (a) and (b), 48.429, 48.43 (2) (d), and 48.92 (2) of the statutes first applies to a termination of parental rights petition filed on the effective date of this subsection.

Note: This subsection specifies that the provisions of the bill relating to a posttermination contact agreement first apply to a TPR petition filed on the effective date of the bill.

AB150,33,6 (2) Disclosure of name and address of out-of-home placements.

AB150,33,12 (a) Original petition. The treatment of sections 48.255 (1) (c), 48.355 (2) (b) 2. and 2g., 938.255 (1) (c), and 938.355 (2) (b) 2. and 2g. of the statutes, the renumbering and amendment of sections 48.33 (5) and 938.33 (5) of the statutes, and the creation of sections 48.33 (5) (b) and 938.33 (5) (b) of the statutes first apply to a petition filed under section 48.13, 938.12, 938.125, or 938.13 of the statutes on the effective date of this paragraph.

AB150,33,16 (b) Change-in-placement petition. The treatment of sections 48.357 (1) (am) 1. and 1r. and (c) 2. and 2g. and (2m) (b) and (bg) and 938.357 (1) (am) 1. and 1r. and (c) 2. and 2g. and (2m) (b) and (bg) of the statutes first applies to a request for a change in placement filed on the effective date of this paragraph.

Note: This subsection specifies that the disclosure provisions related to the name and address of an out-of-home placement that are included in the CHIPS petition, petition filed under the Juvenile Justice Code court report, or dispositional order are prospective as they apply to a petition filed on or after the effective date of the bill. Similarly, the disclosure provisions related to a requested change in placement apply to a request for a change in placement that is filed on or after the effective date of the bill.

AB150,34,3 (3) Home studies of an adoptive parent. The treatment of sections 48.837 (1r) (c) and 48.88 (2) (a) (intro.) and (d) of the statutes first applies to an adoption petition filed on the effective date of this subsection.

Note: This subsection specifies that the provisions of the bill specifying when a home study of a proposed adoptive parent is not required are prospective as they apply to an adoption petition filed on or after the effective date of the bill.

AB150,34,6 (4) Disclosure of last-known address of an adoptive parent or proposed adoptive parent. The treatment of section 48.93 (1m) of the statutes first applies to an adoption petition filed on the effective date of this subsection.

Note: This subsection specifies that the provision of the bill permitting the disclosure of records and papers pertaining to an adoption for purposes of determining the availability of a placement for a sibling of an adopted child with an adoptive parent or proposed adoptive parent applies to an adoption petition filed on or after the effective date of the bill.

AB150,51 Section 51. Effective date.

AB150,34,9 (1) This act takes effect on the first day of the 6th month beginning after publication.

Note: This Section delays the effective date of the bill until the first day of the 6th month following publication.