Amendment ASA1-AB75

AB75-ASA1, s. 957 Section 957. 48.38 (2) (intro.) of the statutes is amended to read:

AB75-ASA1,491,15 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each child living in a foster home, treatment foster home, group home, residential care center for children and youth, juvenile detention facility, or shelter care facility, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each child living in the home of a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions specified in pars. (a) to (e) exists:

AB75-ASA1, s. 958 Section 958. 48.38 (2) (g) of the statutes is amended to read:

AB75-ASA1,491,19 48.38 (2) (g) The child's parent is placed in a foster home, treatment foster home, group home, residential care center for children and youth, juvenile detention facility, or shelter care facility and the child is residing with that parent.

AB75-ASA1, s. 958p Section 958p. 48.38 (4) (bm) of the statutes is amended to read:

AB75-ASA1,492,5 48.38 (4) (bm) A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the child and, if of what efforts were made to comply with an order under s. 48.21 (5) (e) requiring notification of all adult relatives of the child and all other adult individuals whose homes have been requested by the child's parent to be considered as potential placements for the child and to notify all other adult individuals whose homes have been requested by the child to be considered as potential placements for the child. If a decision is made not to place the child with an available relative, or individual identified by the child's parent or the child, the permanency plan shall include a statement as to why placement with the relative, or other individual is not safe or appropriate.

AB75-ASA1, s. 959 Section 959. 48.38 (4) (d) (intro.) of the statutes is amended to read:

AB75-ASA1,492,13 48.38 (4) (d) (intro.) If the child is living more than 60 miles from his or her home, documentation that placement within 60 miles of the child's home is either unavailable or inappropriate or documentation that placement more than 60 miles from the child's home is in the child's best interests. The placement of a child in a licensed foster home or a licensed treatment foster home more than 60 miles from the child's home is presumed to be in the best interests of the child if documentation is provided which shows all of the following:

AB75-ASA1, s. 960 Section 960. 48.38 (4) (f) (intro.) of the statutes is amended to read:

AB75-ASA1,492,19 48.38 (4) (f) (intro.) A description of the services that will be provided to the child, the child's family, and the child's foster parent, the child's treatment foster parent, the operator of the facility where the child is living, or the relative with whom the child is living to carry out the dispositional order, including services planned to accomplish all of the following:

AB75-ASA1, s. 961 Section 961. 48.38 (5) (b) of the statutes is amended to read:

AB75-ASA1,493,9 48.38 (5) (b) The court or the agency shall notify the parents of the child, the child, if he or she is 12 years of age or older, and the child's foster parent, the child's treatment foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living of the date, time, and place of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate of the date of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child's case record.

AB75-ASA1, s. 962 Section 962. 48.38 (5) (e) of the statutes is amended to read:

AB75-ASA1,493,16 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order, the child or the child's counsel or guardian ad litem, the person representing the interests of the public, the child's parent or guardian, the child's court-appointed special advocate and the child's foster parent, the child's treatment foster parent or the operator of the facility where the child is living.

AB75-ASA1, s. 963 Section 963. 48.38 (5m) (b) of the statutes is amended to read:

AB75-ASA1,493,24 48.38 (5m) (b) Not less than 30 days before the date of the hearing, the court shall notify the child; the child's parent, guardian, and legal custodian; the child's foster parent or treatment foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate; the agency that prepared the permanency plan; and the person representing the interests of the public of the date, time, and place of the hearing.

AB75-ASA1, s. 964 Section 964. 48.38 (5m) (c) of the statutes is amended to read:

AB75-ASA1,494,9 48.38 (5m) (c) Any person who is provided notice of the hearing may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, treatment foster parent, operator of a facility in which a child is living, or relative with whom a child is living who receives notice of a hearing under par. (b) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

AB75-ASA1, s. 965 Section 965. 48.38 (5m) (e) of the statutes is amended to read:

AB75-ASA1,495,2 48.38 (5m) (e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the child; the child's parent, guardian, and legal custodian; the child's foster parent or treatment foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; the child's court-appointed special advocate; the agency that prepared the permanency plan; and the person representing the interests of the public. The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.

AB75-ASA1, s. 966 Section 966. 48.40 (1m) of the statutes is repealed.

AB75-ASA1, s. 967 Section 967. 48.42 (2) (d) of the statutes is amended to read:

AB75-ASA1,495,7 48.42 (2) (d) Any other person to whom notice is required to be given by ch. 822, excluding foster parents and treatment foster parents who shall be provided notice as required under sub. (2g).

AB75-ASA1, s. 968 Section 968. 48.42 (2g) (a) of the statutes is amended to read:

AB75-ASA1,495,20 48.42 (2g) (a) In addition to causing the summons and petition to be served as required under sub. (2), the petitioner shall also notify any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child of all hearings on the petition. The first notice to any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) shall be written, shall have a copy of the petition attached to it, shall state the nature, location, date, and time of the initial hearing and shall be mailed to the last-known address of the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2). Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.

AB75-ASA1, s. 969 Section 969. 48.42 (2g) (am) of the statutes is amended to read:

AB75-ASA1,496,6 48.42 (2g) (am) The court shall give a foster parent , treatment foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under par. (a) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under par. (a) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

AB75-ASA1, s. 970 Section 970. 48.42 (2g) (b) of the statutes is amended to read:

AB75-ASA1,496,14 48.42 (2g) (b) Failure to give notice under par. (a) to a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the proceeding. If a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under par. (a), that person may request a rehearing on the matter at any time prior to the entry of an order under s. 48.427 (2) or (3). If the request is made, the court shall order a rehearing.

AB75-ASA1, s. 970g Section 970g. 48.422 (9) (b) of the statutes is amended to read:

AB75-ASA1,496,22 48.422 (9) (b) If a birth parent does not comply with par. (a), the court shall order any health care provider, as defined under s. 146.81 (1) (a) to (p), known to have provided care to the birth parent or parents to provide the court with any health care records of the birth parent or parents that are relevant to the child's medical condition or genetic history. A court order for the release of alcohol or drug abuse treatment records subject to 21 USC 1175 or 42 USC 4582 shall comply with 42 CFR 2.

AB75-ASA1, s. 971 Section 971. 48.427 (1m) of the statutes is amended to read:

AB75-ASA1,497,9 48.427 (1m) In addition to any evidence presented under sub. (1), the court shall give the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child an opportunity to be heard at the dispositional hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the dispositional hearing, or to submit a written statement prior to disposition, relevant to the issue of disposition. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

AB75-ASA1, s. 972 Section 972. 48.427 (3m) (a) 5. of the statutes is amended to read:

AB75-ASA1,497,13 48.427 (3m) (a) 5. A relative with whom the child resides, if the relative has filed a petition to adopt the child or if the relative is a kinship care relative receiving payments under s. 48.62 (4) for providing care and maintenance for the child.

AB75-ASA1, s. 973 Section 973. 48.427 (3m) (am) of the statutes is amended to read:

AB75-ASA1,497,19 48.427 (3m) (am) Transfer guardianship and custody of the child to a county department authorized to accept guardianship under s. 48.57 (1) (hm) for placement of the child for adoption by the child's foster parent or treatment foster parent, if the county department has agreed to accept guardianship and custody of the child and the foster parent or treatment foster parent has agreed to adopt the child.

AB75-ASA1, s. 974 Section 974. 48.428 (2) (a) of the statutes is amended to read:

AB75-ASA1,498,5 48.428 (2) (a) Except as provided in par. (b), when a court places a child in sustaining care after an order under s. 48.427 (4), the court shall transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am), and place the child in the home of a licensed foster parent, licensed treatment foster parent, or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a the placement, this licensed foster parent, licensed treatment foster parent, or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3).

AB75-ASA1, s. 975 Section 975. 48.428 (2) (b) of the statutes is amended to read:

AB75-ASA1,498,18 48.428 (2) (b) When a court places a child in sustaining care after an order under s. 48.427 (4) with a person who has been appointed as the guardian of the child under s. 48.977 (2), the court may transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am) and place the child in the home of a licensed foster parent, licensed treatment foster parent, or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a the placement, that licensed foster parent, licensed treatment foster parent, or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3). If the court transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am), the court shall terminate the guardianship under s. 48.977.

AB75-ASA1, s. 976 Section 976. 48.428 (4) of the statutes is amended to read:

AB75-ASA1,499,4 48.428 (4) Before a licensed foster parent, licensed treatment foster parent or kinship care relative may be appointed as a sustaining parent, the foster parent, treatment foster parent or kinship care relative shall execute a contract with the agency responsible for providing services to the child, in which the foster parent, treatment foster parent or kinship care relative agrees to provide care for the child until the child's 18th birthday unless the placement order is changed by the court because the court finds that the sustaining parents are no longer able or willing to provide the sustaining care or the court finds that the behavior of the sustaining parents toward the child would constitute grounds for the termination of parental rights if the sustaining parent was the birth parent of the child.

AB75-ASA1, s. 977 Section 977. 48.43 (5) (b) of the statutes is amended to read:

AB75-ASA1,499,12 48.43 (5) (b) The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (a). At least 10 days before the date of the hearing, the court shall provide notice of the time, date, and purpose of the hearing to the agency that prepared the report, the child's guardian, the child, if he or she is 12 years of age or over, and the child's foster parent, treatment foster parent, other physical custodian described in s. 48.62 (2), or the operator of the facility in which the child is living.

AB75-ASA1, s. 978 Section 978. 48.43 (5m) of the statutes is amended to read:

AB75-ASA1,499,17 48.43 (5m) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over, and to the child's foster parent, the child's treatment foster parent or the operator of the facility in which the child is living.

AB75-ASA1, s. 979 Section 979. 48.47 (40) of the statutes is created to read:

AB75-ASA1,499,20 48.47 (40) Foster care public information. Conduct a foster care public information campaign.

AB75-ASA1, s. 980 Section 980. 48.48 (9) of the statutes is amended to read:

AB75-ASA1,499,24 48.48 (9) To license foster homes or treatment foster homes as provided in s. 48.66 (1) (a) for its own use or for the use of licensed child welfare agencies or, if requested to do so, for the use of county departments.

AB75-ASA1, s. 981 Section 981. 48.48 (17) (a) 3. of the statutes is amended to read:

AB75-ASA1,500,13 48.48 (17) (a) 3. Provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the children in licensed foster homes, treatment foster homes, or group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the children in the homes of guardians under s. 48.977 (2), or contracting for services for those children by licensed child welfare agencies, except that the department may not purchase the educational component of private day treatment programs unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB75-ASA1, s. 982 Section 982. 48.48 (17) (a) 8. of the statutes is amended to read:

AB75-ASA1,500,16 48.48 (17) (a) 8. License foster homes or treatment foster homes in accordance with s. 48.75.

AB75-ASA1, s. 983 Section 983. 48.48 (17) (a) 10. of the statutes is repealed.

AB75-ASA1, s. 984 Section 984. 48.48 (17) (c) 4. of the statutes is amended to read:

AB75-ASA1,500,21 48.48 (17) (c) 4. Is living in a foster home, treatment foster home, group home, or residential care center for children and youth , or subsidized guardianship home under s. 48.62 (5).

AB75-ASA1, s. 985 Section 985 . 48.48 (17) (c) 4. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-ASA1,500,25 48.48 (17) (c) 4. Is living in a foster home, treatment foster home, group home, residential care center for children and youth.

AB75-ASA1, s. 986 Section 986. 48.481 (1) (a) of the statutes is amended to read:

AB75-ASA1,501,11 48.481 (1) (a) The department shall distribute $497,200 in each fiscal year to counties for the purpose of supplementing payments for the care of an individual who attains age 18 after 1986 and who resided in a foster home or a treatment foster home licensed under s. 48.62 for at least 2 years immediately prior to attaining age 18 and, for at least 2 years, received exceptional foster care or treatment foster care payments for exceptional circumstances in order to avoid institutionalization, as provided under rules promulgated by the department, so that the individual may live in a family home or other noninstitutional situation after attaining age 18. No county may use funds provided under this paragraph to replace funds previously used by the county for this purpose.

AB75-ASA1, s. 987 Section 987. 48.52 (1) (a) of the statutes is amended to read:

AB75-ASA1,501,13 48.52 (1) (a) Receiving homes to be used for the temporary care of children;.

AB75-ASA1, s. 988 Section 988. 48.52 (1) (b) of the statutes is amended to read:

AB75-ASA1,501,15 48.52 (1) (b) Foster homes or treatment foster homes;.

AB75-ASA1, s. 989 Section 989. 48.52 (1) (c) of the statutes is amended to read:

AB75-ASA1,501,17 48.52 (1) (c) Group homes; and.

AB75-ASA1, s. 989f Section 989f. 48.545 (2) (a) (intro.) of the statutes is amended to read:

AB75-ASA1,502,2 48.545 (2) (a) (intro.) From the appropriations under s. 20.437 (1) (eg) and (nL), the department shall distribute $2,125,200 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 500,000 or more and $1,199,300, $1,144,300 in each fiscal year to applying county departments under s. 46.22, 46.23, 51.42, or 51.437 operating in counties other than a county having a population of 500,000 or more, and $55,000 in each fiscal year to the Gay Straight Alliance for Safe Schools, Inc. to provide programs to accomplish all of the following:

AB75-ASA1, s. 989s Section 989s. 48.563 (2) of the statutes is amended to read:

AB75-ASA1,502,7 48.563 (2) Basic county allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $67,452,000 in each $51,577,400 in fiscal year 2009-10 and not more than $63,264,700 in fiscal year 2010-11 and in each fiscal year thereafter.

AB75-ASA1, s. 990 Section 990. 48.569 (1) (d) of the statutes is amended to read:

AB75-ASA1,502,22 48.569 (1) (d) From the appropriations under s. 20.437 (1) (b) and (o), the department shall distribute the funding for children and family services, including funding for foster care, treatment foster care, or subsidized guardianship care of a child on whose behalf aid is received under s. 48.645 to county departments as provided under s. 48.563. County matching funds are required for the distribution under s. 48.563 (2). Each county's required match for the distribution under s. 48.563 (2) shall be specified in a schedule established annually by the department. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in sub. (1m). Private donations may not exceed 25 percent of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB75-ASA1, s. 991 Section 991. 48.57 (1) (c) of the statutes is amended to read:

AB75-ASA1,503,11 48.57 (1) (c) To provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing those children in licensed foster homes, treatment foster homes, or group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing those children in the homes of guardians under s. 48.977 (2), or contracting for services for those children by licensed child welfare agencies, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

AB75-ASA1, s. 992 Section 992. 48.57 (1) (hm) of the statutes is amended to read:

AB75-ASA1,503,17 48.57 (1) (hm) If a county department in a county with a population of less than 500,000, to accept guardianship, when appointed by the court, of a child whom the county department has placed in a foster home or treatment foster home under a court order or voluntary agreement under s. 48.63 and to place that child under its guardianship for adoption by the foster parent or treatment foster parent.

AB75-ASA1, s. 993 Section 993. 48.57 (1) (i) of the statutes is amended to read:

AB75-ASA1,503,20 48.57 (1) (i) To license foster homes or treatment foster homes in accordance with s. 48.75.

AB75-ASA1, s. 994 Section 994. 48.57 (3) (a) 4. of the statutes is amended to read:

AB75-ASA1,503,24 48.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).

AB75-ASA1, s. 995 Section 995. 48.57 (3m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), sections 996 and 997, is repealed.

AB75-ASA1, s. 996 Section 996 . 48.57 (3m) (am) (intro.) of the statutes is amended to read:

AB75-ASA1,504,10 48.57 (3m) (am) (intro.) From the appropriation under s. 20.437 (1) (kc) (2) (md), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB75-ASA1, s. 997 Section 997 . 48.57 (3m) (b) 2. of the statutes is amended to read:

AB75-ASA1,504,23 48.57 (3m) (b) 2. When any kinship care relative of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time that payments are made under this subsection, is assigned to the state. If a child who is the beneficiary of a payment under this subsection is also the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.