AB562: Bill Text

AB562,6,24 48.437 (2r) (title) Removal from foster home, sustaining parent, or other physical custodian.

AB562,8 Section 8. 48.437 (2r) of the statutes is renumbered 48.437 (2r) (a) and amended to read:

AB562,7,13 48.437 (2r) (a) If a hearing is held under sub. (1) (bm) and the change in placement would remove a child from a foster home or other placement with a physical custodian described in s. 48.62 (2) in which the child has been placed for less than 6 months, the court shall give the foster parent or other physical custodian a right to be heard at the hearing by permitting the 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 relating to the child and the requested change in placement. A foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (bm) and a right to be heard under this subsection paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

AB562,9 Section 9. 48.437 (2r) (b) of the statutes is created to read:

AB562,8,5 48.437 (2r) (b) If a hearing is held under sub. (1) (bm) and the change in placement would remove a child from a foster home or other placement with a physical custodian described in s. 48.62 (2) in which the child has been placed for 6 months or more, the foster parent or other physical custodian is a party to the proceeding and, as a party, has the right to be heard as described in par. (a), to be represented by counsel, to request an examination or assessment of the child under s. 48.295 by an expert of the foster parent's or other physical custodian's own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the foster parent or other physical custodian may inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the foster parent or other physical custodian discloses a record to the foster parent or other physical custodian, counsel shall advise that person that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the change-in-placement proceeding.

AB562,10 Section 10. 48.64 (4) (a) of the statutes is renumbered 48.64 (4) (a) 1. and amended to read:

AB562,8,25 48.64 (4) (a) 1. Except as provided in par. (d), any decision or order issued by an agency that affects the head of a foster home or group home, the head of the home of a relative other than a parent in which a child is placed, or the child involved may be appealed to the department under fair hearing procedures established under rules promulgated by the department. Upon receipt of an appeal, the department shall give the head of the home reasonable notice and an opportunity for a fair hearing. The department may make any additional investigation that the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. Each person receiving notice of the hearing is entitled to be represented at the hearing. At all hearings conducted under this paragraph, the head of the home, or a representative of the head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses.

AB562,9,16 3. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

AB562,11 Section 11. 48.64 (4) (a) 2. of the statutes is created to read:

AB562,9,25 48.64 (4) (a) 2. The head of a foster or group home or the head of the home of a relative other than a parent who receives notice of intent to remove the child under sub. (1m) and who requests a hearing under subd. 1. is a party to the proceeding under this paragraph and, as a party, shall have the right to be heard, to be represented by counsel, to request an examination or assessment of the child as provided in s. 48.295 by an expert of his or her own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the head of the foster or group home or for the head of the home of the relative other than a parent may inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the head of the foster or group home or for the head of the home of the relative other than a parent discloses a record to the head of the foster or group home or to the head of the home of the relative other than a parent, counsel shall advise him or her that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the proceeding under this paragraph.

AB562,12 Section 12. 48.64 (4) (c) of the statutes is renumbered 48.64 (4) (c) 1. and amended to read:

AB562,10,16 48.64 (4) (c) 1. Except as provided in par. (d), the circuit court for the county where the dispositional order placing a child in a foster home or group home or in the home of a relative other than a parent was entered or the voluntary agreement under s. 48.63 placing a child in a foster home or group home was made has jurisdiction upon petition of any interested party over the child who is placed in the foster home, group home, or home of the relative. The

AB562,10,22 2. Subject to subd. 3., the circuit court may call a hearing, at which the head of the home and the supervising agency under sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home or in the home of a relative other than a parent, the foster parent or relative may present relevant evidence at the hearing.

AB562,10,24 4. The petitioner has the burden of proving by clear and convincing evidence that the decision or order issued by the agency is not in the best interests of the child.

AB562,13 Section 13. 48.64 (4) (c) 3. of the statutes is created to read:

AB562,11,20 48.64 (4) (c) 3. If the head of a foster or group home or the head of the home of a relative other than a parent who receives notice of intent to remove the child under sub. (1m) petitions for a hearing under this paragraph, the circuit court shall call a hearing, at which the head of the foster or group home, or the head of the home of the relative other than a parent, and the supervising agency under sub. (2) shall be present, for the purpose of reviewing the decision to remove the child from the home. The head of the foster or group home or the head of the home of the relative other than a parent is a party to the proceeding under this paragraph and, as a party, has the right to be heard, to be represented by counsel, to request an examination or assessment of the child as provided in s. 48.295 by an expert of his or her own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the head of the foster or group home or for the head of the home of the relative other than a parent may inspect and obtain copies of all records relating to the child as provided under s. 48.293. If counsel for the head of the foster or group home or for the head of the home of the relative other than a parent discloses a record to the head of the foster or group home or to the head of the home of the relative other than a parent, counsel shall advise him or her that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the proceeding under this paragraph.

AB562,14 Section 14. 48.78 (2) (a) of the statutes is amended to read:

AB562,12,2 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under sub. (2m) or s. 48.293 (2), 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.66 (6), 48.93, 48.981 (7), 938.293 (2), 938.396 (2m) (c) 1r., 938.51, or 938.78 or by order of the court.

AB562,15 Section 15. 938.293 (2) of the statutes is amended to read:

AB562,12,17 938.293 (2) Records relating to juvenile. All records relating to a juvenile which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party or by counsel for any foster parent or other physical custodian described in s. 938.357 (2r) (b), upon demand and upon presentation of releases where when necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the materials records to the juvenile or, the parent, or the juvenile's foster parent or other physical custodian described in s. 938.357 (2r) (b) if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Section 971.23 shall be applicable in all delinquency proceedings under this chapter, except that the court shall establish the timetable for the disclosures required under s. 971.23 (1), (2m), (8), and (9).

AB562,16 Section 16. 938.295 (1) (b) of the statutes is amended to read:

AB562,12,22 938.295 (1) (b) The court shall hear any objections by the juvenile and the juvenile's parents, guardian, or legal custodian or the juvenile's foster parent or other physical custodian described in s. 938.357 (2r) (b) to the request under par. (a) for an examination or assessment before ordering the examination or assessment.

AB562,17 Section 17. 938.295 (3) of the statutes is amended to read:

AB562,13,3 938.295 (3) Objection to a particular professional. If the juvenile or, a parent, or the juvenile's foster parent or other physical custodian described in s. 938.357 (2r) (b) objects to a particular physician, psychiatrist, licensed psychologist, or other expert, the court shall appoint a different physician, psychiatrist, psychologist, or other expert.

AB562,18 Section 18. 938.357 (2r) of the statutes is renumbered 938.357 (2r) (a) and amended to read:

AB562,13,16 938.357 (2r) (a) If a hearing is held under sub. (1) (am) 2. or (2m) (b) 1. and the change in placement would remove a juvenile from a foster home or other placement with a physical custodian described in s. 48.62 (2) in which the juvenile has been placed for less than 6 months, the court shall give the foster parent or other physical custodian a right to be heard at the hearing by permitting the 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 relating to the juvenile and the requested change in placement. A foster parent or other physical custodian who receives notice of a hearing under sub. (1) (am) 1. or (2m) (b) 2. and a right to be heard under this subsection paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

AB562,19 Section 19. 938.357 (2r) (b) of the statutes is created to read:

AB562,14,8 938.357 (2r) (b) If a hearing is held under sub. (1) (am) 2. or (2m) (b) 1. and the change in placement would remove a juvenile from a foster home or other placement with a physical custodian described in s. 48.62 (2) in which the juvenile has been placed for 6 months or more, the foster parent or other physical custodian shall become a party to the proceeding and, as a party, shall have the right to be heard as described in par. (a), to be represented by counsel, to request an examination or assessment of the juvenile under s. 938.295 by an expert of the foster parent's or other physical custodian's own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the foster parent or other physical custodian may inspect and obtain copies of all records relating to the juvenile as provided under s. 938.293. If counsel for the foster parent or other physical custodian discloses a record to the foster parent or other physical custodian, counsel shall advise that person that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the change-in-placement proceeding.

AB562,20 Section 20. 938.78 (2) (a) of the statutes is amended to read:

AB562,14,14 938.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396 (3) (bm) or (c) 1r., 938.293 (2), 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c) 1r., 938.51, or 938.57 (2m) or by order of the court.

AB562,21 Section 21 . Initial applicability.

AB562,14,20 (1) Changes in placement. The treatment of ss. 48.293 (2), 48.295 (1) and (3), 48.357 (1) (am) 2. a., 48.78 (2) (a), 938.293 (2), 938.295 (1) (b) and (3), and 938.78 (2) (a), the renumbering and amendment of ss. 48.357 (2r), 48.437 (2r), and 938.357 (2r), and the creation of ss. 48.357 (2r) (b), 48.437 (2r) (b), and 938.357 (2r) (b) first apply to a change of placement requested on the effective date of this subsection.

AB562,14,24 (2) Decisions affecting out-of-home placements. The renumbering and amendment of s. 48.64 (4) (a) and (c) and the creation of s. 48.64 (4) (a) 2. and (c) 3. first apply to a decision or order of an agency involving the placement and care of a child issued on the effective date of this subsection.

AB562,14,25 (End)