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SB532,6,2423 48.437 (2r) (title) Removal from foster home, sustaining parent, or other
24physical custodian.
SB532,8
1Section 8. 48.437 (2r) of the statutes is renumbered 48.437 (2r) (a) and
2amended to read:
SB532,7,133 48.437 (2r) (a) If a hearing is held under sub. (1) (bm) and the change in
4placement would remove a child from a foster home or other placement with a
5physical custodian described in s. 48.62 (2) in which the child has been placed for less
6than 6 months
, the court shall give the foster parent or other physical custodian a
7right to be heard at the hearing by permitting the foster parent or other physical
8custodian to make a written or oral statement during the hearing or to submit a
9written statement prior to the hearing relating to the child and the requested change
10in placement. A foster parent or other physical custodian described in s. 48.62 (2)
11who receives notice of a hearing under sub. (1) (bm) and a right to be heard under this
12subsection paragraph does not become a party to the proceeding on which the
13hearing is held solely on the basis of receiving that notice and right to be heard.
SB532,9 14Section 9. 48.437 (2r) (b) of the statutes is created to read:
SB532,8,515 48.437 (2r) (b) If a hearing is held under sub. (1) (bm) and the change in
16placement would remove a child from a foster home or other placement with a
17physical custodian described in s. 48.62 (2) in which the child has been placed for 6
18months or more, the foster parent or other physical custodian is a party to the
19proceeding and, as a party, has the right to be heard as described in par. (a), to be
20represented by counsel, to request an examination or assessment of the child under
21s. 48.295 by an expert of the foster parent's or other physical custodian's own
22choosing, to present evidence relative to the issue of placement, including expert
23testimony, to confront and cross-examine witnesses, and to make alternative
24placement recommendations. In addition, counsel for the foster parent or other
25physical custodian may inspect and obtain copies of all records relating to the child

1as provided under s. 48.293. If counsel for the foster parent or other physical
2custodian discloses a record to the foster parent or other physical custodian, counsel
3shall advise that person that the information contained in the record is confidential
4and may be disclosed only for the purpose of participating in the
5change-in-placement proceeding.
SB532,10 6Section 10. 48.64 (4) (a) of the statutes is renumbered 48.64 (4) (a) 1. and
7amended to read:
SB532,8,258 48.64 (4) (a) 1. Except as provided in par. (d), any decision or order issued by
9an agency that affects the head of a foster home or group home, the head of the home
10of a relative other than a parent in which a child is placed, or the child involved may
11be appealed to the department under fair hearing procedures established under
12rules promulgated by the department. Upon receipt of an appeal, the department
13shall give the head of the home reasonable notice and an opportunity for a fair
14hearing. The department may make any additional investigation that the
15department considers necessary. The department shall give notice of the hearing to
16the head of the home and to the departmental subunit, county department, or child
17welfare agency that issued the decision or order. Each person receiving notice of the
18hearing
is entitled to be represented at the hearing. At all hearings conducted under
19this paragraph, the head of the home, or a representative of the head of the home,
20shall have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all
21documents and records to be used at the hearing at a reasonable time before the date
22of the hearing as well as during the hearing, to bring witnesses, to establish all
23pertinent facts and circumstances, and to question or refute any testimony or
24evidence, including an opportunity to confront and cross-examine adverse
25witnesses.
SB532,9,16
13. The department shall grant a continuance for a reasonable period of time
2when an issue is raised for the first time during a hearing. This requirement may
3be waived with the consent of the parties. The decision of the department shall be
4based exclusively on evidence introduced at the hearing. A transcript of testimony
5and exhibits, or an official report containing the substance of what transpired at the
6hearing, together with all papers and requests filed in the proceeding, and the
7findings of the hearing examiner shall constitute the exclusive record for decision by
8the department. The department shall make the record available at any reasonable
9time and at an accessible place to the head of the home or his or her representative.
10Decisions by the department shall specify the reasons for the decision and identify
11the supporting evidence. No person participating in an agency action being appealed
12may participate in the final administrative decision on that action. The department
13shall render its decision as soon as possible after the hearing and shall send a
14certified copy of its decision to the head of the home and to the departmental subunit,
15county department, or child welfare agency that issued the decision or order. The
16decision shall be binding on all parties concerned.
SB532,11 17Section 11. 48.64 (4) (a) 2. of the statutes is created to read:
SB532,9,2518 48.64 (4) (a) 2. The head of a foster or group home or the head of the home of
19a relative other than a parent who receives notice of intent to remove the child under
20sub. (1m) and who requests a hearing under subd. 1. is a party to the proceeding
21under this paragraph and, as a party, shall have the right to be heard, to be
22represented by counsel, to request an examination or assessment of the child as
23provided in s. 48.295 by an expert of his or her own choosing, to present evidence
24relative to the issue of placement, including expert testimony, to confront and
25cross-examine witnesses, and to make alternative placement recommendations. In

1addition, counsel for the head of the foster or group home or for the head of the home
2of the relative other than a parent may inspect and obtain copies of all records
3relating to the child as provided under s. 48.293. If counsel for the head of the foster
4or group home or for the head of the home of the relative other than a parent discloses
5a record to the head of the foster or group home or to the head of the home of the
6relative other than a parent, counsel shall advise him or her that the information
7contained in the record is confidential and may be disclosed only for the purpose of
8participating in the proceeding under this paragraph.
SB532,12 9Section 12. 48.64 (4) (c) of the statutes is renumbered 48.64 (4) (c) 1. and
10amended to read:
SB532,10,1611 48.64 (4) (c) 1. Except as provided in par. (d), the circuit court for the county
12where the dispositional order placing a child in a foster home or group home or in the
13home of a relative other than a parent was entered or the voluntary agreement under
14s. 48.63 placing a child in a foster home or group home was made has jurisdiction
15upon petition of any interested party over the child who is placed in the foster home,
16group home, or home of the relative. The
SB532,10,22 172. Subject to subd. 3., the circuit court may call a hearing, at which the head
18of the home and the supervising agency under sub. (2) shall be present, for the
19purpose of reviewing any decision or order of that agency involving the placement
20and care of the child. If the child has been placed in a foster home or in the home of
21a relative other than a parent, the foster parent or relative may present relevant
22evidence at the hearing.
SB532,10,24 234. The petitioner has the burden of proving by clear and convincing evidence
24that the decision or order issued by the agency is not in the best interests of the child.
SB532,13 25Section 13. 48.64 (4) (c) 3. of the statutes is created to read:
SB532,11,20
148.64 (4) (c) 3. If the head of a foster or group home or the head of the home of
2a relative other than a parent who receives notice of intent to remove the child under
3sub. (1m) petitions for a hearing under this paragraph, the circuit court shall call a
4hearing, at which the head of the foster or group home, or the head of the home of the
5relative other than a parent, and the supervising agency under sub. (2) shall be
6present, for the purpose of reviewing the decision to remove the child from the home.
7The head of the foster or group home or the head of the home of the relative other than
8a parent is a party to the proceeding under this paragraph and, as a party, has the
9right to be heard, to be represented by counsel, to request an examination or
10assessment of the child as provided in s. 48.295 by an expert of his or her own
11choosing, to present evidence relative to the issue of placement, including expert
12testimony, to confront and cross-examine witnesses, and to make alternative
13placement recommendations. In addition, counsel for the head of the foster or group
14home or for the head of the home of the relative other than a parent may inspect and
15obtain copies of all records relating to the child as provided under s. 48.293. If counsel
16for the head of the foster or group home or for the head of the home of the relative
17other than a parent discloses a record to the head of the foster or group home or to
18the head of the home of the relative other than a parent, counsel shall advise him or
19her that the information contained in the record is confidential and may be disclosed
20only for the purpose of participating in the proceeding under this paragraph.
SB532,14 21Section 14. 48.78 (2) (a) of the statutes is amended to read:
SB532,12,222 48.78 (2) (a) No agency may make available for inspection or disclose the
23contents of any record kept or information received about an individual who is or was
24in its care or legal custody, except as provided under sub. (2m) or s. 48.293 (2), 48.371,
2548.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17) (bm),

148.57 (2m), 48.66 (6), 48.93, 48.981 (7), 938.293 (2), 938.396 (2m) (c) 1r., 938.51, or
2938.78 or by order of the court.
SB532,15 3Section 15. 938.293 (2) of the statutes is amended to read:
SB532,12,174 938.293 (2) Records relating to juvenile. All records relating to a juvenile
5which are relevant to the subject matter of a proceeding under this chapter shall be
6open to inspection by a guardian ad litem or counsel for any party or by counsel for
7any foster parent or other physical custodian described in s. 938.357 (2r) (b)
, upon
8demand and upon presentation of releases where when necessary, at least 48 hours
9before the proceeding. Persons entitled to inspect the records may obtain copies of
10the records with the permission of the custodian of the records or with the permission
11of the court. The court may instruct counsel not to disclose specified items in the
12materials records to the juvenile or, the parent, or the juvenile's foster parent or other
13physical custodian described in s. 938.357 (2r) (b)
if the court reasonably believes
14that the disclosure would be harmful to the interests of the juvenile. Section 971.23
15shall be applicable in all delinquency proceedings under this chapter, except that the
16court shall establish the timetable for the disclosures required under s. 971.23 (1),
17(2m), (8), and (9).
SB532,16 18Section 16. 938.295 (1) (b) of the statutes is amended to read:
SB532,12,2219 938.295 (1) (b) The court shall hear any objections by the juvenile and the
20juvenile's parents, guardian, or legal custodian or the juvenile's foster parent or other
21physical custodian described in s. 938.357 (2r) (b)
to the request under par. (a) for an
22examination or assessment before ordering the examination or assessment.
SB532,17 23Section 17. 938.295 (3) of the statutes is amended to read:
SB532,13,324 938.295 (3) Objection to a particular professional. If the juvenile or, a
25parent, or the juvenile's foster parent or other physical custodian described in s.

1938.357 (2r) (b)
objects to a particular physician, psychiatrist, licensed psychologist,
2or other expert, the court shall appoint a different physician, psychiatrist,
3psychologist, or other expert.
SB532,18 4Section 18. 938.357 (2r) of the statutes is renumbered 938.357 (2r) (a) and
5amended to read:
SB532,13,166 938.357 (2r) (a) If a hearing is held under sub. (1) (am) 2. or (2m) (b) 1. and the
7change in placement would remove a juvenile from a foster home or other placement
8with a physical custodian described in s. 48.62 (2) in which the juvenile has been
9placed for less than 6 months
, the court shall give the foster parent or other physical
10custodian a right to be heard at the hearing by permitting the foster parent or other
11physical custodian to make a written or oral statement during the hearing or to
12submit a written statement prior to the hearing relating to the juvenile and the
13requested change in placement. A foster parent or other physical custodian who
14receives notice of a hearing under sub. (1) (am) 1. or (2m) (b) 2. and a right to be heard
15under this subsection paragraph does not become a party to the proceeding on which
16the hearing is held solely on the basis of receiving that notice and right to be heard.
SB532,19 17Section 19. 938.357 (2r) (b) of the statutes is created to read:
SB532,14,818 938.357 (2r) (b) If a hearing is held under sub. (1) (am) 2. or (2m) (b) 1. and the
19change in placement would remove a juvenile from a foster home or other placement
20with a physical custodian described in s. 48.62 (2) in which the juvenile has been
21placed for 6 months or more, the foster parent or other physical custodian shall
22become a party to the proceeding and, as a party, shall have the right to be heard as
23described in par. (a), to be represented by counsel, to request an examination or
24assessment of the juvenile under s. 938.295 by an expert of the foster parent's or other
25physical custodian's own choosing, to present evidence relative to the issue of

1placement, including expert testimony, to confront and cross-examine witnesses,
2and to make alternative placement recommendations. In addition, counsel for the
3foster parent or other physical custodian may inspect and obtain copies of all records
4relating to the juvenile as provided under s. 938.293. If counsel for the foster parent
5or other physical custodian discloses a record to the foster parent or other physical
6custodian, counsel shall advise that person that the information contained in the
7record is confidential and may be disclosed only for the purpose of participating in
8the change-in-placement proceeding.
SB532,20 9Section 20. 938.78 (2) (a) of the statutes is amended to read:
SB532,14,1410 938.78 (2) (a) No agency may make available for inspection or disclose the
11contents of any record kept or information received about an individual who is or was
12in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396 (3)
13(bm) or (c) 1r., 938.293 (2), 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c)
141r., 938.51, or 938.57 (2m) or by order of the court.
SB532,21 15Section 21 . Initial applicability.
SB532,14,2016 (1) Changes in placement. The treatment of ss. 48.293 (2), 48.295 (1) and (3),
1748.357 (1) (am) 2. a., 48.78 (2) (a), 938.293 (2), 938.295 (1) (b) and (3), and 938.78 (2)
18(a), the renumbering and amendment of ss. 48.357 (2r), 48.437 (2r), and 938.357 (2r),
19and the creation of ss. 48.357 (2r) (b), 48.437 (2r) (b), and 938.357 (2r) (b) first apply
20to a change of placement requested on the effective date of this subsection.
SB532,14,2421 (2) Decisions affecting out-of-home placements. The renumbering and
22amendment of s. 48.64 (4) (a) and (c) and the creation of s. 48.64 (4) (a) 2. and (c) 3.
23first apply to a decision or order of an agency involving the placement and care of a
24child issued on the effective date of this subsection.
SB532,14,2525 (End)
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