AB68: Bill Text

AB68,683,8 3. If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are not available at the time of the order, the court shall defer making the findings under sub. (2v) (d) 1. as provided in this subdivision. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under sub. (2v) (d) 1.

AB68,822 Section 822. 48.217 (2v) (d) 1. and 2. of the statutes are created to read:

AB68,683,16 48.217 (2v) (d) 1. Except as provided in subd. 2., if the court changes the placement to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the change-in-placement order shall contain a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment:

AB68,683,18 a. Whether the needs of the child can be met through placement in a foster home.

AB68,683,22 b. Whether placement of the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the child in the least restrictive environment.

AB68,683,24 c. Whether the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,683,25 d. Whether the court approves or disapproves the placement.

AB68,684,6 2. If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are not available at the time of the order, the court shall defer making the findings under subd. 1. as provided in this subdivision. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under subd. 1.

AB68,823 Section 823. 48.233 (2) of the statutes is amended to read:

AB68,684,9 48.233 (2) This section does not apply to a proceeding commenced under s. 48.13 after June 30, 2021 2023.

AB68,824 Section 824. 48.233 (3) of the statutes is amended to read:

AB68,684,19 48.233 (3) The state public defender may promulgate rules necessary to implement the pilot program established under sub. (1). The state public defender may promulgate the rules under this subsection as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the state public defender is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until June 30, 2021 2023.

AB68,825 Section 825. 48.233 (4) of the statutes is amended to read:

AB68,684,25 48.233 (4) By January 1, 2021, and by January 1, 2023, the department and the state public defender shall each submit a report to the joint committee on finance, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), regarding costs and data from implementing the pilot program under sub. (1).

AB68,826 Section 826. 48.27 (3) (b) 1. a. of the statutes is amended to read:

AB68,685,3 48.27 (3) (b) 1. a. A person who has filed a declaration of paternal parental interest under s. 48.025.

AB68,827 Section 827 . 48.27 (3) (b) 1. b. of the statutes is amended to read:

AB68,685,8 48.27 (3) (b) 1. b. A person alleged to the court to be the father a parent of the child or who may, based on the statements of the mother parent who gave birth to the child or other information presented to the court, be the father a parent of the child.

AB68,828 Section 828 . 48.27 (5) of the statutes is amended to read:

AB68,685,16 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal parental interest under s. 48.025, any person conclusively determined from genetic test results to be the father under s. 767.804 (1), any person who has acknowledged paternity parentage of the child under s. 767.805 (1), and any person who has been adjudged to be the father parent of the child in a judicial proceeding unless the person's parental rights have been terminated.

AB68,829 Section 829 . 48.299 (2) of the statutes is created to read:

AB68,685,22 48.299 (2) (a) Except as provided in par. (b), instruments of restraint such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, or other similar items may not be used on a child during a court proceeding under this chapter and shall be removed prior to the child being brought into the courtroom to appear before the court.

AB68,685,25 (b) A court may order a child to be restrained during a court proceeding upon request of the district attorney, corporation counsel, or other appropriate official specified under s. 48.09 if the court finds all of the following:

AB68,686,1 1. That the use of restraints is necessary due to one of the following factors:

AB68,686,3 a. Instruments of restraint are necessary to prevent physical harm to the child or another person.

AB68,686,7 b. The child has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or the child presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior.

AB68,686,9 c. There is a reasonable belief that the child presents a substantial risk of flight from the courtroom.

AB68,686,12 2. That there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the child or another person, including the presence of court personnel, law enforcement officers, or bailiffs.

AB68,686,15 (c) The court shall provide the child's attorney an opportunity to be heard before the court orders the use of restraints under par. (b). The court shall make written findings of fact in support of any order to use restraints under par. (b).

AB68,686,18 (d) If the court orders a child to be restrained under par. (b), the restraints shall allow the child limited movement of the hands to read and handle documents and writings necessary to the hearing.

AB68,686,20 (e) No child may be restrained during a court proceeding under this chapter using fixed restraints attached to a wall, floor, or furniture.

AB68,830 Section 830 . 48.299 (6) (intro.) of the statutes is amended to read:

AB68,687,2 48.299 (6) (intro.) If a man person who has been given notice under s. 48.27 (3) (b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which he or she received the notice, alleges that he or she is the father a parent of the child, and states that he or she wishes to establish the paternity parentage of the child, all of the following apply:

AB68,831 Section 831 . 48.299 (6) (e) 1. of the statutes is amended to read:

AB68,687,8 48.299 (6) (e) 1. In this paragraph, “genetic test" means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability that a man person who is alleged to be a child's father parent is the child's biological father parent.

AB68,832 Section 832 . 48.299 (6) (e) 2. of the statutes is amended to read:

AB68,687,12 48.299 (6) (e) 2. The court shall, at the hearing, orally inform any man person specified in sub. (6) (intro.) that he or she may be required to pay for any testing ordered by the court under this paragraph or under s. 885.23.

AB68,833 Section 833 . 48.299 (6) (e) 3. of the statutes is amended to read:

AB68,688,2 48.299 (6) (e) 3. In addition to ordering testing as provided under s. 885.23, if the court determines that it would be in the best interests of the child, the court may order any man person specified in sub. (6) (intro.) to submit to one or more genetic tests which shall be performed by an expert qualified as an examiner of genetic markers present on the cells and of the specific body material to be used for the tests, as appointed by the court. A report completed and certified by the court-appointed expert stating genetic test results and the statistical probability that the man person alleged to be the child's father parent is the child's biological father parent based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at any hearing. The court, upon request by a party, may order that independent tests be performed by other experts qualified as examiners of genetic markers present on the cells of the specific body materials to be used for the tests.

AB68,834 Section 834 . 48.299 (6) (e) 4. of the statutes is amended to read:

AB68,688,8 48.299 (6) (e) 4. If the genetic tests show that an alleged father parent is not excluded and that the statistical probability that the alleged father parent is the child's biological father parent is 99.0 percent or higher, the court may determine that for purposes of a proceeding under this chapter, other than a proceeding under subch. VIII, the man person is the child's biological parent.

AB68,835 Section 835 . 48.299 (7) of the statutes is amended to read:

AB68,688,18 48.299 (7) If a man person who has been given notice under s. 48.27 (3) (b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which he or she received the notice but does not allege that he or she is the father a parent of the child and state that he or she wishes to establish the paternity parentage of the child or if no man person to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s. 59.53 (6) (a) for a determination, under s. 767.80, of whether an action should be brought for the purpose of determining the paternity parentage of the child.

AB68,836 Section 836. 48.32 (1) (ar) of the statutes is created to read:

AB68,689,2 48.32 (1) (ar) If the consent decree places a child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the agency primarily responsible for providing services to the child shall submit it and the recommendation of the qualified individual who completed the assessment, including all of the following, to the court and to all persons who are parties to the consent decree, no later than the time the consent decree is entered or, if not available by that time, no later than 30 days after the date on which the placement is made:

AB68,689,4 1. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.

AB68,689,6 2. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,689,9 3. The reasons why the child's needs can or cannot be met by the child's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child's needs cannot be met in a foster home.

AB68,689,12 4. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

AB68,837 Section 837. 48.32 (1) (b) 1r. of the statutes is created to read:

AB68,689,19 48.32 (1) (b) 1r. Except as provided in par. (cd), if the child is placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment under par. (ar):

AB68,689,21 a. Whether the needs of the child can be met through placement in a foster home.

AB68,689,25 b. Whether placement of the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the child in the least restrictive environment.

AB68,690,2 c. Whether the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,690,3 d. Whether the court approves or disapproves the placement.

AB68,838 Section 838. 48.32 (1) (cd) of the statutes is created to read:

AB68,690,10 48.32 (1) (cd) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required but not available at the time of the order, the court shall defer making the findings under par. (b) 1r. as provided in this paragraph. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under par. (b) 1r.

AB68,839 Section 839. 48.33 (4) (cm) of the statutes is created to read:

AB68,690,13 48.33 (4) (cm) A statement indicating whether the recommended placement is certified under s. 48.675.

AB68,840 Section 840. 48.33 (4) (cr) of the statutes is created to read:

AB68,690,19 48.33 (4) (cr) 1. If the report recommends placement of a child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, except as provided in subd. 2., the report shall contain the results of the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following:

AB68,690,21 a. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.

AB68,690,23 b. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,691,3 c. The reasons why the child's needs can or cannot be met by the child's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child's needs cannot be met in a foster home.

AB68,691,6 d. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

AB68,691,10 2. If the information under subd. 1. is not available at the time of the report, the agency shall submit it by the date of the dispositional hearing or, if it is not available on that date, no later than 30 days after the date on which the placement was made.

AB68,841 Section 841. 48.355 (2) (b) 6d. of the statutes is created to read:

AB68,691,17 48.355 (2) (b) 6d. Except as provided in par. (cd), if the child is placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment:

AB68,691,19 a. Whether the needs of the child can be met through placement in a foster home.

AB68,691,23 b. Whether placement of the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the child in the least restrictive environment.

AB68,691,25 c. Whether the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,692,1 d. Whether the court approves or disapproves the placement.

AB68,842 Section 842. 48.355 (2) (cd) of the statutes is created to read:

AB68,692,8 48.355 (2) (cd) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required but not available at the time of the order, the court shall defer making the findings under par. (b) 6d. as provided in this paragraph. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under par. (b) 6d.

AB68,843 Section 843 . 48.355 (4g) (a) 1. of the statutes is amended to read:

AB68,692,16 48.355 (4g) (a) 1. The child's parents are parties to a pending action for divorce, annulment, or legal separation, a man person determined under s. 48.299 (6) (e) 4. to be the biological father parent of the child for purposes of a proceeding under this chapter is a party to a pending action to determine paternity of the child under ch. 767, or the child is the subject of a pending independent action under s. 767.41 or 767.43 to determine legal custody of the child or visitation rights with respect to the child.

AB68,844 Section 844. 48.357 (1) (am) 1. c. of the statutes is amended to read:

AB68,692,24 48.357 (1) (am) 1. c. The notice shall contain the name and address of the new placement, the reasons for the change in placement, whether the new placement is certified under s. 48.675, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies the objectives of the treatment plan or permanency plan ordered by the court. The person sending the notice shall file the notice with the court on the same day that the notice is sent.

AB68,845 Section 845. 48.357 (1) (am) 1m. and 1r. of the statutes are created to read:

AB68,693,9 48.357 (1) (am) 1m. If the proposed change in placement would place the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive the notice under subd. 1. no later than time of filing that notice or, if not available by that time, and except as provided under subd. 1r., no later than 10 days after the notice is filed:

AB68,693,11 a. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.

AB68,693,13 b. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,693,16 c. The reasons why the child's needs can or cannot be met by the child's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child's needs cannot be met in a foster home.

AB68,693,19 d. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

AB68,693,23 1r. If, for good cause shown, the information required to be submitted under subd. 1m. is not available by the deadline under that subdivision, the person or agency primarily responsible for implementing the dispositional order shall submit it no later than 30 days after the date on which the placement is made.

AB68,846 Section 846. 48.357 (1) (c) 1r. of the statutes is created to read:

AB68,694,9 48.357 (1) (c) 1r. If the proposed change in placement would place the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information under par. (am) 1m., to the court and to all persons who are required to receive the notice under par. (am) 1. a. no later than the filing of that request or, if not available by that time, no later than 30 days after the date on which the placement was made.

AB68,847 Section 847. 48.357 (2) (a) of the statutes is renumbered 48.357 (2) (a) 1.

AB68,848 Section 848. 48.357 (2) (a) 2., 3. and 4. of the statutes are created to read: