AB68: Bill Text

AB68,865 Section 865 . 48.396 (2) (dm) of the statutes is amended to read:

AB68,705,4 48.396 (2) (dm) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's attorney or the guardian ad litem for the child who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity parentage under s. 891.405, 891.407, or 891.41 (1), the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records.

AB68,866 Section 866 . 48.42 (1g) (a) 4. of the statutes is amended to read:

AB68,705,7 48.42 (1g) (a) 4. A statement identifying any man person who has lived in a familial relationship with the child and who may be the father a parent of the child.

AB68,867 Section 867 . 48.42 (1g) (b) of the statutes is amended to read:

AB68,705,17 48.42 (1g) (b) The petitioner shall notify any man person identified in the affidavit under par. (a) as an alleged father parent of his the right to file a declaration of paternal parental interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after the date on which the notice is mailed, whichever is later; of the birth date or anticipated birth date of the child; and of the consequences of filing or not filing a declaration of paternal parental interest. The petitioner shall include with the notice a copy of the form required to file a declaration of paternal parental interest under s. 48.025. The notice shall be sent by certified mail to the last-known address of the alleged father parent.

AB68,868 Section 868 . 48.42 (1g) (c) of the statutes is amended to read:

AB68,705,20 48.42 (1g) (c) If an affidavit under par. (a) is not filed with the petition, notice shall be given to an alleged father parent under sub. (2).

AB68,869 Section 869 . 48.42 (2) (b) 1. of the statutes is amended to read:

AB68,705,24 48.42 (2) (b) 1. A person who has filed an unrevoked declaration of paternal parental interest under s. 48.025 before the birth of the child or within 14 days after the birth of the child.

AB68,870 Section 870 . 48.42 (2) (b) 2. of the statutes is amended to read:

AB68,706,4 48.42 (2) (b) 2. A person or persons alleged to the court to be the father a parent of the child or who may, based upon the statements of the mother parent who gave birth to the child or other information presented to the court, be the father parent of the child unless that person has waived the right to notice under s. 48.41 (2) (c).

AB68,871 Section 871 . 48.42 (2) (bm) 1. of the statutes is amended to read:

AB68,706,9 48.42 (2) (bm) 1. A person who has filed an unrevoked declaration of paternal parental interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed, whichever is later.

AB68,872 Section 872 . 48.422 (6) (a) of the statutes is amended to read:

AB68,706,20 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and for whom paternity has not been established, or for whom a declaration of paternal parental interest has not been filed under s. 48.025 within 14 days after the date of birth of the child or, if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the paternity parentage of the child. Based on the testimony, the court shall determine whether all interested parties who are known have been notified under s. 48.42 (2) and (2g) (ag). If not, the court shall adjourn the hearing and order appropriate notice to be given.

AB68,873 Section 873 . 48.422 (7) (bm) of the statutes is amended to read:

AB68,707,14 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has been identified. If a proposed adoptive parent of the child has been identified and the proposed adoptive parent is not a relative of the child, the court shall order the petitioner to submit a report to the court containing the information specified in s. 48.913 (7). The court shall review the report to determine whether any payments or agreement to make payments set forth in the report are coercive to the birth parent of the child or to an alleged to or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the any birth parent of the child, an, alleged or presumed father parent of the child, or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petition or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1). This paragraph does not apply if the petition was filed with a petition for adoptive placement under s. 48.837 (2).

AB68,874 Section 874 . 48.422 (7) (br) of the statutes is amended to read:

AB68,707,18 48.422 (7) (br) Establish whether any person has coerced a birth parent or any alleged or presumed father parent of the child in violation of s. 48.63 (3) (b) 5. Upon a finding of coercion, the court shall dismiss the petition.

AB68,875 Section 875 . 48.423 (2) (d) of the statutes is amended to read:

AB68,707,22 48.423 (2) (d) That the person has complied with the requirements of the state where the mother birth parent previously resided or was located to protect and preserve his paternal or her parental interests in matters affecting the child.

AB68,876 Section 876 . 48.432 (1) (am) 2. b. of the statutes is amended to read:

AB68,708,3 48.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the mother at the time the individual or adoptee is conceived or born, or when the parents intermarry under s. 767.803.

AB68,877 Section 877. 48.437 (1) (a) 2. of the statutes is amended to read:

AB68,708,16 48.437 (1) (a) 2. 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, a statement of how the new placement satisfies the objectives of the treatment plan or permanency plan ordered by the court, and, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian, a statement as to whether the new placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order. The person sending the notice shall file the notice with the court on the same day the notice is sent.

AB68,878 Section 878. 48.437 (1) (a) 3. and 4. of the statutes are created to read:

AB68,709,2 48.437 (1) (a) 3. 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 agency appointed as the guardian of the child 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 of that notice, or, if not available by that time, and except as provided under subd. 4., no later than 10 days after the notice is filed:

AB68,709,4 a. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.

AB68,709,6 b. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,709,9 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.

AB68,709,12 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.

AB68,709,16 4. If, for good cause shown, the information required to be submitted under subd. 3. is not available by the deadline under that subdivision, the agency appointed as the guardian of the child shall submit it no later than 30 days after the date on which the placement is made.

AB68,879 Section 879. 48.437 (1) (c) of the statutes is amended to read:

AB68,709,25 48.437 (1) (c) Contents of order. The change-in-placement order shall contain the applicable order under sub. (2v) (a), the applicable statement under sub. (2v) (b), and the finding applicable findings under sub. (2v) (c) and (d). If the court changes the placement of an Indian child who has been removed from the home of his or her parent or Indian custodian, the change-in-placement order shall, in addition, comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

AB68,880 Section 880. 48.437 (2) of the statutes is renumbered 48.437 (2) (a).

AB68,881 Section 881. 48.437 (2) (b) and (c) of the statutes are created to read:

AB68,710,10 48.437 (2) (b) 1. If the emergency change in placement under par. (a) results in a child being placed 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 appointed as the guardian of the child shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified under sub. (1) (a) 3. with the notice under par. (a) or, if not available at that time, and except as provided under subd. 2., no later than 10 days after the filing of that notice.

AB68,710,14 2. If, for good cause shown, the information required to be submitted under subd. 1. is not available by the deadline under that subdivision, the agency appointed as the guardian of the child shall submit it no later than 30 days after the date on which the placement was made.

AB68,710,21 (c) If the emergency change in placement under par. (a) results in a child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the court shall, no later than 60 days after the placement is made, issue an order making the findings under sub. (2v) (d) 1., 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.

AB68,882 Section 882. 48.437 (2v) (d) of the statutes is created to read:

AB68,711,4 48.437 (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:

AB68,711,6 a. Whether the needs of the child can be met through placement in a foster home.

AB68,711,10 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.

AB68,711,12 c. Whether the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,711,13 d. Whether the court approves or disapproves the placement.

AB68,711,19 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 that subd. 1. 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 subd. 1.

AB68,883 Section 883 . Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB68,711,22 CHAPTER 48

AB68,711,25 SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER adults

AB68,884 Section 884. 48.44 of the statutes is amended to read:

AB68,712,5 48.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133, 48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in this chapter.

AB68,885 Section 885 . 48.45 (1) (a) of the statutes is amended to read:

AB68,712,14 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the child, the judge may make orders with respect to the conduct of such that person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how, and from where funds for the maintenance or care shall be paid.

AB68,886 Section 886 . 48.45 (1) (am) of the statutes is amended to read:

AB68,712,22 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child's expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 years of age or over adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such that person in his or her relationship to the unborn child and expectant mother.

AB68,887 Section 887 . 48.45 (3) of the statutes is amended to read:

AB68,713,3 48.45 (3) If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

AB68,888 Section 888. 48.47 (20) of the statutes is created to read:

AB68,713,7 48.47 (20) Diversity, equity, and inclusion grants. From the appropriation account under s. 20.437 (3) (r), award grants to public, private, or nonprofit entities that promote diversity and advance equity and inclusion.

AB68,889 Section 889. 48.47 (30) of the statutes is created to read:

AB68,713,11 48.47 (30) Diversity, equity, and inclusion grants. From the appropriation account under s. 20.437 (3) (f), award grants to public, private, or non-profit entities that promote diversity and advance equity and inclusion.

AB68,890 Section 890. 48.48 (17m) of the statutes is created to read:

AB68,713,17 48.48 (17m) (a) To provide funding to county departments, nonprofit corporations, Indian tribes, or licensed child welfare agencies under contract with the department or a county department for services to prevent the removal of children from the home under this chapter or chapter 938 or to promote the safety of children in the home.

AB68,713,22 (b) To provide direct support for evidence-based services provided by the department, county departments, Indian tribes, or licensed child welfare agencies that seek to prevent the removal of children from the home under this chapter or chapter 938 or to promote the safety of children in the home on a statewide, regional, or local level, including any of the following:

AB68,713,24 1. Training, coaching, quality assurance, and funding for certification or licensing for implementation of the evidence-based services.

AB68,713,25 2. Purchasing or subsidizing the purchase of the evidence-based services.

AB68,714,3 (c) To develop criteria, standards, and review procedures for the administration of this subsection. The department may promulgate rules relating to eligibility to receive support under this subsection.

AB68,891 Section 891. 48.48 (19) of the statutes is repealed.

AB68,892 Section 892. 48.48 (20) of the statutes is created to read:

AB68,714,8 48.48 (20) To certify a residential care center for children and youth, group home, or shelter care facility to operate a qualified residential treatment program as provided under s. 48.675 and monitor compliance with certification requirements.

AB68,893 Section 893. 48.48 (21) of the statutes is created to read:

AB68,714,11 48.48 (21) To provide training for staff, including contractors, of a child welfare agency or a congregate care facility, as defined in s. 48.685 (1) (ao).

AB68,894 Section 894. 48.481 (title) of the statutes is amended to read:

AB68,714,14 48.481 (title) Grants for children's community programs youth services.

AB68,895 Section 895. 48.481 (intro.) of the statutes is renumbered 48.481 (2m) (intro.) and amended to read:

AB68,714,20 48.481 (2m) (intro.) From the appropriation under s. 20.437 (1) (bc), the The department shall distribute the following grants for children's community programs youth services to public agencies, nonprofit corporations, and Indian tribes to provide programs that accomplish one or more of the following purposes:

AB68,896 Section 896. 48.481 (1) of the statutes is repealed.

AB68,897 Section 897. 48.481 (1m) of the statutes is created to read:

AB68,714,23 48.481 (1m) In this section:

AB68,714,25 (a) “Nonprofit corporation" means a nonstock, nonprofit corporation organized under ch. 181.

AB68,715,2 (b) “Public agency" means a county, city, village, town, or school district or an agency of this state or of a county, city, village, town, or school district.

AB68,898 Section 898. 48.481 (2) of the statutes is repealed.

AB68,899 Section 899. 48.481 (2m) (a), (b), (c), (d), (e), (f), (g), (h) and (i) and (3) of the statutes are created to read:

AB68,715,6 48.481 (2m) (a) Increasing youth access to housing.

AB68,715,8 (b) Increasing youth self-sufficiency through employment, education, and training.

AB68,715,11 (c) Increasing youth social and emotional health by promoting healthy and stable adult connections, social engagement, and connection with necessary services.

AB68,715,12 (d) Preventing sex trafficking of children and youth.

AB68,715,14 (e) Providing treatment and services for documented and suspected victims of child and youth sex trafficking.