SB70-AA1,248,228
48.62
(2) A relative
or like-kin, a guardian of a child, or a person delegated care
9and custody of a child under s. 48.979 who provides care and maintenance for the
10child is not required to obtain the license specified in this section. The department,
11county department, or licensed child welfare agency as provided in s. 48.75 may issue
12a license to operate a foster home to a relative
or like-kin who has no duty of support
13under s. 49.90 (1) (a) and who requests a license to operate a foster home for a specific
14child who is either placed by court order or who is the subject of a voluntary
15placement agreement under s. 48.63. The department, a county department, or a
16licensed child welfare agency may, at the request of a guardian appointed under s.
1748.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., license the
18guardian's home as a foster home for the guardian's minor ward who is living in the
19home and who is placed in the home by court order. Relatives
and like-kin with no
20duty of support and guardians appointed under s. 48.977, 48.978, or 48.9795, ch. 54,
212017 stats., or ch. 880, 2003 stats., who are licensed to operate foster homes are
22subject to the department's licensing rules.
SB70-AA1,507
23Section
507. 48.62 (4) of the statutes is amended to read:
SB70-AA1,249,1224
48.62
(4) Monthly payments in foster care shall be provided according to the
25rates specified in this subsection. Beginning on January 1,
2022, the rates are $300
1for care and maintenance provided for a child of any age by a foster home that is
2certified to provide level one care, as defined in the rules promulgated under sub. (8)
3(a) and 2024, for care and maintenance provided by a foster home that is certified to
4provide
care at a any level of care
that is higher than level one care,
$420 $441 for
5a child under 5 years of age;
$460 $483 for a child 5 to 11 years of age;
$522 $548 for
6a child 12 to 14 years of age; and
$545 $572 for a child 15 years of age or over. In
7addition to these grants for basic maintenance, the department, county department,
8or licensed child welfare agency shall make supplemental payments for foster care
9to a foster home that is receiving an age-related rate under this subsection that are
10commensurate with the level of care that the foster home is certified to provide and
11the needs of the child who is placed in the foster home according to the rules
12promulgated by the department under sub. (8) (c).
SB70-AA1,508
13Section
508. 48.64 (1) of the statutes is amended to read:
SB70-AA1,249,1814
48.64
(1) Definition. In this section, “agency" means the department, the
15department of corrections, a county department under s. 46.215, 46.22, or 46.23, or
16a licensed child welfare agency authorized to place children in foster homes, group
17homes, or shelter care facilities approved under s. 938.22 (2) (c)
or, in the homes of
18relatives other than a parent
, or in the homes of like-kin.
SB70-AA1,509
19Section
509. 48.64 (1m) of the statutes is amended to read:
SB70-AA1,250,1620
48.64
(1m) Out-of-home care agreements. If an agency places a child in a
21foster home or group home or in the home of a relative other than a parent
or in the
22home of like-kin under a court order or places a child in a foster home, group home,
23or shelter care facility approved under s. 938.22 (2) (c) under a voluntary agreement
24under s. 48.63, the agency shall enter into a written agreement with the head of the
25home or facility. The agreement shall provide that the agency shall have access at
1all times to the child and the home or facility, and that the child will be released to
2the agency whenever, in the opinion of the agency placing the child or the
3department, the best interests of the child require release to the agency. If a child
4has been in a foster home or group home or in the home of a relative other than a
5parent
or in the home of like-kin for 6 months or more, the agency shall give the head
6of the home written notice of intent to remove the child, stating the reasons for the
7removal. The child may not be removed from a foster home, group home, or home of
8a relative other than a parent
or the home of like-kin before completion of the
9hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice,
10whichever is later, unless the safety of the child requires it or, in a case in which the
11reason for removal is to place the child for adoption under s. 48.833, unless all of the
12persons who have the right to request a hearing under sub. (4) (a) or (c) sign written
13waivers of objection to the proposed removal. If the safety of the child requires earlier
14removal, s. 48.19 applies. If an agency removes a child from an adoptive placement,
15the head of the home shall have no claim against the placing agency for the expense
16of care, clothing, or medical treatment.
SB70-AA1,510
17Section
510. 48.64 (2) of the statutes is amended to read:
SB70-AA1,250,2218
48.64
(2) Supervision of out-of-home care placements. Every child who is
19placed in a foster home, group home, or shelter care facility approved under s. 938.22
20(2) (c) shall be under the supervision of an agency. Every child who is placed in the
21home of a relative other than a parent
or in the home of like-kin under a court order
22shall be under the supervision of an agency.
SB70-AA1,511
23Section
511. 48.64 (4) (a) of the statutes is amended to read:
SB70-AA1,252,624
48.64
(4) (a) Except as provided in par. (d), any decision or order issued by an
25agency that affects the head of a foster home or group home, the head of the home
1of a relative other than a parent
or the home of like-kin in which a child is placed,
2or the child involved may be appealed to the department under fair hearing
3procedures established under rules promulgated by the department. Upon receipt
4of an appeal, the department shall give the head of the home reasonable notice and
5an opportunity for a fair hearing. The department may make any additional
6investigation that the department considers necessary. The department shall give
7notice of the hearing to the head of the home and to the departmental subunit, county
8department, or child welfare agency that issued the decision or order. Each person
9receiving notice is entitled to be represented at the hearing. At all hearings
10conducted under this paragraph, the head of the home, or a representative of the
11head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2)
12(a), to examine all documents and records to be used at the hearing at a reasonable
13time before the date of the hearing as well as during the hearing, to bring witnesses,
14to establish all pertinent facts and circumstances, and to question or refute any
15testimony or evidence, including an opportunity to confront and cross-examine
16adverse witnesses. The department shall grant a continuance for a reasonable
17period of time when an issue is raised for the first time during a hearing. This
18requirement may be waived with the consent of the parties. The decision of the
19department shall be based exclusively on evidence introduced at the hearing. A
20transcript of testimony and exhibits, or an official report containing the substance
21of what transpired at the hearing, together with all papers and requests filed in the
22proceeding, and the findings of the hearing examiner shall constitute the exclusive
23record for decision by the department. The department shall make the record
24available at any reasonable time and at an accessible place to the head of the home
25or his or her representative. Decisions by the department shall specify the reasons
1for the decision and identify the supporting evidence. No person participating in an
2agency action being appealed may participate in the final administrative decision on
3that action. The department shall render its decision as soon as possible after the
4hearing and shall send a certified copy of its decision to the head of the home and to
5the departmental subunit, county department, or child welfare agency that issued
6the decision or order. The decision shall be binding on all parties concerned.
SB70-AA1,512
7Section
512. 48.64 (4) (c) of the statutes is amended to read:
SB70-AA1,252,218
48.64
(4) (c) Except as provided in par. (d), the circuit court for the county where
9the dispositional order placing a child in a foster home or group home or in the home
10of a relative other than a parent
or in the home of like-kin was entered or the
11voluntary agreement under s. 48.63 placing a child in a foster home or group home
12was made has jurisdiction upon petition of any interested party over the child who
13is placed in the foster home, group home, or home of the relative
or like-kin. The
14circuit court may call a hearing, at which the head of the home and the supervising
15agency under sub. (2) shall be present, for the purpose of reviewing any decision or
16order of that agency involving the placement and care of the child. If the child has
17been placed in a foster home or in the home of a relative other than a parent
or in the
18home of like-kin, the foster parent
or, relative
, or like-kin may present relevant
19evidence at the hearing. The petitioner has the burden of proving by clear and
20convincing evidence that the decision or order issued by the agency is not in the best
21interests of the child.
SB70-AA1,513
22Section
513. 48.67 (4) (b) of the statutes is amended to read:
SB70-AA1,252,2523
48.67
(4) (b) The training under par. (a) shall be available to a kinship care
24relative provider, as defined in s. 48.40 (1m), upon request of the kinship care
relative 25provider.
SB70-AA1,514
1Section
514. 49.132 of the statutes is created to read:
SB70-AA1,253,4
249.132 Child care partnership grant program. (1) In this section,
3“business" means any organization or enterprise operated for profit or a nonprofit
4corporation. “Business” does not include a governmental entity.
SB70-AA1,253,9
5(2) The department may establish a grant program to award funding to
6businesses that provide or wish to provide child care services for their employees.
7A grant awarded under this program may be used to reserve child care placements
8for local business employees, pay child care tuition, and other costs related to child
9care.
SB70-AA1,253,11
10(3) A business awarded a grant under this section shall provide matching funds
11equal to 25 percent or more of the amount awarded.
SB70-AA1,253,13
12(4) The department may promulgate rules to administer this section, including
13to determine eligibility for a grant.
SB70-AA1,515
14Section
515. 49.133 of the statutes is created to read:
SB70-AA1,253,20
1549.133 Child care quality improvement program. (1) The department
16may establish a program under which it may, from the appropriation under s. 20.437
17(2) (c) and under s. 49.175 (1) (qm), make monthly payments and monthly per-child
18payments to child care providers certified under s. 48.651, child care centers licensed
19under s. 48.65, and child care programs established or contracted for by a school
20board under s. 120.13 (14).
SB70-AA1,253,23
21(2) The department may promulgate rules to implement the program under
22this section, including establishing eligibility requirements and payment amounts
23and setting requirements for how recipients may use the payments.
SB70-AA1,516
24Section
516. 49.155 (1g) (ac) of the statutes is amended to read:
SB70-AA1,254,2
149.155
(1g) (ac) A child care scholarship and bonus program, in the amount of
2at least
$3,975,000 $8,975,000 per fiscal year.
SB70-AA1,517
3Section
517. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:
SB70-AA1,254,94
49.155
(1m) (a) 1m. b. The individual has not yet attained the age of 18 years
5and the individual resides with his or her custodial parent or with a kinship care
6relative provider under s. 48.57 (3m) or with a long-term kinship care
relative 7provider under s. 48.57 (3n) or is in a foster home licensed under s. 48.62, a subsidized
8guardianship home under s. 48.623, a group home, or an independent living
9arrangement supervised by an adult.
SB70-AA1,518
10Section
518. 49.155 (6) (e) 2. of the statutes is repealed.
SB70-AA1,519
11Section
519. 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:
SB70-AA1,254,1412
49.155
(6) (e) 3. (intro.) The department may modify a child care provider's
13maximum payment rate under
subd. 2. pars. (a) to (c) on the basis of the provider's
14quality rating, as described in the quality rating plan, in the following manner:
SB70-AA1,520
15Section
520. 938.02 (12c) of the statutes is created to read:
SB70-AA1,254,1816
938.02
(12c) “Like-kin” means a person who has a significant emotional
17relationship with a child or the child's family and to whom any of the following
18applies:
SB70-AA1,254,2119
(a) Prior to the child's placement in out-of-home care, the person had an
20existing relationship with the child or the child's family that is similar to a familial
21relationship.
SB70-AA1,254,2522
(b) During the child's placement in out-of-home care, the person developed a
23relationship with the child or the child's family that is similar to a familial
24relationship, and the person is not and has not previously been the child's licensed
25foster parent.
SB70-AA1,255,2
1(c) For an Indian child, “like-kin” includes individuals identified by the child's
2tribe according to tribal tradition, custom or resolution, code, or law.
SB70-AA1,521
3Section
521. 938.02 (15) of the statutes is amended to read:
SB70-AA1,255,154
938.02
(15) “Relative" means a parent, stepparent, brother, sister, stepbrother,
5stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd
6cousin,
first cousin once removed, nephew, niece, uncle, aunt, stepuncle, stepaunt,
7or any person of a preceding generation as denoted by the prefix of grand, great, or
8great-great, whether by blood, marriage, or legal adoption, or the spouse of any
9person named in this subsection, even if the marriage is terminated by death or
10divorce. For purposes of the application of s. 938.028 and the federal Indian Child
11Welfare Act,
25 USC 1901 to
1963, “relative" includes an extended family member,
12as defined in s. 938.028 (2) (a), whether by blood, marriage, or adoption, including
13adoption under tribal law or custom. For purposes of placement of a juvenile,
14“relative" also includes a parent of a sibling of the juvenile who has legal custody of
15that sibling.
SB70-AA1,522
16Section
522. 938.028 (2) (c) of the statutes is amended to read:
SB70-AA1,255,2417
938.028
(2) (c) “Out-of-home care placement" means the removal of an Indian
18juvenile from the home of his or her parent or Indian custodian for temporary
19placement in a foster home, group home, residential care center for children and
20youth, or shelter care facility, in the home of a relative other than a parent,
in the
21home of like-kin, or in the home of a guardian, from which placement the parent or
22Indian custodian cannot have the juvenile returned upon demand. “Out-of-home
23care placement" does not include an emergency change in placement under s.
24938.357 (2) (b) or holding an Indian juvenile in custody under ss. 938.19 to 938.21.
SB70-AA1,523
25Section
523. 938.207 (1) (b) of the statutes is amended to read:
SB70-AA1,256,8
1938.207
(1) (b) The home of a relative
or like-kin, except that a juvenile may
2not be held in the home of a
relative if the relative person who has been convicted
3under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
42nd-degree intentional homicide, of a parent of the juvenile, and the conviction has
5not been reversed, set aside or vacated, unless the person making the custody
6decision determines by clear and convincing evidence that the placement would be
7in the best interests of the juvenile. The person making the custody decision shall
8consider the wishes of the juvenile in making that determination.
SB70-AA1,524
9Section
524. 938.207 (1) (f) of the statutes is amended to read:
SB70-AA1,256,1310
938.207
(1) (f) The home of a person not a relative
or like-kin if the person has
11not had a license under s. 48.62 refused, revoked, or suspended within the previous
122 years. A placement under this paragraph may not exceed 30 days, unless the
13placement is extended by the court for cause for an additional 30 days.
SB70-AA1,525
14Section
525. 938.33 (4) (intro.) of the statutes is amended to read:
SB70-AA1,256,2215
938.33
(4) Other out-of-home placements. (intro.) A report recommending
16placement in a foster home, group home, or nonsecured residential care center for
17children and youth, in the home of a relative other than a parent,
in the home of
18like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised
19independent living arrangement shall be in writing, except that the report may be
20presented orally at the dispositional hearing if all parties consent. A report that is
21presented orally shall be transcribed and made a part of the court record. The report
22shall include all of the following:
SB70-AA1,526
23Section
526. 938.335 (3g) (intro.) of the statutes is amended to read:
SB70-AA1,257,524
938.335
(3g) Reasonable efforts finding. (intro.) At hearings under this
25section, if the agency, as defined in s. 938.38 (1) (a), is recommending placement of
1the juvenile in a foster home, group home, or residential care center for children and
2youth, in the home of a relative other than a parent,
in the home of like-kin, in the
3home of a guardian under s. 48.977 (2), or in a supervised independent living
4arrangement, the agency shall present as evidence specific information showing all
5of the following:
SB70-AA1,527
6Section
527. 938.335 (3j) (intro.) of the statutes is amended to read:
SB70-AA1,257,147
938.335
(3j) Indian juvenile; active efforts finding. (intro.) At hearings
8under this section involving an Indian juvenile who is the subject of a proceeding
9under s. 938.13 (4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is
10recommending removal of the Indian juvenile from the home of his or her parent or
11Indian custodian and placement of the Indian juvenile in a foster home, group home,
12or residential care center for children and youth
or
, in the home of a relative other
13than a parent,
or in the home of like-kin, the agency shall present as evidence
14specific information showing all of the following:
SB70-AA1,528
15Section
528. 938.34 (3) (a) (intro.) of the statutes is amended to read:
SB70-AA1,257,2016
938.34
(3) (a) (intro.) The home of a parent
or, other relative
, or like-kin of the
17juvenile, except that the court may not designate any of the following as the juvenile's
18placement, unless the court determines by clear and convincing evidence that the
19placement would be in the best interests of the juvenile or, in the case of an Indian
20juvenile, the best interests of the Indian juvenile as described in s. 938.01 (3):
SB70-AA1,529
21Section
529. 938.34 (3) (a) 1. of the statutes is amended to read:
SB70-AA1,258,222
938.34
(3) (a) 1. The home of a parent
or, other relative
, or like-kin of the
23juvenile if the parent
or, other relative
, or like-kin has been convicted of the homicide
24of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been
25reversed, set aside, or vacated. In determining whether a placement under this
1subdivision would be in the best interests of the juvenile, the court shall consider the
2wishes of the juvenile.
SB70-AA1,530
3Section
530. 938.34 (3) (a) 2. of the statutes is amended to read:
SB70-AA1,258,104
938.34
(3) (a) 2. The home of a relative other than the parent of the juvenile
5or the home of like-kin if the court finds that the relative
or like-kin has been
6convicted of, has pleaded no contest to, or has had a charge dismissed or amended
7as a result of a plea agreement for a crime under s. 948.02 (1) or (2), 948.025, 948.03
8(2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081,
9948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215, 948.30, or 948.53, or
10a similar law of another state.
SB70-AA1,531
11Section
531. 938.355 (4) (am) (intro.) of the statutes is amended to read:
SB70-AA1,258,1812
938.355
(4) (am) (intro.) Except as provided in par. (b) or s. 938.368, an order
13under this section or s. 938.357 or 938.365 made before the juvenile attains 18 years
14of age that places or continues the placement of the juvenile in a foster home, group
15home, or residential care center for children and youth, in the home of a relative other
16than a parent
, in the home of like-kin, or in a supervised independent living
17arrangement shall terminate on the latest of the following dates, unless the court
18specifies a shorter period or the court terminates the order sooner:
SB70-AA1,532
19Section
532. 938.357 (6) (a) (intro.) of the statutes is amended to read:
SB70-AA1,259,220
938.357
(6) (a) (intro.) No change in placement may extend the expiration date
21of the original dispositional order, except that if the change in placement is from a
22placement in the juvenile's home to a placement in a foster home, group home, or
23residential care center for children and youth, in the home of a relative who is not
24a parent
, in the home of like-kin, or in a supervised independent living arrangement,
1the court may extend the expiration date of the original dispositional order to the
2latest of the following dates, unless the court specifies a shorter period:
SB70-AA1,533
3Section
533. 938.357 (6) (b) of the statutes is amended to read:
SB70-AA1,259,114
938.357
(6) (b) If the change in placement is from a placement in a foster home,
5group home, or residential care center for children and youth or in the home of a
6relative
or like-kin to a placement in the juvenile's home and if the expiration date
7of the original dispositional order is more than one year after the date on which the
8change-in-placement order is granted, the court shall shorten the expiration date
9of the original dispositional order to the date that is one year after the date on which
10the change-in-placement order is granted or to an earlier date as specified by the
11court.
SB70-AA1,534
12Section
534. 938.365 (5) (b) (intro.) of the statutes is amended to read:
SB70-AA1,259,1713
938.365
(5) (b) (intro.) Except as provided in s. 938.368, an order under this
14section that continues the placement of a juvenile in a foster home, group home, or
15residential care center for children and youth, in the home of a relative other than
16a parent
, in the home of like-kin, or in a supervised independent living arrangement
17shall be for a specified length of time not to exceed the latest of the following dates:
SB70-AA1,535
18Section
535. 938.366 (1) (a) of the statutes is amended to read:
SB70-AA1,259,2419
938.366
(1) (a) The person is placed in a foster home, group home, or residential
20care center for children and youth, in the home of a relative other than a parent,
in
21the home of like-kin, or in a supervised independent living arrangement under an
22order under s. 938.355, 938.357, or 938.365 that terminates as provided in s. 938.355
23(4) (am) 1., 2., or 3., 938.357 (6) (a) 1., 2., or 3., or 938.365 (5) (b) 1., 2., or 3. on or after
24the person attains 18 years of age.
SB70-AA1,536
25Section
536. 938.371 (1) (intro.) of the statutes is amended to read:
SB70-AA1,260,11
1938.371
(1) Medical information. (intro.) If a juvenile is placed in a foster
2home, group home, residential care center for children and youth, or juvenile
3correctional facility
or, in the home of a relative other than a parent,
or in the home
4of like-kin, including a placement under s. 938.205 or 938.21, the agency, as defined
5in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the
6juvenile shall provide the following information to the foster parent, relative
,
7like-kin, or operator of the group home, residential care center for children and
8youth, or juvenile correctional facility at the time of placement or, if the information
9has not been provided to the agency by that time, as soon as possible after the date
10on which the agency receives that information, but not more than 2 working days
11after that date:
SB70-AA1,537
12Section
537. 938.371 (1) (a) of the statutes is amended to read:
SB70-AA1,260,1813
938.371
(1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the
14juvenile as provided under s. 252.15 (3m) (d) 15., including results included in a court
15report or permanency plan. At the time that the test results are provided, the agency
16shall notify the foster parent, relative,
like-kin, or operator of the group home,
17residential care center for children and youth, or juvenile correctional facility of the
18confidentiality requirements under s. 252.15 (6).
SB70-AA1,538
19Section
538. 938.371 (3) (intro.) of the statutes is amended to read:
SB70-AA1,261,720
938.371
(3) Other information. (intro.) At the time of placement of a juvenile
21in a foster home, group home, residential care center for children and youth, or
22juvenile correctional facility or in the home of a relative other than a parent
or in the
23home of like-kin or, if the information is not available at that time, as soon as possible
24after the date on which the court report or permanency plan has been submitted, but
25no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a),
1responsible for preparing the juvenile's permanency plan shall provide to the foster
2parent, relative,
like-kin, or operator of the group home, residential care center for
3children and youth, or juvenile correctional facility information contained in the
4court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan
5submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court
6or agency that prepared the court report or permanency plan relating to any of the
7following:
SB70-AA1,539
8Section
539. 938.371 (5) of the statutes is amended to read:
SB70-AA1,261,159
938.371
(5) Confidentiality of information. Except as permitted under s.
10252.15 (6), a foster parent, treatment foster parent, relative,
like-kin, or operator of
11a group home, residential care center for children and youth, or juvenile correctional
12facility that receives any information under sub. (1) or (3), other than the information
13described in sub. (3) (e), shall keep the information confidential and may disclose that
14information only for the purposes of providing care for the juvenile or participating
15in a court hearing or permanency review concerning the juvenile.
SB70-AA1,540
16Section
540. 938.38 (2) (intro.) of the statutes is amended to read:
SB70-AA1,262,217
938.38
(2) Permanency plan required. (intro.) Except as provided in sub. (3),
18for each juvenile living in a foster home, group home, residential care center for
19children and youth, juvenile detention facility, shelter care facility, or supervised
20independent living arrangement, the agency that placed the juvenile or arranged the
21placement or the agency assigned primary responsibility for providing services to the
22juvenile under s. 938.355 (2) (b) 6g. shall prepare a written permanency plan, if any
23of the following conditions exists, and, for each juvenile living in the home of a
24guardian or a relative other than a parent
or in the home of like-kin, that agency
1shall prepare a written permanency plan, if any of the conditions under pars. (a) to
2(e) exists:
SB70-AA1,541
3Section
541. 938.38 (3m) (a) of the statutes is amended to read:
SB70-AA1,262,74
938.38
(3m) (a)
All appropriate biological family members, relatives, and
5like-kin of the juvenile, as determined by the agency. Notwithstanding s. 938.02
6(12c) (b), in this paragraph, “like-kin” may include a person who is or previously was
7the child's licensed foster parent.
SB70-AA1,542
8Section
542. 938.38 (4) (f) (intro.) of the statutes is amended to read:
SB70-AA1,262,139
938.38
(4) (f) (intro.) A description of the services that will be provided to the
10juvenile, the juvenile's family, and the juvenile's foster parent, the operator of the
11facility where the juvenile is living, or the relative
or like-kin with whom the juvenile
12is living to carry out the dispositional order, including services planned to accomplish
13all of the following:
SB70-AA1,543
14Section
543. 938.38 (4m) (b) of the statutes is amended to read:
SB70-AA1,262,2315
938.38
(4m) (b) At least 10 days before the date of the hearing the court shall
16notify the juvenile; any parent, guardian, and legal custodian of the juvenile; any
17foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, the
18operator of the facility in which the juvenile is living, or the relative
or like-kin with
19whom the juvenile is living; and, if the juvenile is an Indian juvenile who is or is
20alleged to be in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the
21Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the
22hearing, of the issues to be determined at the hearing, and of the fact that they shall
23have a right to be heard at the hearing.
SB70-AA1,544
24Section
544. 938.38 (4m) (d) of the statutes is amended to read:
SB70-AA1,263,9
1938.38
(4m) (d) The court shall give a foster parent, other physical custodian
2described in s. 48.62 (2), operator of a facility,
or relative
, or like-kin who is notified
3of a hearing under par. (b) a right to be heard at the hearing by permitting the foster
4parent, other physical custodian, operator,
or relative
, or like-kin to make a written
5or oral statement during the hearing, or to submit a written statement prior to the
6hearing, relevant to the issues to be determined at the hearing. The foster parent,
7other physical custodian, operator of a facility,
or relative
, or like-kin does not
8become a party to the proceeding on which the hearing is held solely on the basis of
9receiving that notice and right to be heard.
SB70-AA1,545
10Section
545. 938.38 (5) (b) of the statutes is amended to read:
SB70-AA1,264,211
938.38
(5) (b) The court or the agency shall notify the juvenile; the juvenile's
12parent, guardian, and legal custodian; the juvenile's foster parent, the operator of the
13facility in which the juvenile is living, or the relative
or like-kin with whom the
14juvenile is living; and, if the juvenile is an Indian juvenile who is placed outside the
15home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the
16Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the
17review, of the issues to be determined as part of the review, and of the fact that they
18shall have a right to be heard at the review as provided in par. (bm) 1. The court or
19agency shall notify the person representing the interests of the public, the juvenile's
20counsel, the juvenile's guardian ad litem, and the juvenile's school of the time, place,
21and purpose of the review, of the issues to be determined as part of the review, and
22of the fact that they may have an opportunity to be heard at the review as provided
23in par. (bm) 1. The notices under this paragraph shall be provided in writing not less
24than 30 days before the review and copies of the notices shall be filed in the juvenile's
25case record. The notice to the juvenile's school shall also include the name and
1contact information for the caseworker or social worker assigned to the juvenile's
2case.
SB70-AA1,546
3Section
546. 938.38 (5) (bm) 1. of the statutes is amended to read:
SB70-AA1,264,164
938.38
(5) (bm) 1. A juvenile, parent, guardian, legal custodian, foster parent,
5operator of a facility,
or relative
, or like-kin who is provided notice of the review
6under par. (b) shall have a right to be heard at the review by submitting written
7comments relevant to the determinations specified in par. (c) not less than 10
8working days before the date of the review or by participating at the review. A person
9representing the interests of the public, counsel, guardian ad litem, or school who is
10provided notice of the review under par. (b) may have an opportunity to be heard at
11the review by submitting written comments relevant to the determinations specified
12in par. (c) not less than 10 working days before the date of the review. A foster parent,
13operator of a facility,
or relative
, or like-kin who receives notice of a review under par.
14(b) and a right to be heard under this subdivision does not become a party to the
15proceeding on which the review is held solely on the basis of receiving that notice and
16right to be heard.
SB70-AA1,547
17Section
547. 938.38 (5) (e) of the statutes is amended to read:
SB70-AA1,265,218
938.38
(5) (e) Within 30 days, the agency shall prepare a written summary of
19the determinations under par. (c) and shall provide a copy to the court that entered
20the order; the juvenile or the juvenile's counsel or guardian ad litem; the person
21representing the interests of the public; the juvenile's parent, guardian, or legal
22custodian; the juvenile's foster parent, the operator of the facility where the juvenile
23is living, or the relative
or like-kin with whom the juvenile is living; and, if the
24juvenile is an Indian juvenile who is placed outside the home of his or her parent or
1Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
2custodian and tribe.