Amendment SSA1-SB532

SB532-SSA1,17 Section 17. 48.64 (4) (a) 2. and 3. of the statutes are created to read:

SB532-SSA1,14,7 48.64 (4) (a) 2. The head of a foster 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, may be represented by counsel and has the right to be heard, 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. If the child is an Indian child, any alternative placement recommendations shall comply with s. 48.028 (7) (b) or (c), whichever is applicable. The amount of time that a child has spent in a foster home or home of a relative other than a parent is not, on its own, good cause for departing from the order of placement preference under s. 48.028 (7) (b) or (c).

SB532-SSA1,14,15 3. Counsel for the head of the foster 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 home or for the head of the home of the relative other than a parent discloses a record to the head of the foster 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.

SB532-SSA1,18 Section 18. 48.64 (4) (c) of the statutes is renumbered 48.64 (4) (c) 1. and amended to read:

SB532-SSA1,14,23 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

SB532-SSA1,15,4 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.

SB532-SSA1,15,6 5. 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.

SB532-SSA1,19 Section 19. 48.64 (4) (c) 3. and 4. of the statutes are created to read:

SB532-SSA1,15,24 48.64 (4) (c) 3. If the head of a foster 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 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 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, may be represented by counsel and has the right to be heard, 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. If the child is an Indian child, any alternative placement recommendations shall comply with s. 48.028 (7) (b) or (c), whichever is applicable. The amount of time that a child has spent in a foster home or home of a relative other than a parent is not, on its own, good cause for departing from the order of placement preference under s. 48.028 (7) (b) or (c).

SB532-SSA1,16,8 4. Counsel for the head of the foster 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 home or for the head of the home of the relative other than a parent discloses a record to the head of the foster 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.

SB532-SSA1,20 Section 20. 48.78 (2) (a) of the statutes is amended to read:

SB532-SSA1,16,15 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.

SB532-SSA1,21 Section 21. 938.293 (2) of the statutes is amended to read:

SB532-SSA1,17,5 938.293 (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).

SB532-SSA1,22 Section 22. 938.295 (1) (b) of the statutes is amended to read:

SB532-SSA1,17,10 938.295 (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.

SB532-SSA1,23 Section 23. 938.295 (3) of the statutes is amended to read:

SB532-SSA1,17,16 938.295 (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.

SB532-SSA1,24 Section 24. 938.357 (2r) of the statutes is renumbered 938.357 (2r) (a) and amended to read:

SB532-SSA1,18,4 938.357 (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.

SB532-SSA1,25 Section 25. 938.357 (2r) (b) of the statutes is created to read:

SB532-SSA1,18,21 938.357 (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 is a party to the proceeding and, as a party, may be represented by counsel and has the right to be heard as described in par. (a), 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.

SB532-SSA1,26 Section 26 . 938.396 (2m) (b) 1. of the statutes is amended to read:

SB532-SSA1,19,13 938.396 (2m) (b) 1. The court shall make information relating to a proceeding under this chapter that is contained in the electronic records of the court available to any other court assigned to exercise jurisdiction under this chapter and ch. 48, a municipal court exercising jurisdiction under s. 938.17 (2), a court of criminal jurisdiction, a person representing the interests of the public under s. 48.09 or 938.09, an attorney or guardian ad litem for a parent or child who is a party to a proceeding in a court assigned to exercise jurisdiction under this chapter or ch. 48, or an attorney for a foster parent or other physical custodian described in s. 938.357 (2r) (b) or a municipal court, a district attorney prosecuting a criminal case, a law enforcement agency, the department of children and families, the department of corrections, or a county department, regardless of whether the person to whom the information is disclosed is a party to or is otherwise involved in the proceedings in which the electronic records containing that information were created. The director of state courts may use the circuit court automated information systems established under s. 758.19 (4) to make information contained in the electronic records of the court available as provided in this subdivision.

SB532-SSA1,27 Section 27 . 938.396 (2m) (c) 1m. of the statutes is amended to read:

SB532-SSA1,20,2 938.396 (2m) (c) 1m. A person representing the interests of the public under s. 48.09 or 938.09, an attorney or guardian ad litem for a parent or child who is a party to a proceeding in a court assigned to exercise jurisdiction under this chapter or ch. 48, or an attorney for a foster parent or other physical custodian described in s. 938.357 (2r) (b) or a municipal court, or a district attorney prosecuting a criminal case shall keep any information made available to that person under par. (b) 1. confidential and may use or allow access to that information only for the purpose of performing his or her official duties relating to a proceeding in a court assigned to exercise jurisdiction under this chapter and ch. 48, a municipal court, or a court of criminal jurisdiction. That person may allow that access regardless of whether the person who is allowed that access is a party to or is otherwise involved in the proceedings in which the electronic records containing that information were created.

SB532-SSA1,28 Section 28. 938.78 (2) (a) of the statutes is amended to read:

SB532-SSA1,20,8 938.78 (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.

SB532-SSA1,29 Section 29 . Initial applicability.

SB532-SSA1,20,16 (1) Changes in placement. The treatment of ss. 48.293 (2), 48.295 (1) and (3), 48.357 (1) (am) 2. a. and 3. and (2m) (am) 2. and (c) 2., 48.396 (3) (b) 1. and (c) 1m., 48.437 (1) (c), 48.78 (2) (a), 938.293 (2), 938.295 (1) (b) and (3), 938.396 (2m) (b) 1. and (c) 1m., 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.

SB532-SSA1,20,20 (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 3. and (c) 3. and 4. 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.

SB532-SSA1,20,21 (End)