AB43: Bill Text

AB43,857 Section 857. 48.38 (2) (intro.) of the statutes is amended to read:

AB43,,2088 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each child living in a foster home, group home, residential care center for children and youth, juvenile detention facility, shelter care facility, qualifying residential family-based treatment facility with a parent, or supervised independent living arrangement, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each child living in the home of a guardian or, a relative other than a parent, or like-kin, that agency shall prepare a written permanency plan, if any of the conditions specified in pars. (a) to (e) exists:

AB43,858 Section 858. 48.38 (3m) (a) of the statutes is amended to read:

AB43,,2090 48.38 (3m) (a) All appropriate biological family members, relatives, and like-kin of the child, as determined by the agency. Notwithstanding s. 48.02 (12c) (b), in this paragraph, “like-kin” may include a person who is or previously was the child’s licensed foster parent.

AB43,859 Section 859. 48.38 (4) (f) (intro.) of the statutes is amended to read:

AB43,,2092 48.38 (4) (f) (intro.) A description of the services that will be provided to the child, the child’s family, and the child’s foster parent, the operator of the facility where the child is living, or the relative or like-kin with whom the child is living to carry out the dispositional order, including services planned to accomplish all of the following:

AB43,860 Section 860. 48.38 (4m) (b) of the statutes is amended to read:

AB43,,2094 48.38 (4m) (b) At least 10 days before the date of the hearing the court shall notify the child; any parent, guardian, and legal custodian of the child; any foster parent, or other physical custodian described in s. 48.62 (2) of the child, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living; and, if the child is an Indian child, the Indian child’s Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing.

AB43,861 Section 861. 48.38 (4m) (d) of the statutes is amended to read:

AB43,,2096 48.38 (4m) (d) The court shall give a foster parent, other physical custodian described in s. 48.62 (2), operator of a facility, or relative, or like-kin who is notified of a hearing under par. (b) a right to be heard at the hearing by permitting the foster parent, other physical custodian, operator, or relative, or like-kin to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, other physical custodian, operator of a facility, or relative, or like-kin 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.

AB43,862 Section 862. 48.38 (5) (b) of the statutes is amended to read:

AB43,,2098 48.38 (5) (b) The court or the agency shall notify the child; the child’s parent, guardian, and legal custodian; the child’s foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they shall have a right to be heard at the review as provided in par. (bm) 1. The court or agency shall notify the person representing the interests of the public, the child’s counsel, the child’s guardian ad litem, the child’s court-appointed special advocate, and the child’s school of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review as provided in par. (bm) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child’s case record. The notice to the child’s school shall also include the name and contact information for the caseworker or social worker assigned to the child’s case.

AB43,863 Section 863. 48.38 (5) (bm) 1. of the statutes is amended to read:

AB43,,2100 48.38 (5) (bm) 1. A child, parent, guardian, legal custodian, foster parent, operator of a facility, or relative, or like-kin who is provided notice of the review under par. (b) shall have a right to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review or by participating at the review. A person representing the interests of the public, counsel, guardian ad litem, court-appointed special advocate, or school who is provided notice of the review under par. (b) may have an opportunity to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review. A foster parent, operator of a facility, or relative, or like-kin who receives notice of a review under par. (b) and a right to be heard under this subdivision does not become a party to the proceeding on which the review is held solely on the basis of receiving that notice and right to be heard.

AB43,864 Section 864. 48.38 (5) (e) of the statutes is amended to read:

AB43,,2102 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order; the child or the child’s counsel or guardian ad litem; the person representing the interests of the public; the child’s parent, guardian, or legal custodian; the child’s court-appointed special advocate; the child’s foster parent, the operator of the facility where the child is living, or the relative or like-kin with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe.

AB43,865 Section 865. 48.38 (5m) (b) of the statutes is amended to read:

AB43,,2104 48.38 (5m) (b) The court shall notify the child; the child’s parent, guardian, and legal custodian; and the child’s foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par. (c) 1. The court shall notify the child’s counsel, the child’s guardian ad litem, and the child’s court-appointed special advocate; the agency that prepared the permanency plan; the child’s school; the person representing the interests of the public; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par. (c) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the hearing. The notice to the child’s school shall also include the name and contact information for the caseworker or social worker assigned to the child’s case.

AB43,866 Section 866. 48.38 (5m) (c) 1. of the statutes is amended to read:

AB43,,2106 48.38 (5m) (c) 1. A child, parent, guardian, legal custodian, foster parent, operator of a facility, or relative, or like-kin who is provided notice of the hearing under par. (b) shall have a right to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A counsel, guardian ad litem, court-appointed special advocate, agency, school, or person representing the interests of the public who is provided notice of the hearing under par. (b) may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, operator of a facility, or relative, or like-kin who receives notice of a hearing under par. (b) and a right to be heard under this subdivision 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.

AB43,867 Section 867. 48.38 (5m) (e) of the statutes is amended to read:

AB43,,2108 48.38 (5m) (e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the child; the child’s parent, guardian, and legal custodian; the child’s foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living; the child’s court-appointed special advocate; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child’s Indian custodian and tribe. The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.

AB43,868 Section 868. 48.385 (intro.) of the statutes is amended to read:

AB43,,2110 48.385 Plan for transition to independent living. (intro.) During the 90 days immediately before a child who is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, or in a supervised independent living arrangement attains 18 years of age or, if the child is placed in such a placement under an order under s. 48.355, 48.357, or 48.365 that terminates under s. 48.355 (4) (b) after the child attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) that terminates under s. 48.366 (3) (a) after the child attains 18 years of age, during the 90 days immediately before the termination of the order or agreement, the agency primarily responsible for providing services to the child under the order or agreement shall do all of the following:

AB43,869 Section 869. 48.396 (2) (dm) of the statutes is amended to read:

AB43,,2112 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.

AB43,870 Section 870. 48.40 (1m) of the statutes is amended to read:

AB43,,2114 48.40 (1m) “Kinship care relative provider” means a person receiving payments under s. 48.57 (3m) (am) for providing care and maintenance for a child.

AB43,871 Section 871. 48.42 (1g) (a) 4. of the statutes is amended to read:

AB43,,2116 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.

AB43,872 Section 872. 48.42 (1g) (b) of the statutes is amended to read:

AB43,,2118 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.

AB43,873 Section 873. 48.42 (1g) (c) of the statutes is amended to read:

AB43,,2120 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).

AB43,874 Section 874. 48.42 (2) (b) 1. of the statutes is amended to read:

AB43,,2122 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.

AB43,875 Section 875. 48.42 (2) (b) 2. of the statutes is amended to read:

AB43,,2124 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).

AB43,876 Section 876. 48.42 (2) (bm) 1. of the statutes is amended to read:

AB43,,2126 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.

AB43,877 Section 877. 48.422 (6) (a) of the statutes is amended to read:

AB43,,2128 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.

AB43,878 Section 878. 48.422 (7) (bm) of the statutes is amended to read:

AB43,,2130 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).

AB43,879 Section 879. 48.422 (7) (br) of the statutes is amended to read:

AB43,,2132 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.

AB43,880 Section 880. 48.423 (2) (d) of the statutes is amended to read:

AB43,,2134 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.

AB43,881 Section 881. 48.427 (3m) (a) 5. of the statutes is amended to read:

AB43,,2136 48.427 (3m) (a) 5. A relative with whom the child resides, if the relative has filed a petition to adopt the child or if the relative is a kinship care relative provider or is receiving payments under s. 48.62 (4) for providing care and maintenance for the child.

AB43,882 Section 882. 48.43 (5) (b) 1. of the statutes is amended to read:

AB43,,2138 48.43 (5) (b) 1. The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (a). At least 10 days before the date of the hearing, the court shall provide notice of the time, place, and purpose of the hearing to the agency that prepared the report, the child’s guardian, the child, and the child’s foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living.

AB43,883 Section 883. 48.43 (5) (b) 3. of the statutes is amended to read:

AB43,,2140 48.43 (5) (b) 3. The court shall give a foster parent, operator of a facility, or relative or like-kin who is notified of a hearing under subd. 1. a right to be heard at the hearing by permitting the foster parent, operator, or relative or like-kin to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, operator of a facility, or relative or like-kin 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.

AB43,884 Section 884. 48.43 (5m) of the statutes is amended to read:

AB43,,2142 48.43 (5m) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over, to the child’s guardian, to the child’s foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living, and, if the order under sub. (1) involuntarily terminated parental rights to an Indian child, to the Indian child’s tribe.

AB43,885 Section 885. 48.432 (1) (am) 2. b. of the statutes is amended to read:

AB43,,2144 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.

AB43,886 Section 886. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB43,,2146 CHAPTER 48

AB43,,2149 SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER ADULTS

AB43,887 Section 887. 48.44 of the statutes is amended to read:

AB43,,2151 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.

AB43,888 Section 888. 48.45 (1) (a) of the statutes is amended to read:

AB43,,2153 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.

AB43,889 Section 889. 48.45 (1) (am) of the statutes is amended to read:

AB43,,2155 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.

AB43,890 Section 890. 48.45 (3) of the statutes is amended to read:

AB43,,2157 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.

AB43,891 Section 891. 48.48 (8r) of the statutes is amended to read:

AB43,,2159 48.48 (8r) To reimburse county departments and Indian tribes, from the appropriations under s. 20.437 (1) (dd) and (pd), for subsidized guardianship payments made under s. 48.623 (1) or (6), including guardianships of Indian children ordered by tribal courts.

AB43,892 Section 892. 48.48 (17m) of the statutes is created to read:

AB43,,2161 48.48 (17m) (a) To provide intensive family preservation services or to provide funding to county departments, nonprofit or for-profit corporations, Indian tribes, or licensed child welfare agencies under contract with the department or a county department to provide intensive family preservation services. In this subsection, “intensive family preservation services” means evidence-informed services that are targeted to prevent the removal of children from the home under this chapter or ch. 938, to promote the safety of children in the home, or to provide services to children who are placed in out-of-home care or who are involved in the juvenile justice system.

AB43,,2162 (b) To provide support for intensive family preservation services provided by the department, county departments, nonprofit corporations, Indian tribes, or licensed child welfare agencies, including any of the following:

AB43,,2163 1. Training, coaching, quality assurance, data collection and analysis, and funding for certification or licensing for implementation of the services.

AB43,,2164 2. Purchasing or subsidizing the purchase of the services described in subd. 1.

AB43,,2165 (c) To develop criteria, standards, and review procedures for the administration of this subsection. Notwithstanding s. 227.10 (1), the criteria, standards, and review procedures established under this paragraph need not be promulgated as rules under ch. 227.

AB43,893 Section 893. 48.48 (19) of the statutes is repealed.

AB43,894 Section 894. 48.48 (22) of the statutes is created to read:

AB43,,2168 48.48 (22) To create, maintain, and require use of for placement purposes a group care referral clearinghouse. The department may promulgate rules necessary for the implementation of this subsection.

AB43,895 Section 895. 48.481 (title) of the statutes is amended to read:

AB43,,2170 48.481 (title) Grants for children’s community programs youth services.

AB43,896 Section 896. 48.481 (intro.) of the statutes is renumbered 48.481 (2m) (intro.) and amended to read:

AB43,,2172 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:

AB43,897 Section 897. 48.481 (1) of the statutes is repealed.

AB43,898 Section 898. 48.481 (1m) of the statutes is created to read:

AB43,,2175 48.481 (1m) In this section:

AB43,,2176 (a) “Nonprofit corporation” means a nonstock, nonprofit corporation organized under ch. 181.

AB43,,2177 (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.