3. The sharing of information about the child in the future between the adoptive
parent or guardian and a relative of the child.
4. The maintenance and sharing of the medical and genetic history of any relative
who is a party to the agreement.
A posttermination contact agreement must contain: 1) an acknowledgement by all
relatives who are parties to the agreement that, subject to certain exceptions under
current law, the TPR and adoption are irrevocable and that failure by a party to comply
with the agreement is not grounds to revoke the TPR or adoption; 2) an acknowledgement
by the proposed adoptive parents or guardian that the agreement is enforceable by any
person who is permitted posttermination visitation, contact, communication, or sharing
of information under the agreement; and 3) a statement by all parties to the agreement
that the agreement was entered into voluntarily and with understanding of the terms of
the agreement, that no promises or threats were made to coerce any person into entering
into the agreement, and that the parties have not relied on any representations other
than those contained in the agreement.
Approval of the Agreement
Under the bill, at the time a TPR order is granted, a juvenile court may approve
a posttermination contact agreement if: 1) the child and the parent meet the conditions
for entering into the agreement; 2) the agreement contains the required provisions; 3) the
parties to the agreement, including the parent and child, if 12 years of age or over, sign
the agreement; 4) the agency, the child's guardian ad litem, or, in the case of an Indian
child, the tribal child welfare department of the Indian child's tribe files the agreement;
5) the juvenile court addresses all parties to the agreement and determines that the
agreement was entered into voluntarily and with understanding of the terms of the
agreement, that no promises or threats were made to coerce any person into entering into
the agreement, and that the parties have not relied on any representations other than
those contained in the agreement; 6) the agency, the child's guardian ad litem, and, in the
case of an Indian child, the Indian child's tribe submit to the juvenile court
recommendations concerning the granting of posttermination visitation, contact,
communication, or sharing of information as provided for in the agreement; 7) the
juvenile court determines that the relative will not undermine the adoptive parents' or
guardian's relationship with the child; and 8) the juvenile court determines that granting
posttermination visitation, contact, communication, or sharing of information as
provided for in the agreement would be in the best interests of the child.
In determining whether granting posttermination visitation, contact,
communication, or sharing of information as provided for in the agreement would be in
the best interests of the child, the juvenile court must consider: 1) whether the child has
substantial relationships with the person who would have visitation, contact,
communication, or sharing of information under the agreement, and whether it would be
harmful to the child not to preserve those relationships; 2) any special needs of the child
and how those special needs would be affected by visitation, contact, communication, or
sharing of information as provided for in the agreement; 3) the specific terms of the
agreement and the likelihood that the parties will cooperate in complying with the
agreement; 4) the recommendations of the agency, the child's guardian ad litem, and, in
the case of an Indian child, the Indian child's tribe; and 5) any other factors that are
relevant to the best interests of the child.
The bill requires the juvenile court, in evaluating the TPR factor of a child's
substantial relationship with pretermination family members, to consider the terms of
any posttermination contact agreement that has been entered into with respect to the
child and permits the juvenile court to consider any other agreement by a proposed
adoptive parent or guardian to permit contact between the child and his or her
pretermination family after adoption of the child.
Enforcement of the Agreement
Under the bill, a posttermination contact agreement that has been approved by the
juvenile court is enforceable by the juvenile court. Before petitioning the juvenile court
for specific performance of the agreement, however, the petitioner must participate, or
attempt to participate, in good faith in formal or informal mediation or other appropriate
dispute resolution proceedings to resolve the dispute giving rise to the filing of the
petition.
If the juvenile court finds that a person is not in compliance with the agreement,
that enforcement of the agreement is in the best interests of the child, and that the
petitioner, before filing the petition, participated, or attempted to participate, in good
faith in formal or informal mediation or other appropriate dispute resolution proceedings
to resolve the dispute giving rise to the filing of the petition, the juvenile court must issue
an order requiring specific performance of the agreement, which order is the sole remedy
for noncompliance with the agreement.
Termination or Modification of the Agreement
The bill provides that a posttermination contact agreement that has been approved
by the juvenile court may be terminated or modified by agreement of the parties, which
the juvenile court must approve if it finds that the termination or modification would be
in the best interests of the child.
The juvenile court may also terminate or modify an agreement if a party shows that
the termination or modification would be in the best interests of the child, or that there
has been a substantial change in circumstances since the entry of the last order affecting
the agreement, and that the petitioner, before filing the petition, participated, or
attempted to participate, in good faith in formal or informal mediation or other
appropriate dispute resolution proceedings to resolve the dispute giving rise to the filing
of the petition. An order upon a petition to modify an approved posttermination contact
agreement may limit, restrict, condition, or decrease visitation, contact, communication,
or sharing of information between the child and a relative of the child, but may not expand
that visitation, contact, communication, or sharing of information or place any new
obligations on the adoptive parent or guardian.
Sharing of Home Study Report
Under current law, records and papers pertaining to an adoption proceeding may
not be disclosed except under certain statutory exceptions or by order of the juvenile court
for good cause shown.
The bill permits a proposed adoptive parent whose home is the subject of an
investigation to determine whether the home is suitable for the child (home study) to ask
the agency conducting the home study to disclose its report of the home study to another
agency authorized to place children for adoption, the state adoption information
exchange, or the state adoption center. Within ten days after receipt of such a request,
the agency must disclose the report to the person named in the request, unless within
those ten days the agency petitions the juvenile court for an order permitting the agency
not to disclose the report, to restrict the information to be disclosed, or to defer disclosure
of the report to a later date or for such other appropriate relief as the agency may request
and the juvenile court finds good cause for granting the relief requested.
Disclosure of Name and Address of an Out-of-Home Placement
Under current law, if a child or juvenile is removed from the home and placed in
custody, the child in need of protection or services (CHIPS) petition or petition filed under
the Juvenile Justice Code must include the place where the child or juvenile is being held
unless there is reasonable cause to believe disclosure would result in imminent danger
to the child, juvenile, or physical custodian.
Also, before a child is adjudged to be in need of protection or services, the
Department of Children and Families (DCF), a county department of human or social
services (county department), or a child welfare agency must submit a report to the
juvenile court that includes the name and address of the foster parent if the report
recommends out-of-home placement (court report). A copy of the court report must be
given to the child's parent or guardian. However, the juvenile court may order that the
name and address of the foster parent be withheld and not included in the copy of the
court report given to the child's parent or guardian if the juvenile court finds that
disclosure would result in imminent danger to the child or to the foster parent. The
juvenile court must hold a hearing on this matter prior to ordering that the information
be withheld.
The juvenile court may also order the name and address of a foster parent be
withheld in the copy of the dispositional order given to the child's parent or guardian if
the juvenile court holds a hearing and finds that disclosure would result in imminent
harm to the child or foster parent. Current law does not include a confidentiality
provision for withholding this information if there is a change in out-of-home placement.
This bill creates a procedure for a juvenile court to order the name and address of
any out-of-home placement to be withheld from the copy of the CHIPS petition, petition
filed under the Juvenile Justice Code, court report, or dispositional order that is given to
a child or juvenile's parent or guardian if, after holding a hearing on the matter with
notice given to the parent or guardian, the juvenile court finds that disclosure is not in
the best interests of the child.
Likewise, the bill also permits the name and address of a proposed out-of-home
placement to be withheld from the change-in-placement notice given to the child or
juvenile's parent or guardian, and if the child or juvenile is an Indian child or Indian
juvenile, the Indian child or Indian juvenile's parent or Indian custodian, if the person
or agency primarily responsible for implementing the dispositional order, the district
attorney, or the corporation counsel reasonably believes that withholding this
information is in the best interests of the child. The juvenile court must then hold a
hearing on this matter after giving notice to the child or juvenile's parent or guardian, and
if the child or juvenile is an Indian child or juvenile, the Indian child or juvenile's
custodian and tribe. The juvenile court must order that this information be disclosed if
it finds that withholding the information is not in the best interests of the child or
juvenile.
Home Study of An Adoptive Parent
Under current law, after an adoption petition is filed, the juvenile court must order
an investigation to determine whether the child is a proper subject for adoption and
whether the proposed adoptive parent's home is suitable for the child. The home of a
proposed adoptive parent must be investigated for adoption purposes even if the proposed
adoptive parent has obtained a license to operate a foster home.
This bill eliminates the requirement for a home study to be conducted for purposes
of an adoption if all of the following apply: 1) the proposed adoptive parent's home is a
foster home certified to provide level 2 care; 2) the proposed adoptive parent is licensed
to operate his or her home as a foster home certified to provide level 2 care and the license
is effective at the time the adoption petition is filed; 3) the proposed adoptive parent has
never had a license to operate a foster home revoked or suspended; 4) the child to be
adopted has resided in the home for 12 consecutive months or more immediately prior to
the filing of the adoption petition; and 5) the foster home investigation was conducted in
accordance with standards established by DCF for investigating a foster home that will
be converting into an adoptive home.
Disclosure of Last-Known Address of an Adoptive Parent or Proposed Adoptive Parent
Current law requires DCF, a county department, or a child welfare agency to
include in a child's permanency plan, which is a plan designed to ensure that the child
quickly attains a placement or home providing long-term stability, a statement as to the
availability of a safe and appropriate placement for the child with a foster parent,
adoptive parent, or proposed adoptive parent of a sibling of the child. Current law also
requires DCF, a county department, or a child welfare agency, before placing for adoption
a child who has a sibling who has been adopted or has been placed for adoption, to consider
the availability of a placement for adoption with an adoptive parent or proposed adoptive
parent of a sibling of the child who is identified in the child's permanency plan or who is
otherwise known by DCF, the county department, or the child welfare agency. However,
those records and papers must be kept in a separate locked file and may not be disclosed
except under certain exceptions or by order of the juvenile court for good cause shown.
This bill permits records and papers pertaining to an adoption proceeding to be
disclosed for purposes of determining the availability of a placement for a child with an
adoptive parent or proposed adoptive parent of a sibling of the child.
Tribal Court Proceeding for a Suspension of Parental Rights or an Adoption Under Tribal
Law or Custom
In 2009, Wisconsin incorporated the Federal Indian Child Welfare Act (ICWA) in
the Children's Code and the Juvenile Justice Code.
In very general terms, ICWA applies to certain child custody proceedings in state
courts involving an Indian child, and requires certain notices, findings, and placement
preferences in state court child custody proceedings under certain circumstances. ICWA
provides for tribal court jurisdiction in some circumstances and also provides a process
for a tribe to assume exclusive jurisdiction of a state court's child custody proceeding
under certain circumstances.
ICWA accords full faith and credit by the state to a tribal court's Indian child
custody proceeding, just as the state would to a judicial proceeding of any other
governmental entity.
An "Indian child custody proceeding" in a state court means an action for an
adoptive placement, an out-of-home care placement, a preadoptive placement, or a TPR.
That definition, however, does not include a proceeding in a tribal court for a suspension,
rather than a termination, of parental rights, or an adoption under tribal law or custom.
This bill provides definitions for an "adoption under tribal law or custom" and a
"suspension of parental rights," and provides that such actions by a tribal court are
accorded full faith and credit by a state court.
Jurisdiction and Venue for an Adoption Petition
Under current law, the juvenile court of the county where the proposed adoptive
parent or child resides, upon the filing of a petition for adoption or for the adoptive
placement of a child, has jurisdiction over the child until the adoption petition is
withdrawn, denied, or granted. Similarly, the venue for an adoption petition is the county
where the proposed adoptive parent or child resides at the time that the petition is filed.
The juvenile court may, however, transfer the case to another juvenile court in the county
in which the proposed adoptive parents reside.
This bill extends jurisdiction over and venue for an adoption petition to the juvenile
court in the county where the TPR petition was filed.
AB150,1
1Section
1. 48.02 (1c) of the statutes is created to read:
AB150,7,3
148.02
(1c) "Adoption under tribal law or custom" means an adoption recognized
2by an Indian child's tribe that gives a child a permanent parent-child relationship
3with an individual other than a biological parent.
Note: This Section provides a definition in the Children's Code for an "adoption
under tribal law or custom."
AB150,2
4Section
2. 48.028 (2) (b) and (c) of the statutes are amended to read:
AB150,7,75
48.028
(2) (b) "Former Indian custodian" means a person who was the Indian
6custodian of an Indian child before termination
or suspension of parental rights to
7and adoption of the Indian child.
AB150,7,108
(c) "Former parent" means a person who was the parent of an Indian child
9before termination
or suspension of parental rights to and adoption of the Indian
10child.
Note: This Section modifies the definitions of "former Indian custodian" and
"former parent" in the Wisconsin Indian Child Welfare Act (WICWA) to specify that a
former parent or former Indian custodian in a state court proceeding includes a person
who had parental rights or custodial responsibilities prior to a suspension of parental
rights by a tribal court.
AB150,3
11Section
3. 48.028 (2) (f) of the statutes is amended to read:
AB150,7,1612
48.028
(2) (f) "Preadoptive placement" means the temporary placement of an
13Indian child in a foster home, group home, or residential care center for children and
14youth, in the home of a relative other than a parent, or in the home of a guardian after
15a termination
or suspension of parental rights but prior to or in lieu of an adoptive
16placement.
Note: This Section specifies that a preadoptive placement in a state court
proceeding under WICWA includes placement after a suspension of parental rights by a
tribal court.
AB150,4
17Section
4. 48.028 (2) (i) of the statutes is created to read:
AB150,8,3
148.028
(2) (i) "Suspension of parental rights" means a suspension, pursuant to
2a tribal court order, of all rights, powers, privileges, immunities, duties, and
3obligations existing between parent and child.
Note: This Section provides a definition in the Children's Code for a "suspension
of parental rights" ordered by a tribal court.
AB150,5
4Section
5. 48.028 (3) (f) of the statutes is amended to read:
AB150,8,105
48.028
(3) (f)
Full faith and credit. The state shall give full faith and credit to
6the public acts, records, and judicial proceedings of any Indian tribe that are
7applicable to an Indian child custody proceeding
, including a proceeding for a
8suspension of parental rights or an adoption under tribal law or custom, to the same
9extent that the state gives full faith and credit to the public acts, records, and judicial
10proceedings of any other governmental entity.
Note: This Section specifies that a state court must accord full faith and credit to
a tribal court's order for a suspension of parental rights or an adoption under tribal law
or custom.
AB150,6
11Section
6. 48.23 (2g) of the statutes is amended to read:
AB150,8,1712
48.23
(2g) Right of Indian child's parent or Indian custodian to counsel. 13Whenever an Indian child is the subject of a proceeding involving the removal of the
14Indian child from the home of his or her parent or Indian custodian, placement of the
15Indian child in an out-of-home care placement, or termination
or suspension of
16parental rights to the Indian child, the Indian child's parent or Indian custodian
17shall have the right to be represented by counsel as provided in subs. (2) and (4).
Note: This Section specifies that the State Public Defender may provide
representation for an Indian child's parent or Indian custodian in a proceeding for a
suspension of parental rights to the child.
AB150,7
18Section
7. 48.255 (1) (c) of the statutes is amended to read:
AB150,9,219
48.255
(1) (c) Whether the child is in custody, and, if so, the place where the
20child is being held and the time he or she was taken into custody unless there is
1reasonable cause to believe that such disclosure
would result in imminent danger to
2the child or physical custodian is not in the best interests of the child.
Note: This Section amends the standard for when the location of a child may not
be disclosed in a CHIPS petition. It changes the standard from "imminent danger to the
child or physical custodian" to "best interests of the child."
AB150,8
3Section
8
. 48.33 (5) of the statutes is renumbered 48.33 (5) (a) and amended
4to read:
AB150,9,135
48.33
(5) (a)
If Except as provided in par. (b), if the report recommends
6placement in a foster home, and the name of the foster parent is not available at the
7time the report is filed, the agency shall provide the court and the child's parent or
8guardian with the name and address of the foster parent within 21 days after the
9dispositional order is entered
, except that the court may order the information
10withheld from the child's parent or guardian if the court finds that disclosure would
11result in imminent danger to the child or to the foster parent. After notifying the
12child's parent or guardian, the court shall hold a hearing prior to ordering the
13information withheld.
AB150,9
14Section
9
. 48.33 (5) (b) of the statutes is created to read:
AB150,9,2015
48.33
(5) (b) If the report recommends that a child be placed outside of his or
16her home, the court may order the name and address of the out-of-home placement
17to be withheld from the child's parent or guardian if the court finds that disclosure
18of the name and address of the placement is not in the best interests of the child.
19After notifying the child's parent or guardian, the court shall hold a hearing prior to
20ordering that the information be withheld.
Note: Sections 8 and 9 allow the juvenile court to order the name and address of
the recommended out-of-home placement to be withheld from the copy of the court report
that is given to the child's parent or guardian if the juvenile court finds that disclosure
is not in the best interests of the child. The juvenile court may not order that this
information be withheld until a hearing is held on the issue, with notice of the hearing
given to the child's parent or guardian.
AB150,10
1Section
10
. 48.355 (2) (b) 2. of the statutes is amended to read:
AB150,10,112
48.355
(2) (b) 2.
If Except as provided in subd. 2g., if the child is placed outside
3the home, the name of the place or facility, including transitional placements, where
4the child will be cared for or treated, except that if the placement is a foster home and
5if the name and address of the foster parent is not available at the time of the order,
6the name and address of the foster parent shall be furnished to the court and the
7parent within 21 days after the order.
If, after a hearing on the issue with due notice
8to the parent or guardian, the judge finds that disclosure of the identity of the foster
9parent would result in imminent danger to the child or the foster parent, the judge
10may order the name and address of the prospective foster parents to be withheld from
11the parent or guardian.
AB150,11
12Section
11
. 48.355 (2) (b) 2g. of the statutes is created to read:
AB150,10,1713
48.355
(2) (b) 2g. If the child is placed outside the home, the court may order
14the name and address of the placement to be withheld from the child's parent or
15guardian if the court finds that disclosure of the name and address of the placement
16is not in the best interests of the child. After notifying the child's parent or guardian,
17the court shall hold a hearing prior to ordering that the information be withheld.
Note: Sections 10 and 11 allow the juvenile court to order the name and address
of the out-of-home placement to be withheld from the copy of the CHIPS dispositional
order that is given to the child's parent or guardian if the juvenile court finds that
disclosure is not in the best interests of the child. The juvenile court may not order that
this information be withheld until a hearing is held on the issue, with notice of the hearing
given to the child's parent or guardian.
AB150,12
18Section
12
. 48.357 (1) (am) 1. of the statutes is amended to read:
AB150,11,1419
48.357
(1) (am) 1.
If Except as provided in subd. 1r., if the proposed change in
20placement involves any change in placement other than a change in placement
21specified in par. (c), the person or agency primarily responsible for implementing the
22dispositional order, the district attorney, or the corporation counsel shall cause
1written notice of the proposed change in placement to be sent to the child, the parent,
2guardian, and legal custodian of the child, any foster parent or other physical
3custodian described in s. 48.62 (2) of the child, the child's court-appointed special
4advocate, and, if the child is an Indian child who has been removed from the home
5of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe.
6If the child is the expectant mother of an unborn child under s. 48.133, written notice
7shall also be sent to the unborn child by the unborn child's guardian ad litem. If the
8change in placement involves an adult expectant mother of an unborn child under
9s. 48.133, written notice shall be sent to the adult expectant mother and the unborn
10child by the unborn child's guardian ad litem. The notice shall contain the name and
11address of the new placement, the reasons for the change in placement, a statement
12describing why the new placement is preferable to the present placement, and a
13statement of how the new placement satisfies objectives of the treatment plan
14ordered by the court.
AB150,13
15Section
13
. 48.357 (1) (am) 1r. of the statutes is created to read:
AB150,12,516
48.357
(1) (am) 1r. If the person or agency primarily responsible for
17implementing the dispositional order, the district attorney, or the corporation
18counsel reasonably believes that withholding the name and address of the new
19placement is in the best interests of the child, the person or agency primarily
20responsible for implementing the dispositional order, the district attorney, or the
21corporation counsel may cause written notice of the proposed change in placement
22under subd. 1. to be sent to the child's parent or guardian without disclosure of the
23name and address of the new placement. The court shall hold a hearing to determine
24whether withholding the name and address of the placement is in the best interests
25of the child with due notice to the child's parent or guardian, and if the child is an
1Indian child, the Indian child's Indian custodian and tribe. If, after a hearing on the
2issue, the court finds that withholding the name and address of the new placement
3is not in the best interests of the child, the court shall order the name and address
4to be disclosed to the parent or guardian, and if the child is an Indian child his or her
5parent or Indian custodian.
Note: Sections 12 and 13 allow the name and address of a proposed change in
out-of-home placement to be withheld from the written notice of the proposed change in
placement that is given to the child's parent or custodian, and if the child is an Indian
child, the Indian child's parent or Indian custodian, if the person or agency primarily
responsible for implementing the dispositional order, the district attorney, or the
corporation counsel reasonably believes that disclosure of this information is not in the
best interests of the child.
If the name and address of the new placement is withheld, the juvenile court must
hold a hearing to determine whether disclosure of the name and address is in the best
interests of the child, after notice is given to the child's parent or custodian, and if the child
is an Indian child, the Indian child's parent or Indian custodian and tribe. The juvenile
court must order disclosure of the name and address of the placement if it finds that
withholding that information is not in the best interests of the child.
AB150,14
6Section
14
. 48.357 (1) (c) 2. of the statutes is amended to read:
AB150,12,147
48.357
(1) (c) 2. The court shall hold a hearing prior to ordering any change in
8placement requested under subd. 1.
Not Except as provided in subd. 2g., not less
9than 3 days prior to the hearing, the court shall provide notice of the hearing,
10together with a copy of the request for the change in placement, to the child, the
11parent, guardian, and legal custodian of the child, the child's court-appointed special
12advocate, all parties that are bound by the dispositional order, and, if the child is an
13Indian child, the Indian child's Indian custodian and tribe. Subject to subd. 2r., if all
14parties consent, the court may proceed immediately with the hearing.
AB150,15
15Section
15
. 48.357 (1) (c) 2g. of the statutes is created to read:
AB150,13,416
48.357
(1) (c) 2g. The court may order the name and address of the requested
17change in placement to be withheld from the child's parent or guardian, and if the
18child is an Indian child, his or her parent or Indian custodian, if the court finds that
1disclosure of the name and address of the placement is not in the best interests of the
2child. After notifying the child's parent or guardian, and if the child is an Indian
3child, the Indian child's parent or Indian custodian, the court shall hold a hearing
4prior to ordering that the information be withheld.
Note: Sections 14 and 15 allow the juvenile court to order that the name and
address of a proposed change in placement from an in-home placement to an
out-of-home placement not be included in the written notice that is given to the child's
parent or custodian, and if the child is an Indian child, the Indian child's parent or Indian
custodian, if the juvenile court finds that disclosure of this information is not in the best
interests of the child. The juvenile court may not order that this information be withheld
until a hearing is held on the issue, with notice of the hearing given to the child's parent
or guardian.
AB150,16
5Section
16
. 48.357 (2m) (b) of the statutes is amended to read:
AB150,14,56
48.357
(2m) (b) The court shall hold a hearing prior to ordering any change in
7placement requested or proposed under par. (a) if the request states that new
8information is available that affects the advisability of the current placement. A
9hearing is not required if the requested or proposed change in placement does not
10involve a change in placement of a child placed in the child's home to a placement
11outside the child's home, written waivers of objection to the proposed change in
12placement are signed by all persons entitled to receive notice under this paragraph,
13other than a court-appointed special advocate, and the court approves. If a hearing
14is scheduled, not less than 3 days before the hearing the court shall notify the child,
15the parent, guardian, and legal custodian of the child, any foster parent or other
16physical custodian described in s. 48.62 (2) of the child, the child's court-appointed
17special advocate, all parties who are bound by the dispositional order, and, if the child
18is an Indian child, the Indian child's Indian custodian and tribe. If the child is the
19expectant mother of an unborn child under s. 48.133, the court shall also notify the
20unborn child by the unborn child's guardian ad litem. If the change in placement
21involves an adult expectant mother of an unborn child under s. 48.133, the court shall
1notify the adult expectant mother, the unborn child by the unborn child's guardian
2ad litem, and all parties who are bound by the dispositional order, at least 3 days prior
3to the hearing.
A Except as provided in par. (bg), a copy of the request or proposal
4for the change in placement shall be attached to the notice. Subject to par. (br), if all
5of the parties consent, the court may proceed immediately with the hearing.
AB150,17
6Section
17
. 48.357 (2m) (bg) of the statutes is created to read:
AB150,14,127
48.357
(2m) (bg) The court may order that the name and address of the new
8placement be withheld from the parent or guardian if the court finds that disclosure
9of the name and address of the new placement is not in the best interests of the child.
10After notifying the child's parent or guardian, and if the child is an Indian child, the
11Indian child's Indian custodian and tribe, the court shall hold a hearing prior to
12ordering that the information be withheld.
Note: Sections 16 and 17 allow the juvenile court to order that the name and
address of a proposed change in placement be withheld from the parent or guardian if a
change in placement is requested by the child, parent, guardian, legal custodian or Indian
custodian of the child, expectant mother, unborn child's guardian ad litem, or any person
or agency primarily bound by the dispositional order, other than the person or agency
responsible for implementing the order. The juvenile court may not order that this
information be withheld until a hearing is held on the issue, with notice of the hearing
given to the child's parent or guardian.
AB150,18
13Section
18. 48.38 (4) (fg) 2. of the statutes is amended to read:
AB150,14,1514
48.38
(4) (fg) 2. Placement of the child for adoption
, including placement for
15adoption under tribal law or custom.
Note: This Section provides that, if a child's permanency plan in Indian child
custody proceeding in state court includes the goal of placement for adoption, that goal
may include placement for adoption under tribal law or custom.
AB150,19
16Section
19. 48.425 (1) (h) of the statutes is created to read:
