Note: Provides that the more relaxed rules of evidence in s. 48.299 (4) (b), stats.,
apply to hearings relating to termination of the guardianship orders created in this bill.
Under the current provisions of s. 48.299 (4) (b), stats., the rules of evidence in s. 48.299
(4) (b), stats., also apply to dispositional hearings involving the guardianship proceedings
created in this bill and to hearings related to revision of dispositional orders appointing
a guardian under the provisions of this bill.
SB501, s. 48
11Section
48. 48.299 (6) of the statutes is renumbered 48.299 (6) (intro.) and
12amended to read:
SB501,49,1613
48.299
(6) (intro.) If a man who has been given notice under s. 48.27 (3) (b) 1.
14appears at any hearing for which he received the notice, alleges that he is the father
15of the child and states that he wishes to establish the paternity of the child,
the all
16of the following apply:
SB501,49,20
17(a) The court shall refer the matter to the state or to the attorney responsible
18for support enforcement under s. 59.458 (1) for a determination, under s. 767.45, of
19whether an action should be brought for the purpose of determining the paternity of
20the child.
SB501,50,7
21(d) The court may stay the proceedings under this chapter pending the outcome
22of the paternity proceedings under ss. 767.45 to 767.60 if the court determines that
1the paternity proceedings will not unduly delay the proceedings under this chapter
2and the determination of paternity is necessary to the court's disposition of the child
3if the child is found to be in need of protection or services.
As part of the proceedings
4under this chapter, the court may order that a record be made of any testimony of the
5child's mother relating to the child's paternity. A record made under this subsection
6is admissible in a proceeding to determine the child's paternity under ss. 767.45 to
7767.60.
SB501, s. 49
8Section
49
. 48.299 (6) (b), (c) and (e) of the statutes are created to read:
SB501,50,119
48.299
(6) (b) The state or the attorney responsible for support enforcement
10who receives a referral under par. (a) shall perform the duties specified under s.
11767.45 (5) (c) and (6r).
SB501,50,1512
(c) The court having jurisdiction over actions affecting the family shall give
13priority under 767.475 (7m) to an action brought under s. 767.45 whenever the
14petition filed under s. 767.45 indicates that the matter was referred by the court
15under par. (a).
SB501,50,1916
(e) 1. In this paragraph, "genetic test" means a test that examines genetic
17markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of
18another body material for the purpose of determining the statistical probability that
19a man who is alleged to be a child's father is the child's biological father.
SB501,50,2220
2. The court shall, at the hearing, orally inform any man specified in sub. (6)
21(intro.) that he may be required to pay for any testing ordered by the court under this
22paragraph or under s. 885.23.
SB501,51,9
233. In addition to ordering testing as provided under s. 885.23, if the court
24determines that it would be in the best interests of the child, the court may order any
25man specified in sub. (6) (intro.) to submit to one or more genetic tests which shall
1be performed by an expert qualified as an examiner of genetic markers present on
2the cells and of the specific body material to be used for the tests, as appointed by the
3court. A report completed and certified by the court-appointed expert stating genetic
4test results and the statistical probability that the man alleged to be the child's father
5is the child's biological father based upon the genetic tests is admissible as evidence
6without expert testimony and may be entered into the record at any hearing. The
7court, upon request by a party, may order that independent tests be performed by
8other experts qualified as examiners of genetic markers present on the cells of the
9specific body materials to be used for the tests.
SB501,51,14
104. If the genetic tests show that an alleged father is not excluded and that the
11statistical probability that the alleged father is the child's biological father is 99.0%
12or higher, the court may determine that for purposes of a proceeding under this
13chapter, other than a proceeding under subch. VIII, the man is the child's biological
14parent.
SB501,51,16
155. A determination by the court under subd. 4. is not a judgment of paternity
16under ch. 767 or an adjudication of paternity under subch. VIII.
Note: In cases in which a man who has been given notice of a hearing in a CHIPS
proceeding appears at a hearing for which he received notice, alleges that he is the father
of the child and states that he wishes to have the paternity of the child established,
current law requires the juvenile court to refer the matter to the state or the IV-D
attorney to determine if a paternity action should be brought in family court under ch.
767, stats., to determine the paternity of the child. Current law also provides that if the
juvenile court determines that the paternity proceedings will not unduly delay the
CHIPS proceedings and that determination of paternity is necessary to the CHIPS
disposition if the child is adjudicated CHIPS, the juvenile court may stay the CHIPS
proceedings pending the outcome of the paternity proceedings under ch. 767, stats.
Current s. 885.23, stats., provides that, whenever it is relevant in a civil action to
determine the parentage or identity of any child, person or corpse, the court may order
"any party to the action and any person involved in the controversy to submit to one or
more blood tests as provided in s. 767.48".
This Section does all of the following:
1. Provides that if a matter is referred by the juvenile court under the required
referral provision, then the IV-D attorney receiving the referral must: (a) give priority
to such cases; (b) notify the family court when a petition is filed that the case was referred
by the juvenile court under the required referral provision; and (c) as soon as possible, but
no later than 30 days after the referral, provide information to the juvenile court as
required in s. 767.45 (5) (c), stats., as created by this bill.
2. Requires the family court to give such cases priority.
3. Provides that, in addition to a court's authority under s. 885.23, stats., to order
blood tests of certain individuals, in cases in which a man appears at a CHIPS hearing
for which he received notice, alleges that he is the father of the child and states that he
wishes to establish the paternity of the child, the juvenile court must orally inform the
man at the hearing that he may be required to pay for any genetic testing ordered by the
court; and if it would be in the best interests of the child to do so, the juvenile court may:
(a) order the man to submit to genetic testing to determine the probability that the man
is the child's biological father; and (b) if the genetic testing shows that the statistical
probability is 99.0% or higher that the man is the child's biological father, determine that
for purposes of a proceeding under ch. 48, stats., other than a proceeding under subch.
VIII [termination of parental rights], the man is the child's biological parent.
4. Provides that such a determination by the juvenile court is not a judgment of
paternity under ch. 767, stats., or an adjudication of paternity under subch. VIII of the
children's code.
SB501, s. 50
1Section
50. 48.299 (7) of the statutes is created to read:
SB501,52,82
48.299
(7) If a man who has been given notice under s. 48.27 (3) (b) 1. appears
3at any hearing for which he received the notice but does not allege that he is the
4father of the child and state that he wishes to establish the paternity of the child or
5if no man to whom such notice was given appears at a hearing, the court may refer
6the matter to the state or to the attorney responsible for support enforcement under
7s. 59.458 (1) for a determination, under s. 767.45, of whether an action should be
8brought for the purpose of determining the paternity of the child.
Note: Provides that if a notice of a hearing in a CHIPS proceeding was given to
an alleged father who does not appear at the hearing or, if an alleged father appears but
does not allege that he is the father of the child and state that he wishes to have paternity
established, the juvenile court may refer the matter to the state or to the IV-D attorney
who may then bring a paternity action.
SB501, s. 51
9Section
51
. 48.299 (8) of the statutes is created to read:
SB501,52,1310
48.299
(8) As part of the proceedings under this chapter, the court may order
11that a record be made of any testimony of the child's mother relating to the child's
12paternity. A record made under this subsection is admissible in a proceeding to
13determine the child's paternity under ss. 767.45 to 767.60.
Note: Moves this provision which is included in current s. 48.299 (6), stats., to s.
48.299 (8), stats., as created by this bill.
SB501,53,203
48.31
(2) The hearing shall be to the court unless the child, parent, guardian
4or legal custodian exercises the right to a jury trial by demanding a jury trial at any
5time before or during the plea hearing.
If a jury trial is demanded in a proceeding
6under s. 48.13, the jury shall consist of 6 persons. If a jury trial is demanded in a
7proceeding under s. 48.42, the jury shall consist of 12 persons unless the parties
8agree to a lesser number. Chapters 756 and 805 shall govern the selection of jurors.
9If the hearing involves a child victim or witness, as defined in s. 950.02, the court may
10order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to
11(10) and, with the district attorney, shall comply with s. 971.105. At the conclusion
12of the hearing, the court or jury shall make a determination of the facts
, except that
13in a case alleging a child to be in need of protection or services under s. 48.13, the
14court shall make the determination under s. 48.13 (intro.) relating to whether the
15child is in need of protection or services which can be ordered by the court. If the court
16finds that the child is not within the jurisdiction of the court or
, in a case alleging a
17child to be in need of protection or services under s. 48.13, that the child is not in need
18of protection or services which can be ordered by the court or if the court or jury finds
19that the facts alleged in the petition have not been proved, the court shall dismiss
20the petition with prejudice.
Note: Under current law, a child who is the subject of a CHIPS petition or the
child's parent, guardian or legal custodian may demand a jury trial to determine whether
the allegations of the CHIPS petition are proved. This bill provides that the juvenile
court, not the jury, determines whether the child needs protection or services which the
juvenile court can order, leaving to the jury the task of determining whether one of the
underlying grounds for jurisdiction specified in s. 48.13, such as abandonment, abuse or
neglect, has been proved.
This Section also provides that if a jury trial is demanded in a CHIPS proceeding
the jury shall consist of 6 persons and that if a jury trial is demanded in a TPR proceeding
the jury shall consist of 12 persons unless the parties agree to a lesser number.
SB501,54,203
48.31
(4) The court or jury shall make findings of fact and the court shall make
4conclusions of law relating to the allegations of a petition filed under s. 48.13
or 48.42,
5except that the court shall make findings of fact relating to whether the child is in
6need of protection or services which can be ordered by the court. In cases alleging
7a child to be in need of protection or services under s. 48.13 (11), the court shall not
8find that the child is suffering
serious emotional damage unless a licensed physician
9specializing in psychiatry or a licensed psychologist appointed by the court to
10examine the child has testified at the hearing that in his or her opinion the condition
11exists, and adequate opportunity for the cross-examination of the physician or
12psychologist has been afforded. The judge may use the written reports if the right
13to have testimony presented is voluntarily, knowingly and intelligently waived by
14the guardian ad litem or legal counsel for the child and the parent or guardian. In
15cases alleging a child to be in need of protection
and
or services under s. 48.13 (11m),
16the court shall not find that the child is in need of treatment and education for needs
17and problems related to the use or abuse of alcohol beverages or controlled
18substances and its medical, personal, family or social effects unless an assessment
19for alcohol and other drug abuse that conforms to the criteria specified under s.
2048.547 (4) has been conducted by an approved treatment facility.
Note: Deletes the word "serious" before "emotional damage" in s. 48.31 (4), stats.,
because s. 48.02 (5j), stats., as created by this bill, defines "emotional damage" for
purposes of ch. 48, stats., and requires substantiality of symptoms.
The bill also provides that the juvenile court, not the jury, determines whether the
child needs protection or services which the juvenile court can order, leaving to the jury
the task of determining whether one of the underlying grounds for jurisdiction specified
in s. 48.13, such as abandonment, abuse or neglect, has been proved.
SB501, s. 54
21Section
54. 48.356 (1) and (2) of the statutes are amended to read:
SB501,55,7
148.356
(1) Whenever the court orders a child to be placed outside his or her
2home
or denies a parent visitation because the child has been adjudged to be in need
3of protection or services under s. 48.345, 48.357, 48.363 or 48.365, the court shall
4orally inform the parent or parents who appear in court of any grounds for
5termination of parental rights under s. 48.415 which may be applicable and of the
6conditions necessary for the child to be returned to the home
or for the parent to be
7granted visitation.
SB501,55,10
8(2) In addition to the notice required under sub. (1), any written order which
9places a child outside the home
or denies visitation under sub. (1) shall notify the
10parent or parents of the information specified under sub. (1).
Note: Expands the duties of a court assigned to exercise jurisdiction under the
children's code (juvenile court) to provide that when a juvenile court denies visitation
under an order under s. 48.345, stats., (CHIPS dispositional order), 48.357, stats.,
(change in placement order), 48.363, stats., (revision of dispositional order) or 48.365,
stats., (extension of dispositional order), the juvenile court must orally inform the parent
or parents who appear in court and include in any written order denying visitation
notification of the following: (1) any grounds for involuntary TPR that may be applicable;
and (2) the conditions necessary for the parent to be granted visitation.
SB501, s. 55
11Section
55. 48.357 (1) and (2m) of the statutes are amended to read:
SB501,56,1612
48.357
(1) The person or agency primarily responsible for implementing the
13dispositional order may request a change in the placement of the child, whether or
14not the change requested is authorized in the dispositional order and shall cause
15written notice to be sent to the child or the child's counsel or guardian ad litem,
16parent, foster parent,
treatment foster parent or other physical custodian described
17in s. 48.62 (2), guardian and legal custodian. The notice shall contain the name and
18address of the new placement, the reasons for the change in placement, a statement
19describing why the new placement is preferable to the present placement and a
20statement of how the new placement satisfies objectives of the treatment plan
21ordered by the court. Any person receiving the notice under this subsection or notice
1of the specific foster or treatment foster placement under s. 48.355 (2) (b) 2. may
2obtain a hearing on the matter by filing an objection with the court within 10 days
3of receipt of the notice. Placements shall not be changed until 10 days after such
4notice is sent to the court unless the parent, guardian or legal custodian and the
5child, if 12 or more years of age, sign written waivers of objection, except that
6placement changes which were authorized in the dispositional order may be made
7immediately if notice is given as required in this subsection. In addition, a hearing
8is not required for placement changes authorized in the dispositional order except
9where an objection filed by a person who received notice alleges that new information
10is available which affects the advisability of the court's dispositional order. If a
11hearing is held under this subsection and the change in placement would remove a
12child from a foster home,
treatment foster home or other placement with a physical
13custodian described in s. 48.62 (2), the court shall permit the foster parent
may,
14treatment foster parent or other physical custodian described in s. 48.62 (2) to make
15a written or oral statement during the hearing or to submit a written statement prior
16to the hearing
, relating to the child and the requested change in placement.
SB501,57,15
17(2m) The child,
the parent, guardian
, or legal custodian
of the child or any
18person or agency primarily bound by the dispositional order, other than the person
19or agency responsible for implementing the order, may request a change in
20placement under this subsection. The request shall contain the name and address
21of the place of the new placement requested and shall state what new information
22is available which affects the advisability of the current placement. This request
23shall be submitted to the court. In addition, the court may propose a change in
24placement on its own motion. The court shall hold a hearing on the matter prior to
25ordering any change in placement under this subsection if the request states that
1new information is available which affects the advisability of the current placement,
2unless written waivers of objection to the proposed change in placement are signed
3by all parties entitled to receive notice under sub. (1) and the court approves. If a
4hearing is scheduled, the court shall notify the child,
the parent,
foster parent, 5guardian
, and legal custodian
of the child, any foster parent, treatment foster parent
6or other physical custodian described in s. 48.62 (2) of the child and all parties who
7are bound by the dispositional order at least 3 days prior to the hearing. A copy of
8the request or proposal for the change in placement shall be attached to the notice.
9If all the parties consent, the court may proceed immediately with the hearing. If a
10hearing is held under this subsection and the change in placement would remove a
11child from a foster home,
treatment foster home or other placement with a physical
12custodian described in s. 48.62 (2), the court shall permit the foster parent
may,
13treatment foster parent or other physical custodian described in s. 48.62 (2) to make
14a written or oral statement during the hearing or to submit a written statement prior
15to the hearing
, relating to the child and the requested change in placement.
Note: Revises s. 48.357 (1) and (2m), stats., to:
1. Require notification of treatment foster parents or certain other physical
custodians of a child when certain parties request a change in placement of the child.
Current law requires notice only to a foster parent and not to a treatment foster parent
or other physical custodian.
2. Permit a foster parent, treatment foster parent or certain other physical
custodian to make a written or oral statement during the change in placement hearing.
Current law refers only to "foster parents" and only permits them to submit a written
statement prior to the hearing. This written statement alternative is retained under this
bill. The new provision permitting foster parents, treatment foster parents or certain
other physical custodians to make written or oral statements at hearings is not intended
in any way to affect or eliminate the right to cross-examine those persons who appear as
witnesses at a hearing.
SB501, s. 56
16Section
56. 48.361 (2) (a) 1. of the statutes is amended to read:
SB501,58,917
48.361
(2) (a) 1. If a child's parent
neglects, refuses or is unable to provide
or
18refuses to provide court-ordered alcohol and other drug abuse services for the child
1through his or her health insurance or other 3rd-party payments, notwithstanding
2s. 48.36 (3)
, the judge may order the parent to pay for the court-ordered alcohol and
3drug abuse services. If the parent consents to provide court-ordered alcohol and
4other drug abuse services for a child through his or her health insurance or other
53rd-party payments but the health insurance provider or other 3rd-party payer
6refuses to provide the court-ordered alcohol and other drug abuse services the court
7may order the health insurance provider or 3rd-party payer to pay for the
8court-ordered alcohol and other drug abuse services in accordance with the terms
9of the parent's health insurance policy or other 3rd-party payment plan.
Note: Provides that, with respect to court-ordered alcohol and other drug abuse
services for a child, a judge may order the parent to pay for such services if the child's
parent neglects, refuses or is unable to provide such services through his or her health
insurance or other 3rd-party payments rather than if the child's parent
refuses or is
unable to do so.
SB501, s. 57
10Section
57. 48.362 (3) of the statutes is amended to read:
SB501,58,2111
48.362
(3) If a child's parent
neglects, refuses or is unable to provide
or refuses
12to provide court-ordered special treatment or care for the child through his or her
13health insurance or other 3rd-party payments, notwithstanding s. 48.36 (3), the
14judge may order the parent to pay for the court-ordered special treatment or care.
15If the parent consents to provide court-ordered special treatment or care for a child
16through his or her health insurance or other 3rd-party payments but the health
17insurance provider or other 3rd-party payer refuses to provide the court-ordered
18special treatment or care, the judge may order the health insurance provider or
193rd-party payer to pay for the court-ordered special treatment or care in accordance
20with the terms of the parent's health insurance policy or other 3rd-party payment
21plan.
Note: Provides that, with respect to court-ordered special treatment or care for
a child, a judge may order the parent to pay for such services if the child's parent neglects,
refuses or is unable to provide such services through his or her health insurance or other
3rd-party payments rather than if the child's parent refuses or is unable to do so.
SB501, s. 58
1Section
58. 48.363 (1) of the statutes is amended to read:
SB501,60,62
48.363
(1) A child, the child's parent, guardian or legal custodian, any person
3or agency bound by a dispositional order or the district attorney or corporation
4counsel in the county in which the dispositional order was entered may request a
5revision in the order that does not involve a change in placement, including a revision
6with respect to the amount of child support to be paid by a parent, or the court may
7on its own motion propose such a revision. The request or court proposal shall set
8forth in detail the nature of the proposed revision and what new information is
9available that affects the advisability of the court's disposition. The request or court
10proposal shall be submitted to the court. The court shall hold a hearing on the matter
11if the request or court proposal indicates that new information is available which
12affects the advisability of the court's dispositional order and prior to any revision of
13the dispositional order, unless written waivers of objections to the revision are signed
14by all parties entitled to receive notice and the court approves. If a hearing is held,
15the court shall notify the
parent, child,
the child's parent, guardian and legal
16custodian, all parties bound by the dispositional order
, the child's foster parent,
17treatment foster parent or other physical custodian described in s. 48.62 (2), and the
18district attorney or corporation counsel in the county in which the dispositional order
19was entered at least 3 days prior to the hearing. A copy of the request or proposal
20shall be attached to the notice. If the proposed revision is for a change in the amount
21of child support to be paid by a parent, the court shall order the child's parent to
22provide a statement of income, assets, debts and living expenses to the court and the
23person or agency primarily responsible for implementing the dispositional order by
1a date specified by the court. The clerk of court shall provide, without charge, to any
2parent ordered to provide a statement of income, assets, debts and living expenses
3a document setting forth the percentage standard established by the department
4under s. 46.25 (9) and listing the factors that a court may consider under s. 46.10 (14)
5(c). If all parties consent, the court may proceed immediately with the hearing. No
6revision may extend the effective period of the original order.
Note: Revises s. 48.363 (1), stats., relating to revision of a child's dispositional
order that does not involve a change in placement, to require the juvenile court, if a
hearing on the revision is held, to notify the child's foster parent, treatment foster parent
or other physical custodian described in s. 48.62 (2), stats., at least 3 days prior to the
revision hearing. Current law requires only the child's parent, the child, the child's
guardian, the child's legal custodian, all parties bound by the dispositional order and the
district attorney or corporation counsel in the county in which the dispositional order was
entered to be so notified.
SB501, s. 59
7Section
59. 48.365 (2) of the statutes is amended to read:
SB501,60,138
48.365
(2) No order may be extended without a hearing. The court shall notify
9the child or the child's guardian ad litem or counsel, the child's parent, guardian,
10legal custodian, all the parties present at the original hearing
, the child's foster
11parent, treatment foster parent or other physical custodian described in s. 48.62 (2), 12and the district attorney or corporation counsel in the county in which the
13dispositional order was entered of the time and place of the hearing.
Note: Revises s. 48.365 (2), stats., relating to extension of dispositional orders, to
require the juvenile court to notify the child's foster parent, treatment foster parent or
other physical custodian described in s. 48.62 (2), stats., of the time and place of the
hearing. Under current law (which requires a hearing before an extension may be
ordered), the juvenile court is required to provide notice of an extension hearing to the
child or the child's guardian ad litem or counsel, the child's parent, guardian and legal
custodian, all parties present at the original dispositional hearing and the district
attorney and corporation counsel in the county in which the dispositional order was
entered.
SB501, s. 60
14Section
60. 48.365 (2m) (ag) of the statutes is created to read:
SB501,61,315
48.365
(2m) (ag) In addition to any evidence presented under par. (a), the court
16shall permit a foster parent, treatment foster parent or other physical custodian
1described in s. 48.62 (2) of the child to make a written or oral statement during the
2hearing, or to submit a written statement prior to the hearing, relevant to the issue
3of extension.
Note: Creates s. 48.365 (2m) (ag), stats., to permit a foster parent, treatment foster
parent or other physical custodian described in s. 48.62 (2), stats., to make a written or
oral statement during an extension hearing, or to submit a written statement prior to an
extension hearing, relevant to the issue of extension of a dispositional order.
SB501, s. 61
4Section
61. 48.368 of the statutes is renumbered 48.368 (1).
SB501, s. 62
5Section
62. 48.368 (2) of the statutes is created to read:
SB501,61,116
48.368
(2) If a child's placement with a guardian appointed under s. 48.977 (2)
7is designated by the court under s. 48.977 (3) as a permanent foster home or
8treatment foster home placement for the child while a dispositional order under s.
948.345, a revision order under s. 48.363 or an extension order under s. 48.365 is in
10effect with respect to the child, such dispositional order, revision order or extension
11order shall remain in effect until the earliest of the following occurs:
SB501,61,1212
(a) The guardianship terminates under s. 48.977 (7).
SB501,61,1313
(b) A court enters a change in placement order under s. 48.357.
SB501,61,15
14(c) A court order terminates such dispositional order, revision order or
15extension order.
SB501,61,1616
(d) The child attains the age of 18 years.
Note: Current s. 48.355 (4) (a), stats., provides that, except as provided in s.
48.368, stats., CHIPS dispositional orders, revision orders and extension orders
terminate at the end of one year unless the juvenile court specifies a shorter period of
time. This bill adds an exception to s. 48.368, stats., specifying that if a child's placement
with a guardian appointed under s. 48.977 (2), stats., as created by this bill, is designated
by the juvenile court as a permanent foster home or treatment foster home placement for
a child while a dispositional order under s. 48.345, stats., a revision order under s. 48.363,
stats., or an extension order under s. 48.365, stats., is in effect with respect to the child,
that dispositional order, revision order or extension order shall remain in effect until the
earliest of the following occurs: (1) the guardianship terminates under s. 48.977 (7),
stats., as created by this bill; (2) a juvenile court enters a change in placement order under
s. 48.357, stats.; (3) a juvenile court order terminates that dispositional order, revision
order or extension order; or (4) the child attains the age of 18 years.
Federal regulations regarding provisions required in a state plan in order for the
state to be eligible for federal IV-E funding for foster care payments provide an exception
to the requirement of periodic hearings if a child is placed in a court-sanctioned
permanent foster family home placement with a specific care giver
[
45 CFR 1356.21 (e)
(intro.) and (1)].
SB501, s. 63
1Section
63. 48.371 (intro.) (except 48.371 (title)) of the statutes is repealed.
SB501, s. 64
2Section
64. 48.371 (1) and (2) of the statutes are renumbered 48.371 (1) (a) and
3(b) and amended to read:
SB501,62,124
48.371
(1) (a) Results of a test or a series of tests of the child to determine the
5presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of
6HIV, or an antibody to HIV,
if the child's parent or a temporary or permanent
7guardian appointed by the court has consented to the test under s. 252.15 (2) (a) 4.
8b. and release of the test results as provided under s. 252.15 (5) (a) 19.
and, including
9results included in a court report or permanency plan. At the time that the test
10results are provided, the agency
directed to prepare the permanency plan notifies 11shall notify the foster parent
, treatment foster parent or operator of the group home
12or child caring institution of the confidentiality requirements under s. 252.15 (6).
SB501,62,1713
(b) Results of any tests of the child to determine the presence of viral hepatitis,
14type B
, including results included in a court report or permanency plan. The foster
15parent
, treatment foster parent or operator of a group home or child caring
16institution receiving information under this
subsection paragraph shall keep the
17information confidential.
SB501, s. 65
18Section
65. 48.371 (1) (intro.) of the statutes is created to read:
SB501,63,419
48.371
(1) (intro.) If a child is placed in a foster home, treatment foster home,
20group home or child caring institution, including a placement under s. 48.205 or
2148.21, the agency, as defined in s. 48.38 (1) (a), that placed the child or arranged for
22the placement of the child shall provide the following information to the foster
1parent, treatment foster parent or operator of the group home or child caring
2institution at the time of placement or, if the information has not been provided to
3the agency by that time, as soon as possible after the date on which the agency
4receives that information, but not more than 2 working days after that date:
SB501, s. 66
5Section
66. 48.371 (3) of the statutes is amended to read:
SB501,63,206
48.371
(3) Findings At the time of placement of a child in a foster home,
7treatment foster home, group home or child caring institution or, if the information
8is not available at that time, as soon as possible after the date on which the court
9report or permanency plan has been submitted, but no later than 7 days after that
10date, the agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's
11permanency plan shall provide to the foster parent, treatment foster parent or
12operator of the group home or child caring institution information contained in the
13court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2) or 48.837
14(4) (c) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5)
15(c), 48.63 (4) or 48.831 (4) (e) relating to findings or opinions of the court or agency
16that prepared the court report or permanency plan relating to any mental,
17emotional, cognitive, developmental or behavioral disability of the child. The foster
18parent
, treatment foster parent or operator of a group home or child caring
19institution receiving information under this subsection shall keep the information
20confidential.
Note: Amends current law as follows:
1. By additionally providing for disclosure of the information required to be
disclosed under s. 48.371, stats., regarding children placed in a treatment foster home.
2. By additionally providing for disclosure of the information required to be
disclosed under s. 48.371, stats., regarding children placed in substitute care under other
circumstances under ch. 48, stats., such as children placed in substitute care under a
voluntary agreement under s. 48.63, stats., children in an adoptive placement in a foster
home or treatment foster home, children placed in substitute care pending a termination
of parental rights dispositional hearing or children held in physical custody under s.
48.205, stats., or continued in physical custody under s. 48.21, stats., rather than
restricting disclosure to cases in which children have been placed in substitute care by
a CHIPS dispositional order or a change in placement order.
3. By providing for disclosure of HIV test results to the foster parent, treatment
foster parent or operator of the group home or CCI without the consent of the child or the
child's parent or guardian.
4. By requiring the agency that placed the child or arranged for the placement of
the child with the substitute care provider to provide HIV and hepatitis B test results to
the substitute care provider rather than requiring the agency that prepared the child's
court report or permanency plan to do so.
5. By requiring that, at the time the agency provides the HIV test results to the
foster parent, treatment foster parent or operator of the group home or CCI, the agency
notify the substitute care provider about the confidentiality requirements under s. 252.15
(6), stats.
6. With respect to the disclosure of HIV and hepatitis B test results, by requiring
disclosure not at the time a child is placed in substitute care, or within 30 days after the
date of the placement if the information was not available at the time of placement, but
rather at the time of placement and, if information is subsequently received, as soon as
possible, but not later than 2 working days after the agency receives such information.
7. With respect to the disclosure of information in the court report or permanency
plan relating to findings or opinions of the court or agency that prepared the court report
or permanency plan relating to the mental, emotional, cognitive, developmental or
behavioral disability of the child, by requiring disclosure not at the time a child is placed
in such substitute care, or within 30 days after the date of the placement if the
information was not available at the time of placement, but rather
at the time of
placement or, if the information is not available at that time,
as soon as possible after the
court report or permanency plan has been submitted, but not later than 7 days after such
date.
SB501, s. 67
1Section
67. 48.375 (4) (b) 3. of the statutes is amended to read:
SB501,65,22
48.375
(4) (b) 3. The minor provides the person who intends to perform or
3induce the abortion with a written statement, signed and dated by the minor, that
4a parent who has legal custody of the minor, or the minor's guardian or legal
5custodian, if one has been appointed, or an adult family member of the minor, or a
6foster parent or treatment foster parent, if the minor has been placed in a foster home
7or treatment foster home and the minor's parent has signed a waiver granting the
8department, a county department, the foster parent or the treatment foster parent
9the authority to consent to medical services or treatment on behalf of the minor, has
10abused, as defined in s. 48.981 (1) (a), inflicted abuse on the minor. The person who
11intends to perform or induce the abortion shall place the statement in the minor's
1medical record. The person who intends to perform or induce the abortion shall
2report the abuse as required under s. 48.981 (2).
Note: Reflects the creation of a definition of "abuse" in the general definitions
section of ch. 48, stats., (s. 48.02 (1), stats., as created by this bill).
SB501, s. 68
3Section
68. 48.38 (5) (c) 2. of the statutes is amended to read:
SB501,65,64
48.38
(5) (c) 2. The extent of compliance with the permanency plan by the
5agency and any other service providers, the child's parents
and, the child
and the
6child's guardian, if any.
Note: Currently, in a 6-month permanency plan review, the juvenile court (or
juvenile court-appointed panel if the juvenile court elects not to review the plan) must,
in addition to other listed determinations, make a determination relating to the extent
of compliance with the permanency plan by the child's parents and the child. This
Section requires that there also be a determination of the extent of compliance with the
plan by the child's guardian, if any.
