LRB-1064/3
GMM:kjf:pg
2007 - 2008 LEGISLATURE
December 10, 2007 - Introduced by Law Revision Committee. Referred to
Committee on Judiciary, Corrections, and Housing.
SB350,3,4
1An Act to repeal 48.982 (1) (c) and 48.983 (1) (g);
to renumber 48.981 (1) (d),
249.137 (1) (a) and 101.123 (1) (a);
to renumber and amend 49.136 (1) (d),
349.136 (1) (e), 49.137 (1) (b) and 49.137 (1) (d); and
to amend 13.48 (2) (j), 13.83
4(4) (a) 4., 16.85 (1), 20.437 (2) (jm), 36.25 (26), 48.195 (2) (a), 48.195 (2) (b),
548.195 (2) (c), 48.32 (1) (b) 1. c., 48.33 (4) (c), 48.335 (3g) (c), 48.345 (2m), 48.355
6(2) (b) 6., 48.355 (2c) (a) 3. c., 48.356 (1), 48.365 (2g) (b) 2., 48.365 (2m) (a) 1.,
748.38 (5) (c) 7., 48.47 (7) (cm), 48.48 (10), subchapter XV (title) of chapter 48
8[precedes 48.65], 48.65 (title), 48.65 (1), 48.65 (3) (a), 48.65 (3) (b), 48.651 (title),
948.651 (1) (intro.), 48.651 (1) (a), 48.651 (1) (b), 48.653, 48.655, 48.656, 48.657
10(title), 48.657 (1) (intro.), 48.657 (1) (a), 48.657 (1) (b), 48.657 (1) (c), 48.657 (2),
1148.657 (2g), 48.657 (2r), 48.657 (3), subchapter XVI (title) of chapter 48
12[precedes 48.66], 48.66 (1) (a), 48.66 (2), 48.66 (2m) (a) 1., 48.66 (2m) (b), 48.66
13(5), 48.67, 48.685 (1) (b), 48.685 (2) (am) (intro.), 48.685 (2) (b) 4., 48.685 (3) (a),
1448.685 (3) (b), 48.685 (4m) (a) (intro.), 48.685 (4m) (a) 1., 48.685 (4m) (ad),
148.685 (4m) (b) 1., 48.685 (5m), 48.685 (6) (a), 48.685 (6) (b) 1., 48.69, 48.715 (1),
248.715 (2) (a), 48.715 (4) (c), 48.715 (6), 48.715 (7), 48.73, 48.735, 48.737, 48.78
3(1), 48.78 (2) (a), 48.981 (2) (a) 18., 48.981 (2) (a) 19., 49.136 (1) (j), 49.136 (1)
4(k), 49.136 (2) (b), 49.137 (1) (e), 49.155 (1) (am), 49.155 (1) (b), 49.155 (1d) (a),
549.155 (1d) (b), 49.155 (1g) (a) 2., 49.155 (4), 49.155 (6) (b), 49.155 (6) (c), 49.155
6(6) (cm), 66.1017 (title), 66.1017 (1) (a), 66.1017 (2), 71.07 (2dd) (a) 1., 71.28
7(1dd) (a) 1., 71.47 (1dd) (a) 1., 73.0301 (1) (d) 2., 77.54 (20) (c) 4., 101.123 (1) (ad),
8101.123 (2) (bm), 101.123 (4) (a) 2., 115.812 (1), 115.817 (8), 118.51 (2), 120.125
9(title), 120.125 (1), 120.125 (2) (a) (intro.), 120.125 (2) (a) 3., 120.125 (2) (a) 4.,
10120.125 (2) (b), 120.125 (2) (c), 120.125 (3) (a) (intro.), 120.125 (3) (a) 1., 120.125
11(3) (a) 2., 120.125 (3) (a) 3., 120.125 (3) (b), 120.125 (4) (intro.), 120.125 (4) (a),
12120.125 (4) (b), 120.125 (4) (c), 120.125 (4) (d), 120.125 (4) (e), 120.125 (4) (f),
13120.125 (4) (g), 120.125 (4) (h), 120.13 (14), 120.13 (36), 121.54 (2) (am), 121.545
14(2), 234.83 (3) (a) 2., 252.04 (2), 252.04 (3), 252.04 (4), 252.04 (5) (a), 252.04 (5)
15(b) 1., 252.04 (5) (b) 2., 252.04 (5) (b) 3., 252.04 (6), 252.21 (1), 253.15 (2), 253.15
16(4), 254.162 (1) (c), 254.168 (4), 254.168 (5), 285.63 (10) (d) 5., 301.12 (14) (a),
17301.46 (4) (a) 2., 562.06 (3), 767.511 (1m) (e), 905.04 (4) (e) 1. b., 938.32 (1) (c)
181. c., 938.33 (4) (c), 938.335 (3g) (c), 938.34 (2) (b), 938.355 (2) (b) 6., 938.355 (2c)
19(a) 3. c., 938.356 (1), 938.365 (2g) (b) 2., 938.365 (2m) (a) 1., 938.38 (5) (c) 7.,
20948.53 (1) (a), 980.01 (1j) and 980.02 (1) (b) 3. of the statutes;
relating to:
21required judicial findings and orders when a child is placed outside the home,
22termination of parental rights warnings, mandatory child abuse or neglect
23reporters, the confidentiality of social services records, changing from child
24caring institution to residential care center for children and youth the term
25used to describe a facility operated by a licensed child welfare agency for the
1care and maintenance of children residing in that facility, changing from day
2care to child care the term used to describe care and supervision for children for
3less than 24 hours a day, and renumbering the definition of neglect (suggested
4as remedial legislation by the Department of Health and Family Services).
Analysis by the Legislative Reference Bureau
Introduction
This bill makes various changes to the Children's Code and the Juvenile Justice
Code, including changes relating to required judicial findings and orders when a
child is placed outside the home, termination of parental rights (TPR) warnings,
mandatory child abuse or neglect reporters, the confidentiality of social services
records, changing from "child caring institution" to "residential care center for
children and youth" the term used to describe a facility operated by a licensed child
welfare agency for the care and maintenance of children residing in that facility,
changing from "day care" to "child care" the term used to describe care and
supervision for children for less than 24 hours a day, and renumbering from the
section of the Children's Code relating to child abuse and neglect reporting to the
definitions section of that code the definition of "neglect."
Required judicial findings and orders when child placed outside the home
Under current law, a court assigned to exercise jurisdiction under the
Children's Code and the Juvenile Justice Code (juvenile court) is required to include
in a dispositional order placing a child outside the home, in an extension of a
dispositional order continuing the placement of a child outside the home, and in a
consent decree maintaining a child in a placement outside the home findings that
continued placement of the child in the home would be contrary to the welfare of the
child, that reasonable efforts have been made to prevent the removal of the child from
the home, and that reasonable efforts have been made to achieve the goal of the
child's permanency plan, which is a plan designed to ensure that the child is
reunified with his or her family whenever appropriate or that the child quickly
attains a placement providing long-term stability.
The juvenile court, however, is not required to make a finding that reasonable
efforts have been made to achieve the goal of the child's permanency plan if return
of the child to the home is the goal of the permanency plan and the juvenile court has
found that a parent has committed certain crimes of homicide against a child of the
parent; has committed battery, sexual assault, or physical or sexual abuse resulting
in great bodily harm or substantial bodily harm to a child of the parent; has had his
or her parental rights terminated with respect to another child; or has subjected the
child to aggravated circumstances, which are defined as including criminal
abandonment, torture, chronic abuse, and sexual abuse. This bill eliminates that
exception to the requirement that the juvenile court make a finding that reasonable
efforts have been made to achieve the goal of the child's permanency plan.
TPR warnings
Under current law, when the juvenile court orders a child to be placed outside
the home because the child has been adjudged to be in need of protection or services
under a dispositional order, a change-in-placement order, a revision of a
dispositional order, or an extension of a dispositional order, the juvenile court is
required to inform orally the parent or parents who appear in juvenile court of any
grounds for TPR that may be applicable and of the conditions necessary for the child
to be returned to the home. This bill requires a TPR warning to be given also when
the juvenile court orders a child to be placed outside the home because the child has
been adjudged delinquent and when the juvenile court holds a hearing to review a
child's permanency plan.
Mandatory child abuse or neglect reporters
Current law requires certain persons who have reasonable cause to suspect
that a child seen in the course of professional duties has been abused or neglected
to report that suspected abuse or neglect to the sheriff or police department or to the
county department or, in Milwaukee County, the Department of Health and Family
Services (DHFS) or a child welfare agency under contract with DHFS (mandatory
reporter). Currently, a child care worker in a group home that is authorized solely
to provide a safe and structured living arrangement for children 12 years of age or
over who are custodial parents or expectant mothers is a mandatory reporter. This
bill makes a child care worker in any group home a mandatory reporter.
Confidentiality of social services records
Under the current Juvenile Justice Code, the Department of Corrections
(DOC), a county department, or a child welfare agency, subject to certain exceptions,
is required to maintain the confidentiality of records kept or information received
about an individual who is or was in its care or legal custody. Under the current
Children's Code, DHFS, a county department, a child welfare agency, or a day care
center (collectively "agency"), subject to certain exceptions, is required to maintain
the confidentiality of records kept or information received about an individual who
is currently in its care or legal custody. This bill conforms the Children's Code to the
Juvenile Justice Code by requiring an agency to maintain the confidentiality of
records kept or information received about an individual who is or was in its care or
legal custody.
Residential care centers for children and youth
Under current law, a "residential care center for children and youth" is defined
as a facility operated by a licensed child welfare agency for the care and maintenance
of children residing in that facility. Under prior law, what is currently called a
"residential care center for children and youth" was called a "child caring
institution." Certain references to "child caring institution," however, remain in the
statutes. This bill changes those references to "residential care center for children
and youth."
Child care
Current law requires a person who for compensation provides care and
supervision for four or more children under the age of seven for less than 24 hours
a day to obtain a license from DHFS to operate a day care center. Current law also
permits a school board to provide or contract for the provision of day care programs
for children. In addition, current law requires a person who is not licensed to operate
a day care center or who is not under contract with a school board to provide a day
care program to be certified as a day care provider by a county department of human
services or social services to receive reimbursement under the Wisconsin Works
program for child care services provided by the person. Current law also includes
numerous other references to facilities and services involved in the care of children
for less than 24 hours a day that include the term "day care." This bill changes the
term used to describe care and supervision for children for less than 24 hours a day
from "day care" to "child care."
Neglect
Under current law, "neglect" is defined in the section of the Children's Code
relating to child abuse and neglect reporting as failure, refusal, or inability on the
part of a parent, guardian, legal custodian, or other person exercising temporary or
permanent control over a child, for reasons other than poverty, to provide necessary
care, food, clothing, medical or dental care, or shelter so as to seriously endanger the
physical health of the child. This bill moves that definition to the definitions section
of the Children's Code, thereby making it applicable throughout that code.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Health and Family Services and introduced by
the Law Revision Committee under s. 13.83 (1) (c) 4., stats. After careful consideration
of the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
SB350, s. 1
1Section
1
. 13.48 (2) (j) of the statutes is amended to read:
SB350,6,32
13.48
(2) (j) No later than the first day of the 7th month after the effective date
3of each biennial budget act, the director of the office of state employment relations
4shall report to the building commission, in writing, regarding the desirability of
5including plans for
day child care facility space in the plans for any construction or
6major remodeling project, enumerated in the state building program in the biennial
7budget act, for any state office building. Based upon the report of the director of the
1office of state employment relations, the building commission may direct that plans
2for
day child care facility space be included in the plans for that construction or major
3remodeling project.
SB350, s. 2
4Section
2. 13.83 (4) (a) 4. of the statutes is amended to read:
SB350,6,75
13.83
(4) (a) 4. Ways in which the results from the scientific study of attachment
6and brain development can be incorporated into public schools,
day child care
7centers, and homes.
SB350, s. 3
8Section
3. 16.85 (1) of the statutes is amended to read:
SB350,6,239
16.85
(1) To take charge of and supervise all engineering or architectural
10services or construction work
, as defined in s. 16.87
, performed by, or for, the state,
11or any department, board, institution, commission
, or officer
thereof of the state,
12including nonprofit-sharing corporations organized for the purpose of assisting the
13state in the construction and acquisition of new buildings or improvements and
14additions to existing buildings as contemplated under ss. 13.488, 36.09
, and 36.11,
15except the engineering, architectural
, and construction work of the department of
16transportation
, and the engineering service performed by the department of
17commerce, department of revenue, public service commission, department of health
18and family services
, and other departments, boards
, and commissions when the
19service is not related to the maintenance, and construction and planning
, of the
20physical properties of the state. The department
shall may not authorize
21construction work for any state office facility in the city of Madison after May 11,
221990, unless the department first provides suitable space for a
day child care center
23primarily for use by children of state employees.
SB350,7,6
120.437
(2) (jm)
Licensing activities. The amounts in the schedule for the costs
2of licensing child welfare agencies under s. 48.60, foster homes and treatment foster
3homes under s. 48.62, group homes under s. 48.625,
day
child care centers under s.
448.65
, and shelter care facilities under s. 938.22 (7). All moneys received for these
5licensing activities and from fees under ss. 48.615, 48.625, 48.65 (3)
, and 938.22 (7)
6(b) and (c) shall be credited to this appropriation account.
SB350, s. 5
7Section
5
. 36.25 (26) of the statutes is amended to read:
SB350,7,108
36.25
(26) Day Child care centers. A college campus may establish a
day child 9care center and may use funds received from the appropriation under s. 20.285 (1)
10(a) to operate it.
SB350, s. 6
11Section
6
. 48.195 (2) (a) of the statutes is amended to read:
SB350,7,2112
48.195
(2) (a) Except as provided in this paragraph, a parent who relinquishes
13custody of a child under sub. (1) and any person who assists the parent in that
14relinquishment have the right to remain anonymous. The exercise of that right shall
15not affect the manner in which a law enforcement officer, emergency medical
16technician, or hospital staff member performs his or her duties under this section.
17No person may induce or coerce or attempt to induce or coerce a parent or person
18assisting a parent who wishes to remain anonymous into revealing his or her
19identity, unless the person has reasonable cause to suspect that the child has been
20the victim of abuse or neglect
, as defined in s. 48.981 (1) (d), or that the person
21assisting the parent is coercing the parent into relinquishing custody of the child.
SB350, s. 7
22Section
7. 48.195 (2) (b) of the statutes is amended to read:
SB350,8,523
48.195
(2) (b) A parent who relinquishes custody of a child under sub. (1) and
24any person who assists the parent in that relinquishment may leave the presence of
25the law enforcement officer, emergency medical technician, or hospital staff member
1who took custody of the child at any time, and no person may follow or pursue the
2parent or person assisting the parent, unless the person has reasonable cause to
3suspect that the child has been the victim of abuse or neglect
, as defined in s. 48.981
4(1) (d), or that the person assisting the parent has coerced the parent into
5relinquishing custody of the child.
SB350, s. 8
6Section
8
. 48.195 (2) (c) of the statutes is amended to read:
SB350,8,137
48.195
(2) (c) No officer, employee, or agent of this state or of a political
8subdivision of this state may attempt to locate or ascertain the identity of a parent
9who relinquishes custody of a child under sub. (1) or any person who assists the
10parent in that relinquishment, unless the officer, employee, or agent has reasonable
11cause to suspect that the child has been the victim of abuse or neglect
, as defined in
12s. 48.981 (1) (d), or that the person assisting the parent has coerced the parent into
13relinquishing custody of the child.
SB350,8,2016
48.32
(1) (b) 1. c. A finding as to whether the county department, department,
17or agency has made reasonable efforts to achieve the goal of the child's permanency
18plan
, unless return of the child to the home is the goal of the permanency plan and
19the judge or circuit court commissioner finds that any of the circumstances specified
20in s. 48.355 (2d) (b) 1. to 5. applies.
SB350, s. 10
21Section
10. 48.33 (4) (c) of the statutes is amended to read:
SB350,9,722
48.33
(4) (c) Specific information showing that continued placement of the child
23in his or her home would be contrary to the welfare of the child, specific information
24showing that the county department, the department, in a county having a
25population of 500,000 or more, or the agency primarily responsible for providing
1services to the child has made reasonable efforts to prevent the removal of the child
2from the home, while assuring that the child's health and safety are the paramount
3concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5.
4applies, and specific information showing that the county department, department,
5or agency has made reasonable efforts to achieve the goal of the child's permanency
6plan
, unless return of the child to the home is the goal of the permanency plan and
7any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.
