LRB-2498/1
GMM:jld:md
2009 - 2010 LEGISLATURE
June 2, 2009 - Introduced by Joint Legislative Council. Referred to Committee
on Children and Families.
AB298,1,4
1An Act to amend 48.38 (4) (bm); and
to create 48.21 (3) (f), 48.21 (5) (e), 48.78
2(2) (i) and 48.981 (7) (a) 4m. of the statutes;
relating to: requiring notice to
3relatives when a child is taken into custody and disclosure of information to
4relatives for the purpose of facilitating a relationship or placement.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Special
Committee on Strengthening Wisconsin Families.
Under the Children's Code, a child may be placed with a relative when the child
is taken into temporary custody, as a disposition, or as a permanent placement. In
addition, in a dispositional order for a child in need of protection or services (CHIPS)
proceeding, if there is no less drastic alternative for a child than transferring custody
from the parent, the court assigned to exercise jurisdiction under the Children's Code
(juvenile court) must consider transferring custody to a relative whenever possible. The
agency preparing a permanency plan for a child must also include in the plan a statement
as to the availability of a safe and appropriate placement with a fit and willing relative
of the child and, if a decision is made not to place the child with an available relative, a
statement as to why placement with the relative is not safe or appropriate. Finally, before
the Department of Children and Families (DCF), a county department of human services
or social services (county department), or a child welfare agency may place a child for
adoption, that agency must consider the availability of an adoptive placement with a
relative of the child who is identified in the permanency plan or otherwise known by that
agency.
Federal law,
42 USC 671 (a) (29), effective October 7, 2008, requires that within 30
days after the removal of a child from the custody of the parent or parents of the child,
the state must exercise due diligence to identify and provide notice to all adult
grandparents and other adult relatives of the child (including any other adult relatives
suggested by the parents), subject to exceptions due to family or domestic violence, that
does all of the following:
• Specifies that the child has been or is being removed from the custody of the
parent or parents of the child.
• Explains the options the relative has under federal, state, and local law to
participate in the care and placement of the child, including any options that may be lost
by failing to respond to the notice.
• Describes the requirements to become a foster family home and the additional
services and supports that are available for children placed in such a home.
• If the state has elected the option to make kinship guardianship assistance
payments, describes how the relative guardian of the child may subsequently enter into
an agreement with the state to receive the payments. Wisconsin does not currently
provide kinship guardianship assistance payments.
Current Wisconsin law also requires the agency that is assigned primary
responsibility for providing services to a child placed outside the home to prepare a
written permanency plan for the child if certain conditions are met.
Finally, under current law, records maintained by an agency under the Children's
Code and child abuse and neglect records are confidential and may be disclosed only
under exceptions set forth in current law.
This bill modifies current law relating to temporary custody hearings under the
Children's Code. Under the bill, the juvenile court must justify order the county
department or, in Milwaukee County, DCF to conduct a diligent search in order to locate
and provide notice of certain information specified in the bill to all adult relatives of the
child within 30 days after the temporary custody hearing. The bill, for purposes of
notification, defines "adult relative" as a grandparent, great-grandparent, aunt, uncle,
or sibling of the child who has attained 18 years of age. The bill also requires the county
department or DCF to notify any other adult relative or other individual whose home is
recommended as a placement option by the parent. The county department or DCF may
not provide notice to an adult relative or other individual if the county department or DCF
has reason to believe that it would be dangerous to the child or to the parent if the child
were placed with that adult relative or other individual.
The bill requires the notice to include all of the following:
• A statement that the child has been removed from the custody of the child's
parent.
• A statement that the child may need a temporary or permanent placement
outside of his or her home and an explanation of how the adult relative or other individual
may request having the child placed with him or her.
• An explanation of the programs and services that may be available to the adult
relative or other individual if the child is placed with him or her including foster care
payments, kinship care payments, assistance with health care needs, child care
assistance, and nutrition assistance.
• A description of the types of expenses the adult relative or other individual may
incur if the child is placed in his or her home and whether and when the adult relative
or other individual may be reimbursed for those expenses.
• An explanation of how to receive notice of future proceedings relating to the child
if the adult relative or other individual provides contact information to the county
department or DCF within the time specified in the notice.
The bill also provides that, at the temporary custody hearing, if the parent is
present, he or she must be requested to provide the names of 3 adult relatives or family
friends whose homes the parent would like the juvenile court to consider as placement
options for the child. If the parent is not present at the hearing, the county department
or DCF must make a reasonable effort to request that information from each parent.
In addition, the bill requires a child's permanency plan to include a statement of
what efforts were made to comply with the notification requirements in the bill and to
notify other adult individuals whose homes have been identified by the child as potential
placements for the child.
Finally, the bill creates an exception to the confidentiality of agency and child abuse
and neglect records so that the county department or DCF may disclose information to
a relative of a child who is placed outside his or her home only to the extent necessary to
facilitate the establishment of a relationship between the child and the relative or a
placement of the child with the relative.
AB298, s. 1
1Section
1. 48.21 (3) (f) of the statutes is created to read:
AB298,3,82
48.21
(3) (f) If present at the hearing, the parent shall be requested to provide
3the names and other identifying information of 3 relatives of the child or family
4friends 18 years of age or over whose homes the parent requests the court to consider
5as placements for the child. If the parent does not provide this information at the
6hearing, the county department or, in a county having a population of 500,000 or
7more, the department shall make a reasonable effort to provide each parent with the
8opportunity to provide this information.
Note: Provides that, if a parent is present at a temporary custody hearing, the
parent must be requested to provide the names and other identifying information of 3
relatives of the child or family friends 18 years of age or over whose homes the parent
requests the juvenile court to consider as placements for the child. If the parent does not
provide this information at the hearing, the county department or, in Milwaukee County,
DCF must make a reasonable effort to provide each parent with the opportunity to
provide this information.
AB298, s. 2
9Section
2
. 48.21 (5) (e) of the statutes is created to read:
AB298,3,1210
48.21
(5) (e) 1. In this paragraph, "adult relative" means a grandparent,
11great-grandparent, aunt, uncle, or sibling of a child, whether by blood, marriage, or
12legal adoption, who has attained 18 years of age.
AB298,4,11
12. The court shall order the county department or, in a county having a
2population of 500,000 or more, the department to conduct a diligent search in order
3to locate and provide notice of the information specified in this subdivision to all
4adult relatives of the child and to all other adult individuals whose homes are
5requested by the child's parent under sub. (3) (f) to be considered as placement
6options for the child within 30 days after the date of the hearing unless the child is
7returned to his or her home within that period. The county department or
8department may not provide that notice to an adult relative or other individual if the
9county department or the department has reason to believe that it would be
10dangerous to the child or to the parent if the child were placed with that adult relative
11or other individual. The notice shall include all of the following:
AB298,4,1312
a. A statement that the child has been removed from the custody of the child's
13parent.
AB298,4,1614
b. A statement that the child may need a temporary or permanent placement
15outside of his or her home and an explanation of how the adult relative or other
16individual may request to have the child placed with him or her.
AB298,4,2017
c. An explanation of the programs and services that may be available to the
18adult relative or other individual if the child is placed with him or her including foster
19care payments, kinship care payments, assistance with health care needs, child care
20assistance, and nutrition assistance.
AB298,4,2321
d. A description of the types of expenses that the adult relative or other
22individual may incur if the child is placed in his or her home and whether and when
23the adult relative or other individual may be reimbursed for those expenses.
AB298,5,3
1e. An explanation of how to receive notice of future proceedings relating to the
2child if the adult relative or other individual provides contact information to the
3county department or the department.
Note: Provides that when the juvenile court orders a child to be continued in
custody at the temporary custody hearing, the juvenile court must order the county
department or DCF to conduct a diligent search in order to locate and provide notice of
certain information to all adult relatives of the child and to all other adult individuals
whose homes are requested by the child's parent to be considered as placement options
for the child within 30 days after the hearing unless the child is returned to his or her
home within that period. The county department or DCF may not provide that notice to
an adult relative or other individual if the county department or DCF has reason to
believe that it would be dangerous to the child or to the parent if the child were placed
with that adult relative or other individual. The notice must state that the child has been
taken into custody and may need a temporary or permanent placement, explain the
various programs and services that may be available if the child is placed with the adult
relative or other individual, describe the types of expenses that may be incurred if the
child is placed with the adult relative or other individual, and explain how the adult
relative or other individual may receive notice of future proceedings relating to the child.
AB298, s. 3
4Section
3. 48.38 (4) (bm) of the statutes is amended to read:
AB298,5,145
48.38
(4) (bm) A statement as to the availability of a safe and appropriate
6placement with a fit and willing relative of the child and
, if of what efforts were made
7to comply with an order under s. 48.21 (5) (e) requiring notification of all adult
8relatives of the child and all other adult individuals whose homes have been
9requested by the child's parent to be considered as potential placements for the child
10and to notify all other adult individuals whose homes have been requested by the
11child to be considered as potential placements for the child. If a decision is made not
12to place the child with an available relative
, or individual identified by the child's
13parent or the child, the permanency plan shall include a statement as to why
14placement with the relative
, or other individual is not safe or appropriate.
Note: Modifies current law relating to permanency plans for children placed
outside their home so that the plan must include a statement of what efforts were made
to comply with an order to notify certain adult relatives and other adult individuals under
Section 2 of the bill, and to notify other adult individuals whose homes have been
identified by the child as potential placements for the child.
AB298, s. 4
15Section
4
. 48.78 (2) (i) of the statutes is created to read:
AB298,6,6
148.78
(2) (i) Paragraph (a) does not prohibit an agency from disclosing
2information to a relative of a child placed outside of his or her home only to the extent
3necessary to facilitate the establishment of a relationship between the child and the
4relative or a placement of the child with the relative. In this paragraph, "relative"
5includes a relative whose relationship is derived through a parent of the child whose
6parental rights are terminated.
AB298, s. 5
7Section
5
. 48.981 (7) (a) 4m. of the statutes is created to read:
AB298,6,128
48.981
(7) (a) 4m. A relative of a child placed outside of his or her home only
9to the extent necessary to facilitate the establishment of a relationship between the
10child and the relative or a placement of the child with the relative. In this
11subdivision, "relative" includes a relative whose relationship is derived through a
12parent of the child whose parental rights are terminated.
Note: Sections 4 and 5 create an exception to the confidentiality of social service
agency records under the Children's Code and child abuse and neglect records to permit
disclosure to a relative of a child placed outside of his or her home only to the extent
necessary to establish a relationship between the child and the relative or a placement
of the child with the relative.
