LRB-3512/1
GMM:cjs:ph
2009 - 2010 LEGISLATURE
October 9, 2009 - Introduced by Representative Dexter, cosponsored by Senator
Jauch. Referred to Committee on Children and Families.
AB486,3,18
1An Act to repeal 48.21 (5) (d) 2., 48.21 (5) (d) 3., 48.355 (2d) (c) 2., 48.355 (2d)
2(c) 3., 48.357 (2v) (c) 2., 48.357 (2v) (c) 3., 48.365 (2m) (ad) 2., 938.21 (5) (d) 2.,
3938.21 (5) (d) 3., 938.355 (2d) (c) 2., 938.355 (2d) (c) 3., 938.357 (2v) (c) 2.,
4938.357 (2v) (c) 3. and 938.365 (2m) (ad) 2.;
to renumber and amend 48.21 (5)
5(d) 1., 48.355 (2d) (c) 1., 48.357 (2v) (c) 1., 48.365 (2m) (ad) 1., 48.38 (4) (br), 48.38
6(5m) (c), 48.43 (5) (b), 938.21 (5) (d) 1., 938.355 (2d) (c) 1., 938.357 (2v) (c) 1.,
7938.365 (2m) (ad) 1., 938.38 (4) (br) and 938.38 (5m) (c);
to amend 46.238,
848.245 (2) (b), 48.27 (3) (a) 1m., 48.27 (6), 48.32 (1) (b) 1. c., 48.33 (4) (c), 48.335
9(3g) (c), 48.355 (2) (b) 6., 48.355 (2b), 48.357 (2m) (b), 48.357 (2r), 48.363 (1) (b),
1048.363 (1m), 48.365 (2g) (b) 3., 48.365 (2m) (a) 1., 48.365 (2m) (ag), 48.38 (3),
1148.38 (4) (fm), 48.38 (4) (h) (intro.), 48.38 (4m) (b) and (d), 48.38 (5) (b), 48.38
12(5) (bm) 1., 48.38 (5) (c) 6. (intro.), 48.38 (5) (c) 7., 48.38 (5) (d), 48.38 (5) (e), 48.38
13(5m) (b), 48.38 (5m) (d), 48.385, 48.417 (1) (a), 48.42 (2g) (am), 48.425 (1) (c),
1448.427 (1m), 48.43 (1) (cm), 48.43 (5) (b) 3., 48.43 (5m), 48.63 (5) (d) 4., 48.834
1(2), 146.0255 (2), 146.0255 (3) (b), 767.41 (3) (c), 938.27 (3) (a) 1m., 938.27 (6),
2938.32 (1) (c) 1. c., 938.33 (4) (c), 938.335 (3g) (c), 938.355 (2) (b) 6., 938.355 (2b),
3938.357 (2r), 938.363 (1) (b), 938.363 (1m), 938.365 (2), 938.365 (2g) (b) 3.,
4938.365 (2m) (a) 1., 938.365 (2m) (ag), 938.38 (3) (intro.), 938.38 (4) (fm), 938.38
5(4) (h) (intro.), 938.38 (4m) (b) and (d), 938.38 (5) (b), 938.38 (5) (bm) 1., 938.38
6(5) (c) 6. (intro.), 938.38 (5) (c) 7., 938.38 (5) (d), 938.38 (5) (e), 938.38 (5m) (b)
7and 938.38 (5m) (d);
to repeal and recreate 48.27 (3) (a) 1m., 48.27 (6), 48.357
8(2m) (b), 48.357 (2r), 48.363 (1) (b), 48.363 (1m), 48.365 (2g) (b) 3., 48.365 (2m)
9(ag), 48.38 (5) (b), 48.38 (5) (c) 6. (intro.), 48.38 (5) (e), 48.38 (5m) (b), 48.38 (5m)
10(c) 1., 48.417 (1) (a), 48.42 (2g) (am), 48.427 (1m), 48.43 (5) (b) 1., 48.43 (5m),
11767.41 (3) (c), 938.27 (3) (a) 1m., 938.27 (6), 938.357 (2r), 938.363 (1) (b), 938.363
12(1m), 938.365 (2), 938.365 (2g) (b) 3., 938.365 (2m) (ag), 938.38 (5) (b), 938.38
13(5) (c) 6. (intro.), 938.38 (5) (e), 938.38 (5m) (b) and 938.38 (5m) (c) 1.; and
to
14create 48.21 (3) (f), 48.21 (5) (b) 2m., 48.21 (5) (e), 48.32 (1) (b) 1m., 48.33 (4)
15(d), 48.335 (3g) (d), 48.335 (6), 48.355 (2) (b) 6p., 48.355 (2) (cm), 48.357 (1) (c)
162m., 48.357 (2m) (bm), 48.357 (2v) (a) 2m., 48.357 (2v) (d), 48.365 (2m) (a) 1m.,
1748.38 (4) (br) 2., 48.38 (4) (i), 48.38 (4m), 48.38 (5) (bm), 48.38 (5) (c) 8., 48.38
18(5m) (c) 2., 48.385, 48.43 (5) (b) 2., 48.43 (5) (b) 3., 48.78 (2) (i), 48.78 (2) (j),
1948.981 (7) (a) 4m., 48.981 (7) (a) 4p., 48.999, 757.69 (1) (g) 14., 938.21 (2) (e),
20938.21 (3) (f), 938.21 (5) (b) 2m., 938.21 (5) (e), 938.32 (1) (c) 1m., 938.33 (4) (d),
21938.335 (3g) (d), 938.335 (6), 938.355 (2) (b) 6p., 938.355 (2) (cm), 938.357 (1)
22(c) 2m., 938.357 (2m) (bm), 938.357 (2v) (a) 2m., 938.357 (2v) (d), 938.365 (2m)
23(a) 1m., 938.38 (4) (br) 2., 938.38 (4) (i), 938.38 (4m), 938.38 (5) (bm), 938.38 (5)
24(c) 8., 938.38 (5m) (c) 2., 938.78 (2) (i) and 938.9995 of the statutes;
relating to:
25requiring consultation with a child in determining and reviewing his or her
1permanency plan; requiring agencies, in making reasonable efforts to place a
2child in a permanent placement, to include efforts to place the child outside this
3state; requiring juvenile courts to take certain actions to expedite the interstate
4placement of children; requiring juvenile courts to give a child's out-of-home
5care provider the right to be heard in proceedings involving the child; requiring
6notice to relatives when a child is removed from the home; requiring reasonable
7efforts to place siblings together or to provide for visitation between siblings;
8requiring agencies to assist children in developing a plan for transition to
9independent living; requiring health care providers to report cases of infants
10with controlled substances in their bodily fluids to the agency responsible for
11investigating suspected child abuse or neglect; authorizing circuit court
12commissioners to conduct permanency plan reviews and hearings; specifying
13certain placements for purposes of calculating how long a child has been placed
14outside the home for purposes of filing a termination of parental rights petition;
15and permitting disclosure of information to a relative of a child for purposes of
16facilitating placement of the child with the relative or to a public or private
17agency in this state or any other state for purposes of investigating a proposed
18foster or adoptive placement.
Analysis by the Legislative Reference Bureau
Introduction
Under current federal law, to be eligible for foster care and adoption assistance
under Title IV-E of the Social Security Act (Title IV-E), a state must have a state
plan that meets certain conditions specified in Title IV-E. Recently, Congress
amended Title IV-E by enactment of the Safe and Timely Interstate Placement of
Foster Children Act of 2006, the Child and Family Services Improvement Act of 2006,
and the Fostering Connections to Success and Increasing Adoptions Act of 2008.
This bill amends certain provisions of the Children's Code and the Juvenile Justice
Code relating to permanency planning for children placed in out-of-home care to
conform those provisions to the requirements of Title IV-E, as affected by those acts.
Also, under current federal law, to be eligible for a grant under the Child Abuse
Prevention and Treatment Act (CAPTA) a state must have in effect a state plan that
meets certain conditions specified in CAPTA, including a requirement that a health
care provider report to the child protective services system infants who are affected
by illegal substance abuse or withdrawal symptoms resulting from prenatal drug
exposure. This bill conforms current state law relating to the reporting of infants
whose bodily fluids contain a controlled substance to that requirement of CAPTA.
Finally, the bill authorizes a circuit court commissioner assigned to assist in
juvenile matters to review a 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 or home providing long-term stability;
specifies certain placements for purposes of determining whether the child has been
placed in an out-of-home placement for 15 of the most recent 22 months, which
triggers a requirement that a termination of parental rights (TPR) petition be filed;
and permits disclosure of information to a relative of a child for purposes of
facilitating placement of the child with the relative or to a public or private agency
in this state or any other state for purposes of investigating a proposed foster or
adoptive placement.
Permanency planning for children in out-of-home care
Current law. Under current law, for each child living in an out-of-home
placement, the county department of human services or social services (county
department), the licensed child welfare agency, or, in Milwaukee County, the
Department of Children and Families (DCF) that placed the child or arranged the
placement of the child or the agency assigned primary responsibility for providing
services to the child (collectively "agency") must prepare a permanency plan for the
child. A permanency plan must describe, among other things, the goal or goals of the
permanency plan, with those goals being either the safe return of the child to the
home or placement of the child for adoption, with a guardian, in the home of a
relative, or in some other alternative permanent placement.
Under current law, the court assigned to exercise jurisdiction under the
Children's Code and the Juvenile Justice Code (juvenile court) or a panel appointed
by the juvenile court (permanency plan review panel) must review a child's
permanency plan every six months to determine, among other things, the continuing
necessity for and appropriateness of the placement, the progress being made toward
eliminating the causes of the child's placement and returning the child to the home
or obtaining a permanent placement for the child, and whether reasonable efforts are
being made to achieve the goal of the child's permanency plan (permanency plan
review). In addition, the juvenile court must hold a hearing to review a child's
permanency plan no later than 12 months after the child is removed from the home
and every 12 months after that hearing, which hearing may be held instead of or in
addition to the permanency plan review (permanency plan hearing).
Consultation with child. The Child and Family Services Improvement Act
of 2006 requires a state's case review system to include procedural safeguards to
assure that the court or administrative body conducting a permanency plan hearing
consults, in an age-appropriate manner, with the child regarding the proposed
permanency plan for the child.
This bill requires a child's permanency plan to include a statement as to
whether the child's age and developmental level are sufficient for the juvenile court
to consult with the child at the permanency plan determination hearing or at the
permanency plan hearing or for the juvenile court or permanency plan review panel
to consult with the child at the permanency plan review. If the child's permanency
plan indicates that the child's age and developmental level are sufficient for the
juvenile court or permanency plan review panel to consult with the child regarding
the child's permanency plan or if the juvenile court or panel otherwise determines
that consultation with the child would be in the best interests of the child, the
juvenile court or panel must consult with the child, in an age-appropriate and
developmentally appropriate manner, regarding the child's permanency plan and
any other matters the court or panel finds appropriate. If none of those
circumstances apply, the juvenile court may permit the child's caseworker, the child's
counsel, or the child's guardian ad litem to make a written or oral statement during
the hearing or review, or to submit a written statement prior to the hearing or review,
expressing the child's wishes, goals, and concerns regarding the permanency plan
and those matters. If the juvenile court permits such a written or oral statement to
be made or submitted, the juvenile court may nonetheless require the child to be
physically present at the hearing or review.
Expediting out-of-state placements. The Safe and Timely Interstate
Placement of Foster Children Act of 2006 requires reasonable efforts to be made to
place a child in a timely manner in accordance with the child's permanency plan,
including, if appropriate, through an interstate placement, requires a permanency
plan hearing to consider out-of-state permanent placement options for a child, and
requires concurrent reasonable efforts to include identifying appropriate
out-of-state placements for adoption or with a legal guardian. That act also provides
grants to the highest courts in states receiving assistance under Title IV-E to enable
those courts to assess the effect of state laws requiring proceedings to expedite the
interstate placement of children, including state laws requiring courts to cooperate
in the sharing of information, authorizing courts to obtain information and
testimony without requiring interstate travel by agencies and parties, and
permitting parents, children, other necessary parties, and attorneys to participate
in cases involving interstate placement without requiring their interstate travel.
This bill requires a permanency plan whose goal is to place a child for adoption,
with a guardian, with a relative, or in some other alternative permanent placement
to include the efforts made to achieve that goal, including, if appropriate, through an
out-of-state placement. The bill also requires a juvenile court order placing a child
outside the home to include a finding as to whether reasonable efforts have been
made to achieve the goal of the child's permanency plan, including, if appropriate,
through an out-of-state placement. In addition, the bill requires an agency, in
making concurrent reasonable efforts to place a child for adoption, with a guardian,
with a relative, or in some other alternative permanent placement, to include
reasonable efforts to identify an appropriate out-of-state placement. Moreover, the
bill also requires a juvenile court, at the permanency plan determination hearing,
to consider placing the child in a placement outside the state if the juvenile court
determines that such a placement would be in the best interests of the child and
appropriate to achieving the goal of the child's permanency plan.
Finally, with respect to expediting the out-of-state placement of children, the
bill requires the juvenile courts of this state to cooperate with the courts of other
states in the sharing of information; obtain, to the greatest extent possible,
information and testimony from agencies and parties located in other states without
requiring interstate travel by those agencies and parties; and permit parents,
children, other necessary parties, attorneys, and guardians ad litem in proceedings
involving the interstate placement of a child to participate in those proceedings
without requiring interstate travel by those persons.
Right to be heard in proceedings involving children in out-of-home care
The Safe and Timely Interstate Placement of Foster Children Act of 2006
requires a state's case review system to include procedures for assuring that any
foster parent or relative providing care for a child is provided a right to be heard in
any proceeding held with respect to the child. Current state law, however, requires
the juvenile court to give a foster parent, treatment foster parent, any relative with
whom a child is living, and any other physical custodian of a child
an opportunity to
be heard at any hearing under the Children's Code or the Juvenile Justice Code,
involving the child, other than a hearing for which notice need only be provided to
the child and his or her counsel, by permitting that person to make a written or oral
statement during the hearing or to submit a written statement prior to the hearing.
This bill requires the juvenile court to give a foster parent, treatment foster
parent, operator of a facility in which a child is living, relative with whom a child is
living, or other physical custodian of a child a right to be heard at any hearing under
the Children's Code or the Juvenile Justice Code, involving the child, other than a
hearing for which notice need only be provided to the child and his or her counsel.
Notice to relatives when child removed from home
The Fostering Connections to Success and Increasing Adoptions Act of 2008
requires that within 30 days after the removal of a child from the custody of the
parent or parents of the child, a 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. The notice must do all of the following:
1. Specify that the child has been or is being removed from the custody of the
parent or parents of the child.
2. Explain 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.
3. Describe the requirements to become a foster family home and the additional
services and supports that are available for children placed in such a home.
This bill requires the juvenile court to request a child's parent to provide the
names of three relatives of the child or other individuals 18 years of age or over whose
homes the parent requests the juvenile court to consider as placements for the child.
The juvenile court must request that information at the temporary physical custody
hearing or, if that information has not been previously requested, at a dispositional
hearing or change-in-placement hearing placing the child outside the parent's
home. If the parent does not provide that information at the hearing, the agency
must permit the parent to provide the information at a later date.
The juvenile court then must order the agency to conduct a diligent search in
order to locate and provide notice of certain information specified in the bill to all of
the relatives names by the parent and to all adult relatives of the child within 30 days
after the hearing. The bill, for purposes of notification, defines "adult relative" as a
grandparent, great-grandparent, aunt, uncle, brother, sister, half brother, or half
sister of the child who has attained 18 years of age. The bill also permits the juvenile
court to order the agency to notify any other individual whose home is recommended
as a placement option by the parent. The agency may not provide notice to a person
named by a parent or to an adult relative if the agency has reason to believe that it
would be dangerous to the child or to the parent if the child were placed with that
person or adult relative.
The bill requires the notice to include all of the following:
1. A statement that the child has been removed from the custody of the child's
parent.
2. A statement that explains the options that the person notified has under
state or federal 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.
3. A description of the requirements to obtain a foster home license or to receive
kinship care payments and of the additional services and supports that are available
for children placed in a foster home or in the home of a person receiving those
payments.
4. A statement advising the person notified that he or she may incur additional
expenses if the child is placed in his or her home and that reimbursement for some
of those expenses may be available.
5. The name and contact information of the agency that removed the child from
the custody of the child's parent.
Placement with siblings
The Fostering Connections to Success and Increasing Adoptions Act of 2008
requires a state plan for foster care and adoption assistance to provide that
reasonable efforts shall be made to do all of the following:
1. Place siblings removed from their home in the same foster care or adoptive
placement, unless the state documents that such a joint placement would be contrary
to the safety or well-being of any of the siblings.
2. In the case of siblings removed from the home who are not jointly placed,
provide for frequent visitation or other ongoing interaction between the siblings,
unless the state documents that frequent visitation or other ongoing interaction
would be contrary to the safety or well-being of any of the siblings.
This bill requires the permanency plan of a child who has been removed from
the home and who has one or more siblings who have also been removed from the
home to include a description of the efforts made to place the child in a placement that
enables the sibling group to remain together and, if a decision is made not to place
the child and his or her siblings in a joint placement, a statement as to why a joint
placement would be contrary to the safety or well-being of the child or any of those
siblings and a description of the efforts made to provide for frequent visitation or
other ongoing interaction between the child and those siblings. If a decision is made
not to provide for that visitation or interaction, the permanency plan must include
a statement as to why that visitation or interaction would be contrary to the safety
or well-being of the child or any of those siblings.
The bill also requires an agency, before placing for adoption a child who has one
or more siblings who have been adopted or who have been placed for adoption, to
make reasonable efforts to place the child for adoption with an adoptive parent or
proposed adoptive parent of such a sibling, unless the agency determines that a joint
placement would be contrary to the safety or well-being of the child or any of those
siblings, in which case the agency must make reasonable efforts to provide for
frequent visitation or other ongoing interaction between the child and the siblings,
unless the agency determines that such visitation or interaction would be contrary
to the safety or well-being of the child or any of those siblings.
In addition, the bill requires the juvenile court, when ordering into temporary
physical custody a child who has one or more siblings who have been removed from
the home or when ordering such a child to be placed outside the home under a
dispositional order or a change-in-placement order, to include in the order a finding
that reasonable efforts have been made to place the child in a placement that enables
the sibling group to remain together, unless the juvenile court determines that a joint
placement would be contrary to the safety or well-being of the child or any of those
siblings, in which case the juvenile court must order the agency to make reasonable
efforts to provide for frequent visitation or other ongoing interaction between the
child and the siblings, unless the juvenile court determines that such visitation or
interaction would be contrary to the safety or well-being of the child or any of those
siblings.
Plan for transition to independent living
Under current law, a permanency plan for a child 15 years of age or over must
include a description of the programs and services that are or will be provided to
assist the child in preparing for the transition from out-of-home care to independent
living.
The Fostering Connections to Success and Increasing Adoptions Act of 2008
requires a state's case review system to include procedures to assure that during the
90-day period immediately prior to the date on which a child will attain 18 years of
age the child is provided with assistance and support in developing a transition plan
that is personalized at the direction of the child, includes specific options on housing,
health insurance, education, local opportunities for mentors and continuing support
services, and workforce supports and employment services, and is as detailed as the
child may elect.
This bill requires the agency primarily responsible for providing services to a
child who is placed in a foster home, group home, subsidized guardianship home, or
residential care center for children and youth, or in the home of a relative other than
a parent to provide the child with assistance and support in developing a plan for
making the transition to independent living by no later than 90 days before the child
attains 18 years of age or, if the child is under a juvenile court order that terminates
after the child attains 18 years of age, by no later than 90 days before the order
terminates. The plan must be personalized at the direction of the child, must be as
detailed as the child directs, and must include specific options for obtaining housing,
health care, education, mentoring and continuing support services, and workforce
support and employment services.
Reporting of infants affected by controlled substances
CAPTA requires a state's state plan to include a requirement that a health care
provider involved in the delivery or care of an infant identified as being affected by
illegal substance abuse or withdrawal symptoms resulting from prenatal drug
exposure to notify the child protective services system of the occurrence of that
condition in the infant. Current state law requires a physician who determines that
there is a serious risk that an infant's bodily fluids contain a controlled substance to
report that information to a county department of human services or social services
or, in Milwaukee County, to the county department of community programs or
developmental disabilities services. The county department then must offer or make
arrangements for the provision of appropriate services and treatment for the infant
and the infant's mother.
This bill requires a physician who determines that there is a serious risk that
an infant's bodily fluids contain a controlled substance to report that information to
the agency that is responsible for investigating reports of suspected child abuse or
neglect, which is the county department, DCF in Milwaukee County, or a child
welfare agency under contract with a county department or DCF to conduct those
investigations. Under the bill, if a county department or a child welfare agency
under contract with a county department receives such a report, the county
department or child welfare agency must offer or make arrangements for the
provision of appropriate services and treatment for the infant and the infant's
mother and, if DCF or a child welfare agency under contract with DCF receives such
a report, DCF or the child welfare agency must refer the report to the county
department of community programs or developmental disabilities services and that
county department must offer or make arrangements for the provision of those
services and that treatment.
Circuit court commissioner review of permanency plans
Under current law, a circuit court commissioner assigned to assist in juvenile
matters may conduct certain proceedings under the Children's Code and the
Juvenile Justice Code, including temporary physical custody hearings, plea
hearings, and uncontested fact-finding and dispositional hearings. This bill permits
a circuit court commissioner to conduct permanency plan reviews and hearings.
