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2023 ASSEMBLY BILL 557
October 26, 2023 - Introduced by Representatives SNYDER, ARMSTRONG, BALDEH,
BEHNKE, BILLINGS, CALLAHAN, CONLEY, CONSIDINE, DITTRICH, DONOVAN, DOYLE,
GOEBEN, GUSTAFSON, HONG, JOERS, KITCHENS, MURSAU, NOVAK, O'CONNOR,
OHNSTAD, PALMERI, RATCLIFF, RETTINGER, ROZAR, SAPIK, SNODGRASS, STUBBS,
SUBECK, PLUMER, SINICKI and CLANCY, cosponsored by Senators BALLWEG,
JAMES, CARPENTER, HESSELBEIN, L. JOHNSON, LARSON, ROYS, SMITH, SPREITZER
and TOMCZYK. Referred to Committee on Children and Families.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 48.02 (15), 48.028 (2) (e), 48.028 (2) (f), 48.207 (1) (b), 48.207
(1) (f), 48.33 (4) (intro.), 48.335 (3g) (intro.), 48.335 (3j) (intro.), 48.345 (3) (a)
(intro.), 48.345 (3) (a) 1., 48.345 (3) (a) 2., 48.345 (4) (a), 48.355 (4) (b) (intro.),
48.366 (1) (a), 48.371 (1) (intro.), 48.371 (1) (a), 48.371 (3) (intro.), 48.371 (3) (d),
48.371 (5), 48.38 (2) (intro.), 48.38 (3m) (a), 48.38 (4) (f) (intro.), 48.38 (4m) (b),
48.38 (4m) (d), 48.38 (5) (b), 48.38 (5) (bm) 1., 48.38 (5) (e), 48.38 (5m) (b), 48.38
(5m) (c) 1., 48.38 (5m) (e), 48.385 (intro.), 48.40 (1m), 48.427 (3m) (a) 5., 48.43
(5) (b) 1., 48.43 (5) (b) 3., 48.43 (5m), 48.57 (3m) (a) 1. b., 48.57 (3m) (a) 2., 48.57
(3m) (am) (intro.), 48.57 (3m) (am) 1., 48.57 (3m) (am) 1m., 48.57 (3m) (am) 4.,
48.57 (3m) (am) 4m., 48.57 (3m) (am) 5., 48.57 (3m) (am) 5m., 48.57 (3m) (am)
6., 48.57 (3m) (ap) 1., 48.57 (3m) (ap) 2., 48.57 (3m) (ap) 3., 48.57 (3m) (b) 2.,
48.57 (3m) (cm), 48.57 (3m) (h), 48.57 (3m) (i) 1., 48.57 (3n) (a) 1. b., 48.57 (3n)
(a) 2., 48.57 (3n) (am) (intro.), 48.57 (3n) (am) 1., 48.57 (3n) (am) 2., 48.57 (3n)
(am) 4., 48.57 (3n) (am) 4m., 48.57 (3n) (am) 5., 48.57 (3n) (am) 5m., 48.57 (3n)
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(am) 5r., 48.57 (3n) (am) 6. (intro.), 48.57 (3n) (am) 6. c., 48.57 (3n) (am) 6. d.,
48.57 (3n) (am) 6. e., 48.57 (3n) (ap) 1., 48.57 (3n) (ap) 2., 48.57 (3n) (ap) 3., 48.57
(3n) (b) 2., 48.57 (3n) (cm), 48.57 (3n) (h), 48.57 (3p) (h) 3. (intro.), 48.57 (3p) (h)
3. b., 48.57 (3p) (h) 4., 48.60 (2) (a), 48.62 (2), 48.64 (1), 48.64 (1m), 48.64 (2),
48.64 (4) (a), 48.64 (4) (c), 48.67 (4) (b), 49.155 (1m) (a) 1m. b., 118.175 (1), 767.57
(1m) (cm), 767.57 (2), 938.02 (15), 938.028 (2) (c), 938.207 (1) (b), 938.207 (1) (f),
938.33 (4) (intro.), 938.335 (3g) (intro.), 938.335 (3j) (intro.), 938.34 (3) (a)
(intro.), 938.34 (3) (a) 1., 938.34 (3) (a) 2., 938.355 (4) (am) (intro.), 938.357 (6)
(a) (intro.), 938.357 (6) (b), 938.365 (5) (b) (intro.), 938.366 (1) (a), 938.371 (1)
(intro.), 938.371 (1) (a), 938.371 (3) (intro.), 938.371 (5), 938.38 (2) (intro.),
938.38 (3m) (a), 938.38 (4) (f) (intro.), 938.38 (4m) (b), 938.38 (4m) (d), 938.38
(5) (b), 938.38 (5) (bm) 1., 938.38 (5) (e), 938.38 (5m) (b), 938.38 (5m) (c) 1., 938.38
(5m) (e) and 938.385 (intro.); and to create 48.02 (12c) and 938.02 (12c) of the
statutes; relating to: inclusion of like-kin as an option for with whom children
may be placed out of their home under certain circumstances and who may
receive kinship care payments.
Analysis by the Legislative Reference Bureau
Under current law, a juvenile court may place a child in certain placements that
provide out-of-home care under the Children's Code and the Juvenile Justice Code.
Under current law, those placements include specific types of licensed facilities, a
licensed foster home, or the home of a relative other than a parent. Under current
law, a relative other than a parent does not typically need to acquire a license in order
to receive a relative child. This bill allows a juvenile court to similarly place a child
with unlicensed individuals who qualify as “like-kin” under the Children's Code and
the Juvenile Justice Code.
The bill defines “like-kin” for the purposes of such a placement to be an
individual who has a significant emotional relationship with a child or the child's
family that is similar to a familial relationship and, for an Indian child, includes an
individual who is identified by the child's tribe as kin or like-kin according to tribal
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tradition, custom or resolution, code, or law. Under the bill, “like-kin” does not
include a current or former foster parent of a child for placement purposes.
Under current law, a relative other than a parent who is providing care and
maintenance for a child under a court order may receive monthly kinship care
payments from the Department of Children and Families or a county department of
human or social services. The bill includes as those who may receive kinship care
payments first cousins once removed and like-kin persons and changes the term
used to refer to these persons from “kinship care relatives” to “kinship care
providers.”
Under current law, for the purposes of permanency planning, a family
permanency team may include like-kin. The current law definition of “like-kin,” for
the purpose of determining the family permanency team, is similar to the definition
of “like-kin” for placement purposes in the bill, except that the current law definition
1) does not exclude a current or former foster parent and 2) does not include
individuals identified by the child's tribe if the child is an Indian child. Under the
bill, the definition of “like-kin” for determining a family permanency team does not
exclude a current or former foster parent but does include individuals identified by
the child's tribe if the child is an Indian child.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 48.02 (12c) of the statutes is created to read:
48.02 (12c) “Like-kin” means an individual who has a significant emotional
relationship with a child or the child's family that is similar to a familial relationship
and who is not and has not previously been the child's licensed foster parent. For an
Indian child, “like-kin” includes individuals identified by the child's tribe according
to tribal tradition, custom or resolution, code, or law.
SECTION 2. 48.02 (15) of the statutes is amended to read:
48.02 (15) “Relative" means a parent, stepparent, brother, sister, stepbrother,
stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, first
cousin once removed, 2nd cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or
any person of a preceding generation as denoted by the prefix of grand, great, or
great-great, whether by blood, marriage, or legal adoption, or the spouse of any
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person named in this subsection, even if the marriage is terminated by death or
divorce. For purposes of the application of s. 48.028 and the federal Indian Child
Welfare Act, 25 USC 1901 to 1963, “relative" includes an extended family member,
as defined in s. 48.028 (2) (am), whether by blood, marriage, or adoption, including
adoption under tribal law or custom. For purposes of placement of a child, “relative"
also includes a parent of a sibling of the child who has legal custody of that sibling.
SECTION 3. 48.028 (2) (e) of the statutes is amended to read:
48.028 (2) (e) “Out-of-home care placement" means the removal of an Indian
child from the home of his or her parent or Indian custodian for temporary placement
in a foster home, group home, residential care center for children and youth, or
shelter care facility, in the home of a relative other than a parent, in the home of
like-kin, or in the home of a guardian, from which placement the parent or Indian
custodian cannot have the child returned upon demand. “Out-of-home care
placement" does not include an adoptive placement, a preadoptive placement, a
delegation of powers, as described in par. (d) 5., an emergency change in placement
under s. 48.357 (2) (b), or holding an Indian child in custody under ss. 48.19 to 48.21.
SECTION 4. 48.028 (2) (f) of the statutes is amended to read:
48.028 (2) (f) “Preadoptive placement" means the temporary placement of an
Indian child in a foster home, group home, or residential care center for children and
youth, in the home of a relative other than a parent, in the home of like-kin, or in
the home of a guardian after a termination of parental rights but prior to or in lieu
of an adoptive placement. “Preadoptive placement" does not include an emergency
change in placement under s. 48.437 (2).
SECTION 5. 48.207 (1) (b) of the statutes is amended to read:
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48.207 (1) (b) The home of a relative or like-kin, except that a child may not
be held under this paragraph in the home of a relative if the relative person who has
been convicted under s. 940.01 of the first-degree intentional homicide, or under s.
940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the
conviction has not been reversed, set aside or vacated, unless the person making the
custody decision determines by clear and convincing evidence that the placement
would be in the best interests of the child. The person making the custody decision
shall consider the wishes of the child in making that determination.
SECTION 6. 48.207 (1) (f) of the statutes is amended to read:
48.207 (1) (f) The home of a person not a relative or like-kin, if the placement
does not exceed 30 days, though the placement may be extended for an additional 30
days for cause by the court, and if the person has not had a license under s. 48.62
refused, revoked, or suspended within the last 2 years.
SECTION 7. 48.33 (4) (intro.) of the statutes is amended to read:
48.33 (4) OTHER OUT-OF-HOME PLACEMENTS. (intro.) A report recommending
placement of an adult expectant mother outside of her home shall be in writing. A
report recommending placement of a child in a foster home, group home, or
residential care center for children and youth, in the home of a relative other than
a parent, in the home of like-kin, in the home of a guardian under s. 48.977 (2), or
in a supervised independent living arrangement shall be in writing and shall include
all of the following:
SECTION 8. 48.335 (3g) (intro.) of the statutes is amended to read:
48.335 (3g) (intro.) At hearings under this section, if the agency, as defined in
s. 48.38 (1) (a), is recommending placement of the child in a foster home, group home,
or residential care center for children and youth, in the home of a relative other than
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a parent, in the home of like-kin, in the home of a guardian under s. 48.977 (2), or
in a supervised independent living arrangement, the agency shall present as
evidence specific information showing all of the following:
SECTION 9. 48.335 (3j) (intro.) of the statutes is amended to read:
48.335 (3j) (intro.) At hearings under this section involving an Indian child, if
the agency, as defined in s. 48.38 (1) (a), is recommending removal of the Indian child
from the home of his or her parent or Indian custodian and placement of the Indian
child in a foster home, group home, or residential care center for children and youth
or in the home of a relative other than a parent or in the home of like-kin, the agency
shall present as evidence specific information showing all of the following:
SECTION 10. 48.345 (3) (a) (intro.) of the statutes is amended to read:
48.345 (3) (a) (intro.) The home of a parent or, other relative, or like-kin of the
child, except that the judge may not designate any of the following as the child's
placement, unless the judge determines by clear and convincing evidence that the
placement would be in the best interests of the child or, in the case of an Indian child,
the best interests of the Indian child as described in s. 48.01 (2):
SECTION 11. 48.345 (3) (a) 1. of the statutes is amended to read:
48.345 (3) (a) 1. The home of a parent or, other relative, or like-kin if the parent
or, other relative, or like-kin has been convicted under s. 940.01 of the first-degree
intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
a parent of the child, and the conviction has not been reversed, set aside, or vacated.
In determining whether a placement under this subdivision would be in the best
interests of the child, the judge shall consider the wishes of the child.
SECTION 12. 48.345 (3) (a) 2. of the statutes is amended to read:
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48.345 (3) (a) 2. The home of a relative other than the parent of a child or the
home of like-kin if the judge finds that the relative or like-kin has been convicted
of, has pleaded no contest to, or has had a charge dismissed or amended as a result
of a plea agreement for a crime under s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5)
(a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085,
948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215, 948.30, or 948.53, or a similar
law of another state.
SECTION 13. 48.345 (4) (a) of the statutes is amended to read:
48.345 (4) (a) A relative or like-kin of the child.
SECTION 14. 48.355 (4) (b) (intro.) of the statutes is amended to read:
48.355 (4) (b) (intro.) Except as provided under s. 48.368, an order under this
section or s. 48.357 or 48.365 made before the child reaches 18 years of age that places
or continues the placement of the child in a foster home, group home, or residential
care center for children and youth, in the home of a relative other than a parent, in
the home of like-kin, or in a supervised independent living arrangement shall
terminate on the latest of the following dates, unless the judge specifies a shorter
period or the judge terminates the order sooner:
SECTION 15. 48.366 (1) (a) of the statutes is amended to read:
48.366 (1) (a) The person is placed in a foster home, group home, or residential
care center for children and youth, in the home of a relative other than a parent, in
the home of like-kin, or in a supervised independent living arrangement under an
order under s. 48.355, 48.357, or 48.365 that terminates as provided in s. 48.355 (4)
(b) 1., 2., or 3., 48.357 (6) (a) 1., 2., or 3., or 48.365 (5) (b) 1., 2., or 3. on or after the
person attains 18 years of age.
SECTION 16. 48.371 (1) (intro.) of the statutes is amended to read:
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SECTION 16 ASSEMBLY BILL 557
48.371 (1) (intro.) If a child is placed in a foster home, group home, or
residential care center for children and youth or in the home of a relative other than
a parent or in the home of like-kin, including a placement under s. 48.205 or 48.21,
the agency, as defined in s. 48.38 (1) (a), that placed the child or arranged for the
placement of the child shall provide the following information to the foster parent,
relative, like-kin, or operator of the group home or residential care center for
children and youth at the time of placement or, if the information has not been
provided to the agency by that time, as soon as possible after the date on which the
agency receives that information, but not more than 2 working days after that date:
SECTION 17. 48.371 (1) (a) of the statutes is amended to read:
48.371 (1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the child,
as provided under s. 252.15 (3m) (d) 15., including results included in a court report
or permanency plan. At the time that the HIV test results are provided, the agency
shall notify the foster parent, relative, like-kin, or operator of the group home or
residential care center for children and youth of the confidentiality requirements
under s. 252.15 (6).
SECTION 18. 48.371 (3) (intro.) of the statutes is amended to read:
48.371 (3) (intro.) At the time of placement of a child in a foster home, group
home, or residential care center for children and youth or in the home of a relative
other than a parent or in the home of like-kin or, if the information is not available
at that time, as soon as possible after the date on which the court report or
permanency plan has been submitted, but no later than 7 days after that date, the
agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency
plan shall provide to the foster parent, relative, like-kin, or operator of the group
home or residential care center for children and youth information contained in the
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court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2), or 48.837
(4) (c) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5)
(c), 48.63 (4) or (5) (c), or 48.831 (4) (e) relating to findings or opinions of the court or
agency that prepared the court report or permanency plan relating to any of the
following:
SECTION 19. 48.371 (3) (d) of the statutes is amended to read:
48.371 (3) (d) Any involvement of the child, whether as victim or perpetrator,
in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or
948.085, prostitution in violation of s. 944.30 (1m), trafficking in violation of s.
940.302 (2) if s. 940.302 (2) (a) 1. b. applies, sexual exploitation of a child in violation
of s. 948.05, trafficking of a child in violation of s. 948.051, or causing a child to view
or listen to sexual activity in violation of s. 948.055, if the information is necessary
for the care of the child or for the protection of any person living in the foster home,
group home, or residential care center for children and youth or in the home of the
relative or like-kin.
SECTION 20. 48.371 (5) of the statutes is amended to read:
48.371 (5) Except as permitted under s. 252.15 (6), a foster parent, relative,
like-kin, or operator of a group home or residential care center for children and youth
that receives any information under sub. (1) or (3), other than the information
described in sub. (3) (e), shall keep the information confidential and may disclose that
information only for the purposes of providing care for the child or participating in
a court hearing or permanency review concerning the child.
SECTION 21. 48.38 (2) (intro.) of the statutes is amended to read:
48.38 (2) PERMANENCY PLAN REQUIRED. (intro.) Except as provided in sub. (3),
for each child living in a foster home, group home, residential care center for children
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and youth, juvenile detention facility, shelter care facility, qualifying residential
family-based treatment facility with a parent, or supervised independent living
arrangement, the agency that placed the child or arranged the placement or the
agency assigned primary responsibility for providing services to the child under s.
48.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following
conditions exists, and, for each child living in the home of a guardian or, a relative
other than a parent, or like-kin, that agency shall prepare a written permanency
plan, if any of the conditions specified in pars. (a) to (e) exists:
SECTION 22. 48.38 (3m) (a) of the statutes is amended to read:
48.38 (3m) (a) All appropriate biological family members, relatives, and
like-kin of the child, as determined by the agency. Notwithstanding s. 48.02 (12c),
in this paragraph, “like-kin” may include an individual who is or previously was the
child's licensed foster parent.
SECTION 23. 48.38 (4) (f) (intro.) of the statutes is amended to read:
48.38 (4) (f) (intro.) A description of the services that will be provided to the
child, the child's family, and the child's foster parent, the operator of the facility
where the child is living, or the relative or like-kin with whom the child is living to
carry out the dispositional order, including services planned to accomplish all of the
following:
SECTION 24. 48.38 (4m) (b) of the statutes is amended to read:
48.38 (4m) (b) At least 10 days before the date of the hearing the court shall
notify the child; any parent, guardian, and legal custodian of the child; any foster
parent, or other physical custodian described in s. 48.62 (2) of the child, the operator
of the facility in which the child is living, or the relative or like-kin with whom the
child is living; and, if the child is an Indian child, the Indian child's Indian custodian
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and tribe of the time, place, and purpose of the hearing, of the issues to be determined
at the hearing, and of the fact that they shall have a right to be heard at the hearing.
SECTION 25. 48.38 (4m) (d) of the statutes is amended to read:
48.38 (4m) (d) The court shall give a foster parent, other physical custodian
described in s. 48.62 (2), operator of a facility, or relative, or like-kin who is notified
of a hearing under par. (b) a right to be heard at the hearing by permitting the foster
parent, other physical custodian, operator, or relative, or like-kin to make a written
or oral statement during the hearing, or to submit a written statement prior to the
hearing, relevant to the issues to be determined at the hearing. The foster parent,
other physical custodian, operator of a facility, or relative, or like-kin does not
become a party to the proceeding on which the hearing is held solely on the basis of
receiving that notice and right to be heard.
SECTION 26. 48.38 (5) (b) of the statutes is amended to read:
48.38 (5) (b) The court or the agency shall notify the child; the child's parent,
guardian, and legal custodian; the child's foster parent, the operator of the facility
in which the child is living, or the relative or like-kin with whom the child is living;
and, if the child is an Indian child who is placed outside the home of his or her parent
or Indian custodian, the Indian child's Indian custodian and tribe of the time, place,
and purpose of the review, of the issues to be determined as part of the review, and
of the fact that they shall have a right to be heard at the review as provided in par.
(bm) 1. The court or agency shall notify the person representing the interests of the
public, the child's counsel, the child's guardian ad litem, the child's court-appointed
special advocate, and the child's school of the time, place, and purpose of the review,
of the issues to be determined as part of the review, and of the fact that they may have
an opportunity to be heard at the review as provided in par. (bm) 1. The notices under
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this paragraph shall be provided in writing not less than 30 days before the review
and copies of the notices shall be filed in the child's case record. The notice to the
child's school shall also include the name and contact information for the caseworker
or social worker assigned to the child's case.
SECTION 27. 48.38 (5) (bm) 1. of the statutes is amended to read:
48.38 (5) (bm) 1. A child, parent, guardian, legal custodian, foster parent,
operator of a facility, or relative, or like-kin who is provided notice of the review
under par. (b) shall have a right to be heard at the review by submitting written
comments relevant to the determinations specified in par. (c) not less than 10
working days before the date of the review or by participating at the review. A person
representing the interests of the public, counsel, guardian ad litem, court-appointed
special advocate, or school who is provided notice of the review under par. (b) may
have an opportunity to be heard at the review by submitting written comments
relevant to the determinations specified in par. (c) not less than 10 working days
before the date of the review. A foster parent, operator of a facility, or relative, or
like-kin who receives notice of a review under par. (b) and a right to be heard under
this subdivision does not become a party to the proceeding on which the review is held
solely on the basis of receiving that notice and right to be heard.
SECTION 28. 48.38 (5) (e) of the statutes is amended to read:
48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
the determinations under par. (c) and shall provide a copy to the court that entered
the order; the child or the child's counsel or guardian ad litem; the person
representing the interests of the public; the child's parent, guardian, or legal
custodian; the child's court-appointed special advocate; the child's foster parent, the
operator of the facility where the child is living, or the relative or like-kin with whom
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the child is living; and, if the child is an Indian child who is placed outside the home
of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe.
SECTION 29. 48.38 (5m) (b) of the statutes is amended to read:
48.38 (5m) (b) The court shall notify the child; the child's parent, guardian, and
legal custodian; and the child's foster parent, the operator of the facility in which the
child is living, or the relative or like-kin with whom the child is living of the time,
place, and purpose of the hearing, of the issues to be determined at the hearing, and
of the fact that they shall have a right to be heard at the hearing as provided in par.
(c) 1. The court shall notify the child's counsel, the child's guardian ad litem, and the
child's court-appointed special advocate; the agency that prepared the permanency
plan; the child's school; the person representing the interests of the public; and, if the
child is an Indian child who is placed outside the home of his or her parent or Indian
custodian, the Indian child's Indian custodian and tribe of the time, place, and
purpose of the hearing, of the issues to be determined at the hearing, and of the fact
that they may have an opportunity to be heard at the hearing as provided in par. (c)
1. The notices under this paragraph shall be provided in writing not less than 30
days before the hearing. The notice to the child's school shall also include the name
and contact information for the caseworker or social worker assigned to the child's
case.
SECTION 30. 48.38 (5m) (c) 1. of the statutes is amended to read:
48.38 (5m) (c) 1. A child, parent, guardian, legal custodian, foster parent,
operator of a facility, or relative, or like-kin who is provided notice of the hearing
under par. (b) shall have a right to be heard at the hearing by submitting written
comments relevant to the determinations specified in sub. (5) (c) not less than 10
working days before the date of the hearing or by participating at the hearing. A
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counsel, guardian ad litem, court-appointed special advocate, agency, school, or
person representing the interests of the public who is provided notice of the hearing
under par. (b) may have an opportunity to be heard at the hearing by submitting
written comments relevant to the determinations specified in sub. (5) (c) not less
than 10 working days before the date of the hearing or by participating at the
hearing. A foster parent, operator of a facility, or relative, or like-kin who receives
notice of a hearing under par. (b) and a right to be heard under this subdivision does
not become a party to the proceeding on which the hearing is held solely on the basis
of receiving that notice and right to be heard.
SECTION 31. 48.38 (5m) (e) of the statutes is amended to read:
48.38 (5m) (e) After the hearing, the court shall make written findings of fact
and conclusions of law relating to the determinations under sub. (5) (c) and shall
provide a copy of those findings of fact and conclusions of law to the child; the child's
parent, guardian, and legal custodian; the child's foster parent, the operator of the
facility in which the child is living, or the relative or like-kin with whom the child
is living; the child's court-appointed special advocate; the agency that prepared the
permanency plan; the person representing the interests of the public; and, if the child
is an Indian child who is placed outside the home of his or her parent or Indian
custodian, the Indian child's Indian custodian and tribe. The court shall make the
findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances
specific to the child and shall document or reference the specific information on
which those findings are based in the findings of fact and conclusions of law prepared
under this paragraph. Findings of fact and conclusions of law that merely reference
sub. (5) (c) 7. without documenting or referencing that specific information in the
findings of fact and conclusions of law or amended findings of fact and conclusions
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of law that retroactively correct earlier findings of fact and conclusions of law that
do not comply with this paragraph are not sufficient to comply with this paragraph.
SECTION 32. 48.385 (intro.) of the statutes is amended to read:
48.385 Plan for transition to independent living. (intro.) During the 90
days immediately before a child who is placed in a foster home, group home, or
residential care center for children and youth, in the home of a relative other than
a parent, in the home of like-kin, or in a supervised independent living arrangement
attains 18 years of age or, if the child is placed in such a placement under an order
under s. 48.355, 48.357, or 48.365 that terminates under s. 48.355 (4) (b) after the
child attains 18 years of age or under a voluntary transition-to-independent-living
agreement under s. 48.366 (3) that terminates under s. 48.366 (3) (a) after the child
attains 18 years of age, during the 90 days immediately before the termination of the
order or agreement, the agency primarily responsible for providing services to the
child under the order or agreement shall do all of the following:
SECTION 33. 48.40 (1m) of the statutes is amended to read:
48.40 (1m) “Kinship care relative provider" means a person receiving
payments under s. 48.57 (3m) (am) for providing care and maintenance for a child.
SECTION 34. 48.427 (3m) (a) 5. of the statutes is amended to read:
48.427 (3m) (a) 5. A relative with whom the child resides, if the relative has
filed a petition to adopt the child or if the relative is a kinship care relative provider
or is receiving payments under s. 48.62 (4) for providing care and maintenance for
the child.
SECTION 35. 48.43 (5) (b) 1. of the statutes is amended to read:
48.43 (5) (b) 1. The court shall hold a hearing to review the permanency plan
within 30 days after receiving a report under par. (a). At least 10 days before the date
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SECTION 35 ASSEMBLY BILL 557
of the hearing, the court shall provide notice of the time, place, and purpose of the
hearing to the agency that prepared the report, the child's guardian, the child, and
the child's foster parent, the operator of the facility in which the child is living, or the
relative or like-kin with whom the child is living.
SECTION 36. 48.43 (5) (b) 3. of the statutes is amended to read:
48.43 (5) (b) 3. The court shall give a foster parent, operator of a facility, or
relative or like-kin who is notified of a hearing under subd. 1. a right to be heard at
the hearing by permitting the foster parent, operator, or relative or like-kin to make
a written or oral statement during the hearing, or to submit a written statement
prior to the hearing, relevant to the issues to be determined at the hearing. The foster
parent, operator of a facility, or relative or like-kin does not become a party to the
proceeding on which the hearing is held solely on the basis of receiving that notice
and right to be heard.
SECTION 37. 48.43 (5m) of the statutes is amended to read:
48.43 (5m) Either the court or the agency that prepared the permanency plan
shall furnish a copy of the original plan and each revised plan to the child, if he or
she is 12 years of age or over, to the child's guardian, to the child's foster parent, the
operator of the facility in which the child is living, or the relative or like-kin with
whom the child is living, and, if the order under sub. (1) involuntarily terminated
parental rights to an Indian child, to the Indian child's tribe.
SECTION 38. 48.57 (3m) (a) 1. b. of the statutes is amended to read:
48.57 (3m) (a) 1. b. The person is under 21 years of age, the person is a full-time
student in good academic standing at a secondary school or its vocational or technical
equivalent, an individualized education program under s. 115.787 is in effect for the
person, and the person is placed in the home of the kinship care relative provider
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under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that
terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years
of age or under a voluntary transition-to-independent-living agreement under s.
48.366 (3) or 938.366 (3).
SECTION 39. 48.57 (3m) (a) 2. of the statutes is amended to read:
48.57 (3m) (a) 2. “Kinship care relative provider" means a relative other than
a parent, an extended family member, as defined in s. 48.028 (2) (am), or like-kin.
SECTION 40. 48.57 (3m) (am) (intro.) of the statutes, as affected by Wisconsin
Act 19, is amended to read:
48.57 (3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
(me), and (s), the department shall reimburse counties having populations of less
than 750,000 for payments made under this subsection and shall make payments
under this subsection in a county having a population of 750,000 or more. Subject
to par. (ap), a county department and, in a county having a population of 750,000 or
more, the department shall make payments per month in the amount of $375
beginning on January 1, 2024, to a kinship care relative provider who is providing
care and maintenance for a child if all of the following conditions are met:
SECTION 41. 48.57 (3m) (am) 1. of the statutes is amended to read:
48.57 (3m) (am) 1. The kinship care relative provider applies to the county
department or department for payments under this subsection and, if the child is
placed in the home of the kinship care relative provider under a court order, other
than a court order under s. 48.9795 or ch. 54, 2017 stats., for a license to operate a
foster home.
SECTION 42. 48.57 (3m) (am) 1m. of the statutes is amended to read:
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48.57 (3m) (am) 1m. The county department or department determines that
there is a need for the child to be placed with the kinship care relative provider and
that the placement with the kinship care relative provider is in the best interests of
the child.
SECTION 43. 48.57 (3m) (am) 4. of the statutes is amended to read:
48.57 (3m) (am) 4. The county department or department conducts a
background investigation under sub. (3p) of the kinship care relative provider, any
employee and prospective employee of the kinship care relative provider who has or
would have regular contact with the child for whom the payments would be made and
any other adult resident of the kinship care relative's provider's home to determine
if the kinship care relative provider, employee, prospective employee or adult
resident has any arrests or convictions that could adversely affect the child or the
kinship care relative's provider's ability to care for the child.
SECTION 44. 48.57 (3m) (am) 4m. of the statutes is amended to read:
48.57 (3m) (am) 4m. Subject to sub. (3p) (fm) 1. and 2., the kinship care relative
provider states that he or she does not have any arrests or convictions that could
adversely affect the child or the kinship care relative's provider's ability to care for
the child and that no adult resident, as defined in sub. (3p) (a), and no employee or
prospective employee of the kinship care relative provider who would have regular
contact with the child has any arrests or convictions that could adversely affect the
child or the kinship care relative's provider's ability to care for the child.
SECTION 45. 48.57 (3m) (am) 5. of the statutes is amended to read:
48.57 (3m) (am) 5. The kinship care relative provider cooperates with the
county department or department in the application process, including applying for
other forms of assistance for which the child may be eligible.
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SECTION 46. 48.57 (3m) (am) 5m. of the statutes is amended to read:
48.57 (3m) (am) 5m. The kinship care relative provider is not receiving
payments under sub. (3n) with respect to the child.
SECTION 47. 48.57 (3m) (am) 6. of the statutes is amended to read:
48.57 (3m) (am) 6. The child for whom the kinship care relative provider is
providing care and maintenance is not receiving supplemental security income
under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.
SECTION 48. 48.57 (3m) (ap) 1. of the statutes is amended to read:
48.57 (3m) (ap) 1. Subject to subds. 2. and 3., the county department or, in a
county having a population of 750,000 or more, the department may make payments
under par. (am) to a kinship care relative provider who is providing care and
maintenance for a child who is placed in the home of the kinship care relative
provider under a court order for no more than 60 days after the date on which the
county department or department received under par. (am) 1. the completed
application of the kinship care relative provider for a license to operate a foster home
or, if the application is approved or denied or the kinship care relative provider is
otherwise determined to be ineligible for licensure within those 60 days, until the
date on which the application is approved or denied or the kinship care relative
provider is otherwise determined to be ineligible for licensure.
SECTION 49. 48.57 (3m) (ap) 2. of the statutes is amended to read:
48.57 (3m) (ap) 2. If the application specified in subd. 1. is not approved or
denied or the kinship care relative provider is not otherwise determined to be
ineligible for licensure within 60 days after the date on which the county department
or department received the completed application for any reason other than an act
or omission of the kinship care relative provider, the county department or
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SECTION 49 ASSEMBLY BILL 557
department may make payments under par. (am) for 4 months after the date on
which the county department or department received the completed application or,
if the application is approved or denied or the kinship care relative provider is
otherwise determined to be ineligible for licensure within those 4 months, until the
date on which the application is approved or denied or the kinship care relative
provider is otherwise determined to be ineligible for licensure.
SECTION 50. 48.57 (3m) (ap) 3. of the statutes is amended to read:
48.57 (3m) (ap) 3. Notwithstanding that an application of a kinship care
relative provider specified in subd. 1. is denied or the kinship care relative provider
is otherwise determined to be ineligible for licensure, the county department or, in
a county having a population of 750,000 or more, the department may make
payments under par. (am) to the kinship care relative provider for as long as the
conditions specified in par. (am) 1. to 6. continue to apply if the county department
or department submits to the court information relating to the background
investigation specified in par. (am) 4., an assessment of the safety of the kinship care
relative's provider's home and the ability of the kinship care relative provider to care
for the child, and a recommendation that the child remain in the home of the kinship
care relative provider and the court, after considering that information, assessment,
and recommendation, orders the child to remain in the kinship care relative's
provider's home. If the court does not order the child to remain in the kinship care
relative's provider's home, the court shall order the county department or
department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1)
(am). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request
a change in placement.
SECTION 51. 48.57 (3m) (b) 2. of the statutes is amended to read:
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48.57 (3m) (b) 2. When any kinship care relative provider of a child applies for
or receives payments under this subsection, any right of the child or the child's parent
to support or maintenance from any other person accruing during the time that
payments are made under this subsection is assigned to the state. If a child who is
the beneficiary of a payment under this subsection is also the beneficiary of support
under a judgment or order that includes support for one or more children who are not
the beneficiaries of payments under this subsection, any support payment made
under the judgment or order is assigned to the state in the amount that is the
proportionate share of the child who is the beneficiary of the payment made under
this subsection, except as otherwise ordered by the court on the motion of a party.
SECTION 52. 48.57 (3m) (cm) of the statutes is amended to read:
48.57 (3m) (cm) A kinship care relative provider who receives a payment under
par. (am) for providing care and maintenance for a child is not eligible to receive a
payment under sub. (3n) or s. 48.62 (4) or 48.623 (1) or (6) for that child.
SECTION 53. 48.57 (3m) (h) of the statutes is amended to read:
48.57 (3m) (h) A county department or, in a county having a population of
750,000 or more, the department may recover an overpayment made under par. (am)
from a kinship care relative provider who continues to receive payments under par.
(am) by reducing the amount of the kinship care relative's provider's monthly
payment. The department may by rule specify other methods for recovering
overpayments made under par. (am). A county department that recovers an
overpayment under this paragraph due to the efforts of its officers and employees
may retain a portion of the amount recovered, as provided by the department by rule.
SECTION 54. 48.57 (3m) (i) 1. of the statutes is amended to read:
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48.57 (3m) (i) 1. Rules to provide assessment criteria for determining whether
a kinship care relative provider who is providing care and maintenance for a child
is eligible to receive payments under par. (am). The rules shall also provide that any
criteria established under the rules shall first apply to applications for payments
under par. (am) received, and to reviews under par. (d) conducted, on the effective
date of those rules.
SECTION 55. 48.57 (3n) (a) 1. b. of the statutes is amended to read:
48.57 (3n) (a) 1. b. The person is under 21 years of age, the person is a full-time
student in good academic standing at a secondary school or its vocational or technical
equivalent, an individualized education program under s. 115.787 is in effect for the
person, and the person is placed in the home of the long-term kinship care relative
provider under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365
that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains
18 years of age or under a voluntary transition-to-independent-living agreement
under s. 48.366 (3) or 938.366 (3).
SECTION 56. 48.57 (3n) (a) 2. of the statutes is amended to read:
48.57 (3n) (a) 2. “Long-term kinship care relative provider" means a relative
other than a parent, an extended family member, as defined in s. 48.028 (2) (am), or
like-kin.
SECTION 57. 48.57 (3n) (am) (intro.) of the statutes, as affected by Wisconsin
Act 19, is amended to read:
48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
(me), and (s), the department shall reimburse counties having populations of less
than 750,000 for payments made under this subsection and shall make payments
under this subsection in a county having a population of 750,000 or more. Subject
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to par. (ap), a county department and, in a county having a population of 750,000 or
more, the department shall make monthly payments for each child per month in the
amount of $375 beginning on January 1, 2024, to a long-term kinship care relative
provider who is providing care and maintenance for that child if all of the following
conditions are met:
SECTION 58. 48.57 (3n) (am) 1. of the statutes is amended to read:
48.57 (3n) (am) 1. The long-term kinship care relative provider applies to the
county department or department for payments under this subsection, provides
proof that he or she has been appointed as the guardian of the child, and, if the child
is placed in the home of the long-term kinship care relative provider under a court
order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., applies to the
county department or department for a license to operate a foster home.
SECTION 59. 48.57 (3n) (am) 2. of the statutes is amended to read:
48.57 (3n) (am) 2. The county department or department inspects the
long-term kinship care relative's provider's home, interviews the long-term kinship
care relative provider and determines that long-term placement with the long-term
kinship care relative provider is in the best interests of the child.
SECTION 60. 48.57 (3n) (am) 4. of the statutes is amended to read:
48.57 (3n) (am) 4. The county department or department conducts a
background investigation under sub. (3p) of the long-term kinship care relative
provider, the employees and prospective employees of the long-term kinship care
relative provider who have or would have regular contact with the child for whom the
payments would be made and any other adult resident, as defined in sub. (3p) (a),
of the long-term kinship care relative's provider's home to determine if the
long-term kinship care relative provider, employee, prospective employee or adult
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resident has any arrests or convictions that are likely to adversely affect the child or
the long-term kinship care relative's provider's ability to care for the child.
SECTION 61. 48.57 (3n) (am) 4m. of the statutes is amended to read:
48.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term
kinship care relative provider states that he or she does not have any arrests or
convictions that could adversely affect the child or the long-term kinship care
relative's provider's ability to care for the child and that, to the best of the long-term
kinship care relative's provider's knowledge, no adult resident, as defined in sub. (3p)
(a), and no employee or prospective employee of the long-term kinship care relative
provider who would have regular contact with the child has any arrests or
convictions that could adversely affect the child or the long-term kinship care
relative's provider's ability to care for the child.
SECTION 62. 48.57 (3n) (am) 5. of the statutes is amended to read:
48.57 (3n) (am) 5. The long-term kinship care relative provider cooperates
with the county department or department in the application process, including
applying for other forms of assistance for which the child may be eligible.
SECTION 63. 48.57 (3n) (am) 5m. of the statutes is amended to read:
48.57 (3n) (am) 5m. The long-term kinship care relative provider is not
receiving payments under sub. (3m) with respect to the child.
SECTION 64. 48.57 (3n) (am) 5r. of the statutes is amended to read:
48.57 (3n) (am) 5r. The child for whom the long-term kinship care relative
provider is providing care and maintenance is not receiving supplemental security
income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.
SECTION 65. 48.57 (3n) (am) 6. (intro.) of the statutes is amended to read:
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48.57 (3n) (am) 6. (intro.) The long-term kinship care relative provider and the
county department or department enter into a written agreement under which the
long-term kinship care relative provider agrees to provide care and maintenance for
the child and the county department or department agrees, subject to sub. (3p) (hm),
to make monthly payments to the long-term kinship care relative provider at the
rate specified in sub. (3m) (am) (intro.) until the earliest of the following:
SECTION 66. 48.57 (3n) (am) 6. c. of the statutes is amended to read:
48.57 (3n) (am) 6. c. The date on which the child is placed outside the long-term
kinship care relative's provider's home under a court order or under a voluntary
agreement under s. 48.63 (1) (a) or (b) or (5) (b).
SECTION 67. 48.57 (3n) (am) 6. d. of the statutes is amended to read:
48.57 (3n) (am) 6. d. The date on which the child ceases to reside with the
long-term kinship care relative provider.
SECTION 68. 48.57 (3n) (am) 6. e. of the statutes is amended to read:
48.57 (3n) (am) 6. e. The date on which the long-term kinship care's care
provider's guardianship under s. 48.977 terminates.
SECTION 69. 48.57 (3n) (ap) 1. of the statutes is amended to read:
48.57 (3n) (ap) 1. Subject to subds. 2. and 3., the county department or, in a
county having a population of 750,000 or more, the department may make payments
under par. (am) to a long-term kinship care relative provider who is providing care
and maintenance for a child who is placed in the home of the long-term kinship care
relative provider for no more than 60 days after the date on which the county
department or department received under par. (am) 1. the completed application of
the long-term kinship care relative provider for a license to operate a foster home or,
if the application is approved or denied or the long-term kinship care relative
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provider is otherwise determined to be ineligible for licensure within those 60 days,
until the date on which the application is approved or denied or the long-term
kinship care relative provider is otherwise determined to be ineligible for licensure.
SECTION 70. 48.57 (3n) (ap) 2. of the statutes is amended to read:
48.57 (3n) (ap) 2. If the application specified in subd. 1. is not approved or
denied or the long-term kinship care relative provider is not otherwise determined
to be ineligible for licensure within 60 days after the date on which the county
department or department received the completed application for any reason other
than an act or omission of the long-term kinship care relative provider, the county
department or department may make payments under par. (am) for 4 months after
the date on which the county department or department received the completed
application or, if the application is approved or denied or the long-term kinship care
relative provider is otherwise determined to be ineligible for licensure within those
4 months, until the date on which the application is approved or denied or the
long-term kinship care relative provider is otherwise determined to be ineligible for
licensure.
SECTION 71. 48.57 (3n) (ap) 3. of the statutes is amended to read:
48.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship
care relative provider specified in subd. 1. is denied or the long-term kinship care
relative provider is otherwise determined to be ineligible for licensure, the county
department or, in a county having a population of 750,000 or more, the department
may make payments under par. (am) to the long-term kinship care relative provider
until an event specified in par. (am) 6. a. to f. occurs if the county department or
department submits to the court information relating to the background
investigation specified in par. (am) 4., an assessment of the safety of the long-term
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kinship care relative's provider's home and the ability of the long-term kinship care
relative provider to care for the child, and a recommendation that the child remain
in the home of the long-term kinship care relative provider and the court, after
considering that information, assessment, and recommendation, orders the child to
remain in the long-term kinship care relative's provider's home. If the court does not
order the child to remain in the kinship care relative's provider's home, the court
shall order the county department or department to request a change in placement
under s. 48.357 (1) (am) or 938.357 (1) (am) or to request a termination of the
guardianship order under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or
938.357 (2m) (a) may also request a change in placement and any person who is
authorized to file a petition for the appointment of a guardian for the child may also
request a termination of the guardianship order.
SECTION 72. 48.57 (3n) (b) 2. of the statutes is amended to read:
48.57 (3n) (b) 2. When any long-term kinship care relative provider of a child
applies for or receives payments under this subsection, any right of the child or the
child's parent to support or maintenance from any other person accruing during the
time that payments are made under this subsection is assigned to the state. If a child
is the beneficiary of support under a judgment or order that includes support for one
or more children who are not the beneficiaries of payments under this subsection,
any support payment made under the judgment or order is assigned to the state in
the amount that is the proportionate share of the child who is the beneficiary of the
payment made under this subsection, except as otherwise ordered by the court on the
motion of a party.
SECTION 73. 48.57 (3n) (cm) of the statutes is amended to read:
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48.57 (3n) (cm) A long-term kinship care relative provider who receives a
payment under par. (am) for providing care and maintenance for a child is not eligible
to receive a payment under sub. (3m) or s. 48.62 (4) or 48.623 (1) or (6) for that child.
SECTION 74. 48.57 (3n) (h) of the statutes is amended to read:
48.57 (3n) (h) A county department or, in a county having a population of
750,000 or more, the department may recover an overpayment made under par. (am)
from a long-term kinship care relative provider who continues to receive payments
under par. (am) by reducing the amount of the long-term kinship care relative's
provider's monthly payment. The department may by rule specify other methods for
recovering overpayments made under par. (am). A county department that recovers
an overpayment under this paragraph due to the efforts of its officers and employees
may retain a portion of the amount recovered, as provided by the department by rule.
SECTION 75. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:
48.57 (3p) (h) 3. (intro.) The director of the county department, the person
designated by the governing body of an Indian tribe or, in a county having a
population of 750,000 or more, the person designated by the secretary shall review
the denial of payments or the prohibition on employment or being an adult resident
to determine if the conviction record on which the denial or prohibition is based
includes any arrests, convictions, or penalties that are likely to adversely affect the
child or the ability of the kinship care relative provider to care for the child. In
reviewing the denial or prohibition, the director of the county department, the person
designated by the governing body of the Indian tribe or the person designated by the
secretary shall consider all of the following factors:
SECTION 76. 48.57 (3p) (h) 3. b. of the statutes is amended to read:
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48.57 (3p) (h) 3. b. The nature of the violation or penalty and how that violation
or penalty affects the ability of the kinship care relative provider to care for the child.
SECTION 77. 48.57 (3p) (h) 4. of the statutes is amended to read:
48.57 (3p) (h) 4. If the director of the county department, the person designated
by the governing body of the Indian tribe or, in a county having a population of
750,000 or more, the person designated by the secretary determines that the
conviction record on which the denial of payments or the prohibition on employment
or being an adult resident is based does not include any arrests, convictions, or
penalties that are likely to adversely affect the child or the ability of the kinship care
relative provider to care for the child, the director of the county department, the
person designated by the governing body of the Indian tribe, or the person designated
by the secretary may approve the making of payments under sub. (3m) or may permit
a person receiving payments under sub. (3m) to employ a person in a position in
which that person would have regular contact with the child for whom payments are
being made or permit a person to be an adult resident.
SECTION 78. 48.60 (2) (a) of the statutes is amended to read:
48.60 (2) (a) A relative or like-kin, guardian, or person delegated care and
custody of a child under s. 48.979 who provides care and maintenance for such
children.
SECTION 79. 48.62 (2) of the statutes is amended to read:
48.62 (2) A relative or like-kin, a guardian of a child, or a person delegated care
and custody of a child under s. 48.979 who provides care and maintenance for the
child is not required to obtain the license specified in this section. The department,
county department, or licensed child welfare agency as provided in s. 48.75 may issue
a license to operate a foster home to a relative or like-kin who has no duty of support
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under s. 49.90 (1) (a) and who requests a license to operate a foster home for a specific
child who is either placed by court order or who is the subject of a voluntary
placement agreement under s. 48.63. The department, a county department, or a
licensed child welfare agency may, at the request of a guardian appointed under s.
48.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., license the
guardian's home as a foster home for the guardian's minor ward who is living in the
home and who is placed in the home by court order. Relatives and like-kin with no
duty of support and guardians appointed under s. 48.977, 48.978, or 48.9795, ch. 54,
2017 stats., or ch. 880, 2003 stats., who are licensed to operate foster homes are
subject to the department's licensing rules.
SECTION 80. 48.64 (1) of the statutes is amended to read:
48.64 (1) DEFINITION. In this section, “agency" means the department, the
department of corrections, a county department under s. 46.215, 46.22, or 46.23, or
a licensed child welfare agency authorized to place children in foster homes, group
homes, or shelter care facilities approved under s. 938.22 (2) (c) or, in the homes of
relatives other than a parent, or in the homes of like-kin.
SECTION 81. 48.64 (1m) of the statutes is amended to read:
48.64 (1m) OUT-OF-HOME CARE AGREEMENTS. If an agency places a child in a
foster home or group home or in the home of a relative other than a parent or in the
home of like-kin under a court order or places a child in a foster home, group home,
or shelter care facility approved under s. 938.22 (2) (c) under a voluntary agreement
under s. 48.63, the agency shall enter into a written agreement with the head of the
home or facility. The agreement shall provide that the agency shall have access at
all times to the child and the home or facility, and that the child will be released to
the agency whenever, in the opinion of the agency placing the child or the
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department, the best interests of the child require release to the agency. If a child
has been in a foster home or group home or in the home of a relative other than a
parent or in the home of like-kin for 6 months or more, the agency shall give the head
of the home written notice of intent to remove the child, stating the reasons for the
removal. The child may not be removed from a foster home, group home, or home of
a relative other than a parent or the home of like-kin before completion of the
hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice,
whichever is later, unless the safety of the child requires it or, in a case in which the
reason for removal is to place the child for adoption under s. 48.833, unless all of the
persons who have the right to request a hearing under sub. (4) (a) or (c) sign written
waivers of objection to the proposed removal. If the safety of the child requires earlier
removal, s. 48.19 applies. If an agency removes a child from an adoptive placement,
the head of the home shall have no claim against the placing agency for the expense
of care, clothing, or medical treatment.
SECTION 82. 48.64 (2) of the statutes is amended to read:
48.64 (2) SUPERVISION OF OUT-OF-HOME CARE PLACEMENTS. Every child who is
placed in a foster home, group home, or shelter care facility approved under s. 938.22
(2) (c) shall be under the supervision of an agency. Every child who is placed in the
home of a relative other than a parent or in the home of like-kin under a court order
shall be under the supervision of an agency.
SECTION 83. 48.64 (4) (a) of the statutes is amended to read:
48.64 (4) (a) Except as provided in par. (d), any decision or order issued by an
agency that affects the head of a foster home or group home, the head of the home
of a relative other than a parent or the home of like-kin in which a child is placed,
or the child involved may be appealed to the department under fair hearing
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procedures established under rules promulgated by the department. Upon receipt
of an appeal, the department shall give the head of the home reasonable notice and
an opportunity for a fair hearing. The department may make any additional
investigation that the department considers necessary. The department shall give
notice of the hearing to the head of the home and to the departmental subunit, county
department, or child welfare agency that issued the decision or order. Each person
receiving notice is entitled to be represented at the hearing. At all hearings
conducted under this paragraph, the head of the home, or a representative of the
head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2)
(a), to examine all documents and records to be used at the hearing at a reasonable
time before the date of the hearing as well as during the hearing, to bring witnesses,
to establish all pertinent facts and circumstances, and to question or refute any
testimony or evidence, including an opportunity to confront and cross-examine
adverse witnesses. The department shall grant a continuance for a reasonable
period of time when an issue is raised for the first time during a hearing. This
requirement may be waived with the consent of the parties. The decision of the
department shall be based exclusively on evidence introduced at the hearing. A
transcript of testimony and exhibits, or an official report containing the substance
of what transpired at the hearing, together with all papers and requests filed in the
proceeding, and the findings of the hearing examiner shall constitute the exclusive
record for decision by the department. The department shall make the record
available at any reasonable time and at an accessible place to the head of the home
or his or her representative. Decisions by the department shall specify the reasons
for the decision and identify the supporting evidence. No person participating in an
agency action being appealed may participate in the final administrative decision on
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that action. The department shall render its decision as soon as possible after the
hearing and shall send a certified copy of its decision to the head of the home and to
the departmental subunit, county department, or child welfare agency that issued
the decision or order. The decision shall be binding on all parties concerned.
SECTION 84. 48.64 (4) (c) of the statutes is amended to read:
48.64 (4) (c) Except as provided in par. (d), the circuit court for the county where
the dispositional order placing a child in a foster home or group home or in the home
of a relative other than a parent or in the home of like-kin was entered or the
voluntary agreement under s. 48.63 placing a child in a foster home or group home
was made has jurisdiction upon petition of any interested party over the child who
is placed in the foster home, group home, or home of the relative or like-kin. The
circuit court may call a hearing, at which the head of the home and the supervising
agency under sub. (2) shall be present, for the purpose of reviewing any decision or
order of that agency involving the placement and care of the child. If the child has
been placed in a foster home or in the home of a relative other than a parent or in the
home of like-kin, the foster parent or, relative, or like-kin may present relevant
evidence at the hearing. The petitioner has the burden of proving by clear and
convincing evidence that the decision or order issued by the agency is not in the best
interests of the child.
SECTION 85. 48.67 (4) (b) of the statutes is amended to read:
48.67 (4) (b) The training under par. (a) shall be available to a kinship care
relative provider, as defined in s. 48.40 (1m), upon request of the kinship care relative
provider.
SECTION 86. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:
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49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years
and the individual resides with his or her custodial parent or with a kinship care
relative provider under s. 48.57 (3m) or with a long-term kinship care relative
provider under s. 48.57 (3n) or is in a foster home licensed under s. 48.62, a subsidized
guardianship home under s. 48.623, a group home, or an independent living
arrangement supervised by an adult.
SECTION 87. 118.175 (1) of the statutes is amended to read:
118.175 (1) This section does not apply to a pupil who has a legal custodian, as
defined in s. 48.02 (11) or 938.02 (11), or who is cared for by a kinship care relative
provider, as defined in s. 48.57 (3m) (a) 2.
SECTION 88. 767.57 (1m) (cm) of the statutes is amended to read:
767.57 (1m) (cm) A kinship care relative provider or a long-term kinship care
relative provider of the child who is entitled to the support money has applied for or
is receiving kinship care payments or long-term kinship care payments for that child
and there is an assignment to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2. of the
child's right to the support money.
SECTION 89. 767.57 (2) of the statutes is amended to read:
767.57 (2) PROCEDURE IF RECIPIENT ON PUBLIC ASSISTANCE. If a party entitled to
maintenance or support, or both, is receiving public assistance under ch. 49, the
party may assign the party's right to support or maintenance to the county
department under s. 46.215, 46.22, or 46.23 granting the assistance. The assignment
shall be approved by order of the court granting the maintenance or support. The
assignment may not be terminated if there is a delinquency in the amount to be paid
to the assignee of maintenance and support previously ordered without the written
consent of the assignee or upon notice to the assignee and a hearing. When an
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assignment of maintenance or support, or both, has been approved by the order, the
assignee shall be deemed a real party in interest within s. 803.01 solely for the
purpose of securing payment of unpaid maintenance or support ordered to be paid,
by participating in proceedings to secure the payment of unpaid amounts.
Notwithstanding assignment under this subsection, and without further order of the
court, the department or its designee, upon receiving notice that a party or a minor
child of the parties is receiving aid under s. 48.645 or public assistance under ch. 49
or that a kinship care relative provider or long-term kinship care relative provider
of the minor child is receiving kinship care payments or long-term kinship care
payments for the minor child, shall forward all support assigned under s. 48.57 (3m)
(b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s.
48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19).
SECTION 90. 938.02 (12c) of the statutes is created to read:
938.02 (12c) “Like-kin” means an individual who has a significant emotional
relationship with a child or the child's family that is similar to a familial relationship
and who is not and has not previously been the child's licensed foster parent. For an
Indian child, “like-kin” includes individuals identified by the child's tribe according
to tribal tradition, custom or resolution, code, or law.
SECTION 91. 938.02 (15) of the statutes is amended to read:
938.02 (15) “Relative" means a parent, stepparent, brother, sister, stepbrother,
stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd
cousin, first cousin once removed, nephew, niece, uncle, aunt, stepuncle, stepaunt,
or any person of a preceding generation as denoted by the prefix of grand, great, or
great-great, whether by blood, marriage, or legal adoption, or the spouse of any
person named in this subsection, even if the marriage is terminated by death or
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divorce. For purposes of the application of s. 938.028 and the federal Indian Child
Welfare Act, 25 USC 1901 to 1963, “relative" includes an extended family member,
as defined in s. 938.028 (2) (a), whether by blood, marriage, or adoption, including
adoption under tribal law or custom. For purposes of placement of a juvenile,
“relative" also includes a parent of a sibling of the juvenile who has legal custody of
that sibling.
SECTION 92. 938.028 (2) (c) of the statutes is amended to read:
938.028 (2) (c) “Out-of-home care placement" means the removal of an Indian
juvenile from the home of his or her parent or Indian custodian for temporary
placement in a foster home, group home, residential care center for children and
youth, or shelter care facility, in the home of a relative other than a parent, in the
home of like-kin, or in the home of a guardian, from which placement the parent or
Indian custodian cannot have the juvenile returned upon demand. “Out-of-home
care placement" does not include an emergency change in placement under s.
938.357 (2) (b) or holding an Indian juvenile in custody under ss. 938.19 to 938.21.
SECTION 93. 938.207 (1) (b) of the statutes is amended to read:
938.207 (1) (b) The home of a relative or like-kin, except that a juvenile may
not be held in the home of a relative if the relative person who has been convicted
under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has
not been reversed, set aside or vacated, unless the person making the custody
decision determines by clear and convincing evidence that the placement would be
in the best interests of the juvenile. The person making the custody decision shall
consider the wishes of the juvenile in making that determination.
SECTION 94. 938.207 (1) (f) of the statutes is amended to read:
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938.207 (1) (f) The home of a person not a relative or like-kin if the person has
not had a license under s. 48.62 refused, revoked, or suspended within the previous
2 years. A placement under this paragraph may not exceed 30 days, unless the
placement is extended by the court for cause for an additional 30 days.
SECTION 95. 938.33 (4) (intro.) of the statutes is amended to read:
938.33 (4) OTHER OUT-OF-HOME PLACEMENTS. (intro.) A report recommending
placement in a foster home, group home, or nonsecured residential care center for
children and youth, in the home of a relative other than a parent, in the home of
like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised
independent living arrangement shall be in writing, except that the report may be
presented orally at the dispositional hearing if all parties consent. A report that is
presented orally shall be transcribed and made a part of the court record. The report
shall include all of the following:
SECTION 96. 938.335 (3g) (intro.) of the statutes is amended to read:
938.335 (3g) REASONABLE EFFORTS FINDING. (intro.) At hearings under this
section, if the agency, as defined in s. 938.38 (1) (a), is recommending placement of
the juvenile in a foster home, group home, or residential care center for children and
youth, in the home of a relative other than a parent, in the home of like-kin, in the
home of a guardian under s. 48.977 (2), or in a supervised independent living
arrangement, the agency shall present as evidence specific information showing all
of the following:
SECTION 97. 938.335 (3j) (intro.) of the statutes is amended to read:
938.335 (3j) INDIAN JUVENILE; ACTIVE EFFORTS FINDING. (intro.) At hearings
under this section involving an Indian juvenile who is the subject of a proceeding
under s. 938.13 (4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is
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recommending removal of the Indian juvenile from the home of his or her parent or
Indian custodian and placement of the Indian juvenile in a foster home, group home,
or residential care center for children and youth or, in the home of a relative other
than a parent, or in the home of like-kin, the agency shall present as evidence
specific information showing all of the following:
SECTION 98. 938.34 (3) (a) (intro.) of the statutes is amended to read:
938.34 (3) (a) (intro.) The home of a parent or, other relative, or like-kin of the
juvenile, except that the court may not designate any of the following as the juvenile's
placement, unless the court determines by clear and convincing evidence that the
placement would be in the best interests of the juvenile or, in the case of an Indian
juvenile, the best interests of the Indian juvenile as described in s. 938.01 (3):
SECTION 99. 938.34 (3) (a) 1. of the statutes is amended to read:
938.34 (3) (a) 1. The home of a parent or, other relative, or like-kin of the
juvenile if the parent or, other relative, or like-kin has been convicted of the homicide
of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been
reversed, set aside, or vacated. In determining whether a placement under this
subdivision would be in the best interests of the juvenile, the court shall consider the
wishes of the juvenile.
SECTION 100. 938.34 (3) (a) 2. of the statutes is amended to read:
938.34 (3) (a) 2. The home of a relative other than the parent of the juvenile
or the home of like-kin if the court finds that the relative or like-kin has been
convicted of, has pleaded no contest to, or has had a charge dismissed or amended
as a result of a plea agreement for a crime under s. 948.02 (1) or (2), 948.025, 948.03
(2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081,
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948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215, 948.30, or 948.53, or
a similar law of another state.
SECTION 101. 938.355 (4) (am) (intro.) of the statutes is amended to read:
938.355 (4) (am) (intro.) Except as provided in par. (b) or s. 938.368, an order
under this section or s. 938.357 or 938.365 made before the juvenile attains 18 years
of age that places or continues the placement of the juvenile in a foster home, group
home, or residential care center for children and youth, in the home of a relative other
than a parent, in the home of like-kin, or in a supervised independent living
arrangement shall terminate on the latest of the following dates, unless the court
specifies a shorter period or the court terminates the order sooner:
SECTION 102. 938.357 (6) (a) (intro.) of the statutes is amended to read:
938.357 (6) (a) (intro.) No change in placement may extend the expiration date
of the original dispositional order, except that if the change in placement is from a
placement in the juvenile's home to a placement in a foster home, group home, or
residential care center for children and youth, in the home of a relative who is not
a parent, in the home of like-kin, or in a supervised independent living arrangement,
the court may extend the expiration date of the original dispositional order to the
latest of the following dates, unless the court specifies a shorter period:
SECTION 103. 938.357 (6) (b) of the statutes is amended to read:
938.357 (6) (b) If the change in placement is from a placement in a foster home,
group home, or residential care center for children and youth or in the home of a
relative or like-kin to a placement in the juvenile's home and if the expiration date
of the original dispositional order is more than one year after the date on which the
change-in-placement order is granted, the court shall shorten the expiration date
of the original dispositional order to the date that is one year after the date on which
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the change-in-placement order is granted or to an earlier date as specified by the
court.
SECTION 104. 938.365 (5) (b) (intro.) of the statutes is amended to read:
938.365 (5) (b) (intro.) Except as provided in s. 938.368, an order under this
section that continues the placement of a juvenile in a foster home, group home, or
residential care center for children and youth, in the home of a relative other than
a parent, in the home of like-kin, or in a supervised independent living arrangement
shall be for a specified length of time not to exceed the latest of the following dates:
SECTION 105. 938.366 (1) (a) of the statutes is amended to read:
938.366 (1) (a) The person is placed in a foster home, group home, or residential
care center for children and youth, in the home of a relative other than a parent, in
the home of like-kin, or in a supervised independent living arrangement under an
order under s. 938.355, 938.357, or 938.365 that terminates as provided in s. 938.355
(4) (am) 1., 2., or 3., 938.357 (6) (a) 1., 2., or 3., or 938.365 (5) (b) 1., 2., or 3. on or after
the person attains 18 years of age.
SECTION 106. 938.371 (1) (intro.) of the statutes is amended to read:
938.371 (1) MEDICAL INFORMATION. (intro.) If a juvenile is placed in a foster
home, group home, residential care center for children and youth, or juvenile
correctional facility or, in the home of a relative other than a parent, or in the home
of like-kin, including a placement under s. 938.205 or 938.21, the agency, as defined
in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the
juvenile shall provide the following information to the foster parent, relative,
like-kin, or operator of the group home, residential care center for children and
youth, or juvenile correctional facility at the time of placement or, if the information
has not been provided to the agency by that time, as soon as possible after the date
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on which the agency receives that information, but not more than 2 working days
after that date:
SECTION 107. 938.371 (1) (a) of the statutes is amended to read:
938.371 (1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the
juvenile as provided under s. 252.15 (3m) (d) 15., including results included in a court
report or permanency plan. At the time that the test results are provided, the agency
shall notify the foster parent, relative, like-kin, or operator of the group home,
residential care center for children and youth, or juvenile correctional facility of the
confidentiality requirements under s. 252.15 (6).
SECTION 108. 938.371 (3) (intro.) of the statutes is amended to read:
938.371 (3) OTHER INFORMATION. (intro.) At the time of placement of a juvenile
in a foster home, group home, residential care center for children and youth, or
juvenile correctional facility or in the home of a relative other than a parent or in the
home of like-kin or, if the information is not available at that time, as soon as possible
after the date on which the court report or permanency plan has been submitted, but
no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a),
responsible for preparing the juvenile's permanency plan shall provide to the foster
parent, relative, like-kin, or operator of the group home, residential care center for
children and youth, or juvenile correctional facility information contained in the
court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan
submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court
or agency that prepared the court report or permanency plan relating to any of the
following:
SECTION 109. 938.371 (5) of the statutes is amended to read:
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SECTION 109 ASSEMBLY BILL 557
938.371 (5) CONFIDENTIALITY OF INFORMATION. Except as permitted under s.
252.15 (6), a foster parent, treatment foster parent, relative, like-kin, or operator of
a group home, residential care center for children and youth, or juvenile correctional
facility that receives any information under sub. (1) or (3), other than the information
described in sub. (3) (e), shall keep the information confidential and may disclose that
information only for the purposes of providing care for the juvenile or participating
in a court hearing or permanency review concerning the juvenile.
SECTION 110. 938.38 (2) (intro.) of the statutes is amended to read:
938.38 (2) PERMANENCY PLAN REQUIRED. (intro.) Except as provided in sub. (3),
for each juvenile living in a foster home, group home, residential care center for
children and youth, juvenile detention facility, shelter care facility, or supervised
independent living arrangement, the agency that placed the juvenile or arranged the
placement or the agency assigned primary responsibility for providing services to the
juvenile under s. 938.355 (2) (b) 6g. shall prepare a written permanency plan, if any
of the following conditions exists, and, for each juvenile living in the home of a
guardian or a relative other than a parent or in the home of like-kin, that agency
shall prepare a written permanency plan, if any of the conditions under pars. (a) to
(e) exists:
SECTION 111. 938.38 (3m) (a) of the statutes is amended to read:
938.38 (3m) (a) All appropriate biological family members, relatives, and
like-kin of the juvenile, as determined by the agency. Notwithstanding s. 938.02
(12c), in this paragraph, “like-kin” may include an individual who is or previously
was the child's licensed foster parent.
SECTION 112. 938.38 (4) (f) (intro.) of the statutes is amended to read:
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938.38 (4) (f) (intro.) A description of the services that will be provided to the
juvenile, the juvenile's family, and the juvenile's foster parent, the operator of the
facility where the juvenile is living, or the relative or like-kin with whom the juvenile
is living to carry out the dispositional order, including services planned to accomplish
all of the following:
SECTION 113. 938.38 (4m) (b) of the statutes is amended to read:
938.38 (4m) (b) At least 10 days before the date of the hearing the court shall
notify the juvenile; any parent, guardian, and legal custodian of the juvenile; any
foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, the
operator of the facility in which the juvenile is living, or the relative or like-kin with
whom the juvenile is living; and, if the juvenile is an Indian juvenile who is or is
alleged to be in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the
Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the
hearing, of the issues to be determined at the hearing, and of the fact that they shall
have a right to be heard at the hearing.
SECTION 114. 938.38 (4m) (d) of the statutes is amended to read:
938.38 (4m) (d) The court shall give a foster parent, other physical custodian
described in s. 48.62 (2), operator of a facility, or relative, or like-kin who is notified
of a hearing under par. (b) a right to be heard at the hearing by permitting the foster
parent, other physical custodian, operator, or relative, or like-kin to make a written
or oral statement during the hearing, or to submit a written statement prior to the
hearing, relevant to the issues to be determined at the hearing. The foster parent,
other physical custodian, operator of a facility, or relative, or like-kin does not
become a party to the proceeding on which the hearing is held solely on the basis of
receiving that notice and right to be heard.
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SECTION 115. 938.38 (5) (b) of the statutes is amended to read:
938.38 (5) (b) The court or the agency shall notify the juvenile; the juvenile's
parent, guardian, and legal custodian; the juvenile's foster parent, the operator of the
facility in which the juvenile is living, or the relative or like-kin with whom the
juvenile is living; and, if the juvenile is an Indian juvenile who is placed outside the
home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the
Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the
review, of the issues to be determined as part of the review, and of the fact that they
shall have a right to be heard at the review as provided in par. (bm) 1. The court or
agency shall notify the person representing the interests of the public, the juvenile's
counsel, the juvenile's guardian ad litem, and the juvenile's school of the time, place,
and purpose of the review, of the issues to be determined as part of the review, and
of the fact that they may have an opportunity to be heard at the review as provided
in par. (bm) 1. The notices under this paragraph shall be provided in writing not less
than 30 days before the review and copies of the notices shall be filed in the juvenile's
case record. The notice to the juvenile's school shall also include the name and
contact information for the caseworker or social worker assigned to the juvenile's
case.
SECTION 116. 938.38 (5) (bm) 1. of the statutes is amended to read:
938.38 (5) (bm) 1. A juvenile, parent, guardian, legal custodian, foster parent,
operator of a facility, or relative, or like-kin who is provided notice of the review
under par. (b) shall have a right to be heard at the review by submitting written
comments relevant to the determinations specified in par. (c) not less than 10
working days before the date of the review or by participating at the review. A person
representing the interests of the public, counsel, guardian ad litem, or school who is
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provided notice of the review under par. (b) may have an opportunity to be heard at
the review by submitting written comments relevant to the determinations specified
in par. (c) not less than 10 working days before the date of the review. A foster parent,
operator of a facility, or relative, or like-kin who receives notice of a review under par.
(b) and a right to be heard under this subdivision does not become a party to the
proceeding on which the review is held solely on the basis of receiving that notice and
right to be heard.
SECTION 117. 938.38 (5) (e) of the statutes is amended to read:
938.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
the determinations under par. (c) and shall provide a copy to the court that entered
the order; the juvenile or the juvenile's counsel or guardian ad litem; the person
representing the interests of the public; the juvenile's parent, guardian, or legal
custodian; the juvenile's foster parent, the operator of the facility where the juvenile
is living, or the relative or like-kin with whom the juvenile is living; and, if the
juvenile is an Indian juvenile who is placed outside the home of his or her parent or
Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
custodian and tribe.
SECTION 118. 938.38 (5m) (b) of the statutes is amended to read:
938.38 (5m) (b) The court shall notify the juvenile; the juvenile's parent,
guardian, and legal custodian; and the juvenile's foster parent, the operator of the
facility in which the juvenile is living, or the relative or like-kin with whom the
juvenile is living of the time, place, and purpose of the hearing, of the issues to be
determined at the hearing, and of the fact that they shall have a right to be heard
at the hearing as provided in par. (c) 1. The court shall notify the juvenile's counsel
and the juvenile's guardian ad litem; the agency that prepared the permanency plan;
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the juvenile's school; the person representing the interests of the public; and, if the
juvenile is an Indian juvenile who is placed outside the home of his or her parent or
Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
custodian and tribe of the time, place, and purpose of the hearing, of the issues to be
determined at the hearing, and of the fact that they may have an opportunity to be
heard at the hearing as provided in par. (c) 1. The notices under this paragraph shall
be provided in writing not less than 30 days before the hearing. The notice to the
juvenile's school shall also include the name and contact information for the
caseworker or social worker assigned to the juvenile's case.
SECTION 119. 938.38 (5m) (c) 1. of the statutes is amended to read:
938.38 (5m) (c) 1. A juvenile, parent, guardian, legal custodian, foster parent,
operator of a facility, or relative, or like-kin who is provided notice of the hearing
under par. (b) shall have a right to be heard at the hearing by submitting written
comments relevant to the determinations specified in sub. (5) (c) not less than 10
working days before the date of the hearing or by participating at the hearing. A
counsel, guardian ad litem, agency, school, or person representing the interests of the
public who is provided notice of the hearing under par. (b) may have an opportunity
to be heard at the hearing by submitting written comments relevant to the
determinations specified in sub. (5) (c) not less than 10 working days before the date
of the hearing or by participating at the hearing. A foster parent, operator of a
facility, or relative, or like-kin who receives notice of a hearing under par. (b) and a
right to be heard under this subdivision does not become a party to the proceeding
on which the hearing is held solely on the basis of receiving that notice and right to
be heard.
SECTION 120. 938.38 (5m) (e) of the statutes is amended to read:
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938.38 (5m) (e) After the hearing, the court shall make written findings of fact
and conclusions of law relating to the determinations under sub. (5) (c) and shall
provide a copy of those findings of fact and conclusions of law to the juvenile; the
juvenile's parent, guardian, and legal custodian; the juvenile's foster parent, the
operator of the facility in which the juvenile is living, or the relative or like-kin with
whom the juvenile is living; the agency that prepared the permanency plan; the
person representing the interests of the public; and, if the juvenile is an Indian
juvenile who is placed outside the home of his or her parent or Indian custodian
under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe.
The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis
based on circumstances specific to the juvenile and shall document or reference the
specific information on which those findings are based in the findings of fact and
conclusions of law prepared under this paragraph. Findings of fact and conclusions
of law that merely reference sub. (5) (c) 7. without documenting or referencing that
specific information in the findings of fact and conclusions of law or amended
findings of fact and conclusions of law that retroactively correct earlier findings of
fact and conclusions of law that do not comply with this paragraph are not sufficient
to comply with this paragraph.
SECTION 121. 938.385 (intro.) of the statutes is amended to read:
938.385 Plan for transition to independent living. (intro.) During the 90
days immediately before a juvenile who is placed in a foster home, group home, or
residential care center for children and youth, in the home of a relative other than
a parent, in the home of like-kin, or in a supervised independent living arrangement
attains 18 years of age or, if the juvenile is placed in such a placement under an order
under s. 938.355, 938.357, or 938.365 that terminates under s. 938.355 (4) (am) after
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the juvenile attains 18 years of age or under a voluntary
transition-to-independent-living agreement under s. 938.366 (3) that terminates
under s. 938.366 (3) (a) after the juvenile attains 18 years of age, during the 90 days
immediately before the termination of the order or agreement, the agency primarily
responsible for providing services to the juvenile under the order or agreement shall
do all of the following:
SECTION 122.0Nonstatutory provisions.
(1) If, prior to July 1, 2024, the department of children and families determines
that there is sufficient funding allocated under s. 49.175 (1) (s) to fund the expansion
of the kinship care and long-term kinship care programs under this act, the
department shall submit to the legislative reference bureau for publication in the
Wisconsin Administrative Register a notice specifying the date of that
determination.
SECTION 123.0Effective date.
(1) This act takes effect on the date specified in the notice published in the
Wisconsin Administrative Register under SECTION 122 (1) of this act, or on July 1,
2025, whichever is earlier.
(END)
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