2009 WISCONSIN ACT
81
An Act
to amend
48.64 (title), 48.64 (1), 48.64 (1m), 48.64 (1r), 48.64 (2), 48.64 (4) (a) and 48.64 (4) (c); and
to repeal and recreate
48.64 (title), 48.64 (1), 48.64 (1m), 48.64 (1r), 48.64 (2), 48.64 (4) (a) and 48.64 (4) (c) of the statutes;
relating to:
notice of intent to remove a child from the home of a relative and review of decisions or orders involving the placement and care of a child placed in the home of a relative.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
48.64 (title) of the statutes is amended to read:
48.64
(title)
Placement of children in
foster homes, treatment foster homes and group homes
out-of-home care
.
Section
1m
.
48.64 (title) of the statutes, as affected by
2009 Wisconsin Acts 28
and .... (this act), is repealed and recreated to read:
48.64
(title)
Placement of children in out-of-home care.
Section
2
.
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, or a licensed child welfare agency authorized to place children in foster homes, treatment foster homes, or group homes
or in the homes of relatives other than a parent
.
Section
2m
.
48.64 (1) of the statutes, as affected by
2009 Wisconsin Acts 28
and .... (this act), is repealed and recreated to read:
48.64
(1)
Definition.
In this section, "agency" means the department, the department of corrections, a county department, or a licensed child welfare agency authorized to place children in foster homes or group homes or in the homes of relatives other than a parent.
Section
3
.
48.64 (1m) of the statutes is amended to read:
48.64
(1m)
Foster home, treatment foster home and group home
Out-of-home care
agreements.
If an agency places a child in a foster home, treatment foster home
,
or group home
or in the home of a relative other than a parent
under a court order or
places a child in a foster home, treatment foster home, or group home under a
voluntary agreement under s. 48.63, the agency shall enter into a written agreement with the head of the home. The agreement shall provide that the agency shall have access at all times to the child and the home, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require it. If a child has been in a foster home, treatment foster home
,
or group home
or in the home of a relative other than a parent
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 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
shall apply
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
3m
.
48.64 (1m) of the statutes, as affected by
2009 Wisconsin Acts 28
and .... (this act), is repealed and recreated 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 under a court order or places a child in a foster home or group home under a voluntary agreement under s. 48.63, the agency shall enter into a written agreement with the head of the home. The agreement shall provide that the agency shall have access at all times to the child and the home, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the 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 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 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
4
.
48.64 (1r) of the statutes is amended to read:
48.64
(1r)
Notification of school district.
When an agency places a school-age child in a foster home,
a
treatment foster home
or a
, or
group home
or in the home of a relative other than a parent
, the agency shall notify the clerk of the school district in which the foster home, treatment foster home
or
,
group home
, or home of the relative
is located that a school-age child has been placed in a foster home, treatment foster home
or
,
group home
, or home of a relative
in the school district.
Section
4m
.
48.64 (1r) of the statutes, as affected by
2009 Wisconsin Acts 28
and .... (this act), is repealed and recreated to read:
48.64
(1r)
Notification of school district.
When an agency places a school-age child in a foster home or group home or in the home of a relative other than a parent, the agency shall notify the clerk of the school district in which the foster home, group home, or home of the relative is located that a school-age child has been placed in a foster home, group home, or home of a relative in the school district.
Section
5
.
48.64 (2) of the statutes is amended to read:
48.64
(2)
Supervision of
foster home, treatment foster home and group home
out-of-home care
placements.
Every child
who is placed
in a foster home, treatment foster home
,
or group home shall be under the supervision of an agency.
Every child who is placed in the home of a relative other than a parent under a court order shall be under the supervision of an agency.
Section
5m
.
48.64 (2) of the statutes, as affected by
2009 Wisconsin Acts 28
and .... (this act), is repealed and recreated to read:
48.64
(2)
Supervision of out-of-home care placements.
Every child who is placed in a foster home or group home shall be under the supervision of an agency. Every child who is placed in the home of a relative other than a parent under a court order shall be under the supervision of an agency.
Section
6
.
48.64 (4) (a) of the statutes is amended to read:
48.64
(4)
(a) Any decision or order issued by an agency that affects the head of a foster
home
, treatment foster
home,
or group home
, the head of the home of a relative other than a parent in which a child is placed,
or the
children
child
involved may be appealed to the department under fair hearing procedures established under
department rules. The department shall, upon
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 such additional investigation as 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
subsection
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 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
6m
.
48.64 (4) (a) of the statutes, as affected by
2009 Wisconsin Acts 28
and .... (this act), is repealed and recreated to read:
48.64
(4)
(a) 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 in which a child is placed, or the child involved may be appealed to the department under fair hearing 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 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
7
.
48.64 (4) (c) of the statutes is amended to read:
48.64
(4)
(c) The circuit court for the county where the dispositional order placing a child in a foster home, treatment foster home, or group home
or in the home of a relative other than a parent
was entered or the voluntary agreement under s. 48.63
so
placing a child
in a foster home, treatment foster home, or group home
was made has jurisdiction upon petition of any interested party over
a
the
child who is placed in
a
the
foster home, treatment foster home,
or
group home
, or home of the relative
. 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
, the foster parent
or relative
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
7m
.
48.64 (4) (c) of the statutes, as affected by
2009 Wisconsin Acts 28
and .... (this act), is repealed and recreated to read:
48.64
(4)
(c) 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 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. 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, the foster parent or relative 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
8
.
Initial applicability.
(1)
Agency decisions involving placement of child.
This act first applies to decisions or orders involving the placement and care of a child that are made on the effective date of this subsection.
Section
9m
.
0
Effective dates.
This act takes effect on the day after publication, except as follows:
(1)
Treatment foster homes.
The repeal and recreation of sections 48.64 (title), (1), (1m), (1r), (2), and (4) (a) and (c) of the statutes takes effect on the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under section 48.62 (9) of the statutes, as created by
2009 Wisconsin Act 28
.
