AB 565

This bill limits the timeframe during which a relative of a child may indicate

his or her willingness to participate in the care and placement of the child in a child

in need of protection or services (CHIPS) proceeding or a proceeding under the

Juvenile Justice Code and requires a judge who is placing a child with a relative to

make certain findings.

Under current law, when a child or juvenile is removed from his or her home in

a CHIPS proceeding or a proceeding under the Juvenile Justice Code, the county

department of human services or social services, the Department of Children and

Families in Milwaukee County, or the child welfare agency primarily responsible for

providing services to the child or juvenile is required to provide a notice to adult

relatives, other than a parent, of the child or juvenile advising that relative of his or

her options to participate in the care and placement of the child. Under this bill, an

adult relative who receives such a notice has no more than four months from receipt

of the notice to indicate his or her willingness to participate in the care and placement

of the child or juvenile.

This bill requires a judge who is overseeing a CHIPS proceeding or a proceeding

under the Juvenile Justice Code, when changing the placement of a child or juvenile

from a foster home or other placement outside of the home to another placement

outside of the home, to make a finding that the change in placement is in the best

interest of the child or juvenile. The bill also states that there is no presumption that

removing a child or juvenile from a foster home or other out-of-home placement to

place the child or juvenile with a relative other than a parent is in the best interest

of the child or juvenile.

Under current law, whenever a dispositional order is entered in a CHIPS

proceeding, if there is no less drastic alternative for a child than transferring custody

from the parent, the judge shall consider transferring custody to a relative whenever

possible. Under this bill, the judge may only transfer custody to a relative if it is in

the best interest of the child.