AB406,7 14Section 7. 48.38 (2m) of the statutes is created to read:
AB406,8,215 48.38 (2m) Consultation with child 14 or over. The agency responsible for
16preparing the permanency plan for a child 14 years of age or over shall prepare the
17plan and any revisions of the plan in consultation with the child and, at the option
18of the child, with not more than 2 persons selected by the child who are members of
19any child and family team convened for the child, except that the child may not select
20his or her caregiver or caseworker to consult in the preparation or revision of the
21permanency plan and the agency may reject a person selected by the child if the
22agency has good cause to believe that the person would not act in the best interests
23of the child. The agency may designate one of the persons selected by the child to be
24the child's adviser and, as necessary, the child's advocate, with respect to application

1of the reasonable and prudent parent standard to decisions concerning the child's
2participation in age or developmentally appropriate activities.
AB406,8 3Section 8. 48.38 (4) (f) 3. of the statutes is amended to read:
AB406,8,94 48.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe
5return of the child to his or her home, or, if appropriate, obtain for the child a
6placement for adoption, with a guardian, or with a fit and willing relative, or, in the
7case of a child 16 years of age or over, obtain for the child, if appropriate, a placement

8in some other planned permanent living arrangement that includes an appropriate,
9enduring relationship with an adult.
AB406,9 10Section 9. 48.38 (4) (fg) 5. of the statutes, as affected by 2015 Wisconsin Act
1155
, is amended to read:
AB406,8,1512 48.38 (4) (fg) 5. As provided in par. (fm), placement in In the case of a child 16
13years of age or over, placement of the child in
some other planned permanent living
14arrangement that includes an appropriate, enduring relationship with an adult,
15including sustaining care, or the goal of transitioning the child to independence.
AB406,10 16Section 10. 48.38 (4) (fm) of the statutes, as affected by 2015 Wisconsin Act
1755
, is amended to read:
AB406,9,718 48.38 (4) (fm) If the agency determines that there is a compelling reason why
19it currently would not be in the best interests of the a child 16 years of age or over
20to return the child to his or her home or to place the child for adoption, with a
21guardian, or with a fit and willing relative as the permanency goal for the child, the
22permanency goal of placing the child in some other planned permanent living
23arrangement or of transitioning the child to independence as described in par. (fg)
245
. If the agency makes that determination, the plan shall include the efforts made
25to achieve that permanency goal, including, if appropriate, through an out-of-state

1placement, a statement of that compelling reason, and, notwithstanding that
2compelling reason, a concurrent plan under s. 48.355 (2b) towards achieving a goal
3under par. (fg) 1. to 4. as a concurrent permanency goal in addition to the permanency
4goal under par. (fg) 5. The plan shall also include a plan to ensure that the child has
5regular, ongoing opportunities to engage in age or developmentally appropriate
6activities determined in accordance with the reasonable and prudent parent
7standard.
AB406,11 8Section 11. 48.38 (4) (h) (intro.) of the statutes is amended to read:
AB406,9,129 48.38 (4) (h) (intro.) If the child is 15 14 years of age or over, an independent
10living
a plan describing the programs and services that are or will be provided to
11assist the child in preparing for the transition from out-of-home care to independent
12living
a successful adulthood. The plan shall include all of the following:
AB406,12 13Section 12. 48.38 (4) (h) 2. of the statutes is amended to read:
AB406,9,1614 48.38 (4) (h) 2. The anticipated amount of time available in which to prepare
15the child for the transition from out-of-home care to independent living a successful
16adulthood
.
AB406,13 17Section 13. 48.38 (4) (h) 4. of the statutes is amended to read:
AB406,9,2118 48.38 (4) (h) 4. A description of the assessment processes, tools, and methods
19that have been or will be used to determine the programs and services that are or will
20be provided to assist the child in preparing for the transition from out-of-home care
21to independent living a successful adulthood.
AB406,14 22Section 14. 48.38 (4) (h) 5. of the statutes is amended to read:
AB406,9,2423 48.38 (4) (h) 5. The rationale for each program or service that is or will be
24provided to assist the child in preparing for the transition from out-of-home care to

1independent living a successful adulthood, the time frames for delivering those
2programs or services, and the intended outcome of those programs or services.
AB406,15 3Section 15. 48.38 (4) (h) 6. of the statutes is created to read:
AB406,10,54 48.38 (4) (h) 6. Documentation that the plan was prepared in consultation with
5the child and any persons selected by the child as required under sub. (2m).
AB406,16 6Section 16. 48.38 (4) (h) 7. of the statutes is created to read:
AB406,10,147 48.38 (4) (h) 7. A document that describes the rights of the child with respect
8to education, health, visitation, and participation in court proceedings, the right of
9the child to receive the documents and information specified in s. 48.385 (2), the right
10of the child to receive a copy of the child's consumer report, as defined in 15 USC
111681a
(d), and the right of the child to stay safe and to avoid exploitation, together
12with a signed acknowledgement by the child that he or she has been provided with
13a copy of that document and that the rights described in that document have been
14explained to him or her in an age-appropriate and developmentally appropriate way.
AB406,17 15Section 17. 48.38 (5) (bm) 3. of the statutes is created to read:
AB406,11,316 48.38 (5) (bm) 3. If the permanency goal of the child's permanency plan is
17placement of the child in a planned permanent living arrangement described in sub.
18(4) (fg) 5., the agency that prepared the permanency plan shall present to the court
19or panel specific information showing that intensive and ongoing efforts were made
20by the agency, including searching social media, to return the child to the child's
21home or to place the child for adoption, with a guardian, or with a fit and willing
22relative and that those efforts have proved unsuccessful and specific information
23showing the steps taken by the agency, including consultation with the child, to
24ascertain whether the child has regular, ongoing opportunities to engage in age or
25developmentally appropriate activities and to ensure that the child's caregiver is

1applying the reasonable and prudent parent standard to decisions concerning the
2child's participation in those activities. In addition, at the review the court or panel
3shall consult with the child about the permanency outcome desired by the child.
AB406,18 4Section 18. 48.38 (5) (c) 1. of the statutes is amended to read:
AB406,11,125 48.38 (5) (c) 1. The continuing necessity for and the safety and appropriateness
6of the placement. If the permanency goal of the child's permanency plan is placement
7of the child in a planned permanent living arrangement described in sub. (4) (fg) 5.,
8the determination under this subdivision shall include an explanation of why the
9planned permanent living arrangement is the best permanency goal for the child and
10why, supported by compelling reasons, it continues not to be in the best interests of
11the child to be returned to his or her home or to be placed for adoption, with a
12guardian, or with a fit and willing relative.
AB406,19 13Section 19. 48.38 (5) (c) 6. d. of the statutes, as affected by 2015 Wisconsin Act
1455
, is amended to read:
AB406,11,1715 48.38 (5) (c) 6. d. Being placed in some other planned permanent living
16arrangement that includes an appropriate, enduring relationship with an adult,
17including sustaining care, or transitioning to independence.
AB406,20 18Section 20. 48.38 (5) (c) 7m. of the statutes is created to read:
AB406,11,2519 48.38 (5) (c) 7m. If the permanency goal of the child's permanency plan is
20placement of the child in a planned permanent living arrangement described in sub.
21(4) (fg) 5., the steps taken by the agency, including consultation with the child, to
22ascertain whether the child has regular, ongoing opportunities to engage in age or
23developmentally appropriate activities and to ensure that the child's caregiver is
24applying the reasonable and prudent parent standard to decisions concerning the
25child's participation in those activities.
AB406,21
1Section 21. 48.38 (5) (c) 9. of the statutes, as affected by 2015 Wisconsin Act
255
, is amended to read:
AB406,12,103 48.38 (5) (c) 9. If the child is the subject of an order that terminates as provided
4in s. 48.355 (4) (b) 4., 48.357 (6) (a) 4. or 48.365 (5) (b) 4. or of a voluntary
5transition-to-independent-living agreement under s. 48.366 (3), the
6appropriateness of the transition-to-independent-living plan developed under s.
748.385 (1); the extent of compliance with that plan by the child, the child's guardian,
8if any, the agency primarily responsible for providing services under that plan, and
9any other service providers; and the progress of the child toward making the
10transition to independent living a successful adulthood.
AB406,22 11Section 22. 48.38 (5m) (c) 3. of the statutes is created to read:
AB406,12,2412 48.38 (5m) (c) 3. If the permanency goal of the child's permanency plan is
13placement of the child in a planned permanent living arrangement described in sub.
14(4) (fg) 5., the agency that prepared the permanency plan shall present to the court
15specific information showing that intensive and ongoing efforts were made by the
16agency, including searching social media, to return the child to the child's home or
17to place the child for adoption, with a guardian, or with a fit and willing relative and
18that those efforts have proved unsuccessful and specific information showing the
19steps taken by the agency, including consultation with the child, to ascertain
20whether the child has regular, ongoing opportunities to engage in age or
21developmentally appropriate activities and to ensure that the child's caregiver is
22applying the reasonable and prudent parent standard to decisions concerning the
23child's participation in those activities. In addition, at the hearing the court shall
24consult with the child about the permanency outcome desired by the child.
AB406,23 25Section 23. 48.383 of the statutes is created to read:
AB406,13,10
148.383 Reasonable and prudent parent standard. (1) Use of standard
2by out-of-home care providers.
An out-of-home care provider shall use the
3reasonable and prudent parent standard in making decisions concerning a child's
4participation in age or developmentally appropriate extracurricular, enrichment,
5cultural, and social activities. In making decisions using the reasonable and prudent
6parent standard, an out-of-home care provider shall consider the restrictiveness of
7the child's placement and whether the child has the necessary training and safety
8equipment to safely participate in the activity under consideration and may not
9make any decision that is in violation of any court order or any state or federal law,
10rule, or regulation.
AB406,13,21 11(2) Child-specific considerations required. (a) At the time of placement of
12a child with an out-of-home care provider, the agency that places, or that arranges
13the placement of, the child or the agency assigned primary responsibility for
14providing services to the child under s. 48.355 (2) (b) 6g. shall provide to the
15out-of-home care provider the information that is required to be provided to an
16out-of-home care provider under the rules promulgated under s. 895.485 (4) (a) and
17information that is specific to the child for the out-of-home care provider to consider
18in making reasonable and prudent parenting decisions concerning the child's
19participation in age or developmentally appropriate extracurricular, enrichment,
20cultural, and social activities. In preparing that information or any revisions of that
21information, the agency shall do all of the following:
AB406,14,222 1. If reasonably possible to do so, consult with the child's parent concerning the
23child's participation in extracurricular, enrichment, cultural, and social activities
24and the child's cultural, religious, and tribal values and advise the parent that those

1values will be considered, but will not necessarily be the determining factor, in
2making decisions concerning the child's participation in those activities.
AB406,14,53 2. Consult with the child in an age-appropriate manner about the
4opportunities of the child to participate in age or developmentally appropriate
5activities.
AB406,14,166 (b) At the time of placement of a child with an out-of-home care provider, the
7agency providing the information under par. (a) shall explain to the out-of-home
8care provider the parameters of the considerations that the out-of-home care
9provider is required to take into account when making decisions concerning the
10child's participation in age or developmentally appropriate extracurricular,
11enrichment, cultural, and social activities. In explaining those parameters, the
12agency shall explain the considerations and prohibitions specified in sub. (1) and
13shall advise the out-of-home care provider that in case of any disagreement over the
14application of the reasonable and prudent parent standard, the agency having
15placement and care responsibility for the child is ultimately responsible for decisions
16concerning the care of the child.
AB406,14,2517 (c) In preparing or revising the permanency plan for a child, the agency
18responsible for preparing or revising the permanency plan shall consult with the
19child and the child's parent as provided in par. (a) 1. and 2. At the time the
20permanency plan is prepared and each time the permanency plan is revised, that
21agency shall explain to the out-of-home care provider the parameters of the
22considerations that the out-of-home care provider is required to take into account
23when making decisions concerning the child's participation in age or
24developmentally appropriate extracurricular, enrichment, cultural, and social
25activities as provided in par. (b).
AB406,15,1
1(3) Rules. The department shall promulgate rules to implement this section.
AB406,24 2Section 24. 48.385 of the statutes, as affected by 2015 Wisconsin Act 55, is
3renumbered 48.385 (intro.) and amended to read:
AB406,15,14 448.385 Plan for transition to independent living. (intro.) During the 90
5days immediately before a child who is placed in a foster home, group home, or
6residential care center for children and youth, in the home of a relative other than
7a parent, or in a supervised independent living arrangement attains 18 years of age
8or, if the child is placed in such a placement under an order under s. 48.355, 48.357,
9or 48.365 that terminates under s. 48.355 (4) (b) after the child attains 18 years of
10age or under a voluntary transition-to-independent-living agreement under s.
1148.366 (3) that terminates under s. 48.366 (3) (a) after the child attains 18 years of
12age, during the 90 days immediately before the termination of the order or
13agreement, the agency primarily responsible for providing services to the child under
14the order or agreement shall provide do all of the following:
AB406,15,20 15(1) Transition plan. Provide the child with assistance and support in
16developing a plan for making the transition from out-of-home care to independent
17living. The transition plan shall be personalized at the direction of the child, shall
18be as detailed as the child directs, and shall include specific options for obtaining
19housing, health care, education, mentoring and continuing support services, and
20workforce support and employment services.
AB406,25 21Section 25. 48.385 (2) of the statutes is created to read:
AB406,16,522 48.385 (2) Identification documents and other information. Except as
23provided in this subsection, ensure that the child is in possession of a certified copy
24of the child's birth certificate, a social security card issued by the federal social
25security administration, information on maintaining health care coverage, a copy of

1the child's health care records, and either an operator's license issued under ch. 343
2or an identification card issued under s. 343.50. If the child is not in possession of
3any of those documents or that information, the agency shall assist the child in
4obtaining any missing document or information. This subsection does not apply to
5a child who has been placed in out-of-home care for less than 6 months.
AB406,26 6Section 26. 48.427 (1) of the statutes is amended to read:
AB406,16,117 48.427 (1) Any party may present evidence relevant to the issue of disposition,
8including expert testimony, and may make alternative dispositional
9recommendations to the court. After receiving any evidence related to the
10disposition, the court shall enter one of the dispositions specified under subs. (2) to
11(4) (3p) within 10 days.
AB406,27 12Section 27. 48.427 (4) of the statutes is repealed.
AB406,28 13Section 28. 48.427 (5) of the statutes is amended to read:
AB406,16,1914 48.427 (5) In placing an Indian child in a preadoptive placement following a
15transfer of guardianship and custody under sub. (3m) or (3p) or in placing an Indian
16child in sustaining care under sub. (4)
, the court or an agency specified in sub. (3m)
17(a) 1. to 4. or (am) shall comply with the order of placement preference under s. 48.028
18(7) (b) or, if applicable, s. 48.028 (7) (c), unless the court or agency finds good cause,
19as described in s. 48.028 (7) (e), for departing from that order.
AB406,29 20Section 29. 48.428 of the statutes is repealed.
AB406,30 21Section 30. 48.43 (4) of the statutes is amended to read:
AB406,17,322 48.43 (4) A certified copy of the order terminating parental rights shall be
23furnished by the court to the agency given guardianship for placement for adoption
24of the child or to the person or agency given custodianship or guardianship for
25placement of the child in sustaining care and
to the person appointed as the guardian

1of the child under s. 48.977 (2). The court shall, upon request, furnish a certified copy
2of the child's birth certificate and a transcript of the testimony in the termination of
3parental rights hearing to the same person or agency.
AB406,31 4Section 31. 48.43 (5) (b) 2m. of the statutes is created to read:
AB406,17,175 48.43 (5) (b) 2m. If the permanency goal of the child's permanency plan is
6placement of the child in a planned permanent living arrangement described in ss.
748.38 (4) (fg) 5., the agency that prepared the report shall present to the court specific
8information showing that intensive and ongoing efforts were made by the agency,
9including searching social media, to return the child to the child's home or to place
10the child for adoption, with a guardian, or with a fit and willing relative and that
11those efforts have proved unsuccessful and specific information showing the steps
12taken by the agency, including consultation with the child, to ascertain whether the
13child has regular, ongoing opportunities to engage in age or developmentally
14appropriate activities and to ensure that the child's caregiver is applying the
15reasonable and prudent parent standard to decisions concerning the child's
16participation in those activities. In addition, at the hearing the court shall consult
17with the child about the permanency outcome desired by the child.
AB406,32 18Section 32. 48.481 (2) of the statutes is amended to read:
AB406,18,219 48.481 (2) Transition to independent living a successful adulthood. The
20department shall distribute at least $231,700 in each fiscal year for the purpose of
21assisting individuals who attain the age of 18 while residing in a foster home, group
22home, or residential care center for children and youth, in the home of a relative other
23than a parent, or in a supervised independent living arrangement to make the
24transition from out-of-home care to independent living a successful adulthood. No

1county may use funds provided under this subsection to replace funds previously
2used by the county for this purpose.
AB406,33 3Section 33. 48.627 (title) of the statutes is amended to read:
AB406,18,5 448.627 (title) Foster and family-operated group home parent insurance
5and liability.
AB406,34 6Section 34. 48.627 (1) of the statutes is repealed.
AB406,35 7Section 35. 48.627 (2) (a) of the statutes is amended to read:
AB406,18,148 48.627 (2) (a) Before the department, a county department, or a licensed child
9welfare agency may issue, renew, or continue a foster home or family-operated group
10home
license, the licensing agency shall require the applicant to furnish proof
11satisfactory to the licensing agency that he or she has homeowner's or renter's
12liability insurance that provides coverage for negligent acts or omissions by children
13placed in a foster home or family-operated group home that result in bodily injury
14or property damage to 3rd parties.
AB406,36 15Section 36. 48.627 (2c) of the statutes is amended to read:
AB406,18,2316 48.627 (2c) The department shall determine the cost-effectiveness of
17purchasing private insurance that would provide coverage to foster and
18family-operated group home
parents for acts or omissions by or affecting a child who
19is placed in a foster home or a family-operated group home. If this private insurance
20is cost-effective and available, the department shall purchase the insurance from
21the appropriations under s. 20.437 (1) (cf) and (pd). If the insurance is unavailable,
22payment of claims for acts or omissions by or affecting a child who is placed in a foster
23home or a family-operated group home shall be in accordance with subs. (2m) to (3).
AB406,37 24Section 37. 48.627 (2m) of the statutes is amended to read:
AB406,19,9
148.627 (2m) Within the limits of the appropriations under s. 20.437 (1) (cf) and
2(pd), the department shall pay claims to the extent not covered by any other
3insurance and subject to the limitations specified in sub. (3), for bodily injury or
4property damage sustained by a licensed foster or family-operated group home
5parent or a member of the foster or family-operated group home parent's family as
6a result of the act of a child in the foster or family-operated group home parent's care
7or as a result of an act or omission of the foster parent in granting permission for a
8child in the foster parent's care to participate in an age or developmentally
9appropriate activity
.
AB406,38 10Section 38. 48.627 (2s) (a) of the statutes is amended to read:
AB406,19,1411 48.627 (2s) (a) Acts or omissions of the foster or family-operated group home
12parent that result in bodily injury to the child who is placed in the foster home or
13family-operated group home
or that form the basis for a civil action for damages by
14the foster child's parent against the foster or family-operated group home parent.
AB406,39 15Section 39. 48.627 (2s) (am) of the statutes is created to read:
AB406,19,1816 48.627 (2s) (am) Acts or omission of the foster parent in granting permission
17for a child who is placed in the foster home to participate in an age or developmentally
18appropriate activity.
AB406,40 19Section 40. 48.627 (2s) (b) of the statutes is amended to read:
AB406,19,2220 48.627 (2s) (b) Bodily injury or property damage caused by an act or omission
21of a child who is placed in the foster or family-operated group home parent's care for
22which the foster or family-operated group home parent becomes legally liable.
AB406,41 23Section 41. 48.627 (3) (b) of the statutes is amended to read:
AB406,20,424 48.627 (3) (b) A claim under sub. (2m) shall be submitted to the department
25within 90 days after the bodily injury or property damage occurs. A claim under sub.

1(2s) shall be submitted to the department within 90 days after a foster or
2family-operated group home
parent learns that a legal action has been commenced
3against that parent. No claim may be paid under this subsection unless it is
4submitted within the time limits specified in this paragraph.
AB406,42 5Section 42. 48.627 (3) (d) of the statutes is amended to read:
AB406,20,106 48.627 (3) (d) No claim may be approved in an amount exceeding the total
7amount available for paying claims under this subsection in the fiscal year during
8which the claim is submitted. No claim for property damage sustained by a foster
9or family-operated group home parent or a member of a foster or family-operated
10group home
parent's family may be approved in an amount exceeding $250,000.
AB406,43 11Section 43. 48.627 (3) (e) of the statutes is amended to read:
AB406,20,1812 48.627 (3) (e) The department may not approve a claim unless the foster or
13family-operated group home
parent submits with the claim evidence that is
14satisfactory to the department of the cause and value of the claim and evidence that
15insurance coverage is unavailable or inadequate to cover the claim. If insurance is
16available but inadequate, the department may approve a claim only for the amount
17of the value of the claim that it the department determines is in excess of the amount
18covered by insurance.
AB406,44 19Section 44. 48.627 (3) (f) of the statutes is amended to read:
AB406,21,520 48.627 (3) (f) If the total amount of the claims approved during any calendar
21quarter exceeds 25% 25 percent of the total funds available during the fiscal year for
22purposes of this subsection plus any unencumbered funds remaining from the
23previous quarter, the department shall prorate the available funds among the
24claimants with approved claims. The department shall also prorate any
25unencumbered funds remaining in the appropriation under s. 20.437 (1) (cf) at the

1end of each fiscal year among the claimants whose claims were prorated during the
2fiscal year. Payment of a prorated amount from unencumbered funds remaining at
3the end of the fiscal year constitutes a complete payment of the claim for purposes
4of this program, but does not prohibit a foster parent or family-operated group home
5parent
from submitting a claim under s. 16.007 for the unpaid portion.
AB406,45 6Section 45. 48.627 (3) (h) of the statutes is amended to read:
AB406,21,127 48.627 (3) (h) If a claim by a foster or family-operated group home parent or
8a member of the foster or family-operated group home parent's family is approved,
9the department shall deduct from the amount approved $100 less any amount
10deducted by an insurance company from a payment for the same claim, except that
11a foster or family-operated group home parent and his or her family are subject to
12only one deductible for all claims filed in a fiscal year.
AB406,46 13Section 46. 48.627 (4) of the statutes is amended to read:
AB406,21,1914 48.627 (4) Except as provided in s. 895.485, the department is not liable for any
15act or omission by or affecting a child who is placed in a foster home or
16family-operated group home
, but shall, as provided in this section, pay claims
17described under sub. (2m) and may pay claims described under sub. (2s) or may
18purchase insurance to cover such claims as provided for under sub. (2c), within the
19limits of the appropriations under s. 20.437 (1) (cf) and (pd).
AB406,47 20Section 47. 48.647 (3) (d) of the statutes is amended to read:
AB406,22,221 48.647 (3) (d) Ensure that an eligible person receiving services from the private
22agency's program is provided with intake, assessment, case planning, and case
23management services; skills development training in the areas of economic
24self-sufficiency, parenting, independent successful adult living, and life choice
25decision making; prenatal and other health care services, including, if necessary,

1mental health and alcohol and other drug abuse services; child care; and
2transportation.
AB406,48 3Section 48. 48.647 (4) of the statutes is amended to read:
AB406,22,134 48.647 (4) Evaluation. From the appropriation under s. 20.437 (1) (f), the
5department shall conduct or shall select an evaluator to conduct an evaluation of the
6grant program under this section and, by June 1 of the 3rd calendar year beginning
7after the year in which the first grant under this section is awarded, shall submit a
8report on that evaluation to the governor and to the appropriate standing committees
9under s. 13.172 (3). The evaluation shall measure the economic self-sufficiency,
10parenting skills, independent successful adult living skills, and life choice
11decision-making skills of the eligible persons who received services under the
12program and any other criteria that the department determines to be appropriate for
13evaluation.
AB406,49 14Section 49. 48.67 (4) (a) 1m. of the statutes is created to read:
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