SB345, s. 21 17Section 21. 48.43 (5) (b) of the statutes is renumbered 48.43 (5) (b) 1.
SB345, s. 22 18Section 22. 48.43 (5) (b) 2. of the statutes is created to read:
SB345,11,419 48.43 (5) (b) 2. The court shall give a foster parent, treatment foster parent or
20other physical custodian described in s. 48.62 (2) who is notified of a hearing under
21subd. 1. an opportunity to be heard at the hearing by permitting the foster parent,
22treatment foster parent or other physical custodian to make a written or oral
23statement during the hearing, or to submit a written statement prior to the hearing,
24relevant to the issues to be determined at the hearing. Any written or oral statement
25made under this subdivision shall be made upon oath or affirmation. A foster parent,

1treatment foster parent or other physical custodian described in s. 48.62 (2) who
2receives a notice of a hearing under subd. 1. and an opportunity to be heard under
3this subdivision does not become a party to the proceeding on which the hearing is
4held solely on the basis of receiving that notice and opportunity to be heard.
SB345, s. 23 5Section 23. 938.27 (3) (a) 1m. of the statutes is repealed.
SB345, s. 24 6Section 24. 938.27 (3) (a) 2. of the statutes is amended to read:
SB345,11,167 938.27 (3) (a) 2. Failure to give notice under subd. 1. to a foster parent,
8treatment foster parent or other physical custodian described in s. 48.62 (2) does not
9deprive the court of jurisdiction in the action or proceeding. If a foster parent,
10treatment foster parent or other physical custodian described in s. 48.62 (2) is not
11given notice of a hearing under subd. 1. and if the court is required under this chapter
12to permit that person to make a written or oral statement during the hearing or to
13submit a written statement prior to the hearing and that person does not make or
14submit such a statement
, that person may request a rehearing on the matter during
15the pendency of an order resulting from the hearing. If the request is made, the court
16shall order a rehearing.
SB345, s. 25 17Section 25. 938.27 (6) of the statutes is amended to read:
SB345,11,2418 938.27 (6) When a proceeding is initiated under s. 938.14, all interested parties
19shall receive notice and appropriate summons shall be issued in a manner specified
20by the court, consistent with applicable governing statutes. In addition, if the
21juvenile who is the subject of the proceeding is in the care of a foster parent,
22treatment foster parent or other physical custodian described in s. 48.62 (2), the court
23shall give the foster parent, treatment foster parent or other physical custodian
24notice and an opportunity to be heard as provided in sub. (3) (a).
SB345, s. 26
1Section 26. 938.355 (2b) of the statutes is renumbered 938.355 (2b) (intro.) and
2amended to read:
SB345,12,73 938.355 (2b) Concurrent reasonable efforts permitted. (intro.) A county
4department that provides social services or the agency primarily responsible for
5providing services to a juvenile under a court order may, at the same time as the
6county department or agency is making the reasonable efforts required under sub.
7(2) (b) 6., work do one or both of the following:
SB345,12,10 8(a) Work with the department of health and family services, a county
9department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s.
1048.61 (5) in making reasonable efforts to place the juvenile for adoption,.
SB345,12,13 11(b) Work with the department of health and family services, a county
12department or a child welfare agency in making reasonable efforts to place the child

13with a guardian or in some other alternative permanent placement.
SB345, s. 27 14Section 27. 938.355 (2d) (a) 1. of the statutes is amended to read:
SB345,12,2115 938.355 (2d) (a) 1. "Aggravated circumstances" include abandonment in
16"Abandonment" means a violation of s. 948.20 or in a violation of the law of any other
17state or federal law if that violation would be a violation of s. 948.20 if committed in
18this state, torture, chronic abuse and sexual abuse as evidenced by a final judgment
19of conviction, or an action or inaction that results in a finding of abandonment under
20s. 48.13 (2) or under a law of any other state or a federal law that is comparable to
21s. 48.13 (2), as evidenced by a final order of a court of competent jurisdiction
.
SB345, s. 28 22Section 28. 938.355 (2d) (a) 1d. of the statutes is created to read:
SB345,12,2423 938.355 (2d) (a) 1d. "Aggravated circumstances" include abandonment,
24chronic abuse, sexual abuse and torture.
SB345, s. 29 25Section 29. 938.355 (2d) (a) 1j. of the statutes is created to read:
SB345,13,6
1938.355 (2d) (a) 1j. "Chronic abuse" means 2 or more violations of s. 940.19 (1)
2or (6) or 948.03 (2) (b) or (c) or (3) (b) or (c) or of a law of any other state or federal law,
3if that violation would be a violation of s. 940.19 (1) or (6) or 948.03 (2) (b) or (c) or
4(3) (b) or (c) if committed in this state, that result in bodily harm, as defined in s.
5939.22 (4), as evidenced by final judgments of conviction on 2 or more separate
6occasions.
SB345, s. 30 7Section 30. 938.355 (2d) (a) 2. of the statutes is amended to read:
SB345,13,128 938.355 (2d) (a) 2. "Sexual abuse" means a violation of s. 940.225, 944.30,
9948.02, 948.025, 948.05, 948.055, 948.06, 948.09 or 948.10 or a violation of the law
10of any other state or federal law if that violation would be a violation of s. 940.225,
11944.30, 948.02, 948.025, 948.05, 948.055, 948.06, 948.09 or 948.10 if committed in
12this state, as evidenced by a final judgment of conviction.
SB345, s. 31 13Section 31. 938.355 (2d) (a) 3. of the statutes is created to read:
SB345,13,1714 938.355 (2d) (a) 3. "Torture" means a violation of s. 940.21 or 948.04 (1) or a
15violation of the law of any other state or federal law if that violation would be a
16violation of s. 940.21 or 948.04 (1) if committed in this state, as evidenced by a final
17judgment of conviction.
SB345, s. 32 18Section 32. 938.355 (2d) (b) (intro.) of the statutes is amended to read:
SB345,14,319 938.355 (2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the court need not
20include in a dispositional order a finding as to whether a county department which
21provides social services or the agency primarily responsible for providing services
22under a court order has made reasonable efforts with respect to a parent of a juvenile
23to prevent the removal of the juvenile from the home, while assuring that the
24juvenile's health and safety are the paramount concerns, or, if applicable, a finding
25as to whether the agency primarily responsible for providing services under a court

1order has made reasonable efforts with respect to a parent of a juvenile to make it
2possible for the juvenile to return safely to his or her home, if the court finds, as
3evidenced by a final judgment of conviction,
any of the following:
SB345, s. 33 4Section 33. 938.355 (2d) (b) 2. of the statutes is amended to read:
SB345,14,105 938.355 (2d) (b) 2. That the parent has committed, has aided or abetted the
6commission of, or has solicited, conspired or attempted to commit, a violation of s.
7940.01, 940.02, 940.03 or 940.05 or a violation of the law of any other state or federal
8law, if that violation would be a violation of s. 940.01, 940.02, 940.03 or 940.05 if
9committed in this state, as evidenced by a final judgment of conviction, and that the
10victim of that violation is a child of the parent.
SB345, s. 34 11Section 34. 938.355 (2d) (b) 3. of the statutes is amended to read:
SB345,14,1912 938.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (2),
13(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a)
14or a violation of the law of any other state or federal law, if that violation would be
15a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025
16or 948.03 (2) (a) or (3) (a) if committed in this state, as evidenced by a final judgment
17of conviction,
and that the violation resulted in great bodily harm, as defined in s.
18938.22 939.22 (14), or in substantial bodily harm, as defined in s. 938.22 939.22 (38),
19to the juvenile or another child of the parent.
SB345, s. 35 20Section 35. 938.355 (2d) (b) 4. of the statutes is amended to read:
SB345,14,2321 938.355 (2d) (b) 4. That the parental rights of the parent to another child have
22been involuntarily terminated, as evidenced by a final order of a court of competent
23jurisdiction terminating those parental rights
.
SB345, s. 36 24Section 36. 938.355 (2d) (d) of the statutes is created to read:
SB345,15,5
1938.355 (2d) (d) 1. If a hearing is held under par. (c), at least 10 days before the
2date of the hearing the court shall notify the juvenile, if 12 years of age or over, any
3parent, guardian and legal custodian of the juvenile and any foster parent, treatment
4foster parent or other physical custodian described in s. 48.62 (2) of the juvenile of
5the time, place and purpose of the hearing.
SB345,15,166 2. The court shall give a foster parent, treatment foster parent or other physical
7custodian described in s. 48.62 (2) who is notified of a hearing under subd. 1. an
8opportunity to be heard at the hearing by permitting the foster parent, treatment
9foster parent or other physical custodian to make a written or oral statement during
10the hearing, or to submit a written statement prior to the hearing, relevant to the
11issues to be determined at the hearing. Any written or oral statement made under
12this subdivision shall be made upon oath or affirmation. A foster parent, treatment
13foster parent or other physical custodian described in s. 48.62 (2) who receives a
14notice of a hearing under subd. 1. and an opportunity to be heard under this
15subdivision does not become a party to the proceeding on which the hearing is held
16solely on the basis of receiving that notice and opportunity to be heard.
SB345, s. 37 17Section 37. 938.365 (1) of the statutes is amended to read:
SB345,15,2218 938.365 (1) In this section, a juvenile is considered to have been placed outside
19of his or her home on the date on which the juvenile was first placed outside of his
20or her home pursuant to an order under this section or s. 938.345, or 938.357 or
21938.363
or on the date that is 60 days after the date on which the juvenile was
22removed from his or her home, whichever is earlier.
SB345, s. 38 23Section 38. 938.38 (4) (am) of the statutes is created to read:
SB345,16,224 938.38 (4) (am) Any efforts to place the juvenile for adoption, with a guardian
25or in some other alternative permanent placement that were made under s. 938.355

1(2b) at the same time as the services described in par. (a) were offered or provided
2or, if those efforts were not made, the basis for the decision not to make those efforts.
SB345, s. 39 3Section 39. 938.38 (5) (b) of the statutes is amended to read:
SB345,16,194 938.38 (5) (b) The court or the agency shall notify the parents of the juvenile,
5the juvenile if he or she is 10 years of age or older and the juvenile's foster parent,
6the juvenile's treatment foster parent or the operator of the facility in which the
7juvenile is living of the date, time and place of the review, of the issues to be
8determined as part of the review, of the fact that they may have an opportunity to
9be heard at the review by submitting written comments not less than 10 working
10days before the review or by participating at the review. The court or agency shall
11notify the person representing the interests of the public, the juvenile's counsel and
12the juvenile's guardian ad litem of the date of the review, of the issues to be
13determined as part of the review and of the fact that they may submit written
14comments not less than 10 working days before the review. Any written or oral
15statement made to the court under this paragraph by a foster parent, treatment
16foster parent or operator of a facility in which a juvenile is living shall be made under
17oath or affirmation.
The notices under this paragraph shall be provided in writing
18not less than 30 days before the review and copies of the notices shall be filed in the
19juvenile's case record.
SB345, s. 40 20Section 40. Initial applicability.
SB345,16,2421 (1) Juvenile court orders. The treatment of sections 48.355 (2d) (a) 1., 1d., 1j.,
222. and 3. and (b) (intro.), 2., 3. and 4. and 938.355 (2d) (a) 1., 1d., 1j., 2. and 3. and (b)
23(intro.), 2., 3. and 4. of the statutes first applies to juvenile court orders entered on
24the effective date of this subsection.
SB345,17,4
1(2) Permanency plan filings. The treatment of sections 48.38 (4) (am) and
2938.38 (4) (am) of the statutes first applies to permanency plans that are filed with
3the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes
4on the effective date of this subsection.
SB345,17,105 (3) Juvenile court hearings and permanency plan reviews. The treatment of
6sections 48.27 (3) (a) 1m. and 2. and (6), 48.38 (5) (b), 48.42 (2g) (am) and (b), 48.427
7(1m), 938.27 (3) (a) 1m. and 2. and (6) and 938.38 (5) (b) of the statutes, the
8renumbering of section 48.43 (5) (b) of the statutes and the creation of section 48.43
9(5) (b) 2. of the statutes first apply to juvenile court hearings and permanency plan
10reviews held on the effective date of this subsection.
SB345,17,1311 (4) Permanency plan hearings. The treatment of sections 48.355 (2d) (d) and
12938.355 (2d) (d) of the statutes first applies to permanency plan hearings held 10
13days after the effective date of this subsection.
SB345,17,1414 (End)
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