938.365 (2m) (ad) 1. If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.
2. If a hearing is held under subd. 1., 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, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.
109,533df
Section 533df. 938.365 (2m) (ag) of the statutes is amended to read:
938.365 (2m) (ag) In addition to any evidence presented under par. (a), the The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile who is notified of a hearing under par. (ad) 2. or sub. (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. Any written or oral statement made under this paragraph shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under par. (ad) 2. or sub. (2) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
109,533dh
Section 533dh. 938.365 (5) of the statutes is amended to read:
938.365 (5) Except as provided in s. 938.368, all orders an order under this section that continues the placement of a juvenile in his or her home or that extends an order under s. 938.34 (4d), (4h), (4m), or (4n) shall be for a specified length of time not to exceed one year after its date of entry. Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall be for a specified length of time not to exceed the date on which the juvenile reaches 18 years of age, one year after the date of entry of the order, or, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, the date on which the juvenile reaches 19 years of age, whichever is later.
938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, residential care center for children and youth, secure detention facility, or shelter care facility, 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 shall prepare a written permanency plan, if any of the following conditions exists, and, for each juvenile living in the home of a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions specified in pars. (a) to (e) exists:
109,533dL
Section 533dL. 938.38 (2) (c) of the statutes is amended to read:
938.38 (2) (c) The juvenile is under the supervision of an agency under s. 48.64 (2) or pursuant to, under a consent decree under s. 938.32 (1) (c), or under a court order under s. 938.355.
109,533dn
Section 533dn. 938.38 (2) (f) of the statutes is amended to read:
938.38 (2) (f) The juvenile's care is paid would be paid for under s. 49.19 but for s. 49.19 (20).
109,533dp
Section 533dp. 938.38 (3) (intro.) of the statutes is amended to read:
938.38 (3) Time. (intro.) Subject to s. 938.355 (2d) (c) 1., the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first held in physical custody or placed outside of removed from his or her home under a court order, except under either of the following conditions:
109,533dr
Section 533dr. 938.38 (4) (intro.) of the statutes is amended to read:
938.38 (4) Contents of plan. (intro.) The permanency plan shall include a description of all of the following:
109,533dt
Section 533dt. 938.38 (4) (a) of the statutes is renumbered 938.38 (4) (ar) and amended to read:
938.38 (4) (ar) The A description of the services offered and any service services provided in an effort to prevent holding or placing the juvenile outside of
the removal of the juvenile from his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to make it possible for the juvenile to return safely home achieve the goal of the permanency plan, except that the permanency plan need not is not required to include a description of those
the services offered or provided with respect to a parent of the juvenile to prevent the removal of the juvenile from the home or to achieve the permanency plan goal of returning the juvenile safely to his or her home if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or
to 4. apply to that parent.
109,533dv
Section 533dv. 938.38 (4) (ag) of the statutes is created to read:
938.38 (4) (ag) The name, address, and telephone number of the juvenile's parent, guardian, and legal custodian.
109,533dx
Section 533dx. 938.38 (4) (am) of the statutes is created to read:
938.38 (4) (am) The date on which the juvenile was removed from his or her home and the date on which the juvenile was placed in out-of-home care.
109,533dz
Section 533dz. 938.38 (4) (bm) of the statutes is amended to read:
938.38 (4) (bm) The A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, a statement as to why placement with the relative is not safe or appropriate.
109,533e
Section 533e. 938.38 (4) (dg) of the statutes is created to read:
938.38 (4) (dg) Information about the juvenile's education, including all of the following:
1. The name and address of the school in which the juvenile is or was most recently enrolled.
2. Any special education programs in which the juvenile is or was previously enrolled.
3. The grade level in which the juvenile is or was most recently enrolled and all information that is available concerning the juvenile's grade level performance.
4. A summary of all available education records relating to the juvenile that are relevant to any education goals included in the education services plan prepared under s. 938.33 (1) (e).
109,533eb
Section 533eb. 938.38 (4) (dm) of the statutes is created to read:
938.38 (4) (dm) If as a result of the placement the juvenile has been or will be transferred from the school in which the juvenile is or most recently was enrolled, documentation that a placement that would maintain the juvenile in that school is either unavailable or inappropriate or that a placement that would result in the juvenile's transfer to another school would be in the juvenile's best interests.
109,533ed
Section 533ed. 938.38 (4) (dr) of the statutes is created to read:
938.38 (4) (dr) Medical information relating to the juvenile, including all of the following:
1. The names and addresses of the juvenile's physician, dentist, and any other health care provider that is or was previously providing health care services to the juvenile.
2. The juvenile's immunization record, including the name and date of each immunization administered to the juvenile.
3. Any known medical condition for which the juvenile is receiving medical care or treatment and any known serious medical condition for which the juvenile has previously received medical care or treatment.
4. The name, purpose, and dosage of any medication that is being administered to the juvenile and the name of any medication that causes the juvenile to suffer an allergic or other negative reaction.
109,533ef
Section 533ef. 938.38 (4) (e) of the statutes is amended to read:
938.38 (4) (e) The A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of the juvenile and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the juvenile or, if available, why such services are not safe or appropriate.
109,533eh
Section 533eh. 938.38 (4) (f) (intro.) of the statutes is amended to read:
938.38 (4) (f) (intro.) The A description of the services that will be provided to the juvenile, the juvenile's family, and the juvenile's foster parent, the juvenile's treatment foster parent or, the operator of the facility where the juvenile is living, or the relative with whom the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:
109,533ej
Section 533ej. 938.38 (4) (fg) of the statutes is created to read:
938.38 (4) (fg) The goal of the permanency plan or, if the agency is making concurrent reasonable efforts under s. 938.355 (2b), the goals of the permanency plan. If a goal of the permanency plan is any goal other than return of the juvenile to his or her home, the permanency plan shall include the rationale for deciding on that goal. If a goal of the permanency plan is an alternative permanent placement under subd. 5., the permanency plan shall document a compelling reason why it would not be in the best interest of the juvenile to pursue a goal specified in subds. 1. to 4. The agency shall determine one or more of the following goals to be the goal or goals of a juvenile's permanency plan:
1. Return of the juvenile to the juvenile's home.
2. Placement of the juvenile for adoption.
3. Placement of the juvenile with a guardian.
4. Permanent placement of the juvenile with a fit and willing relative.
5. Some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.
109,533eL
Section 533eL. 938.38 (4) (fm) of the statutes is amended to read:
938.38 (4) (fm) If the goal of the permanency plan calls for placing is to place the juvenile for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement, the efforts made to place the juvenile for adoption, with a guardian or in some other alternative permanent placement achieve that goal.
109,533en
Section 533en. 938.38 (4) (h) of the statutes is created to read:
938.38 (4) (h) If the juvenile is 15 years of age or over, a description of the programs and services that are or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living. The description shall include all of the following:
1. The anticipated age at which the juvenile will be discharged from out-of-home care.
2. The anticipated amount of time available in which to prepare the juvenile for the transition from out-of-home care to independent living.
3. The anticipated location and living situation of the juvenile on discharge from out-of-home care.
4. A description of the assessment processes, tools, and methods that have been or will be used to determine the programs and services that are or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living.
5. The rationale for each program or service that is or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living, the time frames for delivering those programs or services, and the intended outcome of those programs or services.
938.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed under this paragraph
par. (ag) shall review the permanency plan every in the manner provided in this subsection not later than 6 months from after the date on which the juvenile was first held in physical custody or placed outside of removed from his or her home and every 12 months after a previous review under this subsection for as long as the juvenile is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the juvenile was first removed from his or her home and the reviews that are required to be conducted every 12 months after that review the court shall hold a hearing under sub. (5m) to review the permanency plan, which hearing may be instead of or in addition to the review under this subsection.
(ag) If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the juvenile or the parents of the juvenile whose permanency plan is the subject of the review.
109,533er
Section 533er. 938.38 (5) (b) of the statutes is amended to read:
938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile, if he or she is 10 years of age or older, and the juvenile's foster parent, the juvenile's treatment foster parent or, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living of the date, time, and place 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 by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel, and the juvenile's guardian ad litem of the date of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review. 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.
109,533et
Section 533et. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:
938.38 (5) (c) 6. (intro.) If the juvenile has been placed outside of his or her home, as described in s. 938.365 (1), for 15 of the most recent 22 months, not including any period during which the juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile was returned to his or her home for a trial home visit, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:
109,533ev
Section 533ev. 938.38 (5) (c) 6. am. of the statutes is renumbered 938.38 (5) (c) 6. cm. and amended to read:
938.38 (5) (c) 6. cm. Being placed in the home of a fit and willing relative of the juvenile.
109,533ex
Section 533ex. 938.38 (5) (c) 6. cg. of the statutes is created to read:
938.38 (5) (c) 6. cg. Being placed with a guardian.
109,533ez
Section 533ez. 938.38 (5) (c) 6. d. of the statutes is amended to read:
938.38 (5) (c) 6. d. Being placed in some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.
109,533f
Section 533f. 938.38 (5) (c) 7. of the statutes is amended to read:
938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the juvenile to return safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or 4. apply to that parent achieve the goal of the permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.
109,533fb
Section 533fb. 938.38 (5m) of the statutes is created to read:
938.38 (5m) Permanency plan hearing. (a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in sub. (5) (c) no later than 12 months after the date on which the juvenile was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the juvenile is placed outside the home.
(b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, the juvenile's counsel, and the juvenile's guardian ad litem; or the relative with whom the juvenile is living; the agency that prepared the permanency plan; and the person representing the interests of the public of the date, time, and place of the hearing.
(c) Any person who is provided notice of the hearing 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, treatment foster parent, operator of a facility in which a juvenile is living, or relative with whom a juvenile is living who receives notice of a hearing under par. (b) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
(d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under par. (c) to the court, to the juvenile's parent, guardian, and legal custodian, to the person representing the interests of the public, and to the juvenile's counsel or guardian ad litem. Notwithstanding s. 938.78 (2) (a), the person representing the interests of the public and the juvenile's counsel or guardian ad litem may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.
(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 or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the agency that prepared the permanency plan; and the person representing the interests of the public. 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.
(f) If the findings of fact and conclusions of law under par. (e) conflict with the juvenile's dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under s. 938.363 or order a change in placement under s. 938.357, as appropriate.
109,533fd
Section 533fd. 938.78 (2) (a) of the statutes is amended to read:
938.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or (5m) (d), or 938.51 or by order of the court.
109,534
Section 534. 938.78 (3) of the statutes is amended to read:
938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, child caring institution, secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified time period and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution, home or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.
109,535
Section 535. 939.22 (21) (d) of the statutes is amended to read:
939.22 (21) (d) Battery, substantial battery or aggravated battery, as prohibited in s. 940.19 or 940.195.
109,535m
Section 535m. 939.24 (2) of the statutes is amended to read:
939.24 (2) Except as provided in ss. 940.285, 940.29 and, 940.295, and 943.76, if criminal recklessness is an element of a crime in chs. 939 to 951, the recklessness is indicated by the term "reckless" or "recklessly".
109,536
Section 536. 939.30 (1) of the statutes is amended to read:
