AB1-ASA1-CA1,136,117
48.21
(3) (am) The parent, guardian
, or legal custodian may waive
his or her
8right to participate in the hearing under this section.
Agreement in writing of the
9child is required if he or she is over 12. After any waiver, a
hearing rehearing shall
10be granted at the request of
any the parent, guardian, legal custodian, or any other 11interested party
for good cause shown.
AB1-ASA1-CA1,137,714
48.21
(5) (b) 1. A finding that continued placement of the child in his or her
15home would be contrary to the welfare of the child. Unless the judge or circuit court
16commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to
175. applies, the order shall in addition include a finding as to whether the person who
18took the child into custody and the intake worker have made reasonable efforts to
19prevent the removal of the child from the home, while assuring that the child's health
20and safety are the paramount concerns, and a finding as to whether the person who
21took the child into custody and the intake worker have made reasonable efforts to
22make it possible for the child to return safely home or, if for good cause shown
23sufficient information is not available for the judge or circuit court commissioner to
24make a finding as to whether those reasonable efforts were made to prevent the
25removal of the child from the home, a finding as to whether those reasonable efforts
1were made to make it possible for the child to return safely home and an order for
2the county department, department, in a county having a population of 500,000 or
3more, or agency primarily responsible for providing services to the child under the
4custody order to file with the court sufficient information for the judge or circuit court
5commissioner to make a finding as to whether those reasonable efforts were made
6to prevent the removal of the child from the home by no later than 5 days after the
7date of the order.
AB1-ASA1-CA1,137,149
48.21
(5) (b) 3. If the judge or circuit court commissioner finds that any of the
10circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
11a determination that the county department, department, in a county having a
12population of 500,000 or more, or agency primarily responsible for providing services
13under the custody order is not required to make reasonable efforts with respect to the
14parent to make it possible for the child to return safely to his or her home.
AB1-ASA1-CA1,137,2316
48.21
(5) (c) The judge or circuit court commissioner shall make the findings
17specified in par. (b) 1. and 3. on a case-by-case basis based on circumstances specific
18to the child and shall document or reference the specific information on which those
19findings are based in the custody order. A custody order that merely references par.
20(b) 1. or 3. without documenting or referencing that specific information in the
21custody order or an amended custody order that retroactively corrects an earlier
22custody order that does not comply with this paragraph is not sufficient to comply
23with this paragraph.
AB1-ASA1-CA1,138,7
148.21
(5) (d) 1. If the judge or circuit court commissioner finds that any of the
2circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
3the judge or circuit court commissioner shall hold a hearing within 30 days after the
4date of that finding to determine the permanency plan for the child. If a hearing is
5held under this subdivision, the agency responsible for preparing the permanency
6plan shall file the permanency plan with the court not less than 5 days before the date
7of the hearing.
AB1-ASA1-CA1,138,128
2. If a hearing is held under subd. 1., at least 10 days before the date of the
9hearing the court shall notify the child, any parent, guardian, and legal custodian
10of the child, and any foster parent, treatment foster parent, or other physical
11custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the
12hearing.
AB1-ASA1-CA1,138,2213
3. The court shall give a foster parent, treatment foster parent, or other
14physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
152. an opportunity to be heard at the hearing by permitting the foster parent,
16treatment foster parent, or other physical custodian to make a written or oral
17statement during the hearing, or to submit a written statement prior to the hearing,
18relevant to the issues to be determined at the hearing. A foster parent, treatment
19foster parent, or other physical custodian who receives a notice of a hearing under
20subd. 2. and an opportunity to be heard under this subdivision does not become a
21party to the proceeding on which the hearing is held solely on the basis of receiving
22that notice and opportunity to be heard.
AB1-ASA1-CA1,139,624
48.255
(1) (f) If the child is being held in custody outside of his or her home,
25reliable and credible information showing that continued placement of the child in
1his or her home would be contrary to the welfare of the child and, unless any of the
2circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, reliable and credible
3information showing that the person who took the child into custody and the intake
4worker have made reasonable efforts to prevent the removal of the child from the
5home, while assuring that the child's health and safety are the paramount concerns,
6and to make it possible for the child to return safely home.
AB1-ASA1-CA1,139,178
48.255
(1m) (f) If the expectant mother is a child and the child expectant
9mother is being held in custody outside of her home, reliable and credible information
10showing that continued placement of the child expectant mother in her home would
11be contrary to the welfare of the child expectant mother and, unless any of the
12circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, reliable and credible
13information showing that the person who took the child expectant mother into
14custody and the intake worker have made reasonable efforts to prevent the removal
15of the child expectant mother from the home, while assuring that the child expectant
16mother's health and safety are the paramount concerns, and to make it possible for
17the child expectant mother to return safely home.
AB1-ASA1-CA1,139,2119
48.255
(2) If any of the facts required under sub. (1) (a) to (cm)
and (f) or (1m)
20(a) to (d)
and (f) are not known or cannot be ascertained by the petitioner, the petition
21shall so state.
AB1-ASA1-CA1,140,223
48.315
(2m) (a) No continuance or extension of a time limit specified in this
24chapter may be granted and no period of delay specified in sub. (1) may be excluded
1in computing a time requirement under this chapter if the continuance, extension,
2or exclusion would result in any of the following:
AB1-ASA1-CA1,140,93
1. The court making an initial finding under s. 48.21 (5) (b) 1., 48.355 (2) (b) 6.,
4or 48.357 (2v) (a) 1. that reasonable efforts have been made to prevent the removal
5of the child from the home, while assuring that the child's health and safety are the
6paramount concerns, or an initial finding under s. 48.21 (5) (b) 3., 48.355 (2) (b) 6r.,
7or 48.357 (2v) (a) 3. that those efforts were not required to be made because a
8circumstance specified in s. 48.355 (2d) (b) 1. to 5. applies, more than 60 days after
9the date on which the child was removed from the home.
AB1-ASA1-CA1,140,1510
2. The court making an initial finding under s. 48.38 (5m) that the agency
11primarily responsible for providing services to the child has made reasonable efforts
12to achieve the goals of the child's permanency plan more than 12 months after the
13date on which the child was removed from the home or making any subsequent
14findings under s. 48.38 (5m) as to those reasonable efforts more than 12 months after
15the date of a previous finding as to those reasonable efforts.
AB1-ASA1-CA1,140,2116
(b) Failure to comply with any time limit specified in par. (a) does not deprive
17the court of personal or subject matter jurisdiction or of competency to exercise that
18jurisdiction. If a party does not comply with a time limit specified in par. (a), the
19court, while assuring the safety of the child, may dismiss the proceeding with or
20without prejudice, release the child from custody, or grant any other relief that the
21court considers appropriate.
AB1-ASA1-CA1,141,16
148.32
(1) (b) 1. If at the time the consent decree is entered into the child is placed
2outside the home under a voluntary agreement under s. 48.63 or is otherwise living
3outside the home without a court order and if the consent decree maintains the child
4in that placement or other living arrangement, the consent decree shall include a
5finding that placement of the child in his or her home would be contrary to the welfare
6of the child, a finding as to whether the county department, the department, in a
7county having a population of 500,000 or more, or the agency primarily responsible
8for providing services to the child has made reasonable efforts to prevent the removal
9of the child from the home, while assuring that the child's health and safety are the
10paramount concerns, unless the judge or circuit court commissioner finds that any
11of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and a finding as
12to whether the county department, department, or agency has made reasonable
13efforts to achieve the goal of the child's permanency plan, unless return of the child
14to the home is the goal of the permanency plan and the judge or circuit court
15commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to
165. applies.
AB1-ASA1-CA1,141,2317
2. If the judge or circuit court commissioner finds that any of the circumstances
18specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the consent
19decree shall include a determination that the county department, department, in a
20county having a population of 500,000 or more, or agency primarily responsible for
21providing services under the consent decree is not required to make reasonable
22efforts with respect to the parent to make it possible for the child to return safely to
23his or her home.
AB1-ASA1-CA1,142,624
3. The judge or circuit court commissioner shall make the findings specified in
25subds. 1. and 2. on a case-by-case basis based on circumstances specific to the child
1and shall document or reference the specific information on which those findings are
2based in the consent decree. A consent decree that merely references subd. 1. or 2.
3without documenting or referencing that specific information in the consent decree
4or an amended consent decree that retroactively corrects an earlier consent decree
5that does not comply with this subdivision is not sufficient to comply with this
6subdivision.
AB1-ASA1-CA1,142,148
48.32
(1) (c) 1. If the judge or circuit court commissioner finds that any of the
9circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
10the judge or circuit court commissioner shall hold a hearing within 30 days after the
11date of that finding to determine the permanency plan for the child. If a hearing is
12held under this subdivision, the agency responsible for preparing the permanency
13plan shall file the permanency plan with the court not less than 5 days before the date
14of the hearing.
AB1-ASA1-CA1,142,1915
2. If a hearing is held under subd. 1., at least 10 days before the date of the
16hearing the court shall notify the child, any parent, guardian, and legal custodian
17of the child, and any foster parent, treatment foster parent, or other physical
18custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the
19hearing.
AB1-ASA1-CA1,143,420
3. The court shall give a foster parent, treatment foster parent, or other
21physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
222. an opportunity to be heard at the hearing by permitting the foster parent,
23treatment foster parent, or other physical custodian to make a written or oral
24statement during the hearing, or to submit a written statement prior to the hearing,
25relevant to the issues to be determined at the hearing. A foster parent, treatment
1foster parent, or other physical custodian who receives a notice of a hearing under
2subd. 2. and an opportunity to be heard under this subdivision does not become a
3party to the proceeding on which the hearing is held solely on the basis of receiving
4that notice and opportunity to be heard.
AB1-ASA1-CA1,143,117
48.33
(4) Other out-of-home placements. (intro.) A report recommending
8placement of an adult expectant mother outside of her home shall be in writing. A
9report recommending placement of a child in a foster home, treatment foster home,
10group home, or residential care center for children and youth
or in the home of a
11relative other than a parent shall be in writing and shall include all of the following:
AB1-ASA1-CA1,143,2313
48.33
(4) (c) Specific information showing that continued placement of the child
14in his or her home would be contrary to the welfare of the child, specific information
15showing that the county department, the department, in a county having a
16population of 500,000 or more, or the agency primarily responsible for providing
17services to the child has made reasonable efforts to prevent the removal of the child
18from the home, while assuring that the child's health and safety are the paramount
19concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5.
20applies, and specific information showing that the county department, department,
21or agency has made reasonable efforts to achieve the goal of the child's permanency
22plan, unless return of the child to the home is the goal of the permanency plan and
23any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.
AB1-ASA1-CA1,144,15
148.335
(3g) At hearings under this section, if the agency, as defined in s. 48.38
2(1) (a), is recommending placement of the child in a foster home, treatment foster
3home, group home, or residential care center for children and youth or in the home
4of a relative other than a parent, the agency shall present as evidence specific
5information showing that continued placement of the child in his or her home would
6be contrary to the welfare of the child, specific information showing that the county
7department, the department, in a county having a population of 500,000 or more, or
8the agency primarily responsible for providing services to the child has made
9reasonable efforts to prevent the removal of the child from the home, while assuring
10that the child's health and safety are the paramount concerns, unless any of the
11circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and specific information
12showing that the county department, department, or agency has made reasonable
13efforts to achieve the goal of the child's permanency plan, unless return of the child
14to the home is the goal of the permanency plan and any of the circumstances specified
15in s. 48.355 (2d) (b) 1. to 5. applies.
AB1-ASA1-CA1,145,1117
48.355
(2) (b) 6. If the child is placed outside the home, a finding that continued
18placement of the child in his or her home would be contrary to the
health, safety and 19welfare of the child
and, if sub. (2d) does not apply, a finding as to whether the county
20department, the department, in a county having a population of 500,000 or more, or
21the agency primarily responsible for providing services under a court order has made
22reasonable efforts to prevent the removal of the child from the home, while assuring
23that the child's health and safety are the paramount concerns,
or, if applicable, 24unless the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5.
25applies, and a finding as to whether the
county department, department, or agency
1primarily responsible for providing services under a court order has made reasonable
2efforts to
make it possible for the child to return safely to his or her home achieve the
3goal of the child's permanency plan, unless return of the child to the home is the goal
4of the permanency plan and the court finds that any of the circumstances specified
5in sub. (2d) (b) 1. to 5. applies. The court shall make the findings specified in this
6subdivision on a case-by-case basis based on circumstances specific to the child and
7shall document or reference the specific information on which those findings are
8based in the court order. A court order that merely references this subdivision
9without documenting or referencing that specific information in the court order or
10an amended court order that retroactively corrects an earlier court order that does
11not comply with this subdivision is not sufficient to comply with this subdivision.
AB1-ASA1-CA1,145,1813
48.355
(2) (b) 6r. If the court finds that any of the circumstances specified in
14sub. (2d) (b) 1. to 5. applies with respect to a parent, a determination that the county
15department, department, in a county having a population of 500,000 or more, or
16agency primarily responsible for providing services under the court order is not
17required to make reasonable efforts with respect to the parent to make it possible for
18the child to return safely to his or her home.
AB1-ASA1-CA1,146,420
48.355
(2b) Concurrent reasonable efforts permitted. A county
21department, the department, in a county having a population of 500,000 or more, or
22the agency primarily responsible for providing services to a child under a court order
23may, at the same time as the county department, department
, or agency is making
24the reasonable efforts required under sub. (2) (b) 6.
to prevent the removal of the child
25from the home or to make it possible for the child to return safely to his or her home,
1work with the department, a county department under s. 48.57 (1) (e) or (hm)
, or a
2child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place
3the child for adoption, with a guardian
, with a fit and willing relative, or in some
4other alternative permanent placement.
AB1-ASA1-CA1,146,146
48.355
(2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether
7the
county department, department, in a county having a population of 500,000 or
8more, or agency primarily responsible for providing services to the child under a
9court order has made reasonable efforts to
make it possible for the child to return
10safely to his or her home achieve the goal of the permanency plan, the court's
11consideration of reasonable efforts shall include
, but not be limited to, the
12considerations listed under par. (a) 1. to 5. and whether visitation schedules between
13the child and his or her parents were implemented, unless visitation was denied or
14limited by the court.
AB1-ASA1-CA1,147,216
48.355
(2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the court
need not is not
17required to include in a dispositional order a finding as to whether the county
18department, the department, in a county having a population of 500,000 or more, or
19the agency primarily responsible for providing services under a court order has made
20reasonable efforts with respect to a parent of a child to prevent the removal of the
21child from the home, while assuring that the child's health and safety are the
22paramount concerns, or
, if applicable, a finding as to whether the
county department,
23department, or agency
primarily responsible for providing services under a court
24order has made reasonable efforts with respect to a parent of a child to
make it
25possible for the child to return achieve the permanency plan goal of returning the
1child safely to his or her home, if the court finds
, as evidenced by a final judgment
2of conviction, any of the following:
AB1-ASA1-CA1,147,54
48.355
(2d) (b) 1. That the parent has subjected the child to aggravated
5circumstances
, as evidenced by a final judgment of conviction.
AB1-ASA1-CA1,147,127
48.355
(2d) (b) 2. That the parent has committed, has aided or abetted the
8commission of, or has solicited, conspired
, or attempted to commit, a violation of s.
9940.01, 940.02, 940.03
, or 940.05 or a violation of the law of any other state or federal
10law, if that violation would be a violation of s. 940.01, 940.02, 940.03
, or 940.05 if
11committed in this state,
as evidenced by a final judgment of conviction, and that the
12victim of that violation is a child of the parent.
AB1-ASA1-CA1,147,2114
48.355
(2d) (b) 3. That the parent has committed a violation of s. 940.19 (2), (3),
15(4)
, or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025
, or 948.03 (2) (a) or (3) (a) or
16a violation of the law of any other state or federal law, if that violation would be a
17violation of s. 940.19 (2), (3), (4)
, or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025
, 18or 948.03 (2) (a) or (3) (a) if committed in this state,
as evidenced by a final judgment
19of conviction, and that the violation resulted in great bodily harm, as defined in s.
20939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child
21or another child of the parent.
AB1-ASA1-CA1, s. 102b
22Section 102b. 48.355 (2d) (b) 3. of the statutes, as affected by 2001 Wisconsin
23Act .... (this act), is amended to read:
AB1-ASA1-CA1,148,624
48.355
(2d) (b) 3. That the parent has committed
a violation of s. 940.19 (3),
251999 stats., a violation of s. 940.19 (2),
(3), (4), or (5), 940.225 (1) or (2), 948.02 (1) or
1(2), 948.025, or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or
2federal law, if that violation would be a violation of s. 940.19 (2),
(3), (4), or (5), 940.225
3(1) or (2), 948.02 (1) or (2), 948.025, or 948.03 (2) (a) or (3) (a) if committed in this state,
4as evidenced by a final judgment of conviction, and that the violation resulted in
5great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as
6defined in s. 939.22 (38), to the child or another child of the parent.
AB1-ASA1-CA1,148,108
48.355
(2d) (b) 4. That the parental rights of the parent to another child have
9been involuntarily terminated
, as evidenced by a final order of a court of competent
10jurisdiction terminating those parental rights.
AB1-ASA1-CA1,148,1613
48.355
(2d) (b) 5. That the parent has been found under s. 48.13 (2m) to have
14relinquished custody of the child under s. 48.195 (1) when the child was 72 hours old
15or younger
, as evidenced by a final order of a court of competent jurisdiction making
16that finding.
AB1-ASA1-CA1,148,2518
48.355
(2d) (bm) The court shall make a finding specified in par. (b) 1. to 5. on
19a case-by-case basis based on circumstances specific to the child and shall document
20or reference the specific information on which that finding is based in the
21dispositional order. A dispositional order that merely references par. (b) 1. to 5.
22without documenting or referencing that specific information in the dispositional
23order or an amended dispositional order that retroactively corrects an earlier
24dispositional order that does not comply with this paragraph is not sufficient to
25comply with this paragraph.
AB1-ASA1-CA1,149,93
48.355
(2d) (c) 1. If the court
makes a finding finds that any of the
4circumstances specified in par. (b) 1.
, 2., 3., 4., or 5. to 5. applies with respect to a
5parent, the court shall hold a hearing within 30 days after the date of that finding
6to determine the permanency plan for the child. If a hearing is held under this
7paragraph subdivision, the agency responsible for preparing the permanency plan
8shall file the permanency plan with the court not less than 5 days before the date of
9the hearing.
AB1-ASA1-CA1,149,1511
48.355
(2d) (c) 2. If a hearing is held under subd. 1., at least 10 days before the
12date of the hearing the court shall notify the child, any parent, guardian, and legal
13custodian of the child, and any foster parent, treatment foster parent, or other
14physical custodian described in s. 48.62 (2) of the child of the time, place, and purpose
15of the hearing.
AB1-ASA1-CA1,149,2516
3. The court shall give a foster parent, treatment foster parent, or other
17physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
182. an opportunity to be heard at the hearing by permitting the foster parent,
19treatment foster parent, or other physical custodian to make a written or oral
20statement during the hearing, or to submit a written statement prior to the hearing,
21relevant to the issues to be determined at the hearing. A foster parent, treatment
22foster parent, or other physical custodian who receives a notice of a hearing under
23subd. 2. and an opportunity to be heard under this subdivision does not become a
24party to the proceeding on which the hearing is held solely on the basis of receiving
25that notice and opportunity to be heard.
AB1-ASA1-CA1,150,222
48.355
(4) Termination of orders. Except as provided under s. 48.368,
all
3orders an order under this section
shall terminate at the end of one year unless the
4judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or
5revisions or s. 48.357 or 48.365 made before the child reaches 18 years of age that
6places or continues the placement of the child in his or her home shall terminate at
7the end of one year
after its entry unless the judge specifies a shorter period of time
.
8Any order made before the child reaches the age of majority or
or the judge
9terminates the order sooner. Except as provided under s. 48.368, an order under this
10section or s. 48.357 or 48.365 made before the child reaches 18 years of age that places
11or continues the placement of the child in a foster home, treatment foster home,
12group home, or residential care center for children and youth or in the home of a
13relative other than a parent shall terminate when the child reaches 18 years of age,
14at the end of one year after its entry, or, if the child is a full-time student at a
15secondary school or its vocational or technical equivalent and is reasonably expected
16to complete the program before reaching 19 years of age, when the child reaches 19
17years of age, whichever is later, unless the judge specifies a shorter period of time or
18the judge terminates the order sooner. An order under this section or s. 48.357 or
1948.365 relating to an unborn child in need of protection or services that is made 20before the unborn child is born shall
be effective for a time up to terminate at the end
21of one year after its entry unless the judge specifies a shorter period of time
or the
22judge terminates the order sooner.
AB1-ASA1-CA1,151,5
148.357
(1) (a) The person or agency primarily responsible for implementing the
2dispositional order, the district attorney, or the corporation counsel may request a
3change in the placement of the child or expectant mother, whether or not the change
4requested is authorized in the dispositional order,
and
, as provided in par. (am) or (c),
5whichever is applicable.
AB1-ASA1-CA1,151,19
6(am) 1. If the proposed change in placement involves any change in placement
7other than a change in placement specified in par. (c), the person or agency primarily
8responsible for implementing the dispositional order, the district attorney, or the
9corporation counsel shall cause written notice
of the proposed change in placement 10to be sent to the child, the parent, guardian, and legal custodian of the child, any
11foster parent, treatment foster parent, or other physical custodian described in s.
1248.62 (2) of the child, the child's court-appointed special advocate, and, if the child
13is the expectant mother of an unborn child under s. 48.133, the unborn child by the
14unborn child's guardian ad litem. If the expectant mother is an adult, written notice
15shall be sent to the adult expectant mother and the unborn child by the unborn child's
16guardian ad litem. The notice shall contain the name and address of the new
17placement, the reasons for the change in placement, a statement describing why the
18new placement is preferable to the present placement, and a statement of how the
19new placement satisfies objectives of the treatment plan ordered by the court.
AB1-ASA1-CA1,152,1122
48.357
(1) (am) 2. Any person receiving the notice under
par. (a) subd. 1. or
23notice of a specific placement under s. 48.355 (2) (b) 2., other than a court-appointed
24special advocate, may obtain a hearing on the matter by filing an objection with the
25court within 10 days after receipt of the notice. Placements may not be changed until
110 days after that notice is sent to the court unless the parent, guardian, or legal
2custodian and the child, if 12 years of age or over, or the child expectant mother, if
312 years of age or over, her parent, guardian, or legal custodian and the unborn child
4by the unborn child's guardian ad litem, or the adult expectant mother and the
5unborn child by the unborn child's guardian ad litem, sign written waivers of
6objection, except that
placement changes
in placement that were authorized in the
7dispositional order may be made immediately if notice is given as required under
par.
8(a) subd. 1. In addition, a hearing is not required for placement changes authorized
9in the dispositional order except when an objection filed by a person who received
10notice alleges that new information is available that affects the advisability of the
11court's dispositional order.
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(1) (am) 3. If the court changes the child's placement from a placement
14outside the home to another placement outside the home, the change in placement
15order shall contain one of the statements specified in sub. (2v) (a) 2.
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(1) (c) 1. If the proposed change in placement would change the
18placement of a child placed in the home to a placement outside the home, the person
19or agency primarily responsible for implementing the dispositional order, the district
20attorney, or the corporation counsel shall submit a request for the change in
21placement to the court. The request shall contain the name and address of the new
22placement, the reasons for the change in placement, a statement describing why the
23new placement is preferable to the present placement, and a statement of how the
24new placement satisfies objectives of the treatment plan ordered by the court. The
25request shall also contain specific information showing that continued placement of
1the child in his or her home would be contrary to the welfare of the child and, unless
2any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, specific
3information showing that the agency primarily responsible for implementing the
4dispositional order has made reasonable efforts to prevent the removal of the child
5from the home, while assuring that the child's health and safety are the paramount
6concerns.
AB1-ASA1-CA1,153,137
2. The court shall hold a hearing prior to ordering any change in placement
8requested under subd. 1. Not less than 3 days prior to the hearing, the court shall
9provide notice of the hearing, together with a copy of the request for the change in
10placement, to the child, the parent, guardian, and legal custodian of the child, the
11child's court-appointed special advocate, and all parties that are bound by the
12dispositional order. If all parties consent, the court may proceed immediately with
13the hearing.
AB1-ASA1-CA1,153,1914
3. If the court changes the child's placement from a placement in the child's
15home to a placement outside the child's home, the change in placement order shall
16contain the findings specified in sub. (2v) (a) 1., one of the statements specified in sub.
17(2v) (a) 2., and, if in addition the court finds that any of the circumstances specified
18in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination
19specified in sub. (2v) (a) 3.
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(2) If emergency conditions necessitate an immediate change in the
23placement of a child or expectant mother placed outside the home, the person or
24agency primarily responsible for implementing the dispositional order may remove
25the child or expectant mother to a new placement, whether or not authorized by the
1existing dispositional order, without the prior notice provided in sub. (1)
(a) (am) 1.
2The notice shall, however, be sent within 48 hours after the emergency change in
3placement. Any party receiving notice may demand a hearing under sub. (1)
(b) (am)
42. In emergency situations, a child may be placed in a licensed public or private
5shelter care facility as a transitional placement for not more than 20 days, as well
6as in any placement authorized under s. 48.345 (3).
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(2m) (a) The child, the parent, guardian, or legal custodian of the child,
10the expectant mother, the unborn child by the unborn child's guardian ad litem, or
11any person or agency primarily bound by the dispositional order, other than the
12person or agency responsible for implementing the order, may request a change in
13placement under this paragraph. The request shall contain the name and address
14of
the place of the new placement requested and shall state what new information
15is available that affects the advisability of the current placement.
If the proposed
16change in placement would change the placement of a child placed in the home to a
17placement outside the home, the request shall also contain specific information
18showing that continued placement of the child in the home would be contrary to the
19welfare of the child and, unless any of the circumstances specified in s. 48.355 (2d)
20(b) 1. to 5. applies, specific information showing that the agency primarily
21responsible for implementing the dispositional order has made reasonable efforts to
22prevent the removal of the child from the home, while assuring that the child's health
23and safety are the paramount concerns. The request shall be submitted to the court.
24In addition, the court may propose a change in placement on its own motion.
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(2m) (b) The court shall hold a hearing on the matter prior to ordering
4any change in placement requested or proposed under par. (a) if the request states
5that new information is available that affects the advisability of the current
6placement, unless
the requested or proposed change in placement involves any
7change in placement other than a change in placement of a child placed in the home
8to a placement outside the home and written waivers of objection to the proposed
9change in placement are signed by all persons entitled to receive notice under sub.
10(1)
(a) (am) 1., other than a court-appointed special advocate, and the court approves.
11If a hearing is scheduled, the court shall notify the child, the parent, guardian, and
12legal custodian of the child, any foster parent, treatment foster parent,
or other
13physical custodian described in s. 48.62 (2) of the child, the child's court-appointed
14special advocate, all parties who are bound by the dispositional order, and, if the child
15is the expectant mother of an unborn child under s. 48.133, the unborn child by the
16unborn child's guardian ad litem, or shall notify the adult expectant mother, the
17unborn child by the unborn child's guardian ad litem, and all parties who are bound
18by the dispositional order, at least 3 days prior to the hearing. A copy of the request
19or proposal for the change in placement shall be attached to the notice. If all
of the
20parties consent, the court may proceed immediately with the hearing.
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(2m) (c) If the court changes the child's placement from a placement in
23the child's home to a placement outside the child's home, the change in placement
24order shall contain the findings specified in sub. (2v) (a) 1., one of the statements
25specified in sub. (2v) (a) 2., and, if in addition the court finds that any of the
1circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
2the determination specified in sub. (2v) (a) 3.