Under current law, the court assigned to exercise jurisdiction under the
children's code (juvenile court) has jurisdiction over a child who is alleged to be in
need of protection or services which can be ordered by the juvenile court and who
meets certain grounds. Currently, if a juvenile court finds a child to be in need of
protection or services, the juvenile court may order certain dispositions to protect the
well-being of the child, including placing the child in a group home. Current law also
permits a child's parent or guardian to place the child in a group home under a
voluntary agreement, but for no longer than 15 days.
This bill grants to the juvenile court jurisdiction over a child who is at least 12
years of age, is a custodial parent or expectant mother, is receiving inadequate care,
and is in need of a safe and structured living arrangement which the child's parent,
guardian, or legal custodian is unwilling, neglecting, unable, or needs assistance to
provide. The bill also grants to the juvenile court jurisdiction over any child of such
a child. Under the bill, if a child who is at least 12 years of age and who is a custodial
parent or expectant mother is found to be receiving inadequate care and to be in need
of a safe and structured living arrangement, the juvenile court may order the child
to be placed in a group home that has been licensed solely to provide such a safe and
structured living arrangement for children 12 years of age or over who are custodial
parents or expectant mothers and to provide those children with training in
parenting skills and other skills to promote those children's long-term economic
independence and the well-being of the children of those children.
The bill also permits a child who is 14 years of age or over, who is a custodial
parent or expectant mother, and who is in need of such a safe and structured living
arrangement to be placed in such a group home under a voluntary agreement for no
longer than six months, except that such a placement may be extended if an
independent reviewing agency contracted with by the agency that placed the child
determines that an extension of the placement would be in the best interests of the
child and that the child and the child's parent or guardian consent to the extension.
Under the bill, the agency placing the child or arranging the placement of the child
in such a group home must, before making or arranging that placement, report any
suspected abuse or neglect of the child under the child abuse reporting law.
The bill also requires the department of health and family services to distribute
grants to private agencies to provide group homes for eligible persons, as defined in
the bill, who are placed in those group homes under voluntary agreements. The bill
defines an "eligible person" as a child 14 years of age or over who is a custodial parent
or an expectant mother, whose income is at or below 200% of the federal poverty line,
and who is homeless, receiving inadequate care, living in an unsafe or unstable living
environment, or otherwise in need of a safe and structured living arrangement or
meets the criteria for the juvenile court's child or juvenile in need of protection or
services or delinquency jurisdiction or would be at risk of meeting those criteria if not
placed in such a group home. The bill also permits a grant recipient to provide related
services to eligible persons who are current or former residents of such a group home
up to age 21, the children and families of those eligible persons, and the noncustodial
parents of the children of those eligible persons and to pay for the start-up costs,
other than capital costs, of the agency's program funded under the grant.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB488, s. 1
1Section
1. 20.435 (3) (km) of the statutes is amended to read:
AB488,3,62
20.435
(3) (km)
Federal block grant transfer; aids. The amounts in the schedule
3for grants under ss. 46.95 (2), 46.99 (2) (a)
and, 46.995 (2), (3) (b)
, and (4m) (b)
, and
446.997 and for an evaluation of the grant program under s. 46.997. All moneys
5transferred from the appropriation account under s. 20.445 (3) (md) shall be credited
6to this appropriation account.
AB488, s. 2
7Section
2. 46.997 of the statutes is created to read:
AB488,3,8
846.997 Second-chance homes. (1) Definitions. In this section:
AB488,3,149
(a) "Eligible person" means a person 14 years of age or over, but under 21 years
10of age, who is a custodial parent, as defined in s. 49.141 (1) (b), or an expectant
11mother, has an income, not including the income of the person's parent, guardian, or
12legal custodian, that is at or below 200% of the poverty line, as defined in s. 49.001
13(5), and who, at the time of referral for services under a program funded under this
14section, meets any of the following requirements:
AB488,3,1715
1. Is a child and is homeless, receiving inadequate care, living in an unsafe or
16unstable living environment, or otherwise in need of a safe and structured living
17arrangement.
AB488,4,3
12. Is a child and meets one or more of the criteria specified in s. 48.13, 938.12,
2or 938.13 or would be at risk of meeting one or more of those criteria if the child were
3not placed in a 2nd-chance home.
AB488,4,64
(b) "Private agency" means an organization operated for profit or a nonstock
5corporation organized under ch. 181 that is a nonprofit corporation, as defined in s.
6181.0103 (17).
AB488,4,77
(c) "Second-chance home" means a group home described in s. 48.625 (1m).
AB488,4,20
8(2) Awarding of grants. (a) From the appropriation under s. 20.435 (3) (km),
9the department shall distribute not more than $0 in each fiscal year as grants to
10private agencies to provide 2nd-chance homes and related services to eligible
11persons who are placed under s. 48.63 (5) in 2nd-chance homes operated by those
12private agencies. A private agency that is awarded a grant under this paragraph
13may use the amount awarded under the grant to provide care and maintenance to
14eligible persons who are placed under s. 48.63 (5) in a 2nd-chance home operated by
15the private agency; provide services, including the services specified in sub. (3), to
16eligible persons who currently are or formerly were placed under s. 48.63 (5) in the
172nd-chance home, to the children and families of those eligible persons, and to the
18noncustodial parents of the children of those eligible persons; and, in the first year
19of the grant period, pay for the start-up costs, other than capital costs, of the private
20agency's program funded under this paragraph.
AB488,5,621
(b) The department of health and family services shall award the grants under
22par. (a) on a competitive basis and according to request-for-proposal procedures that
23the department of health and family services shall prescribe in consultation with the
24department of workforce development, the adolescent pregnancy prevention and
25pregnancy services board, local health departments, as defined in s. 250.01 (4), and
1other providers of services to eligible persons. In awarding the grants under par. (a),
2the department of health and family services shall consider the need for those grants
3to be distributed both on a statewide basis and in the areas of the state with the
4greatest need for 2nd-chance homes and the need to provide placements for children
5who are voluntarily placed in a 2nd-chance home as well as for children who are
6placed in a 2nd-chance home by court order.
AB488,5,107
(c) A private agency that is awarded a grant under par. (a) shall contribute
8matching funds equal to 25% of the amount awarded under the grant. The match
9may be in the form of money or in the form of both money and in-kind services, but
10may not be in the form of in-kind services only.
AB488,5,1311
(d) A private agency that is awarded a grant under par. (a) may use no more
12than 15% of the amount awarded under the grant to pay for administrative costs
13associated with the program funded under the grant.
AB488,5,1814
(e) A grant under par. (a) shall be awarded for a 3-year period, except that
15annually the department shall review the performance of a private agency that is
16awarded a grant based on performance criteria that the department shall prescribe
17and may discontinue a grant to a private agency whose performance is not
18satisfactory to the department based on those criteria.
AB488,5,20
19(3) Program requirements. A private agency that receives a grant under sub.
20(2) (a) shall do all of the following:
AB488,5,2221
(a) Operate a 2nd-chance home for the care and maintenance of eligible
22persons who are children, as defined in s. 48.619.
AB488,5,2423
(b) Maintain a community-wide network for referring eligible persons to the
24private agency's program funded under the grant.
AB488,6,5
1(c) Ensure that an eligible person receiving services from the private agency's
2program funded under the grant is enrolled in a secondary school or its vocational
3or technical equivalent or in a college or technical college or is working, unless the
4director of the private agency determines that there is good cause for the eligible
5person not to be so enrolled or working.
AB488,6,116
(d) Ensure that an eligible person receiving services from the private agency's
7program is provided with intake, assessment, case planning, and case management
8services; skills development training in the areas of economic self-sufficiency,
9parenting, independent living, and life choice decision making; prenatal and other
10health care services, including, if necessary, mental health and alcohol and other
11drug abuse services; child care; and transportation.
AB488,6,20
12(4) Evaluation. From the appropriation under s. 20.435 (3) (km), the
13department shall conduct or shall select an evaluator to conduct an evaluation of the
14grant program under this section and, by June 1 of the 3rd calendar year beginning
15after the year in which the first grant under this section is awarded, shall submit a
16report on that evaluation to the governor and to the appropriate standing committees
17under s. 13.172 (3). The evaluation shall measure the economic self-sufficiency,
18parenting skills, independent living skills, and life choice decision-making skills of
19the eligible persons who received services under the program and any other criteria
20that the department determines to be appropriate for evaluation.
AB488, s. 3
21Section
3. 48.02 (7) of the statutes is amended to read:
AB488,6,2422
48.02
(7) "Group home" means any facility operated by a person required to be
23licensed by the department under s. 48.625 for the care and maintenance of 5 to 8
24children
, as provided in s. 48.625 (1).
AB488, s. 4
25Section
4. 48.13 (9) of the statutes is amended to read:
AB488,7,4
148.13
(9) Who is at least
age 12
years of age, signs the petition requesting
2jurisdiction under this subsection and is in need of special treatment or care which
3the parent, guardian or legal custodian is unwilling, neglecting, unable or needs
4assistance to provide;
AB488, s. 5
5Section
5. 48.13 (9m) of the statutes is created to read:
AB488,7,96
48.13
(9m) Who is at least 12 years of age, is a custodial parent, as defined in
7s. 49.141 (1) (b), or an expectant mother, is receiving inadequate care, and is in need
8of a safe and structured living arrangement which the parent, guardian, or legal
9custodian is unwilling, neglecting, unable, or needs assistance to provide;
AB488, s. 6
10Section
6. 48.13 (9p) of the statutes is created to read:
AB488,7,1211
48.13
(9p) Whose parent is a child who has been found to be in need of
12protection or services under sub. (9m).
AB488, s. 7
13Section
7. 48.20 (8) of the statutes is amended to read:
AB488,8,814
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
15parent, guardian
, and legal custodian of the reasons for holding the child in custody
16and of the child's whereabouts unless there is reason to believe that notice would
17present imminent danger to the child. The parent, guardian
, and legal custodian
18shall also be notified of the time and place of the detention hearing required under
19s. 48.21, the nature and possible consequences of that hearing,
the right to counsel
20under s. 48.23 (2) regardless of ability to pay, and the right to present and
21cross-examine witnesses at the hearing. If the parent, guardian
, or legal custodian
22is not immediately available, the intake worker or another person designated by the
23court shall provide notice as soon as possible. When the child is 12 years of age or
24older, the child shall receive the same notice about the detention hearing as the
25parent, guardian
, or legal custodian. The intake worker shall notify both the child
1and the child's parent, guardian
, or legal custodian. When the child is an expectant
2mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn
3child, through the unborn child's guardian ad litem, shall receive the same notice
4about the whereabouts of the child expectant mother, about the reasons for holding
5the child expectant mother in custody
, and about the detention hearing as the child
6expectant mother and her parent, guardian
, or legal custodian. The intake worker
7shall notify the child expectant mother, her parent, guardian
, or legal custodian and
8the unborn child, by the unborn child's guardian ad litem.
AB488, s. 8
9Section
8. 48.21 (3) (d) of the statutes is amended to read:
AB488,8,1510
48.21
(3) (d) Prior to the commencement of the hearing, the parent, guardian
, 11or legal custodian shall be informed by the court of the allegations that have been
12made or may be made, the nature and possible consequences of this hearing as
13compared to possible future hearings,
the right to counsel under s. 48.23 (2)
14regardless of ability to pay, the right to confront and cross-examine witnesses
, and
15the right to present witnesses.
AB488, s. 9
16Section
9. 48.23 (2) of the statutes is renumbered 48.23 (2) (a) and amended
17to read:
AB488,9,218
48.23
(2) (a) Whenever a child is
alleged to be in need of protection or services
19under s. 48.13 (9p) or is the subject of a proceeding involving a contested adoption
20or the involuntary termination of parental rights, any parent under 18 years of age
21who appears before the court shall be represented by counsel; but no such parent may
22waive counsel. A minor parent petitioning for the voluntary termination of parental
23rights shall be represented by a guardian ad litem. If a proceeding involves a
24contested adoption or the involuntary termination of parental rights, any parent 18
25years old or older who appears before the court shall be represented by counsel; but
1the parent may waive counsel provided the court is satisfied such waiver is
2knowingly and voluntarily made.
AB488, s. 10
3Section
10. 48.23 (2) (b) of the statutes is created to read:
AB488,9,94
48.23
(2) (b) If a petition under s. 48.13 (9p) is contested, no child may be placed
5outside his or her home unless the child's custodial parent is represented by counsel
6at the fact-finding hearing and subsequent proceedings. If the petition is not
7contested, the child may not be placed outside his or her home unless the child's
8custodial parent is represented by counsel at the hearing at which the placement is
9made.
AB488, s. 11
10Section
11. 48.23 (3) of the statutes is amended to read:
AB488,9,1711
48.23
(3) Power of the court to appoint counsel. Except
in proceedings under
12s. 48.13 as provided in this subsection, at any time, upon request or on its own motion,
13the court may appoint counsel for the child or any party, unless the child or the party
14has or wishes to retain counsel of his or her own choosing.
The Except in proceedings
15under s. 48.13 (9p), the court may not appoint counsel
for any party other than the
16child in a proceeding under s. 48.13
for any party other than the child who is the
17subject of the proceeding.
AB488, s. 12
18Section
12. 48.27 (4) (a) 2. of the statutes is amended to read:
AB488,9,2019
48.27
(4) (a) 2. Advise the child
and any other party, if applicable, of his or her
20right to legal counsel regardless of ability to pay.
AB488, s. 13
21Section
13. 48.345 (3) (cm) of the statutes is created to read:
AB488,9,2522
48.345
(3) (cm) A group home described in s. 48.625 (1m) if the child is at least
2312 years of age, is a custodial parent, as defined in s. 49.141 (1) (b), or an expectant
24mother, is receiving inadequate care, and is in need of a safe and structured living
25arrangement.
AB488, s. 14
1Section
14. 48.371 (3) (intro.) of the statutes is amended to read:
AB488,10,122
48.371
(3) (intro.) At the time of placement of a child in a foster home, treatment
3foster home, group home or child caring institution or, if the information is not
4available at that time, as soon as possible after the date on which the court report
5or permanency plan has been submitted, but no later than 7 days after that date, the
6agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency
7plan shall provide to the foster parent, treatment foster parent or operator of the
8group home or child caring institution information contained in the court report
9submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2) or 48.837 (4) (c) or
10permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63
11(4)
or (5) (c) or 48.831 (4) (e) relating to findings or opinions of the court or agency that
12prepared the court report or permanency plan relating to any of the following:
AB488, s. 15
13Section
15. 48.38 (2) (d) of the statutes is amended to read:
AB488,10,1514
48.38
(2) (d) The child was placed under a voluntary agreement between the
15agency and the child's parent under s. 48.63 (1)
or (5) (b).
AB488, s. 16
16Section
16. 48.38 (2) (g) of the statutes is created to read:
AB488,10,1917
48.38
(2) (g) The child's parent is placed in a foster home, treatment foster
18home, group home, child-caring institution, secure detention facility, or shelter care
19facility and the child is residing with that parent.
AB488, s. 17
20Section
17. 48.38 (5) (a) of the statutes is amended to read:
AB488,11,621
48.38
(5) (a)
The Except as provided in s. 48.63 (5) (d), the court or a panel
22appointed under this paragraph shall review the permanency plan every 6 months
23from the date on which the child was first held in physical custody or placed outside
24of his or her home. If the court elects not to review the permanency plan, the court
25shall appoint a panel to review the permanency plan. The panel shall consist of 3
1persons who are either designated by an independent agency that has been approved
2by the chief judge of the judicial administrative district or designated by the agency
3that prepared the permanency plan. A voting majority of persons on each panel shall
4be persons who are not employed by the agency that prepared the permanency plan
5and who are not responsible for providing services to the child or the parents of the
6child whose permanency plan is the subject of the review.
AB488, s. 18
7Section
18. 48.48 (3) of the statutes is amended to read:
AB488,11,118
48.48
(3) To accept guardianship of children when appointed by the court, and
9to provide special treatment
and or care when directed by the court. A court may not
10direct the department to administer psychotropic medications to children who
11receive special treatment or care under this subsection.
AB488, s. 19
12Section
19. 48.48 (7) of the statutes is repealed.
AB488, s. 20
13Section
20. 48.57 (1) (b) of the statutes is amended to read:
AB488,11,1914
48.57
(1) (b) To accept legal custody of children transferred to it by the court
15under s. 48.355, to accept supervision over expectant mothers of unborn children who
16are placed under its supervision under s. 48.355 and to provide special treatment
and 17or care for children and expectant mothers if ordered by the court. A court may not
18order a county department to administer psychotropic medications to children and
19expectant mothers who receive special treatment or care under this paragraph.
AB488, s. 21
20Section
21. 48.57 (3n) (am) 6. c. of the statutes is amended to read:
AB488,11,2321
48.57
(3n) (am) 6. c. The date on which the child is placed outside the long-term
22kinship care relative's home under a court order or under a voluntary agreement
23under s. 48.63
(1) or (5) (b).
AB488, s. 22
24Section
22. 48.60 (2) (d) of the statutes is amended to read:
AB488,12,2
148.60
(2) (d) A hospital
, maternity hospital, maternity home or nursing home
2licensed, approved or supervised by the department.
AB488, s. 23
3Section
23. 48.619 of the statutes is created to read:
AB488,12,12
448.619 Definition. In this subchapter, "child" means a person under 18 years
5of age and also includes, for purposes of counting the number of children for whom
6a foster home, treatment foster home, or group home may provide care and
7maintenance, a person 18 years of age or over, but under 19 years of age, who is a
8full-time student at a secondary school or its vocational or technical equivalent, who
9is reasonably expected to complete the program before reaching 19 years of age, who
10was residing in the foster home, treatment foster home, or group home immediately
11prior to his or her 18th birthday, and who continues to reside in that foster home,
12treatment foster home, or group home.
AB488, s. 24
13Section
24. 48.62 (3) of the statutes is amended to read:
AB488,12,1814
48.62
(3) When the department, a county department or a child welfare agency
15issues a license to operate a foster home
or a treatment foster home, the department,
16county department or child welfare agency shall notify the clerk of the school district
17in which the foster home
or treatment foster home is located that a foster home
or
18treatment foster home has been licensed in the school district.
AB488, s. 25
19Section
25. 48.625 (1) of the statutes is amended to read:
AB488,13,320
48.625
(1) Any person who receives, with or without transfer of legal custody,
215 to 8 children,
not including children who under sub. (1m) are not counted toward
22that number, to provide care and maintenance for those children shall obtain a
23license to operate a group home from the department. To obtain a license under this
24subsection to operate a group home, a person must meet the minimum requirements
25for a license established by the department under s. 48.67, meet the requirements
1specified in s. 48.685 and pay the license fee under sub. (2). A license issued under
2this subsection is valid until revoked or suspended, but shall be reviewed every 2
3years as provided in s. 48.66 (5).
AB488, s. 26
4Section
26. 48.625 (1m) of the statutes is created to read:
AB488,13,225
48.625
(1m) The department may issue a license under sub. (1) authorizing a
6group home solely to provide a safe and structured living arrangement for children
712 years of age or over who are custodial parents, as defined in s. 49.141 (1) (b), or
8expectant mothers and who are placed in the group home under s. 48.345 (3) (cm) or
9938.34 (3) (cm) and for children 14 years of age or over who are custodial parents, as
10defined in s. 49.141 (1) (b), or expectant mothers and who are placed in the group
11home under voluntary agreements under s. 48.63 (5), and to provide those children
12with training in parenting skills, including child development, family budgeting,
13health and nutrition, and other skills to promote the long-term economic
14independence of those children and the well-being of the children of those children.
15In licensing a group home described in this subsection, the department may not
16count toward the number of children whom the group home is licensed to serve the
17child of a child who is placed in the group home. The department shall promulgate
18rules establishing standards for a group home described in this subsection. Those
19rules shall require such a group home to provide for the health, safety, and welfare
20of the child of any child custodial parent who has been placed in that group home and
21to have a policy governing visitation between such a child and the child's
22noncustodial parent.
AB488, s. 27
23Section
27. 48.625 (3) of the statutes is amended to read:
AB488,14,3
148.625
(3) This section does not apply to a foster home licensed under s. 48.62
2(1) (a)
in which care and maintenance is provided for more than 4 siblings or to a
3treatment foster home licensed under s. 48.62 (1) (b).
AB488, s. 28
4Section
28. 48.63 (1) of the statutes is amended to read:
AB488,14,205
48.63
(1) Acting pursuant to court order or voluntary agreement, the child's
6parent or guardian or the department of health and family services, the department
7of corrections, a county department or a child welfare agency licensed to place
8children in foster homes
or, treatment foster homes
or group homes may place a child
9or negotiate or act as intermediary for the placement of a child in a foster home,
10treatment foster home or group home. Voluntary agreements under this subsection
11may not be used for placements in facilities other than foster, treatment foster or
12group homes and may not be extended. A foster home or treatment foster home
13placement under a voluntary agreement may not exceed 6 months. A group home
14placement under a voluntary agreement may not exceed 15 days
, except as provided
15in sub. (5). These time limitations do not apply to placements made under s. 48.345,
16938.183, 938.34 or 938.345. Voluntary agreements may be made only under this
17subsection
and sub. (5) (b) and shall be in writing and shall specifically state that the
18agreement may be terminated at any time by the parent or
guardian or by the child
19if the child's consent to the agreement is required. The child's consent to the
20agreement is required whenever the child is 12 years of age or older.
AB488, s. 29
21Section
29. 48.63 (5) of the statutes is created to read:
AB488,14,2422
48.63
(5) (a) Subsection (1) does not apply to the voluntary placement under
23par. (b) of a child in a group home described in s. 48. 625 (1m). Such placements may
24be made only as provided in par. (b).
AB488,15,14
1(b) If a child who is at least 14 years of age, who is a custodial parent, as defined
2in s. 49.141 (1) (b), or an expectant mother, and who is in need of a safe and structured
3living arrangement and the parent or guardian of the child consent, a child welfare
4agency licensed to place children in group homes may place the child or arrange the
5placement of the child in a group home described in s. 48.625 (1m). Before placing
6a child or arranging the placement of a child under this paragraph, the child welfare
7agency shall report any suspected abuse or neglect of the child as required under s.
848.981 (2). A voluntary agreement to place a child in a group home described in s.
948.625 (1m) may be made only under this paragraph, shall be in writing, and shall
10specifically state that the agreement may be terminated at any time by the parent,
11guardian, or child. An initial placement under this paragraph may not exceed 6
12months, but may be extended as provided in par. (d) 3. to 6. An initial placement
13under this paragraph of a child who is under 16 years of age on the date of the initial
14placement may be extended as provided in par. (d) 3. to 6. no more than once.
AB488,15,1915
(c) A permanency plan under s. 48.38 is required for each child placed in a group
16home under par. (b) and for any child of that child who is residing with that child.
17The agency that placed the child or that arranged the placement of the child shall
18prepare the plan within 60 days after the placement and shall provide a copy of the
19plan to the child and the child's parent or guardian.
AB488,15,2220
(d) 1. In this paragraph, "independent reviewing agency" means a person
21contracted with under subd. 2. to review permanency plans and placements under
22subds. 3. to 6.
AB488,16,223
2. An agency that places children under par. (b) or that arranges those
24placements shall contract with another agency licensed under s. 48.61 (3) to place
25children or with a county department to review the permanency plans and
1placements of those children and of any children of those children who are residing
2with those children as provided in subds. 3. to 6.
AB488,16,173
3. If the agency that has placed a child under par. (b) or that has arranged the
4placement of the child wishes to extend the placement of the child, the agency shall
5prepare a revised permanency plan for that child and for any child of that child who
6is residing with that child and submit the revised permanency plan or plans, together
7with a request for a review of the revised permanency plan or plans and the child's
8placement, to the independent reviewing agency before the expiration of the child's
9placement. The request shall include a statement that an extension of the child's
10placement would be in the best interests of the child, together with reliable and
11credible information in support of that statement, a statement that the child and the
12parent or guardian of the child consent to the extension of the child's placement, and
13a request that the independent reviewing agency approve an extension of the child's
14placement. On receipt of a revised permanency plan or plans and a request for
15review, the independent reviewing agency shall set a time and place for the review
16and shall advise the agency that placed the child or that arranged the placement of
17the child of the time and place of the review.
AB488,17,218
4. Not less than 10 days before the review, the agency that placed the child or
19that arranged the placement of the child shall provide a copy of the revised
20permanency plan or plans and the request for review submitted under subd. 3. and
21notice of the time and place of the review to the child, the parent, guardian, and legal
22custodian of the child, and the operator of the group home in which the child is placed,
23together with notice of the issues to be determined as part of the permanency plan
24review and notice of the fact that those persons may have the opportunity to be heard
1at the review by submitting written comments to that agency or the independent
2reviewing agency before the review or by participating at the review.
AB488,17,253
5. At the review, any person specified in subd. 4. may present information
4relevant to the issue of extension and information relevant to the determinations
5specified in s. 48.38 (5) (c). After receiving that information, the independent
6reviewing agency shall make the determinations specified in s. 48.38 (5) (c) and
7determine whether an extension of the child's placement is in the best interests of
8the child and whether the child and the parent or guardian of the child consent to
9the extension. If the independent reviewing agency determines that the extension
10is in the best interests of the child and that the child and the parent or guardian of
11the child consent to the extension, the independent reviewing agency shall approve,
12in writing, an extension of the placement for a specified period of time not to exceed
136 months, stating the reason for the approval, and the agency that placed the child
14or that arranged the placement of the child may extend the child's placement for the
15period of time approved. If the independent reviewing agency determines that the
16extension is not in the best interests of the child or that the child and the parent or
17guardian of the child do not consent to the extension, the independent reviewing
18agency shall, in writing, disapprove an extension of the placement, stating the
19reason for the disapproval, and the agency that placed the child or that arranged the
20placement of the child may not extend the placement of the child past the expiration
21date of the voluntary placement unless the agency obtains a court order placing the
22child in the group home after the expiration date of the voluntary placement.
23Notwithstanding the approval of an extension under this subdivision, the child or the
24parent or guardian of the child may terminate the placement at any time during the
25extension period.
AB488,18,6
16. Within 30 days after the review, the agency that prepared the revised
2permanency plan or plans shall prepare a written summary of the determinations
3specified in s. 48.38 (5) (c) that were made under subd. 5. and shall provide a copy
4of that summary to the independent reviewing agency, the child, the parent,
5guardian, and legal custodian of the child, and the operator of the group home in
6which the child was placed.
AB488, s. 30
7Section
30. 48.64 (1) of the statutes is amended to read: