SB461, s. 127
19Section
127. 938.355 (6m) (cm) of the statutes is created to read:
SB461,71,620
938.355
(6m) (cm) The court may not order the sanction of placement in a place
21of nonsecure custody specified in par. (a) 1g. unless the court finds that the agency
22primarily responsible for providing services for the juvenile has made reasonable
23efforts to prevent the removal of the juvenile from his or her home and that continued
24placement of the juvenile in his or her home is contrary to the welfare of the juvenile.
25The court shall make the findings specified in this paragraph on a case-by-case basis
1based on circumstances specific to the juvenile and shall document or reference the
2specific information on which that finding is based in the sanction order. A sanction
3order that merely references this paragraph without documenting or referencing
4that specific information in the sanction order or an amended sanction order that
5retroactively corrects an earlier sanction order that does not comply with this
6paragraph is not sufficient to comply with this paragraph.
SB461, s. 128
7Section
128. 938.357 (1) of the statutes is renumbered 938.357 (1) (a) and
8amended to read:
SB461,71,129
938.357
(1) (a) The person or agency primarily responsible for implementing
10the dispositional order or the district attorney may request a change in the
11placement of the juvenile, whether or not the change requested is authorized in the
12dispositional order
and, as provided in par. (b) or (c), whichever is applicable.
SB461,71,23
13(b) 1. If the proposed change in placement involves any change in placement
14other than a change in placement specified in par. (c), the person or agency primarily
15responsible for implementing the dispositional order or the district attorney shall
16cause written notice
of the proposed change in placement to be sent to the juvenile
17or the juvenile's counsel or guardian ad litem,
the parent,
guardian, and legal
18custodian of the juvenile, and any foster parent, treatment foster parent
, or other
19physical custodian described in s. 48.62 (2)
, guardian and legal custodian of the
20juvenile. The notice shall contain the name and address of the new placement, the
21reasons for the change in placement, a statement describing why the new placement
22is preferable to the present placement
, and a statement of how the new placement
23satisfies objectives of the treatment plan ordered by the court.
SB461,72,10
242. Any person receiving the notice under
this subsection subd. 1. or notice of
25the specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain
1a hearing on the matter by filing an objection with the court within 10 days after
2receipt of the notice. Placements
shall may not be changed until 10 days after such
3notice is sent to the court unless the parent, guardian
, or legal custodian and the
4juvenile, if 12 or more years of age, sign written waivers of objection, except that
5placement changes which changes in placement that were authorized in the
6dispositional order may be made immediately if notice is given as required
in this
7subsection under subd. 1. In addition, a hearing is not required for placement
8changes authorized in the dispositional order except
where when an objection filed
9by a person who received notice alleges that new information is available
which that 10affects the advisability of the court's dispositional order.
SB461, s. 129
11Section
129. 938.357 (1) (b) 3. of the statutes is created to read:
SB461,72,1412
938.357
(1) (b) 3. If the court changes the juvenile's placement from a
13placement outside the home to another placement outside the home, the change in
14placement order shall contain one of the statements specified in sub. (2v) (a) 2.
SB461, s. 130
15Section
130. 938.357 (1) (c) of the statutes is created to read:
SB461,73,516
938.357
(1) (c) 1. If the proposed change in placement would change the
17placement of a juvenile placed in the home to a placement outside the home, the
18person or agency primarily responsible for implementing the dispositional order or
19the district attorney shall submit a request for the change in placement to the court.
20The request shall contain the name and address of the new placement, the reasons
21for the change in placement, a statement describing why the new placement is
22preferable to the present placement, and a statement of how the new placement
23satisfies objectives of the treatment plan ordered by the court. The request shall also
24contain specific information showing that continued placement of the juvenile in his
25or her home would be contrary to the welfare of the juvenile and, unless any of the
1circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, specific information
2showing that the agency primarily responsible for implementing the dispositional
3order has made reasonable efforts to prevent the removal of the juvenile from the
4home, while assuring that the juvenile's health and safety are the paramount
5concerns.
SB461,73,116
2. The court shall hold a hearing prior to ordering any change in placement
7requested under subd. 1. Not less than 3 days prior to the hearing, the court shall
8provide notice of the hearing, together with a copy of the request for the change in
9placement, to the juvenile, the parent, guardian, and legal custodian of the juvenile,
10and all parties that are bound by the dispositional order. If all parties consent, the
11court may proceed immediately with the hearing.
SB461,73,1712
3. If the court changes the juvenile's placement from a placement in the
13juvenile's home to a placement outside the juvenile's home, the change in placement
14order shall contain the findings specified in sub. (2v) (a) 1., one of the statements
15specified in sub. (2v) (a) 2., and, if in addition the court finds that any of the
16circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent,
17the determination specified in sub. (2v) (a) 3.
SB461, s. 131
18Section
131. 938.357 (2) of the statutes is amended to read:
SB461,74,319
938.357
(2) If emergency conditions necessitate an immediate change in the
20placement of a juvenile placed outside the home, the person or agency primarily
21responsible for implementing the dispositional order may remove the juvenile to a
22new placement, whether or not authorized by the existing dispositional order,
23without the prior notice provided in sub. (1)
(b) 1. The notice shall, however, be sent
24within 48 hours after the emergency change in placement. Any party receiving
25notice may demand a hearing under sub. (1)
(b) 2. In emergency situations, the
1juvenile may be placed in a licensed public or private shelter care facility as a
2transitional placement for not more than 20 days, as well as in any placement
3authorized under s. 938.34 (3).
SB461, s. 132
4Section
132. 938.357 (2m) of the statutes is renumbered 938.357 (2m) (a) and
5amended to read:
SB461,74,216
938.357
(2m) (a) The juvenile, the parent, guardian
, or legal custodian of the
7juvenile
, or any person or agency primarily bound by the dispositional order, other
8than the person or agency responsible for implementing the order, may request a
9change in placement under this
subsection paragraph. The request shall contain the
10name and address
of the place of the new placement requested and shall state what
11new information is available
which that affects the advisability of the current
12placement.
If the proposed change in placement would change the placement of a
13juvenile placed in the home to a placement outside the home, the request shall also
14contain specific information showing that continued placement of the juvenile in the
15home would be contrary to the welfare of the juvenile and, unless any of the
16circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, specific information
17showing that the agency primarily responsible for implementing the dispositional
18order has made reasonable efforts to prevent the removal of the juvenile from the
19home, while assuring that the juvenile's health and safety are the paramount
20concerns. This request shall be submitted to the court. In addition, the court may
21propose a change in placement on its own motion.
SB461,75,10
22(b) The court shall hold a hearing on the matter prior to ordering any change
23in placement
under this subsection requested or proposed under par. (a) if the
24request states that new information is available
which
that affects the advisability
25of the current placement, unless
the requested or proposed change in placement
1involves any change in placement other than a change in placement of a juvenile
2placed in the home to a placement outside the home and written waivers of objection
3to the proposed change in placement are signed by all parties entitled to receive
4notice under sub. (1)
(b) 1. and the court approves. If a hearing is scheduled, the court
5shall notify the juvenile, the parent, guardian
, and legal custodian of the juvenile,
6any foster parent, treatment foster parent
, or other physical custodian described in
7s. 48.62 (2) of the juvenile
, and all parties who are bound by the dispositional order
8at least 3 days prior to the hearing. A copy of the request or proposal for the change
9in placement shall be attached to the notice. If all the parties consent, the court may
10proceed immediately with the hearing.
SB461, s. 133
11Section
133. 938.357 (2m) (c) of the statutes is created to read:
SB461,75,1712
938.357
(2m) (c) If the court changes the juvenile's placement from a placement
13in the juvenile's home to a placement outside the juvenile's home, the change in
14placement order shall contain the findings specified in sub. (2v) (a) 1., one of the
15statements specified in sub. (2v) (a) 2., and, if in addition the court finds that any of
16the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a
17parent, the determination specified in sub. (2v) (a) 3.
SB461, s. 134
18Section
134. 938.357 (2r) of the statutes is amended to read:
SB461,76,719
938.357
(2r) If a hearing is held under sub. (1)
(b) 2. or (2m)
(b) and the change
20in placement would remove a juvenile from a foster home, treatment foster home
, or
21other placement with a physical custodian described in s. 48.62 (2), the court shall
22give the foster parent, treatment foster parent
, or other physical custodian described
23in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster
24parent, treatment foster parent
, or other physical custodian to make a written or oral
25statement during the hearing or to submit a written statement prior to the hearing
1relating to the juvenile and the requested change in placement. Any written or oral
2statement made under this subsection shall be made under oath or affirmation. A
3foster parent, treatment foster parent
, or other physical custodian described in s.
448.62 (2) who receives notice of a hearing under sub. (1)
(b) 1. or (2m)
(b) and an
5opportunity to be heard under this subsection does not become a party to the
6proceeding on which the hearing is held solely on the basis of receiving that notice
7and opportunity to be heard.
SB461,76,2210
938.357
(2v) (a) 2. If
a hearing is held under sub. (1) or (2m) and the change
11in placement
would place the juvenile outside the home in a placement order would
12change the placement of the juvenile to a placement outside the home recommended
13by the person or agency primarily responsible for implementing the dispositional
14order,
the change in placement order shall include
whether from a placement in the
15home or from another placement outside the home, a statement that the court
16approves the placement recommended by the person or agency or, if the
juvenile is
17placed outside the home in a placement other than change in placement order would
18change the placement of the juvenile to a placement outside the home that is not a
19placement recommended by that person or agency,
whether from a placement in the
20home or from another placement outside the home, a statement that the court has
21given bona fide consideration to the recommendations made by that person or agency
22and all parties relating to the juvenile's placement.
SB461, s. 136
23Section
136. 938.357 (2v) (a) (intro.) of the statutes is created to read:
SB461,76,2524
938.357
(2v) (a) (intro.) A change in placement order under sub. (1) or (2m)
25shall contain all of the following:
SB461, s. 137
1Section
137. 938.357 (2v) (a) 1. of the statutes is created to read:
SB461,77,92
938.357
(2v) (a) 1. If the court changes the juvenile's placement from a
3placement in the juvenile's home to a placement outside the juvenile's home, a
4finding that continued placement of the juvenile in his or her home would be contrary
5to the health, safety, and welfare of the juvenile and, unless a circumstance specified
6in s. 938.355 (2d) (b) 1. to 4. applies, a finding that the agency primarily responsible
7for implementing the dispositional order has made reasonable efforts to prevent the
8removal of the juvenile from the home, while assuring that the juvenile's health and
9safety are the paramount concerns.
SB461, s. 138
10Section
138. 938.357 (2v) (a) 3. of the statutes is created to read:
SB461,77,1511
938.357
(2v) (a) 3. If the court finds that any of the circumstances specified in
12s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, a determination that the
13agency primarily responsible for providing services under the change in placement
14order is not required to make reasonable efforts with respect to the parent to make
15it possible for the juvenile to return safely to his or her home.
SB461, s. 139
16Section
139. 938.357 (2v) (b) of the statutes is created to read:
SB461,77,2417
938.357
(2v) (b) The court shall make the findings specified in par. (a) 1. and
183. on a case-by-case basis based on circumstances specific to the juvenile and shall
19document or reference the specific information on which those findings are based in
20the change in placement order. A change in placement order that merely references
21par. (a) 1. or 3. without documenting or referencing that specific information in the
22change in placement order or an amended change in placement order that
23retroactively corrects an earlier change in placement order that does not comply with
24this paragraph is not sufficient to comply with this paragraph.
SB461, s. 140
25Section
140. 938.357 (2v) (c) of the statutes is created to read:
SB461,78,6
1938.357
(2v) (c) 1. If the court finds under par. (a) 3. that any of the
2circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent,
3the court shall hold a hearing within 30 days after the date of that finding to
4determine the permanency plan for the juvenile. If a hearing is held under this
5paragraph, the agency responsible for preparing the permanency plan shall file the
6permanency plan with the court not less than 5 days before the date of the hearing.
SB461,78,117
2. If a hearing is held under subd. 1, at least 10 days before the date of the
8hearing the court shall notify the juvenile, any parent, guardian, and legal custodian
9of the juvenile, and any foster parent, treatment foster parent, or other physical
10custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of
11the hearing.
SB461,78,2212
3. The court shall give a foster parent, treatment foster parent, or other
13physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
142. an opportunity to be heard at the hearing by permitting the foster parent,
15treatment foster parent, or other physical custodian to make a written or oral
16statement during the hearing, or to submit a written statement prior to the hearing,
17relevant to the issues to be determined at the hearing. Any written or oral statement
18made under this subdivision shall be made upon oath or affirmation. A foster parent,
19treatment foster parent, or other physical custodian who receives a notice of a
20hearing under subd. 2. and an opportunity to be heard under this subdivision does
21not become a party to the proceeding on which the hearing is held solely on the basis
22of receiving that notice and opportunity to be heard.
SB461, s. 141
23Section
141. 938.357 (3) of the statutes is amended to read:
SB461,79,824
938.357
(3) Subject to sub. (4) (b) and (c) and (5) (e), if the proposed change in
25placement would involve placing a juvenile in a secured correctional facility, a
1secured child caring institution
, or a secured group home, notice shall be given as
2provided in sub. (1)
(b) 1. A hearing shall be held, unless waived by the juvenile,
3parent, guardian
, and legal custodian, before the judge makes a decision on the
4request. The juvenile shall be entitled to counsel at the hearing, and any party
5opposing or favoring the proposed new placement may present relevant evidence and
6cross-examine witnesses. The proposed new placement may be approved only if the
7judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been
8met.
SB461,80,211
938.357
(4) (b) 2. If a juvenile whom the court has placed in a Type 2 child
12caring institution under s. 938.34 (4d) violates a condition of his or her placement in
13the Type 2 child caring institution, the child welfare agency operating the Type 2
14child caring institution shall notify the county department that has supervision over
15the juvenile and, if the county department agrees to a change in placement under this
16subdivision, the child welfare agency shall notify the department
, and the
17department, after consulting with the child welfare agency, may place the juvenile
18in a Type 1 secured correctional facility under the supervision of the department,
19without a hearing under sub. (1)
(b) 2., for not more than 10 days. If a juvenile is
20placed in a Type 1 secured correctional facility under this subdivision, the county
21department that has supervision over the juvenile shall reimburse the child welfare
22agency operating the Type 2 child caring institution in which the juvenile was placed
23at the rate established under s. 46.037, and that child welfare agency shall reimburse
24the department at the rate specified in s. 301.26 (4) (d) 2. or 3., whichever is
1applicable, for the cost of the juvenile's care while placed in a Type 1 secured
2correctional facility.
SB461, s. 143
3Section
143. 938.357 (4) (c) 1. of the statutes is amended to read:
SB461,80,114
938.357
(4) (c) 1. If a juvenile is placed in a Type 2 secured correctional facility
5operated by a child welfare agency under par. (a) and it appears that a less restrictive
6placement would be appropriate for the juvenile, the department, after consulting
7with the child welfare agency that is operating the Type 2 secured correctional
8facility in which the juvenile is placed, may place the juvenile in a less restrictive
9placement, and may return the juvenile to the Type 2 secured correctional facility
10without a hearing under sub. (1)
(b) 2. The child welfare agency shall establish a rate
11for each type of placement in the manner provided in s. 46.037.
SB461, s. 144
12Section
144. 938.357 (4) (c) 2. of the statutes is amended to read:
SB461,80,2313
938.357
(4) (c) 2. If a juvenile is placed in a Type 2 child caring institution under
14s. 938.34 (4d) and it appears that a less restrictive placement would be appropriate
15for the juvenile, the child welfare agency operating the Type 2 child caring
16institution shall notify the county department that has supervision over the juvenile
17and, if the county department agrees to a change in placement under this
18subdivision, the child welfare agency may place the juvenile in a less restrictive
19placement. A child welfare agency may also, with the agreement of the county
20department that has supervision over a juvenile who is placed in a less restrictive
21placement under this subdivision, return the juvenile to the Type 2 child caring
22institution without a hearing under sub. (1)
(b) 2. The child welfare agency shall
23establish a rate for each type of placement in the manner provided in s. 46.037.
SB461, s. 145
24Section
145. 938.357 (4) (d) of the statutes is amended to read:
SB461,81,18
1938.357
(4) (d) The department may transfer a juvenile who is placed in a Type
21 secured correctional facility to the Racine youthful offender correctional facility
3named in s. 302.01 if the juvenile is 15 years of age or over and the office of juvenile
4offender review in the department has determined that the conduct of the juvenile
5in the Type 1 secured correctional facility presents a serious problem to the juvenile
6or others. The factors that the office of juvenile offender review may consider in
7making that determination shall include, but are not limited to, whether and to what
8extent the juvenile's conduct in the Type 1 secured correctional facility is violent and
9disruptive, the security needs of the Type 1 secured correctional facility
, and whether
10and to what extent the juvenile is refusing to cooperate or participate in the
11treatment programs provided for the juvenile in the Type 1 secured correctional
12facility. Notwithstanding sub. (1)
(b) 2., a juvenile is not entitled to a hearing
13regarding the department's exercise of authority under this paragraph unless the
14department provides for a hearing by rule. A juvenile may seek review of a decision
15of the department under this paragraph only by the common law writ of certiorari.
16If the department transfers a juvenile under this paragraph, the department shall
17send written notice of the transfer to the parent, guardian, legal custodian and
18committing court.
SB461, s. 146
19Section
146. 938.357 (5) (a) of the statutes is amended to read:
SB461,81,2320
938.357
(5) (a) The department or a county department, whichever has been
21designated as a juvenile's aftercare provider under s. 938.34 (4n), may revoke the
22aftercare status of that juvenile. Revocation of aftercare supervision shall not
23require prior notice under sub. (1)
(b) 1.
SB461, s. 147
24Section
147. 938.357 (6) of the statutes is amended to read:
SB461,82,16
1938.357
(6) No change in placement may extend the expiration date of the
2original order
, except that if the change in placement is from a placement in the
3juvenile's home to a placement in a foster home, treatment foster home, group home,
4or child caring institution or in the home of a relative who is not a parent, the court
5may extend the expiration date of the original order to the date on which the juvenile
6reaches 18 years of age, to the date that is one year after the date of the change in
7placement order, or, if the juvenile is a full-time student at a secondary school or its
8vocational or technical equivalent and is reasonably expected to complete the
9program before reaching 19 years of age, to the date on which the juvenile reaches
1019 years of age, whichever is later, or for a shorter period of time as specified by the
11court. If the change in placement is from a placement in a foster home, treatment
12foster home, group home, or child caring institution or in the home of a relative to
13a placement in the juvenile's home and if the expiration date of the original order is
14more than one year after the date of the change in placement order, the court shall
15shorten the expiration date of the original order to the date that is one year after the
16date of the change in placement order or to an earlier date as specified by the court.
SB461, s. 148
17Section
148. 938.365 (1) of the statutes is amended to read:
SB461,83,218
938.365
(1) In this section, a juvenile is considered to have been placed outside
19of his or her home on the date on which
the juvenile was first placed outside of his
20or her home pursuant to an order under this section or s. 938.345, 938.357 or 938.363
21or on the date that is 60 days after the date on which the juvenile was
first removed
22from his or her home
, whichever is earlier, except that in the case of a juvenile who
23on removal from his or her home was first placed in a secure detention facility, a
24secured correctional facility, a secured child caring institution, or a secured group
25home for 60 days or more and then moved to a nonsecured out-of-home placement,
1the juvenile is considered to have been placed outside of his or her home on the date
2on which the juvenile was moved to the nonsecured out-of-home placement.
SB461, s. 149
3Section
149. 938.365 (2g) (b) 2. of the statutes is amended to read:
SB461,83,134
938.365
(2g) (b) 2. An evaluation of the juvenile's adjustment to the placement
5and of any progress the juvenile has made, suggestions for amendment of the
6permanency plan,
a description of efforts to return the juvenile safely to his or her
7home and specific information showing the efforts that have been made to achieve
8the goal of the permanency plan, including
, if applicable, the efforts of the parents
9to remedy
the factors
which that contributed to the juvenile's placement
and, if
10continued placement outside of the juvenile's home is recommended, an explanation
11of why returning the juvenile to his or her home is not safe or feasible
, unless return
12of the juvenile to the home is the goal of the permanency plan and any of the
13circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.
SB461, s. 150
14Section
150. 938.365 (2g) (b) 3. of the statutes is amended to read:
SB461,84,815
938.365
(2g) (b) 3. If the juvenile has been placed outside of his or her home
16for 15 of the most recent 22 months,
not including any period during which the
17juvenile was a runaway from the out-of-home placement or the first 6 months of any
18period during which the juvenile was returned to his or her home for a trial home
19visit, a statement of whether or not a recommendation has been made to terminate
20the parental rights of the parents of the juvenile. If a recommendation for a
21termination of parental rights has been made, the statement shall indicate the date
22on which the recommendation was made, any previous progress made to accomplish
23the termination of parental rights, any barriers to the termination of parental rights,
24specific steps to overcome the barriers and when the steps will be completed, reasons
25why adoption would be in the best interest of the juvenile and whether or not the
1juvenile should be registered with the adoption information exchange. If a
2recommendation for termination of parental rights has not been made, the
3statement shall include an explanation of the reasons why a recommendation for
4termination of parental rights has not been made. If the lack of appropriate adoptive
5resources is the primary reason for not recommending a termination of parental
6rights, the agency shall recommend that the juvenile be registered with the adoption
7information exchange or report the reason why registering the juvenile is contrary
8to the best interest of the juvenile.
SB461, s. 151
9Section
151. 938.365 (2m) (a) of the statutes is renumbered 938.365 (2m) (a)
101. and amended to read:
SB461,84,2411
938.365
(2m) (a) 1. Any party may present evidence relevant to the issue of
12extension.
If the juvenile is placed outside of his or her home, the person or agency
13primarily responsible for providing services to the juvenile shall present as evidence
14specific information showing that the agency has made reasonable efforts to achieve
15the goal of the juvenile's permanency plan, unless return of the juvenile to the home
16is the goal of the permanency plan and any of the circumstances specified in s.
17938.355 (2d) (b) 1. to 4. applies. The court shall make findings of fact and conclusions
18of law based on the evidence.
Subject to s. 938.355 (2d), the The findings of fact shall
19include a finding as to whether reasonable efforts were made by the agency primarily
20responsible for providing services to the juvenile to
make it possible for the juvenile
21to return safely to his or her home achieve the goal of the juvenile's permanency plan,
22unless return of the juvenile to the home is the goal of the permanency plan and the
23court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4.
24applies. An order shall be issued under s. 938.355.
SB461, s. 152
25Section
152. 938.365 (2m) (a) 2. of the statutes is created to read:
SB461,85,5
1938.365
(2m) (a) 2. If the court finds that any of the circumstances specified
2in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the order shall include
3a determination that the person or agency primarily responsible for providing
4services to the juvenile is not required to make reasonable efforts with respect to the
5parent to make it possible for the juvenile to return safely to his or her home.
SB461, s. 153
6Section
153. 938.365 (2m) (a) 3. of the statutes is created to read:
SB461,85,157
938.365
(2m) (a) 3. The court shall make the findings specified in subd. 1.
8relating to reasonable efforts to achieve the goal of the juvenile's permanency plan
9and the findings specified in subd. 2. on a case-by-case basis based on circumstances
10specific to the juvenile and shall document or reference the specific information on
11which those findings are based in the order issued under s. 938.355. An order that
12merely references subd. 1. or 2. without documenting or referencing that specific
13information in the order or an amended order that retroactively corrects an earlier
14order that does not comply with this subdivision is not sufficient to comply with this
15subdivision.
SB461, s. 154
16Section
154. 938.365 (2m) (ad) of the statutes is created to read:
SB461,85,2217
938.365
(2m) (ad) 1. If the court finds that any of the circumstances specified
18in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a
19hearing within 30 days after the date of that finding to determine the permanency
20plan for the juvenile. If a hearing is held under this subdivision, the agency
21responsible for preparing the permanency plan shall file the permanency plan with
22the court not less than 5 days before the date of the hearing.
SB461,86,223
2. If a hearing is held under subd. 1., at least 10 days before the date of the
24hearing the court shall notify the juvenile, any parent, guardian, and legal custodian
25of the juvenile, and any foster parent, treatment foster parent, or other physical
1custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of
2the hearing.
SB461, s. 155
3Section
155. 938.365 (2m) (ag) of the statutes is amended to read:
SB461,86,154
938.365
(2m) (ag)
In addition to any evidence presented under par. (a), the The 5court shall give a foster parent, treatment foster parent
, or other physical custodian
6described in s. 48.62 (2)
of the juvenile who is notified of a hearing under par. (ad)
72. or sub. (2) an opportunity to be heard at the hearing by permitting the foster
8parent, treatment foster parent
, or other physical custodian to make a written or oral
9statement during the hearing, or to submit a written statement prior to the hearing,
10relevant to the issue of extension. Any written or oral statement made under this
11paragraph shall be made under oath or affirmation. A foster parent, treatment foster
12parent
, or other physical custodian described in s. 48.62 (2) who receives notice of a
13hearing under
par. (ad) 2. or sub. (2) and an opportunity to be heard under this
14paragraph does not become a party to the proceeding on which the hearing is held
15solely on the basis of receiving that notice and opportunity to be heard.
SB461, s. 156
16Section
156. 938.365 (5) of the statutes is amended to read:
SB461,87,317
938.365
(5) Except as provided in s. 938.368,
all orders an order under this
18section that continues the placement of a juvenile in his or her home or that extends
19an order under s. 938.34 (4d), (4h), (4m), or (4n) shall be for a specified length of time
20not to exceed one year
after its date of entry. Except as provided in s. 938.368, an
21order under this section that continues the placement of a juvenile in a foster home,
22treatment foster home, group home, or child caring institution or in the home of a
23relative other than a parent shall be for a specified length of time not to exceed the
24date on which the juvenile reaches 18 years of age, one year after the date of entry
25of the order, or, if the juvenile is a full-time student at a secondary school or its
1vocational or technical equivalent and is reasonably expected to complete the
2program before reaching 19 years of age, the date on which the juvenile reaches 19
3years of age, whichever is later.
SB461, s. 157
4Section
157. 938.38 (2) (intro.) of the statutes is amended to read:
SB461,87,115
938.38
(2) Permanency plan required. (intro.) Except as provided in sub. (3),
6for each juvenile living in a foster home, treatment foster home, group home, child
7caring institution, secure detention facility
, or shelter care facility
or in the home of
8a relative other than a parent, the agency that placed the juvenile or arranged the
9placement or the agency assigned primary responsibility for providing services to the
10juvenile under s. 938.355 shall prepare a written permanency plan, if any of the
11following conditions exists:
SB461, s. 158
12Section
158. 938.38 (2) (c) of the statutes is amended to read:
SB461,87,1513
938.38
(2) (c) The juvenile is under
the supervision of an agency under s. 48.64
14(2)
or pursuant to, under a consent decree under s. 938.32 (1) (c), or under a court
15order under s. 938.355.
SB461, s. 159
16Section
159. 938.38 (2) (f) of the statutes is amended to read:
SB461,87,1817
938.38
(2) (f) The juvenile's care
is paid would be paid for under s. 49.19
but
18for s. 49.19 (20).
SB461, s. 160
19Section
160. 938.38 (3) (intro.) of the statutes is amended to read:
SB461,87,2320
938.38
(3) Time. (intro.) Subject to s. 938.355 (2d) (c)
1., the agency shall file
21the permanency plan with the court within 60 days after the date on which the
22juvenile was first
held in physical custody or placed outside of removed from his or
23her home
under a court order, except under either of the following conditions:
SB461, s. 161
24Section
161. 938.38 (4) (intro.) of the statutes is amended to read:
SB461,88,2
1938.38
(4) Contents of plan. (intro.) The permanency plan shall include
a
2description of all of the following:
SB461, s. 162
3Section
162. 938.38 (4) (a) of the statutes is renumbered 938.38 (4) (ar) and
4amended to read:
SB461,88,145
938.38
(4) (ar)
The A description of the services offered and any
service services 6provided in an effort to prevent
holding or placing the juvenile outside of the removal
7of the juvenile from his or her home, while assuring that the health and safety of the
8juvenile are the paramount concerns, and to
make it possible for the juvenile to
9return safely home, achieve the goal of the permanency plan, except that the
10permanency plan
need not is not required to include a description of
those the 11services offered or provided with respect to a parent of the juvenile
to prevent the
12removal of the juvenile from the home or to achieve the permanency plan goal of
13returning the juvenile safely to his or her home if any of the circumstances specified
14in s. 938.355 (2d) (b) 1.
, 2., 3. or to 4. apply to that parent.
SB461, s. 163
15Section
163. 938.38 (4) (ag) of the statutes is created to read:
SB461,88,1716
938.38
(4) (ag) The name, address, and telephone number of the juvenile's
17parent, guardian, and legal custodian.
SB461, s. 164
18Section
164. 938.38 (4) (am) of the statutes is created to read:
SB461,88,2019
938.38
(4) (am) The date on which the juvenile was removed from his or her
20home and the date on which the juvenile was placed in out-of-home care.
SB461, s. 165
21Section
165. 938.38 (4) (bm) of the statutes is amended to read:
SB461,88,2522
938.38
(4) (bm)
The A statement as to the availability of a safe and appropriate
23placement with a
fit and willing relative of the juvenile and, if a decision is made not
24to place the juvenile with an available relative,
a statement as to why placement with
25the relative is not safe or appropriate.
SB461, s. 166
1Section
166. 938.38 (4) (dg) of the statutes is created to read:
SB461,89,32
938.38
(4) (dg) Information about the juvenile's education, including all of the
3following:
SB461,89,54
1. The name and address of the school in which the juvenile is or was most
5recently enrolled.