SB461: Bill Text

SB461, s. 135 Section 135. 938.357 (2v) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 938.357 (2v) (a) 2. and amended to read:

SB461,76,22 938.357 (2v) (a) 2. If a hearing is held under sub. (1) or (2m) and the change in placement would place the juvenile outside the home in a placement order would change the placement of the juvenile to a placement outside the home recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include whether from a placement in the home or from another placement outside the home, a statement that the court approves the placement recommended by the person or agency or, if the juvenile is placed outside the home in a placement other than change in placement order would change the placement of the juvenile to a placement outside the home that is not a placement recommended by that person or agency, whether from a placement in the home or from another placement outside the home, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the juvenile's placement.

SB461, s. 136 Section 136. 938.357 (2v) (a) (intro.) of the statutes is created to read:

SB461,76,25 938.357 (2v) (a) (intro.) A change in placement order under sub. (1) or (2m) shall contain all of the following:

SB461, s. 137 Section 137. 938.357 (2v) (a) 1. of the statutes is created to read:

SB461,77,9 938.357 (2v) (a) 1. If the court changes the juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, a finding that continued placement of the juvenile in his or her home would be contrary to the health, safety, and welfare of the juvenile and, unless a circumstance specified in s. 938.355 (2d) (b) 1. to 4. applies, a finding that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns.

SB461, s. 138 Section 138. 938.357 (2v) (a) 3. of the statutes is created to read:

SB461,77,15 938.357 (2v) (a) 3. If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, a determination that the agency primarily responsible for providing services under the change in placement order is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.

SB461, s. 139 Section 139. 938.357 (2v) (b) of the statutes is created to read:

SB461,77,24 938.357 (2v) (b) The court shall make the findings specified in par. (a) 1. and 3. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the change in placement order. A change in placement order that merely references par. (a) 1. or 3. without documenting or referencing that specific information in the change in placement order or an amended change in placement order that retroactively corrects an earlier change in placement order that does not comply with this paragraph is not sufficient to comply with this paragraph.

SB461, s. 140 Section 140. 938.357 (2v) (c) of the statutes is created to read:

SB461,78,6 938.357 (2v) (c) 1. If the court finds under par. (a) 3. that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

SB461,78,11 2. If a hearing is held under subd. 1, at least 10 days before the date of the hearing the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.

SB461,78,22 3. The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. Any written or oral statement made under this subdivision shall be made upon oath or affirmation. A foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under subd. 2. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

SB461, s. 141 Section 141. 938.357 (3) of the statutes is amended to read:

SB461,79,8 938.357 (3) Subject to sub. (4) (b) and (c) and (5) (e), if the proposed change in placement would involve placing a juvenile in a secured correctional facility, a secured child caring institution, or a secured group home, notice shall be given as provided in sub. (1) (b) 1. A hearing shall be held, unless waived by the juvenile, parent, guardian, and legal custodian, before the judge makes a decision on the request. The juvenile shall be entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been met.

SB461, s. 142 Section 142. 938.357 (4) (b) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB461,80,2 938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 child caring institution under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 child caring institution, the child welfare agency operating the Type 2 child caring institution shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department, and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 secured correctional facility under the supervision of the department, without a hearing under sub. (1) (b) 2., for not more than 10 days. If a juvenile is placed in a Type 1 secured correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 child caring institution in which the juvenile was placed at the rate established under s. 46.037, and that child welfare agency shall reimburse the department at the rate specified in s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 secured correctional facility.

SB461, s. 143 Section 143. 938.357 (4) (c) 1. of the statutes is amended to read:

SB461,80,11 938.357 (4) (c) 1. If a juvenile is placed in a Type 2 secured correctional facility operated by a child welfare agency under par. (a) and it appears that a less restrictive placement would be appropriate for the juvenile, the department, after consulting with the child welfare agency that is operating the Type 2 secured correctional facility in which the juvenile is placed, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 secured correctional facility without a hearing under sub. (1) (b) 2. The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

SB461, s. 144 Section 144. 938.357 (4) (c) 2. of the statutes is amended to read:

SB461,80,23 938.357 (4) (c) 2. If a juvenile is placed in a Type 2 child caring institution under s. 938.34 (4d) and it appears that a less restrictive placement would be appropriate for the juvenile, the child welfare agency operating the Type 2 child caring institution shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency may place the juvenile in a less restrictive placement. A child welfare agency may also, with the agreement of the county department that has supervision over a juvenile who is placed in a less restrictive placement under this subdivision, return the juvenile to the Type 2 child caring institution without a hearing under sub. (1) (b) 2. The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

SB461, s. 145 Section 145. 938.357 (4) (d) of the statutes is amended to read:

SB461,81,18 938.357 (4) (d) The department may transfer a juvenile who is placed in a Type 1 secured correctional facility to the Racine youthful offender correctional facility named in s. 302.01 if the juvenile is 15 years of age or over and the office of juvenile offender review in the department has determined that the conduct of the juvenile in the Type 1 secured correctional facility presents a serious problem to the juvenile or others. The factors that the office of juvenile offender review may consider in making that determination shall include, but are not limited to, whether and to what extent the juvenile's conduct in the Type 1 secured correctional facility is violent and disruptive, the security needs of the Type 1 secured correctional facility, and whether and to what extent the juvenile is refusing to cooperate or participate in the treatment programs provided for the juvenile in the Type 1 secured correctional facility. Notwithstanding sub. (1) (b) 2., a juvenile is not entitled to a hearing regarding the department's exercise of authority under this paragraph unless the department provides for a hearing by rule. A juvenile may seek review of a decision of the department under this paragraph only by the common law writ of certiorari. If the department transfers a juvenile under this paragraph, the department shall send written notice of the transfer to the parent, guardian, legal custodian and committing court.

SB461, s. 146 Section 146. 938.357 (5) (a) of the statutes is amended to read:

SB461,81,23 938.357 (5) (a) The department or a county department, whichever has been designated as a juvenile's aftercare provider under s. 938.34 (4n), may revoke the aftercare status of that juvenile. Revocation of aftercare supervision shall not require prior notice under sub. (1) (b) 1.

SB461, s. 147 Section 147. 938.357 (6) of the statutes is amended to read:

SB461,82,16 938.357 (6) No change in placement may extend the expiration date of the original order, except that if the change in placement is from a placement in the juvenile's home to a placement in a foster home, treatment foster home, group home, or child caring institution or in the home of a relative who is not a parent, the court may extend the expiration date of the original order to the date on which the juvenile reaches 18 years of age, to the date that is one year after the date of the change in placement order, or, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, to the date on which the juvenile reaches 19 years of age, whichever is later, or for a shorter period of time as specified by the court. If the change in placement is from a placement in a foster home, treatment foster home, group home, or child caring institution or in the home of a relative to a placement in the juvenile's home and if the expiration date of the original order is more than one year after the date of the change in placement order, the court shall shorten the expiration date of the original order to the date that is one year after the date of the change in placement order or to an earlier date as specified by the court.

SB461, s. 148 Section 148. 938.365 (1) of the statutes is amended to read:

SB461,83,2 938.365 (1) In this section, a juvenile is considered to have been placed outside of his or her home on the date on which the juvenile was first placed outside of his or her home pursuant to an order under this section or s. 938.345, 938.357 or 938.363 or on the date that is 60 days after the date on which the juvenile was first removed from his or her home, whichever is earlier, except that in the case of a juvenile who on removal from his or her home was first placed in a secure detention facility, a secured correctional facility, a secured child caring institution, or a secured group home for 60 days or more and then moved to a nonsecured out-of-home placement, the juvenile is considered to have been placed outside of his or her home on the date on which the juvenile was moved to the nonsecured out-of-home placement.

SB461, s. 149 Section 149. 938.365 (2g) (b) 2. of the statutes is amended to read:

SB461,83,13 938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, a description of efforts to return the juvenile safely to his or her home and specific information showing the efforts that have been made to achieve the goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors which that contributed to the juvenile's placement and, if continued placement outside of the juvenile's home is recommended, an explanation of why returning the juvenile to his or her home is not safe or feasible , unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

SB461, s. 150 Section 150. 938.365 (2g) (b) 3. of the statutes is amended to read:

SB461,84,8 938.365 (2g) (b) 3. If the juvenile has been placed outside of his or her home for 15 of the most recent 22 months, not including any period during which the juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile was returned to his or her home for a trial home visit, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the juvenile. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the juvenile and whether or not the juvenile should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the juvenile be registered with the adoption information exchange or report the reason why registering the juvenile is contrary to the best interest of the juvenile.

SB461, s. 151 Section 151. 938.365 (2m) (a) of the statutes is renumbered 938.365 (2m) (a) 1. and amended to read:

SB461,84,24 938.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies. The court shall make findings of fact and conclusions of law based on the evidence. Subject to s. 938.355 (2d), the The findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the juvenile to make it possible for the juvenile to return safely to his or her home achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies. An order shall be issued under s. 938.355.

SB461, s. 152 Section 152. 938.365 (2m) (a) 2. of the statutes is created to read:

SB461,85,5 938.365 (2m) (a) 2. If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the juvenile is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.

SB461, s. 153 Section 153. 938.365 (2m) (a) 3. of the statutes is created to read:

SB461,85,15 938.365 (2m) (a) 3. The court shall make the findings specified in subd. 1. relating to reasonable efforts to achieve the goal of the juvenile's permanency plan and the findings specified in subd. 2. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the order issued under s. 938.355. An order that merely references subd. 1. or 2. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.

SB461, s. 154 Section 154. 938.365 (2m) (ad) of the statutes is created to read:

SB461,85,22 938.365 (2m) (ad) 1. If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

SB461,86,2 2. If a hearing is held under subd. 1., at least 10 days before the date of the hearing the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.

SB461, s. 155 Section 155. 938.365 (2m) (ag) of the statutes is amended to read:

SB461,86,15 938.365 (2m) (ag) In addition to any evidence presented under par. (a), the The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile who is notified of a hearing under par. (ad) 2. or sub. (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. Any written or oral statement made under this paragraph shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under par. (ad) 2. or sub. (2) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

SB461, s. 156 Section 156. 938.365 (5) of the statutes is amended to read:

SB461,87,3 938.365 (5) Except as provided in s. 938.368, all orders an order under this section that continues the placement of a juvenile in his or her home or that extends an order under s. 938.34 (4d), (4h), (4m), or (4n) shall be for a specified length of time not to exceed one year after its date of entry. Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in a foster home, treatment foster home, group home, or child caring institution or in the home of a relative other than a parent shall be for a specified length of time not to exceed the date on which the juvenile reaches 18 years of age, one year after the date of entry of the order, or, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, the date on which the juvenile reaches 19 years of age, whichever is later.

SB461, s. 157 Section 157. 938.38 (2) (intro.) of the statutes is amended to read:

SB461,87,11 938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, child caring institution, secure detention facility, or shelter care facility or in the home of a relative other than a parent, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 shall prepare a written permanency plan, if any of the following conditions exists:

SB461, s. 158 Section 158. 938.38 (2) (c) of the statutes is amended to read:

SB461,87,15 938.38 (2) (c) The juvenile is under the supervision of an agency under s. 48.64 (2) or pursuant to, under a consent decree under s. 938.32 (1) (c), or under a court order under s. 938.355.

SB461, s. 159 Section 159. 938.38 (2) (f) of the statutes is amended to read:

SB461,87,18 938.38 (2) (f) The juvenile's care is paid would be paid for under s. 49.19 but for s. 49.19 (20).

SB461, s. 160 Section 160. 938.38 (3) (intro.) of the statutes is amended to read:

SB461,87,23 938.38 (3) Time. (intro.) Subject to s. 938.355 (2d) (c) 1., the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first held in physical custody or placed outside of removed from his or her home under a court order, except under either of the following conditions:

SB461, s. 161 Section 161. 938.38 (4) (intro.) of the statutes is amended to read:

SB461,88,2 938.38 (4) Contents of plan. (intro.) The permanency plan shall include a description of all of the following:

SB461, s. 162 Section 162. 938.38 (4) (a) of the statutes is renumbered 938.38 (4) (ar) and amended to read:

SB461,88,14 938.38 (4) (ar) The A description of the services offered and any service services provided in an effort to prevent holding or placing the juvenile outside of the removal of the juvenile from his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to make it possible for the juvenile to return safely home, achieve the goal of the permanency plan, except that the permanency plan need not is not required to include a description of those the services offered or provided with respect to a parent of the juvenile to prevent the removal of the juvenile from the home or to achieve the permanency plan goal of returning the juvenile safely to his or her home if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or to 4. apply to that parent.

SB461, s. 163 Section 163. 938.38 (4) (ag) of the statutes is created to read:

SB461,88,17 938.38 (4) (ag) The name, address, and telephone number of the juvenile's parent, guardian, and legal custodian.

SB461, s. 164 Section 164. 938.38 (4) (am) of the statutes is created to read:

SB461,88,20 938.38 (4) (am) The date on which the juvenile was removed from his or her home and the date on which the juvenile was placed in out-of-home care.

SB461, s. 165 Section 165. 938.38 (4) (bm) of the statutes is amended to read:

SB461,88,25 938.38 (4) (bm) The A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, a statement as to why placement with the relative is not safe or appropriate.

SB461, s. 166 Section 166. 938.38 (4) (dg) of the statutes is created to read:

SB461,89,3 938.38 (4) (dg) Information about the juvenile's education, including all of the following:

SB461,89,5 1. The name and address of the school in which the juvenile is or was most recently enrolled.

SB461,89,7 2. Any special education programs in which the juvenile is or was previously enrolled.

SB461,89,9 3. The grade level in which the juvenile is or was most recently enrolled and all information that is available concerning the juvenile's grade level performance.

SB461,89,12 4. A summary of all available education records relating to the juvenile that are relevant to any education goals included in the education services plan prepared under s. 938.33 (1) (e).

SB461, s. 167 Section 167. 938.38 (4) (dm) of the statutes is created to read:

SB461,89,18 938.38 (4) (dm) If as a result of the placement the juvenile has been or will be transferred from the school in which the juvenile is or most recently was enrolled, documentation that a placement that would maintain the juvenile in that school is either unavailable or inappropriate or that a placement that would result in the juvenile's transfer to another school would be in the juvenile's best interests.

SB461, s. 168 Section 168. 938.38 (4) (dr) of the statutes is created to read:

SB461,89,21 938.38 (4) (dr) Medical information relating to the juvenile, including all of the following:

SB461,89,24 1. The names and addresses of the juvenile's physician, dentist, and any other health care provider that is or was previously providing health care services to the juvenile.

SB461,90,2 2. The juvenile's immunization record, including the name and date of each immunization administered to the juvenile.

SB461,90,5 3. Any known medical condition for which the juvenile is receiving medical care or treatment and any known serious medical condition for which the juvenile has previously received medical care or treatment.

SB461,90,8 4. The name, purpose, and dosage of any medication that is being administered to the juvenile and the name of any medication that causes the juvenile to suffer an allergic or other negative reaction.

SB461, s. 169 Section 169. 938.38 (4) (e) of the statutes is amended to read:

SB461,90,15 938.38 (4) (e) The A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of the juvenile and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the juvenile or, if available, why such services are not safe or appropriate.

SB461, s. 170 Section 170. 938.38 (4) (f) (intro.) of the statutes is amended to read:

SB461,90,21 938.38 (4) (f) (intro.) The A description of the services that will be provided to the juvenile, the juvenile's family, and the juvenile's foster parent, the juvenile's treatment foster parent or, the operator of the facility where the juvenile is living, or the relative with whom the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:

SB461, s. 171 Section 171. 938.38 (4) (fg) of the statutes is created to read:

SB461,91,6 938.38 (4) (fg) The goal of the permanency plan or, if the agency is making concurrent reasonable efforts under s. 938.355 (2b), the goals of the permanency plan. If a goal of the permanency plan is any goal other than return of the juvenile to his or her home, the permanency plan shall include the rationale for deciding on that goal. If a goal of the permanency plan is an alternative permanent placement under subd. 5., the permanency plan shall document a compelling reason why it would not be in the best interest of the juvenile to pursue a goal specified in subds. 1. to 4. The agency shall determine one or more of the following goals to be the goal or goals of a juvenile's permanency plan:

SB461,91,7 1. Return of the juvenile to the juvenile's home.

SB461,91,8 2. Placement of the juvenile for adoption.

SB461,91,9 3. Placement of the juvenile with a guardian.

SB461,91,10 4. Permanent placement of the juvenile with a fit and willing relative.