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.
SB461,89,76
2. Any special education programs in which the juvenile is or was previously
7enrolled.
SB461,89,98
3. The grade level in which the juvenile is or was most recently enrolled and
9all information that is available concerning the juvenile's grade level performance.
SB461,89,1210
4. A summary of all available education records relating to the juvenile that are
11relevant to any education goals included in the education services plan prepared
12under s. 938.33 (1) (e).
SB461, s. 167
13Section
167. 938.38 (4) (dm) of the statutes is created to read:
SB461,89,1814
938.38
(4) (dm) If as a result of the placement the juvenile has been or will be
15transferred from the school in which the juvenile is or most recently was enrolled,
16documentation that a placement that would maintain the juvenile in that school is
17either unavailable or inappropriate or that a placement that would result in the
18juvenile's transfer to another school would be in the juvenile's best interests.
SB461, s. 168
19Section
168. 938.38 (4) (dr) of the statutes is created to read:
SB461,89,2120
938.38
(4) (dr) Medical information relating to the juvenile, including all of the
21following:
SB461,89,2422
1. The names and addresses of the juvenile's physician, dentist, and any other
23health care provider that is or was previously providing health care services to the
24juvenile.
SB461,90,2
12. The juvenile's immunization record, including the name and date of each
2immunization administered to the juvenile.
SB461,90,53
3. Any known medical condition for which the juvenile is receiving medical care
4or treatment and any known serious medical condition for which the juvenile has
5previously received medical care or treatment.
SB461,90,86
4. The name, purpose, and dosage of any medication that is being administered
7to the juvenile and the name of any medication that causes the juvenile to suffer an
8allergic or other negative reaction.
SB461, s. 169
9Section
169. 938.38 (4) (e) of the statutes is amended to read:
SB461,90,1510
938.38
(4) (e)
The A plan for ensuring the safety and appropriateness of the
11placement and
a description of the services provided to meet the needs of the juvenile
12and family, including a discussion of services that have been investigated and
13considered and are not available or likely to become available within a reasonable
14time to meet the needs of the juvenile or, if available, why such services are not safe
15or appropriate.
SB461, s. 170
16Section
170. 938.38 (4) (f) (intro.) of the statutes is amended to read:
SB461,90,2117
938.38
(4) (f) (intro.)
The A description of the services that will be provided to
18the juvenile, the juvenile's family
, and the juvenile's foster parent, the juvenile's
19treatment foster parent
or, the operator of the facility where the juvenile is living
,
20or the relative with whom the juvenile is living to carry out the dispositional order,
21including services planned to accomplish all of the following:
SB461, s. 171
22Section
171. 938.38 (4) (fg) of the statutes is created to read:
SB461,91,623
938.38
(4) (fg) The goal of the permanency plan or, if the agency is making
24concurrent reasonable efforts under s. 938.355 (2b), the goals of the permanency
25plan. If a goal of the permanency plan is any goal other than return of the juvenile
1to his or her home, the permanency plan shall include the rationale for deciding on
2that goal. If a goal of the permanency plan is an alternative permanent placement
3under subd. 5., the permanency plan shall document a compelling reason why it
4would not be in the best interest of the juvenile to pursue a goal specified in subds.
51. to 4. The agency shall determine one or more of the following goals to be the goal
6or goals of a juvenile's permanency plan:
SB461,91,77
1. Return of the juvenile to the juvenile's home.
SB461,91,88
2. Placement of the juvenile for adoption.
SB461,91,99
3. Placement of the juvenile with a guardian.
SB461,91,1010
4. Permanent placement of the juvenile with a fit and willing relative.
SB461,91,1211
5. Some other alternative permanent placement, including sustaining care,
12independent living, or long-term foster care.
SB461, s. 172
13Section
172. 938.38 (4) (fm) of the statutes is amended to read:
SB461,91,1814
938.38
(4) (fm) If the
goal of the permanency plan
calls for placing is to place 15the juvenile for adoption, with a guardian
, with a fit and willing relative, or in some
16other alternative permanent placement, the efforts made to
place the juvenile for
17adoption, with a guardian or in some other alternative permanent placement achieve
18that goal.
SB461, s. 173
19Section
173. 938.38 (4) (h) of the statutes is created to read:
SB461,91,2320
938.38
(4) (h) If the juvenile is 15 years of age or over, a description of the
21programs and services that are or will be provided to assist the juvenile in preparing
22for the transition from out-of-home care to independent living. The description
23shall include all of the following:
SB461,91,2524
1. The anticipated age at which the juvenile will be discharged from
25out-of-home care.
SB461,92,2
12. The anticipated amount of time available in which to prepare the juvenile
2for the transition from out-of-home care to independent living.
SB461,92,43
3. The anticipated location and living situation of the juvenile on discharge
4from out-of-home care.
SB461,92,85
4. A description of the assessment processes, tools, and methods that have been
6or will be used to determine the programs and services that are or will be provided
7to assist the juvenile in preparing for the transition from out-of-home care to
8independent living.
SB461,92,129
5. The rationale for each program or service that is or will be provided to assist
10the juvenile in preparing for the transition from out-of-home care to independent
11living, the time frames for delivering those programs or services, and the intended
12outcome of those programs or services.
SB461, s. 174
13Section
174. 938.38 (5) (a) of the statutes is amended to read:
SB461,92,2314
938.38
(5) (a) The court or a panel appointed under
this paragraph par. (ag) 15shall review the permanency plan
every in the manner provided in this subsection
16not later than 6 months
from after the date on which the juvenile was first
held in
17physical custody or placed outside of removed from his or her home
and every 12
18months after a previous review under this subsection for as long as the juvenile is
19placed outside the home, except that for the review that is required to be conducted
20not later than 12 months after the juvenile was first removed from his or her home
21and the reviews that are required to be conducted every 12 months after that review
22the court shall hold a hearing under sub. (5m) to review the permanency plan, which
23hearing may be instead of or in addition to the review under this subsection.
SB461,93,6
24(ag) If the court elects not to review the permanency plan, the court shall
25appoint a panel to review the permanency plan. The panel shall consist of 3 persons
1who are either designated by an independent agency that has been approved by the
2chief judge of the judicial administrative district or designated by the agency that
3prepared the permanency plan. A voting majority of persons on each panel shall be
4persons who are not employed by the agency that prepared the permanency plan and
5who are not responsible for providing services to the juvenile or the parents of the
6juvenile whose permanency plan is the subject of the review.
SB461, s. 175
7Section
175. 938.38 (5) (b) of the statutes is amended to read:
SB461,93,248
938.38
(5) (b) The court or the agency shall notify the parents of the juvenile,
9the juvenile
, if he or she is 10 years of age or older
, and the juvenile's foster parent,
10the juvenile's treatment foster parent
or, the operator of the facility in which the
11juvenile is living
, or the relative with whom the juvenile is living of the date, time
, 12and place of the review, of the issues to be determined as part of the review,
and of
13the fact that they may have an opportunity to be heard at the review by submitting
14written comments not less than 10 working days before the review or by
15participating at the review. The court or agency shall notify the person representing
16the interests of the public, the juvenile's counsel
, and the juvenile's guardian ad litem
17of the date of the review, of the issues to be determined as part of the review
, and of
18the fact that they may submit written comments not less than 10 working days before
19the review.
Any written or oral statement made to the court under this paragraph
20by a foster parent, treatment foster parent, operator of a facility in which a juvenile
21is living, or relative with whom a juvenile is living shall be made under oath or
22affirmation. The notices under this paragraph shall be provided in writing not less
23than 30 days before the review and copies of the notices shall be filed in the juvenile's
24case record.
SB461, s. 176
25Section
176. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:
SB461,94,6
1938.38
(5) (c) 6. (intro.) If the juvenile has been placed outside of his or her
2home, as described in s. 938.365 (1), for 15 of the most recent 22 months,
not including
3any period during which the juvenile was a runaway from the out-of-home
4placement or the first 6 months of any period during which the juvenile was returned
5to his or her home for a trial home visit, the appropriateness of the permanency plan
6and the circumstances which prevent the juvenile from any of the following:
SB461, s. 177
7Section
177. 938.38 (5) (c) 6. am. of the statutes is renumbered 938.38 (5) (c)
86. cm. and amended to read:
SB461,94,109
938.38
(5) (c) 6. cm. Being placed in the home of a
fit and willing relative of the
10juvenile.
SB461, s. 178
11Section
178. 938.38 (5) (c) 6. cg. of the statutes is created to read:
SB461,94,1212
938.38
(5) (c) 6. cg. Being placed with a guardian.
SB461, s. 179
13Section
179. 938.38 (5) (c) 6. d. of the statutes is amended to read:
SB461,94,1514
938.38
(5) (c) 6. d. Being placed in
some other alternative permanent
15placement, including sustaining care
, independent living, or long-term foster care.
SB461, s. 180
16Section
180. 938.38 (5) (c) 7. of the statutes is amended to read:
SB461,94,2317
938.38
(5) (c) 7. Whether reasonable efforts were made by the agency to
make
18it possible for the juvenile to return safely to his or her home, except that the court
19or panel need not determine whether those reasonable efforts were made with
20respect to a parent of the juvenile if any of the circumstances specified in s. 938.355
21(2d) (b) 1., 2., 3. or 4. apply to that parent achieve the goal of the permanency plan,
22unless return of the juvenile to the home is the goal of the permanency plan and any
23of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.
SB461, s. 181
24Section
181. 938.38 (5m) of the statutes is created to read: