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:
SB461,95,5
1938.38
(5m) Permanency plan hearing. (a) The court shall hold a hearing to
2review the permanency plan and to make the determinations specified in sub. (5) (c)
3no later than 12 months after the date on which the juvenile was first removed from
4the home and every 12 months after a previous hearing under this subsection for as
5long as the juvenile is placed outside the home.
SB461,95,126
(b) Not less than 30 days before the date of the hearing, the court shall notify
7the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster
8parent or treatment foster parent, the operator of the facility in which the juvenile
9is living, or the relative with whom the juvenile is living; the juvenile's counsel and
10the juvenile's guardian ad litem; the agency that prepared the permanency plan; and
11the person representing the interests of the public of the date, time, and place of the
12hearing.
SB461,95,2413
(c) Any person who is provided notice of the hearing may have an opportunity
14to be heard at the hearing by submitting written comments relevant to the
15determinations specified in sub. (5) (c) not less than 10 working days before the date
16of the hearing or by participating at the hearing. Any written or oral comment made
17to the court under this paragraph by a foster parent, treatment foster parent,
18operator of a facility in which a juvenile is living, or relative with whom a juvenile
19is living shall be made under oath or affirmation. A foster parent, treatment foster
20parent, operator of a facility in which a juvenile is living, or relative with whom a
21juvenile is living who receives notice of a hearing under par. (b) and an opportunity
22to be heard under this paragraph does not become a party to the proceeding on which
23the hearing is held solely on the basis of receiving that notice and opportunity to be
24heard.
SB461,96,10
1(d) At least 5 days before the date of the hearing the agency that prepared the
2permanency plan shall provide a copy of the permanency plan and any written
3comments submitted under par. (c) to the court, to the juvenile's parent, guardian,
4and legal custodian, to the person representing the interests of the public, and to the
5juvenile's counsel or guardian ad litem. Notwithstanding s. 938.78 (2) (a), the person
6representing the interests of the public and the juvenile's counsel or guardian ad
7litem may have access to any other records concerning the juvenile for the purpose
8of participating in the review. A person permitted access to a juvenile's records under
9this paragraph may not disclose any information from the records to any other
10person.
SB461,96,2511
(e) After the hearing, the court shall make written findings of fact and
12conclusions of law relating to the determinations under sub. (5) (c) and shall provide
13a copy of those findings of fact and conclusions of law to the juvenile; the juvenile's
14parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster
15parent, the operator of the facility in which the juvenile is living, or the relative with
16whom the juvenile is living; the agency that prepared the permanency plan; and the
17person representing the interests of the public. The court shall make the findings
18specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to
19the juvenile and shall document or reference the specific information on which those
20findings are based in the findings of fact and conclusions of law prepared under this
21paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c)
227. without documenting or referencing that specific information in the findings of fact
23and conclusions of law or amended findings of fact and conclusions of law that
24retroactively correct earlier findings of fact and conclusions of law that do not comply
25with this paragraph are not sufficient to comply with this paragraph.
SB461,97,4
1(f) If the findings of fact and conclusions of law under par. (e) conflict with the
2juvenile's dispositional order or provide for any additional services not specified in
3the dispositional order, the court shall revise the dispositional order under s. 938.363
4or order a change in placement under s. 938.357, as appropriate.
SB461, s. 182
5Section
182. 938.78 (2) (a) of the statutes is amended to read:
SB461,97,96
938.78
(2) (a) No agency may make available for inspection or disclose the
7contents of any record kept or information received about an individual in its care
8or legal custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d)
9or (5m) (d), or 938.51 or by order of the court.
SB461,97,1111
(1)
Relative placement permanency plans.
SB461,97,2312
(a) Notwithstanding sections 48.38 (3) and 938.38 (3) of the statutes, for
13children or juveniles who are living in the home of a relative, as defined in section
1448.02 (15) or 938.02 (15) of the statutes, under the supervision of an agency under
15section 48.64 (2) of the statutes, under a consent decree under section 48.32 or 938.32
16of the statutes, or under an order under section 48.355 or 938.355 of the statutes on
17the day before the effective date of this paragraph, the agency assigned primary
18responsibility for providing services to those children or juveniles shall file a
19permanency plan with that court with respect to not less than 33% of those children
20or juveniles by July 1, 2002, with respect to not less than 67% of those children or
21juveniles by September 1, 2002, and with respect to all of those children or juveniles
22by November 1, 2002, giving priority to those children or juveniles who have been
23living in the home of a relative for the longest period of time.
SB461,98,624
(b) The agency shall request the court assigned to exercise jurisdiction under
25chapters 48 and 938 of the statutes, as affected by this act, to make a finding under
1section 48.363 or 938.363 of the statutes that reasonable efforts have been made to
2prevent the removal of the child or juvenile from the home or that those efforts are
3not required to be made because a circumstance specified in section 48.355 (2d) (b)
41. to 5. of the statutes, as affected by this act, or section 938.355 (2d) (b) 1. to 4. of the
5statutes, as affected by this act, applies, not more than 60 days after the date on
6which the permanency plan is filed.
SB461,98,137
(c) Notwithstanding section 48.38 (5) (a) of the statutes, as affected by this act,
8section 48.38 (5m) of the statutes, as created by this act, section 938.38 (5) (a) of the
9statutes, as affected by this act, and section 938.38 (5m) of the statutes, as created
10by this act, a permanency plan filed under this subsection shall be reviewed within
116 months after the date on which the permanency plan is filed and a permanency
12plan hearing shall be had to review a permanency plan filed under this subsection
13within 12 months after the date on which the permanency plan is filed.
SB461,99,215
(1)
Juvenile court orders. The treatment of sections 48.21 (5) (b) 1. and 3., (c),
16and (d), 48.355 (2) (b) 6. and 6r., (2c) (b), (2d) (b) (intro.), 1., 2., 3., 4., and 5. and (bm),
17and (4), 48.357 (6), 48.365 (2m) (ag) and (5), 48.977 (2) (f), 938.21 (5) (b) 1. and 3., (c),
18and (d), 938.32 (1) (c) and (d), 938.355 (2) (b) 6. and 6r., (2c) (b), (2d) (b) (intro.), 1.,
192., 3., 4., and 5. and (bm), (4) (a) and (b), (6) (a), and (6m) (cm), 938.357 (6), and
20938.365 (2m) (ag) and (5) of the statutes, the renumbering and amendment of
21sections 48.32 (1), 48.355 (2d) (c), 48.365 (2m) (a), 938.355 (2d) (c), and 938.365 (2m)
22(a) of the statutes, and the creation of sections 48.32 (1) (b) and (c), 48.355 (2d) (c) 2.
23and 3., 48.365 (2m) (a) 2. and 3. and (ad), 938.355 (2d) (c) 2. and 3., and 938.365 (2m)
24(a) 2. and 3. and (ad) of the statutes first apply to a physical custody order, consent
1decree, dispositional order, change in placement order, extension order, sanction
2order, or guardianship order entered on the effective date of this subsection.
SB461,99,73
(2)
Juvenile court reports. The treatment of sections 48.33 (4) (intro.) and (c),
448.365 (1) and (2g) (b) 2. and 3., 938.33 (4) (intro.) and (c), and 938.365 (1) and (2g)
5(b) 2. and 3. of the statutes first applies to reports filed with the court assigned to
6exercise jurisdiction under chapters 48 and 938 of the statutes on the effective of this
7subsection.
SB461,99,128
(3)
Juvenile court hearings. The treatment of sections 48.21 (1) (a) and (3)
9(am), 48.27 (3) (a) 1m., 48.335 (3g), 48.42 (2g) (am), 48.427 (1m), 938.21 (1) (a), (2)
10(am), and (3) (am), 938.27 (3) (a) 1m., and 938.335 (3g) of the statutes first applies
11to hearings held by the court assigned to exercise jurisdiction under chapters 48 and
12938 of the statutes on the effective of this subsection.
SB461,99,1713
(4)
Permanency plan contents. The treatment of sections 48.38 (4) (intro.), (a),
14(ag), (am), (bm), (dg), (dm), (dr), (e), (f) (intro.), (fg), (fm), and (h) and 938.38 (4)
15(intro.), (a), (ag), (am), (bm), (dg), (dm), (dr), (e), (f) (intro.), (fg), (fm), and (h) of the
16statutes first applies to permanency plans filed on the effective date of this
17subsection.
SB461,99,2218
(5)
Permanency plan reviews and hearings. The treatment of sections 48.38
19(5) (a), (b), and (c) 6. (intro.), am., cg., and d. and 7. and (5m) and 938.38 (5) (a), (b),
20and (c) 6. (intro.), am., cg., and d. and 7. and (5m) of the statutes first applies to
21permanency plan reviews and hearings for which notice is provided on the effective
22date of this subsection.
SB461,99,2523
(6)
Changes in placement. The treatment of sections 48.357 (2) and (2r) and
24938.357 (2), (2r), (3), (4) (b) 2., (c) 1. and 2., and (d), and (5) (a) of the statutes, the
25renumbering and amendment of sections 48.357 (1), (2m), and (2v) and 938.357 (1),
1(2m), and (2v) of the statutes, and the creation of sections 48.357 (1) (b) 3., and (c),
2(2m) (c), and (2v) (a) (intro.), 1., and 3., (b), and (c) and 938.357 (1) (b) 3. and (c), (2m)
3(c), and (2v) (a) (intro.), 1., and 3., (b), and (c) of the statutes first apply to changes
4in placement requested or proposed on the effective date of this subsection.
SB461,100,75
(7)
Time limits. The treatment of sections 48.315 (2m) and 938.315 (2m) and
6(3) of the statutes first applies to continuances and extensions granted, and periods
7of delay that begin, on the effective date of this subsection.
SB461,100,118
(8)
Juvenile court petitions. The treatment of sections 48.255 (1) (f), (1m) (f),
9and (2) and 938.255 (1) (f) and (2) of the statutes first applies to petitions filed with
10the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes
11on the effective date of this subsection.