SB461, s. 39
1Section 39. 48.357 (2v) of the statutes, as created by 2001 Wisconsin Act 16,
2is renumbered 48.357 (2v) (a) 2. and amended to read:
SB461,30,153 48.357 (2v) (a) 2. If a hearing is held under sub. (1) or (2m) and the change in
4placement would place the child outside the home in a placement order would change
5the placement of the child to a placement outside the home
recommended by the
6person or agency primarily responsible for implementing the dispositional order, the
7change in placement order shall include
whether from a placement in the home or
8from another placement outside the home,
a statement that the court approves the
9placement recommended by that person or agency or, if the child is placed outside the
10home in a placement other than
change in placement order would change the
11placement of the child to a placement outside the home that is not
a placement
12recommended by that person or agency, whether from a placement in the home or
13from another placement outside the home,
a statement that the court has given bona
14fide consideration to the recommendations made by that person or agency and all
15parties relating to the child's placement.
SB461, s. 40 16Section 40. 48.357 (2v) (a) (intro.) of the statutes is created to read:
SB461,30,1817 48.357 (2v) (a) (intro.) A change in placement order under sub. (1) or (2m) shall
18contain all of the following:
SB461, s. 41 19Section 41. 48.357 (2v) (a) 1. of the statutes is created to read:
SB461,31,220 48.357 (2v) (a) 1. If the change in placement order changes the child's
21placement from a placement in the child's home to a placement outside the child's
22home, a finding that continued placement of the child in his or her home would be
23contrary to the welfare of the child and, unless a circumstance specified in s. 48.355
24(2d) (b) 1. to 5. applies, a finding that the agency primarily responsible for
25implementing the dispositional order has made reasonable efforts to prevent the

1removal of the child from the home, while assuring that the child's health and safety
2are the paramount concerns.
SB461, s. 42 3Section 42. 48.357 (2v) (a) 3. of the statutes is created to read:
SB461,31,84 48.357 (2v) (a) 3. If the court finds that any of the circumstances specified in
5s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, a determination that the
6agency primarily responsible for providing services under the change in placement
7order is not required to make reasonable efforts with respect to the parent to make
8it possible for the child to return safely to his or her home.
SB461, s. 43 9Section 43. 48.357 (2v) (b) of the statutes is created to read:
SB461,31,1710 48.357 (2v) (b) The court shall make the findings specified in par. (a) 1. and 3.
11on a case-by-case basis based on circumstances specific to the child and shall
12document or reference the specific information on which those findings are based in
13the change in placement order. A change in placement order that merely references
14par. (a) 1. or 3. without documenting or referencing that specific information in the
15change in placement order or an amended change in placement order that
16retroactively corrects an earlier change in placement order that does not comply with
17this paragraph is not sufficient to comply with this paragraph.
SB461, s. 44 18Section 44. 48.357 (2v) (c) of the statutes is created to read:
SB461,31,2419 48.357 (2v) (c) 1. If the court finds under par. (a) 3. that any of the
20circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
21the court shall hold a hearing within 30 days after the date of that finding to
22determine the permanency plan for the child. If a hearing is held under this
23subdivision, the agency responsible for preparing the permanency plan shall file the
24permanency plan with the court not less than 5 days before the date of the hearing.
SB461,32,5
12. If a hearing is held under subd. 1., at least 10 days before the date of the
2hearing the court shall notify the child, any parent, guardian, and legal custodian
3of the child, and any foster parent, treatment foster parent, or other physical
4custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the
5hearing.
SB461,32,166 3. The court shall give a foster parent, treatment foster parent, or other
7physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
82. an opportunity to be heard at the hearing by permitting the foster parent,
9treatment foster parent, or other physical custodian to make a written or oral
10statement during the hearing, or to submit a written statement prior to the hearing,
11relevant to the issues to be determined at the hearing. Any written or oral statement
12made under this subdivision shall be made upon oath or affirmation. A foster parent,
13treatment foster parent, or other physical custodian who receives a notice of a
14hearing under subd. 2. and an opportunity to be heard under this subdivision does
15not become a party to the proceeding on which the hearing is held solely on the basis
16of receiving that notice and opportunity to be heard.
SB461, s. 45 17Section 45. 48.357 (6) of the statutes is amended to read:
SB461,33,618 48.357 (6) No change in placement may extend the expiration date of the
19original order, except that if the change in placement is from a placement in the
20child's home to a placement outside the home the court may extend the expiration
21date of the original order to the date on which the child reaches 18 years of age, to
22the date that is one year after the date of the change in placement order, or, if the child
23is a full-time student at a secondary school or its vocational or technical equivalent
24and is reasonably expected to complete the program before reaching 19 years of age,
25to the date on which the child reaches 19 years of age, whichever is later, or for a

1shorter period of time as specified by the court. If the change in placement is from
2a placement outside the home to a placement in the child's home and if the expiration
3date of the original order is more than one year after the date of the change in
4placement order, the court shall shorten the expiration date of the original order to
5the date that is one year after the date of the change in placement order or to an
6earlier date as specified by the court
.
SB461, s. 46 7Section 46. 48.365 (1) of the statutes is amended to read:
SB461,33,118 48.365 (1) In this section, a child is considered to have been placed outside of
9his or her home on the date on which the court first found that the child has been
10subjected to abuse or neglect or on the date that is 60 days after the date on which

11the child was first removed from his or her home, whichever is earlier.
SB461, s. 47 12Section 47. 48.365 (2g) (b) 2. of the statutes is amended to read:
SB461,33,2213 48.365 (2g) (b) 2. An evaluation of the child's adjustment to the placement and
14of any progress the child has made, suggestions for amendment of the permanency
15plan, a description of efforts to return the child safely to his or her home and specific
16information showing the efforts that have been made to achieve the goal of the
17permanency plan
, including, if applicable, the efforts of the parents to remedy the
18factors which that contributed to the child's placement and, if continued placement
19outside of the child's home is recommended, an explanation of why returning the
20child to his or her home is not safe or feasible
, unless return of the child to the home
21is the goal of the permanency plan and any of the circumstances specified in s. 48.355
22(2d) (b) 1. to 5. applies
.
SB461, s. 48 23Section 48. 48.365 (2g) (b) 3. of the statutes is amended to read:
SB461,34,1624 48.365 (2g) (b) 3. If the child has been placed outside of his or her home for 15
25of the most recent 22 months, not including any period during which the child was

1a runaway from the out-of-home placement or the first 6 months of any period
2during which the child was returned to his or her home for a trial home visit,
a
3statement of whether or not a recommendation has been made to terminate the
4parental rights of the parents of the child. If a recommendation for a termination of
5parental rights has been made, the statement shall indicate the date on which the
6recommendation was made, any previous progress made to accomplish the
7termination of parental rights, any barriers to the termination of parental rights,
8specific steps to overcome the barriers and when the steps will be completed, reasons
9why adoption would be in the best interest of the child, and whether or not the child
10should be registered with the adoption information exchange. If a recommendation
11for termination of parental rights has not been made, the statement shall include an
12explanation of the reasons why a recommendation for termination of parental rights
13has not been made. If the lack of appropriate adoptive resources is the primary
14reason for not recommending a termination of parental rights, the agency shall
15recommend that the child be registered with the adoption information exchange or
16report the reason why registering the child is contrary to the best interest of the child.
SB461, s. 49 17Section 49. 48.365 (2m) (a) of the statutes is renumbered 48.365 (2m) (a) 1.
18and amended to read:
SB461,35,819 48.365 (2m) (a) 1. Any party may present evidence relevant to the issue of
20extension. If the child is placed outside of his or her home, the person or agency
21primarily responsible for providing services to the child shall present as evidence
22specific information showing that the agency has made reasonable efforts to achieve
23the goal of the child's permanency plan, unless return of the child to the home is the
24goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d)
25(b) 1. to 5. applies.
The judge shall make findings of fact and conclusions of law based

1on the evidence. Subject to s. 48.355 (2d), the The findings of fact shall include a
2finding as to whether reasonable efforts were made by the agency primarily
3responsible for providing services to the child or expectant mother to make it possible
4for the child to return safely to his or her home or for the expectant mother to return
5to her home
to achieve the goal of the child's permanency plan, unless return of the
6child to the home is the goal of the permanency plan and the judge finds that any of
7the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
. An order shall be
8issued under s. 48.355.
SB461, s. 50 9Section 50. 48.365 (2m) (a) 2. of the statutes is created to read:
SB461,35,1410 48.365 (2m) (a) 2. If the judge finds that any of the circumstances specified in
11s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the order shall include a
12determination that the person or agency primarily responsible for providing services
13to the child is not required to make reasonable efforts with respect to the parent to
14make it possible for the child to return safely to his or her home.
SB461, s. 51 15Section 51. 48.365 (2m) (a) 3. of the statutes is created to read:
SB461,35,2416 48.365 (2m) (a) 3. The judge shall make the findings specified in subd. 1.
17relating to reasonable efforts to achieve the goal of the child's permanency plan and
18the findings specified in subd. 2. on a case-by-case basis based on circumstances
19specific to the child and shall document or reference the specific information on
20which those findings are based in the order issued under s. 48.355. An order that
21merely references subd. 1. or 2. without documenting or referencing that specific
22information in the order or an amended order that retroactively corrects an earlier
23order that does not comply with this subdivision is not sufficient to comply with this
24subdivision.
SB461, s. 52 25Section 52. 48.365 (2m) (ad) of the statutes is created to read:
SB461,36,6
148.365 (2m) (ad) 1. If the judge finds that any of the circumstances specified
2in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge shall hold a
3hearing within 30 days after the date of that finding to determine the permanency
4plan for the child. If a hearing is held under this subdivision, the agency responsible
5for preparing the permanency plan shall file the permanency plan with the court not
6less than 5 days before the date of the hearing.
SB461,36,117 2. If a hearing is held under subd. 1., at least 10 days before the date of the
8hearing the court shall notify the child, any parent, guardian, and legal custodian
9of the child, and any foster parent, treatment foster parent, or other physical
10custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the
11hearing.
SB461, s. 53 12Section 53. 48.365 (2m) (ag) of the statutes is amended to read:
SB461,36,2413 48.365 (2m) (ag) In addition to any evidence presented under par. (a), the The
14court shall give a foster parent, treatment foster parent, or other physical custodian
15described in s. 48.62 (2) of the child who is notified of a hearing under par. (ad) 2. or
16sub. (2)
an opportunity to be heard at the hearing by permitting the foster parent,
17treatment foster parent, or other physical custodian to make a written or oral
18statement during the hearing, or to submit a written statement prior to the hearing,
19relevant to the issue of extension. Any written or oral statement made under this
20paragraph shall be made under oath or affirmation. A foster parent, treatment foster
21parent, or other physical custodian described in s. 48.62 (2) who receives notice of a
22hearing under par. (ad) 2. or sub. (2) and an opportunity to be heard under this
23paragraph does not become a party to the proceeding on which the hearing is held
24solely on the basis of receiving that notice and opportunity to be heard.
SB461, s. 54 25Section 54. 48.365 (5) of the statutes is amended to read:
SB461,37,10
148.365 (5) Except as provided in s. 48.368, all orders an order under this section
2that continues the placement of a child in his or her home or that relates to an unborn
3child of an adult expectant mother
shall be for a specified length of time not to exceed
4one year after its date of entry. Except as provided in s. 48.368, an order under this
5section that continues the placement of a child in an out-of-home placement shall
6be for a specified length of time not to exceed the date on which the child reaches 18
7years of age, one year after the date of entry of the order, or, if the child is a full-time
8student at a secondary school or its vocational or technical equivalent and is
9reasonably expected to complete the program before reaching 19 years of age, the
10date on which the child reaches 19 years of age, whichever is later
.
SB461, s. 55 11Section 55. 48.38 (2) (intro.) of the statutes is amended to read:
SB461,37,1812 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3),
13for each child living in a foster home, treatment foster home, group home,
14child-caring institution, secure detention facility, or shelter care facility or in the
15home of a relative other than a parent
, the agency that placed the child or arranged
16the placement or the agency assigned primary responsibility for providing services
17to the child under s. 48.355 shall prepare a written permanency plan, if one any of
18the following conditions exists:
SB461, s. 56 19Section 56. 48.38 (2) (c) of the statutes is amended to read:
SB461,37,2220 48.38 (2) (c) The child is under the supervision of an agency under s. 48.64 (2)
21or pursuant to, under a consent decree under s. 48.32 (1) (b), or under a court order
22under s. 48.355.
SB461, s. 57 23Section 57. 48.38 (2) (f) of the statutes is amended to read:
SB461,37,2524 48.38 (2) (f) The child's care is paid would be paid for under s. 49.19 but for s.
2549.19 (20)
.
SB461, s. 58
1Section 58. 48.38 (3) of the statutes is amended to read:
SB461,38,82 48.38 (3) Time. Subject to s. 48.355 (2d) (c) 1., the agency shall file the
3permanency plan with the court within 60 days after the date on which the child was
4first held in physical custody or placed outside of his or her home under a court order
5removed from his or her home, except that if the child is held for less than 60 days
6in a secure detention facility, juvenile portion of a county jail, or a shelter care facility,
7no permanency plan is required if the child is returned to his or her home within that
8period.
SB461, s. 59 9Section 59. 48.38 (4) (intro.) of the statutes is amended to read:
SB461,38,1110 48.38 (4) Contents of plan. (intro.) The permanency plan shall include a
11description of
all of the following:
SB461, s. 60 12Section 60. 48.38 (4) (a) of the statutes, as affected by 2001 Wisconsin Act 2,
13is renumbered 48.38 (4) (ar) and amended to read:
SB461,38,2314 48.38 (4) (ar) The A description of the services offered and any service services
15provided in an effort to prevent holding or placing the child outside of the removal
16of the child from
his or her home, while assuring that the health and safety of the
17child are the paramount concerns, and to make it possible for the child to return
18safely home
achieve the goal of the permanency plan, except that the permanency
19plan need not is not required to include a description of those the services offered or
20provided with respect to a parent of the child to prevent the removal of the child from
21the home or to achieve the permanency plan goal of returning the child safely to his
22or her home
if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3., 4., or
23to 5. apply applies to that parent.
SB461, s. 61 24Section 61. 48.38 (4) (ag) of the statutes is created to read:
SB461,39,2
148.38 (4) (ag) The name, address, and telephone number of the child's parent,
2guardian, and legal custodian.
SB461, s. 62 3Section 62. 48.38 (4) (am) of the statutes is created to read:
SB461,39,54 48.38 (4) (am) The date on which the child was removed from his or her home
5and the date on which the child was placed in out-of-home care.
SB461, s. 63 6Section 63. 48.38 (4) (bm) of the statutes is amended to read:
SB461,39,107 48.38 (4) (bm) The A statement as to the availability of a safe and appropriate
8placement with a fit and willing relative of the child and, if a decision is made not
9to place the child with an available relative, a statement as to why placement with
10the relative is not safe or appropriate.
SB461, s. 64 11Section 64. 48.38 (4) (dg) of the statutes is created to read:
SB461,39,1312 48.38 (4) (dg) Information about the child's education, including all of the
13following:
SB461,39,1514 1. The name and address of the school in which the child is or was most recently
15enrolled.
SB461,39,1716 2. Any special education programs in which the child is or was previously
17enrolled.
SB461,39,1918 3. The grade level in which the child is or was most recently enrolled and all
19information that is available concerning the child's grade level performance.
SB461,39,2220 4. A summary of all available education records relating to the child that are
21relevant to any education goals included in the education services plan prepared
22under s. 48.33 (1) (e).
SB461, s. 65 23Section 65. 48.38 (4) (dm) of the statutes is created to read:
SB461,40,324 48.38 (4) (dm) If as a result of the placement the child has been or will be
25transferred from the school in which the child is or most recently was enrolled,

1documentation that a placement that would maintain the child in that school is
2either unavailable or inappropriate or that a placement that would result in the
3child's transfer to another school would be in the child's best interests.
SB461, s. 66 4Section 66. 48.38 (4) (dr) of the statutes is created to read:
SB461,40,65 48.38 (4) (dr) Medical information relating to the child, including all of the
6following:
SB461,40,97 1. The names and addresses of the child's physician, dentist, and any other
8health care provider that is or was previously providing health care services to the
9child.
SB461,40,1110 2. The child's immunization record, including the name and date of each
11immunization administered to the child.
SB461,40,1412 3. Any known medical condition for which the child is receiving medical care
13or treatment and any known serious medical condition for which the child has
14previously received medical care or treatment.
SB461,40,1715 4. The name, purpose, and dosage of any medication that is being administered
16to the child and the name of any medication that causes the child to suffer an allergic
17or other negative reaction.
SB461, s. 67 18Section 67. 48.38 (4) (e) of the statutes is amended to read:
SB461,40,2419 48.38 (4) (e) The A plan for ensuring the safety and appropriateness of the
20placement and a description of the services provided to meet the needs of the child
21and family, including a discussion of services that have been investigated and
22considered and are not available or likely to become available within a reasonable
23time to meet the needs of the child or, if available, why such services are not safe or
24appropriate.
SB461, s. 68 25Section 68. 48.38 (4) (f) (intro.) of the statutes is amended to read:
SB461,41,5
148.38 (4) (f) (intro.) The A description of the services that will be provided to
2the child, the child's family, and the child's foster parent, the child's treatment foster
3parent or, the operator of the facility where the child is living, or the relative with
4whom the child is living
to carry out the dispositional order, including services
5planned to accomplish all of the following:
SB461, s. 69 6Section 69. 48.38 (4) (fg) of the statutes is created to read:
SB461,41,157 48.38 (4) (fg) The goal of the permanency plan or, if the agency is making
8concurrent reasonable efforts under s. 48.355 (2b), the goals of the permanency plan.
9If a goal of the permanency plan is any goal other than return of the child to his or
10her home, the permanency plan shall include the rationale for deciding on that goal.
11If a goal of the permanency plan is an alternative permanent placement under subd.
125., the permanency plan shall document a compelling reason why it would not be in
13the best interest of the child to pursue a goal specified in subds. 1. to 4. The agency
14shall determine one or more of the following goals to be the goal or goals of a child's
15permanency plan:
SB461,41,1616 1. Return of the child to the child's home.
SB461,41,1717 2. Placement of the child for adoption.
SB461,41,1818 3. Placement of the child with a guardian.
SB461,41,1919 4. Permanent placement of the child with a fit and willing relative.
SB461,41,2120 5. Some other alternative permanent placement, including sustaining care,
21independent living, or long-term foster care.
SB461, s. 70 22Section 70. 48.38 (4) (fm) of the statutes is amended to read:
SB461,42,223 48.38 (4) (fm) If the goal of the permanency plan calls for placing is to place the
24child for adoption, with a guardian, with a fit and willing relative, or in some other

1alternative permanent placement, the efforts made to place the child for adoption,
2with a guardian or in some other alternative permanent placement
achieve that goal.
SB461, s. 71 3Section 71. 48.38 (4) (h) of the statutes is created to read:
SB461,42,74 48.38 (4) (h) If the child is 15 years of age or over, a description of the programs
5and services that are or will be provided to assist the child in preparing for the
6transition from out-of-home care to independent living. The description shall
7include all of the following:
SB461,42,98 1. The anticipated age at which the child will be discharged from out-of-home
9care.
SB461,42,1110 2. The anticipated amount of time available in which to prepare the child for
11the transition from out-of-home care to independent living.
SB461,42,1312 3. The anticipated location and living situation of the child on discharge from
13out-of-home care.
SB461,42,1714 4. A description of the assessment processes, tools, and methods that have been
15or will be used to determine the programs and services that are or will be provided
16to assist the child in preparing for the transition from out-of-home care to
17independent living.
SB461,42,2118 5. The rationale for each program or service that is or will be provided to assist
19the child in preparing for the transition from out-of-home care to independent
20living, the time frames for delivering those programs or services, and the intended
21outcome of those programs or services.
SB461, s. 72 22Section 72. 48.38 (5) (a) of the statutes is amended to read:
SB461,43,723 48.38 (5) (a) The court or a panel appointed under this paragraph par. (ag) shall
24review the permanency plan every in the manner provided in this subsection not
25later than
6 months from after the date on which the child was first held in physical

1custody or placed outside of
removed from his or her home and every 6 months after
2a previous review under this subsection for as long as the child is placed outside the
3home, except that for the review that is required to be conducted not later than 12
4months after the child was first removed from his or her home and the reviews that
5are required to be conducted every 12 months after that review the court shall hold
6a hearing under sub. (5m) to review the permanency plan, which hearing may be
7instead of or in addition to the review under this subsection
.
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