AB856,44,218
938.357
(1) (am) 2m. Regardless of whether a hearing is held under subd. 2.,
19a court order is required for any change in placement under this paragraph other
20than a change in placement that is authorized in the dispositional order and to which
21no objection is filed. In a case in which no objection is filed in response to a notice
22under subd. 1. or a notice of a specific placement under s. 938.355 (2) (b) 2., the
23juvenile's placement may be changed 10 days after the notice is sent to the persons
24specified in subd. 1. and to the court, and the court may satisfy the requirement of
1this subdivision by issuing an order approving the change in placement after the
2change in placement is made.
AB856, s. 85
3Section
85. 938.357 (2m) (b) of the statutes is amended to read:
AB856,44,174
938.357
(2m) (b)
Hearing; when required. The court shall hold a hearing prior
5to ordering any change in placement requested or proposed under par. (a) if the
6request states that new information is available that affects the advisability of the
7current placement. A hearing is not required if the requested or proposed change in
8placement does not involve a change in placement of a juvenile placed in the home
9to a placement outside the home, written waivers of objection to the proposed change
10in placement are signed by all parties entitled to receive notice under sub. (1) (am)
111., and the court approves. If a hearing is scheduled, the court shall notify the
12juvenile, the parent, guardian, and legal custodian of the juvenile, any foster parent,
13treatment foster parent,
preadoptive parent, or other physical custodian described
14in s. 48.62 (2) of the juvenile, and all parties who are bound by the dispositional order
15at least 3 days prior to the hearing. A copy of the request or proposal for the change
16in placement shall be attached to the notice. If all of the parties consent, the court
17may proceed immediately with the hearing.
AB856, s. 86
18Section
86. 938.357 (2r) of the statutes is amended to read:
AB856,45,719
938.357
(2r) Removal from foster home or physical custodian. If a hearing
20is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove
21a juvenile from a foster home, treatment foster home,
the home of a preadoptive
22parent, or other placement with a physical custodian described in s. 48.62 (2), the
23court shall give the foster parent, treatment foster parent,
preadoptive parent, or
24other physical custodian
an opportunity a right to be heard at the hearing by
25permitting the foster parent, treatment foster parent,
preadoptive parent, or other
1physical custodian to make a written or oral statement during the hearing or to
2submit a written statement prior to the hearing relating to the juvenile and the
3requested change in placement. A foster parent, treatment foster parent,
4preadoptive parent, or other physical custodian who receives notice of a hearing
5under sub. (1) (am) 1. or (2m) (b) and
an opportunity
a right to be heard under this
6subsection does not become a party to the proceeding on which the hearing is held
7solely on the basis of receiving that notice and
opportunity right to be heard.
AB856,45,1610
938.357
(2v) (a) 1m. If the change in placement order changes the placement
11of a juvenile
who is under the supervision of the county department to a placement
12outside the juvenile's home, whether from a placement in the home or from another
13placement outside the home, an order ordering the juvenile into, or to be continued
14in, the placement and care responsibility of the county department as required under
1542 USC 672 (a) (2) and assigning the county department primary responsibility, or
16continued primary responsibility, for providing services to the juvenile.
AB856, s. 88
17Section
88. 938.357 (2v) (c) 1. of the statutes is renumbered 938.357 (2v) (c)
18and amended to read:
AB856,45,2419
938.357
(2v) (c) If the court finds under par. (a) 3. that any of the circumstances
20under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold
21a hearing
under s. 938.38 (4m) within 30 days after the date of that finding to
22determine the permanency plan for the juvenile.
If a hearing is held under this
23paragraph, the agency responsible for preparing the permanency plan shall file the
24permanency plan with the court at least 5 days before the date of the hearing.
AB856, s. 89
25Section
89. 938.357 (2v) (c) 2. of the statutes is repealed.
AB856, s. 90
1Section
90. 938.357 (2v) (c) 3. of the statutes is repealed.
AB856, s. 91
2Section
91. 938.363 (1) (b) of the statutes is amended to read:
AB856,46,133
938.363
(1) (b) If a hearing is held,
at least 3 days prior to the hearing the court
4shall notify the juvenile, the juvenile's parent, guardian, and legal custodian, all
5parties bound by the dispositional order, the juvenile's foster parent, treatment
6foster parent,
preadoptive parent, or other physical custodian described in s. 48.62
7(2), and the district attorney or corporation counsel in the county in which the
8dispositional order was entered
at least 3 days prior to the hearing. A copy of the
9request or proposal shall be attached to the notice. If all parties consent, the court
10may proceed immediately with the hearing. No revision may extend the effective
11period of the original order, or revise an original order under s. 938.34 (3) (f) or (6)
12(am) to impose more than a total of 30 days of detention, nonsecure custody, or
13inpatient treatment on a juvenile.
AB856, s. 92
14Section
92. 938.363 (1m) of the statutes is amended to read:
AB856,47,215
938.363
(1m) Evidence and statements. If a hearing is held under sub. (1) (a),
16any party may present evidence relevant to the issue of revision of the dispositional
17order. In addition, the court shall give a foster parent, treatment foster parent,
18preadoptive parent, or other physical custodian described in s. 48.62 (2) of the
19juvenile
an opportunity a right to be heard at the hearing by permitting the foster
20parent, treatment foster parent,
preadoptive parent, or other physical custodian to
21make a written or oral statement during the hearing, or to submit a written
22statement prior to the hearing, relevant to the issue of revision. A foster parent,
23treatment foster parent,
preadoptive parent, or other physical custodian who
24receives notice of a hearing under sub. (1) (a) and
an opportunity a right to be heard
1under this subsection does not become a party to the proceeding on which the hearing
2is held solely on the basis of receiving that notice and
opportunity right to be heard.
AB856, s. 93
3Section
93. 938.365 (2) of the statutes is amended to read:
AB856,47,104
938.365
(2) Notice. No order may be extended without a hearing. The court
5shall notify the juvenile
or the juvenile's guardian ad litem or counsel, the juvenile's
6parent, guardian, legal custodian, all
of the parties present at the original hearing,
7the juvenile's foster parent, treatment foster parent
, preadoptive parent, or other
8physical custodian described in s. 48.62 (2), and the district attorney or corporation
9counsel in the county in which the dispositional order was entered of the time and
10place of the hearing.
AB856, s. 94
11Section
94. 938.365 (2m) (ad) 1. of the statutes is renumbered 938.365 (2m)
12(ad) and amended to read:
AB856,47,1813
938.365
(2m) (ad) If the court finds that any of the circumstances under s.
14938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
15under s. 938.38 (4m) within 30 days after the date of that finding to determine the
16permanency plan for the juvenile.
If a hearing is held under this subdivision, the
17agency responsible for preparing the permanency plan shall file the permanency
18plan with the court not less than 5 days before the date of the hearing.
AB856, s. 95
19Section
95. 938.365 (2m) (ad) 2. of the statutes is repealed.
AB856, s. 96
20Section
96. 938.365 (2m) (ag) of the statutes is amended to read:
AB856,48,621
938.365
(2m) (ag) The court shall give a foster parent, treatment foster parent,
22preadoptive parent, or other physical custodian described in s. 48.62 (2) who is
23notified of a hearing under
par. (ad) 2. or sub. (2)
an opportunity a right to be heard
24at the hearing by permitting the foster parent, treatment foster parent,
preadoptive
25parent, or other physical custodian to make a written or oral statement during the
1hearing, or to submit a written statement prior to the hearing, relevant to the issue
2of extension. A foster parent, treatment foster parent,
preadoptive parent, or other
3physical custodian who receives notice of a hearing under
par. (ad) 2. or sub. (2) and
4an opportunity a right to be heard under this paragraph does not become a party to
5the proceeding on which the hearing is held solely on the basis of receiving that notice
6and
opportunity right to be heard.
AB856,48,179
938.38
(2) Permanency plan required. (intro.) Except as provided in sub. (3),
10for each juvenile living in a foster home, treatment foster home, group home,
11residential care center for children and youth, juvenile detention facility, or shelter
12care facility
or in the home of a preadoptive parent, the agency that placed the
13juvenile or arranged the placement or the agency assigned primary responsibility for
14providing services to the juvenile under s. 938.355 (2) (b) 6g. shall prepare a written
15permanency plan, if any of the following conditions exists, and, for each juvenile
16living in the home of a relative other than a parent, that agency shall prepare a
17written permanency plan, if any of the conditions under pars. (a) to (e) exists:
AB856, s. 98
18Section
98. 938.38 (3) (intro.) of the statutes is amended to read:
AB856,48,2219
938.38
(3) Time. (intro.) Subject to
s. 938.355 (2d) (c) 1. sub. (4m) (a), the agency
20shall file the permanency plan with the court within 60 days after the date on which
21the juvenile was first removed from his or her home, except under either of the
22following conditions:
AB856, s. 99
23Section
99. 938.38 (4) (f) (intro.) of the statutes is amended to read:
AB856,49,424
938.38
(4) (f) (intro.) A description of the services that will be provided to the
25juvenile, the juvenile's family, and the juvenile's foster parent, the juvenile's
1treatment foster parent,
the juvenile's preadoptive parent, the operator of the facility
2where in which the juvenile is living, or the relative with whom the juvenile is living
3to carry out the dispositional order, including services planned to accomplish all of
4the following:
AB856, s. 100
5Section
100. 938.38 (4) (fm) of the statutes is amended to read:
AB856,49,186
938.38
(4) (fm) If the goal of the permanency plan is to place the juvenile for
7adoption, with a guardian, with a fit and willing relative, or in some other alternative
8permanent placement, the efforts made to achieve that goal.
Those efforts shall
9include efforts to place the juvenile in a safe and appropriate placement outside this
10state if the agency determines that such a placement would be in the best interests
11of the juvenile and appropriate to achieving the goal of the juvenile's permanency
12plan. If the agency determines not to place the juvenile in an available placement
13outside this state, the permanency plan shall include a statement as to why that
14placement is not in the best interests of the juvenile or not appropriate to achieving
15the goal of the juvenile's permanency plan. If the juvenile is placed in a placement
16outside this state, the permanency plan shall include a statement as to whether that
17placement continues to be in the best interests of the juvenile and appropriate to
18achieving the goal of the juvenile's permanency plan.
AB856, s. 101
19Section
101. 938.38 (4) (h) (intro.) of the statutes is amended to read:
AB856,49,2320
938.38
(4) (h) (intro.) If the juvenile is 15 years of age or older,
a description of 21an independent living plan describing the programs and services that are or will be
22provided to assist the juvenile in preparing for the transition from out-of-home care
23to independent living. The
description plan shall include all of the following:
AB856, s. 102
24Section
102. 938.38 (4) (i) of the statutes is created to read:
AB856,50,8
1938.38
(4) (i) A statement as to whether the juvenile's age and developmental
2level are sufficient for the court to consult with the juvenile at the permanency plan
3determination hearing under sub. (4m) (c) or at the permanency plan hearing under
4sub. (5m) (c) 2. or for the court or panel to consult with the juvenile at the permanency
5plan review under sub. (5) (bm) 2. and, if a decision is made that it would not be age
6appropriate or developmentally appropriate for the court to consult with the
7juvenile, a statement as to why consultation with the juvenile would not be
8appropriate.
AB856, s. 103
9Section
103. 938.38 (4m) of the statutes is created to read:
AB856,50,2010
938.38
(4m) Reasonable efforts not required; permanency plan
11determination hearing. (a) If in a proceeding under s. 938.21, 938.355, 938.357, or
12938.365 the court finds that any of the circumstances specified in s. 938.355 (2d) (b)
131. to 4. applies with respect to a parent, the court shall hold a hearing within 30 days
14after the date of that finding to determine the permanency plan for the juvenile. If
15a hearing is held under this paragraph, the agency responsible for preparing the
16permanency plan shall file the permanency plan with the court not less than 5 days
17before the date of the hearing. At the hearing, the court shall consider placing the
18juvenile in a placement outside this state if the court determines that such a
19placement would be in the best interests of the juvenile and appropriate to achieving
20the goal of the juvenile's permanency plan.
AB856,51,221
(b) At least 10 days before the date of the hearing the court shall notify the
22juvenile; the juvenile's parent, guardian, and legal custodian; and the juvenile's
23foster parent, treatment foster parent, or preadoptive parent, the operator of the
24facility in which the juvenile is living, or the relative with whom the juvenile is living
1of the time, place, and purpose of the hearing, of the issues to be determined at the
2hearing, and of the fact that they shall have a right to be heard at the hearing.
AB856,51,183
(c) If the juvenile's permanency plan includes an independent living plan under
4sub. (4) (h) or a statement under sub. (4) (i) indicating that the juvenile's age and
5developmental level are sufficient for the court to consult with the juvenile regarding
6the juvenile's permanency plan or if, notwithstanding a decision under sub. (4) (i)
7that it would not be appropriate for the court to consult with the juvenile, the court
8determines that consultation with the juvenile would be in the best interests of the
9juvenile, the court shall consult with the juvenile, in an age-appropriate and
10developmentally appropriate manner, regarding the juvenile's permanency plan and
11any other matters the court finds appropriate by permitting the juvenile, the
12juvenile's caseworker, the juvenile's counsel, or, subject to s. 938.235 (3) (a), the
13juvenile's guardian ad litem to make a written or oral statement during the hearing,
14or to submit a written statement prior to the hearing, expressing the juvenile's
15wishes, goals, and concerns regarding the permanency plan and those matters. A
16caseworker, counsel, or guardian ad litem who makes or submits a statement under
17this paragraph shall advise the court that the statement represents the wishes,
18goals, and concerns, but not necessarily the best interests, of the juvenile.
AB856,52,219
(d) The court shall give a foster parent, treatment foster parent, preadoptive
20parent, operator of a facility, or relative who is notified of a hearing under par. (b) a
21right to be heard at the hearing by permitting the foster parent, treatment foster
22parent, preadoptive parent, operator, or relative to make a written or oral statement
23during the hearing, or to submit a written statement prior to the hearing, relevant
24to the issues to be determined at the hearing. The foster parent, treatment foster
25parent, preadoptive parent, operator of a facility, or relative does not become a party
1to the proceeding on which the hearing is held solely on the basis of receiving that
2notice and right to be heard.
AB856, s. 104
3Section
104. 938.38 (5) (b) of the statutes is amended to read:
AB856,52,194
938.38
(5) (b) The court or the agency shall notify
the parents of the juvenile
,
5the juvenile, if he or she is 10 years of age or older, and; the juvenile's parent,
6guardian, and legal custodian; and the juvenile's foster parent,
the juvenile's 7treatment foster parent,
or preadoptive parent, the operator of the facility in which
8the juvenile is living, or the relative with whom the juvenile is living of the
date, time,
9and place
, and purpose of the review, of the issues to be determined as part of the
10review, and of the fact that they
may have an opportunity shall have a right to be
11heard at the review
by submitting written comments not less than 10 working days
12before the review or by participating at the review as provided in par. (bm) 1. The
13court or agency shall notify the person representing the interests of the public, the
14juvenile's counsel, and the juvenile's guardian ad litem of the
date time, place, and
15purpose of the review, of the issues to be determined as part of the review, and of the
16fact that they may
submit written comments not less than 10 working days before
17the review have an opportunity to be heard at the review as provided in par. (bm) 1.
18The notices under this paragraph shall be provided in writing not less than 30 days
19before the review and copies of the notices shall be filed in the juvenile's case record.
AB856, s. 105
20Section
105. 938.38 (5) (bm) of the statutes is created to read:
AB856,53,821
938.38
(5) (bm) 1. A juvenile, parent, guardian, legal custodian, foster parent,
22treatment foster parent, preadoptive parent, operator of a facility, or relative who is
23provided notice of the review under par. (b) shall have a right to be heard at the
24review by submitting written comments relevant to the determinations specified in
25par. (c) not less than 10 working days before the date of the review or by participating
1at the review. A person representing the interests of the public, counsel, or guardian
2ad litem who is provided notice of the review under par. (b) may have an opportunity
3to be heard at the review by submitting written comments relevant to the
4determinations specified in par. (c) not less than 10 working days before the date of
5the review. A foster parent, treatment foster parent, preadoptive parent, operator
6of a facility, or relative who receives notice of a hearing under par. (b) and a right to
7be heard under this subdivision does not become a party to the proceeding on which
8the review is held solely on the basis of receiving that notice and right to be heard.
AB856,53,259
2. If the juvenile's permanency plan includes an independent living plan under
10sub. (4) (h) or a statement under sub. (4) (i) indicating that the juvenile's age and
11developmental level are sufficient for the court or panel to consult with the juvenile
12regarding the juvenile's permanency plan or if, notwithstanding a decision under
13sub. (4) (i) that it would not be appropriate for the court or panel to consult with the
14juvenile, the court or panel determines that consultation with the juvenile would be
15in the best interests of the juvenile, the court or panel shall consult with the juvenile,
16in an age-appropriate and developmentally appropriate manner, regarding the
17juvenile's permanency plan and any other matters the court or panel finds
18appropriate by permitting the juvenile, the juvenile's caseworker, the juvenile's
19counsel, or, subject to s. 938.235 (3) (a), the juvenile's guardian ad litem to make a
20written or oral statement during the review, or to submit a written statement prior
21to the review, expressing the juvenile's wishes, goals, and concerns regarding the
22permanency plan and those matters. A caseworker, counsel, or guardian ad litem
23who makes or submits a statement under this subdivision shall advise the court or
24panel that the statement represents the wishes, goals, and concerns, but not
25necessarily the best interests, of the juvenile.
AB856, s. 106
1Section
106. 938.38 (5) (c) 7. of the statutes is amended to read:
AB856,54,142
938.38
(5) (c) 7. Whether reasonable efforts were made by the agency to achieve
3the goal of the permanency plan, unless return of the juvenile to the home is the goal
4of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b)
51. to 4. applies.
If the goal of the permanency plan is to place the juvenile for adoption,
6with a guardian, with a fit and willing relative, or in some other alternative
7permanent placement, the reasonable efforts determination under this subdivision
8shall include a determination as to whether reasonable efforts were made by the
9agency to place the juvenile in a safe and appropriate placement outside this state
10that is in the best interests of the juvenile and appropriate to achieving the goal of
11the juvenile's permanency plan. If the juvenile is placed in a placement outside this
12state, that determination shall include a determination as to whether that
13placement continues to be in the best interests of the juvenile and appropriate to
14achieving the goal of the juvenile' s permanency plan.
AB856, s. 107
15Section
107. 938.38 (5) (d) of the statutes is amended to read:
AB856,55,216
938.38
(5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the
17permanency plan shall, at least 5 days before a review by a review panel, provide to
18each person appointed to the review panel, the person representing the interests of
19the public, the juvenile's counsel
, and the juvenile's guardian ad litem a copy of the
20permanency plan and any written comments submitted under par.
(b) (bm) 1.
21Notwithstanding s. 938.78 (2) (a), a person appointed to a review panel, the person
22representing the interests of the public, the juvenile's counsel
, and the juvenile's
23guardian ad litem may have access to any other records concerning the juvenile for
24the purpose of participating in the review. A person permitted access to a juvenile's
1records under this paragraph may not disclose any information from the records to
2any other person.
AB856, s. 108
3Section
108. 938.38 (5) (e) of the statutes is amended to read:
AB856,55,104
938.38
(5) (e) Within 30 days, the agency shall prepare a written summary of
5the determinations under par. (c) and shall provide a copy to the court that entered
6the order, the juvenile or the juvenile's counsel or guardian ad litem, the person
7representing the interests of the public, the juvenile's parent
or, guardian
, and legal
8custodian, and the juvenile's foster parent,
the juvenile's treatment foster parent
or,
9or preadoptive parent, the operator of the facility
where in which the juvenile is
10living
, or the relative with whom the juvenile is living.
AB856, s. 109
11Section
109. 938.38 (5m) (b) of the statutes is amended to read:
AB856,55,2312
938.38
(5m) (b) Not less than 30 days before the date of the hearing, the court
13shall notify the juvenile; the juvenile's parent, guardian, and legal custodian;
and the
14juvenile's foster parent
or, treatment foster parent,
or preadoptive parent, the
15operator of the facility in which the juvenile is living, or the relative with whom the
16juvenile is living
; of the time, place, and purpose of the hearing, of the issues to be
17determined at the hearing, and of the fact that they shall have a right to be heard
18at the hearing as provided in par. (c) 1. and shall notify the juvenile's counsel, and
19the juvenile's guardian ad litem; the agency that prepared the permanency plan; and
20the person representing the interests of the public of the
date, time,
and place
, and
21purpose of the hearing
, of the issues to be determined at the hearing, and of the fact
22that they may have an opportunity to be heard at the hearing as provided in par. (c)
231.
AB856, s. 110
24Section
110. 938.38 (5m) (c) of the statutes is renumbered 938.38 (5m) (c) 1.
25and amended to read:
AB856,56,16
1938.38
(5m) (c) 1.
Any person
A juvenile, parent, guardian, legal custodian,
2foster parent, treatment foster parent, preadoptive parent, operator of a facility, or
3relative who is provided notice of the hearing
may have an opportunity under par.
4(b) shall have a right to be heard at the hearing by submitting written comments
5relevant to the determinations specified in sub. (5) (c) not less than 10 working days
6before the date of the hearing or by participating at the hearing.
A counsel, guardian
7ad litem, agency, or person representing the interests of the public who is provided
8notice of the hearing under par. (b) may have an opportunity to be heard at the
9hearing by submitting written comments relevant to the determinations specified in
10sub. (5) (c) not less than 10 working days before the date of the hearing or by
11participating at the hearing. A foster parent, treatment foster parent,
preadoptive
12parent, operator of a facility
in which a juvenile is living, or relative
with whom a
13juvenile is living who receives notice of a hearing under par. (b) and
an opportunity 14a right to be heard under this
paragraph subdivision does not become a party to the
15proceeding on which the hearing is held solely on the basis of receiving that notice
16and
opportunity right to be heard.
AB856, s. 111
17Section
111. 938.38 (5m) (c) 2. of the statutes is created to read:
AB856,57,918
938.38
(5m) (c) 2. If the juvenile's permanency plan includes an independent
19living plan under sub. (4) (h) or a statement under sub. (4) (i) indicating that the
20juvenile's age and developmental level are sufficient for the court to consult with the
21juvenile regarding the juvenile's permanency plan or if, notwithstanding a decision
22under sub. (4) (i) that it would not be appropriate for the court to consult with the
23juvenile, the court determines that consultation with the juvenile would be in the
24best interests of the juvenile, the court shall consult with the juvenile, in an
25age-appropriate and developmentally appropriate manner, regarding the juvenile's
1permanency plan and any other matters the court finds appropriate by permitting
2the juvenile, the juvenile's caseworker, the juvenile's counsel, or, subject to s. 938.235
3(3) (a), the juvenile's guardian ad litem to make a written or oral statement during
4the hearing, or to submit a written statement prior to the hearing, expressing the
5juvenile's wishes, goals, and concerns regarding the permanency plan and those
6matters. A caseworker, counsel, or guardian ad litem who makes or submits a
7statement under this subdivision shall advise the court that the statement
8represents the wishes, goals, and concerns, but not necessarily the best interests, of
9the juvenile.
AB856, s. 112
10Section
112. 938.38 (5m) (d) of the statutes is amended to read:
AB856,57,2011
938.38
(5m) (d) At least 5 days before the date of the hearing the agency that
12prepared the permanency plan shall provide a copy of the permanency plan and any
13written comments submitted under par. (c)
1. to the court, to the juvenile's parent,
14guardian, and legal custodian, to the person representing the interests of the public,
15and to the juvenile's counsel or guardian ad litem. Notwithstanding s. 938.78 (2) (a),
16the person representing the interests of the public and the juvenile's counsel or
17guardian ad litem may have access to any other records concerning the juvenile for
18the purpose of participating in the review. A person permitted access to a juvenile's
19records under this paragraph may not disclose any information from the records to
20any other person.
AB856, s. 113
21Section
113. 938.38 (5m) (e) of the statutes is amended to read:
AB856,58,1222
938.38
(5m) (e) After the hearing, the court shall make written findings of fact
23and conclusions of law relating to the determinations under sub. (5) (c) and shall
24provide a copy of those findings of fact and conclusions of law to the juvenile; the
25juvenile's parent, guardian, and legal custodian; the juvenile's foster parent
or,
1treatment foster parent,
or preadoptive parent, the operator of the facility in which
2the juvenile is living, or the relative with whom the juvenile is living; the agency that
3prepared the permanency plan; and the person representing the interests of the
4public. The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case
5basis based on circumstances specific to the juvenile and shall document or reference
6the specific information on which those findings are based in the findings of fact and
7conclusions of law prepared under this paragraph. Findings of fact and conclusions
8of law that merely reference sub. (5) (c) 7. without documenting or referencing that
9specific information in the findings of fact and conclusions of law or amended
10findings of fact and conclusions of law that retroactively correct earlier findings of
11fact and conclusions of law that do not comply with this paragraph are not sufficient
12to comply with this paragraph.
AB856, s. 114
13Section
114. 938.9995 of the statutes is created to read:
AB856,58,16
14938.9995 Expediting interstate placements of juveniles. The courts of
15this state shall do all of the following to expedite the interstate placement of
16juveniles:
AB856,58,18
17(1) Subject to ss. 48.396 (2) and 938.396 (2), cooperate with the courts of other
18states in the sharing of information.
AB856,58,21
19(2) To the greatest extent possible, obtain information and testimony from
20agencies and parties located in other states without requiring interstate travel by
21those agencies and parties.
AB856,58,25
22(3) Permit parents, juveniles, other necessary parties, attorneys, and
23guardians ad litem in proceedings involving the interstate placement of a juvenile
24to participate in those proceedings without requiring interstate travel by those
25persons.
AB856,59,22
(1)
Consultation with child and out-of-state placements.
AB856,59,63
(a)
Permanency plan contents. The treatment of sections 48.38 (2) (intro.) and
4(4) (f) (intro.), (fm), (h) (intro.) and (i) and 938.38 (2) (intro.) and (4) (f) (intro.), (fm),
5(h) (intro.) and (i) of the statutes first applies to permanency plans filed on the
6effective date of this paragraph.
AB856,59,117
(b)
Permanency plan hearings and reviews. The treatment of sections 48.38
8(4m) (a) and (c) and (5) (bm) 2. and (c) 7. and 938.38 (4m) (a) and (c) and (5) (bm) 2.
9and (c) 7. of the statutes and the creation of sections 48.38 (5m) (c) 2., 48.43 (5) (b)
102., and 938.38 (5m) (c) 2. of the statutes first apply to hearings and reviews for which
11a permanency plan is filed or provided on the effective date of this paragraph.
AB856,59,2112
(2)
Right to be heard. The treatment of sections 48.02 (14j), 48.27 (3) (a) 1.,
131m., and 2. and (6), 48.299 (1) (ag), 48.357 (1) (am) 1., (2m) (b), and (2r), 48.363 (1)
14(b) and (1m), 48.365 (2) and (2m) (ag), 48.38 (4m) (b) and (d), (5) (b) and (bm) 1., and
15(5m) (b) and (e), 48.42 (2g) (am), 48.427 (1m), 48.63 (5) (d) 4., 767.41 (3) (c), 938.02
16(14j), 938.27 (3) (a) 1., 1m., and 2. and (6), 938.299 (1) (ag), 938.357 (1) (am) 1., (2m)
17(b), and (2r), 938.363 (1) (b) and (1m), 938.365 (2) and (2m) (ag), 938.38 (4m) (b) and
18(d), (5) (b) and (bm) 1., and (5m) (b) and (e) of the statutes, the renumbering and
19amendment of sections 48.38 (5m) (c), 48.43 (5) (b), and 938.38 (5m) (c) of the statutes,
20and the creation of section 48.43 (5) (b) 3. of the statutes first apply to hearings for
21which notice is provided on the effective date of this subsection.
AB856,59,2522
(3)
Testing infants for controlled substances. The treatment of sections
2346.238 and 146.0255 (2) and (3) (b) of the statutes first applies to tests for controlled
24substances or controlled substance analogs performed on the effective date of this
25subsection.
AB856,60,3
1(4)
Change-in-placement orders. The treatment of sections 48.357 (1) (am) 2.
2and 2m. and 938.357 (1) (am) 2. and 2m. of the statutes first applies to changes in
3placement proposed on the effective date of this subsection.
AB856,60,84
(5)
Orders placing child outside home. The treatment of sections 48.21 (5) (b)
51. d., 48.32 (1) (b) 1. d., 48.355 (2) (b) 6g., 48.357 (2v) (a) 1m., 938.21 (5) (b) 1. d., 938.32
6(1) (c) 1. d., 938.355 (2) (b) 6g., (6) (d) 1., and (6m) (a) 1g., and 938.357 (2v) (a) 1m. of
7the statutes first applies to court orders granted on the effective date of this
8subsection.