AB856: Bill Text

AB856, s. 100 Section 100. 938.38 (4) (fm) of the statutes is amended to read:

AB856,49,18 938.38 (4) (fm) If the goal of the permanency plan is to place the juvenile for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement, the efforts made to achieve that goal. Those efforts shall include efforts to place the juvenile in a safe and appropriate placement outside this state if the agency determines that such a placement would be in the best interests of the juvenile and appropriate to achieving the goal of the juvenile's permanency plan. If the agency determines not to place the juvenile in an available placement outside this state, the permanency plan shall include a statement as to why that placement is not in the best interests of the juvenile or not appropriate to achieving the goal of the juvenile's permanency plan. If the juvenile is placed in a placement outside this state, the permanency plan shall include a statement as to whether that placement continues to be in the best interests of the juvenile and appropriate to achieving the goal of the juvenile's permanency plan.

AB856, s. 101 Section 101. 938.38 (4) (h) (intro.) of the statutes is amended to read:

AB856,49,23 938.38 (4) (h) (intro.) If the juvenile is 15 years of age or older, a description of an independent living plan describing the programs and services that are or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living. The description plan shall include all of the following:

AB856, s. 102 Section 102. 938.38 (4) (i) of the statutes is created to read:

AB856,50,8 938.38 (4) (i) A statement as to whether the juvenile's age and developmental level are sufficient for the court to consult with the juvenile at the permanency plan determination hearing under sub. (4m) (c) or at the permanency plan hearing under sub. (5m) (c) 2. or for the court or panel to consult with the juvenile at the permanency plan review under sub. (5) (bm) 2. and, if a decision is made that it would not be age appropriate or developmentally appropriate for the court to consult with the juvenile, a statement as to why consultation with the juvenile would not be appropriate.

AB856, s. 103 Section 103. 938.38 (4m) of the statutes is created to read:

AB856,50,20 938.38 (4m) Reasonable efforts not required; permanency plan determination hearing. (a) If in a proceeding under s. 938.21, 938.355, 938.357, or 938.365 the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing. At the hearing, the court shall consider placing the juvenile in a placement outside this state if the court determines that such a placement would be in the best interests of the juvenile and appropriate to achieving the goal of the juvenile's permanency plan.

AB856,51,2 (b) At least 10 days before the date of the hearing the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; and the juvenile's foster parent, treatment foster parent, or preadoptive parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing.

AB856,51,18 (c) If the juvenile's permanency plan includes an independent living plan under sub. (4) (h) or a statement under sub. (4) (i) indicating that the juvenile's age and developmental level are sufficient for the court to consult with the juvenile regarding the juvenile's permanency plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court to consult with the juvenile, the court determines that consultation with the juvenile would be in the best interests of the juvenile, the court shall consult with the juvenile, in an age-appropriate and developmentally appropriate manner, regarding the juvenile's permanency plan and any other matters the court finds appropriate by permitting the juvenile, the juvenile's caseworker, the juvenile's counsel, or, subject to s. 938.235 (3) (a), the juvenile's guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the juvenile's wishes, goals, and concerns regarding the permanency plan and those matters. A caseworker, counsel, or guardian ad litem who makes or submits a statement under this paragraph shall advise the court that the statement represents the wishes, goals, and concerns, but not necessarily the best interests, of the juvenile.

AB856,52,2 (d) The court shall give a foster parent, treatment foster parent, preadoptive parent, operator of a facility, or relative who is notified of a hearing under par. (b) a right to be heard at the hearing by permitting the foster parent, treatment foster parent, preadoptive parent, operator, or relative to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, treatment foster parent, preadoptive parent, operator of a facility, or relative does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

AB856, s. 104 Section 104. 938.38 (5) (b) of the statutes is amended to read:

AB856,52,19 938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile, if he or she is 10 years of age or older, and; the juvenile's parent, guardian, and legal custodian; and the juvenile's foster parent, the juvenile's treatment foster parent, or preadoptive parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living of the date, time, and place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity shall have a right to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review as provided in par. (bm) 1. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel, and the juvenile's guardian ad litem of the date time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review have an opportunity to be heard at the review as provided in par. (bm) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.

AB856, s. 105 Section 105. 938.38 (5) (bm) of the statutes is created to read:

AB856,53,8 938.38 (5) (bm) 1. A juvenile, parent, guardian, legal custodian, foster parent, treatment foster parent, preadoptive parent, operator of a facility, or relative who is provided notice of the review under par. (b) shall have a right to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review or by participating at the review. A person representing the interests of the public, counsel, or guardian ad litem who is provided notice of the review under par. (b) may have an opportunity to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review. A foster parent, treatment foster parent, preadoptive parent, operator of a facility, or relative who receives notice of a hearing under par. (b) and a right to be heard under this subdivision does not become a party to the proceeding on which the review is held solely on the basis of receiving that notice and right to be heard.

AB856,53,25 2. If the juvenile's permanency plan includes an independent living plan under sub. (4) (h) or a statement under sub. (4) (i) indicating that the juvenile's age and developmental level are sufficient for the court or panel to consult with the juvenile regarding the juvenile's permanency plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court or panel to consult with the juvenile, the court or panel determines that consultation with the juvenile would be in the best interests of the juvenile, the court or panel shall consult with the juvenile, in an age-appropriate and developmentally appropriate manner, regarding the juvenile's permanency plan and any other matters the court or panel finds appropriate by permitting the juvenile, the juvenile's caseworker, the juvenile's counsel, or, subject to s. 938.235 (3) (a), the juvenile's guardian ad litem to make a written or oral statement during the review, or to submit a written statement prior to the review, expressing the juvenile's wishes, goals, and concerns regarding the permanency plan and those matters. A caseworker, counsel, or guardian ad litem who makes or submits a statement under this subdivision shall advise the court or panel that the statement represents the wishes, goals, and concerns, but not necessarily the best interests, of the juvenile.

AB856, s. 106 Section 106. 938.38 (5) (c) 7. of the statutes is amended to read:

AB856,54,14 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies. If the goal of the permanency plan is to place the juvenile for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement, the reasonable efforts determination under this subdivision shall include a determination as to whether reasonable efforts were made by the agency to place the juvenile in a safe and appropriate placement outside this state that is in the best interests of the juvenile and appropriate to achieving the goal of the juvenile's permanency plan. If the juvenile is placed in a placement outside this state, that determination shall include a determination as to whether that placement continues to be in the best interests of the juvenile and appropriate to achieving the goal of the juvenile' s permanency plan.

AB856, s. 107 Section 107. 938.38 (5) (d) of the statutes is amended to read:

AB856,55,2 938.38 (5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the person representing the interests of the public, the juvenile's counsel, and the juvenile's guardian ad litem a copy of the permanency plan and any written comments submitted under par. (b) (bm) 1. Notwithstanding s. 938.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the juvenile's counsel, and the juvenile's guardian ad litem may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

AB856, s. 108 Section 108. 938.38 (5) (e) of the statutes is amended to read:

AB856,55,10 938.38 (5) (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order, the juvenile or the juvenile's counsel or guardian ad litem, the person representing the interests of the public, the juvenile's parent or, guardian, and legal custodian, and the juvenile's foster parent, the juvenile's treatment foster parent or, or preadoptive parent, the operator of the facility where in which the juvenile is living, or the relative with whom the juvenile is living.

AB856, s. 109 Section 109. 938.38 (5m) (b) of the statutes is amended to read:

AB856,55,23 938.38 (5m) (b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; and the juvenile's foster parent or, treatment foster parent, or preadoptive parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the permanency plan; and the person representing the interests of the public of the date, time, and place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par. (c) 1.

AB856, s. 110 Section 110. 938.38 (5m) (c) of the statutes is renumbered 938.38 (5m) (c) 1. and amended to read:

AB856,56,16 938.38 (5m) (c) 1. Any person A juvenile, parent, guardian, legal custodian, foster parent, treatment foster parent, preadoptive parent, operator of a facility, or relative who is provided notice of the hearing may have an opportunity under par. (b) shall have a right to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A counsel, guardian ad litem, agency, or person representing the interests of the public who is provided notice of the hearing under par. (b) may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, treatment foster parent, preadoptive parent, operator of a facility in which a juvenile is living, or relative with whom a juvenile is living who receives notice of a hearing under par. (b) and an opportunity a right to be heard under this paragraph subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity right to be heard.

AB856, s. 111 Section 111. 938.38 (5m) (c) 2. of the statutes is created to read:

AB856,57,9 938.38 (5m) (c) 2. If the juvenile's permanency plan includes an independent living plan under sub. (4) (h) or a statement under sub. (4) (i) indicating that the juvenile's age and developmental level are sufficient for the court to consult with the juvenile regarding the juvenile's permanency plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court to consult with the juvenile, the court determines that consultation with the juvenile would be in the best interests of the juvenile, the court shall consult with the juvenile, in an age-appropriate and developmentally appropriate manner, regarding the juvenile's permanency plan and any other matters the court finds appropriate by permitting the juvenile, the juvenile's caseworker, the juvenile's counsel, or, subject to s. 938.235 (3) (a), the juvenile's guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the juvenile's wishes, goals, and concerns regarding the permanency plan and those matters. A caseworker, counsel, or guardian ad litem who makes or submits a statement under this subdivision shall advise the court that the statement represents the wishes, goals, and concerns, but not necessarily the best interests, of the juvenile.

AB856, s. 112 Section 112. 938.38 (5m) (d) of the statutes is amended to read:

AB856,57,20 938.38 (5m) (d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under par. (c) 1. to the court, to the juvenile's parent, guardian, and legal custodian, to the person representing the interests of the public, and to the juvenile's counsel or guardian ad litem. Notwithstanding s. 938.78 (2) (a), the person representing the interests of the public and the juvenile's counsel or guardian ad litem may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

AB856, s. 113 Section 113. 938.38 (5m) (e) of the statutes is amended to read:

AB856,58,12 938.38 (5m) (e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or, treatment foster parent, or preadoptive parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the agency that prepared the permanency plan; and the person representing the interests of the public. The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.

AB856, s. 114 Section 114. 938.9995 of the statutes is created to read:

AB856,58,16 938.9995 Expediting interstate placements of juveniles. The courts of this state shall do all of the following to expedite the interstate placement of juveniles:

AB856,58,18 (1) Subject to ss. 48.396 (2) and 938.396 (2), cooperate with the courts of other states in the sharing of information.

AB856,58,21 (2) To the greatest extent possible, obtain information and testimony from agencies and parties located in other states without requiring interstate travel by those agencies and parties.

AB856,58,25 (3) Permit parents, juveniles, other necessary parties, attorneys, and guardians ad litem in proceedings involving the interstate placement of a juvenile to participate in those proceedings without requiring interstate travel by those persons.

AB856, s. 115 Section 115. Initial applicability.

AB856,59,2 (1) Consultation with child and out-of-state placements.

AB856,59,6 (a) Permanency plan contents. The treatment of sections 48.38 (2) (intro.) and (4) (f) (intro.), (fm), (h) (intro.) and (i) and 938.38 (2) (intro.) and (4) (f) (intro.), (fm), (h) (intro.) and (i) of the statutes first applies to permanency plans filed on the effective date of this paragraph.

AB856,59,11 (b) Permanency plan hearings and reviews. The treatment of sections 48.38 (4m) (a) and (c) and (5) (bm) 2. and (c) 7. and 938.38 (4m) (a) and (c) and (5) (bm) 2. and (c) 7. of the statutes and the creation of sections 48.38 (5m) (c) 2., 48.43 (5) (b) 2., and 938.38 (5m) (c) 2. of the statutes first apply to hearings and reviews for which a permanency plan is filed or provided on the effective date of this paragraph.

AB856,59,21 (2) Right to be heard. The treatment of sections 48.02 (14j), 48.27 (3) (a) 1., 1m., and 2. and (6), 48.299 (1) (ag), 48.357 (1) (am) 1., (2m) (b), and (2r), 48.363 (1) (b) and (1m), 48.365 (2) and (2m) (ag), 48.38 (4m) (b) and (d), (5) (b) and (bm) 1., and (5m) (b) and (e), 48.42 (2g) (am), 48.427 (1m), 48.63 (5) (d) 4., 767.41 (3) (c), 938.02 (14j), 938.27 (3) (a) 1., 1m., and 2. and (6), 938.299 (1) (ag), 938.357 (1) (am) 1., (2m) (b), and (2r), 938.363 (1) (b) and (1m), 938.365 (2) and (2m) (ag), 938.38 (4m) (b) and (d), (5) (b) and (bm) 1., and (5m) (b) and (e) of the statutes, the renumbering and amendment of sections 48.38 (5m) (c), 48.43 (5) (b), and 938.38 (5m) (c) of the statutes, and the creation of section 48.43 (5) (b) 3. of the statutes first apply to hearings for which notice is provided on the effective date of this subsection.

AB856,59,25 (3) Testing infants for controlled substances. The treatment of sections 46.238 and 146.0255 (2) and (3) (b) of the statutes first applies to tests for controlled substances or controlled substance analogs performed on the effective date of this subsection.

AB856,60,3 (4) Change-in-placement orders. The treatment of sections 48.357 (1) (am) 2. and 2m. and 938.357 (1) (am) 2. and 2m. of the statutes first applies to changes in placement proposed on the effective date of this subsection.

AB856,60,8 (5) Orders placing child outside home. The treatment of sections 48.21 (5) (b) 1. 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 (1) (c) 1. d., 938.355 (2) (b) 6g., (6) (d) 1., and (6m) (a) 1g., and 938.357 (2v) (a) 1m. of the statutes first applies to court orders granted on the effective date of this subsection.

AB856,60,9 (End)