AB856: Bill Text

AB856,31,22 48.427 (1m) In addition to any evidence presented under sub. (1), the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child an opportunity a right to be heard at the dispositional hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the dispositional hearing, or to submit a written statement prior to disposition, relevant to the issue of disposition. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and an opportunity a right to be heard under this subsection 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. 53 Section 53. 48.43 (5) (b) of the statutes is renumbered 48.43 (5) (b) 1. and amended to read:

AB856,32,8 48.43 (5) (b) 1. The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (a). At least 10 days before the date of the hearing, the court shall provide notice of the time, date place, and purpose of the hearing to the agency that prepared the report, the child's guardian, the child, if he or she is 12 years of age or over, and the child's foster parent, treatment foster parent, other physical custodian described in s. 48.62 (2) or preadoptive parent, the operator of the facility in which the child is living or the relative with whom the child is living.

AB856, s. 54 Section 54. 48.43 (5) (b) 2. of the statutes is created to read:

AB856,32,25 48.43 (5) (b) 2. If the child's permanency plan includes an independent living plan under s. 48.38 (4) (h) or a statement under s. 48.38 (4) (i) indicating that the child's age and developmental level are sufficient for the court to consult with the child regarding the child's permanency plan or if, notwithstanding a decision under s. 48.38 (4) (i) that it would not be appropriate for the court to consult with the child, the court determines that consultation with the child would be in the best interests of the child, the court shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child's permanency plan and any other matters the court finds appropriate by permitting the child, the child's caseworker, the child's counsel, or, subject to s. 48.235 (3) (a), the child'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 child'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 child.

AB856, s. 55 Section 55. 48.43 (5) (b) 3. of the statutes is created to read:

AB856,33,10 48.43 (5) (b) 3. 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 subd. 1. 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. 56 Section 56. 48.43 (5m) of the statutes is amended to read:

AB856,33,16 48.43 (5m) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over, and to the child's foster parent, the child's treatment foster parent or, or preadoptive parent, the operator of the facility in which the child is living, or the relative with whom the child is living.

AB856, s. 57 Section 57. 48.63 (5) (d) 4. of the statutes is amended to read:

AB856,34,2 48.63 (5) (d) 4. Not less than 10 days before the review, the agency that placed the child or that arranged the placement of the child shall provide a copy of the revised permanency plan or plans and the request for review submitted under subd. 3. and notice of the time and place of the review to the child, the parent, guardian, and legal custodian of the child, and the operator of the group home in which the child is placed, together with notice of the issues to be determined as part of the permanency plan review and notice of the fact that those persons may have the opportunity shall have a right to be heard at the review by submitting written comments to that agency or the independent reviewing agency before the review or by participating at the review.

AB856, s. 58 Section 58. 48.999 of the statutes is created to read:

AB856,34,5 48.999 Expediting interstate placements of children. The courts of this state shall do all of the following to expedite the interstate placement of children:

AB856,34,7 (1) Subject to ss. 48.396 (2) and 938.396 (2), cooperate with the courts of other states in the sharing of information.

AB856,34,10 (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.

AB856,34,13 (3) Permit parents, children, other necessary parties, attorneys, and guardians ad litem in proceedings involving the interstate placement of a child to participate in those proceedings without requiring interstate travel by those persons.

AB856, s. 59 Section 59. 146.0255 (2) of the statutes is amended to read:

AB856,35,23 146.0255 (2) Testing. Any hospital employee who provides health care, social worker, or intake worker under ch. 48 may refer an infant or an expectant mother of an unborn child, as defined in s. 48.02 (19), to a physician for testing of the bodily fluids of the infant or expectant mother for controlled substances or controlled substance analogs if the hospital employee who provides health care, social worker, or intake worker suspects that the infant or expectant mother has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother because of the use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child. The physician may test the infant or expectant mother to ascertain whether or not the infant or expectant mother has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother, if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother because of the use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child and that the health of the infant, the unborn child or the child when born may be adversely affected by the controlled substances or controlled substance analogs. If the results of the test indicate that the infant does have controlled substances or controlled substance analogs in the infant's bodily fluids, the physician shall make a report report the occurrence of that condition in the infant to the agency, as defined in s. 48.981 (1) (ag), that is responsible for conducting child abuse and neglect investigations under s. 48.981, and that agency shall offer to provide, or arrange or refer for the provision of, services and treatment for the child and the child's mother as provided under s. 46.238. If the results of the test indicate that the expectant mother does have controlled substances or controlled substance analogs in the expectant mother's bodily fluids, the physician may make a report report the occurrence of that condition in the expectant mother to the agency, as defined in s. 48.981 (1) (ag), that is responsible for conducting unborn child abuse investigations under s. 48.981, and that agency shall offer to provide, or arrange or refer for the provision of, services and treatment for the unborn child and expectant mother as provided under s. 46.238. Under this subsection, no physician may test an expectant mother without first receiving her informed consent to the testing.

AB856, s. 60 Section 60. 146.0255 (3) (b) of the statutes is amended to read:

AB856,36,5 146.0255 (3) (b) A statement of explanation that the test results of an infant must, and that the test results of an expectant mother may, be disclosed to a county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, to the county department under s. 51.42 or 51.437 in accordance with s. 46.238 an agency under sub. (2) if the test results are positive.

AB856, s. 61 Section 61. 757.69 (1) (g) 14. of the statutes is created to read:

AB856,36,8 757.69 (1) (g) 14. Conduct permanency plan reviews under s. 48.38 (5) or 938.38 (5) and permanency plan hearings under s. 48.38 (5m) or 938.38 (5m).

AB856, s. 62 Section 62. 767.41 (3) (c) of the statutes is amended to read:

AB856,36,16 767.41 (3) (c) The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (b). At least 10 days before the date of the hearing, the court shall provide notice of the time, date place, and purpose of the hearing to the agency that prepared the report,; the child; the child's parents, the child, if he or she is 12 years of age or over, and guardian, and legal custodian; and the child's foster parent, treatment foster parent, or preadoptive parent, the operator of the facility in which the child is living, or the relative with whom the child is living.

AB856, s. 63 Section 63. 938.02 (14j) of the statutes is created to read:

AB856,36,20 938.02 (14j) "Preadoptive parent" means a foster parent, treatment foster parent, relative, or other person with whom a juvenile is placed under s. 48.833, 48.835, or 48.837 following a termination of parental rights to the juvenile.

AB856, s. 64 Section 64. 938.21 (5) (b) 1. d. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB856,37,2 938.21 (5) (b) 1. d. If the juvenile is under the supervision of the county department, an An order ordering the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.

AB856, s. 65 Section 65. 938.21 (5) (d) 1. of the statutes is renumbered 938.21 (5) (d) and amended to read:

AB856,37,10 938.21 (5) (d) If 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 under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, 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.

AB856, s. 66 Section 66. 938.21 (5) (d) 2. of the statutes is repealed.

AB856, s. 67 Section 67. 938.21 (5) (d) 3. of the statutes is repealed.

AB856, s. 68 Section 68. 938.27 (3) (a) 1. of the statutes is amended to read:

AB856,38,2 938.27 (3) (a) 1. The court shall notify, under s. 938.273, the juvenile, any parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) of the juvenile, and any person specified in par. (b), if applicable, of all hearings involving the juvenile under this subchapter, except hearings on motions for which notice must be provided only to the juvenile and his or her counsel. If parents entitled to notice have the same place of residence, notice to one constitutes notice to the other. The first notice to any interested party, foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) shall be in writing and may have a copy of the petition attached to it. Notices of subsequent hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the date and time notice was given and the person to whom he or she spoke.

AB856, s. 69 Section 69. 938.27 (3) (a) 1m. of the statutes is amended to read:

AB856,38,14 938.27 (3) (a) 1m. The court shall give a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 1. an opportunity a right to be heard at the hearing by permitting the foster parent, treatment foster parent, preadoptive parent, or other physical custodian 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. A foster parent, treatment foster parent , preadoptive parent, or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. and an opportunity a right to be heard under this 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. 70 Section 70. 938.27 (3) (a) 2. of the statutes is amended to read:

AB856,38,22 938.27 (3) (a) 2. Failure to give notice under subd. 1. to a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the action or proceeding. If a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under subd. 1., that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.

AB856, s. 71 Section 71. 938.27 (6) of the statutes is amended to read:

AB856,39,6 938.27 (6) Interstate compact proceedings; notice and summons. When a proceeding is initiated under s. 938.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court. If the juvenile who is the subject of the proceeding is in the care of a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, preadoptive parent, or other physical custodian notice and an opportunity a right to be heard as provided in sub. (3) (a).

AB856, s. 72 Section 72. 938.299 (1) (ag) of the statutes is amended to read:

AB856,39,16 938.299 (1) (ag) If a public hearing is not held, in addition to persons permitted to attend under par. (a), the juvenile's foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) may be present, except that the court may exclude a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) from any portion of the hearing if that portion of the hearing deals with sensitive personal information of the juvenile or the juvenile's family or if the court determines that excluding the foster parent, treatment foster parent, preadoptive parent, or other physical custodian would be in the best interests of the juvenile.

AB856, s. 73 Section 73. 938.32 (1) (c) 1. d. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB856,39,23 938.32 (1) (c) 1. d. If the juvenile's placement or other living arrangement is under the supervision of the county department, an An order ordering the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.

AB856, s. 74 Section 74. 938.32 (1) (d) of the statutes is repealed.

AB856, s. 75 Section 75. 938.355 (2) (b) 6g. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB856,40,7 938.355 (2) (b) 6g. If the juvenile is placed outside the home under the supervision of the county department, an order ordering the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.

AB856, s. 76 Section 76. 938.355 (2b) of the statutes is amended to read:

AB856,40,23 938.355 (2b) Concurrent reasonable efforts permitted. A county department or the agency primarily responsible for providing services to a juvenile under a court order may, at the same time as the county department or agency is making the reasonable efforts required under sub. (2) (b) 6. to prevent the removal of the juvenile from the home or to make it possible for the juvenile to return safely to his or her home, work with the department of health and family services, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place the juvenile for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement. Those efforts to place the juvenile for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement shall include efforts to place the juvenile in a safe and appropriate placement outside this state if the county department or agency determines that such a placement would be in the best interests of the juvenile and appropriate to achieving the goals of the juvenile's permanency plan.

AB856, s. 77 Section 77. 938.355 (2d) (c) 1. of the statutes is renumbered 938.355 (2d) (c) and amended to read:

AB856,41,6 938.355 (2d) (c) If the court finds that any of the circumstances under par. (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, 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.

AB856, s. 78 Section 78. 938.355 (2d) (c) 2. of the statutes is repealed.

AB856, s. 79 Section 79. 938.355 (2d) (c) 3. of the statutes is repealed.

AB856, s. 80 Section 80. 938.355 (6) (d) 1. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB856,41,23 938.355 (6) (d) 1. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.

AB856, s. 81 Section 81. 938.355 (6m) (a) 1g. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB856,42,16 938.355 (6m) (a) 1g. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. The use of placement in a secure detention facility or in a juvenile portion of a county jail as a sanction under this subdivision is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.

AB856, s. 82 Section 82. 938.357 (1) (am) 1. of the statutes is amended to read:

AB856,43,3 938.357 (1) (am) 1. If the proposed change in placement involves any change in placement other than a change in placement under par. (c), the person or agency primarily responsible for implementing the dispositional order or the district attorney shall cause written notice of the proposed change in placement to be sent to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) of the juvenile. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court.

AB856, s. 83 Section 83. 938.357 (1) (am) 2. of the statutes is amended to read:

AB856,43,16 938.357 (1) (am) 2. Any person receiving the who is sent a notice under subd. 1. or a notice of a specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice is sent. Placements may not be changed until 10 days after that the notice is sent to the persons specified in subd. 1. and to the court unless the parent, guardian, or legal custodian and the juvenile, if 12 or more years of age, sign written waivers of objection, except that changes in placement that were authorized in the dispositional order may be made immediately if notice is given as required under subd. 1. In addition, a hearing is not required for placement changes authorized in the dispositional order except when an objection filed by a person who received is sent notice alleges that new information is available that affects the advisability of the court's dispositional order.

AB856, s. 84 Section 84. 938.357 (1) (am) 2m. of the statutes is created to read:

AB856,44,2 938.357 (1) (am) 2m. Regardless of whether a hearing is held under subd. 2., a court order is required for any change in placement under this paragraph other than a change in placement that is authorized in the dispositional order and to which no objection is filed. In a case in which no objection is filed in response to a notice under subd. 1. or a notice of a specific placement under s. 938.355 (2) (b) 2., the juvenile's placement may be changed 10 days after the notice is sent to the persons specified in subd. 1. and to the court, and the court may satisfy the requirement of this subdivision by issuing an order approving the change in placement after the change in placement is made.

AB856, s. 85 Section 85. 938.357 (2m) (b) of the statutes is amended to read:

AB856,44,17 938.357 (2m) (b) Hearing; when required. The court shall hold a hearing prior to ordering any change in placement requested or proposed under par. (a) if the request states that new information is available that affects the advisability of the current placement. A hearing is not required if the requested or proposed change in placement does not involve a change in placement of a juvenile placed in the home to a placement outside the home, written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) (am) 1., and the court approves. If a hearing is scheduled, the court shall notify the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) of the juvenile, and all parties who are bound by the dispositional order at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.

AB856, s. 86 Section 86. 938.357 (2r) of the statutes is amended to read:

AB856,45,7 938.357 (2r) Removal from foster home or physical custodian. If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove a juvenile from a foster home, treatment foster home, the home of a preadoptive parent, or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, preadoptive parent, or other physical custodian an opportunity a right to be heard at the hearing by permitting the foster parent, treatment foster parent, preadoptive parent, or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested change in placement. A foster parent, treatment foster parent, preadoptive parent, or other physical custodian who receives notice of a hearing under sub. (1) (am) 1. or (2m) (b) and an opportunity a right to be heard under this subsection 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. 87 Section 87. 938.357 (2v) (a) 1m. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB856,45,16 938.357 (2v) (a) 1m. If the change in placement order changes the placement of a juvenile who is under the supervision of the county department to a placement outside the juvenile's home, whether from a placement in the home or from another placement outside the home, an order ordering the juvenile into, or to be continued in, the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility, or continued primary responsibility, for providing services to the juvenile.

AB856, s. 88 Section 88. 938.357 (2v) (c) 1. of the statutes is renumbered 938.357 (2v) (c) and amended to read:

AB856,45,24 938.357 (2v) (c) If the court finds under par. (a) 3. that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) 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 at least 5 days before the date of the hearing.

AB856, s. 89 Section 89. 938.357 (2v) (c) 2. of the statutes is repealed.

AB856, s. 90 Section 90. 938.357 (2v) (c) 3. of the statutes is repealed.

AB856, s. 91 Section 91. 938.363 (1) (b) of the statutes is amended to read:

AB856,46,13 938.363 (1) (b) If a hearing is held, at least 3 days prior to the hearing the court shall notify the juvenile, the juvenile's parent, guardian, and legal custodian, all parties bound by the dispositional order, the juvenile's foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under s. 938.34 (3) (f) or (6) (am) to impose more than a total of 30 days of detention, nonsecure custody, or inpatient treatment on a juvenile.

AB856, s. 92 Section 92. 938.363 (1m) of the statutes is amended to read:

AB856,47,2 938.363 (1m) Evidence and statements. If a hearing is held under sub. (1) (a), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall give a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) of the juvenile an opportunity a right to be heard at the hearing by permitting the foster parent, treatment foster parent, preadoptive parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of revision. A foster parent, treatment foster parent, preadoptive parent, or other physical custodian who receives notice of a hearing under sub. (1) (a) and an opportunity a right to be heard under this subsection 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. 93 Section 93. 938.365 (2) of the statutes is amended to read:

AB856,47,10 938.365 (2) Notice. No order may be extended without a hearing. The court shall notify the juvenile or the juvenile's guardian ad litem or counsel, the juvenile's parent, guardian, legal custodian, all of the parties present at the original hearing, the juvenile's foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered of the time and place of the hearing.

AB856, s. 94 Section 94. 938.365 (2m) (ad) 1. of the statutes is renumbered 938.365 (2m) (ad) and amended to read:

AB856,47,18 938.365 (2m) (ad) If the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, 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.

AB856, s. 95 Section 95. 938.365 (2m) (ad) 2. of the statutes is repealed.

AB856, s. 96 Section 96. 938.365 (2m) (ag) of the statutes is amended to read:

AB856,48,6 938.365 (2m) (ag) The court shall give a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under par. (ad) 2. or sub. (2) an opportunity a right to be heard at the hearing by permitting the foster parent, treatment foster parent, preadoptive parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. A foster parent, treatment foster parent, preadoptive parent, or other physical custodian who receives notice of a hearing under par. (ad) 2. or sub. (2) and an opportunity a right to be heard under this paragraph 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. 97 Section 97. 938.38 (2) (intro.) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB856,48,17 938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, residential care center for children and youth, juvenile detention facility, or shelter care facility or in the home of a preadoptive parent, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each juvenile living in the home of a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions under pars. (a) to (e) exists:

AB856, s. 98 Section 98. 938.38 (3) (intro.) of the statutes is amended to read:

AB856,48,22 938.38 (3) Time. (intro.) Subject to s. 938.355 (2d) (c) 1. sub. (4m) (a), the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first removed from his or her home, except under either of the following conditions:

AB856, s. 99 Section 99. 938.38 (4) (f) (intro.) of the statutes is amended to read: