AB856: Bill Text

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 of the statutes is repealed.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 of the statutes is repealed.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:

AB856,49,4 938.38 (4) (f) (intro.) A description of the services that will be provided to the juvenile, the juvenile's family, and the juvenile's foster parent, the juvenile's treatment foster parent, the juvenile's preadoptive parent, the operator of the facility where in which the juvenile is living, or the relative with whom the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:

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: