SB572: Bill Text

SB572,43,20 48.299 (6) (d) The court may stay the proceedings under this chapter pending the outcome of the paternity proceedings under subch. IX of ch. 767 if the court determines that the paternity proceedings will not unduly delay the proceedings under this chapter and the determination of paternity is necessary to the court's disposition of the child if the child is found to be in need of protection or services or if the court determines that the paternity proceedings may result in a finding that the child is an Indian child and in a petition by the child's parent, Indian custodian, or tribe for transfer of the proceeding to the jurisdiction of the tribe.

SB572, s. 52 Section 52. 48.299 (9) of the statutes is created to read:

SB572,44,7 48.299 (9) If at any point in the proceeding the court determines that the child is or may be an Indian child or that the unborn child, when born, may be an Indian child, the court shall provide notice of the proceeding to the child's parent, Indian custodian, and tribe, or to the expectant mother and the Indian tribe in which the unborn child may be eligible for affiliation when born, in the manner specified in s. 48.028 (4) (a). The next hearing in the proceeding may not be held until at least 10 days after receipt of the notice by the parent, Indian custodian, and tribe or by the expectant mother and tribe or until at least 25 days after receipt of the notice by the U.S. secretary of the interior. On request of the parent, Indian custodian, expectant mother, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for that hearing.

SB572, s. 53 Section 53. 48.30 (1) of the statutes is amended to read:

SB572,44,15 48.30 (1) Except as provided in this subsection s. 48.299 (9), the hearing to determine whether any party wishes to contest an allegation that the child or unborn child is in need of protection or services shall take place on a date which allows reasonable time for the parties to prepare but is within 30 days after the filing of a petition for a child or an expectant mother who is not being held in secure custody or within 10 days after the filing of a petition for a child who is being held in secure custody.

SB572, s. 54 Section 54. 48.30 (2) of the statutes is amended to read:

SB572,45,2 48.30 (2) At the commencement of the hearing under this section the child and the parent, guardian or, legal custodian, or Indian custodian; the child expectant mother, her parent, guardian or, legal custodian, or Indian custodian, and the unborn child through the unborn child's guardian ad litem; or the adult expectant mother and the unborn child through the unborn child's guardian ad litem,; shall be advised of their rights as specified in s. 48.243 and shall be informed that a request for a jury trial or for a substitution of judge under s. 48.29 must be made before the end of the plea hearing or be is waived. Nonpetitioning parties, including the child, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a jury trial or substitution of a judge.

SB572, s. 55 Section 55. 48.30 (6) (a) of the statutes is amended to read:

SB572,45,9 48.30 (6) (a) If a petition is not contested, the court, subject to s. 48.299 (9), shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days after the plea hearing for a child who is held in secure custody and no more than 30 days after the plea hearing for a child or an expectant mother who is not held in secure custody. If all parties consent the court may proceed immediately with the dispositional hearing.

SB572, s. 56 Section 56. 48.30 (7) of the statutes is amended to read:

SB572,45,15 48.30 (7) If the petition is contested, the court, subject to s. 48.299 (9), shall set a date for the fact-finding hearing which allows reasonable time for the parties to prepare but is no more than 20 days after the plea hearing for a child who is held in secure custody and no more than 30 days after the plea hearing for a child or an expectant mother who is not held in secure custody.

SB572, s. 57 Section 57. 48.305 of the statutes is amended to read:

SB572,46,2 48.305 Hearing upon the involuntary removal of a child or expectant mother. Notwithstanding other time periods for hearings under this chapter, if a child is removed from the physical custody of the child's parent or guardian under s. 48.19 (1) (c) or (cm) or (d) 5. or 8. without the consent of the parent or guardian or if an adult expectant mother is taken into custody under s. 48.193 (1) (c) or (d) 2. without the consent of the expectant mother, the court, subject to s. 48.299 (9), shall schedule a plea hearing and fact-finding hearing within 30 days after a request from the parent or guardian from whom custody was removed or from the adult expectant mother who was taken into custody. The plea hearing and fact-finding hearing may be combined. This time period may be extended only with the consent of the requesting parent, guardian or expectant mother.

SB572, s. 58 Section 58. 48.31 (1) of the statutes is amended to read:

SB572,46,10 48.31 (1) In this section, "fact-finding hearing" means a hearing to determine if the allegations in a petition under s. 48.13 or 48.133 or a petition to terminate parental rights are proved by clear and convincing evidence. In the case of a petition to terminate parental rights to an Indian child, "fact-finding hearing" means a hearing to determine if the allegations, other than the allegations under s. 48.42 (1) (f), are proved by clear and convincing evidence and if the allegations under s. 48.42 (1) (f) are proved beyond a reasonable doubt as provided in s. 48.028 (4) (e).

SB572, s. 59 Section 59. 48.31 (7) (a) of the statutes is amended to read:

SB572,46,17 48.31 (7) (a) At the close of the fact-finding hearing, the court, subject to s. 48.299 (9), shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a child in secure custody and no more than 30 days after the fact-finding hearing for a child or expectant mother who is not held in secure custody. If all parties consent, the court may immediately proceed with a dispositional hearing.

SB572, s. 60 Section 60. 48.315 (1) (j) of the statutes is created to read:

SB572,46,25 48.315 (1) (j) A reasonable period of delay, not to exceed 20 days, in a proceeding involving the out-of-home care placement of or termination of parental rights to a child who is or may be an Indian child, or involving an unborn child who, when born, may be an Indian child, resulting from a continuance granted at the request of the child's parent, Indian custodian, or tribe, or of the unborn child's expectant mother or the Indian tribe in which the unborn child may be eligible for affiliation when born, to enable the requester to prepare for the proceeding.

SB572, s. 61 Section 61. 48.315 (1m) of the statutes is amended to read:

SB572,47,3 48.315 (1m) Subsection (1) (a), (d), (e) and, (fm), (g), and (j) does not apply to proceedings under s. 48.375 (7).

SB572, s. 62 Section 62. 48.315 (2) of the statutes is amended to read:

SB572,47,9 48.315 (2) A continuance shall be granted by the court only upon a showing of good cause in open court or during a telephone conference under s. 807.13 on the record and only for so long as is necessary, taking into account the request or consent of the district attorney or the parties, the request of a person specified in sub. (1) (j), and the interest of the public in the prompt disposition of cases.

SB572, s. 63 Section 63. 48.32 (1) (c) 1. of the statutes is renumbered 48.32 (1) (c) and amended to read:

SB572,47,18 48.32 (1) (c) If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency plan for the child. 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.

SB572, s. 64 Section 64. 48.32 (1) (c) 2. of the statutes is repealed.

SB572, s. 65 Section 65. 48.32 (1) (c) 3. of the statutes is repealed.

SB572, s. 66 Section 66. 48.33 (4) (d) of the statutes is created to read:

SB572,48,9 48.33 (4) (d) If the agency knows or has reason to know that the child is an Indian child, a description of any efforts undertaken to determine whether the child is an Indian child; specific information showing that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1.; specific information showing that the county department, department in a county having a population of 500,000 or more, or agency primarily responsible for providing services to the child has made active efforts under s. 48.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful; a statement as to whether the out-of-home care placement recommended is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c); and, if the recommended placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB572, s. 67 Section 67. 48.335 (3j) of the statutes is created to read:

SB572,48,15 48.335 (3j) At hearings under this section involving an Indian child, if the agency, as defined in s. 48.38 (1) (a), is recommending placement of the Indian child in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent, the agency shall present as evidence specific information showing all of the following:

SB572,48,18 (a) That continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child under s. 48.028 (4) (d) 1.

SB572,48,23 (b) That the county department, the department in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the Indian child has made active efforts under s. 48.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful.

SB572,49,2 (c) That the placement recommended is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) or, if that placement is not in compliance with that order, good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB572, s. 68 Section 68. 48.345 (3) (intro.) of the statutes is amended to read:

SB572,49,5 48.345 (3) (intro.) Designate Subject to sub. (3m), designate one of the following as the placement for the child:

SB572, s. 69 Section 69. 48.345 (3m) of the statutes is created to read:

SB572,49,11 48.345 (3m) Subject to s. 48.028 (7) (c), if the child is an Indian child who is being placed in an out-of-home care placement, as defined in s. 48.028 (2) (e), designate one of the placements listed in s. 48.028 (7) (b) 1. to 4. as the placement for the Indian child, in the order of preference listed, unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB572, s. 70 Section 70. 48.355 (2) (b) 6v. of the statutes is created to read:

SB572,50,2 48.355 (2) (b) 6v. If the child is an Indian child who is placed outside the home, a finding supported by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1. and a finding supported by clear and convincing evidence as to whether the county department, department in a county having a population of 500,000 or more, or agency primarily responsible for providing services under a court order has made active efforts under s. 48.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful. The findings under this subdivision shall be in addition to the findings under subd. 6., except that for the sole purpose of determining whether the cost of providing care for an Indian child is eligible for reimbursement under 42 USC 670 to 679b, the findings under this subdivision and the findings under subd. 6. shall be considered to be the same findings.

SB572, s. 71 Section 71. 48.355 (2) (d) of the statutes is amended to read:

SB572,50,15 48.355 (2) (d) The court shall provide a copy of a dispositional order relating to a child in need of protection or services to the child's parent, guardian, legal custodian, or trustee, to the child through the child's counsel or guardian ad litem and, to the child's court-appointed special advocate, and, if the child is an Indian child, to the Indian child's Indian custodian and tribe. The court shall provide a copy of a dispositional order relating to an unborn child in need of protection or services to the expectant mother, to the unborn child through the unborn child's guardian ad litem and, if the expectant mother is a child, to her , to the parent, guardian, legal custodian, or trustee of a child expectant mother, and, if the expectant mother is an Indian child or if the unborn child when born may be an Indian child, to the expectant mother's Indian custodian and tribe or to the Indian tribe in which the unborn child may be eligible for affiliation when born.

SB572, s. 72 Section 72. 48.355 (2d) (c) 1. of the statutes is renumbered 48.355 (2d) (c) and amended to read:

SB572,50,23 48.355 (2d) (c) If the court finds that any of the circumstances specified in under par. (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency plan for the child. 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.

SB572, s. 73 Section 73. 48.355 (2d) (c) 2. of the statutes is repealed.

SB572, s. 74 Section 74. 48.355 (2d) (c) 3. of the statutes is repealed.

SB572, s. 75 Section 75. 48.355 (2d) (d) of the statutes is created to read:

SB572,51,8 48.355 (2d) (d) This subsection does not affect the requirement under sub. (2) (b) 6v. that the court include in a dispositional order placing an Indian child outside the home a finding as to whether the county department, department in a county having a population of 500,000 or more, or agency primarily responsible for providing services under a court order has made active efforts under s. 48.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful.

SB572, s. 76 Section 76. 48.357 (1) (am) 1. of the statutes is amended to read:

SB572,52,2 48.357 (1) (am) 1. If the proposed change in placement involves any change in placement other than a change in placement specified in par. (c), the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel shall cause written notice of the proposed change in placement to be sent to the child, the parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, and, if the child is an Indian child, the Indian child's Indian custodian and tribe. If the child is the expectant mother of an unborn child under s. 48.133, written notice shall also be sent to the unborn child by the unborn child's guardian ad litem. If the change in placement involves an adult expectant mother is an adult of an unborn child under s. 48.133, written notice shall be sent to the adult expectant mother and the unborn child by the unborn child's guardian ad litem. 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.

SB572, s. 77 Section 77. 48.357 (1) (am) 1g. of the statutes is created to read:

SB572,52,10 48.357 (1) (am) 1g. If the child is an Indian child and if the proposed change in placement would change the Indian child's placement from a placement outside the home to another placement outside the home, a notice under subd. 1. shall also contain a statement as to whether the new placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB572, s. 78 Section 78. 48.357 (1) (am) 1m. of the statutes is created to read:

SB572,52,19 48.357 (1) (am) 1m. If the child is an Indian child, notice under subd. 1. to the Indian child's parent, Indian custodian, and tribe shall be provided in the manner specified in s. 48.028 (4) (a). No hearing on the request may be held until at least 10 days after receipt of the notice by the Indian child's parent, Indian custodian, and tribe or until at least 25 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.

SB572, s. 79 Section 79. 48.357 (1) (am) 2. of the statutes is renumbered 48.357 (1) (am) 2. (intro.) and amended to read:

SB572,53,2 48.357 (1) (am) 2. Any person receiving the notice under subd. 1. or notice of a specific placement under s. 48.355 (2) (b) 2., other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements Except as provided in subd. 2m., placements may not be changed until 10 days after that notice is sent to the court unless written waivers of objection are signed as follows:

SB572,53,4 a. By the parent, guardian, or legal custodian and, or Indian custodian, the child, if 12 years of age or over, or and the child's tribe, if the child is an Indian child.

SB572,53,7 b. By the child expectant mother, if 12 years of age or over, her parent, guardian, or legal custodian and, or Indian custodian, the unborn child by the unborn child's guardian ad litem, or and the child expectant mother's tribe, if she is an Indian child.

SB572,53,9 c. By the adult expectant mother and the unborn child by the unborn child's guardian ad litem, sign written waivers of objection, except that changes.

SB572,53,14 2m. 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 notice alleges that new information is available that affects the advisability of the court's dispositional order.

SB572, s. 80 Section 80. 48.357 (1) (am) 3. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB572,53,25 48.357 (1) (am) 3. If the court changes the child's placement from a placement outside the home to another placement outside the home, the change in placement order shall contain the applicable order specified in under sub. (2v) (a) 1m. and the applicable statement specified in under sub. (2v) (a) 2. If the court changes the placement of an Indian child from a placement outside the home to another placement outside the home, the change in placement order shall, in addition, comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB572, s. 81 Section 81. 48.357 (1) (c) 1m. of the statutes is created to read:

SB572,54,12 48.357 (1) (c) 1m. If the child is an Indian child, a request under subd. 1. shall also contain specific information showing that continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1., specific information showing that the agency primarily responsible for implementing the dispositional order has made active efforts under s. 48.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful, a statement as to whether the new placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB572, s. 82 Section 82. 48.357 (1) (c) 2. of the statutes is amended to read:

SB572,54,21 48.357 (1) (c) 2. The court shall hold a hearing prior to ordering any change in placement requested under subd. 1. Not less than 3 days prior to the hearing, the court shall provide notice of the hearing, together with a copy of the request for the change in placement, to the child, the parent, guardian, and legal custodian of the child, the child's court-appointed special advocate, and all parties that are bound by the dispositional order, and, if the child is an Indian child, the Indian child's Indian custodian and tribe. If all parties consent, the court may proceed immediately with the hearing.

SB572, s. 83 Section 83. 48.357 (1) (c) 2m. of the statutes is created to read:

SB572,55,5 48.357 (1) (c) 2m. If the child is an Indian child, notice under subd. 2. to the Indian child's parent, Indian custodian, and tribe shall be provided in the manner specified in s. 48.028 (4) (a). No hearing on the request may be held until at least 10 days after receipt of the notice by the Indian child's parent, Indian custodian, and tribe or until at least 25 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.

SB572, s. 84 Section 84. 48.357 (1) (c) 3. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB572,55,19 48.357 (1) (c) 3. If the court changes the child's placement from a placement in the child's home to a placement outside the child's home, the change in placement order shall contain the findings specified in under sub. (2v) (a) 1., the applicable order specified in under sub. (2v) (a) 1m., the applicable statement specified in under sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances specified in under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination specified in under sub. (2v) (a) 3. If the court changes the placement of an Indian child from a placement in the Indian child's home to a placement outside the Indian child's home, the change in placement order shall, in addition, contain the findings under sub. (2v) (a) 4. and comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from the order.

SB572, s. 85 Section 85. 48.357 (2m) (a) of the statutes is amended to read:

SB572,56,12 48.357 (2m) (a) The child, the parent, guardian, or legal custodian, or Indian custodian of the child, the expectant mother, the unborn child by the unborn child's guardian ad litem, or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this paragraph. The request shall contain the name and address of the new placement requested and shall state what new information is available that affects the advisability of the current placement. If the proposed change in placement would change the placement of a child placed in the child's home to a placement outside the child's home, the request shall also contain specific information showing that continued placement of the child in the home would be contrary to the welfare of the child and, unless any of the circumstances specified in under s. 48.355 (2d) (b) 1. to 5. applies, specific information showing that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns. The request shall be submitted to the court. In addition, the The court may also propose a change in placement on its own motion.

SB572, s. 86 Section 86. 48.357 (2m) (am) of the statutes is created to read:

SB572,57,2 48.357 (2m) (am) 1. If the proposed change of placement would change the placement of an Indian child placed in the Indian child's home to a placement outside the Indian child's home, a request under par. (a) shall also contain specific information showing that continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1., specific information showing that the agency primarily responsible for implementing the dispositional order has made active efforts under s. 48.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful, a statement as to whether the new placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB572,57,9 2. If the proposed change in placement would change the placement of an Indian child placed outside the home to another placement outside the home, a request under par. (a) shall also contain a statement as to whether the new placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB572, s. 87 Section 87. 48.357 (2m) (b) of the statutes is amended to read:

SB572,58,7 48.357 (2m) (b) The court shall hold a hearing on the matter 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, unless. A hearing is not required if the requested or proposed change in placement involves any change in placement other than does not involve a change in placement of a child placed in the child's home to a placement outside the child's home and, written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under sub. (1) (am) 1. this paragraph, other than a court-appointed special advocate, and the court approves. If a hearing is scheduled, not less than 3 days before the hearing the court shall notify the child, the parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is an Indian child, the Indian child's Indian custodian and tribe. If the child is the expectant mother of an unborn child under s. 48.133, the court shall also notify the unborn child by the unborn child's guardian ad litem, or. If the change in placement involves an adult expectant mother of an unborn child under s. 48.133, the court shall notify the adult expectant mother, the unborn child by the unborn child's guardian ad litem, 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.

SB572, s. 88 Section 88. 48.357 (2m) (bm) of the statutes is created to read:

SB572,58,16 48.357 (2m) (bm) If the child is an Indian child, notice under par. (b) to the Indian child's parent, Indian custodian, and tribe shall be provided in the manner specified in s. 48.028 (4) (a). No hearing on the request or proposal may be held until at least 10 days after receipt of the notice by the Indian child's parent, Indian custodian, and tribe or until at least 25 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.

SB572, s. 89 Section 89. 48.357 (2m) (c) of the statutes, as affected by 2007 Wisconsin Act 20, is renumbered 48.357 (2m) (c) 1. and amended to read:

SB572,59,5 48.357 (2m) (c) 1. If the court changes the child's placement from a placement in the child's home to a placement outside the child's home, the change in placement order shall contain the findings specified in under sub. (2v) (a) 1., the applicable order specified in under sub. (2v) (a) 1m., the applicable statement specified in under sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances specified in under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination specified in under sub. (2v) (a) 3. If the court changes the placement of an Indian child from a placement in the Indian child's home to a placement outside the Indian child's home, the change in placement order shall, in addition, contain the findings under sub. (2v) (a) 4. and comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB572,59,14 2. If the court changes the child's placement from a placement outside the home to another placement outside the home, the change in placement order shall contain the applicable order specified in under sub. (2v) (a) 1m. and the applicable statement specified in under sub. (2v) (a) 2. If the court changes the placement of an Indian child from a placement outside the Indian child's home to another placement outside the Indian child's home, the change in placement order shall, in addition, comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB572, s. 90 Section 90. 48.357 (2v) (a) 4. of the statutes is created to read:

SB572,60,4 48.357 (2v) (a) 4. If the change in placement order changes an Indian child's placement from a placement in the Indian child's home to a placement outside the Indian child's home, a finding supported by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1. and a finding supported by clear and convincing evidence that the agency primarily responsible for implementing the dispositional order has made active efforts under s. 48.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful. The findings under this subdivision shall be in addition to the findings under subd. 1., except that for the sole purpose of determining whether the cost of providing care for an Indian child is eligible for reimbursement under 42 USC 670 to 679b, the findings under this subdivision and the findings under subd. 1. shall be considered to be the same findings.

SB572, s. 91 Section 91. 48.357 (2v) (c) 1. of the statutes is renumbered 48.357 (2v) (c) and amended to read:

SB572,60,12 48.357 (2v) (c) If the court finds under par. (a) 3. that any of the circumstances specified in under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency plan for the child. 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.

SB572, s. 92 Section 92. 48.357 (2v) (c) 2. of the statutes is repealed.

SB572, s. 93 Section 93. 48.357 (2v) (c) 3. of the statutes is repealed.

SB572, s. 94 Section 94. 48.363 (1) (a) of the statutes is amended to read: