AB486,86,1811
(d) The court shall give a foster parent, treatment foster parent, operator of a
12facility, or relative who is notified of a hearing under par. (b) a right to be heard at
13the hearing by permitting the foster parent, treatment foster parent, operator, or
14relative to make a written or oral statement during the hearing, or to submit a
15written statement prior to the hearing, relevant to the issues to be determined at the
16hearing. The foster parent, treatment foster parent, operator of a facility, or relative
17does not become a party to the proceeding on which the hearing is held solely on the
18basis of receiving that notice and right to be heard.
AB486, s. 159
19Section
159. 938.38 (4m) (b) and (d) of the statutes, as created by 2009
20Wisconsin Act .... (this act), are amended to read:
AB486,87,221
938.38
(4m) (b) At least 10 days before the date of the hearing the court shall
22notify the juvenile; the juvenile's parent, guardian, and legal custodian; and the
23juvenile's foster parent
or treatment foster parent, the operator of the facility in
24which the juvenile is living, or the relative with whom the juvenile is living of the
1time, place, and purpose of the hearing, of the issues to be determined at the hearing,
2and of the fact that they shall have a right to be heard at the hearing.
AB486,87,103
(d) The court shall give a foster parent,
treatment foster parent, operator of a
4facility, or relative who is notified of a hearing under par. (b) a right to be heard at
5the hearing by permitting the foster parent,
treatment foster parent, operator, or
6relative to make a written or oral statement during the hearing, or to submit a
7written statement prior to the hearing, relevant to the issues to be determined at the
8hearing. The foster parent,
treatment foster parent, operator of a facility, or relative
9does not become a party to the proceeding on which the hearing is held solely on the
10basis of receiving that notice and right to be heard.
AB486, s. 160
11Section
160. 938.38 (5) (b) of the statutes is amended to read:
AB486,88,212
938.38
(5) (b) The court or the agency shall notify
the parents of the juvenile
,
13the juvenile, if he or she is 10 years of age or older, and; the juvenile's parent,
14guardian, and legal custodian; and the juvenile's foster parent
, the juvenile's or 15treatment foster parent, the operator of the facility in which the juvenile is living,
16or the relative with whom the juvenile is living of the
date, time,
and place
, and
17purpose of the review, of the issues to be determined as part of the review, and of the
18fact that they
may have an opportunity shall have a right to be heard at the review
19by submitting written comments not less than 10 working days before the review or
20by participating at the review as provided in par. (bm) 1. The court or agency shall
21notify the person representing the interests of the public, the juvenile's counsel, and
22the juvenile's guardian ad litem of the
date time, place, and purpose of the review,
23of the issues to be determined as part of the review, and of the fact that they may
24submit written comments not less than 10 working days before the review have an
25opportunity to be heard at the review as provided in par. (bm) 1. The notices under
1this paragraph shall be provided in writing not less than 30 days before the review
2and copies of the notices shall be filed in the juvenile's case record.
AB486,88,165
938.38
(5) (b) The court or the agency shall notify the juvenile; the juvenile's
6parent, guardian, and legal custodian; and the juvenile's foster parent, the operator
7of the facility in which the juvenile is living, or the relative with whom the juvenile
8is living of the time, place, and purpose of the review, of the issues to be determined
9as part of the review, and of the fact that they shall have a right to be heard at the
10review as provided in par. (bm) 1. The court or agency shall notify the person
11representing the interests of the public, the juvenile's counsel, and the juvenile's
12guardian ad litem of the time, place, and purpose of the review, of the issues to be
13determined as part of the review, and of the fact that they may have an opportunity
14to be heard at the review as provided in par. (bm) 1. The notices under this paragraph
15shall be provided in writing not less than 30 days before the review and copies of the
16notices shall be filed in the juvenile's case record.
AB486, s. 162
17Section
162. 938.38 (5) (bm) of the statutes is created to read:
AB486,89,518
938.38
(5) (bm) 1. A juvenile, parent, guardian, legal custodian, foster parent,
19treatment foster parent, operator of a facility, or relative who is provided notice of the
20review under par. (b) shall have a right to be heard at the review by submitting
21written comments relevant to the determinations specified in par. (c) not less than
2210 working days before the date of the review or by participating at the review. A
23person representing the interests of the public, counsel, or guardian ad litem who is
24provided notice of the review under par. (b) may have an opportunity to be heard at
25the review by submitting written comments relevant to the determinations specified
1in par. (c) not less than 10 working days before the date of the review. A foster parent,
2treatment foster parent, operator of a facility, or relative who receives notice of a
3review under par. (b) and a right to be heard under this subdivision does not become
4a party to the proceeding on which the review is held solely on the basis of receiving
5that notice and right to be heard.
AB486,89,216
2. If the juvenile's permanency plan includes a statement under sub. (4) (i)
7indicating that the juvenile's age and developmental level are sufficient for the court
8or panel to consult with the juvenile regarding the juvenile's permanency plan or if,
9notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the
10court or panel to consult with the juvenile, the court or panel determines that
11consultation with the juvenile would be in the best interests of the juvenile, the court
12or panel shall consult with the juvenile, in an age-appropriate and developmentally
13appropriate manner, regarding the juvenile's permanency plan and any other
14matters the court or panel finds appropriate. If none of those circumstances apply,
15the court or panel may permit the juvenile's caseworker, the juvenile's counsel, or,
16subject to s. 938.235 (3) (a), the juvenile's guardian ad litem to make a written or oral
17statement during the review, or to submit a written statement prior to the review,
18expressing the juvenile's wishes, goals, and concerns regarding the permanency plan
19and those matters. If the court or panel permits such a written or oral statement to
20be made or submitted, the court or panel may nonetheless require the juvenile to be
21physically present at the review.
AB486, s. 163
22Section
163. 938.38 (5) (bm) 1. of the statutes, as created by 2009 Wisconsin
23Act .... (this act), is amended to read:
AB486,90,1124
938.38
(5) (bm) 1. A juvenile, parent, guardian, legal custodian, foster parent,
25treatment foster parent, operator of a facility, or relative who is provided notice of the
1review under par. (b) shall have a right to be heard at the review by submitting
2written comments relevant to the determinations specified in par. (c) not less than
310 working days before the date of the review or by participating at the review. A
4person representing the interests of the public, counsel, or guardian ad litem who is
5provided notice of the review under par. (b) may have an opportunity to be heard at
6the review by submitting written comments relevant to the determinations specified
7in par. (c) not less than 10 working days before the date of the review. A foster parent,
8treatment foster parent, operator of a facility, or relative who receives notice of a
9hearing under par. (b) and a right to be heard under this subdivision does not become
10a party to the proceeding on which the review is held solely on the basis of receiving
11that notice and right to be heard.
AB486, s. 164
12Section
164. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:
AB486,90,2013
938.38
(5) (c) 6. (intro.) If the juvenile has been placed outside of his or her
14home, as described in s. 938.365 (1),
in a foster home, treatment foster home, group
15home, nonsecured residential care center for children and youth, or shelter care
16facility for 15 of the most recent 22 months, not including any period during which
17the juvenile was a runaway from the out-of-home placement or the first 6 months
18of any period during which the juvenile was returned to his or her home for a trial
19home visit, the appropriateness of the permanency plan and the circumstances
20which prevent the juvenile from any of the following:
AB486, s. 165
21Section
165. 938.38 (5) (c) 6. (intro.) of the statutes, as affected by 2009
22Wisconsin Act .... (this act), is repealed and recreated to read:
AB486,91,523
938.38
(5) (c) 6. (intro.) If the juvenile has been placed outside of his or her
24home, as described in s. 938.365 (1), in a foster home, group home, nonsecured
25residential care center for children and youth, or shelter care facility for 15 of the
1most recent 22 months, not including any period during which the juvenile was a
2runaway from the out-of-home placement or the first 6 months of any period during
3which the juvenile was returned to his or her home for a trial home visit, the
4appropriateness of the permanency plan and the circumstances which prevent the
5juvenile from any of the following:
AB486, s. 166
6Section
166. 938.38 (5) (c) 7. of the statutes is amended to read:
AB486,91,107
938.38
(5) (c) 7. Whether reasonable efforts were made by the agency to achieve
8the goal of the permanency plan,
including, if appropriate, through an out-of-state
9placement, unless return of the juvenile to the home is the goal of the permanency
10plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.
AB486, s. 167
11Section
167. 938.38 (5) (c) 8. of the statutes is created to read:
AB486,91,2112
938.38
(5) (c) 8. If the juvenile has one or more siblings, as defined in s. 938.38
13(4) (br) 1., who have also been removed from the home, whether reasonable efforts
14were made by the agency to place the juvenile in a placement that enables the sibling
15group to remain together, unless the court or panel determines that a joint placement
16would be contrary to the safety or well-being of the juvenile or any of those siblings,
17in which case the court or panel shall determine whether reasonable efforts were
18made by the agency to provide for frequent visitation or other ongoing interaction
19between the juvenile and those siblings, unless the court or panel determines that
20such visitation or interaction would be contrary to the safety or well-being of the
21juvenile or any of those siblings.
AB486, s. 168
22Section
168. 938.38 (5) (d) of the statutes is amended to read:
AB486,92,823
938.38
(5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the
24permanency plan shall, at least 5 days before a review by a review panel, provide to
25each person appointed to the review panel, the person representing the interests of
1the public, the juvenile's counsel
, and the juvenile's guardian ad litem a copy of the
2permanency plan and any written comments submitted under par.
(b) (bm) 1.
3Notwithstanding s. 938.78 (2) (a), a person appointed to a review panel, the person
4representing the interests of the public, the juvenile's counsel
, and the juvenile's
5guardian ad litem may have access to any other records concerning the juvenile for
6the purpose of participating in the review. A person permitted access to a juvenile's
7records under this paragraph may not disclose any information from the records to
8any other person.
AB486, s. 169
9Section
169. 938.38 (5) (e) of the statutes is amended to read:
AB486,92,1610
938.38
(5) (e) Within 30 days, the agency shall prepare a written summary of
11the determinations under par. (c) and shall provide a copy to the court that entered
12the order, the juvenile or the juvenile's counsel or guardian ad litem, the person
13representing the interests of the public, the juvenile's parent
or, guardian
, and legal
14custodian, and the juvenile's foster parent
, the juvenile's or treatment foster parent
15or, the operator of the facility where the juvenile is living
, or the relative with whom
16the juvenile is living.
AB486,92,2419
938.38
(5) (e) Within 30 days, the agency shall prepare a written summary of
20the determinations under par. (c) and shall provide a copy to the court that entered
21the order, the juvenile or the juvenile's counsel or guardian ad litem, the person
22representing the interests of the public, the juvenile's parent, guardian, and legal
23custodian, and the juvenile's foster parent, the operator of the facility where the
24juvenile is living, or the relative with whom the juvenile is living.
AB486, s. 171
25Section
171. 938.38 (5m) (b) of the statutes is amended to read:
AB486,93,11
1938.38
(5m) (b) Not less than 30 days before the date of the hearing, the court
2shall notify the juvenile; the juvenile's parent, guardian, and legal custodian;
and the
3juvenile's foster parent or treatment foster parent, the operator of the facility in
4which the juvenile is living, or the relative with whom the juvenile is living
; of the
5time, place, and purpose of the hearing, of the issues to be determined at the hearing,
6and of the fact that they shall have a right to be heard at the hearing as provided in
7par. (c) 1. and shall notify the juvenile's counsel, and the juvenile's guardian ad litem;
8the agency that prepared the permanency plan; and the person representing the
9interests of the public of the
date, time,
and place
, and purpose of the hearing
, of the
10issues to be determined at the hearing, and of the fact that they may have an
11opportunity to be heard at the hearing as provided in par. (c) 1.
AB486,93,2414
938.38
(5m) (b) Not less than 30 days before the date of the hearing, the court
15shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; and the
16juvenile's foster parent, the operator of the facility in which the juvenile is living, or
17the relative with whom the juvenile is living of the time, place, and purpose of the
18hearing, of the issues to be determined at the hearing, and of the fact that they shall
19have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the
20juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the
21permanency plan; and the person representing the interests of the public of the time,
22place, and purpose of the hearing, of the issues to be determined at the hearing, and
23of the fact that they may have an opportunity to be heard at the hearing as provided
24in par. (c) 1.
AB486, s. 173
1Section
173. 938.38 (5m) (c) of the statutes is renumbered 938.38 (5m) (c) 1.
2and amended to read:
AB486,94,173
938.38
(5m) (c) 1.
Any person A juvenile, parent, guardian, legal custodian,
4foster parent, treatment foster parent, operator of a facility, or relative who is
5provided notice of the hearing
may have an opportunity
under par. (b) shall have a
6right to be heard at the hearing by submitting written comments relevant to the
7determinations specified in sub. (5) (c) not less than 10 working days before the date
8of the hearing or by participating at the hearing.
A counsel, guardian ad litem,
9agency, or person representing the interests of the public who is provided notice of
10the hearing under par. (b) may have an opportunity to be heard at the hearing by
11submitting written comments relevant to the determinations specified in sub. (5) (c)
12not less than 10 working days before the date of the hearing or by participating at
13the hearing. A foster parent, treatment foster parent, operator of a facility
in which
14a juvenile is living, or relative
with whom a juvenile is living who receives notice of
15a hearing under par. (b) and
an opportunity a right to be heard under this
paragraph 16subdivision does not become a party to the proceeding on which the hearing is held
17solely on the basis of receiving that notice and
opportunity right to be heard.
AB486,95,720
938.38
(5m) (c) 1. A juvenile, parent, guardian, legal custodian, foster parent,
21operator of a facility, or relative who is provided notice of the hearing under par. (b)
22shall have a right to be heard at the hearing by submitting written comments
23relevant to the determinations specified in sub. (5) (c) not less than 10 working days
24before the date of the hearing or by participating at the hearing. A counsel, guardian
25ad litem, agency, or person representing the interests of the public who is provided
1notice of the hearing under par. (b) may have an opportunity to be heard at the
2hearing by submitting written comments relevant to the determinations specified in
3sub. (5) (c) not less than 10 working days before the date of the hearing or by
4participating at the hearing. A foster parent, operator of a facility, or relative who
5receives notice of a hearing under par. (b) and a right to be heard under this
6subdivision does not become a party to the proceeding on which the hearing is held
7solely on the basis of receiving that notice and right to be heard.
AB486, s. 175
8Section
175. 938.38 (5m) (c) 2. of the statutes is created to read:
AB486,95,239
938.38
(5m) (c) 2. If the juvenile's permanency plan includes a statement under
10sub. (4) (i) indicating that the juvenile's age and developmental level are sufficient
11for the court to consult with the juvenile regarding the juvenile's permanency plan
12or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate
13for the court to consult with the juvenile, the court determines that consultation with
14the juvenile would be in the best interests of the juvenile, the court shall consult with
15the juvenile, in an age-appropriate and developmentally appropriate manner,
16regarding the juvenile's permanency plan and any other matters the court finds
17appropriate. If none of those circumstances apply, the court may permit the
18juvenile's caseworker, the juvenile's counsel, or, subject to s. 938.235 (3) (a), the
19juvenile's guardian ad litem to make a written or oral statement during the hearing,
20or to submit a written statement prior to the hearing, expressing the juvenile's
21wishes, goals, and concerns regarding the permanency plan and those matters. If
22the court permits such a written or oral statement to be made or submitted, the court
23may nonetheless require the juvenile to be physically present at the hearing.
AB486, s. 176
24Section
176. 938.38 (5m) (d) of the statutes is amended to read:
AB486,96,10
1938.38
(5m) (d) At least 5 days before the date of the hearing the agency that
2prepared the permanency plan shall provide a copy of the permanency plan and any
3written comments submitted under par. (c)
1. to the court, to the juvenile's parent,
4guardian, and legal custodian, to the person representing the interests of the public,
5and to the juvenile's counsel or guardian ad litem. Notwithstanding s. 938.78 (2) (a),
6the person representing the interests of the public and the juvenile's counsel or
7guardian ad litem may have access to any other records concerning the juvenile for
8the purpose of participating in the review. A person permitted access to a juvenile's
9records under this paragraph may not disclose any information from the records to
10any other person.
AB486, s. 177
11Section
177. 938.78 (2) (i) of the statutes is created to read:
AB486,96,1812
938.78
(2) (i) Paragraph (a) does not prohibit an agency from disclosing
13information to a relative of a juvenile placed outside of his or her home only to the
14extent necessary to facilitate the establishment of a relationship between the
15juvenile and the relative or a placement of the juvenile with the relative or from
16disclosing information under s. 938.21 (5) (e), 938.355 (2) (cm), or 938.357 (2v) (d).
17In this paragraph, "relative" includes a relative whose relationship is derived
18through a parent of the juvenile whose parental rights are terminated.
AB486, s. 178
19Section
178. 938.9995 of the statutes is created to read:
AB486,96,22
20938.9995 Expediting interstate placements of juveniles. The courts of
21this state shall do all of the following to expedite the interstate placement of
22juveniles:
AB486,96,24
23(1) Subject to ss. 48.396 (2) and 938.396 (2), cooperate with the courts of other
24states in the sharing of information.
AB486,97,3
1(2) To the greatest extent possible, obtain information and testimony from
2agencies and parties located in other states without requiring interstate travel by
3those agencies and parties.
AB486,97,7
4(3) Permit parents, juveniles, other necessary parties, attorneys, and
5guardians ad litem in proceedings involving the interstate placement of a juvenile
6to participate in those proceedings without requiring interstate travel by those
7persons.
AB486,97,99
(1)
Permanency plans.
AB486,97,1210
(a)
Permanency plan contents. The treatment of sections 48.38 (4) (fm), (h)
11(intro.) and (i) and 938.38 (4), (fm), (h) (intro.) and (i) of the statutes first applies to
12permanency plans filed on the effective date of this paragraph.
AB486,97,1813
(b)
Permanency plan hearings and reviews. The treatment of sections 48.38
14(4m) (a) and (c) and (5) (bm) 2. and (c) 6. (intro.), 7., and 8. and 938.38 (4m) (a) and
15(c) and (5) (bm) 2. and (c) 6. (intro.), 7., and 8. of the statutes and the creation of
16sections 48.38 (5m) (c) 2., 48.43 (5) (b) 2., and 938.38 (5m) (c) 2. of the statutes first
17apply to hearings and reviews for which a permanency plan is filed or provided on
18the effective date of this paragraph.
AB486,98,219
(2)
Right to be heard. The amendment of sections 48.27 (3) (a) 1m. and (6),
2048.357 (2m) (b) and (2r), 48.363 (1) (b) and (1m), 48.365 (2m) (ag), 48.38 (5) (b) and
21(5m) (b), 48.42 (2g) (am), 48.427 (1m), 48.63 (5) (d) 4., 767.41 (3) (c), 938.27 (3) (a) 1m.
22and (6), 938.357 (2r), 938.363 (1) (b) and (1m), 938.365 (2) and (2m) (ag), 938.38 (5)
23(b) and (5m) (b) of the statutes, the renumbering and amendment of sections 48.38
24(5m) (c), 48.43 (5) (b), and 938.38 (5m) (c) of the statutes, and the creation of sections
2548.38 (4m) (b) and (d) and (5) (bm) 1., 48.43 (5) (b) 3., and 938.38 (4m) (b) and (d) and
1(5) (bm) 1. of the statutes first apply to hearings for which notice is provided on the
2effective date of this subsection.
AB486,98,63
(3)
Testing infants for controlled substances. The treatment of sections
446.238 and 146.0255 (2) and (3) (b) of the statutes first applies to tests for controlled
5substances or controlled substance analogs performed on the effective date of this
6subsection.
AB486,98,107
(4)
Juvenile court reports. The treatment of sections 48.33 (4) (c), 48.365 (2g)
8(b) 3., 48.425 (1) (c), 938.33 (4) (c), and 938.365 (2g) (b) 3. of the statutes first applies
9to reports filed with the court assigned to exercise jurisdiction under chapters 48 and
10938 on the effective date of this subsection.
AB486,98,1511
(5)
Juvenile court hearings. The treatment of sections 48.21 (3) (f), 48.335 (3g)
12(c) and (6), 48.357 (1) (c) 2m. and (2m) (bm), 48.365 (2m) (a) 1., 938.21 (2) (e) and (3)
13(f), 938.335 (3g) (c) and (6), 938.357 (1) (c) 2m. and (2m) (bm), and 938.365 (2m) (a)
141. of the statutes first applies to hearings held by the court assigned to exercise
15jurisdiction under chapters 48 and 938 on the effective date of this subsection.
AB486,98,2016
(6)
Juvenile court orders. The treatment of sections 48.21 (5) (e), 48.32 (1) (b)
171. c., 48.355 (2) (b) 6. and (cm), 48.357 (2v) (d), 48.43 (1) (cm), 938.21 (5) (e), 938.32
18(1) (c) 1. c., 938.355 (2) (b) 6. and (cm), and 938.357 (2v) (d) of the statutes first applies
19to a temporary physical custody order, consent decree, dispositional order, or change
20in placement order entered on the effective date of this subsection.
AB486,98,2121
(7)
Placement with sibling.
AB486,99,322
(a)
Out-of-home placement. The treatment of sections 48.21 (5) (b) 2m., 48.33
23(4) (d), 48.335 (3g) (d), 48.355 (2) (b) 6p., 48.357 (2v) (a) 2m., 938.21 (5) (b) 2m., 938.33
24(4) (d), 938.335 (3g) (d), 938.355 (2) (b) 6p. and 938.357 (2v) (a) 2m. of the statutes,
25the renumbering and amendment of sections 48.38 (4) (br) and 938.38 (4) (br) of the
1statutes, and the creation of sections 48.38 (4) (br) 2. and 938.38 (4) (br) 2. of the
2statutes first apply to a child who is removed from his or her home on the effective
3date of this subsection.
AB486,99,54
(b)
Adoptive placement
. The treatment of section 48.834 (2) of the statutes first
5applies to a child who is placed for adoption on the effective date of this subsection.
AB486,99,106
(8)
Transition plan. The creation of section 48.385 of the statutes first applies
7to a child who attains 18 years of age 90 days after the effective date of this subsection
8or, if a child is subject to an order of the court assigned to exercise jurisdiction under
9chapters 48 and 938 that terminates after the child attains 18 years of age, to an
10order that terminates 90 days after the effective date of this subsection.
AB486, s. 180
11Section
180.
Effective dates. This act takes effect on January 1, 2010, or on
12the day after publication, except as follows:
AB486,99,2313
(1)
Treatment foster homes. The amendment of sections 48.38 (4m) (b) and
14(d) and (5) (bm) 1., 48.385, 48.43 (5) (b) 3., and 938.38 (4m) (b) and (d) and (5) (bm)
151. of the statutes and the repeal and recreation of sections 48.27 (3) (a) 1m. and (6),
1648.357 (2m) (b) and (2r), 48.363 (1) (b) and (1m), 48.365 (2g) (b) 3. and (2m) (ag), 48.38
17(5) (b), (c) 6. (intro.), and (e) and (5m) (b) and (c) 1., 48.417 (1) (a), 48.42 (2g) (am),
1848.427 (1m), 48.43 (5) (b) 1. and (5m), 767.41 (3) (c), 938.27 (3) (a) 1m. and (6), 938.357
19(2r), 938.363 (1) (b) and (1m), 938.365 (2), (2g) (b) 3., and (2m) (ag), and 938.38 (5)
20(b), (c) 6. (intro.), and (e) and (5m) (b) and (c) 1. of the statutes take effect on the date
21state in the notice provided by the secretary of children and families and published
22in the Wisconsin Administrative Register under section 48.62 (9) of the statutes, or
23on the day after publication, whichever is later.