SB288,87,4
148.424 (1) (intro.) The purpose of the fact-finding hearing is to determine
2whether grounds exist for the termination of parental rights in those cases where the
3termination
in cases in which the petition was contested at the hearing on the
4petition under s. 48.422 all of the following:
SB288,87,5 5(a) Whether grounds exist for the termination of parental rights.
SB288, s. 139 6Section 139. 48.424 (1) (b) of the statutes is created to read:
SB288,87,97 48.424 (1) (b) Whether the allegations specified in s. 48.42 (1) (e) have been
8proved in cases involving the involuntary termination of parental rights to an Indian
9child.
SB288, s. 140 10Section 140. 48.424 (2) (intro.) of the statutes is amended to read:
SB288,87,1211 48.424 (2) (intro.) The fact-finding hearing shall be conducted according to the
12procedure specified in s. 48.31 except that as follows:
SB288, s. 141 13Section 141. 48.424 (2) (a) of the statutes is amended to read:
SB288,87,1414 48.424 (2) (a) The court may exclude the child from the hearing; and.
SB288, s. 142 15Section 142. 48.424 (3) of the statutes is amended to read:
SB288,87,2016 48.424 (3) If the facts are determined by a jury, the jury may only decide
17whether any grounds for the termination of parental rights have been proven proved
18and whether the allegations specified in s. 48.42 (1) (e) have been proved in cases
19involving the involuntary termination of parental rights to an Indian child
. The
20court shall decide what disposition is in the best interest of the child.
SB288, s. 143 21Section 143. 48.424 (4) (intro.) of the statutes is amended to read:
SB288,88,322 48.424 (4) (intro.) If grounds for the termination of parental rights are found
23by the court or jury, the court shall find the parent unfit. A finding of unfitness shall
24not preclude a dismissal of a petition under s. 48.427 (2). The court shall then proceed
25immediately to hear evidence and motions related to the dispositions enumerated in

1s. 48.427. The Except as provided in s. 48.42 (2g) (ag), the court may delay making
2the disposition and set a date for a dispositional hearing no later than 45 days after
3the fact-finding hearing if any of the following apply:
SB288, s. 144 4Section 144. 48.424 (4) (a) of the statutes is amended to read:
SB288,88,55 48.424 (4) (a) All parties to the proceeding agree ; or.
SB288, s. 145 6Section 145. 48.424 (4) (b) of the statutes is amended to read:
SB288,88,137 48.424 (4) (b) The court has not yet received a report to the court on the history
8of the child as provided in s. 48.425 from an agency enumerated in s. 48.069 (1) or
9(2)
and the court now directs the agency to prepare this report to be considered orders
10an agency enumerated in s. 48.069 (1) or (2) to file that report with the court, or, in
11the case of an Indian child, now orders that agency or requests the tribal child welfare
12department of the Indian child's tribe to file such a report,
before the court makes the
13disposition on the petition.
SB288, s. 146 14Section 146. 48.424 (5) of the statutes is amended to read:
SB288,88,2015 48.424 (5) If the court delays making a permanent disposition under sub. (4),
16it may transfer temporary custody of the child to an agency for placement of the child
17until the dispositional hearing. Placement of an Indian child under this subsection
18shall comply with the order of placement preference under s. 48.028 (7) (b) or, if
19applicable, s. 48.028 (7) (c), unless the agency finds good cause, as described in s.
2048.028 (7) (e), for departing from that order.
SB288, s. 147 21Section 147. 48.425 (1) (intro.) of the statutes is amended to read:
SB288,89,222 48.425 (1) (intro.) If the petition for the termination of parental rights is filed
23by an agency, or if
the court orders an agency enumerated under s. 48.069 (1) or (2)
24to file
a report under s. 48.422 (8) or 48.424 (4) (b) or requests the tribal child welfare
25department of an Indian child's tribe to file such a report
, the agency or tribal child

1welfare department, if that department consents,
shall file a report with the court
2which shall include:
SB288, s. 148 3Section 148. 48.425 (1) (cm) of the statutes is created to read:
SB288,89,114 48.425 (1) (cm) If the petition is seeking the involuntary termination of
5parental rights to an Indian child, specific information showing that continued
6custody of the child by the parent or Indian custodian is likely to result in serious
7emotional or physical damage to the child under s. 48.028 (4) (e) 1. and, if the Indian
8child has previously been adjudged to be in need of protection or services, specific
9information showing that active efforts under s. 48.028 (4) (e) 2. have been made to
10prevent the breakup of the Indian child's family and that those efforts have proved
11unsuccessful.
SB288, s. 149 12Section 149. 48.427 (5) of the statutes is created to read:
SB288,89,1813 48.427 (5) In placing an Indian child in a preadoptive placement following a
14transfer of guardianship and custody under sub. (3m) or (3p) or in placing an Indian
15child in sustaining care under sub. (4), the court or an agency specified in sub. (3m)
16(a) 1. to 4. or (am) shall comply with the order of placement preference under s. 48.028
17(7) (b) or, if applicable, s. 48.028 (7) (c), unless the court or agency finds good cause,
18as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 150 19Section 150. 48.427 (6) (b) 4. of the statutes is created to read:
SB288,89,2220 48.427 (6) (b) 4. If the court knows or has reason to know that the child is an
21Indian child, information relating to the child's membership or eligibility for
22membership in an Indian tribe.
SB288, s. 151 23Section 151. 48.428 (2) (a) of the statutes is amended to read:
SB288,90,1124 48.428 (2) (a) Except as provided in par. (b), when a court places a child in
25sustaining care after an order under s. 48.427 (4), the court shall transfer legal

1custody of the child to the county department, the department , in a county having
2a population of 500,000 or more, or a licensed child welfare agency, transfer
3guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am), and
4place the child in the home of a licensed foster parent, licensed treatment foster
5parent, or kinship care relative with whom the child has resided for 6 months or
6longer. In placing an Indian child in sustaining care, the court shall comply with the
7order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c),
8unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from
9that order.
Pursuant to such a placement, this that licensed foster parent, licensed
10treatment foster parent, or kinship care relative shall be a sustaining parent with
11the powers and duties specified in sub. (3).
SB288, s. 152 12Section 152. 48.428 (2) (a) of the statutes, as affected by 2009 Wisconsin Acts
1328
and .... (this act), is repealed and recreated to read:
SB288,90,2514 48.428 (2) (a) Except as provided in par. (b), when a court places a child in
15sustaining care after an order under s. 48.427 (4), the court shall transfer legal
16custody of the child to the county department, the department in a county having a
17population of 500,000 or more, or a licensed child welfare agency, transfer
18guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am), and
19place the child in the home of a licensed foster parent or kinship care relative with
20whom the child has resided for 6 months or longer. In placing an Indian child in
21sustaining care, the court shall comply with the order of placement preference under
22s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause,
23as described in s. 48.028 (7) (e), for departing from that order. Pursuant to the
24placement, that licensed foster parent or kinship care relative shall be a sustaining
25parent with the powers and duties specified in sub. (3).
SB288, s. 153
1Section 153. 48.428 (2) (b) of the statutes is amended to read:
SB288,91,162 48.428 (2) (b) When a court places a child in sustaining care after an order
3under s. 48.427 (4) with a person who has been appointed as the guardian of the child
4under s. 48.977 (2), the court may transfer legal custody of the child to the county
5department, the department, in a county having a population of 500,000 or more, or
6a licensed child welfare agency, transfer guardianship of the child to an agency listed
7in s. 48.427 (3m) (a) 1. to 4. or (am), and place the child in the home of a licensed foster
8parent, licensed treatment foster parent, or kinship care relative with whom the
9child has resided for 6 months or longer. In placing an Indian child in sustaining
10care, the court shall comply with the order of placement preference under s. 48.028
11(7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described
12in s. 48.028 (7) (e), for departing from that order.
Pursuant to such a placement, that
13licensed foster parent, licensed treatment foster parent, or kinship care relative shall
14be a sustaining parent with the powers and duties specified in sub. (3). If the court
15transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4.
16or (am), the court shall terminate the guardianship under s. 48.977.
SB288, s. 154 17Section 154. 48.428 (2) (b) of the statutes, as affected by 2009 Wisconsin Acts
1828
and .... (this act), is repealed and recreated to read:
SB288,92,719 48.428 (2) (b) When a court places a child in sustaining care after an order
20under s. 48.427 (4) with a person who has been appointed as the guardian of the child
21under s. 48.977 (2), the court may transfer legal custody of the child to the county
22department, the department in a county having a population of 500,000 or more, or
23a licensed child welfare agency, transfer guardianship of the child to an agency listed
24in s. 48.427 (3m) (a) 1. to 4. or (am), and place the child in the home of a licensed foster
25parent or kinship care relative with whom the child has resided for 6 months or

1longer. In placing an Indian child in sustaining care, the court shall comply with the
2order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c),
3unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from
4that order. Pursuant to the placement, that licensed foster parent or kinship care
5relative shall be a sustaining parent with the powers and duties specified in sub. (3).
6If the court transfers guardianship of the child to an agency listed in s. 48.427 (3m)
7(a) 1. to 4. or (am), the court shall terminate the guardianship under s. 48.977.
SB288, s. 155 8Section 155. 48.43 (5) (bm) of the statutes is created to read:
SB288,92,179 48.43 (5) (bm) If the order under sub. (1) involuntarily terminated parental
10rights to an Indian child, the court shall also provide notice of the hearing under par.
11(b) to the Indian child's tribe in the manner specified in s. 48.028 (4) (a). No hearing
12may be held under par. (b) until at least 10 days after receipt of notice of the hearing
13by the Indian child's tribe or, if the identity or location of the Indian child's tribe
14cannot be determined, until at least 10 days after receipt of notice of the hearing by
15the U.S. secretary of the interior. On request of the Indian child's tribe, the court
16shall grant a continuance of up to 20 additional days to enable the tribe to prepare
17for the hearing.
SB288, s. 156 18Section 156. 48.43 (5) (c) of the statutes is amended to read:
SB288,93,619 48.43 (5) (c) Following the hearing, the court shall make all of the
20determinations specified under s. 48.38 (5) (c), except the determinations relating to
21the child's parents. The court may amend the order under sub. (1) to transfer the
22child's guardianship and custody to any agency specified under s. 48.427 (3m) (a) 1.
23to 4. or (am) that consents to the transfer, if the court determines that the transfer
24is in the child's best interest. If an Indian child's guardianship and custody are
25transferred under this paragraph, the agency consenting to the transfer shall comply

1with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s.
248.028 (7) (c) in placing the child, unless the agency finds good cause, as described
3in s. 48.028 (7) (e), for departing from that order.
If an order is amended, the agency
4that prepared the permanency plan shall revise the plan to conform to the order and
5shall file a copy of the revised plan with the court. Each plan filed under this
6paragraph shall be made a part of the court order.
SB288, s. 157 7Section 157. 48.43 (5m) of the statutes is amended to read:
SB288,93,138 48.43 (5m) Either the court or the agency that prepared the permanency plan
9shall furnish a copy of the original plan and each revised plan to the child, if he or
10she is 12 years of age or over, and to the child's foster parent, the child's treatment
11foster parent, or the operator of the facility in which the child is living, and, if the
12order under sub. (1) involuntarily terminated parental rights to an Indian child, to
13the Indian child's tribe
.
SB288, s. 158 14Section 158. 48.43 (5m) of the statutes, as affected by 2009 Wisconsin Acts 28
15and .... (this act), is repealed and recreated to read:
SB288,93,2016 48.43 (5m) Either the court or the agency that prepared the permanency plan
17shall furnish a copy of the original plan and each revised plan to the child, if he or
18she is 12 years of age or over, to the child's foster parent or the operator of the facility
19in which the child is living, and, if the order under sub. (1) involuntarily terminated
20parental rights to an Indian child, to the Indian child's tribe.
SB288, s. 159 21Section 159. 48.43 (6) (a) of the statutes is amended to read:
SB288,94,422 48.43 (6) (a) Judgments under this subchapter terminating parental rights are
23final and are appealable under s. 808.03 (1) according to the procedure specified in
24s. 809.107 and are subject to a petition for rehearing or a motion for relief only as
25provided in s. 48.46 (1m) and (2) and, in the case of an Indian child, s. 48.028 (5) (c)

1and (6)
. The attorney representing a person during a proceeding under this
2subchapter shall continue representation of that person by filing a notice of intent
3to appeal under s. 809.107 (2), unless the attorney has been previously discharged
4during the proceeding by the person or by the trial court.
SB288, s. 160 5Section 160. 48.43 (6) (c) of the statutes is amended to read:
SB288,94,106 48.43 (6) (c) In Except as provided in s. 48.028 (5) (c) and (6), in no event may
7any person, for any reason, collaterally attack a judgment terminating parental
8rights more than one year after the date on which the time period for filing an appeal
9from the judgment has expired, or more than one year after the date on which all
10appeals from the judgment, if any were filed, have been decided, whichever is later.
SB288, s. 161 11Section 161. 48.46 (2) of the statutes is amended to read:
SB288,95,212 48.46 (2) A parent who has consented to the termination of his or her parental
13rights under s. 48.41 or who did not contest the petition initiating the proceeding in
14which his or her parental rights were terminated may move the court for relief from
15the judgment on any of the grounds specified in s. 806.07 (1) (a), (b), (c), (d) or (f). Any
16such motion shall be filed within 30 days after the entry of the judgment or order
17terminating parental rights, unless the parent files a timely notice of intent to
18pursue relief from the judgment under s. 808.04 (7m), in which case the motion shall
19be filed within the time permitted by s. 809.107 (5). A motion under this subsection
20does not affect the finality or suspend the operation of the judgment or order
21terminating parental rights. A parent who has consented to the termination of his
22or her parental rights to an Indian child under s. 48.41 (2) (e) may also move for relief
23from the judgment under s. 48.028 (5) (c) or (6).
Motions under this subsection or s.
2448.028 (5) (c) or (6)
and appeals to the court of appeals shall be the exclusive remedies

1for such a parent to obtain a new hearing in a termination of parental rights
2proceeding.
SB288, s. 162 3Section 162. 48.48 (3m) (intro.) of the statutes is amended to read:
SB288,95,64 48.48 (3m) (intro.) To accept appointment by an American Indian a tribal court
5in this state as guardian of a child for the purpose of making an adoptive placement
6for the child if all of the following conditions exist:
SB288, s. 163 7Section 163. 48.48 (8m) of the statutes is amended to read:
SB288,95,108 48.48 (8m) To enter into agreements with American Indian tribes in this state
9to implement the Indian child welfare act federal Indian Child Welfare Act, 25 USC
101911
1901 to 1963.
SB288, s. 164 11Section 164. 48.485 of the statutes is amended to read:
SB288,95,21 1248.485 Transfer of tribal Indian children to department for adoption.
13If the department accepts guardianship or legal custody or both from an American
14Indian
a tribal court under s. 48.48 (3m), the department shall seek a permanent
15adoptive placement for the child. If a permanent adoptive placement is not in
16progress within 2 years after entry of the termination of parental rights order by the
17tribal court, the department may petition the tribal court to transfer legal custody
18or guardianship of the Indian child back to the Indian tribe, except that the
19department may not petition the tribal court to transfer back to a an Indian tribe
20legal custody or guardianship of a an Indian child who was initially taken into
21custody under s. 48.195 (1).
SB288, s. 165 22Section 165. 48.487 (2) of the statutes is amended to read:
SB288,96,623 48.487 (2) Adolescent self-sufficiency services. From the allocation under
24sub. (1m), the department may provide a grant annually in the amount of $85,000
25to the elected governing body of a federally recognized American an Indian tribe or

1band
to provide services for adolescent parents which shall emphasize high school
2graduation and vocational preparation, training, and experience and may be
3structured so as to strengthen the adolescent parent's capacity to fulfill parental
4responsibilities by developing social skills and increasing parenting skills. The
5Indian tribe or band seeking to receive a grant to provide these services shall develop
6a proposed service plan that is approved by the department.
SB288, s. 166 7Section 166. 48.487 (3) (b) of the statutes is amended to read:
SB288,96,148 48.487 (3) (b) From the allocation under sub. (1m), the department may provide
9a grant annually in the amount of $65,000 to the elected governing body of a federally
10recognized American
an Indian tribe or band to provide to high-risk adolescents
11pregnancy and parenthood prevention services which shall be structured so as to
12increase development of decision-making and communications skills, promote
13graduation from high school, and expand career and other options and which may
14address needs of adolescents with respect to pregnancy prevention.
SB288, s. 167 15Section 167. 48.487 (4m) (b) (intro.) of the statutes is amended to read:
SB288,96,2216 48.487 (4m) (b) (intro.) From the allocation under sub. (1m), the department
17may provide a grant annually in the amount of $60,000 to the elected governing body
18of a federally recognized American an Indian tribe or band for the provision of
19information to members of the Indian tribe or band in order to increase community
20knowledge about problems of adolescents and information to and activities for
21adolescents, particularly female adolescents, in order to enable the adolescents to
22develop skills with respect to all of the following:
SB288, s. 168 23Section 168. 48.487 (4m) (c) of the statutes is amended to read:
SB288,97,224 48.487 (4m) (c) Each funded tribal project under par. (b) shall provide services
25in areas of the state as approved by the Indian tribe or band and the department.

1The department shall determine the boundaries of the regional areas prior to
2soliciting project grant applications.
SB288, s. 169 3Section 169. 48.487 (4m) (d) of the statutes is amended to read:
SB288,97,74 48.487 (4m) (d) Prior to making grants to applying Indian tribes or bands
5under par. (b), the department shall consider whether and how the applying Indian
6tribe or band proposes to coordinate its services with other public or private
7resources, programs, or activities in the region and the state.
SB288, s. 170 8Section 170. 48.563 (3) of the statutes is amended to read:
SB288,97,149 48.563 (3) Tribal child care. For child care services under 42 USC 9858, the
10department shall distribute not more than $412,800 in each fiscal year from the
11appropriation account under s. 20.437 (1) (b) to federally recognized American
12Indian tribes or bands. A tribe or band. An Indian tribe that receives funding under
13this subsection shall use that funding to provide child care for an eligible child, as
14defined in 42 USC 9858n (4).
SB288, s. 171 15Section 171. 48.565 (intro.) of the statutes is amended to read:
SB288,97,22 1648.565 Carry-over of children and family aids funds. (intro.) Funds
17allocated by the department under s. 48.569 (1) (d) but not spent or encumbered by
18counties, governing bodies of federally recognized American Indian tribes, or private
19nonprofit organizations by December 31 of each year and funds recovered under s.
2048.569 (2) (b) and deposited into the appropriation account under s. 20.437 (1) (b)
21lapse to the general fund on the succeeding January 1 unless carried forward to the
22next calendar year under s. 20.437 (1) (b) or as follows:
SB288, s. 172 23Section 172. 48.57 (3p) (h) 2. of the statutes is amended to read:
SB288,98,624 48.57 (3p) (h) 2. The request for review shall be filed with the director of the
25county department or, in a county having a population of 500,000 or more, with the

1person designated by the secretary to receive requests for review filed under this
2subdivision. If the governing body of a federally recognized American an Indian
3tribe or band has entered into an agreement under sub. (3t) to administer the
4program under this subsection and sub. (3m), the request for review shall be filed
5with the person designated by that governing body to receive requests for review filed
6under this subdivision.
SB288, s. 173 7Section 173. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:
SB288,98,188 48.57 (3p) (h) 3. (intro.) The director of the county department, the person
9designated by the governing body of a federally recognized American an Indian tribe
10or band or, in a county having a population of 500,000 or more, the person designated
11by the secretary shall review the denial of payments or the prohibition on
12employment or being an adult resident to determine if the conviction record on which
13the denial or prohibition is based includes any arrests, convictions, or penalties that
14are likely to adversely affect the child or the ability of the kinship care relative to care
15for the child. In reviewing the denial or prohibition, the director of the county
16department, the person designated by the governing body of the federally recognized
17American
Indian tribe or band or the person designated by the secretary shall
18consider all of the following factors:
SB288, s. 174 19Section 174. 48.57 (3p) (h) 4. of the statutes is amended to read:
SB288,99,720 48.57 (3p) (h) 4. If the director of the county department, the person designated
21by the governing body of the federally recognized American Indian tribe or band or,
22in a county having a population of 500,000 or more, the person designated by the
23secretary determines that the conviction record on which the denial of payments or
24the prohibition on employment or being an adult resident is based does not include
25any arrests, convictions, or penalties that are likely to adversely affect the child or

1the ability of the kinship care relative to care for the child, the director of the county
2department, the person designated by the governing body of the federally recognized
3American
Indian tribe or band, or the person designated by the secretary may
4approve the making of payments under sub. (3m) or may permit a person receiving
5payments under sub. (3m) to employ a person in a position in which that person
6would have regular contact with the child for whom payments are being made or
7permit a person to be an adult resident.
SB288, s. 175 8Section 175. 48.57 (3t) of the statutes is amended to read:
SB288,99,199 48.57 (3t) Notwithstanding subs. (3m), (3n), and (3p), the department may
10enter into an agreement with the governing body of a federally recognized American
11an Indian tribe or band to allow that governing body to administer the program
12under subs. (3m), (3n), and (3p) within the boundaries of that the reservation of the
13Indian tribe
. Any agreement under this subsection relating to the administration
14of the program under sub. (3m) shall specify the person with whom a request for
15review under sub. (3p) (h) 2. may be filed and the person who has been designated
16by the governing body to conduct the review under sub. (3p) (h) 3. and make the
17determination under sub. (3p) (h) 4. Any agreement under this subsection relating
18to the administration of the program under sub. (3n) shall specify who is to make any
19determination as to whether a conviction record is satisfactory.
SB288, s. 176 20Section 176. 48.63 (1) of the statutes is amended to read:
SB288,99,2521 48.63 (1) Acting under court order or voluntary agreement, the child's parent
22or, guardian, or Indian custodian, or the department, the department of corrections,
23a county department, or a child welfare agency licensed to place children in foster
24homes, treatment foster homes, or group homes may place a child or negotiate or act
25as intermediary for the placement of a child in a foster home, treatment foster home,

1or group home. Voluntary agreements under this subsection may not be used for
2placements in facilities other than foster, treatment foster, or group homes and may
3not be extended. A foster home or treatment foster home placement under a
4voluntary agreement may not exceed 180 days from the date on which the child was
5removed from the home under the voluntary agreement. A group home placement
6under a voluntary agreement may not exceed 15 days from the date on which the
7child was removed from the home under the voluntary agreement, except as provided
8in sub. (5). These time periods do not apply to placements made under s. 48.345,
9938.183, 938.34, or 938.345. Voluntary agreements may be made only under this
10subsection and sub. (5) (b) and shall be in writing and shall specifically state that the
11agreement may be terminated at any time by the parent or , guardian, or Indian
12custodian
or by the child if the child's consent to the agreement is required. In the
13case of an Indian child who is placed under this subsection by the voluntary
14agreement of the Indian child's parent or Indian custodian, the voluntary consent of
15the parent or Indian custodian to the placement shall be given as provided in s.
1648.028 (5) (a).
The child's consent to the agreement is required whenever the child
17is 12 years of age or older. If a county department, the department, or the department
18of corrections places a child or negotiates or acts as intermediary for the placement
19of a child under this subsection, the voluntary agreement shall also specifically state
20that the county department, department, or department of corrections has
21placement and care responsibility for the child as required under 42 USC 672 (a) (2)
22and has primary responsibility for providing services to the child.
SB288, s. 177 23Section 177. 48.63 (1) of the statutes, as affected by 2009 Wisconsin Acts 28
24and .... (this act), is repealed and recreated to read:
SB288,102,2
148.63 (1) Acting under court order or voluntary agreement, the child's parent,
2guardian, or Indian custodian, or the department, the department of corrections, a
3county department, or a child welfare agency licensed to place children in foster
4homes or group homes may place a child or negotiate or act as intermediary for the
5placement of a child in a foster home or group home. Voluntary agreements under
6this subsection may not be used for placements in facilities other than foster homes
7or group homes and may not be extended. A foster home placement under a
8voluntary agreement may not exceed 180 days from the date on which the child was
9removed from the home under the voluntary agreement. A group home placement
10under a voluntary agreement may not exceed 15 days from the date on which the
11child was removed from the home under the voluntary agreement, except as provided
12in sub. (5). These periods do not apply to placements made under s. 48.345, 938.183,
13938.34, or 938.345. Voluntary agreements may be made only under this subsection
14and sub. (5) (b) and shall be in writing and shall specifically state that the agreement
15may be terminated at any time by the parent, guardian, or Indian custodian or by
16the child if the child's consent to the agreement is required. In the case of an Indian
17child who is placed under this subsection by the voluntary agreement of the Indian
18child's parent or Indian custodian, the voluntary consent of the parent or Indian
19custodian to the placement shall be given as provided in s. 48.028 (5) (a). The child's
20consent to the agreement is required whenever the child is 12 years of age or older.
21If a county department, the department, or the department of corrections places a
22child or negotiates or acts as intermediary for the placement of a child under this
23subsection, the voluntary agreement shall also specifically state that the county
24department, department, or department of corrections has placement and care

1responsibility for the child as required under 42 USC 672 (a) (2) and has primary
2responsibility for providing services to the child.
SB288, s. 178 3Section 178. 48.63 (3) (b) 1. of the statutes is amended to read:
SB288,102,134 48.63 (3) (b) 1. At the request of a parent having custody of a child and the
5proposed adoptive parent or parents of the child, the department, a county
6department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under
7s. 48.60 may place the child in the home of the proposed adoptive parent or parents
8prior to termination of parental rights to the child as provided in subd. 2. or 3.,
9whichever is applicable, and subd. 4. In placing an Indian child for adoption under
10this subdivision, the department, county department, or child welfare agency shall
11comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable,
12s. 48.028 (7) (c), unless the department, county department, or child welfare agency
13finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 179 14Section 179. 48.63 (4) of the statutes is amended to read:
SB288,103,215 48.63 (4) A permanency plan under s. 48.38 is required for each child placed
16in a foster home or treatment foster home under sub. (1). If the child is living in a
17foster home or treatment foster home under a voluntary agreement, the agency that
18negotiated or acted as intermediary for the placement shall prepare the permanency
19plan within 60 days after the date on which the child was removed from his or her
20home under the voluntary agreement. A copy of each plan shall be provided to the
21child if he or she is 12 years of age or over and to the child's parent or, guardian, or
22Indian custodian
. If the agency that arranged the voluntary placement intends to
23seek a court order to place the child outside of his or her home at the expiration of
24the voluntary placement, the agency shall prepare a revised permanency plan and

1file that revised plan with the court prior to the date of the hearing on the proposed
2placement.
SB288, s. 180 3Section 180. 48.63 (4) of the statutes, as affected by 2009 Wisconsin Acts 28
4and .... (this act), is repealed and recreated to read:
SB288,103,155 48.63 (4) A permanency plan under s. 48.38 is required for each child placed
6in a foster home under sub. (1). If the child is living in a foster home under a
7voluntary agreement, the agency that negotiated or acted as intermediary for the
8placement shall prepare the permanency plan within 60 days after the date on which
9the child was removed from his or her home under the voluntary agreement. A copy
10of each plan shall be provided to the child if he or she is 12 years of age or over and
11to the child's parent, guardian, or Indian custodian. If the agency that arranged the
12voluntary placement intends to seek a court order to place the child outside of his or
13her home at the expiration of the voluntary placement, the agency shall prepare a
14revised permanency plan and file that revised plan with the court prior to the date
15of the hearing on the proposed placement.
SB288, s. 181 16Section 181. 48.63 (5) (b) of the statutes is amended to read:
SB288,104,1017 48.63 (5) (b) If a child who is at least 14 years of age, who is a custodial parent,
18as defined in s. 49.141 (1) (b), or an expectant mother, and who is in need of a safe
19and structured living arrangement and the parent or, guardian, or Indian custodian
20of the child consent, a child welfare agency licensed to place children in group homes
21may place the child or arrange the placement of the child in a group home described
22in s. 48.625 (1m). Before placing a child or arranging the placement of a child under
23this paragraph, the child welfare agency shall report any suspected abuse or neglect
24of the child as required under s. 48.981 (2). A voluntary agreement to place a child
25in a group home described in s. 48.625 (1m) may be made only under this paragraph,

1shall be in writing, and shall specifically state that the agreement may be terminated
2at any time by the parent, guardian, Indian custodian, or child. In the case of an
3Indian child who is placed in a group home under this paragraph by the voluntary
4agreement of the Indian child's parent or Indian custodian, the voluntary consent of
5the parent or Indian custodian to the placement shall be given as provided in s.
648.028 (5) (a).
An initial placement under this paragraph may not exceed 180 days
7from the date on which the child was removed from the home under the voluntary
8agreement, but may be extended as provided in par. (d) 3. to 6. An initial placement
9under this paragraph of a child who is under 16 years of age on the date of the initial
10placement may be extended as provided in par. (d) 3. to 6. no more than once.
SB288, s. 182 11Section 182. 48.63 (5) (c) of the statutes is amended to read:
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