AB599-ASA1,40,11
1(5) Removal from foster home or other physical custodian. If a hearing is
2held under sub. (2) (c) and the trial reunification would remove a juvenile from a
3foster home or other placement with a physical custodian described in s. 48.62 (2),
4the court shall give the foster parent or other physical custodian a right to be heard
5at the hearing by permitting the foster parent or other physical custodian to make
6a written or oral statement during the hearing or to submit a written statement prior
7to the hearing relating to the juvenile and the requested trial reunification. A foster
8parent or other physical custodian described in s. 48.62 (2) who receives notice of a
9hearing under sub. (2) (c) and a right to be heard under this subsection does not
10become a party to the proceeding on which the hearing is held solely on the basis of
11receiving that notice and right to be heard.
AB599-ASA1,40,17 12(6) Prohibited trial reunifications based on homicide of parent. (a)
13Prohibition. Except as provided in par. (c), the court may not order a trial
14reunification in the home of a person who has been convicted under s. 940.01 of the
15first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
16homicide, of a parent of the juvenile, if the conviction has not been reversed, set aside,
17or vacated.
AB599-ASA1,40,2418 (b) Revocation. Except as provided in par. (c), if a parent in whose home a
19juvenile is placed for a trial reunification is convicted under s. 940.01 of the
20first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
21homicide, of the juvenile's other parent, and the conviction has not been reversed, set
22aside, or vacated, the court shall revoke the trial reunification and the juvenile shall
23be returned to his or her previous out-of-home placement or, pursuant to s. 938.357,
24placed in a new out-of-home placement.
AB599-ASA1,41,4
1(c) Exception. Paragraphs (a) and (b) do not apply if the court determines by
2clear and convincing evidence that the placement would be in the best interests of
3the juvenile. The court shall consider the wishes of the juvenile in making that
4determination.
AB599-ASA1, s. 72 5Section 72. 938.363 (1) (a) of the statutes is amended to read:
AB599-ASA1,41,206 938.363 (1) (a) A juvenile, the juvenile's parent, guardian, or legal custodian,
7any person or agency bound by a dispositional order, the district attorney or
8corporation counsel in the county in which the dispositional order was entered or, if
9the juvenile is an Indian juvenile who is in need of protection or services under s.
10938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian may request a
11revision in the order that does not involve a change in placement or a trial
12reunification
, including a revision with respect to the amount of child support to be
13paid by a parent. The court may also propose a revision. The request or court
14proposal shall set forth in detail the nature of the proposed revision and what new
15information is available that affects the advisability of the court's disposition. The
16request or court proposal shall be submitted to the court. The court shall hold a
17hearing on the matter prior to any revision of the dispositional order if the request
18or court proposal indicates that new information is available that affects the
19advisability of the court's dispositional order, unless written waivers of objections to
20the revision are signed by all parties entitled to receive notice and the court approves.
AB599-ASA1, s. 73 21Section 73. 938.365 (2g) (b) 2. of the statutes is amended to read:
AB599-ASA1,42,222 938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement
23and of any progress the juvenile has made, suggestions for amendment of the
24permanency plan, and specific information showing the efforts that have been made
25to achieve the permanency goal of the permanency plan, including, if applicable, the

1efforts of the parents to remedy the factors that contributed to the juvenile's
2placement.
AB599-ASA1, s. 74 3Section 74. 938.365 (2g) (b) 3. of the statutes is amended to read:
AB599-ASA1,42,244 938.365 (2g) (b) 3. If the juvenile has been placed outside of his or her home
5in a foster home, group home, nonsecured residential care center for children and
6youth, or shelter care facility for 15 of the most recent 22 months, not including any
7period during which the juvenile was a runaway from the out-of-home placement
8or the first 6 months of any period during which the juvenile was returned to his or
9her
was residing in a trial reunification home for a trial home visit, a statement of
10whether or not a recommendation has been made to terminate the parental rights
11of the parents of the juvenile. If a recommendation for a termination of parental
12rights has been made, the statement shall indicate the date on which the
13recommendation was made, any previous progress made to accomplish the
14termination of parental rights, any barriers to the termination of parental rights,
15specific steps to overcome the barriers and when the steps will be completed, reasons
16why adoption would be in the best interest of the juvenile and whether or not the
17juvenile should be registered with the adoption information exchange. If a
18recommendation for termination of parental rights has not been made, the
19statement shall include an explanation of the reasons why a recommendation for
20termination of parental rights has not been made. If the lack of appropriate adoptive
21resources is the primary reason for not recommending a termination of parental
22rights, the agency shall recommend that the juvenile be registered with the adoption
23information exchange or report the reason why registering the juvenile is contrary
24to the best interest of the juvenile.
AB599-ASA1, s. 75 25Section 75. 938.365 (2m) (a) 1. of the statutes is amended to read:
AB599-ASA1,43,11
1938.365 (2m) (a) 1. Any party may present evidence relevant to the issue of
2extension. If the juvenile is placed outside of his or her home, the person or agency
3primarily responsible for providing services to the juvenile shall present as evidence
4specific information showing that the person or agency has made reasonable efforts
5to achieve the permanency goal of the juvenile's permanency plan, including, if
6appropriate, through an out-of-state placement,. If an Indian juvenile is placed
7outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6),
8(6m), or (7), the person or agency primarily responsible for providing services to the
9Indian juvenile shall also present as evidence specific information showing that
10active efforts under s. 938.028 (4) (d) 2. have been made to prevent the breakup of
11the Indian juvenile's family and that those efforts have proved unsuccessful.
AB599-ASA1, s. 76 12Section 76. 938.365 (2m) (a) 1m. of the statutes is amended to read:
AB599-ASA1,43,2213 938.365 (2m) (a) 1m. The court shall make findings of fact and conclusions of
14law based on the evidence. The findings of fact shall include a finding as to whether
15reasonable efforts were made by the person or agency primarily responsible for
16providing services to the juvenile to achieve the permanency goal of the juvenile's
17permanency plan, including, if appropriate, through an out-of-state placement,. If
18the juvenile is an Indian juvenile who is placed outside the home of his or her parent
19or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the findings of fact shall also
20include a finding that active efforts under s. 938.028 (4) (d) 2. were made to prevent
21the breakup of the Indian juvenile's family and that those efforts have proved
22unsuccessful. An order shall be issued under s. 938.355.
AB599-ASA1, s. 77 23Section 77. 938.365 (2m) (a) 3. of the statutes is amended to read:
AB599-ASA1,44,724 938.365 (2m) (a) 3. The court shall make the findings under subd. 1m. relating
25to reasonable efforts to achieve the permanency goal of the juvenile's permanency

1plan and the findings under subd. 2. on a case-by-case basis based on circumstances
2specific to the juvenile and shall document or reference the specific information on
3which those findings are based in the order issued under s. 938.355. An order that
4merely references subd. 1m. or 2. without documenting or referencing that specific
5information in the order or an amended order that retroactively corrects an earlier
6order that does not comply with this subdivision is not sufficient to comply with this
7subdivision.
AB599-ASA1, s. 78 8Section 78. 938.365 (2m) (ad) of the statutes is amended to read:
AB599-ASA1,44,139 938.365 (2m) (ad) If the court finds that any of the circumstances under s.
10938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
11under s. 938.38 (4m) within 30 days after the date of that finding to determine the
12permanency plan goal and, if applicable, any concurrent permanency goals for the
13juvenile.
AB599-ASA1, s. 79 14Section 79. 938.365 (7) of the statutes is amended to read:
AB599-ASA1,44,1915 938.365 (7) Changes in placement and trial reunifications not permitted.
16Nothing in this section may be construed to allow any changes in placement, trial
17reunification,
or revocation of aftercare supervision. Revocation and other changes
18in placement may take place only under s. 938.357, and trial reunifications may take
19place only under s. 938.358
.
AB599-ASA1, s. 80 20Section 80. 938.371 (5) of the statutes is amended to read:
AB599-ASA1,45,221 938.371 (5) Confidentiality of information. Except as permitted under s.
22252.15 (6), a foster parent, treatment foster parent, relative, or operator of a group
23home, residential care center for children and youth, or juvenile correctional facility
24that receives any information under sub. (1) or (3), other than the information
25described in sub. (3) (e), shall keep the information confidential and may disclose that

1information only for the purposes of providing care for the juvenile or participating
2in a court hearing or permanency plan review concerning the juvenile.
AB599-ASA1, s. 81 3Section 81. 938.38 (2) (intro.) of the statutes is amended to read:
AB599-ASA1,45,124 938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3),
5for each juvenile living in a foster home, group home, residential care center for
6children and youth, juvenile detention facility, or shelter care facility, the agency that
7placed the juvenile or arranged the placement or the agency assigned primary
8responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g. shall
9prepare a written permanency plan, if any of the following conditions exists, and, for
10each juvenile living in the home of a guardian or a relative other than a parent, that
11agency shall prepare a written permanency plan, if any of the conditions under pars.
12(a) to (e) exists:
AB599-ASA1, s. 82 13Section 82. 938.38 (4) (ar) of the statutes is amended to read:
AB599-ASA1,45,2114 938.38 (4) (ar) A description of the services offered and any services provided
15in an effort to prevent the removal of the juvenile from his or her home, while
16assuring that the health and safety of the juvenile are the paramount concerns, and
17to achieve the goal of the permanency plan, except that the permanency plan is not
18required to include a description of the services offered or provided with respect to
19a parent of the juvenile to prevent the removal of the juvenile from the home or to
20achieve the permanency plan goal of returning the juvenile safely to his or her home
21if any of the circumstances under s. 938.355 (2d) (b) 1. to 4. apply to that parent.
AB599-ASA1, s. 83 22Section 83. 938.38 (4) (f) 3. of the statutes is amended to read:
AB599-ASA1,46,223 938.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe
24return of the juvenile to his or her home, or, if appropriate, obtain an alternative
25permanent placement
for the juvenile a placement for adoption, with a guardian,

1with a fit and willing relative, or in some other planned permanent living
2arrangement that includes an appropriate, enduring relationship with an adult
.
AB599-ASA1, s. 84 3Section 84. 938.38 (4) (fg) (intro.) of the statutes is amended to read:
AB599-ASA1,46,184 938.38 (4) (fg) (intro.) The goal of the permanency plan or, if the agency is
5making concurrent reasonable efforts under engaging in concurrent planning, as
6defined in
s. 938.355 (2b) (a), the permanency and concurrent permanency goals of
7the permanency plan. If a goal of the permanency plan is any goal other than return
8of the juvenile to his or her home
to place the juvenile for adoption, with a guardian,
9or with a fit and willing relative
, the permanency plan shall include the rationale for
10deciding on that goal. If a goal of the permanency plan is an alternative permanent
11placement under subd. 5., the permanency plan shall document a compelling reason
12why it would not be in the best interest of the juvenile to pursue a goal specified in
13subds. 1. to 4.
and the efforts made to achieve that goal, including, if appropriate,
14through an out-of-state placement. If the agency determines under s. 938.355 (2b)
15(b) to engage in concurrent planning, the permanency plan shall include the
16rationale for that determination and a description of the concurrent plan.
The
17agency shall determine one or more of the following goals to be the goal or goals of
18a juvenile's permanency plan:
AB599-ASA1, s. 85 19Section 85. 938.38 (4) (fg) 5. of the statutes is amended to read:
AB599-ASA1,46,2320 938.38 (4) (fg) 5. Some As provided in par. (fm), some other alternative planned
21permanent placement living arrangement that includes an appropriate, enduring
22relationship with an adult
, including sustaining care, independent living, or
23long-term foster care, but not including independent living.
AB599-ASA1, s. 86 24Section 86. 938.38 (4) (fm) of the statutes is amended to read:
AB599-ASA1,47,12
1938.38 (4) (fm) If the goal of the permanency plan is to agency determines that
2there is a compelling reason why it currently would not be in the best interests of the
3juvenile to return the juvenile to his or her home or to
place the juvenile for adoption,
4with a guardian, or with a fit and willing relative , or as the permanency goal for the
5juvenile, the permanency goal of placing the juvenile
in some other alternative
6planned permanent placement, living arrangement described in par. (fg) 5. If the
7agency makes that determination, the plan shall include
the efforts made to achieve
8that permanency goal, including, if appropriate, through an out-of-state
9placement., a statement of that compelling reason, and, notwithstanding that
10compelling reason, a concurrent plan under s. 938.355 (2b) towards achieving a goal
11under par. (fg) 1. to 4. as a concurrent permanency goal in addition to the permanency
12goal under par. (fg) 5.
AB599-ASA1, s. 87 13Section 87. 938.38 (4) (i) of the statutes is amended to read:
AB599-ASA1,47,2114 938.38 (4) (i) A statement as to whether the juvenile's age and developmental
15level are sufficient for the court to consult with the juvenile at the permanency plan
16determination
hearing under sub. (4m) (c) or at the permanency plan hearing under
17sub.
(5m) (c) 2. or for the court or panel to consult with the juvenile at the permanency
18plan review under sub. (5) (bm) 2. and, if a decision is made that it would not be age
19appropriate or developmentally appropriate for the court to consult with the
20juvenile, a statement as to why consultation with the juvenile would not be
21appropriate.
AB599-ASA1, s. 88 22Section 88. 938.38 (4m) (title) of the statutes is amended to read:
AB599-ASA1,47,2423 938.38 (4m) (title) Reasonable efforts not required; Permanency
24permanency
plan determination hearing.
AB599-ASA1, s. 89 25Section 89. 938.38 (5) (title) of the statutes is amended to read:
AB599-ASA1,48,1
1938.38 (5) (title) Plan Permanency review.
AB599-ASA1, s. 90 2Section 90. 938.38 (5) (a) of the statutes is amended to read:
AB599-ASA1,48,133 938.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel
4appointed under par. (ag) shall review the permanency plan in the manner provided
5in this subsection not later than 6 months after the date on which the juvenile was
6first removed from his or her home and every 6 months after a previous review under
7this subsection for as long as the juvenile is placed outside the home, except that for
8the review that is required to be conducted not later than 12 months after the
9juvenile was first removed from his or her home and the reviews that are required
10to be conducted every 12 months after that review, the court shall hold a hearing
11under sub. (5m) to review the permanency plan. The hearing may be instead of or
12in addition to the review under this subsection. The 6-month and 12-month periods
13referred to in this paragraph include trial reunifications under s. 938.358.
AB599-ASA1, s. 91 14Section 91. 938.38 (5) (am) of the statutes is amended to read:
AB599-ASA1,48,1915 938.38 (5) (am) The court may appoint an independent agency to designate a
16panel to conduct a permanency plan review under par. (a). If the court appoints an
17independent agency under this paragraph, the county department of the county of
18the court shall authorize and contract for the purchase of services from the
19independent agency.
AB599-ASA1, s. 92 20Section 92. 938.38 (5) (c) 5. of the statutes is amended to read:
AB599-ASA1,48,2421 938.38 (5) (c) 5. The date by which it is likely that the juvenile will be returned
22to his or her home or placed for adoption, with a guardian, with a fit and willing
23relative,
or in some other alternative planned permanent placement living
24arrangement that includes an appropriate, enduring relationship with an adult
.
AB599-ASA1, s. 93 25Section 93. 938.38 (5) (c) 5m. of the statutes is created to read:
AB599-ASA1,49,7
1938.38 (5) (c) 5m. The continuing appropriateness, according to standards
2established by the department, of the permanency goal and, if the court or panel
3considers appropriate, any concurrent permanency goals for the juvenile. If the court
4or panel does not approve of any of those goals or if the court or panel determines that
5a concurrent permanency goal is appropriate, the court or panel shall determine the
6permanency goal and, if appropriate, any concurrent permanency goals for the
7juvenile.
AB599-ASA1, s. 94 8Section 94. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:
AB599-ASA1,49,169 938.38 (5) (c) 6. (intro.) If the juvenile has been placed outside of his or her
10home, as described in s. 938.365 (1), in a foster home, group home, nonsecured
11residential care center for children and youth, or shelter care facility for 15 of the
12most recent 22 months, not including any period during which the juvenile was a
13runaway from the out-of-home placement or the first 6 months of any period during
14which the juvenile was returned to his or her
was residing in a trial reunification
15home for a trial home visit, the appropriateness of the permanency plan and the
16circumstances which prevent the juvenile from any of the following:
AB599-ASA1, s. 95 17Section 95. 938.38 (5) (c) 6. d. of the statutes is amended to read:
AB599-ASA1,49,2118 938.38 (5) (c) 6. d. Being placed in some other alternative planned permanent
19placement living arrangement that includes an appropriate, enduring relationship
20with an adult
, including sustaining care, independent living, or long-term foster
21care, but not including independent living.
AB599-ASA1, s. 96 22Section 96. 938.38 (5) (c) 7. of the statutes is amended to read:
AB599-ASA1,49,2523 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve
24the permanency goal of the permanency plan, including, if appropriate, through an
25out-of-state placement,.
AB599-ASA1, s. 97
1Section 97. 938.38 (5) (f) of the statutes is amended to read:
AB599-ASA1,50,62 938.38 (5) (f) If the summary prepared under par. (e) indicates that the review
3panel made recommendations that conflict with the court juvenile's dispositional
4order or that provide for additional services not specified in the court dispositional
5order, the agency primarily responsible for providing services to the juvenile shall
6request a revision of the court dispositional order.
AB599-ASA1, s. 98 7Section 98. 938.38 (5m) (title) of the statutes is amended to read:
AB599-ASA1,50,88 938.38 (5m) (title) Permanency plan hearing.
AB599-ASA1, s. 99 9Section 99. 938.38 (5m) (a) of the statutes is amended to read:
AB599-ASA1,50,1510 938.38 (5m) (a) The court shall hold a hearing to review the permanency plan
11and to make the determinations specified in sub. (5) (c) no later than 12 months after
12the date on which the juvenile was first removed from the home and every 12 months
13after a previous hearing under this subsection for as long as the juvenile is placed
14outside the home. The 12-month periods referred to in this paragraph include trial
15reunifications under s. 938.358.
AB599-ASA1, s. 100 16Section 100. 938.38 (5m) (b) of the statutes is amended to read:
AB599-ASA1,51,417 938.38 (5m) (b) Not less than 30 days before the date of the hearing, the court
18shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; and the
19juvenile's foster parent, the operator of the facility in which the juvenile is living, or
20the relative with whom the juvenile is living; of the time, place, and purpose of the
21hearing, of the issues to be determined at the hearing, and of the fact that they shall
22have a right to be heard at the hearing as provided in par. (c) 1. and shall notify
the
23juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the
24permanency plan; the person representing the interests of the public; and, if the
25juvenile is an Indian juvenile who is placed outside the home of his or her parent or

1Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
2custodian and tribe of the date, time, and place, and purpose of the hearing, of the
3issues to be determined at the hearing, and of the fact that they may have an
4opportunity to be heard at the hearing as provided in par. (c) 1
.
AB599-ASA1, s. 101 5Section 101. 938.38 (5m) (f) of the statutes is amended to read:
AB599-ASA1,51,106 938.38 (5m) (f) If the findings of fact and conclusions of law under par. (e)
7conflict with the juvenile's dispositional order or provide for any additional services
8not specified in the dispositional order, the court shall revise the dispositional order
9under s. 938.363 or, order a change in placement under s. 938.357, or order a trial
10reunification under s. 938.358,
as appropriate.
AB599-ASA1, s. 102 11Section 102. 938.38 (6) (a) of the statutes is amended to read:
AB599-ASA1,51,1212 938.38 (6) (a) Procedures for conducting permanency plan reviews.
AB599-ASA1, s. 103 13Section 103. Initial applicability.
AB599-ASA1,51,1414 (1) Permanency planning for children in out-of-home care.
AB599-ASA1,51,1715 (a) Permanency plan contents. Except as provided in paragraph (b ) and
16subsection (2), this act first applies to a permanency plan filed on the effective date
17of this paragraph.
AB599-ASA1,51,2218 (b) Permanency reviews and hearings. The treatment of sections 48.38 (5) (a)
19and (c) 5., 5m., and 6. (intro.) and d. and (5m) (a) and (f) and 938.38 (5) (a) and (c) 5.,
205m., and 6. (intro.) and d. and (5m) (a) and (f) of the statutes first apply to a hearing
21or review for which a permanency plan is filed or provided on the effective date of this
22paragraph.
AB599-ASA1,51,2323 (2) Trial reunifications for children in out-of-home care.
AB599-ASA1,52,3
1(a) Trial reunifications. The treatment of sections 48.299 (4) (b), 48.335 (4),
248.358, 938.335 (4), and 938.358 of the statutes first applies to a trial reunification
3requested on the effective date of this paragraph.
AB599-ASA1,52,64 (b) Revisions of dispositional orders. The treatment of sections 48.363 (1) (a)
5and 938.363 (1) (a) of the statutes first applies to a revision of a dispositional order
6requested or proposed on the effective date of this paragraph.
AB599-ASA1,52,97 (c) Extensions of dispositional orders. The treatment of sections 48.365 (2g) (b)
83. and (7) and 938.365 (2g) (b) 3. and (7) of the statutes first applies to an extension
9of a dispositional order requested or proposed on the effective date of this paragraph.
AB599-ASA1,52,1210 (d) Terminations of parental rights. The treatment of section 48.417 (1) (a) of
11the statutes first applies to a termination of parental rights petition filed or joined
12in on the effective date of this paragraph.
AB599-ASA1, s. 104 13Section 104. Effective date.
AB599-ASA1,52,1514 (1) Permanency planning for children in out-of-home care. This act takes
15effect on November 1, 2012.
Loading...
Loading...