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-ASA1,45,2114
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-ASA1,47,12
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-ASA1,47,2114
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-ASA1,48,133
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-ASA1,48,1915
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-ASA1,50,62
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-ASA1,50,1510
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-ASA1,51,417
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-ASA1,51,106
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-ASA1,51,1212
938.38
(6) (a) Procedures for conducting permanency
plan reviews.
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-ASA1,52,1514
(1)
Permanency planning for children in out-of-home care. This act takes
15effect on November 1, 2012.