SB502-SSA1, s. 28
11Section
28. 48.38 (2) (intro.) of the statutes is amended to read:
SB502-SSA1,21,1912
48.38
(2) Permanency plan required. (intro.) Except as provided in sub. (3),
13for each child living in a foster home, group home, residential care center for children
14and youth, juvenile detention facility, or shelter care facility, the agency that placed
15the child or arranged the placement or the agency assigned primary responsibility
16for providing services to the child under s. 48.355 (2) (b) 6g. shall prepare a written
17permanency plan, if any of the following conditions exists, and, for each child living
18in the home of
guardian or a relative other than a parent, that agency shall prepare
19a written permanency plan, if any of the conditions specified in pars. (a) to (e) exists:
SB502-SSA1,22,321
48.38
(4) (ar) A description of the services offered and any services provided in
22an effort to prevent the removal of the child from his or her home, while assuring that
23the health and safety of the child are the paramount concerns, and to achieve the goal
24of the permanency plan, except that the permanency plan is not required to include
25a description of the services offered or provided with respect to a parent of the child
1to prevent the removal of the child from the home or to achieve the permanency
plan 2goal of returning the child safely to his or her home if any of the circumstances
3specified in s. 48.355 (2d) (b) 1. to 5. applies to that parent.
SB502-SSA1,22,95
48.38
(4) (f) 3. Improve the conditions of the parents' home to facilitate the safe
6return of the child to his or her home, or, if appropriate, obtain
an alternative
7permanent placement for the child
a placement for adoption, with a guardian, with
8a fit and willing relative, or in some other planned permanent living arrangement
9that includes an appropriate, enduring relationship with an adult.
SB502-SSA1, s. 31
10Section
31. 48.38 (4) (fg) (intro.) of the statutes is amended to read:
SB502-SSA1,22,2511
48.38
(4) (fg) (intro.) The goal of the permanency plan or, if the agency is
making
12concurrent reasonable efforts under engaging in concurrent planning, as defined in 13s. 48.355 (2b)
(a), the
permanency and concurrent permanency goals of the
14permanency plan. If a goal of the permanency plan is
any goal other than return of
15the child to his or her home to place the child for adoption, with a guardian, or with
16a fit and willing relative, the permanency plan shall include the rationale for
17deciding on that goal
. If a goal of the permanency plan is an alternative permanent
18placement under subd. 5., the permanency plan shall document a compelling reason
19why it would not be in the best interest of the child to pursue a goal specified in subds.
201. to 4. and the efforts made to achieve that goal, including, if appropriate, through
21an out-of-state placement. If the agency determines under s. 48.355 (2b) (b) to
22engage in concurrent planning, the permanency plan shall include the rationale for
23that determination and a description of the concurrent plan and the permanency and
24concurrent permanency goals of the concurrent plan. The agency shall determine one
25or more of the following goals to be the goal or goals of a child's permanency plan:
SB502-SSA1,23,52
48.38
(4) (fg) 5.
Some As provided in par. (fm), some other
alternative
planned 3permanent
placement living arrangement that includes an appropriate, enduring
4relationship with an adult, including sustaining care
, independent living, or
5long-term foster care
, but not including independent living.
SB502-SSA1,23,187
48.38
(4) (fm) If the
goal of the permanency plan is to agency determines that
8there is a compelling reason why it currently would not be in the best interests of the
9child to return the child to his or her home or to place the child for adoption, with a
10guardian,
or with a fit and willing relative
, or as the permanency goal for the child,
11the permanency goal of placing the child in some other
alternative planned 12permanent placement
, living arrangement described in par. (fg) 5. and the efforts
13made to achieve that goal, including, if appropriate, through an out-of-state
14placement.
If the agency makes that determination, the plan shall include a
15statement of that compelling reason and, notwithstanding that compelling reason,
16a concurrent plan under s. 48.355 (2b) towards achieving a goal under par. (fg) 1. to
174. as a concurrent permanency goal in addition to the permanency goal under par.
18(fg) 5.
SB502-SSA1,24,220
48.38
(4) (i) A statement as to whether the child's age and developmental level
21are sufficient for the court to consult with the child at the permanency
plan
22determination hearing under sub. (4m) (c) or
at the permanency plan hearing under
23sub. (5m) (c) 2. or s. 48.43 (5) (b) 2. or for the court or panel to consult with the child
24at the permanency
plan review under sub. (5) (bm) 2. and, if a decision is made that
25it would not be age appropriate or developmentally appropriate for the court or panel
1to consult with the child, a statement as to why consultation with the child would not
2be appropriate.
SB502-SSA1, s. 35
3Section
35. 48.38 (4m) (title) of the statutes is amended to read:
SB502-SSA1,24,54
48.38
(4m) (title)
Reasonable efforts not required; Permanency permanency
5plan determination hearing.
SB502-SSA1,24,77
48.38
(5) (title)
Plan
Permanency review.
SB502-SSA1,24,209
48.38
(5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed
10under par. (ag) shall review the permanency plan in the manner provided in this
11subsection not later than 6 months after the date on which the child was first
12removed from his or her home and every 6 months after a previous review under this
13subsection for as long as the child is placed outside the home, except that for the
14review that is required to be conducted not later than 12 months after the child was
15first removed from his or her home and the reviews that are required to be conducted
16every 12 months after that review the court shall hold a hearing under sub. (5m) to
17review the permanency plan, which hearing may be instead of or in addition to the
18review under this subsection.
The 6-month and 12-month periods referred to in this
19paragraph include any period during which the child resides in a trial reunification
20home under s. 48.358.
SB502-SSA1,25,422
48.38
(5) (am) The court may appoint an independent agency to designate a
23panel to conduct a permanency
plan review under par. (a). If the court in a county
24having a population of less than 500,000 appoints an independent agency under this
25paragraph, the county department of the county of the court shall authorize and
1contract for the purchase of services from the independent agency. If the court in a
2county having a population of 500,000 or more appoints an independent agency
3under this paragraph, the department shall authorize and contract for the purchase
4of services from the independent agency.
SB502-SSA1,25,96
48.38
(5) (c) 5. The date by which it is likely that the child will be returned to
7his or her home or placed for adoption, with a guardian
, with a fit and willing relative, 8or in some other
alternative planned permanent
placement living arrangement that
9includes an appropriate, enduring relationship with an adult.
SB502-SSA1, s. 40
10Section
40. 48.38 (5) (c) 5m. of the statutes is created to read:
SB502-SSA1,25,1611
48.38 (5) (c) 5m. The continuing appropriateness, according to standards
12established by the department, of the permanency goal and any concurrent
13permanency goals for the child. If the court or panel does not approve of any of those
14goals or if the court or panel determines that a concurrent permanency goal is
15appropriate, the court or panel shall determine the permanency goal and, if
16appropriate, any concurrent permanency goals for the child.
SB502-SSA1, s. 41
17Section
41. 48.38 (5) (c) 6. (intro.) of the statutes is amended to read:
SB502-SSA1,25,2518
48.38
(5) (c) 6. (intro.) If the child has been placed outside of his or her home,
19as described in s. 48.365 (1), in a foster home, group home, residential care center for
20children and youth, or shelter care facility for 15 of the most recent 22 months, not
21including any period during which the child was a runaway from the out-of-home
22placement or
the first 6 months of any period during which the child was returned
23to his or her home for a trial
home visit reunification, the appropriateness of the
24permanency plan and the circumstances which prevent the child from any of the
25following:
SB502-SSA1, s. 42
1Section
42. 48.38 (5) (c) 6. d. of the statutes is amended to read:
SB502-SSA1,26,52
48.38
(5) (c) 6. d. Being placed in some other
alternative planned permanent
3placement living arrangement that includes an appropriate, enduring relationship
4with an adult, including sustaining care
, independent living, or long-term foster
5care
, but not including independent living.
SB502-SSA1,26,97
48.38
(5) (c) 7. Whether reasonable efforts were made by the agency to achieve
8the
permanency goal of the permanency plan
, including, if appropriate, through an
9out-of-state placement
,.
SB502-SSA1,26,1511
48.38
(5) (f) If the summary prepared under par. (e) indicates that the review
12panel made recommendations that conflict with the
court child's dispositional order
13or that provide for additional services not specified in the
court dispositional order,
14the agency primarily responsible for providing services to the child shall request a
15revision of the
court dispositional order.
SB502-SSA1, s. 45
16Section
45. 48.38 (5m) (title) of the statutes is amended to read:
SB502-SSA1,26,1717
48.38
(5m) (title)
Permanency plan hearing.
SB502-SSA1,26,2419
48.38
(5m) (a) The court shall hold a hearing to review the permanency plan
20and to make the determinations specified in sub. (5) (c) no later than 12 months after
21the date on which the child was first removed from the home and every 12 months
22after a previous hearing under this subsection for as long as the child is placed
23outside the home.
The 12-month periods referred to in this paragraph include any
24period during which the child resides in a trial reunification home under s. 48.358.
SB502-SSA1,27,13
148.38
(5m) (b) Not less than 30 days before the date of the hearing, the court
2shall notify the child; the child's parent, guardian, and legal custodian;
and the
3child's foster parent, the operator of the facility in which the child is living, or the
4relative with whom the child is living
; of the time, place, and purpose of the hearing,
5of the issues to be determined at the hearing, and of the fact that they shall have a
6right to be heard at the hearing as provided in par. (c) 1. and shall notify the child's
7counsel, the child's guardian ad litem, and the child's court-appointed special
8advocate; the agency that prepared the permanency plan; the person representing
9the interests of the public; and, if the child is an Indian child who is placed outside
10the home of his or her parent or Indian custodian, the Indian child's Indian custodian
11and tribe of the
date, time,
and place
, and purpose of the hearing,
of the issues to be
12determined at the hearing, and of the fact that they may have an opportunity to be
13heard at the hearing as provided in par. (c) 1.
SB502-SSA1,27,1915
48.38
(5m) (f) If the findings of fact and conclusions of law under par. (e) conflict
16with the child's dispositional order or provide for any additional services not specified
17in the dispositional order, the court shall revise the dispositional order under s.
1848.363
or, order a change in placement under s. 48.357,
or order a trial reunification
19under s. 48.358, as appropriate.
SB502-SSA1,27,2121
48.38
(6) (a) Procedures for conducting permanency
plan reviews.
SB502-SSA1,28,623
48.417
(1) (a) The child has been placed outside of his or her home, as described
24in s. 48.365 (1) or 938.365 (1), in a foster home, group home, nonsecured residential
25care center for children and youth, or shelter care facility for 15 of the most recent
122 months, not including any period during which the child was a runaway from the
2out-of-home placement or
the first 6 months of any period during which the child 3was returned to his or her home for a trial
home visit
reunification. If the
4circumstances specified in this paragraph apply, the petition shall be filed or joined
5in by the last day of the 15th month, as described in this paragraph, for which the
6child was placed outside of his or her home.
SB502-SSA1,28,188
48.43
(1) (cm) If a
permanency case plan has previously been prepared for the
9child, a finding as to whether the agency primarily responsible for providing services
10to the child has made reasonable efforts to achieve the
permanency goal of the child's
11permanency plan, including, if appropriate, through an out-of-state placement. The
12court shall make the findings specified in this paragraph on a case-by-case basis
13based on circumstances specific to the child and shall document or reference the
14specific information on which those findings are based in the order. An order that
15merely references this paragraph without documenting or referencing that specific
16information in the order or an amended order that retroactively corrects an earlier
17order that does not comply with this paragraph is not sufficient to comply with this
18paragraph.
SB502-SSA1,28,2520
48.43
(5m) Either the court or the agency that prepared the permanency plan
21shall furnish a copy of the original plan and each revised plan to the child, if he or
22she is 12 years of age or over,
to the child's guardian, to the child's foster parent
or, 23the operator of the facility in which the child is living
, or the relative with whom the
24child is living, and, if the order under sub. (1) involuntarily terminated parental
25rights to an Indian child, to the Indian child's tribe.
SB502-SSA1,29,112
48.63
(5) (d) 4. Not less than 10 days before the review, the agency that placed
3the child or that arranged the placement of the child shall provide a copy of the
4revised permanency plan or plans and the request for review submitted under subd.
53. and notice of the time and place of the review to the child, the parent, guardian,
6Indian custodian, and legal custodian of the child, and the operator of the group home
7in which the child is placed, together with notice of the issues to be determined as
8part of the permanency
plan review and notice of the fact that those persons shall
9have a right to be heard at the review by submitting written comments to that agency
10or the independent reviewing agency before the review or by participating at the
11review.
SB502-SSA1, s. 54
12Section
54. 48.977 (4) (i) (title) of the statutes is amended to read:
SB502-SSA1,29,1313
48.977
(4) (i) (title)
Effect of disposition on permanency plan review process.
SB502-SSA1, s. 55
14Section
55. 757.69 (1) (g) 14. of the statutes is amended to read:
SB502-SSA1,29,1615
757.69
(1) (g) 14. Conduct permanency
plan reviews under s. 48.38 (5) or 938.38
16(5) and permanency
plan hearings under s. 48.38 (5m) or 938.38 (5m).
SB502-SSA1,29,2218
938.21
(5) (d) If the court finds that any of the circumstances specified in s.
19938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
20under s. 938.38 (4m) within 30 days after the date of that finding to determine the
21permanency
plan goal and, if applicable, any concurrent permanency goals for the
22juvenile.
SB502-SSA1,30,524
938.315
(2m) (b) The court making an initial finding under s. 938.38 (5m) that
25the agency primarily responsible for providing services to the juvenile has made
1reasonable efforts to achieve the
permanency goals of the juvenile's permanency plan
2more than 12 months after the date on which the juvenile was removed from the
3home or making any subsequent findings under s. 938.38 (5m) as to those reasonable
4efforts more than 12 months after the date of a previous finding as to those
5reasonable efforts.
SB502-SSA1, s. 58
6Section
58. 938.32 (1) (c) 1. c. of the statutes is amended to read:
SB502-SSA1,30,107
938.32
(1) (c) 1. c. If a permanency plan has previously been prepared for the
8juvenile, a finding as to whether the county department or agency has made
9reasonable efforts to achieve the
permanency goal of the juvenile's permanency plan,
10including, if appropriate, through an out-of-state placement.
SB502-SSA1,30,1612
938.32
(1) (d) If the court finds that any of the circumstances specified in s.
13938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
14under s. 938.38 (4m) within 30 days after the date of that finding to determine the
15permanency
plan goal and, if applicable, any concurrent permanency goals for the
16juvenile.
SB502-SSA1,31,318
938.33
(4) (c) Specific information showing that continued placement of the
19juvenile in his or her home would be contrary to the welfare of the juvenile, specific
20information showing that the county department or the agency primarily
21responsible for providing services to the juvenile has made reasonable efforts to
22prevent the removal of the juvenile from the home, while assuring that the juvenile's
23health and safety are the paramount concerns, unless any of the circumstances
24specified in s. 938.355 (2d) (b) 1. to 4. applies, and, if a permanency plan has
25previously been prepared for the juvenile, specific information showing that the
1county department or agency has made reasonable efforts to achieve the
permanency 2goal of the juvenile's permanency plan
, including, if appropriate, through an
3out-of-state placement
,.
SB502-SSA1,31,85
938.335
(3g) (c) That, if a permanency plan has previously been prepared for
6the juvenile, the county department or agency has made reasonable efforts to achieve
7the
permanency goal of the juvenile's permanency plan
, including, if appropriate,
8through an out-of-state placement
,.
SB502-SSA1,31,1410
938.335
(4) Testimony by telephone or live audiovisual means. At hearings
11under this section, s. 938.357,
938.358, 938.363
, or 938.365, on the request of any
12party, unless good cause to the contrary is shown, the court may admit testimony on
13the record by telephone or live audiovisual means, if available, under s. 807.13 (2).
14The request and the showing of good cause may be made by telephone.
SB502-SSA1, s. 63
15Section
63. 938.355 (2) (b) 6. of the statutes is amended to read:
SB502-SSA1,32,1216
938.355
(2) (b) 6. If the juvenile is placed outside the home, a finding that
17continued placement of the juvenile in his or her home would be contrary to the
18welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is
19placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that
20the juvenile's current residence will not safeguard the welfare of the juvenile or the
21community due to the serious nature of the act for which the juvenile was adjudicated
22delinquent. The court order shall also contain a finding as to whether the county
23department or the agency primarily responsible for providing services under a court
24order has made reasonable efforts to prevent the removal of the juvenile from the
25home, while assuring that the juvenile's health and safety are the paramount
1concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1.
2to 4. applies, and, if a permanency plan has previously been prepared for the juvenile,
3a finding as to whether the county department or agency has made reasonable efforts
4to achieve the
permanency goal of the juvenile's permanency plan
, including, if
5appropriate, through an out-of-state placement
,. The court shall make the findings
6specified in this subdivision on a case-by-case basis based on circumstances specific
7to the juvenile and shall document or reference the specific information on which
8those findings are based in the court order. A court order that merely references this
9subdivision without documenting or referencing that specific information in the
10court order or an amended court order that retroactively corrects an earlier court
11order that does not comply with this subdivision is not sufficient to comply with this
12subdivision.
SB502-SSA1, s. 64
13Section
64. 938.355 (2b) of the statutes is renumbered 938.355 (2b) (b) and
14amended to read:
SB502-SSA1,33,415
938.355
(2b) (b) A county department or the agency primarily responsible for
16providing services to a juvenile under a court order
may, at the same time as the
17county department or agency is making the reasonable efforts required under sub.
18(2) (b) 6. to prevent the removal of the juvenile from the home or to make it possible
19for the juvenile to return safely to his or her home, work with the department of
20children and families, a county department under s. 48.57 (1) (e) or (hm), or a child
21welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place the
22juvenile for adoption, with a guardian, with a fit and willing relative, or in some other
23alternative permanent placement, including reasonable efforts to identify an
24appropriate out-of-state placement shall determine, in accordance with standards
25established by the department, whether to engage in concurrent planning. If,
1according to those standards, concurrent planning is required, the county
2department or agency shall engage in concurrent planning unless the court or
3permanency review panel determines under s. 938.38 (5) (c) 5m. that concurrent
4planning is inappropriate.
SB502-SSA1,33,96
938.355
(2b) (a) In this subsection, "concurrent planning" means appropriate
7efforts to work simultaneously towards achieving more than one of the permanency
8goals listed in s. 938.38 (4) (fg) 1. to 5. for a juvenile who is placed in out-of-home care
9and for whom a permanency plan is required under s. 938.38 (2).
SB502-SSA1,33,1711
938.355
(2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether
12the county department or the agency primarily responsible for providing services to
13the juvenile under a court order has made reasonable efforts to achieve the
14permanency goal of the permanency plan, the court's consideration of reasonable
15efforts shall include the considerations under par. (a) and whether visitation
16schedules between the juvenile and his or her parents were implemented, unless
17visitation was denied or limited by the court.
SB502-SSA1, s. 67
18Section
67. 938.355 (2d) (b) (intro.) of the statutes is amended to read:
SB502-SSA1,34,219
938.355
(2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the court is not
20required to include in a dispositional order a finding as to whether the county
21department or the agency primarily responsible for providing services under a court
22order has made reasonable efforts with respect to a parent of a juvenile to prevent
23the removal of the juvenile from the home, while assuring that the juvenile's health
24and safety are the paramount concerns, or, if applicable, a finding as to whether the
25county department or agency has made reasonable efforts with respect to a parent
1of a juvenile to achieve the permanency
plan goal of returning the juvenile safely to
2his or her home, if the court finds any of the following:
SB502-SSA1,34,74
938.355
(2d) (c) If the court finds that any of the circumstances under par. (b)
51. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38
6(4m) within 30 days after the date of that finding to determine the permanency
plan 7goal and, if applicable, any concurrent permanency goals for the juvenile.
SB502-SSA1,34,149
938.355
(2e) (b) Each time a juvenile's placement is changed under s. 938.357
,
10a trial reunification is ordered under s. 938.358, or a dispositional order is revised
11under s. 938.363 or extended under s. 938.365, the agency that prepared the
12permanency plan shall revise the plan to conform to the order and shall file a copy
13of the revised plan with the court. Each plan filed shall be made a part of the court
14order.
SB502-SSA1,34,2016
938.357
(2v) (c)
Permanency plan hearing. If the court finds under par. (a) 3.
17that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect
18to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after
19the date of that finding to determine the permanency
plan goal and, if applicable, any
20concurrent permanency goals for the juvenile.
SB502-SSA1,34,22
22938.358 Trial reunification. (1) Definition. In this section:
SB502-SSA1,35,323
(a) "Trial reunification" means authorization for a juvenile who is placed in an
24out-of-home placement under s. 938.355 or 938.357 to reside in the home of a
25relative of the juvenile from which the juvenile was removed or in the home of either
1of the juvenile's parents for a specified and limited period of 7 consecutive days or
2longer for the purpose of determining the appropriateness of changing the placement
3of the juvenile to that home.