AB599, s. 90
19Section
90. 48.43 (1) (c) of the statutes is amended to read:
AB599,42,220
48.43
(1) (c) If an agency receives custody of the child under par. (a), the child's
21permanency case plan prepared under s. 48.38 by the agency. If a
permanency case 22plan has not been prepared at the time the order is entered, or if the court enters an
23order that is not consistent with the
permanency
case plan, the agency shall prepare
24a
permanency case plan that is consistent with the order or revise the
permanency
1case plan to conform to the order and shall file the plan with the court within 60 days
2from the date of the order.
AB599, s. 91
3Section
91. 48.43 (1) (cm) of the statutes is amended to read:
AB599,42,144
48.43
(1) (cm) If a
permanency case plan has previously been prepared for the
5child, a finding as to whether the agency primarily responsible for providing services
6to the child has made reasonable efforts to achieve the goal of the child's
permanency 7case plan, including, if appropriate, through an out-of-state placement. The court
8shall make the findings specified in this paragraph on a case-by-case basis based
9on circumstances specific to the child and shall document or reference the specific
10information on which those findings are based in the order. An order that merely
11references this paragraph without documenting or referencing that specific
12information in the order or an amended order that retroactively corrects an earlier
13order that does not comply with this paragraph is not sufficient to comply with this
14paragraph.
AB599, s. 92
15Section
92. 48.43 (2) (b) of the statutes is amended to read:
AB599,42,1916
48.43
(2) (b) A relative whose relationship to the child is derived through the
17parent whose parental rights are terminated is considered to be a relative of the child
18for purposes of placement of, and
permanency case planning for, the child until that
19relationship is extinguished by an order of adoption as provided in s. 48.92 (2).
AB599, s. 93
20Section
93. 48.43 (5) (a) of the statutes is amended to read:
AB599,43,421
48.43
(5) (a) If the custodian specified in sub. (1) (a) is an agency, the agency
22shall report to the court on the status of the child at least once each year until the
23child is adopted or reaches 18 years of age, whichever is sooner. The agency shall file
24an annual report no less than 30 days before the anniversary of the date of the order.
25An agency may file an additional report at any time if it determines that more
1frequent reporting is appropriate. A report shall summarize the child's
permanency 2case plan and the recommendations of the review panel under s. 48.38 (5), if any, and
3shall describe any progress that has been made in finding a permanent placement
4for the child.
AB599, s. 94
5Section
94. 48.43 (5) (b) 1. of the statutes is amended to read:
AB599,43,116
48.43
(5) (b) 1. The court shall hold a hearing to review the
permanency case 7plan within 30 days after receiving a report under par. (a). At least 10 days before
8the date of the hearing, the court shall provide notice of the time, place, and purpose
9of the hearing to the agency that prepared the report, the child's guardian, the child,
10and the child's foster parent, the operator of the facility in which the child is living,
11or the relative with whom the child is living.
AB599, s. 95
12Section
95. 48.43 (5) (b) 2. of the statutes is amended to read:
AB599,44,213
48.43
(5) (b) 2. If the child's
permanency case plan includes a statement under
14s. 48.38 (4) (i) indicating that the child's age and developmental level are sufficient
15for the court to consult with the child regarding the child's
permanency case plan or
16if, notwithstanding a decision under s. 48.38 (4) (i) that it would not be appropriate
17for the court to consult with the child, the court determines that consultation with
18the child would be in the best interests of the child, the court shall consult with the
19child, in an age-appropriate and developmentally appropriate manner, regarding
20the child's
permanency case plan and any other matters the court finds appropriate.
21If none of those circumstances apply, the court may permit the child's caseworker, the
22child's counsel, or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make
23a written or oral statement during the hearing, or to submit a written statement
24prior to the hearing, expressing the child's wishes, goals, and concerns regarding the
25permanency case plan and those matters. If the court permits such a written or oral
1statement to be made or submitted, the court may nonetheless require the child's
2presence at the hearing.
AB599, s. 96
3Section
96. 48.43 (5) (c) of the statutes is amended to read:
AB599,44,164
48.43
(5) (c) Following the hearing, the court shall make all of the
5determinations specified under s. 48.38 (5) (c), except the determinations relating to
6the child's parents. The court may amend the order under sub. (1) to transfer the
7child's guardianship and custody to any agency specified under s. 48.427 (3m) (a) 1.
8to 4. or (am) that consents to the transfer, if the court determines that the transfer
9is in the child's best interest. If an Indian child's guardianship and custody are
10transferred under this paragraph, the agency consenting to the transfer shall comply
11with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s.
1248.028 (7) (c) in placing the child, unless the agency finds good cause, as described
13in s. 48.028 (7) (e), for departing from that order. If an order is amended, the agency
14that prepared the
permanency case plan shall revise the plan to conform to the order
15and shall file a copy of the revised plan with the court. Each plan filed under this
16paragraph shall be made a part of the court order.
AB599, s. 97
17Section
97. 48.43 (5m) of the statutes is amended to read:
AB599,44,2318
48.43
(5m) Either the court or the agency that prepared the
permanency case 19plan shall furnish a copy of the original plan and each revised plan to the child, if he
20or she is 12 years of age or over,
to the child's guardian, to the child's foster parent
21or, the operator of the facility in which the child is living
, or the relative with whom
22the child is living, and, if the order under sub. (1) involuntarily terminated parental
23rights to an Indian child, to the Indian child's tribe.
AB599, s. 98
24Section
98. 48.63 (4) of the statutes is amended to read:
AB599,45,11
148.63
(4) A
permanency case plan under s. 48.38 is required for each child
2placed in a foster home under sub. (1). If the child is living in a foster home under
3a voluntary agreement, the agency that negotiated or acted as intermediary for the
4placement shall prepare the
permanency case plan within 60 days after the date on
5which the child was removed from his or her home under the voluntary agreement.
6A copy of each plan shall be provided to the child if he or she is 12 years of age or over
7and to the child's parent, guardian, or Indian custodian. If the agency that arranged
8the voluntary placement intends to seek a court order to place the child outside of his
9or her home at the expiration of the voluntary placement, the agency shall prepare
10a revised
permanency case plan and file that revised plan with the court prior to the
11date of the hearing on the proposed placement.
AB599, s. 99
12Section
99. 48.63 (5) (c) of the statutes is amended to read:
AB599,45,1813
48.63
(5) (c) A
permanency case plan under s. 48.38 is required for each child
14placed in a group home under par. (b) and for any child of that child who is residing
15with that child. The agency that placed the child or that arranged the placement of
16the child shall prepare the plan within 60 days after the date on which the child was
17removed from his or her home under the voluntary agreement and shall provide a
18copy of the plan to the child and the child's parent, guardian, or Indian custodian.
AB599, s. 100
19Section
100. 48.63 (5) (d) 1. of the statutes is amended to read:
AB599,45,2220
48.63
(5) (d) 1. In this paragraph, "independent reviewing agency" means a
21person contracted with under subd. 2. to review
permanency case plans and
22placements under subds. 3. to 6.
AB599, s. 101
23Section
101. 48.63 (5) (d) 2. of the statutes is amended to read:
AB599,46,324
48.63
(5) (d) 2. An agency that places children under par. (b) or that arranges
25those placements shall contract with another agency licensed under s. 48.61 (3) to
1place children or with a county department to review the
permanency case plans and
2placements of those children and of any children of those children who are residing
3with those children as provided in subds. 3. to 6.
AB599, s. 102
4Section
102. 48.63 (5) (d) 3. of the statutes is amended to read:
AB599,46,205
48.63
(5) (d) 3. If the agency that has placed a child under par. (b) or that has
6arranged the placement of the child wishes to extend the placement of the child, the
7agency shall prepare a revised
permanency case plan for that child and for any child
8of that child who is residing with that child and submit the revised
permanency case 9plan or plans, together with a request for a review of the revised
permanency case 10plan or plans and the child's placement, to the independent reviewing agency before
11the expiration of the child's placement. The request shall include a statement that
12an extension of the child's placement would be in the best interests of the child,
13together with reliable and credible information in support of that statement, a
14statement that the child and the parent, guardian, or Indian custodian of the child
15consent to the extension of the child's placement, and a request that the independent
16reviewing agency approve an extension of the child's placement. On receipt of a
17revised
permanency case plan or plans and a request for review, the independent
18reviewing agency shall set a time and place for the review and shall advise the agency
19that placed the child or that arranged the placement of the child of the time and place
20of the review.
AB599, s. 103
21Section
103. 48.63 (5) (d) 4. of the statutes is amended to read:
AB599,47,622
48.63
(5) (d) 4. Not less than 10 days before the review, the agency that placed
23the child or that arranged the placement of the child shall provide a copy of the
24revised
permanency case plan or plans and the request for review submitted under
25subd. 3. and notice of the time and place of the review to the child, the parent,
1guardian, Indian custodian, and legal custodian of the child, and the operator of the
2group home in which the child is placed, together with notice of the issues to be
3determined as part of the
permanency case plan review and notice of the fact that
4those persons shall have a right to be heard at the review by submitting written
5comments to that agency or the independent reviewing agency before the review or
6by participating at the review.
AB599, s. 104
7Section
104. 48.63 (5) (d) 6. of the statutes is amended to read:
AB599,47,138
48.63
(5) (d) 6. Within 30 days after the review, the agency that prepared the
9revised
permanency case plan or plans shall prepare a written summary of the
10determinations specified in s. 48.38 (5) (c) that were made under subd. 5. and shall
11provide a copy of that summary to the independent reviewing agency, the child, the
12parent, guardian, Indian custodian, and legal custodian of the child, and the operator
13of the group home in which the child was placed.
AB599, s. 105
14Section
105. 48.831 (4) (e) of the statutes is amended to read:
AB599,47,2315
48.831
(4) (e) The court shall order the custodian appointed under par. (b) or
16(c) to prepare a
permanency case plan under s. 48.38 for the child within 60 days after
17the date of the order. A
permanency case plan ordered under this paragraph is
18subject to review under s. 48.38 (5). In preparing a
permanency case plan, the
19department, county department or child welfare agency need not include any
20information specified in s. 48.38 (4) that relates to the child's parents or returning
21the child to his or her home. In reviewing a
permanency case plan, a court or panel
22need not make any determination under s. 48.38 (5) (c) that relates to the child's
23parents or returning the child to his or her home.
AB599, s. 106
24Section
106. 48.834 (1) of the statutes is amended to read:
AB599,48,6
148.834
(1) Placement with relatives. Before placing a child for adoption under
2s. 48.833, the department, county department under s. 48.57 (1) (e) or (hm), or child
3welfare agency making the placement shall consider the availability of a placement
4for adoption with a relative of the child who is identified in the child's
permanency 5case plan under s. 48.38 or 938.38 or who is otherwise known by the department,
6county department, or child welfare agency.
AB599, s. 107
7Section
107. 48.834 (2) of the statutes is amended to read:
AB599,48,228
48.834
(2) Placement with siblings. If a child who is being placed for adoption
9under s. 48.833 has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have
10been adopted or who have been placed for adoption, the department, county
11department under s. 48.57 (1) (e) or (hm), or child welfare agency making the
12placement shall make reasonable efforts to place the child for adoption with an
13adoptive parent or proposed adoptive parent of such a sibling who is identified in the
14child's
permanency case plan under s. 48.38 or 938.38 or who is otherwise known by
15the department, county department, or child welfare agency, unless the department,
16county department, or child welfare agency determines that a joint placement would
17be contrary to the safety or well-being of the child or any of those siblings, in which
18case the department, county department, or child welfare agency shall make
19reasonable efforts to provide for frequent visitation or other ongoing interaction
20between the child and the siblings, unless the department, county department, or
21child welfare agency determines that such visitation or interaction would be contrary
22to the safety or well-being of the child or any of those siblings.
AB599,49,17
148.977
(3r) Subsidized guardianship. Subsidized guardianship payments
2under s. 48.623 (1) may not be made to a guardian of a child unless a subsidized
3guardianship agreement under s. 48.623 (2) is entered into before the guardianship
4order is granted and the court either terminates any order specified in sub. (2) (a) or
5dismisses any proceeding in which the child has been adjudicated in need of
6protection or services as specified in sub. (2) (a). If a child's
permanency case plan
7calls for placement of the child in the home of a guardian and the provision of monthly
8subsidized guardianship payments to the guardian, the petitioner under sub. (4) (a)
9shall include in the petition under sub. (4) (b) a statement of the determinations
10made under s. 48.623 (1) and a request for the court to include in the court's findings
11under sub. (4) (d) a finding confirming those determinations. If the court confirms
12those determinations, appoints a guardian for the child under sub. (2), and either
13terminates any order specified in sub. (2) (a) or dismisses any proceeding in which
14the child is adjudicated to be in need of protection or services as specified in sub. (2)
15(a), the county department or, in a county having a population of 750,000 or more,
16department shall provide monthly subsidized guardianship payments to the
17guardian under s. 48.623 (1).
AB599, s. 109
18Section
109. 48.977 (4) (e) of the statutes is amended to read:
AB599,50,619
48.977
(4) (e)
Court report. For a child who has been placed, or continued in
20a placement, outside of his or her home for 6 months or longer, the court shall order
21the person or agency primarily responsible for providing services to the child under
22a court order to file with the court a report containing the written summary under
23s. 48.38 (5) (e) and as much information relating to the appointment of a guardian
24as is reasonably ascertainable. For a child who has been placed, or continued in a
25placement, outside of his or her home for less than 6 months, the court shall order
1the person or agency primarily responsible for providing services to the child under
2a court order to file with the court the report submitted under s. 48.33 (1) or 938.33
3(1), the
permanency case plan prepared under s. 48.38 or 938.38, if one has been
4prepared, and as much information relating to the appointment of a guardian as is
5reasonably ascertainable. The agency shall file the report at least 48 hours before
6the date of the dispositional hearing under par. (fm).
AB599, s. 110
7Section
110. 48.977 (4) (i) of the statutes is amended to read:
AB599,50,108
48.977
(4) (i)
Effect of disposition on
permanency case plan review process. 9After a disposition under par. (h), the child's
permanency case plan shall continue to
10be reviewed under s. 48.38 (5), if applicable.
AB599, s. 111
11Section
111. 49.471 (4) (a) 4. a. of the statutes is amended to read:
AB599,50,1712
49.471
(4) (a) 4. a. The individual is a parent or caretaker relative of a child who
13is living in the home with the parent or caretaker relative or who is temporarily
14absent from the home for not more than 6 months or, if the child has been removed
15from the home for more than 6 months, the parent or caretaker relative is working
16toward unifying the family by complying with a
permanency case plan under s. 48.38
17or 938.38.
AB599, s. 112
18Section
112. 49.471 (4) (b) 4. a. of the statutes is amended to read:
AB599,50,2419
49.471
(4) (b) 4. a. The individual is a parent or caretaker relative of a child who
20is living in the home with the parent or caretaker relative or who is temporarily
21absent from the home for not more than 6 months or, if the child has been removed
22from the home for more than 6 months, the parent or caretaker relative is working
23toward unifying the family by complying with a
permanency case plan under s. 48.38
24or 938.38.
AB599, s. 113
25Section
113. 146.82 (2) (a) 18m. of the statutes is amended to read:
AB599,51,19
1146.82
(2) (a) 18m. If the subject of the patient health care records is a child
2or juvenile who has been placed in a foster home, group home, residential care center
3for children and youth, or juvenile correctional facility, including a placement under
4s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, group
5home, residential care center for children and youth, or juvenile correctional facility
6is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4),
7to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424
8(4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for
9preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or
10938.365 (2g), to an agency responsible for preparing a
permanency case plan under
11s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355
12(2e), or 938.38 regarding the child or juvenile, or to an agency that placed the child
13or juvenile or arranged for the placement of the child or juvenile in any of those
14placements and, by any of those agencies, to any other of those agencies and, by the
15agency that placed the child or juvenile or arranged for the placement of the child or
16juvenile in any of those placements, to the foster parent of the child or juvenile or the
17operator of the group home, residential care center for children and youth, or juvenile
18correctional facility in which the child or juvenile is placed, as provided in s. 48.371
19or 938.371.
AB599, s. 114
20Section
114. 252.15 (3m) (d) 15. of the statutes is amended to read:
AB599,52,1321
252.15
(3m) (d) 15. If the subject of the HIV test is a child who has been placed
22in a foster home, group home, residential care center for children and youth, or
23juvenile correctional facility, as defined in s. 938.02 (10p), including a placement
24under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home,
25group home, residential care center for children and youth, or juvenile correctional
1facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3)
2or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1),
348.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency
4responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2),
548.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a
permanency 6case plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831
7(4) (e), 938.355 (2e), or 938.38 regarding the child, or to an agency that placed the
8child or arranged for the placement of the child in any of those placements and, by
9any of those agencies, to any other of those agencies and, by the agency that placed
10the child or arranged for the placement of the child in any of those placements, to the
11child's foster parent or the operator of the group home, residential care center for
12children and youth, or juvenile correctional facility in which the child is placed, as
13provided in s. 48.371 or 938.371.
AB599, s. 115
14Section
115. 757.69 (1) (g) 14. of the statutes is amended to read:
AB599,52,1615
757.69
(1) (g) 14. Conduct
permanency
case plan reviews under s. 48.38 (5) or
16938.38 (5) and
permanency case plan hearings under s. 48.38 (5m) or 938.38 (5m).
AB599, s. 116
17Section
116. 767.41 (3) (b) of the statutes is amended to read:
AB599,52,2518
767.41
(3) (b) If the legal custodian appointed under par. (a) is an agency, the
19agency shall report to the court on the status of the child at least once each year until
20the child reaches 18 years of age, is returned to the custody of a parent or is placed
21under the guardianship of an agency. The agency shall file an annual report no less
22than 30 days before the anniversary of the date of the order. An agency may file an
23additional report at any time if it determines that more frequent reporting is
24appropriate. A report shall summarize the child's
permanency case plan and the
25recommendations of the review panel under s. 48.38 (5), if any.
AB599, s. 117
1Section
117. 767.41 (3) (c) of the statutes is amended to read:
AB599,53,72
767.41
(3) (c) The court shall hold a hearing to review the
permanency case plan
3within 30 days after receiving a report under par. (b). At least 10 days before the date
4of the hearing, the court shall provide notice of the time, place, and purpose of the
5hearing to the agency that prepared the report; the child; the child's parents,
6guardian, and legal custodian; and the child's foster parent, the operator of the
7facility in which the child is living, or the relative with whom the child is living.
AB599, s. 118
8Section
118. 808.075 (4) (a) 8. of the statutes is amended to read:
AB599,53,99
808.075
(4) (a) 8. Review of
permanency plan case plans under s. 48.38 (5).
AB599, s. 119
10Section
119. 808.075 (4) (fn) 8. of the statutes is amended to read:
AB599,53,1111
808.075
(4) (fn) 8. Review of
permanency plan case plans under s. 938.38 (5).
AB599, s. 120
12Section
120. 938.028 (4) (f) 1. d. of the statutes is amended to read:
AB599,53,1713
938.028
(4) (f) 1. d. Arrangements were made to provide natural and
14unsupervised family interaction in the most natural setting that can ensure the
15Indian juvenile's safety, as appropriate to the goals of the Indian juvenile's
16permanency case plan, including arrangements for transportation and other
17assistance to enable family members to participate in that interaction.
AB599, s. 121
18Section
121. 938.21 (5) (d) of the statutes is amended to read:
AB599,53,2219
938.21
(5) (d) If the court finds that any of the circumstances specified in s.
20938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
21under s. 938.38 (4m) within 30 days after the date of that finding to determine the
22permanency case plan for the juvenile.
AB599, s. 122
23Section
122. 938.235 (4) (a) 1. of the statutes is amended to read:
AB599,53,2524
938.235
(4) (a) 1. Participate in
permanency case planning under ss. 48.43 (5)
25and 938.38.
AB599, s. 123
1Section
123. 938.235 (4) (a) 2. of the statutes is amended to read:
AB599,54,32
938.235
(4) (a) 2. Petition for a change in placement under s. 938.357
or a trial
3reunification under s. 938.358.
AB599, s. 124
4Section
124. 938.315 (2m) (b) of the statutes is amended to read:
AB599,54,115
938.315
(2m) (b) The court making an initial finding under s. 938.38 (5m) that
6the agency primarily responsible for providing services to the juvenile has made
7reasonable efforts to achieve the goals of the juvenile's
permanency case plan more
8than 12 months after the date on which the juvenile was removed from the home or
9making any subsequent findings under s. 938.38 (5m) as to those reasonable efforts
10more than 12 months after the date of a previous finding as to those reasonable
11efforts.
AB599, s. 125
12Section
125. 938.32 (1) (c) 1. c. of the statutes is amended to read:
AB599,54,1613
938.32
(1) (c) 1. c. If a
permanency
case plan has previously been prepared for
14the juvenile, a finding as to whether the county department or agency has made
15reasonable efforts to achieve the goal of the juvenile's
permanency case plan,
16including, if appropriate, through an out-of-state placement.
AB599, s. 126
17Section
126. 938.32 (1) (d) of the statutes is amended to read:
AB599,54,2118
938.32
(1) (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 case plan for the juvenile.
AB599, s. 127
22Section
127. 938.33 (4) (a) of the statutes is amended to read:
AB599,54,2323
938.33
(4) (a) A
permanency case plan prepared under s. 938.38.
AB599, s. 128
24Section
128. 938.33 (4) (c) of the statutes is amended to read:
AB599,55,11
1938.33
(4) (c) Specific information showing that continued placement of the
2juvenile in his or her home would be contrary to the welfare of the juvenile, specific
3information showing that the county department or the agency primarily
4responsible for providing services to the juvenile has made reasonable efforts to
5prevent the removal of the juvenile from the home, while assuring that the juvenile's
6health and safety are the paramount concerns, unless any of the circumstances
7specified in s. 938.355 (2d) (b) 1. to 4. applies, and, if a
permanency case plan has
8previously been prepared for the juvenile, specific information showing that the
9county department or agency has made reasonable efforts to achieve the goal of the
10juvenile's
permanency case plan
, including, if appropriate, through an out-of-state
11placement
,.
AB599, s. 129
12Section
129. 938.335 (3g) (c) of the statutes is amended to read:
AB599,55,1613
938.335
(3g) (c) That, if a
permanency
case plan has previously been prepared
14for the juvenile, the county department or agency has made reasonable efforts to
15achieve the goal of the juvenile's
permanency case plan
, including, if appropriate,
16through an out-of-state placement
,.
AB599, s. 130
17Section
130. 938.335 (4) of the statutes is amended to read:
AB599,55,2218
938.335
(4) Testimony by telephone or live audiovisual means. At hearings
19under this section, s. 938.357,
938.358, 938.363
, or 938.365, on the request of any
20party, unless good cause to the contrary is shown, the court may admit testimony on
21the record by telephone or live audiovisual means, if available, under s. 807.13 (2).
22The request and the showing of good cause may be made by telephone.
AB599, s. 131
23Section
131. 938.355 (2) (b) 5. of the statutes is amended to read:
AB599,56,3
1938.355
(2) (b) 5. For a juvenile placed outside his or her home under an order
2under s. 938.34 (3) or 938.345, a
permanency case plan under s. 938.38 if one has been
3prepared.
AB599, s. 132
4Section
132. 938.355 (2) (b) 6. of the statutes is amended to read:
AB599,57,25
938.355
(2) (b) 6. If the juvenile is placed outside the home, a finding that
6continued placement of the juvenile in his or her home would be contrary to the
7welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is
8placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that
9the juvenile's current residence will not safeguard the welfare of the juvenile or the
10community due to the serious nature of the act for which the juvenile was adjudicated
11delinquent. The court order shall also contain a finding as to whether the county
12department or the agency primarily responsible for providing services under a court
13order has made reasonable efforts to prevent the removal of the juvenile from the
14home, while assuring that the juvenile's health and safety are the paramount
15concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1.
16to 4. applies, and, if a
permanency case plan has previously been prepared for the
17juvenile, a finding as to whether the county department or agency has made
18reasonable efforts to achieve the goal of the juvenile's
permanency case plan
, 19including, if appropriate, through an out-of-state placement
,. The court shall make
20the findings specified in this subdivision on a case-by-case basis based on
21circumstances specific to the juvenile and shall document or reference the specific
22information on which those findings are based in the court order. A court order that
23merely references this subdivision without documenting or referencing that specific
24information in the court order or an amended court order that retroactively corrects
1an earlier court order that does not comply with this subdivision is not sufficient to
2comply with this subdivision.
AB599, s. 133
3Section
133. 938.355 (2b) (title) of the statutes is amended to read:
AB599,57,44
938.355
(2b) (title)
Concurrent reasonable efforts permitted planning.
AB599, s. 134
5Section
134. 938.355 (2b) of the statutes is renumbered 938.355 (2b) (b) and
6amended to read: