AB599, s. 166
10Section
166. 938.38 (3) (intro.) of the statutes is amended to read:
AB599,73,1411
938.38
(3) Time. (intro.) Subject to sub. (4m) (a), the agency shall file the
12permanency case plan with the court within 60 days after the date on which the
13juvenile was first removed from his or her home, except under either of the following
14conditions:
AB599, s. 167
15Section
167. 938.38 (3) (a) of the statutes is amended to read:
AB599,73,2416
938.38
(3) (a) If the juvenile is alleged to be delinquent and is being held in a
17juvenile detention facility, juvenile portion of a county jail, or shelter care facility, and
18the agency intends to recommend that the juvenile be placed in a juvenile
19correctional facility or a secured residential care center for children and youth, the
20agency is not required to submit the
permanency case plan unless the court does not
21accept the recommendation of the agency. If the court places the juvenile in any
22facility outside of the juvenile's home other than a juvenile correctional facility or a
23secured
c residential care center for children and youth, the agency shall file the
24permanency case plan with the court within 60 days after the date of disposition.
AB599, s. 168
25Section
168. 938.38 (3) (b) of the statutes is amended to read:
AB599,74,3
1938.38
(3) (b) If the juvenile is held for less than 60 days in a juvenile detention
2facility, juvenile portion of a county jail, or a shelter care facility, no
permanency case 3plan is required if the juvenile is returned to his or her home within that period.
AB599, s. 169
4Section
169. 938.38 (4) (intro.) of the statutes is amended to read:
AB599,74,65
938.38
(4) Contents of plan. (intro.) The
permanency case plan shall include
6all of the following:
AB599, s. 170
7Section
170. 938.38 (4) (ar) of the statutes is amended to read:
AB599,74,168
938.38
(4) (ar) A description of the services offered and any services provided
9in an effort to prevent the removal of the juvenile from his or her home, while
10assuring that the health and safety of the juvenile are the paramount concerns, and
11to achieve the goal of the
permanency case plan, except that the
permanency case 12plan is not required to include a description of the services offered or provided with
13respect to a parent of the juvenile to prevent the removal of the juvenile from the
14home or to achieve the
permanency case plan goal of returning the juvenile safely to
15his or her home if any of the circumstances under s. 938.355 (2d) (b) 1. to 4. apply to
16that parent.
AB599, s. 171
17Section
171. 938.38 (4) (br) 2. of the statutes is amended to read:
AB599,75,218
938.38
(4) (br) 2. If the juvenile has one or more siblings who have also been
19removed from the home, a description of the efforts made to place the juvenile in a
20placement that enables the sibling group to remain together and, if a decision is made
21not to place the juvenile and his or her siblings in a joint placement, a statement as
22to why a joint placement would be contrary to the safety or well-being of the juvenile
23or any of those siblings and a description of the efforts made to provide for frequent
24visitation or other ongoing interaction between the juvenile and those siblings. If a
25decision is made not to provide for that visitation or interaction, the
permanency case
1plan shall include a statement as to why that visitation or interaction would be
2contrary to the safety or well-being of the juvenile or any of those siblings.
AB599, s. 172
3Section
172. 938.38 (4) (f) 3. of the statutes is amended to read:
AB599,75,84
938.38
(4) (f) 3. Improve the conditions of the parents' home to facilitate the safe
5return of the juvenile to his or her home, or, if appropriate, obtain
an alternative
6permanent placement for the juvenile
a placement for adoption, with a guardian,
7with a fit and willing relative, or in some other planned permanent living
8arrangement in which the juvenile is in a long-term relationship with an adult.
AB599, s. 173
9Section
173. 938.38 (4) (fg) (intro.) of the statutes is amended to read:
AB599,75,2410
938.38
(4) (fg) (intro.) The goal of the
permanency case plan or, if the agency
11is
making concurrent reasonable efforts under engaging in concurrent planning, as
12defined in s. 938.355 (2b)
(a), the
primary and concurrent goals of the
permanency 13case plan. If a goal of the permanency plan is
any goal other than return of the
14juvenile to his or her home to place the juvenile for adoption, with a guardian, or with
15a fit and willing relative, the
permanency case plan shall include the rationale for
16deciding on that goal
. If a goal of the permanency plan is an alternative permanent
17placement under subd. 5., the permanency plan shall document a compelling reason
18why it would not be in the best interest of the juvenile to pursue a goal specified in
19subds. 1. to 4. and the efforts made to achieve that goal, including, if appropriate,
20through an out-of-state placement. If the agency determines under s. 938.355 (2b)
21(b) to engage in concurrent planning, the case plan shall include the rationale for that
22determination and a description of the concurrent plan and the primary and
23concurrent goals of the concurrent plan. The agency shall determine one or more of
24the following goals to be the goal or goals of a juvenile's
permanency case plan:
AB599, s. 174
25Section
174. 938.38 (4) (fg) 5. of the statutes is amended to read:
AB599,76,4
1938.38
(4) (fg) 5.
Some As provided in par. (fm), some other
alternative
planned 2permanent
placement living arrangement in which the juvenile is in a long-term
3relationship with an adult, including sustaining care
, independent living, or
4long-term foster care
, but not including independent living.
AB599, s. 175
5Section
175. 938.38 (4) (fm) of the statutes is renumbered 938.38 (4) (fm)
6(intro.) and amended to read:
AB599,76,137
938.38
(4) (fm) If the
goal of the permanency plan is to agency determines that
8there is a compelling reason why it would not be in the best interests of the juvenile
9to return the juvenile to his or her home or to place the juvenile for adoption, with
10a guardian,
or with a fit and willing relative,
or the permanency goal of placing the
11juvenile in some other
alternative planned permanent
placement living
12arrangement described in par. (fg) 5. If the agency makes that determination, the
13plan shall include all of the following:
AB599,76,17
142. The compelling reason why it would not be in the best interests of the juvenile
15to return the juvenile to his or her home or to place the juvenile for adoption, with
16a guardian, or with a fit and willing relative and the efforts made to achieve that goal,
17including, if appropriate, through an out-of-state placement.
AB599, s. 176
18Section
176. 938.38 (4) (fm) 1. of the statutes is created to read:
AB599,76,2119
938.38
(4) (fm) 1. A concurrent plan under s. 938.355 (2b) (b) towards achieving
20a permanency goal under par. (fg) 1. to 4. as well as the permanency goal under par.
21(fg) 5.
AB599, s. 177
22Section
177. 938.38 (4) (i) of the statutes is amended to read:
AB599,77,523
938.38
(4) (i) A statement as to whether the juvenile's age and developmental
24level are sufficient for the court to consult with the juvenile at the
permanency case 25plan determination hearing under sub. (4m) (c) or at the
permanency case plan
1hearing under sub. (5m) (c) 2. or for the court or panel to consult with the juvenile
2at the
permanency case plan review under sub. (5) (bm) 2. and, if a decision is made
3that it would not be age appropriate or developmentally appropriate for the court to
4consult with the juvenile, a statement as to why consultation with the juvenile would
5not be appropriate.
AB599, s. 178
6Section
178. 938.38 (4m) (title) of the statutes is amended to read:
AB599,77,87
938.38
(4m) (title)
Reasonable efforts not required; Permanency
8permanency case plan determination hearing.
AB599, s. 179
9Section
179. 938.38 (4m) (a) of the statutes is amended to read:
AB599,77,1910
938.38
(4m) (a) If in a proceeding under s. 938.21, 938.32, 938.355, 938.357,
11or 938.365 the court finds that any of the circumstances in s. 938.355 (2d) (b) 1. to
124. applies with respect to a parent, the court shall hold a hearing within 30 days after
13the date of that finding to determine the
permanency
case plan for the juvenile. If
14a hearing is held under this paragraph, the agency responsible for preparing the
15permanency case plan shall file the
permanency case plan with the court not less
16than 5 days before the date of the hearing. At the hearing, the court shall consider
17placing the juvenile in a placement outside this state if the court determines that
18such a placement would be in the best interests of the juvenile and appropriate to
19achieving the goal of the juvenile's
permanency case plan.
AB599, s. 180
20Section
180. 938.38 (4m) (c) of the statutes is amended to read:
AB599,78,1121
938.38
(4m) (c) If the juvenile's
permanency case plan includes a statement
22under sub. (4) (i) indicating that the juvenile's age and developmental level are
23sufficient for the court to consult with the juvenile regarding the juvenile's
24permanency case plan or if, notwithstanding a decision under sub. (4) (i) that it would
25not be appropriate for the court to consult with the juvenile, the court determines
1that consultation with the juvenile would be in the best interests of the juvenile, the
2court shall consult with the juvenile, in an age-appropriate and developmentally
3appropriate manner, regarding the juvenile's
permanency case plan and any other
4matters the court finds appropriate. If none of those circumstances apply, the court
5may permit the juvenile's caseworker, the juvenile's counsel, or, subject to s. 938.235
6(3) (a), the juvenile's guardian ad litem to make a written or oral statement during
7the hearing, or to submit a written statement prior to the hearing, expressing the
8juvenile's wishes, goals, and concerns regarding the
permanency case plan and those
9matters. If the court permits such a written or oral statement to be made or
10submitted, the court may nonetheless require the juvenile to be physically present
11at the hearing.
AB599, s. 181
12Section
181. 938.38 (5) (a) of the statutes is amended to read:
AB599,78,2213
938.38
(5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel
14appointed under par. (ag) shall review the
permanency
case plan in the manner
15provided in this subsection not later than 6 months after the date on which the
16juvenile was first removed from his or her home and every 6 months after a previous
17review under this subsection for as long as the juvenile is placed outside the home,
18except that for the review that is required to be conducted not later than 12 months
19after the juvenile was first removed from his or her home and the reviews that are
20required to be conducted every 12 months after that review, the court shall hold a
21hearing under sub. (5m) to review the
permanency
case plan. The hearing may be
22instead of or in addition to the review under this subsection.
AB599, s. 182
23Section
182. 938.38 (5) (ag) of the statutes is amended to read:
AB599,79,724
938.38
(5) (ag) If the court elects not to review the
permanency case plan, the
25court shall appoint a panel to review the
permanency
case plan. The panel shall
1consist of 3 persons who are either designated by an independent agency that has
2been approved by the chief judge of the judicial administrative district or designated
3by the agency that prepared the
permanency case plan. A voting majority of persons
4on each panel shall be persons who are not employed by the agency that prepared the
5permanency case plan and who are not responsible for providing services to the
6juvenile or the parents of the juvenile whose
permanency case plan is the subject of
7the review.
AB599, s. 183
8Section
183. 938.38 (5) (am) of the statutes is amended to read:
AB599,79,139
938.38
(5) (am) The court may appoint an independent agency to designate a
10panel to conduct a
permanency case plan review under par. (a). If the court appoints
11an independent agency under this paragraph, the county department of the county
12of the court shall authorize and contract for the purchase of services from the
13independent agency.
AB599, s. 184
14Section
184. 938.38 (5) (bm) 2. of the statutes is amended to read:
AB599,80,515
938.38
(5) (bm) 2. If the juvenile's
permanency case plan includes a statement
16under sub. (4) (i) indicating that the juvenile's age and developmental level are
17sufficient for the court or panel to consult with the juvenile regarding the juvenile's
18permanency case plan or if, notwithstanding a decision under sub. (4) (i) that it would
19not be appropriate for the court or panel to consult with the juvenile, the court or
20panel determines that consultation with the juvenile would be in the best interests
21of the juvenile, the court or panel shall consult with the juvenile, in an
22age-appropriate and developmentally appropriate manner, regarding the juvenile's
23permanency case plan and any other matters the court or panel finds appropriate.
24If none of those circumstances apply, the court or panel may permit the juvenile's
25caseworker, the juvenile's counsel, or, subject to s. 938.235 (3) (a), the juvenile's
1guardian ad litem to make a written or oral statement during the review, or to submit
2a written statement prior to the review, expressing the juvenile's wishes, goals, and
3concerns regarding the
permanency case plan and those matters. If the court or
4panel permits such a written or oral statement to be made or submitted, the court
5or panel may nonetheless require the juvenile to be physically present at the review.
AB599, s. 185
6Section
185. 938.38 (5) (c) 2. of the statutes is amended to read:
AB599,80,97
938.38
(5) (c) 2. The extent of compliance with the
permanency case plan by the
8agency and any other service providers, the juvenile's parents, the juvenile and the
9juvenile's guardian, if any.
AB599, s. 186
10Section
186. 938.38 (5) (c) 5. of the statutes is amended to read:
AB599,80,1411
938.38
(5) (c) 5. The date by which it is likely that the juvenile will be returned
12to his or her home or placed for adoption, with a guardian
, with a fit and willing
13relative, or in some other
alternative planned permanent
placement living
14arrangement in which the juvenile is in a long-term relationship with an adult.
AB599, s. 187
15Section
187. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:
AB599,80,2316
938.38
(5) (c) 6. (intro.) If the juvenile has been placed outside of his or her
17home, as described in s. 938.365 (1), in a foster home, group home, nonsecured
18residential care center for children and youth, or shelter care facility for 15 of the
19most recent 22 months, not including any period during which the juvenile was a
20runaway from the out-of-home placement or
the first 6 months of any period during
21which the juvenile was returned to his or her home for a trial
home visit 22reunification, the appropriateness of the
permanency case plan and the
23circumstances which prevent the juvenile from any of the following:
AB599, s. 188
24Section
188. 938.38 (5) (c) 6. d. of the statutes is amended to read:
AB599,81,4
1938.38
(5) (c) 6. d. Being placed in some other
alternative planned permanent
2placement living arrangement in which the juvenile is in a long-term relationship
3with an adult, including sustaining care
, independent living, or long-term foster
4care
, but not including independent living.
AB599, s. 189
5Section
189. 938.38 (5) (c) 6m. of the statutes is created to read:
AB599,81,106
938.38
(5) (c) 6m. If the case plan calls for concurrent planning, as defined in
7s. 938.355 (2b) (a), the appropriateness, in light of the standards established by the
8department, of each of the permanency goals of the concurrent plan. If the court or
9panel does not approve of any one or more of those goals, the court or panel must
10include in its determinations under this paragraph the reasons for that disapproval.
AB599, s. 190
11Section
190. 938.38 (5) (c) 7. of the statutes is amended to read:
AB599,81,1412
938.38
(5) (c) 7. Whether reasonable efforts were made by the agency to achieve
13the goal of the
permanency case plan
, including, if appropriate, through an
14out-of-state placement
,.
AB599, s. 191
15Section
191. 938.38 (5) (d) of the statutes is amended to read:
AB599,82,616
938.38
(5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the
17permanency case plan shall, at least 5 days before a review by a review panel, provide
18to each person appointed to the review panel, the juvenile's parent, guardian, and
19legal custodian, the person representing the interests of the public, the juvenile's
20counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian juvenile
21who is placed outside the home of his or her parent or Indian custodian under s.
22938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe a copy
23of the
permanency case plan and any written comments submitted under par. (bm)
241. Notwithstanding s. 938.78 (2) (a), a person appointed to a review panel, the person
25representing the interests of the public, the juvenile's counsel, the juvenile's
1guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the
2home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the
3Indian juvenile's Indian custodian and tribe may have access to any other records
4concerning the juvenile for the purpose of participating in the review. A person
5permitted access to a juvenile's records under this paragraph may not disclose any
6information from the records to any other person.
AB599, s. 192
7Section
192. 938.38 (5m) (title) of the statutes is amended to read:
AB599,82,88
938.38
(5m) (title)
Permanency Case plan hearing.
AB599, s. 193
9Section
193. 938.38 (5m) (a) of the statutes is amended to read:
AB599,82,1410
938.38
(5m) (a) The court shall hold a hearing to review the
permanency case 11plan and to make the determinations specified in sub. (5) (c) no later than 12 months
12after the date on which the juvenile was first removed from the home and every 12
13months after a previous hearing under this subsection for as long as the juvenile is
14placed outside the home.
AB599, s. 194
15Section
194. 938.38 (5m) (b) of the statutes is amended to read:
AB599,83,316
938.38
(5m) (b) Not less than 30 days before the date of the hearing, the court
17shall notify the juvenile; the juvenile's parent, guardian, and legal custodian;
and the
18juvenile's foster parent, the operator of the facility in which the juvenile is living, or
19the relative with whom the juvenile is living
; of the time, place, and purpose of the
20hearing, of the issues to be determined at the hearing, and of the fact that they shall
21have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the
22juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the
23permanency case plan; the person representing the interests of the public; and, if the
24juvenile is an Indian juvenile who is placed outside the home of his or her parent or
25Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
1custodian and tribe of the
date, time,
and place
, and purpose of the hearing
, of the
2issues to be determined at the hearing, and of the fact that they may have an
3opportunity to be heard at the hearing as provided in par. (c) 1.
AB599, s. 195
4Section
195. 938.38 (5m) (c) 2. of the statutes is amended to read:
AB599,83,205
938.38
(5m) (c) 2. If the juvenile's
permanency case plan includes a statement
6under sub. (4) (i) indicating that the juvenile's age and developmental level are
7sufficient for the court to consult with the juvenile regarding the juvenile's
8permanency case plan or if, notwithstanding a decision under sub. (4) (i) that it would
9not be appropriate for the court to consult with the juvenile, the court determines
10that consultation with the juvenile would be in the best interests of the juvenile, the
11court shall consult with the juvenile, in an age-appropriate and developmentally
12appropriate manner, regarding the juvenile's
permanency case plan and any other
13matters the court finds appropriate. If none of those circumstances apply, the court
14may permit the juvenile's caseworker, the juvenile's counsel, or, subject to s. 938.235
15(3) (a), the juvenile's guardian ad litem to make a written or oral statement during
16the hearing, or to submit a written statement prior to the hearing, expressing the
17juvenile's wishes, goals, and concerns regarding the
permanency case plan and those
18matters. If the court permits such a written or oral statement to be made or
19submitted, the court may nonetheless require the juvenile to be physically present
20at the hearing.
AB599, s. 196
21Section
196. 938.38 (5m) (d) of the statutes is amended to read:
AB599,84,1122
938.38
(5m) (d) At least 5 days before the date of the hearing the agency that
23prepared the
permanency case plan shall provide a copy of the
permanency case plan
24and any written comments submitted under par. (c) 1. to the court, to the juvenile's
25parent, guardian, and legal custodian, to the person representing the interests of the
1public, to the juvenile's counsel or guardian ad litem, and, if the juvenile is an Indian
2juvenile who is placed outside the home of his or her parent or Indian custodian
3under s. 938.13 (4), (6), (6m), or (7), to the Indian juvenile's Indian custodian and
4tribe. Notwithstanding s. 938.78 (2) (a), the person representing the interests of the
5public, the juvenile's counsel or guardian ad litem, and, if the juvenile is an Indian
6juvenile who is placed outside the home of his or her parent or Indian custodian
7under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe
8may have access to any other records concerning the juvenile for the purpose of
9participating in the review. A person permitted access to a juvenile's records under
10this paragraph may not disclose any information from the records to any other
11person.
AB599, s. 197
12Section
197. 938.38 (5m) (e) of the statutes is amended to read:
AB599,85,513
938.38
(5m) (e) After the hearing, the court shall make written findings of fact
14and conclusions of law relating to the determinations under sub. (5) (c) and shall
15provide a copy of those findings of fact and conclusions of law to the juvenile; the
16juvenile's parent, guardian, and legal custodian; the juvenile's foster parent, the
17operator of the facility in which the juvenile is living, or the relative with whom the
18juvenile is living; the agency that prepared the
permanency case plan; the person
19representing the interests of the public; and, if the juvenile is an Indian juvenile who
20is placed outside the home of his or her parent or Indian custodian under s. 938.13
21(4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe. The court shall
22make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on
23circumstances specific to the juvenile and shall document or reference the specific
24information on which those findings are based in the findings of fact and conclusions
25of law prepared under this paragraph. Findings of fact and conclusions of law that
1merely reference sub. (5) (c) 7. without documenting or referencing that specific
2information in the findings of fact and conclusions of law or amended findings of fact
3and conclusions of law that retroactively correct earlier findings of fact and
4conclusions of law that do not comply with this paragraph are not sufficient to comply
5with this paragraph.
AB599, s. 198
6Section
198. 938.38 (5m) (f) of the statutes is amended to read:
AB599,85,117
938.38
(5m) (f) If the findings of fact and conclusions of law under par. (e)
8conflict with the juvenile's dispositional order or provide for any additional services
9not specified in the dispositional order, the court shall revise the dispositional order
10under s. 938.363
or, order a change in placement under s. 938.357,
or order a trial
11reunification under s. 938.358, as appropriate.
AB599, s. 199
12Section
199. 938.38 (6) (a) of the statutes is amended to read:
AB599,85,1313
938.38
(6) (a) Procedures for conducting
permanency case plan reviews.
AB599, s. 200
14Section
200. 938.38 (6) (d) of the statutes is amended to read:
AB599,85,1515
938.38
(6) (d) The format for
permanency case plans and review panel reports.
AB599,85,1717
(1)
Case planning for children in out-of-home care.
AB599,85,1918
(a)
Case plan contents. Except as provided in paragraph (b
) and subsection (2),
19this act first applies to a case plan filed on the effective date of this paragraph.
AB599,85,2320
(b)
Case plan reviews and hearings. The treatment of sections 48.38 (5) (c) 5.,
216. (intro.) and d., and 6m. and (5m) (f) and 938.38 (5) (c) 5., 6. (intro.) and d., and 6m.
22and (5m) (f) of the statutes first apply to a hearing or review for which a case plan
23is filed or provided on the effective date of this paragraph.
AB599,85,2424
(2)
Trial reunifications for children in out-of-home care.
AB599,86,4
1(a)
Trial reunifications. The treatment of sections 48.235 (4) (a) 2. and (4m) (a)
22., 48.299 (4) (b), 48.335 (4), 48.358, 938.235 (4) (a) 2., 938.335 (4), and 938.358 of the
3statutes first applies to a trial reunification requested or proposed on the effective
4date of this paragraph.
AB599,86,75
(b)
Revisions of dispositional orders. The treatment of sections 48.363 (1) (a)
6and 938.363 (1) (a) of the statutes first applies to a revision of a dispositional order
7requested or proposed on the effective date of this paragraph.
AB599,86,108
(c)
Extensions of dispositional orders. The treatment of sections 48.365 (2g) (b)
93. and (7) and 938.365 (2g) (b) 3. and (7) of the statutes first applies to an extension
10of a dispositional order requested or proposed on the effective date of this paragraph.
AB599,86,1311
(d)
Terminations of parental rights. The treatment of section 48.417 (1) (a) of
12the statutes first applies to a termination of parental rights petition filed or joined
13in on the effective date of this paragraph.
AB599,86,1615
(1)
Case planning for children in out-of-home care. This act takes effect on
16November 1, 2012.