SB285: Bill Text

2011 Senate BILL 285

November 8, 2011 - Introduced by Law Revision Committee. Referred to Committee on Judiciary, Utilities, Commerce, and Government Operations.

SB285,1,2 An Act relating to: affecting various provisions of the statutes to correct errors and reconcile conflicts (Correction Bill).

Analysis by the Legislative Reference Bureau

This correction bill was prepared by the Legislative Reference Bureau under s. 13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats. Specific changes are explained in the Notes in the body of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB285, s. 1 Section 1. The treatment of 15.08 (1m) (b) of the statutes by 2009 Wisconsin Act 106 is not repealed by 2009 Wisconsin Act 149. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 15.08 (1m) (b) reads:

(b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, the physical therapy examining board, perfusionists examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the marriage and family therapy, professional counseling, and social work examining board, the psychology examining board, and the radiography examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB285, s. 2 Section 2. The treatment of 15.085 (1m) (b) of the statutes by 2009 Wisconsin Act 113 is not repealed by 2009 Wisconsin Act 149. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 15.085 (1m) (b) reads:

(b) The public members of the podiatry affiliated credentialing board or occupational therapists affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB285, s. 3 Section 3 . 20.437 (1) (jm) of the statutes, as affected by 2009 Wisconsin Act 76, section 1j, is amended to read:

SB285,2,12 20.437 (1) (jm) Licensing activities. All moneys received from licensing activities under ss. 48.60, 48.62, 48.625, and 938.22 (7), from fees under ss. 48.615, 48.625, and 938.22 (7) (b) and (c), and from fees under s. 48.685 (8) charged to entities other than day child care centers or day child care providers, for the costs of licensing child welfare agencies under s. 48.60, foster homes under s. 48.62, group homes under s. 48.625, and shelter care facilities under s. 938.22 (7) and for the purposes specified in s. 48.685 (2) (am) and (b) 1., (3) (a) and (b), and (5) (a) with respect to those entities.

Note: Inserts correct term. 2009 Wis. Act 76 inserted references to "day care." 2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without taking account of the treatment by Act 76.

SB285, s. 4 Section 4. 20.437 (2) (jn) of the statutes, as affected by 2009 Wisconsin Acts 76 and 185, is amended to read:

SB285,3,3 20.437 (2) (jn) Child care licensing and certification activities. All moneys received from licensing activities under s. 48.65, from certifying activities under s. 48.651, from fees under ss. 48.65 (3) and 48.651 (2), and from fees under s. 48.685 (8) charged to day child care centers and day child care providers for the costs of licensing child care centers under s. 48.65 and of certifying child care providers under s. 48.651 and for the purposes specified in s. 48.685 (2) (am), (ar), and (b) 1. and 2., (3) (am) and (bm), and (5) (a) with respect to day child care centers and day child care providers.

Note: Inserts correct term. 2009 Wis. Act 76 inserted four references to "day care" in this provision. 2009 Wis. Act 185 changed two previously existing references from "day care" to "child care" and made similar changes throughout the statutes without taking the treatment by Act 76 into account.

SB285, s. 5 Section 5. 23.24 (2) (a) 4. of the statutes is amended to read:

SB285,3,6 23.24 (2) (a) 4. Administer and establish by rule procedures and requirements for the issuing of aquatic plants plant management permits required under sub. (3).

Note: Makes terminology consistent with the remainder of ch. 23.

SB285, s. 6 Section 6. 23.33 (5r) (e) of the statutes is amended to read:

SB285,3,13 23.33 (5r) (e) If a private landowner enters into an agreement with a county to allow a public all-terrain vehicle corridor on the landowner's land for a period of at least 5 years, the landowner shall receive a supplemental payment, in addition to the payment as calculated under par. (c) (d), that equals 10 percent of the payment calculated under par. (c) (d) for each full or partial fiscal year that is included in the 5-year period.

Note: Corrects cross-reference. Section 23.33 (5r) (d) provides the method for calculating incentive payments. Section 23.33 (5r) (c) requires the forester or another employee of each county in which a public all-terrain vehicle corridor is located to measure the length of the corridor for the purpose of calculating the incentive payment.

SB285, s. 7 Section 7. 23.33 (5r) (g) of the statutes is amended to read:

SB285,3,17 23.33 (5r) (g) During fiscal year 2007-08, the department may expend up to $100,000 from the appropriation under s. 20.370 (5) (cu) (cv) for incentive payments under this program.

Note: Corrects cross-reference. Section 20.370 (5) (cv) is the appropriation for incentive payments to landowners for public all-terrain vehicle corridors. Section 20.370 (5) (cu) is the appropriation for payments to governmental units, under a separate program for all-terrain vehicle projects.

SB285, s. 8 Section 8. 26.39 (7) (a) of the statutes, as affected by 2009 Wisconsin Acts 28 and 181, is amended to read:

SB285,4,10 26.39 (7) (a) From the appropriation under s. 20.370 (5) (ax), the department shall establish a scholarship grant program to assist individuals who are seeking certification by the Great Lakes Timber Professionals Association as master loggers or who are seeking logger safety training certified by the Wisconsin Professional Loggers Great Lakes Timber Professionals Association. A scholarship grant under the program may not exceed 50 percent of the total cost of receiving the certification or training. The department shall promulgate rules that establish criteria for the program.

Note: 2009 Wis. Act 181 changed "Wisconsin Professional Loggers Association" to "Great Lakes Timber Professionals Association" throughout the statutes but did not take into account the treatment of s. 26.39 (7) (a) by 2009 Wis. Act 28, which added the reference stricken above.

SB285, s. 9 Section 9. 29.304 (3) (a) 1. of the statutes, as affected by 2009 Wisconsin Act 39, is amended to read:

SB285,4,14 29.304 (3) (a) 1. Is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian; or

Note: The underscored "or" was deleted by 2009 Wis. Act 39 without being shown as stricken. No change was intended.

SB285, s. 10 Section 10. 40.03 (2) (it) of the statutes is repealed.

Section 40.03 (2) (it) provided for the promulgation of rules "required for the administration of the private employer health care coverage program established under subch. X." Subchapter X of Chapter 40 was repealed 1-1-10 by 1999 Wis. Act 9.

SB285, s. 11 Section 11. The treatment of 45.40 (3m) of the statutes by 2009 Wisconsin Act 37 is not repealed by 2009 Wisconsin Act 113. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 45.40 (3m) reads:

(3m) Rules. The department shall promulgate rules establishing eligibility criteria and household income limits for payments under subs. (1m), (2), and (2m). The department may not include in the rules establishing eligibility criteria and household income limits any consideration of the first $50,000 of cash surrender value of any life insurance that is available to the veteran's household.

SB285, s. 12 Section 12. 48.299 (9) of the statutes, as created by 2009 Wisconsin Act 94, is amended to read:

SB285,5,12 48.299 (9) If at any point in the proceeding the court determines or has reason to know that the child is an Indian child, the court shall provide notice of the proceeding to the child's parent, Indian custodian, and tribe in the manner specified in s. 48.028 (4) (a). The next hearing in the proceeding may not be held until at least 10 days after receipt of the notice by the parent, Indian custodian, and tribe or, if the identity or location of the parent, Indian custodian, expectant mother, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for that hearing.

Note: Provides for parallel construction within the affected sentence, which contains no antecedent for "the ... expectant mother." Removal of the term makes the provision consistent with the notice provisions of s. 48.028 (4) (a) and makes the affected sentence congruent with those contained in ss. 48.42 (2g) (ag), 48.357 (2m) (br), and 48.357 (1) (c) 2r., as created by 2009 Wis. Act 94. Drafting records for Act 94 show that references to "expectant mothers" were included in drafts of Act 94 but removed prior to the final version.

SB285, s. 13 Section 13. 48.32 (1) (b) 1. c. of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,5,18 48.32 (1) (b) 1. c. If a permanency plan has previously been prepared for the child, a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement,.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 14 Section 14. 48.33 (4) (c) of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,6,13 48.33 (4) (c) Specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, specific information showing that the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been prepared for the child, specific information showing that the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement,.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 15 Section 15. 48.335 (3g) (c) of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,6,19 48.335 (3g) (c) That, if a permanency plan has previously been prepared for the child, the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement,.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 16 Section 16. 48.355 (2) (b) 6. of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,7,20 48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued placement of the child in his or her home would be contrary to the welfare of the child, a finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been prepared for the child, a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement,. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 17 Section 17. The treatment of 48.363 (1) (b) of the statutes by 2009 Wisconsin Act 79, section 38, is not repealed by 2009 Wisconsin Act 94, section 100. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.363 (1) (b) reads:

(b) If a hearing is held, at least 3 days before prior to the the hearing the court shall notify the child, the child's parent, guardian, legal custodian, and Indian custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2), the child's court-appointed special advocate, the district attorney or corporation counsel in the county in which the dispositional order was entered, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's tribe. If the child is the expectant mother of an unborn child under s. 48.133, the court shall also notify the unborn child by the unborn child's guardian ad litem. If the proceeding involves an adult expectant mother of an unborn child under s. 48.133, the court shall notify the adult expectant mother, the unborn child through the unborn child's guardian ad litem, all parties bound by the dispositional order, and the district attorney or corporation counsel in the county in which the dispositional order was entered. A copy of the request or proposal shall be attached to the notice. If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.

SB285, s. 18 Section 18. 48.365 (2m) (a) 1. and 1m. of the statutes, as affected by 2009 Wisconsin Act 79, section 44, and 2009 Wisconsin Act 94, section 106, and 2009 Wisconsin Act 185, section 17, are amended to read:

SB285,8,14 48.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the child is placed outside of his or her home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement, under. If an Indian child is placed outside the home of his or her parent or Indian custodian, the person or agency primarily responsible for providing services to the Indian child shall also present as evidence specific information showing that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful.

SB285,9,7 1m. The judge shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the child to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement, under. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the findings of fact shall also include a finding that active efforts under s. 48.028 (4) (d) 2. were made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful. An order shall be issued under s. 48.355.

Note: 2009 Wis. Act 185 deleted a comma where each underscored comma is inserted, but the reinsertion of those commas was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken commas, but they were rendered unnecessary by the treatment by Act 185. 2009 Wis. Act 94 inserted the two instances of the word "under" that are stricken here, but they were rendered surplusage by the Act 185 treatment.

SB285, s. 19 Section 19. The treatment of 48.365 (2m) (ag) of the statutes by 2009 Wisconsin Act 79, section 48, is not repealed by 2009 Wisconsin Act 94, section 110. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.365 (2m) (ag) reads:

(ag) The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under sub. (2) a right to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. A foster parent, treatment foster parent, or other physical custodian who receives notice of a hearing under sub. (2) and a right to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and having the right to be heard.

SB285, s. 20 Section 20. 48.365 (2m) (ag) of the statutes, as affected by 2009 Wisconsin Act Act 94, section 111, is amended to read:

SB285,9,16 48.365 (2m) (ag) The court shall give a foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under sub. (2) an opportunity a right to be heard at the hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. A foster parent or other physical custodian who receives notice of a hearing under sub. (2) and an opportunity a right to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and having the opportunity right to be heard.

Note: 2009 Wis. Act 94, section 111, repealed and recreated s. 48.365 (2m) (ag) without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79, section 49. There is no mutual inconsistency between the treatments made by the two acts, and the substantive changes made by Act 79 are made here in order to give effect to both treatments.

SB285, s. 21 Section 21. 48.38 (4m) of the statutes, as affected by 2009 Wisconsin Act 79, sections 56 and 57, and 2009 Wisconsin Act 94, sections 113 and 114, is repealed and recreated to read:

SB285,10,19 48.38 (4m) Reasonable efforts not required; permanency plan determination hearing. (a) If in a proceeding under s. 48.21, 48.32, 48.355, 48.357, or 48.365 the court finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the child. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing. At the hearing, the court shall consider placing the child in a placement outside this state if the court determines that such a placement would be in the best interests of the child and appropriate to achieving the goal of the child's permanency plan.

SB285,11,4 (b) At least 10 days before the date of the hearing the court shall notify the child; any parent, guardian, and legal custodian of the child; any foster parent, or other physical custodian described in s. 48.62 (2) of the child, the operator of the facility in which the child is living, or the relative with whom the child is living; and, if the child is an Indian child, the Indian child's Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing.

SB285,11,19 (c) If the child's permanency plan includes a statement under sub. (4) (i) indicating that the child's age and developmental level are sufficient for the court to consult with the child regarding the child's permanency plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court to consult with the child, the court determines that consultation with the child would be in the best interests of the child, the court shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child's permanency plan and any other matters the court finds appropriate. If none of those circumstances apply, the court may permit the child's caseworker, the child's counsel, or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the child's wishes, goals, and concerns regarding the permanency plan and those matters. If the court permits such a written or oral statement to be made or submitted, the court may nonetheless require the child to be physically present at the hearing.

SB285,12,2 (d) The court shall give a foster parent, other physical custodian described in s. 48.62 (2), operator of a facility, or relative who is notified of a hearing under par. (b) a right to be heard at the hearing by permitting the foster parent, other physical custodian, operator, or relative to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, other physical custodian, operator of a facility, or relative does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

Note: 2009 Wis. Act 79, section 56, and 2009 Wis. Act 94, section 113, create very similar, but not identical, provisions that are numbered s. 48.38 (4m). This treatment gives effect to both acts by merging the text of the two provisions and eliminating minor differences in punctuation and sentence structure. The provision created as s. 48.38 (4m) (c) in Act 94 is created as s. 48.38 (4m) (d) in Act 79, and a provision with no counterpart in Act 94 is created as s. 48.38 (4m) (c) in Act 79. The provision created as 48.38 (4m) (c) in Act 79 is recreated here as s. 48.38 (4m) (c), and the provision created as s. 48.38 (4m) (c) in Act 94 and as s. 48.38 (4m) (d) in Act 79 is recreated here as s. 48.38 (4m) (d). Act 79, section 57, and Act 94, section 114, each eliminated the phrase "treatment foster parent" in s. 48.38 (4m), as created by the respective acts, as of January 1, 2011.

SB285, s. 22 Section 22. The treatment of 48.38 (5) (b) of the statutes by 2009 Wisconsin Act 79, section 58, is not repealed by 2009 Wisconsin Act 94, section 115. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.38 (5) (b) reads:

(b) The court or the agency shall notify the child; the child's parent, guardian, and legal custodian; and the child's foster parent or treatment foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they shall have a right to be heard at the review as provided in par. (bm) 1. The court or agency shall notify the person representing the interests of the public, the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review as provided in par. (bm) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child's case record.

SB285, s. 23 Section 23 . 48.38 (5) (b) of the statutes, as affected by 2009 Wisconsin Act 94, section 116, is amended to read:

SB285,13,11 48.38 (5) (b) The court or the agency shall notify the child, if he or she is 12 years of age or older; the child's parent, guardian, and legal custodian; the child's foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe of the date, time, and place , and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity shall have a right to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review as provided in par. (bm) 1. The court or agency shall notify the person representing the interests of the public, the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate of the date time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review have an opportunity to be heard at the review as provided in par. (bm) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child's case record.

Note: 2009 Wis. Act 94, section 116, repealed and recreated s. 48.38 (5) (b) without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79, section 59. There is no mutual inconsistency between the treatments made by the two acts, and the substantive changes made by Act 79 are made here in order to give effect to both acts.

SB285, s. 24 Section 24. 48.38 (5) (bm) 1. of the statutes, as affected by 2009 Wisconsin Act 79, section 61, is amended to read:

SB285,14,4 48.38 (5) (bm) 1. A child, parent, guardian, legal custodian, foster parent, operator of a facility, or relative who is provided notice of the review under par. (b) shall have a right to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review or by participating at the review. A person representing the interests of the public, counsel, guardian ad litem, or court-appointed special advocate who is provided notice of the review under par. (b) may have an opportunity to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review. A foster parent, operator of a facility, or relative who receives notice of a hearing review under par. (b) and a right to be heard under this subdivision does not become a party to the proceeding on which the review is held solely on the basis of receiving that notice and right to be heard.

Note: 2009 Wis. Act 79 deleted "review" without showing it as stricken and inserted "hearing" without showing it as scored. No change was intended. The proceeding under s. 938.38 (5) (b) is referred to as a "review" throughout the provision.

SB285, s. 25 Section 25. 48.38 (5) (c) 7. of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,14,9 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan, including, if appropriate, through an out-of-state placement,.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 26 Section 26. The treatment of 48.38 (5) (d) of the statutes by 2009 Wisconsin Act 79 is not repealed by 2009 Wisconsin Act 94. Both treatments stand.