SB502, s. 142
18Section
142. 938.355 (2e) (c) of the statutes is amended to read:
SB502,59,2219
938.355
(2e) (c) Either the court or the agency that prepared the
permanency 20case plan shall furnish a copy of the original plan and each revised plan to the
21juvenile's parent or guardian, to the juvenile or the juvenile's counsel or guardian ad
22litem and to the person representing the interests of the public.
SB502, s. 143
23Section
143. 938.356 (1) of the statutes is amended to read:
SB502,60,624
938.356
(1) Oral warning. Whenever the court orders a juvenile to be placed
25outside his or her home or denies a parent visitation because the juvenile has been
1adjudged to be delinquent or to be in need of protection or services under s. 938.34,
2938.345, 938.357, 938.363, or 938.365 and whenever the court reviews a
permanency 3case plan under s. 938.38 (5m), the court shall orally inform the parent or parents
4who appear in court of any grounds for termination of parental rights under s. 48.415
5which may be applicable and of the conditions necessary for the juvenile to be
6returned to the home or for the parent to be granted visitation.
SB502, s. 144
7Section
144. 938.357 (1) (am) 1. of the statutes is amended to read:
SB502,60,208
938.357
(1) (am) 1. If the proposed change in placement involves any change
9in placement other than a change in placement under par. (c), the person or agency
10primarily responsible for implementing the dispositional order or the district
11attorney shall cause written notice of the proposed change in placement to be sent
12to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any
13foster parent or other physical custodian described in s. 48.62 (2) of the juvenile. If
14the juvenile is an Indian juvenile who has been removed from the home of his or her
15parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall
16also be sent to the Indian juvenile's Indian custodian and tribe. The notice shall
17contain the name and address of the new placement, the reasons for the change in
18placement, a statement describing why the new placement is preferable to the
19present placement, and a statement of how the new placement satisfies
the 20objectives of the
treatment juvenile's case plan
ordered by the court.
SB502, s. 145
21Section
145. 938.357 (1) (c) 1. of the statutes is amended to read:
SB502,61,1122
938.357
(1) (c) 1. If the proposed change in placement would change the
23placement of a juvenile placed in the home to a placement outside the home, the
24person or agency primarily responsible for implementing the dispositional order or
25the district attorney shall submit a request for the change in placement to the court.
1The request shall contain the name and address of the new placement, the reasons
2for the change in placement, a statement describing why the new placement is
3preferable to the present placement, and a statement of how the new placement
4satisfies
the objectives of the
treatment juvenile's case plan
ordered by the court. The
5request shall also contain specific information showing that continued placement of
6the juvenile in his or her home would be contrary to the welfare of the juvenile and,
7unless any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies, specific
8information showing that the agency primarily responsible for implementing the
9dispositional order has made reasonable efforts to prevent the removal of the
10juvenile from the home, while assuring that the juvenile's health and safety are the
11paramount concerns.
SB502, s. 146
12Section
146. 938.357 (2v) (c) of the statutes is amended to read:
SB502,61,1613
938.357
(2v) (c)
Permanency
Case plan hearing. If the court finds under par.
14(a) 3. that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with
15respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days
16after the date of that finding to determine the
permanency case plan for the juvenile.
SB502, s. 147
17Section
147. 938.358 of the statutes is created to read:
SB502,61,23
18938.358 Trial reunification. (1) Definition. In this section, "trial
19reunification" means a return of a juvenile who is placed in an out-of-home
20placement under s. 938.355 or 938.357 to the home of his or her parent or other home
21from which the juvenile was removed for a specified and limited period for the
22purpose of determining the appropriateness of permanently returning the juvenile
23to that home.
SB502,62,11
24(2) Trial reunification; procedure. (a)
Request or proposal. The person or
25agency primarily responsible for implementing the dispositional order may request,
1or the court on its own motion may propose, a trial reunification. The request or
2proposal shall contain the name and address of the home that is the site of the
3requested or proposed trial reunification, a statement describing why the trial
4reunification is in the best interests of the juvenile, and a statement describing how
5the trial reunification satisfies the objectives of the juvenile's case plan. No person
6may request or propose a trial reunification on the grounds that an emergency
7condition necessitates an immediate return of the juvenile to the home of his or her
8parent or other home from which the juvenile was removed. If an emergency
9condition necessitates such an immediate return, the person or agency primarily
10responsible for implementing the dispositional order shall proceed as provided in s.
11938.357 (2).
SB502,62,2012
(b)
Notice; information required. The person requesting the trial reunification
13shall submit the request to the court. That person or the court shall cause written
14notice of the proposed trial reunification to be sent to the juvenile, the parent,
15guardian, and legal custodian of the juvenile, any foster parent or other physical
16custodian described in s. 48.62 (2) of the juvenile, all parties who are bound by the
17dispositional order, and, if the juvenile is an Indian juvenile who has been removed
18from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m),
19or (7), the Indian juvenile's Indian custodian and tribe. The notice shall contain the
20information that is required to be included in the request or proposal under par. (a).
SB502,63,221
(c)
Hearing; when required. Any person receiving the notice under par. (b) may
22obtain a hearing on the matter by filing an objection with the court within 10 days
23after receipt of the notice. If a hearing is scheduled, not less than 3 days before the
24hearing the person requesting the trial reunification or the court shall provide notice
25of the hearing to all persons who are entitled to receive notice under par. (b). A copy
1of the request or proposal for the trial reunification shall be attached to the notice.
2If all of the parties consent, the court may proceed immediately with the hearing.
SB502,63,183
(d)
Order. If the court finds that the trial reunification is in the best interests
4of the juvenile and that the trial reunification satisfies the objectives of the juvenile's
5case plan, the court shall grant an order authorizing the trial reunification. A trial
6reunification shall terminate 90 days after the date of the order, unless the court
7specifies a shorter period in the order, extends the trial reunification under sub. (3),
8or revokes the trial reunification under sub. (4) (c) or the person or agency primarily
9responsible for implementing the dispositional order makes an emergency change in
10placement as provided in sub. (4) (d). No trial reunification order may extend the
11expiration date of the original dispositional order under s. 938.355 or any extension
12order under s. 938.365. A trial reunification under this section is not a change in
13placement under s. 938.357. At the end of a trial reunification, the person or agency
14primarily responsible for implementing the dispositional order may return the
15juvenile to an out-of-home placement without further order of the court,
16notwithstanding s. 938.357, or may request a change in placement under s. 938.357
17(1) (am) to change the placement of the juvenile to a placement in the home of the
18juvenile's parent or other home from which the juvenile was removed.
SB502,64,3
19(3) Extension of trial reunification. (a)
Extension request or proposal. The
20person or agency primarily responsible for implementing the dispositional order may
21request, or the court on its own motion may propose, an extension of the trial
22reunification. The request or proposal shall contain a statement describing how the
23trial reunification continues to be in the best interests of the juvenile and continues
24to meet the objectives of the juvenile's case plan. No later than 10 days prior to the
25expiration of the trial reunification, the person who requests or proposes the
1extension shall submit the request or proposal to the court that ordered the trial
2reunification and shall cause notice of the request or proposal to be provided to all
3persons who are entitled to receive notice under sub. (2) (b).
SB502,64,114
(b)
Extension hearing; when required. Any person who is entitled to receive
5notice of the extension request or proposal under par. (a) may obtain a hearing on the
6matter by filing an objection with the court within 5 days after receipt of the notice.
7If a hearing is scheduled, not less than 3 days before the hearing the person
8requesting the extension or the court shall provide notice of the hearing to all persons
9who are entitled to receive notice of the extension request or proposal under par. (a).
10A copy of the request or proposal for the extension shall be attached to the notice.
11If all of the parties consent, the court may proceed immediately with the hearing.
SB502,64,1712
(c)
Extension order. If the court finds that the trial reunification continues to
13be in the best interests of the juvenile and continues to meet the objectives of the
14juvenile's case plan, the court shall grant an order extending the trial reunification
15for a period specified by the court not to exceed 60 days. Any number of extensions
16may be granted under this paragraph, but the total period for a trial reunification
17may not exceed 150 days.
SB502,65,5
18(4) Revocation of trial reunification. (a)
Revocation request; information
19required. If the person or agency primarily responsible for implementing the
20dispositional order has reasonable cause to suspect that a juvenile who has been
21returned to the home of his or her parent or other home from which the juvenile was
22removed for a trial reunification has been abused or neglected, has reason to believe
23that such a juvenile has been threatened with abuse or neglect and that abuse or
24neglect of the juvenile is likely to occur, or otherwise has reason to believe that the
25trial reunification is no longer in the best interests of the juvenile, that person or
1agency may request the court to revoke the trial reunification. That person or agency
2shall submit the request to the court that ordered the trial reunification and shall
3cause notice of the request to be provided to all persons who are entitled to receive
4notice of the trial reunification under a sub. (2) (b). The request shall contain the
5reasons for the proposed revocation.
SB502,65,126
(b)
Revocation hearing; when required. Any person who is entitled to receive
7notice of the revocation request under par. (a) may obtain a hearing on the matter
8by filing an objection with the court within 5 days after receipt of the notice. If a
9hearing is scheduled, not less than 3 days prior to the hearing the court shall provide
10notice of the hearing, together with a copy of the request for the revocation, to all
11persons who are entitled to receive notice under par. (a). If all parties consent, the
12court may proceed immediately with the hearing.
SB502,65,1913
(c)
Revocation order. If the court finds that the juvenile, while returned to the
14home of his or her parent or other home from which the juvenile was removed for a
15trial reunification, has been abused or neglected, or has been threatened with abuse
16or neglect and that abuse or neglect of the juvenile is likely to occur, or finds that the
17trial reunification is no longer in the best interests of the juvenile, the court shall
18grant an order revoking the trial reunification and returning the juvenile to an
19out-of-home placement.
SB502,65,2320
(d)
Emergency change in placement. If an emergency condition necessitates an
21immediate removal of the juvenile from the home of his or her parent or other home
22from which the juvenile was removed, the person or agency primarily responsible for
23implementing the dispositional order may proceed as provided in s. 938.357 (2).
SB502,66,9
24(5) Removal from foster home or other physical custodian. If a hearing is
25held under sub. (2) (c) and the trial reunification would remove a juvenile from a
1foster home or other placement with a physical custodian described in s. 48.62 (2),
2the court shall give the foster parent or other physical custodian a right to be heard
3at the hearing by permitting the foster parent or other physical custodian to make
4a written or oral statement during the hearing or to submit a written statement prior
5to the hearing relating to the juvenile and the requested trial reunification. A foster
6parent or other physical custodian described in s. 48.62 (2) who receives notice of a
7hearing under sub. (2) (c) and a right to be heard under this subsection does not
8become a party to the proceeding on which the hearing is held solely on the basis of
9receiving that notice and right to be heard.
SB502,66,15
10(6) Prohibited trial reunifications based on homicide of parent. (a)
11Prohibition. Except as provided in par. (c), the court may not order a trial
12reunification in the home of a person who has been convicted under s. 940.01 of the
13first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
14homicide, of a parent of the juvenile, if the conviction has not been reversed, set aside,
15or vacated.
SB502,66,2116
(b)
Revocation. Except as provided in par. (c), if a parent in whose home a
17juvenile is placed for a trial reunification is convicted under s. 940.01 of the
18first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
19homicide, of the juvenile's other parent, and the conviction has not been reversed, set
20aside, or vacated, the court shall revoke the trial reunification as provided in sub. (4)
21(c).
SB502,66,2522
(c)
Exception. Paragraphs (a) and (b) do not apply if the court determines by
23clear and convincing evidence that the placement would be in the best interests of
24the juvenile. The court shall consider the wishes of the juvenile in making that
25determination.
SB502, s. 148
1Section
148. 938.363 (1) (a) of the statutes is amended to read:
SB502,67,162
938.363
(1) (a) A juvenile, the juvenile's parent, guardian, or legal custodian,
3any person or agency bound by a dispositional order, the district attorney or
4corporation counsel in the county in which the dispositional order was entered or, if
5the juvenile is an Indian juvenile who is in need of protection or services under s.
6938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian may request a
7revision in the order that does not involve a change in placement
or a trial
8reunification, including a revision with respect to the amount of child support to be
9paid by a parent. The court may also propose a revision. The request or court
10proposal shall set forth in detail the nature of the proposed revision and what new
11information is available that affects the advisability of the court's disposition. The
12request or court proposal shall be submitted to the court. The court shall hold a
13hearing on the matter prior to any revision of the dispositional order if the request
14or court proposal indicates that new information is available that affects the
15advisability of the court's dispositional order, unless written waivers of objections to
16the revision are signed by all parties entitled to receive notice and the court approves.
SB502, s. 149
17Section
149. 938.365 (2g) (b) 2. of the statutes is amended to read:
SB502,67,2318
938.365
(2g) (b) 2. An evaluation of the juvenile's adjustment to the placement
19and of any progress the juvenile has made, suggestions for amendment of the
20permanency case plan, and specific information showing the efforts that have been
21made to achieve the goal of the
permanency case plan, including, if applicable, the
22efforts of the parents to remedy the factors that contributed to the juvenile's
23placement.
SB502, s. 150
24Section
150. 938.365 (2g) (b) 3. of the statutes is amended to read:
SB502,68,20
1938.365
(2g) (b) 3. If the juvenile has been placed outside of his or her home
2in a foster home, group home, nonsecured residential care center for children and
3youth, or shelter care facility for 15 of the most recent 22 months, not including any
4period during which the juvenile was a runaway from the out-of-home placement
5or
the first 6 months of any period during which the juvenile was returned to his or
6her home for a trial
home visit reunification, a statement of whether or not a
7recommendation has been made to terminate the parental rights of the parents of
8the juvenile. If a recommendation for a termination of parental rights has been
9made, the statement shall indicate the date on which the recommendation was made,
10any previous progress made to accomplish the termination of parental rights, any
11barriers to the termination of parental rights, specific steps to overcome the barriers
12and when the steps will be completed, reasons why adoption would be in the best
13interest of the juvenile and whether or not the juvenile should be registered with the
14adoption information exchange. If a recommendation for termination of parental
15rights has not been made, the statement shall include an explanation of the reasons
16why a recommendation for termination of parental rights has not been made. If the
17lack of appropriate adoptive resources is the primary reason for not recommending
18a termination of parental rights, the agency shall recommend that the juvenile be
19registered with the adoption information exchange or report the reason why
20registering the juvenile is contrary to the best interest of the juvenile.
SB502, s. 151
21Section
151. 938.365 (2m) (a) 1. of the statutes is amended to read:
SB502,69,722
938.365
(2m) (a) 1. Any party may present evidence relevant to the issue of
23extension. If the juvenile is placed outside of his or her home, the person or agency
24primarily responsible for providing services to the juvenile shall present as evidence
25specific information showing that the person or agency has made reasonable efforts
1to achieve the goal of the juvenile's
permanency case plan
, including, if appropriate,
2through an out-of-state placement
,. If an Indian juvenile is placed outside the home
3of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the person
4or agency primarily responsible for providing services to the Indian juvenile shall
5also present as evidence specific information showing that active efforts under s.
6938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's
7family and that those efforts have proved unsuccessful.
SB502, s. 152
8Section
152. 938.365 (2m) (a) 1m. of the statutes is amended to read:
SB502,69,189
938.365
(2m) (a) 1m. The court shall make findings of fact and conclusions of
10law based on the evidence. The findings of fact shall include a finding as to whether
11reasonable efforts were made by the person or agency primarily responsible for
12providing services to the juvenile to achieve the goal of the juvenile's
permanency 13case plan
, including, if appropriate, through an out-of-state placement
,. If the
14juvenile is an Indian juvenile who is placed outside the home of his or her parent or
15Indian custodian under s. 938.13 (4), (6), (6m), or (7), the findings of fact shall also
16include a finding that active efforts under s. 938.028 (4) (d) 2. were made to prevent
17the breakup of the Indian juvenile's family and that those efforts have proved
18unsuccessful. An order shall be issued under s. 938.355.
SB502, s. 153
19Section
153. 938.365 (2m) (a) 3. of the statutes is amended to read:
SB502,70,320
938.365
(2m) (a) 3. The court shall make the findings under subd. 1m. relating
21to reasonable efforts to achieve the goal of the juvenile's
permanency case plan and
22the findings under subd. 2. on a case-by-case basis based on circumstances specific
23to the juvenile and shall document or reference the specific information on which
24those findings are based in the order issued under s. 938.355. An order that merely
25references subd. 1m. or 2. without documenting or referencing that specific
1information in the order or an amended order that retroactively corrects an earlier
2order that does not comply with this subdivision is not sufficient to comply with this
3subdivision.
SB502, s. 154
4Section
154. 938.365 (2m) (ad) of the statutes is amended to read:
SB502,70,85
938.365
(2m) (ad) If the court finds that any of the circumstances under s.
6938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
7under s. 938.38 (4m) within 30 days after the date of that finding to determine the
8permanency case plan for the juvenile.
SB502, s. 155
9Section
155. 938.365 (7) of the statutes is amended to read:
SB502,70,1410
938.365
(7) Changes in placement and trial reunifications not permitted. 11Nothing in this section may be construed to allow any changes in placement
, trial
12reunification, or revocation of aftercare supervision. Revocation and other changes
13in placement may take place only under s. 938.357
, and trial reunifications may take
14place only under s. 938.358.
SB502, s. 156
15Section
156. 938.371 (1) (a) of the statutes is amended to read:
SB502,70,2116
938.371
(1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the
17juvenile as provided under s. 252.15 (3m) (d) 15., including results included in a court
18report or
permanency case plan. At the time that the test results are provided, the
19agency shall notify the foster parent, relative, or operator of the group home,
20residential care center for children and youth, or juvenile correctional facility of the
21confidentiality requirements under s. 252.15 (6).
SB502, s. 157
22Section
157. 938.371 (1) (b) of the statutes is amended to read:
SB502,70,2523
938.371
(1) (b) Results of any tests of the juvenile to determine the presence
24of viral hepatitis, type B, including results included in a court report or
permanency 25case plan.
SB502, s. 158
1Section
158. 938.371 (3) (intro.) of the statutes is amended to read:
SB502,71,142
938.371
(3) Other information. (intro.) At the time of placement of a juvenile
3in a foster home, group home, residential care center for children and youth, or
4juvenile correctional facility or in the home of a relative other than a parent or, if the
5information is not available at that time, as soon as possible after the date on which
6the court report or
permanency case plan has been submitted, but no later than 7
7days after that date, the agency, as defined in s. 938.38 (1) (a), responsible for
8preparing the juvenile's
permanency case plan shall provide to the foster parent,
9relative, or operator of the group home, residential care center for children and
10youth, or juvenile correctional facility information contained in the court report
11submitted under s. 938.33 (1) or 938.365 (2g) or
permanency case plan submitted
12under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court or agency
13that prepared the court report or
permanency case plan relating to any of the
14following:
SB502, s. 159
15Section
159. 938.371 (4) of the statutes is amended to read:
SB502,71,2316
938.371
(4) Disclosure before placement permitted. Subsection (1) does not
17preclude an agency, as defined in s. 48.38 (1) (a), that is arranging for the placement
18of a juvenile from providing the information specified in sub. (1) (a) to (c) to a person
19specified in sub. (1) (intro.) before the time of placement of the juvenile. Subsection
20(3) does not preclude an agency, as defined in s. 48.38 (1) (a), responsible for preparing
21a juvenile's court report or
permanency case plan from providing the information
22specified in sub. (3) (a) to (e) to a person specified in sub. (3) (intro.) before the time
23of placement of the juvenile.
SB502, s. 160
24Section
160. 938.371 (5) of the statutes is amended to read:
SB502,72,7
1938.371
(5) Confidentiality of information. Except as permitted under s.
2252.15 (6), a foster parent, treatment foster parent, relative, or operator of a group
3home, residential care center for children and youth, or juvenile correctional facility
4that receives any information under sub. (1) or (3), other than the information
5described in sub. (3) (e), shall keep the information confidential and may disclose that
6information only for the purposes of providing care for the juvenile or participating
7in a court hearing or
permanency case plan review concerning the juvenile.
SB502, s. 161
8Section
161. Subchapter VII (title) of chapter 938 [precedes 938.38] of the
9statutes is amended to read:
SB502, s. 162
13Section
162. 938.38 (title) of the statutes is amended to read:
SB502,72,14
14938.38 (title)
Permanency
Case planning.
SB502, s. 163
15Section
163. 938.38 (1) (am) of the statutes is amended to read:
SB502,72,1916
938.38
(1) (am) "Independent agency" means a private, nonprofit organization,
17but does not include a licensed child welfare agency that is authorized to prepare
18permanency case plans or that is assigned the primary responsibility of providing
19services under a
permanency case plan.
SB502, s. 164
20Section
164. 938.38 (1) (b) of the statutes is renumbered 938.02 (1v) and
21amended to read:
SB502,72,2422
938.02
(1v) "
Permanency Case plan" means a plan designed to ensure that a
23juvenile is reunified with his or her family whenever appropriate, or that the juvenile
24quickly attains a placement or home providing long-term stability.
SB502, s. 165
25Section
165. 938.38 (2) (intro.) of the statutes is amended to read:
SB502,73,9
1938.38
(2) Permanency Case plan required. (intro.) Except as provided in sub.
2(3), for each juvenile living in a foster home, group home, residential care center for
3children and youth, juvenile detention facility, or shelter care facility, the agency that
4placed the juvenile or arranged the placement or the agency assigned primary
5responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g. shall
6prepare a written
permanency case plan, if any of the following conditions exists,
7and, for each juvenile living in the home of a relative other than a parent, that agency
8shall prepare a written
permanency case plan, if any of the conditions under pars.
9(a) to (e) exists:
SB502, s. 166
10Section
166. 938.38 (3) (intro.) of the statutes is amended to read:
SB502,73,1411
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:
SB502, s. 167
15Section
167. 938.38 (3) (a) of the statutes is amended to read:
SB502,73,2416
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.
SB502, s. 168
25Section
168. 938.38 (3) (b) of the statutes is amended to read:
SB502,74,3
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.
SB502, s. 169
4Section
169. 938.38 (4) (intro.) of the statutes is amended to read:
SB502,74,65
938.38
(4) Contents of plan. (intro.) The
permanency case plan shall include
6all of the following:
SB502, s. 170
7Section
170. 938.38 (4) (ar) of the statutes is amended to read:
SB502,74,168
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.
SB502, s. 171
17Section
171. 938.38 (4) (br) 2. of the statutes is amended to read:
SB502,75,218
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.
SB502, s. 172
3Section
172. 938.38 (4) (f) 3. of the statutes is amended to read:
SB502,75,84
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.
SB502, s. 173
9Section
173. 938.38 (4) (fg) (intro.) of the statutes is amended to read:
SB502,75,2410
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:
SB502, s. 174
25Section
174. 938.38 (4) (fg) 5. of the statutes is amended to read:
SB502,76,4
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.
SB502, s. 175
5Section
175. 938.38 (4) (fm) of the statutes is renumbered 938.38 (4) (fm)
6(intro.) and amended to read:
SB502,76,137
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:
SB502,76,17
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.
SB502, s. 176
18Section
176. 938.38 (4) (fm) 1. of the statutes is created to read:
SB502,76,2119
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.
SB502, s. 177
22Section
177. 938.38 (4) (i) of the statutes is amended to read: