SB502,25,1513 48.365 (7) Nothing in this section may be construed to allow any changes in
14placement or trial reunifications. Changes in placement may take place only under
15s. 48.357, and trial reunifications may take place only under s. 48.358.
SB502, s. 42 16Section 42. 48.371 (1) (a) of the statutes is amended to read:
SB502,25,2217 48.371 (1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the child,
18as provided under s. 252.15 (3m) (d) 15., including results included in a court report
19or permanency case plan. At the time that the HIV test results are provided, the
20agency shall notify the foster parent, relative, or operator of the group home or
21residential care center for children and youth of the confidentiality requirements
22under s. 252.15 (6).
SB502, s. 43 23Section 43. 48.371 (1) (b) of the statutes is amended to read:
SB502,26,3
148.371 (1) (b) Results of any tests of the child to determine the presence of viral
2hepatitis, type B, including results included in a court report or permanency case
3plan.
SB502, s. 44 4Section 44. 48.371 (3) (intro.) of the statutes is amended to read:
SB502,26,165 48.371 (3) (intro.) At the time of placement of a child in a foster home, group
6home, or residential care center for children and youth or in the home of a relative
7other than a parent or, if the information is not available at that time, as soon as
8possible after the date on which the court report or permanency case plan has been
9submitted, but no later than 7 days after that date, the agency, as defined in s. 48.38
10(1) (a), responsible for preparing the child's permanency case plan shall provide to
11the foster parent, relative, or operator of the group home or residential care center
12for children and youth information contained in the court report submitted under s.
1348.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2), or 48.837 (4) (c) or permanency case plan
14submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), or
1548.831 (4) (e) relating to findings or opinions of the court or agency that prepared the
16court report or permanency case plan relating to any of the following:
SB502, s. 45 17Section 45. 48.371 (4) of the statutes is amended to read:
SB502,26,2418 48.371 (4) Subsection (1) does not preclude an agency, as defined in s. 48.38 (1)
19(a), that is arranging for the placement of a child from providing the information
20specified in sub. (1) (a) to (c) to a person specified in sub. (1) (intro.) before the time
21of placement of the child. Subsection (3) does not preclude an agency, as defined in
22s. 48.38 (1) (a), responsible for preparing a child's court report or permanency case
23plan from providing the information specified in sub. (3) (a) to (e) to a person specified
24in sub. (3) (intro.) before the time of placement of the child.
SB502, s. 46 25Section 46. 48.371 (5) of the statutes is amended to read:
SB502,27,6
148.371 (5) Except as permitted under s. 252.15 (6), a foster parent, relative, or
2operator of a group home or residential care center for children and youth that
3receives any information under sub. (1) or (3), other than the information described
4in sub. (3) (e), shall keep the information confidential and may disclose that
5information only for the purposes of providing care for the child or participating in
6a court hearing or permanency case plan review concerning the child.
SB502, s. 47 7Section 47. Subchapter VII (title) of chapter 48 [precedes 48.38] of the statutes
8is amended to read:
SB502,27,9 9chapter 48
SB502,27,10 10Subchapter VII
SB502,27,11 11permanency case planning; records
SB502, s. 48 12Section 48. 48.38 (title) of the statutes is amended to read:
SB502,27,13 1348.38 (title) Permanency Case planning.
SB502, s. 49 14Section 49. 48.38 (1) (am) of the statutes is amended to read:
SB502,27,1815 48.38 (1) (am) "Independent agency" means a private, nonprofit organization,
16but does not include a licensed child welfare agency that is authorized to prepare
17permanency case plans or that is assigned the primary responsibility of providing
18services under a permanency case plan.
SB502, s. 50 19Section 50. 48.38 (1) (b) of the statutes is renumbered 48.02 (1v) and amended
20to read:
SB502,27,2321 48.02 (1v) "Permanency Case plan" means a plan designed to ensure that a
22child is reunified with his or her family whenever appropriate, or that the child
23quickly attains a placement or home providing long-term stability.
SB502, s. 51 24Section 51. 48.38 (2) (intro.) of the statutes is amended to read:
SB502,28,9
148.38 (2) Permanency Case plan required. (intro.) Except as provided in sub.
2(3), for each child 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 child or arranged the placement or the agency assigned primary
5responsibility for providing services to the child under s. 48.355 (2) (b) 6g. shall
6prepare a written permanency case plan, if any of the following conditions exists,
7and, for each child 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 specified in
9pars. (a) to (e) exists:
SB502, s. 52 10Section 52. 48.38 (3) of the statutes is amended to read:
SB502,28,1611 48.38 (3) Time. Subject to sub. (4m) (a), the agency shall file the permanency
12case plan with the court within 60 days after the date on which the child was first
13removed from his or her home, except that if the child is held for less than 60 days
14in a juvenile detention facility, juvenile portion of a county jail, or a shelter care
15facility, no permanency case plan is required if the child is returned to his or her home
16within that period.
SB502, s. 53 17Section 53. 48.38 (4) (intro.) of the statutes is amended to read:
SB502,28,1918 48.38 (4) Contents of plan. (intro.) The permanency case plan shall include
19all of the following:
SB502, s. 54 20Section 54. 48.38 (4) (ar) of the statutes is amended to read:
SB502,29,321 48.38 (4) (ar) A description of the services offered and any services provided in
22an effort to prevent the removal of the child from his or her home, while assuring that
23the health and safety of the child are the paramount concerns, and to achieve the goal
24of the permanency case plan, except that the permanency case plan is not required
25to include a description of the services offered or provided with respect to a parent

1of the child to prevent the removal of the child from the home or to achieve the
2permanency case plan goal of returning the child safely to his or her home if any of
3the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies to that parent.
SB502, s. 55 4Section 55. 48.38 (4) (br) 2. of the statutes is amended to read:
SB502,29,145 48.38 (4) (br) 2. If the child has one or more siblings who have also been
6removed from the home, a description of the efforts made to place the child in a
7placement that enables the sibling group to remain together and, if a decision is made
8not to place the child and his or her siblings in a joint placement, a statement as to
9why a joint placement would be contrary to the safety or well-being of the child or
10any of those siblings and a description of the efforts made to provide for frequent
11visitation or other ongoing interaction between the child and those siblings. If a
12decision is made not to provide for that visitation or interaction, the permanency case
13plan shall include a statement as to why that visitation or interaction would be
14contrary to the safety or well-being of the child or any of those siblings.
SB502, s. 56 15Section 56. 48.38 (4) (f) 3. of the statutes is amended to read:
SB502,29,2016 48.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe
17return of the child to his or her home, or, if appropriate, obtain an alternative
18permanent placement
for the child a placement for adoption, with a guardian, with
19a fit and willing relative, or in some other planned permanent living arrangement
20in which the child is in a long-term relationship with an adult
.
SB502, s. 57 21Section 57. 48.38 (4) (fg) (intro.) of the statutes is amended to read:
SB502,30,1122 48.38 (4) (fg) (intro.) The goal of the permanency case plan or, if the agency is
23making concurrent reasonable efforts under engaging in concurrent planning, as
24defined in
s. 48.355 (2b) (a), the primary and concurrent goals of the permanency case
25plan. If a goal of the permanency case plan is any goal other than return of the child

1to his or her home
to place the child for adoption, with a guardian, or with a fit and
2willing relative
, the permanency case plan shall include the rationale for deciding
3on that goal. If a goal of the permanency plan is an alternative permanent placement
4under subd. 5., the permanency plan shall document a compelling reason why it
5would not be in the best interest of the child to pursue a goal specified in subds. 1.
6to 4.
and the efforts made to achieve that goal, including, if appropriate, through an
7out-of-state placement. If the agency determines under s. 48.355 (2b) (b) to engage
8in concurrent planning, the case plan shall include the rationale for that
9determination and a description of the concurrent plan and the primary and
10concurrent goals of the concurrent plan.
The agency shall determine one or more of
11the following goals to be the goal or goals of a child's permanency case plan:
SB502, s. 58 12Section 58. 48.38 (4) (fg) 5. of the statutes is amended to read:
SB502,30,1613 48.38 (4) (fg) 5. Some As provided in par. (fm), some other alternative planned
14permanent placement living arrangement in which the child is in a long-term
15relationship with an adult
, including sustaining care, independent living, or
16long-term foster care, but not including independent living.
SB502, s. 59 17Section 59. 48.38 (4) (fm) of the statutes is renumbered 48.38 (4) (fm) (intro.)
18and amended to read:
SB502,30,2519 48.38 (4) (fm) (intro.) If the goal of the permanency plan is to agency determines
20that there is a compelling reason why it would not be in the best interests of the child
21to return the child to his or her home or to
place the child for adoption, with a
22guardian, or with a fit and willing relative, or the permanency goal of placing the
23child
in some other alternative planned permanent placement, living arrangement
24described in par. (fg) 5. If the agency makes that determination, the plan shall
25include all of the following:
SB502,31,4
12. The compelling reason why it would not be in the best interests of the child
2to return the child to his or her home or to place the child for adoption, with a
3guardian, or with a fit and willing relative and
the efforts made to achieve that goal,
4including, if appropriate, through an out-of-state placement.
SB502, s. 60 5Section 60. 48.38 (4) (fm) 1. of the statutes is created to read:
SB502,31,86 48.38 (4) (fm) 1. A concurrent plan under s. 48.355 (2b) (b) towards achieving
7a permanency goal under par. (fg) 1. to 4. as well as the permanency goal under par.
8(fg) 5.
SB502, s. 61 9Section 61. 48.38 (4) (i) of the statutes is amended to read:
SB502,31,1710 48.38 (4) (i) A statement as to whether the child's age and developmental level
11are sufficient for the court to consult with the child at the permanency case plan
12determination hearing under sub. (4m) (c) or at the permanency case plan hearing
13under sub. (5m) (c) 2. or s. 48.43 (5) (b) 2. or for the court or panel to consult with the
14child at the permanency case plan review under sub. (5) (bm) 2. and, if a decision is
15made that it would not be age appropriate or developmentally appropriate for the
16court or panel to consult with the child, a statement as to why consultation with the
17child would not be appropriate.
SB502, s. 62 18Section 62. 48.38 (4m) (title) of the statutes is amended to read:
SB502,31,2019 48.38 (4m) (title) Reasonable efforts not required; Permanency permanency
20case plan determination hearing.
SB502, s. 63 21Section 63. 48.38 (4m) (a) of the statutes is amended to read:
SB502,32,622 48.38 (4m) (a) If in a proceeding under s. 48.21, 48.32, 48.355, 48.357, or 48.365
23the court finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies
24with respect to a parent, the court shall hold a hearing within 30 days after the date
25of that finding to determine the permanency case plan for the child. If a hearing is

1held under this paragraph, the agency responsible for preparing the permanency
2case plan shall file the permanency case plan with the court not less than 5 days
3before the date of the hearing. At the hearing, the court shall consider placing the
4child in a placement outside this state if the court determines that such a placement
5would be in the best interests of the child and appropriate to achieving the goal of the
6child's permanency case plan.
SB502, s. 64 7Section 64. 48.38 (4m) (c) of the statutes is amended to read:
SB502,32,228 48.38 (4m) (c) If the child's permanency case plan includes a statement under
9sub. (4) (i) indicating that the child's age and developmental level are sufficient for
10the court to consult with the child regarding the child's permanency case plan or if,
11notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the
12court to consult with the child, the court determines that consultation with the child
13would be in the best interests of the child, the court shall consult with the child, in
14an age-appropriate and developmentally appropriate manner, regarding the child's
15permanency case plan and any other matters the court finds appropriate. If none of
16those circumstances apply, the court may permit the child's caseworker, the child's
17counsel, or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written
18or oral statement during the hearing, or to submit a written statement prior to the
19hearing, expressing the child's wishes, goals, and concerns regarding the
20permanency case plan and those matters. If the court permits such a written or oral
21statement to be made or submitted, the court may nonetheless require the child to
22be physically present at the hearing.
SB502, s. 65 23Section 65. 48.38 (5) (a) of the statutes is amended to read:
SB502,33,824 48.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed
25under par. (ag) shall review the permanency case plan in the manner provided in this

1subsection not later than 6 months after the date on which the child was first
2removed from his or her home and every 6 months after a previous review under this
3subsection for as long as the child is placed outside the home, except that for the
4review that is required to be conducted not later than 12 months after the child was
5first removed from his or her home and the reviews that are required to be conducted
6every 12 months after that review the court shall hold a hearing under sub. (5m) to
7review the permanency case plan, which hearing may be instead of or in addition to
8the review under this subsection.
SB502, s. 66 9Section 66. 48.38 (5) (ag) of the statutes is amended to read:
SB502,33,1710 48.38 (5) (ag) If the court elects not to review the permanency case plan, the
11court shall appoint a panel to review the permanency case plan. The panel shall
12consist of 3 persons who are either designated by an independent agency that has
13been approved by the chief judge of the judicial administrative district or designated
14by the agency that prepared the permanency case plan. A voting majority of persons
15on each panel shall be persons who are not employed by the agency that prepared the
16permanency case plan and who are not responsible for providing services to the child
17or the parents of the child whose permanency case plan is the subject of the review.
SB502, s. 67 18Section 67. 48.38 (5) (am) of the statutes is amended to read:
SB502,34,219 48.38 (5) (am) The court may appoint an independent agency to designate a
20panel to conduct a permanency case plan review under par. (a). If the court in a
21county having a population of less than 500,000 appoints an independent agency
22under this paragraph, the county department of the county of the court shall
23authorize and contract for the purchase of services from the independent agency. If
24the court in a county having a population of 500,000 or more appoints an independent

1agency under this paragraph, the department shall authorize and contract for the
2purchase of services from the independent agency.
SB502, s. 68 3Section 68. 48.38 (5) (bm) 2. of the statutes is amended to read:
SB502,34,194 48.38 (5) (bm) 2. If the child's permanency case plan includes a statement under
5sub. (4) (i) indicating that the child's age and developmental level are sufficient for
6the court or panel to consult with the child regarding the child's permanency case
7plan or if, notwithstanding a decision under sub. (4) (i) that it would not be
8appropriate for the court or panel to consult with the child, the court or panel
9determines that consultation with the child would be in the best interests of the child,
10the court or panel shall consult with the child, in an age-appropriate and
11developmentally appropriate manner, regarding the child's permanency case plan
12and any other matters the court or panel finds appropriate. If none of those
13circumstances apply, the court or panel may permit the child's caseworker, the child's
14counsel, or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written
15or oral statement during the review, or to submit a written statement prior to the
16review, expressing the child's wishes, goals, and concerns regarding the permanency
17case plan and those matters. If the court or panel permits such a written or oral
18statement to be made or submitted, the court or panel may nonetheless require the
19child to be physically present at the review.
SB502, s. 69 20Section 69. 48.38 (5) (c) 2. of the statutes is amended to read:
SB502,34,2321 48.38 (5) (c) 2. The extent of compliance with the permanency case plan by the
22agency and any other service providers, the child's parents, the child and the child's
23guardian, if any.
SB502, s. 70 24Section 70. 48.38 (5) (c) 5. of the statutes is amended to read:
SB502,35,4
148.38 (5) (c) 5. The date by which it is likely that the child will be returned to
2his or her home or placed for adoption, with a guardian, with a fit and willing relative,
3or in some other alternative planned permanent placement living arrangement in
4which the child is in a long-term relationship with an adult
.
SB502, s. 71 5Section 71. 48.38 (5) (c) 6. (intro.) of the statutes is amended to read:
SB502,35,136 48.38 (5) (c) 6. (intro.) If the child has been placed outside of his or her home,
7as described in s. 48.365 (1), in a foster home, group home, residential care center for
8children and youth, or shelter care facility for 15 of the most recent 22 months, not
9including any period during which the child was a runaway from the out-of-home
10placement or the first 6 months of any period during which the child was returned
11to his or her home for a trial home visit reunification, the appropriateness of the
12permanency case plan and the circumstances which prevent the child from any of the
13following:
SB502, s. 72 14Section 72. 48.38 (5) (c) 6. d. of the statutes is amended to read:
SB502,35,1815 48.38 (5) (c) 6. d. Being placed in some other alternative planned permanent
16placement living arrangement in which the child is in a long-term relationship with
17an adult
, including sustaining care, independent living, or long-term foster care, but
18not including independent living
.
SB502, s. 73 19Section 73. 48.38 (5) (c) 6m. of the statutes is created to read:
SB502,35,2420 48.38 (5) (c) 6m. If the case plan calls for concurrent planning, as defined in s.
2148.355 (2b) (a), the appropriateness, in light of the standards established by the
22department, of each of the permanency goals of the concurrent plan. If the court or
23panel does not approve of any one or more of those goals, the court or panel must
24include in its determinations under this paragraph the reasons for that disapproval.
SB502, s. 74 25Section 74. 48.38 (5) (c) 7. of the statutes is amended to read:
SB502,36,3
148.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve
2the goal of the permanency case plan, including, if appropriate, through an
3out-of-state placement,.
SB502, s. 75 4Section 75. 48.38 (5) (d) of the statutes is amended to read:
SB502,36,205 48.38 (5) (d) Notwithstanding s. 48.78 (2) (a), the agency that prepared the
6permanency case plan shall, at least 5 days before a review by a review panel, provide
7to each person appointed to the review panel, the child's parent, guardian, and legal
8custodian, the person representing the interests of the public, the child's counsel, the
9child's guardian ad litem, the child's court-appointed special advocate, and, if the
10child is an Indian child who is placed outside the home of his or her parent or Indian
11custodian, the Indian child's Indian custodian and tribe a copy of the permanency
12case plan and any written comments submitted under par. (bm) 1. Notwithstanding
13s. 48.78 (2) (a), a person appointed to a review panel, the person representing the
14interests of the public, the child's counsel, the child's guardian ad litem, the child's
15court-appointed special advocate, and, if the child is an Indian child who is placed
16outside the home of his or her parent or Indian custodian, the Indian child's Indian
17custodian and tribe may have access to any other records concerning the child for the
18purpose of participating in the review. A person permitted access to a child's records
19under this paragraph may not disclose any information from the records to any other
20person.
SB502, s. 76 21Section 76. 48.38 (5m) (title) of the statutes is amended to read:
SB502,36,2222 48.38 (5m) (title) Permanency Case plan hearing.
SB502, s. 77 23Section 77. 48.38 (5m) (a) of the statutes is amended to read:
SB502,37,324 48.38 (5m) (a) The court shall hold a hearing to review the permanency case
25plan and to make the determinations specified in sub. (5) (c) no later than 12 months

1after the date on which the child was first removed from the home and every 12
2months after a previous hearing under this subsection for as long as the child is
3placed outside the home.
SB502, s. 78 4Section 78. 48.38 (5m) (b) of the statutes is amended to read:
SB502,37,175 48.38 (5m) (b) Not less than 30 days before the date of the hearing, the court
6shall notify the child; the child's parent, guardian, and legal custodian; and the
7child's foster parent, the operator of the facility in which the child is living, or the
8relative with whom the child is living; of the time, place, and purpose of the hearing,
9of the issues to be determined at the hearing, and of the fact that they shall have a
10right to be heard at the hearing as provided in par. (c) 1. and shall notify
the child's
11counsel, the child's guardian ad litem, and the child's court-appointed special
12advocate; the agency that prepared the permanency case plan; the person
13representing the interests of the public; and, if the child is an Indian child who is
14placed outside the home of his or her parent or Indian custodian, the Indian child's
15Indian custodian and tribe of the date, time, and place, and purpose of the hearing,
16of the issues to be determined at the hearing, and of the fact that they may have an
17opportunity to be heard at the hearing as provided in par. (c) 1
.
SB502, s. 79 18Section 79. 48.38 (5m) (c) 2. of the statutes is amended to read:
SB502,38,819 48.38 (5m) (c) 2. If the child's permanency case plan includes a statement under
20sub. (4) (i) indicating that the child's age and developmental level are sufficient for
21the court to consult with the child regarding the child's permanency case plan or if,
22notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the
23court to consult with the child, the court determines that consultation with the child
24would be in the best interests of the child, the court shall consult with the child, in
25an age-appropriate and developmentally appropriate manner, regarding the child's

1permanency case plan and any other matters the court finds appropriate. If none of
2those circumstances apply, the court may permit the child's caseworker, the child's
3counsel, or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written
4or oral statement during the hearing, or to submit a written statement prior to the
5hearing, expressing the child's wishes, goals, and concerns regarding the
6permanency case plan and those matters. If the court permits such a written or oral
7statement to be made or submitted, the court may nonetheless require the child to
8be physically present at the hearing.
SB502, s. 80 9Section 80. 48.38 (5m) (d) of the statutes is amended to read:
SB502,38,2310 48.38 (5m) (d) At least 5 days before the date of the hearing the agency that
11prepared the permanency case plan shall provide a copy of the permanency case plan
12and any written comments submitted under par. (c) 1. to the court, to the child's
13parent, guardian, and legal custodian, to the person representing the interests of the
14public, to the child's counsel or guardian ad litem, to the child's court-appointed
15special advocate, and, if the child is an Indian child who is placed outside the home
16of his or her parent or Indian custodian, to the Indian child's Indian custodian and
17tribe. Notwithstanding s. 48.78 (2) (a), the person representing the interests of the
18public, the child's counsel or guardian ad litem, the child's court-appointed special
19advocate, and, if the child is an Indian child who is placed outside of the home of his
20or her parent or Indian custodian, the Indian child's Indian custodian and tribe may
21have access to any other records concerning the child for the purpose of participating
22in the review. A person permitted access to a child's records under this paragraph
23may not disclose any information from the records to any other person.
SB502, s. 81 24Section 81. 48.38 (5m) (e) of the statutes is amended to read:
SB502,39,17
148.38 (5m) (e) After the hearing, the court shall make written findings of fact
2and conclusions of law relating to the determinations under sub. (5) (c) and shall
3provide a copy of those findings of fact and conclusions of law to the child; the child's
4parent, guardian, and legal custodian; the child's foster parent, the operator of the
5facility in which the child is living, or the relative with whom the child is living; the
6child's court-appointed special advocate; the agency that prepared the permanency
7case plan; the person representing the interests of the public; and, if the child is an
8Indian child who is placed outside the home of his or her parent or Indian custodian,
9the Indian child's Indian custodian and tribe. The court shall make the findings
10specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to
11the child and shall document or reference the specific information on which those
12findings are based in the findings of fact and conclusions of law prepared under this
13paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c)
147. without documenting or referencing that specific information in the findings of fact
15and conclusions of law or amended findings of fact and conclusions of law that
16retroactively correct earlier findings of fact and conclusions of law that do not comply
17with this paragraph are not sufficient to comply with this paragraph.
SB502, s. 82 18Section 82. 48.38 (5m) (f) of the statutes is amended to read:
SB502,39,2319 48.38 (5m) (f) If the findings of fact and conclusions of law under par. (e) conflict
20with the child's dispositional order or provide for any additional services not specified
21in the dispositional order, the court shall revise the dispositional order under s.
2248.363 or, order a change in placement under s. 48.357, or order a trial reunification
23under s. 48.358,
as appropriate.
SB502, s. 83 24Section 83. 48.38 (6) (a) of the statutes is amended to read:
SB502,39,2525 48.38 (6) (a) Procedures for conducting permanency case plan reviews.
SB502, s. 84
1Section 84. 48.38 (6) (d) of the statutes is amended to read:
Loading...
Loading...