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:
SB502,40,22
48.38
(6) (d) The format for
permanency case plans and review panel reports.
SB502, s. 85
3Section
85. 48.417 (1) (a) of the statutes is amended to read:
SB502,40,124
48.417
(1) (a) The child has been placed outside of his or her home, as described
5in s. 48.365 (1) or 938.365 (1), in a foster home, group home, nonsecured residential
6care center for children and youth, or shelter care facility for 15 of the most recent
722 months, not including any period during which the child was a runaway from the
8out-of-home placement or
the first 6 months of any period during which the child 9was returned to his or her home for a trial
home visit
reunification. If the
10circumstances specified in this paragraph apply, the petition shall be filed or joined
11in by the last day of the 15th month, as described in this paragraph, for which the
12child was placed outside of his or her home.
SB502, s. 86
13Section
86. 48.417 (2) (b) of the statutes is amended to read:
SB502,40,1614
48.417
(2) (b) The child's
permanency
case plan indicates and provides
15documentation that termination of parental rights to the child is not in the best
16interests of the child.
SB502, s. 87
17Section
87. 48.417 (2) (c) of the statutes is amended to read:
SB502,40,2318
48.417
(2) (c) The agency primarily responsible for providing services to the
19family under a court order, if required under s. 48.355 (2) (b) 6. to make reasonable
20efforts to make it possible for the child to return safely to his or her home, has not
21provided to the family of the child, consistent with the time period in the child's
22permanency case plan, the services necessary for the safe return of the child to his
23or her home.
SB502, s. 88
24Section
88. 48.417 (2) (cm) of the statutes is amended to read:
SB502,41,6
148.417
(2) (cm) In the case of an Indian child, the agency primarily responsible
2for providing services to the Indian child and the family under a court order, if
3required under s. 48.355 (2) (b) 6v. to make active efforts under s. 48.028 (4) (d) 2. to
4prevent the breakup of the Indian child's family, has not provided to the Indian child's
5family, consistent with the child's
permanency case plan, the services necessary to
6prevent the breakup of the Indian child's family.
SB502, s. 89
7Section
89. 48.425 (1) (c) of the statutes is amended to read:
SB502,41,188
48.425
(1) (c) If the child has been previously adjudicated to be in need of
9protection and services, a statement of the steps the agency or person responsible for
10provision of services has taken to remedy the conditions responsible for court
11intervention and the parent's response to and cooperation with these services. If the
12child has been removed from the home, the report shall also include a statement of
13the reasons why the child cannot be returned safely to the family and the steps the
14person or agency has taken to effect this return. If a
permanency case plan has
15previously been prepared for the child, the report shall also include specific
16information showing that the agency primarily responsible for providing services to
17the child has made reasonable efforts to achieve the goal of the child's
permanency 18case plan, including, if appropriate, through an out-of-state placement.
SB502, s. 90
19Section
90. 48.43 (1) (c) of the statutes is amended to read:
SB502,42,220
48.43
(1) (c) If an agency receives custody of the child under par. (a), the child's
21permanency case plan prepared under s. 48.38 by the agency. If a
permanency case 22plan has not been prepared at the time the order is entered, or if the court enters an
23order that is not consistent with the
permanency
case plan, the agency shall prepare
24a
permanency case plan that is consistent with the order or revise the
permanency
1case plan to conform to the order and shall file the plan with the court within 60 days
2from the date of the order.
SB502, s. 91
3Section
91. 48.43 (1) (cm) of the statutes is amended to read:
SB502,42,144
48.43
(1) (cm) If a
permanency case plan has previously been prepared for the
5child, a finding as to whether the agency primarily responsible for providing services
6to the child has made reasonable efforts to achieve the goal of the child's
permanency 7case plan, including, if appropriate, through an out-of-state placement. The court
8shall make the findings specified in this paragraph on a case-by-case basis based
9on circumstances specific to the child and shall document or reference the specific
10information on which those findings are based in the order. An order that merely
11references this paragraph without documenting or referencing that specific
12information in the order or an amended order that retroactively corrects an earlier
13order that does not comply with this paragraph is not sufficient to comply with this
14paragraph.
SB502, s. 92
15Section
92. 48.43 (2) (b) of the statutes is amended to read:
SB502,42,1916
48.43
(2) (b) A relative whose relationship to the child is derived through the
17parent whose parental rights are terminated is considered to be a relative of the child
18for purposes of placement of, and
permanency case planning for, the child until that
19relationship is extinguished by an order of adoption as provided in s. 48.92 (2).
SB502, s. 93
20Section
93. 48.43 (5) (a) of the statutes is amended to read:
SB502,43,421
48.43
(5) (a) If the custodian specified in sub. (1) (a) is an agency, the agency
22shall report to the court on the status of the child at least once each year until the
23child is adopted or reaches 18 years of age, whichever is sooner. The agency shall file
24an annual report no less than 30 days before the anniversary of the date of the order.
25An agency may file an additional report at any time if it determines that more
1frequent reporting is appropriate. A report shall summarize the child's
permanency 2case plan and the recommendations of the review panel under s. 48.38 (5), if any, and
3shall describe any progress that has been made in finding a permanent placement
4for the child.
SB502, s. 94
5Section
94. 48.43 (5) (b) 1. of the statutes is amended to read:
SB502,43,116
48.43
(5) (b) 1. The court shall hold a hearing to review the
permanency case 7plan within 30 days after receiving a report under par. (a). At least 10 days before
8the date of the hearing, the court shall provide notice of the time, place, and purpose
9of the hearing to the agency that prepared the report, the child's guardian, the child,
10and the child's foster parent, the operator of the facility in which the child is living,
11or the relative with whom the child is living.
SB502, s. 95
12Section
95. 48.43 (5) (b) 2. of the statutes is amended to read:
SB502,44,213
48.43
(5) (b) 2. If the child's
permanency case plan includes a statement under
14s. 48.38 (4) (i) indicating that the child's age and developmental level are sufficient
15for the court to consult with the child regarding the child's
permanency case plan or
16if, notwithstanding a decision under s. 48.38 (4) (i) that it would not be appropriate
17for the court to consult with the child, the court determines that consultation with
18the child would be in the best interests of the child, the court shall consult with the
19child, in an age-appropriate and developmentally appropriate manner, regarding
20the child's
permanency case plan and any other matters the court finds appropriate.
21If none of those circumstances apply, the court may permit the child's caseworker, the
22child's counsel, or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make
23a written or oral statement during the hearing, or to submit a written statement
24prior to the hearing, expressing the child's wishes, goals, and concerns regarding the
25permanency case plan and those matters. If the court permits such a written or oral
1statement to be made or submitted, the court may nonetheless require the child's
2presence at the hearing.
SB502, s. 96
3Section
96. 48.43 (5) (c) of the statutes is amended to read:
SB502,44,164
48.43
(5) (c) Following the hearing, the court shall make all of the
5determinations specified under s. 48.38 (5) (c), except the determinations relating to
6the child's parents. The court may amend the order under sub. (1) to transfer the
7child's guardianship and custody to any agency specified under s. 48.427 (3m) (a) 1.
8to 4. or (am) that consents to the transfer, if the court determines that the transfer
9is in the child's best interest. If an Indian child's guardianship and custody are
10transferred under this paragraph, the agency consenting to the transfer shall comply
11with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s.
1248.028 (7) (c) in placing the child, unless the agency finds good cause, as described
13in s. 48.028 (7) (e), for departing from that order. If an order is amended, the agency
14that prepared the
permanency case plan shall revise the plan to conform to the order
15and shall file a copy of the revised plan with the court. Each plan filed under this
16paragraph shall be made a part of the court order.
SB502, s. 97
17Section
97. 48.43 (5m) of the statutes is amended to read:
SB502,44,2318
48.43
(5m) Either the court or the agency that prepared the
permanency case 19plan shall furnish a copy of the original plan and each revised plan to the child, if he
20or she is 12 years of age or over,
to the child's guardian, to the child's foster parent
21or, the operator of the facility in which the child is living
, or the relative with whom
22the child is living, and, if the order under sub. (1) involuntarily terminated parental
23rights to an Indian child, to the Indian child's tribe.
SB502, s. 98
24Section
98. 48.63 (4) of the statutes is amended to read:
SB502,45,11
148.63
(4) A
permanency case plan under s. 48.38 is required for each child
2placed in a foster home under sub. (1). If the child is living in a foster home under
3a voluntary agreement, the agency that negotiated or acted as intermediary for the
4placement shall prepare the
permanency case plan within 60 days after the date on
5which the child was removed from his or her home under the voluntary agreement.
6A copy of each plan shall be provided to the child if he or she is 12 years of age or over
7and to the child's parent, guardian, or Indian custodian. If the agency that arranged
8the voluntary placement intends to seek a court order to place the child outside of his
9or her home at the expiration of the voluntary placement, the agency shall prepare
10a revised
permanency case plan and file that revised plan with the court prior to the
11date of the hearing on the proposed placement.
SB502, s. 99
12Section
99. 48.63 (5) (c) of the statutes is amended to read:
SB502,45,1813
48.63
(5) (c) A
permanency case plan under s. 48.38 is required for each child
14placed in a group home under par. (b) and for any child of that child who is residing
15with that child. The agency that placed the child or that arranged the placement of
16the child shall prepare the plan within 60 days after the date on which the child was
17removed from his or her home under the voluntary agreement and shall provide a
18copy of the plan to the child and the child's parent, guardian, or Indian custodian.
SB502, s. 100
19Section
100. 48.63 (5) (d) 1. of the statutes is amended to read: