SB309,83 4Section 83. 938.38 (5) (c) 1. of the statutes is amended to read:
SB309,34,125 938.38 (5) (c) 1. The continuing necessity for and the safety and
6appropriateness of the placement. If the permanency goal of the juvenile's
7permanency plan is placement of the juvenile in a planned permanent living
8arrangement described in sub. (4) (fg) 5., the determination under this subdivision
9shall include an explanation of why the planned permanent living arrangement is
10the best permanency goal for the juvenile and why, supported by compelling reasons,
11it continues not to be in the best interests of the juvenile to be returned to his or her
12home or to be placed for adoption, with a guardian, or with a fit and willing relative.
SB309,84 13Section 84. 938.38 (5) (c) 6. d. of the statutes, as affected by 2015 Wisconsin
14Act 55
, is amended to read:
SB309,34,1715 938.38 (5) (c) 6. d. Being placed in some other planned permanent living
16arrangement that includes an appropriate, enduring relationship with an adult,
17including sustaining care, or transitioning to independence
.
SB309,85 18Section 85. 938.38 (5) (c) 7m. of the statutes is created to read:
SB309,34,2519 938.38 (5) (c) 7m. If the permanency goal of the juvenile's permanency plan is
20placement of the juvenile in a planned permanent living arrangement described in
21sub. (4) (fg) 5., the steps taken by the agency, including consultation with the
22juvenile, to ascertain whether the juvenile has regular, ongoing opportunities to
23engage in age or developmentally appropriate activities and to ensure that the
24juvenile's caregiver is applying the reasonable and prudent parent standard to
25decisions concerning the juvenile's participation in those activities.
SB309,86
1Section 86. 938.38 (5) (c) 9. of the statutes, as affected by 2015 Wisconsin Act
255
, is amended to read:
SB309,35,103 938.38 (5) (c) 9. If the juvenile is the subject of an order that terminates as
4provided in s. 938.355 (4) (am) 4., 938.357 (6) (a) 4., or 938.365 (5) (b) 4. or of a
5voluntary transition-to-independent-living agreement under s. 938.366 (3), the
6appropriateness of the transition-to-independent-living plan developed under s.
7938.385 (1); the extent of compliance with that plan by the juvenile, the juvenile's
8guardian, if any, the agency primarily responsible for providing services under that
9plan, and any other service providers; and the progress of the juvenile toward
10making the transition to independent living a successful adulthood.
SB309,87 11Section 87. 938.38 (5m) (c) 3. of the statutes is created to read:
SB309,35,2412 938.38 (5m) (c) 3. If the permanency goal of the juvenile's permanency plan is
13placement of the juvenile in a planned permanent living arrangement described in
14sub. (4) (fg) 5., the agency that prepared the permanency plan shall present to the
15court specific information showing that intensive and ongoing efforts were made by
16the agency, including searching social media, to return the juvenile to the juvenile's
17home or to place the juvenile for adoption, with a guardian, or with a fit and willing
18relative and that those efforts have proved unsuccessful and specific information
19showing the steps taken by the agency, including consultation with the juvenile, to
20ascertain whether the juvenile has regular, ongoing opportunities to engage in age
21or developmentally appropriate activities and to ensure that the juvenile's caregiver
22is applying the reasonable and prudent parent standard to decisions concerning the
23juvenile's participation in those activities. In addition, at the hearing the court shall
24consult with the juvenile about the permanency outcome desired by the juvenile.
SB309,88 25Section 88. 938.383 of the statutes is created to read:
SB309,36,10
1938.383 Reasonable and prudent parent standard. (1) Use of standard
2by out-of-home care providers.
An out-of-home care provider shall use the
3reasonable and prudent parent standard in making decisions concerning a juvenile's
4participation in age or developmentally appropriate extracurricular, enrichment,
5cultural, and social activities. In making decisions using the reasonable and prudent
6parent standard, an out-of-home care provider shall consider the restrictiveness of
7the juvenile's placement and whether the juvenile has the necessary training and
8safety equipment to safely participate in the activity under consideration and may
9not make any decision that is in violation of any court order or any state or federal
10law, rule, or regulation.
SB309,36,22 11(2) Juvenile-specific considerations required. (a) At the time of placement
12of a juvenile with an out-of-home care provider, the agency that places, or that
13arranges the placement of, the juvenile or the agency assigned primary
14responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g.
15provide to the out-of-home care provider the information that is required to be
16provided to an out-of-home care provider under the rules promulgated under s.
17895.485 (4) (a) and information that is specific to the juvenile for the out-of-home
18care provider to consider in making reasonable and prudent parenting decisions
19concerning the juvenile's participation in age or developmentally appropriate
20extracurricular, enrichment, cultural, and social activities. In preparing that
21information or any revisions of that information, the agency shall do all of the
22following:
SB309,37,323 1. If reasonably possible to do so, consult with the juvenile's parent and other
24members of the juvenile's family concerning the juvenile's participation in
25extracurricular, enrichment, cultural, and social activities and the juvenile's

1cultural, religious, and tribal values and advise the parent that those values will be
2considered, but will not necessarily be the determining factor, in making decisions
3concerning the juvenile's participation in those activities.
SB309,37,64 2. Consult with the juvenile in an age-appropriate manner about the
5opportunities of the juvenile to participate in age or developmentally appropriate
6activities.
SB309,37,177 (b) At the time of placement of a juvenile with an out-of-home care provider,
8the agency providing the information under par. (a) shall explain to the out-of-home
9care provider the parameters of the considerations that the out-of-home care
10provider is required to take into account when making decisions concerning the
11juvenile's participation in age or developmentally appropriate extracurricular,
12enrichment, cultural, and social activities. In explaining those parameters, the
13agency shall explain the considerations and prohibitions specified in sub. (1) and
14shall advise the out-of-home care provider that in case of any disagreement over the
15application of the reasonable and prudent parent standard, the agency having
16placement and care responsibility for the juvenile is ultimately responsible for
17decisions concerning the care of the juvenile.
SB309,38,218 (c) In preparing or revising the permanency plan for a juvenile, the agency
19responsible for preparing or revising the permanency plan shall consult with the
20juvenile and the juvenile's parent as provided in par. (a) 1. and 2. At the time the
21permanency plan is prepared and each time the permanency plan is revised, that
22agency shall explain to the out-of-home care provider the parameters of the
23considerations that the out-of-home care provider is required to take into account
24when making decisions concerning the juvenile's participation in age or

1developmentally appropriate extracurricular, enrichment, cultural, and social
2activities as provided in par. (b).
SB309,38,4 3(3) Rules. The department of children and families shall promulgate rules to
4implement this section.
SB309,89 5Section 89. 938.385 of the statutes, as affected by 2015 Wisconsin Act 55, is
6renumbered 938.385 (intro.) and amended to read:
SB309,38,18 7938.385 Plan for transition to independent living. (intro.) During the 90
8days immediately before a juvenile who is placed in a foster home, group home, or
9residential care center for children and youth, in the home of a relative other than
10a parent, or in a supervised independent living arrangement attains 18 years of age
11or, if the juvenile is placed in such a placement under an order under s. 938.355,
12938.357, or 938.365 that terminates under s. 938.355 (4) (am) after the juvenile
13attains 18 years of age or under a voluntary transition-to-independent-living
14agreement under s. 938.366 (3) that terminates under s. 938.366 (3) (a) after the
15juvenile attains 18 years of age, during the 90 days immediately before the
16termination of the order or agreement, the agency primarily responsible for
17providing services to the juvenile under the order or agreement shall provide do all
18of the following:
SB309,38,24 19(1) Transition plan. Provide the juvenile with assistance and support in
20developing a plan for making the transition from out-of-home care to independent
21living. The transition plan shall be personalized at the direction of the juvenile, shall
22be as detailed as the juvenile directs, and shall include specific options for obtaining
23housing, health care, education, mentoring and continuing support services, and
24workforce support and employment services.
SB309,90 25Section 90. 938.385 (2) of the statutes is created to read:
SB309,39,10
1938.385 (2) Identification documents and other information. Except as
2provided in this subsection, ensure that the juvenile is in possession of a certified
3copy of the juvenile's birth certificate, a social security card issued by the federal
4social security administration, information on maintaining health care coverage, a
5copy of the juvenile's health care records, and either an operator's license issued
6under ch. 343 or an identification card issued under s. 343.50. If the juvenile is not
7in possession of any of those documents or that information, the agency shall assist
8the juvenile in obtaining any missing document or information. This subsection does
9not apply to a juvenile who has been placed in out-of-home care for less than 6
10months.
SB309,91 11Section 91. Nonstatutory provisions.
SB309,39,2312 (1) Reasonable and prudent parent standard; emergency rules. Using the
13procedure under section 227.24 of the statutes, the department of children and
14families may promulgate the rules required under sections 48.383 (3), 48.67 (4) (a)
151m. and (5), and 938.383 (3) of the statutes, as created by this act, for the period
16before the effective date of the permanent rules promulgated under those sections,
17but not to exceed the period authorized under section 227.24 (1) (c) of the statutes,
18subject to extension under section 227.24 (2) of the statutes. Notwithstanding
19section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required
20to provide evidence that promulgating a rule under this subsection as an emergency
21rule is necessary for the preservation of the public peace, health, safety, or welfare
22and is not required to provide a finding of emergency for a rule promulgated under
23this subsection.
SB309,39,2424 (2) Elimination of sustaining care; transitional provisions.
SB309,40,2
1(a) Temporary continuation in sustaining care. Notwithstanding the repeal of
2section 48.428 of the statutes by this act, all of the following apply:
SB309,40,5 31. A child 16 years of age or over who is in sustaining care under a sustaining
4care contract entered into before the effective date of this subdivision may remain
5in sustaining care until the termination date of the contract.
SB309,40,10 62. A child under 16 years of age who is in sustaining care under a sustaining
7care contract entered into before the effective date of this subdivision may remain
8in sustaining care until the next permanency plan review or hearing for the child,
9at which time the child's permanency plan shall be amended to provide for a
10permanency goal other than placement in sustaining care.
SB309,40,1511 (b) Continued application of laws. Notwithstanding the repeal of sections
1248.428 and 115.76 (12) (a) 8. of the statutes and the amendment of section 809.107
13(2) (bm) (intro.) of the statutes by this act, those provisions shall continue to apply
14to a child described in paragraph (a ) 1. 2 . or until the child is no longer placed in
15sustaining care.
SB309,92 16Section 92. Initial applicability.
SB309,40,1717 (1) Permanency plan preparation and contents.
SB309,40,2118 (a) Generally. Except as provided in paragraph (b ), the treatment of sections
1948.38 (2m) and (4) (f) 3., (fg) 5., (fm), and (h) (intro.), 2., 4., 5., 6., and 7. and 938.38
20(2m) and (4) (f) 3., (fg) 5., (fm), and (h) (intro.), 2., 4., 5., 6., and 7. of the statutes first
21applies to a permanency plan filed on the effective date of this subsection.
SB309,41,222 (b) Children under tribal responsibility. The treatment of sections 48.38 (4) (f)
233., (fg) 5., and (fm) and 938.38 (4) (f) 3., (fg) 5., and (fm) of the statutes first applies
24to a permanency plan for a child who is in out-of-home care under the responsibility

1of an Indian tribe, tribal organization, or tribal consortium filed on September 29,
22017.
SB309,41,33 (2) Permanency plan reviews and hearings.
SB309,41,84 (a) Generally. Except as provided in paragraph (b ), the treatment of sections
548.38 (5) (bm) 3. and (c) 1., 7m., and 9. and (5m) (c) 3., 48.43 (5) (b) 2m., and 938.38
6(5) (bm) 3. and (c) 1., 7m., and 9. and (5m) (c) 3. of the statutes first applies to a
7permanency plan review or hearing for which notice is provided on the effective date
8of this subsection.
SB309,41,149 (b) Children under tribal responsibility. The treatment of sections 48.38 (5)
10(bm) 3. and (c) 1. and 7m. and (5m) (c) 3., 48.43 (5) (b) 2m., and 938.38 (5) (bm) 3. and
11(c) 1. and 7m. and (5m) (c) 3. of the statutes first applies to a review or hearing for
12a permanency plan for a child who is in out-of-home care under the responsibility
13of an Indian tribe, tribal organization, or tribal consortium for which notice is
14provided on September 29, 2017.
SB309,41,1915 (3) Transition to independent living. The renumbering and amendment of
16sections 48.385 and 938.385 of the statutes and the creation of sections 48.385 (2) and
17938.385 (2) of the statutes first apply to a child who attains 18 years of age or whose
18order under section 48.355 (4) (b) or 938.355 (4) (am) of the statutes terminates,
19whichever is later, 90 days after the effective date of this subsection.
SB309,41,2520 (4) Participation of child in age or developmentally appropriate activities.
21The treatment of sections 48.02 (1dm), (12r), and (14r), 48.383, 48.627 (2s) (am),
22167.10 (7), 895.485 (title), (1) (a), (ag), (c), and (d), (2), (3), (4) (intro.) and (a), (5), and
23(6), 938.02 (1g), (12r), and (14r), and 938.383 of the statutes first applies to
24permission for a child to engage in an age or developmentally appropriate activity
25granted on the effective date of this subsection.
SB309,93
1Section 93. Effective date.
SB309,42,42 (1) Permanency planning for children 14 years of age or over and use of
3reasonable and prudent parent standard.
This act takes effect on November 1,
42015, or on the day after publication, whichever is later.
SB309,42,55 (End)
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