938.38 (5m) (d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under par. (c) 1. to the court, to the juvenile's parent, guardian, and legal custodian, to the person representing the interests of the public, and to the juvenile's counsel or guardian ad litem. Notwithstanding s. 938.78 (2) (a), the person representing the interests of the public and the juvenile's counsel or guardian ad litem may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.
79,177
Section
177. 938.78 (2) (i) of the statutes is created to read:
938.78 (2) (i) Paragraph (a) does not prohibit an agency from disclosing information to a relative of a juvenile placed outside of his or her home only to the extent necessary to facilitate the establishment of a relationship between the juvenile and the relative or a placement of the juvenile with the relative or from disclosing information under s. 938.21 (5) (e), 938.355 (2) (cm), or 938.357 (2v) (d). In this paragraph, "relative" includes a relative whose relationship is derived through a parent of the juvenile whose parental rights are terminated.
79,178
Section
178. 938.9995 of the statutes is created to read:
938.9995 Expediting interstate placements of juveniles. The courts of this state shall do all of the following to expedite the interstate placement of juveniles:
(1) Subject to ss. 48.396 (2) and 938.396 (2), cooperate with the courts of other states in the sharing of information.
(2) To the greatest extent possible, obtain information and testimony from agencies and parties located in other states without requiring interstate travel by those agencies and parties.
(3) Permit parents, juveniles, other necessary parties, attorneys, and guardians ad litem in proceedings involving the interstate placement of a juvenile to participate in those proceedings without requiring interstate travel by those persons.
[
2009 Wisconsin Act 28] Section 9308 (9)
Arrearages collected. The treatment of section 49.1452 of the statutes first applies to arrearages collected on
the effective date of this subsection January 1, 2010.
[
2009 Wisconsin Act 28] Section 9322 (7) (a)
Arrearages collected. The treatment of section 49.776 of the statutes first applies to arrearages collected on
the effective date of this paragraph January 1, 2010.
[
2009 Wisconsin Act 28] Section 9408 (14)
Arrearages collected. The treatment of section 49.1452 of the statutes and
Section 9308 (9) of this act take effect on
January April 1, 2010.
[
2009 Wisconsin Act 28] Section 9422 (12) (a)
Arrearages collected. The treatment of section 49.776 of the statutes and
Section 9322 (7) (a) of this act take effect on
January April 1, 2010.
79,179
Section
179.
Initial applicability.
(1) Permanency plans.
(a) Permanency plan contents. The treatment of sections 48.38 (4) (fm), (h) (intro.) and (i) and 938.38 (4), (fm), (h) (intro.) and (i) of the statutes first applies to permanency plans filed on the effective date of this paragraph.
(b) Permanency plan hearings and reviews. The treatment of sections 48.38 (4m) (a) and (c) and (5) (bm) 2. and (c) 6. (intro.), 7., and 8. and 938.38 (4m) (a) and (c) and (5) (bm) 2. and (c) 6. (intro.), 7., and 8. of the statutes and the creation of sections 48.38 (5m) (c) 2., 48.43 (5) (b) 2., and 938.38 (5m) (c) 2. of the statutes first apply to hearings and reviews for which a permanency plan is filed or provided on the effective date of this paragraph.
(2) Right to be heard. The amendment of sections 48.27 (3) (a) 1m. and (6), 48.357 (2m) (b) and (2r), 48.363 (1) (b) and (1m), 48.365 (2m) (ag), 48.38 (5) (b) and (5m) (b), 48.42 (2g) (am), 48.427 (1m), 48.63 (5) (d) 4., 767.41 (3) (c), 938.27 (3) (a) 1m. and (6), 938.357 (2r), 938.363 (1) (b) and (1m), 938.365 (2) and (2m) (ag), 938.38 (5) (b) and (5m) (b) of the statutes, the renumbering and amendment of sections 48.38 (5m) (c), 48.43 (5) (b), and 938.38 (5m) (c) of the statutes, and the creation of sections 48.38 (4m) (b) and (d) and (5) (bm) 1., 48.43 (5) (b) 3., and 938.38 (4m) (b) and (d) and (5) (bm) 1. of the statutes first apply to hearings for which notice is provided on the effective date of this subsection.
(3) Testing infants for controlled substances. The treatment of sections 46.238 and 146.0255 (2) and (3) (b) of the statutes first applies to tests for controlled substances or controlled substance analogs performed on the effective date of this subsection.
(4) Juvenile court reports. The treatment of sections 48.33 (4) (c), 48.365 (2g) (b) 3., 48.425 (1) (c), 938.33 (4) (c), and 938.365 (2g) (b) 3. of the statutes first applies to reports filed with the court assigned to exercise jurisdiction under chapters 48 and 938 on the effective date of this subsection.
(5) Juvenile court hearings. The treatment of sections 48.21 (3) (f), 48.335 (3g) (c) and (6), 48.357 (1) (c) 2m. and (2m) (bm), 48.365 (2m) (a) 1., 938.21 (2) (e) and (3) (f), 938.335 (3g) (c) and (6), 938.357 (1) (c) 2m. and (2m) (bm), and 938.365 (2m) (a) 1. of the statutes first applies to hearings held by the court assigned to exercise jurisdiction under chapters 48 and 938 on the effective date of this subsection.
(6) Juvenile court orders. The treatment of sections 48.21 (5) (e), 48.32 (1) (b) 1. c., 48.355 (2) (b) 6. and (cm), 48.357 (2v) (d), 48.43 (1) (cm), 938.21 (5) (e), 938.32 (1) (c) 1. c., 938.355 (2) (b) 6. and (cm), and 938.357 (2v) (d) of the statutes first applies to a temporary physical custody order, consent decree, dispositional order, or change in placement order entered on the effective date of this subsection.
(7) Placement with sibling.
(a) Out-of-home placement. The treatment of sections 48.21 (5) (b) 2m., 48.33 (4) (d), 48.335 (3g) (d), 48.355 (2) (b) 6p., 48.357 (2v) (a) 2m., 938.21 (5) (b) 2m., 938.33 (4) (d), 938.335 (3g) (d), 938.355 (2) (b) 6p. and 938.357 (2v) (a) 2m. of the statutes, the renumbering and amendment of sections 48.38 (4) (br) and 938.38 (4) (br) of the statutes, and the creation of sections 48.38 (4) (br) 2. and 938.38 (4) (br) 2. of the statutes first apply to a child who is removed from his or her home on the effective date of this subsection.
(b) Adoptive placement
. The treatment of section 48.834 (2) of the statutes first applies to a child who is placed for adoption on the effective date of this subsection.
(8) Transition plan. The creation of section 48.385 of the statutes first applies to a child who attains 18 years of age 90 days after the effective date of this subsection or, if a child is subject to an order of the court assigned to exercise jurisdiction under chapters 48 and 938 that terminates after the child attains 18 years of age, to an order that terminates 90 days after the effective date of this subsection.
79,180
Section
180.
Effective dates. This act takes effect on January 1, 2010, or on the day after publication, whichever is later, except as follows:
(1) Treatment foster homes. The amendment of sections 48.38 (4m) (b) and (d) and (5) (bm) 1., 48.385, 48.43 (5) (b) 3., and 938.38 (4m) (b) and (d) and (5) (bm) 1. of the statutes and the repeal and recreation of sections 48.27 (3) (a) 1m. and (6), 48.357 (2m) (b) and (2r), 48.363 (1) (b) and (1m), 48.365 (2g) (b) 3. and (2m) (ag), 48.38 (5) (b), (c) 6. (intro.), and (e) and (5m) (b) and (c) 1., 48.417 (1) (a), 48.42 (2g) (am), 48.427 (1m), 48.43 (5) (b) 1. and (5m), 767.41 (3) (c), 938.27 (3) (a) 1m. and (6), 938.357 (2r), 938.363 (1) (b) and (1m), 938.365 (2), (2g) (b) 3., and (2m) (ag), and 938.38 (5) (b), (c) 6. (intro.), and (e) and (5m) (b) and (c) 1. of the statutes take effect on the date state in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under section 48.62 (9) of the statutes, or on the day after publication, whichever is later.
(2) Support arrears pass-through. Sections 178r, 178t, 178w, and 178x of this act take effect on the day after publication.
