Amendment JR2 CA1-ASA1-AB1

AB1-ASA1-CA1,359,16 2. The court shall hold a hearing prior to ordering any change in placement requested under subd. 1. Not less than 3 days prior to the hearing, the court shall provide notice of the hearing, together with a copy of the request for the change in placement, to the juvenile, the parent, guardian, and legal custodian of the juvenile, and all parties that are bound by the dispositional order. If all parties consent, the court may proceed immediately with the hearing.

AB1-ASA1-CA1,359,22 3. If the court changes the juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the change in placement order shall contain the findings specified in sub. (2v) (a) 1., one of the statements specified in sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination specified in sub. (2v) (a) 3.

AB1-ASA1-CA1, s. 533bL Section 533bL. 938.357 (2) of the statutes, as affected by 2001 Wisconsin Act 103, is amended to read:

AB1-ASA1-CA1,360,10 938.357 (2) If emergency conditions necessitate an immediate change in the placement of a juvenile placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the juvenile to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1) (a) (am) 1. The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1) (b) (am) 2. In emergency situations, a juvenile may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 938.34 (3).

AB1-ASA1-CA1, s. 533bn Section 533bn. 938.357 (2m) (a) of the statutes, as affected by 2001 Wisconsin Act 103, and is amended to read:

AB1-ASA1-CA1,361,3 938.357 (2m) (a) The juvenile, the parent, guardian, or legal custodian of the juvenile, or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this paragraph. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available that affects the advisability of the current placement. If the proposed change in placement would change the placement of a juvenile placed in the home to a placement outside the home, the request shall also contain specific information showing that continued placement of the juvenile in the home would be contrary to the welfare of the juvenile and, unless any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, specific information showing that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns. The request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion.

AB1-ASA1-CA1, s. 533bo Section 533bo. 938.357 (2m) (b) of the statutes, as affected by 2001 Wisconsin Act 103, is amended to read:

AB1-ASA1-CA1,361,19 938.357 (2m) (b) The court shall hold a hearing on the matter prior to ordering any change in placement requested or proposed under par. (a) if the request states that new information is available that affects the advisability of the current placement, unless the requested or proposed change in placement involves any change in placement other than a change in placement of a juvenile placed in the home to a placement outside the home and written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) (a) (am) 1. and the court approves. If a hearing is scheduled, the court shall notify the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, and all parties who are bound by the dispositional order at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.

AB1-ASA1-CA1, s. 533bp Section 533bp. 938.357 (2m) (c) of the statutes is created to read:

AB1-ASA1-CA1,362,2 938.357 (2m) (c) If the court changes the juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the change in placement order shall contain the findings specified in sub. (2v) (a) 1., one of the statements specified in sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination specified in sub. (2v) (a) 3.

AB1-ASA1-CA1, s. 533br Section 533br. 938.357 (2r) of the statutes, as affected by 2001 Wisconsin Act 103, is amended to read:

AB1-ASA1-CA1,362,18 938.357 (2r) If a hearing is held under sub. (1) (b) (am) 2. or (2m) (b) and the change in placement would remove a juvenile from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested change in placement. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (b) (am) 1. or (2m) (b) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

AB1-ASA1-CA1, s. 533bt Section 533bt. 938.357 (2v) of the statutes, as affected by 2001 Wisconsin Act 103, is renumbered 938.357 (2v) (a) 2. and amended to read:

AB1-ASA1-CA1,363,8 938.357 (2v) (a) 2. If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would place the juvenile outside the home in a placement order would change the placement of the juvenile to a placement outside the home recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include whether from a placement in the home or from another placement outside the home, a statement that the court approves the placement recommended by the person or agency or, if the juvenile is placed outside the home in a placement other than change in placement order would change the placement of the juvenile to a placement outside the home that is not a placement recommended by that person or agency, whether from a placement in the home or from another placement outside the home, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the juvenile's placement.

AB1-ASA1-CA1, s. 533bv Section 533bv. 938.357 (2v) (a) (intro.) of the statutes is created to read:

AB1-ASA1-CA1,363,11 938.357 (2v) (a) (intro.) A change in placement order under sub. (1) or (2m) shall contain all of the following:

AB1-ASA1-CA1, s. 533bx Section 533bx. 938.357 (2v) (a) 1. of the statutes is created to read:

AB1-ASA1-CA1,363,20 938.357 (2v) (a) 1. If the court changes the juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile and, unless a circumstance specified in s. 938.355 (2d) (b) 1. to 4. applies, a finding that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns.

AB1-ASA1-CA1, s. 533bz Section 533bz. 938.357 (2v) (a) 3. of the statutes is created to read:

AB1-ASA1-CA1,364,2 938.357 (2v) (a) 3. If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, a determination that the agency primarily responsible for providing services under the change in placement order is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.

AB1-ASA1-CA1, s. 533c Section 533c. 938.357 (2v) (b) of the statutes is created to read:

AB1-ASA1-CA1,364,11 938.357 (2v) (b) The court shall make the findings specified in par. (a) 1. and 3. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the change in placement order. A change in placement order that merely references par. (a) 1. or 3. without documenting or referencing that specific information in the change in placement order or an amended change in placement order that retroactively corrects an earlier change in placement order that does not comply with this paragraph is not sufficient to comply with this paragraph.

AB1-ASA1-CA1, s. 533cb Section 533cb. 938.357 (2v) (c) of the statutes is created to read:

AB1-ASA1-CA1,364,18 938.357 (2v) (c) 1. If the court finds under par. (a) 3. that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

AB1-ASA1-CA1,364,23 2. If a hearing is held under subd. 1, at least 10 days before the date of the hearing the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.

AB1-ASA1-CA1,365,8 3. The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under subd. 2. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

AB1-ASA1-CA1, s. 533cd Section 533cd. 938.357 (3) of the statutes, as affected by 2001 Wisconsin Act 103, is amended to read:

AB1-ASA1-CA1,365,20 938.357 (3) Subject to subs. (4) (b) and (c) and (5) (e), if the proposed change in placement would involve placing a juvenile in a secured correctional facility, a secured child caring institution, or a secured group home, notice shall be given as provided in sub. (1) (a) (am) 1. A hearing shall be held, unless waived by the juvenile, parent, guardian, and legal custodian, before the judge makes a decision on the request. The juvenile shall be entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been met.

AB1-ASA1-CA1, s. 533ce Section 533ce. 938.357 (4) (b) 1. of the statutes, as affected by 2001 Wisconsin Act 103, is amended to read:

AB1-ASA1-CA1,366,4 938.357 (4) (b) 1. If a juvenile whom the department has placed in a Type 2 secured correctional facility operated by a child welfare agency violates a condition of his or her placement in the Type 2 secured correctional facility, the child welfare agency operating the Type 2 secured correctional facility shall notify the department and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 secured correctional facility under the supervision of the department without a hearing under sub. (1) (b) (am) 2.

AB1-ASA1-CA1, s. 533cf Section 533cf. 938.357 (4) (b) 2. of the statutes, as affected by 2001 Wisconsin Act 103, is amended to read:

AB1-ASA1-CA1,366,22 938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 child caring institution under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 child caring institution, the child welfare agency operating the Type 2 child caring institution shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department, and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 secured correctional facility under the supervision of the department, without a hearing under sub. (1) (b) (am) 2., for not more than 10 days. If a juvenile is placed in a Type 1 secured correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 child caring institution in which the juvenile was placed at the rate established under s. 46.037, and that child welfare agency shall reimburse the department at the rate specified in s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 secured correctional facility.

AB1-ASA1-CA1, s. 533ch Section 533ch. 938.357 (4) (c) 1. of the statutes, as affected by 2001 Wisconsin Act 103, is amended to read:

AB1-ASA1-CA1,367,8 938.357 (4) (c) 1. If a juvenile is placed in a Type 2 secured correctional facility operated by a child welfare agency under par. (a) and it appears that a less restrictive placement would be appropriate for the juvenile, the department, after consulting with the child welfare agency that is operating the Type 2 secured correctional facility in which the juvenile is placed, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 secured correctional facility without a hearing under sub. (1) (b) (am) 2. The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

AB1-ASA1-CA1, s. 533cj Section 533cj. 938.357 (4) (c) 2. of the statutes, as affected by 2001 Wisconsin Act 103, is amended to read:

AB1-ASA1-CA1,367,21 938.357 (4) (c) 2. If a juvenile is placed in a Type 2 child caring institution under s. 938.34 (4d) and it appears that a less restrictive placement would be appropriate for the juvenile, the child welfare agency operating the Type 2 child caring institution shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency may place the juvenile in a less restrictive placement. A child welfare agency may also, with the agreement of the county department that has supervision over a juvenile who is placed in a less restrictive placement under this subdivision, return the juvenile to the Type 2 child caring institution without a hearing under sub. (1) (b) (am) 2. The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

AB1-ASA1-CA1, s. 533cL Section 533cL. 938.357 (4) (d) of the statutes, as affected by 2001 Wisconsin Act 103, is amended to read:

AB1-ASA1-CA1,368,16 938.357 (4) (d) The department may transfer a juvenile who is placed in a Type 1 secured correctional facility to the Racine youthful offender correctional facility named in s. 302.01 if the juvenile is 15 years of age or over and the office of juvenile offender review in the department has determined that the conduct of the juvenile in the Type 1 secured correctional facility presents a serious problem to the juvenile or others. The factors that the office of juvenile offender review may consider in making that determination shall include, but are not limited to, whether and to what extent the juvenile's conduct in the Type 1 secured correctional facility is violent and disruptive, the security needs of the Type 1 secured correctional facility, and whether and to what extent the juvenile is refusing to cooperate or participate in the treatment programs provided for the juvenile in the Type 1 secured correctional facility. Notwithstanding sub. (1) (b) (am) 2., a juvenile is not entitled to a hearing regarding the department's exercise of authority under this paragraph unless the department provides for a hearing by rule. A juvenile may seek review of a decision of the department under this paragraph only by the common law writ of certiorari. If the department transfers a juvenile under this paragraph, the department shall send written notice of the transfer to the parent, guardian, legal custodian, and committing court.

AB1-ASA1-CA1, s. 533cn Section 533cn. 938.357 (5) (a) of the statutes, as affected by 2001 Wisconsin Act 103, is amended to read:

AB1-ASA1-CA1,368,22 938.357 (5) (a) The department or a county department, whichever has been designated as a juvenile's aftercare provider under s. 938.34 (4n), may revoke the aftercare status of that juvenile. Revocation of aftercare supervision shall not require prior notice under sub. (1) (a) (am) 1.

AB1-ASA1-CA1, s. 533cp Section 533cp. 938.357 (6) of the statutes is amended to read:

AB1-ASA1-CA1,369,15 938.357 (6) No change in placement may extend the expiration date of the original order, except that if the change in placement is from a placement in the juvenile's home to a placement in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative who is not a parent, the court may extend the expiration date of the original order to the date on which the juvenile reaches 18 years of age, to the date that is one year after the date of the change in placement order, or, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, to the date on which the juvenile reaches 19 years of age, whichever is later, or for a shorter period of time as specified by the court. If the change in placement is from a placement in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative to a placement in the juvenile's home and if the expiration date of the original order is more than one year after the date of the change in placement order, the court shall shorten the expiration date of the original order to the date that is one year after the date of the change in placement order or to an earlier date as specified by the court.

AB1-ASA1-CA1, s. 533cr Section 533cr. 938.363 (1m) of the statutes is amended to read:

AB1-ASA1-CA1,370,4 938.363 (1m) If a hearing is held under sub. (1) (a), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of revision. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (a) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

AB1-ASA1-CA1, s. 533ct Section 533ct. 938.365 (1) of the statutes is amended to read:

AB1-ASA1-CA1,370,15 938.365 (1) In this section, a juvenile is considered to have been placed outside of his or her home on the date on which the juvenile was first placed outside of his or her home pursuant to an order under this section or s. 938.345, 938.357 or 938.363 or on the date that is 60 days after the date on which the juvenile was first removed from his or her home, whichever is earlier, except that in the case of a juvenile who on removal from his or her home was first placed in a secure detention facility, a secured correctional facility, a secured child caring institution, or a secured group home for 60 days or more and then moved to a nonsecured out-of-home placement, the juvenile is considered to have been placed outside of his or her home on the date on which the juvenile was moved to the nonsecured out-of-home placement.

AB1-ASA1-CA1, s. 533cv Section 533cv. 938.365 (2g) (b) 2. of the statutes is amended to read:

AB1-ASA1-CA1,371,2 938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, a description of efforts to return the juvenile safely to his or her home and specific information showing the efforts that have been made to achieve the goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors which that contributed to the juvenile's placement and, if continued placement outside of the juvenile's home is recommended, an explanation of why returning the juvenile to his or her home is not safe or feasible , unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

AB1-ASA1-CA1, s. 533cx Section 533cx. 938.365 (2g) (b) 3. of the statutes is amended to read:

AB1-ASA1-CA1,371,22 938.365 (2g) (b) 3. If the juvenile has been placed outside of his or her home for 15 of the most recent 22 months, not including any period during which the juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile was returned to his or her home for a trial home visit, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the juvenile. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the juvenile and whether or not the juvenile should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the juvenile be registered with the adoption information exchange or report the reason why registering the juvenile is contrary to the best interest of the juvenile.

AB1-ASA1-CA1, s. 533cz Section 533cz. 938.365 (2m) (a) of the statutes is renumbered 938.365 (2m) (a) 1. and amended to read:

AB1-ASA1-CA1,372,14 938.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies. The court shall make findings of fact and conclusions of law based on the evidence. Subject to s. 938.355 (2d), the The findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the juvenile to make it possible for the juvenile to return safely to his or her home achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies. An order shall be issued under s. 938.355.

AB1-ASA1-CA1, s. 533d Section 533d. 938.365 (2m) (a) 2. of the statutes is created to read:

AB1-ASA1-CA1,372,20 938.365 (2m) (a) 2. If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the juvenile is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.

AB1-ASA1-CA1, s. 533db Section 533db. 938.365 (2m) (a) 3. of the statutes is created to read:

AB1-ASA1-CA1,373,5 938.365 (2m) (a) 3. The court shall make the findings specified in subd. 1. relating to reasonable efforts to achieve the goal of the juvenile's permanency plan and the findings specified in subd. 2. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the order issued under s. 938.355. An order that merely references subd. 1. or 2. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.

AB1-ASA1-CA1, s. 533dd Section 533dd. 938.365 (2m) (ad) of the statutes is created to read:

AB1-ASA1-CA1,373,12 938.365 (2m) (ad) 1. If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

AB1-ASA1-CA1,373,17 2. If a hearing is held under subd. 1., at least 10 days before the date of the hearing the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.

AB1-ASA1-CA1, s. 533df Section 533df. 938.365 (2m) (ag) of the statutes is amended to read:

AB1-ASA1-CA1,374,5 938.365 (2m) (ag) In addition to any evidence presented under par. (a), the The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile who is notified of a hearing under par. (ad) 2. or sub. (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. Any written or oral statement made under this paragraph shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under par. (ad) 2. or sub. (2) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

AB1-ASA1-CA1, s. 533dh Section 533dh. 938.365 (5) of the statutes is amended to read:

AB1-ASA1-CA1,374,18 938.365 (5) Except as provided in s. 938.368, all orders an order under this section that continues the placement of a juvenile in his or her home or that extends an order under s. 938.34 (4d), (4h), (4m), or (4n) shall be for a specified length of time not to exceed one year after its date of entry. Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall be for a specified length of time not to exceed the date on which the juvenile reaches 18 years of age, one year after the date of entry of the order, or, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, the date on which the juvenile reaches 19 years of age, whichever is later.

AB1-ASA1-CA1, s. 533dj Section 533dj. 938.38 (2) (intro.) of the statutes, as affected by 2001 Wisconsin Act 59, is amended to read:

AB1-ASA1-CA1,375,4 938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, residential care center for children and youth, secure detention facility, or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 shall prepare a written permanency plan, if any of the following conditions exists, and, for each juvenile living in the home of a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions specified in pars. (a) to (e) exists:

AB1-ASA1-CA1, s. 533dL Section 533dL. 938.38 (2) (c) of the statutes is amended to read:

AB1-ASA1-CA1,375,8 938.38 (2) (c) The juvenile is under the supervision of an agency under s. 48.64 (2) or pursuant to, under a consent decree under s. 938.32 (1) (c), or under a court order under s. 938.355.

AB1-ASA1-CA1, s. 533dn Section 533dn. 938.38 (2) (f) of the statutes is amended to read:

AB1-ASA1-CA1,375,11 938.38 (2) (f) The juvenile's care is paid would be paid for under s. 49.19 but for s. 49.19 (20).

AB1-ASA1-CA1, s. 533dp Section 533dp. 938.38 (3) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,375,16 938.38 (3) Time. (intro.) Subject to s. 938.355 (2d) (c) 1., the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first held in physical custody or placed outside of removed from his or her home under a court order, except under either of the following conditions:

AB1-ASA1-CA1, s. 533dr Section 533dr. 938.38 (4) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,375,19 938.38 (4) Contents of plan. (intro.) The permanency plan shall include a description of all of the following:

AB1-ASA1-CA1, s. 533dt Section 533dt. 938.38 (4) (a) of the statutes is renumbered 938.38 (4) (ar) and amended to read:

AB1-ASA1-CA1,376,6 938.38 (4) (ar) The A description of the services offered and any service services provided in an effort to prevent holding or placing the juvenile outside of the removal of the juvenile from his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to make it possible for the juvenile to return safely home achieve the goal of the permanency plan, except that the permanency plan need not is not required to include a description of those the services offered or provided with respect to a parent of the juvenile to prevent the removal of the juvenile from the home or to achieve the permanency plan goal of returning the juvenile safely to his or her home if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or to 4. apply to that parent.

AB1-ASA1-CA1, s. 533dv Section 533dv. 938.38 (4) (ag) of the statutes is created to read:

AB1-ASA1-CA1,376,9 938.38 (4) (ag) The name, address, and telephone number of the juvenile's parent, guardian, and legal custodian.

AB1-ASA1-CA1, s. 533dx Section 533dx. 938.38 (4) (am) of the statutes is created to read:

AB1-ASA1-CA1,376,12 938.38 (4) (am) The date on which the juvenile was removed from his or her home and the date on which the juvenile was placed in out-of-home care.

AB1-ASA1-CA1, s. 533dz Section 533dz. 938.38 (4) (bm) of the statutes is amended to read:

AB1-ASA1-CA1,376,17 938.38 (4) (bm) The A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, a statement as to why placement with the relative is not safe or appropriate.

AB1-ASA1-CA1, s. 533e Section 533e. 938.38 (4) (dg) of the statutes is created to read:

AB1-ASA1-CA1,376,20 938.38 (4) (dg) Information about the juvenile's education, including all of the following:

AB1-ASA1-CA1,376,22 1. The name and address of the school in which the juvenile is or was most recently enrolled.

AB1-ASA1-CA1,376,24 2. Any special education programs in which the juvenile is or was previously enrolled.

AB1-ASA1-CA1,377,2 3. The grade level in which the juvenile is or was most recently enrolled and all information that is available concerning the juvenile's grade level performance.

AB1-ASA1-CA1,377,5 4. A summary of all available education records relating to the juvenile that are relevant to any education goals included in the education services plan prepared under s. 938.33 (1) (e).

AB1-ASA1-CA1, s. 533eb Section 533eb. 938.38 (4) (dm) of the statutes is created to read:

AB1-ASA1-CA1,377,11 938.38 (4) (dm) If as a result of the placement the juvenile has been or will be transferred from the school in which the juvenile is or most recently was enrolled, documentation that a placement that would maintain the juvenile in that school is either unavailable or inappropriate or that a placement that would result in the juvenile's transfer to another school would be in the juvenile's best interests.