Amendment ASA1-AB599

AB599-ASA1,43,22 938.365 (2m) (a) 1m. The court shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the juvenile to achieve the permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement,. If the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the findings of fact shall also include a finding that active efforts under s. 938.028 (4) (d) 2. were made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful. An order shall be issued under s. 938.355.

AB599-ASA1, s. 77 Section 77. 938.365 (2m) (a) 3. of the statutes is amended to read:

AB599-ASA1,44,7 938.365 (2m) (a) 3. The court shall make the findings under subd. 1m. relating to reasonable efforts to achieve the permanency goal of the juvenile's permanency plan and the findings under 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. 1m. 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.

AB599-ASA1, s. 78 Section 78. 938.365 (2m) (ad) of the statutes is amended to read:

AB599-ASA1,44,13 938.365 (2m) (ad) If the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency plan goal and, if applicable, any concurrent permanency goals for the juvenile.

AB599-ASA1, s. 79 Section 79. 938.365 (7) of the statutes is amended to read:

AB599-ASA1,44,19 938.365 (7) Changes in placement and trial reunifications not permitted. Nothing in this section may be construed to allow any changes in placement, trial reunification, or revocation of aftercare supervision. Revocation and other changes in placement may take place only under s. 938.357, and trial reunifications may take place only under s. 938.358.

AB599-ASA1, s. 80 Section 80. 938.371 (5) of the statutes is amended to read:

AB599-ASA1,45,2 938.371 (5) Confidentiality of information. Except as permitted under s. 252.15 (6), a foster parent, treatment foster parent, relative, or operator of a group home, residential care center for children and youth, or juvenile correctional facility that receives any information under sub. (1) or (3), other than the information described in sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the juvenile or participating in a court hearing or permanency plan review concerning the juvenile.

AB599-ASA1, s. 81 Section 81. 938.38 (2) (intro.) of the statutes is amended to read:

AB599-ASA1,45,12 938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, group home, residential care center for children and youth, juvenile 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 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each juvenile living in the home of a guardian or a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions under pars. (a) to (e) exists:

AB599-ASA1, s. 82 Section 82. 938.38 (4) (ar) of the statutes is amended to read:

AB599-ASA1,45,21 938.38 (4) (ar) A description of the services offered and any services provided in an effort to prevent 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 achieve the goal of the permanency plan, except that the permanency plan is not required to include a description of 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 under s. 938.355 (2d) (b) 1. to 4. apply to that parent.

AB599-ASA1, s. 83 Section 83. 938.38 (4) (f) 3. of the statutes is amended to read:

AB599-ASA1,46,2 938.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe return of the juvenile to his or her home, or, if appropriate, obtain an alternative permanent placement for the juvenile a placement for adoption, with a guardian, with a fit and willing relative, or in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult.

AB599-ASA1, s. 84 Section 84. 938.38 (4) (fg) (intro.) of the statutes is amended to read:

AB599-ASA1,46,18 938.38 (4) (fg) (intro.) The goal of the permanency plan or, if the agency is making concurrent reasonable efforts under engaging in concurrent planning, as defined in s. 938.355 (2b) (a), the permanency and concurrent permanency goals of the permanency plan. If a goal of the permanency plan is any goal other than return of the juvenile to his or her home to place the juvenile for adoption, with a guardian, or with a fit and willing relative, the permanency plan shall include the rationale for deciding on that goal. If a goal of the permanency plan is an alternative permanent placement under subd. 5., the permanency plan shall document a compelling reason why it would not be in the best interest of the juvenile to pursue a goal specified in subds. 1. to 4. and the efforts made to achieve that goal, including, if appropriate, through an out-of-state placement. If the agency determines under s. 938.355 (2b) (b) to engage in concurrent planning, the permanency plan shall include the rationale for that determination and a description of the concurrent plan. The agency shall determine one or more of the following goals to be the goal or goals of a juvenile's permanency plan:

AB599-ASA1, s. 85 Section 85. 938.38 (4) (fg) 5. of the statutes is amended to read:

AB599-ASA1,46,23 938.38 (4) (fg) 5. Some As provided in par. (fm), some other alternative planned permanent placement living arrangement that includes an appropriate, enduring relationship with an adult, including sustaining care, independent living, or long-term foster care, but not including independent living.

AB599-ASA1, s. 86 Section 86. 938.38 (4) (fm) of the statutes is amended to read:

AB599-ASA1,47,12 938.38 (4) (fm) If the goal of the permanency plan is to agency determines that there is a compelling reason why it currently would not be in the best interests of the juvenile to return the juvenile to his or her home or to place the juvenile for adoption, with a guardian, or with a fit and willing relative , or as the permanency goal for the juvenile, the permanency goal of placing the juvenile in some other alternative planned permanent placement, living arrangement described in par. (fg) 5. If the agency makes that determination, the plan shall include the efforts made to achieve that permanency goal, including, if appropriate, through an out-of-state placement., a statement of that compelling reason, and, notwithstanding that compelling reason, a concurrent plan under s. 938.355 (2b) towards achieving a goal under par. (fg) 1. to 4. as a concurrent permanency goal in addition to the permanency goal under par. (fg) 5.

AB599-ASA1, s. 87 Section 87. 938.38 (4) (i) of the statutes is amended to read:

AB599-ASA1,47,21 938.38 (4) (i) A statement as to whether the juvenile's age and developmental level are sufficient for the court to consult with the juvenile at the permanency plan determination hearing under sub. (4m) (c) or at the permanency plan hearing under sub. (5m) (c) 2. or for the court or panel to consult with the juvenile at the permanency plan review under sub. (5) (bm) 2. and, if a decision is made that it would not be age appropriate or developmentally appropriate for the court to consult with the juvenile, a statement as to why consultation with the juvenile would not be appropriate.

AB599-ASA1, s. 88 Section 88. 938.38 (4m) (title) of the statutes is amended to read:

AB599-ASA1,47,24 938.38 (4m) (title) Reasonable efforts not required; Permanency permanency plan determination hearing.

AB599-ASA1, s. 89 Section 89. 938.38 (5) (title) of the statutes is amended to read:

AB599-ASA1,48,1 938.38 (5) (title) Plan Permanency review.

AB599-ASA1, s. 90 Section 90. 938.38 (5) (a) of the statutes is amended to read:

AB599-ASA1,48,13 938.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed under par. (ag) shall review the permanency plan in the manner provided in this subsection not later than 6 months after the date on which the juvenile was first removed from his or her home and every 6 months after a previous review under this subsection for as long as the juvenile is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the juvenile was first removed from his or her home and the reviews that are required to be conducted every 12 months after that review, the court shall hold a hearing under sub. (5m) to review the permanency plan. The hearing may be instead of or in addition to the review under this subsection. The 6-month and 12-month periods referred to in this paragraph include trial reunifications under s. 938.358.

AB599-ASA1, s. 91 Section 91. 938.38 (5) (am) of the statutes is amended to read:

AB599-ASA1,48,19 938.38 (5) (am) The court may appoint an independent agency to designate a panel to conduct a permanency plan review under par. (a). If the court appoints an independent agency under this paragraph, the county department of the county of the court shall authorize and contract for the purchase of services from the independent agency.

AB599-ASA1, s. 92 Section 92. 938.38 (5) (c) 5. of the statutes is amended to read:

AB599-ASA1,48,24 938.38 (5) (c) 5. The date by which it is likely that the juvenile will be returned to his or her home or placed for adoption, with a guardian, with a fit and willing relative, or in some other alternative planned permanent placement living arrangement that includes an appropriate, enduring relationship with an adult.

AB599-ASA1, s. 93 Section 93. 938.38 (5) (c) 5m. of the statutes is created to read:

AB599-ASA1,49,7 938.38 (5) (c) 5m. The continuing appropriateness, according to standards established by the department, of the permanency goal and, if the court or panel considers appropriate, any concurrent permanency goals for the juvenile. If the court or panel does not approve of any of those goals or if the court or panel determines that a concurrent permanency goal is appropriate, the court or panel shall determine the permanency goal and, if appropriate, any concurrent permanency goals for the juvenile.

AB599-ASA1, s. 94 Section 94. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:

AB599-ASA1,49,16 938.38 (5) (c) 6. (intro.) If the juvenile has been placed outside of his or her home, as described in s. 938.365 (1), in a foster home, group home, nonsecured residential care center for children and youth, or shelter care facility 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 was residing in a trial reunification home for a trial home visit, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:

AB599-ASA1, s. 95 Section 95. 938.38 (5) (c) 6. d. of the statutes is amended to read:

AB599-ASA1,49,21 938.38 (5) (c) 6. d. Being placed in some other alternative planned permanent placement living arrangement that includes an appropriate, enduring relationship with an adult, including sustaining care, independent living, or long-term foster care, but not including independent living.

AB599-ASA1, s. 96 Section 96. 938.38 (5) (c) 7. of the statutes is amended to read:

AB599-ASA1,49,25 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve the permanency goal of the permanency plan, including, if appropriate, through an out-of-state placement,.

AB599-ASA1, s. 97 Section 97. 938.38 (5) (f) of the statutes is amended to read:

AB599-ASA1,50,6 938.38 (5) (f) If the summary prepared under par. (e) indicates that the review panel made recommendations that conflict with the court juvenile's dispositional order or that provide for additional services not specified in the court dispositional order, the agency primarily responsible for providing services to the juvenile shall request a revision of the court dispositional order.

AB599-ASA1, s. 98 Section 98. 938.38 (5m) (title) of the statutes is amended to read:

AB599-ASA1,50,8 938.38 (5m) (title) Permanency plan hearing.

AB599-ASA1, s. 99 Section 99. 938.38 (5m) (a) of the statutes is amended to read:

AB599-ASA1,50,15 938.38 (5m) (a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in sub. (5) (c) no later than 12 months after the date on which the juvenile was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the juvenile is placed outside the home. The 12-month periods referred to in this paragraph include trial reunifications under s. 938.358.

AB599-ASA1, s. 100 Section 100. 938.38 (5m) (b) of the statutes is amended to read:

AB599-ASA1,51,4 938.38 (5m) (b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; and the juvenile's foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the date, time, and place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par. (c) 1.

AB599-ASA1, s. 101 Section 101. 938.38 (5m) (f) of the statutes is amended to read:

AB599-ASA1,51,10 938.38 (5m) (f) If the findings of fact and conclusions of law under par. (e) conflict with the juvenile's dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under s. 938.363 or, order a change in placement under s. 938.357, or order a trial reunification under s. 938.358, as appropriate.

AB599-ASA1, s. 102 Section 102. 938.38 (6) (a) of the statutes is amended to read:

AB599-ASA1,51,12 938.38 (6) (a) Procedures for conducting permanency plan reviews.

AB599-ASA1, s. 103 Section 103. Initial applicability.

AB599-ASA1,51,14 (1) Permanency planning for children in out-of-home care.

AB599-ASA1,51,17 (a) Permanency plan contents. Except as provided in paragraph (b ) and subsection (2), this act first applies to a permanency plan filed on the effective date of this paragraph.

AB599-ASA1,51,22 (b) Permanency reviews and hearings. The treatment of sections 48.38 (5) (a) and (c) 5., 5m., and 6. (intro.) and d. and (5m) (a) and (f) and 938.38 (5) (a) and (c) 5., 5m., and 6. (intro.) and d. and (5m) (a) and (f) of the statutes first apply to a hearing or review for which a permanency plan is filed or provided on the effective date of this paragraph.

AB599-ASA1,51,23 (2) Trial reunifications for children in out-of-home care.

AB599-ASA1,52,3 (a) Trial reunifications. The treatment of sections 48.299 (4) (b), 48.335 (4), 48.358, 938.335 (4), and 938.358 of the statutes first applies to a trial reunification requested on the effective date of this paragraph.

AB599-ASA1,52,6 (b) Revisions of dispositional orders. The treatment of sections 48.363 (1) (a) and 938.363 (1) (a) of the statutes first applies to a revision of a dispositional order requested or proposed on the effective date of this paragraph.

AB599-ASA1,52,9 (c) Extensions of dispositional orders. The treatment of sections 48.365 (2g) (b) 3. and (7) and 938.365 (2g) (b) 3. and (7) of the statutes first applies to an extension of a dispositional order requested or proposed on the effective date of this paragraph.

AB599-ASA1,52,12 (d) Terminations of parental rights. The treatment of section 48.417 (1) (a) of the statutes first applies to a termination of parental rights petition filed or joined in on the effective date of this paragraph.

AB599-ASA1, s. 104 Section 104. Effective date.

AB599-ASA1,52,15 (1) Permanency planning for children in out-of-home care. This act takes effect on November 1, 2012.

AB599-ASA1,52,16 (End)