Amendment ASA1-AB599

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)