AB768, s. 689 4Section 689. 938.33 (4m) (intro.) of the statutes is amended to read:
AB768,319,105 938.33 (4m) Support recommendations; information to parents. (intro.) In
6making a recommendation for an amount of child support under sub. (3) or (4), the
7agency shall consider the factors that the court considers under s. 46.10 301.12 (14)
8(c) for deviation from the percentage standard. At or before the dispositional hearing
9under s. 938.335, the agency shall provide the juvenile's parent with all of the
10following:
AB768, s. 690 11Section 690. 938.33 (4m) (b) of the statutes is amended to read:
AB768,319,1312 938.33 (4m) (b) A written explanation of how the parent may request that the
13court modify the amount of child support under s. 46.10 301.12 (14) (c).
AB768, s. 691 14Section 691. 938.355 (2) (b) 6. of the statutes is amended to read:
AB768,319,2315 938.355 (2) (b) 6. If the juvenile is placed outside the home and if sub. (2d) does
16not apply
, the court's finding as to whether a county department which provides
17social services or the agency primarily responsible for the provision of providing
18services under a court order has made reasonable efforts to prevent the removal of
19the juvenile from the home, while assuring that the juvenile's health and safety are
20the paramount concerns,
or, if applicable, that the court's finding as to whether the
21agency primarily responsible for the provision of providing services under a court
22order has made reasonable efforts to make it possible for the juvenile to return safely
23to his or her home.
AB768, s. 692 24Section 692. 938.355 (2b) of the statutes is created to read:
AB768,320,8
1938.355 (2b) Concurrent reasonable efforts permitted. A county
2department that provides social services or the agency primarily responsible for
3providing services to a juvenile under a court order may, at the same time as the
4county department or agency is making the reasonable efforts required under sub.
5(2) (b) 6., work with the department of health and family services, a county
6department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s.
748.61 (5) in making reasonable efforts to place the juvenile for adoption, with a
8guardian or in some other alternative permanent placement.
AB768, s. 693 9Section 693. 938.355 (2c) (a) (intro.) of the statutes is amended to read:
AB768,320,1610 938.355 (2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as
11to whether a county department which provides social services or the agency
12primarily responsible for providing services to the juvenile under a court order has
13made reasonable efforts to prevent the removal of the juvenile from his or her home,
14while assuring that the juvenile's health and safety are the paramount concerns
, the
15court's consideration of reasonable efforts shall include, but not be limited to,
16whether:
AB768, s. 694 17Section 694. 938.355 (2c) (a) 1. of the statutes is amended to read:
AB768,320,2018 938.355 (2c) (a) 1. A comprehensive assessment of the family's situation was
19completed, including a determination of the likelihood of protecting the juvenile's
20health, safety and welfare effectively in the home.
AB768, s. 695 21Section 695. 938.355 (2c) (b) of the statutes is amended to read:
AB768,321,322 938.355 (2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether
23the agency primarily responsible for providing services to the juvenile under a court
24order has made reasonable efforts to make it possible for the juvenile to return safely
25to his or her home, the court's consideration of reasonable efforts shall include, but

1not be limited to, the considerations listed under par. (a) 1. to 5. and whether
2visitation schedules between the juvenile and his or her parents were implemented,
3unless visitation was denied or limited by the court.
AB768, s. 696 4Section 696. 938.355 (2d) of the statutes is created to read:
AB768,321,55 938.355 (2d) Reasonable efforts not required. (a) In this subsection:
AB768,321,96 1. "Aggravated circumstances" include abandonment in violation of s. 948.20
7or in violation of the law of any other state or federal law if that violation would be
8a violation of s. 948.20 if committed in this state, torture, chronic abuse and sexual
9abuse.
AB768,321,1310 2. "Sexual abuse" means a violation of s. 940.225, 944.30, 948.02, 948.025,
11948.05, 948.055, 948.06, 948.09 or 948.10 or a violation of the law of any other state
12or federal law if that violation would be a violation of s. 940.225, 944.30, 948.02,
13948.025, 948.05, 948.055, 948.06, 948.09 or 948.10 if committed in this state.
AB768,321,2314 (b) Notwithstanding sub. (2) (b) 6., the court need not include in a dispositional
15order a finding as to whether a county department which provides social services or
16the agency primarily responsible for providing services under a court order has made
17reasonable efforts with respect to a parent of a juvenile to prevent the removal of the
18juvenile from the home, while assuring that the juvenile's health and safety are the
19paramount concerns, or, if applicable, a finding as to whether the agency primarily
20responsible for providing services under a court order has made reasonable efforts
21with respect to a parent of a juvenile to make it possible for the juvenile to return
22safely to his or her home, if the court finds, as evidenced by a final judgment of
23conviction, any of the following:
AB768,321,2424 1. That the parent has subjected the juvenile to aggravated circumstances.
AB768,322,5
12. That the parent has committed, has aided or abetted the commission of, or
2has solicited, conspired or attempted to commit, a violation of s. 940.01, 940.02,
3940.03 or 940.05 or a violation of the law of any other state or federal law, if that
4violation would be a violation of s. 940.01, 940.02, 940.03 or 940.05 if committed in
5this state, and that the victim of that violation is a child of the parent.
AB768,322,126 3. That the parent has committed a violation of s. 940.19 (2), (3), (4) or (5),
7940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation
8of the law of any other state or federal law, if that violation would be a violation of
9s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2)
10(a) or (3) (a) if committed in this state, and that the violation resulted in great bodily
11harm, as defined in s. 938.22 (14), or in substantial bodily harm, as defined in s.
12938.22 (38), to the juvenile or another child of the parent.
AB768,322,1413 4. That the parental rights of the parent to another child have been
14involuntarily terminated.
AB768,322,1915 (c) If the court makes a finding specified in par. (b) 1., 2., 3., or 4., the court shall
16hold a hearing within 30 days after the date of that finding to determine the
17permanency plan for the juvenile. If a hearing is held under this paragraph, the
18agency responsible for preparing the permanency plan shall file the permanency
19plan with the court not less than 5 days before the date of the hearing.
AB768, s. 697 20Section 697. 938.357 (2r) of the statutes, as created by 1997 Wisconsin Act ....
21(Assembly Bill 266), is amended to read:
AB768,323,1022 938.357 (2r) If a hearing is held under sub. (1) or (2m) and the change in
23placement would remove a juvenile from a foster home, treatment foster home or
24other placement with a physical custodian described in s. 48.62 (2), the court shall
25permit give the foster parent, treatment foster parent or other physical custodian

1described in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the
2foster parent, treatment foster parent or other physical custodian
to make a written
3or oral statement during the hearing or to submit a written statement prior to the
4hearing relating to the juvenile and the requested change in placement. Any written
5or oral statement made under this subsection shall be made under oath or
6affirmation. A foster parent, treatment foster parent or other physical custodian
7described in s. 48.62 (2) who receives notice of a hearing under sub. (1) or (2m) and
8an opportunity to be heard under this subsection does not become a party to the
9proceeding on which the hearing is held solely on the basis of receiving that notice
10and opportunity to be heard.
AB768, s. 698 11Section 698. 938.357 (5m) of the statutes, as affected by 1997 Wisconsin Acts
1227
and 35, is amended to read:
AB768,323,2313 938.357 (5m) If a proposed change in placement changes a juvenile's placement
14from a placement in the juvenile's home to a placement outside the juvenile's home,
15the court shall order the juvenile's parent to provide a statement of income, assets,
16debts and living expenses to the court or the person or agency primarily responsible
17for implementing the dispositional order by a date specified by the court. The clerk
18of court shall provide, without charge, to any parent ordered to provide a statement
19of income, assets, debts and living expenses a document setting forth the percentage
20standard established by the department of workforce development under s. 49.22 (9)
21and listing the factors that a court may consider under s. 46.10 301.12 (14) (c). If the
22juvenile is placed outside the juvenile's home, the court shall determine the liability
23of the parent in the manner provided in s. 46.10 301.12 (14).
AB768, s. 699 24Section 699. 938.36 (1) (a) of the statutes, as affected by 1997 Wisconsin Act
2527
, is amended to read:
AB768,324,15
1938.36 (1) (a) If legal custody is transferred from the parent or guardian or the
2court otherwise designates an alternative placement for the juvenile by a disposition
3made under s. 938.183, 938.34 or 938.345 or by a change in placement under s.
4938.357, the duty of the parent or guardian to provide support shall continue even
5though the legal custodian or the placement designee may provide the support. A
6copy of the order transferring custody or designating alternative placement for the
7juvenile shall be submitted to the agency or person receiving custody or placement
8and the agency or person may apply to the court for an order to compel the parent
9or guardian to provide the support. Support payments for residential services, when
10purchased or otherwise funded or provided by the department of corrections, or a
11county department under s. 46.215, 46.22, or 46.23, 51.42 or 51.437, shall be
12determined under s. 46.10 301.12 (14). Support payments for residential services,
13when purchased or otherwise funded by the department of health and family
14services, or a county department under s. 51.42 or 51.437, shall be determined under
15s. 46.10 (14).
AB768, s. 700 16Section 700. 938.36 (2) of the statutes is amended to read:
AB768,324,2317 938.36 (2) If a juvenile whose legal custody has not been taken from a parent
18or guardian is given educational and social services, or medical, psychological or
19psychiatric treatment by order of the court, the cost thereof, if ordered by the court,
20shall be a charge upon the county. This section does not prevent recovery of
21reasonable contribution toward the costs from the parent or guardian of the juvenile
22as the court may order based on the ability of the parent or guardian to pay. This
23subsection is subject to s. 46.03 301.03 (18).
AB768, s. 701 24Section 701. 938.363 (1m) of the statutes, as affected by 1997 Wisconsin Acts
2535
and .... (Assembly Bill 266), is amended to read:
AB768,325,13
1938.363 (1m) If a hearing is held under sub. (1), any party may present
2evidence relevant to the issue of revision of the dispositional order. In addition, the
3court shall permit give a foster parent, treatment foster parent or other physical
4custodian described in s. 48.62 (2) of the juvenile an opportunity to be heard at the
5hearing by permitting the foster parent, treatment foster parent or other physical
6custodian
to make a written or oral statement during the hearing, or to submit a
7written statement prior to the hearing, relevant to the issue of revision. Any written
8or oral statement made under this subsection shall be made under oath or
9affirmation. A foster parent, treatment foster parent or other physical custodian
10described in s. 48.62 (2) who receives notice of a hearing under sub. (1) and an
11opportunity to be heard under this subsection does not become a party to the
12proceeding on which the hearing is held solely on the basis of receiving that notice
13and opportunity to be heard.
AB768, s. 702 14Section 702. 938.365 (1) of the statutes is amended to read:
AB768,325,2315 938.365 (1) In this section, "2 or more years" means a period of time that begins
16with the first placement of the juvenile
a juvenile is considered to have been placed
17outside of his or her home pursuant to an order under this section or s. 938.345,
18938.357 or 938.363 and includes any period of time in which the juvenile returned
19home, unless the periods of time at home account for the majority of the time since
20the first placement
on the date on which the juvenile was first placed outside of his
21or her home pursuant to an order under this section or s. 938.345, 938.357 or 938.363
22or on the date that is 60 days after the date on which the juvenile was removed from
23his or her home, whichever is earlier
.
AB768, s. 703 24Section 703. 938.365 (2g) (b) 2. of the statutes is amended to read:
AB768,326,7
1938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement
2and of any progress the juvenile has made, suggestions for amendment of the
3permanency plan, a description of efforts to return the juvenile safely to his or her
4home, including efforts of the parents to remedy factors which contributed to the
5juvenile's placement and, if continued placement outside of the juvenile's home is
6recommended, an explanation of why returning the juvenile to his or her home is not
7safe or feasible.
AB768, s. 704 8Section 704. 938.365 (2g) (b) 3. of the statutes is amended to read:
AB768,326,249 938.365 (2g) (b) 3. If the juvenile has been placed outside of his or her home
10for 2 or more years 15 of the most recent 22 months, a statement of whether or not
11a recommendation has been made to terminate the parental rights of the parents of
12the juvenile. If a recommendation for a termination of parental rights has been
13made, the statement shall indicate the date on which the recommendation was made,
14any previous progress made to accomplish the termination of parental rights, any
15barriers to the termination of parental rights, specific steps to overcome the barriers
16and when the steps will be completed, reasons why adoption would be in the best
17interest of the juvenile and whether or not the juvenile should be registered with the
18adoption information exchange. If a recommendation for termination of parental
19rights has not been made, the statement shall include an explanation of the reasons
20why a recommendation for termination of parental rights has not been made. If the
21lack of appropriate adoptive resources is the primary reason for not recommending
22a termination of parental rights, the agency shall recommend that the juvenile be
23registered with the adoption information exchange or report the reason why
24registering the juvenile is contrary to the best interest of the juvenile.
AB768, s. 705 25Section 705. 938.365 (2m) (a) of the statutes is amended to read:
AB768,327,6
1938.365 (2m) (a) Any party may present evidence relevant to the issue of
2extension. The court shall make findings of fact and conclusions of law based on the
3evidence, including. Subject to s. 938.355 (2d), the findings of fact shall include a
4finding as to whether reasonable efforts were made by the agency primarily
5responsible for providing services to the juvenile to make it possible for the juvenile
6to return safely to his or her home. An order shall be issued under s. 938.355.
AB768, s. 706 7Section 706. 938.365 (2m) (ag) of the statutes, as affected by 1997 Wisconsin
8Act .... (Assembly Bill 266), is amended to read:
AB768,327,209 938.365 (2m) (ag) In addition to any evidence presented under par. (a), the
10court shall permit give a foster parent, treatment foster parent or other physical
11custodian described in s. 48.62 (2) of the juvenile an opportunity to be heard at the
12hearing by permitting the foster parent, treatment foster parent or other physical
13custodian
to make a written or oral statement during the hearing, or to submit a
14written statement prior to the hearing, relevant to the issue of extension. Any
15written or oral statement made under this paragraph shall be made under oath or
16affirmation. A foster parent, treatment foster parent or other physical custodian
17described in s. 48.62 (2) who receives notice of a hearing under sub. (2) and an
18opportunity to be heard under this paragraph does not become a party to the
19proceeding on which the hearing is held solely on the basis of receiving that notice
20and opportunity to be heard.
AB768, s. 707 21Section 707. 938.38 (3) (intro.) of the statutes is amended to read:
AB768,327,2522 938.38 (3) Time. (intro.) The Subject to s. 938.355 (2d) (c), the agency shall file
23the permanency plan with the court within 60 days after the date on which the
24juvenile was first held in physical custody or placed outside of his or her home under
25a court order, except under either of the following conditions:
AB768, s. 708
1Section 708. 938.38 (4) (a) of the statutes is amended to read:
AB768,328,82 938.38 (4) (a) The services offered and any service provided in an effort to
3prevent holding or placing the juvenile outside of his or her home , while assuring
4that the health and safety of the juvenile are the paramount concerns
, and to make
5it possible for the juvenile to return safely home , except that the permanency plan
6need not include a description of those services offered or provided with respect to
7a parent of the juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1.,
82., 3. or 4. apply to that parent
.
AB768, s. 709 9Section 709. 938.38 (4) (bm) of the statutes, as affected by 1997 Wisconsin Act
1035
, is amended to read:
AB768,328,1311 938.38 (4) (bm) The availability of a safe and appropriate placement with a
12relative of the juvenile and, if a decision is made not to place the juvenile with an
13available relative, why placement with the relative is not safe or appropriate.
AB768, s. 710 14Section 710. 938.38 (4) (e) of the statutes is amended to read:
AB768,328,1915 938.38 (4) (e) The safety and appropriateness of the placement and of the
16services provided to meet the needs of the juvenile and family, including a discussion
17of services that have been investigated and considered and are not available or likely
18to become available within a reasonable time to meet the needs of the juvenile or, if
19available, why such services are not safe or appropriate.
AB768, s. 711 20Section 711. 938.38 (4) (f) 1. of the statutes is amended to read:
AB768,328,2221 938.38 (4) (f) 1. Ensure proper care and treatment of the juvenile and promote
22safety and stability in the placement.
AB768, s. 712 23Section 712. 938.38 (4) (f) 3. of the statutes is amended to read:
AB768,329,3
1938.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe
2return of the juvenile to his or her home, or, if appropriate, obtain an alternative
3permanent placement for the juvenile.
AB768, s. 713 4Section 713. 938.38 (4) (fm) of the statutes is created to read:
AB768,329,85 938.38 (4) (fm) If the permanency plan calls for placing the juvenile for
6adoption, with a guardian or in some other alternative permanent placement, the
7efforts made to place the juvenile for adoption, with a guardian or in some other
8alternative permanent placement.
AB768, s. 714 9Section 714. 938.38 (4) (g) of the statutes is amended to read:
AB768,329,1210 938.38 (4) (g) The conditions, if any, upon which the juvenile will be returned
11safely to his or her home, including any changes required in the parents' conduct, the
12juvenile's conduct or the nature of the home.
AB768, s. 715 13Section 715. 938.38 (5) (b) of the statutes is amended to read:
AB768,330,214 938.38 (5) (b) The court or the agency shall notify the parents of the juvenile,
15the juvenile if he or she is 10 years of age or older and the juvenile's foster parent,
16the juvenile's treatment foster parent or the operator of the facility in which the
17juvenile is living of the date, time and place of the review, of the issues to be
18determined as part of the review, of the fact that they may submit have an
19opportunity to be heard at the review by submitting
written comments not less than
2010 working days before the review and of the fact that they may participate in or by
21participating at
the review. The court or agency shall notify the person representing
22the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem
23of the date of the review, of the issues to be determined as part of the review and of
24the fact that they may submit written comments not less than 10 working days before
25the review. The notices under this paragraph shall be provided in writing not less

1than 30 days before the review and copies of the notices shall be filed in the juvenile's
2case record.
AB768, s. 716 3Section 716. 938.38 (5) (c) 1. of the statutes is amended to read:
AB768,330,54 938.38 (5) (c) 1. The continuing necessity for and the safety and
5appropriateness of the placement.
AB768, s. 717 6Section 717. 938.38 (5) (c) 4. of the statutes is amended to read:
AB768,330,97 938.38 (5) (c) 4. The progress toward eliminating the causes for the juvenile's
8placement outside of his or her home and toward returning the juvenile safely to his
9or her home or obtaining a permanent placement for the juvenile.
AB768, s. 718 10Section 718. 938.38 (5) (c) 5. of the statutes is amended to read:
AB768,330,1411 938.38 (5) (c) 5. The date by which it is likely that the juvenile will be returned
12to his or her home, or placed for adoption, placed under legal guardianship or
13otherwise permanently placed
with a guardian or in some other alternative
14permanent placement
.
AB768, s. 719 15Section 719. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:
AB768,330,1916 938.38 (5) (c) 6. (intro.) If the juvenile has been placed outside of his or her home
17for 2 years or more, as described in s. 938.365 (1), for 15 of the most recent 22 months,
18the appropriateness of the permanency plan and the circumstances which prevent
19the juvenile from any of the following:
AB768, s. 720 20Section 720. 938.38 (5) (c) 6. a. of the statutes is amended to read:
AB768,330,2121 938.38 (5) (c) 6. a. Being returned safely to his or her home.
AB768, s. 721 22Section 721. 938.38 (5) (c) 7. of the statutes is amended to read:
AB768,331,223 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make
24it possible for the juvenile to return safely to his or her home, except that the court
25or panel need not determine whether those reasonable efforts were made with

1respect to a parent of the juvenile if any of the circumstances specified in s. 938.355
2(2d) (b) 1., 2., 3. or 4. apply to that parent
.
AB768, s. 722 3Section 722. 938.38 (6) (c) of the statutes is amended to read:
AB768,331,74 938.38 (6) (c) Standards for reasonable efforts to prevent placement of
5juveniles outside of their homes, while assuring that their health and safety are the
6paramount concerns,
and to make it possible for juveniles to return safely to their
7homes if they have been placed outside of their homes.
AB768, s. 723 8Section 723. 1997 Wisconsin Act 27, section 9132 (1xyg) is amended to read:
AB768,331,149[1997 Wisconsin Act 27] Section 9132 (1xyg) Study of state centers for the
10developmentally disabled
. The department of health and family services shall
11conduct a study on the future of the state centers for the developmentally disabled
12and, by September 1, 1998 March 1, 1999, shall submit a report containing the
13department's findings and conclusions in the manner provided under section 13.172
14(2) of the statutes and to the governor.
AB768, s. 724 15Section 724. 1997 Wisconsin Act 27, section 9137 (4eq) (a) is amended to read:
AB768,331,2316[1997 Wisconsin Act 27] Section 9137 (4eq) (a) During the 1997-99 fiscal
17biennium, from the appropriation under section 20.370 (2) (da) of the statutes, as
18created by this act, the department of natural resources shall make a payment to
19each person who received a waste tire reimbursement grant under sections NR
20555.08 to 555.12, Wisconsin Administrative Code, for waste tires used during 1995
21if the grant was prorated. The payment may not exceed the amount by which the
22grant was reduced because it was prorated. The total amount of the payments under
23this paragraph may not exceed $1,135,700 $1,186,200.
AB768, s. 725 24Section 725. 1997 Wisconsin Act 27, section 9143 (2e) is repealed.
AB768, s. 726
1Section 726. 1997 Wisconsin Act 27, section 9256 (3x) (d) 2. b. is amended to
2read:
AB768,332,53[1997 Wisconsin Act 27] Section 9256 (3x) (d) 2. b. The difference between
4$175,000,000 $111,000,000 and the amount transferred to the property tax relief
5fund under paragraph (c) 2.
AB768, s. 727 6Section 727. 1997 Wisconsin Act 27, section 9256 (3x) (e) 2. b. is amended to
7read:
AB768,332,108[1997 Wisconsin Act 27] Section 9256 (3x) (e) 2. b. The difference between
9$175,000,000 $111,000,000 and the amounts transferred to the property tax relief
10fund under paragraphs (c) 2. and (d) 2.
AB768, s. 9109 11Section 9109. Nonstatutory provisions; circuit courts.
AB768,332,1212 (1) Termination of parental rights.
AB768,332,1313 (a) Continuing need of protection or services.
AB768,332,21 141. Notwithstanding section 48.415 (2) (b) 2. and (c) of the statutes, as affected
15by this act, no person may file a petition under section 48.42 (1) of the statutes for
16termination of parental rights on the grounds specified in section 48.415 (2) (b) 2. and
17(c) of the statutes, as affected by this act, unless the parent against whom the petition
18is filed has received the notice under section 48.356 (2) or 938.356 (2) of the statutes
19of the grounds for termination of parental rights under section 48.415 (2) (b) 2. and
20(c) of the statutes, as affected by this act, and 6 months or longer have elapsed since
21the date of that notice.
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