SB436, s. 121 17Section 121. 48.38 (3) of the statutes is amended to read:
SB436,84,2318 48.38 (3) Time. The Subject to s. 48.355 (2d) (c), the agency shall file the
19permanency plan with the court within 60 days after the date on which the child was
20first held in physical custody or placed outside of his or her home under a court order,
21except that if the child is held for less than 60 days in a secure detention facility,
22juvenile portion of a county jail or a shelter care facility, no permanency plan is
23required if the child is returned to his or her home within that period.
SB436, s. 122 24Section 122. 48.38 (4) (a) of the statutes is amended to read:
SB436,85,7
148.38 (4) (a) The services offered and any service provided in an effort to
2prevent holding or placing the child outside of his or her home, while assuring that
3the health and safety of the child are the paramount concerns
, and to make it possible
4for the child to return safely home, except that the permanency plan need not include
5a description of those services offered or provided with respect to a parent of the child
6if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3. or 4. apply to that
7parent
.
SB436, s. 123 8Section 123. 48.38 (4) (bm) of the statutes is amended to read:
SB436,85,119 48.38 (4) (bm) The availability of a safe and appropriate placement with a
10relative of the child and, if a decision is made not to place the child with an available
11relative, why placement with the relative is not safe or appropriate.
SB436, s. 124 12Section 124. 48.38 (4) (e) of the statutes is amended to read:
SB436,85,1713 48.38 (4) (e) The safety and appropriateness of the placement and of the
14services provided to meet the needs of the child and family, including a discussion of
15services that have been investigated and considered and are not available or likely
16to become available within a reasonable time to meet the needs of the child or, if
17available, why such services are not safe or appropriate.
SB436, s. 125 18Section 125. 48.38 (4) (f) 1. of the statutes is amended to read:
SB436,85,2019 48.38 (4) (f) 1. Ensure proper care and treatment of the child and promote
20safety and stability in the placement.
SB436, s. 126 21Section 126. 48.38 (4) (f) 3. of the statutes is amended to read:
SB436,85,2422 48.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe
23return of the child to his or her home, or, if appropriate, obtain an alternative
24permanent placement for the child.
SB436, s. 127 25Section 127. 48.38 (4) (fm) of the statutes is created to read:
SB436,86,4
148.38 (4) (fm) If the permanency plan calls for placing the child for adoption,
2with a guardian or in some other alternative permanent placement, the efforts made
3to place the child for adoption, with a guardian or in some other alternative
4permanent placement.
SB436, s. 128 5Section 128. 48.38 (4) (g) of the statutes is amended to read:
SB436,86,86 48.38 (4) (g) The conditions, if any, upon which the child will be returned safely
7to his or her home, including any changes required in the parents' conduct, the child's
8conduct or the nature of the home.
SB436, s. 129 9Section 129. 48.38 (5) (b) of the statutes is amended to read:
SB436,86,2210 48.38 (5) (b) The court or the agency shall notify the parents of the child, the
11child if he or she is 12 years of age or older and the child's foster parent, the child's
12treatment foster parent or the operator of the facility in which the child is living of
13the date, time and place of the review, of the issues to be determined as part of the
14review, of the fact that they may submit have an opportunity to be heard at the review
15by submitting
written comments not less than 10 working days before the review and
16of the fact that they may participate in
or by participating at the review. The court
17or agency shall notify the person representing the interests of the public, the child's
18counsel and the child's guardian ad litem of the date of the review, of the issues to
19be determined as part of the review and of the fact that they may submit written
20comments not less than 10 working days before the review. The notices under this
21paragraph shall be provided in writing not less than 30 days before the review and
22copies of the notices shall be filed in the child's case record.
SB436, s. 130 23Section 130. 48.38 (5) (c) 1. of the statutes is amended to read:
SB436,86,2524 48.38 (5) (c) 1. The continuing necessity for and the safety and appropriateness
25of the placement.
SB436, s. 131
1Section 131. 48.38 (5) (c) 4. of the statutes is amended to read:
SB436,87,42 48.38 (5) (c) 4. The progress toward eliminating the causes for the child's
3placement outside of his or her home and toward returning the child safely to his or
4her home or obtaining a permanent placement for the child.
SB436, s. 132 5Section 132. 48.38 (5) (c) 5. of the statutes is amended to read:
SB436,87,96 48.38 (5) (c) 5. The date by which it is likely that the child will be returned to
7his or her home, or placed for adoption, placed under legal guardianship or otherwise
8permanently placed
with a guardian or in some other alternative permanent
9placement
.
SB436, s. 133 10Section 133. 48.38 (5) (c) 6. (intro.), a., b. and c. of the statutes are amended
11to read:
SB436,87,1512 48.38 (5) (c) 6. (intro.) If the child has been placed outside of his or her home
13for 2 years or more, as described in s. 48.365 (1), for 15 of the most recent 22 months,
14the appropriateness of the permanency plan and the circumstances which prevent
15the child from any of the following:
SB436,87,1616 a. Being returned safely to his or her home;.
SB436,87,1817 b. Having a petition for the involuntary termination of parental rights filed on
18behalf of the child;.
SB436,87,1919 c. Being placed for adoption; or.
SB436, s. 134 20Section 134. 48.38 (5) (c) 7. of the statutes is amended to read:
SB436,87,2521 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make
22it possible for the child to return safely to his or her home, except that the court or
23panel need not determine whether those reasonable efforts were made with respect
24to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1.,
252., 3. or 4. apply to that parent
.
SB436, s. 135
1Section 135. 48.38 (6) (c) of the statutes is amended to read:
SB436,88,52 48.38 (6) (c) Standards for reasonable efforts to prevent placement of children
3outside of their homes, while assuring that their health and safety are the
4paramount concerns,
and to make it possible for children to return safely to their
5homes if they have been placed outside of their homes.
SB436, s. 136 6Section 136. 48.415 (1) (a) (intro.) of the statutes is amended to read:
SB436,88,87 48.415 (1) (a) (intro.) Abandonment, which, subject to par. (c), shall be
8established by proving that any of the following:
SB436, s. 137 9Section 137. 48.415 (1) (a) 1. of the statutes is amended to read:
SB436,88,1310 48.415 (1) (a) 1. The That the child has been left without provision for its the
11child's
care or support, the petitioner has investigated the circumstances
12surrounding the matter and for 60 days the petitioner has been unable to find either
13parent;.
SB436, s. 138 14Section 138. 48.415 (1) (a) 1m. of the statutes is amended to read:
SB436,88,1715 48.415 (1) (a) 1m. The That the child has been left by the parent without
16provision for the child's care or support in a place or manner that exposes the child
17to substantial risk of great bodily harm, as defined in s. 939.22 (14), or death;.
SB436, s. 139 18Section 139. 48.415 (1) (a) 1r. of the statutes is created to read:
SB436,88,2019 48.415 (1) (a) 1r. That the child was left by the child's parent without provision
20for the child's care or support when the child was under 3 years of age.
SB436, s. 140 21Section 140. 48.415 (1) (a) 2. of the statutes is amended to read:
SB436,88,2522 48.415 (1) (a) 2. The That the child has been placed, or continued in a
23placement, outside the parent's home by a court order containing the notice required
24by s. 48.356 (2) or 938.356 (2) and the parent has failed to visit or communicate with
25the child for a period of 3 months or longer; or.
SB436, s. 141
1Section 141. 48.415 (2) (b) 1. of the statutes is amended to read:
SB436,89,62 48.415 (2) (b) 1. In this paragraph, "diligent reasonable effort" means an
3earnest and conscientious effort to take good faith steps to provide the services
4ordered by the court which takes into consideration the characteristics of the parent
5or child, the level of cooperation of the parent and other relevant circumstances of
6the case.
SB436, s. 142 7Section 142. 48.415 (2) (b) 2. of the statutes is amended to read:
SB436,89,108 48.415 (2) (b) 2. That the agency responsible for the care of the child and the
9family has made a diligent reasonable effort to provide the services ordered by the
10court.
SB436, s. 143 11Section 143. 48.415 (2) (c) of the statutes, as affected by 1997 Wisconsin Act
12.... (Assembly Bill 266), is amended to read:
SB436,89,1713 48.415 (2) (c) That the child has been outside the home for a cumulative total
14period of 6 months or longer pursuant to such orders; and that the parent has failed
15to meet the conditions established for the safe return of the child to the home and
16there is a substantial likelihood that the parent will not meet these conditions within
17the 12-month period following the fact-finding hearing under s. 48.424.
SB436, s. 144 18Section 144. 48.415 (9m) (b) of the statutes is repealed and recreated to read:
SB436,89,1919 48.415 (9m) (b) In this subsection, "serious felony" means any of the following:
SB436,89,2320 1. The commission of, the aiding or abetting of, or the solicitation, conspiracy
21or attempt to commit, a violation of s. 940.01, 940.02, 940.03 or 940.05 or a violation
22of the law of any other state or federal law, if that violation would be a violation of
23s. 940.01, 940.02, 940.03 or 940.05 if committed in this state.
SB436,90,324 2. The commission of a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2),
25948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 or a

1violation of the law of any other state or federal law, if that violation would be a
2violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025,
3948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 if committed in this state.
SB436,90,64 3. The commission of a violation of s. 948.21 or a violation of the law of any other
5state or federal law, if that violation would be a violation of s. 948.21 if committed in
6this state, that resulted in the death of the victim.
SB436, s. 145 7Section 145. 48.417 of the statutes is created to read:
SB436,90,15 848.417 Petition for termination of parental rights; when required. (1)
9Filing or joining in petition; when required. Subject to sub. (2), an agency or the
10district attorney, corporation counsel or other appropriate official designated under
11s. 48.09 shall file a petition under s. 48.42 (1) to terminate the parental rights of a
12parent or the parents of a child, or, if a petition under s. 48.42 (1) to terminate those
13parental rights has already been filed, the agency, district attorney, corporation
14counsel or other appropriate official shall join in the petition, if any of the following
15circumstances apply:
SB436,90,1716 (a) The child has been placed outside of his or her home, as described in s.
1748.365 (1), for 15 of the most recent 22 months.
SB436,90,2318 (b) A court of competent jurisdiction has found under s. 48.13 (2) or under a law
19of any other state or a federal law that is comparable to s. 48.13 (2) that the child was
20abandoned when he or she was under 3 years of age or has found that the parent
21abandoned the child when the child was under 3 years of age in violation of s. 948.20
22or in violation of the law of any other state or federal law, if that violation would be
23a violation of s. 948.20 if committed in this state.
SB436,91,424 (c) A court of competent jurisdiction has found that the parent has committed,
25has aided or abetted the commission of, or has solicited, conspired or attempted to

1commit, a violation of s. 940.01, 940.02, 940.03 or 940.05 or a violation of the law of
2any other state or federal law, if that violation would be a violation of s. 940.01,
3940.02, 940.03 or 940.05 if committed in this state, and that the victim of that
4violation is a child of the parent.
SB436,91,125 (d) A court of competent jurisdiction has found that the parent has committed
6a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025
7or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law,
8if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2),
9948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that
10the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in
11substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of
12the parent.
SB436,91,20 13(2) Filing or joining in petition; when not required. Notwithstanding that
14any of the circumstances specified in sub. (1) (a), (b), (c) or (d) may apply, an agency
15or the district attorney, corporation counsel or other appropriate official designated
16under s. 48.09 need not file a petition under s. 48.42 (1) to terminate the parental
17rights of a parent or the parents of a child, or, if a petition under s. 48.42 (1) to
18terminate those parental rights has already been filed, the agency, district attorney,
19corporation counsel or other appropriate official need not join in the petition, if any
20of the following circumstances apply:
SB436,91,2121 (a) The child is being cared for by a relative of the child.
SB436,91,2322 (b) The child's permanency plan indicates that termination of parental rights
23to the child is not in the best interests of the child.
SB436,92,424 (c) The agency primarily responsible for providing services to the child and the
25family under a court order, if required under s. 48.355 (2) (b) 6. to make reasonable

1efforts to make it possible for the child to return safely to his or her home, has not
2provided to the family of the child, consistent with the time period in the child's
3permanency plan, the services necessary for the safe return of the child to his or her
4home.
SB436,92,10 5(3) Concurrent adoption efforts required. If a petition is filed or joined in
6as required under sub. (1), the agency primarily responsible for providing services
7to the child under a court order shall, during the pendency of the proceeding on the
8petition, work with the agency identified in the report under s. 48.425 (1) (f) that
9would be responsible for accomplishing the adoption of the child in processing and
10approving a qualified family for the adoption of the child.
SB436,92,13 11(4) Notice to department. If a petition is filed or joined in as required under
12sub. (1), the person who filed or joined in the petition shall notify the department of
13that filing or joinder.
SB436, s. 146 14Section 146. 48.42 (2g) (am) of the statutes is created to read:
SB436,92,2415 48.42 (2g) (am) The court shall give a foster parent, treatment foster parent
16or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
17par. (a) an opportunity to be heard at the hearing by permitting the foster parent,
18treatment foster parent or other physical custodian to make a written or oral
19statement during the hearing, or to submit a written statement prior to the hearing,
20relevant to the issues to be determined at the hearing. A foster parent, treatment
21foster parent or other physical custodian described in s. 48.62 (2) who receives a
22notice of a hearing under par. (a) and an opportunity to be heard under this
23paragraph does not become a party to the proceeding on which the hearing is held
24solely on the basis of receiving that notice and opportunity to be heard.
SB436, s. 147
1Section 147. 48.42 (2g) (b) of the statutes, as created by 1997 Wisconsin Act
2.... (Assembly Bill 266), is amended to read:
SB436,93,123 48.42 (2g) (b) Failure to give notice under par. (a) to a foster parent, treatment
4foster parent or other physical custodian described in s. 48.62 (2) does not deprive the
5court of jurisdiction in the proceeding. If a foster parent, treatment foster parent or
6other physical custodian described in s. 48.62 (2) is not given notice of a hearing
7under par. (a) and if the court is required under s. 48.427 (1m) to permit that person
8to make a written or oral statement during the hearing or to submit a written
9statement prior to the hearing and that person does not make or submit such
10statement
, that person may request a rehearing on the matter at any time prior to
11the entry of an order under s. 48.427 (2) or (3). If the request is made, the court shall
12order a rehearing.
SB436, s. 148 13Section 148. 48.425 (1) (c) of the statutes is amended to read:
SB436,93,2014 48.425 (1) (c) If the child has been previously adjudicated to be in need of
15protection and services, a statement of the steps the agency or person responsible for
16provision of services has taken to remedy the conditions responsible for court
17intervention and the parent's response to and cooperation with these services. If the
18child has been removed from the home, the report should also include a statement
19of the reasons why the child cannot be returned safely to the family, and the steps
20the person or agency has taken to effect this return.
SB436, s. 149 21Section 149. 48.425 (1) (d) of the statutes is amended to read:
SB436,93,2322 48.425 (1) (d) A statement of other appropriate services, if any, which might
23allow the child to return safely to the home of the parent.
SB436, s. 150 24Section 150. 48.427 (1m) of the statutes, as affected by 1997 Wisconsin Act ....
25(Assembly Bill 266), is amended to read:
SB436,94,11
148.427 (1m) In addition to any evidence presented under sub. (1), the court
2shall permit give the foster parent, treatment foster parent or other physical
3custodian described in s. 48.62 (2) of the child an opportunity to be heard at the
4dispositional hearing by permitting the foster parent, treatment foster parent or
5other physical custodian
to make a written or oral statement during the dispositional
6hearing, or to submit a written statement prior to disposition, relevant to the issue
7of disposition. A foster parent, treatment foster parent or other physical custodian
8described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and
9an opportunity to be heard under this subsection does not become a party to the
10proceeding on which the hearing is held solely on the basis of receiving that notice
11and opportunity to be heard.
SB436, s. 151 12Section 151. 48.43 (1) (d) of the statutes is created to read:
SB436,94,1413 48.43 (1) (d) A finding that the termination of parental rights is in the best
14interests of the child.
SB436, s. 152 15Section 152. 48.57 (3m) (am) 2. of the statutes, as affected by 1997 Wisconsin
16Act 27
, is amended to read:
SB436,94,2017 48.57 (3m) (am) 2. The county department or department determines that the
18child meets one or more of the criteria specified in s. 48.13 or 938.13 or that the child
19would be at substantial risk of meeting one or more of those criteria if the child were
20to remain in his or her home.
SB436, s. 153 21Section 153. 48.66 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
22is amended to read:
SB436,95,1423 48.66 (1) The Except as provided in s. 48.715 (7), the department shall license
24and supervise child welfare agencies, as required by s. 48.60, group homes, as
25required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care

1centers, as required by s. 48.65. The department may license foster homes or
2treatment foster homes, as provided by s. 48.62, and may license and supervise
3county departments in accordance with the procedures specified in this section and
4in ss. 48.67 to 48.74. The department of corrections may license a child welfare
5agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for
6holding in secure custody children who have been convicted under s. 938.183 or
7adjudicated delinquent under s. 938.34 (4d), (4h) or (4m) and referred to the child
8welfare agency by the court or the department of corrections and to provide
9supervision, care and maintenance for those children. A license issued under this
10subsection, other than a license to operate a foster home, treatment foster home or
11secured child caring institution, is valid until revoked or suspended. A license issued
12under this subsection to operate a foster home, treatment foster home or secured
13child caring institution may be for any term not to exceed 2 years from the date of
14issuance. No license issued under this subsection is transferable.
SB436, s. 154 15Section 154. 48.66 (2) of the statutes is amended to read:
SB436,95,2116 48.66 (2) The department shall prescribe application forms to be used by all
17applicants for licenses from it. The application forms prescribed by the department
18shall require that the social security numbers of all applicants for a license to operate
19a day care center who are individuals be provided and that the federal employer
20identification numbers of all applicants for a license to operate a day care center who
21are not individuals be provided.
SB436, s. 155 22Section 155. 48.66 (2m) of the statutes is created to read:
SB436,96,323 48.66 (2m) (a) The department shall require each applicant for a license under
24sub. (1) to operate a day care center who is an individual to provide the department
25with his or her social security number, and shall require each applicant for a license

1under sub. (1) to operate a day care center who is not an individual to provide the
2department with the person's federal employer identification number, when initially
3applying for or applying to continue the license.
SB436,96,94 (b) The department may not issue or continue a license under sub. (1) to operate
5a day care center to or for an applicant who is an individual unless the applicant has
6provided his or her social security number to the department, and the department
7may not issue or continue a license under sub. (1) to operate a day care center to or
8for an applicant who is not an individual unless the applicant has provided the
9applicant's federal employer identification number to the department.
SB436,96,1210 (c) The department may not disclose any information obtained under par. (a)
11to any person except to the department of revenue for the sole purpose of requesting
12certifications under s. 73.0301.
SB436, s. 156 13Section 156. 48.685 (1) (a) of the statutes, as created by 1997 Wisconsin Act
1427
, is amended to read:
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