AB809: Bill Text

AB809,34,19 48.365 (2g) (b) 3. If the child has been placed outside of his or her home for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or the child was returned to his or her home for a trial home visit of 6 months or less, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the child. 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 child, and whether or not the child 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 child be registered with the adoption information exchange or report the reason why registering the child is contrary to the best interest of the child.

AB809, s. 50 Section 50. 48.365 (2m) (a) of the statutes is renumbered 48.365 (2m) (a) 1. and amended to read:

AB809,35,11 48.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the child is placed outside of his or her home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the agency has made reasonable efforts to achieve the goal of the child's permanency plan, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies. The judge shall make findings of fact and conclusions of law based on the evidence. Subject to s. 48.355 (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 child or expectant mother to make it possible for the child to return safely to his or her home or for the expectant mother to return to her home to achieve the goal of the child's permanency plan, unless return of the child to the home is the goal of the permanency plan and the judge finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies. An order shall be issued under s. 48.355.

AB809, s. 51 Section 51. 48.365 (2m) (a) 2. of the statutes is created to read:

AB809,35,17 48.365 (2m) (a) 2. If the judge finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the child is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home.

AB809, s. 52 Section 52. 48.365 (2m) (a) 3. of the statutes is created to read:

AB809,36,2 48.365 (2m) (a) 3. The judge shall make the findings specified in subd. 1. relating to reasonable efforts to achieve the goal of the child's permanency plan and the findings specified in subd. 2. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the order issued under s. 48.355. 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.

AB809, s. 53 Section 53. 48.365 (2m) (ad) of the statutes is created to read:

AB809,36,9 48.365 (2m) (ad) 1. If the judge finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the child. 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.

AB809,36,14 2. If a hearing is held under subd. 1., at least 10 days before the date of the hearing the court shall notify the child, any parent, guardian, and legal custodian of the child, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the hearing.

AB809, s. 54 Section 54. 48.365 (2m) (ag) of the statutes is amended to read:

AB809,37,2 48.365 (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 child 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.

AB809, s. 55 Section 55. 48.365 (5) of the statutes is amended to read:

AB809,37,13 48.365 (5) Except as provided in s. 48.368, all orders an order under this section that continues the placement of a child in his or her home or that relates to an unborn child of an adult expectant mother shall be for a specified length of time not to exceed one year after its date of entry. Except as provided in s. 48.368, an order under this section that continues the placement of a child in an out-of-home placement shall be for a specified length of time not to exceed the date on which the child reaches 18 years of age, one year after the date of entry of the order, or, if the child 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 child reaches 19 years of age, whichever is later.

AB809, s. 56 Section 56. 48.38 (2) (intro.) of the statutes is amended to read:

AB809,37,21 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each child living in a foster home, treatment foster home, group home, child-caring institution, secure detention facility, or shelter care facility or in the home of a relative other than a parent, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 shall prepare a written permanency plan, if one any of the following conditions exists:

AB809, s. 57 Section 57. 48.38 (2) (c) of the statutes is amended to read:

AB809,37,25 48.38 (2) (c) The child is under the supervision of an agency under s. 48.64 (2) or pursuant to, under a consent decree under s. 48.32 (1) (b), or under a court order under s. 48.355.

AB809, s. 58 Section 58. 48.38 (2) (f) of the statutes is amended to read:

AB809,38,3 48.38 (2) (f) The child's care is paid would be paid for under s. 49.19 but for s. 49.19 (20).

AB809, s. 59 Section 59. 48.38 (3) of the statutes is amended to read:

AB809,38,11 48.38 (3) Time. Subject to s. 48.355 (2d) (c) 1., the agency shall file the permanency plan with the court within 60 days after the date on which the child was first held in physical custody or placed outside of his or her home under a court order removed from his or her home, except that if the child is held for less than 60 days in a secure detention facility, juvenile portion of a county jail, or a shelter care facility, no permanency plan is required if the child is returned to his or her home within that period.

AB809, s. 60 Section 60. 48.38 (4) (intro.) of the statutes is amended to read:

AB809,38,14 48.38 (4) Contents of plan. (intro.) The permanency plan shall include a description of all of the following:

AB809, s. 61 Section 61. 48.38 (4) (a) of the statutes, as affected by 2001 Wisconsin Act 2, is renumbered 48.38 (4) (ar) and amended to read:

AB809,39,2 48.38 (4) (ar) The A description of the services offered and any service services provided in an effort to prevent holding or placing the child outside of the removal of the child from his or her home, while assuring that the health and safety of the child are the paramount concerns, and to make it possible for the child 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 child to prevent the removal of the child from the home or to achieve the permanency plan goal of returning the child safely to his or her home if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3., 4., or to 5. apply applies to that parent.

AB809, s. 62 Section 62. 48.38 (4) (ag) of the statutes is created to read:

AB809,39,5 48.38 (4) (ag) The name, address, and telephone number of the child's parent, guardian, and legal custodian.

AB809, s. 63 Section 63. 48.38 (4) (am) of the statutes is created to read:

AB809,39,8 48.38 (4) (am) The date on which the child was removed from his or her home and the date on which the child was placed in out-of-home care.

AB809, s. 64 Section 64. 48.38 (4) (bm) of the statutes is amended to read:

AB809,39,13 48.38 (4) (bm) The A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the child and, if a decision is made not to place the child with an available relative, a statement as to why placement with the relative is not safe or appropriate.

AB809, s. 65 Section 65. 48.38 (4) (dg) of the statutes is created to read:

AB809,39,16 48.38 (4) (dg) Information about the child's education, including all of the following:

AB809,39,18 1. The name and address of the school in which the child is or was most recently enrolled.

AB809,39,20 2. Any special education programs in which the child is or was previously enrolled.

AB809,39,22 3. The grade level in which the child is or was most recently enrolled and all information that is available concerning the child's grade level performance.

AB809,39,25 4. A summary of all available education records relating to the child that are relevant to any education goals included in the education services plan prepared under s. 48.33 (1) (e).

AB809, s. 66 Section 66. 48.38 (4) (dm) of the statutes is created to read:

AB809,40,6 48.38 (4) (dm) If as a result of the placement the child has been or will be transferred from the school in which the child is or most recently was enrolled, documentation that a placement that would maintain the child in that school is either unavailable or inappropriate or that a placement that would result in the child's transfer to another school would be in the child's best interests.

AB809, s. 67 Section 67. 48.38 (4) (dr) of the statutes is created to read:

AB809,40,9 48.38 (4) (dr) Medical information relating to the child, including all of the following:

AB809,40,12 1. The names and addresses of the child's physician, dentist, and any other health care provider that is or was previously providing health care services to the child.

AB809,40,14 2. The child's immunization record, including the name and date of each immunization administered to the child.

AB809,40,17 3. Any known medical condition for which the child is receiving medical care or treatment and any known serious medical condition for which the child has previously received medical care or treatment.

AB809,40,20 4. The name, purpose, and dosage of any medication that is being administered to the child and the name of any medication that causes the child to suffer an allergic or other negative reaction.

AB809, s. 68 Section 68. 48.38 (4) (e) of the statutes is amended to read:

AB809,41,2 48.38 (4) (e) The A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of the child and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the child or, if available, why such services are not safe or appropriate.

AB809, s. 69 Section 69. 48.38 (4) (f) (intro.) of the statutes is amended to read:

AB809,41,8 48.38 (4) (f) (intro.) The A description of the services that will be provided to the child, the child's family, and the child's foster parent, the child's treatment foster parent or, the operator of the facility where the child is living, or the relative with whom the child is living to carry out the dispositional order, including services planned to accomplish all of the following:

AB809, s. 70 Section 70. 48.38 (4) (fg) of the statutes is created to read:

AB809,41,18 48.38 (4) (fg) The goal of the permanency plan or, if the agency is making concurrent reasonable efforts under s. 48.355 (2b), the goals of the permanency plan, in the order of preference specified in subds. 1. to 5. If a goal of the permanency plan is any goal other than return of the child to his or her home, 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 child to pursue a goal specified in subds. 1. to 4. The agency shall determine the goal or goals of a child's permanency plan in the following order of preference:

AB809,41,19 1. Return of the child to the child's home.

AB809,41,20 2. Placement of the child for adoption.

AB809,41,21 3. Placement of the child with a guardian.

AB809,41,22 4. Permanent placement of the child with a fit and willing relative.

AB809,41,24 5. Some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.

AB809, s. 71 Section 71. 48.38 (4) (fm) of the statutes is amended to read:

AB809,42,4 48.38 (4) (fm) If the goal of the permanency plan calls for placing is to place the child for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement, the efforts made to place the child for adoption, with a guardian or in some other alternative permanent placement achieve that goal.

AB809, s. 72 Section 72. 48.38 (4) (h) of the statutes is created to read:

AB809,42,9 48.38 (4) (h) If the child is 15 years of age or over, a description of the programs and services that are or will be provided to assist the child in preparing for the transition from out-of-home care to independent living. The description shall include all of the following:

AB809,42,11 1. The anticipated age at which the child will be discharged from out-of-home care.

AB809,42,13 2. The anticipated amount of time available in which to prepare the child for the transition from out-of-home care to independent living.

AB809,42,15 3. The anticipated location and living situation of the child on discharge from out-of-home care.

AB809,42,19 4. A description of the assessment processes, tools, and methods that have been or will be used to determine the programs and services that are or will be provided to assist the child in preparing for the transition from out-of-home care to independent living.

AB809,42,23 5. The rationale for each program or service that is or will be provided to assist the child in preparing for the transition from out-of-home care to independent living, the time frames for delivering those programs or services, and the intended outcome of those programs or services.

AB809, s. 73 Section 73. 48.38 (5) (a) of the statutes is amended to read:

AB809,43,10 48.38 (5) (a) The court or a panel appointed under this paragraph par. (ag) shall review the permanency plan every in the manner provided in this subsection not later than 6 months from after the date on which the child was first held in physical custody or placed outside of removed from his or her home and every 6 months after a previous review under this subsection for as long as the child is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the child 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, which hearing may be instead of or in addition to the review under this subsection.

AB809,43,18 (ag) If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the child or the parents of the child whose permanency plan is the subject of the review.

AB809, s. 74 Section 74. 48.38 (5) (b) of the statutes is amended to read:

AB809,44,11 48.38 (5) (b) The court or the agency shall notify the parents of the child, the child, if he or she is 12 years of age or older, and the child's foster parent, the child's treatment foster parent or, the operator of the facility in which the child is living, or the relative with whom the child is living of the date, time, and place of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate of the date of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review. Any written or oral statement made to the court under this paragraph by a foster parent, treatment foster parent, operator of a facility in which a child is living, or relative with whom a child is living shall be made under oath or affirmation. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child's case record.

AB809, s. 75 Section 75. 48.38 (5) (c) 6. (intro.) of the statutes is amended to read:

AB809,44,18 48.38 (5) (c) 6. (intro.) If the child has been placed outside of his or her home, as described in s. 48.365 (1), for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or the child was returned to his or her home for a trial home visit of 6 months or less, the appropriateness of the permanency plan and the circumstances which prevent the child from any of the following:

AB809, s. 76 Section 76. 48.38 (5) (c) 6. am. of the statutes is renumbered 48.38 (5) (c) 6. cm. and amended to read:

AB809,44,22 48.38 (5) (c) 6. cm. Being placed in the home of a fit and willing relative of the child.

AB809, s. 77 Section 77. 48.38 (5) (c) 6. cg. of the statutes is created to read:

AB809,44,24 48.38 (5) (c) 6. cg. Being placed with a guardian.

AB809, s. 78 Section 78. 48.38 (5) (c) 6. d. of the statutes is amended to read:

AB809,45,2 48.38 (5) (c) 6. d. Being placed in some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.

AB809, s. 79 Section 79. 48.38 (5) (c) 7. of the statutes, as affected by 2001 Wisconsin Act 2, is amended to read:

AB809,45,11 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the child to return safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3., 4., or 5. apply to that parent achieve the goal of the permanency plan, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

AB809, s. 80 Section 80. 48.38 (5m) of the statutes is created to read:

AB809,45,17 48.38 (5m) Permanency plan hearing. (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 child was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the child is placed outside the home.

AB809,45,23 (b) Not less than 30 days before the date of the hearing, the court shall notify the child; the child's parent, guardian, and legal custodian; the child's foster parent or treatment foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; the child's court-appointed special advocate; the agency that prepared the permanency plan; and the person representing the interests of the public of the date, time, and place of the hearing.

AB809,46,9 (c) Any person who is provided notice of the hearing may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. Any written or oral comment made to the court under this paragraph by a foster parent, treatment foster parent, operator of a facility in which a child is living, or relative with whom a child is living shall be made under oath or affirmation. A foster parent, treatment foster parent, operator of a facility in which a child is living, or relative with whom a child is living who receives notice of a hearing under par. (b) 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.

AB809,46,20 (d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under par. (c) to the court, to the child's parent, guardian, and legal custodian, to the person representing the interests of the public, to the child's counsel or guardian ad litem, and to the child's court-appointed special advocate. Notwithstanding s. 48.78 (2) (a), the person representing the interests of the public, the child's counsel or guardian ad litem, and the child's court-appointed special advocate may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.

AB809,47,11 (e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the child; the child's parent, guardian, and legal custodian; the child's foster parent or treatment foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; the child's court-appointed special advocate; the agency that prepared the permanency plan; and the person representing the interests of the public. The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.

AB809,47,15 (f) If the findings of fact and conclusions of law under par. (e) conflict with the child's dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under s. 48.363 or order a change in placement under s. 48.357, as appropriate.

AB809, s. 81 Section 81. 48.417 (1) (a) of the statutes is amended to read: