AB809: Bill Text

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:

AB809,47,23 48.417 (1) (a) 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. If the circumstances specified in this paragraph apply, the petition shall be filed or joined in by the last day of the 15th month, as described in this paragraph, for which the child was placed outside of his or her home.

AB809, s. 82 Section 82. 48.417 (1) (b) of the statutes is amended to read:

AB809,48,9 48.417 (1) (b) A court of competent jurisdiction has found under s. 48.13 (2) or under a law of any other state or a federal law that is comparable to s. 48.13 (2) that the child was abandoned when he or she was under one year of age or has found that the parent abandoned the child when the child was under one year of age in violation of s. 948.20 or in violation of the law of any other state or federal law, if that violation would be a violation of s. 948.20 if committed in this state. If the circumstances specified in this paragraph apply, the petition shall be filed or joined in within 60 days after the date on which the court of competent jurisdiction found that the child was abandoned as described in this paragraph.

AB809, s. 83 Section 83. 48.417 (1) (c) of the statutes is amended to read:

AB809,48,21 48.417 (1) (c) A court of competent jurisdiction has found that the parent has committed, has aided or abetted the commission of, or has solicited, conspired, or attempted to commit, a violation of s. 940.01, 940.02, 940.03, or 940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.01, 940.02, 940.03, or 940.05 if committed in this state, and that the victim of that violation is a child of the parent. If the circumstances specified in this paragraph apply, the petition shall be filed or joined in within 60 days after the date on which the court assigned to exercise jurisdiction under this chapter determines, based on a finding that a circumstance specified in this paragraph applies, that reasonable efforts to make it possible for the child to return safely to his or her home are not required.

AB809, s. 84 Section 84. 48.417 (1) (d) of the statutes is amended to read:

AB809,49,9 48.417 (1) (d) A court of competent jurisdiction has found that the parent has committed a violation of s. 940.19 (2), (3), (4), or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4), or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent. If the circumstances specified in this paragraph apply, the petition shall be filed or joined in within 60 days after the date on which the court assigned to exercise jurisdiction under this chapter determines, based on a finding that a circumstance specified in this paragraph applies, that reasonable efforts to make it possible for the child to return safely to his or her home are not required.

AB809, s. 85 Section 85. 48.417 (2) (a) of the statutes is amended to read:

AB809,49,12 48.417 (2) (a) The child is being cared for by a fit and willing relative of the child.

AB809, s. 86 Section 86. 48.417 (2) (b) of the statutes is amended to read:

AB809,49,16 48.417 (2) (b) The child's permanency plan indicates and provides documentation that termination of parental rights to the child is not in the best interests of the child.

AB809, s. 87 Section 87. 48.417 (2) (d) of the statutes is created to read:

AB809,49,19 48.417 (2) (d) Grounds for an involuntary termination of parental rights under s. 48.415 do not exist.

AB809, s. 88 Section 88. 48.42 (2g) (am) of the statutes is amended to read:

AB809,50,6 48.42 (2g) (am) The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under par. (a) 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 issues to be determined at the hearing. Any written or oral statement made under this paragraph shall be made upon oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under par. (a) 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. 89 Section 89. 48.427 (1m) of the statutes is amended to read:

AB809,50,19 48.427 (1m) In addition to any evidence presented under sub. (1), the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child an opportunity to be heard at the dispositional hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the dispositional hearing, or to submit a written statement prior to disposition, relevant to the issue of disposition. Any written or oral statement made under this subsection shall be made upon 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 s. 48.42 (2g) (a) and an opportunity to be heard under this subsection 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. 90 Section 90. 48.63 (1) of the statutes is amended to read:

AB809,51,13 48.63 (1) Acting pursuant to under court order or voluntary agreement, the child's parent or guardian or the department of health and family services, the department of corrections, a county department, or a child welfare agency licensed to place children in foster homes or, treatment foster homes, or group homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home, or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster, or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 6 months 180 days from the date on which the child was removed from the home under the voluntary agreement. A group home placement under a voluntary agreement may not exceed 15 days from the date on which the child was removed from the home under the voluntary agreement. These time limitations do not apply to placements made under s. 48.345, 938.183, 938.34, or 938.345. Voluntary agreements may be made only under this subsection and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or guardian or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older.

AB809, s. 91 Section 91. 48.63 (4) of the statutes is amended to read:

AB809,51,25 48.63 (4) A permanency plan under s. 48.38 is required for each child placed in a foster home or treatment foster home under sub. (1). If the child is living in a foster home or treatment foster home under a voluntary agreement, the agency that negotiated or acted as intermediary for the placement shall prepare the permanency plan within 60 days after the placement date on which the child was removed from his or her home under the voluntary agreement. A copy of each plan shall be provided to the child if he or she is 12 years of age or over and to the child's parent or guardian. If the agency which that arranged the voluntary placement intends to seek a court order to place the child outside of his or her home at the expiration of the voluntary placement, the agency shall prepare a revised permanency plan and file that revised plan with the court prior to the date of the hearing on the proposed placement.

AB809, s. 92 Section 92. 48.685 (5) (bm) 4. of the statutes is amended to read:

AB809,52,7 48.685 (5) (bm) 4. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (3), (4), (5), or (6), 940.20, 940.203, 940.205 or, 940.207, or 940.25, a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (e) or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

AB809, s. 93 Section 93. 48.78 (2) (a) of the statutes is amended to read:

AB809,52,12 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.432, 48.433, 48.93, 48.981 (7), 938.51, or 938.78 or by order of the court.

AB809, s. 94 Section 94. 48.977 (2) (f) of the statutes, as affected by 2001 Wisconsin Act 2, is amended to read:

AB809,53,6 48.977 (2) (f) That the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, while assuring that the child's health and safety are the paramount concerns, but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child, except that the court need not is not required to find that the agency has made those reasonable efforts 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 5. applies to that parent. The court shall make the findings specified in this paragraph 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 guardianship order. A guardianship order that merely references this paragraph without documenting or referencing that specific information in the order or an amended guardianship order that retroactively corrects an earlier guardianship order that does not comply with this paragraph is not sufficient to comply with this paragraph.

AB809, s. 95 Section 95. 938.21 (1) (a) of the statutes is amended to read:

AB809,53,22 938.21 (1) (a) If a juvenile who has been taken into custody is not released under s. 938.20, a hearing to determine whether the juvenile shall continue to be held in custody under the criteria of ss. 938.205 to 938.209 (1) shall be conducted by the judge or juvenile court commissioner within 24 hours after the end of the day that the decision to hold the juvenile was made, excluding Saturdays, Sundays , and legal holidays. By the time of the hearing a petition under s. 938.25 shall be filed, except that no petition need be filed where a juvenile is taken into custody under s. 938.19 (1) (b) or (d) 2., 6. or 7. or where the juvenile is a runaway from another state, in which case a written statement of the reasons for holding a juvenile in custody shall be substituted if the petition is not filed. If no hearing has been held within 24 hours or if no petition or statement has been filed at the time of the hearing, the juvenile shall be released except as provided in par. (b). A parent not present at the hearing shall be granted a rehearing upon request unless the parent has waived his or her right to participate in the hearing, in which case the parent shall be granted a rehearing upon request for good cause shown.

AB809, s. 96 Section 96. 938.21 (2) (am) of the statutes is amended to read:

AB809,54,3 938.21 (2) (am) A juvenile held in a nonsecure place of custody may waive in writing his or her right to participate in the hearing under this section. After any waiver, a hearing rehearing shall be granted upon the request of the juvenile or any other interested party for good cause shown. Any juvenile transferred to a secure detention facility shall thereafter have a hearing rehearing under this section.

AB809, s. 97 Section 97. 938.21 (2) (d) of the statutes is amended to read:

AB809,54,13 938.21 (2) (d) If the juvenile is not represented by counsel at the hearing and the juvenile is continued in custody as a result of the hearing, the juvenile may request through counsel subsequently appointed or retained or through a guardian ad litem that the order to hold in custody be reheard. If the request is made, a rehearing shall take place as soon as possible unless the request is made by a juvenile who has waived his or her right to participate in the hearing, in which case a rehearing shall take place only upon a showing of good cause. Whether or not counsel was present, any order to hold the juvenile in custody shall be subject to rehearing for good cause.

AB809, s. 98 Section 98. 938.21 (3) (am) of the statutes is amended to read:

AB809,54,19 938.21 (3) (am) The parent, guardian, or legal custodian may waive his or her right to participate in the hearing under this section. Agreement in writing of the juvenile is required if he or she is over 12. After any waiver, a hearing rehearing shall be granted at the request of any the parent, guardian, legal custodian, or any other interested party for good cause shown.

AB809, s. 99 Section 99. 938.21 (3) (e) of the statutes is amended to read: