AB809: Bill Text

AB809, s. 162 Section 162. 938.38 (3) (intro.) of the statutes is amended to read:

AB809,88,4 938.38 (3) Time. (intro.) Subject to s. 938.355 (2d) (c) 1., the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first held in physical custody or placed outside of removed from his or her home under a court order, except under either of the following conditions:

AB809, s. 163 Section 163. 938.38 (4) (intro.) of the statutes is amended to read:

AB809,88,7 938.38 (4) Contents of plan. (intro.) The permanency plan shall include a description of all of the following:

AB809, s. 164 Section 164. 938.38 (4) (a) of the statutes is renumbered 938.38 (4) (ar) and amended to read:

AB809,88,19 938.38 (4) (ar) The A description of the services offered and any service services provided in an effort to prevent holding or placing the juvenile outside of the removal of the juvenile from his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to make it possible for the juvenile 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 juvenile to prevent the removal of the juvenile from the home or to achieve the permanency plan goal of returning the juvenile safely to his or her home if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or to 4. apply to that parent.

AB809, s. 165 Section 165. 938.38 (4) (ag) of the statutes is created to read:

AB809,88,22 938.38 (4) (ag) The name, address, and telephone number of the juvenile's parent, guardian, and legal custodian.

AB809, s. 166 Section 166. 938.38 (4) (am) of the statutes is created to read:

AB809,88,25 938.38 (4) (am) The date on which the juvenile was removed from his or her home and the date on which the juvenile was placed in out-of-home care.

AB809, s. 167 Section 167. 938.38 (4) (bm) of the statutes is amended to read:

AB809,89,5 938.38 (4) (bm) The A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, a statement as to why placement with the relative is not safe or appropriate.

AB809, s. 168 Section 168. 938.38 (4) (dg) of the statutes is created to read:

AB809,89,8 938.38 (4) (dg) Information about the juvenile's education, including all of the following:

AB809,89,10 1. The name and address of the school in which the juvenile is or was most recently enrolled.

AB809,89,12 2. Any special education programs in which the juvenile is or was previously enrolled.

AB809,89,14 3. The grade level in which the juvenile is or was most recently enrolled and all information that is available concerning the juvenile's grade level performance.

AB809,89,17 4. A summary of all available education records relating to the juvenile that are relevant to any education goals included in the education services plan prepared under s. 938.33 (1) (e).

AB809, s. 169 Section 169. 938.38 (4) (dm) of the statutes is created to read:

AB809,89,23 938.38 (4) (dm) If as a result of the placement the juvenile has been or will be transferred from the school in which the juvenile is or most recently was enrolled, documentation that a placement that would maintain the juvenile in that school is either unavailable or inappropriate or that a placement that would result in the juvenile's transfer to another school would be in the juvenile's best interests.

AB809, s. 170 Section 170. 938.38 (4) (dr) of the statutes is created to read:

AB809,90,2 938.38 (4) (dr) Medical information relating to the juvenile, including all of the following:

AB809,90,5 1. The names and addresses of the juvenile's physician, dentist, and any other health care provider that is or was previously providing health care services to the juvenile.

AB809,90,7 2. The juvenile's immunization record, including the name and date of each immunization administered to the juvenile.

AB809,90,10 3. Any known medical condition for which the juvenile is receiving medical care or treatment and any known serious medical condition for which the juvenile has previously received medical care or treatment.

AB809,90,13 4. The name, purpose, and dosage of any medication that is being administered to the juvenile and the name of any medication that causes the juvenile to suffer an allergic or other negative reaction.

AB809, s. 171 Section 171. 938.38 (4) (e) of the statutes is amended to read:

AB809,90,20 938.38 (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 juvenile 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 juvenile or, if available, why such services are not safe or appropriate.

AB809, s. 172 Section 172. 938.38 (4) (f) (intro.) of the statutes is amended to read:

AB809,91,2 938.38 (4) (f) (intro.) The A description of the services that will be provided to the juvenile, the juvenile's family, and the juvenile's foster parent, the juvenile's treatment foster parent or, the operator of the facility where the juvenile is living, or the relative with whom the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:

AB809, s. 173 Section 173. 938.38 (4) (fg) of the statutes is created to read:

AB809,91,12 938.38 (4) (fg) The goal of the permanency plan or, if the agency is making concurrent reasonable efforts under s. 938.355 (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 juvenile 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 juvenile to pursue a goal specified in subds. 1. to 4. The agency shall determine the goal or goals of a juvenile's permanency plan in the following order of preference:

AB809,91,13 1. Return of the juvenile to the juvenile's home.

AB809,91,14 2. Placement of the juvenile for adoption.

AB809,91,15 3. Placement of the juvenile with a guardian.

AB809,91,16 4. Permanent placement of the juvenile with a fit and willing relative.

AB809,91,18 5. Some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.

AB809, s. 174 Section 174. 938.38 (4) (fm) of the statutes is amended to read:

AB809,91,24 938.38 (4) (fm) If the goal of the permanency plan calls for placing is to place the juvenile for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement, the efforts made to place the juvenile for adoption, with a guardian or in some other alternative permanent placement achieve that goal.

AB809, s. 175 Section 175. 938.38 (4) (h) of the statutes is created to read:

AB809,92,4 938.38 (4) (h) If the juvenile is 15 years of age or over, a description of the programs and services that are or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living. The description shall include all of the following:

AB809,92,6 1. The anticipated age at which the juvenile will be discharged from out-of-home care.

AB809,92,8 2. The anticipated amount of time available in which to prepare the juvenile for the transition from out-of-home care to independent living.

AB809,92,10 3. The anticipated location and living situation of the juvenile on discharge from out-of-home care.

AB809,92,14 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 juvenile in preparing for the transition from out-of-home care to independent living.

AB809,92,18 5. The rationale for each program or service that is or will be provided to assist the juvenile 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. 176 Section 176. 938.38 (5) (a) of the statutes is amended to read:

AB809,93,4 938.38 (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 juvenile was first held in physical custody or placed outside of removed from his or her home and every 12 months after a previous review under this subsection for as long as the juvenile is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the juvenile 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.

AB809,93,12 (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 juvenile or the parents of the juvenile whose permanency plan is the subject of the review.

AB809, s. 177 Section 177. 938.38 (5) (b) of the statutes is amended to read:

AB809,94,5 938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile, if he or she is 10 years of age or older, and the juvenile's foster parent, the juvenile's treatment foster parent or, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile 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 juvenile's counsel, and the juvenile's guardian ad litem 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 juvenile is living, or relative with whom a juvenile 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 juvenile's case record.

AB809, s. 178 Section 178. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:

AB809,94,12 938.38 (5) (c) 6. (intro.) If the juvenile has been placed outside of his or her home, as described in s. 938.365 (1), for 15 of the most recent 22 months, not including any period during which the juvenile was a runaway from the out-of-home placement or the juvenile 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 juvenile from any of the following:

AB809, s. 179 Section 179. 938.38 (5) (c) 6. am. of the statutes is renumbered 938.38 (5) (c) 6. cm. and amended to read:

AB809,94,16 938.38 (5) (c) 6. cm. Being placed in the home of a fit and willing relative of the juvenile.

AB809, s. 180 Section 180. 938.38 (5) (c) 6. cg. of the statutes is created to read:

AB809,94,18 938.38 (5) (c) 6. cg. Being placed with a guardian.

AB809, s. 181 Section 181. 938.38 (5) (c) 6. d. of the statutes is amended to read:

AB809,94,21 938.38 (5) (c) 6. d. Being placed in some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.

AB809, s. 182 Section 182. 938.38 (5) (c) 7. of the statutes is amended to read:

AB809,95,4 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the juvenile 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 juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or 4. apply to that parent achieve the goal of the permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

AB809, s. 183 Section 183. 938.38 (5m) of the statutes is created to read:

AB809,95,10 938.38 (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 juvenile was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the juvenile is placed outside the home.

AB809,95,16 (b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; 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.

AB809,96,3 (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 juvenile is living, or relative with whom a juvenile is living shall be made under oath or affirmation. A foster parent, treatment foster parent, operator of a facility in which a juvenile is living, or relative with whom a juvenile 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.

AB809,96,13 (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 juvenile's parent, guardian, and legal custodian, to the person representing the interests of the public, and to the juvenile's counsel or guardian ad litem. Notwithstanding s. 938.78 (2) (a), the person representing the interests of the public and the juvenile's counsel or guardian ad litem may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

AB809,97,3 (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 juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; 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 juvenile 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.

AB809,97,7 (f) If the findings of fact and conclusions of law under par. (e) conflict with the juvenile's dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under s. 938.363 or order a change in placement under s. 938.357, as appropriate.

AB809, s. 184 Section 184. 938.78 (2) (a) of the statutes is amended to read:

AB809,97,12 938.78 (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 sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or (5m) (d), or 938.51 or by order of the court.

AB809, s. 185 Section 185. Nonstatutory provisions.

AB809,97,14 (1) Relative placement permanency plans.

AB809,98,2 (a) Notwithstanding sections 48.38 (3) and 938.38 (3) of the statutes, for children or juveniles who are living in the home of a relative, as defined in section 48.02 (15) or 938.02 (15) of the statutes, under the supervision of an agency under section 48.64 (2) of the statutes, under a consent decree under section 48.32 or 938.32 of the statutes, or under an order under section 48.355 or 938.355 of the statutes on the day before the effective date of this paragraph, the agency assigned primary responsibility for providing services to those children or juveniles shall file a permanency plan with that court with respect to not less than 33% of those children or juveniles by July 1, 2002, with respect to not less than 67% of those children or juveniles by September 1, 2002, and with respect to all of those children or juveniles by November 1, 2002, giving priority to those children or juveniles who have been living in the home of a relative for the longest period of time.

AB809,98,10 (b) The agency shall request the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes, as affected by this act, to make a finding under section 48.363 or 938.363 of the statutes that reasonable efforts have been made to prevent the removal of the child or juvenile from the home or that those efforts are not required to be made because a circumstance specified in section 48.355 (2d) (b) 1. to 5. of the statutes, as affected by this act, or section 938.355 (2d) (b) 1. to 4. of the statutes, as affected by this act, applies, not more than 60 days after the date on which the permanency plan is filed.

AB809,98,17 (c) Notwithstanding section 48.38 (5) (a) of the statutes, as affected by this act, section 48.38 (5m) of the statutes, as created by this act, section 938.38 (5) (a) of the statutes, as affected by this act, and section 938.38 (5m) of the statutes, as created by this act, a permanency plan filed under this subsection shall be reviewed within 6 months after the date on which the permanency plan is filed and a permanency plan hearing shall be had to review a permanency plan filed under this subsection within 12 months after the date on which the permanency plan is filed.

AB809, s. 186 Section 186. Initial applicability.

AB809,99,5 (1) Juvenile court orders. The treatment of sections 48.21 (5) (b) 1. and 3., (c), and (d), 48.355 (2) (b) 6. and 6r., (2c) (b), (2d) (b) (intro.), 1., 2., 3., 4., and 5. and (bm), and (4), 48.357 (6), 48.365 (2m) (ag) and (5), 48.977 (2) (f), 938.21 (5) (b) 1. and 3., (c), and (d), 938.32 (1) (c) and (d), 938.355 (2) (b) 6. and 6r., (2c) (b), (2d) (b) (intro.), 1., 2., 3., 4., and 5. and (bm), (4) (a) and (b), (6) (a), and (6m) (cm), 938.357 (6), and 938.365 (2m) (ag) and (5) of the statutes, the renumbering and amendment of sections 48.32 (1), 48.355 (2d) (c), 48.365 (2m) (a), 938.355 (2d) (c), and 938.365 (2m) (a) of the statutes, and the creation of sections 48.32 (1) (b) and (c), 48.355 (2d) (c) 2. and 3., 48.365 (2m) (a) 2. and 3. and (ad), 938.355 (2d) (c) 2. and 3., and 938.365 (2m) (a) 2. and 3. and (ad) of the statutes first apply to a physical custody order, consent decree, dispositional order, change in placement order, extension order, sanction order, or guardianship order entered on the effective date of this subsection.

AB809,99,10 (2) Juvenile court reports. The treatment of sections 48.33 (4) (intro.) and (c), 48.365 (1) and (2g) (b) 2. and 3., 938.33 (4) (intro.) and (c), and 938.365 (1) and (2g) (b) 2. and 3. of the statutes first applies to reports filed with the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes on the effective of this subsection.

AB809,99,15 (3) Juvenile court hearings. The treatment of sections 48.21 (1) (a) and (3) (am) and (e), 48.27 (3) (a) 1m., 48.335 (3g), 48.42 (2g) (am), 48.427 (1m), 938.21 (1) (a), (2) (am) and (d), and (3) (am) and (e), 938.27 (3) (a) 1m., and 938.335 (3g) of the statutes first applies to hearings held by the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes on the effective of this subsection.

AB809,99,20 (4) Permanency plan contents. The treatment of sections 48.38 (4) (intro.), (a), (ag), (am), (bm), (dg), (dm), (dr), (e), (f) (intro.), (fg), (fm), and (h) and 938.38 (4) (intro.), (a), (ag), (am), (bm), (dg), (dm), (dr), (e), (f) (intro.), (fg), (fm), and (h) of the statutes first applies to permanency plans filed on the effective date of this subsection.

AB809,99,25 (5) Permanency plan reviews and hearings. The treatment of sections 48.38 (5) (a), (b), and (c) 6. (intro.), am., cg., and d. and 7. and (5m) and 938.38 (5) (a), (b), and (c) 6. (intro.), am., cg., and d. and 7. and (5m) of the statutes first applies to permanency plan reviews and hearings for which notice is provided on the effective date of this subsection.

AB809,100,7 (6) Changes in placement. The treatment of sections 48.357 (2) and (2r) and 938.357 (2), (2r), (3), (4) (b) 2., (c) 1. and 2., and (d), and (5) (a) of the statutes, the renumbering and amendment of sections 48.357 (1), (2m), and (2v) and 938.357 (1), (2m), and (2v) of the statutes, and the creation of sections 48.357 (1) (b) 3., and (c), (2m) (c), and (2v) (a) (intro.), 1., and 3., (b), and (c) and 938.357 (1) (b) 3. and (c), (2m) (c), and (2v) (a) (intro.), 1., and 3., (b), and (c) of the statutes first apply to changes in placement requested or proposed on the effective date of this subsection.

AB809,100,10 (7) Time limits. The treatment of sections 48.315 (2m) and 938.315 (2m) of the statutes first applies to continuances and extensions granted, and periods of delay that begin, on the effective date of this subsection.

AB809,100,14 (8) Juvenile court petitions. The treatment of sections 48.255 (1) (f), (1m) (f), and (2) and 938.255 (1) (f) and (2) of the statutes first applies to petitions filed with the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes on the effective date of this subsection.

AB809,100,15 (End)