SB461, s. 62 3Section 62. 48.38 (4) (am) of the statutes is created to read:
SB461,39,54 48.38 (4) (am) The date on which the child was removed from his or her home
5and the date on which the child was placed in out-of-home care.
SB461, s. 63 6Section 63. 48.38 (4) (bm) of the statutes is amended to read:
SB461,39,107 48.38 (4) (bm) The A statement as to the availability of a safe and appropriate
8placement with a fit and willing relative of the child and, if a decision is made not
9to place the child with an available relative, a statement as to why placement with
10the relative is not safe or appropriate.
SB461, s. 64 11Section 64. 48.38 (4) (dg) of the statutes is created to read:
SB461,39,1312 48.38 (4) (dg) Information about the child's education, including all of the
13following:
SB461,39,1514 1. The name and address of the school in which the child is or was most recently
15enrolled.
SB461,39,1716 2. Any special education programs in which the child is or was previously
17enrolled.
SB461,39,1918 3. The grade level in which the child is or was most recently enrolled and all
19information that is available concerning the child's grade level performance.
SB461,39,2220 4. A summary of all available education records relating to the child that are
21relevant to any education goals included in the education services plan prepared
22under s. 48.33 (1) (e).
SB461, s. 65 23Section 65. 48.38 (4) (dm) of the statutes is created to read:
SB461,40,324 48.38 (4) (dm) If as a result of the placement the child has been or will be
25transferred from the school in which the child is or most recently was enrolled,

1documentation that a placement that would maintain the child in that school is
2either unavailable or inappropriate or that a placement that would result in the
3child's transfer to another school would be in the child's best interests.
SB461, s. 66 4Section 66. 48.38 (4) (dr) of the statutes is created to read:
SB461,40,65 48.38 (4) (dr) Medical information relating to the child, including all of the
6following:
SB461,40,97 1. The names and addresses of the child's physician, dentist, and any other
8health care provider that is or was previously providing health care services to the
9child.
SB461,40,1110 2. The child's immunization record, including the name and date of each
11immunization administered to the child.
SB461,40,1412 3. Any known medical condition for which the child is receiving medical care
13or treatment and any known serious medical condition for which the child has
14previously received medical care or treatment.
SB461,40,1715 4. The name, purpose, and dosage of any medication that is being administered
16to the child and the name of any medication that causes the child to suffer an allergic
17or other negative reaction.
SB461, s. 67 18Section 67. 48.38 (4) (e) of the statutes is amended to read:
SB461,40,2419 48.38 (4) (e) The A plan for ensuring the safety and appropriateness of the
20placement and a description of the services provided to meet the needs of the child
21and family, including a discussion of services that have been investigated and
22considered and are not available or likely to become available within a reasonable
23time to meet the needs of the child or, if available, why such services are not safe or
24appropriate.
SB461, s. 68 25Section 68. 48.38 (4) (f) (intro.) of the statutes is amended to read:
SB461,41,5
148.38 (4) (f) (intro.) The A description of the services that will be provided to
2the child, the child's family, and the child's foster parent, the child's treatment foster
3parent or, the operator of the facility where the child is living, or the relative with
4whom the child is living
to carry out the dispositional order, including services
5planned to accomplish all of the following:
SB461, s. 69 6Section 69. 48.38 (4) (fg) of the statutes is created to read:
SB461,41,157 48.38 (4) (fg) The goal of the permanency plan or, if the agency is making
8concurrent reasonable efforts under s. 48.355 (2b), the goals of the permanency plan.
9If a goal of the permanency plan is any goal other than return of the child to his or
10her home, the permanency plan shall include the rationale for deciding on that goal.
11If a goal of the permanency plan is an alternative permanent placement under subd.
125., the permanency plan shall document a compelling reason why it would not be in
13the best interest of the child to pursue a goal specified in subds. 1. to 4. The agency
14shall determine one or more of the following goals to be the goal or goals of a child's
15permanency plan:
SB461,41,1616 1. Return of the child to the child's home.
SB461,41,1717 2. Placement of the child for adoption.
SB461,41,1818 3. Placement of the child with a guardian.
SB461,41,1919 4. Permanent placement of the child with a fit and willing relative.
SB461,41,2120 5. Some other alternative permanent placement, including sustaining care,
21independent living, or long-term foster care.
SB461, s. 70 22Section 70. 48.38 (4) (fm) of the statutes is amended to read:
SB461,42,223 48.38 (4) (fm) If the goal of the permanency plan calls for placing is to place the
24child for adoption, with a guardian, with a fit and willing relative, or in some other

1alternative permanent placement, the efforts made to place the child for adoption,
2with a guardian or in some other alternative permanent placement
achieve that goal.
SB461, s. 71 3Section 71. 48.38 (4) (h) of the statutes is created to read:
SB461,42,74 48.38 (4) (h) If the child is 15 years of age or over, a description of the programs
5and services that are or will be provided to assist the child in preparing for the
6transition from out-of-home care to independent living. The description shall
7include all of the following:
SB461,42,98 1. The anticipated age at which the child will be discharged from out-of-home
9care.
SB461,42,1110 2. The anticipated amount of time available in which to prepare the child for
11the transition from out-of-home care to independent living.
SB461,42,1312 3. The anticipated location and living situation of the child on discharge from
13out-of-home care.
SB461,42,1714 4. A description of the assessment processes, tools, and methods that have been
15or will be used to determine the programs and services that are or will be provided
16to assist the child in preparing for the transition from out-of-home care to
17independent living.
SB461,42,2118 5. The rationale for each program or service that is or will be provided to assist
19the child in preparing for the transition from out-of-home care to independent
20living, the time frames for delivering those programs or services, and the intended
21outcome of those programs or services.
SB461, s. 72 22Section 72. 48.38 (5) (a) of the statutes is amended to read:
SB461,43,723 48.38 (5) (a) The court or a panel appointed under this paragraph par. (ag) shall
24review the permanency plan every in the manner provided in this subsection not
25later than
6 months from after the date on which the child was first held in physical

1custody or placed outside of
removed from his or her home and every 6 months after
2a previous review under this subsection for as long as the child is placed outside the
3home, except that for the review that is required to be conducted not later than 12
4months after the child was first removed from his or her home and the reviews that
5are required to be conducted every 12 months after that review the court shall hold
6a hearing under sub. (5m) to review the permanency plan, which hearing may be
7instead of or in addition to the review under this subsection
.
SB461,43,15 8(ag) If the court elects not to review the permanency plan, the court shall
9appoint a panel to review the permanency plan. The panel shall consist of 3 persons
10who are either designated by an independent agency that has been approved by the
11chief judge of the judicial administrative district or designated by the agency that
12prepared the permanency plan. A voting majority of persons on each panel shall be
13persons who are not employed by the agency that prepared the permanency plan and
14who are not responsible for providing services to the child or the parents of the child
15whose permanency plan is the subject of the review.
SB461, s. 73 16Section 73. 48.38 (5) (b) of the statutes is amended to read:
SB461,44,817 48.38 (5) (b) The court or the agency shall notify the parents of the child, the
18child, if he or she is 12 years of age or older, and the child's foster parent, the child's
19treatment foster parent or, the operator of the facility in which the child is living, or
20the relative with whom the child is living
of the date, time, and place of the review,
21of the issues to be determined as part of the review, and of the fact that they may have
22an opportunity to be heard at the review by submitting written comments not less
23than 10 working days before the review or by participating at the review. The court
24or agency shall notify the person representing the interests of the public, the child's
25counsel, the child's guardian ad litem, and the child's court-appointed special

1advocate of the date of the review, of the issues to be determined as part of the review,
2and of the fact that they may submit written comments not less than 10 working days
3before the review. Any written or oral statement made to the court under this
4paragraph by a foster parent, treatment foster parent, operator of a facility in which
5a child is living, or relative with whom a child is living shall be made under oath or
6affirmation.
The notices under this paragraph shall be provided in writing not less
7than 30 days before the review and copies of the notices shall be filed in the child's
8case record.
SB461, s. 74 9Section 74. 48.38 (5) (c) 6. (intro.) of the statutes is amended to read:
SB461,44,1510 48.38 (5) (c) 6. (intro.) If the child has been placed outside of his or her home,
11as described in s. 48.365 (1), for 15 of the most recent 22 months, not including any
12period during which the child was a runaway from the out-of-home placement or the
13first 6 months of any period during which the child was returned to his or her home
14for a trial home visit,
the appropriateness of the permanency plan and the
15circumstances which prevent the child from any of the following:
SB461, s. 75 16Section 75. 48.38 (5) (c) 6. am. of the statutes is renumbered 48.38 (5) (c) 6.
17cm. and amended to read:
SB461,44,1918 48.38 (5) (c) 6. cm. Being placed in the home of a fit and willing relative of the
19child.
SB461, s. 76 20Section 76. 48.38 (5) (c) 6. cg. of the statutes is created to read:
SB461,44,2121 48.38 (5) (c) 6. cg. Being placed with a guardian.
SB461, s. 77 22Section 77. 48.38 (5) (c) 6. d. of the statutes is amended to read:
SB461,44,2423 48.38 (5) (c) 6. d. Being placed in some other alternative permanent placement,
24including
sustaining care, independent living, or long-term foster care.
SB461, s. 78
1Section 78. 48.38 (5) (c) 7. of the statutes, as affected by 2001 Wisconsin Act
22
, is amended to read:
SB461,45,93 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make
4it possible for the child to return safely to his or her home, except that the court or
5panel need not determine whether those reasonable efforts were made with respect
6to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1.,
72., 3., 4., or 5. apply to that parent
achieve the goal of the permanency plan, unless
8return of the child to the home is the goal of the permanency plan and any of the
9circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
.
SB461, s. 79 10Section 79. 48.38 (5m) of the statutes is created to read:
SB461,45,1511 48.38 (5m) Permanency plan hearing. (a) The court shall hold a hearing to
12review the permanency plan and to make the determinations specified in sub. (5) (c)
13no later than 12 months after the date on which the child was first removed from the
14home and every 12 months after a previous hearing under this subsection for as long
15as the child is placed outside the home.
SB461,45,2216 (b) Not less than 30 days before the date of the hearing, the court shall notify
17the child; the child's parent, guardian, and legal custodian; the child's foster parent
18or treatment foster parent, the operator of the facility in which the child is living, or
19the relative with whom the child is living; the child's counsel, the child's guardian ad
20litem, and the child's court-appointed special advocate; the agency that prepared the
21permanency plan; and the person representing the interests of the public of the date,
22time, and place of the hearing.
SB461,46,823 (c) Any person who is provided notice of the hearing may have an opportunity
24to be heard at the hearing by submitting written comments relevant to the
25determinations specified in sub. (5) (c) not less than 10 working days before the date

1of the hearing or by participating at the hearing. Any written or oral comment made
2to the court under this paragraph by a foster parent, treatment foster parent,
3operator of a facility in which a child is living, or relative with whom a child is living
4shall be made under oath or affirmation. A foster parent, treatment foster parent,
5operator of a facility in which a child is living, or relative with whom a child is living
6who receives notice of a hearing under par. (b) and an opportunity to be heard under
7this paragraph does not become a party to the proceeding on which the hearing is
8held solely on the basis of receiving that notice and opportunity to be heard.
SB461,46,199 (d) At least 5 days before the date of the hearing the agency that prepared the
10permanency plan shall provide a copy of the permanency plan and any written
11comments submitted under par. (c) to the court, to the child's parent, guardian, and
12legal custodian, to the person representing the interests of the public, to the child's
13counsel or guardian ad litem, and to the child's court-appointed special advocate.
14Notwithstanding s. 48.78 (2) (a), the person representing the interests of the public,
15the child's counsel or guardian ad litem, and the child's court-appointed special
16advocate may have access to any other records concerning the child for the purpose
17of participating in the review. A person permitted access to a child's records under
18this paragraph may not disclose any information from the records to any other
19person.
SB461,47,1020 (e) After the hearing, the court shall make written findings of fact and
21conclusions of law relating to the determinations under sub. (5) (c) and shall provide
22a copy of those findings of fact and conclusions of law to the child; the child's parent,
23guardian, and legal custodian; the child's foster parent or treatment foster parent,
24the operator of the facility in which the child is living, or the relative with whom the
25child is living; the child's court-appointed special advocate; the agency that prepared

1the permanency plan; and the person representing the interests of the public. The
2court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis based
3on circumstances specific to the child and shall document or reference the specific
4information on which those findings are based in the findings of fact and conclusions
5of law prepared under this paragraph. Findings of fact and conclusions of law that
6merely reference sub. (5) (c) 7. without documenting or referencing that specific
7information in the findings of fact and conclusions of law or amended findings of fact
8and conclusions of law that retroactively correct earlier findings of fact and
9conclusions of law that do not comply with this paragraph are not sufficient to comply
10with this paragraph.
SB461,47,1411 (f) If the findings of fact and conclusions of law under par. (e) conflict with the
12child's dispositional order or provide for any additional services not specified in the
13dispositional order, the court shall revise the dispositional order under s. 48.363 or
14order a change in placement under s. 48.357, as appropriate.
SB461, s. 80 15Section 80. 48.417 (1) (a) of the statutes is amended to read:
SB461,47,2216 48.417 (1) (a) The child has been placed outside of his or her home, as described
17in s. 48.365 (1) or 938.365 (1), for 15 of the most recent 22 months, not including any
18period during which the child was a runaway from the out-of-home placement or the
19first 6 months of any period during which the child was returned to his or her home
20for a trial home visit. If the circumstances specified in this paragraph apply, the
21petition shall be filed or joined in by the last day of the 15th month, as described in
22this paragraph, for which the child was placed outside of his or her home
.
SB461, s. 81 23Section 81. 48.417 (1) (b) of the statutes is amended to read:
SB461,48,724 48.417 (1) (b) A court of competent jurisdiction has found under s. 48.13 (2) or
25under a law of any other state or a federal law that is comparable to s. 48.13 (2) that

1the child was abandoned when he or she was under one year of age or has found that
2the parent abandoned the child when the child was under one year of age in violation
3of s. 948.20 or in violation of the law of any other state or federal law, if that violation
4would be a violation of s. 948.20 if committed in this state. If the circumstances
5specified in this paragraph apply, the petition shall be filed or joined in within 60
6days after the date on which the court of competent jurisdiction found that the child
7was abandoned as described in this paragraph.
SB461, s. 82 8Section 82. 48.417 (1) (c) of the statutes is amended to read:
SB461,48,199 48.417 (1) (c) A court of competent jurisdiction has found that the parent has
10committed, has aided or abetted the commission of, or has solicited, conspired, or
11attempted to commit, a violation of s. 940.01, 940.02, 940.03, or 940.05 or a violation
12of the law of any other state or federal law, if that violation would be a violation of
13s. 940.01, 940.02, 940.03, or 940.05 if committed in this state, and that the victim of
14that violation is a child of the parent. If the circumstances specified in this paragraph
15apply, the petition shall be filed or joined in within 60 days after the date on which
16the court assigned to exercise jurisdiction under this chapter determines, based on
17a finding that a circumstance specified in this paragraph applies, that reasonable
18efforts to make it possible for the child to return safely to his or her home are not
19required.
SB461, s. 83 20Section 83. 48.417 (1) (d) of the statutes is amended to read:
SB461,49,721 48.417 (1) (d) A court of competent jurisdiction has found that the parent has
22committed a violation of s. 940.19 (2), (3), (4), or (5), 940.225 (1) or (2), 948.02 (1) or
23(2), 948.025, or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or
24federal law, if that violation would be a violation of s. 940.19 (2), (3), (4), or (5), 940.225
25(1) or (2), 948.02 (1) or (2), 948.025, or 948.03 (2) (a) or (3) (a) if committed in this state,

1and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or
2in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child
3of the parent. If the circumstances specified in this paragraph apply, the petition
4shall be filed or joined in within 60 days after the date on which the court assigned
5to exercise jurisdiction under this chapter determines, based on a finding that a
6circumstance specified in this paragraph applies, that reasonable efforts to make it
7possible for the child to return safely to his or her home are not required.
SB461, s. 84 8Section 84. 48.417 (2) (a) of the statutes is amended to read:
SB461,49,109 48.417 (2) (a) The child is being cared for by a fit and willing relative of the
10child.
SB461, s. 85 11Section 85. 48.417 (2) (b) of the statutes is amended to read:
SB461,49,1412 48.417 (2) (b) The child's permanency plan indicates and provides
13documentation
that termination of parental rights to the child is not in the best
14interests of the child.
SB461, s. 86 15Section 86. 48.417 (2) (d) of the statutes is created to read:
SB461,49,1716 48.417 (2) (d) Grounds for an involuntary termination of parental rights under
17s. 48.415 do not exist.
SB461, s. 87 18Section 87. 48.42 (2g) (am) of the statutes is amended to read:
SB461,50,419 48.42 (2g) (am) The court shall give a foster parent, treatment foster parent,
20or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
21par. (a) an opportunity to be heard at the hearing by permitting the foster parent,
22treatment foster parent, or other physical custodian to make a written or oral
23statement during the hearing, or to submit a written statement prior to the hearing,
24relevant to the issues to be determined at the hearing. Any written or oral statement
25made under this paragraph shall be made upon oath or affirmation.
A foster parent,

1treatment foster parent, or other physical custodian described in s. 48.62 (2) who
2receives a notice of a hearing under par. (a) and an opportunity to be heard under this
3paragraph does not become a party to the proceeding on which the hearing is held
4solely on the basis of receiving that notice and opportunity to be heard.
SB461, s. 88 5Section 88. 48.427 (1m) of the statutes is amended to read:
SB461,50,176 48.427 (1m) In addition to any evidence presented under sub. (1), the court
7shall give the foster parent, treatment foster parent, or other physical custodian
8described in s. 48.62 (2) of the child an opportunity to be heard at the dispositional
9hearing by permitting the foster parent, treatment foster parent, or other physical
10custodian to make a written or oral statement during the dispositional hearing, or
11to submit a written statement prior to disposition, relevant to the issue of disposition.
12Any written or oral statement made under this subsection shall be made upon oath
13or affirmation.
A foster parent, treatment foster parent, or other physical custodian
14described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and
15an opportunity to be heard under this subsection does not become a party to the
16proceeding on which the hearing is held solely on the basis of receiving that notice
17and opportunity to be heard.
SB461, s. 89 18Section 89. 48.63 (1) of the statutes is amended to read:
SB461,51,1119 48.63 (1) Acting pursuant to under court order or voluntary agreement, the
20child's parent or guardian or the department of health and family services, the
21department of corrections, a county department, or a child welfare agency licensed
22to place children in foster homes or, treatment foster homes, or group homes may
23place a child or negotiate or act as intermediary for the placement of a child in a foster
24home, treatment foster home, or group home. Voluntary agreements under this
25subsection may not be used for placements in facilities other than foster, treatment

1foster, or group homes and may not be extended. A foster home or treatment foster
2home placement under a voluntary agreement may not exceed 6 months 180 days
3from the date on which the child was removed from the home under the voluntary
4agreement
. A group home placement under a voluntary agreement may not exceed
515 days from the date on which the child was removed from the home under the
6voluntary agreement
. These time limitations do not apply to placements made under
7s. 48.345, 938.183, 938.34, or 938.345. Voluntary agreements may be made only
8under this subsection and shall be in writing and shall specifically state that the
9agreement may be terminated at any time by the parent or guardian or by the child
10if the child's consent to the agreement is required. The child's consent to the
11agreement is required whenever the child is 12 years of age or older.
SB461, s. 90 12Section 90. 48.63 (4) of the statutes is amended to read:
SB461,51,2313 48.63 (4) A permanency plan under s. 48.38 is required for each child placed
14in a foster home or treatment foster home under sub. (1). If the child is living in a
15foster home or treatment foster home under a voluntary agreement, the agency that
16negotiated or acted as intermediary for the placement shall prepare the permanency
17plan within 60 days after the placement date on which the child was removed from
18his or her home under the voluntary agreement
. A copy of each plan shall be provided
19to the child if he or she is 12 years of age or over and to the child's parent or guardian.
20If the agency which that arranged the voluntary placement intends to seek a court
21order to place the child outside of his or her home at the expiration of the voluntary
22placement, the agency shall prepare a revised permanency plan and file that revised
23plan with the court prior to the date of the hearing on the proposed placement.
SB461, s. 91 24Section 91. 48.685 (5) (bm) 4. of the statutes is amended to read:
SB461,52,6
148.685 (5) (bm) 4. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b),
2125.66 (3), 125.68 (12), 940.09,
940.19 (2), (3), (4), (5), or (6), 940.20, 940.203, 940.205
3or, 940.207, or 940.25, a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under
4s. 346.65 (2) (e) or (f), (2j) (d), or (3m),
or an offense under ch. 961 that is a felony, if
5committed not more than 5 years before the date of the investigation under sub. (2)
6(am).
SB461, s. 92 7Section 92. 48.78 (2) (a) of the statutes is amended to read:
SB461,52,118 48.78 (2) (a) No agency may make available for inspection or disclose the
9contents of any record kept or information received about an individual in its care
10or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or (5m) (d),
1148.432, 48.433, 48.93, 48.981 (7), 938.51, or 938.78 or by order of the court.
SB461, s. 93 12Section 93. 48.977 (2) (f) of the statutes, as affected by 2001 Wisconsin Act 2,
13is amended to read:
SB461,53,514 48.977 (2) (f) That the agency primarily responsible for providing services to
15the child under a court order has made reasonable efforts to make it possible for the
16child to return to his or her home, while assuring that the child's health and safety
17are the paramount concerns, but that reunification of the child with the child's
18parent or parents is unlikely or contrary to the best interests of the child and that
19further reunification efforts are unlikely to be made or are contrary to the best
20interests of the child, except that the court need not is not required to find that the
21agency has made those reasonable efforts with respect to a parent of the child if any
22of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3., 4., or 5. apply to 5. applies
23to that parent. The court shall make the findings specified in this paragraph on a
24case-by-case basis based on circumstances specific to the child and shall document
25or reference the specific information on which those findings are based in the

1guardianship order. A guardianship order that merely references this paragraph
2without documenting or referencing that specific information in the order or an
3amended guardianship order that retroactively corrects an earlier guardianship
4order that does not comply with this paragraph is not sufficient to comply with this
5paragraph.
SB461, s. 94 6Section 94. 938.21 (1) (a) of the statutes is amended to read:
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