SB461: Bill Text

SB461, s. 178 Section 178. 938.38 (5) (c) 6. cg. of the statutes is created to read:

SB461,94,12 938.38 (5) (c) 6. cg. Being placed with a guardian.

SB461, s. 179 Section 179. 938.38 (5) (c) 6. d. of the statutes is amended to read:

SB461,94,15 938.38 (5) (c) 6. d. Being placed in some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.

SB461, s. 180 Section 180. 938.38 (5) (c) 7. of the statutes is amended to read:

SB461,94,23 938.38 (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.

SB461, s. 181 Section 181. 938.38 (5m) of the statutes is created to read:

SB461,95,5 938.38 (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.

SB461,95,12 (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 juvenile's counsel and the juvenile's guardian ad litem; 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.

SB461,95,24 (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.

SB461,96,10 (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.

SB461,96,25 (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.

SB461,97,4 (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.

SB461, s. 182 Section 182. 938.78 (2) (a) of the statutes is amended to read:

SB461,97,9 938.78 (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.

SB461, s. 183 Section 183. Nonstatutory provisions.

SB461,97,11 (1) Relative placement permanency plans.

SB461,97,23 (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.

SB461,98,6 (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.

SB461,98,13 (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.

SB461, s. 184 Section 184. Initial applicability.

SB461,99,2 (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.

SB461,99,7 (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.

SB461,99,12 (3) Juvenile court hearings. The treatment of sections 48.21 (1) (a) and (3) (am), 48.27 (3) (a) 1m., 48.335 (3g), 48.42 (2g) (am), 48.427 (1m), 938.21 (1) (a), (2) (am), and (3) (am), 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.

SB461,99,17 (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.

SB461,99,22 (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.

SB461,99,25 (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.

SB461,100,7 (7) Time limits. The treatment of sections 48.315 (2m) and 938.315 (2m) and (3) of the statutes first applies to continuances and extensions granted, and periods of delay that begin, on the effective date of this subsection.

SB461,100,11 (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.

SB461,100,12 (End)