SB461, s. 11 17Section 11. 48.315 (2m) of the statutes is created to read:
SB461,13,2118 48.315 (2m) (a) No continuance or extension of a time limit specified in this
19chapter may be granted and no period of delay specified in sub. (1) may be excluded
20in computing a time requirement under this chapter if the continuance, extension,
21or exclusion would result in any of the following:
SB461,14,322 1. The court making an initial finding under s. 48.21 (5) (b) 1., 48.355 (2) (b) 6.,
23or 48.357 (2v) (a) 1. that reasonable efforts have been made to prevent the removal
24of the child from the home, while assuring that the child's health and safety are the
25paramount concerns, or an initial finding under s. 48.21 (5) (b) 3., 48.355 (2) (b) 6r.,

1or 48.357 (2v) (a) 3. that those efforts were not required to be made because a
2circumstance specified in s. 48.355 (2d) (b) 1. to 5. applies, more than 60 days after
3the date on which the child was removed from the home.
SB461,14,94 2. The court making an initial finding under s. 48.38 (5m) that the agency
5primarily responsible for providing services to the child has made reasonable efforts
6to achieve the goals of the child's permanency plan more than 12 months after the
7date on which the child was removed from the home or making any subsequent
8findings under s. 48.38 (5m) as to those reasonable efforts more than 12 months after
9the date of a previous finding as to those reasonable efforts.
SB461,14,1510 (b) Failure to comply with any time limit specified in par. (a) does not deprive
11the court of personal or subject matter jurisdiction or of competency to exercise that
12jurisdiction. If a party does not comply with a time limit specified in par. (a), the
13court, while assuring the safety of the child, may dismiss the proceeding with or
14without prejudice, release the child from custody, or grant any other relief that the
15court considers appropriate.
SB461, s. 12 16Section 12. 48.32 (1) of the statutes is renumbered 48.32 (1) (a).
SB461, s. 13 17Section 13. 48.32 (1) (b) of the statutes is created to read:
SB461,15,818 48.32 (1) (b) 1. If at the time the consent decree is entered into the child is placed
19outside the home under a voluntary agreement under s. 48.63 or is otherwise living
20outside the home without a court order and if the consent decree maintains the child
21in that placement or other living arrangement, the consent decree shall include a
22finding that placement of the child in his or her home would be contrary to the welfare
23of the child, a finding as to whether the county department, the department, in a
24county having a population of 500,000 or more, or the agency primarily responsible
25for providing services to the child has made reasonable efforts to prevent the removal

1of the child from the home, while assuring that the child's health and safety are the
2paramount concerns, unless the judge or juvenile court commissioner finds that any
3of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and a finding as
4to whether the county department, department, or agency has made reasonable
5efforts to achieve the goal of the child's permanency plan, unless return of the child
6to the home is the goal of the permanency plan and the judge or juvenile court
7commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to
85. applies.
SB461,15,159 2. If the judge or juvenile court commissioner finds that any of the
10circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
11the consent decree shall include a determination that the county department,
12department, in a county having a population of 500,000 or more, or agency primarily
13responsible for providing services under the consent decree is not required to make
14reasonable efforts with respect to the parent to make it possible for the child to return
15safely to his or her home.
SB461,15,2316 3. The judge or juvenile court commissioner shall make the findings specified
17in subds. 1. and 2. on a case-by-case basis based on circumstances specific to the
18child and shall document or reference the specific information on which those
19findings are based in the consent decree. A consent decree that merely references
20subd. 1. or 2. without documenting or referencing that specific information in the
21consent decree or an amended consent decree that retroactively corrects an earlier
22consent decree that does not comply with this subdivision is not sufficient to comply
23with this subdivision.
SB461, s. 14 24Section 14. 48.32 (1) (c) of the statutes is created to read:
SB461,16,7
148.32 (1) (c) 1. If the judge or juvenile court commissioner finds that any of the
2circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
3the judge or juvenile court commissioner shall hold a hearing within 30 days after
4the date of that finding to determine the permanency plan for the child. If a hearing
5is held under this subdivision, the agency responsible for preparing the permanency
6plan shall file the permanency plan with the court not less than 5 days before the date
7of the hearing.
SB461,16,128 2. If a hearing is held under subd. 1., at least 10 days before the date of the
9hearing the court shall notify the child, any parent, guardian, and legal custodian
10of the child, and any foster parent, treatment foster parent, or other physical
11custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the
12hearing.
SB461,16,2313 3. The court shall give a foster parent, treatment foster parent, or other
14physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
152. an opportunity to be heard at the hearing by permitting the foster parent,
16treatment foster parent, or other physical custodian to make a written or oral
17statement during the hearing, or to submit a written statement prior to the hearing,
18relevant to the issues to be determined at the hearing. Any written or oral statement
19made under this subdivision shall be made upon oath or affirmation. A foster parent,
20treatment foster parent, or other physical custodian who receives a notice of a
21hearing under subd. 2. and an opportunity to be heard under this subdivision does
22not become a party to the proceeding on which the hearing is held solely on the basis
23of receiving that notice and opportunity to be heard.
SB461, s. 15 24Section 15. 48.33 (4) (intro.) of the statutes is amended to read:
SB461,17,5
148.33 (4) Other out-of-home placements. (intro.) A report recommending
2placement of an adult expectant mother outside of her home shall be in writing. A
3report recommending placement of a child in a foster home, treatment foster home,
4group home, or child caring institution or in the home of a relative other than a
5parent
shall be in writing and shall include all of the following:
SB461, s. 16 6Section 16. 48.33 (4) (c) of the statutes is created to read:
SB461,17,177 48.33 (4) (c) Specific information showing that continued placement of the child
8in his or her home would be contrary to the welfare of the child, specific information
9showing that the county department, the department, in a county having a
10population of 500,000 or more, or the agency primarily responsible for providing
11services to the child has made reasonable efforts to prevent the removal of the child
12from the home, while assuring that the child's health and safety are the paramount
13concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5.
14applies, and specific information showing that the county department, department,
15or agency has made reasonable efforts to achieve the goal of the child's permanency
16plan, unless return of the child to the home is the goal of the permanency plan and
17any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.
SB461, s. 17 18Section 17. 48.335 (3g) of the statutes is created to read:
SB461,18,819 48.335 (3g) At hearings under this section, if the agency, as defined in s. 48.38
20(1) (a), is recommending placement of the child in a foster home, treatment foster
21home, group home, or child caring institution or in the home of a relative other than
22a parent, the agency shall present as evidence specific information showing that
23continued placement of the child in his or her home would be contrary to the welfare
24of the child, specific information showing that the county department, the
25department, in a county having a population of 500,000 or more, or the agency

1primarily responsible for providing services to the child has made reasonable efforts
2to prevent the removal of the child from the home, while assuring that the child's
3health and safety are the paramount concerns, unless any of the circumstances
4specified in s. 48.355 (2d) (b) 1. to 5. applies, and specific information showing that
5the county department, department, or agency has made reasonable efforts to
6achieve the goal of the child's permanency plan, unless return of the child to the home
7is the goal of the permanency plan and any of the circumstances specified in s. 48.355
8(2d) (b) 1. to 5. applies.
SB461, s. 18 9Section 18. 48.355 (2) (b) 6. of the statutes is amended to read:
SB461,19,410 48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued
11placement of the child in his or her home would be contrary to the health, safety and
12welfare of the child and, if sub. (2d) does not apply, a finding as to whether the county
13department, the department, in a county having a population of 500,000 or more, or
14the agency primarily responsible for providing services under a court order has made
15reasonable efforts to prevent the removal of the child from the home, while assuring
16that the child's health and safety are the paramount concerns, or, if applicable,
17unless the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5.
18applies, and
a finding as to whether the county department, department, or agency
19primarily responsible for providing services under a court order has made reasonable
20efforts to make it possible for the child to return safely to his or her home achieve the
21goal of the child's permanency plan, unless return of the child to the home is the goal
22of the permanency plan and the court finds that any of the circumstances specified
23in sub. (2d) (b) 1. to 5. applies. The court shall make the findings specified in this
24subdivision on a case-by-case basis based on circumstances specific to the child and
25shall document or reference the specific information on which those findings are

1based in the court order. A court order that merely references this subdivision
2without documenting or referencing that specific information in the court order or
3an amended court order that retroactively corrects an earlier court order that does
4not comply with this subdivision is not sufficient to comply with this subdivision
.
SB461, s. 19 5Section 19. 48.355 (2) (b) 6r. of the statutes is created to read:
SB461,19,116 48.355 (2) (b) 6r. If the court finds that any of the circumstances specified in
7sub. (2d) (b) 1. to 5. applies with respect to a parent, a determination that the county
8department, department, in a county having a population of 500,000 or more, or
9agency primarily responsible for providing services under the court order is not
10required to make reasonable efforts with respect to the parent to make it possible for
11the child to return safely to his or her home.
SB461, s. 20 12Section 20. 48.355 (2b) of the statutes is amended to read:
SB461,19,2213 48.355 (2b) Concurrent reasonable efforts permitted. A county
14department, the department, in a county having a population of 500,000 or more, or
15the agency primarily responsible for providing services to a child under a court order
16may, at the same time as the county department, department, or agency is making
17the reasonable efforts required under sub. (2) (b) 6. to prevent the removal of the child
18from the home or to make it possible for the child to return safely to his or her home
,
19work with the department, a county department under s. 48.57 (1) (e) or (hm), or a
20child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place
21the child for adoption, with a guardian, with a fit and willing relative, or in some
22other alternative permanent placement.
SB461, s. 21 23Section 21. 48.355 (2c) (b) of the statutes is amended to read:
SB461,20,724 48.355 (2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether
25the county department, department, in a county having a population of 500,000 or

1more, or
agency primarily responsible for providing services to the child under a
2court order has made reasonable efforts to make it possible for the child to return
3safely to his or her home
achieve the goal of the permanency plan, the court's
4consideration of reasonable efforts shall include, but not be limited to, the
5considerations listed under par. (a) 1. to 5. and whether visitation schedules between
6the child and his or her parents were implemented, unless visitation was denied or
7limited by the court.
SB461, s. 22 8Section 22. 48.355 (2d) (b) (intro.) of the statutes is amended to read:
SB461,20,209 48.355 (2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the court need not is not
10required to
include in a dispositional order a finding as to whether the county
11department, the department, in a county having a population of 500,000 or more, or
12the agency primarily responsible for providing services under a court order has made
13reasonable efforts with respect to a parent of a child to prevent the removal of the
14child from the home, while assuring that the child's health and safety are the
15paramount concerns, or, if applicable, a finding as to whether the county department,
16department, or
agency primarily responsible for providing services under a court
17order
has made reasonable efforts with respect to a parent of a child to make it
18possible for the child to return
achieve the permanency plan goal of returning the
19child
safely to his or her home, if the court finds, as evidenced by a final judgment
20of conviction,
any of the following:
SB461, s. 23 21Section 23. 48.355 (2d) (b) 1. of the statutes is amended to read:
SB461,20,2322 48.355 (2d) (b) 1. That the parent has subjected the child to aggravated
23circumstances, as evidenced by a final judgment of conviction.
SB461, s. 24 24Section 24. 48.355 (2d) (b) 2. of the statutes is amended to read:
SB461,21,6
148.355 (2d) (b) 2. That the parent has committed, has aided or abetted the
2commission of, or has solicited, conspired, or attempted to commit, a violation of s.
3940.01, 940.02, 940.03, or 940.05 or a violation of the law of any other state or federal
4law, if that violation would be a violation of s. 940.01, 940.02, 940.03, or 940.05 if
5committed in this state, as evidenced by a final judgment of conviction, and that the
6victim of that violation is a child of the parent.
SB461, s. 25 7Section 25. 48.355 (2d) (b) 3. of the statutes is amended to read:
SB461,21,158 48.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (2), (3),
9(4), or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.03 (2) (a) or (3) (a) or
10a violation of the law of any other state or federal law, if that violation would be a
11violation of s. 940.19 (2), (3), (4), or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025,
12or 948.03 (2) (a) or (3) (a) if committed in this state, as evidenced by a final judgment
13of conviction,
and that the violation resulted in great bodily harm, as defined in s.
14939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child
15or another child of the parent.
SB461, s. 26 16Section 26. 48.355 (2d) (b) 4. of the statutes is amended to read:
SB461,21,1917 48.355 (2d) (b) 4. That the parental rights of the parent to another child have
18been involuntarily terminated, as evidenced by a final order of a court of competent
19jurisdiction terminating those parental rights
.
SB461, s. 27 20Section 27. 48.355 (2d) (b) 5. of the statutes, as created by 2001 Wisconsin Act
212
, is amended to read:
SB461,21,2522 48.355 (2d) (b) 5. That the parent has been found under s. 48.13 (2m) to have
23relinquished custody of the child under s. 48.195 (1) when the child was 72 hours old
24or younger, as evidenced by a final order of a court of competent jurisdiction making
25that finding
.
SB461, s. 28
1Section 28. 48.355 (2d) (bm) of the statutes is created to read:
SB461,22,92 48.355 (2d) (bm) The court shall make a finding specified in par. (b) 1. to 5. on
3a case-by-case basis based on circumstances specific to the child and shall document
4or reference the specific information on which that finding is based in the
5dispositional order. A dispositional order that merely references par. (b) 1. to 5.
6without documenting or referencing that specific information in the dispositional
7order or an amended dispositional order that retroactively corrects an earlier
8dispositional order that does not comply with this paragraph is not sufficient to
9comply with this paragraph.
SB461, s. 29 10Section 29. 48.355 (2d) (c) of the statutes, as affected by 2001 Wisconsin Act
112
, is renumbered 48.355 (2d) (c) 1. and amended to read:
SB461,22,1812 48.355 (2d) (c) 1. If the court makes a finding finds that any of the
13circumstances
specified in par. (b) 1., 2., 3., 4., or 5. to 5. applies with respect to a
14parent
, the court shall hold a hearing within 30 days after the date of that finding
15to determine the permanency plan for the child. If a hearing is held under this
16paragraph subdivision, the agency responsible for preparing the permanency plan
17shall file the permanency plan with the court not less than 5 days before the date of
18the hearing.
SB461, s. 30 19Section 30. 48.355 (2d) (c) 2. and 3. of the statutes are created to read:
SB461,22,2420 48.355 (2d) (c) 2. If a hearing is held under subd. 1., at least 10 days before the
21date of the hearing the court shall notify the child, any parent, guardian, and legal
22custodian of the child, and any foster parent, treatment foster parent, or other
23physical custodian described in s. 48.62 (2) of the child of the time, place, and purpose
24of the hearing.
SB461,23,11
13. The court shall give a foster parent, treatment foster parent, or other
2physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
32. an opportunity to be heard at the hearing by permitting the foster parent,
4treatment foster parent, or other physical custodian to make a written or oral
5statement during the hearing, or to submit a written statement prior to the hearing,
6relevant to the issues to be determined at the hearing. Any written or oral statement
7made under this subdivision shall be made upon oath or affirmation. A foster parent,
8treatment foster parent, or other physical custodian who receives a notice of a
9hearing under subd. 2. and an opportunity to be heard under this subdivision does
10not become a party to the proceeding on which the hearing is held solely on the basis
11of receiving that notice and opportunity to be heard.
SB461, s. 31 12Section 31. 48.355 (4) of the statutes is amended to read:
SB461,24,813 48.355 (4) Termination of orders. Except as provided under s. 48.368, all
14orders
an order under this section shall terminate at the end of one year unless the
15judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or
16revisions
or s. 48.357 or 48.365 made before the child reaches 18 years of age that
17places or continues the placement of the child in his or her home
shall terminate at
18the end of one year after its entry unless the judge specifies a shorter period of time.
19Any order made before the child reaches the age of majority or
or the judge
20terminates the order sooner. Except as provided under s. 48.368, an order under this
21section or s. 48.357 or 48.365 made before the child reaches 18 years of age that places
22or continues the placement of the child in a foster home, treatment foster home,
23group home, or residential treatment center or in the home of a relative other than
24a parent shall terminate when the child reaches 18 years of age, at the end of one year
25after its entry, or, if the child is a full-time student at a secondary school or its

1vocational or technical equivalent and is reasonably expected to complete the
2program before reaching 19 years of age, when the child reaches 19 years of age,
3whichever is later, unless the judge specifies a shorter period of time or the judge
4terminates the order sooner. An order under this section or s. 48.357 or 48.365
5relating to an unborn child in need of protection or services that is made
before the
6unborn child is born shall be effective for a time up to terminate at the end of one year
7after its entry unless the judge specifies a shorter period of time or the judge
8terminates the order sooner
.
SB461, s. 32 9Section 32. 48.357 (1) of the statutes is renumbered 48.357 (1) (a) and
10amended to read:
SB461,24,1511 48.357 (1) (a) The person or agency primarily responsible for implementing the
12dispositional order, the district attorney, or the corporation counsel may request a
13change in the placement of the child or expectant mother, whether or not the change
14requested is authorized in the dispositional order and , as provided in par. (b) or (c),
15whichever is applicable.
SB461,25,4 16(b) 1. If the proposed change in placement involves any change in placement
17other than a change in placement specified in par. (c), the person or agency primarily
18responsible for implementing the dispositional order, the district attorney, or the
19corporation counsel
shall cause written notice of the proposed change in placement
20to be sent to the child, the parent, guardian, and legal custodian of the child, any
21foster parent, treatment foster parent, or other physical custodian described in s.
2248.62 (2) of the child, the child's court-appointed special advocate , and, if the child
23is the expectant mother of an unborn child under s. 48.133, the unborn child by the
24unborn child's guardian ad litem. If the expectant mother is an adult, written notice
25shall be sent to the adult expectant mother and the unborn child by the unborn child's

1guardian ad litem. The notice shall contain the name and address of the new
2placement, the reasons for the change in placement, a statement describing why the
3new placement is preferable to the present placement, and a statement of how the
4new placement satisfies objectives of the treatment plan ordered by the court.
SB461,25,19 52. Any person receiving the notice under this subsection subd. 1. or notice of
6a specific placement under s. 48.355 (2) (b) 2., other than a court-appointed special
7advocate, may obtain a hearing on the matter by filing an objection with the court
8within 10 days after receipt of the notice. Placements may not be changed until 10
9days after that notice is sent to the court unless the parent, guardian , or legal
10custodian and the child, if 12 years of age or over, or the child expectant mother, if
1112 years of age or over, her parent, guardian, or legal custodian and the unborn child
12by the unborn child's guardian ad litem, or the adult expectant mother and the
13unborn child by the unborn child's guardian ad litem, sign written waivers of
14objection, except that placement changes which changes in placement that were
15authorized in the dispositional order may be made immediately if notice is given as
16required in this subsection under subd. 1. In addition, a hearing is not required for
17placement changes authorized in the dispositional order except when an objection
18filed by a person who received notice alleges that new information is available which
19that affects the advisability of the court's dispositional order.
SB461, s. 33 20Section 33. 48.357 (1) (b) 3. of the statutes is created to read:
SB461,25,2321 48.357 (1) (b) 3. If the court changes the child's placement from a placement
22outside the home to another placement outside the home, the change in placement
23order shall contain one of the statements specified in sub. (2v) (a) 2.
SB461, s. 34 24Section 34. 48.357 (1) (c) of the statutes is created to read:
SB461,26,15
148.357 (1) (c) 1. If the proposed change in placement would change the
2placement of a child placed in the home to a placement outside the home, the person
3or agency primarily responsible for implementing the dispositional order, the district
4attorney, or the corporation counsel shall submit a request for the change in
5placement to the court. The request shall contain the name and address of the new
6placement, the reasons for the change in placement, a statement describing why the
7new placement is preferable to the present placement, and a statement of how the
8new placement satisfies objectives of the treatment plan ordered by the court. The
9request shall also contain specific information showing that continued placement of
10the child in his or her home would be contrary to the welfare of the child and, unless
11any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, specific
12information showing that the agency primarily responsible for implementing the
13dispositional order has made reasonable efforts to prevent the removal of the child
14from the home, while assuring that the child's health and safety are the paramount
15concerns.
SB461,26,2216 2. The court shall hold a hearing prior to ordering any change in placement
17requested under subd. 1. Not less than 3 days prior to the hearing, the court shall
18provide notice of the hearing, together with a copy of the request for the change in
19placement, to the child, the parent, guardian, and legal custodian of the child, the
20child's court-appointed special advocate, and all parties that are bound by the
21dispositional order. If all parties consent, the court may proceed immediately with
22the hearing.
SB461,27,323 3. If the court changes the child's placement from a placement in the child's
24home to a placement outside the child's home, the change in placement order shall
25contain the findings specified in sub. (2v) (a) 1., one of the statements specified in sub.

1(2v) (a) 2., and, if in addition the court finds that any of the circumstances specified
2in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination
3specified in sub. (2v) (a) 3.
SB461, s. 35 4Section 35. 48.357 (2) of the statutes is amended to read:
SB461,27,145 48.357 (2) If emergency conditions necessitate an immediate change in the
6placement of a child or expectant mother placed outside the home, the person or
7agency primarily responsible for implementing the dispositional order may remove
8the child or expectant mother to a new placement, whether or not authorized by the
9existing dispositional order, without the prior notice provided in sub. (1) (b) 1. The
10notice shall, however, be sent within 48 hours after the emergency change in
11placement. Any party receiving notice may demand a hearing under sub. (1) (b) 2.
12In emergency situations, a child may be placed in a licensed public or private shelter
13care facility as a transitional placement for not more than 20 days, as well as in any
14placement authorized under s. 48.345 (3).
SB461, s. 36 15Section 36. 48.357 (2m) of the statutes is renumbered 48.357 (2m) (a) and
16amended to read:
SB461,28,817 48.357 (2m) (a) The child, the parent, guardian, or legal custodian of the child,
18the expectant mother, the unborn child by the unborn child's guardian at litem, or
19any person or agency primarily bound by the dispositional order, other than the
20person or agency responsible for implementing the order, may request a change in
21placement under this subsection paragraph. The request shall contain the name and
22address of the place of the new placement requested and shall state what new
23information is available which that affects the advisability of the current placement.
24If the proposed change in placement would change the placement of a child placed
25in the home to a placement outside the home, the request shall also contain specific

1information showing that continued placement of the child in the home would be
2contrary to the welfare of the child and, unless any of the circumstances specified in
3s. 48.355 (2d) (b) 1. to 5. applies, specific information showing that the agency
4primarily responsible for implementing the dispositional order has made reasonable
5efforts to prevent the removal of the child from the home, while assuring that the
6child's health and safety are the paramount concerns.
This request shall be
7submitted to the court. In addition, the court may propose a change in placement on
8its own motion.
SB461,29,2 9(b) The court shall hold a hearing on the matter prior to ordering any change
10in placement under this subsection requested or proposed under par. (a) if the
11request states that new information is available which that affects the advisability
12of the current placement, unless the requested or proposed change in placement
13involves any change in placement other than a change in placement of a child placed
14in the home to a placement outside the home and
written waivers of objection to the
15proposed change in placement are signed by all persons entitled to receive notice
16under sub. (1) (b) 1., other than a court-appointed special advocate, and the court
17approves. If a hearing is scheduled, the court shall notify the child, the parent,
18guardian, and legal custodian of the child, any foster parent, treatment foster parent,
19or other physical custodian described in s. 48.62 (2) of the child, the child's
20court-appointed special advocate, all parties who are bound by the dispositional
21order and, if the child is the expectant mother of an unborn child under s. 48.133, the
22unborn child by the unborn child's guardian ad litem, or shall notify the adult
23expectant mother, the unborn child by the unborn child's guardian ad litem and all
24parties who are bound by the dispositional order, at least 3 days prior to the hearing.
25A copy of the request or proposal for the change in placement shall be attached to the

1notice. If all the parties consent, the court may proceed immediately with the
2hearing.
SB461, s. 37 3Section 37. 48.357 (2m) (c) of the statutes is created to read:
SB461,29,94 48.357 (2m) (c) If the court changes the child's placement from a placement in
5the child's home to a placement outside the child's home, the change in placement
6order shall contain the findings specified in sub. (2v) (a) 1., one of the statements
7specified in sub. (2v) (a) 2., and, if in addition the court finds that any of the
8circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
9the determination specified in sub. (2v) (a) 3.
SB461, s. 38 10Section 38. 48.357 (2r) of the statutes is amended to read:
SB461,29,2411 48.357 (2r) If a hearing is held under sub. (1) (b) 2. or (2m) (b) and the change
12in placement would remove a child from a foster home, treatment foster home, or
13other placement with a physical custodian described in s. 48.62 (2), the court shall
14give the foster parent, treatment foster parent, or other physical custodian described
15in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster
16parent, treatment foster parent, or other physical custodian to make a written or oral
17statement during the hearing or to submit a written statement prior to the hearing
18relating to the child and the requested change in placement. Any written or oral
19statement made under this subsection shall be made under oath or affirmation. A
20foster parent, treatment foster parent, or other physical custodian described in s.
2148.62 (2) who receives notice of a hearing under sub. (1) (b) 1. or (2m) (b) and an
22opportunity to be heard under this subsection does not become a party to the
23proceeding on which the hearing is held solely on the basis of receiving that notice
24and opportunity to be heard.
SB461, s. 39
1Section 39. 48.357 (2v) of the statutes, as created by 2001 Wisconsin Act 16,
2is renumbered 48.357 (2v) (a) 2. and amended to read:
SB461,30,153 48.357 (2v) (a) 2. If a hearing is held under sub. (1) or (2m) and the change in
4placement would place the child outside the home in a placement order would change
5the placement of the child to a placement outside the home
recommended by the
6person or agency primarily responsible for implementing the dispositional order, the
7change in placement order shall include
whether from a placement in the home or
8from another placement outside the home,
a statement that the court approves the
9placement recommended by that person or agency or, if the child is placed outside the
10home in a placement other than
change in placement order would change the
11placement of the child to a placement outside the home that is not
a placement
12recommended by that person or agency, whether from a placement in the home or
13from another placement outside the home,
a statement that the court has given bona
14fide consideration to the recommendations made by that person or agency and all
15parties relating to the child's placement.
SB461, s. 40 16Section 40. 48.357 (2v) (a) (intro.) of the statutes is created to read:
SB461,30,1817 48.357 (2v) (a) (intro.) A change in placement order under sub. (1) or (2m) shall
18contain all of the following:
SB461, s. 41 19Section 41. 48.357 (2v) (a) 1. of the statutes is created to read:
SB461,31,220 48.357 (2v) (a) 1. If the change in placement order changes the child's
21placement from a placement in the child's home to a placement outside the child's
22home, a finding that continued placement of the child in his or her home would be
23contrary to the welfare of the child and, unless a circumstance specified in s. 48.355
24(2d) (b) 1. to 5. applies, a finding that the agency primarily responsible for
25implementing the dispositional order has made reasonable efforts to prevent the

1removal of the child from the home, while assuring that the child's health and safety
2are the paramount concerns.
SB461, s. 42 3Section 42. 48.357 (2v) (a) 3. of the statutes is created to read:
SB461,31,84 48.357 (2v) (a) 3. If the court finds that any of the circumstances specified in
5s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, a determination that the
6agency primarily responsible for providing services under the change in placement
7order is not required to make reasonable efforts with respect to the parent to make
8it possible for the child to return safely to his or her home.
SB461, s. 43 9Section 43. 48.357 (2v) (b) of the statutes is created to read:
SB461,31,1710 48.357 (2v) (b) The court shall make the findings specified in par. (a) 1. and 3.
11on a case-by-case basis based on circumstances specific to the child and shall
12document or reference the specific information on which those findings are based in
13the change in placement order. A change in placement order that merely references
14par. (a) 1. or 3. without documenting or referencing that specific information in the
15change in placement order or an amended change in placement order that
16retroactively corrects an earlier change in placement order that does not comply with
17this paragraph is not sufficient to comply with this paragraph.
SB461, s. 44 18Section 44. 48.357 (2v) (c) of the statutes is created to read:
SB461,31,2419 48.357 (2v) (c) 1. If the court finds under par. (a) 3. that any of the
20circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
21the court shall hold a hearing within 30 days after the date of that finding to
22determine the permanency plan for the child. If a hearing is held under this
23subdivision, the agency responsible for preparing the permanency plan shall file the
24permanency plan with the court not less than 5 days before the date of the hearing.
SB461,32,5
12. If a hearing is held under subd. 1., at least 10 days before the date of the
2hearing the court shall notify the child, any parent, guardian, and legal custodian
3of the child, and any foster parent, treatment foster parent, or other physical
4custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the
5hearing.
SB461,32,166 3. The court shall give a foster parent, treatment foster parent, or other
7physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
82. an opportunity to be heard at the hearing by permitting the foster parent,
9treatment foster parent, or other physical custodian to make a written or oral
10statement during the hearing, or to submit a written statement prior to the hearing,
11relevant to the issues to be determined at the hearing. Any written or oral statement
12made under this subdivision shall be made upon oath or affirmation. A foster parent,
13treatment foster parent, or other physical custodian who receives a notice of a
14hearing under subd. 2. and an opportunity to be heard under this subdivision does
15not become a party to the proceeding on which the hearing is held solely on the basis
16of receiving that notice and opportunity to be heard.
SB461, s. 45 17Section 45. 48.357 (6) of the statutes is amended to read:
SB461,33,618 48.357 (6) No change in placement may extend the expiration date of the
19original order, except that if the change in placement is from a placement in the
20child's home to a placement outside the home the court may extend the expiration
21date of the original order to the date on which the child reaches 18 years of age, to
22the date that is one year after the date of the change in placement order, or, if the child
23is a full-time student at a secondary school or its vocational or technical equivalent
24and is reasonably expected to complete the program before reaching 19 years of age,
25to the date on which the child reaches 19 years of age, whichever is later, or for a

1shorter period of time as specified by the court. If the change in placement is from
2a placement outside the home to a placement in the child's home and if the expiration
3date of the original order is more than one year after the date of the change in
4placement order, the court shall shorten the expiration date of the original order to
5the date that is one year after the date of the change in placement order or to an
6earlier date as specified by the court
.
SB461, s. 46 7Section 46. 48.365 (1) of the statutes is amended to read:
SB461,33,118 48.365 (1) In this section, a child is considered to have been placed outside of
9his or her home on the date on which the court first found that the child has been
10subjected to abuse or neglect or on the date that is 60 days after the date on which

11the child was first removed from his or her home, whichever is earlier.
SB461, s. 47 12Section 47. 48.365 (2g) (b) 2. of the statutes is amended to read:
SB461,33,2213 48.365 (2g) (b) 2. An evaluation of the child's adjustment to the placement and
14of any progress the child has made, suggestions for amendment of the permanency
15plan, a description of efforts to return the child safely to his or her home and specific
16information showing the efforts that have been made to achieve the goal of the
17permanency plan
, including, if applicable, the efforts of the parents to remedy the
18factors which that contributed to the child's placement and, if continued placement
19outside of the child's home is recommended, an explanation of why returning the
20child to his or her home is not safe or feasible
, unless return of the child to the home
21is the goal of the permanency plan and any of the circumstances specified in s. 48.355
22(2d) (b) 1. to 5. applies
.
SB461, s. 48 23Section 48. 48.365 (2g) (b) 3. of the statutes is amended to read:
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