SB461: Bill Text

SB461,28,8 48.357 (2m) (a) The child, the parent, guardian, or legal custodian of the child, the expectant mother, the unborn child by the unborn child's guardian at litem, or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection paragraph. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which that affects the advisability of the current placement. If the proposed change in placement would change the placement of a child placed in the home to a placement outside the home, the request shall also contain specific information showing that continued placement of the child in the home would be contrary to the welfare of the child and, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, specific information showing that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns. This request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion.

SB461,29,2 (b) The court shall hold a hearing on the matter prior to ordering any change in placement under this subsection requested or proposed under par. (a) if the request states that new information is available which that affects the advisability of the current placement, unless the requested or proposed change in placement involves any change in placement other than a change in placement of a child placed in the home to a placement outside the home and written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under sub. (1) (b) 1., other than a court-appointed special advocate, and the court approves. If a hearing is scheduled, the court shall notify the child, the parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties who are bound by the dispositional order and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify the adult expectant mother, the unborn child by the unborn child's guardian ad litem and all parties who are bound by the dispositional order, at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all the parties consent, the court may proceed immediately with the hearing.

SB461, s. 37 Section 37. 48.357 (2m) (c) of the statutes is created to read:

SB461,29,9 48.357 (2m) (c) If the court changes the child's placement from a placement in the child's home to a placement outside the child's home, the change in placement order shall contain the findings specified in sub. (2v) (a) 1., one of the statements specified in sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination specified in sub. (2v) (a) 3.

SB461, s. 38 Section 38. 48.357 (2r) of the statutes is amended to read:

SB461,29,24 48.357 (2r) If a hearing is held under sub. (1) (b) 2. or (2m) (b) and the change in placement would remove a child from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the child and the requested change in placement. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (b) 1. or (2m) (b) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

SB461, s. 39 Section 39. 48.357 (2v) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 48.357 (2v) (a) 2. and amended to read:

SB461,30,15 48.357 (2v) (a) 2. If a hearing is held under sub. (1) or (2m) and the change in placement would place the child outside the home in a placement order would change the placement of the child to a placement outside the home recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include whether from a placement in the home or from another placement outside the home, a statement that the court approves the placement recommended by that person or agency or, if the child is placed outside the home in a placement other than change in placement order would change the placement of the child to a placement outside the home that is not a placement recommended by that person or agency, whether from a placement in the home or from another placement outside the home, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the child's placement.

SB461, s. 40 Section 40. 48.357 (2v) (a) (intro.) of the statutes is created to read:

SB461,30,18 48.357 (2v) (a) (intro.) A change in placement order under sub. (1) or (2m) shall contain all of the following:

SB461, s. 41 Section 41. 48.357 (2v) (a) 1. of the statutes is created to read:

SB461,31,2 48.357 (2v) (a) 1. If the change in placement order changes the child's placement from a placement in the child's home to a placement outside the child's home, a finding that continued placement of the child in his or her home would be contrary to the welfare of the child and, unless a circumstance specified in s. 48.355 (2d) (b) 1. to 5. applies, a finding that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns.

SB461, s. 42 Section 42. 48.357 (2v) (a) 3. of the statutes is created to read:

SB461,31,8 48.357 (2v) (a) 3. If the court finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, a determination that the agency primarily responsible for providing services under the change in placement order is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home.

SB461, s. 43 Section 43. 48.357 (2v) (b) of the statutes is created to read:

SB461,31,17 48.357 (2v) (b) The court shall make the findings specified in par. (a) 1. and 3. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the change in placement order. A change in placement order that merely references par. (a) 1. or 3. without documenting or referencing that specific information in the change in placement order or an amended change in placement order that retroactively corrects an earlier change in placement order that does not comply with this paragraph is not sufficient to comply with this paragraph.

SB461, s. 44 Section 44. 48.357 (2v) (c) of the statutes is created to read:

SB461,31,24 48.357 (2v) (c) 1. If the court finds under par. (a) 3. that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the child. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

SB461,32,5 2. If a hearing is held under subd. 1., at least 10 days before the date of the hearing the court shall notify the child, any parent, guardian, and legal custodian of the child, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the hearing.

SB461,32,16 3. The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. Any written or oral statement made under this subdivision shall be made upon oath or affirmation. A foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under subd. 2. and an opportunity to be heard under this subdivision 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, s. 45 Section 45. 48.357 (6) of the statutes is amended to read:

SB461,33,6 48.357 (6) No change in placement may extend the expiration date of the original order, except that if the change in placement is from a placement in the child's home to a placement outside the home the court may extend the expiration date of the original order to the date on which the child reaches 18 years of age, to the date that is one year after the date of the change in placement order, or, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, to the date on which the child reaches 19 years of age, whichever is later, or for a shorter period of time as specified by the court. If the change in placement is from a placement outside the home to a placement in the child's home and if the expiration date of the original order is more than one year after the date of the change in placement order, the court shall shorten the expiration date of the original order to the date that is one year after the date of the change in placement order or to an earlier date as specified by the court.

SB461, s. 46 Section 46. 48.365 (1) of the statutes is amended to read:

SB461,33,11 48.365 (1) In this section, a child is considered to have been placed outside of his or her home on the date on which the court first found that the child has been subjected to abuse or neglect or on the date that is 60 days after the date on which the child was first removed from his or her home, whichever is earlier.

SB461, s. 47 Section 47. 48.365 (2g) (b) 2. of the statutes is amended to read:

SB461,33,22 48.365 (2g) (b) 2. An evaluation of the child's adjustment to the placement and of any progress the child has made, suggestions for amendment of the permanency plan, a description of efforts to return the child safely to his or her home and specific information showing the efforts that have been made to achieve the goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors which that contributed to the child's placement and, if continued placement outside of the child's home is recommended, an explanation of why returning the child to his or her home is not safe or feasible, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

SB461, s. 48 Section 48. 48.365 (2g) (b) 3. of the statutes is amended to read:

SB461,34,16 48.365 (2g) (b) 3. If the child has been placed outside of his or her home for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or the first 6 months of any period during which the child was returned to his or her home for a trial home visit, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the child. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the child, and whether or not the child should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the child be registered with the adoption information exchange or report the reason why registering the child is contrary to the best interest of the child.

SB461, s. 49 Section 49. 48.365 (2m) (a) of the statutes is renumbered 48.365 (2m) (a) 1. and amended to read:

SB461,35,8 48.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the child is placed outside of his or her home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the agency has made reasonable efforts to achieve the goal of the child's permanency plan, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies. The judge shall make findings of fact and conclusions of law based on the evidence. Subject to s. 48.355 (2d), the The findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the child or expectant mother to make it possible for the child to return safely to his or her home or for the expectant mother to return to her home to achieve the goal of the child's permanency plan, unless return of the child to the home is the goal of the permanency plan and the judge finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies. An order shall be issued under s. 48.355.

SB461, s. 50 Section 50. 48.365 (2m) (a) 2. of the statutes is created to read:

SB461,35,14 48.365 (2m) (a) 2. If the judge finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the child is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home.

SB461, s. 51 Section 51. 48.365 (2m) (a) 3. of the statutes is created to read:

SB461,35,24 48.365 (2m) (a) 3. The judge shall make the findings specified in subd. 1. relating to reasonable efforts to achieve the goal of the child's permanency plan and the findings specified in subd. 2. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the order issued under s. 48.355. An order that merely references subd. 1. or 2. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.

SB461, s. 52 Section 52. 48.365 (2m) (ad) of the statutes is created to read:

SB461,36,6 48.365 (2m) (ad) 1. If the judge finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the child. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

SB461,36,11 2. If a hearing is held under subd. 1., at least 10 days before the date of the hearing the court shall notify the child, any parent, guardian, and legal custodian of the child, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the hearing.

SB461, s. 53 Section 53. 48.365 (2m) (ag) of the statutes is amended to read:

SB461,36,24 48.365 (2m) (ag) In addition to any evidence presented under par. (a), the The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child who is notified of a hearing under par. (ad) 2. or sub. (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. Any written or oral statement made under this paragraph shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under par. (ad) 2. or sub. (2) 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, s. 54 Section 54. 48.365 (5) of the statutes is amended to read:

SB461,37,10 48.365 (5) Except as provided in s. 48.368, all orders an order under this section that continues the placement of a child in his or her home or that relates to an unborn child of an adult expectant mother shall be for a specified length of time not to exceed one year after its date of entry. Except as provided in s. 48.368, an order under this section that continues the placement of a child in an out-of-home placement shall be for a specified length of time not to exceed the date on which the child reaches 18 years of age, one year after the date of entry of the order, or, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, the date on which the child reaches 19 years of age, whichever is later.

SB461, s. 55 Section 55. 48.38 (2) (intro.) of the statutes is amended to read:

SB461,37,18 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each child living in a foster home, treatment foster home, group home, child-caring institution, secure detention facility, or shelter care facility or in the home of a relative other than a parent, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 shall prepare a written permanency plan, if one any of the following conditions exists:

SB461, s. 56 Section 56. 48.38 (2) (c) of the statutes is amended to read:

SB461,37,22 48.38 (2) (c) The child is under the supervision of an agency under s. 48.64 (2) or pursuant to, under a consent decree under s. 48.32 (1) (b), or under a court order under s. 48.355.

SB461, s. 57 Section 57. 48.38 (2) (f) of the statutes is amended to read:

SB461,37,25 48.38 (2) (f) The child's care is paid would be paid for under s. 49.19 but for s. 49.19 (20).

SB461, s. 58 Section 58. 48.38 (3) of the statutes is amended to read:

SB461,38,8 48.38 (3) Time. Subject to s. 48.355 (2d) (c) 1., the agency shall file the permanency plan with the court within 60 days after the date on which the child was first held in physical custody or placed outside of his or her home under a court order removed from his or her home, except that if the child is held for less than 60 days in a secure detention facility, juvenile portion of a county jail, or a shelter care facility, no permanency plan is required if the child is returned to his or her home within that period.

SB461, s. 59 Section 59. 48.38 (4) (intro.) of the statutes is amended to read:

SB461,38,11 48.38 (4) Contents of plan. (intro.) The permanency plan shall include a description of all of the following:

SB461, s. 60 Section 60. 48.38 (4) (a) of the statutes, as affected by 2001 Wisconsin Act 2, is renumbered 48.38 (4) (ar) and amended to read:

SB461,38,23 48.38 (4) (ar) The A description of the services offered and any service services provided in an effort to prevent holding or placing the child outside of the removal of the child from his or her home, while assuring that the health and safety of the child are the paramount concerns, and to make it possible for the child 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 child to prevent the removal of the child from the home or to achieve the permanency plan goal of returning the child safely to his or her home if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3., 4., or to 5. apply applies to that parent.

SB461, s. 61 Section 61. 48.38 (4) (ag) of the statutes is created to read:

SB461,39,2 48.38 (4) (ag) The name, address, and telephone number of the child's parent, guardian, and legal custodian.

SB461, s. 62 Section 62. 48.38 (4) (am) of the statutes is created to read:

SB461,39,5 48.38 (4) (am) The date on which the child was removed from his or her home and the date on which the child was placed in out-of-home care.

SB461, s. 63 Section 63. 48.38 (4) (bm) of the statutes is amended to read:

SB461,39,10 48.38 (4) (bm) The A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the child and, if a decision is made not to place the child with an available relative, a statement as to why placement with the relative is not safe or appropriate.

SB461, s. 64 Section 64. 48.38 (4) (dg) of the statutes is created to read:

SB461,39,13 48.38 (4) (dg) Information about the child's education, including all of the following:

SB461,39,15 1. The name and address of the school in which the child is or was most recently enrolled.

SB461,39,17 2. Any special education programs in which the child is or was previously enrolled.

SB461,39,19 3. The grade level in which the child is or was most recently enrolled and all information that is available concerning the child's grade level performance.

SB461,39,22 4. A summary of all available education records relating to the child that are relevant to any education goals included in the education services plan prepared under s. 48.33 (1) (e).

SB461, s. 65 Section 65. 48.38 (4) (dm) of the statutes is created to read:

SB461,40,3 48.38 (4) (dm) If as a result of the placement the child has been or will be transferred from the school in which the child is or most recently was enrolled, documentation that a placement that would maintain the child in that school is either unavailable or inappropriate or that a placement that would result in the child's transfer to another school would be in the child's best interests.

SB461, s. 66 Section 66. 48.38 (4) (dr) of the statutes is created to read:

SB461,40,6 48.38 (4) (dr) Medical information relating to the child, including all of the following:

SB461,40,9 1. The names and addresses of the child's physician, dentist, and any other health care provider that is or was previously providing health care services to the child.

SB461,40,11 2. The child's immunization record, including the name and date of each immunization administered to the child.

SB461,40,14 3. Any known medical condition for which the child is receiving medical care or treatment and any known serious medical condition for which the child has previously received medical care or treatment.

SB461,40,17 4. The name, purpose, and dosage of any medication that is being administered to the child and the name of any medication that causes the child to suffer an allergic or other negative reaction.

SB461, s. 67 Section 67. 48.38 (4) (e) of the statutes is amended to read:

SB461,40,24 48.38 (4) (e) The A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of the child and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the child or, if available, why such services are not safe or appropriate.

SB461, s. 68 Section 68. 48.38 (4) (f) (intro.) of the statutes is amended to read:

SB461,41,5 48.38 (4) (f) (intro.) The A description of the services that will be provided to the child, the child's family, and the child's foster parent, the child's treatment foster parent or, the operator of the facility where the child is living, or the relative with whom the child is living to carry out the dispositional order, including services planned to accomplish all of the following:

SB461, s. 69 Section 69. 48.38 (4) (fg) of the statutes is created to read:

SB461,41,15 48.38 (4) (fg) The goal of the permanency plan or, if the agency is making concurrent reasonable efforts under s. 48.355 (2b), the goals of the permanency plan. If a goal of the permanency plan is any goal other than return of the child to his or her home, the permanency plan shall include the rationale for deciding on that goal. If a goal of the permanency plan is an alternative permanent placement under subd. 5., the permanency plan shall document a compelling reason why it would not be in the best interest of the child to pursue a goal specified in subds. 1. to 4. The agency shall determine one or more of the following goals to be the goal or goals of a child's permanency plan:

SB461,41,16 1. Return of the child to the child's home.

SB461,41,17 2. Placement of the child for adoption.

SB461,41,18 3. Placement of the child with a guardian.

SB461,41,19 4. Permanent placement of the child with a fit and willing relative.

SB461,41,21 5. Some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.

SB461, s. 70 Section 70. 48.38 (4) (fm) of the statutes is amended to read:

SB461,42,2 48.38 (4) (fm) If the goal of the permanency plan calls for placing is to place the child for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement, the efforts made to place the child for adoption, with a guardian or in some other alternative permanent placement achieve that goal.

SB461, s. 71 Section 71. 48.38 (4) (h) of the statutes is created to read:

SB461,42,7 48.38 (4) (h) If the child is 15 years of age or over, a description of the programs and services that are or will be provided to assist the child in preparing for the transition from out-of-home care to independent living. The description shall include all of the following:

SB461,42,9 1. The anticipated age at which the child will be discharged from out-of-home care.