SB461,35,2416 48.365 (2m) (a) 3. The judge shall make the findings specified in subd. 1.
17relating to reasonable efforts to achieve the goal of the child's permanency plan and
18the findings specified in subd. 2. on a case-by-case basis based on circumstances
19specific to the child and shall document or reference the specific information on
20which those findings are based in the order issued under s. 48.355. An order that
21merely references subd. 1. or 2. without documenting or referencing that specific
22information in the order or an amended order that retroactively corrects an earlier
23order that does not comply with this subdivision is not sufficient to comply with this
24subdivision.
SB461, s. 52 25Section 52. 48.365 (2m) (ad) of the statutes is created to read:
SB461,36,6
148.365 (2m) (ad) 1. If the judge finds that any of the circumstances specified
2in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge shall hold a
3hearing within 30 days after the date of that finding to determine the permanency
4plan for the child. If a hearing is held under this subdivision, the agency responsible
5for preparing the permanency plan shall file the permanency plan with the court not
6less than 5 days before the date of the hearing.
SB461,36,117 2. If a hearing is held under subd. 1., at least 10 days before the date of the
8hearing the court shall notify the child, any parent, guardian, and legal custodian
9of the child, and any foster parent, treatment foster parent, or other physical
10custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the
11hearing.
SB461, s. 53 12Section 53. 48.365 (2m) (ag) of the statutes is amended to read:
SB461,36,2413 48.365 (2m) (ag) In addition to any evidence presented under par. (a), the The
14court shall give a foster parent, treatment foster parent, or other physical custodian
15described in s. 48.62 (2) of the child who is notified of a hearing under par. (ad) 2. or
16sub. (2)
an opportunity to be heard at the hearing by permitting the foster parent,
17treatment foster parent, or other physical custodian to make a written or oral
18statement during the hearing, or to submit a written statement prior to the hearing,
19relevant to the issue of extension. Any written or oral statement made under this
20paragraph shall be made under oath or affirmation. A foster parent, treatment foster
21parent, or other physical custodian described in s. 48.62 (2) who receives notice of a
22hearing under par. (ad) 2. or sub. (2) and an opportunity to be heard under this
23paragraph does not become a party to the proceeding on which the hearing is held
24solely on the basis of receiving that notice and opportunity to be heard.
SB461, s. 54 25Section 54. 48.365 (5) of the statutes is amended to read:
SB461,37,10
148.365 (5) Except as provided in s. 48.368, all orders an order under this section
2that continues the placement of a child in his or her home or that relates to an unborn
3child of an adult expectant mother
shall be for a specified length of time not to exceed
4one year after its date of entry. Except as provided in s. 48.368, an order under this
5section that continues the placement of a child in an out-of-home placement shall
6be for a specified length of time not to exceed the date on which the child reaches 18
7years of age, one year after the date of entry of the order, or, if the child is a full-time
8student at a secondary school or its vocational or technical equivalent and is
9reasonably expected to complete the program before reaching 19 years of age, the
10date on which the child reaches 19 years of age, whichever is later
.
SB461, s. 55 11Section 55. 48.38 (2) (intro.) of the statutes is amended to read:
SB461,37,1812 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3),
13for each child living in a foster home, treatment foster home, group home,
14child-caring institution, secure detention facility, or shelter care facility or in the
15home of a relative other than a parent
, the agency that placed the child or arranged
16the placement or the agency assigned primary responsibility for providing services
17to the child under s. 48.355 shall prepare a written permanency plan, if one any of
18the following conditions exists:
SB461, s. 56 19Section 56. 48.38 (2) (c) of the statutes is amended to read:
SB461,37,2220 48.38 (2) (c) The child is under the supervision of an agency under s. 48.64 (2)
21or pursuant to, under a consent decree under s. 48.32 (1) (b), or under a court order
22under s. 48.355.
SB461, s. 57 23Section 57. 48.38 (2) (f) of the statutes is amended to read:
SB461,37,2524 48.38 (2) (f) The child's care is paid would be paid for under s. 49.19 but for s.
2549.19 (20)
.
SB461, s. 58
1Section 58. 48.38 (3) of the statutes is amended to read:
SB461,38,82 48.38 (3) Time. Subject to s. 48.355 (2d) (c) 1., the agency shall file the
3permanency plan with the court within 60 days after the date on which the child was
4first held in physical custody or placed outside of his or her home under a court order
5removed from his or her home, except that if the child is held for less than 60 days
6in a secure detention facility, juvenile portion of a county jail, or a shelter care facility,
7no permanency plan is required if the child is returned to his or her home within that
8period.
SB461, s. 59 9Section 59. 48.38 (4) (intro.) of the statutes is amended to read:
SB461,38,1110 48.38 (4) Contents of plan. (intro.) The permanency plan shall include a
11description of
all of the following:
SB461, s. 60 12Section 60. 48.38 (4) (a) of the statutes, as affected by 2001 Wisconsin Act 2,
13is renumbered 48.38 (4) (ar) and amended to read:
SB461,38,2314 48.38 (4) (ar) The A description of the services offered and any service services
15provided in an effort to prevent holding or placing the child outside of the removal
16of the child from
his or her home, while assuring that the health and safety of the
17child are the paramount concerns, and to make it possible for the child to return
18safely home
achieve the goal of the permanency plan, except that the permanency
19plan need not is not required to include a description of those the services offered or
20provided with respect to a parent of the child to prevent the removal of the child from
21the home or to achieve the permanency plan goal of returning the child safely to his
22or her home
if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3., 4., or
23to 5. apply applies to that parent.
SB461, s. 61 24Section 61. 48.38 (4) (ag) of the statutes is created to read:
SB461,39,2
148.38 (4) (ag) The name, address, and telephone number of the child's parent,
2guardian, and legal custodian.
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:
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