AB856: Bill Text

The bill also requires a juvenile court, at the permanency plan determination hearing, to consider placing the child in a placement outside the state if the juvenile court determines that such a placement would be in the best interests of the child and appropriate to achieving the goal of the child's permanency plan. In addition, the bill requires a juvenile court or permanency plan review panel, in determining at the permanency plan hearing or the permanency plan review whether reasonable efforts were made to achieve the permanency planning goal of placing the child for adoption, with a guardian, with a relative, or in some other alternative permanent placement, to determine whether reasonable efforts were made by the agency to place the child in a safe and appropriate placement outside the state that is in the best interests of the child and appropriate to achieving the goal of the child's permanency plan or, if the child is placed in a placement outside the state, to determine whether that placement continues to be in the best interests of the child and appropriate to achieving the goal of the child' s permanency plan.

Finally, with respect to expediting the out-of-state placement of children, the bill requires the juvenile courts of this state to cooperate with the courts of other states in the sharing of information; obtain, to the greatest extent possible, information and testimony from agencies and parties located in other states without requiring interstate travel by those agencies and parties; and permit parents, children, other necessary parties, attorneys, and guardians ad litem in proceedings involving the interstate placement of a child to participate in those proceedings without requiring interstate travel by those persons.

Right to be heard in proceedings involving children in out-of-home care

The Safe and Timely Interstate Placement of Foster Children Act of 2006 requires a state's case review system to include procedures for assuring that any foster parent, preadoptive parent, or relative providing care for a child is provided a right to be heard in any proceeding held with respect to the child. Current state law, however, requires the juvenile court to give a foster parent, treatment foster parent, any relative with whom a child is living, and any other physical custodian of a child an opportunity to be heard at any hearing under the Children's Code or the Juvenile Justice Code, involving the child, other than a hearing for which notice need only be provided to the child and his or her counsel, by permitting that person to make a written or oral statement during the hearing or to submit a written statement prior to the hearing.

This bill requires the juvenile court to give a foster parent, treatment foster parent, operator of a facility in which a child is living, relative with whom a child is living, or other physical custodian of a child a right to be heard at any hearing under the Children's Code or the Juvenile Justice Code, involving the child, other than a hearing for which notice need only be provided to the child and his or her counsel. The bill also requires a juvenile court to give that right to a preadoptive parent, which the bill defines as a foster parent, treatment foster parent, relative, or other person with whom a child is placed for adoption following a termination of parental rights to the child.

Reporting of infants affected by controlled substances

CAPTA requires a state's state plan to include a requirement that a health care provider involved in the delivery or care of an infant identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure to notify the child protective services system of the occurrence of that condition in the infant. Current state law requires a physician who determines that there is a serious risk that an infant's bodily fluids contain a controlled substance to report that information to a county department of human services or social services or, in Milwaukee County, to the county department of community programs or developmental disabilities services. The county department then must offer or make arrangements for the provision of appropriate services and treatment for the infant and the infant's mother.

This bill requires a physician who determines that there is a serious risk that an infant's bodily fluids contain a controlled substance to report that information to the agency that is responsible for investigating reports of suspected child abuse or neglect, which is the county department, DHFS in Milwaukee County, or a child welfare agency under contract with a county department or DHFS to conduct those investigations. Under the bill, if a county department or a child welfare agency under contract with a county department receives such a report, the county department or child welfare agency must offer or make arrangements for the provision of appropriate services and treatment for the infant and the infant's mother and, if DHFS or a child welfare agency under contract with DHFS receives such a report, DHFS or the child welfare agency must refer the report to the county department of community programs or developmental disabilities services and that county department must offer or make arrangements for the provision of those services and that treatment.

Circuit court commissioner review of permanency plans

Under current law, a circuit court commissioner assigned to assist in juvenile matters may conduct certain proceedings under the Children's Code and the Juvenile Justice Code, including temporary physical custody hearings, plea hearings, and uncontested fact-finding and dispositional hearings. This bill permits a circuit court commissioner to conduct permanency plan reviews and hearings.

Change in placement orders

Under current law, the placement of a child who is placed outside the home may be changed without a hearing if the parent, guardian, or legal custodian of the child and the child, if 12 years of age or over, sign written waivers of objection to the change in placement or if the child, the parent, guardian, or legal custodian of the child, and the foster parent, treatment foster parent, or other physical custodian of the child do not file an objection to the proposed change in placement within ten days after receiving notice of the proposed change in placement.

This bill provides that a juvenile court order is required to change the placement of a child who is placed outside the home, regardless of whether a hearing is held on the proposed change in placement, unless the change in placements is authorized in the dispositional order and no objection to the change in placement is filed. If no objection is filed, the child's placement may be changed ten days after notice is sent to the parties and the juvenile court may issue an order approving the change in placement after it is made.

Placement and care responsibility

Under current law, if the juvenile court orders a child who is under the supervision of a county department or, in Milwaukee County, DHFS to be placed outside the home, the juvenile court must order the child into the placement and care responsibility of the county department or DHFS and assign the county department or DHFS primary responsibility for providing services to the child. This bill requires that order whenever a juvenile court orders a child to be placed outside the home, regardless of whether the child is under the supervision of a county department or DHFS.

Reasonable efforts not required; permanency plan determination hearing

Finally, the bill eliminates the requirement that a permanency plan determination hearing be held for a child who is living outside the home at the time that a consent decree maintaining the child in that placement is entered into when reasonable efforts to return the child to his or her home are not required.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB856, s. 1 Section 1. 46.238 of the statutes is amended to read:

AB856,8,16 46.238 Infants and unborn children whose mothers abuse controlled substances or controlled substance analogs. If a county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, a county department under s. 51.42 or 51.437 an agency, as defined in s. 48.981 (1) (ag), receives a report under s. 146.0255 (2) and that agency is a county department under s. 46.22 or 46.23 or a licensed child welfare agency under contract with that county department, the county department agency shall offer to provide appropriate services and treatment to the child and the child's mother or to the unborn child, as defined in s. 48.02 (19), and the expectant mother of the unborn child or the county department agency shall make arrangements for the provision of appropriate services or and treatment. If an agency receives a report under s. 146.0255 (2) and that agency is the department or a licensed child welfare agency under contract with the department, the agency shall refer the report to the county department under s. 51.42 or 51.437 and that county department shall offer to provide, or make arrangements for the provision of, those services and that treatment.

AB856, s. 2 Section 2. 48.02 (14j) of the statutes is created to read:

AB856,9,3 48.02 (14j) "Preadoptive parent" means a foster parent, treatment foster parent, relative, or other person with whom a child is placed under s. 48.833, 48.835, or 48.837 following a termination of parental rights to the child.

AB856, s. 3 Section 3. 48.21 (5) (b) 1. d. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB856,9,11 48.21 (5) (b) 1. d. If the child is under the supervision of the county department or, in a county having a population of 500,000 or more, the department, an An order ordering the child into the placement and care responsibility of the county department or, in a county having a population of 500,000 or more, the department as required under 42 USC 672 (a) (2) and assigning the county department or department primary responsibility for providing services to the child.

AB856, s. 4 Section 4. 48.21 (5) (d) 1. of the statutes is renumbered 48.21 (5) (d) and amended to read:

AB856,9,20 48.21 (5) (d) If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m) 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.

AB856, s. 5 Section 5. 48.21 (5) (d) 2. of the statutes is repealed.

AB856, s. 6 Section 6. 48.21 (5) (d) 3. of the statutes is repealed.

AB856, s. 7 Section 7. 48.27 (3) (a) 1. of the statutes is amended to read:

AB856,9,25 48.27 (3) (a) 1. If the petition that was filed relates to facts concerning a situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother who is a child, the court shall also notify, under s. 48.273, the child, any parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) of the child, the unborn child by the unborn child's guardian ad litem, if applicable, and any person specified in par. (b), (d), or (e), if applicable, of all hearings involving the child, except hearings on motions for which notice need only be provided to the child and his or her counsel. When parents who are entitled to notice have the same place of residence, notice to one shall constitute notice to the other. The first notice to any interested party, foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) shall be written and may have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.

AB856, s. 8 Section 8. 48.27 (3) (a) 1m. of the statutes is amended to read:

AB856,11,2 48.27 (3) (a) 1m. The court shall give a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 1. an opportunity a right to be heard at the hearing by permitting the foster parent, treatment foster parent, preadoptive 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. A foster parent, treatment foster parent , preadoptive parent, or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. and an opportunity a right 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 right to be heard.

AB856, s. 9 Section 9. 48.27 (3) (a) 2. of the statutes is amended to read:

AB856,11,10 48.27 (3) (a) 2. Failure to give notice under subd. 1. to a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the action or proceeding. If a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under subd. 1., that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.

AB856, s. 10 Section 10. 48.27 (6) of the statutes is amended to read:

AB856,11,19 48.27 (6) When a proceeding is initiated under s. 48.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court, consistent with applicable governing statutes. In addition, if. If the child who is the subject of the proceeding is in the care of a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent , preadoptive parent, or other physical custodian notice and an opportunity a right to be heard as provided in sub. (3) (a).

AB856, s. 11 Section 11. 48.299 (1) (ag) of the statutes is amended to read:

AB856,12,9 48.299 (1) (ag) In a proceeding other than a proceeding under s. 48.375 (7), if a public hearing is not held, only the parties and their counsel or guardian ad litem, the court-appointed special advocate for the child, the child's foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2), witnesses, and other persons requested by a party and approved by the court may be present, except that the court may exclude a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) from any portion of the hearing if that portion of the hearing deals with sensitive personal information of the child or the child's family or if the court determines that excluding the foster parent, treatment foster parent , preadoptive parent, or other physical custodian would be in the best interests of the child. Except in a proceeding under s. 48.375 (7), any other person the court finds to have a proper interest in the case or in the work of the court, including a member of the bar, may be admitted by the court.

AB856, s. 12 Section 12. 48.32 (1) (b) 1. d. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB856,12,18 48.32 (1) (b) 1. d. If the child's placement or other living arrangement is under the supervision of the county department or, in a county having a population of 500,000 or more, the department, an An order ordering the child into the placement and care responsibility of the county department or, in a county having a population of 500,000 or more, the department as required under 42 USC 672 (a) (2) and assigning the county department or department primary responsibility for providing services to the child.

AB856, s. 13 Section 13. 48.32 (1) (c) of the statutes is repealed.

AB856, s. 14 Section 14. 48.355 (2) (b) 6g. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB856,13,3 48.355 (2) (b) 6g. If the child is placed outside the home under the supervision of, an order ordering the child into the placement and care responsibility of the county department or, in a county having a population of 500,000 or more, the department, an order ordering the child into the placement and care responsibility of the county department or department as required under 42 USC 672 (a) (2) and assigning the county department or department primary responsibility for providing services to the child.

AB856, s. 15 Section 15. 48.355 (2b) of the statutes is amended to read:

AB856,13,19 48.355 (2b) Concurrent reasonable efforts permitted. A county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to a child under a court order may, at the same time as the county department, department, or agency is making the reasonable efforts required under sub. (2) (b) 6. to prevent the removal of the child from the home or to make it possible for the child to return safely to his or her home, work with the department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place the child for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement. Those efforts to place the child for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement shall include efforts to place the child in a safe and appropriate placement outside this state if the county department, department, or agency determines that such a placement would be in the best interests of the child and appropriate to achieving the goals of the child's permanency plan.

AB856, s. 16 Section 16. 48.355 (2d) (c) 1. of the statutes is renumbered 48.355 (2d) (c) and amended to read:

AB856,14,2 48.355 (2d) (c) If the court finds that any of the circumstances specified in par. (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing under s. 48.38 (4m) 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.

AB856, s. 17 Section 17. 48.355 (2d) (c) 2. of the statutes is repealed.

AB856, s. 18 Section 18. 48.355 (2d) (c) 3. of the statutes is repealed.

AB856, s. 19 Section 19. 48.357 (1) (am) 1. of the statutes is amended to read:

AB856,14,20 48.357 (1) (am) 1. If the proposed change in placement involves any change in placement other than a change in placement specified in par. (c), the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel shall cause written notice of the proposed change in placement to be sent to the child, the parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, 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. If the expectant mother is an adult, written notice shall be sent to the adult expectant mother and the unborn child by the unborn child's guardian ad litem. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court.

AB856, s. 20 Section 20. 48.357 (1) (am) 2. of the statutes is amended to read:

AB856,15,11 48.357 (1) (am) 2. Any person receiving the who is sent a notice under subd. 1. or a notice of a specific placement under s. 48.355 (2) (b) 2., other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice is sent. Placements may not be changed until 10 days after that the notice is sent to the persons specified in subd. 1. and to the court unless the parent, guardian, or legal custodian and the child, if 12 years of age or over, or the child expectant mother, if 12 years of age or over, her parent, guardian, or legal custodian and the unborn child by the unborn child's guardian ad litem, or the adult expectant mother and the unborn child by the unborn child's guardian ad litem, sign written waivers of objection, except that changes in placement that were authorized in the dispositional order may be made immediately if notice is given as required under subd. 1. In addition, a hearing is not required for placement changes authorized in the dispositional order except when an objection filed by a person who received is sent notice alleges that new information is available that affects the advisability of the court's dispositional order.

AB856, s. 21 Section 21. 48.357 (1) (am) 2m. of the statutes is created to read:

AB856,15,21 48.357 (1) (am) 2m. Regardless of whether a hearing is held under subd. 2., a court order is required for any change in placement under this paragraph other than a change in placement that is authorized in the dispositional order and to which no objection is filed. In a case in which no objection is filed in response to a notice under subd. 1. or a notice of a specific placement under s. 48.355 (2) (b) 2., the child's placement may be changed 10 days after the notice is sent to the persons specified in subd. 1. and to the court, and the court may satisfy the requirement of this subdivision by issuing an order approving the change in placement after the change in placement is made.

AB856, s. 22 Section 22. 48.357 (2m) (b) of the statutes is amended to read:

AB856,16,16 48.357 (2m) (b) The court shall hold a hearing on the matter prior to ordering any change in placement requested or proposed under par. (a) if the request states that new information is available that affects the advisability of the current placement, unless. A hearing is not required if the requested or proposed change in placement involves any does not involve a 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) (am) 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, preadoptive 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 of the parties consent, the court may proceed immediately with the hearing.

AB856, s. 23 Section 23. 48.357 (2r) of the statutes is amended to read:

AB856,17,6 48.357 (2r) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove a child from a foster home, treatment foster home, the home of a preadoptive parent, or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) an opportunity a right to be heard at the hearing by permitting the foster parent, treatment foster parent, preadoptive 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. A foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (am) 1. or (2m) (b) and an opportunity a right 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 right to be heard.

AB856, s. 24 Section 24. 48.357 (2v) (a) 1m. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB856,17,17 48.357 (2v) (a) 1m. If the change in placement order changes the placement of a child who is under the supervision of the county department or, in a county having a population of 500,000 or more, the department to a placement outside the child's home, whether from a placement in the home or from another placement outside the home, an order ordering the child into, or to be continued in, the placement and care responsibility of the county department or, in a county having a population of 500,000 or more, the department as required under 42 USC 672 (a) (2) and assigning the county department or department primary responsibility, or continued primary responsibility, for providing services to the child.

AB856, s. 25 Section 25. 48.357 (2v) (c) 1. of the statutes is renumbered 48.357 (2v) (c) and amended to read:

AB856,17,25 48.357 (2v) (c) 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 under s. 48.38 (4m) 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.

AB856, s. 26 Section 26. 48.357 (2v) (c) 2. of the statutes is repealed.

AB856, s. 27 Section 27. 48.357 (2v) (c) 3. of the statutes is repealed.

AB856, s. 28 Section 28. 48.363 (1) (b) of the statutes is amended to read:

AB856,18,17 48.363 (1) (b) If a hearing is held, at least 3 days prior to the the hearing the court shall notify the child, the child's parent, guardian and legal custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2), the child's court-appointed special advocate, the district attorney or corporation counsel in the county in which the dispositional order was entered, 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 through the unborn child's guardian ad litem, all parties bound by the dispositional order, and the district attorney or corporation counsel in the county in which the dispositional order was entered, at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.

AB856, s. 29 Section 29. 48.363 (1m) of the statutes is amended to read:

AB856,19,5 48.363 (1m) If a hearing is held under sub. (1) (a), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall give a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) of the child an opportunity a right to be heard at the hearing by permitting the foster parent, treatment foster parent, preadoptive 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 revision. A foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (a) and an opportunity a right 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 right to be heard.

AB856, s. 30 Section 30. 48.365 (2) of the statutes is amended to read:

AB856,19,17 48.365 (2) No order may be extended without a hearing. The court shall notify the child, the child's parent, guardian, and legal custodian, all the parties present at the original hearing, the child's foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2), the child's court-appointed special advocate, the district attorney or corporation counsel in the county in which the dispositional order was entered, and, if the child is an 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 through the unborn child's guardian ad litem, all the parties present at the original hearing, and the district attorney or corporation counsel in the county in which the dispositional order was entered, of the time and place of the hearing.

AB856, s. 31 Section 31. 48.365 (2m) (ad) 1. of the statutes is renumbered 48.365 (2m) (ad) and amended to read:

AB856,19,25 48.365 (2m) (ad) 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 under s. 48.38 (4m) 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.

AB856, s. 32 Section 32. 48.365 (2m) (ad) 2. of the statutes is repealed.

AB856, s. 33 Section 33. 48.365 (2m) (ag) of the statutes is amended to read:

AB856,20,13 48.365 (2m) (ag) The court shall give a foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under par. (ad) 2. or sub. (2) an opportunity a right to be heard at the hearing by permitting the foster parent, treatment foster parent, preadoptive 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. A foster parent, treatment foster parent, preadoptive 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 a right 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 right to be heard.

AB856, s. 34 Section 34. 48.38 (2) (intro.) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB856,20,24 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, residential care center for children and youth, juvenile detention facility, or shelter care facility or in the home of a preadoptive 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 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each child living in the home of a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions specified in pars. (a) to (e) exists:

AB856, s. 35 Section 35. 48.38 (3) of the statutes is amended to read:

AB856,21,6 48.38 (3) Time. Subject to s. 48.355 (2d) (c) 1. sub. (4m) (a), the agency shall file the permanency plan with the court within 60 days after the date on which the child was first removed from his or her home, except that if the child is held for less than 60 days in a juvenile 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.

AB856, s. 36 Section 36. 48.38 (4) (f) (intro.) of the statutes is amended to read:

AB856,21,12 48.38 (4) (f) (intro.) 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, the child's preadoptive parent, the operator of the facility where in which 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:

AB856, s. 37 Section 37. 48.38 (4) (fm) of the statutes is amended to read:

AB856,22,2 48.38 (4) (fm) If the goal of the permanency plan 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 achieve that goal. Those efforts shall include efforts to place the child in a safe and appropriate placement outside this state if the agency determines that such a placement would be in the best interests of the child and appropriate to achieving the goal of the child's permanency plan. If the agency determines not to place the child in an available placement outside this state, the permanency plan shall include a statement as to why that placement is not in the best interests of the child or not appropriate to achieving the goal of the child's permanency plan. If the child is placed in a placement outside this state, the permanency plan shall include a statement as to whether that placement continues to be in the best interests of the child and appropriate to achieving the goal of the child's permanency plan.

AB856, s. 38 Section 38. 48.38 (4) (h) (intro.) of the statutes is amended to read:

AB856,22,7 48.38 (4) (h) (intro.) If the child is 15 years of age or over, a description of an independent living plan describing 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 plan shall include all of the following: