AB856: Bill Text

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 of the statutes is repealed.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:

AB856, s. 39 Section 39. 48.38 (4) (i) of the statutes is created to read:

AB856,22,16 48.38 (4) (i) A statement as to whether the child's age and developmental level are sufficient for the court to consult with the child at the permanency plan determination hearing under sub. (4m) (c) or at the permanency plan hearing under sub. (5m) (c) 2. or s. 48.43 (5) (b) 2. or for the court or panel to consult with the child at the permanency plan review under sub. (5) (bm) 2. and, if a decision is made that it would not be age appropriate or developmentally appropriate for the court or panel to consult with the child, a statement as to why consultation with the child would not be appropriate.

AB856, s. 40 Section 40. 48.38 (4m) of the statutes is created to read:

AB856,23,3 48.38 (4m) Reasonable efforts not required; permanency plan determination hearing. (a) If in a proceeding under s. 48.21, 48.355, 48.357, or 48.365 the court finds that any of the circumstances under 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 paragraph, 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 the hearing. At the hearing, the court shall consider placing the child in a placement outside this state if the 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.

AB856,23,9 (b) At least 10 days before the date of the hearing, the court shall notify the child; the child's parent, guardian, and legal custodian; and the child's foster parent, treatment foster parent, or preadoptive parent, the operator of the facility in which the child is living, or the relative with whom the child is living of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing.

AB856,23,25 (c) If the child's permanency plan includes an independent living plan under sub. (4) (h) or a statement under sub. (4) (i) indicating that the child's age and developmental level are sufficient for the court to consult with the child regarding the child's permanency plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court to consult with the child, the court determines that consultation with the child would be in the best interests of the child, the court shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child's permanency plan and any other matters the court finds appropriate by permitting the child, the child's caseworker, the child's counsel, or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the child's wishes, goals, and concerns regarding the permanency plan and those matters. A caseworker, counsel, or guardian ad litem who makes or submits a statement under this paragraph shall advise the court that the statement represents the wishes, goals, and concerns, but not necessarily the best interests, of the child.

AB856,24,9 (d) The court shall give a foster parent, treatment foster parent, preadoptive parent, operator of a facility, or relative who is notified of a hearing under par. (b) a right to be heard at the hearing by permitting the foster parent, treatment foster parent, preadoptive parent, operator, or relative 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. The foster parent, treatment foster parent, preadoptive parent, operator of a facility, or relative does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

AB856, s. 41 Section 41. 48.38 (5) (b) of the statutes is amended to read:

AB856,25,2 48.38 (5) (b) The court or the agency shall notify the parents of the child, the child, if he or she is 12 years of age or older, and; the child's parent, guardian, and legal custodian; and the child's foster parent, the child's treatment foster parent, or preadoptive parent, the operator of the facility in which the child is living, or the relative with whom the child is living of the date, time, and place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity shall have a right to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review as provided in par. (bm) 1. The court or agency shall notify the person representing the interests of the public, the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate of the date time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review have an opportunity to be heard at the review as provided in par. (bm) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child's case record.

AB856, s. 42 Section 42. 48.38 (5) (bm) of the statutes is created to read:

AB856,25,17 48.38 (5) (bm) 1. A child, parent, guardian, legal custodian, foster parent, treatment foster parent, preadoptive parent, operator of a facility, or relative who is provided notice of the review under par. (b) shall have a right to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review or by participating at the review. A person representing the interests of the public, counsel, guardian ad litem, or court-appointed special advocate who is provided notice of the review under par. (b) may have an opportunity to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review. A foster parent, treatment foster parent, preadoptive parent, operator of a facility, or relative who receives notice of a hearing under par. (b) and a right to be heard under this subdivision does not become a party to the proceeding on which the review is held solely on the basis of receiving that notice and right to be heard.

AB856,26,9 2. If the child's permanency plan includes an independent living plan under sub. (4) (h) or a statement under sub. (4) (i) indicating that the child's age and developmental level are sufficient for the court or panel to consult with the child regarding the child's permanency plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court or panel to consult with the child, the court or panel determines that consultation with the child would be in the best interests of the child, the court or panel shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child's permanency plan and any other matters the court or panel finds appropriate by permitting the child, the child's caseworker, the child's counsel, or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written or oral statement during the review, or to submit a written statement prior to the review, expressing the child's wishes, goals, and concerns regarding the permanency plan and those matters. A caseworker, counsel, or guardian ad litem who makes or submits a statement under this subdivision shall advise the court or panel that the statement represents the wishes, goals, and concerns, but not necessarily the best interests, of the child.

AB856, s. 43 Section 43. 48.38 (5) (c) 7. of the statutes is amended to read:

AB856,26,23 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve the goal of the 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. 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 reasonable efforts determination under this subdivision shall include a determination as to whether reasonable efforts were made by the agency to place the child in a safe and appropriate placement outside this state that is in the best interests of the child and appropriate to achieving the goal of the child's permanency plan. If the child is placed in a placement outside this state, that determination shall include a determination 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. 44 Section 44. 48.38 (5) (d) of the statutes is amended to read:

AB856,27,12 48.38 (5) (d) Notwithstanding s. 48.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the person representing the interests of the public, the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate a copy of the permanency plan and any written comments submitted under par. (b) (bm) 1. Notwithstanding s. 48.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.

AB856, s. 45 Section 45. 48.38 (5) (e) of the statutes is amended to read:

AB856,27,20 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order, the child or the child's counsel or guardian ad litem, the person representing the interests of the public, the child's parent or, guardian, and legal custodian, the child's court-appointed special advocate, and the child's foster parent, the child's treatment foster parent or , or preadoptive parent, the operator of the facility where in which the child is living, or the relative with whom the child is living.

AB856, s. 46 Section 46. 48.38 (5m) (b) of the statutes is amended to read:

AB856,28,8 48.38 (5m) (b) Not less than 30 days before the date of the hearing, the court shall notify the child; the child's parent, guardian, and legal custodian; and the child's foster parent or, treatment foster parent, or preadoptive parent, the operator of the facility in which the child is living, or the relative with whom the child is living; of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate; the agency that prepared the permanency plan; and the person representing the interests of the public of the date, time, and place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par. (c) 1.

AB856, s. 47 Section 47. 48.38 (5m) (c) of the statutes is renumbered 48.38 (5m) (c) 1. and amended to read:

AB856,29,2 48.38 (5m) (c) 1. Any person A child, parent, guardian, legal custodian, foster parent, treatment foster parent, preadoptive parent, operator of a facility, or relative who is provided notice of the hearing may have an opportunity under par. (b) shall have a right to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A counsel, guardian ad litem, court-appointed special advocate, agency, or person representing the interests of the public who is provided notice of the hearing under par. (b) may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, treatment foster parent, preadoptive parent, operator of a facility in which a child is living, or relative with whom a child is living who receives notice of a hearing under par. (b) and an opportunity a right to be heard under this paragraph 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. 48 Section 48. 48.38 (5m) (c) 2. of the statutes is created to read:

AB856,29,19 48.38 (5m) (c) 2. If the child's permanency plan includes an independent living plan under sub. (4) (h) or a statement under sub. (4) (i) indicating that the child's age and developmental level are sufficient for the court to consult with the child regarding the child's permanency plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court to consult with the child, the court determines that consultation with the child would be in the best interests of the child, the court shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child's permanency plan and any other matters the court finds appropriate by permitting the child, the child's caseworker, the child's counsel, or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the child's wishes, goals, and concerns regarding the permanency plan and those matters. A caseworker, counsel, or guardian ad litem who makes or submits a statement under this subdivision shall advise the court that the statement represents the wishes, goals, and concerns, but not necessarily the best interests, of the child.

AB856, s. 49 Section 49. 48.38 (5m) (d) of the statutes is amended to read:

AB856,30,6 48.38 (5m) (d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under par. (c) 1. to the court, to the child's parent, guardian, and legal custodian, to the person representing the interests of the public, to the child's counsel or guardian ad litem, and to the child's court-appointed special advocate. Notwithstanding s. 48.78 (2) (a), the person representing the interests of the public, the child's counsel or guardian ad litem, and the child's court-appointed special advocate may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.

AB856, s. 50 Section 50. 48.38 (5m) (e) of the statutes is amended to read:

AB856,30,23 48.38 (5m) (e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the child; the child's parent, guardian, and legal custodian; the child's foster parent or, treatment foster parent, or preadoptive parent, the operator of the facility in which the child is living, or the relative with whom the child is living; the child's court-appointed special advocate; the agency that prepared the permanency plan; and the person representing the interests of the public. The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.

AB856, s. 51 Section 51. 48.42 (2g) (am) of the statutes is amended to read:

AB856,31,10 48.42 (2g) (am) 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 par. (a) an opportunity a right 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. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under par. (a) 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. 52 Section 52. 48.427 (1m) of the statutes is amended to read:

AB856,31,22 48.427 (1m) In addition to any evidence presented under sub. (1), the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child an opportunity a right to be heard at the dispositional hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the dispositional hearing, or to submit a written statement prior to disposition, relevant to the issue of disposition. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (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. 53 Section 53. 48.43 (5) (b) of the statutes is renumbered 48.43 (5) (b) 1. and amended to read:

AB856,32,8 48.43 (5) (b) 1. The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (a). At least 10 days before the date of the hearing, the court shall provide notice of the time, date place, and purpose of the hearing to the agency that prepared the report, the child's guardian, the child, if he or she is 12 years of age or over, and the child's foster parent, treatment foster parent, other physical custodian described in s. 48.62 (2) or preadoptive parent, the operator of the facility in which the child is living or the relative with whom the child is living.

AB856, s. 54 Section 54. 48.43 (5) (b) 2. of the statutes is created to read:

AB856,32,25 48.43 (5) (b) 2. If the child's permanency plan includes an independent living plan under s. 48.38 (4) (h) or a statement under s. 48.38 (4) (i) indicating that the child's age and developmental level are sufficient for the court to consult with the child regarding the child's permanency plan or if, notwithstanding a decision under s. 48.38 (4) (i) that it would not be appropriate for the court to consult with the child, the court determines that consultation with the child would be in the best interests of the child, the court shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child's permanency plan and any other matters the court finds appropriate by permitting the child, the child's caseworker, the child's counsel, or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the child's wishes, goals, and concerns regarding the permanency plan and those matters. A caseworker, counsel, or guardian ad litem who makes or submits a statement under this subdivision shall advise the court that the statement represents the wishes, goals, and concerns, but not necessarily the best interests, of the child.

AB856, s. 55 Section 55. 48.43 (5) (b) 3. of the statutes is created to read:

AB856,33,10 48.43 (5) (b) 3. The court shall give a foster parent, treatment foster parent, preadoptive parent, operator of a facility, or relative who is notified of a hearing under subd. 1. a right to be heard at the hearing by permitting the foster parent, treatment foster parent, preadoptive parent, operator, or relative 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. The foster parent, treatment foster parent, preadoptive parent, operator of a facility, or relative does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

AB856, s. 56 Section 56. 48.43 (5m) of the statutes is amended to read:

AB856,33,16 48.43 (5m) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over, and to the child's foster parent, the child's treatment foster parent or, or preadoptive parent, the operator of the facility in which the child is living, or the relative with whom the child is living.

AB856, s. 57 Section 57. 48.63 (5) (d) 4. of the statutes is amended to read:

AB856,34,2 48.63 (5) (d) 4. Not less than 10 days before the review, the agency that placed the child or that arranged the placement of the child shall provide a copy of the revised permanency plan or plans and the request for review submitted under subd. 3. and notice of the time and place of the review to the child, the parent, guardian, and legal custodian of the child, and the operator of the group home in which the child is placed, together with notice of the issues to be determined as part of the permanency plan review and notice of the fact that those persons may have the opportunity shall have a right to be heard at the review by submitting written comments to that agency or the independent reviewing agency before the review or by participating at the review.

AB856, s. 58 Section 58. 48.999 of the statutes is created to read:

AB856,34,5 48.999 Expediting interstate placements of children. The courts of this state shall do all of the following to expedite the interstate placement of children:

AB856,34,7 (1) Subject to ss. 48.396 (2) and 938.396 (2), cooperate with the courts of other states in the sharing of information.

AB856,34,10 (2) To the greatest extent possible, obtain information and testimony from agencies and parties located in other states without requiring interstate travel by those agencies and parties.

AB856,34,13 (3) 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.

AB856, s. 59 Section 59. 146.0255 (2) of the statutes is amended to read:

AB856,35,23 146.0255 (2) Testing. Any hospital employee who provides health care, social worker, or intake worker under ch. 48 may refer an infant or an expectant mother of an unborn child, as defined in s. 48.02 (19), to a physician for testing of the bodily fluids of the infant or expectant mother for controlled substances or controlled substance analogs if the hospital employee who provides health care, social worker, or intake worker suspects that the infant or expectant mother has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother because of the use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child. The physician may test the infant or expectant mother to ascertain whether or not the infant or expectant mother has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother, if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother because of the use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child and that the health of the infant, the unborn child or the child when born may be adversely affected by the controlled substances or controlled substance analogs. If the results of the test indicate that the infant does have controlled substances or controlled substance analogs in the infant's bodily fluids, the physician shall make a report report the occurrence of that condition in the infant to the agency, as defined in s. 48.981 (1) (ag), that is responsible for conducting child abuse and neglect investigations under s. 48.981, and that agency shall offer to provide, or arrange or refer for the provision of, services and treatment for the child and the child's mother as provided under s. 46.238. If the results of the test indicate that the expectant mother does have controlled substances or controlled substance analogs in the expectant mother's bodily fluids, the physician may make a report report the occurrence of that condition in the expectant mother to the agency, as defined in s. 48.981 (1) (ag), that is responsible for conducting unborn child abuse investigations under s. 48.981, and that agency shall offer to provide, or arrange or refer for the provision of, services and treatment for the unborn child and expectant mother as provided under s. 46.238. Under this subsection, no physician may test an expectant mother without first receiving her informed consent to the testing.

AB856, s. 60 Section 60. 146.0255 (3) (b) of the statutes is amended to read:

AB856,36,5 146.0255 (3) (b) A statement of explanation that the test results of an infant must, and that the test results of an expectant mother may, be disclosed to a county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, to the county department under s. 51.42 or 51.437 in accordance with s. 46.238 an agency under sub. (2) if the test results are positive.

AB856, s. 61 Section 61. 757.69 (1) (g) 14. of the statutes is created to read:

AB856,36,8 757.69 (1) (g) 14. Conduct permanency plan reviews under s. 48.38 (5) or 938.38 (5) and permanency plan hearings under s. 48.38 (5m) or 938.38 (5m).

AB856, s. 62 Section 62. 767.41 (3) (c) of the statutes is amended to read:

AB856,36,16 767.41 (3) (c) The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (b). At least 10 days before the date of the hearing, the court shall provide notice of the time, date place, and purpose of the hearing to the agency that prepared the report,; the child; the child's parents, the child, if he or she is 12 years of age or over, and guardian, and legal custodian; and the child's foster parent, treatment foster parent, or preadoptive parent, the operator of the facility in which the child is living, or the relative with whom the child is living.

AB856, s. 63 Section 63. 938.02 (14j) of the statutes is created to read:

AB856,36,20 938.02 (14j) "Preadoptive parent" means a foster parent, treatment foster parent, relative, or other person with whom a juvenile is placed under s. 48.833, 48.835, or 48.837 following a termination of parental rights to the juvenile.

AB856, s. 64 Section 64. 938.21 (5) (b) 1. d. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB856,37,2 938.21 (5) (b) 1. d. If the juvenile is under the supervision of the county department, an An order ordering the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.

AB856, s. 65 Section 65. 938.21 (5) (d) 1. of the statutes is renumbered 938.21 (5) (d) and amended to read:

AB856,37,10 938.21 (5) (d) If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency plan for the juvenile. 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. 66 Section 66. 938.21 (5) (d) 2. of the statutes is repealed.

AB856, s. 67 Section 67. 938.21 (5) (d) 3. of the statutes is repealed.

AB856, s. 68 Section 68. 938.27 (3) (a) 1. of the statutes is amended to read:

AB856,38,2 938.27 (3) (a) 1. The court shall notify, under s. 938.273, the juvenile, any parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) of the juvenile, and any person specified in par. (b), if applicable, of all hearings involving the juvenile under this subchapter, except hearings on motions for which notice must be provided only to the juvenile and his or her counsel. If parents entitled to notice have the same place of residence, notice to one constitutes 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 in writing and may have a copy of the petition attached to it. Notices of subsequent 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 date and time notice was given and the person to whom he or she spoke.

AB856, s. 69 Section 69. 938.27 (3) (a) 1m. of the statutes is amended to read:

AB856,38,14 938.27 (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. 70 Section 70. 938.27 (3) (a) 2. of the statutes is amended to read:

AB856,38,22 938.27 (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. 71 Section 71. 938.27 (6) of the statutes is amended to read:

AB856,39,6 938.27 (6) Interstate compact proceedings; notice and summons. When a proceeding is initiated under s. 938.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court. If the juvenile 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. 72 Section 72. 938.299 (1) (ag) of the statutes is amended to read:

AB856,39,16 938.299 (1) (ag) If a public hearing is not held, in addition to persons permitted to attend under par. (a), the juvenile's foster parent, treatment foster parent, preadoptive parent, or other physical custodian described in s. 48.62 (2) 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 juvenile or the juvenile'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 juvenile.