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1. The name, address, and telephone number of the Indian juvenile's Indian
21custodian and tribe.
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2. A description of the remedial services and rehabilitation programs offered
23under s. 938.028 (4) (d) 2. in an effort to prevent the breakup of the Indian family.
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3. A statement as to whether the Indian juvenile's placement is in compliance
25with the order of placement preference under s. 938.028 (6) (a) or, if applicable, s.
1938.028 (6) (b) and, if the placement is not in compliance with that order, a statement
2as to whether there is good cause, as described in s. 938.028 (6) (d), for departing from
3that order.
SB572, s. 357
4Section
357. 938.38 (4m) of the statutes is created to read:
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938.38
(4m) Permanency plan determination hearing. (a) If in a proceeding
6under s. 938.21, 938.32, 938.355, 938.357, or 938.365 the court finds that any of the
7circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent,
8the court shall hold a hearing within 30 days after the date of that finding to
9determine the permanency plan for the juvenile. If a hearing is held under this
10paragraph, the agency responsible for preparing the permanency plan shall file the
11permanency plan with the court not less than 5 days before the hearing.
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(b) At least 10 days before the hearing the court shall notify the juvenile, any
13parent, guardian, and legal custodian of the juvenile, any foster parent, treatment
14foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile and,
15if the juvenile is an Indian juvenile who is or is alleged to be in need of protection or
16services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian
17and tribe of the time, place, and purpose of the hearing.
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(c) If the court knows or has reason to know that the juvenile is an Indian
19juvenile who is or is alleged to be in need of protection or services under s. 938.13 (4),
20(6), (6m), or (7), notice under par. (b) to the Indian juvenile's parent, Indian custodian,
21and tribe shall be provided in the manner specified in s. 938.028 (4) (a). No hearing
22may be held under par. (a) until at least 10 days after receipt of the notice by the
23Indian juvenile's parent, Indian custodian, and tribe or until at least 25 days after
24receipt of the notice by the U.S. secretary of the interior. On request of the Indian
1juvenile's parent, Indian custodian, or tribe, the court shall grant a continuance of
2up to 20 additional days to enable the requester to prepare for the hearing.
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(d) The court shall give a foster parent, treatment foster parent, or other
4physical custodian described in s. 48.62 (2) who is notified of a hearing under par. (b)
5an opportunity to be heard at the hearing by permitting the foster parent, treatment
6foster parent, or other physical custodian to make a written or oral statement during
7the hearing, or to submit a written statement prior to the hearing, relevant to the
8issues to be determined at the hearing. The foster parent, treatment foster parent,
9or other physical custodian does not become a party to the proceeding on which the
10hearing is held solely on the basis of receiving that notice and having the opportunity
11to be heard.
SB572, s. 358
12Section
358. 938.38 (5) (b) of the statutes is amended to read:
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938.38
(5) (b) The court or the agency shall notify
the parents of the juvenile, 14the juvenile, if he or she is 10 years of age or older
, and; the juvenile's parent,
15guardian, and legal custodian; the juvenile's foster parent, the juvenile's treatment
16foster parent, the operator of the facility in which the juvenile is living, or the relative
17with whom the juvenile is living
; and, if the juvenile is an Indian juvenile who is in
18need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's
19Indian custodian and tribe of the date, time, and place of the review, of the issues to
20be determined as part of the review, and of the fact that they may have an opportunity
21to be heard at the review by submitting written comments not less than 10 working
22days before the review or by participating at the review. The court or agency shall
23notify the person representing the interests of the public, the juvenile's counsel, and
24the juvenile's guardian ad litem of the date of the review, of the issues to be
25determined as part of the review, and of the fact that they may submit written
1comments not less than 10 working days before the review. The notices under this
2paragraph shall be provided in writing not less than 30 days before the review and
3copies of the notices shall be filed in the juvenile's case record.
SB572, s. 359
4Section
359. 938.38 (5) (bm) of the statutes is created to read:
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938.38
(5) (bm) If the juvenile is an Indian juvenile who is in need of protection
6or services under s. 938.13 (4), (6), (6m), or (7), notice under par. (b) to the Indian
7juvenile's parent, Indian custodian, and tribe shall be provided in the manner
8specified in s. 938.028 (4) (a). No review may be held until at least 10 days after
9receipt of the notice by the Indian juvenile's parent, Indian custodian, and tribe or
10until at least 25 days after receipt of the notice by the U.S. secretary of the interior.
11On request of the Indian juvenile's parent, Indian custodian, or tribe, the court shall
12grant a continuance of up to 20 additional days to enable the requester to prepare
13for the review.
SB572, s. 360
14Section
360. 938.38 (5) (c) 8. of the statutes is created to read:
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938.38
(5) (c) 8. If the juvenile is an Indian juvenile who is in need of protection
16or services under s. 938.13 (4), (6), (6m), or (7), whether active efforts under s. 938.028
17(4) (d) 2. were made by the agency to prevent the breakup of the Indian family,
18whether those efforts have proved unsuccessful, whether the Indian child's
19placement is in compliance with the order of placement preference under s. 938.028
20(6) (a) or, if applicable, s. 938.028 (6) (b), and, if the placement is not in compliance
21with that order, whether there is good cause, as described in s. 938.028 (6) (d), for
22departing from that order.
SB572, s. 361
23Section
361. 938.38 (5) (d) of the statutes is amended to read:
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938.38
(5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the
25permanency plan shall, at least 5 days before a review by a review panel, provide to
1each person appointed to the review panel,
the juvenile's parent, guardian, and legal
2custodian, the person representing the interests of the public, the juvenile's counsel
3and, the juvenile's guardian ad litem
, and, if the juvenile is an Indian juvenile who
4is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian
5juvenile's Indian custodian and tribe a copy of the permanency plan and any written
6comments submitted under par. (b). Notwithstanding s. 938.78 (2) (a), a person
7appointed to a review panel, the person representing the interests of the public, the
8juvenile's counsel
and, the juvenile's guardian ad litem
, and, if the juvenile is an
9Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m),
10or (7), the Indian juvenile's Indian custodian and tribe may have access to any other
11records concerning the juvenile for the purpose of participating in the review. A
12person permitted access to a juvenile's records under this paragraph may not disclose
13any information from the records to any other person.
SB572, s. 362
14Section
362. 938.38 (5) (e) of the statutes is amended to read:
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938.38
(5) (e) Within 30 days, the agency shall prepare a written summary of
16the determinations under par. (c) and shall provide a copy to the court that entered
17the order
,; the juvenile or the juvenile's counsel
or, guardian ad litem
,; the person
18representing the interests of the public
,; the juvenile's parent
or, guardian
and, or
19legal custodian; the juvenile's foster parent, the juvenile's treatment foster parent
, 20or the operator of the facility where the juvenile is living
; and, if the juvenile is an
21Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m),
22or (7), the Indian juvenile's Indian custodian and tribe.
SB572, s. 363
23Section
363. 938.38 (5m) (b) of the statutes is amended to read:
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938.38
(5m) (b) Not less than 30 days before the date of the hearing, the court
25shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the
1juvenile's foster parent or treatment foster parent, the operator of the facility in
2which the juvenile is living, or the relative with whom the juvenile is living; the
3juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the
4permanency plan;
and the person representing the interests of the public
; and, if the
5juvenile is an Indian juvenile who is in need of protection or services under s. 938.13
6(4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the date, time,
7and place of the hearing.
SB572, s. 364
8Section
364. 938.38 (5m) (bm) of the statutes is created to read:
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938.38
(5m) (bm) If the juvenile is an Indian juvenile who is in need of
10protection or services under s. 938.13 (4), (6), (6m), or (7), notice under par. (b) to the
11Indian juvenile's parent, Indian custodian, and tribe shall be provided in the manner
12specified in s. 938.028 (4) (a). No hearing under par. (a) may be held until at least
1310 days after receipt of the notice by the Indian juvenile's parent, Indian custodian,
14and tribe or until at least 25 days after receipt of the notice by the U.S. secretary of
15the interior. On request of the Indian juvenile's parent, Indian custodian, or tribe,
16the court shall grant a continuance of up to 20 additional days to enable the requester
17to prepare for the hearing.
SB572, s. 365
18Section
365. 938.38 (5m) (d) of the statutes is amended to read:
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938.38
(5m) (d) At least 5 days before the date of the hearing the agency that
20prepared the permanency plan shall provide a copy of the permanency plan and any
21written comments submitted under par. (c) to the court, to the juvenile's parent,
22guardian, and legal custodian, to the person representing the interests of the public,
23and to the juvenile's counsel or guardian ad litem
, and, if the juvenile is an Indian
24juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7),
25to the Indian juvenile's Indian custodian and tribe. Notwithstanding s. 938.78 (2)
1(a), the person representing the interests of the public
and, the juvenile's counsel or
2guardian ad litem
, and, if the juvenile is an Indian juvenile who is in need of
3protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
4custodian and tribe may have access to any other records concerning the juvenile for
5the purpose of participating in the review. A person permitted access to a juvenile's
6records under this paragraph may not disclose any information from the records to
7any other person.
SB572, s. 366
8Section
366. 938.38 (5m) (e) of the statutes is amended to read:
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938.38
(5m) (e) After the hearing, the court shall make written findings of fact
10and conclusions of law relating to the determinations under sub. (5) (c) and shall
11provide a copy of those findings of fact and conclusions of law to the juvenile; the
12juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or
13treatment foster parent, the operator of the facility in which the juvenile is living,
14or the relative with whom the juvenile is living; the agency that prepared the
15permanency plan;
and the person representing the interests of the public
; and, if the
16juvenile is an Indian juvenile who is in need of protection or services under s. 938.13
17(4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe. The court shall
18make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on
19circumstances specific to the juvenile and shall document or reference the specific
20information on which those findings are based in the findings of fact and conclusions
21of law prepared under this paragraph. Findings of fact and conclusions of law that
22merely reference sub. (5) (c) 7. without documenting or referencing that specific
23information in the findings of fact and conclusions of law or amended findings of fact
24and conclusions of law that retroactively correct earlier findings of fact and
1conclusions of law that do not comply with this paragraph are not sufficient to comply
2with this paragraph.
SB572, s. 367
3Section
367. 938.538 (6m) (a) 1. of the statutes is repealed.
SB572, s. 368
4Section
368. 938.538 (6m) (a) 4. of the statutes is amended to read:
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938.538
(6m) (a) 4. "Minority group member" means a Black, a Hispanic
, or an
6American Indian
person.
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(1)
Involuntary termination of parental rights. The treatment of sections
948.415 (intro.) and (2) (a) 2., 48.42 (1) (e), and 48.424 (1) (b) and (3) of the statutes
10first applies to a termination of parental rights petition filed on the effective date of
11this subsection.
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(1)
This act takes effect on July 1, 2008.