SB572, s. 333
21Section
333. 938.357 (1) (c) 2. of the statutes is amended to read:
SB572,152,422
938.357
(1) (c) 2. The court shall hold a hearing prior to ordering a change in
23placement requested under subd. 1. At least 3 days prior to the hearing, the court
24shall provide notice of the hearing, together with a copy of the request for the change
25in placement, to the juvenile, the parent, guardian, and legal custodian of the
1juvenile,
and all parties that are bound by the dispositional order
, and, if the juvenile
2is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6),
3(6m), or (7), the Indian juvenile's Indian custodian and tribe. If all parties consent,
4the court may proceed immediately with the hearing.
SB572, s. 334
5Section
334. 938.357 (1) (c) 2m. of the statutes is created to read:
SB572,152,146
938.357
(1) (c) 2m. In a proceeding involving an Indian juvenile who is in need
7of protection or services under s. 938.13 (4), (6), (6m), or (7), notice under subd. 2. to
8the Indian juvenile's parent, Indian custodian, and tribe shall be provided in the
9manner specified in s. 938.028 (4) (a). No hearing on the request may be held until
10at least 10 days after receipt of the notice by the Indian juvenile's parent, Indian
11custodian, and tribe or until at least 25 days after receipt of the notice by the U.S.
12secretary of the interior. On request of the Indian juvenile's parent, Indian
13custodian, or tribe, the court shall grant a continuance of up to 20 additional days
14to enable the requester to prepare for the hearing.
SB572,153,417
938.357
(1) (c) 3. If the court changes the juvenile's placement from a placement
18in the juvenile's home to a placement outside the juvenile's home, the change in
19placement order shall contain the findings under sub. (2v) (a) 1., the applicable order
20under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., and, if in
21addition the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to
224. applies with respect to a parent, the determination under sub. (2v) (a) 3.
If the
23court changes the placement of an Indian juvenile who is in need of protection or
24services under s. 938.13 (4), (6), (6m), or (7) from a placement in the Indian juvenile's
25home to a placement outside the Indian juvenile's home, the change in placement
1order shall contain the findings under sub. (2v) (a) 4. and comply with the order of
2placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b),
3unless the court finds good cause, as described in s. 938.028 (6) (d), for departing from
4that order.
SB572, s. 336
5Section
336. 938.357 (2m) (a) of the statutes is amended to read:
SB572,153,236
938.357
(2m) (a)
Request; information required. The juvenile, the parent,
7guardian, or legal custodian of the juvenile,
or any person or agency primarily bound
8by the dispositional order, other than the person or agency responsible for
9implementing the order,
or, if the juvenile is an Indian juvenile who is in need of
10protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
11custodian may request a change in placement under this paragraph. The request
12shall contain the name and address of the new placement requested and shall state
13what new information is available that affects the advisability of the current
14placement. If the proposed change in placement would change the placement of a
15juvenile placed in the
juvenile's home to a placement outside the home, the request
16shall also contain specific information showing that continued placement of the
17juvenile in the
juvenile's home would be contrary to the welfare of the juvenile and,
18unless any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies, specific
19information showing that the agency primarily responsible for implementing the
20dispositional order has made reasonable efforts to prevent the removal of the
21juvenile from the home, while assuring that the juvenile's health and safety are the
22paramount concerns. The request shall be submitted to the court. The court may
23also propose a change in placement on its own motion.
SB572, s. 337
24Section
337. 938.357 (2m) (am) of the statutes is created to read:
SB572,154,14
1938.357
(2m) (am)
Indian juvenile; information required. 1. If the proposed
2change of placement would change the placement of an Indian juvenile placed in the
3Indian juvenile's home under s. 938.357 (4), (6), (6m), or (7) to a placement outside
4the Indian juvenile's home, a request under par. (a) shall also contain specific
5information showing that continued custody of the Indian juvenile by the parent or
6Indian custodian is likely to result in serious emotional or physical damage to the
7juvenile under s. 938.028 (4) (d) 1., specific information showing that the agency
8primarily responsible for implementing the dispositional order has made active
9efforts under s. 938.028 (4) (d) 2. to prevent the breakup of the Indian family and that
10those efforts have proved unsuccessful, a statement as to whether the new placement
11is in compliance with the order of placement preference under s. 938.028 (6) (a) or,
12if applicable, s. 938.028 (6) (b) and, if the new placement is not in compliance with
13that order, specific information showing good cause, as described in s. 938.028 (6) (d),
14for departing from that order.
SB572,154,2215
2. If the proposed change in placement would change the placement of an
16Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m),
17or (7) from a placement outside the home to another placement outside the home, a
18request under par. (a) shall also contain a statement as to whether the new
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 new placement is not in compliance
21with that order, specific information showing good cause, as described in s. 938.028
22(6) (d), for departing from that order.
SB572, s. 338
23Section
338. 938.357 (2m) (b) of the statutes is amended to read:
SB572,155,1524
938.357
(2m) (b)
Hearing; when required. The court shall hold a hearing prior
25to ordering any change in placement requested or proposed under par. (a) if the
1request states that new information is available that affects the advisability of the
2current placement. A hearing is not required if the requested or proposed change in
3placement does not involve a change in placement of a juvenile placed in the
4juvenile's home to a placement outside the
juvenile's home, written waivers of
5objection to the proposed change in placement are signed by all parties entitled to
6receive notice under
sub. (1) (am) 1. this paragraph, and the court approves. If a
7hearing is scheduled,
not less than 3 days before the hearing the court shall notify
8the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster
9parent, treatment foster parent, or other physical custodian described in s. 48.62 (2)
10of the juvenile,
and all parties who are bound by the dispositional order
at least 3
11days prior to the hearing, and, if the juvenile is an Indian juvenile who is in need of
12protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
13custodian and tribe. A copy of the request or proposal for the change in placement
14shall be attached to the notice. If all of the parties consent, the court may proceed
15immediately with the hearing.
SB572, s. 339
16Section
339. 938.357 (2m) (bm) of the statutes is created to read:
SB572,155,2517
938.357
(2m) (bm)
Indian juvenile; notice. If the juvenile is an Indian juvenile
18who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), notice
19under par. (b) to the Indian juvenile's parent, Indian custodian, and tribe shall be
20provided in the manner specified in s. 938.028 (4) (a). No hearing on the request or
21proposal may be held until at least 10 days after receipt of the notice by the Indian
22juvenile's parent, Indian custodian, and tribe or until at least 25 days after receipt
23of the notice by the U.S. secretary of the interior. On request of the Indian juvenile's
24parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20
25additional days to enable the requester to prepare for the hearing.
SB572,156,153
938.357
(2m) (c)
Findings required. 1. If the court changes the juvenile's
4placement from a placement in the juvenile's home to a placement outside the
5juvenile's home, the change in placement order shall contain the findings under sub.
6(2v) (a) 1., the applicable order under sub. (2v) (a) 1m., the applicable statement
7under sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances
8under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination
9under sub. (2v) (a) 3.
If the court changes the placement of an Indian juvenile who
10is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) from a
11placement in the Indian juvenile's home to a placement outside the Indian juvenile's
12home, the change in placement order shall, in addition, contain the findings under
13sub. (2v) (a) 4. and comply with the order of placement preference under s. 938.028
14(6) (a) or, if applicable, s. 938.028 (6) (b), unless the court finds good cause, as
15described in s. 928.028 (6) (d), for departing from that order.
SB572,156,25
162. If the court changes the juvenile's placement from a placement outside the
17home to another placement outside the home, the change in placement order shall
18contain the applicable order under sub. (2v) (a) 1m. and the applicable statement
19under sub. (2v) (a) 2.
If the court changes the placement of an Indian juvenile who
20is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) from a
21placement outside the Indian juvenile's home to another placement outside the
22Indian juvenile's home, the change in placement order shall, in addition, comply with
23the order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028
24(6) (b), unless the court finds good cause, as described in s. 938.028 (6) (d), for
25departing from the order.
SB572, s. 341
1Section
341. 938.357 (2v) (a) 4. of the statutes is created to read:
SB572,157,162
938.357
(2v) (a) 4. If the change in placement order changes the placement of
3an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6),
4(6m), or (7) from a placement in the Indian juvenile's home to a placement outside
5the Indian juvenile's home, a finding supported by clear and convincing evidence,
6including the testimony of one or more qualified expert witnesses, that continued
7custody of the Indian juvenile by the parent or Indian custodian is likely to result in
8serious emotional or physical damage to the juvenile under s. 938.028 (4) (d) 1. and
9a finding supported by clear and convincing evidence that the agency primarily
10responsible for implementing the dispositional order has made active efforts under
11s. 938.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts
12have proved unsuccessful. The findings under this subdivision shall be in addition
13to the findings under subd. 1., except that for the sole purpose of determining
14whether the cost of providing care for an Indian juvenile is eligible for
15reimbursement under
42 USC 670 to
679b, the findings under this subdivision and
16the findings under subd. 1. shall be considered to be the same findings.
SB572, s. 342
17Section
342. 938.357 (2v) (c) 1. of the statutes is renumbered 938.357 (2v) (c)
18and amended to read:
SB572,157,2419
938.357
(2v) (c) If the court finds under par. (a) 3. that any of the circumstances
20under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold
21a hearing
under s. 938.38 (4m) within 30 days after the date of that finding to
22determine the permanency plan for the juvenile.
If a hearing is held under this
23paragraph, the agency responsible for preparing the permanency plan shall file the
24permanency plan with the court at least 5 days before the date of the hearing.
SB572, s. 343
25Section
343. 938.357 (2v) (c) 2. of the statutes is repealed.
SB572, s. 344
1Section
344. 938.357 (2v) (c) 3. of the statutes is repealed.
SB572, s. 345
2Section
345. 938.363 (1) (a) of the statutes is amended to read:
SB572,158,173
938.363
(1) (a) A juvenile, the juvenile's parent, guardian, or legal custodian,
4any person or agency bound by a dispositional order,
or the district attorney or
5corporation counsel in the county in which the dispositional order was entered
or, if
6the juvenile is an Indian juvenile who is in need of protection or services under s.
7938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian may request a
8revision in the order that does not involve a change in placement, including a revision
9with respect to the amount of child support to be paid by a parent. The court may
10also propose a revision. The request or court proposal shall set forth in detail the
11nature of the proposed revision and what new information is available that affects
12the advisability of the court's disposition. The request or court proposal shall be
13submitted to the court. The court shall hold a hearing on the matter prior to any
14revision of the dispositional order if the request or court proposal indicates that new
15information is available that affects the advisability of the court's dispositional order,
16unless written waivers of objections to the revision are signed by all parties entitled
17to receive notice and the court approves.
SB572, s. 346
18Section
346. 938.363 (1) (b) of the statutes is amended to read:
SB572,159,519
938.363
(1) (b) If a hearing is held,
at least 3 days before the hearing the court
20shall notify the juvenile, the juvenile's parent, guardian, and legal custodian, all
21parties bound by the dispositional order, the juvenile's foster parent, treatment
22foster parent, or other physical custodian described in s. 48.62 (2),
and the district
23attorney or corporation counsel in the county in which the dispositional order was
24entered
at least 3 days prior to the hearing and, if the juvenile is an Indian juvenile
25who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian
1juvenile's Indian custodian and tribe. A copy of the request or proposal shall be
2attached to the notice. If all parties consent, the court may proceed immediately with
3the hearing. No revision may extend the effective period of the original order, or
4revise an original order under s. 938.34 (3) (f) or (6) (am) to impose more than a total
5of 30 days of detention, nonsecure custody, or inpatient treatment on a juvenile.
SB572, s. 347
6Section
347. 938.365 (1m) of the statutes is amended to read:
SB572,159,177
938.365
(1m) Request for extension. The parent, juvenile, guardian, legal
8custodian, any person or agency bound by the dispositional order, the district
9attorney or corporation counsel in the county in which the dispositional order was
10entered,
or the court on its own motion,
or, if the juvenile is an Indian juvenile who
11is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian
12juvenile's Indian custodian may request an extension of an order under s. 938.355.
13The request shall be submitted to the court
which
that entered the order. An order
14under s. 938.355 for placement of a juvenile in detention, nonsecure custody, or
15inpatient treatment under s. 938.34 (3) (f) or (6) (am) may not be extended. Other
16orders or portions of orders under s. 938.355 may be extended only as provided in this
17section.
SB572, s. 348
18Section
348. 938.365 (2) of the statutes is amended to read:
SB572,160,219
938.365
(2) Notice. No order may be extended without a hearing. The court
20shall
notify provide notice of the time and place of the hearing to the juvenile or the
21juvenile's guardian ad litem or counsel, the juvenile's parent, guardian,
and legal
22custodian, all of the parties present at the original hearing, the juvenile's foster
23parent, treatment foster parent or other physical custodian described in s. 48.62 (2),
24and the district attorney or corporation counsel in the county in which the
25dispositional order was entered
of the time and place of the hearing, and, if the
1juvenile is an Indian juvenile who is in need of protection or services under s. 938.13
2(4), (6), (6m), or (7), the Indian juvenile's Indian custodian.
SB572, s. 349
3Section
349. 938.365 (2g) (b) 4. of the statutes is created to read:
SB572,160,74
938.365
(2g) (b) 4. If the juvenile is an Indian juvenile who is placed outside
5the home under s. 938.13 (4), (6), (6m), or (7), specific information showing that active
6efforts under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian
7family and that those efforts have proved unsuccessful.
SB572, s. 350
8Section
350. 938.365 (2m) (a) 1. of the statutes is amended to read:
SB572,160,209
938.365
(2m) (a) 1. Any party may present evidence relevant to the issue of
10extension. If the juvenile is placed outside of his or her home, the person or agency
11primarily responsible for providing services to the juvenile shall present as evidence
12specific information showing that the
person or agency has made reasonable efforts
13to achieve the goal of the juvenile's permanency plan, unless return of the juvenile
14to the home is the goal of the permanency plan and any of the circumstances under
15s. 938.355 (2d) (b) 1. to 4. applies.
If an Indian juvenile is placed outside the home
16under s. 938.13 (4), (6), (6m), or (7), the person or agency primarily responsible for
17providing services to the Indian juvenile shall also present as evidence specific
18information showing that the person or agency has made active efforts under s.
19938.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts
20have proved unsuccessful.
SB572,161,6
211m. The court shall make findings of fact and conclusions of law based on the
22evidence. The findings of fact shall include a finding as to whether reasonable efforts
23were made by the agency primarily responsible for providing services to the juvenile
24to achieve the goal of the juvenile's permanency plan, unless return of the juvenile
25to the home is the goal of the permanency plan and the court finds that any of the
1circumstances under s. 938.355 (2d) (b) 1. to 4. applies.
If the juvenile is an Indian
2juvenile who is placed outside the home under s. 938.13 (4), (6), (6m), or (7), the
3findings of fact shall also include a finding as to whether active efforts under s.
4938.028 (4) (d) 2. were made to prevent the breakup of the Indian family and as to
5whether those efforts have proved unsuccessful. An order shall be issued under s.
6938.355.
SB572, s. 351
7Section
351. 938.365 (2m) (a) 3. of the statutes is amended to read:
SB572,161,168
938.365
(2m) (a) 3. The court shall make the findings under subd.
1. 1m. 9relating to reasonable efforts to achieve the goal of the juvenile's permanency plan
10and the findings under subd. 2. on a case-by-case basis based on circumstances
11specific to the juvenile and shall document or reference the specific information on
12which those findings are based in the order issued under s. 938.355. An order that
13merely references subd.
1. 1m. or 2. without documenting or referencing that specific
14information in the order or an amended order that retroactively corrects an earlier
15order that does not comply with this subdivision is not sufficient to comply with this
16subdivision.
SB572, s. 352
17Section
352. 938.365 (2m) (ad) 1. of the statutes is renumbered 938.365 (2m)
18(ad) and amended to read:
SB572,161,2419
938.365
(2m) (ad) If the court finds that any of the circumstances under s.
20938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
21under s. 938.38 (4m) within 30 days after the date of that finding to determine the
22permanency plan for the juvenile.
If a hearing is held under this subdivision, the
23agency responsible for preparing the permanency plan shall file the permanency
24plan with the court not less than 5 days before the date of the hearing.
SB572, s. 353
25Section
353. 938.365 (2m) (ad) 2. of the statutes is repealed.
SB572, s. 354
1Section
354. 938.365 (2m) (ag) of the statutes is amended to read:
SB572,162,112
938.365
(2m) (ag) The court shall give a foster parent, treatment foster parent,
3or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
4par. (ad) 2. or sub. (2) an opportunity to be heard at the hearing by permitting the
5foster parent, treatment foster parent, or other physical custodian to make a written
6or oral statement during the hearing, or to submit a written statement prior to the
7hearing, relevant to the issue of extension. A foster parent, treatment foster parent,
8or other physical custodian who receives notice of a hearing under
par. (ad) 2. or sub.
9(2) and an opportunity to be heard under this paragraph does not become a party to
10the proceeding on which the hearing is held solely on the basis of receiving that notice
11and
having the opportunity to be heard.
SB572, s. 355
12Section
355. 938.38 (3) (intro.) of the statutes is amended to read:
SB572,162,1613
938.38
(3) Time. (intro.) Subject to s. 938.355 (2d) (c)
1., the agency shall file
14the permanency plan with the court within 60 days after the date on which the
15juvenile was first removed from his or her home, except under either of the following
16conditions:
SB572, s. 356
17Section
356. 938.38 (4) (i) of the statutes is created to read:
SB572,162,1918
938.38
(4) (i) If the juvenile is an Indian juvenile who is in need of protection
19or services under s. 938.13 (4), (6), (6m), or (7), all of the following:
SB572,162,2120
1. The name, address, and telephone number of the Indian juvenile's Indian
21custodian and tribe.
SB572,162,2322
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.
SB572,163,324
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:
SB572,163,115
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.
SB572,163,1712
(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.
SB572,164,218
(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.
SB572,164,113
(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:
SB572,165,313
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:
SB572,165,135
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:
SB572,165,2215
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:
SB572,166,1324
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:
SB572,166,2215
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:
SB572,167,724
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:
SB572,167,179
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:
SB572,168,719
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:
SB572,169,29
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:
SB572,169,65
938.538
(6m) (a) 4. "Minority group member" means a Black, a Hispanic
, or an
6American Indian
person.
SB572,169,118
(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.
SB572,169,1313
(1)
This act takes effect on July 1, 2008.