AB722, s. 27 12Section 27. 48.62 (3m) of the statutes is created to read:
AB722,22,313 48.62 (3m) The name, other than the first name, and address of a person
14licensed to operate a foster home or treatment foster home may not be disclosed to
15the parent or guardian of a child placed in the home or to any other adult relative of
16the child without the written consent of the licensee. When the department, a county
17department, or a child welfare agency issues a license to operate a foster home or
18treatment foster home, the department, county department, or child welfare agency
19shall notify the licensee of that confidentiality requirement. A person licensed to
20operate a foster home or a treatment foster home may consent to the disclosure of his
21or her full name and address to the parent or guardian of a child placed in the person's
22care or to an adult relative of the child by submitting a signed and dated statement
23to the department, county department, or child welfare agency stating the name of
24the child and indicating that the person consents to the disclosure of that information
25to the parent, guardian, or other adult relative. Consent under this subsection shall

1be given individually with respect to each child in the care of a licensee, except that
2a licensee may provide one consent covering all members of a sibling group in the care
3of the licensee.
AB722, s. 28 4Section 28. 48.62 (3m) of the statutes, as created by 2009 Wisconsin Act ....
5(this act), is amended to read:
AB722,22,216 48.62 (3m) The name, other than the first name, and address of a person
7licensed to operate a foster home or treatment foster home may not be disclosed to
8the parent or guardian of a child placed in the home or to any other adult relative of
9the child without the written consent of the licensee. When the department, a county
10department, or a child welfare agency issues a license to operate a foster home or
11treatment foster home
, the department, county department, or child welfare agency
12shall notify the licensee of that confidentiality requirement. A person licensed to
13operate a foster home or a treatment foster home may consent to the disclosure of his
14or her full name and address to the parent or guardian of a child placed in the person's
15care or to an adult relative of the child by submitting a signed and dated statement
16to the department, county department, or child welfare agency stating the name of
17the child and indicating that the person consents to the disclosure of that information
18to the parent, guardian, or other adult relative. Consent under this subsection shall
19be given individually with respect to each child in the care of a licensee, except that
20a licensee may provide one consent covering all members of a sibling group in the care
21of the licensee.
AB722, s. 29 22Section 29. 48.64 (4) (a) of the statutes, as affected by 2009 Wisconsin Act 81,
23section 6, is renumbered 48.64 (4) (a) 1. and amended to read:
AB722,23,1624 48.64 (4) (a) 1. Any decision or order issued by an agency that affects the head
25of a foster home, treatment foster home, or group home, the head of the home of a

1relative other than a parent in which a child is placed, or the child involved may be
2appealed to the department under fair hearing procedures established under rules
3promulgated by the department. Upon receipt of an appeal, the department shall
4give the head of the home reasonable notice and an opportunity for a fair hearing.
5The department may make such any additional investigation as the department
6considers necessary. The department shall give notice of the hearing to the head of
7the home and to the departmental subunit, county department, or child welfare
8agency that issued the decision or order. Each person receiving notice of the hearing
9is entitled to be represented at the hearing. At all hearings conducted under this
10paragraph, the head of the home, or a representative of the head of the home, shall
11have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all
12documents and records to be used at the hearing at a reasonable time before the date
13of the hearing as well as during the hearing, to bring witnesses, to establish all
14pertinent facts and circumstances, and to question or refute any testimony or
15evidence, including an opportunity to confront and cross-examine adverse
16witnesses.
AB722,24,7 173. The department shall grant a continuance for a reasonable period of time
18when an issue is raised for the first time during a hearing. This requirement may
19be waived with the consent of the parties. The decision of the department shall be
20based exclusively on evidence introduced at the hearing. A transcript of testimony
21and exhibits, or an official report containing the substance of what transpired at the
22hearing, together with all papers and requests filed in the proceeding, and the
23findings of the hearing examiner shall constitute the exclusive record for decision by
24the department. The department shall make the record available at any reasonable
25time and at an accessible place to the head of the home or his or her representative.

1Decisions by the department shall specify the reasons for the decision and identify
2the supporting evidence. No person participating in an agency action being appealed
3may participate in the final administrative decision on that action. The department
4shall render its decision as soon as possible after the hearing and shall send a
5certified copy of its decision to the head of the home and to the departmental subunit,
6county department or child welfare agency that issued the decision or order. The
7decision shall be binding on all parties concerned.
AB722, s. 30 8Section 30. 48.64 (4) (a) of the statutes, as affected by 2009 Wisconsin Act 81,
9section 6m, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
AB722,24,2010 48.64 (4) (a) 1. Any decision or order issued by an agency that affects the head
11of a foster home or group home, the head of the home of a relative other than a parent
12in which a child is placed, or the child involved may be appealed to the department
13under fair hearing procedures established under rules promulgated by the
14department. Upon receipt of an appeal, the department shall give the head of the
15home reasonable notice and an opportunity for a fair hearing. The department may
16make any additional investigation as the department considers necessary. The
17department shall give notice of the hearing to the head of the home and to the
18departmental subunit, county department, or child welfare agency that issued the
19decision or order. Each person receiving notice of the hearing is entitled to be
20represented at the hearing.
AB722,25,1121 2. The head of a foster or group home or the head of the home of a relative other
22than a parent who receives notice of intent to remove the child under sub. (1m) and
23who requests a hearing under subd. 1. is a party to the proceeding under this
24paragraph and, as a party, shall have the right to be heard, to be represented by
25counsel, to request an examination or assessment of the child as provided in s. 48.295

1by an expert of his or her own choosing, to present evidence relative to the issue of
2placement, including expert testimony, to confront and cross-examine witnesses,
3and to make alternative placement recommendations. In addition, counsel for the
4head of the foster or group home or for the head of the home of the relative other than
5a parent may, notwithstanding s. 48.78 (2) (a), inspect and obtain copies of all records
6relating to the child as provided under s. 48.293. If counsel for the head of the foster
7or group home or for the head of the home of the relative other than a parent discloses
8a record to the head of the foster or group home or to the head of the home of the
9relative other than a parent, counsel shall advise him or her that the information
10contained in the record is confidential and may be disclosed only for the purpose of
11participating in the proceeding under this paragraph.
AB722,26,212 3. The department shall grant a continuance for a reasonable period of time
13when an issue is raised for the first time during a hearing. This requirement may
14be waived with the consent of the parties. The decision of the department shall be
15based exclusively on evidence introduced at the hearing. A transcript of testimony
16and exhibits, or an official report containing the substance of what transpired at the
17hearing, together with all papers and requests filed in the proceeding, and the
18findings of the hearing examiner shall constitute the exclusive record for decision by
19the department. The department shall make the record available at any reasonable
20time and at an accessible place to the head of the home or his or her representative.
21Decisions by the department shall specify the reasons for the decision and identify
22the supporting evidence. No person participating in an agency action being appealed
23may participate in the final administrative decision on that action. The department
24shall render its decision as soon as possible after the hearing and shall send a
25certified copy of its decision to the head of the home and to the departmental subunit,

1county department or child welfare agency that issued the decision or order. The
2decision shall be binding on all parties concerned.
AB722, s. 31 3Section 31. 48.64 (4) (a) 2. of the statutes is created to read:
AB722,26,204 48.64 (4) (a) 2. The head of a foster, treatment foster, or group home or the head
5of the home of a relative other than a parent who receives notice of intent to remove
6the child under sub. (1m) and who requests a hearing under subd. 1. is a party to the
7proceeding under this paragraph and, as a party, shall have the right to be heard, to
8be represented by counsel, to request an examination or assessment of the child as
9provided in s. 48.295 by an expert of his or her own choosing, to present evidence
10relative to the issue of placement, including expert testimony, to confront and
11cross-examine witnesses, and to make alternative placement recommendations. In
12addition, counsel for the head of the foster, treatment foster, or group home or for the
13head of the home of the relative other than a parent may, notwithstanding s. 48.78
14(2) (a), inspect and obtain copies of all records relating to the child as provided under
15s. 48.293. If counsel for the head of the foster, treatment foster, or group home or for
16the head of the home of the relative other than a parent discloses a record to the head
17of the foster, treatment foster, or group home or to the head of the home of the relative
18other than a parent, counsel shall advise him or her that the information contained
19in the record is confidential and may be disclosed only for the purpose of participating
20in the proceeding under this paragraph.
AB722, s. 32 21Section 32. 48.64 (4) (c) of the statutes, as affected by 2009 Wisconsin Act 81,
22section 7, is renumbered 48.64 (4) (c) 1. and amended to read:
AB722,27,423 48.64 (4) (c) 1. The circuit court for the county where the dispositional order
24placing a child in a foster home, treatment foster home, or group home or in the home
25of a relative other than a parent was entered or the voluntary agreement under s.

148.63 placing a child in a foster home, treatment foster home, or group home was
2made has jurisdiction upon petition of any interested party over the child who is
3placed in the foster home, treatment foster home, group home, or home of the
4relative. The
AB722,27,10 52. Subject to subd. 3., the circuit court may call a hearing, at which the head
6of the home and the supervising agency under sub. (2) shall be present, for the
7purpose of reviewing any decision or order of that agency involving the placement
8and care of the child. If the child has been placed in a foster home or in the home of
9a relative other than a parent, the foster parent or relative may present relevant
10evidence at the hearing.
AB722,27,12 114. The petitioner has the burden of proving by clear and convincing evidence
12that the decision or order issued by the agency is not in the best interests of the child.
AB722, s. 33 13Section 33. 48.64 (4) (c) of the statutes, as affected by 2009 Wisconsin Act 81,
14section 7m, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
AB722,27,2015 48.64 (4) (c) 1. The circuit court for the county where the dispositional order
16placing a child in a foster home or group home or in the home of a relative other than
17a parent was entered or the voluntary agreement under s. 48.63 placing a child in
18a foster home or group home was made has jurisdiction upon petition of any
19interested party over the child who is placed in the foster home, group home, or home
20of the relative.
AB722,28,221 2. Subject to subd. 3., the circuit court may call a hearing, at which the head
22of the home and the supervising agency under sub. (2) shall be present, for the
23purpose of reviewing any decision or order of that agency involving the placement
24and care of the child. If the child has been placed in a foster home or in the home of

1a relative other than a parent, the foster parent or relative may present relevant
2evidence at the hearing.
AB722,28,233 3. If the head of a foster or group home or the head of the home of a relative other
4than a parent who receives notice of intent to remove the child under sub. (1m)
5petitions for a hearing under this paragraph, the circuit court shall call a hearing,
6at which the head of the foster or group home, or the head of the home of the relative
7other than a parent, and the supervising agency under sub. (2) shall be present, for
8the purpose of reviewing the decision to remove the child from the home. The head
9of the foster or group home or the head of the home of the relative other than a parent
10is a party to the proceeding under this paragraph and, as a party, shall have the right
11to be heard, to be represented by counsel, to request an examination or assessment
12of the child as provided in s. 48.295 by an expert of his or her own choosing, to present
13evidence relative to the issue of placement, including expert testimony, to confront
14and cross-examine witnesses, and to make alternative placement
15recommendations. In addition, counsel for the head of the foster or group home or
16for the head of the home of the relative other than a parent may, notwithstanding s.
1748.78 (2) (a), inspect and obtain copies of all records relating to the child as provided
18under s. 48.293. If counsel for the head of the foster or group home or for the head
19of the home of the relative other than a parent discloses a record to the head of the
20foster or group home or to the head of the home of the relative other than a parent,
21counsel shall advise him or her that the information contained in the record is
22confidential and may be disclosed only for the purpose of participating in the
23proceeding under this paragraph.
AB722,28,2524 4. The petitioner has the burden of proving by clear and convincing evidence
25that the decision or order issued by the agency is not in the best interests of the child.
AB722, s. 34
1Section 34. 48.64 (4) (c) 3. of the statutes is created to read:
AB722,29,232 48.64 (4) (c) 3. If the head of a foster, treatment foster, or group home or the head
3of the home of a relative other than a parent who receives notice of intent to remove
4the child under sub. (1m) petitions for a hearing under this paragraph, the circuit
5court shall call a hearing, at which the head of the foster, treatment foster, or group
6home, or the head of the home of the relative other than a parent, and the supervising
7agency under sub. (2) shall be present, for the purpose of reviewing the decision to
8remove the child from the home. The head of the foster, treatment foster, or group
9home or the head of the home of the relative other than a parent is a party to the
10proceeding under this paragraph and, as a party, shall have the right to be heard, to
11be represented by counsel, to request an examination or assessment of the child as
12provided in s. 48.295 by an expert of his or her own choosing, to present evidence
13relative to the issue of placement, including expert testimony, to confront and
14cross-examine witnesses, and to make alternative placement recommendations. In
15addition, counsel for the head of the foster, treatment foster, or group home or for the
16head of the home of the relative other than a parent may, notwithstanding s. 48.78
17(2) (a), inspect and obtain copies of all records relating to the child as provided under
18s. 48.293. If counsel for the head of the foster, treatment foster, or group home or for
19the head of the home of the relative other than a parent discloses a record to the head
20of the foster, treatment foster, or group home or to the head of the home of the relative
21other than a parent, counsel shall advise him or her that the information contained
22in the record is confidential and may be disclosed only for the purpose of participating
23in the proceeding under this paragraph.
AB722, s. 35 24Section 35. 48.78 (2) (a) of the statutes is amended to read:
AB722,30,5
148.78 (2) (a) No agency may make available for inspection or disclose the
2contents of any record kept or information received about an individual in its care
3or legal custody, except as provided under s. 48.357 (2r) (b), 48.371, 48.38 (5) (b) or
4(d) or (5m) (d), 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.93, 48.981 (7), 938.51,
5or 938.78 or by order of the court.
AB722, s. 36 6Section 36. 48.78 (2) (ag) of the statutes is amended to read:
AB722,30,137 48.78 (2) (ag) Paragraph (a) does not prohibit an agency from making available
8for inspection or disclosing the contents of a record, upon the request of the parent,
9guardian, or legal custodian of the child who is the subject of the record or upon the
10request of the child, if 14 years of age or over, to the parent, guardian, legal custodian,
11or child, unless the record discloses information that is confidential under s. 48.62
12(3m) or
the agency determines that inspection of the record by the child, parent,
13guardian, or legal custodian would result in imminent danger to anyone.
AB722, s. 37 14Section 37. 48.78 (2) (aj) of the statutes is amended to read:
AB722,30,2515 48.78 (2) (aj) Paragraph (a) does not prohibit an agency from making available
16for inspection or disclosing the contents of a record, upon the request of a parent,
17guardian, or legal custodian of a child expectant mother of an unborn child who is
18the subject of the record, upon the request of an expectant mother of an unborn child
19who is the subject of the record, if 14 years of age or over, or upon the request of an
20unborn child by the unborn child's guardian ad litem to the parent, guardian, legal
21custodian, expectant mother, or unborn child by the unborn child's guardian ad
22litem, unless the record discloses information that is confidential under s. 48.62 (3m)
23or
the agency determines that inspection of the record by the parent, guardian, legal
24custodian, expectant mother, or unborn child by the unborn child's guardian ad litem
25would result in imminent danger to anyone.
AB722, s. 38
1Section 38. 48.78 (2) (am) of the statutes is amended to read:
AB722,31,102 48.78 (2) (am) Paragraph (a) does not prohibit an agency from making
3available for inspection or disclosing the contents of a record, upon the written
4permission of the parent, guardian, or legal custodian of the child who is the subject
5of the record or upon the written permission of the child, if 14 years of age or over,
6to the person named in the permission if the parent, guardian, legal custodian, or
7child specifically identifies the record in the written permission, unless the record
8discloses information that is confidential under s. 48.62 (3m) or
the agency
9determines that inspection of the record by the person named in the permission
10would result in imminent danger to anyone.
AB722, s. 39 11Section 39. 48.78 (2) (ap) of the statutes is amended to read:
AB722,31,2212 48.78 (2) (ap) Paragraph (a) does not prohibit an agency from making available
13for inspection or disclosing the contents of a record, upon the written permission of
14the parent, guardian, or legal custodian of a child expectant mother of an unborn
15child who is the subject of the record, or of an expectant mother of an unborn child
16who is the subject of the record, if 14 years of age or over, and of the unborn child by
17the unborn child's guardian ad litem, to the person named in the permission if the
18parent, guardian, legal custodian, or expectant mother, and unborn child by the
19unborn child's guardian ad litem, specifically identify the record in the written
20permission, unless the record discloses information that is confidential under s.
2148.62 (3m) or
the agency determines that inspection of the record by the person
22named in the permission would result in imminent danger to anyone.
AB722, s. 40 23Section 40. 48.834 (title) of the statutes is amended to read:
AB722,32,3
148.834 (title) Placement of children with relatives, physical
2custodians,
or siblings for adoption by the department, county
3departments, and child welfare agencies.
AB722, s. 41 4Section 41. 48.834 (1) of the statutes is amended to read:
AB722,32,105 48.834 (1) Placement with relatives. Before Subject to sub. (1m), before
6placing a child for adoption under s. 48.833, the department, county department
7under s. 48.57 (1) (e) or (hm), or child welfare agency making the placement shall
8consider the availability of a placement for adoption with a relative of the child who
9is identified in the child's permanency plan under s. 48.38 or 938.38 or who is
10otherwise known by the department, county department, or child welfare agency.
AB722, s. 42 11Section 42. 48.834 (1m) of the statutes is created to read:
AB722,32,1912 48.834 (1m) Placement with physical custodians. Before placing for adoption
13under s. 48.833 a child who has been placed in the home of a foster parent, treatment
14foster parent, or other physical custodian described in s. 48.62 (2) for 6 months or
15more, the department, county department under s. 48.57 (1) (e) or (hm), or child
16welfare agency making the placement shall first consider the availability of a
17placement for adoption with that foster parent, treatment foster parent, or other
18physical custodian before considering the availability of a placement for adoption
19with a relative under sub. (1).
AB722, s. 43 20Section 43. 48.834 (1m) of the statutes, as created by 2009 Wisconsin Act ....
21(this act), is amended to read:
AB722,33,422 48.834 (1m) Placement with physical custodians. Before placing for adoption
23under s. 48.833 a child who has been placed in the home of a foster parent, treatment
24foster parent,
or other physical custodian described in s. 48.62 (2) for 6 months or
25more, the department, county department under s. 48.57 (1) (e) or (hm), or child

1welfare agency making the placement shall first consider the availability of a
2placement for adoption with that foster parent, treatment foster parent, or other
3physical custodian before considering the availability of a placement for adoption
4with a relative under sub. (1).
AB722, s. 44 5Section 44. 938.293 (2) of the statutes is amended to read:
AB722,33,206 938.293 (2) Records relating to juvenile. All records relating to a juvenile
7which are relevant to the subject matter of a proceeding under this chapter shall be
8open to inspection by a guardian ad litem or counsel for any party or by counsel for
9any foster parent, treatment foster parent, or other physical custodian described in
10s. 938.357 (2r) (b)
, upon demand and upon presentation of releases where when
11necessary, at least 48 96 hours before the proceeding. Persons entitled to inspect the
12records may obtain copies of the records with the permission of the custodian of the
13records or with the permission of the court. The court may instruct counsel not to
14disclose specified items in the materials records to the juvenile or, the parent, or the
15juvenile's foster parent, treatment foster parent, or other physical custodian
16described in s. 938.357 (2r) (b)
if the court reasonably believes that the disclosure
17would be harmful to the interests of the juvenile. Section 971.23 shall be applicable
18in all delinquency proceedings under this chapter, except that the court shall
19establish the timetable for the disclosures required under. s. 971.23 (1), (2m), (8), and
20(9).
AB722, s. 45 21Section 45. 938.293 (2) of the statutes, as affected by 2009 Wisconsin Act ....
22(this act), is repealed and recreated to read:
AB722,34,1023 938.293 (2) Records relating to juvenile. All records relating to a juvenile
24shall be open to inspection by a guardian ad litem or counsel for any party or by
25counsel for any foster parent or other physical custodian described in s. 938.357 (2r)

1(b), upon demand and upon presentation of releases when necessary, at least 96
2hours before the proceeding. Persons entitled to inspect the records may obtain
3copies of the records with the permission of the custodian of the records or with the
4permission of the court. The court may instruct counsel not to disclose specified
5items in the records to the juvenile, the parent, or the juvenile's foster parent or other
6physical custodian described in s. 938.357 (2r) (b) if the court reasonably believes
7that the disclosure would be harmful to the interests of the juvenile. Section 971.23
8shall be applicable in all delinquency proceedings under this chapter, except that the
9court shall establish the timetable for the disclosures required under. s. 971.23 (1),
10(2m), (8), and (9).
AB722, s. 46 11Section 46. 938.295 (1) (b) of the statutes is amended to read:
AB722,34,1612 938.295 (1) (b) The court shall hear any objections by the juvenile and, the
13juvenile's parents, guardian, or legal custodian, or the juvenile's foster parent,
14treatment foster parent, or other physical custodian described in s. 938.357 (2r) (b)

15to the request under par. (a) for an examination or assessment before ordering the
16examination or assessment.
AB722, s. 47 17Section 47. 938.295 (1) (b) of the statutes, as affected by 2009 Wisconsin Act
18.... (this act), is repealed and recreated to read:
AB722,34,2219 938.295 (1) (b) The court shall hear any objections by the juvenile, the juvenile's
20parents, guardian, or legal custodian, or the juvenile's foster parent or other physical
21custodian described in s. 938.357 (2r) (b) to the request under par. (a) for an
22examination or assessment before ordering the examination or assessment.
AB722, s. 48 23Section 48. 938.295 (3) of the statutes is amended to read:
AB722,35,324 938.295 (3) Objection to a particular professional. If the juvenile or, a
25parent, or the juvenile's foster parent, treatment foster parent, or other physical

1custodian described in s. 938.357 (2r) (b)
objects to a particular physician,
2psychiatrist, licensed psychologist, or other expert, the court shall appoint a different
3physician, psychiatrist, psychologist, or other expert.
AB722, s. 49 4Section 49. 938.295 (3) of the statutes, as affected by 2009 Wisconsin Act ....
5(this act), is repealed and recreated to read:
AB722,35,106 938.295 (3) Objection to a particular professional. If the juvenile, a parent,
7or the juvenile's foster parent or other physical custodian described in s. 938.357 (2r)
8(b) objects to a particular physician, psychiatrist, licensed psychologist, or other
9expert, the court shall appoint a different physician, psychiatrist, psychologist, or
10other expert.
AB722, s. 50 11Section 50. 938.33 (5) of the statutes is amended to read:
AB722,36,212 938.33 (5) Identity of foster parent or treatment foster parent;
13confidentiality.
If the report recommends placement in a foster home or a treatment
14foster home, and the name of the foster parent or treatment foster parent is not
15available at the time the report is filed, the agency shall provide the court and the
16juvenile's parent or guardian
with the name and address of the foster parent or
17treatment foster parent within 21 days after the dispositional order is entered. If the
18foster parent or treatment foster parent has consented under s. 48.62 (3m) to the
19disclosure of that information to the juvenile's parent or guardian or to any other
20adult relative of the juvenile, the agency shall also provide that information to that
21parent, guardian, or adult relative within those 21 days
, except that the court may
22order the information withheld from the juvenile's that parent or, guardian, or adult
23relative
if the court finds that disclosure would result in imminent danger to the
24juvenile or to the foster parent or treatment foster parent. After notifying the

1juvenile's that parent or, guardian, or adult relative, the court shall hold a hearing
2prior to ordering the information withheld.
AB722, s. 51 3Section 51. 938.33 (5) of the statutes, as affected by 2009 Wisconsin Acts 28
4and .... (this act), is repealed and recreated to read:
AB722,36,165 938.33 (5) Identity of foster parent; confidentiality. If the report
6recommends placement in a foster home and the name of the foster parent is not
7available at the time the report is filed, the agency shall provide the court with the
8name and address of the foster parent within 21 days after the dispositional order
9is entered. If the foster parent has consented under s. 48.62 (3m) to the disclosure
10of that information to the juvenile's parent or guardian or to any other adult relative
11of the juvenile, the agency shall also provide that information to that parent,
12guardian, or adult relative within those 21 days, except that the court may order the
13information withheld from that parent, guardian, or adult relative if the court finds
14that disclosure would result in imminent danger to the juvenile or to the foster
15parent. After notifying that parent, guardian, or adult relative, the court shall hold
16a hearing prior to ordering the information withheld.
AB722, s. 52 17Section 52. 938.355 (2) (b) 2. of the statutes is amended to read:
AB722,37,918 938.355 (2) (b) 2. If the juvenile is placed outside the home, the name of the
19place or facility, including transitional placements, where the juvenile shall will be
20cared for or treated, except that if the placement is a foster home or treatment foster
21home and the name and address of the foster parent or treatment foster parent is not
22available at the time of the order, the name and address of the foster parent or
23treatment foster parent shall be furnished to the court and the parent within 21 days
24of the order. If the foster parent or treatment foster parent has consented under s.
2548.62 (3m) to the disclosure of that information to the juvenile's parent or guardian

1or to any other adult relative of the juvenile, the agency shall also provide that
2information to that parent, guardian, or adult relative within those 21 days, except
3that the judge may order that information to be withheld from that parent, guardian,
4or adult relative as provided in this subdivision.
If, after a hearing on the issue with
5due notice to the parent or, guardian, or adult relative, the court finds that disclosure
6of the identity of the foster parent or treatment foster parent would result in
7imminent danger to the juvenile, the foster parent, or the treatment foster parent,
8the court may order the name and address of the prospective foster parents or
9treatment foster parents withheld from the parent or, guardian, or adult relative.
AB722, s. 53 10Section 53. 938.355 (2) (b) 2. of the statutes, as affected by 2009 Wisconsin Acts
1128
and .... (this act), is repealed and recreated to read:
AB722,38,212 938.355 (2) (b) 2. If the juvenile is placed outside the home, the name of the
13place or facility, including transitional placements, where the juvenile will be cared
14for or treated, except that if the placement is a foster home and the name and address
15of the foster parent is not available at the time of the order, the name and address
16of the foster parent shall be furnished to the court within 21 days of the order. If the
17foster parent has consented under s. 48.62 (3m) to the disclosure of that information
18to the juvenile's parent or guardian or to any other adult relative of the juvenile, the
19agency shall also provide that information to that parent, guardian, or adult relative
20within those 21 days, except that the judge may order that information to be withheld
21from that parent, guardian, or adult relative as provided in this subdivision. If, after
22a hearing on the issue with due notice to the parent, guardian, or adult relative, the
23court finds that disclosure of the identity of the foster parent would result in
24imminent danger to the juvenile or the foster parent, the court may order the name

1and address of the prospective foster parents withheld from the parent, guardian, or
2adult relative.
AB722, s. 54 3Section 54. 938.357 (1) (am) 1. of the statutes, as affected by 2009 Wisconsin
4Act 94
, section 346, is amended to read:
AB722,38,185 938.357 (1) (am) 1. If the proposed change in placement involves any change
6in placement other than a change in placement under par. (c), the person or agency
7primarily responsible for implementing the dispositional order or the district
8attorney shall cause written notice of the proposed change in placement to be sent
9to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any
10foster parent, treatment foster parent, or other physical custodian described in s.
1148.62 (2) of the juvenile. If the juvenile is an Indian juvenile who has been removed
12from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m),
13or (7), written notice shall also be sent to the Indian juvenile's Indian custodian and
14tribe. The notice shall contain the name and address of the new placement, the
15reasons for the change in placement, a statement describing why the new placement
16is preferable to the present placement would be in the best interests of the juvenile,
17and a statement of how the new placement satisfies objectives of the treatment plan
18ordered by the court.
AB722, s. 55 19Section 55. 938.357 (1) (am) 1. of the statutes, as affected by 2009 Wisconsin
20Act 94
, section 347, and 2009 Wisconsin Act .... (this act), is repealed and recreated
21to read:
AB722,39,922 938.357 (1) (am) 1. If the proposed change in placement involves any change
23in placement other than a change in placement under par. (c), the person or agency
24primarily responsible for implementing the dispositional order or the district
25attorney shall cause written notice of the proposed change in placement to be sent

1to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any
2foster parent or other physical custodian described in s. 48.62 (2) of the juvenile. If
3the juvenile is an Indian juvenile who has been removed from the home of his or her
4parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall
5also be sent to the Indian juvenile's Indian custodian and tribe. The notice shall
6contain the name and address of the new placement, the reasons for the change in
7placement, a statement describing why the new placement would be in the best
8interests of the juvenile, and a statement of how the new placement satisfies
9objectives of the treatment plan ordered by the court.
AB722, s. 56 10Section 56. 938.357 (1) (am) 2. of the statutes, as affected by 2009 Wisconsin
11Act 94
, section 349, is amended to read:
AB722,39,2412 938.357 (1) (am) 2. Any person receiving the notice under subd. 1. or notice of
13a specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain
14a hearing on the matter by filing an objection with the court within 10 days after
15receipt of the notice. Placements may not be changed until 10 days after that notice
16is sent to the court unless the parent, guardian, legal custodian, or Indian custodian,
17the juvenile, if 12 or more years of age, and the juvenile's tribe, if the juvenile is an
18Indian juvenile who has been removed from the home of his or her parent or Indian
19custodian under s. 938.13 (4), (6), (6m), or (7), sign written waivers of objection,
20except that changes in placement that were authorized in the dispositional order
21may be made immediately if notice is given as required under subd. 1. In addition,
22a hearing is not required for placement changes authorized in the dispositional order
23except when an objection filed by a person who received notice alleges that new
24information is available that affects the advisability of the court's dispositional order.
AB722, s. 57
1Section 57. 938.357 (1) (am) 2. of the statutes, as affected by 2009 Wisconsin
2Act 94
, section 350, and 2009 Wisconsin Act .... (this act), is repealed and recreated
3to read:
AB722,40,164 938.357 (1) (am) 2. Any person receiving the notice under subd. 1. or notice of
5a specific foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the
6matter by filing an objection with the court within 10 days after receipt of the notice.
7Placements may not be changed until 10 days after that notice is sent to the court
8unless the parent, guardian, legal custodian, or Indian custodian, the juvenile, if 12
9or more years of age, and the juvenile's tribe, if the juvenile is an Indian juvenile who
10has been removed from the home of his or her parent or Indian custodian under s.
11938.13 (4), (6), (6m), or (7), sign written waivers of objection, except that changes in
12placement that were authorized in the dispositional order may be made immediately
13if notice is given as required under subd. 1. In addition, a hearing is not required for
14placement changes authorized in the dispositional order except when an objection
15filed by a person who received notice alleges that information is available that affects
16the advisability of the court's dispositional order.
AB722, s. 58 17Section 58. 938.357 (1) (am) 2r. of the statutes is created to read:
AB722,40,2418 938.357 (1) (am) 2r. In the case of a juvenile who has been placed in the home
19of a foster parent, treatment foster parent, or other physical custodian for 6 months
20or more, if a hearing is held on a proposed change in placement of such a juvenile to
21another placement outside the home, the court shall consider as paramount the best
22interests of the juvenile in determining whether to continue placement of the
23juvenile in his or her current placement or to change the juvenile's placement to the
24proposed change in placement.
AB722, s. 59
1Section 59. 938.357 (1) (am) 2r. of the statutes, as created by 2009 Wisconsin
2Act .... (this act), is amended to read:
AB722,41,93 938.357 (1) (am) 2r. In the case of a juvenile who has been placed in the home
4of a foster parent, treatment foster parent, or other physical custodian for 6 months
5or more, if a hearing is held on a proposed change in placement of such a juvenile to
6another placement outside the home, the court shall consider as paramount the best
7interests of the juvenile in determining whether to continue placement of the
8juvenile in his or her current placement or to change the juvenile's placement to the
9proposed change in placement.
AB722, s. 60 10Section 60. 938.357 (1) (c) 1. of the statutes is amended to read:
AB722,41,2511 938.357 (1) (c) 1. If the proposed change in placement would change the
12placement of a juvenile placed in the home to a placement outside the home, the
13person or agency primarily responsible for implementing the dispositional order or
14the district attorney shall submit a request for the change in placement to the court.
15The request shall contain the name and address of the new placement, the reasons
16for the change in placement, a statement describing why the new placement is
17preferable to the present placement
would be in the best interests of the juvenile, and
18a statement of how the new placement satisfies objectives of the treatment plan
19ordered by the court. The request shall also contain specific information showing
20that continued placement of the juvenile in his or her home would be contrary to the
21welfare of the juvenile and, unless any of the circumstances under s. 938.355 (2d) (b)
221. to 4. applies, specific information showing that the agency primarily responsible
23for implementing the dispositional order has made reasonable efforts to prevent the
24removal of the juvenile from the home, while assuring that the juvenile's health and
25safety are the paramount concerns.
AB722, s. 61
1Section 61. 938.357 (2m) (a) of the statutes, as affected by 2009 Wisconsin Act
294
, is amended to read:
AB722,42,213 938.357 (2m) (a) Request; information required. The juvenile, the parent,
4guardian, or legal custodian of the juvenile, any person or agency primarily bound
5by the dispositional order, other than the person or agency responsible for
6implementing the order, or, if the juvenile is an Indian juvenile who is in need of
7protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
8custodian may request a change in placement under this paragraph. The request
9shall contain the name and address of the new placement requested and shall state
10what new information is available that affects the advisability of the current
11placement and why the new placement would be in the best interests of the juvenile.
12If the proposed change in placement would change the placement of a juvenile placed
13in the juvenile's home to a placement outside the home, the request shall also contain
14specific information showing that continued placement of the juvenile in the
15juvenile's home would be contrary to the welfare of the juvenile and, unless any of
16the circumstances under s. 938.355 (2d) (b) 1. to 4. applies, specific information
17showing that the agency primarily responsible for implementing the dispositional
18order has made reasonable efforts to prevent the removal of the juvenile from the
19home, while assuring that the juvenile's health and safety are the paramount
20concerns. The request shall be submitted to the court. The court may also propose
21a change in placement on its own motion.
AB722, s. 62 22Section 62. 938.357 (2m) (b) of the statutes, as affected by 2009 Wisconsin Act
2394
, section 358, is amended to read:
AB722,43,1524 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 and why the new placement would be in the best interests of the
3child
. A hearing is not required if the requested or proposed change in placement
4does not involve a change in placement of a juvenile placed in the juvenile's home to
5a placement outside the juvenile's home, written waivers of objection to the proposed
6change in placement are signed by all parties entitled to receive notice under this
7paragraph, and the court approves. If a hearing is scheduled, not less than 3 days
8before the hearing the court shall notify the juvenile, the parent, guardian, and legal
9custodian of the juvenile, any foster parent, treatment foster parent, or other
10physical custodian described in s. 48.62 (2) of the juvenile, all parties who are bound
11by the dispositional order, 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. Subject to par. (bm) (br), if all of the parties consent,
15the court may proceed immediately with the hearing.
AB722, s. 63 16Section 63. 938.357 (2m) (b) of the statutes, as affected by 2009 Wisconsin Act
1794
, section 359, and 2009 Wisconsin Act .... (this act), is repealed and recreated to
18read:
AB722,44,1019 938.357 (2m) (b) Hearing; when required. The court shall hold a hearing prior
20to ordering any change in placement requested or proposed under par. (a) if the
21request states that information is available that affects the advisability of the
22current placement and why the new placement would be in the best interests of the
23child. A hearing is not required if the requested or proposed change in placement
24does not involve a change in placement of a juvenile placed in the juvenile's home to
25a placement outside the juvenile's home, written waivers of objection to the proposed

1change in placement are signed by all parties entitled to receive notice under this
2paragraph, and the court approves. If a hearing is scheduled, not less than 3 days
3before the hearing the court shall notify the juvenile, the parent, guardian, and legal
4custodian of the juvenile, any foster parent or other physical custodian described in
5s. 48.62 (2) of the juvenile, all parties who are bound by the dispositional order, and,
6if the 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 and tribe. A copy
8of the request or proposal for the change in placement shall be attached to the notice.
9Subject to par. (br), if all of the parties consent, the court may proceed immediately
10with the hearing.
AB722, s. 64 11Section 64. 938.357 (2m) (bp) of the statutes is created to read:
AB722,44,1812 938.357 (2m) (bp) Placement preference. In the case of a juvenile who has been
13placed in the home of a foster parent, treatment foster parent, or other physical
14custodian for 6 months or more, if a hearing is held on a proposed change in
15placement of such a juvenile to another placement outside the home, the court shall
16consider as paramount the best interests of the juvenile in determining whether to
17continue placement of the juvenile in his or her current placement or to change the
18juvenile's placement to the proposed change in placement.
AB722, s. 65 19Section 65. 938.357 (2m) (bp) of the statutes, as created by 2009 Wisconsin Act
20.... (this act), is amended to read:
AB722,45,221 938.357 (2m) (bp) Placement preference. In the case of a juvenile who has been
22placed in the home of a foster parent, treatment foster parent, or other physical
23custodian for 6 months or more, if a hearing is held on a proposed change in
24placement of such a juvenile to another placement outside the home, the court shall
25consider as paramount the best interests of the juvenile in determining whether to

1continue placement of the juvenile in his or her current placement or to change the
2juvenile's placement to the proposed change in placement.
AB722, s. 66 3Section 66. 938.357 (2r) of the statutes, as affected by 2009 Wisconsin Act 79,
4section 131, is renumbered 938.357 (2r) (a) and amended to read:
AB722,45,175 938.357 (2r) (a) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the
6change in placement would remove a juvenile from a foster home, treatment foster
7home, or other placement with a physical custodian described in s. 48.62 (2) in which
8the juvenile has been placed for less than 6 months
, the court shall give the foster
9parent, treatment foster parent, or other physical custodian a right to be heard at the
10hearing by permitting the foster parent, treatment foster parent, or other physical
11custodian to make a written or oral statement during the hearing or to submit a
12written statement prior to the hearing relating to the juvenile and the requested
13change in placement. A foster parent, treatment foster parent, or other physical
14custodian who receives notice of a hearing under sub. (1) (am) 1. or (2m) (b) and a
15right to be heard under this subsection paragraph does not become a party to the
16proceeding on which the hearing is held solely on the basis of receiving that notice
17and right to be heard.
AB722, s. 67 18Section 67. 938.357 (2r) of the statutes, as affected by 2009 Wisconsin Act 79,
19section 132, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
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