SB288,177,1023 938.357 (2m) (am) Indian juvenile; information required. 1. If the proposed
24change of placement would change the placement of an Indian juvenile placed in the
25home of his or her parent or Indian custodian under s. 938.357 (4), (6), (6m), or (7)

1to a placement outside that home, a request under par. (a) shall also contain specific
2information showing that continued custody of the Indian juvenile by the parent or
3Indian custodian is likely to result in serious emotional or physical damage to the
4juvenile under s. 938.028 (4) (d) 1., specific information showing that active efforts
5under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian
6juvenile's family and that those efforts have proved unsuccessful, a statement as to
7whether the new placement is in compliance with the order of placement preference
8under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b) and, if the new placement
9is not in compliance with that order, specific information showing good cause, as
10described in s. 938.028 (6) (d), for departing from that order.
SB288,177,1811 2. If the proposed change in placement would change the placement of an
12Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m),
13or (7) from a placement outside the home of his or her parent or Indian custodian to
14another placement outside that home, a request under par. (a) shall also contain a
15statement as to whether the new placement is in compliance with the order of
16placement preference under s. 938.028 (6) (a) or if applicable, s. 938.028 (6) (b) and,
17if the new placement is not in compliance with that order, specific information
18showing good cause, as described in s. 938.028 (6) (d), for departing from that order.
SB288, s. 358 19Section 358. 938.357 (2m) (b) of the statutes is amended to read:
SB288,178,1120 938.357 (2m) (b) Hearing; when required. The court shall hold a hearing prior
21to ordering any change in placement requested or proposed under par. (a) if the
22request states that new information is available that affects the advisability of the
23current placement. A hearing is not required if the requested or proposed change in
24placement does not involve a change in placement of a juvenile placed in the
25juvenile's home to a placement outside the juvenile's home, written waivers of

1objection to the proposed change in placement are signed by all parties entitled to
2receive notice under sub. (1) (am) 1. this paragraph, and the court approves. If a
3hearing is scheduled, not less than 3 days before the hearing the court shall notify
4the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster
5parent, treatment foster parent, or other physical custodian described in s. 48.62 (2)
6of the juvenile, and all parties who are bound by the dispositional order at least 3
7days prior to the hearing
, and, if the juvenile is an Indian juvenile who is in need of
8protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
9custodian and tribe
. A copy of the request or proposal for the change in placement
10shall be attached to the notice. If Subject to par. (bm), if all of the parties consent,
11the court may proceed immediately with the hearing.
SB288, s. 359 12Section 359. 938.357 (2m) (b) of the statutes, as affected by 2009 Wisconsin
13Acts 28
and .... (this act), is repealed and recreated to read:
SB288,179,414 938.357 (2m) (b) Hearing; when required. The court shall hold a hearing prior
15to ordering any change in placement requested or proposed under par. (a) if the
16request states that new information is available that affects the advisability of the
17current placement. A hearing is not required if the requested or proposed change in
18placement does not involve a change in placement of a juvenile placed in the
19juvenile's home to a placement outside the juvenile's home, written waivers of
20objection to the proposed change in placement are signed by all parties entitled to
21receive notice under this paragraph, and the court approves. If a hearing is
22scheduled, not less than 3 days before the hearing the court shall notify the juvenile,
23the parent, guardian, and legal custodian of the juvenile, any foster parent or other
24physical custodian described in s. 48.62 (2) of the juvenile, all parties who are bound
25by the dispositional order, and, if the juvenile is an Indian juvenile who is in need of

1protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
2custodian and tribe. A copy of the request or proposal for the change in placement
3shall be attached to the notice. Subject to par. (bm), if all of the parties consent, the
4court may proceed immediately with the hearing.
SB288, s. 360 5Section 360. 938.357 (2m) (bm) of the statutes is created to read:
SB288,179,186 938.357 (2m) (bm) Indian juvenile; notice. If the juvenile is an Indian juvenile
7who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), and if the
8proposed change in placement would change the placement of the Indian juvenile
9from a placement in the home of his or her parent or Indian custodian to a placement
10outside that home, notice under par. (b) to the Indian juvenile's parent, Indian
11custodian, and tribe shall be provided in the manner specified in s. 938.028 (4) (a).
12No hearing on the request or proposal may be held until at least 10 days after receipt
13of the notice by the Indian juvenile's parent, Indian custodian, and tribe or, if the
14identity or location of the Indian juvenile's parent, Indian custodian, or tribe cannot
15be determined, until at least 10 days after receipt of the notice by the U.S. secretary
16of the interior. On request of the Indian juvenile's parent, Indian custodian, or tribe,
17the court shall grant a continuance of up to 20 additional days to enable the requester
18to prepare for the hearing.
SB288, s. 361 19Section 361. 938.357 (2m) (c) of the statutes is renumbered 938.357 (2m) (c)
201. and amended to read:
SB288,180,821 938.357 (2m) (c) Findings required. 1. If the court changes the juvenile's
22placement from a placement in the juvenile's home to a placement outside the
23juvenile's home, the change in placement order shall contain the findings under sub.
24(2v) (a) 1., the applicable order under sub. (2v) (a) 1m., the applicable statement
25under sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances

1under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination
2under sub. (2v) (a) 3. If the court changes the placement of an Indian juvenile who
3is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) from a
4placement in the home of his or her parent or Indian custodian to a placement outside
5that home, the change in placement order shall, in addition, contain the findings
6under sub. (2v) (a) 4. and comply with the order of placement preference under s.
7938.028 (6) (a) or, if applicable, s. 938.028 (6) (b), unless the court finds good cause,
8as described in s. 938.028 (6) (d), for departing from that order.
SB288,180,18 92. If the court changes the juvenile's placement from a placement outside the
10home to another placement outside the home, the change in placement order shall
11contain the applicable order under sub. (2v) (a) 1m. and the applicable statement
12under sub. (2v) (a) 2. If the court changes the placement of an Indian juvenile who
13is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) from a
14placement outside the home of his or her parent or Indian custodian to another
15placement outside that home, the change in placement order shall, in addition,
16comply with the order of placement preference under s. 938.028 (6) (a) or, if
17applicable, s. 938.028 (6) (b), unless the court finds good cause, as described in s.
18938.028 (6) (d), for departing from the order.
SB288, s. 362 19Section 362. 938.357 (2v) (a) 4. of the statutes is created to read:
SB288,181,1020 938.357 (2v) (a) 4. If the change in placement order changes the placement of
21an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6),
22(6m), or (7) from a placement in the home of his or her parent or Indian custodian to
23a placement outside that home, a finding supported by clear and convincing
24evidence, including the testimony of one or more qualified expert witnesses, that
25continued custody of the Indian juvenile by the parent or Indian custodian is likely

1to result in serious emotional or physical damage to the juvenile under s. 938.028 (4)
2(d) 1. and a finding that active efforts under s. 938.028 (4) (d) 2. have been made to
3prevent the breakup of the Indian juvenile's family and that those efforts have
4proved unsuccessful. The findings under this subdivision shall be in addition to the
5findings under subd. 1., except that for the sole purpose of determining whether the
6cost of providing care for an Indian juvenile is eligible for reimbursement under 42
7USC 670
to 679b, the findings under this subdivision and the findings under subd.
81. shall be considered to be the same findings. The findings under this subdivision
9are not required if they were made in a previous order in the proceeding unless a
10change in circumstances warrants new findings.
SB288, s. 363 11Section 363. 938.357 (2v) (c) 1. of the statutes is renumbered 938.357 (2v) (c)
12and amended to read:
SB288,181,1813 938.357 (2v) (c) If the court finds under par. (a) 3. that any of the circumstances
14under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold
15a hearing under s. 938.38 (4m) within 30 days after the date of that finding to
16determine the permanency plan for the juvenile. If a hearing is held under this
17paragraph, the agency responsible for preparing the permanency plan shall file the
18permanency plan with the court at least 5 days before the date of the hearing.
SB288, s. 364 19Section 364. 938.357 (2v) (c) 2. of the statutes, as affected by 2009 Wisconsin
20Act 28
, is repealed.
SB288, s. 365 21Section 365. 938.357 (2v) (c) 3. of the statutes, as affected by 2009 Wisconsin
22Act 28
, is repealed.
SB288, s. 366 23Section 366. 938.363 (1) (a) of the statutes is amended to read:
SB288,182,1324 938.363 (1) (a) A juvenile, the juvenile's parent, guardian, or legal custodian,
25any person or agency bound by a dispositional order, or the district attorney or

1corporation counsel in the county in which the dispositional order was entered or, if
2the juvenile is an Indian juvenile who is in need of protection or services under s.
3938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian
may request a
4revision in the order that does not involve a change in placement, including a revision
5with respect to the amount of child support to be paid by a parent. The court may
6also propose a revision. The request or court proposal shall set forth in detail the
7nature of the proposed revision and what new information is available that affects
8the advisability of the court's disposition. The request or court proposal shall be
9submitted to the court. The court shall hold a hearing on the matter prior to any
10revision of the dispositional order if the request or court proposal indicates that new
11information is available that affects the advisability of the court's dispositional order,
12unless written waivers of objections to the revision are signed by all parties entitled
13to receive notice and the court approves.
SB288, s. 367 14Section 367. 938.363 (1) (b) of the statutes is amended to read:
SB288,183,315 938.363 (1) (b) If a hearing is held, at least 3 days before the hearing the court
16shall notify the juvenile, the juvenile's parent, guardian, and legal custodian, all
17parties bound by the dispositional order, the juvenile's foster parent, treatment
18foster parent, or other physical custodian described in s. 48.62 (2), and the district
19attorney or corporation counsel in the county in which the dispositional order was
20entered at least 3 days prior to the hearing. If the juvenile is an Indian juvenile who
21is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the court shall
22also notify the Indian juvenile's Indian custodian and, if that juvenile is placed
23outside the home of his or her parent or Indian custodian, the Indian juvenile's tribe
.
24A copy of the request or proposal shall be attached to the notice. If all parties consent,
25the court may proceed immediately with the hearing. No revision may extend the

1effective period of the original order, or revise an original order under s. 938.34 (3)
2(f) or (6) (am) to impose more than a total of 30 days of detention, nonsecure custody,
3or inpatient treatment on a juvenile.
SB288, s. 368 4Section 368. 938.363 (1) (b) of the statutes, as affected by 2009 Wisconsin Acts
528
and .... (this act), is repealed and recreated to read:
SB288,183,186 938.363 (1) (b) If a hearing is held, at least 3 days before the hearing the court
7shall notify the juvenile, the juvenile's parent, guardian, and legal custodian, all
8parties bound by the dispositional order, the juvenile's foster parent or other physical
9custodian described in s. 48.62 (2), and the district attorney or corporation counsel
10in the county in which the dispositional order was entered. If the juvenile is an
11Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m),
12or (7), the court shall also notify the Indian juvenile's Indian custodian and, if that
13juvenile is placed outside the home of his or her parent or Indian custodian, the
14Indian juvenile's tribe. A copy of the request or proposal shall be attached to the
15notice. If all parties consent, the court may proceed immediately with the hearing.
16No revision may extend the effective period of the original order, or revise an original
17order under s. 938.34 (3) (f) or (6) (am) to impose more than a total of 30 days of
18detention, nonsecure custody, or inpatient treatment on a juvenile.
SB288, s. 369 19Section 369. 938.365 (1m) of the statutes is amended to read:
SB288,184,520 938.365 (1m) Request for extension. The parent, juvenile, guardian, legal
21custodian, any person or agency bound by the dispositional order, the district
22attorney or corporation counsel in the county in which the dispositional order was
23entered, or the court on its own motion, or, if the juvenile is an Indian juvenile who
24is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian
25juvenile's Indian custodian
may request an extension of an order under s. 938.355.

1The request shall be submitted to the court which that entered the order. An order
2under s. 938.355 for placement of a juvenile in detention, nonsecure custody, or
3inpatient treatment under s. 938.34 (3) (f) or (6) (am) may not be extended. Other
4orders or portions of orders under s. 938.355 may be extended only as provided in this
5section.
SB288, s. 370 6Section 370. 938.365 (2) of the statutes is amended to read:
SB288,184,177 938.365 (2) Notice. No order may be extended without a hearing. The court
8shall notify provide notice of the time and place of the hearing to the juvenile or the
9juvenile's guardian ad litem or counsel, the juvenile's parent, guardian, and legal
10custodian, all of the parties present at the original hearing, the juvenile's foster
11parent, treatment foster parent, or other physical custodian described in s. 48.62 (2),
12and the district attorney or corporation counsel in the county in which the
13dispositional order was entered of the time and place of the hearing. If the juvenile
14is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6),
15(6m), or (7), the court shall also notify the Indian juvenile's Indian custodian and, if
16that juvenile is placed outside the home of his or her parent or Indian custodian, the
17Indian juvenile's tribe
.
SB288, s. 371 18Section 371. 938.365 (2) of the statutes, as affected by 2009 Wisconsin Acts
1928
and .... (this act), is repealed and recreated to read:
SB288,185,420 938.365 (2) Notice. No order may be extended without a hearing. The court
21shall provide notice of the time and place of the hearing to the juvenile or the
22juvenile's guardian ad litem or counsel, the juvenile's parent, guardian, and legal
23custodian, all of the parties present at the original hearing, the juvenile's foster
24parent or other physical custodian described in s. 48.62 (2), and the district attorney
25or corporation counsel in the county in which the dispositional order was entered.

1If the juvenile is an Indian juvenile who is in need of protection or services under s.
2938.13 (4), (6), (6m), or (7), the court shall also notify the Indian juvenile's Indian
3custodian and, if that juvenile is placed outside the home of his or her parent or
4Indian custodian, the Indian juvenile's tribe.
SB288, s. 372 5Section 372. 938.365 (2g) (b) 4. of the statutes is created to read:
SB288,185,106 938.365 (2g) (b) 4. If the juvenile is an Indian juvenile who is placed outside
7the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7),
8specific information showing that active efforts under s. 938.028 (4) (d) 2. have been
9made to prevent the breakup of the Indian juvenile's family and that those efforts
10have proved unsuccessful.
SB288, s. 373 11Section 373. 938.365 (2m) (a) 1. of the statutes is amended to read:
SB288,185,2312 938.365 (2m) (a) 1. Any party may present evidence relevant to the issue of
13extension. If the juvenile is placed outside of his or her home, the person or agency
14primarily responsible for providing services to the juvenile shall present as evidence
15specific information showing that the person or agency has made reasonable efforts
16to achieve the goal of the juvenile's permanency plan, unless return of the juvenile
17to the home is the goal of the permanency plan and any of the circumstances under
18s. 938.355 (2d) (b) 1. to 4. applies. If an Indian juvenile is placed outside the home
19of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the person
20or agency primarily responsible for providing services to the Indian juvenile shall
21also present as evidence specific information showing that active efforts under s.
22938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's
23family and that those efforts have proved unsuccessful.
SB288,186,9 241m. The court shall make findings of fact and conclusions of law based on the
25evidence. The findings of fact shall include a finding as to whether reasonable efforts

1were made by the agency primarily responsible for providing services to the juvenile
2to achieve the goal of the juvenile's permanency plan, unless return of the juvenile
3to the home is the goal of the permanency plan and the court finds that any of the
4circumstances under s. 938.355 (2d) (b) 1. to 4. applies. If the juvenile is an Indian
5juvenile who is placed outside the home of his or her parent or Indian custodian
6under s. 938.13 (4), (6), (6m), or (7), the findings of fact shall also include a finding
7that active efforts under s. 938.028 (4) (d) 2. were made to prevent the breakup of the
8Indian juvenile's family and that those efforts have proved unsuccessful.
An order
9shall be issued under s. 938.355.
SB288, s. 374 10Section 374. 938.365 (2m) (a) 3. of the statutes is amended to read:
SB288,186,1911 938.365 (2m) (a) 3. The court shall make the findings under subd. 1. 1m.
12relating to reasonable efforts to achieve the goal of the juvenile's permanency plan
13and the findings under subd. 2. on a case-by-case basis based on circumstances
14specific to the juvenile and shall document or reference the specific information on
15which those findings are based in the order issued under s. 938.355. An order that
16merely references subd. 1. 1m. or 2. without documenting or referencing that specific
17information in the order or an amended order that retroactively corrects an earlier
18order that does not comply with this subdivision is not sufficient to comply with this
19subdivision.
SB288, s. 375 20Section 375. 938.365 (2m) (ad) 1. of the statutes is renumbered 938.365 (2m)
21(ad) and amended to read:
SB288,187,222 938.365 (2m) (ad) If the court finds that any of the circumstances under s.
23938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
24under s. 938.38 (4m) within 30 days after the date of that finding to determine the
25permanency plan for the juvenile. If a hearing is held under this subdivision, the

1agency responsible for preparing the permanency plan shall file the permanency
2plan with the court not less than 5 days before the date of the hearing.
SB288, s. 376 3Section 376. 938.365 (2m) (ad) 2. of the statutes, as affected by 2009 Wisconsin
4Act 28
, is repealed.
SB288, s. 377 5Section 377. 938.365 (2m) (ag) of the statutes is amended to read:
SB288,187,156 938.365 (2m) (ag) The court shall give a foster parent, treatment foster parent,
7or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
8par. (ad) 2. or sub. (2) an opportunity to be heard at the hearing by permitting the
9foster parent, treatment foster parent, or other physical custodian to make a written
10or oral statement during the hearing, or to submit a written statement prior to the
11hearing, relevant to the issue of extension. A foster parent, treatment foster parent,
12or other physical custodian who receives notice of a hearing under par. (ad) 2. or sub.
13(2) and an opportunity to be heard under this paragraph does not become a party to
14the proceeding on which the hearing is held solely on the basis of receiving that notice
15and having the opportunity to be heard.
SB288, s. 378 16Section 378. 938.365 (2m) (ag) of the statutes, as affected by 2009 Wisconsin
17Acts 28
and .... (this act), is repealed and recreated to read:
SB288,188,218 938.365 (2m) (ag) The court shall give a foster parent or other physical
19custodian described in s. 48.62 (2) who is notified of a hearing under sub. (2) an
20opportunity to be heard at the hearing by permitting the foster parent or other
21physical custodian to make a written or oral statement during the hearing, or to
22submit a written statement prior to the hearing, relevant to the issue of extension.
23A foster parent or other physical custodian who receives notice of a hearing under
24sub. (2) and an opportunity to be heard under this paragraph does not become a party

1to the proceeding on which the hearing is held solely on the basis of receiving that
2notice and having the opportunity to be heard.
SB288, s. 379 3Section 379. 938.38 (3) (intro.) of the statutes is amended to read:
SB288,188,74 938.38 (3) Time. (intro.) Subject to s. 938.355 (2d) (c) 1., the agency shall file
5the permanency plan with the court within 60 days after the date on which the
6juvenile was first removed from his or her home, except under either of the following
7conditions:
SB288, s. 380 8Section 380. 938.38 (4) (i) of the statutes is created to read:
SB288,188,119 938.38 (4) (i) If the juvenile is an Indian juvenile who is placed outside the home
10of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), all of the
11following:
SB288,188,1312 1. The name, address, and telephone number of the Indian juvenile's Indian
13custodian and tribe.
SB288,188,1614 2. A description of the remedial services and rehabilitation programs offered
15under s. 938.028 (4) (d) 2. in an effort to prevent the breakup of the Indian juvenile's
16family.
SB288,188,2117 3. A statement as to whether the Indian juvenile's placement is in compliance
18with the order of placement preference under s. 938.028 (6) (a) or, if applicable, s.
19938.028 (6) (b) and, if the placement is not in compliance with that order, a statement
20as to whether there is good cause, as described in s. 938.028 (6) (d), for departing from
21that order.
SB288, s. 381 22Section 381. 938.38 (4m) of the statutes is created to read:
SB288,189,423 938.38 (4m) Permanency plan determination hearing. (a) If in a proceeding
24under s. 938.21, 938.32, 938.355, 938.357, or 938.365 the court finds that any of the
25circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent,

1the court shall hold a hearing within 30 days after the date of that finding to
2determine the permanency plan for the juvenile. If a hearing is held under this
3paragraph, the agency responsible for preparing the permanency plan shall file the
4permanency plan with the court not less than 5 days before the hearing.
SB288,189,105 (b) At least 10 days before the hearing the court shall notify the juvenile, any
6parent, guardian, and legal custodian of the juvenile, any foster parent, treatment
7foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile and,
8if the juvenile is an Indian juvenile who is or is alleged to be in need of protection or
9services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian
10and tribe of the time, place, and purpose of the hearing.
SB288,189,1811 (c) The court shall give a foster parent, treatment foster parent, or other
12physical custodian described in s. 48.62 (2) who is notified of a hearing under par. (b)
13a right to be heard at the hearing by permitting the foster parent, treatment foster
14parent, or other physical custodian to make a written or oral statement during the
15hearing, or to submit a written statement prior to the hearing, relevant to the issues
16to be determined at the hearing. The foster parent, treatment foster parent, or other
17physical custodian does not become a party to the proceeding on which the hearing
18is held solely on the basis of receiving that notice and right to be heard.
SB288, s. 382 19Section 382. 938.38 (4m) (b) and (c) of the statutes, as created by 2009
20Wisconsin Act .... (this act), are amended to read:
SB288,190,221 938.38 (4m) (b) At least 10 days before the hearing the court shall notify the
22juvenile, any parent, guardian, and legal custodian of the juvenile, any foster parent,
23treatment foster parent,
or other physical custodian described in s. 48.62 (2) of the
24juvenile and, if the juvenile is an Indian juvenile who is or is alleged to be in need

1of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's
2Indian custodian and tribe of the time, place, and purpose of the hearing.
SB288,190,103 (c) 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)
5a right to be heard at the hearing by permitting the foster parent , treatment foster
6parent,
or other physical custodian to make a written or oral statement during the
7hearing, or to submit a written statement prior to the hearing, relevant to the issues
8to be determined at the hearing. The foster parent, treatment foster parent, or other
9physical custodian does not become a party to the proceeding on which the hearing
10is held solely on the basis of receiving that notice and right to be heard.
SB288, s. 383 11Section 383. 938.38 (5) (b) of the statutes is amended to read:
SB288,191,312 938.38 (5) (b) The court or the agency shall notify the parents of the juvenile,
13the juvenile, if he or she is 10 years of age or older, and; the juvenile's parent,
14guardian, and legal custodian;
the juvenile's foster parent, the juvenile's treatment
15foster parent, the operator of the facility in which the juvenile is living, or the relative
16with whom the juvenile is living; and, if the juvenile is an Indian juvenile who is
17placed outside the home of his or her parent or Indian custodian under s. 938.13 (4),
18(6), (6m), or (7), the Indian juvenile's Indian custodian and tribe
of the date, time, and
19place of the review, of the issues to be determined as part of the review, and of the
20fact that they may have an opportunity to be heard at the review by submitting
21written comments not less than 10 working days before the review or by
22participating at the review. The court or agency shall notify the person representing
23the interests of the public, the juvenile's counsel, and the juvenile's guardian ad litem
24of the date of the review, of the issues to be determined as part of the review, and of
25the fact that they may submit written comments not less than 10 working days before

1the review. The notices under this paragraph shall be provided in writing not less
2than 30 days before the review and copies of the notices shall be filed in the juvenile's
3case record.
SB288, s. 384 4Section 384. 938.38 (5) (b) of the statutes, as affected by 2009 Wisconsin Acts
528
and .... (this act), is repealed and recreated to read:
SB288,191,216 938.38 (5) (b) The court or the agency shall notify the juvenile, if he or she is
710 years of age or older; the juvenile's parent, guardian, and legal custodian; the
8juvenile's foster parent, the operator of the facility in which the juvenile is living, or
9the relative with whom the juvenile is living; and, if the juvenile is an Indian juvenile
10who is placed outside the home of his or her parent or Indian custodian under s.
11938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the
12date, time, and place of the review, of the issues to be determined as part of the review,
13and of the fact that they may have an opportunity to be heard at the review by
14submitting written comments not less than 10 working days before the review or by
15participating at the review. The court or agency shall notify the person representing
16the interests of the public, the juvenile's counsel, and the juvenile's guardian ad litem
17of the date of the review, of the issues to be determined as part of the review, and of
18the fact that they may submit written comments not less than 10 working days before
19the review. The notices under this paragraph shall be provided in writing not less
20than 30 days before the review and copies of the notices shall be filed in the juvenile's
21case record.
SB288, s. 385 22Section 385. 938.38 (5) (c) 8. of the statutes is created to read:
SB288,192,523 938.38 (5) (c) 8. If the juvenile is an Indian juvenile who is placed outside the
24home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7),
25whether active efforts under s. 938.028 (4) (d) 2. were made to prevent the breakup

1of the Indian juvenile's family, whether those efforts have proved unsuccessful,
2whether the Indian child's placement is in compliance with the order of placement
3preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b), and, if the
4placement is not in compliance with that order, whether there is good cause, as
5described in s. 938.028 (6) (d), for departing from that order.
SB288, s. 386 6Section 386. 938.38 (5) (d) of the statutes is amended to read:
SB288,192,227 938.38 (5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the
8permanency plan shall, at least 5 days before a review by a review panel, provide to
9each person appointed to the review panel, the juvenile's parent, guardian, and legal
10custodian,
the person representing the interests of the public, the juvenile's counsel
11and, the juvenile's guardian ad litem , and, if the juvenile is an Indian juvenile who
12is placed outside the home of his or her parent or Indian custodian under s. 938.13
13(4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe
a copy of the
14permanency plan and any written comments submitted under par. (b).
15Notwithstanding s. 938.78 (2) (a), a person appointed to a review panel, the person
16representing the interests of the public, the juvenile's counsel and, the juvenile's
17guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the
18home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the
19Indian juvenile's Indian custodian and tribe
may have access to any other records
20concerning the juvenile for the purpose of participating in the review. A person
21permitted access to a juvenile's records under this paragraph may not disclose any
22information from the records to any other person.
SB288, s. 387 23Section 387. 938.38 (5) (e) of the statutes is amended to read:
SB288,193,724 938.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
25the determinations under par. (c) and shall provide a copy to the court that entered

1the order,; the juvenile or the juvenile's counsel or guardian ad litem,; the person
2representing the interests of the public,; the juvenile's parent or guardian and, or
3legal custodian;
the juvenile's foster parent, the juvenile's treatment foster parent,
4or the operator of the facility where the juvenile is living; and, if the juvenile is an
5Indian juvenile who is placed outside the home of his or her parent or Indian
6custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian
7and tribe
.
SB288, s. 388 8Section 388. 938.38 (5) (e) of the statutes, as affected by 2009 Wisconsin Acts
928
and .... (this act), is repealed and recreated to read:
SB288,193,1710 938.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
11the determinations under par. (c) and shall provide a copy to the court that entered
12the order; the juvenile or the juvenile's counsel or guardian ad litem; the person
13representing the interests of the public; the juvenile's parent, guardian, or legal
14custodian; the juvenile's foster parent or the operator of the facility where the
15juvenile is living; and, if the juvenile is an Indian juvenile who is placed outside the
16home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the
17Indian juvenile's Indian custodian and tribe.
SB288, s. 389 18Section 389. 938.38 (5m) (b) of the statutes is amended to read:
SB288,194,219 938.38 (5m) (b) Not less than 30 days before the date of the hearing, the court
20shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the
21juvenile's foster parent or treatment foster parent, the operator of the facility in
22which the juvenile is living, or the relative with whom the juvenile is living; the
23juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the
24permanency plan; and the person representing the interests of the public; and, if the
25juvenile is an Indian juvenile who is placed outside the home of his or her parent or

1Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
2custodian and tribe
of the date, time, and place of the hearing.
SB288, s. 390 3Section 390. 938.38 (5m) (b) of the statutes, as affected by 2009 Wisconsin Acts
428
and .... (this act), is repealed and recreated to read:
SB288,194,135 938.38 (5m) (b) Not less than 30 days before the date of the hearing, the court
6shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the
7juvenile's foster parent, the operator of the facility in which the juvenile is living, or
8the relative with whom the juvenile is living; the juvenile's counsel and the juvenile's
9guardian ad litem; the agency that prepared the permanency plan; the person
10representing the interests of the public; and, if the juvenile is an Indian juvenile who
11is placed outside the home of his or her parent or Indian custodian under s. 938.13
12(4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the date, time,
13and place of the hearing.
SB288, s. 391 14Section 391. 938.38 (5m) (d) of the statutes is amended to read:
SB288,195,415 938.38 (5m) (d) At least 5 days before the date of the hearing the agency that
16prepared the permanency plan shall provide a copy of the permanency plan and any
17written comments submitted under par. (c) to the court, to the juvenile's parent,
18guardian, and legal custodian, to the person representing the interests of the public,
19and to the juvenile's counsel or guardian ad litem , and, if the juvenile is an Indian
20juvenile who is placed outside the home of his or her parent or Indian custodian
21under s. 938.13 (4), (6), (6m), or (7), to the Indian juvenile's Indian custodian and
22tribe
. Notwithstanding s. 938.78 (2) (a), the person representing the interests of the
23public and, the juvenile's counsel or guardian ad litem, and, if the juvenile is an
24Indian juvenile who is placed outside the home of his or her parent or Indian
25custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian

1and tribe
may have access to any other records concerning the juvenile for the
2purpose of participating in the review. A person permitted access to a juvenile's
3records under this paragraph may not disclose any information from the records to
4any other person.
SB288, s. 392 5Section 392. 938.38 (5m) (e) of the statutes is amended to read:
SB288,195,236 938.38 (5m) (e) After the hearing, the court shall make written findings of fact
7and conclusions of law relating to the determinations under sub. (5) (c) and shall
8provide a copy of those findings of fact and conclusions of law to the juvenile; the
9juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or
10treatment foster parent, the operator of the facility in which the juvenile is living,
11or the relative with whom the juvenile is living; the agency that prepared the
12permanency plan; and the person representing the interests of the public; and, if the
13juvenile is an Indian juvenile who is placed outside the home of his or her parent or
14Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
15custodian and tribe
. The court shall make the findings specified in sub. (5) (c) 7. on
16a case-by-case basis based on circumstances specific to the juvenile and shall
17document or reference the specific information on which those findings are based in
18the findings of fact and conclusions of law prepared under this paragraph. Findings
19of fact and conclusions of law that merely reference sub. (5) (c) 7. without
20documenting or referencing that specific information in the findings of fact and
21conclusions of law or amended findings of fact and conclusions of law that
22retroactively correct earlier findings of fact and conclusions of law that do not comply
23with this paragraph are not sufficient to comply with this paragraph.
SB288, s. 393 24Section 393. 938.38 (5m) (e) of the statutes, as affected by 2009 Wisconsin Acts
2528
and .... (this act), is repealed and recreated to read:
SB288,196,18
1938.38 (5m) (e) After the hearing, the court shall make written findings of fact
2and conclusions of law relating to the determinations under sub. (5) (c) and shall
3provide a copy of those findings of fact and conclusions of law to the juvenile; the
4juvenile's parent, guardian, and legal custodian; the juvenile's foster parent, the
5operator of the facility in which the juvenile is living, or the relative with whom the
6juvenile is living; the agency that prepared the permanency plan; the person
7representing the interests of the public; and, if the juvenile is an Indian juvenile who
8is placed outside the home of his or her parent or Indian custodian under s. 938.13
9(4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe. The court shall
10make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on
11circumstances specific to the juvenile and shall document or reference the specific
12information on which those findings are based in the findings of fact and conclusions
13of law prepared under this paragraph. Findings of fact and conclusions of law that
14merely reference sub. (5) (c) 7. without documenting or referencing that specific
15information in the findings of fact and conclusions of law or amended findings of fact
16and conclusions of law that retroactively correct earlier findings of fact and
17conclusions of law that do not comply with this paragraph are not sufficient to comply
18with this paragraph.
SB288, s. 394 19Section 394. 938.538 (6m) (a) 1. of the statutes is repealed.
SB288, s. 395 20Section 395. 938.538 (6m) (a) 4. of the statutes is amended to read:
SB288,196,2221 938.538 (6m) (a) 4. "Minority group member" means a Black, a Hispanic, or an
22American Indian person.
SB288, s. 396 23Section 396. Effective dates. This act takes effect on the day after
24publication, except as follows:
SB288,197,11
1(1) Treatment foster homes. The amendment of sections 48.028 (2) (e) and (f)
2and (7) (b) 2. and 3., 48.335 (3j) (intro.), 48.38 (4m) (b) and (c), 938.028 (2) (c) and (6)
3(a) 2. and 3., 938.335 (3j) (intro.), and 938.38 (4m) (b) and (c) of the statutes and the
4repeal and recreation of sections 48.27 (3) (a) 1., 48.357 (1) (am) 1. and (2m) (b),
548.363 (1) (b), 48.365 (2) and (2m) (ag), 48.38 (5) (b) and (e) and (5m) (b) and (e), 48.428
6(2) (a) and (b), 48.43 (5m), 48.63 (1) and (4), 48.645 (1) (a) and (2) (a) 1., 3., and 4. and
7(b), 938.27 (3) (a) 1., 938.357 (1) (am) 1. and 2. and (2m) (b), 938.363 (1) (b), 938.365
8(2) and (2m) (ag), and 938.38 (5) (b) and (e) and (5m) (b) and (e) of the statutes take
9effect on the date stated in the notice provided by the secretary of children and
10families and published in the Wisconsin Administrative Register under section 48.62
11(9) of the statutes, as created by 2009 Wisconsin Act 28.
SB288, s. 397 12Section 397. Initial applicability.
SB288,197,1413 (1) Indian child custody proceedings. This act first applies to an Indian child
14custody proceeding commenced on the effective date of this subsection.
SB288,197,1515 (End)
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