SB347, s. 51 13Section 51. 48.38 (4) (br) of the statutes is renumbered 48.38 (4) (br) 1. and
14amended to read:
SB347,35,2315 48.38 (4) (br) 1. A statement as to the availability of a safe and appropriate
16placement with a foster parent, adoptive parent, or proposed adoptive parent of a
17sibling of the child and, if a decision is made not to place the child with an available
18foster parent, adoptive parent, or proposed adoptive parent of a sibling, a statement
19as to why placement with the foster parent, adoptive parent, or proposed adoptive
20parent of a sibling is not safe or appropriate.
In this paragraph, "sibling" means a
21person who is a brother or sister of the child, whether by blood, marriage, or adoption,
22including a person who was a brother or sister of a child before the person was
23adopted or parental rights to the person were terminated.
SB347, s. 52 24Section 52. 48.38 (4) (br) 2. of the statutes is created to read:
SB347,36,10
148.38 (4) (br) 2. If the child has one or more siblings who have also been
2removed from the home, a description of the efforts made to place the child in a
3placement that enables the sibling group to remain together and, if a decision is made
4not to place the child and his or her siblings in a joint placement, a statement as to
5why a joint placement would be contrary to the safety or well-being of the child or
6any of those siblings and a description of the efforts made to provide for frequent
7visitation or other ongoing interaction between the child and those siblings. If a
8decision is made not to provide for that visitation or interaction, the permanency plan
9shall include a statement as to why that visitation or interaction would be contrary
10to the safety or well-being of the child or any of those siblings.
SB347, s. 53 11Section 53. 48.38 (4) (fm) of the statutes is amended to read:
SB347,36,1512 48.38 (4) (fm) If the goal of the permanency plan is to place the child for
13adoption, with a guardian, with a fit and willing relative, or in some other alternative
14permanent placement, the efforts made to achieve that goal, including, if
15appropriate, through an out-of-state placement
.
SB347, s. 54 16Section 54. 48.38 (4) (h) (intro.) of the statutes is amended to read:
SB347,36,2017 48.38 (4) (h) (intro.) If the child is 15 years of age or over, a description of an
18independent living plan describing
the programs and services that are or will be
19provided to assist the child in preparing for the transition from out-of-home care to
20independent living. The description plan shall include all of the following:
SB347, s. 55 21Section 55. 48.38 (4) (i) of the statutes is created to read:
SB347,37,422 48.38 (4) (i) A statement as to whether the child's age and developmental level
23are sufficient for the court to consult with the child at the permanency plan
24determination hearing under sub. (4m) (c) or at the permanency plan hearing under
25sub. (5m) (c) 2. or s. 48.43 (5) (b) 2. or for the court or panel to consult with the child

1at the permanency plan review under sub. (5) (bm) 2. and, if a decision is made that
2it would not be age appropriate or developmentally appropriate for the court or panel
3to consult with the child, a statement as to why consultation with the child would not
4be appropriate.
SB347, s. 56 5Section 56. 48.38 (4m) of the statutes is created to read:
SB347,37,166 48.38 (4m) Reasonable efforts not required; permanency plan
7determination hearing.
(a) If in a proceeding under s. 48.21, 48.355, 48.357, or
848.365 the court finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5.
9applies with respect to a parent, the court shall hold a hearing within 30 days after
10the date of that finding to determine the permanency plan for the child. If a hearing
11is held under this paragraph, the agency responsible for preparing the permanency
12plan shall file the permanency plan with the court not less than 5 days before the date
13of the the hearing. At the hearing, the court shall consider placing the child in a
14placement outside this state if the court determines that such a placement would be
15in the best interests of the child and appropriate to achieving the goal of the child's
16permanency plan.
SB347,37,2217 (b) At least 10 days before the date of the hearing, the court shall notify the
18child; the child's parent, guardian, and legal custodian; and the child's foster parent
19or treatment foster parent, the operator of the facility in which the child is living, or
20the relative with whom the child is living of the time, place, and purpose of the
21hearing, of the issues to be determined at the hearing, and of the fact that they shall
22have a right to be heard at the hearing.
SB347,38,1223 (c) If the child's permanency plan includes a statement under sub. (4) (i)
24indicating that the child's age and developmental level are sufficient for the court to
25consult with the child regarding the child's permanency plan or if, notwithstanding

1a decision under sub. (4) (i) that it would not be appropriate for the court to consult
2with the child, the court determines that consultation with the child would be in the
3best interests of the child, the court shall consult with the child, in an
4age-appropriate and developmentally appropriate manner, regarding the child's
5permanency plan and any other matters the court finds appropriate. If none of those
6circumstances apply, the court may permit the child's caseworker, the child's counsel,
7or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written or oral
8statement during the hearing, or to submit a written statement prior to the hearing,
9expressing the child's wishes, goals, and concerns regarding the permanency plan
10and those matters. If the court permits such a written or oral statement to be made
11or submitted, the court may nonetheless require the child to be physically present
12at the hearing.
SB347,38,2013 (d) The court shall give a foster parent, treatment foster parent, operator of a
14facility, or relative who is notified of a hearing under par. (b) a right to be heard at
15the hearing by permitting the foster parent, treatment foster parent, operator, or
16relative to make a written or oral statement during the hearing, or to submit a
17written statement prior to the hearing, relevant to the issues to be determined at the
18hearing. The foster parent, treatment foster parent, operator of a facility, or relative
19does not become a party to the proceeding on which the hearing is held solely on the
20basis of receiving that notice and right to be heard.
SB347, s. 57 21Section 57. 48.38 (4m) (b) and (d) of the statutes, as created by 2009 Wisconsin
22Act .... (this act), are amended to read:
SB347,39,323 48.38 (4m) (b) At least 10 days before the date of the hearing, the court shall
24notify the child; the child's parent, guardian, and legal custodian; and the child's
25foster parent or treatment foster parent, the operator of the facility in which the child

1is living, or the relative with whom the child is living of the time, place, and purpose
2of the hearing, of the issues to be determined at the hearing, and of the fact that they
3shall have a right to be heard at the hearing.
SB347,39,114 (d) The court shall give a foster parent, treatment foster parent, operator of a
5facility, or relative who is notified of a hearing under par. (b) a right to be heard at
6the hearing by permitting the foster parent, treatment foster parent, operator, or
7relative to make a written or oral statement during the hearing, or to submit a
8written statement prior to the hearing, relevant to the issues to be determined at the
9hearing. The foster parent, treatment foster parent, operator of a facility, or relative
10does not become a party to the proceeding on which the hearing is held solely on the
11basis of receiving that notice and right to be heard.
SB347, s. 58 12Section 58. 48.38 (5) (b) of the statutes is amended to read:
SB347,40,313 48.38 (5) (b) The court or the agency shall notify the parents of the child, the
14child, if he or she is 12 years of age or older, and
; the child's parent, guardian, and
15legal custodian; and
the child's foster parent, the child's or treatment foster parent,
16the operator of the facility in which the child is living, or the relative with whom the
17child is living of the date, time, and place, and purpose of the review, of the issues to
18be determined as part of the review, and of the fact that they may have an opportunity
19shall have a right to be heard at the review by submitting written comments not less
20than 10 working days before the review or by participating at the review
as provided
21in par. (bm) 1
. The court or agency shall notify the person representing the interests
22of the public, the child's counsel, the child's guardian ad litem, and the child's
23court-appointed special advocate of the date time, place, and purpose of the review,
24of the issues to be determined as part of the review, and of the fact that they may
25submit written comments not less than 10 working days before the review have an

1opportunity to be heard at the review as provided in par. (bm) 1
. The notices under
2this paragraph shall be provided in writing not less than 30 days before the review
3and copies of the notices shall be filed in the child's case record.
SB347, s. 59 4Section 59. 48.38 (5) (b) of the statutes, as affected by 2009 Wisconsin Acts 28
5and .... (this act), is repealed and recreated to read:
SB347,40,176 48.38 (5) (b) The court or the agency shall notify the child; the child's parent,
7guardian, and legal custodian; and the child's foster parent, the operator of the
8facility in which the child is living, or the relative with whom the child is living of the
9time, place, and purpose of the review, of the issues to be determined as part of the
10review, and of the fact that they shall have a right to be heard at the review as
11provided in par. (bm) 1. The court or agency shall notify the person representing the
12interests of the public, the child's counsel, the child's guardian ad litem, and the
13child's court-appointed special advocate of the time, place, and purpose of the review,
14of the issues to be determined as part of the review, and of the fact that they may have
15an opportunity to be heard at the review as provided in par. (bm) 1. The notices under
16this paragraph shall be provided in writing not less than 30 days before the review
17and copies of the notices shall be filed in the child's case record.
SB347, s. 60 18Section 60. 48.38 (5) (bm) of the statutes is created to read:
SB347,41,619 48.38 (5) (bm) 1. A child, parent, guardian, legal custodian, foster parent,
20treatment foster parent, operator of a facility, or relative who is provided notice of the
21review under par. (b) shall have a right to be heard at the review by submitting
22written comments relevant to the determinations specified in par. (c) not less than
2310 working days before the date of the review or by participating at the review. A
24person representing the interests of the public, counsel, guardian ad litem, or
25court-appointed special advocate who is provided notice of the review under par. (b)

1may have an opportunity to be heard at the review by submitting written comments
2relevant to the determinations specified in par. (c) not less than 10 working days
3before the date of the review. A foster parent, treatment foster parent, operator of
4a facility, or relative who receives notice of a review under par. (b) and a right to be
5heard under this subdivision does not become a party to the proceeding on which the
6review is held solely on the basis of receiving that notice and right to be heard.
SB347,41,227 2. If the child's permanency plan includes a statement under sub. (4) (i)
8indicating that the child's age and developmental level are sufficient for the court or
9panel to consult with the child regarding the child's permanency plan or if,
10notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the
11court or panel to consult with the child, the court or panel determines that
12consultation with the child would be in the best interests of the child, the court or
13panel shall consult with the child, in an age-appropriate and developmentally
14appropriate manner, regarding the child's permanency plan and any other matters
15the court or panel finds appropriate. If none of those circumstances apply, the court
16or panel may permit the child's caseworker, the child's counsel, or, subject to s. 48.235
17(3) (a), the child's guardian ad litem to make a written or oral statement during the
18review, or to submit a written statement prior to the review, expressing the child's
19wishes, goals, and concerns regarding the permanency plan and those matters. If
20the court or panel permits such a written or oral statement to be made or submitted,
21the court or panel may nonetheless require the child to be physically present at the
22review.
SB347, s. 61 23Section 61. 48.38 (5) (bm) 1. of the statutes, as created by 2009 Wisconsin Act
24.... (this act), is amended to read:
SB347,42,13
148.38 (5) (bm) 1. A child, parent, guardian, legal custodian, foster parent,
2treatment foster parent, operator of a facility, or relative who is provided notice of the
3review under par. (b) shall have a right to be heard at the review by submitting
4written comments relevant to the determinations specified in par. (c) not less than
510 working days before the date of the review or by participating at the review. A
6person representing the interests of the public, counsel, guardian ad litem, or
7court-appointed special advocate who is provided notice of the review under par. (b)
8may have an opportunity to be heard at the review by submitting written comments
9relevant to the determinations specified in par. (c) not less than 10 working days
10before the date of the review. A foster parent, treatment foster parent, operator of
11a facility, or relative who receives notice of a hearing under par. (b) and a right to be
12heard under this subdivision does not become a party to the proceeding on which the
13review is held solely on the basis of receiving that notice and right to be heard.
SB347, s. 62 14Section 62. 48.38 (5) (c) 6. (intro.) of the statutes is amended to read:
SB347,42,2215 48.38 (5) (c) 6. (intro.) If the child has been placed outside of his or her home,
16as described in s. 48.365 (1), in a foster home, treatment foster home, group home,
17nonsecured residential care center for children and youth, or shelter care facility
for
1815 of the most recent 22 months, not including any period during which the child was
19a runaway from the out-of-home placement or the first 6 months of any period
20during which the child was returned to his or her home for a trial home visit, the
21appropriateness of the permanency plan and the circumstances which prevent the
22child from any of the following:
SB347, s. 63 23Section 63. 48.38 (5) (c) 6. (intro.) of the statutes, as affected by 2009 Wisconsin
24Act .... (this act), is repealed and recreated to read:
SB347,43,7
148.38 (5) (c) 6. (intro.) If the child has been placed outside of his or her home,
2as described in s. 48.365 (1), in a foster home, group home, residential care center for
3children and youth, or shelter care facility for 15 of the most recent 22 months, not
4including any period during which the child was a runaway from the out-of-home
5placement or the first 6 months of any period during which the child was returned
6to his or her home for a trial home visit, the appropriateness of the permanency plan
7and the circumstances which prevent the child from any of the following:
SB347, s. 64 8Section 64. 48.38 (5) (c) 7. of the statutes is amended to read:
SB347,43,129 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve
10the goal of the permanency plan, including, if appropriate, through an out-of-state
11placement,
unless return of the child to the home is the goal of the permanency plan
12and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.
SB347, s. 65 13Section 65. 48.38 (5) (c) 8. of the statutes is created to read:
SB347,43,2314 48.38 (5) (c) 8. If the child has one or more siblings, as defined in s. 48.38 (4)
15(br) 1., who have also been removed from the home, whether reasonable efforts were
16made by the agency to place the child in a placement that enables the sibling group
17to remain together, unless the court or panel determines that a joint placement would
18be contrary to the safety or well-being of the child or any of those siblings, in which
19case the court or panel shall determine whether reasonable efforts were made by the
20agency to provide for frequent visitation or other ongoing interaction between the
21child and those siblings, unless the court or panel determines that such visitation or
22interaction would be contrary to the safety or well-being of the child or any of those
23siblings.
SB347, s. 66 24Section 66. 48.38 (5) (d) of the statutes is amended to read:
SB347,44,12
148.38 (5) (d) Notwithstanding s. 48.78 (2) (a), the agency that prepared the
2permanency plan shall, at least 5 days before a review by a review panel, provide to
3each person appointed to the review panel, the person representing the interests of
4the public, the child's counsel, the child's guardian ad litem, and the child's
5court-appointed special advocate a copy of the permanency plan and any written
6comments submitted under par. (b) (bm) 1. Notwithstanding s. 48.78 (2) (a), a person
7appointed to a review panel, the person representing the interests of the public, the
8child's counsel, the child's guardian ad litem, and the child's court-appointed special
9advocate may have access to any other records concerning the child for the purpose
10of participating in the review. A person permitted access to a child's records under
11this paragraph may not disclose any information from the records to any other
12person.
SB347, s. 67 13Section 67. 48.38 (5) (e) of the statutes is amended to read:
SB347,44,2014 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
15the determinations under par. (c) and shall provide a copy to the court that entered
16the order, the child or the child's counsel or guardian ad litem, the person
17representing the interests of the public, the child's parent or, guardian, and legal
18custodian
, the child's court-appointed special advocate, and the child's foster parent,
19the child's
or treatment foster parent or, the operator of the facility where the child
20is living, or the relative with whom the child is living.
SB347, s. 68 21Section 68. 48.38 (5) (e) of the statutes, as affected by 2009 Wisconsin Acts 28
22and .... (this act), is repealed and recreated to read:
SB347,45,423 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
24the determinations under par. (c) and shall provide a copy to the court that entered
25the order, the child or the child's counsel or guardian ad litem, the person

1representing the interests of the public, the child's parent, guardian, and legal
2custodian, the child's court-appointed special advocate, and the child's foster parent,
3the operator of the facility where the child is living, or the relative with whom the
4child is living.
SB347, s. 69 5Section 69. 48.38 (5m) (b) of the statutes is amended to read:
SB347,45,176 48.38 (5m) (b) Not less than 30 days before the date of the hearing, the court
7shall notify the child; the child's parent, guardian, and legal custodian; and the
8child's foster parent or treatment foster parent, the operator of the facility in which
9the child is living, or the relative with whom the child is living ; of the time, place, and
10purpose of the hearing, of the issues to be determined at the hearing, and of the fact
11that they shall have a right to be heard at the hearing as provided in par. (c) 1. and
12shall notify
the child's counsel, the child's guardian ad litem, and the child's
13court-appointed special advocate; the agency that prepared the permanency plan;
14and the person representing the interests of the public of the date, time, and place,
15and purpose
of the hearing, of the issues to be determined at the hearing, and of the
16fact that they may have an opportunity to be heard at the hearing as provided in par.
17(c) 1
.
SB347, s. 70 18Section 70. 48.38 (5m) (b) of the statutes, as affected by 2009 Wisconsin Acts
1928
and .... (this act), is repealed and recreated to read:
SB347,46,520 48.38 (5m) (b) Not less than 30 days before the date of the hearing, the court
21shall notify the child; the child's parent, guardian, and legal custodian; and the
22child's foster parent, the operator of the facility in which the child is living, or the
23relative with whom the child is living of the time, place, and purpose of the hearing,
24of the issues to be determined at the hearing, and of the fact that they shall have a
25right to be heard at the hearing as provided in par. (c) 1. and shall notify the child's

1counsel, the child's guardian ad litem, and the child's court-appointed special
2advocate; the agency that prepared the permanency plan; and the person
3representing the interests of the public of the time, place, and purpose of the hearing,
4of the issues to be determined at the hearing, and of the fact that they may have an
5opportunity to be heard at the hearing as provided in par. (c) 1.
SB347, s. 71 6Section 71. 48.38 (5m) (c) of the statutes is renumbered 48.38 (5m) (c) 1. and
7amended to read:
SB347,46,238 48.38 (5m) (c) 1. Any person A child, parent, guardian, legal custodian, foster
9parent, treatment foster parent, operator of a facility, or relative
who is provided
10notice of the hearing may have an opportunity under par. (b) shall have a right to be
11heard at the hearing by submitting written comments relevant to the determinations
12specified in sub. (5) (c) not less than 10 working days before the date of the hearing
13or by participating at the hearing. A counsel, guardian ad litem, court-appointed
14special advocate, agency, or person representing the interests of the public who is
15provided notice of the hearing under par. (b) may have an opportunity to be heard
16at the hearing by submitting written comments relevant to the determinations
17specified in sub. (5) (c) not less than 10 working days before the date of the hearing
18or by participating at the hearing.
A foster parent, treatment foster parent, operator
19of a facility in which a child is living, or relative with whom a child is living who
20receives notice of a hearing under par. (b) and an opportunity a right to be heard
21under this paragraph subdivision does not become a party to the proceeding on which
22the hearing is held solely on the basis of receiving that notice and opportunity right
23to be heard.
SB347, s. 72 24Section 72. 48.38 (5m) (c) 1. of the statutes, as affected by 2009 Wisconsin Acts
2528
and .... (this act), is repealed and recreated to read:
SB347,47,13
148.38 (5m) (c) 1. A child, parent, guardian, legal custodian, foster parent,
2operator of a facility, or relative who is provided notice of the hearing under par. (b)
3shall have a right to be heard at the hearing by submitting written comments
4relevant to the determinations specified in sub. (5) (c) not less than 10 working days
5before the date of the hearing or by participating at the hearing. A counsel, guardian
6ad litem, court-appointed special advocate, agency, or person representing the
7interests of the public who is provided notice of the hearing under par. (b) may have
8an opportunity to be heard at the hearing by submitting written comments relevant
9to the determinations specified in sub. (5) (c) not less than 10 working days before
10the date of the hearing or by participating at the hearing. A foster parent, operator
11of a facility, or relative who receives notice of a hearing under par. (b) and a right to
12be heard under this subdivision does not become a party to the proceeding on which
13the hearing is held solely on the basis of receiving that notice and right to be heard.
SB347, s. 73 14Section 73. 48.38 (5m) (c) 2. of the statutes is created to read:
SB347,48,415 48.38 (5m) (c) 2. If the child's permanency plan includes a statement under sub.
16(4) (i) indicating that the child's age and developmental level are sufficient for the
17court to consult with the child regarding the child's permanency plan or if,
18notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the
19court to consult with the child, the court determines that consultation with the child
20would be in the best interests of the child, the court shall consult with the child, in
21an age-appropriate and developmentally appropriate manner, regarding the child's
22permanency plan and any other matters the court finds appropriate. If none of those
23circumstances apply, the court may permit the child's caseworker, the child's counsel,
24or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written or oral
25statement during the hearing, or to submit a written statement prior to the hearing,

1expressing the child's wishes, goals, and concerns regarding the permanency plan
2and those matters. If the court permits such a written or oral statement to be made
3or submitted, the court may nonetheless require the child to be physically present
4at the hearing.
SB347, s. 74 5Section 74. 48.38 (5m) (d) of the statutes is amended to read:
SB347,48,166 48.38 (5m) (d) At least 5 days before the date of the hearing the agency that
7prepared the permanency plan shall provide a copy of the permanency plan and any
8written comments submitted under par. (c) 1. to the court, to the child's parent,
9guardian, and legal custodian, to the person representing the interests of the public,
10to the child's counsel or guardian ad litem, and to the child's court-appointed special
11advocate. Notwithstanding s. 48.78 (2) (a), the person representing the interests of
12the public, the child's counsel or guardian ad litem, and the child's court-appointed
13special advocate may have access to any other records concerning the child for the
14purpose of participating in the review. A person permitted access to a child's records
15under this paragraph may not disclose any information from the records to any other
16person.
SB347, s. 75 17Section 75. 48.385 of the statutes is created to read:
SB347,49,6 1848.385 Plan for transition to independent living. By no later than 90 days
19before a child who is placed in a foster home, treatment foster home, group home,
20subsidized guardianship home under s. 48.62 (5), group home, or residential care
21center for children and youth or in the home of a relative other than a parent attains
2218 years of age or, if the child is placed in such a placement under an order under s.
2348.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355
24(4) or 938.355 (4) after the child attains 18 years of age, by no later than 90 days
25before the termination of the order, the agency primarily responsible for providing

1services to the child under the order shall provide the child with assistance and
2support in developing a plan for making the transition from out-of-home care to
3independent living. The transition plan shall be personalized at the direction of the
4child, shall be as detailed as the child directs, and shall include specific options for
5obtaining housing, health care, education, mentoring and continuing support
6services, and workforce support and employment services.
SB347, s. 76 7Section 76. 48.385 of the statutes, as created by 2009 Wisconsin Act .... (this
8act), is amended to read:
SB347,49,22 948.385 Plan for transition to independent living. By no later than 90 days
10before a child who is placed in a foster home, treatment foster home, group home,
11subsidized guardianship home under s. 48.62 (5), group home, or residential care
12center for children and youth or in the home of a relative other than a parent attains
1318 years of age or, if the child is placed in such a placement under an order under s.
1448.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355
15(4) or 938.355 (4) after the child attains 18 years of age, by no later than 90 days
16before the termination of the order, the agency primarily responsible for providing
17services to the child under the order shall provide the child with assistance and
18support in developing a plan for making the transition from out-of-home care to
19independent living. The transition plan shall be personalized at the direction of the
20child, shall be as detailed as the child directs, and shall include specific options for
21obtaining housing, health care, education, mentoring and continuing support
22services, and workforce support and employment services.
SB347, s. 77 23Section 77. 48.417 (1) (a) of the statutes is amended to read:
SB347,50,724 48.417 (1) (a) The child has been placed outside of his or her home, as described
25in s. 48.365 (1) or 938.365 (1), in a foster home, treatment foster home, group home,

1nonsecured residential care center for children and youth, or shelter care facility
for
215 of the most recent 22 months, not including any period during which the child was
3a runaway from the out-of-home placement or the first 6 months of any period
4during which the child was returned to his or her home for a trial home visit. If the
5circumstances specified in this paragraph apply, the petition shall be filed or joined
6in by the last day of the 15th month, as described in this paragraph, for which the
7child was placed outside of his or her home.
SB347, s. 78 8Section 78. 48.417 (1) (a) of the statutes, as affected by 2009 Wisconsin Act ....
9(this act), is repealed and recreated to read:
SB347,50,1810 48.417 (1) (a) The child has been placed outside of his or her home, as described
11in s. 48.365 (1) or 938.365 (1), in a foster home, group home, nonsecured residential
12care center for children and youth, or shelter care facility for 15 of the most recent
1322 months, not including any period during which the child was a runaway from the
14out-of-home placement or the first 6 months of any period during which the child
15was returned to his or her home for a trial home visit. If the circumstances specified
16in this paragraph apply, the petition shall be filed or joined in by the last day of the
1715th month, as described in this paragraph, for which the child was placed outside
18of his or her home.
SB347, s. 79 19Section 79. 48.42 (2g) (am) of the statutes is amended to read:
SB347,51,420 48.42 (2g) (am) The court shall give a foster parent, treatment foster parent,
21or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
22par. (a) an opportunity a right to be heard at the hearing by permitting the foster
23parent, treatment foster parent, or other physical custodian to make a written or oral
24statement during the hearing, or to submit a written statement prior to the hearing,
25relevant to the issues to be determined at the hearing. A foster parent, treatment

1foster parent, or other physical custodian described in s. 48.62 (2) who receives a
2notice of a hearing under par. (a) and an opportunity a right to be heard under this
3paragraph does not become a party to the proceeding on which the hearing is held
4solely on the basis of receiving that notice and opportunity right to be heard.
SB347, s. 80 5Section 80. 48.42 (2g) (am) of the statutes, as affected by 2009 Wisconsin Acts
628
and .... (this act), is repealed and recreated to read:
SB347,51,157 48.42 (2g) (am) The court shall give a foster parent or other physical custodian
8described in s. 48.62 (2) who is notified of a hearing under par. (a) a right to be heard
9at the hearing by permitting the foster parent or other physical custodian to make
10a written or oral statement during the hearing, or to submit a written statement
11prior to the hearing, relevant to the issues to be determined at the hearing. A foster
12parent or other physical custodian described in s. 48.62 (2) who receives a notice of
13a hearing under par. (a) and a right to be heard under this paragraph does not become
14a party to the proceeding on which the hearing is held solely on the basis of receiving
15that notice and right to be heard.
SB347, s. 81 16Section 81. 48.425 (1) (c) of the statutes is amended to read:
SB347,52,217 48.425 (1) (c) If the child has been previously adjudicated to be in need of
18protection and services, a statement of the steps the agency or person responsible for
19provision of services has taken to remedy the conditions responsible for court
20intervention and the parent's response to and cooperation with these services. If the
21child has been removed from the home, the report shall also include a statement of
22the reasons why the child cannot be returned safely to the family and the steps the
23person or agency has taken to effect this return. If a permanency plan has previously
24been prepared for the child, the report shall also include specific information
25showing that the agency primarily responsible for providing services to the child has

1made reasonable efforts to achieve the goal of the child's permanency plan, including,
2if appropriate, through an out-of-state placement
.
SB347, s. 82 3Section 82. 48.427 (1m) of the statutes is amended to read:
SB347,52,144 48.427 (1m) In addition to any evidence presented under sub. (1), the court
5shall give the foster parent, treatment foster parent, or other physical custodian
6described in s. 48.62 (2) of the child an opportunity a right to be heard at the
7dispositional hearing by permitting the foster parent, treatment foster parent, or
8other physical custodian to make a written or oral statement during the dispositional
9hearing, or to submit a written statement prior to disposition, relevant to the issue
10of disposition. A foster parent, treatment foster parent, or other physical custodian
11described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and
12an opportunity a right to be heard under this subsection does not become a party to
13the proceeding on which the hearing is held solely on the basis of receiving that notice
14and opportunity right to be heard.
SB347, s. 83 15Section 83. 48.427 (1m) of the statutes, as affected by 2009 Wisconsin Acts 28
16and .... (this act), is repealed and recreated to read:
SB347,52,2517 48.427 (1m) In addition to any evidence presented under sub. (1), the court
18shall give the foster parent or other physical custodian described in s. 48.62 (2) of the
19child a right to be heard at the dispositional hearing by permitting the foster parent
20or other physical custodian to make a written or oral statement during the
21dispositional hearing, or to submit a written statement prior to disposition, relevant
22to the issue of disposition. A foster parent or other physical custodian described in
23s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and a right to be
24heard under this subsection does not become a party to the proceeding on which the
25hearing is held solely on the basis of receiving that notice and right to be heard.
SB347, s. 84
1Section 84. 48.43 (1) (cm) of the statutes is amended to read:
SB347,53,122 48.43 (1) (cm) If a permanency plan has previously been prepared for the child,
3a finding as to whether the agency primarily responsible for providing services to the
4child has made reasonable efforts to achieve the goal of the child's permanency plan,
5including, if appropriate, through an out-of-state placement
. The court shall make
6the findings specified in this paragraph on a case-by-case basis based on
7circumstances specific to the child and shall document or reference the specific
8information on which those findings are based in the order. An order that merely
9references this paragraph without documenting or referencing that specific
10information in the order or an amended order that retroactively corrects an earlier
11order that does not comply with this paragraph is not sufficient to comply with this
12paragraph.
SB347, s. 85 13Section 85. 48.43 (5) (b) of the statutes is renumbered 48.43 (5) (b) 1. and
14amended to read:
SB347,53,2115 48.43 (5) (b) 1. The court shall hold a hearing to review the permanency plan
16within 30 days after receiving a report under par. (a). At least 10 days before the date
17of the hearing, the court shall provide notice of the time, date place, and purpose of
18the hearing to the agency that prepared the report, the child's guardian, the child,
19if he or she is 12 years of age or over, and the child's foster parent, or treatment foster
20parent, other physical custodian described in s. 48.62 (2) or the operator of the facility
21in which the child is living, or the relative with whom the child is living.
SB347, s. 86 22Section 86. 48.43 (5) (b) 1. of the statutes, as affected by 2009 Wisconsin Acts
2328
and .... (this act), is repealed and recreated to read:
SB347,54,424 48.43 (5) (b) 1. The court shall hold a hearing to review the permanency plan
25within 30 days after receiving a report under par. (a). At least 10 days before the date

1of the hearing, the court shall provide notice of the time, place, and purpose of the
2hearing to the agency that prepared the report, the child's guardian, the child, and
3the child's foster parent, the operator of the facility in which the child is living, or the
4relative with whom the child is living.
SB347, s. 87 5Section 87. 48.43 (5) (b) 2. of the statutes is created to read:
SB347,54,206 48.43 (5) (b) 2. If the child's permanency plan includes a statement under s.
748.38 (4) (i) indicating that the child's age and developmental level are sufficient for
8the court to consult with the child regarding the child's permanency plan or if,
9notwithstanding a decision under s. 48.38 (4) (i) that it would not be appropriate for
10the court to consult with the child, the court determines that consultation with the
11child would be in the best interests of the child, the court shall consult with the child,
12in an age-appropriate and developmentally appropriate manner, regarding the
13child's permanency plan and any other matters the court finds appropriate. If none
14of those circumstances apply, the court may permit the child's caseworker, the child's
15counsel, or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written
16or oral statement during the hearing, or to submit a written statement prior to the
17hearing, expressing the child's wishes, goals, and concerns regarding the
18permanency plan and those matters. If the court permits such a written or oral
19statement to be made or submitted, the court may nonetheless require the child's
20presence at the hearing.
SB347, s. 88 21Section 88. 48.43 (5) (b) 3. of the statutes is created to read:
SB347,55,422 48.43 (5) (b) 3. The court shall give a foster parent, treatment foster parent,
23operator of a facility, or relative who is notified of a hearing under subd. 1. a right to
24be heard at the hearing by permitting the foster parent, treatment foster parent,
25operator, or relative to make a written or oral statement during the hearing, or to

1submit a written statement prior to the hearing, relevant to the issues to be
2determined at the hearing. The foster parent, treatment foster parent, operator of
3a facility, or relative does not become a party to the proceeding on which the hearing
4is held solely on the basis of receiving that notice and right to be heard.
SB347, s. 89 5Section 89. 48.43 (5) (b) 3. of the statutes, as created by 2009 Wisconsin Act
6.... (this act), is amended to read:
SB347,55,147 48.43 (5) (b) 3. The court shall give a foster parent, treatment foster parent,
8operator of a facility, or relative who is notified of a hearing under subd. 1. a right to
9be heard at the hearing by permitting the foster parent, treatment foster parent,
10operator, or relative to make a written or oral statement during the hearing, or to
11submit a written statement prior to the hearing, relevant to the issues to be
12determined at the hearing. The foster parent, treatment foster parent, operator of
13a facility, or relative does not become a party to the proceeding on which the hearing
14is held solely on the basis of receiving that notice and right to be heard.
SB347, s. 90 15Section 90. 48.43 (5m) of the statutes is amended to read:
SB347,55,2016 48.43 (5m) Either the court or the agency that prepared the permanency plan
17shall furnish a copy of the original plan and each revised plan to the child, if he or
18she is 12 years of age or over, and to the child's foster parent, the child's or treatment
19foster parent or, the operator of the facility in which the child is living, or the relative
20with whom the child is living
.
SB347, s. 91 21Section 91. 48.43 (5m) of the statutes, as affected by 2009 Wisconsin Acts 28
22and .... (this act), is repealed and recreated to read:
SB347,56,223 48.43 (5m) Either the court or the agency that prepared the permanency plan
24shall furnish a copy of the original plan and each revised plan to the child, if he or

1she is 12 years of age or over, and to the child's foster parent, the operator of the
2facility in which the child is living, or the relative with whom the child is living.
SB347, s. 92 3Section 92. 48.63 (5) (d) 4. of the statutes is amended to read:
SB347,56,134 48.63 (5) (d) 4. Not less than 10 days before the review, the agency that placed
5the child or that arranged the placement of the child shall provide a copy of the
6revised permanency plan or plans and the request for review submitted under subd.
73. and notice of the time and place of the review to the child, the parent, guardian,
8and legal custodian of the child, and the operator of the group home in which the child
9is placed, together with notice of the issues to be determined as part of the
10permanency plan review and notice of the fact that those persons may have the
11opportunity
shall have a right to be heard at the review by submitting written
12comments to that agency or the independent reviewing agency before the review or
13by participating at the review.
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