1. A relative of a child who is placed outside his or her home only to the extent
necessary to facilitate the establishment of a relationship between the child and the
relative or a placement of the child with the relative.
2. A public or private agency in this state or any other state that is investigating
a person for purposes of licensing the person to operate a foster home or placing a
child for adoption in the home of the person.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB347, s. 1 1Section 1. 46.238 of the statutes is amended to read:
SB347,11,15
146.238 Infants and unborn children whose mothers abuse controlled
2substances or controlled substance analogs.
If a county department under s.
346.22 or 46.23 or, in a county having a population of 500,000 or more, a county
4department under s. 51.42 or 51.437
an agency, as defined in s. 48.981 (1) (ag),
5receives a report under s. 146.0255 (2) and that agency is a county department under
6s. 46.22 or 46.23 or a licensed child welfare agency under contract with that county
7department
, the county department agency shall offer to provide appropriate
8services and treatment to the child and the child's mother or to the unborn child, as
9defined in s. 48.02 (19), and the expectant mother of the unborn child or the county
10department
agency shall make arrangements for the provision of appropriate
11services or and treatment. If an agency receives a report under s. 146.0255 (2) and
12that agency is the department or a licensed child welfare agency under contract with
13the department, the agency shall refer the report to the county department under s.
1451.42 or 51.437 and that county department shall offer to provide, or make
15arrangements for the provision of, those services and that treatment.
SB347, s. 2 16Section 2. 48.21 (3) (f) of the statutes is created to read:
SB347,11,2417 48.21 (3) (f) If present at the hearing, the parent shall be requested to provide
18the names and other identifying information of 3 relatives of the child or other
19individuals 18 years of age or over whose homes the parent requests the court to
20consider as placements for the child. If the parent does not provide that information
21at the hearing, the county department, the department in a county having a
22population of 500,000 or more, or the agency primarily responsible for providing
23services to the child under the custody order shall permit the parent to provide the
24information at a later date.
SB347, s. 3 25Section 3. 48.21 (5) (b) 2m. of the statutes is created to read:
SB347,12,12
148.21 (5) (b) 2m. If the child has one or more siblings, as defined in s. 48.38 (4)
2(br) 1., who have also been removed from the home, a finding as to whether the intake
3worker has made reasonable efforts to place the child in a placement that enables the
4sibling group to remain together, unless the judge or circuit court commissioner
5determines that a joint placement would be contrary to the safety or well-being of
6the child or any of those siblings, in which case the judge or circuit court
7commissioner shall order the county department, department in a county having a
8population of 500,000 or more, or agency primarily responsible for providing services
9to the child under the custody order to make reasonable efforts to provide for frequent
10visitation or other ongoing interaction between the child and the siblings, unless the
11judge or circuit court commissioner determines that such visitation or interaction
12would be contrary to the safety or well-being of the child or any of those siblings.
SB347, s. 4 13Section 4. 48.21 (5) (d) 1. of the statutes is renumbered 48.21 (5) (d) and
14amended to read:
SB347,12,2115 48.21 (5) (d) If the judge or circuit court commissioner finds that any of the
16circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
17the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m)
18within 30 days after the date of that finding to determine the permanency plan for
19the child. If a hearing is held under this subdivision, the agency responsible for
20preparing the permanency plan shall file the permanency plan with the court not less
21than 5 days before the date of the hearing.
SB347, s. 5 22Section 5. 48.21 (5) (d) 2. of the statutes, as affected by 2009 Wisconsin Act 28,
23is repealed.
SB347, s. 6 24Section 6. 48.21 (5) (d) 3. of the statutes, as affected by 2009 Wisconsin Act 28,
25is repealed.
SB347, s. 7
1Section 7 . 48.21 (5) (e) of the statutes is created to read:
SB347,13,42 48.21 (5) (e) 1. In this paragraph, "adult relative" means a grandparent,
3great-grandparent, aunt, uncle, brother, sister, half brother, or half sister of a child,
4whether by blood, marriage, or legal adoption, who has attained 18 years of age.
SB347,13,205 2. The court shall order the county department, the department in a county
6having a population of 500,000 or more, or the agency primarily responsible for
7providing services to the child under the custody order to conduct a diligent search
8in order to locate and provide notice of the information specified in this subdivision
9to all relatives of the child named under sub. (3) (f) and to all adult relatives of the
10child within 30 days after the child is removed from the custody of the child's parent
11unless the child is returned to his or her home within that period. The court may also
12order the county department, department, or agency to conduct a diligent search in
13order to locate and provide notice of the information specified in this subdivision to
14all other adult individuals named under sub. (3) (f) within 30 days after the child is
15removed from the custody of the child's parent unless the child is returned to his or
16her home within that period. The county department, department, or agency may
17not provide that notice to a person named under sub. (3) (f) or to an adult relative if
18the county department, department, or agency has reason to believe that it would be
19dangerous to the child or to the parent if the child were placed with that person or
20adult relative. The notice shall include all of the following:
SB347,13,2221 a. A statement that the child has been removed from the custody of the child's
22parent.
SB347,13,2523 b. A statement that explains the options that the person provided with the
24notice has under state or federal law to participate in the care and placement of the
25child, including any options that may be lost by failing to respond to the notice.
SB347,14,4
1c. A description of the requirements to obtain a foster home license under s.
248.62 or to receive kinship care or long-term kinship care payments under s. 48.57
3(3m) or (3n) and of the additional services and supports that are available for
4children placed in a foster home or in the home of a person receiving those payments.
SB347,14,75 d. A statement advising the person provided with the notice that he or she may
6incur additional expenses if the child is placed in his or her home and that
7reimbursement for some of those expenses may be available.
SB347,14,98 e. The name and contact information of the agency that removed the child from
9the custody of the child's parent.
SB347, s. 8 10Section 8. 48.245 (2) (b) of the statutes is amended to read:
SB347,14,1311 48.245 (2) (b) Informal disposition may not include any form of residential
12out-of-home placement and may not exceed 6 months, except as provided under sub.
13(2r).
SB347, s. 9 14Section 9. 48.27 (3) (a) 1m. of the statutes is amended to read:
SB347,14,2415 48.27 (3) (a) 1m. The court shall give a foster parent, treatment foster parent,
16or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
17subd. 1. an opportunity a right to be heard at the hearing by permitting the foster
18parent, treatment foster parent, or other physical custodian to make a written or oral
19statement during the hearing, or to submit a written statement prior to the hearing,
20relevant to the issues to be determined at the hearing. A foster parent, treatment
21foster parent, or other physical custodian described in s. 48.62 (2) who receives a
22notice of a hearing under subd. 1. and an opportunity a right to be heard under this
23subdivision does not become a party to the proceeding on which the hearing is held
24solely on the basis of receiving that notice and opportunity right to be heard.
SB347, s. 10
1Section 10. 48.27 (3) (a) 1m. of the statutes, as affected by 2009 Wisconsin Acts
228
and .... (this act), is repealed and recreated to read:
SB347,15,113 48.27 (3) (a) 1m. The court shall give a foster parent or other physical custodian
4described in s. 48.62 (2) who is notified of a hearing under subd. 1. a right to be heard
5at the hearing by permitting the foster parent or other physical custodian to make
6a written or oral statement during the hearing, or to submit a written statement
7prior to the hearing, relevant to the issues to be determined at the hearing. A foster
8parent or other physical custodian described in s. 48.62 (2) who receives a notice of
9a hearing under subd. 1. and a right to be heard under this subdivision does not
10become a party to the proceeding on which the hearing is held solely on the basis of
11receiving that notice and right to be heard.
SB347, s. 11 12Section 11. 48.27 (6) of the statutes is amended to read:
SB347,15,1913 48.27 (6) When a proceeding is initiated under s. 48.14, all interested parties
14shall receive notice and appropriate summons shall be issued in a manner specified
15by the court, consistent with applicable governing statutes. In addition, if. If the
16child who is the subject of the proceeding is in the care of a foster parent, treatment
17foster parent, or other physical custodian described in s. 48.62 (2), the court shall give
18the foster parent, treatment foster parent, or other physical custodian notice and an
19opportunity
a right to be heard as provided in sub. (3) (a).
SB347, s. 12 20Section 12. 48.27 (6) of the statutes, as affected by 2009 Wisconsin Acts 28 and
21.... (this act), is repealed and recreated to read:
SB347,16,222 48.27 (6) When a proceeding is initiated under s. 48.14, all interested parties
23shall receive notice and appropriate summons shall be issued in a manner specified
24by the court. If the child who is the subject of the proceeding is in the care of a foster
25parent or other physical custodian described in s. 48.62 (2), the court shall give the

1foster parent or other physical custodian notice and a right to be heard as provided
2in sub. (3) (a).
SB347, s. 13 3Section 13. 48.32 (1) (b) 1. c. of the statutes is amended to read:
SB347,16,94 48.32 (1) (b) 1. c. A If a permanency plan has previously been prepared for the
5child, a
finding as to whether the county department, department, or agency has
6made reasonable efforts to achieve the goal of the child's permanency plan, including,
7if appropriate, through an out-of-state placement,
unless return of the child to the
8home is the goal of the permanency plan and the judge or circuit court commissioner
9finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.
SB347, s. 14 10Section 14. 48.32 (1) (b) 1m. of the statutes is created to read:
SB347,16,2311 48.32 (1) (b) 1m. If the child has one or more siblings, as defined in s. 48.38 (4)
12(br) 1., who have also been removed from the home, the consent decree shall include
13a finding as to whether the county department, department in a county having a
14population of 500,000 or more, or agency primarily responsible for providing services
15to the child has made reasonable efforts to place the child in a placement that enables
16the sibling group to remain together, unless the judge or circuit court commissioner
17determines that a joint placement would be contrary to the safety or well-being of
18the child or any of those siblings, in which case the judge or circuit court
19commissioner shall order the county department, department, or agency to make
20reasonable efforts to provide for frequent visitation or other ongoing interaction
21between the child and the siblings, unless the judge or circuit court commissioner
22determines that such visitation or interaction would be contrary to the safety or
23well-being of the child or any of those siblings.
SB347, s. 15 24Section 15. 48.33 (4) (c) of the statutes is amended to read:
SB347,17,13
148.33 (4) (c) Specific information showing that continued placement of the child
2in his or her home would be contrary to the welfare of the child, specific information
3showing that the county department, the department, in a county having a
4population of 500,000 or more, or the agency primarily responsible for providing
5services to the child has made reasonable efforts to prevent the removal of the child
6from the home, while assuring that the child's health and safety are the paramount
7concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5.
8applies, and, if a permanency plan has previously been prepared for the child,
9specific information showing that the county department, department, or agency has
10made reasonable efforts to achieve the goal of the child's permanency plan, including,
11if appropriate, through an out-of-state placement,
unless return of the child to the
12home is the goal of the permanency plan and any of the circumstances specified in
13s. 48.355 (2d) (b) 1. to 5. applies.
SB347, s. 16 14Section 16. 48.33 (4) (d) of the statutes is created to read:
SB347,17,2515 48.33 (4) (d) 1. If the child has one or more siblings, as defined in s. 48.38 (4)
16(br) 1., who have been removed from the home or for whom an out-of-home
17placement is recommended, specific information showing that the county
18department, department in a county having a population of 500,000 or more, or
19agency primarily responsible for providing services to the child has made reasonable
20efforts to place the child in a placement that enables the sibling group to remain
21together, unless the county department, department, or agency recommends that the
22child and his or her siblings not be placed in a joint placement, in which case the
23report shall include specific information showing that a joint placement would be
24contrary to the safety or well-being of the child or any of those siblings and the
25specific information required under subd. 2.
SB347,18,8
12. If a recommendation is made that the child and his or her siblings not be
2placed in a joint placement, specific information showing that the county
3department, department, or agency has made reasonable efforts to provide for
4frequent visitation or other ongoing interaction between the child and the siblings,
5unless the county department, department, or agency recommends that such
6visitation or interaction not be provided, in which case the report shall include
7specific information showing that such visitation or interaction would be contrary to
8the safety or well-being of the child or any of those siblings.
SB347, s. 17 9Section 17. 48.335 (3g) (c) of the statutes is amended to read:
SB347,18,1510 48.335 (3g) (c) That, if a permanency plan has previously been prepared for the
11child,
the county department, department, or agency has made reasonable efforts to
12achieve the goal of the child's permanency plan, including, if appropriate, through
13an out-of-state placement,
unless return of the child to the home is the goal of the
14permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5.
15applies.
SB347, s. 18 16Section 18. 48.335 (3g) (d) of the statutes is created to read:
SB347,19,217 48.335 (3g) (d) 1. If the child has one or more siblings, as defined in s. 48.38 (4)
18(br) 1., who have been removed from the home or for whom an out-of-home
19placement is recommended, that the county department, department, or agency has
20made reasonable efforts to place the child in a placement that enables the sibling
21group to remain together, unless the county department, department, or agency
22recommends that the child and his or her siblings not be placed in a joint placement,
23in which case the county department, department, or agency shall present as
24evidence specific information showing that a joint placement would be contrary to

1the safety or well-being of the child or any of those siblings and the specific
2information required under subd. 2.
SB347,19,103 2. If a recommendation is made that the child and his or her siblings not be
4placed in a joint placement, that the county department, department, or agency has
5made reasonable efforts to provide for frequent visitation or other ongoing
6interaction between the child and the siblings, unless the county department,
7department, or agency recommends that such visitation or interaction not be
8provided, in which case the county department, department, or agency shall present
9as evidence specific information showing that such visitation or interaction would be
10contrary to the safety or well-being of the child or any of those siblings.
SB347, s. 19 11Section 19. 48.335 (6) of the statutes is created to read:
SB347,19,2012 48.335 (6) If the dispositional order places the child outside the home, the
13parent, if present at the hearing, shall be requested to provide the names and other
14identifying information of 3 relatives of the child or other individuals 18 years of age
15or over whose homes the parent requests the court to consider as placements for the
16child, unless that information has previously been provided under s. 48.21 (3) (f). If
17the parent does not provide that information at the hearing, the county department,
18the department in a county having a population of 500,000 or more, or the agency
19primarily responsible for providing services to the child under the dispositional order
20shall permit the parent to provide the information at a later date.
SB347, s. 20 21Section 20. 48.355 (2) (b) 6. of the statutes is amended to read:
SB347,20,1622 48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued
23placement of the child in his or her home would be contrary to the welfare of the child,
24a finding as to whether the county department, the department, in a county having
25a population of 500,000 or more, or the agency primarily responsible for providing

1services under a court order has made reasonable efforts to prevent the removal of
2the child from the home, while assuring that the child's health and safety are the
3paramount concerns, unless the court finds that any of the circumstances specified
4in sub. (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been
5prepared for the child,
a finding as to whether the county department, department,
6or agency has made reasonable efforts to achieve the goal of the child's permanency
7plan, including, if appropriate, through an out-of-state placement, unless return of
8the child to the home is the goal of the permanency plan and the court finds that any
9of the circumstances specified in sub. (2d) (b) 1. to 5. applies. The court shall make
10the findings specified in this subdivision on a case-by-case basis based on
11circumstances specific to the child and shall document or reference the specific
12information on which those findings are based in the court order. A court order that
13merely references this subdivision without documenting or referencing that specific
14information in the court order or an amended court order that retroactively corrects
15an earlier court order that does not comply with this subdivision is not sufficient to
16comply with this subdivision.
SB347, s. 21 17Section 21. 48.355 (2) (b) 6p. of the statutes is created to read:
SB347,21,418 48.355 (2) (b) 6p. If the child is placed outside the home and if the child has one
19or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been placed outside
20the home, a finding as to whether the county department, the department in a county
21having a population of 500,000 or more, or the agency primarily responsible for
22providing services under a court order has made reasonable efforts to place the child
23in a placement that enables the sibling group to remain together, unless the court
24determines that a joint placement would be contrary to the safety or well-being of
25the child or any of those siblings, in which case the court shall order the county

1department, department, or agency to make reasonable efforts to provide for
2frequent visitation or other ongoing interaction between the child and the siblings,
3unless the court determines that such visitation or interaction would be contrary to
4the safety or well-being of the child or any of those siblings.
SB347, s. 22 5Section 22. 48.355 (2) (cm) of the statutes is created to read:
SB347,21,216 48.355 (2) (cm) 1. Subject to subd. 2., the court shall order the county
7department, the department in a county having a population of 500,000 or more, or
8the agency primarily responsible for providing services to the child under the
9dispositional order to conduct a diligent search in order to locate and provide notice
10of the information specified in s. 48.21 (5) (e) 2. a. to e. to all relatives of the child
11named under s. 48.335 (6) and to all adult relatives, as defined in s. 48.21 (5) (e) 1.,
12of the child within 30 days after the child is removed from the custody of the child's
13parent unless the child is returned to his or her home within that period. The court
14may also order the county department, department, or agency to conduct a diligent
15search in order to locate and provide notice of that information to all other adult
16individuals named under s. 48.335 (6) within 30 days after the child is removed from
17the custody of the child's parent unless the child is returned to his or her home within
18that period. The county department, department, or agency may not provide that
19notice to a person named under s. 48.335 (6) or to an adult relative if the county
20department, department, or agency has reason to believe that it would be dangerous
21to the child or to the parent if the child were placed with that person or adult relative.
SB347,21,2422 2. Subdivision 1. does not apply if the search required under subd. 1. was
23previously conducted and the notice required under subd. 1. was previously provided
24under s. 48.21 (5) (e) 2.
SB347, s. 23 25Section 23. 48.355 (2b) of the statutes is amended to read:
SB347,22,11
148.355 (2b) Concurrent reasonable efforts permitted. A county
2department, the department, in a county having a population of 500,000 or more, or
3the agency primarily responsible for providing services to a child under a court order
4may, at the same time as the county department, department, or agency is making
5the reasonable efforts required under sub. (2) (b) 6. to prevent the removal of the child
6from the home or to make it possible for the child to return safely to his or her home,
7work with the department, a county department under s. 48.57 (1) (e) or (hm), or a
8child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place
9the child for adoption, with a guardian, with a fit and willing relative, or in some
10other alternative permanent placement, including reasonable efforts to identify an
11appropriate out-of-state placement
.
SB347, s. 24 12Section 24. 48.355 (2d) (c) 1. of the statutes is renumbered 48.355 (2d) (c) and
13amended to read:
SB347,22,1914 48.355 (2d) (c) If the court finds that any of the circumstances specified in par.
15(b) 1. to 5. applies with respect to a parent, the court shall hold a hearing under s.
1648.38 (4m)
within 30 days after the date of that finding to determine the permanency
17plan for the child. If a hearing is held under this subdivision, the agency responsible
18for preparing the permanency plan shall file the permanency plan with the court not
19less than 5 days before the date of the hearing.
SB347, s. 25 20Section 25. 48.355 (2d) (c) 2. of the statutes, as affected by 2009 Wisconsin Act
2128
, is repealed.
SB347, s. 26 22Section 26. 48.355 (2d) (c) 3. of the statutes, as affected by 2009 Wisconsin Act
2328
, is repealed.
SB347, s. 27 24Section 27. 48.357 (1) (c) 2m. of the statutes is created to read:
SB347,23,11
148.357 (1) (c) 2m. If the court changes the child's placement from a placement
2in the child's home to a placement outside the child's home, the parent, if present at
3the hearing, shall be requested to provide the names and other identifying
4information of 3 relatives of the child or other individuals 18 years of age or over
5whose homes the parent requests the court to consider as placements for the child,
6unless that information has previously been provided under this subdivision, sub.
7(2m) (bm), or s. 48.21 (3) (f) or 48.335 (6). If the parent does not provide that
8information at the hearing, the county department, the department in a county
9having a population of 500,000 or more, or the agency primarily responsible for
10implementing the dispositional order shall permit the parent to provide the
11information at a later date.
SB347, s. 28 12Section 28. 48.357 (2m) (b) of the statutes is amended to read:
SB347,24,613 48.357 (2m) (b) The court shall hold a hearing on the matter prior to ordering
14any change in placement requested or proposed under par. (a) if the request states
15that new information is available that affects the advisability of the current
16placement, unless. A hearing is not required if the requested or proposed change in
17placement involves any does not involve a change in placement other than a change
18in placement
of a child placed in the home to a placement outside the home and,
19written waivers of objection to the proposed change in placement are signed by all
20persons entitled to receive notice under sub. (1) (am) 1., other than a court-appointed
21special advocate, and the court approves. If a hearing is scheduled, the court shall
22notify the child, the parent, guardian, and legal custodian of the child, any foster
23parent, treatment foster parent, or other physical custodian described in s. 48.62 (2)
24of the child, the child's court-appointed special advocate, all parties who are bound
25by the dispositional order, and, if the child is the expectant mother of an unborn child

1under s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall
2notify the adult expectant mother, the unborn child by the unborn child's guardian
3ad litem, and all parties who are bound by the dispositional order, at least 3 days prior
4to the hearing. A copy of the request or proposal for the change in placement shall
5be attached to the notice. If all of the parties consent, the court may proceed
6immediately with the hearing.
SB347, s. 29 7Section 29. 48.357 (2m) (b) of the statutes, as affected by 2009 Wisconsin Acts
828
and .... (this act), is repealed and recreated to read:
SB347,25,29 48.357 (2m) (b) The court shall hold a hearing on the matter prior to ordering
10any change in placement requested or proposed under par. (a) if the request states
11that new information is available that affects the advisability of the current
12placement. A hearing is not required if the requested or proposed change in
13placement does not involve a change in placement of a child placed in the home to
14a placement outside the home, written waivers of objection to the proposed change
15in placement are signed by all persons entitled to receive notice under sub. (1) (am)
161., other than a court-appointed special advocate, and the court approves. If a
17hearing is scheduled, the court shall notify the child, the parent, guardian, and legal
18custodian of the child, any foster parent or other physical custodian described in s.
1948.62 (2) of the child, the child's court-appointed special advocate, all parties who are
20bound by the dispositional order, and, if the child is the expectant mother of an
21unborn child under s. 48.133, the unborn child by the unborn child's guardian ad
22litem, or shall notify the adult expectant mother, the unborn child by the unborn
23child's guardian ad litem, and all parties who are bound by the dispositional order,
24at least 3 days prior to the hearing. A copy of the request or proposal for the change

1in placement shall be attached to the notice. If all of the parties consent, the court
2may proceed immediately with the hearing.
SB347, s. 30 3Section 30. 48.357 (2m) (bm) of the statutes is created to read:
SB347,25,144 48.357 (2m) (bm) If the court changes the child's placement from a placement
5in the child's home to a placement outside the child's home, the parent, if present at
6the hearing, shall be requested to provide the names and other identifying
7information of 3 relatives of the child or other individuals 18 years of age or over
8whose homes the parent requests the court to consider as placements for the child,
9unless that information has previously been provided under this paragraph, sub. (1)
10(c) 2m., or s. 48.21 (3) (f) or 48.335 (6). If the parent does not provide that information
11at the hearing, the county department, the department in a county having a
12population of 500,000 or more, or the agency primarily responsible for implementing
13the dispositional order shall permit the parent to provide the information at a later
14date.
SB347, s. 31 15Section 31. 48.357 (2r) of the statutes is amended to read:
SB347,26,316 48.357 (2r) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change
17in placement would remove a child from a foster home, treatment foster home, or
18other placement with a physical custodian described in s. 48.62 (2), the court shall
19give the foster parent, treatment foster parent, or other physical custodian described
20in s. 48.62 (2) an opportunity a right to be heard at the hearing by permitting the
21foster parent, treatment foster parent, or other physical custodian to make a written
22or oral statement during the hearing or to submit a written statement prior to the
23hearing relating to the child and the requested change in placement. A foster parent,
24treatment foster parent, or other physical custodian described in s. 48.62 (2) who
25receives notice of a hearing under sub. (1) (am) 1. or (2m) (b) and an opportunity a

1right
to be heard under this subsection does not become a party to the proceeding on
2which the hearing is held solely on the basis of receiving that notice and opportunity
3right to be heard.
SB347, s. 32 4Section 32. 48.357 (2r) of the statutes, as affected by 2009 Wisconsin Acts 28
5and .... (this act), is repealed and recreated to read:
SB347,26,166 48.357 (2r) If a hearing is held under sub. (1) (am) 2. or (2m) (b) and the change
7in placement would remove a child from a foster home or other placement with a
8physical custodian described in s. 48.62 (2), the court shall give the foster parent or
9other physical custodian a right to be heard at the hearing by permitting the foster
10parent or other physical custodian to make a written or oral statement during the
11hearing or to submit a written statement prior to the hearing relating to the child and
12the requested change in placement. A foster parent or other physical custodian
13described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (am) 1. or (2m)
14(b) and a right to be heard under this subsection does not become a party to the
15proceeding on which the hearing is held solely on the basis of receiving that notice
16and right to be heard.
SB347, s. 33 17Section 33. 48.357 (2v) (a) 2m. of the statutes is created to read:
SB347,27,518 48.357 (2v) (a) 2m. If the child has one or more siblings, as defined in s. 48.38
19(4) (br) 1., who have been placed outside the home or for whom a change in placement
20to a placement outside the home is requested, a finding as to whether the county
21department, the department in a county having a population of 500,000 or more, or
22the agency primarily responsible for implementing the dispositional order has made
23reasonable efforts to place the child in a placement that enables the sibling group to
24remain together, unless the court determines that a joint placement would be
25contrary to the safety or well-being of the child or any of those siblings, in which case

1the court shall order the county department, department, or agency to make
2reasonable efforts to provide for frequent visitation or other ongoing interaction
3between the child and the siblings, unless the court determines that such visitation
4or interaction would be contrary to the safety or well-being of the child or any of those
5siblings.
SB347, s. 34 6Section 34. 48.357 (2v) (c) 1. of the statutes is renumbered 48.357 (2v) (c) and
7amended to read:
SB347,27,138 48.357 (2v) (c) If the court finds under par. (a) 3. that any of the circumstances
9specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the court shall
10hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to
11determine the permanency plan for the child. If a hearing is held under this
12subdivision, the agency responsible for preparing the permanency plan shall file the
13permanency plan with the court not less than 5 days before the date of the hearing.
SB347, s. 35 14Section 35. 48.357 (2v) (c) 2. of the statutes, as affected by 2009 Wisconsin Act
1528
, is repealed.
SB347, s. 36 16Section 36. 48.357 (2v) (c) 3. of the statutes, as affected by 2009 Wisconsin Act
1728
, is repealed.
SB347, s. 37 18Section 37. 48.357 (2v) (d) of the statutes is created to read:
SB347,28,1019 48.357 (2v) (d) 1. Subject to subd. 2., the court shall order the county
20department, the department in a county having a population of 500,000 or more, or
21the agency primarily responsible for implementing the dispositional order to conduct
22a diligent search in order to locate and provide notice of the information specified in
23s. 48.21 (5) (e) 2. a. to e. to all relatives of the child named under sub. (1) (c) 2m. or
24(2m) (bm) and to all adult relatives, as defined in s. 48.21 (5) (e) 1., of the child within
2530 days after the child is removed from the custody of the child's parent unless the

1child is returned to his or her home within that period. The court may also order the
2county department, department, or agency to conduct a diligent search in order to
3locate and provide notice of that information to all other adult individuals named
4under sub. (1) (c) 2m. or (2m) (bm) within 30 days after the child is removed from the
5custody of the child's parent unless the child is returned to his or her home within
6that period. The county department, department, or agency may not provide that
7notice to a person named under sub. (1) (c) 2m. or (2m) (bm) or to an adult relative
8if the county department, department, or agency has reason to believe that it would
9be dangerous to the child or to the parent if the child were placed with that person
10or adult relative.
SB347,28,1311 2. Subdivision 1. does not apply if the search required under subd. 1. was
12previously conducted and the notice required under subd. 1. was previously provided
13under s. 48.21 (5) (e) 2. or 48.355 (2) (cm) 1.
SB347, s. 38 14Section 38. 48.363 (1) (b) of the statutes is amended to read:
SB347,29,315 48.363 (1) (b) If a hearing is held, at least 3 days prior to the the hearing the
16court shall notify the child, the child's parent, guardian and legal custodian, all
17parties bound by the dispositional order, the child's foster parent, treatment foster
18parent, or other physical custodian described in s. 48.62 (2), the child's
19court-appointed special advocate, the district attorney or corporation counsel in the
20county in which the dispositional order was entered, and, if the child is the expectant
21mother of an unborn child under s. 48.133, the unborn child by the unborn child's
22guardian ad litem; or shall notify the adult expectant mother, the unborn child
23through the unborn child's guardian ad litem, all parties bound by the dispositional
24order, and the district attorney or corporation counsel in the county in which the
25dispositional order was entered, at least 3 days prior to the hearing. A copy of the

1request or proposal shall be attached to the notice. If all parties consent, the court
2may proceed immediately with the hearing. No revision may extend the effective
3period of the original order.
SB347, s. 39 4Section 39. 48.363 (1) (b) of the statutes, as affected by 2009 Wisconsin Acts
528
and .... (this act), is repealed and recreated to read:
SB347,29,186 48.363 (1) (b) If a hearing is held, at least 3 days prior to the hearing the court
7shall notify the child, the child's parent, guardian and legal custodian, all parties
8bound by the dispositional order, the child's foster parent or other physical custodian
9described in s. 48.62 (2), the child's court-appointed special advocate, the district
10attorney or corporation counsel in the county in which the dispositional order was
11entered, and, if the child is the expectant mother of an unborn child under s. 48.133,
12the unborn child by the unborn child's guardian ad litem; or shall notify the adult
13expectant mother, the unborn child through the unborn child's guardian ad litem, all
14parties bound by the dispositional order, and the district attorney or corporation
15counsel in the county in which the dispositional order was entered. A copy of the
16request or proposal shall be attached to the notice. If all parties consent, the court
17may proceed immediately with the hearing. No revision may extend the effective
18period of the original order.
SB347, s. 40 19Section 40. 48.363 (1m) of the statutes is amended to read:
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