AB599: Bill Text

In addition, the bill permits the person or agency primarily responsible for implementing the dispositional order to request the juvenile court to revoke a trial reunification if that person or agency has reasonable cause to suspect that a child who has been returned to the home of his or her parent or other home from which the child was removed for a trial reunification has been abused or neglected, has reason to believe that such a child has been threatened with abuse or neglect and that abuse or neglect of the child is likely to occur, or otherwise has reason to believe that the trial reunification is no longer in the best interest of the child. The revocation request must state the reasons for the proposed revocation, and the same notice and hearing requirements that apply to an original request for a trial reunification also apply to a request for a revocation of a trial reunification. If the juvenile court finds that the child, while returned to the home of his or her parent or other home from which the child was removed for a trial reunification, has been abused or neglected, or has been threatened with abuse or neglect and that abuse or neglect of the child is likely to occur, or finds that the trial reunification is no longer in the best interests of the child, the juvenile court must grant an order revoking the trial reunification and returning the child to an out-of-home placement.

Finally, with respect to trial reunifications, the bill permits the person or agency primarily responsible or implementing the dispositional order to make an emergency change in placement if emergency conditions necessitate an immediate removal of the child from the home of his or her parent or other home from which the child has been removed.

Other planned permanent living arrangement

Under current law, if a goal of a child's permanency plan is an alternative permanent placement, the permanency plan must document a compelling reason why it would not be in the best interests of the child to pursue the safe return of the child to his or her home or placement of the child for adoption, with a guardian, or with a fit and willing relative.

This bill changes the term "alternative permanent placement" to "other planned permanent living arrangement,", requires the arrangement to include a long-term relationship between the child and an adult, and eliminates independent living as a planned permanent living arrangement option. The bill also permits a child's case plan to include the permanency goal of placement of the child in a planned permanent living arrangement only if the agency determines that there is a compelling reason why it would not be in the best interests of the child to pursue the safe return of the child to his or her home or placement of the child for adoption, with a guardian, or with a fit and willing relative. If an agency makes that determination, the child's case plan must include 1) a concurrent plan towards achieving the permanency goal of safely returning the child to his or her home or placing the child for adoption, with a guardian, or with a fit and willing relative as well as the permanency goal of placing the child in some other planned permanent living arrangement; and 2) the compelling reason why it would not be in the best interests of the child to return the child to his or her home or to place the child for adoption, with a guardian, or with a fit and willing relative and the efforts made to achieve that goal, including, if appropriate, through an out-of-state placement.

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:

AB599, s. 1 Section 1. 48.028 (4) (g) 1. d. of the statutes is amended to read:

AB599,6,6 48.028 (4) (g) 1. d. Arrangements were made to provide natural and unsupervised family interaction in the most natural setting that can ensure the Indian child's safety, as appropriate to the goals of the Indian child's permanency case plan, including arrangements for transportation and other assistance to enable family members to participate in that interaction.

AB599, s. 2 Section 2. 48.07 (5) (c) of the statutes is amended to read:

AB599,7,12 48.07 (5) (c) Training. A court-appointed special advocate program shall require a volunteer or employee of the program selected under par. (b) to complete a training program before the volunteer or employee may be designated as a court-appointed special advocate under s. 48.236 (1). The training program shall include instruction on recognizing child abuse and neglect, cultural competency, as defined in s. 48.982 (1) (bm), child development, the procedures of the court, permanency case planning, the activities of a court-appointed special advocate under s. 48.236 (3) and information gathering and documentation, and shall include observation of a proceeding under s. 48.13. A court-appointed special advocate program shall also require each volunteer and employee of the program selected under par. (b) to complete continuing training annually.

AB599, s. 3 Section 3. 48.21 (5) (d) of the statutes is amended to read:

AB599,7,18 48.21 (5) (d) If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency case plan for the child.

AB599, s. 4 Section 4. 48.235 (4) (a) 1. of the statutes is amended to read:

AB599,7,21 48.235 (4) (a) 1. Participate in permanency case planning under ss. 48.38 and 48.43 (5).

AB599, s. 5 Section 5. 48.235 (4) (a) 2. of the statutes is amended to read:

AB599,7,24 48.235 (4) (a) 2. Petition for a change in placement under s. 48.357 or a trial reunification under s. 48.358.

AB599, s. 6 Section 6. 48.235 (4m) (a) 1. of the statutes is amended to read:

AB599,8,2 48.235 (4m) (a) 1. Participate in permanency case planning under ss. 48.38 and 48.43 (5) after the child is born.

AB599, s. 7 Section 7. 48.235 (4m) (a) 2. of the statutes is amended to read:

AB599,8,5 48.235 (4m) (a) 2. Petition for a change in placement under s. 48.357 or a trial reunification under s. 48.358.

AB599, s. 8 Section 8. 48.236 (3) (b) of the statutes is amended to read:

AB599,8,15 48.236 (3) (b) Maintain regular contact with the child for whom the designation is made; monitor the appropriateness and safety of the environment of the child, the extent to which the child and the child's family are complying with any consent decree or dispositional order of the court and with any permanency case plan under s. 48.38, and the extent to which any agency that is required to provide services for the child and the child's family under a consent decree, dispositional order or permanency case plan is providing those services; and, based on that regular contact and monitoring, provide information to the court in the form of written reports or, if requested by the court, oral testimony.

AB599, s. 9 Section 9. 48.299 (4) (b) of the statutes is amended to read:

AB599,9,6 48.299 (4) (b) Except as provided in s. 901.05, neither common law nor statutory rules of evidence are binding at a hearing for a child held in custody under s. 48.21, a hearing for an adult expectant mother held in custody under s. 48.213, a runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing about changes in placement, trial reunifications, revision of dispositional orders, extension of dispositional orders, or termination of guardianship orders entered under s. 48.977 (4) (h) 2. or (6) or 48.978 (2) (j) 2. or (3) (g). At those hearings, the court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant, or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The court shall give effect to the rules of privilege recognized by law. The court shall apply the basic principles of relevancy, materiality, and probative value to proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

AB599, s. 10 Section 10. 48.315 (2m) (b) of the statutes is amended to read:

AB599,9,13 48.315 (2m) (b) The court making an initial finding under s. 48.38 (5m) that the agency primarily responsible for providing services to the child has made reasonable efforts to achieve the goals of the child's permanency case plan more than 12 months after the date on which the child was removed from the home or making any subsequent findings under s. 48.38 (5m) as to those reasonable efforts more than 12 months after the date of a previous finding as to those reasonable efforts.

AB599, s. 11 Section 11. 48.32 (1) (b) 1. c. of the statutes is amended to read:

AB599,9,18 48.32 (1) (b) 1. c. If a permanency case plan has previously been prepared for the child, a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency case plan, including, if appropriate, through an out-of-state placement,.

AB599, s. 12 Section 12. 48.32 (1) (c) of the statutes is amended to read:

AB599,9,24 48.32 (1) (c) If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency case plan for the child.

AB599, s. 13 Section 13. 48.33 (4) (a) of the statutes is amended to read:

AB599,10,1 48.33 (4) (a) A permanency case plan prepared under s. 48.38.

AB599, s. 14 Section 14. 48.33 (4) (c) of the statutes is amended to read:

AB599,10,13 48.33 (4) (c) Specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, specific information showing that the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and, if a permanency case plan has previously been prepared for the child, specific information showing that the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency case plan, including, if appropriate, through an out-of-state placement,.

AB599, s. 15 Section 15. 48.335 (3g) (c) of the statutes is amended to read:

AB599,10,18 48.335 (3g) (c) That, if a permanency case plan has previously been prepared for the child, the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency case plan, including, if appropriate, through an out-of-state placement,.

AB599, s. 16 Section 16. 48.335 (4) of the statutes is amended to read:

AB599,10,24 48.335 (4) At hearings under this section, s. 48.357, 48.358, 48.363, or 48.365, on the request of any party, unless good cause to the contrary is shown, the court may admit testimony on the record by telephone or live audiovisual means, if available, under s. 807.13 (2). The request and the showing of good cause may be made by telephone.

AB599, s. 17 Section 17. 48.355 (2) (b) 5. of the statutes is amended to read:

AB599,11,2 48.355 (2) (b) 5. For a child placed outside his or her home pursuant to an order under s. 48.345, a permanency case plan under s. 48.38 if one has been prepared.

AB599, s. 18 Section 18. 48.355 (2) (b) 6. of the statutes is amended to read:

AB599,11,21 48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued placement of the child in his or her home would be contrary to the welfare of the child, a finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5. applies, and, if a permanency case plan has previously been prepared for the child, a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency case plan, including, if appropriate, through an out-of-state placement. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the court order,. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

AB599, s. 19 Section 19. 48.355 (2b) (title) of the statutes is amended to read:

AB599,11,23 48.355 (2b) (title) Concurrent reasonable efforts permitted planning.

AB599, s. 20 Section 20. 48.355 (2b) of the statutes is renumbered 48.355 (2b) (b) and amended to read:

AB599,12,16 48.355 (2b) (b) A county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to a child under a court order may, at the same time as the county department, department, or agency is making the reasonable efforts required under sub. (2) (b) 6. to prevent the removal of the child from the home or to make it possible for the child to return safely to his or her home, work with the department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place the child for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement, including reasonable efforts to identify an appropriate out-of-state placement shall determine, in accordance with standards established by the department, whether to engage in concurrent planning. If, according to those standards, concurrent planning is required, the county department, department, or agency shall engage in concurrent planning on and the court shall make a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the primary goal of the concurrent plan.

AB599, s. 21 Section 21. 48.355 (2b) (a) of the statutes is created to read:

AB599,12,21 48.355 (2b) (a) In this subsection, "concurrent planning" means reasonable efforts to work simultaneously towards achieving more than one of the permanency goals listed in s. 48.38 (4) (fg) 1. to 5. for a child who is placed in out-of-home care and for whom a case plan is required under s. 48.38 (2).

AB599, s. 22 Section 22. 48.355 (2c) (b) of the statutes is amended to read:

AB599,13,5 48.355 (2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether the county department, department, in a county having a population of 500,000 or more, or agency primarily responsible for providing services to the child under a court order has made reasonable efforts to achieve the goal of the permanency case plan, the court's consideration of reasonable efforts shall include the considerations listed under par. (a) 1. to 5. and whether visitation schedules between the child and his or her parents were implemented, unless visitation was denied or limited by the court.

AB599, s. 23 Section 23. 48.355 (2d) (b) (intro.) of the statutes is amended to read:

AB599,13,16 48.355 (2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the court is not required to include in a dispositional order a finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a child to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, or a finding as to whether the county department, department, or agency has made reasonable efforts with respect to a parent of a child to achieve the permanency case plan goal of returning the child safely to his or her home, if the court finds any of the following:

AB599, s. 24 Section 24. 48.355 (2d) (c) of the statutes is amended to read:

AB599,13,21 48.355 (2d) (c) If the court finds that any of the circumstances specified in par. (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency case plan for the child.

AB599, s. 25 Section 25. 48.355 (2e) (title) of the statutes is amended to read:

AB599,13,23 48.355 (2e) (title) Permanency Case plans; filing; amended orders; copies.

AB599, s. 26 Section 26. 48.355 (2e) (a) of the statutes is amended to read:

AB599,14,7 48.355 (2e) (a) If a permanency case plan has not been prepared at the time the dispositional order is entered, or if the court orders a disposition that is not consistent with the permanency case plan, the agency responsible for preparing the plan shall prepare a permanency case plan that is consistent with the order or revise the permanency case plan to conform to the order and shall file the plan with the court within the time specified in s. 48.38 (3). A permanency case plan filed under this paragraph shall be made a part of the dispositional order.

AB599, s. 27 Section 27. 48.355 (2e) (b) of the statutes is amended to read:

AB599,14,14 48.355 (2e) (b) Each time a child's placement is changed under s. 48.357, a trial reunification is ordered under s. 48.358, or a dispositional order is revised under s. 48.363 or extended under s. 48.365, the agency that prepared the permanency case plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order.

AB599, s. 28 Section 28. 48.355 (2e) (c) of the statutes is amended to read:

AB599,14,20 48.355 (2e) (c) Either the court or the agency that prepared the permanency case plan shall furnish a copy of the original plan and each revised plan to the child's parent or guardian, to the child or the child's counsel or guardian ad litem, to the child's court-appointed special advocate and to the person representing the interests of the public.

AB599, s. 29 Section 29. 48.356 (1) of the statutes is amended to read:

AB599,15,6 48.356 (1) Whenever the court orders a child to be placed outside his or her home, orders an expectant mother of an unborn child to be placed outside of her home, or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357, 48.363, or 48.365 and whenever the court reviews a permanency case plan under s. 48.38 (5m), the court shall orally inform the parent or parents who appear in court or the expectant mother who appears in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the child or expectant mother to be returned to the home or for the parent to be granted visitation.

AB599, s. 30 Section 30. 48.357 (1) (am) 1. of the statutes is amended to read:

AB599,15,24 48.357 (1) (am) 1. If the proposed change in placement involves any change in placement other than a change in placement specified in par. (c), the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel shall cause written notice of the proposed change in placement to be sent to the child, the parent, guardian, and legal custodian of the child, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, and, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe. If the child is the expectant mother of an unborn child under s. 48.133, written notice shall also be sent to the unborn child by the unborn child's guardian ad litem. If the change in placement involves an adult expectant mother of an unborn child under s. 48.133, written notice shall be sent to the adult expectant mother and the unborn child by the unborn child's guardian ad litem. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies the objectives of the treatment child's case plan ordered by the court.

AB599, s. 31 Section 31. 48.357 (1) (c) 1. of the statutes is amended to read:

AB599,16,15 48.357 (1) (c) 1. If the proposed change in placement would change the placement of a child placed in the home to a placement outside the home, the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel shall submit a request for the change in placement to the court. The request shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies the objectives of the treatment child's case plan ordered by the court. The request shall also contain specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child and, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, specific information showing that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns.

AB599, s. 32 Section 32. 48.357 (2v) (c) of the statutes is amended to read:

AB599,16,20 48.357 (2v) (c) If the court finds under par. (a) 3. that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency case plan for the child.

AB599, s. 33 Section 33. 48.358 of the statutes is created to read:

AB599,17,2 48.358 Trial reunification. (1) Definition. In this section, "trial reunification" means a return of a child who is placed in an out-of-home placement under s. 48.355 or 48.357 to the home of his or her parent or other home from which the child was removed for a specified and limited period for the purpose of determining the appropriateness of permanently returning the child to that home.

AB599,17,14 (2) Trial reunification; procedure. (a) Request or proposal. The person or agency primarily responsible for implementing the dispositional order may request, or the court on its own motion may propose, a trial reunification. The request or proposal shall contain the name and address of the home that is the site of the requested or proposed trial reunification, a statement describing why the trial reunification is in the best interests of the child, and a statement describing how the trial reunification satisfies the objectives of the child's case plan. No person may request or propose a trial reunification on the grounds that an emergency condition necessitates an immediate return of the child to the home of his or her parent or other home from which the child was removed. If an emergency condition necessitates such an immediate return, the person or agency primarily responsible for implementing the dispositional order shall proceed as provided in s. 48.357 (2).

AB599,17,23 (b) Notice; information required. The person requesting the trial reunification shall submit the request to the court. That person or the court shall cause written notice of the requested or proposed trial reunification to be sent to the child, the parent, guardian, and legal custodian of the child, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe. The notice shall contain the information that is required to be included in the request or proposal under par. (a).

AB599,18,6 (c) Hearing; when required. Any person receiving the notice under par. (b), other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. If a hearing is scheduled, not less than 3 days before the hearing the person requesting the trial reunification or the court shall provide notice of the hearing to all person who are entitled to receive notice under par. (b). A copy of the request or proposal for the trial reunification shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.

AB599,18,22 (d) Order. If the court finds that the trial reunification is in the best interests of the child and that the trial reunification satisfies the objectives of the child's case plan, the court shall grant an order authorizing the trial reunification. A trial reunification shall terminate 90 days after the date of the order, unless the court specifies a shorter period in the order, extends the trial reunification under sub. (3), or revokes the trial reunification under sub. (4) (c) or the person or agency primarily responsible for implementing the dispositional order makes an emergency change in placement as provided in sub. (4) (d). No trial reunification order may extend the expiration date of the original dispositional order under s. 48.355 or any extension order under s. 48.365. A trial reunification under this section is not a change in placement under s. 48.357. At the end of a trial reunification, the person or agency primarily responsible for implementing the dispositional order may return the child to an out-of-home placement without further order of the court, notwithstanding s. 48.357, or may request a change in placement under s. 48.357 (1) (am) to change the placement of the child to a placement in the home of the child's parent or other home from which the child was removed.

AB599,19,7 (3) Extension of trial reunification. (a) Extension request or proposal. The person or agency primarily responsible for implementing the dispositional order may request, or the court on its own motion may propose, an extension of the trial reunification. The request or proposal shall contain a statement describing how the trial reunification continues to be in the best interests of the child and continues to meet the objectives of the child's case plan. No later than 10 days prior to the expiration of the trial reunification, the person who requests or proposes the extension shall submit the request or proposal to the court that ordered the trial reunification and shall cause notice of the request or proposal to be provided to all persons who are entitled to receive notice under sub. (2) (b).

AB599,19,16 (b) Extension hearing; when required. Any person who is entitled to receive notice of the extension request or proposal under par. (a), other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 5 days after receipt of the notice. If a hearing is scheduled, not less than 3 days before the hearing the person requesting the extension or the court shall provide notice of the hearing to all persons who are entitled to receive notice of the extension request or proposal under par. (a). A copy of the request or proposal for the extension shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.

AB599,19,22 (c) Extension order. If the court finds that the trial reunification continues to be in the best interests of the child and continues to meet the objectives of the child's case plan, the court shall grant an order extending the trial reunification for a period specified by the court not to exceed 60 days. Any number of extensions may be granted under this paragraph, but the total period for a trial reunification may not exceed 150 days.

AB599,20,10 (4) Revocation of trial reunification. (a) Revocation request; information required. If the person or agency primarily responsible for implementing the dispositional order has reasonable cause to suspect that a child who has been returned to the home of his or her parent or other home from which the child was removed for a trial reunification has been abused or neglected, has reason to believe that such a child has been threatened with abuse or neglect and that abuse or neglect of the child is likely to occur, or otherwise has reason to believe that the trial reunification is longer in the best interests of the child, that person or agency may request the court to revoke the trial reunification. That person or agency shall submit the request to the court that ordered the trial reunification and shall cause notice of the request to be provided to all persons who are entitled to receive notice of the trial reunification under a sub. (2) (b). The request shall contain the reasons for the proposed revocation.

AB599,20,18 (b) Revocation hearing; when required. Any person who is entitled to receive notice of the revocation request under par. (a), other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 5 days after receipt of the notice. If a hearing is scheduled, not less than 3 days prior to the hearing the court shall provide notice of the hearing, together with a copy of the request for the revocation, to all persons who are entitled to receive notice under par. (a). If all parties consent, the court may proceed immediately with the hearing.

AB599,20,25 (c) Revocation order. If the court finds that the child, while returned to the home of his or her parent or other home from which the child was removed for a trial reunification, has been abused or neglected, or has been threatened with abuse or neglect and that abuse or neglect of the child is likely to occur, or finds that the trial reunification is no longer in the best interests of the child, the court shall grant an order revoking the trial reunification and returning the child to an out-of-home placement.

AB599,21,4 (d) Emergency change in placements. If an emergency condition necessitates an immediate removal of the child from the home of his or her parent or other home from which the child was removed, the person or agency primarily responsible for implementing the dispositional order may proceed as provided in s. 48.357 (2).

AB599,21,15 (5) Removal from foster home or other physical custodian. If a hearing is held under sub. (2) (c) and the trial reunification would remove a child from a foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent or other physical custodian a right to be heard at the hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the child and the requested trial reunification. A foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (2) (c) and a right to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

AB599,21,21 (6) Prohibited trial reunifications based on homicide of parent. (a) Prohibition. Except as provided in par. (c), the court may not order a trial reunification in the home of a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, if the conviction has not been reversed, set aside, or vacated.

AB599,22,2 (b) Revocation. Except as provided in par. (c), if a parent in whose home a child is placed for a trial reunification is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside, or vacated, the court shall revoke the trial reunification as provided in sub. (4) (c).