AB599: Bill Text

AB599,45,18 48.63 (5) (c) A permanency case plan under s. 48.38 is required for each child placed in a group home under par. (b) and for any child of that child who is residing with that child. The agency that placed the child or that arranged the placement of the child shall prepare the plan within 60 days after the date on which the child was removed from his or her home under the voluntary agreement and shall provide a copy of the plan to the child and the child's parent, guardian, or Indian custodian.

AB599, s. 100 Section 100. 48.63 (5) (d) 1. of the statutes is amended to read:

AB599,45,22 48.63 (5) (d) 1. In this paragraph, "independent reviewing agency" means a person contracted with under subd. 2. to review permanency case plans and placements under subds. 3. to 6.

AB599, s. 101 Section 101. 48.63 (5) (d) 2. of the statutes is amended to read:

AB599,46,3 48.63 (5) (d) 2. An agency that places children under par. (b) or that arranges those placements shall contract with another agency licensed under s. 48.61 (3) to place children or with a county department to review the permanency case plans and placements of those children and of any children of those children who are residing with those children as provided in subds. 3. to 6.

AB599, s. 102 Section 102. 48.63 (5) (d) 3. of the statutes is amended to read:

AB599,46,20 48.63 (5) (d) 3. If the agency that has placed a child under par. (b) or that has arranged the placement of the child wishes to extend the placement of the child, the agency shall prepare a revised permanency case plan for that child and for any child of that child who is residing with that child and submit the revised permanency case plan or plans, together with a request for a review of the revised permanency case plan or plans and the child's placement, to the independent reviewing agency before the expiration of the child's placement. The request shall include a statement that an extension of the child's placement would be in the best interests of the child, together with reliable and credible information in support of that statement, a statement that the child and the parent, guardian, or Indian custodian of the child consent to the extension of the child's placement, and a request that the independent reviewing agency approve an extension of the child's placement. On receipt of a revised permanency case plan or plans and a request for review, the independent reviewing agency shall set a time and place for the review and shall advise the agency that placed the child or that arranged the placement of the child of the time and place of the review.

AB599, s. 103 Section 103. 48.63 (5) (d) 4. of the statutes is amended to read:

AB599,47,6 48.63 (5) (d) 4. Not less than 10 days before the review, the agency that placed the child or that arranged the placement of the child shall provide a copy of the revised permanency case plan or plans and the request for review submitted under subd. 3. and notice of the time and place of the review to the child, the parent, guardian, Indian custodian, and legal custodian of the child, and the operator of the group home in which the child is placed, together with notice of the issues to be determined as part of the permanency case plan review and notice of the fact that those persons shall have a right to be heard at the review by submitting written comments to that agency or the independent reviewing agency before the review or by participating at the review.

AB599, s. 104 Section 104. 48.63 (5) (d) 6. of the statutes is amended to read:

AB599,47,13 48.63 (5) (d) 6. Within 30 days after the review, the agency that prepared the revised permanency case plan or plans shall prepare a written summary of the determinations specified in s. 48.38 (5) (c) that were made under subd. 5. and shall provide a copy of that summary to the independent reviewing agency, the child, the parent, guardian, Indian custodian, and legal custodian of the child, and the operator of the group home in which the child was placed.

AB599, s. 105 Section 105. 48.831 (4) (e) of the statutes is amended to read:

AB599,47,23 48.831 (4) (e) The court shall order the custodian appointed under par. (b) or (c) to prepare a permanency case plan under s. 48.38 for the child within 60 days after the date of the order. A permanency case plan ordered under this paragraph is subject to review under s. 48.38 (5). In preparing a permanency case plan, the department, county department or child welfare agency need not include any information specified in s. 48.38 (4) that relates to the child's parents or returning the child to his or her home. In reviewing a permanency case plan, a court or panel need not make any determination under s. 48.38 (5) (c) that relates to the child's parents or returning the child to his or her home.

AB599, s. 106 Section 106. 48.834 (1) of the statutes is amended to read:

AB599,48,6 48.834 (1) Placement with relatives. Before placing a child for adoption under s. 48.833, the department, county department under s. 48.57 (1) (e) or (hm), or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency case plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department, or child welfare agency.

AB599, s. 107 Section 107. 48.834 (2) of the statutes is amended to read:

AB599,48,22 48.834 (2) Placement with siblings. If a child who is being placed for adoption under s. 48.833 has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have been adopted or who have been placed for adoption, the department, county department under s. 48.57 (1) (e) or (hm), or child welfare agency making the placement shall make reasonable efforts to place the child for adoption with an adoptive parent or proposed adoptive parent of such a sibling who is identified in the child's permanency case plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department, or child welfare agency, unless the department, county department, or child welfare agency determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the department, county department, or child welfare agency shall make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the department, county department, or child welfare agency determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

AB599, s. 108 Section 108. 48.977 (3r) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB599,49,17 48.977 (3r) Subsidized guardianship. Subsidized guardianship payments under s. 48.623 (1) may not be made to a guardian of a child unless a subsidized guardianship agreement under s. 48.623 (2) is entered into before the guardianship order is granted and the court either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services as specified in sub. (2) (a). If a child's permanency case plan calls for placement of the child in the home of a guardian and the provision of monthly subsidized guardianship payments to the guardian, the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a statement of the determinations made under s. 48.623 (1) and a request for the court to include in the court's findings under sub. (4) (d) a finding confirming those determinations. If the court confirms those determinations, appoints a guardian for the child under sub. (2), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child is adjudicated to be in need of protection or services as specified in sub. (2) (a), the county department or, in a county having a population of 750,000 or more, department shall provide monthly subsidized guardianship payments to the guardian under s. 48.623 (1).

AB599, s. 109 Section 109. 48.977 (4) (e) of the statutes is amended to read:

AB599,50,6 48.977 (4) (e) Court report. For a child who has been placed, or continued in a placement, outside of his or her home for 6 months or longer, the court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court a report containing the written summary under s. 48.38 (5) (e) and as much information relating to the appointment of a guardian as is reasonably ascertainable. For a child who has been placed, or continued in a placement, outside of his or her home for less than 6 months, the court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court the report submitted under s. 48.33 (1) or 938.33 (1), the permanency case plan prepared under s. 48.38 or 938.38, if one has been prepared, and as much information relating to the appointment of a guardian as is reasonably ascertainable. The agency shall file the report at least 48 hours before the date of the dispositional hearing under par. (fm).

AB599, s. 110 Section 110. 48.977 (4) (i) of the statutes is amended to read:

AB599,50,10 48.977 (4) (i) Effect of disposition on permanency case plan review process. After a disposition under par. (h), the child's permanency case plan shall continue to be reviewed under s. 48.38 (5), if applicable.

AB599, s. 111 Section 111. 49.471 (4) (a) 4. a. of the statutes is amended to read:

AB599,50,17 49.471 (4) (a) 4. a. The individual is a parent or caretaker relative of a child who is living in the home with the parent or caretaker relative or who is temporarily absent from the home for not more than 6 months or, if the child has been removed from the home for more than 6 months, the parent or caretaker relative is working toward unifying the family by complying with a permanency case plan under s. 48.38 or 938.38.

AB599, s. 112 Section 112. 49.471 (4) (b) 4. a. of the statutes is amended to read:

AB599,50,24 49.471 (4) (b) 4. a. The individual is a parent or caretaker relative of a child who is living in the home with the parent or caretaker relative or who is temporarily absent from the home for not more than 6 months or, if the child has been removed from the home for more than 6 months, the parent or caretaker relative is working toward unifying the family by complying with a permanency case plan under s. 48.38 or 938.38.

AB599, s. 113 Section 113. 146.82 (2) (a) 18m. of the statutes is amended to read:

AB599,51,19 146.82 (2) (a) 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home, group home, residential care center for children and youth, or juvenile correctional facility, including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, group home, residential care center for children and youth, or juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency case plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child or juvenile, or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.

AB599, s. 114 Section 114. 252.15 (3m) (d) 15. of the statutes is amended to read:

AB599,52,13 252.15 (3m) (d) 15. If the subject of the HIV test is a child who has been placed in a foster home, group home, residential care center for children and youth, or juvenile correctional facility, as defined in s. 938.02 (10p), including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, group home, residential care center for children and youth, or juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency case plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child, or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.

AB599, s. 115 Section 115. 757.69 (1) (g) 14. of the statutes is amended to read:

AB599,52,16 757.69 (1) (g) 14. Conduct permanency case plan reviews under s. 48.38 (5) or 938.38 (5) and permanency case plan hearings under s. 48.38 (5m) or 938.38 (5m).

AB599, s. 116 Section 116. 767.41 (3) (b) of the statutes is amended to read:

AB599,52,25 767.41 (3) (b) If the legal custodian appointed under par. (a) is an agency, the agency shall report to the court on the status of the child at least once each year until the child reaches 18 years of age, is returned to the custody of a parent or is placed under the guardianship of an agency. The agency shall file an annual report no less than 30 days before the anniversary of the date of the order. An agency may file an additional report at any time if it determines that more frequent reporting is appropriate. A report shall summarize the child's permanency case plan and the recommendations of the review panel under s. 48.38 (5), if any.

AB599, s. 117 Section 117. 767.41 (3) (c) of the statutes is amended to read:

AB599,53,7 767.41 (3) (c) The court shall hold a hearing to review the permanency case plan within 30 days after receiving a report under par. (b). At least 10 days before the date of the hearing, the court shall provide notice of the time, place, and purpose of the hearing to the agency that prepared the report; the child; the child's parents, guardian, and legal custodian; and the child's foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living.

AB599, s. 118 Section 118. 808.075 (4) (a) 8. of the statutes is amended to read:

AB599,53,9 808.075 (4) (a) 8. Review of permanency plan case plans under s. 48.38 (5).

AB599, s. 119 Section 119. 808.075 (4) (fn) 8. of the statutes is amended to read:

AB599,53,11 808.075 (4) (fn) 8. Review of permanency plan case plans under s. 938.38 (5).

AB599, s. 120 Section 120. 938.028 (4) (f) 1. d. of the statutes is amended to read:

AB599,53,17 938.028 (4) (f) 1. d. Arrangements were made to provide natural and unsupervised family interaction in the most natural setting that can ensure the Indian juvenile's safety, as appropriate to the goals of the Indian juvenile's permanency case plan, including arrangements for transportation and other assistance to enable family members to participate in that interaction.

AB599, s. 121 Section 121. 938.21 (5) (d) of the statutes is amended to read:

AB599,53,22 938.21 (5) (d) If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency case plan for the juvenile.

AB599, s. 122 Section 122. 938.235 (4) (a) 1. of the statutes is amended to read:

AB599,53,25 938.235 (4) (a) 1. Participate in permanency case planning under ss. 48.43 (5) and 938.38.

AB599, s. 123 Section 123. 938.235 (4) (a) 2. of the statutes is amended to read:

AB599,54,3 938.235 (4) (a) 2. Petition for a change in placement under s. 938.357 or a trial reunification under s. 938.358.

AB599, s. 124 Section 124. 938.315 (2m) (b) of the statutes is amended to read:

AB599,54,11 938.315 (2m) (b) The court making an initial finding under s. 938.38 (5m) that the agency primarily responsible for providing services to the juvenile has made reasonable efforts to achieve the goals of the juvenile's permanency case plan more than 12 months after the date on which the juvenile was removed from the home or making any subsequent findings under s. 938.38 (5m) as to those reasonable efforts more than 12 months after the date of a previous finding as to those reasonable efforts.

AB599, s. 125 Section 125. 938.32 (1) (c) 1. c. of the statutes is amended to read:

AB599,54,16 938.32 (1) (c) 1. c. If a permanency case plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency case plan, including, if appropriate, through an out-of-state placement.

AB599, s. 126 Section 126. 938.32 (1) (d) of the statutes is amended to read:

AB599,54,21 938.32 (1) (d) If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency case plan for the juvenile.

AB599, s. 127 Section 127. 938.33 (4) (a) of the statutes is amended to read:

AB599,54,23 938.33 (4) (a) A permanency case plan prepared under s. 938.38.

AB599, s. 128 Section 128. 938.33 (4) (c) of the statutes is amended to read:

AB599,55,11 938.33 (4) (c) Specific information showing that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile, specific information showing that the county department or the agency primarily responsible for providing services to the juvenile has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and, if a permanency case plan has previously been prepared for the juvenile, specific information showing that the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency case plan, including, if appropriate, through an out-of-state placement,.

AB599, s. 129 Section 129. 938.335 (3g) (c) of the statutes is amended to read:

AB599,55,16 938.335 (3g) (c) That, if a permanency case plan has previously been prepared for the juvenile, the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency case plan, including, if appropriate, through an out-of-state placement,.

AB599, s. 130 Section 130. 938.335 (4) of the statutes is amended to read:

AB599,55,22 938.335 (4) Testimony by telephone or live audiovisual means. At hearings under this section, s. 938.357, 938.358, 938.363, or 938.365, 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. 131 Section 131. 938.355 (2) (b) 5. of the statutes is amended to read:

AB599,56,3 938.355 (2) (b) 5. For a juvenile placed outside his or her home under an order under s. 938.34 (3) or 938.345, a permanency case plan under s. 938.38 if one has been prepared.

AB599, s. 132 Section 132. 938.355 (2) (b) 6. of the statutes is amended to read:

AB599,57,2 938.355 (2) (b) 6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and, if a permanency case plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile'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 juvenile 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. 133 Section 133. 938.355 (2b) (title) of the statutes is amended to read:

AB599,57,4 938.355 (2b) (title) Concurrent reasonable efforts permitted planning.

AB599, s. 134 Section 134. 938.355 (2b) of the statutes is renumbered 938.355 (2b) (b) and amended to read:

AB599,57,21 938.355 (2b) (b) A county department or the agency primarily responsible for providing services to a juvenile under a court order may, at the same time as the county department or agency is making the reasonable efforts required under sub. (2) (b) 6. to prevent the removal of the juvenile from the home or to make it possible for the juvenile to return safely to his or her home, work with the department of children and families, 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 juvenile 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 or agency shall engage in concurrent planning and the court shall make a finding as to whether the county department or agency has made reasonable efforts to achieve the primary goal of the concurrent plan.

AB599, s. 135 Section 135. 938.355 (2b) (a) of the statutes is created to read:

AB599,58,2 938.355 (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. 938.38 (4) (fg) 1. to 5. for a juvenile who is placed in out-of-home care and for whom a case plan is required under s. 938.38 (2).

AB599, s. 136 Section 136. 938.355 (2c) (b) of the statutes is amended to read:

AB599,58,10 938.355 (2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether the county department or the agency primarily responsible for providing services to the juvenile 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 under par. (a) and whether visitation schedules between the juvenile and his or her parents were implemented, unless visitation was denied or limited by the court.

AB599, s. 137 Section 137. 938.355 (2d) (b) (intro.) of the statutes is amended to read:

AB599,58,20 938.355 (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 or the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a juvenile to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, or, if applicable, a finding as to whether the county department or agency has made reasonable efforts with respect to a parent of a juvenile to achieve the permanency case plan goal of returning the juvenile safely to his or her home, if the court finds any of the following:

AB599, s. 138 Section 138. 938.355 (2d) (c) of the statutes is amended to read:

AB599,58,25 938.355 (2d) (c) If the court finds that any of the circumstances under par. (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency case plan for the juvenile.

AB599, s. 139 Section 139. 938.355 (2e) (title) of the statutes is amended to read:

AB599,59,2 938.355 (2e) (title) Permanency Case plans; filing; amended orders; copies.

AB599, s. 140 Section 140. 938.355 (2e) (a) of the statutes is amended to read:

AB599,59,10 938.355 (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. 938.38 (3). A permanency case plan filed under this paragraph shall be made a part of the dispositional order.

AB599, s. 141 Section 141. 938.355 (2e) (b) of the statutes is amended to read:

AB599,59,17 938.355 (2e) (b) Each time a juvenile's placement is changed under s. 938.357, a trial reunification is ordered under s. 938.358, or a dispositional order is revised under s. 938.363 or extended under s. 938.365, 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 shall be made a part of the court order.

AB599, s. 142 Section 142. 938.355 (2e) (c) of the statutes is amended to read:

AB599,59,22 938.355 (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 juvenile's parent or guardian, to the juvenile or the juvenile's counsel or guardian ad litem and to the person representing the interests of the public.

AB599, s. 143 Section 143. 938.356 (1) of the statutes is amended to read:

AB599,60,6 938.356 (1) Oral warning. Whenever the court orders a juvenile to be placed outside his or her home or denies a parent visitation because the juvenile has been adjudged to be delinquent or to be in need of protection or services under s. 938.34, 938.345, 938.357, 938.363, or 938.365 and whenever the court reviews a permanency case plan under s. 938.38 (5m), the court shall orally inform the parent or parents who appear 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 juvenile to be returned to the home or for the parent to be granted visitation.