AB599: Bill Text

AB599,72,7 938.371 (5) Confidentiality of information. Except as permitted under s. 252.15 (6), a foster parent, treatment foster parent, relative, or operator of a group home, residential care center for children and youth, or juvenile correctional facility that receives any information under sub. (1) or (3), other than the information described in sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the juvenile or participating in a court hearing or permanency case plan review concerning the juvenile.

AB599, s. 161 Section 161. Subchapter VII (title) of chapter 938 [precedes 938.38] of the statutes is amended to read:

AB599,72,10 chapter 938

AB599,72,11 Subchapter VII

AB599,72,12 permanency case planning; records

AB599, s. 162 Section 162. 938.38 (title) of the statutes is amended to read:

AB599,72,14 938.38 (title) Permanency Case planning.

AB599, s. 163 Section 163. 938.38 (1) (am) of the statutes is amended to read:

AB599,72,19 938.38 (1) (am) "Independent agency" means a private, nonprofit organization, but does not include a licensed child welfare agency that is authorized to prepare permanency case plans or that is assigned the primary responsibility of providing services under a permanency case plan.

AB599, s. 164 Section 164. 938.38 (1) (b) of the statutes is renumbered 938.02 (1v) and amended to read:

AB599,72,24 938.02 (1v) "Permanency Case plan" means a plan designed to ensure that a juvenile is reunified with his or her family whenever appropriate, or that the juvenile quickly attains a placement or home providing long-term stability.

AB599, s. 165 Section 165. 938.38 (2) (intro.) of the statutes is amended to read:

AB599,73,9 938.38 (2) Permanency Case plan required. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, group home, residential care center for children and youth, juvenile detention facility, or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g. shall prepare a written permanency case plan, if any of the following conditions exists, and, for each juvenile living in the home of a relative other than a parent, that agency shall prepare a written permanency case plan, if any of the conditions under pars. (a) to (e) exists:

AB599, s. 166 Section 166. 938.38 (3) (intro.) of the statutes is amended to read:

AB599,73,14 938.38 (3) Time. (intro.) Subject to sub. (4m) (a), the agency shall file the permanency case plan with the court within 60 days after the date on which the juvenile was first removed from his or her home, except under either of the following conditions:

AB599, s. 167 Section 167. 938.38 (3) (a) of the statutes is amended to read:

AB599,73,24 938.38 (3) (a) If the juvenile is alleged to be delinquent and is being held in a juvenile detention facility, juvenile portion of a county jail, or shelter care facility, and the agency intends to recommend that the juvenile be placed in a juvenile correctional facility or a secured residential care center for children and youth, the agency is not required to submit the permanency case plan unless the court does not accept the recommendation of the agency. If the court places the juvenile in any facility outside of the juvenile's home other than a juvenile correctional facility or a secured c residential care center for children and youth, the agency shall file the permanency case plan with the court within 60 days after the date of disposition.

AB599, s. 168 Section 168. 938.38 (3) (b) of the statutes is amended to read:

AB599,74,3 938.38 (3) (b) If the juvenile is held for less than 60 days in a juvenile detention facility, juvenile portion of a county jail, or a shelter care facility, no permanency case plan is required if the juvenile is returned to his or her home within that period.

AB599, s. 169 Section 169. 938.38 (4) (intro.) of the statutes is amended to read:

AB599,74,6 938.38 (4) Contents of plan. (intro.) The permanency case plan shall include all of the following:

AB599, s. 170 Section 170. 938.38 (4) (ar) of the statutes is amended to read:

AB599,74,16 938.38 (4) (ar) A description of the services offered and any services provided in an effort to prevent the removal of the juvenile from his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to achieve the goal of the permanency case plan, except that the permanency case plan is not required to include a description of the services offered or provided with respect to a parent of the juvenile to prevent the removal of the juvenile from the home or to achieve the permanency case plan goal of returning the juvenile safely to his or her home if any of the circumstances under s. 938.355 (2d) (b) 1. to 4. apply to that parent.

AB599, s. 171 Section 171. 938.38 (4) (br) 2. of the statutes is amended to read:

AB599,75,2 938.38 (4) (br) 2. If the juvenile has one or more siblings who have also been removed from the home, a description of the efforts made to place the juvenile in a placement that enables the sibling group to remain together and, if a decision is made not to place the juvenile and his or her siblings in a joint placement, a statement as to why a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings and a description of the efforts made to provide for frequent visitation or other ongoing interaction between the juvenile and those siblings. If a decision is made not to provide for that visitation or interaction, the permanency case plan shall include a statement as to why that visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings.

AB599, s. 172 Section 172. 938.38 (4) (f) 3. of the statutes is amended to read:

AB599,75,8 938.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe return of the juvenile to his or her home, or, if appropriate, obtain an alternative permanent placement for the juvenile a placement for adoption, with a guardian, with a fit and willing relative, or in some other planned permanent living arrangement in which the juvenile is in a long-term relationship with an adult.

AB599, s. 173 Section 173. 938.38 (4) (fg) (intro.) of the statutes is amended to read:

AB599,75,24 938.38 (4) (fg) (intro.) The goal of the permanency case plan or, if the agency is making concurrent reasonable efforts under engaging in concurrent planning, as defined in s. 938.355 (2b) (a), the primary and concurrent goals of the permanency case plan. If a goal of the permanency plan is any goal other than return of the juvenile to his or her home to place the juvenile for adoption, with a guardian, or with a fit and willing relative, the permanency case plan shall include the rationale for deciding on that goal. If a goal of the permanency plan is an alternative permanent placement under subd. 5., the permanency plan shall document a compelling reason why it would not be in the best interest of the juvenile to pursue a goal specified in subds. 1. to 4. and the efforts made to achieve that goal, including, if appropriate, through an out-of-state placement. If the agency determines under s. 938.355 (2b) (b) to engage in concurrent planning, the case plan shall include the rationale for that determination and a description of the concurrent plan and the primary and concurrent goals of the concurrent plan. The agency shall determine one or more of the following goals to be the goal or goals of a juvenile's permanency case plan:

AB599, s. 174 Section 174. 938.38 (4) (fg) 5. of the statutes is amended to read:

AB599,76,4 938.38 (4) (fg) 5. Some As provided in par. (fm), some other alternative planned permanent placement living arrangement in which the juvenile is in a long-term relationship with an adult, including sustaining care, independent living, or long-term foster care, but not including independent living.

AB599, s. 175 Section 175. 938.38 (4) (fm) of the statutes is renumbered 938.38 (4) (fm) (intro.) and amended to read:

AB599,76,13 938.38 (4) (fm) If the goal of the permanency plan is to agency determines that there is a compelling reason why it would not be in the best interests of the juvenile to return the juvenile to his or her home or to place the juvenile for adoption, with a guardian, or with a fit and willing relative, or the permanency goal of placing the juvenile in some other alternative planned permanent placement living arrangement described in par. (fg) 5. If the agency makes that determination, the plan shall include all of the following:

AB599,76,17 2. The compelling reason why it would not be in the best interests of the juvenile to return the juvenile to his or her home or to place the juvenile 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.

AB599, s. 176 Section 176. 938.38 (4) (fm) 1. of the statutes is created to read:

AB599,76,21 938.38 (4) (fm) 1. A concurrent plan under s. 938.355 (2b) (b) towards achieving a permanency goal under par. (fg) 1. to 4. as well as the permanency goal under par. (fg) 5.

AB599, s. 177 Section 177. 938.38 (4) (i) of the statutes is amended to read:

AB599,77,5 938.38 (4) (i) A statement as to whether the juvenile's age and developmental level are sufficient for the court to consult with the juvenile at the permanency case plan determination hearing under sub. (4m) (c) or at the permanency case plan hearing under sub. (5m) (c) 2. or for the court or panel to consult with the juvenile at the permanency case plan review under sub. (5) (bm) 2. and, if a decision is made that it would not be age appropriate or developmentally appropriate for the court to consult with the juvenile, a statement as to why consultation with the juvenile would not be appropriate.

AB599, s. 178 Section 178. 938.38 (4m) (title) of the statutes is amended to read:

AB599,77,8 938.38 (4m) (title) Reasonable efforts not required; Permanency permanency case plan determination hearing.

AB599, s. 179 Section 179. 938.38 (4m) (a) of the statutes is amended to read:

AB599,77,19 938.38 (4m) (a) If in a proceeding under s. 938.21, 938.32, 938.355, 938.357, or 938.365 the court finds that any of the circumstances in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency case plan for the juvenile. If a hearing is held under this paragraph, the agency responsible for preparing the permanency case plan shall file the permanency case plan with the court not less than 5 days before the date of the hearing. At the hearing, the court shall consider placing the juvenile in a placement outside this state if the court determines that such a placement would be in the best interests of the juvenile and appropriate to achieving the goal of the juvenile's permanency case plan.

AB599, s. 180 Section 180. 938.38 (4m) (c) of the statutes is amended to read:

AB599,78,11 938.38 (4m) (c) If the juvenile's permanency case plan includes a statement under sub. (4) (i) indicating that the juvenile's age and developmental level are sufficient for the court to consult with the juvenile regarding the juvenile's permanency case plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court to consult with the juvenile, the court determines that consultation with the juvenile would be in the best interests of the juvenile, the court shall consult with the juvenile, in an age-appropriate and developmentally appropriate manner, regarding the juvenile's permanency case plan and any other matters the court finds appropriate. If none of those circumstances apply, the court may permit the juvenile's caseworker, the juvenile's counsel, or, subject to s. 938.235 (3) (a), the juvenile's guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the juvenile's wishes, goals, and concerns regarding the permanency case plan and those matters. If the court permits such a written or oral statement to be made or submitted, the court may nonetheless require the juvenile to be physically present at the hearing.

AB599, s. 181 Section 181. 938.38 (5) (a) of the statutes is amended to read:

AB599,78,22 938.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed under par. (ag) shall review the permanency case plan in the manner provided in this subsection not later than 6 months after the date on which the juvenile was first removed from his or her home and every 6 months after a previous review under this subsection for as long as the juvenile is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the juvenile was first removed from his or her home and the reviews that are required to be conducted every 12 months after that review, the court shall hold a hearing under sub. (5m) to review the permanency case plan. The hearing may be instead of or in addition to the review under this subsection.

AB599, s. 182 Section 182. 938.38 (5) (ag) of the statutes is amended to read:

AB599,79,7 938.38 (5) (ag) If the court elects not to review the permanency case plan, the court shall appoint a panel to review the permanency case plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency case plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency case plan and who are not responsible for providing services to the juvenile or the parents of the juvenile whose permanency case plan is the subject of the review.

AB599, s. 183 Section 183. 938.38 (5) (am) of the statutes is amended to read:

AB599,79,13 938.38 (5) (am) The court may appoint an independent agency to designate a panel to conduct a permanency case plan review under par. (a). If the court appoints an independent agency under this paragraph, the county department of the county of the court shall authorize and contract for the purchase of services from the independent agency.

AB599, s. 184 Section 184. 938.38 (5) (bm) 2. of the statutes is amended to read:

AB599,80,5 938.38 (5) (bm) 2. If the juvenile's permanency case plan includes a statement under sub. (4) (i) indicating that the juvenile's age and developmental level are sufficient for the court or panel to consult with the juvenile regarding the juvenile's permanency case plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court or panel to consult with the juvenile, the court or panel determines that consultation with the juvenile would be in the best interests of the juvenile, the court or panel shall consult with the juvenile, in an age-appropriate and developmentally appropriate manner, regarding the juvenile's permanency case plan and any other matters the court or panel finds appropriate. If none of those circumstances apply, the court or panel may permit the juvenile's caseworker, the juvenile's counsel, or, subject to s. 938.235 (3) (a), the juvenile's guardian ad litem to make a written or oral statement during the review, or to submit a written statement prior to the review, expressing the juvenile's wishes, goals, and concerns regarding the permanency case plan and those matters. If the court or panel permits such a written or oral statement to be made or submitted, the court or panel may nonetheless require the juvenile to be physically present at the review.

AB599, s. 185 Section 185. 938.38 (5) (c) 2. of the statutes is amended to read:

AB599,80,9 938.38 (5) (c) 2. The extent of compliance with the permanency case plan by the agency and any other service providers, the juvenile's parents, the juvenile and the juvenile's guardian, if any.

AB599, s. 186 Section 186. 938.38 (5) (c) 5. of the statutes is amended to read:

AB599,80,14 938.38 (5) (c) 5. The date by which it is likely that the juvenile will be returned to his or her home or placed for adoption, with a guardian, with a fit and willing relative, or in some other alternative planned permanent placement living arrangement in which the juvenile is in a long-term relationship with an adult.

AB599, s. 187 Section 187. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:

AB599,80,23 938.38 (5) (c) 6. (intro.) If the juvenile has been placed outside of his or her home, as described in s. 938.365 (1), in a foster home, group home, nonsecured residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile was returned to his or her home for a trial home visit reunification, the appropriateness of the permanency case plan and the circumstances which prevent the juvenile from any of the following:

AB599, s. 188 Section 188. 938.38 (5) (c) 6. d. of the statutes is amended to read:

AB599,81,4 938.38 (5) (c) 6. d. Being placed in some other alternative planned permanent placement living arrangement in which the juvenile is in a long-term relationship with an adult, including sustaining care, independent living, or long-term foster care, but not including independent living.

AB599, s. 189 Section 189. 938.38 (5) (c) 6m. of the statutes is created to read:

AB599,81,10 938.38 (5) (c) 6m. If the case plan calls for concurrent planning, as defined in s. 938.355 (2b) (a), the appropriateness, in light of the standards established by the department, of each of the permanency goals of the concurrent plan. If the court or panel does not approve of any one or more of those goals, the court or panel must include in its determinations under this paragraph the reasons for that disapproval.

AB599, s. 190 Section 190. 938.38 (5) (c) 7. of the statutes is amended to read:

AB599,81,14 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency case plan, including, if appropriate, through an out-of-state placement,.

AB599, s. 191 Section 191. 938.38 (5) (d) of the statutes is amended to read:

AB599,82,6 938.38 (5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the permanency case plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the juvenile's parent, guardian, and legal custodian, the person representing the interests of the public, the juvenile's counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe a copy of the permanency case plan and any written comments submitted under par. (bm) 1. Notwithstanding s. 938.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the juvenile's counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

AB599, s. 192 Section 192. 938.38 (5m) (title) of the statutes is amended to read:

AB599,82,8 938.38 (5m) (title) Permanency Case plan hearing.

AB599, s. 193 Section 193. 938.38 (5m) (a) of the statutes is amended to read:

AB599,82,14 938.38 (5m) (a) The court shall hold a hearing to review the permanency case plan and to make the determinations specified in sub. (5) (c) no later than 12 months after the date on which the juvenile was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the juvenile is placed outside the home.

AB599, s. 194 Section 194. 938.38 (5m) (b) of the statutes is amended to read:

AB599,83,3 938.38 (5m) (b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; and the juvenile's foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the permanency case plan; the person representing the interests of the public; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the date, time, and place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par. (c) 1.

AB599, s. 195 Section 195. 938.38 (5m) (c) 2. of the statutes is amended to read:

AB599,83,20 938.38 (5m) (c) 2. If the juvenile's permanency case plan includes a statement under sub. (4) (i) indicating that the juvenile's age and developmental level are sufficient for the court to consult with the juvenile regarding the juvenile's permanency case plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court to consult with the juvenile, the court determines that consultation with the juvenile would be in the best interests of the juvenile, the court shall consult with the juvenile, in an age-appropriate and developmentally appropriate manner, regarding the juvenile's permanency case plan and any other matters the court finds appropriate. If none of those circumstances apply, the court may permit the juvenile's caseworker, the juvenile's counsel, or, subject to s. 938.235 (3) (a), the juvenile's guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the juvenile's wishes, goals, and concerns regarding the permanency case plan and those matters. If the court permits such a written or oral statement to be made or submitted, the court may nonetheless require the juvenile to be physically present at the hearing.

AB599, s. 196 Section 196. 938.38 (5m) (d) of the statutes is amended to read:

AB599,84,11 938.38 (5m) (d) At least 5 days before the date of the hearing the agency that prepared the permanency case plan shall provide a copy of the permanency case plan and any written comments submitted under par. (c) 1. to the court, to the juvenile's parent, guardian, and legal custodian, to the person representing the interests of the public, to the juvenile's counsel or guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), to the Indian juvenile's Indian custodian and tribe. Notwithstanding s. 938.78 (2) (a), the person representing the interests of the public, the juvenile's counsel or guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

AB599, s. 197 Section 197. 938.38 (5m) (e) of the statutes is amended to read:

AB599,85,5 938.38 (5m) (e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the agency that prepared the permanency case plan; the person representing the interests of the public; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe. The court shall make the findings specified in sub. (5) (c) 7. 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 findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.

AB599, s. 198 Section 198. 938.38 (5m) (f) of the statutes is amended to read:

AB599,85,11 938.38 (5m) (f) If the findings of fact and conclusions of law under par. (e) conflict with the juvenile's dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under s. 938.363 or, order a change in placement under s. 938.357, or order a trial reunification under s. 938.358, as appropriate.

AB599, s. 199 Section 199. 938.38 (6) (a) of the statutes is amended to read:

AB599,85,13 938.38 (6) (a) Procedures for conducting permanency case plan reviews.

AB599, s. 200 Section 200. 938.38 (6) (d) of the statutes is amended to read:

AB599,85,15 938.38 (6) (d) The format for permanency case plans and review panel reports.

AB599, s. 201 Section 201. Initial applicability.

AB599,85,17 (1) Case planning for children in out-of-home care.

AB599,85,19 (a) Case plan contents. Except as provided in paragraph (b ) and subsection (2), this act first applies to a case plan filed on the effective date of this paragraph.

AB599,85,23 (b) Case plan reviews and hearings. The treatment of sections 48.38 (5) (c) 5., 6. (intro.) and d., and 6m. and (5m) (f) and 938.38 (5) (c) 5., 6. (intro.) and d., and 6m. and (5m) (f) of the statutes first apply to a hearing or review for which a case plan is filed or provided on the effective date of this paragraph.

AB599,85,24 (2) Trial reunifications for children in out-of-home care.