AB599: Bill Text

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).

AB599,22,6 (c) Exception. Paragraphs (a) and (b) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

AB599, s. 34 Section 34. 48.363 (1) (a) of the statutes is amended to read:

AB599,22,21 48.363 (1) (a) A child, the child's parent, guardian, legal custodian, or Indian custodian, an expectant mother, an unborn child by the unborn child's guardian ad litem, any person or agency bound by a dispositional order, or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement or a trial reunification, including a revision with respect to the amount of child support to be paid by a parent. The court may also propose a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter prior to any revision of the dispositional order if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves.

AB599, s. 35 Section 35. 48.365 (2g) (b) 2. of the statutes is amended to read:

AB599,23,2 48.365 (2g) (b) 2. An evaluation of the child's adjustment to the placement and of any progress the child has made, suggestions for amendment of the permanency case plan, and specific information showing the efforts that have been made to achieve the goal of the permanency case plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the child's placement.

AB599, s. 36 Section 36. 48.365 (2g) (b) 3. of the statutes, as affected by 2009 Wisconsin Act 79, is amended to read:

AB599,23,23 48.365 (2g) (b) 3. If the child has been placed outside of his or her home in a foster home, group home, 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 child was a runaway from the out-of-home placement or the first 6 months of any period during which the child was returned to his or her home for a trial home visit reunification, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the child. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the child, and whether or not the child should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the child be registered with the adoption information exchange or report the reason why registering the child is contrary to the best interest of the child.

AB599, s. 37 Section 37. 48.365 (2m) (a) 1. of the statutes is amended to read:

AB599,24,11 48.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the child is placed outside of his or her home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the person 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, under. If an Indian child is placed outside the home of his or her parent or Indian custodian, the person or agency primarily responsible for providing services to the Indian child shall also present as evidence specific information showing that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful.

AB599, s. 38 Section 38. 48.365 (2m) (a) 1m. of the statutes is amended to read:

AB599,24,21 48.365 (2m) (a) 1m. The judge shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the child to achieve the goal of the child's permanency case plan, including, if appropriate, through an out-of-state placement, under. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the findings of fact shall also include a finding that active efforts under s. 48.028 (4) (d) 2. were made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful. An order shall be issued under s. 48.355.

AB599, s. 39 Section 39. 48.365 (2m) (a) 3. of the statutes is amended to read:

AB599,25,6 48.365 (2m) (a) 3. The judge shall make the findings under subd. 1m. relating to reasonable efforts to achieve the goal of the child's permanency case plan and the findings under subd. 2. 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 order issued under s. 48.355. An order that merely references subd. 1m. or 2. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.

AB599, s. 40 Section 40. 48.365 (2m) (ad) of the statutes is amended to read:

AB599,25,11 48.365 (2m) (ad) If the judge finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge 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. 41 Section 41. 48.365 (7) of the statutes is amended to read:

AB599,25,15 48.365 (7) Nothing in this section may be construed to allow any changes in placement or trial reunifications. Changes in placement may take place only under s. 48.357, and trial reunifications may take place only under s. 48.358.

AB599, s. 42 Section 42. 48.371 (1) (a) of the statutes is amended to read:

AB599,25,22 48.371 (1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the child, as provided under s. 252.15 (3m) (d) 15., including results included in a court report or permanency case plan. At the time that the HIV test results are provided, the agency shall notify the foster parent, relative, or operator of the group home or residential care center for children and youth of the confidentiality requirements under s. 252.15 (6).

AB599, s. 43 Section 43. 48.371 (1) (b) of the statutes is amended to read:

AB599,26,3 48.371 (1) (b) Results of any tests of the child to determine the presence of viral hepatitis, type B, including results included in a court report or permanency case plan.

AB599, s. 44 Section 44. 48.371 (3) (intro.) of the statutes is amended to read:

AB599,26,16 48.371 (3) (intro.) At the time of placement of a child in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency case plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency case plan shall provide to the foster parent, relative, or operator of the group home or residential care center for children and youth information contained in the court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2), or 48.837 (4) (c) or permanency case plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), or 48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency case plan relating to any of the following:

AB599, s. 45 Section 45. 48.371 (4) of the statutes is amended to read:

AB599,26,24 48.371 (4) Subsection (1) does not preclude an agency, as defined in s. 48.38 (1) (a), that is arranging for the placement of a child from providing the information specified in sub. (1) (a) to (c) to a person specified in sub. (1) (intro.) before the time of placement of the child. Subsection (3) does not preclude an agency, as defined in s. 48.38 (1) (a), responsible for preparing a child's court report or permanency case plan from providing the information specified in sub. (3) (a) to (e) to a person specified in sub. (3) (intro.) before the time of placement of the child.

AB599, s. 46 Section 46. 48.371 (5) of the statutes is amended to read:

AB599,27,6 48.371 (5) Except as permitted under s. 252.15 (6), a foster parent, relative, or operator of a group home or residential care center for children and youth 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 child or participating in a court hearing or permanency case plan review concerning the child.

AB599, s. 47 Section 47. Subchapter VII (title) of chapter 48 [precedes 48.38] of the statutes is amended to read:

AB599,27,9 chapter 48

AB599,27,10 Subchapter VII

AB599,27,11 permanency case planning; records

AB599, s. 48 Section 48. 48.38 (title) of the statutes is amended to read:

AB599,27,13 48.38 (title) Permanency Case planning.

AB599, s. 49 Section 49. 48.38 (1) (am) of the statutes is amended to read:

AB599,27,18 48.38 (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. 50 Section 50. 48.38 (1) (b) of the statutes is renumbered 48.02 (1v) and amended to read:

AB599,27,23 48.02 (1v) "Permanency Case plan" means a plan designed to ensure that a child is reunified with his or her family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability.

AB599, s. 51 Section 51. 48.38 (2) (intro.) of the statutes is amended to read:

AB599,28,9 48.38 (2) Permanency Case plan required. (intro.) Except as provided in sub. (3), for each child 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 child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 (2) (b) 6g. shall prepare a written permanency case plan, if any of the following conditions exists, and, for each child 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 specified in pars. (a) to (e) exists:

AB599, s. 52 Section 52. 48.38 (3) of the statutes is amended to read:

AB599,28,16 48.38 (3) Time. 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 child was first removed from his or her home, except that if the child 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 child is returned to his or her home within that period.

AB599, s. 53 Section 53. 48.38 (4) (intro.) of the statutes is amended to read:

AB599,28,19 48.38 (4) Contents of plan. (intro.) The permanency case plan shall include all of the following:

AB599, s. 54 Section 54. 48.38 (4) (ar) of the statutes is amended to read:

AB599,29,3 48.38 (4) (ar) A description of the services offered and any services provided in an effort to prevent the removal of the child from his or her home, while assuring that the health and safety of the child 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 child to prevent the removal of the child from the home or to achieve the permanency case plan goal of returning the child safely to his or her home if any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies to that parent.

AB599, s. 55 Section 55. 48.38 (4) (br) 2. of the statutes is amended to read:

AB599,29,14 48.38 (4) (br) 2. If the child has one or more siblings who have also been removed from the home, a description of the efforts made to place the child in a placement that enables the sibling group to remain together and, if a decision is made not to place the child 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 child or any of those siblings and a description of the efforts made to provide for frequent visitation or other ongoing interaction between the child 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 child or any of those siblings.

AB599, s. 56 Section 56. 48.38 (4) (f) 3. of the statutes is amended to read:

AB599,29,20 48.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe return of the child to his or her home, or, if appropriate, obtain an alternative permanent placement for the child a placement for adoption, with a guardian, with a fit and willing relative, or in some other planned permanent living arrangement in which the child is in a long-term relationship with an adult.

AB599, s. 57 Section 57. 48.38 (4) (fg) (intro.) of the statutes is amended to read:

AB599,30,11 48.38 (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. 48.355 (2b) (a), the primary and concurrent goals of the permanency case plan. If a goal of the permanency case plan is any goal other than return of the child to his or her home to place the child 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 child 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. 48.355 (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 child's permanency case plan:

AB599, s. 58 Section 58. 48.38 (4) (fg) 5. of the statutes is amended to read:

AB599,30,16 48.38 (4) (fg) 5. Some As provided in par. (fm), some other alternative planned permanent placement living arrangement in which the child 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. 59 Section 59. 48.38 (4) (fm) of the statutes is renumbered 48.38 (4) (fm) (intro.) and amended to read:

AB599,30,25 48.38 (4) (fm) (intro.) 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 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, or the permanency goal of placing the child 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:

AB599,31,4 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.

AB599, s. 60 Section 60. 48.38 (4) (fm) 1. of the statutes is created to read:

AB599,31,8 48.38 (4) (fm) 1. A concurrent plan under s. 48.355 (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. 61 Section 61. 48.38 (4) (i) of the statutes is amended to read:

AB599,31,17 48.38 (4) (i) A statement as to whether the child's age and developmental level are sufficient for the court to consult with the child at the permanency case plan determination hearing under sub. (4m) (c) or at the permanency case plan hearing under sub. (5m) (c) 2. or s. 48.43 (5) (b) 2. or for the court or panel to consult with the child 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 or panel to consult with the child, a statement as to why consultation with the child would not be appropriate.