AB599: Bill Text

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.

AB599, s. 62 Section 62. 48.38 (4m) (title) of the statutes is amended to read:

AB599,31,20 48.38 (4m) (title) Reasonable efforts not required; Permanency permanency case plan determination hearing.

AB599, s. 63 Section 63. 48.38 (4m) (a) of the statutes is amended to read:

AB599,32,6 48.38 (4m) (a) If in a proceeding under s. 48.21, 48.32, 48.355, 48.357, or 48.365 the court finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. 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 child. 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 child in a placement outside this state if the court determines that such a placement would be in the best interests of the child and appropriate to achieving the goal of the child's permanency case plan.

AB599, s. 64 Section 64. 48.38 (4m) (c) of the statutes is amended to read:

AB599,32,22 48.38 (4m) (c) If the child's permanency case plan includes a statement under sub. (4) (i) indicating that the child's age and developmental level are sufficient for the court to consult with the child regarding the child'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 child, the court determines that consultation with the child would be in the best interests of the child, the court shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child's permanency case plan and any other matters the court finds appropriate. If none of those circumstances apply, the court may permit the child's caseworker, the child's counsel, or, subject to s. 48.235 (3) (a), the child'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 child'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 child to be physically present at the hearing.

AB599, s. 65 Section 65. 48.38 (5) (a) of the statutes is amended to read:

AB599,33,8 48.38 (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 child was first removed from his or her home and every 6 months after a previous review under this subsection for as long as the child is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the child 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, which hearing may be instead of or in addition to the review under this subsection.

AB599, s. 66 Section 66. 48.38 (5) (ag) of the statutes is amended to read:

AB599,33,17 48.38 (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 child or the parents of the child whose permanency case plan is the subject of the review.

AB599, s. 67 Section 67. 48.38 (5) (am) of the statutes is amended to read:

AB599,34,2 48.38 (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 in a county having a population of less than 500,000 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. If the court in a county having a population of 500,000 or more appoints an independent agency under this paragraph, the department shall authorize and contract for the purchase of services from the independent agency.

AB599, s. 68 Section 68. 48.38 (5) (bm) 2. of the statutes is amended to read:

AB599,34,19 48.38 (5) (bm) 2. If the child's permanency case plan includes a statement under sub. (4) (i) indicating that the child's age and developmental level are sufficient for the court or panel to consult with the child regarding the child'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 child, the court or panel determines that consultation with the child would be in the best interests of the child, the court or panel shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child'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 child's caseworker, the child's counsel, or, subject to s. 48.235 (3) (a), the child'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 child'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 child to be physically present at the review.

AB599, s. 69 Section 69. 48.38 (5) (c) 2. of the statutes is amended to read:

AB599,34,23 48.38 (5) (c) 2. The extent of compliance with the permanency case plan by the agency and any other service providers, the child's parents, the child and the child's guardian, if any.

AB599, s. 70 Section 70. 48.38 (5) (c) 5. of the statutes is amended to read:

AB599,35,4 48.38 (5) (c) 5. The date by which it is likely that the child 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 child is in a long-term relationship with an adult.

AB599, s. 71 Section 71. 48.38 (5) (c) 6. (intro.) of the statutes is amended to read:

AB599,35,13 48.38 (5) (c) 6. (intro.) If the child has been placed outside of his or her home, as described in s. 48.365 (1), 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, the appropriateness of the permanency case plan and the circumstances which prevent the child from any of the following:

AB599, s. 72 Section 72. 48.38 (5) (c) 6. d. of the statutes is amended to read:

AB599,35,18 48.38 (5) (c) 6. d. Being placed in 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. 73 Section 73. 48.38 (5) (c) 6m. of the statutes is created to read:

AB599,35,24 48.38 (5) (c) 6m. If the case plan calls for concurrent planning, as defined in s. 48.355 (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. 74 Section 74. 48.38 (5) (c) 7. of the statutes is amended to read:

AB599,36,3 48.38 (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,.