AB599: Bill Text

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.

AB599,86,4 (a) Trial reunifications. The treatment of sections 48.235 (4) (a) 2. and (4m) (a) 2., 48.299 (4) (b), 48.335 (4), 48.358, 938.235 (4) (a) 2., 938.335 (4), and 938.358 of the statutes first applies to a trial reunification requested or proposed on the effective date of this paragraph.

AB599,86,7 (b) Revisions of dispositional orders. The treatment of sections 48.363 (1) (a) and 938.363 (1) (a) of the statutes first applies to a revision of a dispositional order requested or proposed on the effective date of this paragraph.

AB599,86,10 (c) Extensions of dispositional orders. The treatment of sections 48.365 (2g) (b) 3. and (7) and 938.365 (2g) (b) 3. and (7) of the statutes first applies to an extension of a dispositional order requested or proposed on the effective date of this paragraph.

AB599,86,13 (d) Terminations of parental rights. The treatment of section 48.417 (1) (a) of the statutes first applies to a termination of parental rights petition filed or joined in on the effective date of this paragraph.

AB599, s. 202 Section 202. Effective date.

AB599,86,16 (1) Case planning for children in out-of-home care. This act takes effect on November 1, 2012.

AB599,86,17 (End)