SB502: Bill Text

SB502,65,12 (b) Revocation hearing; when required. Any person who is entitled to receive notice of the revocation request under par. (a) 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.

SB502,65,19 (c) Revocation order. If the court finds that the juvenile, while returned to the home of his or her parent or other home from which the juvenile 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 juvenile is likely to occur, or finds that the trial reunification is no longer in the best interests of the juvenile, the court shall grant an order revoking the trial reunification and returning the juvenile to an out-of-home placement.

SB502,65,23 (d) Emergency change in placement. If an emergency condition necessitates an immediate removal of the juvenile from the home of his or her parent or other home from which the juvenile was removed, the person or agency primarily responsible for implementing the dispositional order may proceed as provided in s. 938.357 (2).

SB502,66,9 (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 juvenile 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 juvenile 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.

SB502,66,15 (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 juvenile, if the conviction has not been reversed, set aside, or vacated.

SB502,66,21 (b) Revocation. Except as provided in par. (c), if a parent in whose home a juvenile 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 juvenile'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).

SB502,66,25 (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 juvenile. The court shall consider the wishes of the juvenile in making that determination.

SB502, s. 148 Section 148. 938.363 (1) (a) of the statutes is amended to read:

SB502,67,16 938.363 (1) (a) A juvenile, the juvenile's parent, guardian, or legal custodian, any person or agency bound by a dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered or, if the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian 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 that 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.

SB502, s. 149 Section 149. 938.365 (2g) (b) 2. of the statutes is amended to read:

SB502,67,23 938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile 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 juvenile's placement.

SB502, s. 150 Section 150. 938.365 (2g) (b) 3. of the statutes is amended to read:

SB502,68,20 938.365 (2g) (b) 3. If the juvenile has been placed outside of his or her home 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, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the juvenile. 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 juvenile and whether or not the juvenile 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 juvenile be registered with the adoption information exchange or report the reason why registering the juvenile is contrary to the best interest of the juvenile.

SB502, s. 151 Section 151. 938.365 (2m) (a) 1. of the statutes is amended to read:

SB502,69,7 938.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the goal of the juvenile's permanency case plan, including, if appropriate, through an out-of-state placement,. If an Indian juvenile is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the person or agency primarily responsible for providing services to the Indian juvenile shall also present as evidence specific information showing that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful.

SB502, s. 152 Section 152. 938.365 (2m) (a) 1m. of the statutes is amended to read:

SB502,69,18 938.365 (2m) (a) 1m. The court 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 juvenile to achieve the goal of the juvenile's permanency case plan, including, if appropriate, through an out-of-state placement,. 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 findings of fact shall also include a finding that active efforts under s. 938.028 (4) (d) 2. were made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful. An order shall be issued under s. 938.355.

SB502, s. 153 Section 153. 938.365 (2m) (a) 3. of the statutes is amended to read:

SB502,70,3 938.365 (2m) (a) 3. The court shall make the findings under subd. 1m. relating to reasonable efforts to achieve the goal of the juvenile's permanency case plan and the findings under subd. 2. 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 order issued under s. 938.355. 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.

SB502, s. 154 Section 154. 938.365 (2m) (ad) of the statutes is amended to read:

SB502,70,8 938.365 (2m) (ad) If the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency case plan for the juvenile.

SB502, s. 155 Section 155. 938.365 (7) of the statutes is amended to read:

SB502,70,14 938.365 (7) Changes in placement and trial reunifications not permitted. Nothing in this section may be construed to allow any changes in placement, trial reunification, or revocation of aftercare supervision. Revocation and other changes in placement may take place only under s. 938.357, and trial reunifications may take place only under s. 938.358.

SB502, s. 156 Section 156. 938.371 (1) (a) of the statutes is amended to read:

SB502,70,21 938.371 (1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the juvenile 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 test results are provided, the agency shall notify the foster parent, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility of the confidentiality requirements under s. 252.15 (6).

SB502, s. 157 Section 157. 938.371 (1) (b) of the statutes is amended to read:

SB502,70,25 938.371 (1) (b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency case plan.

SB502, s. 158 Section 158. 938.371 (3) (intro.) of the statutes is amended to read:

SB502,71,14 938.371 (3) Other information. (intro.) At the time of placement of a juvenile in a foster home, group home, residential care center for children and youth, or juvenile correctional facility 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. 938.38 (1) (a), responsible for preparing the juvenile's permanency case plan shall provide to the foster parent, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility information contained in the court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency case plan submitted under s. 938.355 (2e) or 938.38 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:

SB502, s. 159 Section 159. 938.371 (4) of the statutes is amended to read:

SB502,71,23 938.371 (4) Disclosure before placement permitted. Subsection (1) does not preclude an agency, as defined in s. 48.38 (1) (a), that is arranging for the placement of a juvenile 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 juvenile. Subsection (3) does not preclude an agency, as defined in s. 48.38 (1) (a), responsible for preparing a juvenile'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 juvenile.

SB502, s. 160 Section 160. 938.371 (5) of the statutes is amended to read:

SB502,72,7 938.371 (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.

SB502, s. 161 Section 161. Subchapter VII (title) of chapter 938 [precedes 938.38] of the statutes is amended to read:

SB502,72,10 chapter 938

SB502,72,11 Subchapter VII

SB502,72,12 permanency case planning; records

SB502, s. 162 Section 162. 938.38 (title) of the statutes is amended to read:

SB502,72,14 938.38 (title) Permanency Case planning.

SB502, s. 163 Section 163. 938.38 (1) (am) of the statutes is amended to read:

SB502,72,19 938.38 (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.

SB502, s. 164 Section 164. 938.38 (1) (b) of the statutes is renumbered 938.02 (1v) and amended to read:

SB502,72,24 938.02 (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.

SB502, s. 165 Section 165. 938.38 (2) (intro.) of the statutes is amended to read:

SB502,73,9 938.38 (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:

SB502, s. 166 Section 166. 938.38 (3) (intro.) of the statutes is amended to read:

SB502,73,14 938.38 (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:

SB502, s. 167 Section 167. 938.38 (3) (a) of the statutes is amended to read:

SB502,73,24 938.38 (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.

SB502, s. 168 Section 168. 938.38 (3) (b) of the statutes is amended to read:

SB502,74,3 938.38 (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.

SB502, s. 169 Section 169. 938.38 (4) (intro.) of the statutes is amended to read:

SB502,74,6 938.38 (4) Contents of plan. (intro.) The permanency case plan shall include all of the following:

SB502, s. 170 Section 170. 938.38 (4) (ar) of the statutes is amended to read:

SB502,74,16 938.38 (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.

SB502, s. 171 Section 171. 938.38 (4) (br) 2. of the statutes is amended to read:

SB502,75,2 938.38 (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.

SB502, s. 172 Section 172. 938.38 (4) (f) 3. of the statutes is amended to read:

SB502,75,8 938.38 (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.

SB502, s. 173 Section 173. 938.38 (4) (fg) (intro.) of the statutes is amended to read:

SB502,75,24 938.38 (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:

SB502, s. 174 Section 174. 938.38 (4) (fg) 5. of the statutes is amended to read:

SB502,76,4 938.38 (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.

SB502, s. 175 Section 175. 938.38 (4) (fm) of the statutes is renumbered 938.38 (4) (fm) (intro.) and amended to read:

SB502,76,13 938.38 (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:

SB502,76,17 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.

SB502, s. 176 Section 176. 938.38 (4) (fm) 1. of the statutes is created to read:

SB502,76,21 938.38 (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.

SB502, s. 177 Section 177. 938.38 (4) (i) of the statutes is amended to read:

SB502,77,5 938.38 (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.

SB502, s. 178 Section 178. 938.38 (4m) (title) of the statutes is amended to read:

SB502,77,8 938.38 (4m) (title) Reasonable efforts not required; Permanency permanency case plan determination hearing.

SB502, s. 179 Section 179. 938.38 (4m) (a) of the statutes is amended to read:

SB502,77,19 938.38 (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.

SB502, s. 180 Section 180. 938.38 (4m) (c) of the statutes is amended to read:

SB502,78,11 938.38 (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.

SB502, s. 181 Section 181. 938.38 (5) (a) of the statutes is amended to read:

SB502,78,22 938.38 (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.

SB502, s. 182 Section 182. 938.38 (5) (ag) of the statutes is amended to read:

SB502,79,7 938.38 (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.

SB502, s. 183 Section 183. 938.38 (5) (am) of the statutes is amended to read:

SB502,79,13 938.38 (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.

SB502, s. 184 Section 184. 938.38 (5) (bm) 2. of the statutes is amended to read:

SB502,80,5 938.38 (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.

SB502, s. 185 Section 185. 938.38 (5) (c) 2. of the statutes is amended to read:

SB502,80,9 938.38 (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.

SB502, s. 186 Section 186. 938.38 (5) (c) 5. of the statutes is amended to read:

SB502,80,14 938.38 (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.

SB502, s. 187 Section 187. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read: