SB502, s. 189
5Section
189. 938.38 (5) (c) 6m. of the statutes is created to read:
SB502,81,106
938.38
(5) (c) 6m. If the case plan calls for concurrent planning, as defined in
7s. 938.355 (2b) (a), the appropriateness, in light of the standards established by the
8department, of each of the permanency goals of the concurrent plan. If the court or
9panel does not approve of any one or more of those goals, the court or panel must
10include in its determinations under this paragraph the reasons for that disapproval.
SB502, s. 190
11Section
190. 938.38 (5) (c) 7. of the statutes is amended to read:
SB502,81,1412
938.38
(5) (c) 7. Whether reasonable efforts were made by the agency to achieve
13the goal of the
permanency case plan
, including, if appropriate, through an
14out-of-state placement
,.
SB502, s. 191
15Section
191. 938.38 (5) (d) of the statutes is amended to read:
SB502,82,616
938.38
(5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the
17permanency case plan shall, at least 5 days before a review by a review panel, provide
18to each person appointed to the review panel, the juvenile's parent, guardian, and
19legal custodian, the person representing the interests of the public, the juvenile's
20counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian juvenile
21who is placed outside the home of his or her parent or Indian custodian under s.
22938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe a copy
23of the
permanency case plan and any written comments submitted under par. (bm)
241. Notwithstanding s. 938.78 (2) (a), a person appointed to a review panel, the person
25representing the interests of the public, the juvenile's counsel, the juvenile's
1guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the
2home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the
3Indian juvenile's Indian custodian and tribe may have access to any other records
4concerning the juvenile for the purpose of participating in the review. A person
5permitted access to a juvenile's records under this paragraph may not disclose any
6information from the records to any other person.
SB502, s. 192
7Section
192. 938.38 (5m) (title) of the statutes is amended to read:
SB502,82,88
938.38
(5m) (title)
Permanency Case plan hearing.
SB502, s. 193
9Section
193. 938.38 (5m) (a) of the statutes is amended to read:
SB502,82,1410
938.38
(5m) (a) The court shall hold a hearing to review the
permanency case 11plan and to make the determinations specified in sub. (5) (c) no later than 12 months
12after the date on which the juvenile was first removed from the home and every 12
13months after a previous hearing under this subsection for as long as the juvenile is
14placed outside the home.
SB502, s. 194
15Section
194. 938.38 (5m) (b) of the statutes is amended to read:
SB502,83,316
938.38
(5m) (b) Not less than 30 days before the date of the hearing, the court
17shall notify the juvenile; the juvenile's parent, guardian, and legal custodian;
and the
18juvenile's foster parent, the operator of the facility in which the juvenile is living, or
19the relative with whom the juvenile is living
; of the time, place, and purpose of the
20hearing, of the issues to be determined at the hearing, and of the fact that they shall
21have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the
22juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the
23permanency case plan; the person representing the interests of the public; and, if the
24juvenile is an Indian juvenile who is placed outside the home of his or her parent or
25Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
1custodian and tribe of the
date, time,
and place
, and purpose of the hearing
, of the
2issues to be determined at the hearing, and of the fact that they may have an
3opportunity to be heard at the hearing as provided in par. (c) 1.
SB502, s. 195
4Section
195. 938.38 (5m) (c) 2. of the statutes is amended to read:
SB502,83,205
938.38
(5m) (c) 2. If the juvenile's
permanency case plan includes a statement
6under sub. (4) (i) indicating that the juvenile's age and developmental level are
7sufficient for the court to consult with the juvenile regarding the juvenile's
8permanency case plan or if, notwithstanding a decision under sub. (4) (i) that it would
9not be appropriate for the court to consult with the juvenile, the court determines
10that consultation with the juvenile would be in the best interests of the juvenile, the
11court shall consult with the juvenile, in an age-appropriate and developmentally
12appropriate manner, regarding the juvenile's
permanency case plan and any other
13matters the court finds appropriate. If none of those circumstances apply, the court
14may permit the juvenile's caseworker, the juvenile's counsel, or, subject to s. 938.235
15(3) (a), the juvenile's guardian ad litem to make a written or oral statement during
16the hearing, or to submit a written statement prior to the hearing, expressing the
17juvenile's wishes, goals, and concerns regarding the
permanency case plan and those
18matters. If the court permits such a written or oral statement to be made or
19submitted, the court may nonetheless require the juvenile to be physically present
20at the hearing.
SB502, s. 196
21Section
196. 938.38 (5m) (d) of the statutes is amended to read:
SB502,84,1122
938.38
(5m) (d) At least 5 days before the date of the hearing the agency that
23prepared the
permanency case plan shall provide a copy of the
permanency case plan
24and any written comments submitted under par. (c) 1. to the court, to the juvenile's
25parent, guardian, and legal custodian, to the person representing the interests of the
1public, to the juvenile's counsel or guardian ad litem, and, if the juvenile is an Indian
2juvenile who is placed outside the home of his or her parent or Indian custodian
3under s. 938.13 (4), (6), (6m), or (7), to the Indian juvenile's Indian custodian and
4tribe. Notwithstanding s. 938.78 (2) (a), the person representing the interests of the
5public, the juvenile's counsel or guardian ad litem, and, if the juvenile is an Indian
6juvenile who is placed outside the home of his or her parent or Indian custodian
7under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe
8may have access to any other records concerning the juvenile for the purpose of
9participating in the review. A person permitted access to a juvenile's records under
10this paragraph may not disclose any information from the records to any other
11person.
SB502, s. 197
12Section
197. 938.38 (5m) (e) of the statutes is amended to read:
SB502,85,513
938.38
(5m) (e) After the hearing, the court shall make written findings of fact
14and conclusions of law relating to the determinations under sub. (5) (c) and shall
15provide a copy of those findings of fact and conclusions of law to the juvenile; the
16juvenile's parent, guardian, and legal custodian; the juvenile's foster parent, the
17operator of the facility in which the juvenile is living, or the relative with whom the
18juvenile is living; the agency that prepared the
permanency case plan; the person
19representing the interests of the public; and, if the juvenile is an Indian juvenile who
20is placed outside the home of his or her parent or Indian custodian under s. 938.13
21(4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe. The court shall
22make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on
23circumstances specific to the juvenile and shall document or reference the specific
24information on which those findings are based in the findings of fact and conclusions
25of law prepared under this paragraph. Findings of fact and conclusions of law that
1merely reference sub. (5) (c) 7. without documenting or referencing that specific
2information in the findings of fact and conclusions of law or amended findings of fact
3and conclusions of law that retroactively correct earlier findings of fact and
4conclusions of law that do not comply with this paragraph are not sufficient to comply
5with this paragraph.
SB502, s. 198
6Section
198. 938.38 (5m) (f) of the statutes is amended to read:
SB502,85,117
938.38
(5m) (f) If the findings of fact and conclusions of law under par. (e)
8conflict with the juvenile's dispositional order or provide for any additional services
9not specified in the dispositional order, the court shall revise the dispositional order
10under s. 938.363
or, order a change in placement under s. 938.357,
or order a trial
11reunification under s. 938.358, as appropriate.
SB502, s. 199
12Section
199. 938.38 (6) (a) of the statutes is amended to read:
SB502,85,1313
938.38
(6) (a) Procedures for conducting
permanency case plan reviews.
SB502, s. 200
14Section
200. 938.38 (6) (d) of the statutes is amended to read:
SB502,85,1515
938.38
(6) (d) The format for
permanency case plans and review panel reports.
SB502,85,1717
(1)
Case planning for children in out-of-home care.
SB502,85,1918
(a)
Case plan contents. Except as provided in paragraph (b
) and subsection (2),
19this act first applies to a case plan filed on the effective date of this paragraph.
SB502,85,2320
(b)
Case plan reviews and hearings. The treatment of sections 48.38 (5) (c) 5.,
216. (intro.) and d., and 6m. and (5m) (f) and 938.38 (5) (c) 5., 6. (intro.) and d., and 6m.
22and (5m) (f) of the statutes first apply to a hearing or review for which a case plan
23is filed or provided on the effective date of this paragraph.
SB502,85,2424
(2)
Trial reunifications for children in out-of-home care.
SB502,86,4
1(a)
Trial reunifications. The treatment of sections 48.235 (4) (a) 2. and (4m) (a)
22., 48.299 (4) (b), 48.335 (4), 48.358, 938.235 (4) (a) 2., 938.335 (4), and 938.358 of the
3statutes first applies to a trial reunification requested or proposed on the effective
4date of this paragraph.
SB502,86,75
(b)
Revisions of dispositional orders. The treatment of sections 48.363 (1) (a)
6and 938.363 (1) (a) of the statutes first applies to a revision of a dispositional order
7requested or proposed on the effective date of this paragraph.
SB502,86,108
(c)
Extensions of dispositional orders. The treatment of sections 48.365 (2g) (b)
93. and (7) and 938.365 (2g) (b) 3. and (7) of the statutes first applies to an extension
10of a dispositional order requested or proposed on the effective date of this paragraph.
SB502,86,1311
(d)
Terminations of parental rights. The treatment of section 48.417 (1) (a) of
12the statutes first applies to a termination of parental rights petition filed or joined
13in on the effective date of this paragraph.
SB502,86,1615
(1)
Case planning for children in out-of-home care. This act takes effect on
16November 1, 2012.