SB63,9,106 b. The child was 8 years of age or over when he or she was placed outside of his
7or her home and the goal of the child's permanency plan is placement for adoption
8with an adoptive parent or a proposed adoptive parent of a sibling, as defined in s.
948.38 (4) (br) 1., who was under 8 years of age when the sibling was placed outside
10of his or her home.
SB63,9,1411 c. The child was 8 years of age or over when he or she was placed outside of his
12or her home and the child's permanency plan indicates that a safe and appropriate
13placement with a proposed adoptive parent is available for the child and that the
14child has expressed the wish to be adopted.
SB63,9,1715 2. If the circumstances specified in subd. 1. apply, the petition shall be filed or
16joined in by the last day of the 6th month, as described in subd. 1., for which the child
17was placed outside of his or her home.
SB63, s. 10 18Section 10. 48.417 (2) (intro.) of the statutes is amended to read:
SB63,9,2419 48.417 (2) Filing or joining in petition; when not required. (intro.)
20Notwithstanding that any of the circumstances specified in sub. (1) (a), (am), (b), (c),
21or (d) may apply, an agency or the district attorney, corporation counsel, or other
22appropriate official designated under s. 48.09 need not file a petition under s. 48.42
23(1) to terminate the parental rights of a parent or the parents of a child, or, if a
24petition under s. 48.42 (1) to terminate those parental rights has already been filed,

1the agency, district attorney, corporation counsel, or other appropriate official need
2not join in the petition, if any of the following circumstances apply:
SB63, s. 11 3Section 11. 938.365 (2g) (b) 3. of the statutes, as affected by 2009 Wisconsin
4Act 79
, section 145, and 2011 Wisconsin Act .... (this act), is repealed and recreated
5to read:
SB63,10,86 938.365 (2g) (b) 3. A statement of whether or not a recommendation has been
7made to terminate the parental rights of the parents of the juvenile if any of the
8following applies:
SB63,10,149 a. Subject to subd. 3. b. to d., the juvenile has been placed outside of his or her
10home in a foster home, group home, nonsecured residential care center for children
11and youth, or shelter care facility for 15 of the most recent 22 months, not including
12any period during which the juvenile was a runaway from the out-of-home
13placement or the first 6 months of any period during which the juvenile was returned
14to his or her home for a trial home visit.
SB63,10,1915 b. The juvenile has been placed outside of his or her home for a cumulative total
16period of 6 months, not including any period during which the juvenile was a
17runaway from the out-of-home placement or any period during which the juvenile
18was returned to his or her home for a trial home visit, and was under 8 years of age
19when he or she was placed outside of his or her home.
SB63,11,220 c. The juvenile has been placed outside of his or her home for a cumulative total
21period of 6 months, not including any period during which the juvenile was a
22runaway from the out-of-home placement or any period during which the juvenile
23was returned to his or her home for a trial home visit, the juvenile was 8 years of age
24or over when he or she was placed outside of his or her home, and the goal of the
25juvenile's permanency plan is placement for adoption with an adoptive parent or a

1proposed adoptive parent of a sibling, as defined in s. 938.38 (4) (br) 1., who was
2under 8 years of age when the sibling was placed outside of his or her home.
SB63,11,103 d. The juvenile has been placed outside of his or her home for a cumulative total
4period of 6 months, not including any period during which the juvenile was a
5runaway from the out-of-home placement or any period during which the juvenile
6was returned to his or her home for a trial home visit, the juvenile was 8 years of age
7or over when he or she was placed outside of his or her home, and the juvenile's
8permanency plan indicates that a safe and appropriate placement with a proposed
9adoptive parent is available for the juvenile and that the juvenile has expressed the
10wish to be adopted.
SB63, s. 12 11Section 12. 938.365 (2g) (b) 3. of the statutes, as affected by 2009 Wisconsin
12Act 79
, section 144, is renumbered 938.365 (2g) (b) 3. (intro.) and amended to read:
SB63,11,2013 938.365 (2g) (b) 3. (intro.) If the juvenile has been placed outside of his or her
14home in a foster home, treatment foster home, group home, nonsecured residential
15care center for children and youth, or shelter care facility for 15 of the most recent
1622 months, not including any period during which the juvenile was a runaway from
17the out-of-home placement or the first 6 months of any period during which the
18juvenile was returned to his or her home for a trial home visit, a
A statement of
19whether or not a recommendation has been made to terminate the parental rights
20of the parents of the juvenile. if any of the following applies:
SB63,12,10 214. If the statement under subd. 3. indicates that a recommendation for a
22termination of parental rights has been made, the statement shall indicate a
23statement indicating
the date on which the recommendation was made, any previous
24progress made to accomplish the termination of parental rights, any barriers to the
25termination of parental rights, specific steps to overcome the barriers and when the

1steps will be completed, reasons why adoption would be in the best interest of the
2juvenile and whether or not the juvenile should be registered with the adoption
3information exchange. If the statement under subd. 3. indicates that a
4recommendation for termination of parental rights has not been made, the
5statement shall include an explanation of
a statement explaining the reasons why
6a recommendation for termination of parental rights has not been made. If the lack
7of appropriate adoptive resources is the primary reason for not recommending a
8termination of parental rights, the agency shall recommend that the juvenile be
9registered with the adoption information exchange or report the reason why
10registering the juvenile is contrary to the best interest of the juvenile.
SB63, s. 13 11Section 13. 938.365 (2g) (b) 3. a. to d. of the statutes are created to read:
SB63,12,1612 938.365 (2g) (b) 3. a. Subject to subd. 3. b. to d., the juvenile has been placed
13outside of his or her home for 15 of the most recent 22 months, not including any
14period during which the juvenile was a runaway from the out-of-home placement
15or the first 6 months of any period during which the juvenile was returned to his or
16her home for a trial home visit.
SB63,12,2117 b. The juvenile has been placed outside of his or her home for a cumulative total
18period of 6 months, not including any period during which the juvenile was a
19runaway from the out-of-home placement or any period during which the juvenile
20was returned to his or her home for a trial home visit, and was under 8 years of age
21when he or she was placed outside of his or her home.
SB63,13,422 c. The juvenile has been placed outside of his or her home for a cumulative total
23period of 6 months, not including any period during which the juvenile was a
24runaway from the out-of-home placement or any period during which the juvenile
25was returned to his or her home for a trial home visit, the juvenile was 8 years of age

1or over when he or she was placed outside of his or her home, and the goal of the
2juvenile's permanency plan is placement for adoption with an adoptive parent or a
3proposed adoptive parent of a sibling, as defined in s. 938.38 (4) (br) 1., who was
4under 8 years of age when the sibling was placed outside of his or her home.
SB63,13,125 d. The juvenile has been placed outside of his or her home for a cumulative total
6period of 6 months, not including any period during which the juvenile was a
7runaway from the out-of-home placement or any period during which the juvenile
8was returned to his or her home for a trial home visit, the juvenile was 8 years of age
9or over when he or she was placed outside of his or her home, and the juvenile's
10permanency plan indicates that a safe and appropriate placement with a proposed
11adoptive parent is available for the juvenile and that the juvenile has expressed the
12wish to be adopted.
SB63, s. 14 13Section 14. 938.38 (5) (c) 6. (intro.) of the statutes, as affected by 2009
14Wisconsin Act 79
, section 164, is amended to read:
SB63,13,2215 938.38 (5) (c) 6. (intro.) If Subject to subd. 6m., if the juvenile has been placed
16outside of his or her home, as described in s. 938.365 (1), in a foster home, treatment
17foster home, group home, nonsecured residential care center for children and youth,
18or shelter care facility for 15 of the most recent 22 months, not including any period
19during which the juvenile was a runaway from the out-of-home placement or the
20first 6 months of any period during which the juvenile was returned to his or her
21home for a trial home visit, the appropriateness of the permanency plan and the
22circumstances which prevent the juvenile from any of the following:
SB63, s. 15 23Section 15. 938.38 (5) (c) 6. (intro.) of the statutes, as affected by 2009
24Wisconsin Act 79
, section 165, and 2011 Wisconsin Act .... (this act), is repealed and
25recreated to read:
SB63,14,8
1938.38 (5) (c) 6. (intro.) Subject to subd. 6m., if the juvenile has been placed
2outside of his or her home, as described in s. 938.365 (1), in a foster home, group
3home, nonsecured residential care center for children and youth, or shelter care
4facility for 15 of the most recent 22 months, not including any period during which
5the juvenile was a runaway from the out-of-home placement or the first 6 months
6of any period during which the juvenile was returned to his or her home for a trial
7home visit, the appropriateness of the permanency plan and the circumstances
8which prevent the juvenile from any of the following:
SB63, s. 16 9Section 16. 938.38 (5) (c) 6m. of the statutes is created to read:
SB63,14,1710 938.38 (5) (c) 6m. The appropriateness of the permanency plan and the
11circumstances that prevent the juvenile from being placed for adoption or having a
12petition for the involuntary termination of parental rights filed on behalf of the
13juvenile if the juvenile has been placed outside of his or her home, as described in s.
14938.365 (1), for a cumulative total period of 6 months, not including any period
15during which the juvenile was a runaway from the out-of-home placement or any
16period during which the juvenile was returned to his or her home for a trial home
17visit, and if any of the following applies:
SB63,14,1918 a. The juvenile was under 8 years of age when he or she was placed outside of
19his or her home.
SB63,14,2420 b. The juvenile was 8 years of age or over when he or she was placed outside
21of his or her home and the goal of the juvenile's permanency plan is placement for
22adoption with an adoptive parent or a proposed adoptive parent of a sibling, as
23defined in s. 938.38 (4) (br) 1., who was under 8 years of age when the sibling was
24placed outside of his or her home.
SB63,15,4
1c. The juvenile was 8 years of age or over when he or she was placed outside
2of his or her home and the juvenile's permanency plan indicates that a safe and
3appropriate placement with a proposed adoptive parent is available for the juvenile
4and that the juvenile has expressed the wish to be adopted.
SB63, s. 17 5Section 17. Initial applicability.
SB63,15,86 (1) Termination of parental rights petition requirement. This act first
7applies to a child or juvenile who is placed outside of his or her home on the effective
8date of this subsection.
SB63, s. 18 9Section 18. Effective dates. This act takes effect on the day after publication,
10except as follows:
SB63,15,1611 (1) Treatment foster homes. The repeal and recreation of sections 48.365 (2g)
12(b) 3., 48.38 (5) (c) 6. (intro.), 48.417 (1) (a), 938.365 (2g) (b) 3., and 938.38 (5) (c) 6.
13(intro.) of the statutes takes effect on the date stated in the notice provided by the
14secretary of children and families and published in the Wisconsin Administrative
15Register under section 48.62 (9) of the statutes, or on the day after publication,
16whichever is later.
SB63,15,1717 (End)
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