SB309: Bill Text

SB309,83 Section 83. 938.38 (5) (c) 1. of the statutes is amended to read:

SB309,34,12 938.38 (5) (c) 1. The continuing necessity for and the safety and appropriateness of the placement. If the permanency goal of the juvenile's permanency plan is placement of the juvenile in a planned permanent living arrangement described in sub. (4) (fg) 5., the determination under this subdivision shall include an explanation of why the planned permanent living arrangement is the best permanency goal for the juvenile and why, supported by compelling reasons, it continues not to be in the best interests of the juvenile to be returned to his or her home or to be placed for adoption, with a guardian, or with a fit and willing relative.

SB309,84 Section 84. 938.38 (5) (c) 6. d. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB309,34,17 938.38 (5) (c) 6. d. Being placed in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult, including sustaining care, or transitioning to independence.

SB309,85 Section 85. 938.38 (5) (c) 7m. of the statutes is created to read:

SB309,34,25 938.38 (5) (c) 7m. If the permanency goal of the juvenile's permanency plan is placement of the juvenile in a planned permanent living arrangement described in sub. (4) (fg) 5., the steps taken by the agency, including consultation with the juvenile, to ascertain whether the juvenile has regular, ongoing opportunities to engage in age or developmentally appropriate activities and to ensure that the juvenile's caregiver is applying the reasonable and prudent parent standard to decisions concerning the juvenile's participation in those activities.

SB309,86 Section 86. 938.38 (5) (c) 9. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB309,35,10 938.38 (5) (c) 9. If the juvenile is the subject of an order that terminates as provided in s. 938.355 (4) (am) 4., 938.357 (6) (a) 4., or 938.365 (5) (b) 4. or of a voluntary transition-to-independent-living agreement under s. 938.366 (3), the appropriateness of the transition-to-independent-living plan developed under s. 938.385 (1); the extent of compliance with that plan by the juvenile, the juvenile's guardian, if any, the agency primarily responsible for providing services under that plan, and any other service providers; and the progress of the juvenile toward making the transition to independent living a successful adulthood.

SB309,87 Section 87. 938.38 (5m) (c) 3. of the statutes is created to read:

SB309,35,24 938.38 (5m) (c) 3. If the permanency goal of the juvenile's permanency plan is placement of the juvenile in a planned permanent living arrangement described in sub. (4) (fg) 5., the agency that prepared the permanency plan shall present to the court specific information showing that intensive and ongoing efforts were made by the agency, including searching social media, to return the juvenile to the juvenile's home or to place the juvenile for adoption, with a guardian, or with a fit and willing relative and that those efforts have proved unsuccessful and specific information showing the steps taken by the agency, including consultation with the juvenile, to ascertain whether the juvenile has regular, ongoing opportunities to engage in age or developmentally appropriate activities and to ensure that the juvenile's caregiver is applying the reasonable and prudent parent standard to decisions concerning the juvenile's participation in those activities. In addition, at the hearing the court shall consult with the juvenile about the permanency outcome desired by the juvenile.

SB309,88 Section 88. 938.383 of the statutes is created to read:

SB309,36,10 938.383 Reasonable and prudent parent standard. (1) Use of standard by out-of-home care providers. An out-of-home care provider shall use the reasonable and prudent parent standard in making decisions concerning a juvenile's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. In making decisions using the reasonable and prudent parent standard, an out-of-home care provider shall consider the restrictiveness of the juvenile's placement and whether the juvenile has the necessary training and safety equipment to safely participate in the activity under consideration and may not make any decision that is in violation of any court order or any state or federal law, rule, or regulation.

SB309,36,22 (2) Juvenile-specific considerations required. (a) At the time of placement of a juvenile with an out-of-home care provider, the agency that places, or that arranges the placement of, the juvenile or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g. provide to the out-of-home care provider the information that is required to be provided to an out-of-home care provider under the rules promulgated under s. 895.485 (4) (a) and information that is specific to the juvenile for the out-of-home care provider to consider in making reasonable and prudent parenting decisions concerning the juvenile's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. In preparing that information or any revisions of that information, the agency shall do all of the following:

SB309,37,3 1. If reasonably possible to do so, consult with the juvenile's parent and other members of the juvenile's family concerning the juvenile's participation in extracurricular, enrichment, cultural, and social activities and the juvenile's cultural, religious, and tribal values and advise the parent that those values will be considered, but will not necessarily be the determining factor, in making decisions concerning the juvenile's participation in those activities.

SB309,37,6 2. Consult with the juvenile in an age-appropriate manner about the opportunities of the juvenile to participate in age or developmentally appropriate activities.

SB309,37,17 (b) At the time of placement of a juvenile with an out-of-home care provider, the agency providing the information under par. (a) shall explain to the out-of-home care provider the parameters of the considerations that the out-of-home care provider is required to take into account when making decisions concerning the juvenile's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. In explaining those parameters, the agency shall explain the considerations and prohibitions specified in sub. (1) and shall advise the out-of-home care provider that in case of any disagreement over the application of the reasonable and prudent parent standard, the agency having placement and care responsibility for the juvenile is ultimately responsible for decisions concerning the care of the juvenile.

SB309,38,2 (c) In preparing or revising the permanency plan for a juvenile, the agency responsible for preparing or revising the permanency plan shall consult with the juvenile and the juvenile's parent as provided in par. (a) 1. and 2. At the time the permanency plan is prepared and each time the permanency plan is revised, that agency shall explain to the out-of-home care provider the parameters of the considerations that the out-of-home care provider is required to take into account when making decisions concerning the juvenile's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities as provided in par. (b).

SB309,38,4 (3) Rules. The department of children and families shall promulgate rules to implement this section.

SB309,89 Section 89. 938.385 of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 938.385 (intro.) and amended to read:

SB309,38,18 938.385 Plan for transition to independent living. (intro.) During the 90 days immediately before a juvenile who is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement attains 18 years of age or, if the juvenile is placed in such a placement under an order under s. 938.355, 938.357, or 938.365 that terminates under s. 938.355 (4) (am) after the juvenile attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 938.366 (3) that terminates under s. 938.366 (3) (a) after the juvenile attains 18 years of age, during the 90 days immediately before the termination of the order or agreement, the agency primarily responsible for providing services to the juvenile under the order or agreement shall provide do all of the following:

SB309,38,24 (1) Transition plan. Provide the juvenile with assistance and support in developing a plan for making the transition from out-of-home care to independent living. The transition plan shall be personalized at the direction of the juvenile, shall be as detailed as the juvenile directs, and shall include specific options for obtaining housing, health care, education, mentoring and continuing support services, and workforce support and employment services.

SB309,90 Section 90. 938.385 (2) of the statutes is created to read:

SB309,39,10 938.385 (2) Identification documents and other information. Except as provided in this subsection, ensure that the juvenile is in possession of a certified copy of the juvenile's birth certificate, a social security card issued by the federal social security administration, information on maintaining health care coverage, a copy of the juvenile's health care records, and either an operator's license issued under ch. 343 or an identification card issued under s. 343.50. If the juvenile is not in possession of any of those documents or that information, the agency shall assist the juvenile in obtaining any missing document or information. This subsection does not apply to a juvenile who has been placed in out-of-home care for less than 6 months.

SB309,91 Section 91. Nonstatutory provisions.

SB309,39,23 (1) Reasonable and prudent parent standard; emergency rules. Using the procedure under section 227.24 of the statutes, the department of children and families may promulgate the rules required under sections 48.383 (3), 48.67 (4) (a) 1m. and (5), and 938.383 (3) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under those sections, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB309,39,24 (2) Elimination of sustaining care; transitional provisions.

SB309,40,2 (a) Temporary continuation in sustaining care. Notwithstanding the repeal of section 48.428 of the statutes by this act, all of the following apply:

SB309,40,5 1. A child 16 years of age or over who is in sustaining care under a sustaining care contract entered into before the effective date of this subdivision may remain in sustaining care until the termination date of the contract.

SB309,40,10 2. A child under 16 years of age who is in sustaining care under a sustaining care contract entered into before the effective date of this subdivision may remain in sustaining care until the next permanency plan review or hearing for the child, at which time the child's permanency plan shall be amended to provide for a permanency goal other than placement in sustaining care.

SB309,40,15 (b) Continued application of laws. Notwithstanding the repeal of sections 48.428 and 115.76 (12) (a) 8. of the statutes and the amendment of section 809.107 (2) (bm) (intro.) of the statutes by this act, those provisions shall continue to apply to a child described in paragraph (a ) 1. 2 . or until the child is no longer placed in sustaining care.

SB309,92 Section 92. Initial applicability.

SB309,40,17 (1) Permanency plan preparation and contents.

SB309,40,21 (a) Generally. Except as provided in paragraph (b ), the treatment of sections 48.38 (2m) and (4) (f) 3., (fg) 5., (fm), and (h) (intro.), 2., 4., 5., 6., and 7. and 938.38 (2m) and (4) (f) 3., (fg) 5., (fm), and (h) (intro.), 2., 4., 5., 6., and 7. of the statutes first applies to a permanency plan filed on the effective date of this subsection.

SB309,41,2 (b) Children under tribal responsibility. The treatment of sections 48.38 (4) (f) 3., (fg) 5., and (fm) and 938.38 (4) (f) 3., (fg) 5., and (fm) of the statutes first applies to a permanency plan for a child who is in out-of-home care under the responsibility of an Indian tribe, tribal organization, or tribal consortium filed on September 29, 2017.

SB309,41,3 (2) Permanency plan reviews and hearings.

SB309,41,8 (a) Generally. Except as provided in paragraph (b ), the treatment of sections 48.38 (5) (bm) 3. and (c) 1., 7m., and 9. and (5m) (c) 3., 48.43 (5) (b) 2m., and 938.38 (5) (bm) 3. and (c) 1., 7m., and 9. and (5m) (c) 3. of the statutes first applies to a permanency plan review or hearing for which notice is provided on the effective date of this subsection.

SB309,41,14 (b) Children under tribal responsibility. The treatment of sections 48.38 (5) (bm) 3. and (c) 1. and 7m. and (5m) (c) 3., 48.43 (5) (b) 2m., and 938.38 (5) (bm) 3. and (c) 1. and 7m. and (5m) (c) 3. of the statutes first applies to a review or hearing for a permanency plan for a child who is in out-of-home care under the responsibility of an Indian tribe, tribal organization, or tribal consortium for which notice is provided on September 29, 2017.

SB309,41,19 (3) Transition to independent living. The renumbering and amendment of sections 48.385 and 938.385 of the statutes and the creation of sections 48.385 (2) and 938.385 (2) of the statutes first apply to a child who attains 18 years of age or whose order under section 48.355 (4) (b) or 938.355 (4) (am) of the statutes terminates, whichever is later, 90 days after the effective date of this subsection.

SB309,41,25 (4) Participation of child in age or developmentally appropriate activities. The treatment of sections 48.02 (1dm), (12r), and (14r), 48.383, 48.627 (2s) (am), 167.10 (7), 895.485 (title), (1) (a), (ag), (c), and (d), (2), (3), (4) (intro.) and (a), (5), and (6), 938.02 (1g), (12r), and (14r), and 938.383 of the statutes first applies to permission for a child to engage in an age or developmentally appropriate activity granted on the effective date of this subsection.

SB309,93 Section 93. Effective date.

SB309,42,4 (1) Permanency planning for children 14 years of age or over and use of reasonable and prudent parent standard. This act takes effect on November 1, 2015, or on the day after publication, whichever is later.

SB309,42,5 (End)