SB387,18,9 3(4) Expectant mother; placement outside the home. The court may not change
4the placement of an expectant mother of an unborn child alleged to be in need of
5protection or services from a placement in the expectant mother's home to a
6placement outside of the expectant mother's home unless the court finds that the
7expectant mother is refusing or has refused to accept any alcohol or other drug abuse
8services offered to her or is not making or has not made a good faith effort to
9participate in any alcohol or other drug abuse services offered to her.
SB387,18,13 10(6) Effective period of order. A change-in-placement order under this
11section remains in effect until a dispositional order is granted or a consent decree is
12entered into, the petition under s. 48.25 is withdrawn or dismissed, or the order is
13modified or terminated by further order of the court.
SB387,14 14Section 14. 48.235 (1) (e) of the statutes is amended to read:
SB387,18,2115 48.235 (1) (e) The court shall appoint a guardian ad litem, or extend the
16appointment of a guardian ad litem previously appointed under par. (a), for any child
17alleged or found to be in need of protection or services, if the court has ordered, or if
18a request or recommendation has been made that the court order, the child to be
19placed out of his or her home under s. 48.32, 48.345 , or 48.357. This paragraph does
20not apply to a child who is subject to a dispositional order that terminates as provided
21in s. 48.355 (4) (b) 4., 48.357 (6) (a) 4., or 48.365 (5) (b) 4.
SB387,15 22Section 15. 48.255 (1) (cg) of the statutes is created to read:
SB387,18,2323 48.255 (1) (cg) The information required under s. 822.29 (1).
SB387,16 24Section 16. 48.299 (6) (e) 5. of the statutes is amended to read:
SB387,19,3
148.299 (6) (e) 5. A determination by the court under subd. 4. is not a
2determination of paternity under s. 48.355 (4g) (a),
a judgment of paternity under
3ch. 767, or an adjudication of paternity under subch. VIII.
SB387,17 4Section 17. 48.315 (2m) (a) of the statutes is amended to read:
SB387,19,125 48.315 (2m) (a) The court making an initial finding under s. 48.21 (5) (b) 1. or
61m., 48.32 (1) (b) 1., 48.355 (2) (b) 6., or 48.357 (2v) (a) 1. that reasonable efforts have
7been made to prevent the removal of the child from the home, while assuring that
8the child's health and safety are the paramount concerns, or an initial finding under
9s. 48.21 (5) (b) 3., 48.32 (1) (b) 2., 48.355 (2) (b) 6r., or 48.357 (2v) (a) 3. that those
10efforts were not required to be made because a circumstance specified in s. 48.355
11(2d) (b) 1. to 5. applies, more than 60 days after the date on which the child was
12removed from the home.
SB387,18 13Section 18. 48.32 (1) (am) of the statutes is created to read:
SB387,19,2514 48.32 (1) (am) Using the procedures specified in par. (a) for the entry of an
15original consent decree, the parties to a consent decree may agree to, and the judge
16or circuit court commissioner may enter, an amended consent decree. An amended
17consent decree may change the placement of the child or expectant mother who is the
18subject of the original consent decree or revise any other term or condition of the
19original consent decree. An amended consent decree that changes the placement of
20a child from a placement in the child's home to a placement outside the child's home
21shall include the findings, orders, and determinations specified in par. (b), as
22applicable. An amended consent decree that changes the placement of an Indian
23child from a placement in the Indian child's home to a placement outside the Indian
24child's home shall include the findings specified in par. (d). An amended consent
25decree may not extend the expiration date of the original consent decree.
SB387,19
1Section 19. 48.32 (1) (b) 1. (intro.) of the statutes is amended to read:
SB387,20,82 48.32 (1) (b) 1. (intro.) If at the time the consent decree is entered into the child
3is placed outside the home under a voluntary agreement under s. 48.63 or is
4otherwise living outside the home without a court order and if the consent decree
5maintains the child in that placement or other living arrangement, or if an amended
6consent decree changes the placement of the child from a placement in the child's
7home to a placement outside the child's home,
the consent decree shall include all of
8the following:
SB387,20 9Section 20. 48.32 (1) (d) 1. of the statutes is amended to read:
SB387,21,210 48.32 (1) (d) 1. In the case of an Indian child, if at the time the consent decree
11is entered into the Indian child is placed outside the home of his or her parent or
12Indian custodian under a voluntary agreement under s. 48.63 or is otherwise living
13outside that home without a court order and if the consent decree maintains the
14Indian child in that placement or other living arrangement, or if an amended consent
15decree changes the placement of the Indian child from a placement in the Indian
16child's home to a placement outside the Indian child's home,
the consent decree shall
17include a finding supported by clear and convincing evidence, including the
18testimony of one or more qualified expert witnesses, that continued custody of the
19Indian child by the parent or Indian custodian is likely to result in serious emotional
20or physical damage to the child under s. 48.028 (4) (d) 1. and a finding that active
21efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian
22child's family and that those efforts have proved unsuccessful. The findings under
23this subdivision shall be in addition to the findings under par. (b) 1., except that for
24the sole purpose of determining whether the cost of providing care for an Indian child
25is eligible for reimbursement under 42 USC 670 to 679b, the findings under this

1subdivision and the findings under par. (b) 1. shall be considered to be the same
2findings.
SB387,21 3Section 21. 48.355 (2e) (b) of the statutes is amended to read:
SB387,21,94 48.355 (2e) (b) Each time a child's placement is changed under s. 48.32 or
548.357, a trial reunification is ordered under s. 48.358, a consent decree is revised
6under s. 48.32,
or a dispositional order is revised under s. 48.363 or extended under
7s. 48.365, the agency that prepared the permanency plan shall revise the plan to
8conform to the order and shall file a copy of the revised plan with the court. Each plan
9filed under this paragraph shall be made a part of the court order.
SB387,22 10Section 22. 48.355 (4) (a) of the statutes is amended to read:
SB387,21,1511 48.355 (4) (a) Except as provided under s. 48.368, an order under this section
12or s. 48.357 or 48.365 made before the child reaches attains 18 years of age that places
13or continues the placement of the child in his or her home shall terminate one year
14after the date on which the order is entered granted unless the judge specifies a
15shorter period of time or the judge terminates the order sooner.
SB387,23 16Section 23. 48.355 (4) (b) 1. of the statutes is amended to read:
SB387,21,1717 48.355 (4) (b) 1. The date on which the child reaches attains 18 years of age.
SB387,24 18Section 24. 48.355 (4) (b) 2. of the statutes is amended to read:
SB387,21,2019 48.355 (4) (b) 2. The date that is one year after the date on which the order is
20entered granted.
SB387,25 21Section 25. 48.355 (4) (b) 3. of the statutes is amended to read:
SB387,22,222 48.355 (4) (b) 3. The date on which the child is granted a high school or high
23school equivalency diploma or the date on which the child reaches attains 19 years
24of age, whichever occurs first, if the child is a full-time student at a secondary school

1or its vocational or technical equivalent and is reasonably expected to complete the
2program before reaching attaining 19 years of age.
SB387,26 3Section 26. 48.355 (4) (b) 4. of the statutes is amended to read:
SB387,22,144 48.355 (4) (b) 4. The date on which the child is granted a high school or high
5school equivalency diploma or the date on which the child reaches attains 21 years
6of age, whichever occurs first, if the child is a full-time student at a secondary school
7or its vocational or technical equivalent and if an individualized education program
8under s. 115.787 is in effect for the child. The court may not enter grant an order that
9terminates as provided in this subdivision unless the child is 17 years of age or older
10when the order is entered granted and the child, or the child's guardian on behalf of
11the child, agrees to the order. At any time after the child reaches attains 18 years
12of age, the child, or the child's guardian on behalf of the child, may request the court
13in writing to terminate the order and, on receipt of such a request, the court, without
14a hearing, shall terminate the order.
SB387,27 15Section 27. 48.355 (4) (c) of the statutes is amended to read:
SB387,22,2016 48.355 (4) (c) An order under this section or s. 48.357 or 48.365 relating to an
17unborn child in need of protection or services that is made before the unborn child
18is born shall terminate one year after the date on which the order is entered granted
19unless the judge specifies a shorter period of time or the judge terminates the order
20sooner.
SB387,28 21Section 28. 48.355 (4g) of the statutes is created to read:
SB387,23,522 48.355 (4g) Termination of orders; case closure orders. (a) On request of a
23person authorized to file a petition under par. (b) or on its own motion and on a finding
24that granting the request or motion would be in the best interests of the child, the
25court may terminate an order under this section or s. 48.357 or 48.365 before the child

1attains 18 years of age and grant an order determining paternity of the child, legal
2custody of the child, periods of physical placement with the child, visitation rights
3with respect to the child, or the obligation of the child's parents to provide support
4for the child and the responsibility of the child's parents to provide coverage of the
5child's health care expenses if any of the following apply:
SB387,23,116 1. The child's parents are parties to a pending action for divorce, annulment,
7or legal separation, a man determined under s. 48.299 (6) (e) 4. to be the biological
8father of the child for purposes of a proceeding under this chapter is a party to a
9pending action to determine paternity of the child under ch. 767, or the child is the
10subject of a pending independent action under s. 767.41 or 767.43 to determine legal
11custody of the child or visitation rights with respect to the child.
SB387,23,1612 2. The child is the subject of an order that has been granted in an action
13affecting the family determining legal custody of the child, periods of physical
14placement with the child, visitation rights with respect to the child, or the obligation
15of the child's parents to provide support for the child and the responsibility of the
16child's parents to provide coverage of the child's health care expenses.
SB387,23,2117 (b) The child or his or her counsel or guardian ad litem, the child's parent,
18guardian, legal custodian, or Indian custodian, the person or agency responsible for
19implementing the dispositional order, or the district attorney or corporation counsel
20may file a petition with the court requesting an order under par. (a) or the court, on
21its own motion, may propose such an order.
SB387,24,422 (c) The court shall hold a hearing before granting an order requested or
23proposed under par. (b). At least 5 days before the hearing, the court shall cause
24notice of the hearing, together with a copy of the request or proposal, to be provided
25to the child, the child's counsel or guardian ad litem, the child's parent, guardian, and

1legal custodian, the person or agency primarily responsible for implementing the
2dispositional order, the district attorney or corporation counsel, the child's
3court-appointed special advocate, and, if the child is an Indian child, the child's
4Indian custodian and tribe.
SB387,24,65 (d) In considering whether to grant a request or proposal for an order under par.
6(a), the court shall proceed as follows:
SB387,24,97 1. If the request or proposal is for an order determining paternity of the child,
8the court shall determine paternity in the same manner as paternity is determined
9under subch. IX of ch. 767.
SB387,24,2110 2. If the request or proposal is for an order determining legal custody of the child
11and periods of physical placement with the child, the court shall determine legal
12custody and periods of physical placement in the same manner as legal custody and
13periods of physical placement are determined under s. 767.41 and 767.481 and, if the
14child is the subject of a preexisting order that has been entered in an action affecting
15the family determining legal custody of the child or periods of physical placement
16with the child, in the same manner as legal custody and periods of physical
17placement are determined under ss. 767.451 and 767.461, except that the court is not
18required to refer the parties for mediation under s. 767.405 (5) or refer the matter
19for a legal custody and physical placement study under s. 767.405 (14), the parties
20are not required to file a parenting plan under s. 767.41 (1m), and the court may not
21transfer legal custody of the child to a relative or an agency under s. 767.41 (3).
SB387,24,2422 3. If the request or proposal is for an order determining visitation rights with
23respect to the child, the court shall determine those rights in the same manner as
24visitation rights are determined under ss. 767.43 and 767.44.
SB387,25,6
14. If the request or proposal is for an order determining the obligation of the
2child's parents to provide support for the child and the responsibility of the child's
3parents to provide coverage of the child's health care expenses, the court shall
4determine that obligation and responsibility in the same manner as that obligation
5and responsibility are determined under ss. 767.511, 767.513, 767.54, 767.55,
6767.57, and 767.58.
SB387,25,97 (e) An order under par. (a) may modify a preexisting order of a court exercising
8jurisdiction in an action affecting the family and shall remain in effect until modified
9or terminated by a court exercising that jurisdiction.
SB387,25,1910 (f) If at the time an order under par. (a) is granted an action described in par.
11(a) 1. is pending or if at that time the child is the subject of a preexisting order
12described in par. (a) 2., the court that granted the order under par. (a) shall file a copy
13of the order with the court that is exercising jurisdiction in that pending action or
14that entered that preexisting order. On receipt of the copy of that order, the court that
15is exercising jurisdiction over the pending action or that granted the preexisting
16order shall provide a copy of that order to all parties to that pending action or to all
17parties that are bound by that preexisting order. The order shall become a part of
18the record of that pending action or the action in which the preexisting order was
19granted.
SB387,25,2420 (g) 1. A person who is granted legal custody and periods of physical placement
21with a child under an order under par. (a) may seek enforcement of the order by filing
22a motion under s. 767.471 (3) with the court in which the order was filed under par.
23(f), and that court shall enforce the order in the same manner as legal custody and
24physical placement orders are enforced under s. 767.471.
SB387,26,6
12. A party to a proceeding under this subsection in which legal custody and
2periods of physical placement with a child are determined under an order under par.
3(a) may seek a modification of the order by filing a petition, motion, order to show
4cause, or stipulation with the court in which the order was filed under par. (f), and
5that court may modify the order in the same manner as legal custody and physical
6placement orders are modified under ss. 767.451, 767.461, and 767.481.
SB387,26,117 (h) 1. A person who is granted visitation rights with respect to a child under
8an order under par. (a) may seek enforcement of the order by filing a motion for
9contempt of court under s. 767.43 (5) with the court in which the order was filed under
10par. (f), and that court shall enforce the order in the same manner as visitation orders
11are enforced under s. 767.43 (5).
SB387,26,1712 2. A party to a proceeding under this subsection in which visitation rights with
13respect to a child are determined under an order under par. (a) may seek a
14modification of the order by filing a petition, motion, or order to show cause with the
15court in which the order was filed under par. (f), and that court may modify the order
16in the same manner as visitation orders are modified under s. 767.43 (1), (3), or (6),
17whichever is applicable.
SB387,26,2518 (i) 1. A party to a proceeding under this subsection in which the obligation to
19provide support for a child and the responsibility to provide health care coverage for
20a child are determined under an order under par. (a) who is authorized to commence
21an action to compel child support under s. 767.501 may seek enforcement of the order
22by filing an action to compel support under s. 767.501 with the court in which the
23order was filed under par. (f), and that court shall enforce the order in the same
24manner as child support and health care coverage orders are enforced under ss.
25767.511, 767.513, 767.54, 767.55, 767.57, 767.58, and 767.70 to 767.78.
SB387,27,7
12. A party to a proceeding under this subsection in which the obligation to
2provide support for a child and the responsibility to provide health care coverage for
3a child are determined under an order under par. (a) may seek a modification of the
4order by filing a petition, motion, or order to show cause with the court in which the
5order was filed under par. (f), and that court may modify the order in the same
6manner as child support and health coverage orders are modified under ss. 767.553
7and 767.59.
SB387,29 8Section 29. 48.357 (title) of the statutes is amended to read:
SB387,27,10 948.357 (title) Change in placement; child or expectant mother subject
10to dispositional order
.
SB387,30 11Section 30. 48.357 (1) (title) of the statutes is created to read:
SB387,27,1312 48.357 (1) (title) Request by person or agency responsible for order or
13prosecutor.
SB387,31 14Section 31. 48.357 (1) (a) of the statutes is amended to read:
SB387,27,2015 48.357 (1) (a) Applicable procedures. The person or agency primarily
16responsible for implementing the dispositional order, the district attorney, or the
17corporation counsel may request a change in the placement of the child or expectant
18mother who is the subject of the dispositional order, whether or not the change
19requested is authorized in the dispositional order, as provided in par. (am) or (c),
20whichever is applicable.
SB387,32 21Section 32. 48.357 (1) (am) (title) of the statutes is created to read:
SB387,27,2222 48.357 (1) (am) (title) Changes in placement generally.
SB387,33 23Section 33. 48.357 (1) (am) 1. of the statutes is renumbered 48.357 (1) (am)
241. a. and amended to read:
SB387,28,11
148.357 (1) (am) 1. a. If the proposed change in placement involves any change
2in placement other than a change in placement specified
Except as provided in par.
3(c), the person or agency primarily responsible for implementing the dispositional
4order, the district attorney, or the corporation counsel shall cause may request a
5change in placement under this subsection by causing
written notice of the proposed
6change in placement to be sent to the child, the child's counsel or guardian ad litem,
7the parent, guardian, and legal custodian of the child, any foster parent or other
8physical custodian described in s. 48.62 (2) of the child, the child's court-appointed
9special advocate, and, if the child is an Indian child who has been removed from the
10home of his or her parent or Indian custodian, the Indian child's Indian custodian and
11tribe.
SB387,28,17 12b. If the child is the expectant mother of an unborn child under s. 48.133,
13written notice of the proposed change in placement shall also be sent to the unborn
14child's guardian ad litem. If the change in placement involves an adult expectant
15mother of an unborn child under s. 48.133, written notice of the proposed change in
16placement
shall be sent to the adult expectant mother, the physical custodian of the
17adult expectant mother,
and the unborn child's guardian ad litem.
SB387,28,23 18c. The notice shall contain the name and address of the new placement, the
19reasons for the change in placement, a statement describing why the new placement
20is preferable to the present placement, and a statement of how the new placement
21satisfies the objectives of the treatment plan or permanency plan ordered by the
22court. The person sending the notice shall file the notice with the court on the same
23day that the notice is sent.
SB387,34 24Section 34. 48.357 (1) (am) 2. (intro.) of the statutes is amended to read:
SB387,29,15
148.357 (1) (am) 2. (intro.) Except as provided in subd. 2r., any person receiving
2the notice under subd. 1. or notice of a specific placement under s. 48.355 (2) (b) 2.,
3other than a court-appointed special advocate, may obtain a hearing on the matter
4by filing an objection with the court within 10 days after receipt of the notice is sent
5to that person and filed with the court. Except as provided in subds. 2m. and 2r., if
6an objection is filed within 10 days after that notice is sent and filed with the court,
7the court shall hold a hearing prior to ordering any change in placement. At least
83 days before the hearing, the court shall provide notice of the hearing to all persons
9who are required to receive notice under subd. 1. or s. 48.355 (2) (b) 2. If all parties
10consent, the court may proceed immediately with the hearing. Except as provided
11in subds. 2m. and 2r., if no objection is filed within 10 days after that notice is sent
12and filed with the court, the court shall enter an order changing the child's placement
13as proposed in that notice
. Except as provided in subds. 2m. and 2r., placements may
14not be changed until 10 days after that notice is sent to and filed with the court unless
15written waivers of objection are signed as follows:
SB387,35 16Section 35. 48.357 (1) (am) 2m. of the statutes is amended to read:
SB387,29,2217 48.357 (1) (am) 2m. Changes in placement that were authorized in the
18dispositional order may be made immediately if notice is given as required under
19subd. 1. In addition, a A hearing is not required for changes in placement changes
20authorized in the dispositional order except when an objection filed by a person who
21received notice alleges that new information is available that affects the advisability
22of the court's dispositional order.
SB387,36 23Section 36. 48.357 (1) (am) 3. of the statutes is amended to read:
SB387,30,824 48.357 (1) (am) 3. If the court changes the child's placement from a placement
25outside the home to another placement outside the home, the change in placement

1change-in-placement order shall contain the applicable order under sub. (2v) (a) 1m.
2and, the applicable statement under sub. (2v) (a) 2., and the finding under sub. (2v)
3(a) 2m.
If the court changes the placement of an Indian child who has been removed
4from the home of his or her parent or Indian custodian from a placement outside that
5home to another placement outside that home, the change in placement
6change-in-placement order shall, in addition, comply with the order of placement
7preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court
8finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB387,37 9Section 37. 48.357 (1) (c) (title) of the statutes is created to read:
SB387,30,1010 48.357 (1) (c) (title) In-home to out-of-home placement.
SB387,38 11Section 38. 48.357 (1) (c) 1. of the statutes is amended to read:
SB387,31,212 48.357 (1) (c) 1. If the proposed change in placement would change the
13placement of a child placed in the home to a placement outside the home, the person
14or agency primarily responsible for implementing the dispositional order, the district
15attorney, or the corporation counsel shall submit a request for the change in
16placement to the court. The request shall contain the name and address of the new
17placement, the reasons for the change in placement, a statement describing why the
18new placement is preferable to the present placement, and a statement of how the
19new placement satisfies the objectives of the treatment plan or permanency plan
20ordered by the court. The request shall also contain specific information showing
21that continued placement of the child in his or her home would be contrary to the
22welfare of the child and, unless any of the circumstances specified in s. 48.355 (2d)
23(b) 1. to 5. applies, specific information showing that the agency primarily
24responsible for implementing the dispositional order has made reasonable efforts to

1prevent the removal of the child from the home, while assuring that the child's health
2and safety are the paramount concerns.
SB387,39 3Section 39. 48.357 (1) (c) 2. of the statutes is amended to read:
SB387,31,144 48.357 (1) (c) 2. The court shall hold a hearing prior to ordering any change in
5placement requested under subd. 1. Not less than At least 3 days prior to before the
6hearing, the court shall provide notice of the hearing, together with a copy of the
7request for the change in placement, to the child, the child's counsel or guardian ad
8litem,
the parent, guardian, and legal custodian of the child, the person or agency
9primarily responsible for implementing the dispositional order, the district attorney
10or corporation counsel, any foster parent or other physical custodian described in s.
1148.62 (2),
the child's court-appointed special advocate, all parties that are bound by
12the dispositional order,
and, if the child is an Indian child, the Indian child's Indian
13custodian and tribe. Subject to subd. 2r., if all parties consent, the court may proceed
14immediately with the hearing.
SB387,40 15Section 40. 48.357 (1) (c) 2m. of the statutes is amended to read:
SB387,32,216 48.357 (1) (c) 2m. If the court changes the child's placement from a placement
17in the child's home to a placement outside the child's home, the parent, if present at
18the hearing, shall be requested to provide the names and other identifying
19information of 3 relatives of the child or other individuals 18 years of age or over
20whose homes the parent requests the court to consider as placements for the child,
21unless that information has previously been provided under this subdivision, sub.
22(2m) (bm), or s. 48.21 (3) (f) or 48.335 (6). If the parent does not provide that
23information at the hearing, the county department, the department in a county
24having a population of 500,000 750,000 or more, or the agency primarily responsible

1for implementing the dispositional order shall permit the parent to provide the
2information at a later date.
SB387,41 3Section 41. 48.357 (1) (c) 3. of the statutes is amended to read:
SB387,32,164 48.357 (1) (c) 3. If the court changes the child's placement from a placement in
5the child's home to a placement outside the child's home, the change in placement
6change-in-placement order shall contain the findings under sub. (2v) (a) 1., the
7applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a)
82., the finding under sub. (2v) (a) 2m., and, if in addition the court finds that any of
9the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
10the determination under sub. (2v) (a) 3. If the court changes the placement of an
11Indian child from a placement in the home of his or her parent or Indian custodian
12to a placement outside that home, the change in placement change-in-placement
13order shall, in addition, contain the findings under sub. (2v) (a) 4. and comply with
14the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028
15(7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing
16from the order.
SB387,42 17Section 42. 48.357 (2) (title) of the statutes is created to read:
SB387,32,1818 48.357 (2) (title) Emergency change in placement.
SB387,43 19Section 43. 48.357 (2) of the statutes is renumbered 48.357 (2) (a) and
20amended to read:
SB387,33,521 48.357 (2) (a) Emergency changes in placement generally. If Except as provided
22in par. (b), if
emergency conditions necessitate an immediate change in the
23placement of a child or expectant mother placed outside the home, the person or
24agency primarily responsible for implementing the dispositional order may remove
25the child or expectant mother to a new placement, whether or not authorized by the

1existing dispositional order, without the prior notice provided in under sub. (1) (am)
21. or the consent required under sub. (1) (am) 2r. The notice shall, however, Notice
3of the emergency change in placement shall
be sent to the persons specified in sub.
4(1) (am) 1.
within 48 hours after the emergency change in placement. Any party
5receiving notice may demand a hearing under sub. (1) (am) 2.
SB387,33,9 6(c) Placements permitted in emergency. In emergency situations, a child may
7be placed in a licensed public or private shelter care facility as a transitional
8placement for not more than 20 days, as well as or in any placement authorized under
9s. 48.345 (3).
SB387,44 10Section 44. 48.357 (2) (b) of the statutes is created to read:
SB387,33,1711 48.357 (2) (b) Emergency in-home to out-of-home placements. 1. If emergency
12conditions necessitate an immediate change in placement of a child or expectant
13mother placed in the home to a placement outside the home, the person or agency
14primarily responsible for implementing the dispositional order may remove the child
15or expectant mother to a new placement, whether or not authorized by the existing
16dispositional order, without first requesting a change in placement under sub. (1) (c)
171.
SB387,34,618 2. Except as provided in subd. 3., a hearing on an emergency change in
19placement under subd. 1. shall be held within 48 hours after the emergency change
20in placement is made, excluding Saturdays, Sundays, and legal holidays. When a
21child or expectant mother is removed to a new placement under subd. 1., the person
22or agency that removed the child or expectant mother shall immediately notify the
23court by the most practical means. As soon as possible after receiving that notice,
24the court shall schedule the hearing and the person or agency that removed the child
25or expectant mother, by the most practical means, shall provide notice of the hearing

1to the child, the child's counsel or guardian ad litem, the parent, guardian, and legal
2custodian of the child, the person or agency primarily responsible for implementing
3the dispositional order, the district attorney or corporation counsel, any foster parent
4or other physical custodian described in s. 48.62 (2), the child's court-appointed
5special advocate, and, if the child is an Indian child, the Indian child's Indian
6custodian and tribe.
SB387,34,117 3. By the time of the hearing under subd. 2., a request for a change in placement
8under sub. (1) (c) 1. shall be filed with the court. The court shall hold a hearing on
9the request as provided in sub. (1) (c) 2., except that, subject to sub. (1) (c) 2r., if all
10parties consent, the court may proceed immediately with the hearing under sub. (1)
11(c) 2. in lieu of the hearing under subd. 2.
SB387,34,1712 4. If the court orders an emergency change in placement under subd. 2., the
13change-in-placement order shall contain the findings under sub. (2v) (a) 1., the
14applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a)
152., the finding under sub. (2v) (a) 2m., and, if in addition the court finds that any of
16the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
17the determination under sub. (2v) (a) 3.
SB387,45 18Section 45. 48.357 (2m) (title) of the statutes is created to read:
SB387,34,1919 48.357 (2m) (title) Request by others.
Loading...
Loading...