SB161,26
11Section
26. 48.357 (1) (c) 1r. of the statutes is created to read:
SB161,16,2012
48.357
(1) (c) 1r. If the proposed change in placement would place the child in
13a residential care center for children and youth, group home, or shelter care facility
14certified under s. 48.675, the qualified individual shall conduct a standardized
15assessment and the person or agency primarily responsible for implementing the
16dispositional order shall submit it and the recommendation of the qualified
17individual who conducted the standardized assessment, including the information
18under par. (am) 1m., to the court and to all persons who are required to receive the
19notice under par. (am) 1. a. no later than the filing of that request or, if not available
20by that time, no later than 30 days after the date on which the placement was made.
SB161,27
21Section
27. 48.357 (2) (a) of the statutes is renumbered 48.357 (2) (a) 1.
SB161,28
22Section
28. 48.357 (2) (a) 2., 3. and 4. of the statutes are created to read:
SB161,17,623
48.357
(2) (a) 2. If the emergency change in placement under subd. 1. results
24in a child being placed in a residential care center for children and youth, group
25home, or shelter care facility certified under s. 48.675, the qualified individual shall
1conduct a standardized assessment and the person or agency primarily responsible
2for implementing the dispositional order shall submit it and the recommendation of
3the qualified individual who conducted the standardized assessment, including the
4information specified under sub. (1) (am) 1m. with the notice under subd. 1. or, if not
5available at that time, and except as provided under subd. 3., no later than 10 days
6after the filing of that notice.
SB161,17,107
3. If, for good cause shown, the information required to be submitted under
8subd. 2. is not available by the deadline under that subdivision, the person or agency
9primarily responsible for implementing the dispositional order shall submit it no
10later than 30 days after the date on which the placement was made.
SB161,17,1711
4. If the emergency change in placement under subd. 1. results in a child being
12placed in a residential care center for children and youth, group home, or shelter care
13facility certified under s. 48.675, the court shall, no later than 60 days after the
14placement is made, issue an order making the findings under sub. (2v) (a) 5., the
15answers to which do not affect whether the placement may be made, after
16considering the standardized assessment and the recommendation of the qualified
17individual who conducted the standardized assessment.
SB161,29
18Section
29. 48.357 (2) (b) 5. and 6. of the statutes are created to read:
SB161,18,319
48.357
(2) (b) 5. If the emergency change in placement under this paragraph
20results in a child being placed in a residential care center for children and youth,
21group home, or shelter care facility certified under s. 48.675, the qualified individual
22shall conduct a standardized assessment and the person or agency primarily
23responsible for implementing the dispositional order shall submit it and the
24recommendation of the qualified individual who conducted the standardized
25assessment, including the information specified under sub. (1) (am) 1m., to the court
1and all persons who are required to receive the notice under subd. 2. no later than
2the filing of that request or, if not available by that time, no later than 30 days after
3the date on which the placement was made.
SB161,18,104
6. If the emergency change in placement under this paragraph results in a child
5being placed in a residential care center for children and youth, group home, or
6shelter care facility certified under s. 48.675, the court shall, no later than 60 days
7after the placement is made, issue an order making the findings under sub. (2v) (a)
85., the answers to which do not affect whether the placement may be made, after
9considering the standardized assessment and the recommendation of the qualified
10individual who conducted the standardized assessment.
SB161,30
11Section
30. 48.357 (2m) (a) of the statutes is renumbered 48.357 (2m) (a) 1.
SB161,31
12Section
31. 48.357 (2m) (a) 2. of the statutes is created to read:
SB161,18,2213
48.357
(2m) (a) 2. If the change in placement results in the child being placed
14in a residential care center for children and youth, group home, or shelter care facility
15certified under s. 48.675, the qualified individual shall conduct a standardized
16assessment and the person or agency primarily responsible for implementing the
17dispositional order shall submit it and the recommendation of the qualified
18individual who conducted the standardized assessment, including the information
19specified under sub. (1) (am) 1m., to the court and to all persons who are required to
20receive the notice under par. (b) 2., no later than the filing of that request or, if not
21available by that time, no later than 30 days after the date on which the placement
22was made.
SB161,32
23Section
32. 48.357 (2v) (a) 5. and 6. of the statutes are created to read:
SB161,19,524
48.357
(2v) (a) 5. Except as provided in subd. 6., if the court changes the
25placement to a residential care center for children and youth, group home, or shelter
1care facility certified under s. 48.675, the change-in-placement order shall contain
2a finding as to each of the following, the answers to which do not affect whether the
3placement may be made, after considering the standardized assessment and the
4recommendation of the qualified individual who conducted the standardized
5assessment:
SB161,19,76
a. Whether the needs of the child can be met through placement in a foster
7home.
SB161,19,118
b. Whether placement of the child in a residential care center for children and
9youth, group home, or shelter care facility certified under s. 48.675 provides the most
10effective and appropriate level of care for the child in the least restrictive
11environment.
SB161,19,1312
c. Whether the placement is consistent with the short-term and long-term
13goals for the child, as specified in the permanency plan.
SB161,19,1414
d. Whether the court approves or disapproves the placement.
SB161,19,2015
6. If the results of the standardized assessment and recommendation of the
16qualified individual who conducted the standardized assessment are not available
17at the time of the order, the court shall defer making the findings under subd. 5. as
18provided in this paragraph. No later than 60 days after the date on which the
19placement was made, the court shall issue an order making the findings under subd.
205.
SB161,33
21Section
33. 48.38 (1) (ag) of the statutes is created to read:
SB161,19,2322
48.38
(1) (ag)
“Family permanency team”
means the team of individuals
23assembled under sub. (3m) to participate in a child's permanency planning.
SB161,34
24Section
34. 48.38 (1) (ap) of the statutes is created to read:
SB161,20,3
148.38
(1) (ap) “Like-kin” means a person who has a significant emotional
2relationship with a child or the child's family and to whom any of the following
3applies:
SB161,20,64
1. Prior to the child's placement in out-of-home care, the person had an
5existing relationship with the child or the child's family that is similar to a familial
6relationship.
SB161,20,97
2. During the child's placement in out-of-home care, the person developed a
8relationship with the child or the child's family that is similar to a familial
9relationship.
SB161,35
10Section
35. 48.38 (1) (c) of the statutes is created to read:
SB161,20,1311
48.38
(1) (c) “Qualified residential treatment program” means a residential
12care center for children and youth, group home, or shelter care facility certified under
13s. 48.675
.
SB161,36
14Section
36. 48.38 (3m) of the statutes is created to read:
SB161,20,1915
48.38
(3m) Family permanency team. If a child is placed in a qualified
16residential treatment program, the agency that placed the child or arranged the
17placement or the agency assigned primary responsibility for providing services to the
18child under s. 48.355 (2) (b) 6g. shall invite all of the following to participate in
19permanency planning and may invite others at the agency's discretion:
SB161,20,2120
(a) All appropriate biological family members, relatives, and like-kin of the
21child, as determined by the agency.
SB161,20,2422
(b) Appropriate professionals who serve as a resource for the family of the child,
23such as teachers, medical or mental health providers who have treated the child, or
24clergy.
SB161,20,2525
(c) Others identified by a child over the age of 14 as provided under sub. (2m).
SB161,37
1Section
37. 48.38 (4) (k) of the statutes is created to read:
SB161,21,32
48.38
(4) (k) If the child is placed in a qualified residential treatment program,
3all of the following:
SB161,21,54
1. Documentation of reasonable and good faith efforts to identify and include
5all required individuals on the family permanency team.
SB161,21,66
2. The contact information for the members of the family permanency team.
SB161,21,87
3. Information showing that meetings of the family permanency team are held
8at a time and place convenient for the family to the extent possible.
SB161,21,119
4. If reunification is the child's permanency goal, information demonstrating
10that the parent from whom the child was removed provided input on the members
11of the family permanency team or why that input was not obtained.
SB161,21,1412
5. Information showing that the standardized assessment, as determined by
13the department, was used to determine the appropriateness of the placement in a
14qualified residential treatment program
SB161,21,1815
6. The placement preferences of the family permanency team, including a
16recognition that a child should be placed with his or her siblings unless the court
17determines that a joint placement would be contrary to the safety or well-being of
18the child or any of those siblings.
SB161,21,2219
7. If placement preferences of the family permanency team are not the
20placement recommended by the qualified individual who conducted the
21standardized assessment, the reasons why these preferences were not
22recommended.
SB161,21,2423
8. The recommendations of the qualified individual who conducted the
24standardized assessment, including all of the following:
SB161,22,5
1a. Whether the recommended placement in a qualified residential treatment
2program is the placement that will provide the child with the most effective and
3appropriate level of care in the least restrictive environment and how that placement
4is consistent with the short-term and long-term goals for the child, as specified in
5the permanency plan.
SB161,22,86
b. Whether and why the child's needs can or cannot be met by the child's family
7or in a foster home. A shortage or lack of foster homes is not an acceptable reason
8for determining that the child's needs cannot be met in a foster home.
SB161,22,109
9. Documentation of the approval or disapproval of the placement in a qualified
10residential treatment program by a court, if such a determination has been made.
SB161,38
11Section
38. 48.38 (4) (L) of the statutes is created to read:
SB161,22,1212
48.38
(4) (L) If the child is a parent or is pregnant, all of the following:
SB161,22,1513
1. A list of the services or programs to be provided to or on behalf of the child
14to ensure that the child, if pregnant, is prepared and, if a parent, is able to be a
15parent.
SB161,22,1716
2. The out-of-home care prevention strategy for any child born to the parenting
17or pregnant child.
SB161,39
18Section
39. 48.38 (5) (bm) 4. of the statutes is created to read:
SB161,22,2319
48.38
(5) (bm) 4. If the child is placed in a qualified residential treatment
20program, the agency that prepared the permanency plan shall submit to the court
21or panel specific information showing all of the following, which the court or panel
22shall consider when determining the continuing necessity for and the safety and
23appropriateness of the placement:
SB161,23,524
a. Whether ongoing assessment of the strengths and needs of the child
25continues to support the determination that the needs of the child cannot be met
1through placement in a foster home, whether the placement in a qualified residential
2treatment program provides the most effective and appropriate level of care for the
3child in the least restrictive environment, and how the placement is consistent with
4the short-term and long-term goals for the child, as specified in the child's
5permanency plan.
SB161,23,86
b. The specific treatment or service needs that will be met for the child in the
7placement and the length of the time the child is expected to need the treatment or
8services.
SB161,23,119
c. The efforts made by the agency to prepare the child to return home or to be
10placed with a fit and willing relative, a guardian, or an adoptive parent or in a foster
11home.
SB161,40
12Section
40. 48.38 (5) (c) 1. of the statutes is amended to read:
SB161,23,2113
48.38
(5) (c) 1. The continuing necessity for and the safety and appropriateness
14of the placement
, subject to par. (bm) 4. and sub. (5m) (c) 4. If the permanency goal
15of the child's permanency plan is placement of the child in a planned permanent
16living arrangement described in sub. (4) (fg) 5., the determination under this
17subdivision shall include an explanation of why the planned permanent living
18arrangement is the best permanency goal for the child and why, supported by
19compelling reasons, it continues not to be in the best interests of the child to be
20returned to his or her home or to be placed for adoption, with a guardian, or with a
21fit and willing relative.
SB161,41
22Section
41. 48.38 (5) (d) of the statutes is amended to read:
SB161,24,1323
48.38
(5) (d) Notwithstanding s. 48.78 (2) (a), the agency that prepared the
24permanency plan shall, at least 5 days before a review by a review panel, provide to
25each person appointed to the review panel, the child's parent, guardian, and legal
1custodian, the person representing the interests of the public, the child's counsel, the
2child's guardian ad litem, the child's court-appointed special advocate, and, if the
3child is an Indian child who is placed outside the home of his or her parent or Indian
4custodian, the Indian child's Indian custodian and tribe a copy of the permanency
5plan
, any information submitted under par. (bm) 4., and any written comments
6submitted under par. (bm) 1. Notwithstanding s. 48.78 (2) (a), a person appointed
7to a review panel, the person representing the interests of the public, the child's
8counsel, the child's guardian ad litem, the child's court-appointed special advocate,
9and, if the child is an Indian child who is placed outside the home of his or her parent
10or Indian custodian, the Indian child's Indian custodian and tribe may have access
11to any other records concerning the child for the purpose of participating in the
12review. A person permitted access to a child's records under this paragraph may not
13disclose any information from the records to any other person.
SB161,42
14Section
42. 48.38 (5m) (c) 4. of the statutes is created to read:
SB161,24,1915
48.38
(5m) (c) 4. If the child is placed in a qualified residential treatment
16program, the agency that prepared the permanency plan shall present to the court
17specific information showing all of the following, which the court shall consider when
18determining the continuing necessity for and the safety and appropriateness of the
19placement under sub. (5) (c) 1.:
SB161,25,220
a. Whether ongoing assessment of the strengths and needs of the child
21continues to support the determination that the needs of the child cannot be met
22through placement in a foster home, whether the placement in a qualified residential
23treatment program provides the most effective and appropriate level of care for the
24child in the least restrictive environment, and how the placement is consistent with
1the short-term and long-term goals for the child, as specified in the child's
2permanency plan.
SB161,25,53
b. The specific treatment or service needs that will be met for the child in the
4placement and the length of the time the child is expected to need the treatment or
5services.
SB161,25,86
c. The efforts made by the agency to prepare the child to return home or to be
7placed with a fit and willing relative, a guardian, or an adoptive parent or in a foster
8home.
SB161,43
9Section
43. 48.38 (5m) (d) of the statutes is amended to read:
SB161,25,2410
48.38
(5m) (d) At least 5 days before the date of the hearing the agency that
11prepared the permanency plan shall provide a copy of the permanency plan
, any
12information submitted under par. (bm) 4., and any written comments submitted
13under par. (c) 1. to the court, to the child's parent, guardian, and legal custodian, to
14the person representing the interests of the public, to the child's counsel or guardian
15ad litem, to the child's court-appointed special advocate, and, if the child is an Indian
16child who is placed outside the home of his or her parent or Indian custodian, to the
17Indian child's Indian custodian and tribe. Notwithstanding s. 48.78 (2) (a), the
18person representing the interests of the public, the child's counsel or guardian ad
19litem, the child's court-appointed special advocate, and, if the child is an Indian child
20who is placed outside of the home of his or her parent or Indian custodian, the Indian
21child's Indian custodian and tribe may have access to any other records concerning
22the child for the purpose of participating in the review. A person permitted access
23to a child's records under this paragraph may not disclose any information from the
24records to any other person.
SB161,44
25Section
44. 48.437 (1) (a) 2. of the statutes is amended to read:
SB161,26,12
148.437
(1) (a) 2. The notice shall contain the name and address of the new
2placement, the reasons for the change in placement,
whether the new placement is
3certified under s. 48.675, a statement describing why the new placement is
4preferable to the present placement, a statement of how the new placement satisfies
5the objectives of the treatment plan or permanency plan ordered by the court, and,
6if the child is an Indian child who has been removed from the home of his or her
7parent or Indian custodian, a statement as to whether the new placement is in
8compliance with the order of placement preference under s. 48.028 (7) (b) or, if
9applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that
10order, specific information showing good cause, as described in s. 48.028 (7) (e), for
11departing from that order. The person sending the notice shall file the notice with
12the court on the same day the notice is sent.
SB161,45
13Section
45. 48.437 (1) (a) 3. and 4. of the statutes are created to read:
SB161,26,2214
48.437
(1) (a) 3. If the proposed change in placement would place the child in
15a residential care center for children and youth, group home, or shelter care facility
16certified under s. 48.675, the qualified individual shall conduct a standardized
17assessment and the agency appointed as the guardian of the child shall submit it and
18the recommendation of the qualified individual who conducted the standardized
19assessment, including all of the following, to the court and all persons who are
20required to receive the notice under subd. 1. no later than time of filing of that notice,
21or, if not available by that time, and except as provided under subd. 4., no later than
2210 days after the notice is filed:
SB161,26,2423
a. Whether the proposed placement will provide the child with the most
24effective and appropriate level of care in the least restrictive environment.
SB161,27,2
1b. How the placement is consistent with the short-term and long-term goals
2for the child, as specified in the permanency plan.
SB161,27,53
c. The reasons why the child's needs can or cannot be met by the child's family
4or in a foster home. A shortage or lack of foster homes is not an acceptable reason
5for determining that the child's needs cannot be met in a foster home.
SB161,27,86
d. The placement preference of the family permanency team under s. 48.38
7(3m) and, if that preference is not the placement recommended by the qualified
8individual, why that recommended placement is not preferred.
SB161,27,129
4. If, for good cause shown, the information required to be submitted under
10subd. 3. is not available by the deadline under that subdivision, the agency appointed
11as the guardian of the child shall submit it no later than 30 days after the date on
12which the placement is made.
SB161,46
13Section
46. 48.437 (1) (c) of the statutes is amended to read:
SB161,27,2114
48.437
(1) (c)
Contents of order. The change-in-placement order shall contain
15the applicable order under sub. (2v) (a), the applicable statement under sub. (2v) (b),
16and the
finding applicable findings under sub. (2v) (c)
and (d). If the court changes
17the placement of an Indian child who has been removed from the home of his or her
18parent or Indian custodian, the change-in-placement order shall, in addition,
19comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable,
20s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e),
21for departing from that order.
SB161,47
22Section
47. 48.437 (2) of the statutes is renumbered 48.437 (2) (a).
SB161,48
23Section
48. 48.437 (2) (b) and (c) of the statutes are created to read:
SB161,28,624
48.437
(2) (b) 1. If the emergency change in placement under par. (a) results
25in a child being placed in a residential care center for children and youth, group
1home, or shelter care facility certified under s. 48.675, the qualified individual shall
2conduct a standardized assessment and the agency appointed as the guardian of the
3child shall submit it and the recommendation of the qualified individual who
4conducted the standardized assessment, including the information specified under
5sub. (1) (a) 3. with the notice under par. (a) or, if not available at that time, and except
6as provided under subd. 2., no later than 10 days after the filing of that notice.
SB161,28,107
2. If, for good cause shown, the information required to be submitted under
8subd. 1. is not available by the deadline under that subdivision, the agency appointed
9as the guardian of the child shall submit it no later than 30 days after the date on
10which the placement was made.
SB161,28,1711
(c) If the emergency change in placement under par. (a) results in a child being
12placed in a residential care center for children and youth, group home, or shelter care
13facility certified under s. 48.675, the court shall, no later than 60 days after the
14placement is made, issue an order making the findings under sub. (2v) (d) 1., the
15answers to which do not affect whether the placement may be made, after
16considering the standardized assessment and the recommendation of the qualified
17individual who conducted the standardized assessment.
SB161,49
18Section
49. 48.437 (2v) (d) of the statutes is created to read:
SB161,28,2519
48.437
(2v) (d) 1. Except as provided in subd. 2., if the court changes the
20placement to a residential care center for children and youth, group home, or shelter
21care facility certified under s. 48.675, the change-in-placement order shall contain
22a finding as to each of the following, the answers to which do not affect whether the
23placement may be made, after considering the standardized assessment and the
24recommendation of the qualified individual who conducted the standardized
25assessment:
SB161,29,2
1a. Whether the needs of the child can be met through placement in a foster
2home.
SB161,29,63
b. Whether placement of the child in a residential care center for children and
4youth, group home, or shelter care facility certified under s. 48.675 provides the most
5effective and appropriate level of care for the child in the least restrictive
6environment.
SB161,29,87
c. Whether the placement is consistent with the short-term and long-term
8goals for the child, as specified in the permanency plan.
SB161,29,99
d. Whether the court approves or disapproves the placement.