48.38(4)(br)1.1. In this paragraph, "sibling" means a person who is a brother or sister of the child, whether by blood, marriage, or adoption, including a person who was a brother or sister of a child before the person was adopted or parental rights to the person were terminated.
48.38(4)(br)2.
2. If the child has one or more siblings who have also been removed from the home, a description of the efforts made to place the child in a placement that enables the sibling group to remain together and, if a decision is made not to place the child and his or her siblings in a joint placement, a statement as to why a joint placement would be contrary to the safety or well-being of the child or any of those siblings and a description of the efforts made to provide for frequent visitation or other ongoing interaction between the child and those siblings. If a decision is made not to provide for that visitation or interaction, the permanency plan shall include a statement as to why that visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
48.38(4)(c)
(c) The location and type of facility in which the child is currently held or placed, and the location and type of facility in which the child will be placed.
48.38(4)(d)
(d) If the child is living more than 60 miles from his or her home, documentation that placement within 60 miles of the child's home is either unavailable or inappropriate or documentation that placement more than 60 miles from the child's home is in the child's best interests. The placement of a child in a licensed foster home more than 60 miles from the child's home is presumed to be in the best interests of the child if documentation is provided which shows all of the following:
48.38(4)(d)2.
2. That the voluntary agreement provides that the child may be placed more than 60 miles from the child's home.
48.38(4)(d)3.
3. That the placement is made to facilitate the anticipated adoptive placement of the child under
s. 48.833 or
48.837.
48.38(4)(dg)
(dg) Information about the child's education, including all of the following:
48.38(4)(dg)1.
1. The name and address of the school in which the child is or was most recently enrolled.
48.38(4)(dg)2.
2. Any special education programs in which the child is or was previously enrolled.
48.38(4)(dg)3.
3. The grade level in which the child is or was most recently enrolled and all information that is available concerning the child's grade level performance.
48.38(4)(dg)4.
4. A summary of all available education records relating to the child that are relevant to any education goals included in the education services plan prepared under
s. 48.33 (1) (e).
48.38(4)(dm)
(dm) If as a result of the placement the child has been or will be transferred from the school in which the child is or most recently was enrolled, documentation that a placement that would maintain the child in that school is either unavailable or inappropriate or that a placement that would result in the child's transfer to another school would be in the child's best interests.
48.38(4)(dr)
(dr) Medical information relating to the child, including all of the following:
48.38(4)(dr)1.
1. The names and addresses of the child's physician, dentist, and any other health care provider that is or was previously providing health care services to the child.
48.38(4)(dr)2.
2. The child's immunization record, including the name and date of each immunization administered to the child.
48.38(4)(dr)3.
3. Any known medical condition for which the child is receiving medical care or treatment and any known serious medical condition for which the child has previously received medical care or treatment.
48.38(4)(dr)4.
4. The name, purpose, and dosage of any medication that is being administered to the child and the name of any medication that causes the child to suffer an allergic or other negative reaction.
48.38(4)(e)
(e) A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of the child and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the child or, if available, why such services are not safe or appropriate.
48.38(4)(f)
(f) A description of the services that will be provided to the child, the child's family, and the child's foster parent, the operator of the facility where the child is living, or the relative with whom the child is living to carry out the dispositional order, including services planned to accomplish all of the following:
48.38(4)(f)1.
1. Ensure proper care and treatment of the child and promote safety and stability in the placement.
48.38(4)(f)2.
2. Meet the child's physical, emotional, social, educational and vocational needs.
48.38(4)(f)3.
3. Improve the conditions of the parents' home to facilitate the safe return of the child to his or her home, or, if appropriate, obtain for the child a placement for adoption, with a guardian, with a fit and willing relative, or in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult.
48.38(4)(fg)
(fg) The goal of the permanency plan or, if the agency is engaging in concurrent planning, as defined in
s. 48.355 (2b) (a), the permanency and concurrent permanency goals of the permanency plan. If a goal of the permanency plan is to place the child for adoption, with a guardian, or with a fit and willing relative, the permanency plan shall include the rationale for deciding on that goal and the efforts made to achieve that goal, including, if appropriate, through an out-of-state placement. If the agency determines under
s. 48.355 (2b) (b) to engage in concurrent planning, the permanency plan shall include the rationale for that determination and a description of the concurrent plan. The agency shall determine one or more of the following goals to be the goal or goals of a child's permanency plan:
48.38(4)(fg)4.
4. Permanent placement of the child with a fit and willing relative.
48.38(4)(fg)5.
5. As provided in
par. (fm), some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult, including sustaining care or long-term foster care, but not including independent living.
48.38(4)(fm)
(fm) If the agency determines that there is a compelling reason why it currently would not be in the best interests of the child to return the child to his or her home or to place the child for adoption, with a guardian, or with a fit and willing relative as the permanency goal for the child, the permanency goal of placing the child in some other planned permanent living arrangement described in
par. (fg) 5. If the agency makes that determination, the plan shall include the efforts made to achieve that permanency goal, including, if appropriate, through an out-of-state placement, a statement of that compelling reason, and, notwithstanding that compelling reason, a concurrent plan under
s. 48.355 (2b) towards achieving a goal under
par. (fg) 1. to
4. as a concurrent permanency goal in addition to the permanency goal under
par. (fg) 5.
48.38(4)(g)
(g) The conditions, if any, upon which the child will be returned safely to his or her home, including any changes required in the parents' conduct, the child's conduct or the nature of the home.
48.38(4)(h)
(h) If the child is 15 years of age or over, an independent living plan describing the programs and services that are or will be provided to assist the child in preparing for the transition from out-of-home care to independent living. The plan shall include all of the following:
48.38(4)(h)1.
1. The anticipated age at which the child will be discharged from out-of-home care.
48.38(4)(h)2.
2. The anticipated amount of time available in which to prepare the child for the transition from out-of-home care to independent living.
48.38(4)(h)3.
3. The anticipated location and living situation of the child on discharge from out-of-home care.
48.38(4)(h)4.
4. A description of the assessment processes, tools, and methods that have been or will be used to determine the programs and services that are or will be provided to assist the child in preparing for the transition from out-of-home care to independent living.
48.38(4)(h)5.
5. The rationale for each program or service that is or will be provided to assist the child in preparing for the transition from out-of-home care to independent living, the time frames for delivering those programs or services, and the intended outcome of those programs or services.
48.38(4)(i)
(i) A statement as to whether the child's age and developmental level are sufficient for the court to consult with the child at the permanency hearing under
sub. (4m) (c) or
(5m) (c) 2. or
s. 48.43 (5) (b) 2. or for the court or panel to consult with the child at the permanency review under
sub. (5) (bm) 2. and, if a decision is made that it would not be age appropriate or developmentally appropriate for the court or panel to consult with the child, a statement as to why consultation with the child would not be appropriate.
48.38(4)(im)
(im) If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, all of the following:
48.38(4)(im)1.
1. The name, address, and telephone number of the Indian child's Indian custodian and tribe.
48.38(4)(im)2.
2. A description of the remedial services and rehabilitation programs offered under
s. 48.028 (4) (d) 2. in an effort to prevent the breakup of the Indian child's family.
48.38(4)(im)3.
3. A statement as to whether the Indian child's placement is in compliance with the order of placement preference under
s. 48.028 (7) (b) or, if applicable,
s. 48.028 (7) (c) and, if the placement is not in compliance with that order, a statement as to whether there is good cause, as described in
s. 48.028 (7) (e), for departing from that order.
48.38(4)(j)
(j) If the child is placed in the home of a relative or other person described in
s. 48.623 (1) (b) 1. who will be receiving subsidized guardianship payments, a description of all of the following:
48.38(4)(j)1.
1. The steps the agency has taken to determine that it is not appropriate for the child to be returned to his or her home or to be adopted.
48.38(4)(j)2.
2. If a decision has been made not to place the child and his or her siblings, as defined in
par. (br) 1., in a joint placement, the reasons for separating the child and his or her siblings during the placement.
48.38(4)(j)3.
3. The reasons why a permanent placement with a fit and willing relative or other person described in
s. 48.623 (1) (b) 1. through a subsidized guardianship arrangement is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with
s. 48.01 (2).
48.38(4)(j)4.
4. The ways in which the child and the relative or other person described in
s. 48.623 (1) (b) 1. meet the eligibility requirements specified in
s. 48.623 (1) for the receipt of subsidized guardianship payments.
48.38(4)(j)5.
5. The efforts the agency has made to discuss adoption of the child by the relative or other person described in
s. 48.623 (1) (b) 1. as a more permanent alternative to guardianship and, if that relative or other person has chosen not to pursue adoption, documentation of the reasons for not pursuing adoption.
48.38(4)(j)6.
6. The efforts the agency has made to discuss the subsidized guardianship arrangement with the child's parents or, if those efforts were not made, documentation of the reasons for not making those efforts.
48.38(4m)
(4m) Reasonable efforts not required; permanency [plan] determination hearing. 48.38(4m)(a)(a) If in a proceeding under
s. 48.21,
48.32,
48.355,
48.357, or
48.365 the court finds that any of the circumstances under
s. 48.355 (2d) (b) 1. to
5. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the child. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing. At the hearing, the court shall consider placing the child in a placement outside this state if the court determines that such a placement would be in the best interests of the child and appropriate to achieving the goal of the child's permanency plan.
48.38 Note
NOTE: The word "plan" in brackets was deleted by
2011 Wis. Act 181 but reinserted by
2011 Wis. Act 258. Corrective legislation to remove "plan" in order to give effect to the Act 181 treatment is pending.
48.38(4m)(b)
(b) At least 10 days before the date of the hearing the court shall notify the child; any parent, guardian, and legal custodian of the child; any foster parent, or other physical custodian described in
s. 48.62 (2) of the child, the operator of the facility in which the child is living, or the relative with whom the child is living; and, if the child is an Indian child, the Indian child's Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing.
48.38(4m)(c)
(c) If the child's permanency plan includes a statement under
sub. (4) (i) indicating that the child's age and developmental level are sufficient for the court to consult with the child regarding the child's permanency plan or if, notwithstanding a decision under
sub. (4) (i) that it would not be appropriate for the court to consult with the child, the court determines that consultation with the child would be in the best interests of the child, the court shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child's permanency plan and any other matters the court finds appropriate. If none of those circumstances apply, the court may permit the child's caseworker, the child's counsel, or, subject to
s. 48.235 (3) (a), the child's guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the child's wishes, goals, and concerns regarding the permanency plan and those matters. If the court permits such a written or oral statement to be made or submitted, the court may nonetheless require the child to be physically present at the hearing.
48.38(4m)(d)
(d) The court shall give a foster parent, other physical custodian described in
s. 48.62 (2), operator of a facility, or relative who is notified of a hearing under
par. (b) a right to be heard at the hearing by permitting the foster parent, other physical custodian, operator, or relative to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, other physical custodian, operator of a facility, or relative does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.
48.38(5)(a)(a) Except as provided in
s. 48.63 (5) (d), the court or a panel appointed under
par. (ag) shall review the permanency plan in the manner provided in this subsection not later than 6 months after the date on which the child was first removed from his or her home and every 6 months after a previous review under this subsection for as long as the child is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the child was first removed from his or her home and the reviews that are required to be conducted every 12 months after that review the court shall hold a hearing under
sub. (5m) to review the permanency plan, which hearing may be instead of or in addition to the review under this subsection. The 6-month and 12-month periods referred to in this paragraph include trial reunifications under
s. 48.358.
48.38(5)(ag)
(ag) If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the child or the parents of the child whose permanency plan is the subject of the review.
48.38(5)(am)
(am) The court may appoint an independent agency to designate a panel to conduct a permanency review under
par. (a). If the court in a county having a population of less than 500,000 appoints an independent agency under this paragraph, the county department of the county of the court shall authorize and contract for the purchase of services from the independent agency. If the court in a county having a population of 500,000 or more appoints an independent agency under this paragraph, the department shall authorize and contract for the purchase of services from the independent agency.
48.38(5)(b)
(b) The court or the agency shall notify the child; the child's parent, guardian, and legal custodian; the child's foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they shall have a right to be heard at the review as provided in
par. (bm) 1. The court or agency shall notify the person representing the interests of the public, the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review as provided in
par. (bm) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child's case record.
48.38(5)(bm)1.1. A child, parent, guardian, legal custodian, foster parent, operator of a facility, or relative who is provided notice of the review under
par. (b) shall have a right to be heard at the review by submitting written comments relevant to the determinations specified in
par. (c) not less than 10 working days before the date of the review or by participating at the review. A person representing the interests of the public, counsel, guardian ad litem, or court-appointed special advocate who is provided notice of the review under
par. (b) may have an opportunity to be heard at the review by submitting written comments relevant to the determinations specified in
par. (c) not less than 10 working days before the date of the review. A foster parent, operator of a facility, or relative who receives notice of a review under
par. (b) and a right to be heard under this subdivision does not become a party to the proceeding on which the review is held solely on the basis of receiving that notice and right to be heard.
48.38(5)(bm)2.
2. If the child's permanency plan includes a statement under
sub. (4) (i) indicating that the child's age and developmental level are sufficient for the court or panel to consult with the child regarding the child's permanency plan or if, notwithstanding a decision under
sub. (4) (i) that it would not be appropriate for the court or panel to consult with the child, the court or panel determines that consultation with the child would be in the best interests of the child, the court or panel shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child's permanency plan and any other matters the court or panel finds appropriate. If none of those circumstances apply, the court or panel may permit the child's caseworker, the child's counsel, or, subject to
s. 48.235 (3) (a), the child's guardian ad litem to make a written or oral statement during the review, or to submit a written statement prior to the review, expressing the child's wishes, goals, and concerns regarding the permanency plan and those matters. If the court or panel permits such a written or oral statement to be made or submitted, the court or panel may nonetheless require the child to be physically present at the review.
48.38(5)(c)
(c) The court or the panel shall determine each of the following:
48.38(5)(c)1.
1. The continuing necessity for and the safety and appropriateness of the placement.
48.38(5)(c)2.
2. The extent of compliance with the permanency plan by the agency and any other service providers, the child's parents, the child and the child's guardian, if any.
48.38(5)(c)3.
3. The extent of any efforts to involve appropriate service providers in addition to the agency's staff in planning to meet the special needs of the child and the child's parents.
48.38(5)(c)4.
4. The progress toward eliminating the causes for the child's placement outside of his or her home and toward returning the child safely to his or her home or obtaining a permanent placement for the child.
48.38(5)(c)5.
5. The date by which it is likely that the child will be returned to his or her home or placed for adoption, with a guardian, with a fit and willing relative, or in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult.
48.38(5)(c)5m.
5m. The continuing appropriateness, according to standards established by the department, of the permanency goal and, if the court or panel considers appropriate, any concurrent permanency goals for the child. If the court or panel does not approve of any of those goals or if the court or panel determines that a concurrent permanency goal is appropriate, the court or panel shall determine the permanency goal and, if appropriate, any concurrent permanency goals for the child.
48.38(5)(c)6.
6. If the child has been placed outside of his or her home, as described in
s. 48.365 (1), in a foster home, group home, residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home, the appropriateness of the permanency plan and the circumstances which prevent the child from any of the following:
48.38(5)(c)6.b.
b. Having a petition for the involuntary termination of parental rights filed on behalf of the child.
48.38(5)(c)6.cm.
cm. Being placed in the home of a fit and willing relative of the child.
48.38(5)(c)6.d.
d. Being placed in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult, including sustaining care or long-term foster care, but not including independent living.
48.38(5)(c)7.
7. Whether reasonable efforts were made by the agency to achieve the permanency goal of the permanency plan, including, if appropriate, through an out-of-state placement.
48.38 Note
NOTE: Subd. 7. is shown as affected by
2011 Wis. Acts 181 and
258 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.38(5)(c)8.
8. If the child has one or more siblings, as defined in
s. 48.38 (4) (br) 1., who have also been removed from the home, whether reasonable efforts were made by the agency to place the child in a placement that enables the sibling group to remain together, unless the court or panel determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the court or panel shall determine whether reasonable efforts were made by the agency to provide for frequent visitation or other ongoing interaction between the child and those siblings, unless the court or panel determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
48.38(5)(c)8m.
8m. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, whether active efforts under
s. 48.028 (4) (d) 2. were made to prevent the breakup of the Indian child's family, whether those efforts have proved unsuccessful, whether the Indian child's placement is in compliance with the order of placement preference under
s. 48.028 (7) (b) or, if applicable,
s. 48.028 (7) (c), and, if the placement is not in compliance with that order, whether there is good cause, as described in
s. 48.028 (7) (e), for departing from that order.
48.38(5)(d)
(d) Notwithstanding
s. 48.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the child's parent, guardian, and legal custodian, the person representing the interests of the public, the child's counsel, the child's guardian ad litem, the child's court-appointed special advocate, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe a copy of the permanency plan and any written comments submitted under
par. (bm) 1. Notwithstanding
s. 48.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the child's counsel, the child's guardian ad litem, the child's court-appointed special advocate, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.
48.38(5)(e)
(e) Within 30 days, the agency shall prepare a written summary of the determinations under
par. (c) and shall provide a copy to the court that entered the order; the child or the child's counsel or guardian ad litem; the person representing the interests of the public; the child's parent, guardian, or legal custodian; the child's court-appointed special advocate; the child's foster parent, the operator of the facility where the child is living, or the relative with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe.
48.38(5)(f)
(f) If the summary prepared under
par. (e) indicates that the review panel made recommendations that conflict with the child's dispositional order or that provide for additional services not specified in the dispositional order, the agency primarily responsible for providing services to the child shall request a revision of the dispositional order.
48.38(5m)(a)(a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in
sub. (5) (c) no later than 12 months after the date on which the child was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the child is placed outside the home. The 12-month periods referred to in this paragraph include trial reunifications under
s. 48.358.
48.38(5m)(b)
(b) Not less than 30 days before the date of the hearing, the court shall notify the child; the child's parent, guardian, and legal custodian; and the child's foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in
par. (c) 1. and shall notify the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in
par. (c) 1.
48.38 Note
NOTE: Par. (b) is shown as affected by
2011 Wis. Acts 181 and
258 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
