48.375(8)
(8)
Appeal. An appeal by a minor from an order of the trial court denying a petition under sub.
(7) may be taken to the court of appeals as a matter of right under s.
808.03 (1) and is governed by s.
809.105.
48.375(9)
(9)
Assistance to minors concerning parental consent for abortion. If a minor who is contemplating an abortion requests assistance from a county department under s.
46.215,
46.22 or
46.23 in seeking the consent of the minor's parent, guardian, or legal custodian, or in seeking the consent of an adult family member, for the contemplated abortion or in seeking a waiver from the circuit court, the county department shall provide assistance, including, if so requested, accompanying the minor as appropriate.
48.375 Annotation
Any law requiring parental consent for a minor to obtain an abortion must ensure that the parent does not have absolute, and possibly arbitrary, veto power. Bellotti v. Baird,
443 U.S. 622 (1979).
48.375 Annotation
The essential holding of
Roe v. Wade allowing abortion is upheld, but various state restrictions on abortion are permissible. Planned Parenthood v. Casey,
505 U.S. 833,
120 L. Ed. 2d 674 (1992).
PERMANENCY PLANNING; RECORDS
48.38
48.38
Permanency planning. 48.38(1)(1)
Definitions. In this section:
48.38(1)(a)
(a) “Agency" means the department, a county department or a licensed child welfare agency.
48.38(1)(ad)
(ad) “Child" includes a person 18 years of age or over for whom a permanency plan is required under sub.
(2).
48.38(1)(am)
(am) “Independent agency" means a private, nonprofit organization, but does not include a licensed child welfare agency that is authorized to prepare permanency plans or that is assigned the primary responsibility of providing services under a permanency plan.
48.38(1)(b)
(b) “Permanency plan" means a plan designed to ensure that a child is reunified with his or her family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability.
48.38(2)
(2)
Permanency plan required. Except as provided in sub.
(3), for each child living in a foster home, group home, residential care center for children and youth, juvenile detention facility, shelter care facility, qualifying residential family-based treatment facility with a parent, or supervised independent living arrangement, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s.
48.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each child living in the home of a guardian or a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions specified in pars.
(a) to
(e) exists:
48.38(2)(b)
(b) The child is in the legal custody of the agency.
48.38(2)(d)
(d) The child was placed under a voluntary agreement between the agency and the child's parent under s.
48.63 (1) (a) or
(bm) or
(5) (b) or under a voluntary transition-to-independent-living agreement under s.
48.366 (3).
48.38(2)(e)
(e) The child is under the guardianship of the agency.
48.38(2)(f)
(f) The child's care would be paid for under s.
49.19 but for s.
49.19 (20), except that this paragraph does not apply to a child whose care is being paid for under s.
48.623 (1).
48.38(2)(g)
(g) The child's parent is placed in a foster home, group home, residential care center for children and youth, juvenile detention facility, shelter care facility, or supervised independent living arrangement and the child is residing with that parent.
48.38(2m)
(2m)
Consultation with child 14 or over. The agency responsible for preparing the permanency plan for a child 14 years of age or over shall prepare the plan and any revisions of the plan in consultation with the child and, at the option of the child, with not more than 2 persons selected by the child who are members of any child and family team convened for the child, except that the child may not select his or her caregiver or caseworker to consult in the preparation or revision of the permanency plan and the agency may reject a person selected by the child if the agency has good cause to believe that the person would not act in the best interests of the child. The agency may designate one of the persons selected by the child to be the child's adviser and, as necessary, the child's advocate, with respect to application of the reasonable and prudent parent standard to decisions concerning the child's participation in age or developmentally appropriate activities.
48.38(3)
(3)
Time. Subject to sub.
(4m) (a), the agency shall file the permanency plan with the court within 60 days after the date on which the child was first removed from his or her home, except that if the child is held for less than 60 days in a juvenile detention facility, juvenile portion of a county jail, or a shelter care facility, no permanency plan is required if the child is returned to his or her home within that period.
48.38(4)
(4)
Contents of plan. The permanency plan shall include all of the following:
48.38(4)(ag)
(ag) The name, address, and telephone number of the child's parent, guardian, and legal custodian.
48.38(4)(am)
(am) The date on which the child was removed from his or her home and the date on which the child was placed in out-of-home care.
48.38(4)(ar)
(ar) A description of the services offered and any services provided in an effort to prevent the removal of the child from his or her home, while assuring that the health and safety of the child are the paramount concerns, and to achieve the goal of the permanency plan, except that the permanency plan is not required to include a description of the services offered or provided with respect to a parent of the child to prevent the removal of the child from the home or to achieve the permanency goal of returning the child safely to his or her home if any of the following applies:
48.38(4)(b)
(b) The basis for the decision to hold the child in custody or to place the child outside of his or her home.
48.38(4)(bm)
(bm) A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the child and, if a decision is made not to place the child with an available relative, a statement as to why placement with the relative is not safe or appropriate.
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)(em)
(em) A recommendation regarding placement with a parent in a qualifying residential family-based treatment facility.
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, or with a fit and willing relative, or, in the case of a child 16 years of age or over, obtain for the child, if appropriate, a placement 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. In the case of a child 16 years of age or over, placement of the child in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult.
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 a child 16 years of age or over 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. 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. The plan shall also include a plan to ensure that the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities determined in accordance with the reasonable and prudent parent standard.
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 14 years of age or over, a 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 a successful adulthood. 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 a successful adulthood.
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 a successful adulthood.
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 a successful adulthood, the time frames for delivering those programs or services, and the intended outcome of those programs or services.
48.38(4)(h)6.
6. Documentation that the plan was prepared in consultation with the child and any persons selected by the child as required under sub.
(2m).
48.38(4)(h)7.
7. A document that describes the rights of the child with respect to education, health, visitation, and participation in court proceedings, the right of the child to receive the documents and information specified in s.
48.385 (2), the right of the child to receive a copy of the child's consumer report, as defined in
15 USC 1681a (d), and the right of the child to stay safe and to avoid exploitation, together with a signed acknowledgement by the child that he or she has been provided with a copy of that document and that the rights described in that document have been explained to him or her in an age-appropriate and developmentally appropriate way.
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 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(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.
