SB288,59,211 48.357 (1) (am) 1. If the proposed change in placement involves any change in
12placement other than a change in placement specified in par. (c), the person or agency
13primarily responsible for implementing the dispositional order, the district attorney,
14or the corporation counsel shall cause written notice of the proposed change in
15placement to be sent to the child, the parent, guardian, and legal custodian of the
16child, any foster parent or other physical custodian described in s. 48.62 (2) of the
17child, the child's court-appointed special advocate, and, if the child is an Indian child
18who has been removed from the home of his or her parent or Indian custodian, the
19Indian child's Indian custodian and tribe. If the child is the expectant mother of an
20unborn child under s. 48.133, written notice shall also be sent to the unborn child by
21the unborn child's guardian ad litem. If the change in placement involves an adult
22expectant mother of an unborn child under s. 48.133, written notice shall be sent to
23the adult expectant mother and the unborn child by the unborn child's guardian ad
24litem. The notice shall contain the name and address of the new placement, the
25reasons for the change in placement, a statement describing why the new placement

1is preferable to the present placement, and a statement of how the new placement
2satisfies objectives of the treatment plan ordered by the court.
SB288, s. 82 3Section 82. 48.357 (1) (am) 1g. of the statutes is created to read:
SB288,59,114 48.357 (1) (am) 1g. If the child is an Indian child who has been removed from
5the home of his or her parent or Indian custodian and if the proposed change in
6placement would change the Indian child's placement from a placement outside that
7home to another placement outside that home, a notice under subd. 1. shall also
8contain a statement as to whether the new placement is in compliance with the order
9of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and,
10if the new placement is not in compliance with that order, specific information
11showing good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 83 12Section 83. 48.357 (1) (am) 2. of the statutes is renumbered 48.357 (1) (am)
132. (intro.) and amended to read:
SB288,59,1914 48.357 (1) (am) 2. (intro.) Any person receiving the notice under subd. 1. or
15notice of a specific placement under s. 48.355 (2) (b) 2., other than a court-appointed
16special advocate, may obtain a hearing on the matter by filing an objection with the
17court within 10 days after receipt of the notice. Placements Except as provided in
18subd. 2m., placements
may not be changed until 10 days after that notice is sent to
19the court unless written waivers of objection are signed as follows:
SB288,59,22 20a. By the parent, guardian, or legal custodian and, or Indian custodian, the
21child, if 12 years of age or over, or and the child's tribe, if the child is an Indian child
22who has been removed from the home of his or her parent or Indian custodian.
SB288,60,2 23b. By the child expectant mother, if 12 years of age or over, her parent, guardian,
24or legal custodian and, or Indian custodian, the unborn child by the unborn child's

1guardian ad litem, or and the child expectant mother's tribe, if she is an Indian child
2who has been removed from the home of his or her parent or Indian custodian.
SB288,60,4 3c. By the adult expectant mother and the unborn child by the unborn child's
4guardian ad litem, sign written waivers of objection, except that changes.
SB288,60,9 52m. Changes in placement that were authorized in the dispositional order may
6be made immediately if notice is given as required under subd. 1. In addition, a
7hearing is not required for placement changes authorized in the dispositional order
8except when an objection filed by a person who received notice alleges that new
9information is available that affects the advisability of the court's dispositional order.
SB288, s. 84 10Section 84. 48.357 (1) (am) 3. of the statutes is amended to read:
SB288,60,2011 48.357 (1) (am) 3. If the court changes the child's placement from a placement
12outside the home to another placement outside the home, the change in placement
13order shall contain the applicable order specified in under sub. (2v) (a) 1m. and the
14applicable statement specified in under sub. (2v) (a) 2. If the court changes the
15placement of an Indian child who has been removed from the home of his or her
16parent or Indian custodian from a placement outside that home to another placement
17outside that home, the change in placement order shall, in addition, comply with the
18order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c),
19unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from
20that order.
SB288, s. 85 21Section 85. 48.357 (1) (c) 1m. of the statutes is created to read:
SB288,61,822 48.357 (1) (c) 1m. If the child is an Indian child and if the proposed change in
23placement would change the placement of the child from a placement in the home of
24his or her parent or Indian custodian to a placement outside that home, a request
25under subd. 1. shall also contain specific information showing that continued custody

1of the Indian child by the parent or Indian custodian is likely to result in serious
2emotional or physical damage to the child under s. 48.028 (4) (d) 1., specific
3information showing that active efforts under s. 48.028 (4) (d) 2. have been made to
4prevent the breakup of the Indian child's family and that those efforts have proved
5unsuccessful, a statement as to whether the new placement is in compliance with the
6order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c)
7and, if the new placement is not in compliance with that order, specific information
8showing good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 86 9Section 86. 48.357 (1) (c) 2. of the statutes is amended to read:
SB288,61,1710 48.357 (1) (c) 2. The court shall hold a hearing prior to ordering any change in
11placement requested under subd. 1. Not less than 3 days prior to the hearing, the
12court shall provide notice of the hearing, together with a copy of the request for the
13change in placement, to the child, the parent, guardian, and legal custodian of the
14child, the child's court-appointed special advocate, and all parties that are bound by
15the dispositional order. If, and, if the child is an Indian child, the Indian child's
16Indian custodian and tribe. Subject to subd. 2m., if
all parties consent, the court may
17proceed immediately with the hearing.
SB288, s. 87 18Section 87. 48.357 (1) (c) 2m. of the statutes is created to read:
SB288,62,419 48.357 (1) (c) 2m. If the child is an Indian child and if the proposed change in
20placement would change the placement of the child from a placement in the home of
21his or her parent or Indian custodian to a placement outside that home, notice under
22subd. 2. to the Indian child's parent, Indian custodian, and tribe shall be provided
23in the manner specified in s. 48.028 (4) (a). No hearing on the request may be held
24until at least 10 days after receipt of the notice by the Indian child's parent, Indian
25custodian, and tribe or, if the identity or location of the Indian child's parent, Indian

1custodian, or tribe cannot be determined, until at least 10 days after receipt of the
2notice by the U.S. secretary of the interior. On request of the Indian child's parent,
3Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional
4days to enable the requester to prepare for the hearing.
SB288, s. 88 5Section 88. 48.357 (1) (c) 3. of the statutes is amended to read:
SB288,62,176 48.357 (1) (c) 3. If the court changes the child's placement from a placement in
7the child's home to a placement outside the child's home, the change in placement
8order shall contain the findings specified in under sub. (2v) (a) 1., the applicable order
9specified in under sub. (2v) (a) 1m., the applicable statement specified in under sub.
10(2v) (a) 2., and, if in addition the court finds that any of the circumstances specified
11in
under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination
12specified in under sub. (2v) (a) 3. If the court changes the placement of an Indian
13child from a placement in the home of his or her parent or Indian custodian to a
14placement outside that home, the change in placement order shall, in addition,
15contain the findings under sub. (2v) (a) 4. and comply with the order of placement
16preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court
17finds good cause, as described in s. 48.028 (7) (e), for departing from the order.
SB288, s. 89 18Section 89. 48.357 (2m) (a) of the statutes is amended to read:
SB288,63,1019 48.357 (2m) (a) The child, the parent, guardian, or legal custodian, or Indian
20custodian
of the child, the expectant mother, the unborn child by the unborn child's
21guardian ad litem, or any person or agency primarily bound by the dispositional
22order, other than the person or agency responsible for implementing the order, may
23request a change in placement under this paragraph. The request shall contain the
24name and address of the new placement requested and shall state what new
25information is available that affects the advisability of the current placement. If the

1proposed change in placement would change the placement of a child placed in the
2child's home to a placement outside the child's home, the request shall also contain
3specific information showing that continued placement of the child in the home
4would be contrary to the welfare of the child and, unless any of the circumstances
5specified in under s. 48.355 (2d) (b) 1. to 5. applies, specific information showing that
6the agency primarily responsible for implementing the dispositional order has made
7reasonable efforts to prevent the removal of the child from the home, while assuring
8that the child's health and safety are the paramount concerns. The request shall be
9submitted to the court. In addition, the The court may also propose a change in
10placement on its own motion.
SB288, s. 90 11Section 90. 48.357 (2m) (am) of the statutes is created to read:
SB288,63,2312 48.357 (2m) (am) 1. If the proposed change of placement would change the
13placement of an Indian child placed in the home of his or her parent or Indian
14custodian to a placement outside that home, a request under par. (a) shall also
15contain specific information showing that continued custody of the Indian child by
16the parent or Indian custodian is likely to result in serious emotional or physical
17damage to the child under s. 48.028 (4) (d) 1., specific information showing that active
18efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian
19child's family and that those efforts have proved unsuccessful, a statement as to
20whether the new placement is in compliance with the order of placement preference
21under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new placement is
22not in compliance with that order, specific information showing good cause, as
23described in s. 48.028 (7) (e), for departing from that order.
SB288,64,524 2. If the proposed change in placement would change the placement of an
25Indian child placed outside the home of his or her parent or Indian custodian to

1another placement outside that home, a request under par. (a) shall also contain a
2statement as to whether the new placement is in compliance with the order of
3placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if
4the new placement is not in compliance with that order, specific information showing
5good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 91 6Section 91. 48.357 (2m) (b) of the statutes is amended to read:
SB288,65,47 48.357 (2m) (b) The court shall hold a hearing on the matter prior to ordering
8any change in placement requested or proposed under par. (a) if the request states
9that new information is available that affects the advisability of the current
10placement, unless. A hearing is not required if the requested or proposed change in
11placement involves any change in placement other than does not involve a change
12in placement of a child placed in the child's home to a placement outside the child's
13home and, written waivers of objection to the proposed change in placement are
14signed by all persons entitled to receive notice under sub. (1) (am) 1. this paragraph,
15other than a court-appointed special advocate, and the court approves. If a hearing
16is scheduled, not less than 3 days before the hearing the court shall notify the child,
17the parent, guardian, and legal custodian of the child, any foster parent, treatment
18foster parent, or other physical custodian described in s. 48.62 (2) of the child, the
19child's court-appointed special advocate, all parties who are bound by the
20dispositional order, and, if the child is an Indian child, the Indian child's Indian
21custodian and tribe. If the child is
the expectant mother of an unborn child under
22s. 48.133, the court shall also notify the unborn child by the unborn child's guardian
23ad litem, or. If the change in placement involves an adult expectant mother of an
24unborn child under s. 48.133, the court
shall notify the adult expectant mother, the
25unborn child by the unborn child's guardian ad litem, and all parties who are bound

1by the dispositional order, at least 3 days prior to the hearing. A copy of the request
2or proposal for the change in placement shall be attached to the notice. If Subject to
3par. (bm), if
all of the parties consent, the court may proceed immediately with the
4hearing.
SB288, s. 92 5Section 92. 48.357 (2m) (b) of the statutes, as affected by 2009 Wisconsin Acts
628
and .... (this act), is repealed and recreated to read:
SB288,66,27 48.357 (2m) (b) The court shall hold a hearing prior to ordering any change in
8placement requested or proposed under par. (a) if the request states that new
9information is available that affects the advisability of the current placement. A
10hearing is not required if the requested or proposed change in placement does not
11involve a change in placement of a child placed in the child's home to a placement
12outside the child's home, written waivers of objection to the proposed change in
13placement are signed by all persons entitled to receive notice under this paragraph,
14other than a court-appointed special advocate, and the court approves. If a hearing
15is scheduled, not less than 3 days before the hearing the court shall notify the child,
16the parent, guardian, and legal custodian of the child, any foster parent or other
17physical custodian described in s. 48.62 (2) of the child, the child's court-appointed
18special advocate, all parties who are bound by the dispositional order, and, if the child
19is an Indian child, the Indian child's Indian custodian and tribe. If the child is the
20expectant mother of an unborn child under s. 48.133, the court shall also notify the
21unborn child by the unborn child's guardian ad litem. If the change in placement
22involves an adult expectant mother of an unborn child under s. 48.133, the court shall
23notify the adult expectant mother, the unborn child by the unborn child's guardian
24ad litem, and all parties who are bound by the dispositional order, at least 3 days prior
25to the hearing. A copy of the request or proposal for the change in placement shall

1be attached to the notice. Subject to par. (bm), if all of the parties consent, the court
2may proceed immediately with the hearing.
SB288, s. 93 3Section 93. 48.357 (2m) (bm) of the statutes is created to read:
SB288,66,154 48.357 (2m) (bm) If the child is an Indian child, and if the proposed change in
5placement would change the placement of the Indian child from a placement in the
6home of his or her parent or Indian custodian to a placement outside that home,
7notice under par. (b) to the Indian child's parent, Indian custodian, and tribe shall
8be provided in the manner specified in s. 48.028 (4) (a). Notwithstanding par. (b), no
9hearing on the request or proposal may be held until at least 10 days after receipt
10of the notice by the Indian child's parent, Indian custodian, and tribe or, if the
11identity or location of the Indian child's parent, Indian custodian, or tribe cannot be
12determined, until at least 10 days after receipt of the notice by the U.S. secretary of
13the interior. On request of the Indian child's parent, Indian custodian, or tribe, the
14court shall grant a continuance of up to 20 additional days to enable the requester
15to prepare for the hearing.
SB288, s. 94 16Section 94. 48.357 (2m) (c) of the statutes is renumbered 48.357 (2m) (c) 1. and
17amended to read:
SB288,67,418 48.357 (2m) (c) 1. If the court changes the child's placement from a placement
19in the child's home to a placement outside the child's home, the change in placement
20order shall contain the findings specified in under sub. (2v) (a) 1., the applicable order
21specified in under sub. (2v) (a) 1m., the applicable statement specified in under sub.
22(2v) (a) 2., and, if in addition the court finds that any of the circumstances specified
23in
under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination
24specified in under sub. (2v) (a) 3. If the court changes the placement of an Indian
25child from a placement in the home of his or her parent or Indian custodian to a

1placement outside that home, the change in placement order shall, in addition,
2contain the findings under sub. (2v) (a) 4. and comply with the order of placement
3preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court
4finds good cause, as described in s. 48.028 (7) (e), for departing from that order.
SB288,67,13 52. If the court changes the child's placement from a placement outside the home
6to another placement outside the home, the change in placement order shall contain
7the applicable order specified in under sub. (2v) (a) 1m. and the applicable statement
8specified in under sub. (2v) (a) 2. If the court changes the placement of an Indian
9child from a placement outside the home of his or her parent or Indian custodian to
10another placement outside that home, the change in placement order shall, in
11addition, comply with the order of placement preference under s. 48.028 (7) (b) or, if
12applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028
13(7) (e), for departing from that order.
SB288, s. 95 14Section 95. 48.357 (2v) (a) 4. of the statutes is created to read:
SB288,68,415 48.357 (2v) (a) 4. If the change in placement order changes an Indian child's
16placement from a placement in the home of his or her parent or Indian custodian to
17a placement outside that home, a finding supported by clear and convincing
18evidence, including the testimony of one or more qualified expert witnesses, that
19continued custody of the Indian child by the parent or Indian custodian is likely to
20result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1.
21and a finding that active efforts under s. 48.028 (4) (d) 2. have been made to prevent
22the breakup of the Indian child's family and that those efforts have proved
23unsuccessful. The findings under this subdivision shall be in addition to the findings
24under subd. 1., except that for the sole purpose of determining whether the cost of
25providing care for an Indian child is eligible for reimbursement under 42 USC 670

1to 679b, the findings under this subdivision and the findings under subd. 1. shall be
2considered to be the same findings. The findings under this subdivision are not
3required if they were made in a previous order in the proceeding unless a change in
4circumstances warrants new findings.
SB288, s. 96 5Section 96. 48.357 (2v) (c) 1. of the statutes is renumbered 48.357 (2v) (c) and
6amended to read:
SB288,68,127 48.357 (2v) (c) If the court finds under par. (a) 3. that any of the circumstances
8specified in under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the court
9shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding
10to determine the permanency plan for the child. If a hearing is held under this
11subdivision, the agency responsible for preparing the permanency plan shall file the
12permanency plan with the court not less than 5 days before the date of the hearing.
SB288, s. 97 13Section 97. 48.357 (2v) (c) 2. of the statutes, as affected by 2009 Wisconsin Act
1428
, is repealed.
SB288, s. 98 15Section 98. 48.357 (2v) (c) 3. of the statutes, as affected by 2009 Wisconsin Act
1628
, is repealed.
SB288, s. 99 17Section 99. 48.363 (1) (a) of the statutes is amended to read:
SB288,69,718 48.363 (1) (a) A child, the child's parent, guardian or, legal custodian, or Indian
19custodian
, an expectant mother, an unborn child by the unborn child's guardian ad
20litem, any person or agency bound by a dispositional order, or the district attorney
21or corporation counsel in the county in which the dispositional order was entered
22may request a revision in the order that does not involve a change in placement,
23including a revision with respect to the amount of child support to be paid by a
24parent, or the. The court may on its own motion also propose such a revision. The
25request or court proposal shall set forth in detail the nature of the proposed revision

1and what new information is available that affects the advisability of the court's
2disposition. The request or court proposal shall be submitted to the court. The court
3shall hold a hearing on the matter prior to any revision of the dispositional order if
4the request or court proposal indicates that new information is available which
5affects the advisability of the court's dispositional order, unless written waivers of
6objections to the revision are signed by all parties entitled to receive notice and the
7court approves.
SB288, s. 100 8Section 100. 48.363 (1) (b) of the statutes is amended to read:
SB288,69,259 48.363 (1) (b) If a hearing is held, at least 3 days before the hearing the court
10shall notify the child, the child's parent, guardian and , legal custodian, and Indian
11custodian,
all parties bound by the dispositional order, the child's foster parent,
12treatment foster parent, or other physical custodian described in s. 48.62 (2), the
13child's court-appointed special advocate, the district attorney or corporation counsel
14in the county in which the dispositional order was entered, and, if the child is an
15Indian child who is placed outside the home of his or her parent or Indian custodian,
16the Indian child's tribe. If the child is
the expectant mother of an unborn child under
17s. 48.133, the court shall also notify the unborn child by the unborn child's guardian
18ad litem; or. If the proceeding involves an adult expectant mother of an unborn child
19under s. 48.133, the court
shall notify the adult expectant mother, the unborn child
20through the unborn child's guardian ad litem, all parties bound by the dispositional
21order, and the district attorney or corporation counsel in the county in which the
22dispositional order was entered, at least 3 days prior to the hearing. A copy of the
23request or proposal shall be attached to the notice. If all parties consent, the court
24may proceed immediately with the hearing. No revision may extend the effective
25period of the original order.
SB288, s. 101
1Section 101. 48.363 (1) (b) of the statutes, as affected by 2009 Wisconsin Acts
228
and .... (this act), is repealed and recreated to read:
SB288,70,193 48.363 (1) (b) If a hearing is held, at least 3 days before the hearing the court
4shall notify the child, the child's parent, guardian, legal custodian, and Indian
5custodian, all parties bound by the dispositional order, the child's foster parent or
6other physical custodian described in s. 48.62 (2), the child's court-appointed special
7advocate, the district attorney or corporation counsel in the county in which the
8dispositional order was entered, and, if the child is an Indian child who is placed
9outside the home of his or her parent or Indian custodian, the Indian child's tribe.
10If the child is the expectant mother of an unborn child under s. 48.133, the court shall
11also notify the unborn child by the unborn child's guardian ad litem. If the
12proceeding involves an adult expectant mother of an unborn child under s. 48.133,
13the court shall notify the adult expectant mother, the unborn child through the
14unborn child's guardian ad litem, all parties bound by the dispositional order, and
15the district attorney or corporation counsel in the county in which the dispositional
16order was entered, at least 3 days prior to the hearing. A copy of the request or
17proposal shall be attached to the notice. If all parties consent, the court may proceed
18immediately with the hearing. No revision may extend the effective period of the
19original order.
SB288, s. 102 20Section 102. 48.365 (1m) of the statutes is amended to read:
SB288,71,321 48.365 (1m) The parent, child, guardian, legal custodian, Indian custodian,
22expectant mother, unborn child by the unborn child's guardian ad litem, any person
23or agency bound by the dispositional order, the district attorney or corporation
24counsel in the county in which the dispositional order was entered , or the court on
25its own motion, may request an extension of an order under s. 48.355 including an

1order under s. 48.355 that was entered before the child was born. The request shall
2be submitted to the court which that entered the order. No An order under s. 48.355
3may be extended except only as provided in this section.
SB288, s. 103 4Section 103. 48.365 (2) of the statutes is amended to read:
SB288,71,195 48.365 (2) No order may be extended without a hearing. The court shall notify
6provide notice of the time and place of the hearing to the child, the child's parent,
7guardian and, legal custodian, and Indian custodian, all the parties present at the
8original hearing, the child's foster parent, treatment foster parent , or other physical
9custodian described in s. 48.62 (2), the child's court-appointed special advocate, the
10district attorney or corporation counsel in the county in which the dispositional order
11was entered and, if the child is an Indian child who is placed outside the home of his
12or her parent or Indian custodian, the Indian child's tribe. If the child is
an expectant
13mother of an unborn child under s. 48.133, the court shall also notify the unborn child
14by the unborn child's guardian ad litem, or. If the extension hearing involves an adult
15expectant mother of an unborn child under s. 48.133, the court
shall notify the adult
16expectant mother, the unborn child through the unborn child's guardian ad litem, all
17the parties present at the original hearing, and the district attorney or corporation
18counsel in the county in which the dispositional order was entered, of the time and
19place of the hearing.
SB288, s. 104 20Section 104. 48.365 (2) of the statutes, as affected by 2009 Wisconsin Acts 28
21and .... (this act), is repealed and recreated to read:
SB288,72,1122 48.365 (2) No order may be extended without a hearing. The court shall
23provide notice of the time and place of the hearing to the child, the child's parent,
24guardian, legal custodian, and Indian custodian, all the parties present at the
25original hearing, the child's foster parent or other physical custodian described in s.

148.62 (2), the child's court-appointed special advocate, the district attorney or
2corporation counsel in the county in which the dispositional order was entered and,
3if the child is an Indian child who is placed outside the home of his or her parent or
4Indian custodian, the Indian child's tribe. If the child is an expectant mother of an
5unborn child under s. 48.133, the court shall also notify the unborn child by the
6unborn child's guardian ad litem. If the extension hearing involves an adult
7expectant mother of an unborn child under s. 48.133, the court shall notify the adult
8expectant mother, the unborn child through the unborn child's guardian ad litem, all
9the parties present at the original hearing, and the district attorney or corporation
10counsel in the county in which the dispositional order was entered, of the time and
11place of the hearing.
SB288, s. 105 12Section 105. 48.365 (2g) (b) 4. of the statutes is created to read:
SB288,72,1613 48.365 (2g) (b) 4. If the child is an Indian child who is placed outside the home
14of his or her parent or Indian custodian, specific information showing that active
15efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian
16child's family and that those efforts have proved unsuccessful.
SB288, s. 106 17Section 106. 48.365 (2m) (a) 1. of the statutes is amended to read:
SB288,73,418 48.365 (2m) (a) 1. Any party may present evidence relevant to the issue of
19extension. If the child is placed outside of his or her home, the person or agency
20primarily responsible for providing services to the child shall present as evidence
21specific information showing that the person or agency has made reasonable efforts
22to achieve the goal of the child's permanency plan, unless return of the child to the
23home is the goal of the permanency plan and any of the circumstances specified in
24under s. 48.355 (2d) (b) 1. to 5. applies. If an Indian child is placed outside the home
25of his or her parent or Indian custodian, the person or agency primarily responsible

1for providing services to the Indian child shall also present as evidence specific
2information showing that active efforts under s. 48.028 (4) (d) 2. have been made to
3prevent the breakup of the Indian child's family and that those efforts have proved
4unsuccessful.
SB288,73,14 51m. The judge shall make findings of fact and conclusions of law based on the
6evidence. The findings of fact shall include a finding as to whether reasonable efforts
7were made by the agency primarily responsible for providing services to the child to
8achieve the goal of the child's permanency plan, unless return of the child to the home
9is the goal of the permanency plan and the judge finds that any of the circumstances
10specified in under s. 48.355 (2d) (b) 1. to 5. applies. If the child is an Indian child who
11is placed outside the home of his or her parent or Indian custodian, the findings of
12fact shall also include a finding that active efforts under s. 48.028 (4) (d) 2. were made
13to prevent the breakup of the Indian child's family and that those efforts have proved
14unsuccessful.
An order shall be issued under s. 48.355.
SB288, s. 107 15Section 107. 48.365 (2m) (a) 3. of the statutes is amended to read:
SB288,73,2416 48.365 (2m) (a) 3. The judge shall make the findings specified in under subd.
171. 1m. relating to reasonable efforts to achieve the goal of the child's permanency plan
18and the findings specified in under subd. 2. on a case-by-case basis based on
19circumstances specific to the child and shall document or reference the specific
20information on which those findings are based in the order issued under s. 48.355.
21An order that merely references subd. 1. 1m. or 2. without documenting or
22referencing that specific information in the order or an amended order that
23retroactively corrects an earlier order that does not comply with this subdivision is
24not sufficient to comply with this subdivision.
SB288, s. 108
1Section 108. 48.365 (2m) (ad) 1. of the statutes is renumbered 48.365 (2m) (ad)
2and amended to read:
SB288,74,83 48.365 (2m) (ad) If the judge finds that any of the circumstances specified in
4under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge shall hold
5a hearing under s. 48.38 (4m) within 30 days after the date of that finding to
6determine the permanency plan for the child. If a hearing is held under this
7subdivision, the agency responsible for preparing the permanency plan shall file the
8permanency plan with the court not less than 5 days before the date of the hearing.
SB288, s. 109 9Section 109. 48.365 (2m) (ad) 2. of the statutes, as affected by 2009 Wisconsin
10Act 28
, is repealed.
SB288, s. 110 11Section 110. 48.365 (2m) (ag) of the statutes is amended to read:
SB288,74,2112 48.365 (2m) (ag) The court shall give a foster parent, treatment foster parent,
13or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
14par. (ad) 2. or sub. (2) an opportunity to be heard at the hearing by permitting the
15foster parent, treatment foster parent, or other physical custodian to make a written
16or oral statement during the hearing, or to submit a written statement prior to the
17hearing, relevant to the issue of extension. A foster parent, treatment foster parent,
18or other physical custodian described in s. 48.62 (2) who receives notice of a hearing
19under par. (ad) 2. or sub. (2) and an opportunity to be heard under this paragraph
20does not become a party to the proceeding on which the hearing is held solely on the
21basis of receiving that notice and having the opportunity to be heard.
SB288, s. 111 22Section 111. 48.365 (2m) (ag) of the statutes, as affected by 2009 Wisconsin
23Acts 28
and .... (this act), is repealed and recreated to read:
SB288,75,724 48.365 (2m) (ag) The court shall give a foster parent or other physical custodian
25described in s. 48.62 (2) who is notified of a hearing under sub. (2) an opportunity to

1be heard at the hearing by permitting the foster parent or other physical custodian
2to make a written or oral statement during the hearing, or to submit a written
3statement prior to the hearing, relevant to the issue of extension. A foster parent or
4other physical custodian who receives notice of a hearing under sub. (2) and an
5opportunity to be heard under this paragraph does not become a party to the
6proceeding on which the hearing is held solely on the basis of receiving that notice
7and having the opportunity to be heard.
SB288, s. 112 8Section 112. 48.38 (4) (i) of the statutes is created to read:
SB288,75,109 48.38 (4) (i) If the child is an Indian child who is placed outside the home of his
10or her parent or Indian custodian, all of the following:
SB288,75,1211 1. The name, address, and telephone number of the Indian child's Indian
12custodian and tribe.
SB288,75,1513 2. A description of the remedial services and rehabilitation programs offered
14under s. 48.028 (4) (d) 2. in an effort to prevent the breakup of the Indian child's
15family.
SB288,75,2016 3. A statement as to whether the Indian child's placement is in compliance with
17the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028
18(7) (c) and, if the placement is not in compliance with that order, a statement as to
19whether there is good cause, as described in s. 48.028 (7) (e), for departing from that
20order.
SB288, s. 113 21Section 113. 48.38 (4m) of the statutes is created to read:
SB288,76,322 48.38 (4m) Permanency plan determination hearing. (a) If in a proceeding
23under s. 48.21, 48.32, 48.355, 48.357, or 48.365 the court finds that any of the
24circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the
25court shall hold a hearing within 30 days after the date of that finding to determine

1the permanency plan for the child. If a hearing is held under this paragraph, the
2agency responsible for preparing the permanency plan shall file the permanency
3plan with the court not less than 5 days before the hearing.
SB288,76,84 (b) At least 10 days before the hearing the court shall notify the child, any
5parent, guardian, and legal custodian of the child, any foster parent, treatment foster
6parent, or other physical custodian described in s. 48.62 (2) of the child and, if the
7child is an Indian child, the Indian child's Indian custodian and tribe of the time,
8place, and purpose of the hearing.
SB288,76,169 (c) The court shall give a foster parent, treatment foster parent, or other
10physical custodian described in s. 48.62 (2) who is notified of a hearing under par. (b)
11a right to be heard at the hearing by permitting the foster parent, treatment foster
12parent, or other physical custodian to make a written or oral statement during the
13hearing, or to submit a written statement prior to the hearing, relevant to the issues
14to be determined at the hearing. The foster parent, treatment foster parent, or other
15physical custodian does not become a party to the proceeding on which the hearing
16is held solely on the basis of receiving that notice and right to be heard.
SB288, s. 114 17Section 114. 48.38 (4m) (b) and (c) of the statutes, as created by 2009
18Wisconsin Act .... (this act), are amended to read:
SB288,76,2319 48.38 (4m) (b) At least 10 days before the hearing the court shall notify the
20child, any parent, guardian, and legal custodian of the child, any foster parent,
21treatment foster parent,
or other physical custodian described in s. 48.62 (2) of the
22child and, if the child is an Indian child, the Indian child's Indian custodian and tribe
23of the time, place, and purpose of the hearing.
SB288,77,624 (c) The court shall give a foster parent, treatment foster parent, or other
25physical custodian described in s. 48.62 (2) who is notified of a hearing under par. (b)

1a right to be heard at the hearing by permitting the foster parent, treatment foster
2parent,
or other physical custodian to make a written or oral statement during the
3hearing, or to submit a written statement prior to the hearing, relevant to the issues
4to be determined at the hearing. The foster parent, treatment foster parent, or other
5physical custodian does not become a party to the proceeding on which the hearing
6is held solely on the basis of receiving that notice and right to be heard.
SB288, s. 115 7Section 115. 48.38 (5) (b) of the statutes is amended to read:
SB288,77,238 48.38 (5) (b) The court or the agency shall notify the parents of the child, the
9child, if he or she is 12 years of age or older, and; the child's parent, guardian, and
10legal custodian;
the child's foster parent, the child's treatment foster parent, the
11operator of the facility in which the child is living, or the relative with whom the child
12is living; and, if the child is an Indian child who is placed outside the home of his or
13her parent or Indian custodian, the Indian child's Indian custodian and tribe
of the
14date, time, and place of the review, of the issues to be determined as part of the review,
15and of the fact that they may have an opportunity to be heard at the review by
16submitting written comments not less than 10 working days before the review or by
17participating at the review. The court or agency shall notify the person representing
18the interests of the public, the child's counsel, the child's guardian ad litem, and the
19child's court-appointed special advocate of the date of the review, of the issues to be
20determined as part of the review, and of the fact that they may submit written
21comments not less than 10 working days before the review. The notices under this
22paragraph shall be provided in writing not less than 30 days before the review and
23copies of the notices shall be filed in the child's case record.
SB288, s. 116 24Section 116. 48.38 (5) (b) of the statutes, as affected by 2009 Wisconsin Acts
2528
and .... (this act), is repealed and recreated to read:
SB288,78,15
148.38 (5) (b) The court or the agency shall notify the child, if he or she is 12 years
2of age or older; the child's parent, guardian, and legal custodian; the child's foster
3parent, the operator of the facility in which the child is living, or the relative with
4whom the child is living; and, if the child is an Indian child who is placed outside the
5home of his or her parent or Indian custodian, the Indian child's Indian custodian and
6tribe of the date, time, and place of the review, of the issues to be determined as part
7of the review, and of the fact that they may have an opportunity to be heard at the
8review by submitting written comments not less than 10 working days before the
9review or by participating at the review. The court or agency shall notify the person
10representing the interests of the public, the child's counsel, the child's guardian ad
11litem, and the child's court-appointed special advocate of the date of the review, of
12the issues to be determined as part of the review, and of the fact that they may submit
13written comments not less than 10 working days before the review. The notices
14under this paragraph shall be provided in writing not less than 30 days before the
15review and copies of the notices shall be filed in the child's case record.
SB288, s. 117 16Section 117. 48.38 (5) (c) 8. of the statutes is created to read:
SB288,78,2417 48.38 (5) (c) 8. If the child is an Indian child who is placed outside the home of
18his or her parent or Indian custodian, whether active efforts under s. 48.028 (4) (d)
192. were made to prevent the breakup of the Indian child's family, whether those
20efforts have proved unsuccessful, whether the Indian child's placement is in
21compliance with the order of placement preference under s. 48.028 (7) (b) or, if
22applicable, s. 48.028 (7) (c), and, if the placement is not in compliance with that order,
23whether there is good cause, as described in s. 48.028 (7) (e), for departing from that
24order.
SB288, s. 118 25Section 118. 48.38 (5) (d) of the statutes is amended to read:
SB288,79,16
148.38 (5) (d) Notwithstanding s. 48.78 (2) (a), the agency that prepared the
2permanency plan shall, at least 5 days before a review by a review panel, provide to
3each person appointed to the review panel, the child's parent, guardian, and legal
4custodian,
the person representing the interests of the public, the child's counsel, the
5child's guardian ad litem and, the child's court-appointed special advocate, and, if
6the child is an Indian child who is placed outside the home of his or her parent or
7Indian custodian, the Indian child's Indian custodian and tribe
a copy of the
8permanency plan and any written comments submitted under par. (b).
9Notwithstanding s. 48.78 (2) (a), a person appointed to a review panel, the person
10representing the interests of the public, the child's counsel, the child's guardian ad
11litem and, the child's court-appointed special advocate, and, if the child is an Indian
12child who is placed outside the home of his or her parent or Indian custodian, the
13Indian child's Indian custodian and tribe
may have access to any other records
14concerning the child for the purpose of participating in the review. A person
15permitted access to a child's records under this paragraph may not disclose any
16information from the records to any other person.
SB288, s. 119 17Section 119. 48.38 (5) (e) of the statutes is amended to read:
SB288,79,2518 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
19the determinations under par. (c) and shall provide a copy to the court that entered
20the order,; the child or the child's counsel or guardian ad litem,; the person
21representing the interests of the public,; the child's parent or, guardian, or legal
22custodian;
the child's court-appointed special advocate and; the child's foster parent,
23the child's treatment foster parent, or the operator of the facility where the child is
24living; and, if the child is an Indian child who is placed outside the home of his or her
25parent or Indian custodian, the Indian child's Indian custodian and tribe
.
SB288, s. 120
1Section 120. 48.38 (5) (e) of the statutes, as affected by 2009 Wisconsin Acts
228
and .... (this act), is repealed and recreated to read:
SB288,80,103 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
4the determinations under par. (c) and shall provide a copy to the court that entered
5the order; the child or the child's counsel or guardian ad litem; the person
6representing the interests of the public; the child's parent, guardian, or legal
7custodian; the child's court-appointed special advocate; the child's foster parent or
8the operator of the facility where the child is living; and, if the child is an Indian child
9who is placed outside the home of his or her parent or Indian custodian, the Indian
10child's Indian custodian and tribe.
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