AB21,4687
5Section
4687. 938.366 (3) (d) of the statutes is created to read:
AB21,1718,116
938.366
(3) (d) If the agency that enters into a voluntary agreement under this
7subsection is the department or a county department, the voluntary agreement shall
8also specifically state that the department or the county department has placement
9and care responsibility for the person who is the subject of the agreement as required
10under
42 USC 672 (a) (2) and has primary responsibility for providing services to the
11person.
AB21,4688
12Section
4688. 938.366 (3g) of the statutes is created to read:
AB21,1718,1613
938.366
(3g) Appeal procedures. Any person who is aggrieved by the failure
14of an agency to enter into a transition-to-independent-living agreement under sub.
15(3) or by an agency's termination of such an agreement has the right to a contested
16case hearing under ch. 227.
AB21,4689
17Section
4689. 938.366 (4) (a) of the statutes is amended to read:
AB21,1718,2118
938.366
(4) (a) Rules permitting a foster home, group home, or residential care
19center for children and youth to provide care for persons who agree to continue in
20out-of-home care under an extension of an order described in sub. (1)
(a) or a
21voluntary agreement under sub. (3).
AB21,4690
22Section
4690. 938.38 (1) (ap) of the statutes is created to read:
AB21,1718,2423
938.38
(1) (ap) "Juvenile" includes a person 17 years of age or over for whom
24a permanency plan is required under sub. (2).
AB21,4691
25Section
4691. 938.38 (2) (d) of the statutes is amended to read:
AB21,1719,3
1938.38
(2) (d) The juvenile was placed under a voluntary agreement between
2the agency and the juvenile's parent under s. 48.63 (1) (a) or (5) (b)
or under a
3voluntary transition-to-independent-living agreement under s. 938.366 (3).
AB21,4692
4Section
4692. 938.38 (4) (fg) 5. of the statutes is amended to read:
AB21,1719,85
938.38
(4) (fg) 5. As provided in par. (fm),
placement in some other planned
6permanent living arrangement that includes an appropriate, enduring relationship
7with an adult, including sustaining care
or long-term foster care, but not including
8independent living, or the goal of transitioning the juvenile to independence.
AB21,4693
9Section
4693. 938.38 (4) (fg) 6. of the statutes is repealed.
AB21,4694
10Section
4694. 938.38 (4) (fm) of the statutes is amended to read:
AB21,1719,2211
938.38
(4) (fm) If the agency determines that there is a compelling reason why
12it currently would not be in the best interests of the juvenile to return the juvenile
13to his or her home or to place the juvenile for adoption, with a guardian, or with a fit
14and willing relative as the permanency goal for the juvenile, the permanency goal
15of placing the juvenile in some other planned permanent living arrangement
or of
16transitioning the juvenile to independence as described in par. (fg) 5. If the agency
17makes that determination, the plan shall include the efforts made to achieve that
18permanency goal, including, if appropriate, through an out-of-state placement, a
19statement of that compelling reason, and, notwithstanding that compelling reason,
20a concurrent plan under s. 938.355 (2b) towards achieving a goal under par. (fg) 1.
21to 4. as a concurrent permanency goal in addition to the permanency goal under par.
22(fg) 5.
AB21,4695
23Section
4695. 938.38 (5) (a) of the statutes is amended to read:
AB21,1720,1024
938.38
(5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel
25appointed under par. (ag) shall review the permanency plan
for each juvenile for
1whom a permanency plan is required under sub. (2) in the manner provided in this
2subsection not later than 6 months after the date on which the juvenile was first
3removed from his or her home and every 6 months after a previous review under this
4subsection for as long as the juvenile is placed outside the home, except that for the
5review that is required to be conducted not later than 12 months after the juvenile
6was first removed from his or her home and the reviews that are required to be
7conducted every 12 months after that review, the court shall hold a hearing under
8sub. (5m) to review the permanency plan. The hearing may be instead of or in
9addition to the review under this subsection. The 6-month and 12-month periods
10referred to in this paragraph include trial reunifications under s. 938.358.
AB21,4696
11Section
4696. 938.38 (5) (c) 6. d. of the statutes is amended to read:
AB21,1720,1512
938.38
(5) (c) 6. d. Being placed in some other planned permanent living
13arrangement that includes an appropriate, enduring relationship with an adult,
14including sustaining care
or long-term foster care, but not including independent
15living, or transitioning to independence.
AB21,4697
16Section
4697. 938.38 (5) (c) 9. of the statutes is amended to read:
AB21,1720,2417
938.38
(5) (c) 9. If the juvenile is the subject of an order that terminates as
18provided in s. 938.355 (4) (am) 4., 938.357 (6) (a) 4., or 938.365 (5) (b) 4.
or of a
19voluntary transition-to-independent-living agreement under s. 938.366 (3), the
20appropriateness of the transition-to-independent-living plan developed under s.
21938.385; the extent of compliance with that plan by the juvenile, the juvenile's
22guardian, if any, the agency primarily responsible for providing services under that
23plan, and any other service providers; and the progress of the juvenile toward
24making the transition to independent living.
AB21,4698
25Section
4698. 938.38 (5m) (a) of the statutes is amended to read:
AB21,1721,7
1938.38
(5m) (a) The court shall hold a hearing to review the permanency plan
2and to make the determinations specified in sub. (5) (c)
for each juvenile for whom
3a permanency plan is required under sub. (2) no later than 12 months after the date
4on which the juvenile was first removed from the home and every 12 months after
5a previous hearing under this subsection for as long as the juvenile is placed outside
6the home. The 12-month periods referred to in this paragraph include trial
7reunifications under s. 938.358.
AB21,4699
8Section
4699. 938.385 of the statutes is amended to read:
AB21,1721,25
9938.385 Plan for transition to independent living. During the 90 days
10immediately before a juvenile who is placed in a foster home, group home, or
11residential care center for children and youth, in the home of a relative other than
12a parent, or in a supervised independent living arrangement attains 18 years of age
13or, if the juvenile is placed in such a placement under an order under s. 938.355,
14938.357, or 938.365 that terminates under s. 938.355 (4) (am) after the juvenile
15attains 18 years of age
or under a voluntary transition-to-independent-living
16agreement under s. 938.366 (3) that terminates under s. 938.366 (3) (a) after the
17juvenile attains 18 years of age, during the 90 days immediately before the
18termination of the order
or agreement, the agency primarily responsible for
19providing services to the juvenile under the order
or agreement shall provide the
20juvenile with assistance and support in developing a plan for making the transition
21from out-of-home care to independent living. The transition plan shall be
22personalized at the direction of the juvenile, shall be as detailed as the juvenile
23directs, and shall include specific options for obtaining housing, health care,
24education, mentoring and continuing support services, and workforce support and
25employment services.
AB21,4700
1Section
4700. 938.48 (1) of the statutes is amended to read:
AB21,1722,82
938.48
(1) Enforcement of laws. Promote the enforcement of the laws relating
3to delinquent juveniles
and juveniles in need of protection or services and take the
4initiative in all matters involving the interests of those juveniles when adequate
5provision for those matters is not made. This duty shall be discharged in cooperation
6with the courts,
the department of children and families, county departments,
7licensed child welfare agencies, parents, and other individuals interested in the
8welfare of juveniles.
AB21,4701
9Section
4701. 938.48 (8p) of the statutes is renumbered 48.48 (8r) and
10amended to read:
AB21,1722,1811
48.48
(8r) Indian juvenile placements. Reimburse To reimburse Indian tribes
12and county departments, from the appropriation under s.
20.410 (3) 20.437 (1) (kp),
13for unexpected or unusually high-cost out-of-home care placements of Indian
14juveniles children who have been adjudicated delinquent by tribal courts. In this
15subsection, "unusually high-cost out-of-home care placements" means the amount
16by which the cost to an Indian tribe or to a county department of out-of-home care
17placements of Indian
juveniles children who have been adjudicated delinquent by
18tribal courts exceeds $50,000 in a fiscal year.