2011 WISCONSIN ACT
181
An Act
to renumber and amend
48.355 (2b) and 938.355 (2b);
to amend
48.21 (5) (d), 48.299 (4) (b), 48.315 (2m) (b), 48.32 (1) (b) 1. c., 48.32 (1) (c), 48.33 (4) (c), 48.335 (3g) (c), 48.335 (4), 48.355 (2) (b) 6., 48.355 (2b) (title), 48.355 (2c) (b), 48.355 (2d) (b) (intro.), 48.355 (2d) (c), 48.355 (2e) (b), 48.357 (2v) (c), 48.363 (1) (a), 48.365 (2g) (b) 2., 48.365 (2g) (b) 3., 48.365 (2m) (a) 1., 48.365 (2m) (a) 1m., 48.365 (2m) (a) 3., 48.365 (2m) (ad), 48.365 (7), 48.371 (5), 48.38 (2) (intro.), 48.38 (4) (ar), 48.38 (4) (f) 3., 48.38 (4) (fg) (intro.), 48.38 (4) (fg) 5., 48.38 (4) (fm), 48.38 (4) (i), 48.38 (4m) (title), 48.38 (5) (title), 48.38 (5) (a), 48.38 (5) (am), 48.38 (5) (c) 5., 48.38 (5) (c) 6. (intro.), 48.38 (5) (c) 6. d., 48.38 (5) (c) 7., 48.38 (5) (f), 48.38 (5m) (title), 48.38 (5m) (a), 48.38 (5m) (b), 48.38 (5m) (f), 48.38 (6) (a), 48.417 (1) (a), 48.43 (1) (cm), 48.43 (5m), 48.63 (5) (d) 4., 48.977 (4) (i) (title), 757.69 (1) (g) 14., 938.21 (5) (d), 938.315 (2m) (b), 938.32 (1) (c) 1. c., 938.32 (1) (d), 938.33 (4) (c), 938.335 (3g) (c), 938.335 (4), 938.355 (2) (b) 6., 938.355 (2c) (b), 938.355 (2d) (b) (intro.), 938.355 (2d) (c), 938.355 (2e) (b), 938.357 (2v) (c), 938.363 (1) (a), 938.365 (2g) (b) 2., 938.365 (2g) (b) 3., 938.365 (2m) (a) 1., 938.365 (2m) (a) 1m., 938.365 (2m) (a) 3., 938.365 (2m) (ad), 938.365 (7), 938.371 (5), 938.38 (2) (intro.), 938.38 (4) (ar), 938.38 (4) (f) 3., 938.38 (4) (fg) (intro.), 938.38 (4) (fg) 5., 938.38 (4) (fm), 938.38 (4) (i), 938.38 (4m) (title), 938.38 (5) (title), 938.38 (5) (a), 938.38 (5) (am), 938.38 (5) (c) 5., 938.38 (5) (c) 6. (intro.), 938.38 (5) (c) 6. d., 938.38 (5) (c) 7., 938.38 (5) (f), 938.38 (5m) (title), 938.38 (5m) (a), 938.38 (5m) (b), 938.38 (5m) (f) and 938.38 (6) (a); and
to create
48.355 (2b) (a), 48.358, 48.38 (5) (c) 5m., 938.355 (2b) (a), 938.358 and 938.38 (5) (c) 5m. of the statutes;
relating to:
permanency planning for a child placed in out-of-home care, including concurrent permanency goals, trial reunifications, and planned permanent living arrangements for such a child.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
48.21 (5) (d) of the statutes is amended to read:
48.21
(5)
(d) If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency
plan
goal and, if applicable, any concurrent permanency goals
for the child.
Section
2
.
48.299 (4) (b) of the statutes is amended to read:
48.299
(4)
(b) Except as provided in s. 901.05, neither common law nor statutory rules of evidence are binding at a hearing for a child held in custody under s. 48.21, a hearing for an adult expectant mother held in custody under s. 48.213, a runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing about changes in placement,
trial reunifications,
revision of dispositional orders, extension of dispositional orders
,
or termination of guardianship orders entered under s. 48.977 (4) (h) 2. or (6) or 48.978 (2) (j) 2. or (3) (g). At those hearings, the court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant
,
or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The court shall give effect to the rules of privilege recognized by law. The court shall apply the basic principles of relevancy, materiality
,
and probative value to proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.
Section
3
.
48.315 (2m) (b) of the statutes is amended to read:
48.315
(2m)
(b) The court making an initial finding under s. 48.38 (5m) that the agency primarily responsible for providing services to the child has made reasonable efforts to achieve the
goals
permanency goal
of the child's permanency plan more than 12 months after the date on which the child was removed from the home or making any subsequent findings under s. 48.38 (5m) as to those reasonable efforts more than 12 months after the date of a previous finding as to those reasonable efforts.
Section
4
.
48.32 (1) (b) 1. c. of the statutes is amended to read:
48.32
(1)
(b) 1. c. If a permanency plan has previously been prepared for the child, a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the
permanency
goal of the child's permanency plan
,
including, if appropriate, through an out-of-state placement
,
.
Section
5
.
48.32 (1) (c) of the statutes is amended to read:
48.32
(1)
(c) If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency
plan
goal and, if applicable, any concurrent permanency goals
for the child.
Section
6
.
48.33 (4) (c) of the statutes is amended to read:
48.33
(4)
(c) Specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, specific information showing that the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been prepared for the child, specific information showing that the county department, department, or agency has made reasonable efforts to achieve the
permanency
goal of the child's permanency plan
,
including, if appropriate, through an out-of-state placement
,
.
Section
7
.
48.335 (3g) (c) of the statutes is amended to read:
48.335
(3g)
(c) That, if a permanency plan has previously been prepared for the child, the county department, department, or agency has made reasonable efforts to achieve the
permanency
goal of the child's permanency plan
,
including, if appropriate, through an out-of-state placement
,
.
Section
8
.
48.335 (4) of the statutes is amended to read:
48.335
(4)
At hearings under this section, s. 48.357,
48.358,
48.363
,
or 48.365, on the request of any party, unless good cause to the contrary is shown, the court may admit testimony on the record by telephone or live audiovisual means, if available, under s. 807.13 (2). The request and the showing of good cause may be made by telephone.
Section
9
.
48.355 (2) (b) 6. of the statutes is amended to read:
48.355
(2)
(b) 6. If the child is placed outside the home, a finding that continued placement of the child in his or her home would be contrary to the welfare of the child, a finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been prepared for the child, a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the
permanency
goal of the child's permanency plan
,
including, if appropriate, through an out-of-state placement. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the court order
,
. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.
Section
10
.
48.355 (2b) (title) of the statutes is amended to read:
48.355
(2b)
(title)
Concurrent
reasonable efforts permitted
planning
.
Section
11
.
48.355 (2b) of the statutes is renumbered 48.355 (2b) (b) and amended to read:
48.355
(2b)
(b) A county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to a child under a court order
may, at the same time as the county department, department, or agency is making the reasonable efforts required under sub. (2) (b) 6. to prevent the removal of the child from the home or to make it possible for the child to return safely to his or her home, work with the department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place the child for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement, including reasonable efforts to identify an appropriate out-of-state placement
shall determine, in accordance with standards established by the department, whether to engage in concurrent planning. If, according to those standards, concurrent planning is required, the county department, department, or agency shall engage in concurrent planning unless the court or permanency review panel determines under s. 48.38 (5) (c) 5m. that concurrent planning is inappropriate
.
Section
12
.
48.355 (2b) (a) of the statutes is created to read:
48.355
(2b)
(a) In this subsection, "concurrent planning" means appropriate efforts to work simultaneously towards achieving more than one of the permanency goals listed in s. 48.38 (4) (fg) 1. to 5. for a child who is placed in out-of-home care and for whom a permanency plan is required under s. 48.38 (2).
Section
13
.
48.355 (2c) (b) of the statutes is amended to read:
48.355
(2c)
(b) When a court makes a finding under sub. (2) (b) 6. as to whether the county department, department, in a county having a population of 500,000 or more, or agency primarily responsible for providing services to the child under a court order has made reasonable efforts to achieve the
permanency
goal of the permanency plan, the court's consideration of reasonable efforts shall include the considerations listed under par. (a) 1. to 5. and whether visitation schedules between the child and his or her parents were implemented, unless visitation was denied or limited by the court.
Section
14
.
48.355 (2d) (b) (intro.) of the statutes is amended to read:
48.355
(2d)
(b) (intro.) Notwithstanding sub. (2) (b) 6., the court is not required to include in a dispositional order a finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a child to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, or a finding as to whether the county department, department, or agency has made reasonable efforts with respect to a parent of a child to achieve the permanency
plan
goal of returning the child safely to his or her home, if the court finds any of the following:
Section
15
.
48.355 (2d) (c) of the statutes is amended to read:
48.355
(2d)
(c) If the court finds that any of the circumstances specified in par. (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency
plan
goal and, if applicable, any concurrent permanency goals
for the child.
Section
16
.
48.355 (2e) (b) of the statutes is amended to read:
48.355
(2e)
(b) Each time a child's placement is changed under s. 48.357
, a trial reunification is ordered under s. 48.358,
or a dispositional order is revised under s. 48.363 or extended under s. 48.365, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order.
Section
17
.
48.357 (2v) (c) of the statutes is amended to read:
48.357
(2v)
(c) If the court finds under par. (a) 3. that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency
plan
goal and, if applicable, any concurrent permanency goals
for the child.
Section
18
.
48.358 of the statutes is created to read:
48.358 Trial reunification. (1)
Definition.
In this section:
(a) "Trial reunification" means a period of 7 consecutive days or longer, but not exceeding 150 days, during which a child who is placed in an out-of-home placement under s. 48.355 or 48.357 resides in the home of a relative of the child from which the child was removed or in the home of either of the child's parents for the purpose of determining the appropriateness of changing the placement of the child to that home.
(b) "Trial reunification home" means the home in which in which a child resides during a trial reunification.
(2)
Trial reunification; procedure.
(a)
Request or proposal.
No trial reunification may occur without a court order. Only the person or agency primarily responsible for implementing the dispositional order may request the court to order a trial reunification. The request shall contain the name and address of the requested trial reunification home, a statement describing why the trial reunification is in the best interests of the child, and a statement describing how the trial reunification satisfies the objectives of the child's permanency plan. A request for a trial reunification may not be made on the sole grounds that an emergency condition necessitates an immediate removal of the child from his or her out-of-home placement. If an emergency condition necessitates such an immediate removal, the person or agency primarily responsible for implementing the dispositional order shall proceed as provided in s. 48.357 (2).
(b)
Notice; information required.
The person or agency requesting the trial reunification shall submit the request to the court and shall cause written notice of the requested trial reunification to be sent to the child, the 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 child's court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is an Indian child who has been removed from the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe. The notice shall contain the information that is required to be included in the request under par. (a).
(c)
Hearing; when required.
Any person who is entitled to receive notice of a requested trial reunification under par. (b), other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after the request was filed with the court. If an objection is filed, a hearing shall be held within 30 days after the request was filed with the court. Not less than 3 days before the hearing the person or agency requesting the trial reunification or the court shall provide notice of the hearing to all persons who are entitled to receive notice under par. (b). A copy of the request for the trial reunification shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.
(d)
Order.
If the court finds that the trial reunification is in the best interests of the child and that the trial reunification satisfies the objectives of the child's permanency plan, the court shall order the trial reunification. A trial reunification shall terminate 90 days after the date of the order, unless the court specifies a shorter period in the order, extends the trial reunification under sub. (3), or revokes the trial reunification under sub. (4) (c) or (6) (b). No trial reunification order may extend the expiration date of the original dispositional order under s. 48.355 or any extension order under s. 48.365. A trial reunification under this section is not a change in placement under s. 48.357. Unless revoked under sub. (4) (c) or (6) (b), at the end of a trial reunification, the person or agency primarily responsible for implementing the dispositional order shall do one of the following:
1. Return the child to his or her previous out-of-home placement. The person or agency may do so without further order of the court, but within 5 days after the return the person or agency shall provide notice of the date of the return and the address of that placement to all persons who are entitled to receive notice under par. (b).
2. Request a change in placement under s. 48.357 to place the child in a new out-of-home placement.
3. Request a change in placement under s. 48.357 to place the child in the trial reunification home.
(3)
Extension of trial reunification.
(a)
Extension request.
The person or agency primarily responsible for implementing the dispositional order may request an extension of a trial reunification. The request shall contain a statement describing how the trial reunification continues to be in the best interests of the child. No later than 10 days prior to the expiration of the trial reunification, the person or agency that requests the extension shall submit the request to the court that ordered the trial reunification and shall cause notice of the request to be provided to all persons who are entitled to receive notice under sub. (2) (b).
(b)
Extension hearing; when required.
Any person who is entitled to receive notice of the extension request under par. (a), other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after the request was filed with the court. If an objection is filed, the court shall schedule a hearing on the matter. If the court is unable to conduct a hearing on the matter before the trial reunification expires, the court may extend the trial reunification for not more than 30 days without a hearing. If a hearing is scheduled, not less than 3 days before the hearing the person or agency requesting the extension or the court shall provide notice of the hearing to all persons who are entitled to receive notice of the extension request under par. (a). A copy of the request for the extension shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.
(c)
Extension order.
If the court finds that the trial reunification continues to be in the best interests of the child, the court shall grant an order extending the trial reunification for a period specified by the court. Any number of extensions may be granted, but the total period for a trial reunification may not exceed 150 days.
(4)
Revocation of trial reunification.
(a)
Revocation request; information required.
1. If the person or agency primarily responsible for implementing the dispositional order determines based on current circumstances that a trial reunification is no longer in the best interests of the child, that person or agency may, without prior court order, remove the child from the trial reunification home and place the child in the child's previous out-of-home placement as provided in subd. 2. or place the child in a new out-of-home placement as provided in subd. 3.
2. If the person or agency primarily responsible for implementing the dispositional order places the child in the child's previous out-of-home placement, within 3 days after removing the child from the trial reunification home, that person or agency shall submit a request for revocation of the trial reunification to the court that ordered the trial reunification and shall cause notice of the request to be provided to all persons who are entitled to receive notice of the trial reunification under sub. (2) (b). The request shall contain the date on which the child was removed from the trial reunification home, the address of the child's current placement, and the reasons for the proposed revocation. Paragraphs (b) and (c) apply to a request for revocation submitted under this subdivision.
3. If the person or agency primarily responsible for implementing the dispositional order places the child in a new out-of-home placement, within 3 days after removing the child from the trial reunification home, that person or agency shall request a change in placement under s. 48.357 (1) (am). The procedures specified in s. 48.357 relating to a change in placement under s. 48.357 (1) (am) apply to a change in placement requested under this subdivision, except that the request shall include the date on which the child was removed from the trial reunification home in addition to the information required under s. 48.357 (1) (am) 1., and the trial reunification is revoked when the change in placement order is granted.
(b)
Revocation hearing; when required.
Any person who is entitled to receive notice of a revocation request under par. (a) 2., other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after the request is filed with the court. If a hearing is scheduled, not less than 3 days prior to the hearing the court shall provide notice of the hearing, together with a copy of the request for the revocation, to all persons who are entitled to receive notice under par. (a) 2. If all parties consent, the court may proceed immediately with the hearing.
(c)
Revocation order.
If the court finds that the trial reunification is no longer in the best interests of a child who has been placed in his or her previous out-of-home placement under par. (a) 1., the court shall grant an order revoking the trial reunification.
(5)
Removal from foster home or other physical custodian.
If a hearing is held under sub. (2) (c) and the trial reunification would remove a child from a foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent or other physical custodian a right to be heard at the hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the child and the requested trial reunification. A foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (2) (c) and a right to be heard under this subsection 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.
(6)
Prohibited trial reunifications based on homicide of parent.
(a)
Prohibition
. Except as provided in par. (c), the court may not order a trial reunification in the home of a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, if the conviction has not been reversed, set aside, or vacated.
(b)
Revocation
. Except as provided in par. (c), if a parent in whose home a child is placed for a trial reunification is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside, or vacated, the court shall revoke the trial reunification and the child shall be returned to his or her previous out-of-home placement or, pursuant to s. 48.357, placed in a new out-of-home placement.
(c)
Exception
. Paragraphs (a) and (b) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.
Section
19
.
48.363 (1) (a) of the statutes is amended to read:
48.363
(1)
(a) A child, the child's parent, guardian, legal custodian, or Indian custodian, an expectant mother, an unborn child by the unborn child's guardian ad litem, any person or agency bound by a dispositional order, or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement
or a trial reunification
, including a revision with respect to the amount of child support to be paid by a parent. The court may also propose a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter prior to any revision of the dispositional order if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves.
Section
20
.
48.365 (2g) (b) 2. of the statutes is amended to read:
48.365
(2g)
(b) 2. An evaluation of the child's adjustment to the placement and of any progress the child has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the
permanency
goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the child's placement.
Section
21
.
48.365 (2g) (b) 3. of the statutes is amended to read:
48.365
(2g)
(b) 3. If the child has been placed outside of his or her home 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
the first 6 months of any period during which the child was returned to his or her
was residing in a trial reunification
home
for a trial home visit
, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the child. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the child, and whether or not the child should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the child be registered with the adoption information exchange or report the reason why registering the child is contrary to the best interest of the child.
Section
22
.
48.365 (2m) (a) 1. of the statutes is amended to read:
48.365
(2m)
(a) 1. Any party may present evidence relevant to the issue of extension. If the child is placed outside of his or her home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the
permanency
goal of the child's permanency plan
,
including, if appropriate, through an out-of-state placement
, under
. If an Indian child is placed outside the home of his or her parent or Indian custodian, the person or agency primarily responsible for providing services to the Indian child shall also present as evidence specific information showing that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful.
Section
23
.
48.365 (2m) (a) 1m. of the statutes is amended to read:
48.365
(2m)
(a) 1m. The judge shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the child to achieve the
permanency
goal of the child's permanency plan
,
including, if appropriate, through an out-of-state placement
, under
. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the findings of fact shall also include a finding that active efforts under s. 48.028 (4) (d) 2. were made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful. An order shall be issued under s. 48.355.
Section
24
.
48.365 (2m) (a) 3. of the statutes is amended to read:
48.365
(2m)
(a) 3. The judge shall make the findings under subd. 1m. relating to reasonable efforts to achieve the
permanency
goal of the child's permanency plan and the findings under subd. 2. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the order issued under s. 48.355. An order that merely references subd. 1m. or 2. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.
Section
25
.
48.365 (2m) (ad) of the statutes is amended to read:
48.365
(2m)
(ad) If the judge finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge shall hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency
plan
goal and, if applicable any concurrent permanency goals
for the child.
Section
26
.
48.365 (7) of the statutes is amended to read:
48.365
(7)
Nothing in this section may be construed to allow any changes in placement
or trial reunifications
. Changes in placement may take place only under s. 48.357
, and trial reunifications may take place only under s. 48.358
.
Section
27
.
48.371 (5) of the statutes is amended to read:
48.371
(5)
Except as permitted under s. 252.15 (6), a foster parent, relative, or operator of a group home or residential care center for children and youth that receives any information under sub. (1) or (3), other than the information described in sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the child or participating in a court hearing or permanency
plan
review concerning the child.
Section
28
.
48.38 (2) (intro.) of the statutes is amended to read:
48.38
(2)
Permanency plan required.
(intro.) 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, or shelter care facility, 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
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:
Section
29
.
48.38 (4) (ar) of the statutes is amended to read:
48.38
(4)
(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
plan
goal of returning the child safely to his or her home if any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies to that parent.
Section
30
.
48.38 (4) (f) 3. of the statutes is amended to read:
48.38
(4)
(f) 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
an alternative permanent placement
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
.
Section
31
.
48.38 (4) (fg) (intro.) of the statutes is amended to read:
48.38
(4)
(fg) (intro.) The goal of the permanency plan or, if the agency is
making concurrent reasonable efforts under
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
any goal other than return of the child to his or her home
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
. If a goal of the permanency plan is an alternative permanent placement under subd. 5., the permanency plan shall document a compelling reason why it would not be in the best interest of the child to pursue a goal specified in subds. 1. to 4.
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:
Section
32
.
48.38 (4) (fg) 5. of the statutes is amended to read:
48.38
(4)
(fg) 5.
Some
As provided in par. (fm), some
other
alternative
planned
permanent
placement
living arrangement that includes an appropriate, enduring relationship with an adult
, including sustaining care
, independent living,
or long-term foster care
, but not including independent living
.
Section
33
.
48.38 (4) (fm) of the statutes is amended to read:
48.38
(4)
(fm) If the
goal of the permanency plan is to
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
, or
as the permanency goal for the child, the permanency goal of placing the child
in some other
alternative
planned
permanent
placement,
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.
Section
34
.
48.38 (4) (i) of the statutes is amended to read:
48.38
(4)
(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
plan determination
hearing under sub. (4m) (c) or
at the
permanency plan hearing under sub.
(5m) (c) 2. or s. 48.43 (5) (b) 2. or for the court or panel to consult with the child at the permanency
plan
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.
Section
35
.
48.38 (4m) (title) of the statutes is amended to read:
48.38
(4m)
(title)
Reasonable efforts not required;
Permanency
permanency
plan
determination hearing.
Section
36
.
48.38 (5) (title) of the statutes is amended to read:
48.38
(5)
(title)
Plan
Permanency
review.
Section
37
.
48.38 (5) (a) of the statutes is amended to read:
48.38
(5)
(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.
Section
38
.
48.38 (5) (am) of the statutes is amended to read:
48.38
(5)
(am) The court may appoint an independent agency to designate a panel to conduct a permanency
plan
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.
Section
39
.
48.38 (5) (c) 5. of the statutes is amended to read:
48.38
(5)
(c) 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
alternative
planned
permanent
placement
living arrangement that includes an appropriate, enduring relationship with an adult
.
Section
40
.
48.38 (5) (c) 5m. of the statutes is created to read:
48.38 (5) (c) 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.
Section
41
.
48.38 (5) (c) 6. (intro.) of the statutes is amended to read:
48.38
(5)
(c) 6. (intro.) 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
the first 6 months of any period during which the child was returned to his or her
was residing in a trial reunification
home
for a trial home visit
, the appropriateness of the permanency plan and the circumstances which prevent the child from any of the following:
Section
42
.
48.38 (5) (c) 6. d. of the statutes is amended to read:
48.38
(5)
(c) 6. d. Being placed in some other
alternative
planned
permanent
placement
living arrangement that includes an appropriate, enduring relationship with an adult
, including sustaining care
, independent living,
or long-term foster care
, but not including independent living
.
Section
43
.
48.38 (5) (c) 7. of the statutes is amended to read:
48.38
(5)
(c) 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
,
.
Section
44
.
48.38 (5) (f) of the statutes is amended to read:
48.38
(5)
(f) If the summary prepared under par. (e) indicates that the review panel made recommendations that conflict with the
court
child's dispositional
order or that provide for additional services not specified in the
court
dispositional
order, the agency primarily responsible for providing services to the child shall request a revision of the
court
dispositional
order.
Section
45
.
48.38 (5m) (title) of the statutes is amended to read:
48.38
(5m)
(title)
Permanency
plan
hearing.
Section
46
.
48.38 (5m) (a) of the statutes is amended to read:
48.38
(5m)
(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.
Section
47
.
48.38 (5m) (b) of the statutes is amended to read:
48.38
(5m)
(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
date
, time,
and
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
.
Section
48
.
48.38 (5m) (f) of the statutes is amended to read:
48.38
(5m)
(f) If the findings of fact and conclusions of law under par. (e) conflict with the child's dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under s. 48.363
or
,
order a change in placement under s. 48.357,
or order a trial reunification under s. 48.358,
as appropriate.
Section
49
.
48.38 (6) (a) of the statutes is amended to read:
48.38
(6)
(a) Procedures for conducting permanency
plan
reviews.
Section
50
.
48.417 (1) (a) of the statutes is amended to read:
48.417
(1)
(a) The child has been placed outside of his or her home, as described in s. 48.365 (1) or 938.365 (1), in a foster home, group home, nonsecured 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
the first 6 months of any period during which the child was returned to his or her
was residing in a trial reunification
home
for a trial home visit
. If the circumstances specified in this paragraph apply, the petition shall be filed or joined in by the last day of the 15th month, as described in this paragraph, for which the child was placed outside of his or her home.
Section
51
.
48.43 (1) (cm) of the statutes is amended to read:
48.43
(1)
(cm) If a permanency plan has previously been prepared for the child, a finding as to whether the agency primarily responsible for providing services to the child has made reasonable efforts to achieve the
permanency
goal of the child's permanency plan, including, if appropriate, through an out-of-state placement. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the order. An order that merely references this paragraph without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this paragraph is not sufficient to comply with this paragraph.
Section
52
.
48.43 (5m) of the statutes is amended to read:
48.43
(5m)
Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over,
to the child's guardian,
to the child's foster parent
or
,
the operator of the facility in which the child is living
, or the relative with whom the child is living
, and, if the order under sub. (1) involuntarily terminated parental rights to an Indian child, to the Indian child's tribe.
Section
53
.
48.63 (5) (d) 4. of the statutes is amended to read:
48.63
(5)
(d) 4. Not less than 10 days before the review, the agency that placed the child or that arranged the placement of the child shall provide a copy of the revised permanency plan or plans and the request for review submitted under subd. 3. and notice of the time and place of the review to the child, the parent, guardian, Indian custodian, and legal custodian of the child, and the operator of the group home in which the child is placed, together with notice of the issues to be determined as part of the permanency
plan
review and notice of the fact that those persons shall have a right to be heard at the review by submitting written comments to that agency or the independent reviewing agency before the review or by participating at the review.
Section
54
.
48.977 (4) (i) (title) of the statutes is amended to read:
48.977
(4)
(i) (title)
Effect of disposition on permanency
plan
review process.
Section
55
.
757.69 (1) (g) 14. of the statutes is amended to read:
757.69
(1)
(g) 14. Conduct permanency
plan
reviews under s. 48.38 (5) or 938.38 (5) and permanency
plan
hearings under s. 48.38 (5m) or 938.38 (5m).
Section
56
.
938.21 (5) (d) of the statutes is amended to read:
938.21
(5)
(d) If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency
plan
goal and, if applicable, any concurrent permanency goals
for the juvenile.
Section
57
.
938.315 (2m) (b) of the statutes is amended to read:
938.315
(2m)
(b) The court making an initial finding under s. 938.38 (5m) that the agency primarily responsible for providing services to the juvenile has made reasonable efforts to achieve the
goals
permanency goal
of the juvenile's permanency plan more than 12 months after the date on which the juvenile was removed from the home or making any subsequent findings under s. 938.38 (5m) as to those reasonable efforts more than 12 months after the date of a previous finding as to those reasonable efforts.
Section
58
.
938.32 (1) (c) 1. c. of the statutes is amended to read:
938.32
(1)
(c) 1. c. If a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the
permanency
goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement.
Section
59
.
938.32 (1) (d) of the statutes is amended to read:
938.32
(1)
(d) If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency
plan
goal and, if applicable, any concurrent permanency goals
for the juvenile.
Section
60
.
938.33 (4) (c) of the statutes is amended to read:
938.33
(4)
(c) Specific information showing that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile, specific information showing that the county department or the agency primarily responsible for providing services to the juvenile has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, specific information showing that the county department or agency has made reasonable efforts to achieve the
permanency
goal of the juvenile's permanency plan
,
including, if appropriate, through an out-of-state placement
,
.
Section
61
.
938.335 (3g) (c) of the statutes is amended to read:
938.335
(3g)
(c) That, if a permanency plan has previously been prepared for the juvenile, the county department or agency has made reasonable efforts to achieve the
permanency
goal of the juvenile's permanency plan
,
including, if appropriate, through an out-of-state placement
,
.
Section
62
.
938.335 (4) of the statutes is amended to read:
938.335
(4)
Testimony by telephone or live audiovisual means.
At hearings under this section, s. 938.357,
938.358,
938.363
,
or 938.365, on the request of any party, unless good cause to the contrary is shown, the court may admit testimony on the record by telephone or live audiovisual means, if available, under s. 807.13 (2). The request and the showing of good cause may be made by telephone.
Section
63
.
938.355 (2) (b) 6. of the statutes is amended to read:
938.355
(2)
(b) 6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the
permanency
goal of the juvenile's permanency plan
,
including, if appropriate, through an out-of-state placement
,
. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.
Section
64
.
938.355 (2b) of the statutes is renumbered 938.355 (2b) (b) and amended to read:
938.355
(2b)
(b) A county department or the agency primarily responsible for providing services to a juvenile under a court order
may, at the same time as the county department or agency is making the reasonable efforts required under sub. (2) (b) 6. to prevent the removal of the juvenile from the home or to make it possible for the juvenile to return safely to his or her home, work with the department of children and families, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place the juvenile for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement, including reasonable efforts to identify an appropriate out-of-state placement
shall determine, in accordance with standards established by the department, whether to engage in concurrent planning. If, according to those standards, concurrent planning is required, the county department or agency shall engage in concurrent planning unless the court or permanency review panel determines under s. 938.38 (5) (c) 5m. that concurrent planning is inappropriate
.
Section
65
.
938.355 (2b) (a) of the statutes is created to read:
938.355
(2b)
(a) In this subsection, "concurrent planning" means appropriate efforts to work simultaneously towards achieving more than one of the permanency goals listed in s. 938.38 (4) (fg) 1. to 5. for a juvenile who is placed in out-of-home care and for whom a permanency plan is required under s. 938.38 (2).
Section
66
.
938.355 (2c) (b) of the statutes is amended to read:
938.355
(2c)
(b) When a court makes a finding under sub. (2) (b) 6. as to whether the county department or the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to achieve the
permanency
goal of the permanency plan, the court's consideration of reasonable efforts shall include the considerations under par. (a) and whether visitation schedules between the juvenile and his or her parents were implemented, unless visitation was denied or limited by the court.
Section
67
.
938.355 (2d) (b) (intro.) of the statutes is amended to read:
938.355
(2d)
(b) (intro.) Notwithstanding sub. (2) (b) 6., the court is not required to include in a dispositional order a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a juvenile to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, or, if applicable, a finding as to whether the county department or agency has made reasonable efforts with respect to a parent of a juvenile to achieve the permanency
plan
goal of returning the juvenile safely to his or her home, if the court finds any of the following:
Section
68
.
938.355 (2d) (c) of the statutes is amended to read:
938.355
(2d)
(c) If the court finds that any of the circumstances under par. (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency
plan
goal and, if applicable, any concurrent permanency goals
for the juvenile.
Section
69
.
938.355 (2e) (b) of the statutes is amended to read:
938.355
(2e)
(b) Each time a juvenile's placement is changed under s. 938.357
, a trial reunification is ordered under s. 938.358,
or a dispositional order is revised under s. 938.363 or extended under s. 938.365, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed shall be made a part of the court order.
Section
70
.
938.357 (2v) (c) of the statutes is amended to read:
938.357
(2v)
(c)
Permanency
plan
hearing.
If the court finds under par. (a) 3. that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency
plan
goal and, if applicable, any concurrent permanency goals
for the juvenile.
Section
71
.
938.358 of the statutes is created to read:
938.358 Trial reunification. (1)
Definition.
In this section:
(a) "Trial reunification" means a period of 7 consecutive days or longer, but not exceeding 150 days, during which a juvenile who is placed in an out-of-home placement under s. 938.355 or 938.357 resides in the home of a relative of the juvenile from which the juvenile was removed or in the home of either of the juvenile's parents for the purpose of determining the appropriateness of changing the placement of the juvenile to that home.
(b) "Trial reunification home" means the home in which a juvenile resides during a trial reunification.
(2)
Trial reunification; procedure.
(a)
Request or proposal.
No trial reunification may occur without a court order. Only the person or agency primarily responsible for implementing the dispositional order may request the court to order a trial reunification. The request shall contain the name and address of the requested trial reunification home, a statement describing why the trial reunification is in the best interests of the juvenile, and a statement describing how the trial reunification satisfies the objectives of the juvenile's permanency plan. A request for a trial reunification may not be made on the sole grounds that an emergency condition necessitates an immediate removal of the juvenile from his or her out-of-home placement. If an emergency condition necessitates such an immediate removal, the person or agency primarily responsible for implementing the dispositional order shall proceed as provided in s. 938.357 (2).
(b)
Notice; information required.
The person or agency requesting the trial reunification shall submit the request to the court and shall cause written notice of the requested trial reunification to be sent to the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster parent or other physical custodian described in s. 48.62 (2) of the juvenile, all parties who are bound by the dispositional order, and, if the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe. The notice shall contain the information that is required to be included in the request under par. (a).
(c)
Hearing; when required.
Any person receiving notice of a requested trial reunification under par. (b) may obtain a hearing on the matter by filing an objection with the court within 10 days after the request was filed with the court. If an objection is filed, a hearing shall be held within 30 days after the request was filed with the court. Not less than 3 days before the hearing the person or agency requesting the trial reunification or the court shall provide notice of the hearing to all persons who are entitled to receive notice under par. (b). A copy of the request for the trial reunification shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.
(d)
Order.
If the court finds that the trial reunification is in the best interests of the juvenile and that the trial reunification satisfies the objectives of the juvenile's permanency plan, the court shall order the trial reunification. A trial reunification shall terminate 90 days after the date of the order, unless the court specifies a shorter period in the order, extends the trial reunification under sub. (3), or revokes the trial reunification under sub. (4) (c) or (6) (b). No trial reunification order may extend the expiration date of the original dispositional order under s. 938.355 or any extension order under s. 938.365. A trial reunification under this section is not a change in placement under s. 938.357. Unless revoked under sub. (4) (c) or (6) (b), at the end of a trial reunification, the person or agency primarily responsible for implementing the dispositional order shall do one of the following:
1. Return the juvenile to his or her previous out-of-home placement. The person or agency may do so without further order of the court, but within 5 days after the return the person or agency shall provide notice of the date of the return and the address of that placement to all persons who are entitled to receive notice under par. (b).
2. Request a change in placement under s. 938.357 to place the juvenile in a new out-of-home placement.
3. Request a change in placement under s. 938.357 to place the juvenile in the trial reunification home.
(3)
Extension of trial reunification.
(a)
Extension request.
The person or agency primarily responsible for implementing the dispositional order may request an extension of a trial reunification. The request shall contain a statement describing how the trial reunification continues to be in the best interests of the juvenile. No later than 10 days prior to the expiration of the trial reunification, the person or agency that requests the extension shall submit the request to the court that ordered the trial reunification and shall cause notice of the request to be provided to all persons who are entitled to receive notice under sub. (2) (b).
(b)
Extension hearing; when required.
Any person who is entitled to receive notice of the extension request under par. (a) may obtain a hearing on the matter by filing an objection with the court within 10 days after the request was filed with the court. If an objection is filed, the court shall schedule a hearing on the matter. If the court is unable to conduct a hearing on the matter before the trial reunification expires, the court may extend the trial reunification for not more than 30 days without a hearing. If a hearing is scheduled, not less than 3 days before the hearing the person or agency requesting the extension or the court shall provide notice of the hearing to all persons who are entitled to receive notice of the extension request under par. (a). A copy of the request for the extension shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.
(c)
Extension order.
If the court finds that the trial reunification continues to be in the best interests of the juvenile, the court shall grant an order extending the trial reunification for a period specified by the court. Any number of extensions may be granted, but the total period for a trial reunification may not exceed 150 days.
(4)
Revocation of trial reunification.
(a)
Revocation request; information required.
1. If the person or agency primarily responsible for implementing the dispositional order determines based on current circumstances that a trial reunification is no longer in the best interests of the juvenile, that person or agency may, without prior court order, remove the juvenile from the trial reunification home and place the juvenile in the juvenile's previous out-of-home placement as provided in subd. 2. or place the juvenile in a new out-of-home placement as provided in subd. 3.
2. If the person or agency primarily responsible for implementing the dispositional order places the juvenile in the juvenile's previous out-of-home placement, within 3 days after removing the juvenile from the trial reunification home, that person or agency shall submit a request for revocation of the trial reunification to the court that ordered the trial reunification and shall cause notice of the request to be provided to all persons who are entitled to receive notice of the trial reunification under sub. (2) (b). The request shall contain the date on which the juvenile was removed from the trial reunification home, the address of the juvenile's current placement, and the reasons for the proposed revocation. Paragraphs (b) and (c) apply to a request for revocation submitted under this subdivision.
3. If the person or agency primarily responsible for implementing the dispositional order places the juvenile in a new out-of-home placement, within 3 days after removing the juvenile from the trial reunification home, that person or agency shall request a change in placement under s. 938.357 (1) (am). The procedures specified in s. 938.357 relating to a change in placement under s. 938.357 (1) (am) apply to a change in placement requested under this subdivision, except that the request shall include the date on which the juvenile was removed from the trial reunification home in addition to the information required under s. 938.357 (1) (am) 1., and the trial reunification is revoked when the change in placement order is granted.
(b)
Revocation hearing; when required.
Any person who is entitled to receive notice of a revocation request under par. (a) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after the request is filed with the court. If a hearing is scheduled, not less than 3 days prior to the hearing the court shall provide notice of the hearing, together with a copy of the request for the revocation, to all persons who are entitled to receive notice under par. (a) 2. If all parties consent, the court may proceed immediately with the hearing.
(c)
Revocation order.
If the court finds that the trial reunification is no longer in the best interests of a juvenile who has been placed in his or her previous out-of-home placement under par. (a) 1., the court shall grant an order revoking the trial reunification.
(5)
Removal from foster home or other physical custodian.
If a hearing is held under sub. (2) (c) and the trial reunification would remove a juvenile from a foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent or other physical custodian a right to be heard at the hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested trial reunification. A foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (2) (c) and a right to be heard under this subsection 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.
(6)
Prohibited trial reunifications based on homicide of parent.
(a)
Prohibition
. Except as provided in par. (c), the court may not order a trial reunification in the home of a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, if the conviction has not been reversed, set aside, or vacated.
(b)
Revocation
. Except as provided in par. (c), if a parent in whose home a juvenile is placed for a trial reunification is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the juvenile's other parent, and the conviction has not been reversed, set aside, or vacated, the court shall revoke the trial reunification and the juvenile shall be returned to his or her previous out-of-home placement or, pursuant to s. 938.357, placed in a new out-of-home placement.
(c)
Exception
. Paragraphs (a) and (b) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.
Section
72
.
938.363 (1) (a) of the statutes is amended to read:
938.363
(1)
(a) A juvenile, the juvenile's parent, guardian, or legal custodian, any person or agency bound by a dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered or, if the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian may request a revision in the order that does not involve a change in placement
or a trial reunification
, including a revision with respect to the amount of child support to be paid by a parent. The court may also propose a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter prior to any revision of the dispositional order if the request or court proposal indicates that new information is available that affects the advisability of the court's dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves.
Section
73
.
938.365 (2g) (b) 2. of the statutes is amended to read:
938.365
(2g)
(b) 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the
permanency
goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the juvenile's placement.
Section
74
.
938.365 (2g) (b) 3. of the statutes is amended to read:
938.365
(2g)
(b) 3. If the juvenile has been placed outside of his or her home in a foster home, group home, nonsecured 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 juvenile was a runaway from the out-of-home placement or
the first 6 months of any period during which the juvenile was returned to his or her
was residing in a trial reunification
home
for a trial home visit
, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the juvenile. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best
interest of the juvenile and whether or not the juvenile should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the juvenile be registered with the adoption information exchange or report the reason why registering the juvenile is contrary to the best interest of the juvenile.
Section
75
.
938.365 (2m) (a) 1. of the statutes is amended to read:
938.365
(2m)
(a) 1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the
permanency
goal of the juvenile's permanency plan
,
including, if appropriate, through an out-of-state placement
,
. If an Indian juvenile is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the person or agency primarily responsible for providing services to the Indian juvenile shall also present as evidence specific information showing that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful.
Section
76
.
938.365 (2m) (a) 1m. of the statutes is amended to read:
938.365
(2m)
(a) 1m. The court shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the juvenile to achieve the
permanency
goal of the juvenile's permanency plan
,
including, if appropriate, through an out-of-state placement
,
. If the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the findings of fact shall also include a finding that active efforts under s. 938.028 (4) (d) 2. were made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful. An order shall be issued under s. 938.355.
Section
77
.
938.365 (2m) (a) 3. of the statutes is amended to read:
938.365
(2m)
(a) 3. The court shall make the findings under subd. 1m. relating to reasonable efforts to achieve the
permanency
goal of the juvenile's permanency plan and the findings under subd. 2. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the order issued under s. 938.355. An order that merely references subd. 1m. or 2. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.
Section
78
.
938.365 (2m) (ad) of the statutes is amended to read:
938.365
(2m)
(ad) If the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency
plan
goal and, if applicable, any concurrent permanency goals
for the juvenile.
Section
79
.
938.365 (7) of the statutes is amended to read:
938.365
(7)
Changes in placement
and trial reunifications
not permitted.
Nothing in this section may be construed to allow any changes in placement
, trial reunification,
or revocation of aftercare supervision. Revocation and other changes in placement may take place only under s. 938.357
, and trial reunifications may take place only under s. 938.358
.
Section
80
.
938.371 (5) of the statutes is amended to read:
938.371
(5)
Confidentiality of information.
Except as permitted under s. 252.15 (6), a foster parent, treatment foster parent, relative, or operator of a group home, residential care center for children and youth, or juvenile correctional facility that receives any information under sub. (1) or (3), other than the information described in sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the juvenile or participating in a court hearing or permanency
plan
review concerning the juvenile.
Section
81
.
938.38 (2) (intro.) of the statutes is amended to read:
938.38
(2)
Permanency plan required.
(intro.) Except as provided in sub. (3), for each juvenile living in a foster home, group home, residential care center for children and youth, juvenile detention facility, or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each juvenile 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 under pars. (a) to (e) exists:
Section
82
.
938.38 (4) (ar) of the statutes is amended to read:
938.38
(4)
(ar) A description of the services offered and any services provided in an effort to prevent the removal of the juvenile from his or her home, while assuring that the health and safety of the juvenile 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 juvenile to prevent the removal of the juvenile from the home or to achieve the permanency
plan
goal of returning the juvenile safely to his or her home if any of the circumstances under s. 938.355 (2d) (b) 1. to 4. apply to that parent.
Section
83
.
938.38 (4) (f) 3. of the statutes is amended to read:
938.38
(4)
(f) 3. Improve the conditions of the parents' home to facilitate the safe return of the juvenile to his or her home, or, if appropriate, obtain
an alternative permanent placement
for the juvenile
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
.
Section
84
.
938.38 (4) (fg) (intro.) of the statutes is amended to read:
938.38
(4)
(fg) (intro.) The goal of the permanency plan or, if the agency is
making concurrent reasonable efforts under
engaging in concurrent planning, as defined in
s. 938.355 (2b)
(a)
, the
permanency and concurrent permanency
goals of the permanency plan. If a goal of the permanency plan is
any goal other than return of the juvenile to his or her home
to place the juvenile for adoption, with a guardian, or with a fit and willing relative
, the permanency plan shall include the rationale for deciding on that goal
. If a goal of the permanency plan is an alternative permanent placement under subd. 5., the permanency plan shall document a compelling reason why it would not be in the best interest of the juvenile to pursue a goal specified in subds. 1. to 4.
and the efforts made to achieve that goal, including, if appropriate, through an out-of-state placement. If the agency determines under s. 938.355 (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 juvenile's permanency plan:
Section
85
.
938.38 (4) (fg) 5. of the statutes is amended to read:
938.38
(4)
(fg) 5.
Some
As provided in par. (fm), some
other
alternative
planned
permanent
placement
living arrangement that includes an appropriate, enduring relationship with an adult
, including sustaining care
, independent living,
or long-term foster care
, but not including independent living
.
Section
86
.
938.38 (4) (fm) of the statutes is amended to read:
938.38
(4)
(fm) If the
goal of the permanency plan is to
agency determines that there is a compelling reason why it currently would not be in the best interests of the juvenile to return the juvenile to his or her home or to
place the juvenile for adoption, with a guardian,
or
with a fit and willing relative
, or
as the permanency goal for the juvenile, the permanency goal of placing the juvenile
in some other
alternative
planned
permanent
placement,
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. 938.355 (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.
Section
87
.
938.38 (4) (i) of the statutes is amended to read:
938.38
(4)
(i) A statement as to whether the juvenile's age and developmental level are sufficient for the court to consult with the juvenile at the permanency
plan determination
hearing under sub. (4m) (c) or
at the permanency plan hearing under sub.
(5m) (c) 2. or for the court or panel to consult with the juvenile at the permanency
plan
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 to consult with the juvenile, a statement as to why consultation with the juvenile would not be appropriate.
Section
88
.
938.38 (4m) (title) of the statutes is amended to read:
938.38
(4m)
(title)
Reasonable efforts not required;
Permanency
permanency
plan
determination hearing.
Section
89
.
938.38 (5) (title) of the statutes is amended to read:
938.38
(5)
(title)
Plan
Permanency
review.
Section
90
.
938.38 (5) (a) of the statutes is amended to read:
938.38
(5)
(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 juvenile was first removed from his or her home and every 6 months after a previous review under this subsection for as long as the juvenile is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the juvenile 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. The 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. 938.358.
Section
91
.
938.38 (5) (am) of the statutes is amended to read:
938.38
(5)
(am) The court may appoint an independent agency to designate a panel to conduct a permanency
plan
review under par. (a). If the court 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.
Section
92
.
938.38 (5) (c) 5. of the statutes is amended to read:
938.38
(5)
(c) 5. The date by which it is likely that the juvenile 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
alternative
planned
permanent
placement
living arrangement that includes an appropriate, enduring relationship with an adult
.
Section
93
.
938.38 (5) (c) 5m. of the statutes is created to read:
938.38 (5) (c) 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 juvenile. 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 juvenile.
Section
94
.
938.38 (5) (c) 6. (intro.) of the statutes is amended to read:
938.38
(5)
(c) 6. (intro.) If the juvenile has been placed outside of his or her home, as described in s. 938.365 (1), in a foster home, group home, nonsecured 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 juvenile was a runaway from the out-of-home placement or
the first 6 months of any period during which the juvenile was returned to his or her
was residing in a trial reunification
home
for a trial home visit
, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:
Section
95
.
938.38 (5) (c) 6. d. of the statutes is amended to read:
938.38
(5)
(c) 6. d. Being placed in some other
alternative
planned
permanent
placement
living arrangement that includes an appropriate, enduring relationship with an adult
, including sustaining care
, independent living,
or long-term foster care
, but not including independent living
.
Section
96
.
938.38 (5) (c) 7. of the statutes is amended to read:
938.38
(5)
(c) 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
,
.
Section
97
.
938.38 (5) (f) of the statutes is amended to read:
938.38
(5)
(f) If the summary prepared under par. (e) indicates that the review panel made recommendations that conflict with the
court
juvenile's dispositional
order or that provide for additional services not specified in the
court
dispositional
order, the agency primarily responsible for providing services to the juvenile shall request a revision of the
court
dispositional
order.
Section
98
.
938.38 (5m) (title) of the statutes is amended to read:
938.38
(5m)
(title)
Permanency
plan
hearing.
Section
99
.
938.38 (5m) (a) of the statutes is amended to read:
938.38
(5m)
(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 juvenile was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the juvenile is placed outside the home.
The 12-month periods referred to in this paragraph include trial reunifications under s. 938.358.
Section
100
.
938.38 (5m) (b) of the statutes is amended to read:
938.38
(5m)
(b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian;
and
the juvenile's foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile 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 juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the
date,
time,
and
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
.
Section
101
.
938.38 (5m) (f) of the statutes is amended to read:
938.38
(5m)
(f) If the findings of fact and conclusions of law under par. (e) conflict with the juvenile's dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under s. 938.363
or
,
order a change in placement under s. 938.357,
or order a trial reunification under s. 938.358,
as appropriate.
Section
102
.
938.38 (6) (a) of the statutes is amended to read:
938.38
(6)
(a) Procedures for conducting permanency
plan
reviews.
Section
103
.
Initial applicability.
(1)
Permanency planning for children in out-of-home care.
(a)
Permanency plan contents.
Except as provided in paragraph (b) and subsection (2), this act first applies to a permanency plan filed on the effective date of this paragraph.
(b)
Permanency reviews and hearings.
The treatment of sections 48.38 (5) (a) and (c) 5., 5m., and 6. (intro.) and d. and (5m) (a) and (f) and 938.38 (5) (a) and (c) 5., 5m., and 6. (intro.) and d. and (5m) (a) and (f) of the statutes first apply to a hearing or review for which a permanency plan is filed or provided on the effective date of this paragraph.
(2)
Trial reunifications for children in out-of-home care.
(a)
Trial reunifications.
The treatment of sections 48.299 (4) (b), 48.335 (4), 48.358, 938.335 (4), and 938.358 of the statutes first applies to a trial reunification requested on the effective date of this paragraph.
(b)
Revisions of dispositional orders.
The treatment of sections 48.363 (1) (a) and 938.363 (1) (a) of the statutes first applies to a revision of a dispositional order requested or proposed on the effective date of this paragraph.
(c)
Extensions of dispositional orders.
The treatment of sections 48.365 (2g) (b) 3. and (7) and 938.365 (2g) (b) 3. and (7) of the statutes first applies to an extension of a dispositional order requested or proposed on the effective date of this paragraph.
(d)
Terminations of parental rights.
The treatment of section 48.417 (1) (a) of the statutes first applies to a termination of parental rights petition filed or joined in on the effective date of this paragraph.
Section
104
.
Effective date.
(1)
Permanency planning for children in out-of-home care.
This act takes effect on November 1, 2012.
