Under current law, for each child living in an out-of-home placement, the
county department of human services or social services, the licensed child welfare
agency, or the Department of Children and Families (DCF) that placed the child or
arranged the placement of the child or the agency assigned primary responsibility
for providing services to the child (collectively "agency") must prepare a permanency
plan for the child. A permanency plan must describe, among other things, the goal
or goals of the permanency plan, with those goals being either the safe return of the
child to his or her home or placement of the child for adoption, with a guardian, with
a fit and willing relative, or in some other alternative permanent placement, such as
sustaining care, independent living, or long-term foster care.
This substitute amendment makes certain changes relating to permanency
planning for a child placed in out-of-home care, including changes relating to: 1)
concurrent planning; 2) trial reunifications; and 3) planned permanent living
arrangements, for such a child.
Concurrent planning
Under current law, an agency, at the same time as the agency is making
reasonable efforts to prevent the removal of a child from his or her home or to make
it possible for the child to return home, may make reasonable efforts to place the child
for adoption, with a guardian, with a fit and willing relative, or in some other
alternative permanent placement (concurrent reasonable efforts). If an agency is
making concurrent reasonable efforts, the child's permanency plan must include the
goals of the permanency plan.
This substitute amendment permits an agency to engage in concurrent
planning, which the substitute amendment defines as appropriate efforts to work
simultaneously towards achieving more than one permanency goal for a child.
Under the substitute amendment, an agency must determine, in accordance with
standards established by DCF (concurrent planning standards) whether to engage
in concurrent planning. If, according to the concurrent planning standards,
concurrent planning is required, the agency must engage in concurrent planning
unless the court assigned to exercise jurisdiction under the Children's Code and the
Juvenile Justice Code (juvenile court) or a permanency review panel appointed by
the juvenile court determines that concurrent planning is inappropriate. If an
agency determines to engage in concurrent planning for a child, the child's
permanency plan must include the rationale for that determination, a description of
the concurrent plan, and the permanency and concurrent permanency goals of the
permanency plan. In addition, the juvenile court review panel, in reviewing a child's
permanency plan, must determine the continuing appropriateness, according to the
concurrent planning standards, of the permanency goal and, if the juvenile court or
panel considers appropriate, any concurrent permanency goals for the child. If the
juvenile court or panel does not approve of any of those goals, or if the juvenile court
or panel determines that a concurrent permanency goal is appropriate, that court or
panel must determine the permanency goal and, if appropriate, any concurrent
permanency goal for the child.
Trial reunifications
Current law — changes in placement. Under current law, the juvenile
court, on the request of the person or agency primarily responsible for implementing
a dispositional order of the juvenile court, may order a change in placement for a child
placed outside of his or her home under a dispositional order of the juvenile court.
The juvenile court may order the change in placement without a hearing, unless a
party receiving the notice files an objection. Current law also permits the person or
agency primarily responsible for implementing the dispositional order to make an
emergency change in placement if emergency conditions necessitate an immediate
change in placement.
The substitute amendment — trial reunifications. This substitute
amendment provides a similar procedure under which the juvenile court may order
a trial reunification, which the substitute amendment defines as a period of seven
consecutive days or longer, but not exceeding 150 days, during which a child who is
placed in an out-of-home placement resides in the home of the 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. The substitute amendment, however, does not permit an
emergency trial reunification. Under the substitute amendment, if an emergency
condition necessitates an immediate removal of the child from his or her
out-of-home placement, the person or agency primarily responsible for
implementing the dispositional order must make an emergency change in placement
as provided under current law.
Under the substitute amendment, no trial reunification may occur without a
juvenile court order and only the person or agency primarily responsible for
implementing the dispositional order may request the juvenile court to order a trial
reunification. Notice of the proposed trial reunification must 1) be provided to the
child, the parent, guardian, and legal custodian of the child, any foster parent or
other physical custodian of the child, the child's court-appointed special advocate,
all parties who are bound by the dispositional order, and, in the case of an Indian
child, the Indian child's Indian custodian and tribe; and 2) contain 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. The juvenile court may order the trial reunification without a
hearing, unless a party receiving the notice files an objection.
If the juvenile 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 juvenile court must grant an order authorizing the trial
reunification. A trial reunification terminates 90 days after the date of the order,
unless the juvenile court specifies a shorter period in the order, extends the trial
reunification, or revokes the trial reunification. Unless a trial reunification is
revoked, at the end of a trial reunification, the person or agency primarily
responsible for implementing the dispositional order must return the child to his or
her previous out-of-home placement, request a change in placement of the child to
a new out-of-home placement, or request a change-in-placement of the child to the
trial reunification home.
The substitute amendment also permits the person or agency primarily
responsible for implementing the dispositional order to request an extension of a
trial reunification. The request must contain a statement describing how the trial
reunification continues to be in the best interests of the child, and the same notice
and hearing requirements that apply to an original request for a trial reunification
also apply to a request for an extension of a trial reunification. If the juvenile court
finds that the trial reunification continues to be in the best interests of the child, the
juvenile court must grant an order extending the trial reunification for a period
specified by the juvenile court. Any number of extensions may be granted, but the
total period for a trial reunification may not exceed 150 days.
In addition, the substitute amendment permits the person or agency primarily
responsible for implementing the dispositional order to remove the child from the
trial reunification home and place the child in the child's previous out-of-home
placement or in a new out-of-home placement, without prior juvenile court order,
if that person or agency determines, based on current circumstances, that the trial
reunification is no longer in the best interests of the child.
If the person or agency removes the child from the trial reunification home and
places the child in the child's previous out-of-home placement, within three days
after that removal, that person or agency must submit a request for revocation of the
trial reunification to the juvenile court that ordered the trial reunification and must
cause notice of the request to be provided to all persons who are entitled to receive
notice of the original trial reunification, and the same notice and hearing
requirements that apply to an original request for a trial reunification also apply to
a request for a revocation of a trial reunification. If the juvenile court finds that the
trial reunification is no longer in the best interests of the child, the juvenile court
must grant an order revoking the trial reunification.
If the person or agency removes the child from the trial reunification home and
places the child in a new out-of-home placement, within three days after that
removal, that person or agency must request a change in placement as provided
under current law, and the change-in-placement procedures provided under current
law apply. If the juvenile court grants a change-in-placement order, the trial
reunification is revoked.
Other planned permanent living arrangement
Under current law, if a goal of a child's permanency plan is an alternative
permanent placement, the permanency plan must document a compelling reason
why it would not be in the best interests of the child to pursue the safe return of the
child to his or her home or placement of the child for adoption, with a guardian, or
with a fit and willing relative.
This substitute amendment changes the term "alternative permanent
placement" to "other planned permanent living arrangement," requires the
arrangement to include an appropriate enduring, relationship between the child and
an adult, and eliminates independent living as a planned permanent living
arrangement option. The substitute amendment also permits a child's permanency
plan to include the permanency goal of placement of the child in a planned
permanent living arrangement only if the agency determines that there is a
compelling reason why it currently would not be in the best interests of the child to
pursue the safe return of the child to his or her home or placement of the child for
adoption, with a guardian, or with a fit and willing relative as the permanency goal
for the child. If an agency makes that determination, the child's permanency plan
must include a statement of that compelling reason and, notwithstanding that
compelling reason, a concurrent plan towards achieving the concurrent permanency
goal of safely returning the child to his or her home or placing the child for adoption,
with a guardian, or with a fit and willing relative in addition to the permanency goal
of placing the child in some other planned permanent living arrangement.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB599-ASA1,6,22
48.21
(5) (d) If the judge or circuit court commissioner finds that any of the
3circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
4the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m)
1within 30 days after the date of that finding to determine the permanency
plan goal
2and, if applicable, any concurrent permanency goals for the child.
AB599-ASA1,6,184
48.299
(4) (b) Except as provided in s. 901.05, neither common law nor
5statutory rules of evidence are binding at a hearing for a child held in custody under
6s. 48.21, a hearing for an adult expectant mother held in custody under s. 48.213, a
7runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing
8about changes in placement,
trial reunifications, revision of dispositional orders,
9extension of dispositional orders
, or termination of guardianship orders entered
10under s. 48.977 (4) (h) 2. or (6) or 48.978 (2) (j) 2. or (3) (g). At those hearings, the court
11shall admit all testimony having reasonable probative value, but shall exclude
12immaterial, irrelevant
, or unduly repetitious testimony or evidence that is
13inadmissible under s. 901.05. Hearsay evidence may be admitted if it has
14demonstrable circumstantial guarantees of trustworthiness. The court shall give
15effect to the rules of privilege recognized by law. The court shall apply the basic
16principles of relevancy, materiality
, and probative value to proof of all questions of
17fact. Objections to evidentiary offers and offers of proof of evidence not admitted may
18be made and shall be noted in the record.
AB599-ASA1, s. 3
19Section
3. 48.315 (2m) (b) of the statutes is amended to read:
AB599-ASA1,7,220
48.315
(2m) (b) The court making an initial finding under s. 48.38 (5m) that
21the agency primarily responsible for providing services to the child has made
22reasonable efforts to achieve the
goals permanency goal of the child's permanency
23plan more than 12 months after the date on which the child was removed from the
24home or making any subsequent findings under s. 48.38 (5m) as to those reasonable
1efforts more than 12 months after the date of a previous finding as to those
2reasonable efforts.
AB599-ASA1, s. 4
3Section
4. 48.32 (1) (b) 1. c. of the statutes is amended to read:
AB599-ASA1,7,74
48.32
(1) (b) 1. c. If a permanency plan has previously been prepared for the
5child, a finding as to whether the county department, department, or agency has
6made reasonable efforts to achieve the
permanency goal of the child's permanency
7plan
, including, if appropriate, through an out-of-state placement
,.
AB599-ASA1,7,139
48.32
(1) (c) If the judge or circuit court commissioner finds that any of the
10circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
11the judge or circuit court commissioner shall hold a hearing under s. 48.38 (4m)
12within 30 days after the date of that finding to determine the permanency
plan goal
13and, if applicable, any concurrent permanency goals for the child.
AB599-ASA1,7,2515
48.33
(4) (c) Specific information showing that continued placement of the child
16in his or her home would be contrary to the welfare of the child, specific information
17showing that the county department, the department, in a county having a
18population of 500,000 or more, or the agency primarily responsible for providing
19services to the child has made reasonable efforts to prevent the removal of the child
20from the home, while assuring that the child's health and safety are the paramount
21concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5.
22applies, and, if a permanency plan has previously been prepared for the child,
23specific information showing that the county department, department, or agency has
24made reasonable efforts to achieve the
permanency goal of the child's permanency
25plan
, including, if appropriate, through an out-of-state placement
,.
AB599-ASA1, s. 7
1Section
7. 48.335 (3g) (c) of the statutes is amended to read:
AB599-ASA1,8,52
48.335
(3g) (c) That, if a permanency plan has previously been prepared for the
3child, the county department, department, or agency has made reasonable efforts to
4achieve the
permanency goal of the child's permanency plan
, including, if
5appropriate, through an out-of-state placement
,.
AB599-ASA1,8,117
48.335
(4) At hearings under this section, s. 48.357,
48.358, 48.363
, or 48.365,
8on the request of any party, unless good cause to the contrary is shown, the court may
9admit testimony on the record by telephone or live audiovisual means, if available,
10under s. 807.13 (2). The request and the showing of good cause may be made by
11telephone.
AB599-ASA1, s. 9
12Section
9. 48.355 (2) (b) 6. of the statutes is amended to read:
AB599-ASA1,9,513
48.355
(2) (b) 6. If the child is placed outside the home, a finding that continued
14placement of the child in his or her home would be contrary to the welfare of the child,
15a finding as to whether the county department, the department, in a county having
16a population of 500,000 or more, or the agency primarily responsible for providing
17services under a court order has made reasonable efforts to prevent the removal of
18the child from the home, while assuring that the child's health and safety are the
19paramount concerns, unless the court finds that any of the circumstances specified
20in sub. (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been
21prepared for the child, a finding as to whether the county department, department,
22or agency has made reasonable efforts to achieve the
permanency goal of the child's
23permanency plan
, including, if appropriate, through an out-of-state placement. The
24court shall make the findings specified in this subdivision on a case-by-case basis
25based on circumstances specific to the child and shall document or reference the
1specific information on which those findings are based in the court order
,. A court
2order that merely references this subdivision without documenting or referencing
3that specific information in the court order or an amended court order that
4retroactively corrects an earlier court order that does not comply with this
5subdivision is not sufficient to comply with this subdivision.
AB599-ASA1, s. 10
6Section
10. 48.355 (2b) (title) of the statutes is amended to read:
AB599-ASA1,9,77
48.355
(2b) (title)
Concurrent reasonable efforts permitted planning.
AB599-ASA1, s. 11
8Section
11. 48.355 (2b) of the statutes is renumbered 48.355 (2b) (b) and
9amended to read:
AB599-ASA1,9,2510
48.355
(2b) (b) A county department, the department, in a county having a
11population of 500,000 or more, or the agency primarily responsible for providing
12services to a child under a court order
may, at the same time as the county
13department, department, or agency is making the reasonable efforts required under
14sub. (2) (b) 6. to prevent the removal of the child from the home or to make it possible
15for the child to return safely to his or her home, work with the department, a county
16department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under
17s. 48.61 (5) in making reasonable efforts to place the child for adoption, with a
18guardian, with a fit and willing relative, or in some other alternative permanent
19placement, including reasonable efforts to identify an appropriate out-of-state
20placement shall determine, in accordance with standards established by the
21department, whether to engage in concurrent planning. If, according to those
22standards, concurrent planning is required, the county department, department, or
23agency shall engage in concurrent planning unless the court or permanency review
24panel determines under s. 48.38 (5) (c) 5m. that concurrent planning is
25inappropriate.
AB599-ASA1,10,52
48.355
(2b) (a) In this subsection, "concurrent planning" means appropriate
3efforts to work simultaneously towards achieving more than one of the permanency
4goals listed in s. 48.38 (4) (fg) 1. to 5. for a child who is placed in out-of-home care
5and for whom a permanency plan is required under s. 48.38 (2).
AB599-ASA1,10,147
48.355
(2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether
8the county department, department, in a county having a population of 500,000 or
9more, or agency primarily responsible for providing services to the child under a
10court order has made reasonable efforts to achieve the
permanency goal of the
11permanency plan, the court's consideration of reasonable efforts shall include the
12considerations listed under par. (a) 1. to 5. and whether visitation schedules between
13the child and his or her parents were implemented, unless visitation was denied or
14limited by the court.
AB599-ASA1, s. 14
15Section
14. 48.355 (2d) (b) (intro.) of the statutes is amended to read:
AB599-ASA1,10,2516
48.355
(2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the court is not required
17to include in a dispositional order a finding as to whether the county department, the
18department, in a county having a population of 500,000 or more, or the agency
19primarily responsible for providing services under a court order has made reasonable
20efforts with respect to a parent of a child to prevent the removal of the child from the
21home, while assuring that the child's health and safety are the paramount concerns,
22or a finding as to whether the county department, department, or agency has made
23reasonable efforts with respect to a parent of a child to achieve the permanency
plan 24goal of returning the child safely to his or her home, if the court finds any of the
25following:
AB599-ASA1,11,52
48.355
(2d) (c) If the court finds that any of the circumstances specified in par.
3(b) 1. to 5. applies with respect to a parent, the court shall hold a hearing under s.
448.38 (4m) within 30 days after the date of that finding to determine the permanency
5plan goal and, if applicable, any concurrent permanency goals for the child.
AB599-ASA1,11,127
48.355
(2e) (b) Each time a child's placement is changed under s. 48.357
, a trial
8reunification is ordered under s. 48.358, or a dispositional order is revised under s.
948.363 or extended under s. 48.365, the agency that prepared the permanency plan
10shall revise the plan to conform to the order and shall file a copy of the revised plan
11with the court. Each plan filed under this paragraph shall be made a part of the court
12order.
AB599-ASA1,11,1814
48.357
(2v) (c) If the court finds under par. (a) 3. that any of the circumstances
15specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the court shall
16hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to
17determine the permanency
plan goal and, if applicable, any concurrent permanency
18goals for the child.
AB599-ASA1,11,20
2048.358 Trial reunification. (1) Definition. In this section:
AB599-ASA1,12,221
(a) "Trial reunification" means a period of 7 consecutive days or longer, but not
22exceeding 150 days, during which a child who is placed in an out-of-home placement
23under s. 48.355 or 48.357 resides in the home of a relative of the child from which the
24child was removed or in the home of either of the child's parents for the purpose of
1determining the appropriateness of changing the placement of the child to that
2home.
AB599-ASA1,12,43
(b) "Trial reunification home" means the home in which in which a child resides
4during a trial reunification.
AB599-ASA1,12,16
5(2) Trial reunification; procedure. (a)
Request or proposal. No trial
6reunification may occur without a court order. Only the person or agency primarily
7responsible for implementing the dispositional order may request the court to order
8a trial reunification. The request shall contain the name and address of the
9requested trial reunification home, a statement describing why the trial
10reunification is in the best interests of the child, and a statement describing how the
11trial reunification satisfies the objectives of the child's permanency plan. A request
12for a trial reunification may not be made on the sole grounds that an emergency
13condition necessitates an immediate removal of the child from his or her
14out-of-home placement. If an emergency condition necessitates such an immediate
15removal, the person or agency primarily responsible for implementing the
16dispositional order shall proceed as provided in s. 48.357 (2).
AB599-ASA1,12,2517
(b)
Notice; information required. The person or agency requesting the trial
18reunification shall submit the request to the court and shall cause written notice of
19the requested trial reunification to be sent to the child, the parent, guardian, and
20legal custodian of the child, any foster parent or other physical custodian described
21in s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties
22who are bound by the dispositional order, and, if the child is an Indian child who has
23been removed from the home of his or her parent or Indian custodian, the Indian
24child's Indian custodian and tribe. The notice shall contain the information that is
25required to be included in the request under par. (a).
AB599-ASA1,13,10
1(c)
Hearing; when required. Any person who is entitled to receive notice of a
2requested trial reunification under par. (b), other than a court-appointed special
3advocate, may obtain a hearing on the matter by filing an objection with the court
4within 10 days after the request was filed with the court. If an objection is filed, a
5hearing shall be held within 30 days after the request was filed with the court. Not
6less than 3 days before the hearing the person or agency requesting the trial
7reunification or the court shall provide notice of the hearing to all person who are
8entitled to receive notice under par. (b). A copy of the request for the trial
9reunification shall be attached to the notice. If all of the parties consent, the court
10may proceed immediately with the hearing.
AB599-ASA1,13,2111
(d)
Order. If the court finds that the trial reunification is in the best interests
12of the child and that the trial reunification satisfies the objectives of the child's
13permanency plan, the court shall order the trial reunification. A trial reunification
14shall terminate 90 days after the date of the order, unless the court specifies a shorter
15period in the order, extends the trial reunification under sub. (3), or revokes the trial
16reunification under sub. (4) (c) or (6) (b). No trial reunification order may extend the
17expiration date of the original dispositional order under s. 48.355 or any extension
18order under s. 48.365. A trial reunification under this section is not a change in
19placement under s. 48.357. Unless revoked under sub. (4) (c) or (6) (b), at the end of
20a trial reunification, the person or agency primarily responsible for implementing
21the dispositional order shall do one of the following:
AB599-ASA1,14,222
1. Return the child to his or her previous out-of-home placement. The person
23or agency may do so without further order of the court, but within 5 days after the
24return the person or agency shall provide notice of the date of the return and the
1address of that placement to all persons who are entitled to receive notice under par.
2(b).
AB599-ASA1,14,43
2. Request a change in placement under s. 48.357 to place the child in a new
4out-of-home placement.
AB599-ASA1,14,65
3. Request a change in placement under s. 48.357 to place the child in the trial
6reunification home.
AB599-ASA1,14,14
7(3) Extension of trial reunification. (a)
Extension request. The person or
8agency primarily responsible for implementing the dispositional order may request
9an extension of a trial reunification. The request shall contain a statement
10describing how the trial reunification continues to be in the best interests of the child.
11No later than 10 days prior to the expiration of the trial reunification, the person or
12agency that requests the extension shall submit the request to the court that ordered
13the trial reunification and shall cause notice of the request to be provided to all
14persons who are entitled to receive notice under sub. (2) (b).
AB599-ASA1,15,215
(b)
Extension hearing; when required. Any person who is entitled to receive
16notice of the extension request under par. (a), other than a court-appointed special
17advocate, may obtain a hearing on the matter by filing an objection with the court
18within 10 days after the request was filed with the court. If an objection is filed, the
19court shall schedule a hearing on the matter. If the court is unable to conduct a
20hearing on the matter before the trial reunification expires, the court may extend the
21trial reunification for not more than 30 days without a hearing. If a hearing is
22scheduled, not less than 3 days before the hearing the person or agency requesting
23the extension or the court shall provide notice of the hearing to all persons who are
24entitled to receive notice of the extension request under par. (a). A copy of the request
1for the extension shall be attached to the notice. If all of the parties consent, the court
2may proceed immediately with the hearing.
AB599-ASA1,15,63
(c)
Extension order. If the court finds that the trial reunification continues to
4be in the best interests of the child, the court shall grant an order extending the trial
5reunification for a period specified by the court. Any number of extensions may be
6granted, but the total period for a trial reunification may not exceed 150 days.
AB599-ASA1,15,13
7(4) Revocation of trial reunification. (a)
Revocation request; information
8required. 1. If the person or agency primarily responsible for implementing the
9dispositional order determines based on current circumstances that a trial
10reunification is no longer in the best interests of the child, that person or agency may,
11without prior court order, remove the child from the trial reunification home and
12place the child in the child's previous out-of-home placement as provided in subd.
132. or place the child in a new out-of-home placement as provided in subd. 3.
AB599-ASA1,15,2314
2. If the person or agency primarily responsible for implementing the
15dispositional order places the child in the child's previous out-of-home placement,
16within 3 days after removing the child from the trial reunification home, that person
17or agency shall submit a request for revocation of the trial reunification to the court
18that ordered the trial reunification and shall cause notice of the request to be
19provided to all persons who are entitled to receive notice of the trial reunification
20under sub. (2) (b). The request shall contain the date on which the child was removed
21from the trial reunification home, the address of the child's current placement, and
22the reasons for the proposed revocation. Paragraphs (b) and (c) apply to a request
23for revocation submitted under this subdivision.
AB599-ASA1,16,724
3. If the person or agency primarily responsible for implementing the
25dispositional order places the child in a new out-of-home placement, within 3 days
1after removing the child from the trial reunification home, that person or agency
2shall request a change in placement under s. 48.357 (1) (am). The procedures
3specified in s. 48.357 relating to a change in placement under s. 48.357 (1) (am) apply
4to a change in placement requested under this subdivision, except that the request
5shall include the date on which the child was removed from the trial reunification
6home in addition to the information required under s. 48.357 (1) (am) 1., and the trial
7reunification is revoked when the change in placement order is granted.
AB599-ASA1,16,158
(b)
Revocation hearing; when required. Any person who is entitled to receive
9notice of a revocation request under par. (a) 2., other than a court-appointed special
10advocate, may obtain a hearing on the matter by filing an objection with the court
11within 10 days after the request is filed with the court. If a hearing is scheduled, not
12less than 3 days prior to the hearing the court shall provide notice of the hearing,
13together with a copy of the request for the revocation, to all persons who are entitled
14to receive notice under par. (a) 2. If all parties consent, the court may proceed
15immediately with the hearing.
AB599-ASA1,16,1916
(c)
Revocation order. If the court finds that the trial reunification is no longer
17in the best interests of a child who has been placed in his or her previous out-of-home
18placement under par. (a) 1., the court shall grant an order revoking the trial
19reunification.
AB599-ASA1,17,5
20(5) Removal from foster home or other physical custodian. If a hearing is
21held under sub. (2) (c) and the trial reunification would remove a child from a foster
22home or other placement with a physical custodian described in s. 48.62 (2), the court
23shall give the foster parent or other physical custodian a right to be heard at the
24hearing by permitting the foster parent or other physical custodian to make a written
25or oral statement during the hearing or to submit a written statement prior to the
1hearing relating to the child and the requested trial reunification. A foster parent
2or other physical custodian described in s. 48.62 (2) who receives notice of a hearing
3under sub. (2) (c) and a right to be heard under this subsection does not become a
4party to the proceeding on which the hearing is held solely on the basis of receiving
5that notice and right to be heard.
AB599-ASA1,17,11
6(6) Prohibited trial reunifications based on homicide of parent. (a)
7Prohibition. Except as provided in par. (c), the court may not order a trial
8reunification in the home of a person who has been convicted under s. 940.01 of the
9first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
10homicide, of a parent of the child, if the conviction has not been reversed, set aside,
11or vacated.
AB599-ASA1,17,1812
(b)
Revocation. Except as provided in par. (c), if a parent in whose home a child
13is placed for a trial reunification is convicted under s. 940.01 of the first-degree
14intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
15the child's other parent, and the conviction has not been reversed, set aside, or
16vacated, the court shall revoke the trial reunification and the child shall be returned
17to his or her previous out-of-home placement or, pursuant to s. 48.357, placed in a
18new out-of-home placement.
AB599-ASA1,17,2219
(c)
Exception. Paragraphs (a) and (b) do not apply if the court determines by
20clear and convincing evidence that the placement would be in the best interests of
21the child. The court shall consider the wishes of the child in making that
22determination.
AB599-ASA1,18,1224
48.363
(1) (a) A child, the child's parent, guardian, legal custodian, or Indian
25custodian, an expectant mother, an unborn child by the unborn child's guardian ad
1litem, any person or agency bound by a dispositional order, or the district attorney
2or corporation counsel in the county in which the dispositional order was entered
3may request a revision in the order that does not involve a change in placement
or
4a trial reunification, including a revision with respect to the amount of child support
5to be paid by a parent. The court may also propose a revision. The request or court
6proposal shall set forth in detail the nature of the proposed revision and what new
7information is available that affects the advisability of the court's disposition. The
8request or court proposal shall be submitted to the court. The court shall hold a
9hearing on the matter prior to any revision of the dispositional order if the request
10or court proposal indicates that new information is available which affects the
11advisability of the court's dispositional order, unless written waivers of objections to
12the revision are signed by all parties entitled to receive notice and the court approves.
AB599-ASA1, s. 20
13Section
20. 48.365 (2g) (b) 2. of the statutes is amended to read:
AB599-ASA1,18,1814
48.365
(2g) (b) 2. An evaluation of the child's adjustment to the placement and
15of any progress the child has made, suggestions for amendment of the permanency
16plan, and specific information showing the efforts that have been made to achieve the
17permanency goal of the permanency plan, including, if applicable, the efforts of the
18parents to remedy the factors that contributed to the child's placement.
AB599-ASA1, s. 21
19Section
21. 48.365 (2g) (b) 3. of the statutes is amended to read:
AB599-ASA1,19,1420
48.365
(2g) (b) 3. If the child has been placed outside of his or her home in a
21foster home, group home, residential care center for children and youth, or shelter
22care facility for 15 of the most recent 22 months, not including any period during
23which the child was a runaway from the out-of-home placement or
the first 6 months
24of any period during which the child was returned to his or her
was residing in a trial
25reunification home
for a trial home visit, a statement of whether or not a
1recommendation has been made to terminate the parental rights of the parents of
2the child. If a recommendation for a termination of parental rights has been made,
3the statement shall indicate the date on which the recommendation was made, any
4previous progress made to accomplish the termination of parental rights, any
5barriers to the termination of parental rights, specific steps to overcome the barriers
6and when the steps will be completed, reasons why adoption would be in the best
7interest of the child, and whether or not the child should be registered with the
8adoption information exchange. If a recommendation for termination of parental
9rights has not been made, the statement shall include an explanation of the reasons
10why a recommendation for termination of parental rights has not been made. If the
11lack of appropriate adoptive resources is the primary reason for not recommending
12a termination of parental rights, the agency shall recommend that the child be
13registered with the adoption information exchange or report the reason why
14registering the child is contrary to the best interest of the child.
AB599-ASA1, s. 22
15Section
22. 48.365 (2m) (a) 1. of the statutes is amended to read:
AB599-ASA1,20,216
48.365
(2m) (a) 1. Any party may present evidence relevant to the issue of
17extension. If the child is placed outside of his or her home, the person or agency
18primarily responsible for providing services to the child shall present as evidence
19specific information showing that the person or agency has made reasonable efforts
20to achieve the
permanency goal of the child's permanency plan
, including, if
21appropriate, through an out-of-state placement
, under. If an Indian child is placed
22outside the home of his or her parent or Indian custodian, the person or agency
23primarily responsible for providing services to the Indian child shall also present as
24evidence specific information showing that active efforts under s. 48.028 (4) (d) 2.
1have been made to prevent the breakup of the Indian child's family and that those
2efforts have proved unsuccessful.
AB599-ASA1, s. 23
3Section
23. 48.365 (2m) (a) 1m. of the statutes is amended to read:
AB599-ASA1,20,134
48.365
(2m) (a) 1m. The judge shall make findings of fact and conclusions of
5law based on the evidence. The findings of fact shall include a finding as to whether
6reasonable efforts were made by the person or agency primarily responsible for
7providing services to the child to achieve the
permanency goal of the child's
8permanency plan
, including, if appropriate, through an out-of-state placement
,
9under. If the child is an Indian child who is placed outside the home of his or her
10parent or Indian custodian, the findings of fact shall also include a finding that active
11efforts under s. 48.028 (4) (d) 2. were made to prevent the breakup of the Indian
12child's family and that those efforts have proved unsuccessful. An order shall be
13issued under s. 48.355.
AB599-ASA1, s. 24
14Section
24. 48.365 (2m) (a) 3. of the statutes is amended to read:
AB599-ASA1,20,2315
48.365
(2m) (a) 3. The judge shall make the findings under subd. 1m. relating
16to reasonable efforts to achieve the
permanency goal of the child's permanency plan
17and the findings under subd. 2. on a case-by-case basis based on circumstances
18specific to the child and shall document or reference the specific information on
19which those findings are based in the order issued under s. 48.355. An order that
20merely references subd. 1m. or 2. without documenting or referencing that specific
21information in the order or an amended order that retroactively corrects an earlier
22order that does not comply with this subdivision is not sufficient to comply with this
23subdivision.
