SB502-SSA1,24,209 48.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed
10under par. (ag) shall review the permanency plan in the manner provided in this
11subsection not later than 6 months after the date on which the child was first
12removed from his or her home and every 6 months after a previous review under this
13subsection for as long as the child is placed outside the home, except that for the
14review that is required to be conducted not later than 12 months after the child was
15first removed from his or her home and the reviews that are required to be conducted
16every 12 months after that review the court shall hold a hearing under sub. (5m) to
17review the permanency plan, which hearing may be instead of or in addition to the
18review under this subsection. The 6-month and 12-month periods referred to in this
19paragraph include any period during which the child resides in a trial reunification
20home under s. 48.358.

SB502-SSA1,25,422 48.38 (5) (am) The court may appoint an independent agency to designate a
23panel to conduct a permanency plan review under par. (a). If the court in a county
24having a population of less than 500,000 appoints an independent agency under this
25paragraph, the county department of the county of the court shall authorize and

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1contract for the purchase of services from the independent agency. If the court in a
2county having a population of 500,000 or more appoints an independent agency
3under this paragraph, the department shall authorize and contract for the purchase
4of services from the independent agency.

SB502-SSA1,25,96 48.38 (5) (c) 5. The date by which it is likely that the child will be returned to
7his or her home or placed for adoption, with a guardian, with a fit and willing relative,
8or in some other alternative planned permanent placement living arrangement that
9includes an appropriate, enduring relationship with an adult.

SB502-SSA1,25,1611 48.38 (5) (c) 5m. The continuing appropriateness, according to standards
12established by the department, of the permanency goal and any concurrent
13permanency goals for the child. If the court or panel does not approve of any of those
14goals or if the court or panel determines that a concurrent permanency goal is
15appropriate, the court or panel shall determine the permanency goal and, if
16appropriate, any concurrent permanency goals for the child.

SB502-SSA1,25,2518 48.38 (5) (c) 6. (intro.) If the child has been placed outside of his or her home,
19as described in s. 48.365 (1), in a foster home, group home, residential care center for
20children and youth, or shelter care facility for 15 of the most recent 22 months, not
21including any period during which the child was a runaway from the out-of-home
22placement or the first 6 months of any period during which the child was returned
23to his or her home for a trial home visit reunification, the appropriateness of the
24permanency plan and the circumstances which prevent the child from any of the
25following:

SB502-SSA1,26,52 48.38 (5) (c) 6. d. Being placed in some other alternative planned permanent
3placement living arrangement that includes an appropriate, enduring relationship
4with an adult, including sustaining care, independent living, or long-term foster
5care, but not including independent living.

SB502-SSA1,26,97 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve
8the permanency goal of the permanency plan, including, if appropriate, through an
9out-of-state placement,.

SB502-SSA1,26,1511 48.38 (5) (f) If the summary prepared under par. (e) indicates that the review
12panel made recommendations that conflict with the court child's dispositional order
13or that provide for additional services not specified in the court dispositional order,
14the agency primarily responsible for providing services to the child shall request a
15revision of the court dispositional order.

SB502-SSA1,26,1717 48.38 (5m) (title) Permanency plan hearing.

SB502-SSA1,26,2419 48.38 (5m) (a) The court shall hold a hearing to review the permanency plan
20and to make the determinations specified in sub. (5) (c) no later than 12 months after
21the date on which the child was first removed from the home and every 12 months
22after a previous hearing under this subsection for as long as the child is placed
23outside the home. The 12-month periods referred to in this paragraph include any
24period during which the child resides in a trial reunification home under s. 48.358.

SB502-SSA1,27,13

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148.38 (5m) (b) Not less than 30 days before the date of the hearing, the court
2shall notify the child; the child's parent, guardian, and legal custodian; and the
3child's foster parent, the operator of the facility in which the child is living, or the
4relative with whom the child is living; of the time, place, and purpose of the hearing,
5of the issues to be determined at the hearing, and of the fact that they shall have a
6right to be heard at the hearing as provided in par. (c) 1. and shall notify the child's
7counsel, the child's guardian ad litem, and the child's court-appointed special
8advocate; the agency that prepared the permanency plan; the person representing
9the interests of the public; and, if the child is an Indian child who is placed outside
10the home of his or her parent or Indian custodian, the Indian child's Indian custodian
11and tribe of the date, time, and place, and purpose of the hearing, of the issues to be
12determined at the hearing, and of the fact that they may have an opportunity to be
13heard at the hearing as provided in par. (c) 1.

SB502-SSA1,27,1915 48.38 (5m) (f) If the findings of fact and conclusions of law under par. (e) conflict
16with the child's dispositional order or provide for any additional services not specified
17in the dispositional order, the court shall revise the dispositional order under s.
1848.363 or, order a change in placement under s. 48.357, or order a trial reunification
19under s. 48.358, as appropriate.

SB502-SSA1,27,2121 48.38 (6) (a) Procedures for conducting permanency plan reviews.

SB502-SSA1,28,623 48.417 (1) (a) The child has been placed outside of his or her home, as described
24in s. 48.365 (1) or 938.365 (1), in a foster home, group home, nonsecured residential
25care center for children and youth, or shelter care facility for 15 of the most recent

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122 months, not including any period during which the child was a runaway from the
2out-of-home placement or the first 6 months of any period during which the child
3was returned to his or her home for a trial home visit reunification. If the
4circumstances specified in this paragraph apply, the petition shall be filed or joined
5in by the last day of the 15th month, as described in this paragraph, for which the
6child was placed outside of his or her home.

SB502-SSA1,28,188 48.43 (1) (cm) If a permanency case plan has previously been prepared for the
9child, a finding as to whether the agency primarily responsible for providing services
10to the child has made reasonable efforts to achieve the permanency goal of the child's
11permanency plan, including, if appropriate, through an out-of-state placement. The
12court shall make the findings specified in this paragraph on a case-by-case basis
13based on circumstances specific to the child and shall document or reference the
14specific information on which those findings are based in the order. An order that
15merely references this paragraph without documenting or referencing that specific
16information in the order or an amended order that retroactively corrects an earlier
17order that does not comply with this paragraph is not sufficient to comply with this
18paragraph.

SB502-SSA1,28,2520 48.43 (5m) Either the court or the agency that prepared the permanency plan
21shall furnish a copy of the original plan and each revised plan to the child, if he or
22she is 12 years of age or over, to the child's guardian, to the child's foster parent or,
23the operator of the facility in which the child is living, or the relative with whom the
24child is living, and, if the order under sub. (1) involuntarily terminated parental
25rights to an Indian child, to the Indian child's tribe.

SB502-SSA1,29,112 48.63 (5) (d) 4. Not less than 10 days before the review, the agency that placed
3the child or that arranged the placement of the child shall provide a copy of the
4revised permanency plan or plans and the request for review submitted under subd.
53. and notice of the time and place of the review to the child, the parent, guardian,
6Indian custodian, and legal custodian of the child, and the operator of the group home
7in which the child is placed, together with notice of the issues to be determined as
8part of the permanency plan review and notice of the fact that those persons shall
9have a right to be heard at the review by submitting written comments to that agency
10or the independent reviewing agency before the review or by participating at the
11review.

SB502-SSA1,29,1313 48.977 (4) (i) (title) Effect of disposition on permanency plan review process.

SB502-SSA1,29,1615 757.69 (1) (g) 14. Conduct permanency plan reviews under s. 48.38 (5) or 938.38
16(5) and permanency plan hearings under s. 48.38 (5m) or 938.38 (5m).

SB502-SSA1,29,2218 938.21 (5) (d) If the court finds that any of the circumstances specified in s.
19938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
20under s. 938.38 (4m) within 30 days after the date of that finding to determine the
21permanency plan goal and, if applicable, any concurrent permanency goals for the
22juvenile.

SB502-SSA1,30,524 938.315 (2m) (b) The court making an initial finding under s. 938.38 (5m) that
25the agency primarily responsible for providing services to the juvenile has made

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1reasonable efforts to achieve the permanency goals of the juvenile's permanency plan
2more than 12 months after the date on which the juvenile was removed from the
3home or making any subsequent findings under s. 938.38 (5m) as to those reasonable
4efforts more than 12 months after the date of a previous finding as to those
5reasonable efforts.

SB502-SSA1,30,107 938.32 (1) (c) 1. c. If a permanency plan has previously been prepared for the
8juvenile, a finding as to whether the county department or agency has made
9reasonable efforts to achieve the permanency goal of the juvenile's permanency plan,
10including, if appropriate, through an out-of-state placement.

SB502-SSA1,30,1612 938.32 (1) (d) If the court finds that any of the circumstances specified in s.
13938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
14under s. 938.38 (4m) within 30 days after the date of that finding to determine the
15permanency plan goal and, if applicable, any concurrent permanency goals for the
16juvenile.

SB502-SSA1,31,318 938.33 (4) (c) Specific information showing that continued placement of the
19juvenile in his or her home would be contrary to the welfare of the juvenile, specific
20information showing that the county department or the agency primarily
21responsible for providing services to the juvenile has made reasonable efforts to
22prevent the removal of the juvenile from the home, while assuring that the juvenile's
23health and safety are the paramount concerns, unless any of the circumstances
24specified in s. 938.355 (2d) (b) 1. to 4. applies, and, if a permanency plan has
25previously been prepared for the juvenile, specific information showing that the

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1county department or agency has made reasonable efforts to achieve the permanency
2goal of the juvenile's permanency plan, including, if appropriate, through an
3out-of-state placement,.

SB502-SSA1,31,85 938.335 (3g) (c) That, if a permanency plan has previously been prepared for
6the juvenile, the county department or agency has made reasonable efforts to achieve
7the permanency goal of the juvenile's permanency plan, including, if appropriate,
8through an out-of-state placement,.

SB502-SSA1,31,1410 938.335 (4) Testimony by telephone or live audiovisual means. At hearings
11under this section, s. 938.357, 938.358, 938.363, or 938.365, on the request of any
12party, unless good cause to the contrary is shown, the court may admit testimony on
13the record by telephone or live audiovisual means, if available, under s. 807.13 (2).
14The request and the showing of good cause may be made by telephone.

SB502-SSA1,32,1216 938.355 (2) (b) 6. If the juvenile is placed outside the home, a finding that
17continued placement of the juvenile in his or her home would be contrary to the
18welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is
19placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that
20the juvenile's current residence will not safeguard the welfare of the juvenile or the
21community due to the serious nature of the act for which the juvenile was adjudicated
22delinquent. The court order shall also contain a finding as to whether the county
23department or the agency primarily responsible for providing services under a court
24order has made reasonable efforts to prevent the removal of the juvenile from the
25home, while assuring that the juvenile's health and safety are the paramount

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1concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1.
2to 4. applies, and, if a permanency plan has previously been prepared for the juvenile,
3a finding as to whether the county department or agency has made reasonable efforts
4to achieve the permanency goal of the juvenile's permanency plan, including, if
5appropriate, through an out-of-state placement,. The court shall make the findings
6specified in this subdivision on a case-by-case basis based on circumstances specific
7to the juvenile and shall document or reference the specific information on which
8those findings are based in the court order. A court order that merely references this
9subdivision without documenting or referencing that specific information in the
10court order or an amended court order that retroactively corrects an earlier court
11order that does not comply with this subdivision is not sufficient to comply with this
12subdivision.

SB502-SSA1,33,415 938.355 (2b) (b) A county department or the agency primarily responsible for
16providing services to a juvenile under a court order may, at the same time as the
17county department or agency is making the reasonable efforts required under sub.
18(2) (b) 6. to prevent the removal of the juvenile from the home or to make it possible
19for the juvenile to return safely to his or her home, work with the department of
20children and families, a county department under s. 48.57 (1) (e) or (hm), or a child
21welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place the
22juvenile for adoption, with a guardian, with a fit and willing relative, or in some other
23alternative permanent placement, including reasonable efforts to identify an
24appropriate out-of-state placement shall determine, in accordance with standards
25established by the department, whether to engage in concurrent planning. If,

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1according to those standards, concurrent planning is required, the county
2department or agency shall engage in concurrent planning unless the court or
3permanency review panel determines under s. 938.38 (5) (c) 5m. that concurrent
4planning is inappropriate.

SB502-SSA1,33,96 938.355 (2b) (a) In this subsection, "concurrent planning" means appropriate
7efforts to work simultaneously towards achieving more than one of the permanency
8goals listed in s. 938.38 (4) (fg) 1. to 5. for a juvenile who is placed in out-of-home care
9and for whom a permanency plan is required under s. 938.38 (2).

SB502-SSA1,33,1711 938.355 (2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether
12the county department or the agency primarily responsible for providing services to
13the juvenile under a court order has made reasonable efforts to achieve the
14permanency goal of the permanency plan, the court's consideration of reasonable
15efforts shall include the considerations under par. (a) and whether visitation
16schedules between the juvenile and his or her parents were implemented, unless
17visitation was denied or limited by the court.

SB502-SSA1,34,219 938.355 (2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the court is not
20required to include in a dispositional order a finding as to whether the county
21department or the agency primarily responsible for providing services under a court
22order has made reasonable efforts with respect to a parent of a juvenile to prevent
23the removal of the juvenile from the home, while assuring that the juvenile's health
24and safety are the paramount concerns, or, if applicable, a finding as to whether the
25county department or agency has made reasonable efforts with respect to a parent

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1of a juvenile to achieve the permanency plan goal of returning the juvenile safely to
2his or her home, if the court finds any of the following:

SB502-SSA1,34,74 938.355 (2d) (c) If the court finds that any of the circumstances under par. (b)
51. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38
6(4m) within 30 days after the date of that finding to determine the permanency plan
7goal and, if applicable, any concurrent permanency goals for the juvenile.

SB502-SSA1,34,149 938.355 (2e) (b) Each time a juvenile's placement is changed under s. 938.357,
10a trial reunification is ordered under s. 938.358, or a dispositional order is revised
11under s. 938.363 or extended under s. 938.365, the agency that prepared the
12permanency plan shall revise the plan to conform to the order and shall file a copy
13of the revised plan with the court. Each plan filed shall be made a part of the court
14order.

SB502-SSA1,34,2016 938.357 (2v) (c) Permanency plan hearing. If the court finds under par. (a) 3.
17that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect
18to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after
19the date of that finding to determine the permanency plan goal and, if applicable, any
20concurrent permanency goals for the juvenile.

SB502-SSA1,34,22 22938.358 Trial reunification. (1) Definition. In this section:

SB502-SSA1,35,323 (a) "Trial reunification" means authorization for a juvenile who is placed in an
24out-of-home placement under s. 938.355 or 938.357 to reside in the home of a
25relative of the juvenile from which the juvenile was removed or in the home of either

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1of the juvenile's parents for a specified and limited period of 7 consecutive days or
2longer for the purpose of determining the appropriateness of changing the placement
3of the juvenile to that home.

SB502-SSA1,35,54 (b) "Trial reunification home" means the home in which a juvenile resides
5during a trial reunification.

SB502-SSA1,35,16 6(2) Trial reunification; procedure. (a) Request or proposal. The person or
7agency primarily responsible for implementing the dispositional order may request
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 juvenile, and a statement describing how
11the trial reunification satisfies the objectives of the juvenile's permanency plan. No
12person may request a trial reunification on the sole grounds that an emergency
13condition necessitates an immediate removal of the juvenile 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. 938.357 (2).

SB502-SSA1,35,2517 (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 juvenile, the parent, guardian, and
20legal custodian of the juvenile, any foster parent or other physical custodian
21described in s. 48.62 (2) of the juvenile, all parties who are bound by the dispositional
22order, and, if the juvenile is an Indian juvenile who has been removed from the home
23of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian
24juvenile's Indian custodian and tribe. The notice shall contain the information that
25is required to be included in the request under par. (a).

SB502-SSA1,36,9

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1(c) Hearing; when required. Any person receiving notice of a requested trial
2reunification under par. (b) may obtain a hearing on the matter by filing an objection
3with the court within 10 days after the request was filed with the court. If an
4objection is filed, a hearing shall be held within 30 days after the request was filed
5with the court. Not less than 3 days before the hearing the person requesting the trial
6reunification or the court shall provide notice of the hearing to all persons who are
7entitled to receive notice under par. (b). A copy of the request for the trial
8reunification shall be attached to the notice. If all of the parties consent, the court
9may proceed immediately with the hearing.

SB502-SSA1,36,2010 (d) Order. If the court finds that the trial reunification is in the best interests
11of the juvenile and that the trial reunification satisfies the objectives of the juvenile's
12permanency plan, the court shall order the trial reunification. A trial reunification
13shall terminate 90 days after the date of the order, unless the court specifies a shorter
14period in the order, the court extends the trial reunification under sub. (3), or the
15court revokes the trial reunification under sub. (4) (c) or (6) (b). No trial reunification
16order may extend the expiration date of the original dispositional order under s.
17938.355 or any extension order under s. 938.365. A trial reunification under this
18section is not a change in placement under s. 938.357. At the end of a trial
19reunification, the person or agency primarily responsible for implementing the
20dispositional order shall do one of the following:

SB502-SSA1,36,2421 1. Return the juvenile to his or her previous out-of-home placement. The
22person or agency may do so without further order of the court, but shall provide notice
23of the date of the return and the address of that placement to all persons who are
24entitled to receive notice under par. (b).

SB502-SSA1,37,2

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12. Request a change in placement under s. 938.357 to place the juvenile in a new
2out-of-home placement.

SB502-SSA1,37,43 3. Request a change in placement under s. 938.357 to place the juvenile in the
4trial reunification home.

SB502-SSA1,37,12 5(3) Extension of trial reunification. (a) Extension request. The person or
6agency primarily responsible for implementing the dispositional order may request
7an extension of a trial reunification. The request shall contain a statement
8describing how the trial reunification continues to be in the best interests of the
9juvenile. No later than 10 days prior to the expiration of the trial reunification, the
10person or agency that requests the extension shall submit the request to the court
11that ordered the trial reunification and shall cause notice of the request to be
12provided to all persons who are entitled to receive notice under sub. (2) (b).

SB502-SSA1,37,2313 (b) Extension hearing; when required. Any person who is entitled to receive
14notice of the extension request under par. (a) may obtain a hearing on the matter by
15filing an objection with the court within 10 days after the request was filed with the
16court. If an objection is filed, the court shall schedule a hearing on the matter. If the
17court is unable to conduct a hearing on the matter before the trial reunification
18expires, the court may extend the trial reunification for not more than 30 days
19without a hearing. If a hearing is scheduled, not less than 3 days before the hearing
20the person or agency requesting the extension or the court shall provide notice of the
21hearing to all persons who are entitled to receive notice of the extension request
22under par. (a). A copy of the request for the extension shall be attached to the notice.
23If all of the parties consent, the court may proceed immediately with the hearing.

SB502-SSA1,38,224 (c) Extension order. If the court finds that the trial reunification continues to
25be in the best interests of the juvenile, the court shall grant an order extending the

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1trial reunification for a period specified by the court. Any number of extensions may
2be granted, but the total period for a trial reunification may not exceed 150 days.

SB502-SSA1,38,10 3(4) Revocation of trial reunification. (a) Revocation request; information
4required. 1. If the person or agency primarily responsible for implementing the
5dispositional order determines based on current circumstances that a trial
6reunification is no longer in the best interests of the juvenile, that person or agency
7may, without prior court order, remove the juvenile from the trial reunification home
8and place the juvenile in the juvenile's previous out-of-home placement as provided
9in subd. 2. or place the juvenile in a new out-of-home placement as provided in subd.
103.

SB502-SSA1,38,2111 2. If the person or agency primarily responsible for implementing the
12dispositional order places the juvenile in the juvenile's previous out-of-home
13placement, within 3 days after removing the juvenile from the trial reunification
14home, that person or agency shall submit a request for revocation of the trial
15reunification to the court that ordered the trial reunification and shall cause notice
16of the request to be provided to all persons who are entitled to receive notice of the
17trial reunification under a sub. (2) (b). The request shall contain the date on which
18the juvenile was removed from the trial reunification home, the address of the
19juvenile's current placement, and the reasons for the proposed revocation.
20Paragraphs (b) and (c) apply to a request for revocation submitted under this
21subdivision.

SB502-SSA1,39,622 3. If the person or agency primarily responsible for implementing the
23dispositional order places the juvenile in a new out-of-home placement, within 3
24days after removing the juvenile from the trial reunification home, that person or
25agency shall request a change in placement under s. 938.357 (1) (am). The

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1procedures specified in s. 938.357 relating to a change in placement under s. 938.357
2(1) (am) apply to a change in placement requested under this subdivision, except that
3the request shall include the date on which the juvenile was removed from the trial
4reunification home in addition to the information required under s. 938.357 (1) (am)
51., and the trial reunification is revoked when the change in placement order is
6granted.

SB502-SSA1,39,137 (b) Revocation hearing; when required. Any person who is entitled to receive
8notice of a revocation request under par. (a) 2. may obtain a hearing on the matter
9by filing an objection with the court within 10 days after the request is filed with the
10court. If a hearing is scheduled, not less than 3 days prior to the hearing the court
11shall provide notice of the hearing, together with a copy of the request for the
12revocation, to all persons who are entitled to receive notice under par. (a) 2. If all
13parties consent, the court may proceed immediately with the hearing.

SB502-SSA1,39,1714 (c) Revocation order. If the court finds that the trial reunification is no longer
15in the best interests of a juvenile who has been placed in his or her previous
16out-of-home placement under par. (a) 1., the court shall grant an order revoking the
17trial reunification and approving that placement.

SB502-SSA1,40,3 18(5) Removal from foster home or other physical custodian. If a hearing is
19held under sub. (2) (c) and the trial reunification would remove a juvenile from a
20foster home or other placement with a physical custodian described in s. 48.62 (2),
21the court shall give the foster parent or other physical custodian a right to be heard
22at the hearing by permitting the foster parent or other physical custodian to make
23a written or oral statement during the hearing or to submit a written statement prior
24to the hearing relating to the juvenile and the requested trial reunification. A foster
25parent or other physical custodian described in s. 48.62 (2) who receives notice of a

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1hearing under sub. (2) (c) and a right to be heard under this subsection does not
2become a party to the proceeding on which the hearing is held solely on the basis of
3receiving that notice and right to be heard.

SB502-SSA1,40,9 4(6) Prohibited trial reunifications based on homicide of parent. (a)
5Prohibition. Except as provided in par. (c), the court may not order a trial
6reunification in the home of a person who has been convicted under s. 940.01 of the
7first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
8homicide, of a parent of the juvenile, if the conviction has not been reversed, set aside,
9or vacated.