SB502-SSA1, s. 72 19Section 72. 938.363 (1) (a) of the statutes is amended to read:
SB502-SSA1,41,920 938.363 (1) (a) A juvenile, the juvenile's parent, guardian, or legal custodian,
21any person or agency bound by a dispositional order, the district attorney or
22corporation counsel in the county in which the dispositional order was entered or, if
23the juvenile is an Indian juvenile who is in need of protection or services under s.
24938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian may request a
25revision in the order that does not involve a change in placement or a trial

1reunification
, including a revision with respect to the amount of child support to be
2paid by a parent. The court may also propose a revision. The request or court
3proposal shall set forth in detail the nature of the proposed revision and what new
4information is available that affects the advisability of the court's disposition. The
5request or court proposal shall be submitted to the court. The court shall hold a
6hearing on the matter prior to any revision of the dispositional order if the request
7or court proposal indicates that new information is available that affects the
8advisability of the court's dispositional order, unless written waivers of objections to
9the revision are signed by all parties entitled to receive notice and the court approves.
SB502-SSA1, s. 73 10Section 73. 938.365 (2g) (b) 2. of the statutes is amended to read:
SB502-SSA1,41,1611 938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement
12and of any progress the juvenile has made, suggestions for amendment of the
13permanency plan, and specific information showing the efforts that have been made
14to achieve the permanency goal of the permanency plan, including, if applicable, the
15efforts of the parents to remedy the factors that contributed to the juvenile's
16placement.
SB502-SSA1, s. 74 17Section 74. 938.365 (2g) (b) 3. of the statutes is amended to read:
SB502-SSA1,42,1218 938.365 (2g) (b) 3. If the juvenile has been placed outside of his or her home
19in a foster home, group home, nonsecured residential care center for children and
20youth, or shelter care facility for 15 of the most recent 22 months, not including any
21period during which the juvenile was a runaway from the out-of-home placement
22or the first 6 months of any period during which the juvenile was returned to his or
23her home for a trial home visit reunification, a statement of whether or not a
24recommendation has been made to terminate the parental rights of the parents of
25the juvenile. If a recommendation for a termination of parental rights has been

1made, the statement shall indicate the date on which the recommendation was made,
2any previous progress made to accomplish the termination of parental rights, any
3barriers to the termination of parental rights, specific steps to overcome the barriers
4and when the steps will be completed, reasons why adoption would be in the best
5interest of the juvenile and whether or not the juvenile should be registered with the
6adoption information exchange. If a recommendation for termination of parental
7rights has not been made, the statement shall include an explanation of the reasons
8why a recommendation for termination of parental rights has not been made. If the
9lack of appropriate adoptive resources is the primary reason for not recommending
10a termination of parental rights, the agency shall recommend that the juvenile be
11registered with the adoption information exchange or report the reason why
12registering the juvenile is contrary to the best interest of the juvenile.
SB502-SSA1, s. 75 13Section 75. 938.365 (2m) (a) 1. of the statutes is amended to read:
SB502-SSA1,42,2414 938.365 (2m) (a) 1. Any party may present evidence relevant to the issue of
15extension. If the juvenile is placed outside of his or her home, the person or agency
16primarily responsible for providing services to the juvenile shall present as evidence
17specific information showing that the person or agency has made reasonable efforts
18to achieve the permanency goal of the juvenile's permanency plan, including, if
19appropriate, through an out-of-state placement,. If an Indian juvenile is placed
20outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6),
21(6m), or (7), the person or agency primarily responsible for providing services to the
22Indian juvenile shall also present as evidence specific information showing that
23active efforts under s. 938.028 (4) (d) 2. have been made to prevent the breakup of
24the Indian juvenile's family and that those efforts have proved unsuccessful.
SB502-SSA1, s. 76 25Section 76. 938.365 (2m) (a) 1m. of the statutes is amended to read:
SB502-SSA1,43,10
1938.365 (2m) (a) 1m. The court shall make findings of fact and conclusions of
2law based on the evidence. The findings of fact shall include a finding as to whether
3reasonable efforts were made by the person or agency primarily responsible for
4providing services to the juvenile to achieve the permanency goal of the juvenile's
5permanency plan, including, if appropriate, through an out-of-state placement,. If
6the juvenile is an Indian juvenile who is placed outside the home of his or her parent
7or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the findings of fact shall also
8include a finding that active efforts under s. 938.028 (4) (d) 2. were made to prevent
9the breakup of the Indian juvenile's family and that those efforts have proved
10unsuccessful. An order shall be issued under s. 938.355.
SB502-SSA1, s. 77 11Section 77. 938.365 (2m) (a) 3. of the statutes is amended to read:
SB502-SSA1,43,2012 938.365 (2m) (a) 3. The court shall make the findings under subd. 1m. relating
13to reasonable efforts to achieve the permanency goal of the juvenile's permanency
14plan and the findings under subd. 2. on a case-by-case basis based on circumstances
15specific to the juvenile and shall document or reference the specific information on
16which those findings are based in the order issued under s. 938.355. An order that
17merely references subd. 1m. or 2. without documenting or referencing that specific
18information in the order or an amended order that retroactively corrects an earlier
19order that does not comply with this subdivision is not sufficient to comply with this
20subdivision.
SB502-SSA1, s. 78 21Section 78. 938.365 (2m) (ad) of the statutes is amended to read:
SB502-SSA1,44,222 938.365 (2m) (ad) If the court finds that any of the circumstances under s.
23938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
24under s. 938.38 (4m) within 30 days after the date of that finding to determine the

1permanency plan goal and, if applicable, any concurrent permanency goals for the
2juvenile.
SB502-SSA1, s. 79 3Section 79. 938.365 (7) of the statutes is amended to read:
SB502-SSA1,44,84 938.365 (7) Changes in placement and trial reunifications not permitted.
5Nothing in this section may be construed to allow any changes in placement, trial
6reunification,
or revocation of aftercare supervision. Revocation and other changes
7in placement may take place only under s. 938.357, and trial reunifications may take
8place only under s. 938.358
.
SB502-SSA1, s. 80 9Section 80. 938.371 (5) of the statutes is amended to read:
SB502-SSA1,44,1610 938.371 (5) Confidentiality of information. Except as permitted under s.
11252.15 (6), a foster parent, treatment foster parent, relative, or operator of a group
12home, residential care center for children and youth, or juvenile correctional facility
13that receives any information under sub. (1) or (3), other than the information
14described in sub. (3) (e), shall keep the information confidential and may disclose that
15information only for the purposes of providing care for the juvenile or participating
16in a court hearing or permanency plan review concerning the juvenile.
SB502-SSA1, s. 81 17Section 81. 938.38 (2) (intro.) of the statutes is amended to read:
SB502-SSA1,45,218 938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3),
19for each juvenile living in a foster home, group home, residential care center for
20children and youth, juvenile detention facility, or shelter care facility, the agency that
21placed the juvenile or arranged the placement or the agency assigned primary
22responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g. shall
23prepare a written permanency plan, if any of the following conditions exists, and, for
24each juvenile living in the home of a guardian or a relative other than a parent, that

1agency shall prepare a written permanency plan, if any of the conditions under pars.
2(a) to (e) exists:
SB502-SSA1, s. 82 3Section 82. 938.38 (4) (ar) of the statutes is amended to read:
SB502-SSA1,45,114 938.38 (4) (ar) A description of the services offered and any services provided
5in an effort to prevent the removal of the juvenile from his or her home, while
6assuring that the health and safety of the juvenile are the paramount concerns, and
7to achieve the goal of the permanency plan, except that the permanency plan is not
8required to include a description of the services offered or provided with respect to
9a parent of the juvenile to prevent the removal of the juvenile from the home or to
10achieve the permanency plan goal of returning the juvenile safely to his or her home
11if any of the circumstances under s. 938.355 (2d) (b) 1. to 4. apply to that parent.
SB502-SSA1, s. 83 12Section 83. 938.38 (4) (f) 3. of the statutes is amended to read:
SB502-SSA1,45,1713 938.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe
14return of the juvenile to his or her home, or, if appropriate, obtain an alternative
15permanent placement
for the juvenile a placement for adoption, with a guardian,
16with a fit and willing relative, or in some other planned permanent living
17arrangement that includes an appropriate, enduring relationship with an adult
.
SB502-SSA1, s. 84 18Section 84. 938.38 (4) (fg) (intro.) of the statutes is amended to read:
SB502-SSA1,46,919 938.38 (4) (fg) (intro.) The goal of the permanency plan or, if the agency is
20making concurrent reasonable efforts under engaging in concurrent planning, as
21defined in
s. 938.355 (2b) (a), the permanency and concurrent permanency goals of
22the permanency plan. If a goal of the permanency plan is any goal other than return
23of the juvenile to his or her home
to place the juvenile for adoption, with a guardian,
24or with a fit and willing relative
, the permanency plan shall include the rationale for
25deciding on that goal. If a goal of the permanency plan is an alternative permanent

1placement under subd. 5., the permanency plan shall document a compelling reason
2why it would not be in the best interest of the juvenile to pursue a goal specified in
3subds. 1. to 4.
and the efforts made to achieve that goal, including, if appropriate,
4through an out-of-state placement. If the agency determines under s. 938.355 (2b)
5(b) to engage in concurrent planning, the permanency plan shall include the
6rationale for that determination and a description of the concurrent plan and the
7permanency and concurrent permanency goals of the concurrent plan.
The agency
8shall determine one or more of the following goals to be the goal or goals of a juvenile's
9permanency plan:
SB502-SSA1, s. 85 10Section 85. 938.38 (4) (fg) 5. of the statutes is amended to read:
SB502-SSA1,46,1411 938.38 (4) (fg) 5. Some As provided in par. (fm), some other alternative planned
12permanent placement living arrangement that includes an appropriate, enduring
13relationship with an adult
, including sustaining care, independent living, or
14long-term foster care, but not including independent living.
SB502-SSA1, s. 86 15Section 86. 938.38 (4) (fm) of the statutes is amended to read:
SB502-SSA1,47,216 938.38 (4) (fm) If the goal of the permanency plan is to agency determines that
17there is a compelling reason why it currently would not be in the best interests of the
18juvenile to return the juvenile to his or her home or to
place the juvenile for adoption,
19with a guardian, or with a fit and willing relative , or as the permanency goal for the
20juvenile, the permanency goal of placing the juvenile
in some other alternative
21planned permanent placement, living arrangement described in par. (fg) 5. and the
22efforts made to achieve that goal, including, if appropriate, through an out-of-state
23placement. If the agency makes that determination, the plan shall include a
24statement of that compelling reason and, notwithstanding that compelling reason,
25a concurrent plan under s. 938.355 (2b) towards achieving a goal under par. (fg) 1.

1to 4. as a concurrent permanency goal in addition to the permanency goal under par.
2(fg) 5.
SB502-SSA1, s. 87 3Section 87. 938.38 (4) (i) of the statutes is amended to read:
SB502-SSA1,47,114 938.38 (4) (i) A statement as to whether the juvenile's age and developmental
5level are sufficient for the court to consult with the juvenile at the permanency plan
6determination
hearing under sub. (4m) (c) or at the permanency plan hearing under
7sub.
(5m) (c) 2. or for the court or panel to consult with the juvenile at the permanency
8plan review under sub. (5) (bm) 2. and, if a decision is made that it would not be age
9appropriate or developmentally appropriate for the court to consult with the
10juvenile, a statement as to why consultation with the juvenile would not be
11appropriate.
SB502-SSA1, s. 88 12Section 88. 938.38 (4m) (title) of the statutes is amended to read:
SB502-SSA1,47,1413 938.38 (4m) (title) Reasonable efforts not required; Permanency
14permanency
plan determination hearing.
SB502-SSA1, s. 89 15Section 89. 938.38 (5) (title) of the statutes is amended to read:
SB502-SSA1,47,1616 938.38 (5) (title) Plan Permanency review.
SB502-SSA1, s. 90 17Section 90. 938.38 (5) (a) of the statutes is amended to read:
SB502-SSA1,48,418 938.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel
19appointed under par. (ag) shall review the permanency plan in the manner provided
20in this subsection not later than 6 months after the date on which the juvenile was
21first removed from his or her home and every 6 months after a previous review under
22this subsection for as long as the juvenile is placed outside the home, except that for
23the review that is required to be conducted not later than 12 months after the
24juvenile was first removed from his or her home and the reviews that are required
25to be conducted every 12 months after that review, the court shall hold a hearing

1under sub. (5m) to review the permanency plan. The hearing may be instead of or
2in addition to the review under this subsection. The 6-month and 12-month periods
3referred to in this paragraph include any period during which the juvenile resides
4in a trial reunification home under s. 938.358.
SB502-SSA1, s. 91 5Section 91. 938.38 (5) (am) of the statutes is amended to read:
SB502-SSA1,48,106 938.38 (5) (am) The court may appoint an independent agency to designate a
7panel to conduct a permanency plan review under par. (a). If the court appoints an
8independent agency under this paragraph, the county department of the county of
9the court shall authorize and contract for the purchase of services from the
10independent agency.
SB502-SSA1, s. 92 11Section 92. 938.38 (5) (c) 5. of the statutes is amended to read:
SB502-SSA1,48,1512 938.38 (5) (c) 5. The date by which it is likely that the juvenile will be returned
13to his or her home or placed for adoption, with a guardian, with a fit and willing
14relative,
or in some other alternative planned permanent placement living
15arrangement that includes an appropriate, enduring relationship with an adult
.
SB502-SSA1, s. 93 16Section 93. 938.38 (5) (c) 5m. of the statutes is created to read:
SB502-SSA1,48,2217 938.38 (5) (c) 5m. The continuing appropriateness, according to standards
18established by the department, of the permanency goal and any concurrent
19permanency goals for the juvenile. If the court or panel does not approve of any of
20those goals or if the court or panel determines that a concurrent permanency goal is
21appropriate, the court or panel shall determine the permanency goal and, if
22appropriate, any concurrent permanency goals for the juvenile.
SB502-SSA1, s. 94 23Section 94. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:
SB502-SSA1,49,624 938.38 (5) (c) 6. (intro.) If the juvenile has been placed outside of his or her
25home, as described in s. 938.365 (1), in a foster home, group home, nonsecured

1residential care center for children and youth, or shelter care facility for 15 of the
2most recent 22 months, not including any period during which the juvenile was a
3runaway from the out-of-home placement or the first 6 months of any period during
4which the juvenile
was returned to his or her home for a trial home visit
5reunification, the appropriateness of the permanency plan and the circumstances
6which prevent the juvenile from any of the following:
SB502-SSA1, s. 95 7Section 95. 938.38 (5) (c) 6. d. of the statutes is amended to read:
SB502-SSA1,49,118 938.38 (5) (c) 6. d. Being placed in some other alternative planned permanent
9placement living arrangement that includes an appropriate, enduring relationship
10with an adult
, including sustaining care, independent living, or long-term foster
11care, but not including independent living.
SB502-SSA1, s. 96 12Section 96. 938.38 (5) (c) 7. of the statutes is amended to read:
SB502-SSA1,49,1513 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve
14the permanency goal of the permanency plan, including, if appropriate, through an
15out-of-state placement,.
SB502-SSA1, s. 97 16Section 97. 938.38 (5) (f) of the statutes is amended to read:
SB502-SSA1,49,2117 938.38 (5) (f) If the summary prepared under par. (e) indicates that the review
18panel made recommendations that conflict with the court juvenile's dispositional
19order or that provide for additional services not specified in the court dispositional
20order, the agency primarily responsible for providing services to the juvenile shall
21request a revision of the court dispositional order.
SB502-SSA1, s. 98 22Section 98. 938.38 (5m) (title) of the statutes is amended to read:
SB502-SSA1,49,2323 938.38 (5m) (title) Permanency plan hearing.
SB502-SSA1, s. 99 24Section 99. 938.38 (5m) (a) of the statutes is amended to read:
SB502-SSA1,50,7
1938.38 (5m) (a) The court shall hold a hearing to review the permanency plan
2and to make the determinations specified in sub. (5) (c) no later than 12 months after
3the date on which the juvenile was first removed from the home and every 12 months
4after a previous hearing under this subsection for as long as the juvenile is placed
5outside the home. The 12-month periods referred to in this paragraph include any
6period during which the juvenile resides in a trial reunification home under s.
7938.358.
SB502-SSA1, s. 100 8Section 100. 938.38 (5m) (b) of the statutes is amended to read:
SB502-SSA1,50,219 938.38 (5m) (b) Not less than 30 days before the date of the hearing, the court
10shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; and the
11juvenile's foster parent, the operator of the facility in which the juvenile is living, or
12the relative with whom the juvenile is living; of the time, place, and purpose of the
13hearing, of the issues to be determined at the hearing, and of the fact that they shall
14have a right to be heard at the hearing as provided in par. (c) 1. and shall notify
the
15juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the
16permanency plan; the person representing the interests of the public; and, if the
17juvenile is an Indian juvenile who is placed outside the home of his or her parent or
18Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
19custodian and tribe of the date, time, and place, and purpose of the hearing, of the
20issues to be determined at the hearing, and of the fact that they may have an
21opportunity to be heard at the hearing as provided in par. (c) 1
.
SB502-SSA1, s. 101 22Section 101. 938.38 (5m) (f) of the statutes is amended to read:
SB502-SSA1,51,223 938.38 (5m) (f) If the findings of fact and conclusions of law under par. (e)
24conflict with the juvenile's dispositional order or provide for any additional services
25not specified in the dispositional order, the court shall revise the dispositional order

1under s. 938.363 or, order a change in placement under s. 938.357, or order a trial
2reunification under s. 938.358,
as appropriate.
SB502-SSA1, s. 102 3Section 102. 938.38 (6) (a) of the statutes is amended to read:
SB502-SSA1,51,44 938.38 (6) (a) Procedures for conducting permanency plan reviews.
SB502-SSA1, s. 103 5Section 103. Initial applicability.
SB502-SSA1,51,66 (1) Permanency planning for children in out-of-home care.
SB502-SSA1,51,97 (a) Permanency plan contents. Except as provided in paragraph (b ) and
8subsection (2), this act first applies to a permanency plan filed on the effective date
9of this paragraph.
SB502-SSA1,51,1410 (b) Permanency plan reviews and hearings. The treatment of sections 48.38 (5)
11(a) and (c) 5., 5m., and 6. (intro.) and d. and (5m) (a) and (f) and 938.38 (5) (a) and (c)
125., 5m., and 6. (intro.) and d. and (5m) (a) and (f) of the statutes first apply to a hearing
13or review for which a permanency plan is filed or provided on the effective date of this
14paragraph.
SB502-SSA1,51,1515 (2) Trial reunifications for children in out-of-home care.
SB502-SSA1,51,1816 (a) Trial reunifications. The treatment of sections 48.299 (4) (b), 48.335 (4),
1748.358, 938.335 (4), and 938.358 of the statutes first applies to a trial reunification
18requested on the effective date of this paragraph.
SB502-SSA1,51,2119 (b) Revisions of dispositional orders. The treatment of sections 48.363 (1) (a)
20and 938.363 (1) (a) of the statutes first applies to a revision of a dispositional order
21requested or proposed on the effective date of this paragraph.
SB502-SSA1,51,2422 (c) Extensions of dispositional orders. The treatment of sections 48.365 (2g) (b)
233. and (7) and 938.365 (2g) (b) 3. and (7) of the statutes first applies to an extension
24of a dispositional order requested or proposed on the effective date of this paragraph.
SB502-SSA1,52,3
1(d) Terminations of parental rights. The treatment of section 48.417 (1) (a) of
2the statutes first applies to a termination of parental rights petition filed or joined
3in on the effective date of this paragraph.
SB502-SSA1, s. 104 4Section 104. Effective date.
SB502-SSA1,52,65 (1) Permanency planning for children in out-of-home care. This act takes
6effect on November 1, 2012.
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