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AB68,697,2119 1. Prior to the child's placement in out-of-home care, the person had an
20existing relationship with the child or the child's family that is similar to a familial
21relationship.
AB68,697,2422 2. During the child's placement in out-of-home care, the person developed a
23relationship with the child or the child's family that is similar to a familial
24relationship.
AB68,855 25Section 855. 48.38 (1) (c) of the statutes is created to read:
AB68,698,3
148.38 (1) (c) “Qualified residential treatment program” means a residential
2care center for children and youth, group home, or shelter care facility certified under
3s. 48.675.
AB68,856 4Section 856. 48.38 (3m) of the statutes is created to read:
AB68,698,95 48.38 (3m) Family permanency team. If a child is placed in a qualified
6residential treatment program, the agency that placed the child or arranged the
7placement or the agency assigned primary responsibility for providing services to the
8child under s. 48.355 (2) (b) 6g. shall invite all of the following to participate in
9permanency planning and may invite others at the agency's discretion:
AB68,698,1110 (a) All appropriate biological family members, relatives, and like-kin of the
11child, as determined by the agency.
AB68,698,1412 (b) Appropriate professionals who serve as a resource for the family of the child,
13such as teachers, medical or mental health providers who have treated the child, or
14clergy.
AB68,698,1515 (c) Others identified by a child over the age of 14 as provided under sub. (2m).
AB68,857 16Section 857. 48.38 (4) (k) of the statutes is created to read:
AB68,698,1817 48.38 (4) (k) If the child is placed in a qualified residential treatment program,
18all of the following:
AB68,698,2019 1. Documentation of reasonable and good faith efforts to identify and include
20all required individuals on the family permanency team.
AB68,698,2121 2. The contact information for the members of the family permanency team.
AB68,698,2322 3. Information showing that meetings of the family permanency team are held
23at a time and place convenient for the family to the extent possible.
AB68,699,3
14. If reunification is the child's permanency goal, information demonstrating
2that the parent from whom the child was removed provided input on the members
3of the family permanency team or why that input was not obtained.
AB68,699,64 5. Information showing that the standardized assessment, as determined by
5the department, was used to determine the appropriateness of the placement in a
6qualified residential treatment program
AB68,699,107 6. The placement preferences of the family permanency team, including a
8recognition that a child should be placed with his or her siblings unless the court
9determines that a joint placement would be contrary to the safety or well-being of
10the child or any of those siblings.
AB68,699,1411 7. If placement preferences of the family permanency team are not the
12placement recommended by the qualified individual who conducted the
13standardized assessment, the reasons why these preferences were not
14recommended.
AB68,699,1615 8. The recommendations of the qualified individual who conducted the
16standardized assessment, including all of the following:
AB68,699,2117 a. Whether the recommended placement in a qualified residential treatment
18program is the placement that will provide the child with the most effective and
19appropriate level of care in the least restrictive environment and how that placement
20is consistent with the short-term and long-term goals for the child, as specified in
21the permanency plan.
AB68,699,2422 b. Whether and why the child's needs can or cannot be met by the child's family
23or in a foster home. A shortage or lack of foster homes is not an acceptable reason
24for determining that the child's needs cannot be met in a foster home.
AB68,700,2
19. Documentation of the approval or disapproval of the placement in a qualified
2residential treatment program by a court, if such a determination has been made.
AB68,858 3Section 858. 48.38 (4) (L) of the statutes is created to read:
AB68,700,44 48.38 (4) (L) If the child is a parent or is pregnant, all of the following:
AB68,700,75 1. A list of the services or programs to be provided to or on behalf of the child
6to ensure that the child, if pregnant, is prepared and, if a parent, is able to be a
7parent.
AB68,700,98 2. The out-of-home care prevention strategy for any child born to the parenting
9or pregnant child.
AB68,859 10Section 859. 48.38 (5) (bm) 4. of the statutes is created to read:
AB68,700,1511 48.38 (5) (bm) 4. If the child is placed in a qualified residential treatment
12program, the agency that prepared the permanency plan shall submit to the court
13or panel specific information showing all of the following, which the court or panel
14shall consider when determining the continuing necessity for and the safety and
15appropriateness of the placement:
AB68,700,2216 a. Whether ongoing assessment of the strengths and needs of the child
17continues to support the determination that the needs of the child cannot be met
18through placement in a foster home, whether the placement in a qualified residential
19treatment program provides the most effective and appropriate level of care for the
20child in the least restrictive environment, and how the placement is consistent with
21the short-term and long-term goals for the child, as specified in the child's
22permanency plan.
AB68,700,2523 b. The specific treatment or service needs that will be met for the child in the
24placement and the length of the time the child is expected to need the treatment or
25services.
AB68,701,3
1c. The efforts made by the agency to prepare the child to return home or to be
2placed with a fit and willing relative, a guardian, or an adoptive parent or in a foster
3home.
AB68,860 4Section 860. 48.38 (5) (c) 1. of the statutes is amended to read:
AB68,701,135 48.38 (5) (c) 1. The continuing necessity for and the safety and appropriateness
6of the placement, subject to par. (bm) 4. and sub. (5m) (c) 4. If the permanency goal
7of the child's permanency plan is placement of the child in a planned permanent
8living arrangement described in sub. (4) (fg) 5., the determination under this
9subdivision shall include an explanation of why the planned permanent living
10arrangement is the best permanency goal for the child and why, supported by
11compelling reasons, it continues not to be in the best interests of the child to be
12returned to his or her home or to be placed for adoption, with a guardian, or with a
13fit and willing relative.
AB68,861 14Section 861. 48.38 (5) (d) of the statutes is amended to read:
AB68,702,515 48.38 (5) (d) Notwithstanding s. 48.78 (2) (a), the agency that prepared the
16permanency plan shall, at least 5 days before a review by a review panel, provide to
17each person appointed to the review panel, the child's parent, guardian, and legal
18custodian, the person representing the interests of the public, the child's counsel, the
19child's guardian ad litem, the child's court-appointed special advocate, and, if the
20child is an Indian child who is placed outside the home of his or her parent or Indian
21custodian, the Indian child's Indian custodian and tribe a copy of the permanency
22plan, any information submitted under par. (bm) 4., and any written comments
23submitted under par. (bm) 1. Notwithstanding s. 48.78 (2) (a), a person appointed
24to a review panel, the person representing the interests of the public, the child's
25counsel, the child's guardian ad litem, the child's court-appointed special advocate,

1and, if the child is an Indian child who is placed outside the home of his or her parent
2or Indian custodian, the Indian child's Indian custodian and tribe may have access
3to any other records concerning the child for the purpose of participating in the
4review. A person permitted access to a child's records under this paragraph may not
5disclose any information from the records to any other person.
AB68,862 6Section 862. 48.38 (5m) (c) 4. of the statutes is created to read:
AB68,702,117 48.38 (5m) (c) 4. If the child is placed in a qualified residential treatment
8program, the agency that prepared the permanency plan shall present to the court
9specific information showing all of the following, which the court shall consider when
10determining the continuing necessity for and the safety and appropriateness of the
11placement under sub. (5) (c) 1.:
AB68,702,1812 a. Whether ongoing assessment of the strengths and needs of the child
13continues to support the determination that the needs of the child cannot be met
14through placement in a foster home, whether the placement in a qualified residential
15treatment program provides the most effective and appropriate level of care for the
16child in the least restrictive environment, and how the placement is consistent with
17the short-term and long-term goals for the child, as specified in the child's
18permanency plan.
AB68,702,2119 b. The specific treatment or service needs that will be met for the child in the
20placement and the length of the time the child is expected to need the treatment or
21services.
AB68,702,2422 c. The efforts made by the agency to prepare the child to return home or to be
23placed with a fit and willing relative, a guardian, or an adoptive parent or in a foster
24home.
AB68,863 25Section 863. 48.38 (5m) (d) of the statutes is amended to read:
AB68,703,15
148.38 (5m) (d) At least 5 days before the date of the hearing the agency that
2prepared the permanency plan shall provide a copy of the permanency plan, any
3information submitted under par. (bm) 4.,
and any written comments submitted
4under par. (c) 1. to the court, to the child's parent, guardian, and legal custodian, to
5the person representing the interests of the public, to the child's counsel or guardian
6ad litem, to the child's court-appointed special advocate, and, if the child is an Indian
7child who is placed outside the home of his or her parent or Indian custodian, to the
8Indian child's Indian custodian and tribe. Notwithstanding s. 48.78 (2) (a), the
9person representing the interests of the public, the child's counsel or guardian ad
10litem, the child's court-appointed special advocate, and, if the child is an Indian child
11who is placed outside of the home of his or her parent or Indian custodian, the Indian
12child's Indian custodian and tribe may have access to any other records concerning
13the child for the purpose of participating in the review. A person permitted access
14to a child's records under this paragraph may not disclose any information from the
15records to any other person.
AB68,864 16Section 864. 48.396 (1) of the statutes is amended to read:
AB68,704,1717 48.396 (1) Law enforcement officers' records of children shall be kept separate
18from records of adults. Law enforcement officers' records of the adult expectant
19mothers of unborn children shall be kept separate from records of other adults. Law
20enforcement officers' records of children and the adult expectant mothers of unborn
21children shall not be open to inspection or their contents disclosed except under sub.
22(1b), (1d), (5), or (6) or s. 48.293 or 938.396 (2m) (c) 1p. or by order of the court. This
23subsection does not apply to the representatives of newspapers or other reporters of
24news who wish to obtain information for the purpose of reporting news without
25revealing the identity of the child or adult expectant mother involved, to the

1confidential exchange of information between the police and officials of the public or
2private school attended by the child or other law enforcement or social welfare
3agencies, or to children 10 12 years of age or older who are subject to the jurisdiction
4of the court of criminal jurisdiction. A public school official who obtains information
5under this subsection shall keep the information confidential as required under s.
6118.125, and a private school official who obtains information under this subsection
7shall keep the information confidential in the same manner as is required of a public
8school official under s. 118.125. This subsection does not apply to the confidential
9exchange of information between the police and officials of the tribal school attended
10by the child if the police determine that enforceable protections are provided by a
11tribal school policy or tribal law that requires tribal school officials to keep the
12information confidential in a manner at least as stringent as is required of a public
13school official under s. 118.125. A law enforcement agency that obtains information
14under this subsection shall keep the information confidential as required under this
15subsection and s. 938.396 (1) (a). A social welfare agency that obtains information
16under this subsection shall keep the information confidential as required under ss.
1748.78 and 938.78.
AB68,865 18Section 865 . 48.396 (2) (dm) of the statutes is amended to read:
AB68,705,419 48.396 (2) (dm) Upon request of a court having jurisdiction over actions
20affecting the family, an attorney responsible for support enforcement under s. 59.53
21(6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's
22attorney or the guardian ad litem for the child who is the subject of that proceeding
23to review or be provided with information from the records of the court assigned to
24exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child
25for the purpose of determining the paternity of the child or for the purpose of

1rebutting the presumption of paternity parentage under s. 891.405, 891.407, or
2891.41 (1), the court assigned to exercise jurisdiction under this chapter and ch. 938
3shall open for inspection by the requester its records relating to the paternity of the
4child or disclose to the requester those records.
AB68,866 5Section 866 . 48.42 (1g) (a) 4. of the statutes is amended to read:
AB68,705,76 48.42 (1g) (a) 4. A statement identifying any man person who has lived in a
7familial relationship with the child and who may be the father a parent of the child.
AB68,867 8Section 867 . 48.42 (1g) (b) of the statutes is amended to read:
AB68,705,179 48.42 (1g) (b) The petitioner shall notify any man person identified in the
10affidavit under par. (a) as an alleged father parent of his the right to file a declaration
11of paternal parental interest under s. 48.025 before the birth of the child, within 14
12days after the birth of the child, or within 21 days after the date on which the notice
13is mailed, whichever is later; of the birth date or anticipated birth date of the child;
14and of the consequences of filing or not filing a declaration of paternal parental
15interest. The petitioner shall include with the notice a copy of the form required to
16file a declaration of paternal parental interest under s. 48.025. The notice shall be
17sent by certified mail to the last-known address of the alleged father parent.
AB68,868 18Section 868 . 48.42 (1g) (c) of the statutes is amended to read:
AB68,705,2019 48.42 (1g) (c) If an affidavit under par. (a) is not filed with the petition, notice
20shall be given to an alleged father parent under sub. (2).
AB68,869 21Section 869 . 48.42 (2) (b) 1. of the statutes is amended to read:
AB68,705,2422 48.42 (2) (b) 1. A person who has filed an unrevoked declaration of paternal
23parental interest under s. 48.025 before the birth of the child or within 14 days after
24the birth of the child.
AB68,870 25Section 870 . 48.42 (2) (b) 2. of the statutes is amended to read:
AB68,706,4
148.42 (2) (b) 2. A person or persons alleged to the court to be the father a parent
2of the child or who may, based upon the statements of the mother parent who gave
3birth to the child
or other information presented to the court, be the father parent
4of the child unless that person has waived the right to notice under s. 48.41 (2) (c).
AB68,871 5Section 871 . 48.42 (2) (bm) 1. of the statutes is amended to read:
AB68,706,96 48.42 (2) (bm) 1. A person who has filed an unrevoked declaration of paternal
7parental interest under s. 48.025 before the birth of the child, within 14 days after
8the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed,
9whichever is later.
AB68,872 10Section 872 . 48.422 (6) (a) of the statutes is amended to read:
AB68,706,2011 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose
12parents do not subsequently intermarry under s. 767.803 and for whom paternity
13has not been established, or for whom a declaration of paternal parental interest has
14not been filed under s. 48.025 within 14 days after the date of birth of the child or,
15if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under
16s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the paternity
17parentage of the child. Based on the testimony, the court shall determine whether
18all interested parties who are known have been notified under s. 48.42 (2) and (2g)
19(ag). If not, the court shall adjourn the hearing and order appropriate notice to be
20given.
AB68,873 21Section 873 . 48.422 (7) (bm) of the statutes is amended to read:
AB68,707,1422 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has
23been identified. If a proposed adoptive parent of the child has been identified and
24the proposed adoptive parent is not a relative of the child, the court shall order the
25petitioner to submit a report to the court containing the information specified in s.

148.913 (7). The court shall review the report to determine whether any payments or
2agreement to make payments set forth in the report are coercive to the birth parent
3of the child or to an alleged to or presumed father parent of the child or are
4impermissible under s. 48.913 (4). Making any payment to or on behalf of the any
5birth parent of the child, an, alleged or presumed father parent of the child, or the
6child conditional in any part upon transfer or surrender of the child or the
7termination of parental rights or the finalization of the adoption creates a rebuttable
8presumption of coercion. Upon a finding of coercion, the court shall dismiss the
9petition or amend the agreement to delete any coercive conditions, if the parties
10agree to the amendment. Upon a finding that payments which that are
11impermissible under s. 48.913 (4) have been made, the court may dismiss the petition
12and may refer the matter to the district attorney for prosecution under s. 948.24 (1).
13This paragraph does not apply if the petition was filed with a petition for adoptive
14placement under s. 48.837 (2).
AB68,874 15Section 874 . 48.422 (7) (br) of the statutes is amended to read:
AB68,707,1816 48.422 (7) (br) Establish whether any person has coerced a birth parent or any
17alleged or presumed father parent of the child in violation of s. 48.63 (3) (b) 5. Upon
18a finding of coercion, the court shall dismiss the petition.
AB68,875 19Section 875 . 48.423 (2) (d) of the statutes is amended to read:
AB68,707,2220 48.423 (2) (d) That the person has complied with the requirements of the state
21where the mother birth parent previously resided or was located to protect and
22preserve his paternal or her parental interests in matters affecting the child.
AB68,876 23Section 876 . 48.432 (1) (am) 2. b. of the statutes is amended to read:
AB68,708,3
148.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the
2mother at the time the individual or adoptee is conceived or born, or when the parents
3intermarry under s. 767.803.
AB68,877 4Section 877. 48.437 (1) (a) 2. of the statutes is amended to read:
AB68,708,165 48.437 (1) (a) 2. The notice shall contain the name and address of the new
6placement, the reasons for the change in placement, whether the new placement is
7certified under s. 48.675,
a statement describing why the new placement is
8preferable to the present placement, a statement of how the new placement satisfies
9the objectives of the treatment plan or permanency plan ordered by the court, and,
10if the child is an Indian child who has been removed from the home of his or her
11parent or Indian custodian, a statement as to whether the new placement is in
12compliance with the order of placement preference under s. 48.028 (7) (b) or, if
13applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that
14order, specific information showing good cause, as described in s. 48.028 (7) (e), for
15departing from that order. The person sending the notice shall file the notice with
16the court on the same day the notice is sent.
AB68,878 17Section 878. 48.437 (1) (a) 3. and 4. of the statutes are created to read:
AB68,709,218 48.437 (1) (a) 3. If the proposed change in placement would place the child in
19a residential care center for children and youth, group home, or shelter care facility
20certified under s. 48.675, the qualified individual shall conduct a standardized
21assessment and the agency appointed as the guardian of the child shall submit it and
22the recommendation of the qualified individual who conducted the standardized
23assessment, including all of the following, to the court and all persons who are
24required to receive the notice under subd. 1. no later than time of filing of that notice,

1or, if not available by that time, and except as provided under subd. 4., no later than
210 days after the notice is filed:
AB68,709,43 a. Whether the proposed placement will provide the child with the most
4effective and appropriate level of care in the least restrictive environment.
AB68,709,65 b. How the placement is consistent with the short-term and long-term goals
6for the child, as specified in the permanency plan.
AB68,709,97 c. The reasons why the child's needs can or cannot be met by the child's family
8or in a foster home. A shortage or lack of foster homes is not an acceptable reason
9for determining that the child's needs cannot be met in a foster home.
AB68,709,1210 d. The placement preference of the family permanency team under s. 48.38
11(3m) and, if that preference is not the placement recommended by the qualified
12individual, why that recommended placement is not preferred.
AB68,709,1613 4. If, for good cause shown, the information required to be submitted under
14subd. 3. is not available by the deadline under that subdivision, the agency appointed
15as the guardian of the child shall submit it no later than 30 days after the date on
16which the placement is made.
AB68,879 17Section 879. 48.437 (1) (c) of the statutes is amended to read:
AB68,709,2518 48.437 (1) (c) Contents of order. The change-in-placement order shall contain
19the applicable order under sub. (2v) (a), the applicable statement under sub. (2v) (b),
20and the finding applicable findings under sub. (2v) (c) and (d). If the court changes
21the placement of an Indian child who has been removed from the home of his or her
22parent or Indian custodian, the change-in-placement order shall, in addition,
23comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable,
24s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e),
25for departing from that order.
AB68,880
1Section 880. 48.437 (2) of the statutes is renumbered 48.437 (2) (a).
AB68,881 2Section 881. 48.437 (2) (b) and (c) of the statutes are created to read:
AB68,710,103 48.437 (2) (b) 1. If the emergency change in placement under par. (a) results
4in a child being placed in a residential care center for children and youth, group
5home, or shelter care facility certified under s. 48.675, the qualified individual shall
6conduct a standardized assessment and the agency appointed as the guardian of the
7child shall submit it and the recommendation of the qualified individual who
8conducted the standardized assessment, including the information specified under
9sub. (1) (a) 3. with the notice under par. (a) or, if not available at that time, and except
10as provided under subd. 2., no later than 10 days after the filing of that notice.
AB68,710,1411 2. If, for good cause shown, the information required to be submitted under
12subd. 1. is not available by the deadline under that subdivision, the agency appointed
13as the guardian of the child shall submit it no later than 30 days after the date on
14which the placement was made.
AB68,710,2115 (c) If the emergency change in placement under par. (a) results in a child being
16placed in a residential care center for children and youth, group home, or shelter care
17facility certified under s. 48.675, the court shall, no later than 60 days after the
18placement is made, issue an order making the findings under sub. (2v) (d) 1., the
19answers to which do not affect whether the placement may be made, after
20considering the standardized assessment and the recommendation of the qualified
21individual who conducted the standardized assessment.
AB68,882 22Section 882. 48.437 (2v) (d) of the statutes is created to read:
AB68,711,423 48.437 (2v) (d) 1. Except as provided in subd. 2., if the court changes the
24placement to a residential care center for children and youth, group home, or shelter
25care facility certified under s. 48.675, the change-in-placement order shall contain

1a finding as to each of the following, the answers to which do not affect whether the
2placement may be made, after considering the standardized assessment and the
3recommendation of the qualified individual who conducted the standardized
4assessment:
AB68,711,65 a. Whether the needs of the child can be met through placement in a foster
6home.
AB68,711,107 b. Whether placement of the child in a residential care center for children and
8youth, group home, or shelter care facility certified under s. 48.675 provides the most
9effective and appropriate level of care for the child in the least restrictive
10environment.
AB68,711,1211 c. Whether the placement is consistent with the short-term and long-term
12goals for the child, as specified in the permanency plan.
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