Wisconsin Legislature: 42,80

938.355 (2) (b) 6d. Except as provided in par. (cd), if the juvenile is placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment:

a. Whether the needs of the juvenile can be met through placement in a foster home.

b. Whether placement of the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the juvenile in the least restrictive environment.

c. Whether the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

d. Whether the court approves or disapproves the placement.

42,71 Section 71. 938.355 (2) (cd) of the statutes is created to read:

938.355 (2) (cd) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required but not available at the time of the order, the court shall defer making the findings under par. (b) 6d. as provided in this paragraph. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under par. (b) 6d.

42,72 Section 72. 938.357 (1) (am) 1. of the statutes is amended to read:

938.357 (1) (am) 1. Except as provided in par. (c), the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in placement under this subsection by causing written notice of the proposed change in placement to be sent to the juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian, and legal custodian of the juvenile, and any foster parent or other physical custodian described in s. 48.62 (2) of the juvenile. If the request is for a change in placement under sub. (3), notice shall be sent to the entity that operates the secured residential care center for children and youth or Type 1 juvenile correctional facility where placement is proposed. If the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall also be sent to the Indian juvenile's Indian custodian and tribe. The notice shall contain the name and address of the new placement, the reasons for the change in placement, whether the new placement is certified under s. 48.675, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan or permanency plan ordered by the court. The person sending the notice shall file the notice with the court on the same day that the notice is sent.

42,73 Section 73. 938.357 (1) (am) 1m. and 1r. of the statutes are created to read:

938.357 (1) (am) 1m. If the proposed change in placement would place the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive the notice under subd. 1. no later than time of filing that notice or, if not available by that time, and except as provided under subd. 1r., no later than 10 days after the notice is filed:

a. Whether the proposed placement will provide the juvenile with the most effective and appropriate level of care in the least restrictive environment.

b. How the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

c. The reasons why the juvenile's needs can or cannot be met by the juvenile's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the juvenile's needs cannot be met in a foster home.

d. The placement preference of the family permanency team under s. 938.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

1r. If, for good cause shown, the information required to be submitted under subd. 1m. is not available by the deadline under that subdivision, the person or agency primarily responsible for implementing the dispositional order shall submit it no later than 30 days after the date on which the placement is made.

42,74 Section 74. 938.357 (1) (c) 1r. of the statutes is created to read:

938.357 (1) (c) 1r. If the proposed change in placement would place the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified in sub. (1) (am) 1m., to the court and to the party that requested the change in placement under subd. 1. no later than the filing of that request or, if not available by that time, no later than 30 days after the date on which the placement was made.

42,75 Section 75. 938.357 (2) (a) of the statutes is renumbered 938.357 (2) (a) 1.

42,76 Section 76. 938.357 (2) (a) 2., 3. and 4. of the statutes are created to read:

938.357 (2) (a) 2. If the emergency change in placement under subd. 1. results in a juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified under sub. (1) (am) 1m. with the notice under subd. 1. or, if not available at that time, and except as provided under subd. 3., no later than 10 days after the filing of that notice.

3. If, for good cause shown, the information required to be submitted under subd. 2. is not available by the deadline under that subdivision, the person or agency primarily responsible for implementing the dispositional order shall submit it no later than 30 days after the date on which the placement was made.

4. If the emergency change in placement under subd. 1. results in a juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the court shall, no later than 60 days after the placement is made, issue an order making the findings under sub. (2v) (a) 5., the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment.

42,77 Section 77. 938.357 (2) (b) 5. and 6. of the statutes are created to read:

938.357 (2) (b) 5. If the emergency change in placement under this paragraph results in a juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified in sub. (1) (am) 1m., to the court and all persons who are required to receive the notice under subd. 2. that requested the change in placement no later than the filing of that request or, if not available by that time, no later than 30 days after the date on which the placement was made.

6. If the emergency change in placement this paragraph results in a juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the court shall, no later than 60 days after the placement is made, issue an order making the findings under sub. (2v) (a) 5., the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment.

42,78 Section 78. 938.357 (2m) (a) of the statutes is renumbered 938.357 (2m) (a) 1.

42,79 Section 79. 938.357 (2m) (a) 2. of the statutes is created to read:

938.357 (2m) (a) 2. If the change in placement results in the juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information under sub. (1) (am) 1m., to the court and to the party that requested the change in placement under subd. 1. no later than the filing of that request or, if not available by that time, no later than 30 days after the date on which the placement was made.

42,80 Section 80. 938.357 (2v) (a) 5. and 6. of the statutes are created to read:

938.357 (2v) (a) 5. Except as provided in subd. 6., if the court changes the placement to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the change-in-placement order shall contain a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment:

a. Whether the needs of the juvenile can be met through placement in a foster home.

c. Whether the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

d. Whether the court approves or disapproves the placement.

6. If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are not available at the time of the order, the court shall defer making the findings under subd. 5. as provided in this paragraph. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under subd. 5.

42,81 Section 81. 938.38 (1) (ag) of the statutes is created to read:

938.38 (1) (ag) “Family permanency team” means the team of individuals assembled under sub. (3m) to participate in a juvenile's permanency planning.

42,82 Section 82. 938.38 (1) (as) of the statutes is created to read:

938.38 (1) (as) “Like-kin” means a person who has a significant emotional relationship with a juvenile or the juvenile's family and to whom any of the following applies:

1. Prior to the juvenile's placement in out-of-home care, the person had an existing relationship with the juvenile or the juvenile's family that is similar to a familial relationship.

2. During the juvenile's placement in out-of-home care, the person developed a relationship with the juvenile or the juvenile's family that is similar to a familial relationship.

42,83 Section 83. 938.38 (1) (bp) of the statutes is created to read:

938.38 (1) (bp) “Qualified residential treatment program” means a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675.

42,84 Section 84. 938.38 (3m) of the statutes is created to read:

938.38 (3m) Family permanency team. If a juvenile is placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 48.355 (2) (b) 6g. shall invite all of the following to participate in permanency planning and may invite others at the agency's discretion:

(a) All appropriate biological family members, relatives, and like-kin of the juvenile, as determined by the agency.

(b) Appropriate professionals who serve as a resource for the family of the juvenile, such as teachers, medical or mental health providers who have treated the juvenile, or clergy.

42,85 Section 85. 938.38 (4) (k) of the statutes is created to read:

938.38 (4) (k) If the juvenile is placed in a qualified residential treatment program, all of the following:

1. Documentation of reasonable and good faith efforts to identify and include all required individuals on the family permanency team.

2. The contact information for the members of the family permanency team.

3. Information showing that meetings of the family permanency team are held at a time and place convenient for the family to the extent possible.

4. If reunification is the juvenile's permanency goal, information demonstrating that the parent from whom the juvenile was removed provided input on the members of the family permanency team or why that input was not obtained.

5. Information showing that the standardized assessment, as determined by the department, was used to determine the appropriateness of the placement in a qualified residential treatment program.

6. The placement preferences of the family permanency team, including a recognition that a juvenile should be placed with his or her siblings unless the court determines that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings.

7. If placement preferences of the family permanency team are not the placement recommended by the qualified individual who conducted the standardized assessment, the reasons why these preferences were not recommended.

8. The recommendations of the qualified individual who conducted the standardized assessment, including all of the following:

a. Whether the recommended placement in a qualified residential treatment program is the placement that will provide the juvenile with the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

b. Whether and why the juvenile's needs can or cannot be met by the juvenile's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the juvenile's needs cannot be met in a foster home.

9. Documentation of the approval or disapproval of the placement in a qualified residential treatment program by a court, if such a determination has been made.

42,86 Section 86. 938.38 (4) (L) of the statutes is created to read:

938.38 (4) (L) If the juvenile is a parent or is pregnant, all of the following:

1. A list of the services or programs to be provided to or on behalf of the juvenile to ensure that the juvenile, if pregnant, is prepared and, if a parent, is able to be a parent.

2. The out-of-home care prevention strategy for any juvenile born to the parenting or pregnant juvenile.

42,87 Section 87. 938.38 (5) (c) 1. of the statutes is amended to read:

938.38 (5) (c) 1. The continuing necessity for and the safety and appropriateness of the placement, subject to par. (cm) and sub. (5m) (c) 4. If the permanency goal of the juvenile's permanency plan is placement of the juvenile in a planned permanent living arrangement described in sub. (4) (fg) 5., the determination under this subdivision shall include an explanation of why the planned permanent living arrangement is the best permanency goal for the juvenile and why, supported by compelling reasons, it continues not to be in the best interests of the juvenile to be returned to his or her home or to be placed for adoption, with a guardian, or with a fit and willing relative.

42,88 Section 88. 938.38 (5) (cm) of the statutes is created to read:

938.38 (5) (cm) If the juvenile is placed in a qualified residential treatment program, the agency that prepared the permanency plan shall submit to the court specific information showing all of the following, which the court shall consider when determining the continuing necessity for and the safety and appropriateness of the placement:

1. Whether ongoing assessment of the strengths and needs of the juvenile continues to support the determination that the needs of the juvenile cannot be met through placement in a foster home, whether the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the juvenile in the least restrictive environment, and how the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the juvenile's permanency plan.

2. The specific treatment or service needs that will be met for the juvenile in the placement and the length of the time the juvenile is expected to need the treatment or services.

3. The efforts made by the agency to prepare the juvenile to return home or to be placed with a fit and willing relative, a guardian, or an adoptive parent or in a foster home.

42,89 Section 89. 938.38 (5) (d) of the statutes is amended to read:

938.38 (5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the juvenile's parent, guardian, and legal custodian, the person representing the interests of the public, the juvenile's counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe a copy of the permanency plan, any information submitted under par. (cm), and any written comments submitted under par. (bm) 1. Notwithstanding s. 938.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the juvenile's counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

42,90 Section 90. 938.38 (5m) (c) 4. of the statutes is created to read:

938.38 (5m) (c) 4. If the juvenile is placed in a qualified residential treatment program, the agency that prepared the permanency plan shall present to the court specific information showing all of the following, which the court shall consider when determining the continuing necessity for and the safety and appropriateness of the placement under sub. (5) (c) 1.:

a. Whether ongoing assessment of the strengths and needs of the juvenile continues to support the determination that the needs of the juvenile cannot be met through placement in a foster home, whether the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the juvenile in the least restrictive environment, and how the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the juvenile's permanency plan.

b. The specific treatment or service needs that will be met for the juvenile in the placement and the length of the time the juvenile is expected to need the treatment or services.

c. The efforts made by the agency to prepare the juvenile to return home or to be placed with a fit and willing relative, a guardian, or an adoptive parent or in a foster home.

42,91 Section 91. 938.38 (5m) (d) of the statutes is amended to read:

938.38 (5m) (d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan, any information submitted under par. (cm), and any written comments submitted under par. (c) 1. to the court, to the juvenile's parent, guardian, and legal custodian, to the person representing the interests of the public, to the juvenile's counsel or guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), to the Indian juvenile's Indian custodian and tribe. Notwithstanding s. 938.78 (2) (a), the person representing the interests of the public, the juvenile's counsel or guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

42,92 Section 92 . Nonstatutory provisions.

(1) Emergency rules concerning qualified residential treatment programs. The department of children and families may promulgate emergency rules under s. 227.24 to implement s. 48.675. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2023, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

42,93 Section 93. Effective dates. This act takes effect on September 29, 2021, except as follows:

(1) Qualified residential treatment programs. The treatment of ss. 48.675, 48.715 (8), and 48.73 and Section 92 (1) of this act take effect on the day after publication.