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SB161,45,2321 938.38 (1) (bp) “Qualified residential treatment program” means a residential
22care center for children and youth, group home, or shelter care facility certified under
23s. 48.675.
SB161,84 24Section 84. 938.38 (3m) of the statutes is created to read:
SB161,46,6
1938.38 (3m) Family permanency team. If a juvenile is placed in a residential
2care center for children and youth, group home, or shelter care facility certified under
3s. 48.675, the agency that placed the juvenile or arranged the placement or the
4agency assigned primary responsibility for providing services to the juvenile under
5s. 48.355 (2) (b) 6g. shall invite all of the following to participate in permanency
6planning and may invite others at the agency's discretion:
SB161,46,87 (a) All appropriate biological family members, relatives, and like-kin of the
8juvenile, as determined by the agency.
SB161,46,119 (b) Appropriate professionals who serve as a resource for the family of the
10juvenile, such as teachers, medical or mental health providers who have treated the
11juvenile, or clergy.
SB161,46,1312 (c) Others identified by a juvenile over the age of 14 as provided under sub.
13(2m).
SB161,85 14Section 85. 938.38 (4) (k) of the statutes is created to read:
SB161,46,1615 938.38 (4) (k) If the juvenile is placed in a qualified residential treatment
16program, all of the following:
SB161,46,1817 1. Documentation of reasonable and good faith efforts to identify and include
18all required individuals on the family permanency team.
SB161,46,1919 2. The contact information for the members of the family permanency team.
SB161,46,2120 3. Information showing that meetings of the family permanency team are held
21at a time and place convenient for the family to the extent possible.
SB161,46,2422 4. If reunification is the juvenile's permanency goal, information
23demonstrating that the parent from whom the juvenile was removed provided input
24on the members of the family permanency team or why that input was not obtained.
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15. Information showing that the standardized assessment, as determined by
2the department, was used to determine the appropriateness of the placement in a
3qualified residential treatment program
SB161,47,74 6. The placement preferences of the family permanency team, including a
5recognition that a juvenile should be placed with his or her siblings unless the court
6determines that a joint placement would be contrary to the safety or well-being of
7the juvenile or any of those siblings.
SB161,47,118 7. If placement preferences of the family permanency team are not the
9placement recommended by the qualified individual who conducted the
10standardized assessment, the reasons why these preferences were not
11recommended.
SB161,47,1312 8. The recommendations of the qualified individual who conducted the
13standardized assessment, including all of the following:
SB161,47,1814 a. Whether the recommended placement in a qualified residential treatment
15program is the placement that will provide the juvenile with the most effective and
16appropriate level of care in the least restrictive environment and how that placement
17is consistent with the short-term and long-term goals for the juvenile, as specified
18in the permanency plan.
SB161,47,2119 b. Whether and why the juvenile's needs can or cannot be met by the juvenile's
20family or in a foster home. A shortage or lack of foster homes is not an acceptable
21reason for determining that the juvenile's needs cannot be met in a foster home.
SB161,47,2322 9. Documentation of the approval or disapproval of the placement in a qualified
23residential treatment program by a court, if such a determination has been made.
SB161,86 24Section 86. 938.38 (4) (L) of the statutes is created to read:
SB161,47,2525 938.38 (4) (L) If the juvenile is a parent or is pregnant, all of the following:
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11. A list of the services or programs to be provided to or on behalf of the juvenile
2to ensure that the juvenile, if pregnant, is prepared and, if a parent, is able to be a
3parent.
SB161,48,54 2. The out-of-home care prevention strategy for any juvenile born to the
5parenting or pregnant juvenile.
SB161,87 6Section 87. 938.38 (5) (c) 1. of the statutes is amended to read:
SB161,48,157 938.38 (5) (c) 1. The continuing necessity for and the safety and
8appropriateness of the placement, subject to par. (cm) and sub. (5m) (c) 4. If the
9permanency goal of the juvenile's permanency plan is placement of the juvenile in
10a planned permanent living arrangement described in sub. (4) (fg) 5., the
11determination under this subdivision shall include an explanation of why the
12planned permanent living arrangement is the best permanency goal for the juvenile
13and why, supported by compelling reasons, it continues not to be in the best interests
14of the juvenile to be returned to his or her home or to be placed for adoption, with a
15guardian, or with a fit and willing relative.
SB161,88 16Section 88. 938.38 (5) (cm) of the statutes is created to read:
SB161,48,2117 938.38 (5) (cm) If the juvenile is placed in a qualified residential treatment
18program, the agency that prepared the permanency plan shall submit to the court
19specific information showing all of the following, which the court shall consider when
20determining the continuing necessity for and the safety and appropriateness of the
21placement:
SB161,49,322 1. Whether ongoing assessment of the strengths and needs of the juvenile
23continues to support the determination that the needs of the juvenile cannot be met
24through placement in a foster home, whether the placement in a qualified residential
25treatment program provides the most effective and appropriate level of care for the

1juvenile in the least restrictive environment, and how the placement is consistent
2with the short-term and long-term goals for the juvenile, as specified in the
3juvenile's permanency plan.
SB161,49,64 2. The specific treatment or service needs that will be met for the juvenile in
5the placement and the length of the time the juvenile is expected to need the
6treatment or services.
SB161,49,97 3. The efforts made by the agency to prepare the juvenile to return home or to
8be placed with a fit and willing relative, a guardian, or an adoptive parent or in a
9foster home.
SB161,89 10Section 89. 938.38 (5) (d) of the statutes is amended to read:
SB161,50,211 938.38 (5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the
12permanency plan shall, at least 5 days before a review by a review panel, provide to
13each person appointed to the review panel, the juvenile's parent, guardian, and legal
14custodian, the person representing the interests of the public, the juvenile's counsel,
15the juvenile's guardian ad litem, and, if the juvenile is an Indian juvenile who is
16placed outside the home of his or her parent or Indian custodian under s. 938.13 (4),
17(6), (6m), or (7), the Indian juvenile's Indian custodian and tribe a copy of the
18permanency plan, any information submitted under par. (cm), and any written
19comments submitted under par. (bm) 1. Notwithstanding s. 938.78 (2) (a), a person
20appointed to a review panel, the person representing the interests of the public, the
21juvenile's counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian
22juvenile who is placed outside the home of his or her parent or Indian custodian
23under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe
24may have access to any other records concerning the juvenile for the purpose of
25participating in the review. A person permitted access to a juvenile's records under

1this paragraph may not disclose any information from the records to any other
2person.
SB161,90 3Section 90. 938.38 (5m) (c) 4. of the statutes is created to read:
SB161,50,84 938.38 (5m) (c) 4. If the juvenile is placed in a qualified residential treatment
5program, the agency that prepared the permanency plan shall present to the court
6specific information showing all of the following, which the court shall consider when
7determining the continuing necessity for and the safety and appropriateness of the
8placement under sub. (5) (c) 1.:
SB161,50,159 a. Whether ongoing assessment of the strengths and needs of the juvenile
10continues to support the determination that the needs of the juvenile cannot be met
11through placement in a foster home, whether the placement in a qualified residential
12treatment program provides the most effective and appropriate level of care for the
13juvenile in the least restrictive environment, and how the placement is consistent
14with the short-term and long-term goals for the juvenile, as specified in the
15juvenile's permanency plan.
SB161,50,1816 b. The specific treatment or service needs that will be met for the juvenile in
17the placement and the length of the time the juvenile is expected to need the
18treatment or services.
SB161,50,2119 c. The efforts made by the agency to prepare the juvenile to return home or to
20be placed with a fit and willing relative, a guardian, or an adoptive parent or in a
21foster home.
SB161,91 22Section 91. 938.38 (5m) (d) of the statutes is amended to read:
SB161,51,1223 938.38 (5m) (d) At least 5 days before the date of the hearing the agency that
24prepared the permanency plan shall provide a copy of the permanency plan, any
25information submitted under par. (cm),
and any written comments submitted under

1par. (c) 1. to the court, to the juvenile's parent, guardian, and legal custodian, to the
2person representing the interests of the public, to the juvenile's counsel or guardian
3ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of
4his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), to the Indian
5juvenile's Indian custodian and tribe. Notwithstanding s. 938.78 (2) (a), the person
6representing the interests of the public, the juvenile's counsel or guardian ad litem,
7and, if the juvenile is an Indian juvenile who is placed outside the home of his or her
8parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's
9Indian custodian and tribe may have access to any other records concerning the
10juvenile for the purpose of participating in the review. A person permitted access to
11a juvenile's records under this paragraph may not disclose any information from the
12records to any other person.
SB161,92 13Section 92 . Nonstatutory provisions.
SB161,51,2214 (1) Emergency rules concerning qualified residential treatment programs.
15The department of children and families may promulgate emergency rules under s.
16227.24 to implement s. 48.675. Notwithstanding s. 227.24 (1) (c) and (2), emergency
17rules promulgated under this subsection remain in effect until July 1, 2023, or the
18date on which permanent rules take effect, whichever is sooner. Notwithstanding
19s. 227.24 (1) (a) and (3), the department is not required to provide evidence that
20promulgating a rule under this subsection as an emergency rule is necessary for the
21preservation of the public peace, health, safety, or welfare and is not required to
22provide a finding of emergency for a rule promulgated under this subsection.
SB161,93 23Section 93. Effective dates. This act takes effect on September 29, 2021,
24except as follows:
SB161,52,3
1(1) Qualified residential treatment programs. The treatment of ss. 48.675,
248.715 (8), and 48.73 and Section 92 (1) of this act take effect on the day after
3publication.
SB161,52,44 (End)
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