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48.38
(4) (k) If the child is placed in a qualified residential treatment program,
3all of the following:
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1. Documentation of reasonable and good faith efforts to identify and include
5all required individuals on the family permanency team.
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2. The contact information for the members of the family permanency team.
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3. Information showing that meetings of the family permanency team are held
8at a time and place convenient for the family to the extent possible.
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4. If reunification is the child's permanency goal, information demonstrating
10that the parent from whom the child was removed provided input on the members
11of the family permanency team or why that input was not obtained.
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5. Information showing that the standardized assessment, as determined by
13the department, was used to determine the appropriateness of the placement in a
14qualified residential treatment program
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6. The placement preferences of the family permanency team, including a
16recognition that a child should be placed with his or her siblings unless the court
17determines that a joint placement would be contrary to the safety or well-being of
18the child or any of those siblings.
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7. If placement preferences of the family permanency team are not the
20placement recommended by the qualified individual who conducted the
21standardized assessment, the reasons why these preferences were not
22recommended.
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8. The recommendations of the qualified individual who conducted the
24standardized assessment, including all of the following:
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1a. Whether the recommended placement in a qualified residential treatment
2program is the placement that will provide the child with the most effective and
3appropriate level of care in the least restrictive environment and how that placement
4is consistent with the short-term and long-term goals for the child, as specified in
5the permanency plan.
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b. Whether and why the child's needs can or cannot be met by the child's family
7or in a foster home. A shortage or lack of foster homes is not an acceptable reason
8for determining that the child's needs cannot be met in a foster home.
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9. Documentation of the approval or disapproval of the placement in a qualified
10residential treatment program by a court, if such a determination has been made.
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11Section
38. 48.38 (4) (L) of the statutes is created to read:
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48.38
(4) (L) If the child is a parent or is pregnant, all of the following:
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1. A list of the services or programs to be provided to or on behalf of the child
14to ensure that the child, if pregnant, is prepared and, if a parent, is able to be a
15parent.
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2. The out-of-home care prevention strategy for any child born to the parenting
17or pregnant child.
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18Section
39. 48.38 (5) (bm) 4. of the statutes is created to read:
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48.38
(5) (bm) 4. If the child is placed in a qualified residential treatment
20program, the agency that prepared the permanency plan shall submit to the court
21or panel specific information showing all of the following, which the court or panel
22shall consider when determining the continuing necessity for and the safety and
23appropriateness of the placement:
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a. Whether ongoing assessment of the strengths and needs of the child
25continues to support the determination that the needs of the child cannot be met
1through placement in a foster home, whether the placement in a qualified residential
2treatment program provides the most effective and appropriate level of care for the
3child in the least restrictive environment, and how the placement is consistent with
4the short-term and long-term goals for the child, as specified in the child's
5permanency plan.
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b. The specific treatment or service needs that will be met for the child in the
7placement and the length of the time the child is expected to need the treatment or
8services.
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c. The efforts made by the agency to prepare the child to return home or to be
10placed with a fit and willing relative, a guardian, or an adoptive parent or in a foster
11home.
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12Section
40. 48.38 (5) (c) 1. of the statutes is amended to read:
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48.38
(5) (c) 1. The continuing necessity for and the safety and appropriateness
14of the placement
, subject to par. (bm) 4. and sub. (5m) (c) 4. If the permanency goal
15of the child's permanency plan is placement of the child in a planned permanent
16living arrangement described in sub. (4) (fg) 5., the determination under this
17subdivision shall include an explanation of why the planned permanent living
18arrangement is the best permanency goal for the child and why, supported by
19compelling reasons, it continues not to be in the best interests of the child to be
20returned to his or her home or to be placed for adoption, with a guardian, or with a
21fit and willing relative.
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22Section
41. 48.38 (5) (d) of the statutes is amended to read:
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48.38
(5) (d) Notwithstanding s. 48.78 (2) (a), the agency that prepared the
24permanency plan shall, at least 5 days before a review by a review panel, provide to
25each person appointed to the review panel, the child's parent, guardian, and legal
1custodian, the person representing the interests of the public, the child's counsel, the
2child's guardian ad litem, the child's court-appointed special advocate, and, if the
3child is an Indian child who is placed outside the home of his or her parent or Indian
4custodian, the Indian child's Indian custodian and tribe a copy of the permanency
5plan
, any information submitted under par. (bm) 4., and any written comments
6submitted under par. (bm) 1. Notwithstanding s. 48.78 (2) (a), a person appointed
7to a review panel, the person representing the interests of the public, the child's
8counsel, the child's guardian ad litem, the child's court-appointed special advocate,
9and, if the child is an Indian child who is placed outside the home of his or her parent
10or Indian custodian, the Indian child's Indian custodian and tribe may have access
11to any other records concerning the child for the purpose of participating in the
12review. A person permitted access to a child's records under this paragraph may not
13disclose any information from the records to any other person.
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14Section
42. 48.38 (5m) (c) 4. of the statutes is created to read:
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48.38
(5m) (c) 4. If the child is placed in a qualified residential treatment
16program, the agency that prepared the permanency plan shall present to the court
17specific information showing all of the following, which the court shall consider when
18determining the continuing necessity for and the safety and appropriateness of the
19placement under sub. (5) (c) 1.:
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a. Whether ongoing assessment of the strengths and needs of the child
21continues to support the determination that the needs of the child cannot be met
22through placement in a foster home, whether the placement in a qualified residential
23treatment program provides the most effective and appropriate level of care for the
24child in the least restrictive environment, and how the placement is consistent with
1the short-term and long-term goals for the child, as specified in the child's
2permanency plan.
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b. The specific treatment or service needs that will be met for the child in the
4placement and the length of the time the child is expected to need the treatment or
5services.