SB532,15 Section 15. 938.293 (2) of the statutes is amended to read:

SB532,12,17 938.293 (2) Records relating to juvenile. All records relating to a juvenile which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party or by counsel for any foster parent or other physical custodian described in s. 938.357 (2r) (b), upon demand and upon presentation of releases where when necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the materials records to the juvenile or, the parent, or the juvenile's foster parent or other physical custodian described in s. 938.357 (2r) (b) if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Section 971.23 shall be applicable in all delinquency proceedings under this chapter, except that the court shall establish the timetable for the disclosures required under s. 971.23 (1), (2m), (8), and (9).

SB532,16 Section 16. 938.295 (1) (b) of the statutes is amended to read:

SB532,12,22 938.295 (1) (b) The court shall hear any objections by the juvenile and the juvenile's parents, guardian, or legal custodian or the juvenile's foster parent or other physical custodian described in s. 938.357 (2r) (b) to the request under par. (a) for an examination or assessment before ordering the examination or assessment.

SB532,17 Section 17. 938.295 (3) of the statutes is amended to read:

SB532,13,3 938.295 (3) Objection to a particular professional. If the juvenile or, a parent, or the juvenile's foster parent or other physical custodian described in s. 938.357 (2r) (b) objects to a particular physician, psychiatrist, licensed psychologist, or other expert, the court shall appoint a different physician, psychiatrist, psychologist, or other expert.

SB532,18 Section 18. 938.357 (2r) of the statutes is renumbered 938.357 (2r) (a) and amended to read:

SB532,13,16 938.357 (2r) (a) If a hearing is held under sub. (1) (am) 2. or (2m) (b) 1. and the change in placement would remove a juvenile from a foster home or other placement with a physical custodian described in s. 48.62 (2) in which the juvenile has been placed for less than 6 months, the court shall give the foster parent or other physical custodian a right to be heard at the hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested change in placement. A foster parent or other physical custodian who receives notice of a hearing under sub. (1) (am) 1. or (2m) (b) 2. and a right to be heard under this subsection paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

SB532,19 Section 19. 938.357 (2r) (b) of the statutes is created to read:

SB532,14,8 938.357 (2r) (b) If a hearing is held under sub. (1) (am) 2. or (2m) (b) 1. and the change in placement would remove a juvenile from a foster home or other placement with a physical custodian described in s. 48.62 (2) in which the juvenile has been placed for 6 months or more, the foster parent or other physical custodian shall become a party to the proceeding and, as a party, shall have the right to be heard as described in par. (a), to be represented by counsel, to request an examination or assessment of the juvenile under s. 938.295 by an expert of the foster parent's or other physical custodian's own choosing, to present evidence relative to the issue of placement, including expert testimony, to confront and cross-examine witnesses, and to make alternative placement recommendations. In addition, counsel for the foster parent or other physical custodian may inspect and obtain copies of all records relating to the juvenile as provided under s. 938.293. If counsel for the foster parent or other physical custodian discloses a record to the foster parent or other physical custodian, counsel shall advise that person that the information contained in the record is confidential and may be disclosed only for the purpose of participating in the change-in-placement proceeding.

SB532,20 Section 20. 938.78 (2) (a) of the statutes is amended to read:

SB532,14,14 938.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396 (3) (bm) or (c) 1r., 938.293 (2), 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c) 1r., 938.51, or 938.57 (2m) or by order of the court.

SB532,21 Section 21 . Initial applicability.

SB532,14,20 (1) Changes in placement. The treatment of ss. 48.293 (2), 48.295 (1) and (3), 48.357 (1) (am) 2. a., 48.78 (2) (a), 938.293 (2), 938.295 (1) (b) and (3), and 938.78 (2) (a), the renumbering and amendment of ss. 48.357 (2r), 48.437 (2r), and 938.357 (2r), and the creation of ss. 48.357 (2r) (b), 48.437 (2r) (b), and 938.357 (2r) (b) first apply to a change of placement requested on the effective date of this subsection.

SB532,14,24 (2) Decisions affecting out-of-home placements. The renumbering and amendment of s. 48.64 (4) (a) and (c) and the creation of s. 48.64 (4) (a) 2. and (c) 3. first apply to a decision or order of an agency involving the placement and care of a child issued on the effective date of this subsection.

SB532,14,25 (End)