AB143,42 14Section 42. 48.38 (5m) (c) 4. of the statutes is created to read:
AB143,24,1915 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.:
AB143,25,220 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.
AB143,25,53 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.
AB143,25,86 c. The efforts made by the agency to prepare the child to return home or to be
7placed with a fit and willing relative, a guardian, or an adoptive parent or in a foster
8home.
AB143,43 9Section 43. 48.38 (5m) (d) of the statutes is amended to read:
AB143,25,2410 48.38 (5m) (d) At least 5 days before the date of the hearing the agency that
11prepared the permanency plan shall provide a copy of the permanency plan, any
12information submitted under par. (bm) 4.,
and any written comments submitted
13under par. (c) 1. to the court, to the child's parent, guardian, and legal custodian, to
14the person representing the interests of the public, to the child's counsel or guardian
15ad litem, to the child's court-appointed special advocate, and, if the child is an Indian
16child who is placed outside the home of his or her parent or Indian custodian, to the
17Indian child's Indian custodian and tribe. Notwithstanding s. 48.78 (2) (a), the
18person representing the interests of the public, the child's counsel or guardian ad
19litem, the child's court-appointed special advocate, and, if the child is an Indian child
20who is placed outside of the home of his or her parent or Indian custodian, the Indian
21child's Indian custodian and tribe may have access to any other records concerning
22the child for the purpose of participating in the review. A person permitted access
23to a child's records under this paragraph may not disclose any information from the
24records to any other person.
AB143,44 25Section 44. 48.437 (1) (a) 2. of the statutes is amended to read:
AB143,26,12
148.437 (1) (a) 2. The notice shall contain the name and address of the new
2placement, the reasons for the change in placement, whether the new placement is
3certified under s. 48.675,
a statement describing why the new placement is
4preferable to the present placement, a statement of how the new placement satisfies
5the objectives of the treatment plan or permanency plan ordered by the court, and,
6if the child is an Indian child who has been removed from the home of his or her
7parent or Indian custodian, a statement as to whether the new placement is in
8compliance with the order of placement preference under s. 48.028 (7) (b) or, if
9applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that
10order, specific information showing good cause, as described in s. 48.028 (7) (e), for
11departing from that order. The person sending the notice shall file the notice with
12the court on the same day the notice is sent.
AB143,45 13Section 45. 48.437 (1) (a) 3. and 4. of the statutes are created to read:
AB143,26,2214 48.437 (1) (a) 3. If the proposed change in placement would place the child in
15a residential care center for children and youth, group home, or shelter care facility
16certified under s. 48.675, the qualified individual shall conduct a standardized
17assessment and the agency appointed as the guardian of the child shall submit it and
18the recommendation of the qualified individual who conducted the standardized
19assessment, including all of the following, to the court and all persons who are
20required to receive the notice under subd. 1. no later than time of filing of that notice,
21or, if not available by that time, and except as provided under subd. 4., no later than
2210 days after the notice is filed:
AB143,26,2423 a. Whether the proposed placement will provide the child with the most
24effective and appropriate level of care in the least restrictive environment.
AB143,27,2
1b. How the placement is consistent with the short-term and long-term goals
2for the child, as specified in the permanency plan.
AB143,27,53 c. The reasons why the child's needs can or cannot be met by the child's family
4or in a foster home. A shortage or lack of foster homes is not an acceptable reason
5for determining that the child's needs cannot be met in a foster home.
AB143,27,86 d. The placement preference of the family permanency team under s. 48.38
7(3m) and, if that preference is not the placement recommended by the qualified
8individual, why that recommended placement is not preferred.
AB143,27,129 4. If, for good cause shown, the information required to be submitted under
10subd. 3. is not available by the deadline under that subdivision, the agency appointed
11as the guardian of the child shall submit it no later than 30 days after the date on
12which the placement is made.
AB143,46 13Section 46. 48.437 (1) (c) of the statutes is amended to read:
AB143,27,2114 48.437 (1) (c) Contents of order. The change-in-placement order shall contain
15the applicable order under sub. (2v) (a), the applicable statement under sub. (2v) (b),
16and the finding applicable findings under sub. (2v) (c) and (d). If the court changes
17the placement of an Indian child who has been removed from the home of his or her
18parent or Indian custodian, the change-in-placement order shall, in addition,
19comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable,
20s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e),
21for departing from that order.
AB143,47 22Section 47. 48.437 (2) of the statutes is renumbered 48.437 (2) (a).
AB143,48 23Section 48. 48.437 (2) (b) and (c) of the statutes are created to read:
AB143,28,624 48.437 (2) (b) 1. If the emergency change in placement under par. (a) results
25in a child being placed in a residential care center for children and youth, group

1home, or shelter care facility certified under s. 48.675, the qualified individual shall
2conduct a standardized assessment and the agency appointed as the guardian of the
3child shall submit it and the recommendation of the qualified individual who
4conducted the standardized assessment, including the information specified under
5sub. (1) (a) 3. with the notice under par. (a) or, if not available at that time, and except
6as provided under subd. 2., no later than 10 days after the filing of that notice.
AB143,28,107 2. If, for good cause shown, the information required to be submitted under
8subd. 1. is not available by the deadline under that subdivision, the agency appointed
9as the guardian of the child shall submit it no later than 30 days after the date on
10which the placement was made.
AB143,28,1711 (c) If the emergency change in placement under par. (a) results in a child being
12placed in a residential care center for children and youth, group home, or shelter care
13facility certified under s. 48.675, the court shall, no later than 60 days after the
14placement is made, issue an order making the findings under sub. (2v) (d) 1., the
15answers to which do not affect whether the placement may be made, after
16considering the standardized assessment and the recommendation of the qualified
17individual who conducted the standardized assessment.
AB143,49 18Section 49. 48.437 (2v) (d) of the statutes is created to read:
AB143,28,2519 48.437 (2v) (d) 1. Except as provided in subd. 2., if the court changes the
20placement to a residential care center for children and youth, group home, or shelter
21care facility certified under s. 48.675, the change-in-placement order shall contain
22a finding as to each of the following, the answers to which do not affect whether the
23placement may be made, after considering the standardized assessment and the
24recommendation of the qualified individual who conducted the standardized
25assessment:
AB143,29,2
1a. Whether the needs of the child can be met through placement in a foster
2home.
AB143,29,63 b. Whether placement of the child in a residential care center for children and
4youth, group home, or shelter care facility certified under s. 48.675 provides the most
5effective and appropriate level of care for the child in the least restrictive
6environment.
AB143,29,87 c. Whether the placement is consistent with the short-term and long-term
8goals for the child, as specified in the permanency plan.
AB143,29,99 d. Whether the court approves or disapproves the placement.