Requiring consultation with a child in determining and reviewing his or her permanency plan; requiring agencies, in making reasonable efforts to place a child in a permanent placement, to include efforts to place the child outside this state; requiring juvenile courts to take certain actions to expedite the interstate placement of children; requiring juvenile courts to give a child's out-of-home care provider the right to be heard in proceedings involving the child; requiring notice to relatives when a child is removed from the home; requiring reasonable efforts to place siblings together or to provide for visitation between siblings; requiring agencies to assist children in developing a plan for transition to independent living; requiring health care providers to report cases of infants with controlled substances in their bodily fluids to the agency responsible for investigating suspected child abuse or neglect; authorizing circuit court commissioners to conduct permanency plan reviews and hearings; specifying certain placements for purposes of calculating how long a child has been placed outside the home for purposes of filing a termination of parental rights petition; and permitting disclosure of information to a relative of a child for purposes of facilitating placement of the child with the relative or to a public or private agency in this state or any other state for purposes of investigating a proposed foster or adoptive placement

Also, under current federal law, to be eligible for a grant under the Child Abuse Prevention and Treatment Act (CAPTA) a state must have in effect a state plan that meets certain conditions specified in CAPTA, including a requirement that a health care provider report to the child protective services system infants who are affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure. This bill conforms current state law relating to the reporting of infants whose bodily fluids contain a controlled substance to that requirement of CAPTA.

Finally, the bill authorizes a circuit court commissioner assigned to assist in juvenile matters to review a child's permanency plan, which is a plan designed to ensure that the child is reunified with his or her family whenever appropriate or that the child quickly attains a placement or home providing long-term stability;

specifies certain placements for purposes of determining whether the child has been placed in an out-of-home placement for 15 of the most recent 22 months, which triggers a requirement that a termination of parental rights (TPR) petition be filed;

and permits disclosure of information to a relative of a child for purposes of facilitating placement of the child with the relative or to a public or private agency in this state or any other state for purposes of investigating a proposed foster or adoptive placement.

Permanency planning for children in out-of-home care Current law.

Under current law, for each child living in an out-of-home placement, the county department of human services or social services (county department), the licensed child welfare agency, or, in Milwaukee County, the Department of Children and Families (DCF) that placed the child or arranged the placement of the child or the agency assigned primary responsibility for providing services to the child (collectively "agency") must prepare a permanency plan for the child. A permanency plan must describe, among other things, the goal or goals of the permanency plan, with those goals being either the safe return of the child to the home or placement of the child for adoption, with a guardian, in the home of a relative, or in some other alternative permanent placement.

Under current law, the court assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice Code (juvenile court) or a panel appointed by the juvenile court (permanency plan review panel) must review a child's permanency plan every six months to determine, among other things, the continuing necessity for and appropriateness of the placement, the progress being made toward eliminating the causes of the child's placement and returning the child to the home or obtaining a permanent placement for the child, and whether reasonable efforts are being made to achieve the goal of the child's permanency plan (permanency plan review). In addition, the juvenile court must hold a hearing to review a child's permanency plan no later than 12 months after the child is removed from the home and every 12 months after that hearing, which hearing may be held instead of or in addition to the permanency plan review (permanency plan hearing).

Consultation with child.

The Child and Family Services Improvement Act of 2006 requires a state's case review system to include procedural safeguards to assure that the court or administrative body conducting a permanency plan hearing consults, in an age-appropriate manner, with the child regarding the proposed permanency plan for the child.

This bill requires a child's permanency plan to include a statement as to whether the child's age and developmental level are sufficient for the juvenile court to consult with the child at the permanency plan determination hearing or at the permanency plan hearing or for the juvenile court or permanency plan review panel to consult with the child at the permanency plan review. If the child's permanency plan indicates that the child's age and developmental level are sufficient for the juvenile court or permanency plan review panel to consult with the child regarding the child's permanency plan or if the juvenile court or panel otherwise determines that consultation with the child would be in the best interests of the child, the juvenile court or panel must consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child's permanency plan and any other matters the court or panel finds appropriate. If none of those circumstances apply, the juvenile court may permit the child's caseworker, the child's counsel, or the child's guardian ad litem to make a written or oral statement during the hearing or review, or to submit a written statement prior to the hearing or review, expressing the child's wishes, goals, and concerns regarding the permanency plan and those matters. If the juvenile court permits such a written or oral statement to be made or submitted, the juvenile court may nonetheless require the child to be physically present at the hearing or review.

Expediting out-of-state placements.

The Safe and Timely Interstate Placement of Foster Children Act of 2006 requires reasonable efforts to be made to place a child in a timely manner in accordance with the child's permanency plan, including, if appropriate, through an interstate placement, requires a permanency plan hearing to consider out-of-state permanent placement options for a child, and requires concurrent reasonable efforts to include identifying appropriate out-of-state placements for adoption or with a legal guardian. That act also provides grants to the highest courts in states receiving assistance under Title IV-E to enable those courts to assess the effect of state laws requiring proceedings to expedite the interstate placement of children, including state laws requiring courts to cooperate in the sharing of information, authorizing courts to obtain information and testimony without requiring interstate travel by agencies and parties, and permitting parents, children, other necessary parties, and attorneys to participate in cases involving interstate placement without requiring their interstate travel.

This bill requires a permanency plan whose goal is to place a child for adoption, with a guardian, with a relative, or in some other alternative permanent placement to include the efforts made to achieve that goal, including, if appropriate, through an out-of-state placement. The bill also requires a juvenile court order placing a child outside the home to include a finding as to whether reasonable efforts have been made to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement. In addition, the bill requires an agency, in making concurrent reasonable efforts to place a child for adoption, with a guardian, with a relative, or in some other alternative permanent placement, to include reasonable efforts to identify an appropriate out-of-state placement. Moreover, the bill also requires a juvenile court, at the permanency plan determination hearing, to consider placing the child in a placement outside the state if the juvenile court determines that such a placement would be in the best interests of the child and appropriate to achieving the goal of the child's permanency plan.

Finally, with respect to expediting the out-of-state placement of children, the bill requires the juvenile courts of this state to cooperate with the courts of other states in the sharing of information; obtain, to the greatest extent possible, information and testimony from agencies and parties located in other states without requiring interstate travel by those agencies and parties; and permit parents, children, other necessary parties, attorneys, and guardians ad litem in proceedings involving the interstate placement of a child to participate in those proceedings without requiring interstate travel by those persons.

Right to be heard in proceedings involving children in out-of-home care The Safe and Timely Interstate Placement of Foster Children Act of 2006 requires a state's case review system to include procedures for assuring that any foster parent or relative providing care for a child is provided a right to be heard in any proceeding held with respect to the child. Current state law, however, requires the juvenile court to give a foster parent, treatment foster parent, any relative with whom a child is living, and any other physical custodian of a child an opportunity to be heard at any hearing under the Children's Code or the Juvenile Justice Code, involving the child, other than a hearing for which notice need only be provided to the child and his or her counsel, by permitting that person to make a written or oral statement during the hearing or to submit a written statement prior to the hearing.

This bill requires the juvenile court to give a foster parent, treatment foster parent, operator of a facility in which a child is living, relative with whom a child is living, or other physical custodian of a child a right to be heard at any hearing under the Children's Code or the Juvenile Justice Code, involving the child, other than a hearing for which notice need only be provided to the child and his or her counsel.

Notice to relatives when child removed from home The Fostering Connections to Success and Increasing Adoptions Act of 2008 requires that within 30 days after the removal of a child from the custody of the parent or parents of the child, a state must exercise due diligence to identify and provide notice to all adult grandparents and other adult relatives of the child, including any other adult relatives suggested by the parents, subject to exceptions due to family or domestic violence. The notice must do all of the following:

1. Specify that the child has been or is being removed from the custody of the parent or parents of the child.

2. Explain the options the relative has under federal, state, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice.

3. Describe the requirements to become a foster family home and the additional services and supports that are available for children placed in such a home.

This bill requires the juvenile court to request a child's parent to provide the names of three relatives of the child or other individuals 18 years of age or over whose homes the parent requests the juvenile court to consider as placements for the child.

The juvenile court must request that information at the temporary physical custody hearing or, if that information has not been previously requested, at a dispositional hearing or change-in-placement hearing placing the child outside the parent's home. If the parent does not provide that information at the hearing, the agency must permit the parent to provide the information at a later date.

The juvenile court then must order the agency to conduct a diligent search in order to locate and provide notice of certain information specified in the bill to all of the relatives names by the parent and to all adult relatives of the child within 30 days after the hearing. The bill, for purposes of notification, defines "adult relative" as a grandparent, great-grandparent, aunt, uncle, brother, sister, half brother, or half sister of the child who has attained 18 years of age. The bill also permits the juvenile court to order the agency to notify any other individual whose home is recommended as a placement option by the parent. The agency may not provide notice to a person named by a parent or to an adult relative if the agency has reason to believe that it would be dangerous to the child or to the parent if the child were placed with that person or adult relative.

The bill requires the notice to include all of the following:

1. A statement that the child has been removed from the custody of the child's parent.

2. A statement that explains the options that the person notified has under state or federal law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice.

3. A description of the requirements to obtain a foster home license or to receive kinship care payments and of the additional services and supports that are available for children placed in a foster home or in the home of a person receiving those payments.

4. A statement advising the person notified that he or she may incur additional expenses if the child is placed in his or her home and that reimbursement for some of those expenses may be available.

5. The name and contact information of the agency that removed the child from the custody of the child's parent.

Placement with siblings The Fostering Connections to Success and Increasing Adoptions Act of 2008 requires a state plan for foster care and adoption assistance to provide that reasonable efforts shall be made to do all of the following:

1. Place siblings removed from their home in the same foster care or adoptive placement, unless the state documents that such a joint placement would be contrary to the safety or well-being of any of the siblings.

2. In the case of siblings removed from the home who are not jointly placed, provide for frequent visitation or other ongoing interaction between the siblings, unless the state documents that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.

This bill requires the permanency plan of a child who has been removed from the home and who has one or more siblings who have also been removed from the home to include a description of the efforts made to place the child in a placement that enables the sibling group to remain together and, if a decision is made not to place the child and his or her siblings in a joint placement, a statement as to why a joint placement would be contrary to the safety or well-being of the child or any of those siblings and a description of the efforts made to provide for frequent visitation or other ongoing interaction between the child and those siblings. If a decision is made not to provide for that visitation or interaction, the permanency plan must include a statement as to why that visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

The bill also requires an agency, before placing for adoption a child who has one or more siblings who have been adopted or who have been placed for adoption, to make reasonable efforts to place the child for adoption with an adoptive parent or proposed adoptive parent of such a sibling, unless the agency determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the agency must make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the agency determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

In addition, the bill requires the juvenile court, when ordering into temporary physical custody a child who has one or more siblings who have been removed from the home or when ordering such a child to be placed outside the home under a dispositional order or a change-in-placement order, to include in the order a finding that reasonable efforts have been made to place the child in a placement that enables the sibling group to remain together, unless the juvenile court determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the juvenile court must order the agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the juvenile court determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

Plan for transition to independent living Under current law, a permanency plan for a child 15 years of age or over must include a description of the programs and services that are or will be provided to assist the child in preparing for the transition from out-of-home care to independent living.

The Fostering Connections to Success and Increasing Adoptions Act of 2008 requires a state's case review system to include procedures to assure that during the 90-day period immediately prior to the date on which a child will attain 18 years of age the child is provided with assistance and support in developing a transition plan that is personalized at the direction of the child, includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as the child may elect.

This bill requires the agency primarily responsible for providing services to a child who is placed in a foster home, group home, subsidized guardianship home, or residential care center for children and youth, or in the home of a relative other than a parent to provide the child with assistance and support in developing a plan for making the transition to independent living by no later than 90 days before the child attains 18 years of age or, if the child is under a juvenile court order that terminates after the child attains 18 years of age, by no later than 90 days before the order terminates. The plan must be personalized at the direction of the child, must be as detailed as the child directs, and must include specific options for obtaining housing, health care, education, mentoring and continuing support services, and workforce support and employment services.