SB451,51 3Section 51. 301.26 (4) (b) of the statutes is amended to read:
SB451,30,184 301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on
5the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4.
6Except as provided in pars. (bm), (c), and (cm), liability shall apply to county
7departments under s. 46.21, 46.22, or 46.23 in the county of the court exercising
8jurisdiction under chs. 48 and ch. 938 for each person receiving services from the
9department of corrections under s. 48.366, 938.183 , or 938.34 or the department of
10health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and
11(cm), in multicounty court jurisdictions, the county of residency within the
12jurisdiction shall be liable for costs under this subsection. Assessment of costs under
13par. (a) shall also be made according to the general placement type or level of care
14provided, as defined by the department, and prorated according to the ratio of the
15amount designated under sub. (3) (c) to the total applicable estimated costs of care,
16services, and supplies provided by the department of corrections under ss. 48.366,
17938.183, and 938.34 and the department of health services under s. 46.057 or 51.35
18(3).
SB451,52 19Section 52. 301.26 (4) (c) of the statutes is amended to read:
SB451,30,2520 301.26 (4) (c) Notwithstanding pars. (a), (b), and (bm), the department of
21corrections shall pay, from the appropriation under s. 20.410 (3) (hm), (ho). or (hr),
22the costs of care, services, and supplies provided for each person receiving services
23under s. 46.057, 48.366, 51.35 (3), 938.183, or 938.34 who was under the
24guardianship of the department of children and families pursuant to an order under
25ch. 48 at the time that the person was adjudicated delinquent.
SB451,53
1Section 53. 301.26 (4) (cm) 2. of the statutes is repealed.
SB451,54 2Section 54. 301.26 (4) (d) 1m. of the statutes is amended to read:
SB451,31,63 301.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under ss.
448.366 and
s. 938.183, all payments and deductions made under this subsection and
5uniform fee collections made under s. 301.03 (18) shall be credited to the
6appropriation account under s. 20.410 (3) (hm).
SB451,55 7Section 55. 302.11 (1) of the statutes is amended to read:
SB451,31,138 302.11 (1) The warden or superintendent shall keep a record of the conduct of
9each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
10(1m), (1q), (1z), and (7) and (10), each inmate is entitled to mandatory release on
11parole by the department. The mandatory release date is established at two-thirds
12of the sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b)
13resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.
SB451,56 14Section 56. 302.11 (10) of the statutes is repealed.
SB451,57 15Section 57. 302.17 (2) of the statutes is amended to read:
SB451,31,2016 302.17 (2) The department shall make entries on the register to reflect the
17progress made by each inmate while incarcerated and the inmate's release on parole
18or extended supervision, condition at the time of release on parole or extended
19supervision and progress made while on parole or extended supervision. This
20subsection does not apply to inmates subject to an order under s. 48.366.
SB451,58 21Section 58. 302.17 (3) of the statutes is repealed.
SB451,59 22Section 59. 302.255 of the statutes is repealed.
SB451,60 23Section 60. 302.31 (7) of the statutes is amended to read:
SB451,32,424 302.31 (7) The temporary placement of persons in the custody of the
25department, other than persons under 17 years of age, and persons who have

1attained the age of 17 years but have not attained the age of 25 years who are under
2the supervision of the department under s. 48.366 or 938.355 (4) and who have been
3taken into custody pending revocation of aftercare supervision under s. 48.366 (5) or
4938.357 (5) (e).
SB451,61 5Section 61. 304.15 of the statutes is repealed.
SB451,62 6Section 62. 767.405 (8) (b) 1. of the statutes is amended to read:
SB451,32,87 767.405 (8) (b) 1. That a party engaged in abuse, as defined in s. 813.122 (1)
8(a), of the child, as defined in s. 48.02 (2) 813.122 (1) (b).
SB451,63 9Section 63. 767.405 (10) (e) 1. of the statutes is amended to read:
SB451,32,1110 767.405 (10) (e) 1. There is evidence that a party engaged in abuse, as defined
11in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2) 813.122 (1) (b).
SB451,64 12Section 64. 767.41 (2) (b) 2. c. of the statutes is amended to read:
SB451,32,2013 767.41 (2) (b) 2. c. The parties will not be able to cooperate in the future decision
14making required under an award of joint legal custody. In making this finding the
15court shall consider, along with any other pertinent items, any reasons offered by a
16party objecting to joint legal custody. Evidence that either party engaged in abuse,
17as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2) 813.122 (1) (b),
18or evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m), or
19domestic abuse, as defined in s. 813.12 (1) (am), creates a rebuttable presumption
20that the parties will not be able to cooperate in the future decision making required.
SB451,65 21Section 65. 767.41 (5) (am) 12. of the statutes is amended to read:
SB451,32,2322 767.41 (5) (am) 12. Whether there is evidence that a party engaged in abuse,
23as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2) 813.122 (1) (b).
SB451,66 24Section 66. 905.045 (1) (a) of the statutes is amended to read:
SB451,33,4
1905.045 (1) (a) "Abusive conduct" means abuse, as defined in s. 813.122 (1) (a),
2of a child, as defined in s. 48.02 (2) 813.122 (1) (b), interspousal battery, as described
3under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 813.12 (1) (am), or
4sexual assault under s. 940.225.
SB451,67 5Section 67. 938.235 (1) (e) of the statutes is amended to read:
SB451,33,136 938.235 (1) (e) The court shall appoint a guardian ad litem, or extend the
7appointment of a guardian ad litem previously appointed under par. (a), for any
8juvenile alleged or found to be in need of protection or services, if the court has
9ordered, or if a request or recommendation has been made that the court order, the
10juvenile to be placed out of his or her home under s. 938.345 or 938.357. This
11paragraph does not apply to a juvenile who is subject to a dispositional order that
12terminates as provided in s. 938.355 (4) (am) 4., 938.357 (6) (a) 4., or 938.365 (5) (b)
134.
SB451,68 14Section 68. 938.33 (4) (intro.) of the statutes is amended to read:
SB451,33,2115 938.33 (4) Other out-of-home placements. (intro.) A report recommending
16placement in a foster home, group home, or nonsecured residential care center for
17children and youth, in the home of a relative other than a parent, or in the home of
18a guardian under s. 48.977 (2), or in a supervised independent living arrangement
19shall be in writing, except that the report may be presented orally at the dispositional
20hearing if all parties consent. A report that is presented orally shall be transcribed
21and made a part of the court record. The report shall include all of the following:
SB451,69 22Section 69. 938.335 (3g) (intro.) of the statutes is amended to read:
SB451,34,323 938.335 (3g) Reasonable efforts finding. (intro.) At hearings under this
24section, if the agency, as defined in s. 938.38 (1) (a), is recommending placement of
25the juvenile in a foster home, group home, or residential care center for children and

1youth, or in the home of a relative other than a parent, in the home of a guardian
2under s. 48.977 (2), or in a supervised independent living arrangement,
the agency
3shall present as evidence specific information showing all of the following:
SB451,70 4Section 70. 938.355 (4) (a) of the statutes is amended to read:
SB451,34,95 938.355 (4) (a) Except as provided under par. (b) or s. 938.368, an order under
6this section or s. 938.357 or 938.365 made before the juvenile attains 18 years of age
7that places or continues the placement of the juvenile in his or her home shall
8terminate at the end of one year after the date on which the order is granted unless
9the court specifies a shorter period of time or the court terminates the order sooner.
SB451,34,16 10(am) Except as provided in par. (b) or s. 938.368, an order under this section
11or s. 938.357 or 938.365 made before the juvenile attains 18 years of age that places
12or continues the placement of the juvenile in a foster home, group home, or
13residential care center for children and youth or, in the home of a relative other than
14a parent, or in a supervised independent living arrangement shall terminate when
15on the latest of the following dates, unless the court specifies a shorter period or the
16court terminates the order sooner:
SB451,34,17 171. The date on which the juvenile attains 18 years of age, at the end of.
SB451,34,18 182. The date that is one year after the date on which the order is granted, or, if.
SB451,34,25 193. The date on which the juvenile is granted a high school or high school
20equivalency diploma or the date on which the juvenile attains 19 years of age,
21whichever occurs first, if
the juvenile is a full-time student at a secondary school or
22its vocational or technical equivalent and is reasonably expected to complete the
23program before attaining 19 years of age, when the juvenile attains 19 years of age,
24whichever is later, unless the court specifies a shorter period of time or the court
25terminates the order sooner
.
SB451,71
1Section 71. 938.355 (4) (am) 4. of the statutes is created to read:
SB451,35,122 938.355 (4) (am) 4. The date on which the juvenile is granted a high school or
3high school equivalency diploma or the date on which the juvenile attains 21 years
4of age, whichever occurs first, if the juvenile is a full-time student at a secondary
5school or its vocational or technical equivalent and if an individualized education
6program under s. 115.787 is in effect for the juvenile. The court may not grant an
7order that terminates as provided in this subdivision unless the juvenile is 17 years
8of age or older when the order is granted and the juvenile, or the juvenile's guardian
9on behalf of the juvenile, agrees to the order. At any time after the juvenile attains
1018 years of age, the juvenile, or the juvenile's guardian on behalf of the juvenile, may
11request the court in writing to terminate the order and, on receipt of such a request,
12the court, without a hearing, shall terminate the order.
SB451,72 13Section 72. 938.355 (6) (a) 1. of the statutes is amended to read:
SB451,35,2314 938.355 (6) (a) 1. If Except as provided in subd. 3., if a juvenile who has been
15adjudged delinquent or to have violated a civil law or ordinance, other than an
16ordinance enacted under s. 118.163 (1m) or (2), violates a condition specified in sub.
17(2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par.
18(d). A sanction may be imposed under this subdivision only if, at the dispositional
19hearing under s. 938.335, the court explained the conditions to the juvenile and
20informed the juvenile of those possible sanctions or if before the violation the juvenile
21has acknowledged in writing that he or she has read, or has had read to him or her,
22those conditions and possible sanctions and that he or she understands those
23conditions and possible sanctions.
SB451,73 24Section 73. 938.355 (6) (a) 2. of the statutes is amended to read:
SB451,36,5
1938.355 (6) (a) 2. If Except as provided in subd. 3., if a juvenile who has been
2found to be in need of protection or services under s. 938.13 (4), (6m), (7), (12), or (14)
3violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile
4any of the sanctions under par. (d), other than placement in a juvenile detention
5facility or juvenile portion of a county jail.
SB451,36,11 62m. A sanction may be imposed under this subdivision subd. 1. or 2. only if, at
7the dispositional hearing under s. 938.335, the court explained the conditions
8specified in sub. (2) (b) 7. to the juvenile and informed the juvenile of those possible
9sanctions or if before the violation the juvenile has acknowledged in writing that he
10or she has read, or has had read to him or her, those conditions and possible sanctions
11and that he or she understands those conditions and possible sanctions.
SB451,74 12Section 74. 938.355 (6) (a) 3. of the statutes is created to read:
SB451,36,1513 938.355 (6) (a) 3. The court may not impose a sanction under subd. 1. or 2. on
14a juvenile who is subject to an order under this section or s. 938.357 or 938.365 that
15terminates as provided in sub. (4) (am) 4. or s. 938.357 (6) (a) 4. or 938.365 (5) (b) 4.
SB451,75 16Section 75. 938.355 (6d) (a) 1. of the statutes is amended to read:
SB451,37,317 938.355 (6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any
18general written policies adopted by the court under s. 938.06 (1) or (2) and to any
19policies adopted by the county board relating to the taking into custody and
20placement of a juvenile under this subdivision
subds. 2g., 2m., and 2r., if a juvenile
21who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the
22juvenile's caseworker or any other person authorized to provide or providing intake
23or dispositional services for the court under s. 938.067 or 938.069 may, without a
24hearing, take the juvenile into custody and place the juvenile in a juvenile detention
25facility or juvenile portion of a county jail that meets the standards promulgated by

1the department by rule or in a place of nonsecure custody designated by that person
2for not more than 72 hours while the alleged violation and the appropriateness of a
3sanction under sub. (6) are being investigated.
SB451,37,10 42m. Short-term detention may be imposed under this subdivision subd. 1. or
52.
only if at the dispositional hearing the court explained those the conditions
6specified in sub. (2) (b) 7. to the juvenile and informed the juvenile of that possible
7placement or if before the violation the juvenile has acknowledged in writing that he
8or she has read, or has had read to him or her, those conditions and that possible
9placement and that he or she understands those conditions and that possible
10placement.
SB451,76 11Section 76. 938.355 (6d) (a) 2. of the statutes is amended to read:
SB451,38,1012 938.355 (6d) (a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any
13general written policies adopted by the court under s. 938.06 (1) or (2) and to any
14policies adopted by the county board relating to the taking into custody and
15placement of a juvenile under this subdivision
subds. 2g., 2m., and 2r., if a juvenile
16who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the
17juvenile's caseworker or any other person authorized to provide or providing intake
18or dispositional services for the court under s. 938.067 or 938.069 may, without a
19hearing, take the juvenile into custody and place the juvenile in a juvenile detention
20facility or juvenile portion of a county jail that meets the standards promulgated by
21the department by rule or in a place of nonsecure custody designated by that person
22for not more than 72 hours as a consequence of that violation. Short-term detention
23may be imposed under this subdivision only if at the dispositional hearing the court
24explained those conditions to the juvenile and informed the juvenile of that possible
25placement or if before the violation the juvenile has acknowledged in writing that he

1or she has read, or has had read to him or her, those conditions and that possible
2placement and that he or she understands those conditions and that possible
3placement.
A person who takes a juvenile into custody under this subdivision shall
4permit the juvenile to make a written or oral statement concerning the possible
5placement of the juvenile and the course of conduct for which the juvenile was taken
6into custody. A person designated by the court or county department who is employed
7in a supervisory position by a person authorized to provide or providing intake or
8dispositional services under s. 938.067 or 938.069 shall review that statement and
9either approve the placement, modify the terms of the placement, or order the
10juvenile to be released from custody.
SB451,77 11Section 77. 938.355 (6d) (a) 2g. of the statutes is created to read:
SB451,38,1512 938.355 (6d) (a) 2g. The taking into custody and placement of a juvenile under
13subd. 1. or 2. is subject to any general written policies adopted by the court under s.
14938.06 (1) and (2) and to any policies adopted by the county board relating to such
15taking into custody and placement.
SB451,78 16Section 78. 938.355 (6d) (a) 2r. of the statutes is created to read:
SB451,38,1917 938.355 (6d) (a) 2r. A juvenile who is subject to an order under this section or
18s. 938.357 or 938.365 that terminates as provided in sub. (am) 4. or s. 938.357 (6) (a)
194. or 938.365 (5) (b) 4. may not be taken into custody under subd 1. or 2.
SB451,79 20Section 79. 938.355 (6d) (b) 1. of the statutes is amended to read:
SB451,39,921 938.355 (6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any
22general written policies adopted by the court under s. 938.06 (1) or (2), to any policies
23adopted by the county department relating to aftercare supervision administered by
24the county department, and to any policies adopted by the county board relating to
25the taking into custody and placement of a juvenile under this subdivision
subds. 2g.,

12m., and 2r.
, if a juvenile who is on aftercare supervision administered by the a
2county department violates a condition of that supervision, the juvenile's caseworker
3or any other person authorized to provide or providing intake or dispositional
4services for the court under s. 938.067 or 938.069 may, without a hearing, take the
5juvenile into custody and place the juvenile in a juvenile detention facility or juvenile
6portion of a county jail that meets the standards promulgated by the department by
7rule or in a place of nonsecure custody designated by that person for not more than
872 hours while the alleged violation and the appropriateness of revoking the
9juvenile's aftercare status are being investigated.
SB451,39,16 102m. Short-term detention may be imposed under this subdivision subd. 1. or
112.
only if at the dispositional hearing the court explained those the conditions of
12aftercare supervision
to the juvenile and informed the juvenile of that possible
13placement or if before the violation the juvenile has acknowledged in writing that he
14or she has read, or has had read to him or her, those conditions and that possible
15placement and that he or she understands those conditions and that possible
16placement.
SB451,80 17Section 80. 938.355 (6d) (b) 2. of the statutes is amended to read:
SB451,40,1818 938.355 (6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any
19general written policies adopted by the court under s. 938.06 (1) or (2), to any policies
20adopted by the county department relating to aftercare supervision administered by
21the county department, and to any policies adopted by the county board relating to
22the taking into custody and placement of a juvenile under this subdivision
subds. 2g.,
232m., and 2r.
, if a juvenile who is on aftercare supervision administered by the county
24department violates a condition of that supervision, the juvenile's caseworker or any
25other person authorized to provide or providing intake or dispositional services for

1the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into
2custody and place the juvenile in a juvenile detention facility or juvenile portion of
3a county jail that meets the standards promulgated by the department by rule or in
4a place of nonsecure custody designated by that person for not more than 72 hours
5as a consequence of that violation. Short-term detention under this subdivision may
6be imposed only if at the dispositional hearing the court explained those conditions
7to the juvenile and informed the juvenile of that possible placement or if before the
8violation the juvenile has acknowledged in writing that he or she has read, or has had
9read to him or her, those conditions and that possible placement and that he or she
10understands those conditions and that possible placement.
A person who takes a
11juvenile into custody under this subdivision shall permit the juvenile to make a
12written or oral statement concerning the possible placement of the juvenile and the
13course of conduct for which the juvenile was taken into custody. A person designated
14by the court or the county department who is employed in a supervisory position by
15a person authorized to provide or providing intake or dispositional services under s.
16938.067 or 938.069 shall review that statement and either approve the placement of
17the juvenile, modify the terms of the placement, or order the juvenile to be released
18from custody.
SB451,81 19Section 81. 938.355 (6d) (b) 2g. of the statutes is created to read:
SB451,40,2420 938.355 (6d) (b) 2g. The taking into custody and placement of a juvenile under
21subd. 1. or 2. is subject to any general written policies adopted by the court under s.
22938.06 (1) and (2), to any policies adopted by the county department relating to
23aftercare supervision administered by the county department, and to any policies
24adopted by the county board relating to such taking into custody and placement.
SB451,82 25Section 82. 938.355 (6d) (b) 2r. of the statutes is created to read:
SB451,41,3
1938.355 (6d) (b) 2r. A juvenile who is subject to an order under this section or
2s. 938.357 or 938.365 that terminates as provided in sub. (4) (am) 4. or 938.357 (6)
3(a) 4. or 938.365 (5) (b) 4. may not be taken into custody under subd 1. or 2.
SB451,83 4Section 83. 938.355 (6d) (c) 1. of the statutes is amended to read:
SB451,41,155 938.355 (6d) (c) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any
6general written policies adopted by the court under s. 938.06 (1) or (2) and to any
7policies adopted by the county board relating to the taking into custody and
8placement of a juvenile under this subdivision
subds. 2g., 2m., and 2r., if a juvenile
9who has been found to be in need of protection or services under s. 938.13 violates
10a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person
11authorized to provide or providing intake or dispositional services for the court under
12s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place
13the juvenile in a place of nonsecure custody designated by that person for not more
14than 72 hours while the alleged violation and the appropriateness of a sanction
15under sub. (6) or (6m) are being investigated.
SB451,41,22 162m. Short-term detention may be imposed under this subdivision subd. 1. or
172.
only if at the dispositional hearing the court explained those the conditions
18specified in sub. (2) (b) 7. to the juvenile and informed the juvenile of that possible
19placement or if before the violation the juvenile has acknowledged in writing that he
20or she has read, or has had read to him or her, those conditions and that possible
21placement and that he or she understands those conditions and that possible
22placement.
SB451,84 23Section 84. 938.355 (6d) (c) 2. of the statutes is amended to read:
SB451,42,2124 938.355 (6d) (c) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any
25general written policies adopted by the court under s. 938.06 (1) or (2) and to any

1policies adopted by the county board relating to the taking into custody and
2placement of a juvenile under this subdivision
subds. 2g., 2m., and 2r., if a juvenile
3who has been found to be in need of protection or services under s. 938.13 violates
4a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person
5authorized to provide or providing intake or dispositional services for the court under
6s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place
7the juvenile in a place of nonsecure custody designated by that person for not more
8than 72 hours as a consequence of that violation. Short-term detention may be
9imposed under this subdivision only if at the dispositional hearing the court
10explained those conditions to the juvenile and informed the juvenile of that possible
11placement or if before the violation the juvenile has acknowledged in writing that he
12or she has read, or has had read to him or her, those conditions and that possible
13placement and that he or she understands those conditions and that possible
14placement.
A person who takes a juvenile into custody under this subdivision shall
15permit the juvenile to make a written or oral statement concerning the possible
16placement of the juvenile and the course of conduct for which the juvenile was taken
17into custody. A person designated by the court or the county department who is
18employed in a supervisory position by a person authorized to provide or providing
19intake or dispositional services under s. 938.067 or 938.069 shall review that
20statement and either approve the placement, modify the terms of the placement, or
21order the juvenile to be released from custody.
SB451,85 22Section 85. 938.355 (6d) (c) 2g. of the statutes is created to read:
SB451,43,223 938.355 (6d) (c) 2g. The taking into custody and placement of a juvenile under
24subd. 1. or 2. is subject to any general written policies adopted by the court under s.

1938.06 (1) and (2) and to any policies adopted by the county board relating to such
2taking into custody and placement.
SB451,86 3Section 86. 938.355 (6d) (c) 2r. of the statutes is created to read:
SB451,43,64 938.355 (6d) (c) 2r. A juvenile who is subject to an order under this section or
5s. 938.357 or 938.365 that terminates as provided in sub. (4) (am) 4. or s. 938.357 (6)
6(a) 4. or 938.365 (5) (b) 4. may not be taken into custody under subd. 1. or 2.
SB451,87 7Section 87. 938.355 (6m) (a) (intro.) of the statutes is amended to read:
SB451,43,248 938.355 (6m) (a) Violation of habitual truancy order. (intro.) If the court finds
9by a preponderance of the evidence that a juvenile who has been found to have
10violated a municipal ordinance enacted under s. 118.163 (2) or who has been found
11to be in need of protection or services under s. 938.13 (6) has violated a condition
12specified under sub. (2) (b) 7., the court may order as a sanction any combination of
13the sanctions under subds.1g. to 4. and the dispositions under s. 938.342 (1g) (d) to
14(j) and (1m), regardless of whether the disposition was imposed in the order violated
15by the juvenile. A sanction may be imposed under this paragraph only if at the
16dispositional hearing under s. 938.335 the court explained those conditions to the
17juvenile and informed the juvenile of the possible sanctions under this paragraph for
18a violation or if before the violation the juvenile has acknowledged in writing that
19he or she has read, or has had read to him or her, those conditions and possible
20sanctions and that he or she understands those conditions and possible sanctions.
21The court may not impose a sanction under this paragraph on a juvenile who is
22subject to an order under this section or s. 938.357 or 938.365 that terminates as
23provided in sub. (4) (am) 4. or s. 938.357 (6) (a) 4. or 938.365 (5) (b) 4.
The court may
24order as a sanction under this paragraph any of the following:
SB451,88 25Section 88. 938.357 (1) (am) 2. (intro.) of the statutes is amended to read:
SB451,44,10
1938.357 (1) (am) 2. (intro.) Any Except as provided in subd. 2r., any person
2receiving the notice under subd. 1. or notice of a specific placement under s. 938.355
3(2) (b) 2. may obtain a hearing on the matter by filing an objection with the court
4within 10 days after receipt of the notice. Placements Except as provided in subds.
52m. and 2r., placements
may not be changed until 10 days after that notice is sent
6to the court unless the parent, guardian, legal custodian, or Indian custodian, the
7juvenile, if 12 or more years of age, and the juvenile's tribe, if the juvenile is an Indian
8juvenile who has been removed from the home of his or her parent or Indian
9custodian under s. 938.13 (4), (6), (6m), or (7), sign written waivers of objection,
10except that changes
.
SB451,44,15 112m. Changes in placement that were authorized in the dispositional order may
12be made immediately if notice is given as required under subd. 1. In addition, a
13hearing is not required for placement changes authorized in the dispositional order
14except when an objection filed by a person who received notice alleges that new
15information is available that affects the advisability of the court's dispositional order.
SB451,89 16Section 89. 938.357 (1) (am) 2r. of the statutes is created to read:
SB451,45,317 938.357 (1) (am) 2r. If the proposed change in placement involves a juvenile
18who is subject to a dispositional order that terminates as provided in sub. (6) (a) 4.
19or s. 938.355 (4) (am) 4. or 938.365 (5) (b) 4., the person or agency primarily
20responsible for implementing the dispositional order or the district attorney may
21request a change in placement under this paragraph only if the juvenile or the
22juvenile's guardian on behalf of the juvenile consents to the change in placement.
23That person or agency or the district attorney shall cause written notice of the
24proposed change in placement to be sent to the juvenile, the guardian of the juvenile,
25and any foster parent or other physical custodian described in s. 48.62 (2) of the

1juvenile. No hearing is required for a change in placement described in this
2subdivision, and the juvenile's placement may be changed at any time after notice
3of the proposed change in placement is sent to the court.
SB451,90 4Section 90. 938.357 (2) of the statutes is amended to read:
SB451,45,145 938.357 (2) Emergency change in placement. If emergency conditions
6necessitate an immediate change in the placement of a juvenile placed outside the
7home, the person or agency primarily responsible for implementing the dispositional
8order may remove the juvenile to a new placement, whether or not authorized by the
9existing dispositional order, without the prior notice under sub. (1) (am) 1. or the
10consent required under sub. (1) (am) 2r.
The notice shall be sent within 48 hours after
11the emergency change in placement. Any party receiving notice may demand a
12hearing under sub. (1) (am) 2. In emergency situations, a juvenile may be placed in
13a licensed public or private shelter care facility as a transitional placement for not
14more than 20 days or in any placement authorized under s. 938.34 (3).
SB451,91 15Section 91. 938.357 (2m) (a) of the statutes is amended to read:
SB451,46,816 938.357 (2m) (a) Request; information required. The Except as provided in par.
17(bv), the
juvenile, the parent, guardian, or legal custodian of the juvenile, any person
18or agency primarily bound by the dispositional order, other than the person or agency
19responsible for implementing the order, or, if the juvenile is an Indian juvenile who
20is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian
21juvenile's Indian custodian may request a change in placement under this
22paragraph. The request shall contain the name and address of the new placement
23requested and shall state what new information is available that affects the
24advisability of the current placement. If the proposed change in placement would
25change the placement of a juvenile placed in the juvenile's home to a placement

1outside the home, the request shall also contain specific information showing that
2continued placement of the juvenile in the juvenile's home would be contrary to the
3welfare of the juvenile and, unless any of the circumstances under s. 938.355 (2d) (b)
41. to 4. applies, specific information showing that the agency primarily responsible
5for implementing the dispositional order has made reasonable efforts to prevent the
6removal of the juvenile from the home, while assuring that the juvenile's health and
7safety are the paramount concerns. The request shall be submitted to the court. The
8court may also propose a change in placement on its own motion.
SB451,92 9Section 92. 938.357 (2m) (b) of the statutes is amended to read:
SB451,46,2510 938.357 (2m) (b) Hearing; when required. The court shall hold a hearing prior
11to ordering any change in placement requested or proposed under par. (a) if the
12request states that new information is available that affects the advisability of the
13current placement. A Except as provided in par. (bv), a hearing is not required if
14the requested or proposed change in placement does not involve a change in
15placement of a juvenile placed in the juvenile's home to a placement outside the
16juvenile's home, written waivers of objection to the proposed change in placement are
17signed by all parties entitled to receive notice under this paragraph, and the court
18approves. If a hearing is scheduled, not less than 3 days before the hearing the court
19shall notify the juvenile, the parent, guardian, and legal custodian of the juvenile,
20any foster parent or other physical custodian described in s. 48.62 (2) of the juvenile,
21all parties who are bound by the dispositional order, and, if the juvenile is an Indian
22juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7),
23the Indian juvenile's Indian custodian and tribe. A copy of the request or proposal
24for the change in placement shall be attached to the notice. Subject to par. (br), if all
25of the parties consent, the court may proceed immediately with the hearing.
SB451,93
1Section 93. 938.357 (2m) (bv) of the statutes is created to read:
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