938.365
938.365
Extension of orders. 938.365(1)(1) In this section, a juvenile is considered to have been placed outside of his or her home on the date on which the juvenile was first placed outside of his or her home pursuant to an order under this section or
s. 938.345,
938.357 or
938.363 or on the date that is 60 days after the date on which the juvenile was removed from his or her home, whichever is earlier.
938.365(1m)
(1m) The parent, juvenile, guardian, legal custodian, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered or the court on its own motion, may request an extension of an order under
s. 938.355. The request shall be submitted to the court which entered the order. No order under
s. 938.355 that placed a juvenile in detention, nonsecure custody or inpatient treatment under
s. 938.34 (3) (f) or
(6) (am) may be extended. No other order under
s. 938.355 may be extended except as provided in this section.
938.365(2)
(2) No order may be extended without a hearing. The court shall notify the juvenile or the juvenile's guardian ad litem or counsel, the juvenile's parent, guardian, legal custodian, all of the parties present at the original hearing, the juvenile's foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered of the time and place of the hearing.
938.365(2g)(a)(a) At the hearing the person or agency primarily responsible for providing services to the juvenile shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the juvenile's rehabilitation or care and treatment. The office of juvenile offender review may file a written report regarding any juvenile examined by the program.
938.365(2g)(b)
(b) If the juvenile is placed outside of his or her home, the report shall include all of the following:
938.365(2g)(b)1.
1. A copy of the report of the review panel under
s. 938.38 (5), if any, and a response to the report from the agency primarily responsible for providing services to the juvenile.
938.365(2g)(b)2.
2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, a description of efforts to return the juvenile safely to his or her home, including efforts of the parents to remedy factors which contributed to the juvenile's placement and, if continued placement outside of the juvenile's home is recommended, an explanation of why returning the juvenile to his or her home is not safe or feasible.
938.365(2g)(b)3.
3. If the juvenile has been placed outside of his or her home for 15 of the most recent 22 months, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the juvenile. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the juvenile and whether or not the juvenile should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the juvenile be registered with the adoption information exchange or report the reason why registering the juvenile is contrary to the best interest of the juvenile.
938.365(2g)(c)
(c) In cases where the juvenile has not been placed outside the home, the report shall contain a description of efforts that have been made by all parties concerned toward meeting the objectives of treatment, care or rehabilitation, an explanation of why these efforts have not yet succeeded in meeting the objective, and anticipated future planning for the juvenile.
938.365(2m)(a)(a) Any party may present evidence relevant to the issue of extension. The court shall make findings of fact and conclusions of law based on the evidence. Subject to
s. 938.355 (2d), the findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the juvenile to make it possible for the juvenile to return safely to his or her home. An order shall be issued under
s. 938.355.
938.365(2m)(ag)
(ag) In addition to any evidence presented under
par. (a), the court shall give a foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) of the juvenile an opportunity to be heard at the hearing by permitting the foster parent, treatment 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, relevant to the issue of extension. Any written or oral statement made under this paragraph shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) who receives notice of a hearing under
sub. (2) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
938.365(2m)(b)
(b) If a juvenile has been placed outside the home under
s. 938.345 and an extension is ordered under this subsection, the court shall state in the record the reason for the extension.
938.365(3)
(3) The appearance of any juvenile may be waived by consent of the juvenile, counsel or guardian ad litem.
938.365(4)
(4) The court shall determine which dispositions are to be considered for extensions.
938.365(5)
(5) Except as provided in
s. 938.368, all orders shall be for a specified length of time not to exceed one year.
938.365(6)
(6) If a request to extend a dispositional order is made prior to the termination of the order, but the court is unable to conduct a hearing on the request prior to the termination date, the court may extend the order for a period of not more than 30 days, not including any period of delay resulting from any of the circumstances specified in
s. 938.315 (1). The court shall grant appropriate relief as provided in
s. 938.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time limit specified in this subsection. Failure to object if a hearing is not held within the time limit specified in this subsection waives that time limit.
938.365(7)
(7) Nothing in this section may be construed to allow any changes in placement or revocation of aftercare supervision. Revocation and other changes in placement may take place only under
s. 938.357.
938.365 History
History: 1995 a. 77,
275,
352;
1997 a. 27,
35,
80,
237.
938.368
938.368
Continuation of dispositional orders. 938.368(1)
(1) If a petition for termination of parental rights is filed under
s. 48.41 or
48.415 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under
s. 938.355 or an extension order under
s. 938.365 is in effect, the dispositional or extension order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.
938.368(2)
(2) If a juvenile's placement with a guardian appointed under
s. 48.977 (2) is designated by the court under
s. 48.977 (3) as a permanent foster placement for the juvenile while a dispositional order under
s. 938.345, a revision order under
s. 938.363 or an extension order under
s. 938.365 is in effect with respect to the juvenile, such dispositional order, revision order or extension order shall remain in effect until the earliest of the following:
938.368(2)(c)
(c) A court order terminates such dispositional order, revision order or extension order.
938.368 History
History: 1995 a. 77;
1997 a. 80.
938.37(1)(1) A court assigned to exercise jurisdiction under this chapter and
ch. 48 may not assess costs or assessments against a juvenile under 14 years of age but may assess costs against a juvenile 14 years of age or older.
938.37(3)
(3) Notwithstanding
sub. (1), courts of civil and criminal jurisdiction exercising jurisdiction under
s. 938.17 may assess the same costs, penalty assessments and jail assessments against juveniles as they may assess against adults, except that witness fees may not be charged to the juvenile.
938.37 History
History: 1995 a. 77.
938.371
938.371
Access to certain information by substitute care provider. 938.371(1)(1) If a juvenile is placed in a foster home, treatment foster home, group home, child caring institution or secured correctional facility, including a placement under
s. 938.205 or
938.21, the agency, as defined in
s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, treatment foster parent or operator of the group home, child caring institution or secured correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:
938.371(1)(a)
(a) Results of a test or a series of tests of the juvenile to determine the presence of HIV, as defined in
s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, as provided under
s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent or operator of the group home, child caring institution or secured correctional facility of the confidentiality requirements under
s. 252.15 (6).
938.371(1)(b)
(b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.
938.371(1)(c)
(c) Any other medical information concerning the juvenile that is necessary for the care of the juvenile. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.
938.371(3)
(3) At the time of placement of a juvenile in a foster home, treatment foster home, group home, child caring institution or secured correctional facility or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in
s. 938.38 (1) (a), responsible for preparing the juvenile's permanency plan shall provide to the foster parent, treatment foster parent or operator of the group home, child caring institution or secured correctional facility information contained in the court report submitted under
s. 938.33 (1) or
938.365 (2g) or permanency plan submitted under
s. 938.355 (2e) or
938.38 relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:
938.371(3)(a)
(a) Any mental, emotional, cognitive, developmental or behavioral disability of the juvenile. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this subsection shall keep the information confidential.
938.371(3)(b)
(b) Any involvement of the juvenile in any criminal gang, as defined in
s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.
938.371(3)(c)
(c) Any involvement of the juvenile in any activities that are harmful to the juvenile's physical, mental or moral well-being. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.
938.371(3)(d)
(d) Any involvement of the juvenile, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of
s. 940.225,
948.02 or
948.025, prostitution in violation of
s. 944.30, sexual exploitation of a child in violation of
s. 948.05 or causing a child to view or listen to sexual activity in violation of
s. 948.055, if the information is necessary for the care of the juvenile or for the protection of any person living in the foster home, treatment foster home, group home, child caring institution or secured correctional facility. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.
938.371(3)(e)
(e) The religious affiliation or belief of the juvenile.
938.373
938.373
Medical authorization. 938.373(1)
(1) The court assigned to exercise jurisdiction under this chapter and
ch. 48 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and
ch. 48 determines that reasonable cause exists for the services and that the juvenile is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and
ch. 48 and, except as provided in
s. 938.296 (4) and
(5), consents.
938.373 History
History: 1995 a. 77;
1999 a. 188.
PERMANENCY PLANNING; RECORDS
938.38
938.38
Permanency planning. 938.38(1)(a)
(a) "Agency" means the department, a county department or a licensed child welfare agency.
938.38(1)(am)
(am) "Independent agency" means a private, nonprofit organization, but does not include a licensed child welfare agency that is authorized to prepare permanency plans or that is assigned the primary responsibility of providing services under a permanency plan.
938.38(1)(b)
(b) "Permanency plan" means a plan designed to ensure that a juvenile is reunified with his or her family whenever appropriate, or that the juvenile quickly attains a placement or home providing long-term stability.
938.38(2)
(2) Permanency plan required. Except as provided in
sub. (3), for each juvenile living in a foster home, treatment foster home, group home, child caring institution, secure detention facility or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under
s. 938.355 shall prepare a written permanency plan, if any of the following conditions exists:
938.38(2)(b)
(b) The juvenile is in the legal custody of the agency.
938.38(2)(d)
(d) The juvenile was placed under a voluntary agreement between the agency and the juvenile's parent under
s. 48.63 (1).
938.38(2)(e)
(e) The juvenile is under the guardianship of the agency.
938.38(3)
(3) Time. Subject to
s. 938.355 (2d) (c), the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first held in physical custody or placed outside of his or her home under a court order, except under either of the following conditions:
938.38(3)(a)
(a) If the juvenile is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the juvenile be placed in a secured correctional facility, a secured child caring institution or a secured group home, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. If the court places the juvenile in any facility outside of the juvenile's home other than a secured correctional facility, a secured child caring institution or a secured group home, the agency shall file the permanency plan with the court within 60 days after the date of disposition.
938.38(3)(b)
(b) If the juvenile is held for less than 60 days in a secure detention facility, juvenile portion of a county jail or a shelter care facility, no permanency plan is required if the juvenile is returned to his or her home within that period.
938.38(4)
(4) Contents of plan. The permanency plan shall include a description of all of the following:
938.38(4)(a)
(a) The services offered and any service provided in an effort to prevent holding or placing the juvenile outside of his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to make it possible for the juvenile to return safely home, except that the permanency plan need not include a description of those services offered or provided with respect to a parent of the juvenile if any of the circumstances specified in
s. 938.355 (2d) (b) 1.,
2.,
3. or
4. apply to that parent.
938.38(4)(b)
(b) The basis for the decision to hold the juvenile in custody or to place the juvenile outside of his or her home.
938.38(4)(bm)
(bm) The availability of a safe and appropriate placement with a relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, why placement with the relative is not safe or appropriate.
938.38(4)(c)
(c) The location and type of facility in which the juvenile is currently held or placed, and the location and type of facility in which the juvenile will be placed.
938.38(4)(d)
(d) If the juvenile is living more than 60 miles from his or her home, documentation that placement within 60 miles of the juvenile's home is either unavailable or inappropriate.
938.38(4)(e)
(e) The safety and appropriateness of the placement and of the services provided to meet the needs of the juvenile and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the juvenile or, if available, why such services are not safe or appropriate.
938.38(4)(f)
(f) The services that will be provided to the juvenile, the juvenile's family and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility where the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:
938.38(4)(f)1.
1. Ensure proper care and treatment of the juvenile and promote safety and stability in the placement.
938.38(4)(f)2.
2. Meet the juvenile's physical, emotional, social, educational and vocational needs.
938.38(4)(f)3.
3. Improve the conditions of the parents' home to facilitate the safe return of the juvenile to his or her home, or, if appropriate, obtain an alternative permanent placement for the juvenile.
938.38(4)(fm)
(fm) If the permanency plan calls for placing the juvenile for adoption, with a guardian or in some other alternative permanent placement, the efforts made to place the juvenile for adoption, with a guardian or in some other alternative permanent placement.
938.38(4)(g)
(g) The conditions, if any, upon which the juvenile will be returned safely to his or her home, including any changes required in the parents' conduct, the juvenile's conduct or the nature of the home.
938.38(5)(a)(a) The court or a panel appointed under this paragraph shall review the permanency plan every 6 months from the date on which the juvenile was first held in physical custody or placed outside of his or her home. If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the juvenile or the parents of the juvenile whose permanency plan is the subject of the review.
938.38(5)(am)
(am) The court may appoint an independent agency to designate a panel to conduct a permanency plan review under
par. (a). If the court appoints an independent agency under this paragraph, the county department of the county of the court shall authorize and contract for the purchase of services from the independent agency.
938.38(5)(b)
(b) The court or the agency shall notify the parents of the juvenile, the juvenile if he or she is 10 years of age or older and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility in which the juvenile is living of the date, time and place of the review, of the issues to be determined as part of the review, of the fact that they may have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem of the date of the review, of the issues to be determined as part of the review and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.
938.38(5)(c)
(c) The court or the panel shall determine each of the following:
938.38(5)(c)1.
1. The continuing necessity for and the safety and appropriateness of the placement.
938.38(5)(c)2.
2. The extent of compliance with the permanency plan by the agency and any other service providers, the juvenile's parents, the juvenile and the juvenile's guardian, if any.
938.38(5)(c)3.
3. The extent of any efforts to involve appropriate service providers in addition to the agency's staff in planning to meet the special needs of the juvenile and the juvenile's parents.
938.38(5)(c)4.
4. The progress toward eliminating the causes for the juvenile's placement outside of his or her home and toward returning the juvenile safely to his or her home or obtaining a permanent placement for the juvenile.
938.38(5)(c)5.
5. The date by which it is likely that the juvenile will be returned to his or her home or placed for adoption, with a guardian or in some other alternative permanent placement.
