938.365 Note
NOTE: Subd. 1. is shown as affected by
2011 Wis. Acts 181 and
258 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
938.365(2m)(a)1m.
1m. The court shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the juvenile to achieve the permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement. If the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under
s. 938.13 (4),
(6),
(6m), or
(7), the findings of fact shall also include a finding that active efforts under
s. 938.028 (4) (d) 2. were made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful. An order shall be issued under
s. 938.355.
938.365 Note
NOTE: Subd. 1m. is shown as affected by
2011 Wis. Acts 181 and
258 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
938.365(2m)(a)1r.a.a. If the juvenile is placed outside of his or her home and if the juvenile has one or more siblings, as defined in
s. 938.38 (4) (br) 1., who have also been placed outside the home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the agency has made reasonable efforts to place the juvenile in a placement that enables the sibling group to remain together, unless the court has determined that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the agency shall present as evidence specific information showing that agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the juvenile and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings.
938.365(2m)(a)1r.b.
b. If the juvenile is placed outside the home and if the juvenile has one or more siblings, as defined in
s. 938.38 (4) (br) 1., who have also been placed outside the home, the findings of fact shall include a finding as to whether reasonable efforts have been made by the agency primarily responsible for providing services to the juvenile to place the juvenile in a placement that enables the sibling group to remain together, unless the court has determined that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the findings of fact shall include a finding as to whether reasonable efforts have been made by the agency to provide for frequent visitation or other ongoing interaction between the juvenile and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings.
938.365(2m)(a)2.
2. If the court finds that any of the circumstances under
s. 938.355 (2d) (b) 1. to
4. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the juvenile is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.
938.365(2m)(a)3.
3. The court shall make the findings under
subd. 1m. relating to reasonable efforts to achieve the permanency goal of the juvenile's permanency plan and the findings under
subd. 2. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the order issued under
s. 938.355. An order that merely references
subd. 1m. or
2. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.
938.365(2m)(ad)
(ad) If the court finds that any of the circumstances under
s. 938.355 (2d) (b) 1. to
4. applies with respect to a parent, the court shall hold a hearing under
s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency goal and, if applicable, any concurrent permanency goals for the juvenile.
938.365(2m)(ag)
(ag) The court shall give a foster parent or other physical custodian described in
s. 48.62 (2) who is notified of a hearing under
sub. (2) 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, relevant to the issue of extension. A foster parent or other physical custodian who receives notice of a hearing under
sub. (2) and a right 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 having the right 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) Waiver of appearance. The appearance of any juvenile may be waived by consent of the juvenile, counsel or guardian ad litem.
938.365(4)
(4) Dispositions to be considered. The court shall determine which dispositions are to be considered for extensions.
938.365(5)
(5) Duration of extension. Except as provided in
s. 938.368, an order under this section that continues the placement of a juvenile in his or her home or that extends an order under
s. 938.34 (4d),
(4h),
(4m), or
(4n) shall be for a specified length of time not to exceed one year after its date of entry. Except as provided in
s. 938.368, an order under this section that continues the placement of a juvenile in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall be for a specified length of time not to exceed the date on which the juvenile attains 18 years of age, one year after the date on which the order is granted, or, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 19 years of age, the date on which the juvenile attains 19 years of age, whichever is later.
938.365(6)
(6) Hearings conducted after order terminates. 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 under
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 period specified in this subsection. Failure to object if a hearing is not held within the time period under this subsection waives any challenge to the court's competency to act on the request.
938.365(7)
(7) Changes in placement and trial reunifications not permitted. Nothing in this section may be construed to allow any changes in placement, trial reunification, or revocation of aftercare supervision. Revocation and other changes in placement may take place only under
s. 938.357, and trial reunifications may take place only under
s. 938.358.
938.365 Annotation
A dispositional order may be extended without a finding of dangerousness. [cites former s. 48.365] In Interest of R.E.H.
101 Wis. 2d 647,
305 N.W.2d 162 (Ct. App. 1981).
938.365 Annotation
An extension under sub. (6) [former s. 48.3650] does not deprive a juvenile of liberty without due process. In Interest of S.D.R.
109 Wis. 2d 567,
326 N.W.2d 762 (1982).
938.365 Annotation
The court may extend a dispositional order for 30 days under sub. (6) to consider a petition to extend the original order even when the juvenile turns 18 during the extension period. [cites former s. 48.365] In Interest of W.P.
153 Wis. 2d 50,
449 N.W.2d 615 (1990).
938.365 Annotation
After a juvenile's dispositional order expires, a circuit court may not grant a 30-day temporary extension of the order under sub. (6). The statute does not allow for an extension by implication, by inference, or after the fact. When no temporary extension was granted prior to the expiration of the dispositional order, the circuit court could not act with respect to the juvenile once the dispositional order expired. State v. Michael S., Jr.
2005 WI 82,
282 Wis. 2d 1,
698 N.W.2d 673,
03-2934.
938.368
938.368
Continuation of dispositional orders. 938.368(1)
(1)
Termination of parental rights proceedings. 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) Placement with guardian. 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, the 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.
938.37(1)(1)
Juvenile court. A court assigned to exercise jurisdiction under this chapter and
ch. 48 may not impose costs, fees, or surcharges under
ch. 814 against a juvenile under 14 years of age. A court may impose costs, fees, and surcharges under
ch. 814 against a juvenile 14 years of age or older.
938.37(3)
(3) Civil and criminal courts. Notwithstanding
sub. (1), courts of civil and criminal jurisdiction exercising jurisdiction under
s. 938.17 may assess the same costs, fees, and surcharges imposed under
ch. 814 against juveniles as they may assess against adults, except that witness fees may not be charged to the juvenile.
938.371
938.371
Access to certain information by substitute care provider. 938.371(1)(1)
Medical information. If a juvenile is placed in a foster home, group home, residential care center for children and youth, or juvenile correctional facility or in the home of a relative other than a parent, 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, relative, or operator of the group home, residential care center for children and youth, or juvenile 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 an HIV test, as defined in
s. 252.01 (2m), of the juvenile as provided under
s. 252.15 (3m) (d) 15., 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, relative, or operator of the group home, residential care center for children and youth, or juvenile 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.
938.371(1)(c)
(c) Any other medical information concerning the juvenile that is necessary for the care of the juvenile.
938.371(3)
(3) Other information. At the time of placement of a juvenile in a foster home, group home, residential care center for children and youth, or juvenile correctional facility or in the home of a relative other than a parent 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, relative, or operator of the group home, residential care center for children and youth, or juvenile 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.
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.
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.
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,
948.025, or
948.085, 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, group home, residential care center for children and youth, or juvenile correctional facility.
938.371(3)(e)
(e) The religious affiliation or beliefs of the juvenile.
938.371(4)
(4) Disclosure before placement permitted. Subsection (1) does not preclude an agency, as defined in
s. 48.38 (1) (a), that is arranging for the placement of a juvenile from providing the information specified in
sub. (1) (a) to
(c) to a person specified in
sub. (1) (intro.) before the time of placement of the juvenile.
Subsection (3) does not preclude an agency, as defined in
s. 48.38 (1) (a), responsible for preparing a juvenile's court report or permanency plan from providing the information specified in
sub. (3) (a) to
(e) to a person specified in
sub. (3) (intro.) before the time of placement of the juvenile.
938.371(5)
(5) Confidentiality of information. Except as permitted under
s. 252.15 (6), a foster parent, treatment foster parent, relative, or operator of a group home, residential care center for children and youth, or juvenile correctional facility that receives any information under
sub. (1) or
(3), other than the information described in
sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the juvenile or participating in a court hearing or permanency review concerning the juvenile.
938.373
938.373
Medical authorization. 938.373(1)
(1)
Authorization by court. 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(2)
(2) Abortion; judicial waiver of parental consent requirement. Section 48.375 (7) applies if the medical service authorized under
sub. (1) is an abortion.
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, group home, residential care center for children and youth, juvenile 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 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each juvenile living in the home of a guardian or a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions under
pars. (a) to
(e) 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) or
(5) (b).
938.38(2)(e)
(e) The juvenile is under the guardianship of the agency.
938.38(2)(f)
(f) The juvenile's care would be paid for under
s. 49.19 but for
s. 49.19 (20), except that this paragraph does not apply to a juvenile whose care is being paid for under
s. 48.623 (1).
938.38(3)
(3) Time. Subject to
sub. (4m) (a), the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first removed from his or her home, 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 juvenile 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 juvenile correctional facility or a secured residential care center for children and youth, 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 juvenile correctional facility or a secured c residential care center for children and youth, 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 juvenile 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 all of the following:
938.38(4)(ag)
(ag) The name, address, and telephone number of the juvenile's parent, guardian, and legal custodian.
938.38(4)(am)
(am) The date on which the juvenile was removed from his or her home and the date on which the juvenile was placed in out-of-home care.
938.38(4)(ar)
(ar) A description of the services offered and any services provided in an effort to prevent the removal of the juvenile from his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to achieve the goal of the permanency plan, except that the permanency plan is not required to include a description of the services offered or provided with respect to a parent of the juvenile to prevent the removal of the juvenile from the home or to achieve the permanency goal of returning the juvenile safely to his or her home if any of the circumstances under
s. 938.355 (2d) (b) 1. to
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) A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, a statement as to why placement with the relative is not safe or appropriate.
938.38(4)(br)1.1. In this paragraph, "sibling" means a person who is a brother or sister of a juvenile, whether by blood, marriage, or adoption, including a person who has a brother or sister of a juvenile before the person was adopted or parental rights to the person were terminated.
938.38(4)(br)2.
2. If the juvenile has one or more siblings who have also been removed from the home, a description of the efforts made to place the juvenile in a placement that enables the sibling group to remain together and, if a decision is made not to place the juvenile 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 juvenile or any of those siblings and a description of the efforts made to provide for frequent visitation or other ongoing interaction between the juvenile and those siblings. If a decision is made not to provide for that visitation or interaction, the permanency plan shall include a statement as to why that visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings.
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)(dg)
(dg) Information about the juvenile's education, including all of the following:
938.38(4)(dg)1.
1. The name and address of the school in which the juvenile is or was most recently enrolled.
938.38(4)(dg)2.
2. Any special education programs in which the juvenile is or was previously enrolled.
938.38(4)(dg)3.
3. The grade level in which the juvenile is or was most recently enrolled and all information that is available concerning the juvenile's grade level performance.
938.38(4)(dg)4.
4. A summary of all available education records relating to the juvenile that are relevant to any education goals included in the education services plan prepared under
s. 938.33 (1) (e).
938.38(4)(dm)
(dm) If as a result of the placement the juvenile has been or will be transferred from the school in which the juvenile is or most recently was enrolled, documentation that a placement that would maintain the juvenile in that school is either unavailable or inappropriate or that a placement that would result in the juvenile's transfer to another school would be in the juvenile's best interests.
938.38(4)(dr)
(dr) Medical information relating to the juvenile, including all of the following:
938.38(4)(dr)1.
1. The names and addresses of the juvenile's physician, dentist, and any other health care provider that is or was previously providing health care services to the juvenile.
938.38(4)(dr)2.
2. The juvenile's immunization record, including the name and date of each immunization administered to the juvenile.
938.38(4)(dr)3.
3. Any known medical condition for which the juvenile is receiving medical care or treatment and any known serious medical condition for which the juvenile has previously received medical care or treatment.
