AB130-SSA1,312,53 (e) Place any juvenile not specifically found under chs. 46, 49, 51, 115 and 880
4to be developmentally disabled, mentally ill or to have exceptional educational needs
5in facilities which exclusively treat those categories of juveniles.
AB130-SSA1,312,76 (g) Order the juvenile into detention or nonsecure custody under s. 938.34 (3)
7(f).
AB130-SSA1,312,14 8(2) If the court finds that a juvenile is in need of protection or services based on
9the fact that the juvenile is a school dropout, as defined in s. 118.153 (1) (b), or based
10on habitual truancy, and the court also finds that the reason the juvenile has dropped
11out of school or is a habitual truant is a result of the juvenile's intentional refusal to
12attend school rather than the failure of any other person to comply with s. 118.15 (1)
13(a), the court, instead of or in addition to any other disposition imposed under sub.
14(1), may enter an order permitted under s. 938.342.
AB130-SSA1,312,16 15938.346 Notice to victims of juveniles' acts. (1) Each known victim of a
16juvenile's act shall receive timely notice of the following information:
AB130-SSA1,312,1817 (a) The procedure under s. 938.396 (1r) for obtaining the identity of the juvenile
18and the juvenile's parents.
AB130-SSA1,312,2019 (b) The procedure under s. 938.396 (1r) for obtaining the juvenile's police
20records.
AB130-SSA1,312,2121 (c) The potential liability of the juvenile's parents under s. 895.035.
AB130-SSA1,312,2222 (d) Either of the following:
AB130-SSA1,313,523 1. Information regarding any deferred prosecution agreement under s.
24938.245, any consent decree under s. 938.32 or any dispositional order under ss.
25938.34 to 938.345. The information may not include reports under s. 938.295 or

1938.33 or any other information that deals with sensitive personal matters of the
2juvenile and the juvenile's family and that does not directly relate to the act or alleged
3act committed against the victim. This subdivision does not affect the right of a
4victim to attend any hearing that the victim is permitted to attend under s. 938.299
5(1) (am).
AB130-SSA1,313,76 2. The procedure the victim may follow for obtaining the information in subd.
71.
AB130-SSA1,313,158 (e) The procedure under s. 938.296 under which the victim, if an adult, or the
9parent, guardian or legal custodian of the victim, if the victim is a child, may request
10an order requiring a juvenile who is alleged to have violated s. 940.225, 948.02,
11948.025, 948.05 or 948.06 to submit to a test or a series of tests to detect the presence
12of HIV, as defined in s. 252.01 (1m), antigen or nonantigenic products of HIV, an
13antibody to HIV or a sexually transmitted disease, as defined in s. 252.11 (1), and to
14have the results of that test or series of tests disclosed as provided in s. 938.296 (4)
15(a) to (e).
AB130-SSA1,313,1716 (f) The right to request and receive notice of the time and place of any hearing
17that the victim may attend under s. 938.299 (1) (am).
AB130-SSA1,313,1918 (g) The right to make a statement to the court as provided in ss. 938.32 (1) (b)
19and 938.335 (3m).
AB130-SSA1,314,3 20(1m) The intake worker shall provide notice of the information specified in sub.
21(1) (a), (b) and (c), the information specified in sub. (1) (d) relating to a deferred
22prosecution agreement under s. 938.245 and the information specified in sub. (3) if
23the inquiry is terminated without a deferred prosecution agreement before the filing
24of a petition. The district attorney or corporation counsel shall provide notice of the
25information specified in sub. (1) (e), (f) and (g), the information specified in sub. (1)

1(d) relating to a consent decree under s. 938.32 or a dispositional order under ss.
2938.34 to 938.345 and the information under sub. (3) if the proceeding is terminated
3without a consent decree or dispositional order after the filing of a petition.
AB130-SSA1,314,5 4(2) The notice under sub. (1) shall include an explanation of the restrictions on
5divulging information obtained under this chapter and the penalties for violations.
AB130-SSA1,314,9 6(3) If an inquiry or proceeding is closed, dismissed or otherwise does not result
7in a deferred prosecution agreement, consent decree or dispositional order, a
8reasonable attempt shall be made to inform each known victim of the juvenile's
9alleged act that the inquiry or proceeding has been terminated.
AB130-SSA1,314,11 10(4) If the victim is a child, the notice under this section shall be given to the
11child's parents, guardian or legal custodian.
AB130-SSA1,314,14 12(5) Chief judges and circuit judges shall establish by policy and rule procedures
13for the implementation of this section. The policies and rules shall specify when, how
14and by whom the notice under this section shall be provided to victims.
AB130-SSA1,314,22 15938.35 Effect of judgment and disposition. (1) The court shall enter a
16judgment setting forth the court's findings and disposition in the proceeding. A
17judgment in a proceeding on a petition under this subchapter is not a conviction of
18a crime, does not impose any civil disabilities ordinarily resulting from the conviction
19of a crime and does not operate to disqualify the juvenile in any civil service
20application or appointment. The disposition of a juvenile, and any record of evidence
21given in a hearing in court, is not admissible as evidence against the juvenile in any
22case or proceeding in any other court except for the following:
AB130-SSA1,314,2423 (a) In sentencing proceedings after conviction of a felony or misdemeanor and
24then only for the purpose of a presentence study and report.
AB130-SSA1,315,2
1(b) In a proceeding in any court assigned to exercise jurisdiction under this
2chapter and ch. 48.
AB130-SSA1,315,43 (c) In a court of civil or criminal jurisdiction while it is exercising the
4jurisdiction of a family court and is considering the custody of juveniles.
AB130-SSA1,315,65 (cm) In a court of civil or criminal jurisdiction for purposes of setting bail under
6ch. 969 or impeaching a witness under s. 906.09.
AB130-SSA1,315,97 (d) The fact that a juvenile has been adjudged delinquent on the basis of
8unlawfully and intentionally killing a person is admissible for the purpose of s.
9852.01 (2m) (bg).
AB130-SSA1,315,14 10(1m) Disposition by the court assigned to exercise jurisdiction under this
11chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any
12future proceeding on the same matter in criminal court when the juvenile reaches
13the age of 17. This paragraph does not affect proceedings in criminal court which
14have been transferred under s. 938.18.
AB130-SSA1,315,17 15(2) Except as specifically provided in sub. (1), this section does not preclude the
16court from disclosing information to qualified persons if the court considers the
17disclosure to be in the best interests of the juvenile or of the administration of justice.
AB130-SSA1,316,6 18938.355 Dispositional orders. (1) Intent. In any order under s. 938.34 or
19938.345, the court shall decide on a placement and treatment finding based on
20evidence submitted to the court. The disposition shall employ those means necessary
21to promote the objectives specified in s. 938.01. If the disposition places a juvenile
22who has been adjudicated delinquent outside the home under s. 938.34 (3) (c) or (d),
23the order shall include a finding that the juvenile's current residence will not
24safeguard the welfare of the juvenile or the community due to the serious nature of
25the act for which the juvenile was adjudicated delinquent. If the judge has

1determined that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or 3. applies,
2that determination shall be prima facie evidence that a less restrictive alternative
3than placement in a secured correctional facility or a secured child caring institution
4is not appropriate. If information under s. 938.331 has been provided in a court
5report under s. 938.33 (1), the court shall consider that information when deciding
6on a placement and treatment finding.
AB130-SSA1,316,12 7(2) Content of order; copy to parent. (a) In addition to the order, the court
8shall make written findings of fact and conclusions of law based on the evidence
9presented to the court to support the disposition ordered, including findings as to the
10juvenile's condition and need for special treatment or care if an examination or
11assessment was conducted under s. 938.295. A finding may not include a finding that
12a juvenile is in need of psychotropic medications.
AB130-SSA1,316,1313 (b) The court order shall be in writing and shall contain:
AB130-SSA1,316,1814 1. The specific services or continuum of services to be provided to the juvenile
15and family, the identity of the agencies which are to be primarily responsible for the
16provision of the services mandated by the court, the identity of the person or agency
17who will provide case management or coordination of services, if any, and, if custody
18is to be transferred to effect the treatment plan, the identity of the legal custodian.
AB130-SSA1,317,419 2. If the juvenile is placed outside the home, the name of the place or facility,
20including transitional placements, where the juvenile shall be cared for or treated,
21except that if the placement is a foster home or treatment foster home and the name
22and address of the foster parent or treatment foster parent is not available at the time
23of the order, the name and address of the foster parent or treatment foster parent
24shall be furnished to the court and the parent within 21 days of the order. If, after
25a hearing on the issue with due notice to the parent or guardian, the court finds that

1disclosure of the identity of the foster parent or treatment foster parent would result
2in imminent danger to the juvenile, the foster parent or the treatment foster parent,
3the court may order the name and address of the prospective foster parents or
4treatment foster parents withheld from the parent or guardian.
AB130-SSA1,317,55 3. The date of the expiration of the court's order.
AB130-SSA1,317,96 4. If the juvenile is placed outside the juvenile's home, a designation of the
7amount of support, if any, to be paid by the juvenile's parent, guardian or trustee,
8specifying that the support obligation begins on the date of the placement, or a
9referral to the county designee under s. 59.07 (97) for establishment of child support.
AB130-SSA1,317,1110 5. For a juvenile placed outside his or her home pursuant to an order under s.
11938.34 (3) or 938.345, a permanency plan under s. 938.38 if one has been prepared.
AB130-SSA1,317,1812 6. If the juvenile is placed outside the home, the court's finding as to whether
13a county department which provides social services or the agency primarily
14responsible for the provision of services under a court order has made reasonable
15efforts to prevent the removal of the juvenile from the home or, if applicable, that the
16agency primarily responsible for the provision of services under a court order has
17made reasonable efforts to make it possible for the juvenile to return to his or her
18home.
AB130-SSA1,317,1919 7. A statement of the conditions with which the juvenile is required to comply.
AB130-SSA1,317,2420 (c) If school attendance is a condition of an order under par. (b) 7., the order shall
21specify what constitutes a violation of the condition and shall direct the school board
22of the school district in which the juvenile is enrolled to notify the county department
23that is responsible for supervising the juvenile within 5 days after any violation of
24the condition by the juvenile.
AB130-SSA1,318,2
1(d) The court shall provide a copy of the dispositional order to the juvenile's
2parent, guardian or trustee.
AB130-SSA1,318,8 3(2c) Reasonable efforts standards. (a) When a court makes a finding under
4sub. (2) (b) 6. as to whether a county department which provides social services or
5the agency primarily responsible for providing services to the juvenile under a court
6order has made reasonable efforts to prevent the removal of the juvenile from his or
7her home, the court's consideration of reasonable efforts shall include, but not be
8limited to, whether:
AB130-SSA1,318,119 1. A comprehensive assessment of the family's situation was completed,
10including a determination of the likelihood of protecting the juvenile's welfare
11effectively in the home.
AB130-SSA1,318,1212 2. Financial assistance, if applicable, was provided to the family.
AB130-SSA1,318,1513 3. Services were offered or provided to the family, if applicable, and whether
14any assistance was provided to the family to enable the family to utilize the services.
15Examples of the types of services that may have been offered include:
AB130-SSA1,318,1616 a. In-home support services, such as homemakers and parent aides.
AB130-SSA1,318,1717 b. In-home intensive treatment services.
AB130-SSA1,318,1918 c. Community support services, such as day care, parenting skills training,
19housing assistance, employment training and emergency mental health services.
AB130-SSA1,318,2020 d. Specialized services for family members with special needs.
AB130-SSA1,318,2221 4. Monitoring of client progress and client participation in services was
22provided.
AB130-SSA1,318,2423 5. A consideration of alternative ways of addressing the family's needs was
24provided, if services did not exist or existing services were not available to the family.
AB130-SSA1,319,7
1(b) When a court makes a finding under sub. (2) (b) 6. as to whether the agency
2primarily responsible for providing services to the juvenile under a court order has
3made reasonable efforts to make it possible for the juvenile to return to his or her
4home, the court's consideration of reasonable efforts shall include, but not be limited
5to, the considerations listed under par. (a) 1. to 5. and whether visitation schedules
6between the juvenile and his or her parents were implemented, unless visitation was
7denied or limited by the court.
AB130-SSA1,319,15 8(2e) Permanency plans; filing; amended orders; copies. (a) If a permanency
9plan has not been prepared at the time the dispositional order is entered, or if the
10court orders a disposition that is not consistent with the permanency plan, the
11agency responsible for preparing the plan shall prepare a permanency plan that is
12consistent with the order or revise the permanency plan to conform to the order and
13shall file the plan with the court within the time specified in s. 938.38 (3). A
14permanency plan filed under this paragraph shall be made a part of the dispositional
15order.
AB130-SSA1,319,2016 (b) Each time a juvenile's placement is changed under s. 938.357 or a
17dispositional order is revised under s. 938.363 or extended under s. 938.365, the
18agency that prepared the permanency plan shall revise the plan to conform to the
19order and shall file a copy of the revised plan with the court. Each plan filed under
20this paragraph shall be made a part of the court order.
AB130-SSA1,319,2421 (c) Either the court or the agency that prepared the permanency plan shall
22furnish a copy of the original plan and each revised plan to the juvenile's parent or
23guardian, to the juvenile or the juvenile's counsel or guardian ad litem and to the
24person representing the interests of the public.
AB130-SSA1,320,6
1(2m) Transitional placements. The court order may include the name of
2transitional placements, but may not designate a specific time when transitions are
3to take place. The procedures of ss. 938.357 and 938.363 shall govern when such
4transitions take place. The court, however, may place specific time limitations on
5interim arrangements made for the care of the juvenile pending the availability of
6the dispositional placement.
AB130-SSA1,320,9 7(3) Parental visitation. If, after a hearing on the issue with due notice to the
8parent or guardian, the court finds that it would be in the best interest of the juvenile,
9the court may set reasonable rules of parental visitation.
AB130-SSA1,320,12 10(3m) Orders based on evidence. Dispositional orders under s. 938.343 or
11938.344 shall be based upon the evidence except that this subsection does not require
12a dispositional hearing for the disposition of an uncontested citation.
AB130-SSA1,320,21 13(4) Termination of orders. (a) Except as provided under par. (b) or s. 938.368,
14all orders under this section shall terminate at the end of one year unless the court
15specifies a shorter period of time. Except if s. 938.368 applies, extensions or revisions
16shall terminate at the end of one year unless the court specifies a shorter period of
17time. No extension under s. 938.365 of an original dispositional order may be granted
18for a juvenile who is subject to an order under s. 938.34 (4h), (4m) or (4n) if the
19juvenile is 17 years of age or older when the original dispositional order terminates.
20Any order made before the juvenile reaches the age of majority shall be effective for
21a time up to one year after its entry unless the court specifies a shorter period of time.
AB130-SSA1,321,422 (b) An order under s. 938.34 (4h) or (4m) for which a juvenile has been
23adjudicated delinquent is subject to par. (a), except that the judge may make an order
24under s. 938.34 (4m) apply for up to 2 years or until the juvenile's 18th birthdate,
25whichever is earlier and the judge shall make an order under s. 938.34 (4h) apply for

15 years, if the juvenile is adjudicated delinquent for committing an act that would
2be punishable as a Class B felony if committed by an adult, or until the juvenile
3reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an
4act that would be punishable as a Class A felony if committed by an adult.
AB130-SSA1,321,10 5(4m) Expungement of record. A juvenile who has been adjudged delinquent
6may, on attaining 17 years of age, petition the court to expunge the court's record of
7the juvenile's adjudication. The court may expunge the court's record of the juvenile's
8adjudication if the court determines that the juvenile has satisfactorily complied
9with the conditions of his or her dispositional order and that the juvenile will benefit
10and society will not be harmed by the expungement.
AB130-SSA1,321,12 11(5) Effect of court order. Any party, person or agency who provides services
12for the juvenile under this section shall be bound by the court order.
AB130-SSA1,322,2 13(6) Sanctions for violation of order; delinquency or civil law or ordinance
14violation.
(a) If a juvenile who has been adjudged delinquent or to have violated a
15civil law or ordinance violates a condition specified in sub. (2) (b) 7., the court may
16impose on the juvenile any of the sanctions specified in par. (d) if, at the dispositional
17hearing under s. 938.335, the court explained the conditions to the juvenile and
18informed the juvenile of those possible sanctions or if before the violation the juvenile
19has acknowledged in writing that he or she has read, or has had read to him or her,
20those conditions and possible sanctions and that he or she understands those
21conditions and possible sanctions. The court may not order the sanction of placement
22in a place of nonsecure custody specified in par. (d) 1. unless the court finds that the
23agency primarily responsible for providing services for the juvenile has made
24reasonable efforts to prevent the removal of the juvenile from his or her home and

1that continued placement of the juvenile in his or her home is contrary to the welfare
2of the juvenile.
AB130-SSA1,322,113 (an) If a juvenile who has violated a municipal ordinance violates a condition
4of a dispositional order imposed by the municipal court, the municipal court may
5petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to
6impose on the juvenile any of the sanctions specified in par. (d) 1. or 3. if, at the time
7of the judgment the municipal court explained the conditions to the juvenile and
8informed the juvenile of the possible sanctions under par. (d) 1. and 3. for a violation
9or if before the violation the juvenile has acknowledged in writing that he or she has
10read, or has had read to him or her, those conditions and possible sanctions and that
11he or she understands those conditions and possible sanctions.
AB130-SSA1,322,1612 (b) A motion for imposition of a sanction may be brought by the person or agency
13primarily responsible for the provision of dispositional services, the district attorney
14or corporation counsel or the court that entered the dispositional order. Notice of the
15motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian,
16legal custodian and all parties present at the original dispositional hearing.
AB130-SSA1,322,1817 (c) Before imposing any sanction, the court shall hold a hearing, at which the
18juvenile is entitled to be represented by legal counsel and to present evidence.
AB130-SSA1,322,2119 (d) The court may order any of the following sanctions as a consequence for any
20incident in which the juvenile has violated one or more conditions of his or her
21dispositional order:
AB130-SSA1,323,422 1. Placement of the juvenile in a secure detention facility or juvenile portion
23of a county jail that meets the standards promulgated by the department of
24corrections by rule or in a place of nonsecure custody, for not more than 10 days and
25the provision of educational services consistent with his or her current course of

1study during the period of placement. The juvenile shall be given credit against the
2period of detention or nonsecure custody imposed under this subdivision for all time
3spent in secure detention in connection with the course of conduct for which the
4detention or nonsecure custody was imposed.
AB130-SSA1,323,105 2. Suspension of or limitation on the use of the juvenile's operating privilege,
6as defined under s. 340.01 (40), or of any approval issued under ch. 29 for a period
7of not more than 3 years. If the court suspends the juvenile's operating privileges or
8an approval issued under ch. 29, the court shall immediately take possession of the
9suspended license or approval and forward it to the department that issued it,
10together with the notice of suspension.
AB130-SSA1,323,1411 3. Detention in the juvenile's home or current residence for a period of not more
12than 30 days under rules of supervision specified in the order. An order under this
13subdivision may require the juvenile to be monitored by an electronic monitoring
14system.
AB130-SSA1,323,1615 4. Not more than 25 hours of uncompensated participation in a supervised
16work program or other community service work under s. 938.34 (5g).
AB130-SSA1,324,25 17(6d) Short-term detention for violation of order. Notwithstanding ss.
18938.19 to 938.21, but subject to any general written policies adopted by the court
19under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to
20the taking into custody and placement of a juvenile under this subsection, if a
21juvenile who has been adjudged delinquent violates a condition specified in sub. (2)
22(b) 7., the juvenile's caseworker may, without a hearing, take the juvenile into
23custody and place the juvenile in a secure detention facility or juvenile portion of a
24county jail that meets the standards promulgated by the department of corrections
25by rule or in a place of nonsecure custody designated by the caseworker for not more

1than 72 hours while the alleged violation is being investigated, if at the dispositional
2hearing the court explained those conditions to the juvenile and informed the
3juvenile of the possibility of that placement or if before the violation the juvenile has
4acknowledged in writing that he or she has read, or has had read to him or her, those
5conditions and that possible placement and that he or she understands those
6conditions and that possible placement. Notwithstanding ss. 938.19 to 938.21, but
7subject to any general written policies adopted by the court under s. 938.06 (1) or (2)
8and to any policies adopted by the county board relating to the taking into custody
9and placement of a juvenile under this subsection, if a juvenile who has been found
10to be in need of protection or services under s. 938.13 violates a condition specified
11in sub. (2) (b) 7., the juvenile's caseworker may, without a hearing, take the juvenile
12into custody and place the juvenile in a place of nonsecure custody designated by the
13caseworker for not more than 72 hours while the alleged violation is being
14investigated, if at the dispositional hearing the court explained those conditions to
15the juvenile and informed the juvenile of the possibility of that placement or if before
16the violation the juvenile has acknowledged in writing that he or she has read, or has
17had read to him or her, those conditions and that possible placement and the he or
18she understands those conditions and that possible placement. If a juvenile is held
19in a secure detention facility, juvenile portion of a county jail or place of nonsecure
20custody for longer than 72 hours, the juvenile is entitled to a hearing under sub. (6)
21(c) or s. 938.21. The hearing shall be conducted in the manner provided in sub. (6)
22or s. 938.21, except that for a hearing under s. 938.21 the hearing shall be conducted
23within 72 hours, rather than 24 hours, after the time that the decision to hold the
24juvenile was made and a written statement of the reasons for continuing to hold the
25juvenile in custody may be filed rather than a petition under s. 938.25.
AB130-SSA1,325,11
1(6g) Contempt for continued violation of order. (a) If a juvenile upon whom
2the court has imposed a sanction under sub. (6) (a) commits a 2nd or subsequent
3violation of a condition specified in sub. (2) (b) 7., the district attorney may file a
4petition under s. 938.12 charging the juvenile with contempt of court, as defined in
5s. 785.01 (1), and reciting the disposition under s. 938.34 sought to be imposed. The
6district attorney may bring the motion on his or her own initiative or on the request
7of the court that imposed the condition specified in sub. (2) (b) 7. or that imposed the
8sanction under sub. (6) (a). If the district attorney brings the motion on the request
9of the court that imposed the condition specified in sub. (2) (b) 7. or that imposed the
10sanction under sub. (6) (a), that court is disqualified from holding any hearing on the
11contempt petition.
AB130-SSA1,325,1412 (b) The court may find a juvenile in contempt of court, as defined in s. 785.01
13(1), and order a disposition under s. 938.34 only if the court makes all of the following
14findings:
AB130-SSA1,325,1715 1. That the juvenile has previously been sanctioned under sub. (6) (a) for
16violating a condition specified in sub. (2) (b) 7. and, subsequent to that sanction, has
17committed another violation of a condition specified in sub. (2) (b) 7.
AB130-SSA1,325,2018 2. That at the sanction hearing the court explained the conditions to the
19juvenile and informed the juvenile of a possible finding of contempt for a violation
20and the possible consequences of that contempt.
AB130-SSA1,325,2121 3. That the violation is egregious.
AB130-SSA1,325,2322 4. That the court has considered less restrictive alternatives and found them
23to be ineffective.
AB130-SSA1,326,20 24(6m) Sanctions for violation of order: habitual truancy. (a) If a juvenile
25who has been found in need of protection or services based on habitual truancy from

1school violates a condition specified under sub. (2) (b) 7., the court may order as a
2sanction any combination of the operating privilege suspension specified in this
3paragraph and the dispositions specified in s. 938.342 (1) (b) to (f) and (1m),
4regardless of whether the disposition was imposed in the order violated by the
5juvenile, if at the dispositional hearing under s. 938.335 the court explained those
6conditions to the juvenile and informed the juvenile of the possible sanctions under
7this paragraph for a violation or if before the violation the juvenile has acknowledged
8in writing that he or she has read, or has had read to him or her, those conditions and
9possible sanctions and that he or she understands those conditions and possible
10sanctions. The court may order as a sanction suspension of the juvenile's operating
11privilege, as defined under s. 340.01 (40), for not more than one year. If the juvenile
12does not hold a valid operator's license under ch. 343, other than an instruction
13permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order
14issued under this paragraph, the court may order the suspension to begin on the date
15that the operator's license would otherwise be reinstated or issued after the juvenile
16applies and qualifies for issuance or 2 years after the date of the order issued under
17this paragraph, whichever occurs first. If the court suspends an operating privilege
18under this paragraph, the court shall immediately take possession of the suspended
19license and forward it to the department of transportation with a notice stating the
20reason for and the duration of the suspension.
AB130-SSA1,327,321 (b) A motion for the imposition of a sanction under par. (a) may be brought by
22the person or agency primarily responsible for providing dispositional services to the
23juvenile, the administrator of the school district in which the juvenile is enrolled or
24resides, the district attorney, the corporation counsel or the court that entered the
25dispositional order. If the court initiates the motion, that court is disqualified from

1holding a hearing on the motion. Notice of the motion shall be given to the juvenile,
2guardian ad litem, counsel, parent, guardian, legal custodian and all parties present
3at the original dispositional hearing.
AB130-SSA1,327,74 (c) Before imposing a sanction under par. (a), the court shall hold a hearing at
5which the juvenile is entitled to be represented by legal counsel and to present
6evidence. The hearing shall be held within 15 days after the filing of a motion under
7par. (b).
AB130-SSA1,327,11 8(7) Orders applicable to parents, guardians, legal custodians and other
9adults.
In addition to any dispositional order entered under s. 938.34 or 938.345, the
10court may enter an order applicable to a juvenile's parent, guardian or legal
11custodian or to another adult, as provided under s. 938.45.
AB130-SSA1,327,17 12938.356 Duty of court to warn. (1) Whenever the court orders a juvenile
13to be placed outside his or her home because the juvenile has been adjudged to be in
14need of protection or services under s. 938.345, 938.357, 938.363 or 938.365, the court
15shall orally inform the parent or parents who appear in court of any grounds for
16termination of parental rights under s. 48.415 which may be applicable and of the
17conditions necessary for the juvenile to be returned to the home.
AB130-SSA1,327,20 18(2) In addition to the notice required under sub. (1), any written order which
19places a juvenile outside the home under sub. (1) shall notify the parent or parents
20of the information specified under sub. (1).
AB130-SSA1,328,17 21938.357 Change in placement. (1) The person or agency primarily
22responsible for implementing the dispositional order may request a change in the
23placement of the juvenile, whether or not the change requested is authorized in the
24dispositional order and shall cause written notice to be sent to the juvenile or the
25juvenile's counsel or guardian ad litem, parent, foster parent, guardian and legal

1custodian. The notice shall contain the name and address of the new placement, the
2reasons for the change in placement, a statement describing why the new placement
3is preferable to the present placement and a statement of how the new placement
4satisfies objectives of the treatment plan ordered by the court. Any person receiving
5the notice under this subsection or notice of the specific foster or treatment foster
6placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an
7objection with the court within 10 days after receipt of the notice. Placements shall
8not be changed until 10 days after such notice is sent to the court unless the parent,
9guardian or legal custodian and the juvenile, if 12 or more years of age, sign written
10waivers of objection, except that placement changes which were authorized in the
11dispositional order may be made immediately if notice is given as required in this
12subsection. In addition, a hearing is not required for placement changes authorized
13in the dispositional order except where an objection filed by a person who received
14notice alleges that new information is available which affects the advisability of the
15court's dispositional order. If a hearing is held under this subsection and the change
16in placement would remove a juvenile from a foster home, the foster parent may
17submit a written statement prior to the hearing.
AB130-SSA1,329,2 18(2) If emergency conditions necessitate an immediate change in the placement
19of a juvenile placed outside the home, the person or agency primarily responsible for
20implementing the dispositional order may remove the juvenile to a new placement,
21whether or not authorized by the existing dispositional order, without the prior
22notice provided in sub. (1). The notice shall, however, be sent within 48 hours after
23the emergency change in placement. Any party receiving notice may demand a
24hearing under sub. (1). In emergency situations, the juvenile may be placed in a

1licensed public or private shelter care facility as a transitional placement for not
2more than 20 days, as well as in any placement authorized under s. 938.34 (3).
AB130-SSA1,329,21 3(2m) The juvenile, parent, guardian, legal custodian or any person or agency
4primarily bound by the dispositional order, other than the person or agency
5responsible for implementing the order, may request a change in placement under
6this subsection. The request shall contain the name and address of the place of the
7new placement requested and shall state what new information is available which
8affects the advisability of the current placement. This request shall be submitted to
9the court. In addition, the court may propose a change in placement on its own
10motion. The court shall hold a hearing on the matter prior to ordering any change
11in placement under this subsection if the request states that new information is
12available which affects the advisability of the current placement, unless written
13waivers of objection to the proposed change in placement are signed by all parties
14entitled to receive notice under sub. (1) and the court approves. If a hearing is
15scheduled, the court shall notify the juvenile, parent, foster parent, guardian, legal
16custodian and all parties who are bound by the dispositional order at least 3 days
17prior to the hearing. A copy of the request or proposal for the change in placement
18shall be attached to the notice. If all the parties consent, the court may proceed
19immediately with the hearing. If a hearing is held under this subsection and the
20change in placement would remove a juvenile from a foster home, the foster parent
21may submit a written statement prior to the hearing.
AB130-SSA1,330,5 22(3) Subject to sub. (4) (b) and (5) (e), if the proposed change in placement would
23involve placing a juvenile in a secured correctional facility or in a secured child caring
24institution, notice shall be given as provided in sub. (1). A hearing shall be held,
25unless waived by the juvenile, parent, guardian and legal custodian, before the judge

1makes a decision on the request. The juvenile shall be entitled to counsel at the
2hearing, and any party opposing or favoring the proposed new placement may
3present relevant evidence and cross-examine witnesses. The proposed new
4placement may be approved only if the judge finds, on the record, that the conditions
5set forth in s. 938.34 (4m) have been met.
AB130-SSA1,330,15 6(4) (a) When the juvenile is placed with the department, the department may,
7after an examination under s. 938.50, place the juvenile in a secured correctional
8facility or a secured child caring institution or on aftercare supervision, either
9immediately or after a period of placement in a secured correctional facility or a
10secured child caring institution. The department shall send written notice of the
11change to the parent, guardian, legal custodian, county department designated
12under s. 938.34 (4n), if any, and committing court. A juvenile who is placed in a
13secured child caring institution remains under the supervision of the department,
14remains subject to the rules and discipline of that department and is considered to
15be in custody, as defined in s. 946.42 (1) (a).
AB130-SSA1,331,216 (b) If a juvenile who is placed in a secured child caring institution violates a
17condition of his or her placement in the secured child caring institution, the child
18welfare agency operating the secured child caring institution shall notify the
19department, and the department, without a hearing under sub. (1), may return the
20juvenile to a secured correctional facility or place the juvenile in a secure detention
21facility for not more than 30 days as a sanction for that violation. The department
22shall send written notice of the change to the parent, guardian, legal custodian and
23committing court. If a juvenile is returned to a secured correctional facility or placed
24in a secure detention facility under this paragraph, the child welfare agency
25operating the secured child caring institution in which the juvenile was placed shall

1reimburse the department or county for the cost of the juvenile's care while placed
2in the secured correctional facility or secure detention facility under this paragraph.
AB130-SSA1,331,73 (c) The child welfare agency that is operating a secured child caring institution
4in which a juvenile has been placed under par. (a) may place the juvenile in a less
5restrictive placement, and may replace in the secured child caring institution that
6juvenile, without a hearing under sub. (1). The child welfare agency shall establish
7a rate for each type of placement in the manner provided in s. 46.037.
AB130-SSA1,331,15 8(4g) (a) Not later than 120 days after the date on which the juvenile is placed
9in a secured correctional facility or a secured child caring institution, or within 30
10days after the date on which the department requests the aftercare plan, whichever
11is earlier, the aftercare provider designated under s. 938.34 (4n) shall prepare an
12aftercare plan for the juvenile. If the aftercare provider designated under s. 938.34
13(4n) is a county department, that county department shall submit the aftercare plan
14to the department within the time limits specified in this paragraph, unless the
15department waives those time limits under par. (b).
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