AB130: Bill Text Engrossed

AB130-engrossed,325,12 (6d) Short-term detention for violation of order. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subsection, if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker may, without a hearing, take the juvenile into custody and place the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by the caseworker for not more than 72 hours as a sanction, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that sanction. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subsection, if a juvenile who has been found to be in need of protection or services under s. 938.13 violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker may, without a hearing, take the juvenile into custody and place the juvenile in a place of nonsecure custody designated by the caseworker for not more than 72 hours as a sanction, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that sanction. If a juvenile is held in a secure detention facility, juvenile portion of a county jail or place of nonsecure custody for longer than 72 hours, the juvenile is entitled to a hearing under sub. (6) (c) or s. 938.21. The hearing shall be conducted in the manner provided in sub. (6) or s. 938.21, except that for a hearing under s. 938.21 the hearing shall be conducted within 72 hours, rather than 24 hours, after the time that the decision to hold the juvenile was made and a written statement of the reasons for continuing to hold the juvenile in custody may be filed rather than a petition under s. 938.25.

AB130-engrossed,325,23 (6g) Contempt for continued violation of order. (a) If a juvenile upon whom the court has imposed a sanction under sub. (6) (a) commits a 2nd or subsequent violation of a condition specified in sub. (2) (b) 7., the district attorney may file a petition under s. 938.12 charging the juvenile with contempt of court, as defined in s. 785.01 (1), and reciting the disposition under s. 938.34 sought to be imposed. The district attorney may bring the motion on his or her own initiative or on the request of the court that imposed the condition specified in sub. (2) (b) 7. or that imposed the sanction under sub. (6) (a). If the district attorney brings the motion on the request of the court that imposed the condition specified in sub. (2) (b) 7. or that imposed the sanction under sub. (6) (a), that court is disqualified from holding any hearing on the contempt petition.

AB130-engrossed,326,3 (b) The court may find a juvenile in contempt of court, as defined in s. 785.01 (1), and order a disposition under s. 938.34 only if the court makes all of the following findings:

AB130-engrossed,326,6 1. That the juvenile has previously been sanctioned under sub. (6) (a) for violating a condition specified in sub. (2) (b) 7. and, subsequent to that sanction, has committed another violation of a condition specified in sub. (2) (b) 7.

AB130-engrossed,326,9 2. That at the sanction hearing the court explained the conditions to the juvenile and informed the juvenile of a possible finding of contempt for a violation and the possible consequences of that contempt.

AB130-engrossed,326,10 3. That the violation is egregious.

AB130-engrossed,326,12 4. That the court has considered less restrictive alternatives and found them to be ineffective.

AB130-engrossed,327,7 (6m) Sanctions for violation of order: habitual truancy. (a) If a juvenile who has been found in need of protection or services based on habitual truancy from school violates a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in this paragraph and the dispositions specified in s. 938.342 (1) (b) to (e) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained that condition to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation. The court may order as a sanction suspension of the juvenile's operating privilege, as defined under s. 340.01 (40), for not more than one year. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this paragraph, the court may order the suspension to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this paragraph, whichever occurs first. If the court suspends an operating privilege under this paragraph, the court shall immediately take possession of the suspended license and forward it to the department of transportation with a notice stating the reason for and the duration of the suspension.

AB130-engrossed,327,15 (b) A motion for the imposition of a sanction under par. (a) may be brought by the person or agency primarily responsible for providing dispositional services to the juvenile, the administrator of the school district in which the juvenile is enrolled or resides, the district attorney, the corporation counsel or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian and all parties present at the original dispositional hearing.

AB130-engrossed,327,19 (c) Before imposing a sanction under par. (a), the court shall hold a hearing at which the juvenile is entitled to be represented by legal counsel and to present evidence. The hearing shall be held within 15 days after the filing of a motion under par. (b).

AB130-engrossed,327,23 (7) Orders applicable to parents, guardians, legal custodians and other adults. In addition to any dispositional order entered under s. 938.34 or 938.345, the court may enter an order applicable to a juvenile's parent, guardian or legal custodian or to another adult, as provided under s. 938.45.

AB130-engrossed,328,4 938.356 Duty of court to warn. (1) Whenever the court orders a juvenile to be placed outside his or her home because the juvenile has been adjudged to be in need of protection or services under s. 938.345, 938.357, 938.363 or 938.365, the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the juvenile to be returned to the home.

AB130-engrossed,328,7 (2) In addition to the notice required under sub. (1), any written order which places a juvenile outside the home under sub. (1) shall notify the parent or parents of the information specified under sub. (1).

AB130-engrossed,329,4 938.357 Change in placement. (1) The person or agency primarily responsible for implementing the dispositional order may request a change in the placement of the juvenile, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the juvenile or the juvenile's counsel or guardian ad litem, parent, foster parent, guardian and legal custodian. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements shall not be changed until 10 days after such notice is sent to the court unless the parent, guardian or legal custodian and the juvenile, if 12 or more years of age, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order. If a hearing is held under this subsection and the change in placement would remove a juvenile from a foster home, the foster parent may submit a written statement prior to the hearing.

AB130-engrossed,329,13 (2) If emergency conditions necessitate an immediate change in the placement of a juvenile placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the juvenile to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1). In emergency situations, the juvenile may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 938.34 (3).

AB130-engrossed,330,7 (2m) The juvenile, parent, guardian, legal custodian or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which affects the advisability of the current placement. This request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion. The court shall hold a hearing on the matter prior to ordering any change in placement under this subsection if the request states that new information is available which affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) and the court approves. If a hearing is scheduled, the court shall notify the juvenile, parent, foster parent, guardian, legal custodian and all parties who are bound by the dispositional order at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all the parties consent, the court may proceed immediately with the hearing. If a hearing is held under this subsection and the change in placement would remove a juvenile from a foster home, the foster parent may submit a written statement prior to the hearing.

AB130-engrossed,330,17 (3) If the proposed change in placement would involve placing a juvenile, other than a juvenile on aftercare, in a secured correctional facility under the supervision of the department or in a secured child caring institution, notice shall be given as provided in sub. (1). A hearing shall be held, unless waived by the juvenile, parent, guardian and legal custodian, before the judge makes a decision on the request. The juvenile shall be entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been met.

AB130-engrossed,331,2 (4) (a) When the juvenile is placed with the department, the department may, after an examination under s. 938.50, place the juvenile in a secured correctional facility or a secured child caring institution or on aftercare supervision, either immediately or after a period of placement in a secured correctional facility or a secured child caring institution. The department shall send written notice of the change to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. A juvenile who is placed in a secured child caring institution remains under the supervision of the department, remains subject to the rules and discipline of that department and is considered to be in custody, as defined in s. 946.42 (1) (a).

AB130-engrossed,331,14 (b) If a juvenile who is placed in a secured child caring institution violates a condition of his or her placement in the secured child caring institution, the child welfare agency operating the secured child caring institution shall notify the department, and the department, without a hearing under sub. (1), may return the juvenile to a secured correctional facility or place the juvenile in a secure detention facility for not more than 30 days as a sanction for that violation. The department shall send written notice of the change to the parent, guardian, legal custodian and committing court. If a juvenile is returned to a secured correctional facility or placed in a secure detention facility under this paragraph, the child welfare agency operating the secured child caring institution in which the juvenile was placed shall reimburse the department or county for the cost of the juvenile's care while placed in the secured correctional facility or secure detention facility under this paragraph.

AB130-engrossed,331,19 (c) The child welfare agency that is operating a secured child caring institution in which a juvenile has been placed under par. (a) may place the juvenile in a less restrictive placement, and may replace in the secured child caring institution that juvenile, without a hearing under sub. (1). The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

AB130-engrossed,332,3 (4g) (a) Not later than 120 days after the date on which the juvenile is placed in a secured correctional facility under the supervision of the department or in a secured child caring institution, or not less than 30 days before the date on which the department determines that the juvenile is eligible for release to aftercare supervision, whichever is earlier, the aftercare provider designated under s. 938.34 (4n) shall prepare an aftercare plan for the juvenile. If the aftercare provider designated under s. 938.34 (4n) is a county department, that county department shall submit the aftercare plan to the department within the time limits specified in this paragraph, unless the department waives those time limits under par. (b).

AB130-engrossed,332,17 (b) The department may waive the time period within which an aftercare plan must be prepared and submitted under par. (a) if the department anticipates that the juvenile will remain in the secured correctional facility or secured child caring institution for a period exceeding 8 months or if the juvenile is subject to s. 938.183 (2). If the department has waived the time period within which an aftercare plan must be prepared and submitted and if there will be a reasonable time period after release from the secured correctional facility or secured child caring institution during which the juvenile may remain subject to court jurisdiction, the department shall notify the county department providing aftercare supervision of the anticipated release date not less than 60 days before the date on which the juvenile will be eligible for release. If the department waives the time limits specified under par. (a), the aftercare plan shall be prepared by the department or prepared and submitted by the county department providing aftercare supervision on or before the date on which the juvenile becomes eligible for release.

AB130-engrossed,332,19 (c) An aftercare plan prepared under par. (a) or (b) shall include all of the following:

AB130-engrossed,332,20 1. The minimum number of supervisory contacts per week.

AB130-engrossed,332,22 2. The conditions, if any, under which the juvenile's aftercare status may be revoked.

AB130-engrossed,332,23 3. Services or programming to be provided to the juvenile while on aftercare.

AB130-engrossed,332,25 4. The estimated length of time that aftercare supervision and services shall be provided to the juvenile.

AB130-engrossed,333,3 (d) A juvenile may be released from a secured correctional facility or a secured child caring institution whether or not an aftercare plan has been prepared under this subsection.

AB130-engrossed,333,6 (4m) The department shall try to release a juvenile to aftercare supervision under sub. (4) within 30 days after the date the department determines the juvenile is eligible for the release.

AB130-engrossed,333,10 (5) (a) The department or a county department, whichever has been designated as a juvenile's aftercare provider under s. 938.34 (4n), may revoke the aftercare status of that juvenile. Revocation of aftercare supervision shall not require prior notice under sub. (1).

AB130-engrossed,333,12 (b) A juvenile on aftercare status may be taken into custody only as provided in ss. 938.19 to 938.21.

AB130-engrossed,333,14 (c) The juvenile shall be entitled to representation by counsel at all stages of the revocation proceeding.

AB130-engrossed,333,19 (d) A hearing on the revocation shall be conducted by the division of hearings and appeals in the department of administration within 30 days after the juvenile is taken into custody for an alleged violation of the conditions of the juvenile's aftercare supervision. This time limit may be waived only upon the agreement of the aftercare provider, the juvenile and the juvenile's counsel.

AB130-engrossed,333,23 (e) If the hearing examiner finds that the juvenile has violated a condition of aftercare supervision, the hearing examiner shall determine whether confinement in a secured correctional facility or a secured child caring institution is necessary to protect the public or to provide for the juvenile's rehabilitation.

AB130-engrossed,334,3 (f) Review of a revocation decision shall be by certiorari to the court by whose order the juvenile was placed in a secured correctional facility or a secured child caring institution.

AB130-engrossed,334,8 (g) The department shall promulgate rules setting standards to be used by a hearing examiner to determine whether to revoke a juvenile's aftercare status. The standards shall specify that the burden is on the department or county department seeking revocation to show to a reasonable certainty by the greater weight of the credible evidence that the juvenile violated a condition of aftercare supervision.

AB130-engrossed,334,19 (5m) If a proposed change in placement changes a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department under s. 46.25 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 46.10 (14).

AB130-engrossed,334,21 (6) No change in placement may extend the expiration date of the original order.

AB130-engrossed,335,8 938.36 Payment for services. (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the juvenile by a disposition made under s. 938.183 (2), 938.34 or 938.345 or by a change in placement under s. 938.357, the duty of the parent or guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the juvenile shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department, or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).

AB130-engrossed,335,17 (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department, or the county child and spousal support agency, under s. 46.25 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

AB130-engrossed,336,2 (2) If a juvenile whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost thereof, if ordered by the court, shall be a charge upon the county. This section does not prevent recovery of the cost of providing educational programming for a child who is placed in a secure detention facility from the school district in which the child resides. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay. This subsection is subject to s. 46.03 (18).

AB130-engrossed,336,4 (3) In determining county liability, this section does not apply to services specified in ch. 115.

AB130-engrossed,336,6 938.361 Payment for alcohol and other drug abuse services. (1) In this section:

AB130-engrossed,336,7 (a) "Alcohol and other drug abuse services" means all of the following:

AB130-engrossed,336,9 1. Any alcohol or other drug abuse examination or assessment ordered under s. 938.295 (1), 938.34 (14s) (b) 1., 938.343 (10) (a) or 938.344 (2g) (a) 1.

AB130-engrossed,336,11 2. Any special treatment or care that relates to alcohol or other drug abuse services ordered under s. 938.34 (6) (a) or (am).

AB130-engrossed,336,13 3. Any alcohol or other drug abuse treatment or education ordered by a court under s. 938.32 (1g) or 938.34 (6) (a) or (am), (6r) or (14s) (b) 1. or 2.

AB130-engrossed,336,14 (b) "Municipality" means a city, village or town.

AB130-engrossed,337,2 (2) (a) 1. If a juvenile's parent is unable to provide or refuses to provide court-ordered alcohol and other drug abuse services for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding s. 938.36 (3) the court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal court may order the parent to pay for the alcohol and drug abuse services. If the parent consents to provide alcohol and other drug abuse services for a juvenile through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the alcohol and other drug abuse services the court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal court may order the health insurance provider or 3rd-party payer to pay for the alcohol and other drug abuse services in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.

AB130-engrossed,337,4 2. This paragraph applies to payment for alcohol and other drug abuse services in any county, regardless of whether the county is a pilot county under s. 938.547.

AB130-engrossed,337,7 (am) 1. If a court assigned to exercise jurisdiction under this chapter and ch. 48 in a county that has a pilot program under s. 938.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with par. (b).

AB130-engrossed,337,11 2. If a court assigned to exercise jurisdiction under this chapter and ch. 48 in a county that does not have a pilot program under s. 938.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with s. 938.34 (6) (ar) or 938.36.

AB130-engrossed,337,15 3. If a municipal court finds that payment is not attainable under par. (a), the municipal court may order the municipality over which the municipal court has jurisdiction to pay for any alcohol and other drug abuse services ordered by the municipal court.

AB130-engrossed,337,21 (b) 1. In counties that have a pilot program under s. 938.547, in addition to using the alternative provided for under par. (a), the court assigned to exercise jurisdiction under this chapter and ch. 48 may order a county department of human services established under s. 46.23 or a county department established under s. 51.42 or 51.437 in the juvenile's county of legal residence to pay for the alcohol and other drug abuse services whether or not custody has been taken from the parent.

AB130-engrossed,337,25 2. If a judge orders a county department established under s. 51.42 or 51.437 to provide alcohol and other drug abuse services under this paragraph, the provision of the alcohol and other drug abuse services shall be subject to conditions specified in ch. 51.

AB130-engrossed,338,8 (c) Payment for alcohol and other drug abuse services by a county department or municipality under this section does not prohibit the county department or municipality from contracting with another county department, municipality, school district or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county or municipality under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug abuse services from the parent which is based upon the ability of the parent to pay. This subsection is subject to s. 46.03 (18).

AB130-engrossed,338,11 938.362 Payment for certain special treatment or care services. (1) In this section, "special treatment or care" has the meaning given in s. 938.02 (17m), except that it does not include alcohol and other drug abuse services.

AB130-engrossed,338,14 (2) This section applies to the payment of court-ordered special treatment or care under s. 938.34 (6) (a) or (am), whether or not custody has been taken from the parent.

AB130-engrossed,338,24 (3) If a juvenile's parent is unable to provide or refuses to provide court-ordered special treatment or care for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding s. 938.36 (3), the court may order the parent to pay for the court-ordered special treatment or care. If the parent consents to provide court-ordered special treatment or care for a juvenile through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.

AB130-engrossed,339,4 (4) (a) If the court finds that payment is not attainable under sub. (3), the court may order the county department under s. 51.42 or 51.437 of the juvenile's county of legal residence to pay the cost of any court-ordered special treatment or care that is provided by or under contract with that county department.

AB130-engrossed,339,8 (b) Payment for special treatment or care by a county department under par. (a) does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of special treatment or care.

AB130-engrossed,339,12 (c) A county department that pays for court-ordered special treatment or care under par. (a) may recover from the parent, based on the parent's ability to pay, a reasonable contribution toward the costs of court-ordered special treatment or care. This paragraph is subject to s. 46.03 (18).

AB130-engrossed,340,17 938.363 Revision of dispositional orders. (1) A juvenile, the juvenile's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the parent, juvenile, guardian and legal custodian, all parties bound by the dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department under s. 46.25 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under s. 938.34 (3) (f) or (6) (am) to impose more than 30 days of detention, nonsecure custody or inpatient treatment on a child.

AB130-engrossed,340,22 (2) If the court revises a dispositional order under sub. (1) with respect to the amount of child support to be paid by a parent for the care and maintenance of the parent's minor juvenile who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in s. 46.10 (14).

AB130-engrossed,341,3 938.364 Dismissal of certain dispositional orders. A juvenile, the juvenile's parent, guardian or legal custodian or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a judge to dismiss an order made under s. 938.342 (2) if the juvenile shows documentary proof that he or she is enrolled in a school program or a high school equivalency program, or the court may on its own motion propose such a dismissal.

AB130-engrossed,341,8 938.365 Extension of orders. (1) In this section, "2 or more years" means a period of time that begins with the first placement of the juvenile outside of his or her home pursuant to an order under this section or s. 938.345, 938.357 or 938.363 and includes any period of time in which the juvenile returned home, unless the periods of time at home account for the majority of the time since the first placement.

AB130-engrossed,341,16 (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 child 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.

AB130-engrossed,341,21 (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 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.

AB130-engrossed,342,2 (2g) (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 juvenile offender review program may file a written report regarding any juvenile examined by the program.

AB130-engrossed,342,4 (b) If the juvenile is placed outside of his or her home, the report shall include all of the following:

AB130-engrossed,342,7 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.

AB130-engrossed,342,13 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 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 feasible.

AB130-engrossed,343,4 3. If the juvenile has been placed outside of his or her home for 2 or more years, 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.

AB130-engrossed,343,9 (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.

AB130-engrossed,343,14 (2m) (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, including 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 to his or her home. An order shall be issued under s. 938.355.

AB130-engrossed,343,17 (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.

AB130-engrossed,343,19 (3) The appearance of any juvenile may be waived by consent of the juvenile, counsel or guardian ad litem.

AB130-engrossed,343,21 (4) The court shall determine which dispositions are to be considered for extensions.

AB130-engrossed,343,23 (5) Except as provided in s. 938.368, all orders shall be for a specified length of time not to exceed one year.

AB130-engrossed,344,5 (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.

AB130-engrossed,344,8 (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.

AB130-engrossed,344,14 938.368 Continuation of dispositional orders. 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.

AB130-engrossed,344,17 938.37 Costs. (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.

AB130-engrossed,344,21 (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.

AB130-engrossed,345,4 938.371 Access to certain information by substitute care provider. At the time of placement of a juvenile in a foster home, group home or child caring institution under s. 938.183 (2), 938.34, 938.345 or 938.357, or, if the information specified in this section is not available at that time, within 30 days after the date of the placement, the agency that prepared the juvenile's permanency plan shall provide the foster parent or operator of the group home or child caring institution with any information contained in the court report submitted under s. 938.33 or permanency plan submitted under s. 938.38, relating to any of the following:

AB130-engrossed,345,11 (1) 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, if the juvenile's parent or a temporary or permanent guardian appointed by the court has consented to the test under s. 252.15 (2) (a) 4. b. and release of the test results under s. 252.15 (5) (a) 19. and the agency directed to prepare the permanency plan notifies the foster parent or operator of the group home or child caring institution of the confidentiality requirements under s. 252.15 (6).

AB130-engrossed,345,15 (2) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B. The foster parent or operator of a group home or child caring institution receiving information under this subsection shall keep the information confidential.

AB130-engrossed,345,20 (3) Findings or opinions of the court or agency that prepared the court report or permanency plan relating to any mental, emotional, cognitive, developmental or behavioral disability of the juvenile. The foster parent or operator of a group home or child caring institution receiving information under this subsection shall keep the information confidential.

AB130-engrossed,346,2 938.373 Medical authorization. (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), consents.