AB130: Bill Text

AB130,333,12 1. The proposed treatment and supervision plan and proposed institutional placement, if any.

AB130,333,14 2. Any available information that is relevant to the advisability of revising the order.

AB130,333,17 (c) The person subject to an order may, no more often than once each year, file a petition proposing his or her release to aftercare supervision. The petition shall set forth in detail:

AB130,333,18 1. The proposed conditions of aftercare supervision.

AB130,333,20 2. Any available information that is relevant to the advisability of revising the order.

AB130,334,4 (d) 1. At the time the department or county department files a petition under par. (a), it shall provide written notice of the petition to the person who is the subject of the petition. The notice to the person who is the subject of the petition shall state that the person has a right to request a hearing on the petition and, if the petition is for revocation of a person's aftercare supervision, that the person has the right to counsel. The department or county department shall also provide written notice of the petition to the office of the district attorney that filed the petition on the basis of which the juvenile was adjudged delinquent and the victim, if any, of the delinquent act.

AB130,334,7 2. At the time a person subject to an order files a petition under par. (a), the person shall provide written notice of the petition to the department or county department, as applicable.

AB130,334,9 (e) In making a determination under this subsection, the court shall balance the needs of the person with the protection of the public.

AB130,334,13 (f) If the court grants a petition to release a person to aftercare supervision and the person's county of residence is one in which the county department provides aftercare supervision, the department may contract with the county department under s. 46.036 for aftercare supervision of the person.

AB130,334,14 (g) Sections 938.357 and 938.363 do not apply to orders under this subsection.

AB130,334,17 (6) Petition for discharge; hearings. (a) Any of the following may petition the court that entered an order to terminate the order and to discharge the person subject to the order from supervision:

AB130,334,18 1. The person subject to the order.

AB130,334,20 2. The department or county department ordered under s. 938.34 (4n) to provide aftercare supervision of the person.

AB130,334,24 (b) The petition shall state the factual basis for the petitioner's belief that discharge will not pose a threat of bodily harm to other persons. The department or county department may file a petition at any time. The person subject to the order may file a petition not more often than once a year.

AB130,335,7 (c) 1. At the time the department or county department files a petition under par. (a), it shall provide written notice of the petition to the person who is the subject of the petition. The notice to the person who is the subject of the petition shall state that the person has the right to counsel. The department or county department shall also provide written notice of the petition to the office of the district attorney that filed the petition on the basis of which the person was adjudged delinquent and to the victim, if any, of the delinquent act.

AB130,335,11 2. At the time a person subject to an order files a petition under par. (a), he or she shall provide written notice of the petition to the department or county department, whichever has been ordered under s. 938.34 (4n) to provide aftercare supervision of the person.

AB130,335,14 (d) If the court denies the petition, the person shall remain under the jurisdiction of the court until the expiration of the order or until a subsequent petition for discharge under this subsection is granted, whichever is sooner.

AB130,335,20 (7) Notice of hearing. Upon receipt of a request for a hearing under sub. (5) or upon receipt of a petition under sub. (6), the court shall set a date for a hearing on the matter. In any of those cases, the court shall notify the department and each person specified in sub. (5) (d) 1. or (6) (c) 1. of the hearing at least 7 days before the hearing, except that if any such person lives outside of this state the notice shall be mailed at least 14 days before the hearing.

AB130,336,2 (8) Transfer to or between facilities. The department may transfer a person subject to an order between secured correctional facilities and secured child caring institutions. After the person attains the age of 17 years, the department may, after consulting with the department of corrections, place the person in a state prison named in s. 302.01. The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

AB130,336,8 938.368 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.

AB130,336,11 938.37 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.

AB130,336,15 (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.

AB130,336,23 938.371 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:

AB130,337,5 (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).

AB130,337,9 (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.

AB130,337,14 (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.

AB130,337,21 938.373 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.

AB130,337,23 (2) Section 48.375 (7) applies if the medical service authorized under sub. (1) is an abortion.

AB130,337,25 SUBCHAPTER VII PERMANENCY PLANNING; RECORDS

AB130,338,1 938.38 Permanency planning. (1) Definitions. In this section:

AB130,338,3 (a) "Agency" means the department, a county department or a licensed child welfare agency.

AB130,338,7 (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.

AB130,338,10 (b) "Permanency plan" means a plan designed to ensure that a juvenile is reunified with his or her family whenever possible, or that the juvenile quickly attains a placement or home providing long-term stability.

AB130,338,16 (2) Permanency plan required. Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, child caring institution, secure detention facility or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 shall prepare a written permanency plan, if any of the following conditions exists:

AB130,338,18 (a) The juvenile is being held in physical custody under s. 938.207, 938.208 or 938.209.

AB130,338,19 (b) The juvenile is in the legal custody of the agency.

AB130,338,21 (c) The juvenile is under supervision of an agency under s. 48.64 (2) or pursuant to a court order under s. 938.355.

AB130,338,23 (d) The juvenile was placed under a voluntary agreement between the agency and the juvenile's parent under s. 48.63 (1).

AB130,338,24 (e) The juvenile is under the guardianship of the agency.

AB130,338,25 (f) The juvenile's care is paid under s. 49.19.

AB130,339,4 (3) Time. The agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first held in physical custody or placed outside of his or her home under a court order, except under either of the following conditions:

AB130,339,15 (a) If the juvenile is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the juvenile be placed in a secured correctional facility or a secured child caring institution or the department of corrections intends to recommend that custody of the juvenile be transferred to the department of corrections for participation in the youthful offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency or the department of corrections. If the court places the juvenile in any facility outside of the juvenile's home other than a secured correctional facility or a secured child caring institution, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

AB130,339,18 (b) If the juvenile is held for less than 60 days in a secure detention facility, juvenile portion of a county jail or a shelter care facility, no permanency plan is required if the juvenile is returned to his or her home within that period.

AB130,339,20 (4) Contents of plan. The permanency plan shall include a description of all of the following:

AB130,339,23 (a) The services offered and any service provided in an effort to prevent holding or placing the juvenile outside of his or her home, and to make it possible for the juvenile to return home.

AB130,339,25 (b) The basis for the decision to hold the juvenile in custody or to place the juvenile outside of his or her home.

AB130,340,2 (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.

AB130,340,5 (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.

AB130,340,10 (e) The appropriateness of the placement and of the services provided to meet the needs of the juvenile and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the juvenile or, if available, why such services are not appropriate.

AB130,340,14 (f) The services that will be provided to the juvenile, the juvenile's family and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility where the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:

AB130,340,16 1. Ensure proper care and treatment of the juvenile and promote stability in the placement.

AB130,340,18 2. Meet the juvenile's physical, emotional, social, educational and vocational needs.

AB130,340,21 3. Improve the conditions of the parents' home to facilitate the return of the juvenile to his or her home, or, if appropriate, obtain an alternative permanent placement for the juvenile.

AB130,340,24 (g) The conditions, if any, upon which the juvenile will be returned to his or her home, including any changes required in the parents' conduct, the juvenile's conduct or the nature of the home.

AB130,341,11 (5) Plan review. (a) The court or a panel appointed under this paragraph shall review the permanency plan every 6 months from the date on which the juvenile was first held in physical custody or placed outside of his or her home. If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the juvenile or the parents of the juvenile whose permanency plan is the subject of the review.

AB130,341,16 (am) The court may appoint an independent agency to designate a panel to conduct a permanency plan review under par. (a). If the court appoints an independent agency under this paragraph, the county department of the county of the court shall authorize and contract for the purchase of services from the independent agency.

AB130,342,3 (b) The court or the agency shall notify the parents of the juvenile, the juvenile if he or she is 10 years of age or older and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility in which the juvenile is living of the date, time and place of the review, of the issues to be determined as part of the review, of the fact that they may submit written comments not less than 10 working days before the review and of the fact that they may participate in the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem of the date of the review, of the issues to be determined as part of the review and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.

AB130,342,4 (c) The court or the panel shall determine each of the following:

AB130,342,5 1. The continuing necessity for and the appropriateness of the placement.

AB130,342,7 2. The extent of compliance with the permanency plan by the agency and any other service providers, the juvenile's parents and the juvenile.

AB130,342,10 3. The extent of any efforts to involve appropriate service providers in addition to the agency's staff in planning to meet the special needs of the juvenile and the juvenile's parents.

AB130,342,13 4. The progress toward eliminating the causes for the juvenile's placement outside of his or her home and toward returning the juvenile to his or her home or obtaining a permanent placement for the juvenile.

AB130,342,16 5. The date by which it is likely that the juvenile will be returned to his or her home, placed for adoption, placed under legal guardianship or otherwise permanently placed.

AB130,342,19 6. If the juvenile has been placed outside of his or her home for 2 years or more, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:

AB130,342,20 a. Being returned to his or her home.

AB130,342,22 b. Having a petition for the involuntary termination of parental rights filed on behalf of the juvenile.

AB130,342,23 c. Being placed for adoption.

AB130,342,24 d. Being placed in sustaining care.

AB130,343,2 7. Whether reasonable efforts were made by the agency to make it possible for the juvenile to return to his or her home.

AB130,343,12 (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the person representing the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem a copy of the permanency plan and any written comments submitted under par. (b). Notwithstanding s. 938.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

AB130,343,18 (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order, the juvenile or the juvenile's counsel or guardian ad litem, the person representing the interests of the public, the juvenile's parent or guardian and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility where the juvenile is living.

AB130,343,22 (f) If the summary prepared under par. (e) indicates that the review panel made recommendations that conflict with the court order or that provide for additional services not specified in the court order, the agency primarily responsible for providing services to the juvenile shall request a revision of the court order.

AB130,344,2 (5m) Annual report. Not later than March 1 annually, each county department shall submit to the department a report identifying the membership of the review panels appointed during the previous year, data on each of the determinations of the review panels required under sub. (5) (c) and any other information specified by the department by rule.

AB130,344,4 (6) Rules. The department of health and social services shall promulgate rules establishing the following:

AB130,344,5 (a) Procedures for conducting permanency plan reviews.

AB130,344,6 (b) Requirements for training review panels.

AB130,344,9 (c) Standards for reasonable efforts to prevent placement of juveniles outside of their homes and to make it possible for juveniles to return to their homes if they have been placed outside of their homes.

AB130,344,10 (d) The format for permanency plans and review panel reports.

AB130,344,12 (e) Standards and guidelines for decisions regarding the placement of juveniles.

AB130,344,17 938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law coming within its jurisdiction under s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17. This section does not affect criminal proceedings in circuit court which were transferred under s. 938.18.

AB130,345,5 938.396 Records. (1) Law enforcement officers' records of juveniles shall be kept separate from records of persons 17 or older. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1g), (1m) or (1r) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to victim-witness coordinators, to victims of a juvenile's act who wish to obtain information for the purpose of recovering for any loss, damage or injury suffered as a result of the juvenile's act, to insurance companies that wish to obtain information for the purpose of investigating a claim involving the juvenile, to the confidential exchange of information between the police and officials of the school attended by the juvenile or other law enforcement or social welfare agencies or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction.

AB130,345,14 (1g) If requested by the victim-witness coordinator, a law enforcement agency shall disclose to the victim-witness coordinator any information in its records relating to the enforcement of rights under the constitution, this chapter and s. 950.04 or the provision of services under s. 950.05. The victim-witness coordinator may use the information only for the purpose of enforcing those rights and providing those services and may make that information available only as necessary to ensure that victims and witnesses of crimes, as defined in s. 950.02 (1m), receive the rights and services to which they are entitled under the constitution, this chapter and ch. 950.

AB130,345,19 (1m) (a) If requested by the school district administrator of a public school district, a law enforcement agency may provide to the school district administrator any information in its records relating to the use, possession or distribution of alcohol or a controlled substance by a pupil enrolled in the public school district. The information may be used by the school district only as provided under s. 118.127 (2).

AB130,345,24 (b) If requested by the school district administrator of a public school district, a law enforcement agency may disclose to the school district administrator any information in its records relating to the act for which a juvenile enrolled in the public school district was adjudged delinquent. The information may be used by the school district only as provided in s. 118.127 (3).

AB130,346,9 (c) On petition of a law enforcement agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without a court order under s. 118.125 (2) or (2m), for the purpose of investigating alleged delinquent or criminal activity, the court may order the school board of the school district in which a juvenile is enrolled to disclose to the law enforcement agency the pupil records of that juvenile as necessary for the law enforcement agency to pursue its investigation. The law enforcement agency may use the pupil records only for the purpose of its investigation and may make the pupil records available only to employes of the law enforcement agency who are working on the investigation.

AB130,346,17 (1r) If requested by a victim of a juvenile's act or the victim's insurer, a law enforcement agency may disclose to the victim or insurer any information in its records relating to the injury, loss or damage suffered by the victim, including the name and address of the juvenile and the juvenile's parents. The victim may use and further disclose the information only for the purpose of recovering for the injury, damage or loss suffered as a result of the juvenile's act. The insurer may use and further disclose the information only for the purpose of investigating a claim arising out of the juvenile's act.

AB130,346,22 (2) (a) Records of the court assigned to exercise jurisdiction under this chapter and ch. 48 and of courts exercising jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for that purpose only. They shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter or as permitted under this section.

AB130,347,2 (b) Upon request of the department or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under 45 CFR 1355, 1356 and 1357, the court shall open those records for inspection by authorized representatives of the department or federal agency.

AB130,347,9 (c) Upon request of a law enforcement agency to review court records for the purpose of investigating a crime that might constitute criminal gang activity, as defined in s. 941.38 (1) (b), the court shall open for inspection by authorized representatives of the law enforcement agency the records of the court relating to any juvenile who has been found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under ch. 161 or under chs. 939 to 948 if committed by an adult.