SB601: Bill Text

SB601, s. 187 Section 187. 938.357 (1) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,71,16 938.357 (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.

SB601, s. 188 Section 188. 938.38 (2) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,71,24 938.38 (2) Permanency plan required. (intro.) 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:

SB601, s. 189 Section 189. 938.38 (4) (f) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,72,6 938.38 (4) (f) (intro.) 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:

SB601, s. 190 Section 190. 938.38 (5) (b) and (e) of the statutes, as created by 1995 Wisconsin Act 77, are amended to read:

SB601,72,21 938.38 (5) (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.

SB601,73,2 (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.

SB601, s. 191 Section 191. 938.48 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,73,16 938.48 (4) Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for juveniles in its custody unless the department, the school board as defined in s. 115.001 (7) and the secretary of education all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the secretary of education.

SB601, s. 192 Section 192. 938.52 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,73,19 938.52 (1) (b) Foster homes or treatment foster homes.

SB601, s. 193 Section 193. 938.538 (3) (a) 1p. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,73,24 938.538 (3) (a) 1p. Alternate care, including placement in a foster home, treatment foster home, group home, child caring institution or secured child caring institution.

SB601, s. 194 Section 194. 938.57 (1) (c) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,74,14 938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the secretary of education all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the secretary of education.

SB601, s. 195 Section 195. 938.57 (3) (a) 4. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,74,18 4. Is living in a foster home, treatment foster home, group home or child caring institution.

SB601, s. 196 Section 196. 940.203 (1) (a) of the statutes is amended to read:

SB601,74,21 940.203 (1) (a) "Family member" means a parent, spouse, sibling, child, stepchild, or foster child or treatment foster child.

SB601, s. 197 Section 197. 940.205 (1) of the statutes is amended to read:

SB601,74,24 940.205 (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, or foster child or treatment foster child.

SB601, s. 198 Section 198. 940.207 (1) of the statutes is amended to read:

SB601,75,2 940.207 (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, or foster child or treatment foster child.

SB601, s. 199 Section 199. 943.013 (1) (a) of the statutes is amended to read:

SB601,75,5 943.013 (1) (a) "Family member" means a parent, spouse, sibling, child, stepchild, or foster child or treatment foster child.

SB601, s. 200 Section 200. 943.015 (1) of the statutes is amended to read:

SB601,75,8 943.015 (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, or foster child or treatment foster child.

SB601, s. 201 Section 201. 948.01 (3) of the statutes is amended to read:

SB601,75,14 948.01 (3) "Person responsible for the child's welfare" includes the child's parent; guardian; foster parent; treatment foster parent; an employe of a public or private residential home, institution or agency; other person legally responsible for the child's welfare in a residential setting; or a person employed by one legally responsible for the child's welfare to exercise temporary control or care for the child.

SB601, s. 202 Section 202. 949.06 (1m) (a) of the statutes is amended to read:

SB601,75,19 949.06 (1m) (a) In this subsection, "family member" means any spouse, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, treatment foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse.

SB601, s. 203 Section 203. Effective date.

SB601,75,22 (1) This act takes effect on July 1, 1996, or on the day after publication, whichever is later.

SB601,75,23 (End)