Wisconsin Legislature: 103,319

Note: Accommodates the renumbering of a definition to the beginning of the section, consistent with current style. See the next two sections of this bill.

103,310 Section 310. 893.36 (2) of the statutes is amended to read:

893.36 (2) This section does not apply to actions based upon a sale of livestock occurring prior to April 3, 1980, nor to an action by a secured party against its debtor. Section 893.35 or 893.51 applies to any action described in sub. (1) (1m) if the limitation described in sub. (1) (1m) is not applicable.

Note: Sub. (1) is renumbered to sub. (1m) by this bill.

103,311 Section 311. 893.36 (3) of the statutes, as affected by 2001 Wisconsin Act 10, is renumbered 893.36 (1g).

Note: Renumbers a definition provision to the beginning of the section, consistent with current style.

103,312 Section 312. 938.23 (1) of the statutes is renumbered 938.23 (1m).

Note: Accommodates the renumbering of s. 938.23 (6) to 938.23 (1g) by the next section of the bill.

103,313 Section 313. 938.23 (6) of the statutes is renumbered 938.23 (1g) and amended to read:

938.23 (1g) Definition. For the purposes of In this section, "counsel" means an attorney acting as adversary counsel who shall advance and protect the legal rights of the party represented, and who may not act as guardian ad litem for any party in the same proceeding.

Note: Renumbers a definition provision to the beginning of the section, consistent with current style.

103,314 Section 314. 938.357 (1) of the statutes is renumbered 938.357 (1) (a) and amended to read:

938.357 (1) (a) The person or agency primarily responsible for implementing the dispositional order or the district attorney 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, the parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2), guardian and legal custodian of the juvenile. 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.

(b) Any person receiving the notice under this subsection par. (a) or notice of the a 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 may not be changed until 10 days after such that 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 that were authorized in the dispositional order may be made immediately if notice is given as required in this subsection under par. (a). In addition, a hearing is not required for placement changes authorized in the dispositional order except where when an objection filed by a person who received notice alleges that new information is available which that affects the advisability of the court's dispositional order.

Note: Subdivides provision for improved readability.

103,315 Section 315. 938.357 (2) of the statutes is amended to read:

938.357 (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) (a). 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) (b). In emergency situations, the a 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).

Note: Corrects cross-references to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

103,316 Section 316. 938.357 (2m) of the statutes is renumbered 938.357 (2m) (a) and amended to read:

938.357 (2m) (a) The juvenile, the parent, guardian , or legal custodian of the juvenile, 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 paragraph. 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 that affects the advisability of the current placement. This The request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion.

(b) The court shall hold a hearing on the matter prior to ordering any change in placement requested or proposed under this subsection par. (a) if the request states that new information is available which that 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) (a) and the court approves. If a hearing is scheduled, the court shall notify the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, 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 of the parties consent, the court may proceed immediately with the hearing.

Note: Subdivides provision for improved readability.

103,317 Section 317. 938.357 (2r) of the statutes is amended to read:

938.357 (2r) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would remove a juvenile from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested change in placement. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (b) or (2m) (b) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

Note: Corrects cross-references to conform to the renumbering and amendment of s. 938.357 (1) and (2m) by this bill.

103,318 Section 318. 938.357 (2v) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

938.357 (2v) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would place the juvenile outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by the person or agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the juvenile's placement.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) and (2m).

103,319 Section 319. 938.357 (3) of the statutes is amended to read:

938.357 (3) Subject to sub. subs. (4) (b) and (c) and (5) (e), if the proposed change in placement would involve placing a juvenile in a secured correctional facility, a secured child caring institution, or a secured group home, notice shall be given as provided in sub. (1) (a). 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.