Wisconsin Legislature: 103,326

(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.