AB655, s. 82 17Section 82 . 938.34 (3) (d) of the statutes is amended to read:
AB655,31,1918 938.34 (3) (d) A child caring institution residential treatment center operated
19by a child welfare agency
licensed under s. 48.60.
Note: This Section changes the term "child caring institution" to "residential
treatment center" and clarifies that it is the child welfare agency operating the
residential treatment center, and not the residential treatment center itself, that is
licensed under s. 48.60.
AB655, s. 83 20Section 83 . 938.371 (1) of the statutes is amended to read:
AB655,32,721 938.371 (1) If a juvenile is placed in a foster home, treatment foster home,
22group home, child caring institution residential care center for children and youth,
23or secured correctional facility, including a placement under s. 938.205 or 938.21, the

1agency, as defined in s. 938.38 (1) (a), that placed the juvenile or arranged for the
2placement of the juvenile shall provide the following information to the foster parent,
3treatment foster parent, or operator of the group home, child caring institution
4residential care center for children and youth, or secured correctional facility at the
5time of placement or, if the information has not been provided to the agency by that
6time, as soon as possible after the date on which the agency receives that
7information, but not more than 2 working days after that date:
AB655,32,158 (a) Results of a test or a series of tests of the juvenile to determine the presence
9of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an
10antibody to HIV, as provided under s. 252.15 (5) (a) 19., including results included
11in a court report or permanency plan. At the time that the test results are provided,
12the agency shall notify the foster parent, treatment foster parent , or operator of the
13group home, child caring institution residential care center for children and youth,
14or secured correctional facility of the confidentiality requirements under s. 252.15
15(6).
AB655,32,2116 (b) Results of any tests of the juvenile to determine the presence of viral
17hepatitis, type B, including results included in a court report or permanency plan.
18The foster parent, treatment foster parent, or operator of a group home, child caring
19institution
residential care center for children and youth, or secured correctional
20facility receiving information under this paragraph shall keep the information
21confidential.
AB655,33,222 (c) Any other medical information concerning the juvenile that is necessary for
23the care of the juvenile. The foster parent, treatment foster parent , or operator of a
24group home, child caring institution residential care center for children and youth,

1or secured correctional facility receiving information under this paragraph shall
2keep the information confidential.
AB655, s. 84 3Section 84. 938.371 (3) (intro.) of the statutes is amended to read:
AB655,33,164 938.371 (3) (intro.) At the time of placement of a juvenile in a foster home,
5treatment foster home, group home, child caring institution residential care center
6for children and youth,
or secured correctional facility or, if the information is not
7available at that time, as soon as possible after the date on which the court report
8or permanency plan has been submitted, but no later than 7 days after that date, the
9agency, as defined in s. 938.38 (1) (a), responsible for preparing the juvenile's
10permanency plan shall provide to the foster parent, treatment foster parent, or
11operator of the group home, child caring institution residential care center for
12children and youth,
or secured correctional facility information contained in the
13court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan
14submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court
15or agency that prepared the court report or permanency plan relating to any of the
16following:
AB655, s. 85 17Section 85. 938.371 (3) (a) of the statutes is amended to read:
AB655,33,2218 938.371 (3) (a) Any mental, emotional, cognitive, developmental, or behavioral
19disability of the juvenile. The foster parent, treatment foster parent , or operator of
20a group home, child caring institution residential care center for children and youth,
21or secured correctional facility receiving information under this subsection shall
22keep the information confidential.
AB655, s. 86 23Section 86. 938.371 (3) (b) of the statutes is amended to read:
AB655,34,424 938.371 (3) (b) Any involvement of the juvenile in any criminal gang, as defined
25in s. 939.22 (9), or in any other group in which any child was traumatized as a result

1of his or her association with that group. The foster parent, treatment foster parent,
2or operator of a group home, child caring institution residential care center for
3children and youth,
or secured correctional facility receiving information under this
4paragraph shall keep the information confidential.
AB655, s. 87 5Section 87. 938.371 (3) (c) of the statutes is amended to read:
AB655,34,106 938.371 (3) (c) Any involvement of the juvenile in any activities that are
7harmful to the juvenile's physical, mental, or moral well-being. The foster parent,
8treatment foster parent, or operator of a group home, child caring institution
9residential care center for children and youth, or secured correctional facility
10receiving information under this paragraph shall keep the information confidential.
AB655, s. 88 11Section 88. 938.371 (3) (d) of the statutes is amended to read:
AB655,34,2212 938.371 (3) (d) Any involvement of the juvenile, whether as victim or
13perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02,
14or 948.025, prostitution in violation of s. 944.30, sexual exploitation of a child in
15violation of s. 948.05, or causing a child to view or listen to sexual activity in violation
16of s. 948.055, if the information is necessary for the care of the juvenile or for the
17protection of any person living in the foster home, treatment foster home, group
18home, child caring institution residential care center for children and youth, or
19secured correctional facility. The foster parent, treatment foster parent, or operator
20of a group home, child caring institution residential care center for children and
21youth,
or secured correctional facility receiving information under this paragraph
22shall keep the information confidential.
AB655, s. 89 23Section 89. 938.38 (2) (intro.) of the statutes is amended to read:
AB655,35,524 938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3),
25for each juvenile living in a foster home, treatment foster home, group home, child

1caring institution
residential care center for children and youth, secure detention
2facility, or shelter care facility, the agency that placed the juvenile or arranged the
3placement or the agency assigned primary responsibility for providing services to the
4juvenile under s. 938.355 shall prepare a written permanency plan, if any of the
5following conditions exists:
AB655, s. 90 6Section 90. 938.51 (1d) (intro.) of the statutes is amended to read:
AB655,35,167 938.51 (1d) (intro.) At least 15 days prior to the release from a nonsecured child
8caring institution
residential care center for children and youth of a juvenile who has
9either been adjudicated delinquent under s. 48.12, 1993 stats., or s. 938.12 or been
10found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s.
11938.13 (12) and who has been found to have committed a violation of ch. 940 or of s.
12948.02, 948.025, or 948.03, and at least 15 days prior to the release from a nonsecured
13child caring institution residential care center for children and youth of a juvenile
14who has been found to be in need of protection or services under s. 48.13 (14), 1993
15stats., or s. 938.13 (14), the department or county department having supervision
16over the juvenile shall notify all of the following persons of the juvenile's release:
AB655, s. 91 17Section 91. 938.51 (4) (intro.) of the statutes is amended to read:
AB655,36,518 938.51 (4) (intro.) If a juvenile described in sub. (1), (1d), or (1g) escapes from
19a secured correctional facility, child caring institution residential care center for
20children and youth
, secured group home, inpatient facility, secure detention facility,
21or juvenile portion of a county jail, or from the custody of a peace officer or a guard
22of such a facility, institution center, home, or jail, or has been allowed to leave a
23secured correctional facility, child caring institution residential care center for
24children and youth
, secured group home, inpatient facility, secure detention facility,
25or juvenile portion of a county jail for a specified period of time and is absent from

1the facility, institution center, home, or jail for more than 12 hours after the
2expiration of the specified period, as soon as possible after the department or county
3department having supervision over the juvenile discovers that escape or absence,
4that department or county department shall make a reasonable attempt to notify by
5telephone all of the following persons:
AB655, s. 92 6Section 92. 938.538 (3) (a) 1p. of the statutes is amended to read:
AB655,36,97 938.538 (3) (a) 1p. Alternate care, including placement in a foster home,
8treatment foster home, group home, child caring institution residential care center
9for children and youth,
or secured child caring institution.
AB655, s. 93 10Section 93. 938.539 (5) of the statutes is amended to read:
AB655,36,2411 938.539 (5) With respect to a juvenile who is placed in a child caring institution
12residential care center for children and youth or a secured child caring institution
13under s. 938.34 (4d) or 938.357 (4) (a) or in a less restrictive placement under s.
14938.357 (4) (c), the child welfare agency operating the child caring institution
15residential care center for children and youth or secured child caring institution in
16which the juvenile is placed, and the person operating any less restrictive placement
17in which the juvenile is placed, shall operate that child caring institution residential
18care center for children and youth
, secured child caring institution , or less restrictive
19placement as a Type 2 child caring institution or a Type 2 secured correctional
20facility. This subsection does not preclude a child welfare agency or other person
21from placing in a child caring institution residential care center for children and
22youth
, secured child caring institution, or less restrictive placement in which a
23juvenile is placed under s. 938.34 (4d) or 938.357 (4) (a) or (c) a juvenile who is not
24placed under s. 938.34 (4d) or 938.357 (4) (a) or (c).
AB655, s. 94 25Section 94. 938.57 (3) (a) 4. of the statutes is amended to read:
AB655,37,2
1938.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home
2or child caring institution, or residential care center for children and youth.
AB655, s. 95 3Section 95 . 938.78 (3) of the statutes is amended to read:
AB655,37,244 938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s.
5938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats.,
6or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s.
7941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28,
8941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2)
9(a), 943.23 (1g), (1m), or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055,
10948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a
11secured correctional facility, child caring institution residential care center for
12children and youth
, secured group home, inpatient facility, as defined in s. 51.01 (10),
13secure detention facility, or juvenile portion of a county jail, or from the custody of
14a peace officer or a guard of such a facility, institution center, or jail, or has been
15allowed to leave a secured correctional facility, child caring institution residential
16care center for children and youth
, secured group home, inpatient facility, secure
17detention facility, or juvenile portion of a county jail for a specified time period and
18is absent from the facility, institution center, home, or jail for more than 12 hours
19after the expiration of the specified period, the department or county department
20having supervision over the juvenile may release the juvenile's name and any
21information about the juvenile that is necessary for the protection of the public or to
22secure the juvenile's return to the facility, institution center, home, or jail. The
23department of corrections shall promulgate rules establishing guidelines for the
24release of the juvenile's name or information about the juvenile to the public.
AB655, s. 96 25Section 96. 940.295 (2) (m) of the statutes is amended to read:
AB655,38,3
1940.295 (2) (m) An institution A residential care center for children and youth
2operated by a child welfare agency licensed under s. 48.60 or an institution operated
3by a public agency for the care of neglected, dependent, or delinquent children.
Note: This Section eliminates a vague reference to an "institution" operated by
a child welfare agency and replaces that vague reference with a specific reference to a
"residential care center for children and youth" operated by a child welfare agency,which
is the legally defined and professionally accepted term for a facility operated by a child
welfare agency for the care and maintenance of children.
AB655, s. 97 4Section 97. Initial applicability.
AB655,38,95 (1) Council on developmental disabilities. The treatment of sections 15.197
6(11n) (intro.), (a) (intro.), 1. to 3., and 4., (am) (intro.), 2., and 3., (b), (bm), (c), (cm),
7and (d) and 51.437 (14r) (a) 7. and (c) of the statutes first applies to appointments or
8reappointments of members of the council on developmental disabilities made on the
9effective date of this subsection.
AB655,38,1010 (End)
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