2005 Wisconsin Act 344

938.357 (6) Duration of order. No change in placement may extend the expiration date of the original order, except that if the change in placement is from a placement in the juvenile's home to a placement in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative who is not a parent, the court may extend the expiration date of the original order to the date on which the juvenile reaches attains 18 years of age, to the date that is one year after the date of the change in placement order, or, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching attaining 19 years of age, to the date on which the juvenile reaches attains 19 years of age, whichever is later, or for a shorter period of time as specified by the court. If the change in placement is from a placement in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative to a placement in the juvenile's home and if the expiration date of the original order is more than one year after the date of the change in placement order, the court shall shorten the expiration date of the original order to the date that is one year after the date of the change in placement order or to an earlier date as specified by the court.

344,478 Section 478. 938.36 (1) (title) of the statutes is created to read:

938.36 (1) (title) Residential services; parental duty to support.

344,479 Section 479. 938.36 (1) (b) of the statutes is amended to read:

938.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department of workforce development, or the county child support agency, under s. 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

Note: See the Note to s. 938.30 (6) (b) and (c), stats., as affected by this bill.

344,480 Section 480. 938.36 (2) of the statutes is amended to read:

938.36 (2) Services or treatment; county payment; parental contribution. If a juvenile whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological, or psychiatric treatment by order of the court, the cost thereof, if ordered by the court, shall be a charge upon court may order the county to pay for those services or treatment. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay. This subsection is subject to s. 301.03 (18).

344,481 Section 481. 938.36 (3) (title) of the statutes is created to read:

938.36 (3) (title) Services provided by school district.

344,482 Section 482. 938.361 (1) (title) and (2) (title) of the statutes are created to read:

938.361 (1) (title) Definitions.

(2) (title) Payment by parent or insurer.

344,483 Section 483. 938.361 (2) (a) 2. of the statutes is amended to read:

938.361 (2) (a) 2. This paragraph applies to payment for alcohol and other drug abuse services in any county, regardless of whether the county is a including pilot county counties under s. 938.547.

344,484 Section 484. 938.361 (2) (am), (b) and (c) of the statutes are amended to read:

938.361 (2) (am) 1. If a court assigned to exercise jurisdiction under this chapter and ch. 48 in a pilot county that has a pilot program under s. 938.547 finds that payment is not attainable cannot be attained under par. (a), the court may order payment in accordance with under par. (b).

2. If a court assigned to exercise jurisdiction under this chapter and ch. 48 in a county that does not have is not a pilot program county under s. 938.547 finds that payment is not attainable cannot be attained under par. (a), the court may order payment in accordance with under s. 938.34 (6) (ar) or 938.36.

3. If a municipal court finds that payment is not attainable cannot be attained under par. (a), the municipal court may order the municipality over which the municipal court has jurisdiction to pay for any alcohol and other drug abuse services ordered by the municipal court.

(b) 1. In counties that have a pilot program counties under s. 938.547, in addition to using the alternative provided for ordering payment under par. (a), the court assigned to exercise jurisdiction under this chapter and ch. 48 may order a county department of human services established under s. 46.23 or a county department established under s. 51.42 or 51.437 in the juvenile's county of legal residence to pay for the alcohol and other drug abuse services whether or not custody has been taken from the parent.

2. If a judge court orders a county department established under s. 51.42 or 51.437 to provide alcohol and other drug abuse services under this paragraph, the provision of the alcohol and other drug abuse services shall be service is subject to conditions specified in ch. 51.

(c) Payment for alcohol and other drug abuse services by a county department or municipality under this section does not prohibit the county department or municipality from contracting with another county department, municipality, school district, or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county or municipality under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug abuse services from the parent which is based upon the ability of the parent to pay. This subsection is subject to s. 46.03 (18).

344,485 Section 485. 938.362 (1) (title) and (2) (title) of the statutes are created to read:

938.362 (1) (title) Definition.

(2) (title) Applicability.

344,486 Section 486. 938.362 (3) of the statutes is amended to read:

938.362 (3) Payment by parent or insurer. If a juvenile's parent neglects, refuses, or is unable to provide court-ordered special treatment or care for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding s. 938.36 (3), the court may order the parent to pay for the court-ordered special treatment or care. If the parent consents to provide court-ordered special treatment or care for a juvenile through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.

344,487 Section 487. 938.362 (4) (title) of the statutes is created to read:

938.362 (4) (title) Payment by county department.

344,488 Section 488. 938.362 (4) (a) of the statutes is amended to read:

938.362 (4) (a) If the court finds that payment is not attainable cannot be attained under sub. (3), the court may order the county department under s. 51.42 or 51.437 of the juvenile's county of legal residence to pay the cost of any court-ordered special treatment or care that is provided by or directly by or under contract with that the county department.

344,489 Section 489. 938.363 of the statutes is amended to read:

938.363 Revision of dispositional orders. (1) Requests for revision. (a) A juvenile, the juvenile's parent, guardian, or legal custodian, any person or agency bound by a dispositional order, or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the. The court may on its own motion also propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter prior to any revision of the dispositional order if the request or court proposal indicates that new information is available that affects the advisability of the court's dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves.

(b) If a hearing is held, the court shall notify the juvenile, the juvenile's parent, guardian, and legal custodian, all parties bound by the dispositional order, the juvenile's foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under s. 938.34 (3) (f) or (6) (am) to impose more than a total of 30 days of detention, nonsecure custody, or inpatient treatment on a juvenile.

(c) If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a that statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

(d) If the court orders the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or if the court orders the juvenile's parent to provide that statement to the person or agency primarily responsible for implementing the dispositional order and that person or agency is not the county department, the court shall also order the juvenile's parent to provide that statement to the county department by a date specified by the court. The county department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the juvenile.

(1m) Evidence and statements. If a hearing is held under sub. (1) (a), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile 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, relevant to the issue of revision. 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) (a) 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.

(2) Revision of support. If the court revises a dispositional order with respect to the amount of child support to be paid by a parent under the dispositional order for the care and maintenance of the parent's minor juvenile who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in under s. 301.12 (14).

Note: For an explanation of the change to s. 938.363 (1) (d), stats., see the Note to s. 938.30 (6) (b) and (c), stats., as affected by this bill.

344,490 Section 490. 938.364 of the statutes is amended to read:

938.364 Dismissal of certain dispositional orders. A juvenile, the juvenile's parent, guardian, or legal custodian, or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a judge the court to dismiss an order made under s. 938.342 (2) if the juvenile shows documentary proof that he or she is enrolled in a school program or a high school equivalency program, or the. The court may on its own motion also propose such a dismissal.

344,491 Section 491. 938.365 (1) and (1m) of the statutes are amended to read:

938.365 (1) Date on which juvenile placed outside home. In this section, a juvenile is considered to have been placed outside of his or her home on the date on which the juvenile was first removed from his or her home, except that in the case of a juvenile who on removal was removed from his or her home was and first placed in a secure juvenile detention facility, a secured juvenile correctional facility, a secured child caring institution, or a secured group home residential care center for children and youth for 60 days or more and then moved to a nonsecured nonsecure out-of-home placement, the juvenile is considered to have been placed outside of his or her home on the date on which the juvenile was moved to the nonsecured nonsecure out-of-home placement.

(1m) Request for extension. The parent, juvenile, guardian, legal custodian, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered, or the court on its own motion, may request an extension of an order under s. 938.355. The request shall be submitted to the court which entered the order. No An order under s. 938.355 that placed for placement of a juvenile in detention, nonsecure custody, or inpatient treatment under s. 938.34 (3) (f) or (6) (am) may not be extended. No other order Other orders or portions of orders under s. 938.355 may be extended except only as provided in this section.

344,492 Section 492. 938.365 (2) (title) and (2g) (title) of the statutes are created to read:

938.365 (2) (title) Notice.

(2g) (title) Court report.

344,493 Section 493. 938.365 (2g) (b) 2. and (c) of the statutes are amended to read:

938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the juvenile's placement, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in under s. 938.355 (2d) (b) 1. to 4. applies.

(c) In cases where If the juvenile has not been placed outside the home, the report shall contain a description of efforts that have been made by all parties concerned toward meeting the objectives of treatment, care, or rehabilitation,; an explanation of why these efforts have not yet succeeded in meeting the objective,; and anticipated future planning for the juvenile.

344,494 Section 494. 938.365 (2m) (title) of the statutes is created to read:

938.365 (2m) (title) Hearing and order.

344,495 Section 495. 938.365 (2m) (a), (ad) 1. and (ag) of the statutes are amended to read:

938.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in under s. 938.355 (2d) (b) 1. to 4. applies. The court shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the juvenile to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in under s. 938.355 (2d) (b) 1. to 4. applies. An order shall be issued under s. 938.355.

2. If the court finds that any of the circumstances specified in under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the juvenile is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.

3. The court shall make the findings specified in under subd. 1. relating to reasonable efforts to achieve the goal of the juvenile's permanency plan and the findings specified in under subd. 2. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the order issued under s. 938.355. An order that merely references subd. 1. or 2. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.

(ad) 1. If the court finds that any of the circumstances specified in under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

(ag) The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under par. (ad) 2. or sub. (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, relevant to the issue of extension. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under par. (ad) 2. or sub. (2) and an opportunity to be heard under this paragraph 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.

344,496 Section 496. 938.365 (3) (title) and (4) (title) of the statutes are created to read:

938.365 (3) (title) Waiver of appearance.

(4) (title) Dispositions to be considered.

344,497 Section 497. 938.365 (5) and (6) of the statutes are amended to read:

938.365 (5) Duration of extension. Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in his or her home or that extends an order under s. 938.34 (4d), (4h), (4m), or (4n) shall be for a specified length of time not to exceed one year after its date of entry. Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall be for a specified length of time not to exceed the date on which the juvenile reaches attains 18 years of age, one year after the date of entry of on which the order is granted, or, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching attaining 19 years of age, the date on which the juvenile reaches attains 19 years of age, whichever is later.

(6) Hearings conducted after order terminates. If a request to extend a dispositional order is made prior to the termination of the order, but the court is unable to conduct a hearing on the request prior to the termination date, the court may extend the order for a period of not more than 30 days, not including any period of delay resulting from any of the circumstances specified in under s. 938.315 (1). The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time limit specified in this subsection. Failure to object if a hearing is not held within the time limit specified in under this subsection waives that time limit.

Note: Modifies s. 938.365 (5), stats., so that an extension of a dispositional order expires one year after the court orally makes, or grants, its order instead of one year after the order is filed with the clerk of court.

344,498 Section 498. 938.365 (7) (title) of the statutes is created to read:

938.365 (7) (title) Changes in placement not permitted.

344,499 Section 499. 938.368 (1) (title) of the statutes is created to read:

938.368 (1) (title) Termination of parental rights proceedings.

344,500 Section 500. 938.368 (2) (intro.) of the statutes is amended to read:

938.368 (2) Placement with guardian. (intro.) If a juvenile's placement with a guardian appointed under s. 48.977 (2) is designated by the court under s. 48.977 (3) as a permanent foster placement for the juvenile while a dispositional order under s. 938.345, a revision order under s. 938.363, or an extension order under s. 938.365 is in effect with respect to the juvenile, such the dispositional order, revision order, or extension order shall remain in effect until the earliest of the following:

344,501 Section 501. 938.37 (1) (title) and (3) (title) of the statutes are created to read:

938.37 (1) (title) Juvenile court.

(3) (title) Civil and criminal courts.

344,502 Section 502. 938.371 of the statutes is amended to read:

938.371 Access to certain information by substitute care provider. (1) Medical information. If a juvenile is placed in a foster home, treatment foster home, group home, residential care center for children and youth, or secured juvenile correctional facility, including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, treatment foster parent, or operator of the group home, residential care center for children and youth, or secured juvenile correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

(a) 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, as provided under s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent, or operator of the group home, residential care center for children and youth, or secured juvenile correctional facility of the confidentiality requirements under s. 252.15 (6).

(b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured juvenile correctional facility receiving information under this paragraph shall keep the information confidential.

(c) Any other medical information concerning the juvenile that is necessary for the care of the juvenile. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured juvenile correctional facility receiving information under this paragraph shall keep the information confidential.

(3) Other information. At the time of placement of a juvenile in a foster home, treatment foster home, group home, residential care center for children and youth, or secured juvenile correctional facility or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a), responsible for preparing the juvenile's permanency plan shall provide to the foster parent, treatment foster parent, or operator of the group home, residential care center for children and youth, or secured juvenile correctional facility information contained in the court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

(a) Any mental, emotional, cognitive, developmental, or behavioral disability of the juvenile. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured juvenile correctional facility receiving information under this subsection shall keep the information confidential.

(b) Any involvement of the juvenile in any criminal gang, as defined in s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured juvenile correctional facility receiving information under this paragraph shall keep the information confidential.

(c) Any involvement of the juvenile in any activities that are harmful to the juvenile's physical, mental, or moral well-being. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured juvenile correctional facility receiving information under this paragraph shall keep the information confidential.

(d) Any involvement of the juvenile, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, or 948.025, prostitution in violation of s. 944.30, sexual exploitation of a child in violation of s. 948.05, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the juvenile or for the protection of any person living in the foster home, treatment foster home, group home, residential care center for children and youth, or secured juvenile correctional facility. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured juvenile correctional facility receiving information under this paragraph shall keep the information confidential.

(e) The religious affiliation or belief beliefs of the juvenile.

344,503 Section 503. 938.373 (1) (title) of the statutes is created to read:

938.373 (1) (title) Authorization by court.

344,504 Section 504. 938.373 (2) (title) of the statutes is created to read:

938.373 (2) (title) Abortion; judicial waiver of parental consent requirement.