SB572, s. 278
2Section
278. 938.25 (2g) (title) of the statutes is amended to read:
SB572,133,33
938.25
(2g) (title)
American Indian juvenile; consultation with tribal court.
SB572, s. 279
4Section
279. 938.255 (1) (cm) of the statutes is amended to read:
SB572,133,95
938.255
(1) (cm) If the petition is initiating proceedings
other than proceedings
6under s. 938.12, 938.125 or 938.13 (12) under s. 938.13 (4), (6), (6m), or (7), whether
7the juvenile may be subject to the federal Indian Child Welfare Act,
25 USC 1901 to
81963, and, if the juvenile may be subject to that act, the names and addresses of the
9juvenile's Indian custodian, if any, and Indian tribe, if known.
SB572, s. 280
10Section
280. 938.255 (1) (cr) 1. a. of the statutes is amended to read:
SB572,133,1111
938.255
(1) (cr) 1. a. The juvenile is an
American Indian
juvenile.
SB572, s. 281
12Section
281. 938.255 (1) (cr) 1. b. of the statutes is amended to read:
SB572,133,1613
938.255
(1) (cr) 1. b. At the time of the alleged delinquent act, the juvenile was
14under an order of a
tribe's tribal court, other than a tribal court order relating to
15adoption, physical placement or visitation with the juvenile's parent, or permanent
16guardianship.
SB572, s. 282
17Section
282. 938.255 (1) (cr) 1. c. of the statutes is amended to read:
SB572,133,2418
938.255
(1) (cr) 1. c. At the time of the delinquent act the juvenile was
19physically outside the boundaries of
that tribe's
the reservation
of the Indian tribe
20of the tribal court and any off-reservation trust land of either that
Indian tribe or a
21member of that
Indian tribe as a direct consequence of a tribal court order under
22subd. 1. b., including a tribal court order placing the juvenile in the home of a relative
23of the juvenile who on or after the date of the tribal court order resides physically
24outside the boundaries of a reservation and off-reservation trust land.
SB572, s. 283
25Section
283. 938.255 (1) (cr) 2. of the statutes is amended to read:
SB572,134,5
1938.255
(1) (cr) 2. If the statement under subd. 1. is included in the petition and
2if the intake worker, district attorney, or corporation counsel has been notified by an
3official of the
Indian tribe that a petition relating to the delinquent act has been or
4may be filed in tribal court with respect to the alleged delinquent act, a statement
5to that effect.
SB572, s. 284
6Section
284. 938.255 (1) (g) of the statutes is created to read:
SB572,134,187
938.255
(1) (g) If the juvenile is or may be an Indian juvenile and is alleged to
8come within the provisions of s. 938.13 (4), (6), (6m), or (7), reliable and credible
9information showing that continued custody of the juvenile by the juvenile's parent
10or Indian custodian is likely to result in serious emotional or physical damage to the
11juvenile under s. 938.028 (4) (d) 1. and reliable and credible information showing that
12the person who took the juvenile into custody and the intake worker have made
13active efforts under s. 938.028 (4) (d) 2. to prevent the breakup of the Indian family
14and that those efforts have proved unsuccessful. If the juvenile is or may be an
15Indian juvenile, is alleged to come within the provisions of s. 938.13 (4), (6), (6m), or
16(7), and is being held in custody outside of his or her home, the petition shall set forth
17with specificity both the information required under this paragraph and the
18information required under par. (f).
SB572, s. 285
19Section
285. 938.255 (2) of the statutes is amended to read:
SB572,134,2120
938.255
(2) If any of the facts in sub. (1) (a) to (cr)
and, (f)
, and (g) are not known
21or cannot be ascertained by the petitioner, the petition shall so state.
SB572, s. 286
22Section
286. 938.255 (4) of the statutes is amended to read:
SB572,135,223
938.255
(4) Copy to juvenile, parents, and others. A copy of the petition shall
24be given to the juvenile and to the parents, guardian, legal custodian and physical
25custodian.
If the juvenile is an Indian juvenile who is alleged to come within the
1provisions of s. 938.13 (4), (6), (6m), or (7), a copy of the petition shall also be given
2to the Indian juvenile's Indian custodian and tribe.
SB572, s. 287
3Section
287. 938.27 (3) (a) 1. of the statutes is amended to read:
SB572,135,164
938.27
(3) (a) 1. The court shall notify, under s. 938.273, the juvenile, any
5parent, guardian, and legal custodian of the juvenile, any foster parent, treatment
6foster parent
, or other physical custodian described in s. 48.62 (2) of the juvenile, and
7any person specified in par. (b)
or (d), if applicable, of all hearings involving the
8juvenile under this subchapter, except hearings on motions for which notice must be
9provided only to the juvenile and his or her counsel. If parents entitled to notice have
10the same place of residence, notice to one constitutes notice to the other. The first
11notice to any interested party, foster parent, treatment foster parent, or other
12physical custodian described in s. 48.62 (2) shall be in writing and may have a copy
13of the petition attached to it. Notices of subsequent hearings may be given by
14telephone at least 72 hours before the time of the hearing. The person giving
15telephone notice shall place in the case file a signed statement of the date and time
16notice was given and the person to whom he or she spoke.
SB572, s. 288
17Section
288. 938.27 (3) (d) of the statutes is created to read:
SB572,135,2118
938.27
(3) (d) If the petition that was filed relates to facts concerning a situation
19under s. 938.13 (4), (6), (6m), or (7) involving an Indian juvenile, the court shall notify,
20under s. 938.273, the Indian juvenile's Indian custodian and tribe and that Indian
21custodian or tribe may intervene at any point in the proceeding.
SB572, s. 289
22Section
289. 938.27 (4) (b) of the statutes is amended to read:
SB572,135,2423
938.27
(4) (b) Advise the juvenile
and any other party, if applicable, of his or
24her right to legal counsel regardless of ability to pay.
SB572, s. 290
25Section
290. 938.273 (1) (a) of the statutes of the statutes is amended to read:
SB572,136,3
1938.273
(1) (a)
Service
Except as provided in pars. (ag), (ar), and (b), service of
2summons or notice required by s. 938.27 may be made by mailing a copy
of the
3summons or notice to the
persons person summoned or notified.
If
SB572,136,10
4(ar) Except as provided in par. (b), if the
persons person, other than a person
5specified in s. 938.27 (4m),
fail fails to appear at the hearing or otherwise to
6acknowledge service, a continuance shall be granted
, except as provided in par. (b),
7and service shall be made personally by delivering to the
persons person a copy of the
8summons or notice; except that if the court determines that it is impracticable to
9serve the summons or notice personally,
it the court may order service by certified
10mail addressed to the last-known
addresses address of the
persons person.
SB572, s. 291
11Section
291. 938.273 (1) (ag) of the statutes is created to read:
SB572,136,1412
938.273
(1) (ag) In a proceeding under s. 938.13 (4), (6), (6m), or (7), service of
13summons or notice required by s. 938.27 to an Indian juvenile's parent, Indian
14custodian, or tribe shall be made as provided in s. 938.028 (4) (a).
SB572, s. 292
15Section
292. 938.273 (1) (b) of the statutes is amended to read:
SB572,136,1916
938.273
(1) (b) The court may refuse to grant a continuance when the juvenile
17is being held in secure custody, but if the court so refuses,
it the court shall order that
18service of notice of the next hearing be made personally or by certified mail to the
19last-known address of the person who failed to appear at the hearing.
SB572, s. 293
20Section
293. 938.273 (1) (c) of the statutes is renumbered 938.273 (1) (c)
21(intro.) and amended to read:
SB572,136,2422
938.273
(1) (c) (intro.) Personal service shall be made at least 72 hours before
23the hearing. Mail shall be sent at least 7 days before the hearing, except
that when 24as follows:
SB572,137,2
11. When the petition is filed under s. 938.13 and the person to be notified lives
2outside the state, the mail shall be sent at least 14 days before the hearing.
SB572, s. 294
3Section
294. 938.273 (1) (c) 2. of the statutes is created to read:
SB572,137,84
938.273
(1) (c) 2. When a petition under s. 938.13 (4), (6), (6m), or (7) involves
5an Indian juvenile and the person to be notified is the Indian juvenile's parent,
6Indian custodian, or tribe, the mail shall be sent so that it is received by the person
7to be notified at least 10 days before the time of the hearing or by the U.S. secretary
8of the interior at least 25 days before the time of the hearing.
SB572, s. 295
9Section
295. 938.299 (6) (d) of the statutes is amended to read:
SB572,137,1710
938.299
(6) (d) The court may stay the proceedings under this chapter pending
11the outcome of the paternity proceedings under subch. IX of ch. 767 if the court
12determines that the paternity proceedings will not unduly delay the proceedings
13under this chapter and the determination of paternity is necessary to the court's
14disposition of the juvenile if the juvenile is found to be in need of protection or services
15or if the court determines that the paternity proceedings may result in a finding that
16the juvenile is an Indian juvenile and in a petition by the juvenile's parent, Indian
17custodian, or tribe for transfer of the proceeding to the jurisdiction of the tribe.
SB572, s. 296
18Section
296. 938.299 (9) (title) of the statutes is amended to read:
SB572,137,1919
938.299
(9) (title)
American Indian juvenile; tribal court involvement.
SB572, s. 297
20Section
297. 938.299 (9) (a) of the statutes is amended to read:
SB572,138,221
938.299
(9) (a) If a petition under s. 938.12 or 938.13 (12) includes the
22statement in s. 938.255 (1) (cr) 2. or if the court is informed during a proceeding under
23s. 938.12 or 938.13 (12) that a petition relating to the delinquent act has been filed
24in a
tribe's tribal court with respect to a juvenile to whom the circumstances specified
25in s. 938.255 (1) (cr) 1. apply, the court shall stay the proceeding and communicate
1with the tribal court in which the other proceeding is or may be pending to discuss
2which court is the more appropriate forum.
SB572, s. 298
3Section
298. 938.299 (10) of the statutes is created to read:
SB572,138,124
938.299
(10) If at any point in a proceeding under s. 938.13 (4), (6), (6m), or (7)
5the court determines that the juvenile is or may be an Indian juvenile, the court shall
6provide notice of the proceeding to the juvenile's parent, Indian custodian, and tribe
7in the manner specified in s. 938.028 (4) (a). The next hearing in the proceeding may
8not be held until at least 10 days after receipt of the notice by the parent, Indian
9custodian, and tribe or until at least 25 days after receipt of the notice by the U.S.
10secretary of the interior. On request of the parent, Indian custodian, or tribe, the
11court shall grant a continuance of up to 20 additional days to enable the requester
12to prepare for that hearing.
SB572, s. 299
13Section
299. 938.30 (1) of the statutes is amended to read:
SB572,138,2514
938.30
(1) Time of hearing. Except as provided in this subsection
and s.
15938.299 (10), the hearing to determine the juvenile's plea to a citation or a petition
16under s. 938.12, 938.125
, or 938.13 (12)
or (14), or to determine whether any party
17wishes to contest an allegation that the juvenile is in need of protection or services
18under s. 938.13 (4), (6), (6m),
or (7)
or (14) shall take place on a date which allows
19reasonable time for the parties to prepare but is within 30 days after the filing of a
20petition or issuance of a citation for a juvenile who is not being held in secure custody
21or within 10 days after the filing of a petition or issuance of a citation for a juvenile
22who is being held in secure custody. In a municipal court operated jointly by 2 or more
23cities, towns or villages under s. 755.01 (4), the hearing to determine the juvenile's
24plea shall take place within 45 days after the filing of a petition or issuance of a
25citation for a juvenile who is not being held in secure custody.
SB572, s. 300
1Section
300. 938.30 (2) of the statutes is amended to read:
SB572,139,92
938.30
(2) Information to juvenile and parents; basic rights; substitution. 3At or before the commencement of the hearing under this section the juvenile and
4the parent, guardian,
or legal custodian
, or Indian custodian shall be advised of their
5rights as specified in s. 938.243 and shall be informed that the hearing shall be to the
6court and that a request for a substitution of judge under s. 938.29 must be made
7before the end of the plea hearing or is waived. Nonpetitioning parties, including the
8juvenile, shall be granted a continuance of the plea hearing if they wish to consult
9with an attorney on the request for a substitution of a judge.
SB572, s. 301
10Section
301. 938.30 (6) (a) of the statutes is amended to read:
SB572,139,1711
938.30
(6) (a) If a petition is not contested, the court
, subject to s. 938.299 (10), 12shall set a date for the dispositional hearing which allows reasonable time for the
13parties to prepare but is no more than 10 days from the plea hearing for a juvenile
14who is held in secure custody and no more than 30 days from the plea hearing for a
15juvenile who is not held in secure custody. If all parties consent the court may
16proceed immediately with the dispositional hearing. If a citation is not contested, the
17court may proceed immediately to enter a dispositional order.
SB572, s. 302
18Section
302. 938.30 (7) of the statutes is amended to read:
SB572,139,2419
938.30
(7) Contested petitions or citations; date for fact-finding hearing. 20If the petition or citation is contested, the court
, subject to s. 938.299 (10), shall set
21a date for the fact-finding hearing that allows a reasonable time for the parties to
22prepare but is no more than 20 days
from after the plea hearing for a juvenile who
23is held in secure custody and no more than 30 days
from after the plea hearing for
24a juvenile who is not held in secure custody.
SB572, s. 303
25Section
303. 938.305 of the statutes is amended to read:
SB572,140,8
1938.305 Hearing upon the involuntary removal of a juvenile. 2Notwithstanding other time periods for hearings under this chapter, if a juvenile is
3removed from the physical custody of the juvenile's parent or guardian under s.
4938.19 (1) (c) or (d) 5. without the consent of the parent or guardian, the court
, subject
5to s. 938.299 (10), shall schedule a plea hearing and fact-finding hearing within 30
6days after a request from the parent or guardian from whom custody was removed.
7The plea hearing and fact-finding hearing may be combined. This time period may
8be extended only with the consent of the requesting parent or guardian.
SB572, s. 304
9Section
304. 938.31 (7) (a) of the statutes is amended to read:
SB572,140,1510
938.31
(7) (a) At the close of the fact-finding hearing, the court
, subject to s.
11938.299 (10), shall set a date for the dispositional hearing that allows a reasonable
12time for the parties to prepare but is no more than 10 days after the fact-finding
13hearing for a juvenile in secure custody and no more than 30 days after the
14fact-finding hearing for a juvenile not held in secure custody. If all parties consent,
15the court may immediately proceed with a dispositional hearing.
SB572, s. 305
16Section
305. 938.315 (1) (a) 11. of the statutes is created to read:
SB572,140,2017
938.315
(1) (a) 11. A continuance, not to exceed 20 days, granted at the request
18of the parent, Indian custodian, or tribe of a juvenile who is or may be an Indian
19juvenile to enable the requester to prepare for a proceeding under s. 938.13 (4), (6),
20(6m), or (7) involving the juvenile.
SB572, s. 306
21Section
306. 938.315 (2) of the statutes is amended to read:
SB572,141,222
938.315
(2) Continuance for good cause. A continuance may be granted by
23the court only upon a showing of good cause in open court or during a telephone
24conference under s. 807.13 on the record and only for so long as is necessary, taking
25into account the request or consent of the representative of the public under s. 938.09
1or the parties,
the request of a person specified in sub. (1) (a) 11., the interests of the
2victims
, and the interest of the public in the prompt disposition of cases.
SB572, s. 307
3Section
307. 938.32 (1) (d) 1. of the statutes is renumbered 938.32 (1) (d) and
4amended to read:
SB572,141,105
938.32
(1) (d) If the court finds that any of the circumstances specified in s.
6938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
7under s. 938.38 (4m) within 30 days after the date of that finding to determine the
8permanency plan for the juvenile.
The agency responsible for preparing the
9permanency plan shall file the permanency plan with the court not less than 5 days
10before the date of the hearing.
SB572, s. 308
11Section
308. 938.32 (1) (d) 2. of the statutes is repealed.
SB572, s. 309
12Section
309. 938.32 (1) (d) 3. of the statutes is repealed.
SB572, s. 310
13Section
310. 938.33 (4) (d) of the statutes is created to read:
SB572,142,214
938.33
(4) (d) In the case of a proceeding under s. 938.13 (4), (6), (6m), or (7),
15if the agency knows or has reason to know that the juvenile is an Indian juvenile, a
16description of any efforts undertaken to determine whether the juvenile is an Indian
17juvenile; specific information showing that continued custody of the juvenile by the
18parent or Indian custodian is likely to result in serious emotional or physical damage
19to the juvenile, under s. 938.028 (4) (d) 1.; specific information showing that the
20county department or agency primarily responsible for providing services to the
21juvenile has made active efforts under s. 938.028 (4) (d) 2. to prevent the breakup of
22the Indian family and that those efforts have proved unsuccessful; a statement as to
23whether the out-of-home care placement recommended is in compliance with the
24order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6)
25(b); and, if the recommended placement is not in compliance with that order, specific
1information showing good cause, as described in s. 938.028 (6) (d), for departing from
2that order.
SB572, s. 311
3Section
311. 938.335 (3j) of the statutes is created to read:
SB572,142,104
938.335
(3j) Indian juvenile; active efforts finding. At hearings under this
5section involving an Indian juvenile who is the subject of a proceeding under s. 938.13
6(4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is recommending
7placement of the Indian juvenile in a foster home, treatment foster home, group
8home, or residential care center for children and youth or in the home of a relative
9other than a parent, the agency shall present as evidence specific information
10showing all of the following:
SB572,142,1311
(a) That continued custody of the Indian juvenile by the parent or Indian
12custodian is likely to result in serious emotional or physical damage to the Indian
13juvenile under s. 938.028 (4) (d) 1.
SB572,142,1714
(b) That the county department or agency primarily responsible for providing
15services to the Indian juvenile has made active efforts under s. 938.028 (4) (d) 2. to
16prevent the breakup of the Indian family and that those efforts have proved
17unsuccessful.
SB572,142,2118
(c) That the placement recommended is in compliance with the order of
19placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b) or,
20if that placement is not in compliance with that order, good cause, as described in s.
21938.028 (6) (d), for departing from that order.
SB572, s. 312
22Section
312. 938.345 (1m) of the statutes is created to read:
SB572,143,423
938.345
(1m) Indian juvenile; placement preferences. (a) Subject to s.
24938.028 (6) (b), if the juvenile is an Indian juvenile who is in need of protection or
25services under s. 938.13 (4), (6), (6m), or (7) and who is being placed in an
1out-of-home care placement, as defined in s. 938.028 (2) (c), the court shall designate
2one of the placements specified in s. 938.028 (6) (a) 1. to 4. as the placement for the
3Indian juvenile, in the order of preference listed, unless the court finds good cause,
4as described in s. 938.028 (6) (d), for departing from that order.
SB572, s. 313
5Section
313. 938.355 (2) (b) 6v. of the statutes is created to read:
SB572,143,196
938.355
(2) (b) 6v. If the juvenile is an Indian juvenile who is in need of
7protection or services under s. 983.13 (4), (6), (6m), or (7) and who is placed outside
8the home, a finding supported by clear and convincing evidence, including the
9testimony of one or more qualified expert witnesses, that continued custody of the
10Indian juvenile by the parent or Indian custodian is likely to result in serious
11emotional or physical damage to the juvenile under s. 938.028 (4) (d) 1. and a finding
12supported by clear and convincing evidence as to whether the county department or
13agency primarily responsible for providing services under a court order has made
14active efforts under s. 938.028 (4) (d) 2. to prevent the breakup of the Indian family
15and that those efforts have proved unsuccessful. The findings under this subsection
16shall be in addition to the findings under subd. 6., except that for the sole purpose
17of determining whether the cost of providing care for an Indian juvenile is eligible
18for reimbursement under
42 USC 670 to
679b, the findings under this subdivision
19and the findings under subd. 6. shall be considered to be the same findings.
SB572, s. 314
20Section
314. 938.355 (2) (d) of the statutes is amended to read:
SB572,143,2421
938.355
(2) (d) The court shall provide a copy of the dispositional order to the
22juvenile's parent, guardian
, legal custodian, or trustee
and, if the juvenile is an
23Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m),
24or (7), to the Indian juvenile's Indian custodian and tribe.
SB572, s. 315
1Section
315. 938.355 (2d) (c) 1. of the statutes is renumbered 938.355 (2d) (c)
2and amended to read:
SB572,144,83
938.355
(2d) (c) If the court finds that any of the circumstances under par. (b)
41. to 4. applies with respect to a parent, the court shall hold a hearing
under s. 938.38
5(4m) within 30 days after the date of that finding to determine the permanency plan
6for the juvenile.
If a hearing is held under this subdivision, the agency responsible
7for preparing the permanency plan shall file the permanency plan with the court not
8less than 5 days before the date of the hearing.
SB572, s. 316
9Section
316. 938.355 (2d) (c) 2. of the statutes is repealed.
SB572, s. 317
10Section
317. 938.355 (2d) (c) 3. of the statutes is repealed.
SB572, s. 318
11Section
318. 938.355 (2d) (d) of the statutes is created to read:
SB572,144,1812
938.355
(2d) (d) This subsection does not affect the requirement under sub. (2)
13(b) 6v. that the court include in a dispositional order placing an Indian juvenile who
14is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) outside the
15home a finding as to whether the county department or agency primarily responsible
16for providing services under a court order has made active efforts under s. 938.028
17(4) (d) 2. to prevent the breakup of the Indian family and that those efforts have
18proved unsuccessful.
SB572, s. 319
19Section
319. 938.355 (6) (an) 1. of the statutes is amended to read:
SB572,145,920
938.355
(6) (an) 1. If a juvenile who has violated a municipal ordinance, other
21than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a
22dispositional order imposed by the municipal court, the municipal court may petition
23the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose
24on the juvenile the sanction under par. (d) 1. or the sanction under par. (d) 3., with
25monitoring by an electronic monitoring system. A sanction may be imposed under
1this subdivision only if, at the time of the judgment, the municipal court explained
2the conditions to the juvenile and informed the juvenile of those possible sanctions
3for a violation or if before the violation the juvenile has acknowledged in writing that
4he or she has read, or has had read to him or her, those conditions and possible
5sanctions and that he or she understands those conditions and possible sanctions.
6The petition shall contain a statement of whether the juvenile may be subject to the
7federal Indian Child Welfare Act,
25 USC 1911 to
1963, and, if the juvenile may be
8subject to that act, the names and addresses of the juvenile's Indian custodian, if any,
9and tribe, if known.
SB572, s. 320
10Section
320. 938.355 (6) (b) of the statutes is amended to read:
SB572,145,2011
938.355
(6) (b)
Motion to impose sanction. A motion for imposition of a sanction
12may be brought by the person or agency primarily responsible for the provision of
13dispositional services, the district attorney or corporation counsel, or the court that
14entered the dispositional order. If the court initiates the motion, that court is
15disqualified from holding a hearing on the motion. Notice of the motion shall be given
16to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian, and all
17parties present at the original dispositional hearing. The motion shall contain a
18statement of whether the juvenile may be subject to the federal Indian Child Welfare
19Act,
25 USC 1911 to
1963 and, if the juvenile may be subject to that act, the names
20and addresses of the juvenile's Indian custodian, if any, and tribe, if known.
SB572, s. 321
21Section
321. 938.355 (6) (bm) of the statutes is created to read:
SB572,146,822
938.355
(6) (bm)
Indian juvenile; notice. If the person initiating the motion
23knows or has reason to know that the juvenile is an Indian juvenile who has been
24found to be in need of protection or services under s. 938.13 (4), (6), (6m), or (7) or who
25has been adjudged to have violated a civil law or ordinance, notice under par. (b) to
1the Indian juvenile's parent shall be provided in the manner specified in s. 938.028
2(4) (a). In like manner, the court shall also notify the Indian juvenile's Indian
3custodian and tribe. No hearing may be held under par. (c) until at least 10 days after
4receipt of the notice by the Indian juvenile's parent, Indian custodian, and tribe or
5until at least 25 days after receipt of the notice by the U.S. secretary of the interior.
6On request of the Indian juvenile's parent, Indian custodian, or tribe, the court shall
7grant a continuance of up to 20 additional days to enable the requester to prepare
8for the hearing.