28,3315
Section
3315. 938.357 (4) (c) 2. of the statutes is amended to read:
938.357 (4) (c) 2. If a juvenile is placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) and it appears that a less restrictive placement would be appropriate for the juvenile, the child welfare agency operating the Type 2 residential care center for children and youth shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency may place the juvenile in a less restrictive placement. A child welfare agency may also, with the agreement of the county department that has supervision over a juvenile who is placed in a less restrictive placement under this subdivision, return the juvenile to the Type 2 residential care center for children and youth without a hearing under sub. (1) (am) 2. The child welfare agency shall establish a rate for each type of placement shall be established by the department of children and families, in consultation with the department, in the manner provided in s. 49.343.
28,3316
Section
3316. 938.357 (6) of the statutes is amended to read:
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 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 attaining 19 years of age, to the date on which the juvenile 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.
28,3317
Section
3317. 938.363 (1) (b) of the statutes is amended to read:
938.363 (1) (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.
28,3318
Section
3318. 938.363 (1m) of the statutes is amended to read:
938.363 (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 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.
28,3319
Section
3319. 938.365 (2) of the statutes is amended to read:
938.365 (2) Notice. No order may be extended without a hearing. The court shall notify the juvenile or the juvenile's guardian ad litem or counsel, the juvenile's parent, guardian, legal custodian, all of the parties present at the original hearing, 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 of the time and place of the hearing.
28,3320
Section
3320. 938.365 (2m) (ad) 2. of the statutes is amended to read:
938.365 (2m) (ad) 2. If a hearing is held under subd. 1., at least 10 days before the date of the hearing the court shall notify the juvenile, any 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) of the juvenile of the time, place, and purpose of the hearing.
28,3321
Section
3321. 938.365 (2m) (ag) of the statutes is amended to read:
938.365 (2m) (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 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.
28,3322
Section
3322. 938.365 (5) of the statutes is 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 attains 18 years of age, one year after the date 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 attaining 19 years of age, the date on which the juvenile attains 19 years of age, whichever is later.
28,3323
Section
3323. 938.371 (1) (intro.) of the statutes is amended to read:
938.371 (1) Medical information. (intro.) If a juvenile is placed in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility or in the home of a relative other than a parent, 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, relative, or operator of the group home, residential care center for children and youth, or 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:
28,3324
Section
3324. 938.371 (1) (a) of the statutes is amended to read:
938.371 (1) (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, 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, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility of the confidentiality requirements under s. 252.15 (6).
28,3325
Section
3325. 938.371 (3) (intro.) of the statutes is amended to read:
938.371 (3) Other information. (intro.) 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 juvenile correctional facility or in the home of a relative other than a parent 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, relative, or operator of the group home, residential care center for children and youth, or 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:
28,3326
Section
3326. 938.371 (3) (d) of the statutes is amended to read:
938.371 (3) (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, 948.025, or 948.085, 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 juvenile correctional facility.
28,3327
Section
3327. 938.38 (2) (intro.) of the statutes is amended to read:
938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, residential care center for children and youth, juvenile detention facility, or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each juvenile living in the home of a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions under pars. (a) to (e) exists:
28,3327p
Section 3327p. 938.38 (4) (bm) of the statutes is amended to read:
938.38 (4) (bm) A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the juvenile and, if of what efforts were made to comply with an order under s. 938.21 (2) (e) or (3) (f) requiring notification of all adult relatives of the juvenile and all other adult individuals whose homes have been requested by the juvenile's parent to be considered as potential placements for the juvenile and to notify all other adult individuals whose homes have been requested by the juvenile to be considered as potential placements for the juvenile. If a decision is made not to place the juvenile with an available relative, or individual identified by the juvenile's parent or the juvenile, the permanency plan shall include a statement as to why placement with the relative or other individual is not safe or appropriate.
28,3328
Section
3328. 938.38 (4) (f) (intro.) of the statutes is amended to read:
938.38 (4) (f) (intro.) A description of the services that will be provided to the juvenile, the juvenile's family, and the juvenile's foster parent, the juvenile's treatment foster parent, the operator of the facility where the juvenile is living, or the relative with whom the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:
28,3329
Section
3329. 938.38 (5) (b) of the statutes is amended to read:
938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile, if he or she is 10 years of age or older, and the juvenile's foster parent, the juvenile's treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living of the date, time, and place of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel, and the juvenile's guardian ad litem of the date of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.
28,3330
Section
3330. 938.38 (5) (e) of the statutes is amended to read:
938.38 (5) (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order, the juvenile or the juvenile's counsel or guardian ad litem, the person representing the interests of the public, the juvenile's parent or guardian and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility where the juvenile is living.
28,3331
Section
3331. 938.38 (5m) (b) of the statutes is amended to read:
938.38 (5m) (b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the permanency plan; and the person representing the interests of the public of the date, time, and place of the hearing.
28,3332
Section
3332. 938.38 (5m) (c) of the statutes is amended to read:
938.38 (5m) (c) Any person who is provided notice of the hearing may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, treatment foster parent, operator of a facility in which a juvenile is living, or relative with whom a juvenile is living who receives notice of a hearing under par. (b) 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.
28,3333
Section
3333. 938.38 (5m) (e) of the statutes is amended to read:
938.38 (5m) (e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the agency that prepared the permanency plan; and the person representing the interests of the public. The court shall make the findings specified in sub. (5) (c) 7. 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 findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.
28,3334
Section
3334. 938.48 (4) of the statutes is amended to read:
938.48 (4) Care, training, and placement. Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4), including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes or licensed group homes under s. 48.63, contracting for their care by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for a juvenile in its custody unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.
28,3334p
Section 3334p. 938.48 (8p) of the statutes is created to read:
938.48 (8p) Indian juvenile placements. Reimburse tribes and county departments, from the appropriation under s. 20.410 (1) (kp), for unexpected or unusually high-cost out-of-home care placements of Indian juveniles who have been adjudicated delinquent. In this subsection, "unusually high-cost out-of-home care placements" means the amount by which the cost to a tribe or to a county department of out-of-home care placements of Indian juveniles who have been adjudicated delinquent exceeds $50,000 in a fiscal year.
28,3335
Section
3335. 938.49 (2) (b) of the statutes is amended to read:
938.49 (2) (b) Notify the juvenile's last school district or, if the juvenile was last enrolled in a private school under the program under s. 119.23, the private school, in writing of its obligation under s. 118.125 (4).
28,3336
Section
3336. 938.52 (1) (b) of the statutes is amended to read:
938.52 (1) (b) Foster homes or treatment foster homes.
28,3337
Section
3337. 938.538 (3) (a) 1p. of the statutes is amended to read:
938.538 (3) (a) 1p. Alternate care, including placement in a foster home, treatment foster home, group home, residential care center for children and youth, or secured residential care center for children and youth.
28,3338
Section
3338. 938.57 (1) (c) of the statutes is amended to read:
938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes, or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the juveniles in the homes of guardians under s. 48.977 (2), contracting for services for them by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.
28,3339
Section
3339. 938.57 (3) (a) 4. of the statutes is amended to read:
938.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).
28,3339j
Section 3339j. 938.78 (2) (i) of the statutes is created to read:
938.78 (2) (i) Paragraph (a) does not prohibit an agency from disclosing information to a relative of a juvenile placed outside of his or her home only to the extent necessary to facilitate the establishment of a relationship between the juvenile and the relative or a placement of the juvenile with the relative. In this paragraph, "relative" includes a relative whose relationship is derived through a parent of the juvenile whose parental rights are terminated.
28,3339L
Section 3339L. 939.22 (20d) of the statutes is created to read:
939.22 (20d) "Offense against an elderly or vulnerable person" means a violation of s. 940.285 (2) (a) that caused death, great bodily harm, or bodily harm to the victim or s. 940.295 (3) (b) that caused death, great bodily harm, or bodily harm to the victim.
28,3339n
Section 3339n. 939.22 (20m) of the statutes is created to read:
939.22 (20m) "Offense related to ethical government" means a violation of s. 13.69 (6m), 19.58 (1) (b), or 946.12.
28,3339p
Section 3339p. 939.22 (20s) of the statutes is created to read:
939.22 (20s) "Offense related to school safety" means a violation of s. 948.605 or 948.61 (2) (b).
28,3340
Section
3340
. 940.201 (1) (a) of the statutes is amended to read:
940.201 (1) (a) "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild.
28,3341
Section
3341
. 940.203 (1) (a) of the statutes is amended to read:
940.203 (1) (a) "Family member" means a parent, spouse, sibling, child, stepchild, foster child or
treatment foster child.
28,3342
Section
3342
. 940.205 (1) of the statutes is amended to read:
940.205 (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
28,3343
Section
3343
. 940.207 (1) of the statutes is amended to read:
940.207 (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
28,3344
Section
3344
. 940.43 (1) of the statutes is amended to read:
940.43 (1) Where the act is accompanied by force or violence or attempted force or violence, upon the witness, or the spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild of the witness, or any person sharing a common domicile with the witness.
28,3345
Section
3345
. 940.45 (1) of the statutes is amended to read:
940.45 (1) Where the act is accompanied by force or violence or attempted force or violence, upon the victim, or the spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild of the victim, or any person sharing a common domicile with the victim.
28,3346
Section
3346
. 943.011 (1) (a) of the statutes is amended to read:
943.011 (1) (a) "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild.
28,3347
Section
3347
. 943.013 (1) (a) of the statutes is amended to read:
943.013 (1) (a) "Family member" means a parent, spouse, sibling, child, stepchild, foster child or
treatment foster child.
28,3348
Section
3348
. 943.015 (1) of the statutes is amended to read:
943.015 (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
28,3349
Section
3349
. 943.017 (2m) (a) 1. of the statutes is amended to read:
943.017 (2m) (a) 1. "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild.
28,3349g
Section 3349g. 943.245 (3m) of the statutes is amended to read:
943.245 (3m) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) for the same act and by any amount collected in connection with the act and paid to the plaintiff under a deferred prosecution agreement under s. 971.41.
28,3349r
Section 3349r. 943.51 (3r) of the statutes is amended to read:
943.51 (3r) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) for the same act.
28,3350
Section
3350. 946.13 (2) (g) of the statutes is amended to read:
946.13 (2) (g) Contracts with, or tax credits or payments received by, public officers or employees for wildlife damage claims or abatement under s. 29.889, for farmland preservation under s. 91.13, 2007 stats., or s. 91.60 or subch. IX of ch. 71 and s. 91.13, soil and water resource management under s. 92.14, soil erosion control under s. 92.10, 1985 stats., animal waste management under s. 92.15, 1985 stats., and nonpoint source water pollution abatement under s. 281.65.
28,3350d
Section 3350d. 946.13 (12) (b) 2. a. of the statutes is amended to read:
