AB75-SSA1,1691,722
938.363
(1m) Evidence and statements. If a hearing is held under sub. (1) (a),
23any party may present evidence relevant to the issue of revision of the dispositional
24order. In addition, the court shall give a foster parent
, treatment foster parent, or
25other physical custodian described in s. 48.62 (2) of the juvenile an opportunity to be
1heard at the hearing by permitting the foster parent
, treatment foster parent, or
2other physical custodian to make a written or oral statement during the hearing, or
3to submit a written statement prior to the hearing, relevant to the issue of revision.
4A foster parent
, treatment foster parent, or other physical custodian who receives
5notice of a hearing under sub. (1) (a) and an opportunity to be heard under this
6subsection does not become a party to the proceeding on which the hearing is held
7solely on the basis of receiving that notice and opportunity to be heard.
AB75-SSA1,1691,149
938.365
(2) Notice. No order may be extended without a hearing. The court
10shall notify the juvenile or the juvenile's guardian ad litem or counsel, the juvenile's
11parent, guardian, legal custodian, all of the parties present at the original hearing,
12the juvenile's foster parent
, treatment foster parent or other physical custodian
13described in s. 48.62 (2), and the district attorney or corporation counsel in the county
14in which the dispositional order was entered of the time and place of the hearing.
AB75-SSA1, s. 3320
15Section
3320. 938.365 (2m) (ad) 2. of the statutes is amended to read:
AB75-SSA1,1691,2016
938.365
(2m) (ad) 2. If a hearing is held under subd. 1., at least 10 days before
17the date of the hearing the court shall notify the juvenile, any parent, guardian, and
18legal custodian of the juvenile, and any foster parent
, treatment foster parent, or
19other physical custodian described in s. 48.62 (2) of the juvenile of the time, place,
20and purpose of the hearing.
AB75-SSA1,1692,622
938.365
(2m) (ag) The court shall give a foster parent
, treatment foster parent, 23or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
24par. (ad) 2. or sub. (2) an opportunity to be heard at the hearing by permitting the
25foster parent
, treatment foster parent, or other physical custodian to make a written
1or oral statement during the hearing, or to submit a written statement prior to the
2hearing, relevant to the issue of extension. A foster parent
, treatment foster parent, 3or other physical custodian who receives notice of a hearing under par. (ad) 2. or sub.
4(2) and an opportunity to be heard under this paragraph does not become a party to
5the proceeding on which the hearing is held solely on the basis of receiving that notice
6and opportunity to be heard.
AB75-SSA1,1692,198
938.365
(5) Duration of extension. Except as provided in s. 938.368, an order
9under this section that continues the placement of a juvenile in his or her home or
10that extends an order under s. 938.34 (4d), (4h), (4m), or (4n) shall be for a specified
11length of time not to exceed one year after its date of entry. Except as provided in s.
12938.368, an order under this section that continues the placement of a juvenile in a
13foster home,
treatment foster home, group home, or residential care center for
14children and youth or in the home of a relative other than a parent shall be for a
15specified length of time not to exceed the date on which the juvenile attains 18 years
16of age, one year after the date on which the order is granted, or, if the juvenile is a
17full-time student at a secondary school or its vocational or technical equivalent and
18is reasonably expected to complete the program before attaining 19 years of age, the
19date on which the juvenile attains 19 years of age, whichever is later.
AB75-SSA1, s. 3323
20Section
3323. 938.371 (1) (intro.) of the statutes is amended to read:
AB75-SSA1,1693,621
938.371
(1) Medical information. (intro.) If a juvenile is placed in a foster
22home,
treatment foster home, group home, residential care center for children and
23youth, or juvenile correctional facility or in the home of a relative other than a parent,
24including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38
25(1) (a), that placed the juvenile or arranged for the placement of the juvenile shall
1provide the following information to the foster parent,
treatment foster parent, 2relative, or operator of the group home, residential care center for children and
3youth, or juvenile correctional facility at the time of placement or, if the information
4has not been provided to the agency by that time, as soon as possible after the date
5on which the agency receives that information, but not more than 2 working days
6after that date:
AB75-SSA1,1693,148
938.371
(1) (a) Results of a test or a series of tests of the juvenile to determine
9the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products
10of HIV, or an antibody to HIV, 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, relative, or
13operator of the group home, residential care center for children and youth, or juvenile
14correctional facility of the confidentiality requirements under s. 252.15 (6).
AB75-SSA1, s. 3325
15Section
3325. 938.371 (3) (intro.) of the statutes is amended to read:
AB75-SSA1,1694,316
938.371
(3) Other information. (intro.) At the time of placement of a juvenile
17in a foster home,
treatment foster home, group home, residential care center for
18children and youth, or juvenile correctional facility or in the home of a relative other
19than a parent or, if the information is not available at that time, as soon as possible
20after the date on which the court report or permanency plan has been submitted, but
21no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a),
22responsible for preparing the juvenile's permanency plan shall provide to the foster
23parent,
treatment foster parent, relative, or operator of the group home, residential
24care center for children and youth, or juvenile correctional facility information
25contained in the court report submitted under s. 938.33 (1) or 938.365 (2g) or
1permanency plan submitted under s. 938.355 (2e) or 938.38 relating to findings or
2opinions of the court or agency that prepared the court report or permanency plan
3relating to any of the following:
AB75-SSA1,1694,125
938.371
(3) (d) Any involvement of the juvenile, whether as victim or
6perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02,
7948.025, or 948.085, prostitution in violation of s. 944.30, sexual exploitation of a
8child in violation of s. 948.05, or causing a child to view or listen to sexual activity
9in violation of s. 948.055, if the information is necessary for the care of the juvenile
10or for the protection of any person living in the foster home,
treatment foster home, 11group home, residential care center for children and youth, or juvenile correctional
12facility.
AB75-SSA1, s. 3327
13Section
3327. 938.38 (2) (intro.) of the statutes is amended to read:
AB75-SSA1,1694,2214
938.38
(2) Permanency plan required. (intro.) Except as provided in sub. (3),
15for each juvenile living in a foster home,
treatment foster home, group home,
16residential care center for children and youth, juvenile detention facility, or shelter
17care facility, the agency that placed the juvenile or arranged the placement or the
18agency assigned primary responsibility for providing services to the juvenile under
19s. 938.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following
20conditions exists, and, for each juvenile living in the home of a relative other than
21a parent, that agency shall prepare a written permanency plan, if any of the
22conditions under pars. (a) to (e) exists:
AB75-SSA1,1695,924
938.38
(4) (bm) A statement as to the availability of a safe and appropriate
25placement with a fit and willing relative of the juvenile and
, if of what efforts were
1made to comply with an order under s. 938.21 (2) (e) or (3) (f) requiring notification
2of all adult relatives of the juvenile and all other adult individuals whose homes have
3been requested by the juvenile's parent to be considered as potential placements for
4the juvenile and to notify all other adult individuals whose homes have been
5requested by the juvenile to be considered as potential placements for the juvenile.
6If a decision is made not to place the juvenile with an available relative
, or individual
7identified by the juvenile's parent or the juvenile, the permanency plan shall include 8a statement as to why placement with the relative
or other individual is not safe or
9appropriate.
AB75-SSA1, s. 3328
10Section
3328. 938.38 (4) (f) (intro.) of the statutes is amended to read:
AB75-SSA1,1695,1511
938.38
(4) (f) (intro.) A description of the services that will be provided to the
12juvenile, the juvenile's family, and the juvenile's foster parent,
the juvenile's
13treatment foster parent, the operator of the facility where the juvenile is living, or
14the relative with whom the juvenile is living to carry out the dispositional order,
15including services planned to accomplish all of the following:
AB75-SSA1,1696,517
938.38
(5) (b) The court or the agency shall notify the parents of the juvenile,
18the juvenile, if he or she is 10 years of age or older, and the juvenile's foster parent,
19the juvenile's treatment foster parent, the operator of the facility in which the
20juvenile is living, or the relative with whom the juvenile is living of the date, time,
21and place of the review, of the issues to be determined as part of the review, and of
22the fact that they may have an opportunity to be heard at the review by submitting
23written comments not less than 10 working days before the review or by
24participating at the review. The court or agency shall notify the person representing
25the interests of the public, the juvenile's counsel, and the juvenile's guardian ad litem
1of the date of the review, of the issues to be determined as part of the review, and of
2the fact that they may submit written comments not less than 10 working days before
3the review. The notices under this paragraph shall be provided in writing not less
4than 30 days before the review and copies of the notices shall be filed in the juvenile's
5case record.
AB75-SSA1,1696,127
938.38
(5) (e) Within 30 days, the agency shall prepare a written summary of
8the determinations under par. (c) and shall provide a copy to the court that entered
9the order, the juvenile or the juvenile's counsel or guardian ad litem, the person
10representing the interests of the public, the juvenile's parent or guardian and the
11juvenile's foster parent
, the juvenile's treatment foster parent or the operator of the
12facility where the juvenile is living.
AB75-SSA1,1696,2014
938.38
(5m) (b) Not less than 30 days before the date of the hearing, the court
15shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the
16juvenile's foster parent
or treatment foster parent, the operator of the facility in
17which the juvenile is living, or the relative with whom the juvenile is living; the
18juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the
19permanency plan; and the person representing the interests of the public of the date,
20time, and place of the hearing.
AB75-SSA1,1697,522
938.38
(5m) (c) Any person who is provided notice of the hearing may have an
23opportunity to be heard at the hearing by submitting written comments relevant to
24the determinations specified in sub. (5) (c) not less than 10 working days before the
25date of the hearing or by participating at the hearing. A foster parent,
treatment
1foster parent, operator of a facility in which a juvenile is living, or relative with whom
2a juvenile is living who receives notice of a hearing under par. (b) and an opportunity
3to be heard under this paragraph does not become a party to the proceeding on which
4the hearing is held solely on the basis of receiving that notice and opportunity to be
5heard.
AB75-SSA1,1697,227
938.38
(5m) (e) After the hearing, the court shall make written findings of fact
8and conclusions of law relating to the determinations under sub. (5) (c) and shall
9provide a copy of those findings of fact and conclusions of law to the juvenile; the
10juvenile's parent, guardian, and legal custodian; the juvenile's foster parent
or
11treatment foster parent, the operator of the facility in which the juvenile is living,
12or the relative with whom the juvenile is living; the agency that prepared the
13permanency plan; and the person representing the interests of the public. The court
14shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on
15circumstances specific to the juvenile and shall document or reference the specific
16information on which those findings are based in the findings of fact and conclusions
17of law prepared under this paragraph. Findings of fact and conclusions of law that
18merely reference sub. (5) (c) 7. without documenting or referencing that specific
19information in the findings of fact and conclusions of law or amended findings of fact
20and conclusions of law that retroactively correct earlier findings of fact and
21conclusions of law that do not comply with this paragraph are not sufficient to comply
22with this paragraph.
AB75-SSA1,1698,1124
938.48
(4) Care, training, and placement. Provide appropriate care and
25training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or
1(4n), or 938.357 (4), including serving those juveniles in their own homes, placing
2them in licensed foster homes
or licensed treatment foster homes or licensed group
3homes under s. 48.63, contracting for their care by licensed child welfare agencies
, 4or replacing them in juvenile correctional facilities or secured residential care
5centers for children and youth in accordance with rules promulgated under ch. 227,
6except that the department may not purchase the educational component of private
7day treatment programs for a juvenile in its custody unless the department, the
8school board, as defined in s. 115.001 (7), and the state superintendent of public
9instruction all determine that an appropriate public education program is not
10available for the juvenile. Disputes between the department and the school district
11shall be resolved by the state superintendent of public instruction.
AB75-SSA1,1698,1513
938.49
(2) (b) Notify the juvenile's last school district
or, if the juvenile was last
14enrolled in a private school under the program under s. 119.23, the private school, 15in writing of its obligation under s. 118.125 (4).
AB75-SSA1,1698,1717
938.52
(1) (b) Foster homes
or treatment foster homes.
AB75-SSA1, s. 3337
18Section
3337. 938.538 (3) (a) 1p. of the statutes is amended to read:
AB75-SSA1,1698,2119
938.538
(3) (a) 1p. Alternate care, including placement in a foster home,
20treatment foster home, group home, residential care center for children and youth,
21or secured residential care center for children and youth.
AB75-SSA1,1699,1123
938.57
(1) (c) Provide appropriate protection and services for juveniles in its
24care, including providing services for juveniles and their families in their own homes,
25placing the juveniles in licensed foster homes
, licensed treatment foster homes, or
1licensed group homes in this state or another state within a reasonable proximity to
2the agency with legal custody, placing the juveniles in the homes of guardians under
3s. 48.977 (2), contracting for services for them by licensed child welfare agencies, or
4replacing them in juvenile correctional facilities or secured residential care centers
5for children and youth in accordance with rules promulgated under ch. 227, except
6that the county department may not purchase the educational component of private
7day treatment programs unless the county department, the school board, as defined
8in s. 115.001 (7), and the state superintendent of public instruction determine that
9an appropriate public education program is not available. Disputes between the
10county department and the school district shall be resolved by the state
11superintendent of public instruction.
AB75-SSA1,1699,1513
938.57
(3) (a) 4. Is living in a foster home,
treatment foster home, group home,
14residential care center for children and youth, or subsidized guardianship home
15under s. 48.62 (5).
AB75-SSA1,1699,2217
938.78
(2) (i) Paragraph (a) does not prohibit an agency from disclosing
18information to a relative of a juvenile placed outside of his or her home only to the
19extent necessary to facilitate the establishment of a relationship between the
20juvenile and the relative or a placement of the juvenile with the relative. In this
21paragraph, "relative" includes a relative whose relationship is derived through a
22parent of the juvenile whose parental rights are terminated.
AB75-SSA1,1699,2524
940.201
(1) (a) "Family member" means a spouse, child, stepchild, foster child,
25treatment foster child, parent, sibling
, or grandchild.
AB75-SSA1,1700,32
940.203
(1) (a) "Family member" means a parent, spouse, sibling, child,
3stepchild,
foster child or
treatment foster child.
AB75-SSA1,1700,65
940.205
(1) In this section, "family member" means a parent, spouse, sibling,
6child, stepchild,
foster child or
treatment foster child.
AB75-SSA1,1700,98
940.207
(1) In this section, "family member" means a parent, spouse, sibling,
9child, stepchild,
foster child or
treatment foster child.
AB75-SSA1,1700,1411
940.43
(1) Where the act is accompanied by force or violence or attempted force
12or violence
, upon the witness, or the spouse, child, stepchild, foster child,
treatment
13foster child, parent, sibling
, or grandchild of the witness
, or any person sharing a
14common domicile with the witness.
AB75-SSA1,1700,1916
940.45
(1) Where the act is accompanied by force or violence or attempted force
17or violence
, upon the victim, or the spouse, child, stepchild, foster child,
treatment
18foster child, parent, sibling
, or grandchild of the victim
, or any person sharing a
19common domicile with the victim.
AB75-SSA1,1700,2221
943.011
(1) (a) "Family member" means a spouse, child, stepchild, foster child,
22treatment foster child, parent, sibling
, or grandchild.
AB75-SSA1,1700,2524
943.013
(1) (a) "Family member" means a parent, spouse, sibling, child,
25stepchild,
foster child or
treatment foster child.
AB75-SSA1,1701,32
943.015
(1) In this section, "family member" means a parent, spouse, sibling,
3child, stepchild,
foster child or
treatment foster child.
AB75-SSA1, s. 3349
4Section
3349
. 943.017 (2m) (a) 1. of the statutes is amended to read:
AB75-SSA1,1701,65
943.017
(2m) (a) 1. "Family member" means a spouse, child, stepchild, foster
6child,
treatment foster child, parent, sibling
, or grandchild.
AB75-SSA1,1701,128
943.245
(3m) Any recovery under this section shall be reduced by the amount
9recovered as restitution for the same act under ss. 800.093 and 973.20
or as
10recompense under s. 969.13 (5) (a) for the same act and by any amount collected in
11connection with the act and paid to the plaintiff under a deferred prosecution
12agreement under s. 971.41.
AB75-SSA1,1701,1614
943.51
(3r) Any recovery under this section shall be reduced by the amount
15recovered as restitution for the same act under ss. 800.093 and 973.20
or as
16recompense under s. 969.13 (5) (a) for the same act.
AB75-SSA1,1701,2318
946.13
(2) (g) Contracts with, or tax credits or payments received by, public
19officers or employees for wildlife damage claims or abatement under s. 29.889, for
20farmland preservation under
s. 91.13, 2007 stats., or s. 91.60 or subch. IX of ch. 71
21and s. 91.13, soil and water resource management under s. 92.14, soil erosion control
22under s. 92.10, 1985 stats., animal waste management under s. 92.15, 1985 stats.,
23and nonpoint source water pollution abatement under s. 281.65.
AB75-SSA1,1702,16
1946.15 Public and publicly funded construction contracts at less than
2full rate. (1) Any employer, or any agent or employee of an employer, who induces
3any person who seeks to be or is employed pursuant to a public contract as defined
4in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing
5wage rate determination has been issued by the department of workforce
6development under s. 66.0903 (3),
66.0904 (4), 103.49 (3), 103.50 (3)
, or 229.8275 (3)
7or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6)
8or 66.0904 (6) to give up, waive
, or return any part of the compensation to which that
9person is entitled under his or her contract of employment or under the prevailing
10wage rate determination issued by the department or local governmental unit, or
11who reduces the hourly basic rate of pay normally paid to an employee for work on
12a project on which a prevailing wage rate determination has not been issued under
13s. 66.0903 (3) or (6),
66.0904 (4) or (6), 103.49 (3), 103.50 (3)
, or 229.8275 (3) during
14a week in which the employee works both on a project on which a prevailing wage
15rate determination has been issued and on a project on which a prevailing wage rate
16determination has not been issued, is guilty of a Class I felony.
AB75-SSA1,1703,6
17(2) Any person employed pursuant to a public contract as defined in s. 66.0901
18(1) (c) or employed on a project on which a prevailing wage rate determination has
19been issued by the department of workforce development under s. 66.0903 (3),
2066.0904 (4), 103.49 (3), 103.50 (3)
, or 229.8275 (3) or by a local governmental unit,
21as defined in s. 66.0903 (1) (d), under s. 66.0903 (6)
or 66.0904 (6) who gives up,
22waives
, or returns to the employer or agent of the employer any part of the
23compensation to which the employee is entitled under his or her contract of
24employment or under the prevailing wage determination issued by the department
25or local governmental unit, or who gives up any part of the compensation to which
1he or she is normally entitled for work on a project on which a prevailing wage rate
2determination has not been issued under s. 66.0903 (3) or (6),
66.0904 (4) or (6), 3103.49 (3), 103.50 (3)
, or 229.8275 (3) during a week in which the person works
4part-time on a project on which a prevailing wage rate determination has been
5issued and part-time on a project on which a prevailing wage rate determination has
6not been issued, is guilty of a Class C misdemeanor.
AB75-SSA1,1703,16
7(3) Any employer or labor organization, or any agent or employee of an
8employer or labor organization, who induces any person who seeks to be or is
9employed on a project on which a prevailing wage rate determination has been issued
10by the department of workforce development under s. 66.0903 (3),
66.0904 (4), 103.49
11(3), 103.50 (3)
, or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903
12(1) (d), under s. 66.0903 (6)
or 66.0904 (6) to permit any part of the wages to which
13that person is entitled under the prevailing wage rate determination issued by the
14department or local governmental unit to be deducted from the person's pay is guilty
15of a Class I felony, unless the deduction would be permitted under
29 CFR 3.5 or
3.6 16from a person who is working on a project that is subject to
40 USC
276c 3142.
AB75-SSA1,1703,25
17(4) Any person employed on a project on which a prevailing wage rate
18determination has been issued by the department of workforce development under
19s. 66.0903 (3),
66.0904 (4), 103.49 (3), 103.50 (3)
, or 229.8275 (3) or by a local
20governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6)
or 66.0904
21(6) who permits any part of the wages to which that person is entitled under the
22prevailing wage rate determination issued by the department or local governmental
23unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the
24deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working
25on a project that is subject to 40
276c 3142.
AB75-SSA1,1704,72
948.01
(3) "Person responsible for the child's welfare" includes the child's
3parent; stepparent; guardian; foster parent;
treatment foster parent; an employee of
4a public or private residential home, institution
, or agency; other person legally
5responsible for the child's welfare in a residential setting; or a person employed by
6one legally responsible for the child's welfare to exercise temporary control or care
7for the child.
AB75-SSA1,1704,109
948.085
(1) Has sexual contact or sexual intercourse with a child for whom the
10actor is a foster parent
or treatment foster parent.
AB75-SSA1,1704,1712
948.22
(4) (b) For a person not subject to a court order requiring child,
13grandchild
, or spousal support payments, when the person knows or reasonably
14should have known that he or she has a dependent, failure to provide support equal
15to at least the amount established by rule by the department of children and families
16under s. 49.22 (9) or causing a spouse, grandchild
, or child to become a dependent
17person, or continue to be a dependent person, as defined in s. 49.01 (2)
, 2009 stats.
AB75-SSA1,1704,2219
948.45
(1) Except as provided in sub. (2), any Any person 17 years of age or older
20who, by any act or omission, knowingly encourages or contributes to the truancy, as
21defined under s. 118.16 (1) (c), of a person 17 years of age or under is guilty of a Class
22C misdemeanor.
AB75-SSA1,1705,6
1949.01
(2) "Dependent" means any spouse,
domestic partner under ch. 770, 2parent, grandparent, stepparent, child, stepchild, adopted child, grandchild,
3brother, sister, half brother, half sister, or parent of spouse
or of domestic partner
4under ch. 770, of a deceased victim who was wholly or partially dependent upon the
5victim's income at the time of the victim's death and includes any child of the victim
6born after the victim's death.