SB288, s. 305 20Section 305. 938.27 (3) (d) of the statutes is created to read:
SB288,154,2521 938.27 (3) (d) If the petition that was filed relates to facts concerning a situation
22under s. 938.13 (4), (6), (6m), or (7) involving an Indian juvenile who has been
23removed from the home of his or her parent or Indian custodian, the court shall notify,
24under s. 938.273, the Indian juvenile's Indian custodian and tribe and that Indian
25custodian or tribe may intervene at any point in the proceeding.
SB288, s. 306
1Section 306. 938.27 (4) (b) of the statutes is amended to read:
SB288,155,32 938.27 (4) (b) Advise the juvenile and any other party, if applicable, of his or
3her right to legal counsel regardless of ability to pay.
SB288, s. 307 4Section 307. 938.273 (1) (a) of the statutes of the statutes is amended to read:
SB288,155,75 938.273 (1) (a) Service Except as provided in pars. (ag), (ar), and (b), service of
6summons or notice required by s. 938.27 may be made by mailing a copy of the
7summons or notice
to the persons person summoned or notified. If
SB288,155,14 8(ar) Except as provided in par. (b), if the persons person, other than a person
9specified in s. 938.27 (4m), fail fails to appear at the hearing or otherwise to
10acknowledge service, a continuance shall be granted, except as provided under par.
11(b)
, and service shall be made personally by delivering to the persons person a copy
12of the summons or notice; except that if the court determines that it is impracticable
13to serve the summons or notice personally, it the court may order service by certified
14mail addressed to the last-known addresses address of the persons person.
SB288, s. 308 15Section 308. 938.273 (1) (ag) of the statutes is created to read:
SB288,155,1816 938.273 (1) (ag) In a situation described in s. 938.27 (3) (d), service of summons
17or notice required by s. 938.27 to an Indian juvenile's parent, Indian custodian, or
18tribe shall be made as provided in s. 938.028 (4) (a).
SB288, s. 309 19Section 309. 938.273 (1) (b) of the statutes is amended to read:
SB288,155,2320 938.273 (1) (b) The court may refuse to grant a continuance when the juvenile
21is being held in secure custody, but if the court so refuses, it the court shall order that
22service of notice of the next hearing be made personally or by certified mail to the
23last-known address of the person who failed to appear at the hearing.
SB288, s. 310 24Section 310. 938.273 (1) (c) of the statutes is renumbered 938.273 (1) (c)
25(intro.) and amended to read:
SB288,156,3
1938.273 (1) (c) (intro.) Personal service shall be made at least 72 hours before
2the hearing. Mail shall be sent at least 7 days before the hearing, except that when
3as follows:
SB288,156,5 41. When the petition is filed under s. 938.13 and the person to be notified lives
5outside the state, the mail shall be sent at least 14 days before the hearing.
SB288, s. 311 6Section 311. 938.273 (1) (c) 2. of the statutes is created to read:
SB288,156,137 938.273 (1) (c) 2. When a petition under s. 938.13 (4), (6), (6m), or (7) involves
8an Indian juvenile who has been removed from the home of his or her parent or
9Indian custodian and the person to be notified is the Indian juvenile's parent, Indian
10custodian, or tribe, the mail shall be sent so that it is received by the person to be
11notified at least 10 days before the hearing or, if the identity or location of the person
12to be notified cannot be determined by the U.S. secretary of the interior at least 10
13days before the hearing.
SB288, s. 312 14Section 312. 938.299 (6) (d) of the statutes is amended to read:
SB288,156,2315 938.299 (6) (d) The court may stay the proceedings under this chapter pending
16the outcome of the paternity proceedings under subch. IX of ch. 767 if the court
17determines that the paternity proceedings will not unduly delay the proceedings
18under this chapter and the determination of paternity is necessary to the court's
19disposition of the juvenile if the juvenile is found to be in need of protection or services
20or if the court determines or has reason to know that the paternity proceedings may
21result in a finding that the juvenile is an Indian juvenile and in a petition by the
22juvenile's parent, Indian custodian, or tribe for transfer of the proceeding to the
23jurisdiction of the tribe
.
SB288, s. 313 24Section 313. 938.299 (9) (title) of the statutes is amended to read:
SB288,156,2525 938.299 (9) (title) American Indian juvenile; tribal court involvement.
SB288, s. 314
1Section 314. 938.299 (9) (a) of the statutes is amended to read:
SB288,157,82 938.299 (9) (a) If a petition under s. 938.12 or 938.13 (12) includes the
3statement in s. 938.255 (1) (cr) 2. or if the court is informed during a proceeding under
4s. 938.12 or 938.13 (12) that a petition relating to the delinquent act has been filed
5in a tribe's tribal court with respect to a juvenile to whom the circumstances specified
6in s. 938.255 (1) (cr) 1. apply, the court shall stay the proceeding and communicate
7with the tribal court in which the other proceeding is or may be pending to discuss
8which court is the more appropriate forum.
SB288, s. 315 9Section 315. 938.299 (10) of the statutes is created to read:
SB288,157,1910 938.299 (10) If at any point in a proceeding under s. 938.13 (4), (6), (6m), or (7)
11the court determines or has reason to know that the juvenile is an Indian juvenile,
12the court shall provide notice of the proceeding to the juvenile's parent, Indian
13custodian, and tribe in the manner specified in s. 938.028 (4) (a). The next hearing
14in the proceeding may not be held until at least 10 days after receipt of the notice by
15the parent, Indian custodian, and tribe or, if the identity or location of the parent,
16Indian custodian, or tribe cannot be determined, until at least 10 days after receipt
17of the notice by the U.S. secretary of the interior. On request of the parent, Indian
18custodian, or tribe, the court shall grant a continuance of up to 20 additional days
19to enable the requester to prepare for that hearing.
SB288, s. 316 20Section 316. 938.30 (1) of the statutes is amended to read:
SB288,158,721 938.30 (1) Time of hearing. Except as provided in this subsection and s.
22938.299 (10)
, the hearing to determine the juvenile's plea to a citation or a petition
23under s. 938.12, 938.125, or 938.13 (12) or (14), or to determine whether any party
24wishes to contest an allegation that the juvenile is in need of protection or services
25under s. 938.13 (4), (6), (6m), or (7) or (14) shall take place on a date which allows

1reasonable time for the parties to prepare but is within 30 days after the filing of a
2petition or issuance of a citation for a juvenile who is not being held in secure custody
3or within 10 days after the filing of a petition or issuance of a citation for a juvenile
4who is being held in secure custody. In a municipal court operated jointly by 2 or more
5cities, towns or villages under s. 755.01 (4), the hearing to determine the juvenile's
6plea shall take place within 45 days after the filing of a petition or issuance of a
7citation for a juvenile who is not being held in secure custody.
SB288, s. 317 8Section 317. 938.30 (2) of the statutes is amended to read:
SB288,158,169 938.30 (2) Information to juvenile and parents; basic rights; substitution.
10At or before the commencement of the hearing under this section the juvenile and
11the parent, guardian, or legal custodian, or Indian custodian shall be advised of their
12rights as specified in s. 938.243 and shall be informed that the hearing shall be to the
13court and that a request for a substitution of judge under s. 938.29 must be made
14before the end of the plea hearing or is waived. Nonpetitioning parties, including the
15juvenile, shall be granted a continuance of the plea hearing if they wish to consult
16with an attorney on the request for a substitution of a judge.
SB288, s. 318 17Section 318. 938.30 (6) (a) of the statutes is amended to read:
SB288,158,2518 938.30 (6) (a) If a petition is not contested, the court, subject to s. 938.299 (10),
19shall set a date for the dispositional hearing which allows reasonable time for the
20parties to prepare but is no more than 10 days from the plea hearing for a juvenile
21who is held in secure custody and no more than 30 days from the plea hearing for a
22juvenile who is not held in secure custody. If Subject to s. 938.299 (10), if all parties
23consent, the court may proceed immediately with the dispositional hearing. If a
24citation is not contested, the court may proceed immediately to enter a dispositional
25order.
SB288, s. 319
1Section 319. 938.30 (7) of the statutes is amended to read:
SB288,159,72 938.30 (7) Contested petitions or citations; date for fact-finding hearing.
3If the petition or citation is contested, the court, subject to s. 938.299 (10), shall set
4a date for the fact-finding hearing that allows a reasonable time for the parties to
5prepare but is no more than 20 days from after the plea hearing for a juvenile who
6is held in secure custody and no more than 30 days from after the plea hearing for
7a juvenile who is not held in secure custody.
SB288, s. 320 8Section 320. 938.305 of the statutes is amended to read:
SB288,159,16 9938.305 Hearing upon the involuntary removal of a juvenile.
10Notwithstanding other time periods for hearings under this chapter, if a juvenile is
11removed from the physical custody of the juvenile's parent or guardian under s.
12938.19 (1) (c) or (d) 5. without the consent of the parent or guardian, the court, subject
13to s. 938.299 (10),
shall schedule a plea hearing and fact-finding hearing within 30
14days after a request from the parent or guardian from whom custody was removed.
15The plea hearing and fact-finding hearing may be combined. This time period may
16be extended only with the consent of the requesting parent or guardian.
SB288, s. 321 17Section 321. 938.31 (5) of the statutes is created to read:
SB288,160,218 938.31 (5) If the juvenile is an Indian juvenile in need of protection or services
19under s. 938.13 (4), (6), (6m), or (7), the court shall also determine at the fact-finding
20hearing whether continued custody of the Indian juvenile by the Indian juvenile's
21parent or Indian custodian is likely to result in serious emotional or physical damage
22to the Indian juvenile under s. 938.028 (4) (d) 1. and whether active efforts under s.
23938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's
24family and whether those efforts have proved unsuccessful, unless partial summary

1judgment on the allegations under s. 938.13 (4), (6), (6m), or (7) is granted, in which
2case the court shall make those determinations at the dispositional hearing.
SB288, s. 322 3Section 322. 938.31 (7) (a) of the statutes is amended to read:
SB288,160,104 938.31 (7) (a) At the close of the fact-finding hearing, the court, subject to s.
5938.299 (10),
shall set a date for the dispositional hearing that allows a reasonable
6time for the parties to prepare but is no more than 10 days after the fact-finding
7hearing for a juvenile in secure custody and no more than 30 days after the
8fact-finding hearing for a juvenile not held in secure custody. If Subject to s. 938.299
9(10), if
all parties consent, the court may immediately proceed with a dispositional
10hearing.
SB288, s. 323 11Section 323. 938.315 (1) (a) 11. of the statutes is created to read:
SB288,160,1612 938.315 (1) (a) 11. A continuance, not to exceed 20 days, granted at the request
13of the parent, Indian custodian, or tribe of a juvenile whom the court knows or has
14reason to know is an Indian juvenile to enable the requester to prepare for a
15proceeding under s. 938.13 (4), (6), (6m), or (7) involving the out-of-home care
16placement of the juvenile.
SB288, s. 324 17Section 324. 938.32 (1) (d) 1. of the statutes is renumbered 938.32 (1) (d) and
18amended to read:
SB288,160,2419 938.32 (1) (d) If the court finds that any of the circumstances specified in s.
20938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
21under s. 938.38 (4m) within 30 days after the date of that finding to determine the
22permanency plan for the juvenile. The agency responsible for preparing the
23permanency plan shall file the permanency plan with the court not less than 5 days
24before the date of the hearing.
SB288, s. 325
1Section 325. 938.32 (1) (d) 2. of the statutes, as affected by 2009 Wisconsin Act
228
, is repealed.
SB288, s. 326 3Section 326. 938.32 (1) (d) 3. of the statutes, as affected by 2009 Wisconsin Act
428
, is repealed.
SB288, s. 327 5Section 327. 938.32 (1) (e) of the statutes is created to read:
SB288,161,226 938.32 (1) (e) 1. In the case of an Indian juvenile who is the subject of a
7proceeding under s. 938.13 (4), (6), (6m), or (7), if at the time the consent decree is
8entered into the Indian juvenile is placed outside the home of his or her parent or
9Indian custodian under a voluntary agreement under s. 48.63 or is otherwise living
10outside that home without a court order and if the consent decree maintains the
11Indian juvenile in that placement or other living arrangement, the consent decree
12shall include a finding supported by clear and convincing evidence, including the
13testimony of one or more qualified expert witnesses, that continued custody of the
14Indian juvenile by the parent or Indian custodian is likely to result in serious
15emotional or physical damage to the child under s. 938.028 (4) (d) 1. and a finding
16that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the breakup
17of the Indian juvenile's family and that those efforts have proved unsuccessful. The
18findings under this subdivision shall be in addition to the findings under par. (c) 1.,
19except that for the sole purpose of determining whether the cost of providing care for
20an Indian juvenile is eligible for reimbursement under 42 USC 670 to 679b, the
21findings under this subdivision and the findings under par. (c) 1. shall be considered
22to be the same findings.
SB288,162,223 2. If the placement or other living arrangement under subd. 1. departs from the
24order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6)

1(b), the court shall also find good cause, as described in s. 938.028 (6) (d), for departing
2from that order.
SB288, s. 328 3Section 328. 938.33 (4) (d) of the statutes is created to read:
SB288,162,174 938.33 (4) (d) In the case of a proceeding under s. 938.13 (4), (6), (6m), or (7),
5if the agency knows or has reason to know that the juvenile is an Indian juvenile who
6is being removed from the home of his or her parent or Indian custodian, a description
7of any efforts undertaken to determine whether the juvenile is an Indian juvenile;
8specific information showing that continued custody of the juvenile by the parent or
9Indian custodian is likely to result in serious emotional or physical damage to the
10juvenile, under s. 938.028 (4) (d) 1.; specific information showing that active efforts
11under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian
12juvenile's family and that those efforts have proved unsuccessful; a statement as to
13whether the out-of-home care placement recommended is in compliance with the
14order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6)
15(b); and, if the recommended placement is not in compliance with that order, specific
16information showing good cause, as described in s. 938.028 (6) (d), for departing from
17that order.
SB288, s. 329 18Section 329. 938.335 (3j) of the statutes is created to read:
SB288,163,219 938.335 (3j) Indian juvenile; active efforts finding. At hearings under this
20section involving an Indian juvenile who is the subject of a proceeding under s. 938.13
21(4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is recommending
22removal of the Indian juvenile from the home of his or her parent or Indian custodian
23and placement of the Indian juvenile in a foster home, treatment foster home, group
24home, or residential care center for children and youth or in the home of a relative

1other than a parent, the agency shall present as evidence specific information
2showing all of the following:
SB288,163,53 (a) That continued custody of the Indian juvenile by the parent or Indian
4custodian is likely to result in serious emotional or physical damage to the Indian
5juvenile under s. 938.028 (4) (d) 1.
SB288,163,86 (b) That active efforts under s. 938.028 (4) (d) 2. have been made to prevent the
7breakup of the Indian juvenile's family and that those efforts have proved
8unsuccessful.
SB288,163,129 (c) That the placement recommended is in compliance with the order of
10placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b) or,
11if that placement is not in compliance with that order, good cause, as described in s.
12938.028 (6) (d), for departing from that order.
SB288, s. 330 13Section 330. 938.335 (3j) (intro.) of the statutes, as created by 2009 Wisconsin
14Act .... (this act), is amended to read:
SB288,163,2215 938.335 (3j) (intro.) Indian juvenile; active efforts finding. At hearings under
16this section involving an Indian juvenile who is the subject of a proceeding under s.
17938.13 (4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is
18recommending removal of the Indian juvenile from the home of his or her parent or
19Indian custodian and placement of the Indian juvenile in a foster home, treatment
20foster home,
group home, or residential care center for children and youth or in the
21home of a relative other than a parent, the agency shall present as evidence specific
22information showing all of the following:
SB288, s. 331 23Section 331. 938.345 (1m) of the statutes is created to read:
SB288,164,524 938.345 (1m) Indian juvenile; placement preferences. (a) Subject to s.
25938.028 (6) (b), if the juvenile is an Indian juvenile who is in need of protection or

1services under s. 938.13 (4), (6), (6m), or (7) and who is being removed from the home
2of his or her parent or Indian custodian and placed outside that home, the court shall
3designate one of the placements specified in s. 938.028 (6) (a) 1. to 4. as the placement
4for the Indian juvenile, in the order of preference listed, unless the court finds good
5cause, as described in s. 938.028 (6) (d), for departing from that order.
SB288, s. 332 6Section 332. 938.355 (2) (b) 6v. of the statutes is created to read:
SB288,164,227 938.355 (2) (b) 6v. If the juvenile is an Indian juvenile who is in need of
8protection or services under s. 938.13 (4), (6), (6m), or (7) and who is being removed
9from the home of his or her parent or Indian custodian and placed outside that home,
10a finding supported by clear and convincing evidence, including the testimony of one
11or more qualified expert witnesses, that continued custody of the Indian juvenile by
12the parent or Indian custodian is likely to result in serious emotional or physical
13damage to the juvenile under s. 938.028 (4) (d) 1. and a finding that active efforts
14under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian
15juvenile's family and that those efforts have proved unsuccessful. The findings
16under this subdivision shall be in addition to the findings under subd. 6., except that
17for the sole purpose of determining whether the cost of providing care for an Indian
18juvenile is eligible for reimbursement under 42 USC 670 to 679b, the findings under
19this subdivision and the findings under subd. 6. shall be considered to be the same
20findings. The findings under this subdivision are not required if they were made in
21a previous order in the proceeding unless a change in circumstances warrants new
22findings.
SB288, s. 333 23Section 333. 938.355 (2) (d) of the statutes is amended to read:
SB288,165,324 938.355 (2) (d) The court shall provide a copy of the dispositional order to the
25juvenile's parent, guardian, legal custodian, or trustee and, if the juvenile is an

1Indian juvenile who has been removed from the home of his or her parent or Indian
2custodian and placed outside that home under s. 938.13 (4), (6), (6m), or (7), to the
3Indian juvenile's Indian custodian and tribe
.
SB288, s. 334 4Section 334. 938.355 (2d) (c) 1. of the statutes is renumbered 938.355 (2d) (c)
5and amended to read:
SB288,165,116 938.355 (2d) (c) If the court finds that any of the circumstances under par. (b)
71. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38
8(4m)
within 30 days after the date of that finding to determine the permanency plan
9for the juvenile. If a hearing is held under this subdivision, the agency responsible
10for preparing the permanency plan shall file the permanency plan with the court not
11less than 5 days before the date of the hearing.
SB288, s. 335 12Section 335. 938.355 (2d) (c) 2. of the statutes, as affected by 2009 Wisconsin
13Act 28
, is repealed.
SB288, s. 336 14Section 336. 938.355 (2d) (c) 3. of the statutes, as affected by 2009 Wisconsin
15Act 28
, is repealed.
SB288, s. 337 16Section 337. 938.355 (2d) (d) of the statutes is created to read:
SB288,165,2317 938.355 (2d) (d) This subsection does not affect the requirement under sub. (2)
18(b) 6v. that the court include in a dispositional order removing an Indian juvenile who
19is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) from the home
20of his or her parent or Indian custodian and placing the juvenile outside that home
21a finding that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the
22breakup of the Indian juvenile's family and that those efforts have proved
23unsuccessful.
SB288, s. 338 24Section 338. 938.355 (6) (an) 1. of the statutes is amended to read:
SB288,166,15
1938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance, other
2than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a
3dispositional order imposed by the municipal court, the municipal court may petition
4the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose
5on the juvenile the sanction under par. (d) 1. or the sanction under par. (d) 3., with
6monitoring by an electronic monitoring system. A sanction may be imposed under
7this subdivision only if, at the time of the judgment, the municipal court explained
8the conditions to the juvenile and informed the juvenile of those possible sanctions
9for a violation or if before the violation the juvenile has acknowledged in writing that
10he or she has read, or has had read to him or her, those conditions and possible
11sanctions and that he or she understands those conditions and possible sanctions.
12The petition shall contain a statement of whether the juvenile may be subject to the
13federal Indian Child Welfare Act, 25 USC 1911 1901 to 1963, and, if the juvenile may
14be subject to that act, the names and addresses of the juvenile's Indian custodian, if
15any, and tribe, if known
.
SB288, s. 339 16Section 339. 938.355 (6) (b) of the statutes is amended to read:
SB288,167,217 938.355 (6) (b) Motion to impose sanction. A motion for imposition of a sanction
18may be brought by the person or agency primarily responsible for the provision of
19dispositional services, the district attorney or corporation counsel, or the court that
20entered the dispositional order. If the court initiates the motion, that court is
21disqualified from holding a hearing on the motion. Notice of the motion shall be given
22to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian, and all
23parties present at the original dispositional hearing. The motion shall contain a
24statement of whether the juvenile may be subject to the federal Indian Child Welfare

1Act, 25 USC 1911 1901 to 1963 and, if the juvenile may be subject to that act, the
2names and addresses of the juvenile's Indian custodian, if any, and tribe, if known
.
SB288, s. 340 3Section 340. 938.355 (6) (bm) of the statutes is created to read:
SB288,167,194 938.355 (6) (bm) Indian juvenile; notice. If the person initiating the motion
5knows or has reason to know that the juvenile is an Indian juvenile who has been
6found to be in need of protection or services under s. 938.13 (4), (6m), or (7) or who
7has been adjudged to have violated a civil law or ordinance, other than an ordinance
8enacted under s. 118.163 (1m) or (2), and if the motion is seeking removal of the
9juvenile from the home of his or her parent or Indian custodian and placement of the
10juvenile in a place of nonsecure custody specified in par. (d) 1., notice under par. (b)
11to the Indian juvenile's parent shall be provided in the manner specified in s. 938.028
12(4) (a). In like manner, the court shall also notify the Indian juvenile's Indian
13custodian and tribe. No hearing may be held under par. (c) until at least 10 days after
14receipt of the notice by the Indian juvenile's parent, Indian custodian, and tribe or,
15if the identity or location of the Indian juvenile's parent, Indian custodian, or tribe
16cannot be determined, until at least 10 days after receipt of the notice by the U.S.
17secretary of the interior. On request of the Indian juvenile's parent, Indian
18custodian, or tribe, the court shall grant a continuance of up to 20 additional days
19to enable the requester to prepare for the hearing.
SB288, s. 341 20Section 341. 938.355 (6) (cr) of the statutes is created to read:
SB288,168,1321 938.355 (6) (cr) Indian juvenile; findings. In the case of an Indian juvenile who
22has been found to be in need of protection or services under s. 938.13 (4), (6m), or (7)
23or who has been adjudged to have violated a civil law or ordinance, other than an
24ordinance enacted under s. 118.163 (1m) or (2), the court may not order the sanction
25of removal from the home of the Indian juvenile's parent or Indian custodian and

1placement in a place of nonsecure custody specified in par. (d) 1., unless the court
2finds by clear and convincing evidence, including the testimony of one or more
3qualified expert witnesses, that continued custody of the Indian juvenile by the
4parent or Indian custodian is likely to result in serious emotional or physical damage
5to the juvenile under s. 938.028 (4) (d) 1. and the court finds that active efforts under
6s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's
7family and that those efforts have proved unsuccessful. These findings are not
8required if they were made in the dispositional order under which the juvenile is
9being sanctioned. The findings under this paragraph shall be in addition to the
10findings under par. (cm), except that for the sole purpose of determining whether the
11cost of providing care for an Indian juvenile is eligible for reimbursement under 42
12USC 670
to 679b, the findings under this paragraph and the findings under par. (cm)
13shall be considered to be the same findings.
SB288, s. 342 14Section 342. 938.355 (6m) (am) 1. of the statutes is amended to read:
SB288,169,215 938.355 (6m) (am) 1. If a juvenile who has violated a municipal ordinance
16enacted under s. 118.163 (2) violates a condition of a dispositional order imposed by
17the municipal court, the municipal court may petition the court assigned to exercise
18jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction
19specified in par. (a) 1g. A sanction may be imposed under this subdivision only if, at
20the time of the judgment the municipal court explained the conditions to the juvenile
21and informed the juvenile of that possible sanction or if before the violation the
22juvenile has acknowledged in writing that he or she has read, or has had read to him
23or her, those conditions and that possible sanction and that he or she understands
24those conditions and that possible sanction. The petition shall contain a statement
25of whether the juvenile may be subject to the federal Indian Child Welfare Act, 25

1USC 1911 1901 to 1963, and, if the juvenile may be subject to that act, the names and
2addresses of the juvenile's Indian custodian, if any, and tribe, if known
.
SB288, s. 343 3Section 343. 938.355 (6m) (bm) of the statutes is created to read:
SB288,169,184 938.355 (6m) (bm) Indian juvenile; notice. If the person initiating the motion
5knows or has reason to know that the juvenile is an Indian juvenile who has been
6found to be in need of protection or services under s. 938.13 (6) or who has been
7adjudged to have violated an ordinance enacted under s. 118.163 (2), and if the
8motion is seeking removal of the juvenile from the home of his or her parent or Indian
9custodian and placement in a place of nonsecure custody specified in par. (a) 1g.,
10notice under par. (b) to the Indian juvenile's parent shall be provided in the manner
11specified in s. 938.028 (4) (a). In like manner, the court shall also notify the Indian
12juvenile's Indian custodian and tribe. No hearing may be held under par. (c) until
13at least 10 days after receipt of the notice by the Indian juvenile's parent, Indian
14custodian, and tribe or, if the identity or location of the Indian juvenile's parent,
15Indian custodian, or tribe cannot be determined, until at least 10 days after receipt
16of the notice by the U.S. secretary of the interior. On request of the Indian juvenile's
17parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20
18additional days to enable the requester to prepare for the hearing.
SB288, s. 344 19Section 344. 938.355 (6m) (c) of the statutes is amended to read:
SB288,169,2420 938.355 (6m) (c) Sanction hearing. Before imposing a sanction under par. (a)
21or (ag), the court shall hold a hearing at which the juvenile is entitled to be
22represented by legal counsel and to present evidence. The Except as provided in par.
23(bm), the
hearing shall be held within 15 days after the filing of a motion under par.
24(b).
SB288, s. 345 25Section 345. 938.355 (6m) (cr) of the statutes is created to read:
SB288,170,18
1938.355 (6m) (cr) Indian juvenile; findings. In the case of an Indian juvenile
2who has been found to be in need of protection or services under s. 938.13 (6) or who
3has been adjudged to have violated an ordinance enacted under s. 118.163 (2), the
4court may not order the sanction of removal from the home of the Indian juvenile's
5parent or Indian custodian and placement in a place of nonsecure custody specified
6in par. (a) 1g., unless the court finds by clear and convincing evidence, including the
7testimony of one or more qualified expert witnesses, that continued custody of the
8Indian juvenile by the parent or Indian custodian is likely to result in serious
9emotional or physical damage to the juvenile under s. 938.028 (4) (d) 1. and the court
10finds that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the
11breakup of the Indian juvenile's family and that those efforts have proved
12unsuccessful. These findings are not required if they were made in the dispositional
13order under which the juvenile is being sanctioned. The findings under this
14paragraph shall be in addition to the findings under par. (cm), except that for the sole
15purpose of determining whether the cost of providing care for an Indian juvenile is
16eligible for reimbursement under 42 USC 670 to 679b, the findings under this
17paragraph and the findings under par. (cm) shall be considered to be the same
18findings.
SB288, s. 346 19Section 346. 938.357 (1) (am) 1. of the statutes is amended to read:
SB288,171,720 938.357 (1) (am) 1. If the proposed change in placement involves any change
21in placement other than a change in placement under par. (c), the person or agency
22primarily responsible for implementing the dispositional order or the district
23attorney shall cause written notice of the proposed change in placement to be sent
24to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any
25foster parent, treatment foster parent, or other physical custodian described in s.

148.62 (2) of the juvenile. If the juvenile is an Indian juvenile who has been removed
2from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m),
3or (7), written notice shall also be sent to the Indian juvenile's Indian custodian and
4tribe.
The notice shall contain the name and address of the new placement, the
5reasons for the change in placement, a statement describing why the new placement
6is preferable to the present placement, and a statement of how the new placement
7satisfies objectives of the treatment plan ordered by the court.
SB288, s. 347 8Section 347. 938.357 (1) (am) 1. of the statutes, as affected by 2009 Wisconsin
9Acts 28
and .... (this act), is repealed and recreated to read:
SB288,171,2210 938.357 (1) (am) 1. If the proposed change in placement involves any change
11in placement other than a change in placement under par. (c), the person or agency
12primarily responsible for implementing the dispositional order or the district
13attorney shall cause written notice of the proposed change in placement to be sent
14to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any
15foster parent or other physical custodian described in s. 48.62 (2) of the juvenile. If
16the juvenile is an Indian juvenile who has been removed from the home of his or her
17parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall
18also be sent to the Indian juvenile's Indian custodian and tribe. The notice shall
19contain the name and address of the new placement, the reasons for the change in
20placement, a statement describing why the new placement is preferable to the
21present placement, and a statement of how the new placement satisfies objectives
22of the treatment plan ordered by the court.
SB288, s. 348 23Section 348. 938.357 (1) (am) 1g. of the statutes is created to read:
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