SB285: Bill Text

SB285, s. 89 Section 89. 815.18 (2) (i) of the statutes is amended to read:

SB285,40,3 815.18 (2) (i) "Farm products" has the meaning given under s. 409.102 (1) (im) (ig).

Note: Corrects cross-reference. "Farm products" is defined at s. 409.102 (1) (ig). "Farming operation" is defined at s. 409.102 (1) (im).

SB285, s. 90 Section 90. 895.483 (4) of the statutes, as created by 2009 Wisconsin Act 43, is amended to read:

SB285,40,11 895.483 (4) A regional structural collapse team, a member of such a team, and a local agency, as defined in s. 166.22 323.70 (1) (c) (b), that contracts with the division of emergency management in the department of military affairs for the provision of a regional structural collapse team, are immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under s. 166.218 323.72 (1).

Note: Section 166.22 (1) (c) was renumbered s. 323.70 (1) (b) by 2009 Wis. Act 42. Section 166.218 is renumbered s. 323.72 by this bill.

SB285, s. 91 Section 91. 938.02 (8p) of the statutes, as created by 2009 Wisconsin Act 94, is renumbered 938.02 (8e) and amended to read:

SB285,40,20 938.02 (8e) "Indian custodian" means an Indian person who has legal custody under tribal law or custom or under state law of an Indian juvenile who is the subject of an Indian juvenile custody proceeding, as defined in s. 938.028 (2) (b), or of an Indian juvenile in need of protection or services under s. 938.13 (4), (6), (6m), or (7) who is the subject of a temporary physical custody proceeding under ss. 939.19 938.19 to 938.21 or to whom temporary physical care, custody, and control has been transferred by the parent of that juvenile.

Note: Places definition in alphabetical order consistent with current style. Corrects cross-reference. There is no s. 939.19. Sections 938.19 to 938.21 relate to custody proceedings.

SB285, s. 92 Section 92. The treatment of 938.32 (1) (c) 1. c. of the statutes by 2009 Wisconsin Act 79 is not repealed by 2009 Wisconsin Act 185. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.32 (1) (c) 1. c. reads:

c. If a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement.

SB285, s. 93 Section 93. 938.32 (1) (c) 1m. of the statutes, as created by 2009 Wisconsin Act 79, is amended to read:

SB285,41,15 938.32 (1) (c) 1m. If the juvenile has one or more siblings, as defined in s. 938.38 (4) (br) 1., who have also been removed from the home, the consent decree shall include a finding as to whether the county department or agency primarily responsible for providing services to the juvenile has made reasonable efforts to place the juvenile in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the court shall order the county department or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child juvenile and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings.

Note: Inserts correct word. The affected sentence contains no antecedent for "the child." The original subject of the sentence is "the juvenile." Chapter 938 relates to juveniles, whereas chapter 48 relates to children. Replacement of the term makes the provision consistent with multiple provisions created in chapter 938 by 2009 Wis. Act 79 that contain otherwise identical language.

SB285, s. 94 Section 94. 938.33 (4) (c) of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,42,11 938.33 (4) (c) Specific information showing that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile, specific information showing that the county department or the agency primarily responsible for providing services to the juvenile has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, specific information showing that the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement,.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 95 Section 95. 938.335 (3g) (c) of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,42,17 938.335 (3g) (c) That, if a permanency plan has previously been prepared for the juvenile, the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement,.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 96 Section 96. The treatment of 938.34 (14r) (a) of the statutes by 2009 Wisconsin Act 8 is not repealed by 2009 Wisconsin Act 103. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.34 (14r) (a) reads:

(a) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated ch. 961, the court may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. If a court suspends a person's operating privilege under this paragraph, the court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation the notice of suspension stating that the suspension or revocation is for a violation of ch. 961.

SB285, s. 97 Section 97. 938.355 (2) (b) 6. of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,44,3 938.355 (2) (b) 6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement,. The court shall make the findings specified in this subdivision 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 court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 98 Section 98. 938.357 (2m) (am) 1. of the statutes, as created by 2009 Wisconsin Act 94, is amended to read:

SB285,44,18 938.357 (2m) (am) 1. If the proposed change of placement would change the placement of an Indian juvenile placed in the home of his or her parent or Indian custodian under s. 938.357 938.13 (4), (6), (6m), or (7) to a placement outside that home, a request under par. (a) shall also contain specific information showing that continued custody of the Indian juvenile by the parent or Indian custodian is likely to result in serious emotional or physical damage to the juvenile under s. 938.028 (4) (d) 1., specific information showing that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful, a statement as to whether the new placement is in compliance with the order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in s. 938.028 (6) (d), for departing from that order.

Note: Corrects cross-reference consistent with s. 938.357 (2m) (am) 2. There is no s. 938.357 (6m) or (7). Section 938.13 (4), (6), (6m), or (7) relate to conditions that provide jurisdiction to a court when a juvenile is alleged to be in need of protection or services.

SB285, s. 99 Section 99. 938.365 (2) of the statutes, as affected by 2009 Wisconsin Act 94, section 371, is amended to read:

SB285,45,10 938.365 (2) Notice. No order may be extended without a hearing. The court shall provide notice of the time and place of the hearing to the juvenile or the juvenile's guardian ad litem or counsel, the juvenile's parent, guardian, and legal custodian, all of the parties present at the original hearing, the juvenile's 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. If the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the court shall also notify the Indian juvenile's Indian custodian and, if that juvenile is placed outside the home of his or her parent or Indian custodian, the Indian juvenile's tribe.

Note: 2009 Wis. Act 94, section 371, repealed and recreated s. 98.365 (2) without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79, section 143. There is no mutual inconsistency between the treatments made by the two acts, and the substantive changes made by Act 79 are made here in order to give effect to both acts.

SB285, s. 100 Section 100. 938.365 (2m) (a) 1. and 1m. of the statutes, as affected by 2009 Wisconsin Act 79, section 146, 2009 Wisconsin Act 94, section 373, and 2009 Wisconsin Act 185, section 179, are amended to read:

SB285,46,2 938.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement,. If an Indian juvenile is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the person or agency primarily responsible for providing services to the Indian juvenile shall also present as evidence specific information showing that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful.

SB285,46,12 1m. The court shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the juvenile to achieve the goal of the juvenile's permanency plan , including, if appropriate, through an out-of-state placement,. If the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the findings of fact shall also include a finding that active efforts under s. 938.028 (4) (d) 2. were made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful. An order shall be issued under s. 938.355.

Note: 2009 Wis. Act 185 deleted a comma where each underscored comma is inserted, but the reinsertion of those commas was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken commas, but they were rendered unnecessary by the treatment by Act 185.

SB285, s. 101 Section 101. 938.365 (2m) (ag) of the statutes, as affected by 2009 Wisconsin Act 94, section 378, is amended to read:

SB285,46,23 938.365 (2m) (ag) The court shall give a foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under sub. (2) an opportunity a right to be heard at the hearing by permitting the 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 or other physical custodian who receives notice of a hearing under sub. (2) and an opportunity a right 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 having the opportunity right to be heard.

Note: 2009 Wis. Act 94, section 378, repealed and recreated s. 938.365 (2m) (ag) without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79, section 151. There is no mutual inconsistency between the treatments made by the two acts, and the substantive changes made by Act 79 are made here in order to give effect to both acts.

SB285, s. 102 Section 102. The treatment of 938.38 (3) (intro.) of the statutes by 2009 Wisconsin Act 79 is not repealed by 2009 Wisconsin Act 94. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.38 (3) (intro.) reads:

(3) Time. Subject to sub. (4m) (a), the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first removed from his or her home, except under either of the following conditions:

SB285, s. 103 Section 103. 938.38 (4m) of the statutes, as affected by 2009 Wisconsin Act 79, sections 158 and 159, and 2009 Wisconsin Act 94, sections 381 and 382, is repealed and recreated to read:

SB285,47,16 938.38 (4m) Reasonable efforts not required; permanency plan determination hearing. (a) If in a proceeding under s. 938.21, 938.32, 938.355, 938.357, or 938.365 the court finds that any of the circumstances in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing. At the hearing, the court shall consider placing the juvenile in a placement outside this state if the court determines that such a placement would be in the best interests of the juvenile and appropriate to achieving the goal of the juvenile's permanency plan.

SB285,48,6 (b) 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; any foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; and, if the juvenile is an Indian juvenile who is or is alleged to be in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing.

SB285,48,21 (c) If the juvenile's permanency plan includes a statement under sub. (4) (i) indicating that the juvenile's age and developmental level are sufficient for the court to consult with the juvenile regarding the juvenile's permanency plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court to consult with the juvenile, the court determines that consultation with the juvenile would be in the best interests of the juvenile, the court shall consult with the juvenile, in an age-appropriate and developmentally appropriate manner, regarding the juvenile's permanency plan and any other matters the court finds appropriate. If none of those circumstances apply, the court may permit the juvenile's caseworker, the juvenile's counsel, or, subject to s. 938.235 (3) (a), the juvenile's guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the juvenile's wishes, goals, and concerns regarding the permanency plan and those matters. If the court permits such a written or oral statement to be made or submitted, the court may nonetheless require the juvenile to be physically present at the hearing.

SB285,49,4 (d) The court shall give a foster parent, other physical custodian described in s. 48.62 (2), operator of a facility, or relative who is notified of a hearing under par. (b) a right to be heard at the hearing by permitting the foster parent, other physical custodian, operator, or relative to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, other physical custodian, operator of a facility, or relative does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

Note: 2009 Wis. Act 79, section 158, and 2009 Wis. Act 94, section 381, create very similar, but not identical, provisions that are numbered s. 938.38 (4m). This treatment gives effect to both acts by merging the text of the two provisions and eliminating minor differences in punctuation and sentence structure. The provision created as s. 938.38 (4m) (c) in Act 94 is created as s. 938.38 (4m) (d) in Act 79, and a provision with no counterpart in Act 94 is created as s. 938.38 (4m) (c) in Act 79. The provision created as 938.38 (4m) (c) in Act 79 is recreated here as s. 938.38 (4m) (c), and the provision created as s. 938.38 (4m) (c) in Act 94 and as s. 938.38 (4m) (d) in Act 79 is recreated here as s. 938.38 (4m) (d). Act 79, section 159, and Act 94, section 382, each eliminated the phrase "treatment foster parent" in s. 938.38 (4m), as created by the respective acts, as of January 1, 2011.

SB285, s. 104 Section 104. The treatment of 938.38 (5) (b) of the statutes by 2009 Wisconsin Act 79, section 160, is not repealed by 2009 Wisconsin Act 94, section 383. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.38 (5) (b) reads:

(b) The court or the agency shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; and 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; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they shall have right to be heard at the review as provided in par. (bm) 1. 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 time, place, and purpose 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 as provided in par. (bm) 1. 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.

SB285, s. 105 Section 105 . 938.38 (5) (b) of the statutes, as affected by 2009 Wisconsin Act 94, section 384, is amended to read:

SB285,50,15 938.38 (5) (b) The court or the agency shall notify the juvenile, if he or she is 10 years of age or older; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the date, time, and place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity shall have a right 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 as provided in par. (bm) 1. 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 time, place, and purpose 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 have an opportunity to be heard at the review as provided in par. (bm) 1. 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.

Note: 2009 Wis. Act 94, section 384, repealed and recreated s. 938.38 (5) (b) without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79, section 161. There is no mutual inconsistency between the treatments made by the two acts, and the substantive changes made by Act 79 are made here in order to give effect to both acts.

SB285, s. 106 Section 106. 938.38 (5) (bm) 1. of the statutes, as affected by 2009 Wisconsin Act 79, section 163, is amended to read:

SB285,51,7 938.38 (5) (bm) 1. A juvenile, parent, guardian, legal custodian, foster parent, operator of a facility, or relative who is provided notice of the review under par. (b) shall have a right to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review or by participating at the review. A person representing the interests of the public, counsel, or guardian ad litem who is provided notice of the review under par. (b) may have an opportunity to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review. A foster parent, operator of a facility, or relative who receives notice of a hearing review under par. (b) and a right to be heard under this subdivision does not become a party to the proceeding on which the review is held solely on the basis of receiving that notice and right to be heard.

Note: 2009 Wis. Act 79 deleted "review" without showing it as stricken and inserted "hearing" without showing it as scored. No change was intended. The proceeding under s. 938.38 (5) (b) is referred to as a "review" throughout the provision.

SB285, s. 107 Section 107. 938.38 (5) (c) 7. of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,51,12 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan, including, if appropriate, through an out-of-state placement,.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 108 Section 108. The treatment of 938.38 (5) (d) of the statutes by 2009 Wisconsin Act 79 is not repealed by 2009 Wisconsin Act 94. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.38 (5) (d) reads:

(d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the juvenile's parent, guardian, and legal custodian, the person representing the interests of the public, the juvenile's counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe a copy of the permanency plan and any written comments submitted under par. (bm) 1. Notwithstanding s. 938.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the juvenile's counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

SB285, s. 109 Section 109. The treatment of 938.38 (5) (e) of the statutes by 2009 Wisconsin Act 79, section 169, is not repealed by 2009 Wisconsin Act 94, section 387. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.38 (5) (e) reads:

(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, guardian, and or legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility where the juvenile is living, or the relative with whom the juvenile is living; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe.

SB285, s. 110 Section 110 . 938.38 (5) (e) of the statutes, as affected by 2009 Wisconsin Act 94, section 388, is amended to read:

SB285,52,14 938.38 (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, guardian, or legal custodian; the juvenile's foster parent or, the operator of the facility where the juvenile is living, or the relative with whom the juvenile is living; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe.

Note: 2009 Wis. Act 94, section 388, repealed and recreated s. 938.38 (5) (e) without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79, section 170. There is no mutual inconsistency between the treatments made by the two acts, and the substantive changes made by Act 79 are made here in order to give effect to both acts.

SB285, s. 111 Section 111. The treatment of 938.38 (5m) (b) of the statutes by 2009 Wisconsin Act 79, section 171, is not repealed by 2009 Wisconsin Act 94, section 389. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.38 (5m) (b) reads:

(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; and 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 of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the juvenile's counsel and the juvenile's guardian ad litem; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par. (c) 1.

SB285, s. 112 Section 112. 938.38 (5m) (b) of the statutes, as affected by 2009 Wisconsin Act 94, section 390, is amended to read:

SB285,54,2 938.38 (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; and the juvenile's foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the juvenile's counsel and the juvenile's guardian ad litem; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the date, time, and place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par. (c) 1.

Note: 2009 Wis. Act 94, section 390, repealed and recreated s. 48.38 (5m) (b) without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79, section 172. There is no mutual inconsistency between the treatments made by the two acts, and the substantive changes made by Act 79 are made here in order to give effect to both acts.

SB285, s. 113 Section 113. The treatment of 938.38 (5m) (d) of the statutes by 2009 Wisconsin Act 79 is not repealed by 2009 Wisconsin Act 94. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.38 (5m) (d) reads:

(d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under par. (c) 1. to the court, to the juvenile's parent, guardian, and legal custodian, to the person representing the interests of the public, to the juvenile's counsel or guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), to the Indian juvenile's Indian custodian and tribe. Notwithstanding s. 938.78 (2) (a), the person representing the interests of the public, the juvenile's counsel or guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

SB285, s. 114 Section 114. 938.48 (8p) of the statutes, as affected by 2009 Wisconsin Act 233, is amended to read:

SB285,54,14 938.48 (8p) Indian juvenile placements. Reimburse Indian tribes and county departments, from the appropriation under s. 20.410 (1) (3) (kp), for unexpected or unusually high-cost out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts. In this subsection, "unusually high-cost out-of-home care placements" means the amount by which the cost to an Indian tribe or to a county department of out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts exceeds $50,000 in a fiscal year.

Note: Corrects cross-reference. Sections 20.410 (3) (kp) and 938.48 (8p) relate to Indian juvenile placements. Section 20.410 (1) (kp) relates to correctional officer training under s. 301.28.

SB285, s. 115 Section 115. 941.29 (1) (f) of the statutes is amended to read:

SB285,55,7 941.29 (1) (f) Enjoined under an injunction issued under s. 813.12 or 813.122 or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 this section and that has been filed under s. 806.247 (3).

Note: Corrects citation form.

SB285, s. 116 Section 116. The treatment of 961.50 (1) (intro.) of the statutes by 2009 Wisconsin Act 8 is not repealed by 2009 Wisconsin Act 103. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 961.50 (1) (intro.) reads:

(1) If a person is convicted of any violation of this chapter, the court may, in addition to any other penalties that may apply to the crime, suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. If a court suspends a person's operating privilege under this subsection, the court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation the record of conviction and notice of the suspension. The person is eligible for an occupational license under s. 343.10 as follows:

SB285, s. 117 Section 117. 971.17 (1g) (title) of the statutes is created to read: