AB152: Bill Text

Note: This Section specifies that in a CHIPS consent decree the juvenile court must determine that an agency is not required to make reasonable efforts to return a child safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the child.

AB152,7 Section 7. 48.355 (2) (b) 6r. of the statutes is amended to read:

AB152,10,9 48.355 (2) (b) 6r. If the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5. applies with respect to a parent, a determination that the county department, department, in a county having a population of 500,000 or more, or agency primarily responsible for providing services under the court order is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home, unless the court determines or has determined under a prior order that such efforts would be in the best interests of the child.

Note: This Section requires the juvenile court to include in a CHIPS dispositional order a determination that an agency is not required to make reasonable efforts to return a child safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the child.

AB152,8 Section 8. 48.355 (2d) (b) (intro.) of the statutes is amended to read:

AB152,11,2 48.355 (2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the The court is not required to shall include in a dispositional order a finding as to whether determination that the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under a court order has made is not required to make reasonable efforts with respect to a parent of a child to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, or a finding as to whether the county department, department, or agency has made reasonable efforts with respect to a parent of a child or to achieve the permanency goal of returning the child safely to his or her home, unless the court determines or has determined under a prior order that such efforts would be in the best interests of the child, if the court finds any of the following:

Note: This Section requires the juvenile court to include in a CHIPS dispositional order a determination that an agency is not required to make reasonable efforts to prevent a child's removal or return a child safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the child.

AB152,9 Section 9 . 48.355 (2d) (c) of the statutes is renumbered 48.355 (2d) (c) (intro.) and amended to read:

AB152,11,6 48.355 (2d) (c) If the court finds that any of the circumstances specified in par. (b) 1. to 5. applies with respect to a parent, the court shall hold do all of the following:

AB152,11,9 2. Hold a hearing under s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency goal and, if applicable, any concurrent permanency goals for the child.

AB152,10 Section 10 . 48.355 (2d) (c) 1. of the statutes is created to read:

AB152,11,15 48.355 (2d) (c) 1. Include in the order a determination that the person or agency primarily responsible for providing services to the child is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home, unless the court determines that such efforts would be in the best interests of the child.

Note: Sections 9 and 10 require the juvenile court to include in a CHIPS dispositional order a determination that an agency is not required to make reasonable efforts to return a child safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the child.

AB152,11 Section 11. 48.357 (2v) (a) 3. of the statutes is amended to read:

AB152,12,3 48.357 (2v) (a) 3. If the court finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, a determination that the agency primarily responsible for providing services under the change in placement order is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home , unless the court determines or has determined under a prior order that such efforts would be in the best interests of the child.

Note: This Section specifies that in a CHIPS change-in-placement order the juvenile court must determine that an agency is not required to make reasonable efforts to return a child safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the child.

AB152,12 Section 12. 48.365 (2m) (a) 2. of the statutes is amended to read:

AB152,12,11 48.365 (2m) (a) 2. If the judge finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the child is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home , unless the judge determines or has determined under a prior order that such efforts would be in the best interests of the child.

Note: This Section specifies that in a CHIPS extension order, the juvenile court must determine that an agency is not required to make reasonable efforts to return a child safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the child.

AB152,13 Section 13. 48.415 (2) (a) 2. b. of the statutes is amended to read:

AB152,12,19 48.415 (2) (a) 2. b. That the agency responsible for the care of the child and the family or of the unborn child and expectant mother has made a reasonable effort to provide the services ordered by the court, excluding any period during which the responsible agency was not required under s. 48.355 (2) (b) 6r., 48.357 (2v) (a) 3., 48.365 (2m) (a) 2., 938.355 (2) (b) 6r., 938.357 (2v) (a) 3., or 938.365 (2m) (a) 2. to make reasonable efforts with respect to a parent to make it possible for the child to return safely to his or her home.

Note: This Section specifies that, for the TPR ground of continuing CHIPS, the requirement that reasonable efforts have been made to provide the services ordered by the juvenile court does not apply to any period when reasonable efforts for reunification were not required by the juvenile court.

AB152,14 Section 14. 48.415 (2) (a) 3. of the statutes is amended to read:

AB152,13,13 48.415 (2) (a) 3. That the child has been outside the home for a cumulative total period of 6 months or longer pursuant to such orders not including time spent outside the home as an unborn child; and that the parent has failed to meet the conditions established for the safe return of the child to the home and there is a substantial likelihood that the parent will not meet these conditions within the 9-month period following the fact-finding hearing under s. 48.424; and, if the child has been placed outside of his or her home for less than 15 of the last 22 months, that there is a substantial likelihood that the parent will not meet these conditions as of the date on which the child will have been placed outside of his or her home pursuant to such orders for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home.

Note: This Section revises the continuing CHIPS ground for involuntary TPR to eliminate the requirement to show that a parent is substantially likely to not meet the conditions for the safe return of the child within the next nine months following the fact-finding hearing. If, however, the child has been placed outside the home for less than 15 of the last 22 months, the petitioner must show that there is a substantial likelihood that the parent will not meet the conditions at the time the child will reach the 15th of the last 22 months of placement outside the home.

AB152,15 Section 15. 48.415 (3) (a) of the statutes is amended to read:

AB152,14,2 48.415 (3) (a) The parent is presently, and for a cumulative total period of at least 2 years 15 months within the 5 years 22 months immediately prior to the filing of the petition has been, an inpatient at one or more hospitals, as defined in s. 50.33 (2) (a), (b) or (c), licensed approved treatment facilities as defined in s. 51.01 (2), or state treatment facilities, as defined in s. 51.01 (15), on account of mental illness, as defined in s. 51.01 (13) (a) or (b), developmental disability , as defined in s. 55.01 (2), or other like incapacities, as defined in s. 55.01 (5);

Note: This Section revises the TPR ground of a continuing parental disability to require a parent to have had inpatient treatment history for at least 15 of the last 22 months prior to the filing of the TPR petition, rather than an inpatient treatment history for at least two of the last five years. This Section also corrects the terminology for an "approved treatment facility," as defined in the statutes.

AB152,16 Section 16. 48.415 (5) (a) of the statutes is amended to read:

AB152,14,7 48.415 (5) (a) That the parent has caused death or injury to a child or children resulting in a, which may be proved by a final judgment of felony conviction or other evidence produced at a fact-finding hearing under s. 48.424 indicating that the person caused the death or injury.

Note: This Section revises the TPR ground of a pattern of child abuse to allow evidence of the criminal conduct itself to be proven, as an alternative to allowing proof by a final judgment of conviction.

AB152,17 Section 17. 48.415 (8) of the statutes is amended to read:

AB152,15,2 48.415 (8) Homicide or solicitation to commit homicide of parent. Homicide or solicitation to commit homicide of a parent, which shall be established by proving that a parent of the child has been a victim of first-degree intentional homicide in violation of s. 940.01, first-degree reckless homicide in violation of s. 940.02, or 2nd-degree intentional homicide in violation of s. 940.05 or a crime under federal law or the law of any other state that is comparable to any of those crimes, or has been the intended victim of a solicitation to commit first-degree intentional homicide in violation of s. 939.30 or a crime under federal law or the law of any other state that is comparable to that crime, and that the person whose parental rights are sought to be terminated has been convicted of committed that intentional or reckless homicide, or solicitation or comparable crime under federal law or the law of any other state as evidenced by a final judgment of conviction or other evidence produced at a fact-finding hearing under s. 48.424 indicating that the person committed or solicited homicide of a parent as described in this subsection.

Note: This Section revises the TPR ground of homicide, or a solicitation to commit homicide, of the child's other parent to allow evidence of the criminal conduct itself to be proven, as an alternative to allowing proof by a final judgment of conviction.

AB152,18 Section 18. 48.415 (9) (a) of the statutes is amended to read:

AB152,15,12 48.415 (9) (a) Parenthood Except as provided in par. (c), parenthood as a result of sexual assault, which shall be established by proving that the child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) , or (3), 948.02 (1) or (2), 948.025, or 948.085. Conception as a result of sexual assault as specified in this paragraph may be proved by a final judgment of conviction or other evidence produced at a fact-finding hearing under s. 48.424 indicating that the person who may be the father parent of the child committed, during a possible time of conception, a sexual assault as specified in this paragraph against the mother other parent of the child.

Note: This Section revises the TPR ground of conception as a result of sexual assault to apply that ground equally to a mother, as well as a father, who commits a sexual assault leading to the conception of a child, rather than referring only to the father as the person who committed the sexual assault.

AB152,19 Section 19. 48.415 (9) (b) of the statutes is amended to read:

AB152,15,18 48.415 (9) (b) If the conviction or other evidence specified in par. (a) indicates that the child was conceived as a result of a sexual assault in violation of s. 948.02 (1) or (2) or 948.085, the mother of the child parent who was the victim of the sexual assault may be heard on his or her desire for the termination of the father's other person's parental rights.

Note: This Section specifies that a juvenile court must allow either a mother or father who was a victim of sexual assault of a minor, or a victim of sexual assault of a minor by an out-of-home care provider, to be heard on his or her desires regarding the TPR of the other parent, rather than allowing only a mother, as a victim, to be heard.

AB152,20 Section 20. 48.415 (9) (c) of the statutes is created to read:

AB152,16,5 48.415 (9) (c) This subsection does not apply to a parent who committed sexual assault under s. 948.02 (1) (b) or (e) or (2) or 948.09, if that person was under 18 years of age at the time of the sexual assault and was not more than 4 years older or not more than 4 years younger than the victim and if the assault did not involve the use or threat of force or violence.

Note: This Section specifies that the TPR ground of conception as a result of sexual assault is inapplicable to a person who committed a nonviolent sexual assault of a minor, if the person was also a minor at the time of the assault and the age difference between the person and the victim is four years or less.

AB152,21 Section 21. 48.415 (9m) (a) of the statutes is amended to read:

AB152,16,13 48.415 (9m) (a) Commission of a serious felony against one of the person's children, which shall be established by proving that a child of the person whose parental rights are sought to be terminated was the victim of a serious felony and that the person whose parental rights are sought to be terminated has been convicted of committed that serious felony as evidenced by a final judgment of conviction or other evidence produced at a fact-finding hearing under s. 48.424 indicating that the person committed a serious felony against one of the person's children.

Note: This Section revises the TPR ground of felony against a child to allow evidence of the criminal conduct itself to be proven, as an alternative to allowing proof by a final judgment of conviction.

AB152,22 Section 22. 48.415 (10) (a) of the statutes is amended to read:

AB152,16,18 48.415 (10) (a) That the child who is the subject of the petition has been adjudged to be in need of protection or services under s. 48.13 (2), (3) or, (10), or (14); or that the child who is the subject of the petition was born after the filing of a petition under this subsection whose subject is a sibling of the child.

Note: This Section allows a TPR petition to be filed if the parent's child was found to be in need of protection or services based on the new CHIPS ground created under Section 1.

AB152,23 Section 23. 48.42 (2) (b) 3. of the statutes is amended to read:

AB152,17,2 48.42 (2) (b) 3. A person who has lived in established and maintained a familial relationship with the child and who may be the father of the child.

Note: This Section specifies that in order for an alleged father to be summoned for a TPR proceeding, one method of protecting that right is by having established and maintained a familial relationship with the child, even if the alleged father has not lived with the child.

AB152,24 Section 24. 48.42 (2m) (a) of the statutes is amended to read:

AB152,17,20 48.42 (2m) (a) Parent as a result of sexual assault. Except as provided in this paragraph, notice is not required to be given to a person who may be the father of a child conceived as a result of if a sexual assault of the child's mother in violation of s. 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, or 948.085 if a physician attests to his or her belief that a sexual assault as specified in this paragraph has occurred or if the person who may be the father of the child has been convicted of sexual assault as specified in this paragraph for conduct which may have led to the child's conception that may have resulted in the child's conception is proved by a final judgment of conviction or other evidence. A person who under this paragraph is not given notice does not have standing to appear and contest a petition for the termination of his parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations. This paragraph does not apply to a person who may be the father of a child conceived as a result of a sexual assault in violation of under s. 948.02 (1) (b) or (e) or (2) or 948.09, if that person was under 18 years of age at the time of the sexual assault and was not more than 4 years older or not more than 4 years younger than the victim and if the assault did not involve the use or threat of force or violence.

Note: This Section removes the requirement that a physician attest to a belief that there was a sexual assault from the exception from providing notice of a TPR proceeding to a person who may be the father of the child, and instead requires proof by a final judgment of conviction or other evidence. This Section, however, requires notice of a TPR proceeding to be given to a father who was under 18 years of age at the time of a nonviolent sexual assault of a minor, if the age difference between the father and the victim is four years or less.

AB152,25 Section 25. 48.423 (1) of the statutes is amended to read:

AB152,18,12 48.423 (1) Rights to paternity determination. If a person appears at the hearing and claims that he is the father of the child, the court shall set a date for a hearing on the issue of paternity or, if all parties agree, the court may immediately commence hearing testimony concerning the issue of paternity. The court shall inform the person claiming to be the father of the child of any right to counsel under s. 48.23. The person claiming to be the father of the child must prove paternity by clear and convincing evidence. A person who establishes his paternity of the child under this section may further participate in the termination of parental rights proceeding only if the person meets the conditions specified in sub. (2) or, meets a condition specified in s. 48.42 (2) (b) 1. or 3. or (bm), or establishes that he has been deprived of the opportunity to assume parental responsibility for the child.

Note: This Section removes the right of a man alleged to be the father of a child, who has not filed a declaration of parental interest or established and maintained a familial relationship with the child, to further participate in a TPR proceeding after his paternity has been determined, unless he establishes that he has been deprived of the opportunity to assume parental responsibility for the child.

AB152,26 Section 26. 48.427 (7) of the statutes is amended to read:

AB152,18,19 48.427 (7) (a) If an order is entered under sub. (3), the court may orally inform the parent or parents who appear in court of the ground for termination of parental rights specified in s. 48.415 (10), except that the court shall orally inform the parent or parents of the ground for termination of parental rights specified in s. 48.415 (10) (a) to a child who has been adjudged to be in need of protection or services under s. 48.13 (14).

AB152,19,3 (b) In addition to the notice permitted under par. (a), any written order under sub. (3) may notify the parent or parents of the information specified in par. (a), except that the court shall provide written notification to the parent or parents of the ground for termination of parental rights specified in s. 48.415 (10) (a) to a child who has been adjudged to be in need of protection or services under s. 48.13 (14).

Note: This Section requires the juvenile court, when entering a TPR order, to provide oral and written notification to the parent or parents of the fact that this TPR order may be used to terminate their parental rights to another child, if the child is born within three years after the date of the TPR and the child is found to be in need of protection or services under the new CHIPS ground created under Section 1 of the bill.

AB152,27 Section 27. 48.46 (1), (1m) and (2) of the statutes are amended to read:

AB152,19,13 48.46 (1) Except as provided in subs. (1m), (2), and (3), the child whose status is adjudicated by the court, the parent, guardian, or legal custodian of that child, the unborn child whose status is adjudicated by the court, or the expectant mother of that unborn child may, at any time within one year after the entering entry of the court's order, petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. Notwithstanding s. 802.05 (1), a petition by a parent under this subsection shall be signed by the parent and by the parent's attorney of record, if any.

AB152,20,6 (1m) Except as provided in sub. (2), the parent, guardian, or legal custodian of the child or the child whose status is adjudicated by the court in an order entered under s. 48.43 or an order adjudicating paternity under subch. VIII may, within the time permitted under this subsection, petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. A petition under this subsection shall be filed within one year after the date on which the order under s. 48.43 or order adjudicating paternity under subch. VIII is entered, unless within that one-year period a court in this state or in another jurisdiction enters an order granting adoption of the child, in which case a petition under this subsection shall be filed before the date on which the order granting adoption is entered or within 30 days after the date on which the order under s. 48.43 or order adjudicating paternity under subch. VIII is entered, whichever is later. Notwithstanding s. 802.05 (1), a petition by a parent under this subsection shall be signed by the parent and by the parent's attorney of record, if any.

AB152,20,22 (2) A parent who has consented to the termination of his or her parental rights under s. 48.41 or who did not contest the petition initiating the proceeding in which his or her parental rights were terminated may move the court for relief from the judgment on any of the grounds specified in s. 806.07 (1) (a), (b), (c), (d), or (f). Notwithstanding s. 802.05 (1), a motion by a parent under this subsection shall be signed by the parent and by the parent's attorney of record, if any. Any such motion shall be filed within 30 days after the entry of the judgment or order terminating parental rights, unless the parent files a timely notice of intent to pursue relief from the judgment under s. 808.04 (7m), in which case the motion shall be filed within the time permitted by s. 809.107 (5). A motion under this subsection does not affect the finality or suspend the operation of the judgment or order terminating parental rights. A parent who has consented to the termination of his or her parental rights to an Indian child under s. 48.41 (2) (e) may also move for relief from the judgment under s. 48.028 (5) (c) or (6). Motions under this subsection or s. 48.028 (5) (c) or (6) and appeals to the court of appeals shall be the exclusive remedies for such a parent to obtain a new hearing in a termination of parental rights proceeding.

Note: This Section requires a parent to sign a petition for rehearing or motion for postdisposition relief from a CHIPS adjudication, paternity adjudication, or TPR order, whether or not the parent is represented, and retains the requirement under current law that the parent's attorney sign the petition or motion if the parent is represented.

AB152,28 Section 28 . 48.977 (2) (a) of the statutes is amended to read:

AB152,21,7 48.977 (2) (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or (11m), or (14) or 938.13 (4) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 48.33 (1) or 938.33 (1).

AB152,29 Section 29 . 48.977 (4) (b) 3. of the statutes is amended to read:

AB152,21,16 48.977 (4) (b) 3. The date on which the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or (11m), or (14) or 938.13 (4) and the dates on which the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or, if the child has been so adjudged, but not so placed, the date of the report under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person is recommended.

Note: Sections 28 and 29 allow the juvenile court to appoint a guardian for a child in need of protection or services based on the new ground created under Section 1 .

AB152,30 Section 30. 809.10 (1) (b) 7. of the statutes is created to read:

AB152,21,20 809.10 (1) (b) 7. Notwithstanding s. 802.05 (1), if the appellant is a parent appealing an order or judgment under s. 48.43, the parent's signature, and the parent's attorney of record's signature, if the parent is represented.

Note: This Section requires a parent to sign a notice of appeal from a TPR order, whether or not the parent is represented, and retains the requirement under current law that the parent's attorney sign the notice if the parent is represented.

AB152,31 Section 31. 809.107 (2) (bm) 6. of the statutes is created to read:

AB152,22,3 809.107 (2) (bm) 6. Notwithstanding s. 802.05 (1), if the appellant is the parent, the parent's signature, and the parent's attorney of record's signature, if the parent is represented.

Note: This Section requires a parent to sign a notice of intent to appeal a TPR order, whether or not the parent is represented, and retains the requirement under current law that the parent's attorney sign the notice if the parent is represented.

AB152,32 Section 32. 938.21 (5) (b) 3. of the statutes is amended to read:

AB152,22,11 938.21 (5) (b) 3. If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, a determination that the county department or agency primarily responsible for providing services under the custody order is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home, unless the court determines or has determined under a prior order that such efforts would be in the best interests of the juvenile.

Note: This Section specifies that at a TPC hearing for a juvenile alleged to be in need of protection or services, a court must determine that an agency is not required to make reasonable efforts to return a juvenile safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the juvenile.

AB152,33 Section 33. 938.32 (1) (c) 2. of the statutes is amended to read:

AB152,22,19 938.32 (1) (c) 2. If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the consent decree shall include a determination that the county department or agency primarily responsible for providing services under the consent decree is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home, unless the court determines or has determined under a prior order that such efforts would be in the best interests of the juvenile.

Note: This Section specifies that in a consent decree for a juvenile alleged to be in need of protection or services (JIPS) the juvenile court must determine that an agency is not required make reasonable efforts to return a juvenile safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the juvenile.

AB152,34 Section 34. 938.355 (2) (b) 6r. of the statutes is amended to read:

AB152,23,8 938.355 (2) (b) 6r. If the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies with respect to a parent, a determination that the county department or agency primarily responsible for providing services under the court order is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home, unless the court determines or has determined under a prior order that such efforts would be in the best interests of the juvenile.

Note: This Section requires the juvenile court to include in a JIPS dispositional order a determination that an agency is not required to make reasonable efforts to return a juvenile safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the juvenile.

AB152,35 Section 35. 938.355 (2d) (b) (intro.) of the statutes is amended to read:

AB152,23,20 938.355 (2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the The court is not required to shall include in a dispositional order a finding as to whether determination that the county department or the agency primarily responsible for providing services under a court order has made is not required to make reasonable efforts with respect to a parent of a juvenile to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, or, if applicable, a finding as to whether the county department or agency has made reasonable efforts with respect to a parent of a juvenile or to achieve the permanency goal of returning the juvenile safely to his or her home, unless the court determines or has determined under a prior order that such efforts would be in the best interests of the juvenile, if the court finds any of the following: