(e) Contents of order. If the court changes a juvenile's placement from a placement outside the home to another placement outside the home, the change-in-placement order shall contain the applicable order under sub. (2v) (a), the applicable statement under sub. (2v) (b), and the finding under sub. (2v) (c).
(2) Emergency change in placement. If emergency conditions necessitate an immediate change in the placement of a juvenile placed outside the home under a temporary physical custody order under s. 938.21 (4), the intake worker or agency primarily responsible for providing services under the temporary physical custody order may remove the juvenile to a new placement, whether or not authorized by the existing order, without the prior notice under sub. (1) (b). Notice of the emergency change in placement shall be sent to the persons specified in sub. (1) (b) 1. within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1) (c). In emergency situations, a juvenile may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days or in any other placement authorized under s. 938.207, 938.208, or 938.209.
(2m) Request by others. (a)
Request; information required. 1. Except as provided in subd. 2., the juvenile, the juvenile's counsel or guardian ad litem, or the parent, guardian, legal custodian, or Indian custodian of the juvenile may request a change in the placement of the juvenile who is the subject of the order as provided in this subsection. The request shall contain the name and address of the new placement requested and shall state what new information is available that affects the advisability of the current placement. The request shall be submitted to the court. The court may also propose a change in placement on its own motion.
2. A change in the placement of a juvenile from a placement in the home to a placement outside the home may only be made as provided in s. 938.21 (6).
(b) Hearing; when required. 1. The court shall hold a hearing prior to ordering any change in placement requested or proposed under par. (a) if the request or proposal states that new information is available that affects the advisability of the current placement. A hearing is not required if written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under subd. 2. and the court approves.
2. If a hearing is scheduled, at least 3 days before the hearing the court shall notify the juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian, and legal custodian or Indian custodian of the juvenile, the agency primarily responsible for providing services under the temporary physical custody order, the district attorney or corporation counsel, and any foster parent or other physical custodian described in s. 48.62 (2) of the juvenile. A copy of the request or proposal for the change in placement shall be attached to the notice. If all parties consent, the court may proceed immediately with the hearing.
(c) Contents of order. If the court changes the juveniles placement from a placement outside the home to another placement outside the home, the change-in-placement order shall contain the applicable order under sub. (2v) (a), the applicable statement under sub. (2v) (b), and the finding under sub. (2v) (c).
(2r) Removal from foster home or other physical custodian. If a hearing is held under sub. (1) (c) or (2m) (b) and the change in placement would remove a juvenile from a foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent or other physical custodian 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 relating to the juvenile and the requested change in placement. A foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (c) or (2m) (b) and a right to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.
(2v) Change-in-placement order. A change-in-placement order under sub. (1) or (2m) shall contain all of the following:
(a) If the change-in-placement order changes the placement of a juvenile who is under the supervision of the county department to a placement outside the home, an order ordering the juvenile to be continued in the placement and care responsibility of the county department as required under
42 USC 672 (a) (2) and assigning the county department continued primary responsibility for providing services to the juvenile.
(b) If the change-in-placement order changes the placement of the juvenile to a placement outside the home recommended by the agency primarily responsible for providing services under the temporary physical custody order, a statement that the court approves the placement recommended by that agency or, if the change-in-placement order changes the placement of the juvenile to a placement outside the home that is not a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by that agency and all parties relating to the juvenile's placement.
(c) If the change-in-placement order changes the placement of the juvenile to a placement outside the home and if the juvenile has one or more siblings, as defined in s. 938.38 (4) (br) 1., who have been placed outside the home or for whom a change in placement to a placement outside the home is requested, a finding as to whether the intake worker, the county department, or the agency primarily responsible for providing services under the temporary physical custody order 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 intake worker, county department, or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the 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.
(3) Prohibited placement based on homicide of parent. (a) Prohibition. Except as provided in par. (c), the court may not change a juvenile's placement to a placement in the home of a person who has been convicted of the homicide of a parent of the juvenile under s. 940.01 or 940.05, if the conviction has not been reversed, set aside, or vacated.
(b) Change in placement required. Except as provided in par. (c), if a parent in whose home a juvenile is placed is convicted of the homicide of the juvenile's other parent under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated, the court shall change the juvenile's placement to a placement outside the home of the parent on petition of the juvenile, the juvenile's counsel or guardian ad litem, the guardian or legal custodian of the juvenile, the agency primarily responsible for providing services under the temporary physical custody order, or the district attorney or corporation counsel of the county in which that order was entered, or on the court's own motion, and on notice to the parent.
(c) Exception. Paragraphs (a) and (b) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.
(5) Effective period of order. A change-in-placement order under this section remains in effect until a dispositional order is granted or a consent decree is entered into, the petition under s. 938.25 is withdrawn or dismissed, or the order is modified or terminated by further order of the court.
373,116
Section
116. 938.235 (1) (e) of the statutes is amended to read:
938.235 (1) (e) The court shall appoint a guardian ad litem, or extend the appointment of a guardian ad litem previously appointed under par. (a), for any juvenile alleged or found to be in need of protection or services, if the court has ordered, or if a request or recommendation has been made that the court order, the juvenile to be placed out of his or her home under s. 938.32, 938.345, or 938.357. This paragraph does not apply to a juvenile who is subject to a dispositional order that terminates as provided in s. 938.355 (4) (am) 4., 938.357 (6) (a) 4., or 938.365 (5) (b) 4.
373,117
Section
117. 938.255 (1) (cg) of the statutes is created to read:
938.255 (1) (cg) If the petition is initiating proceedings under s. 938.13 (4), (6), (6m), or (7), the information required under s. 822.29 (1).
373,118
Section
118. 938.299 (6) (e) 5. of the statutes is amended to read:
938.299 (6) (e) 5. A determination by the court under subd. 4. is not a determination of paternity under s. 938.355 (4g) (a), a judgment of paternity under ch. 767, or an adjudication of paternity under subch. VIII of ch. 48.
938.30 (6) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 (9) and the manner of its application established by the department of corrections under s. 301.12 (14) (g) and listing the factors that a court may consider under s. 301.12 (14) (c).
938.31 (7) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide the statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 (9) and the manner of its application established by the department of corrections under s. 301.12 (14) (g) and listing the factors that a court may consider under s. 301.12 (14) (c).
373,121
Section
121. 938.315 (2m) (a) of the statutes is amended to read:
938.315 (2m) (a) The court making an initial finding under s. 938.21 (5) (b) 1. or 1m., 938.32 (1) (c) 1., 938.355 (2) (b) 6., or 938.357 (2v) (a) 1. that reasonable efforts have been made to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, or an initial finding under s. 938.21 (5) (b) 3., 938.32 (1) (c) 2., 938.355 (2) (b) 6r., or 938.357 (2v) (a) 3. that those efforts were not required to be made because a circumstance specified in s. 938.355 (2d) (b) 1. to 4. applies, more than 60 days after the date on which the juvenile was removed from the home.
373,122
Section
122. 938.32 (1) (bm) of the statutes is created to read:
938.32 (1) (bm) Using the procedures specified in par. (a) for the entry of an original consent decree, the parties to a consent decree may agree to, and the court may enter, an amended consent decree. An amended consent decree may change the placement of the juvenile who is the subject of the original consent decree or revise any other term or condition of the original consent decree. An amended consent decree that changes the placement of a juvenile from a placement in the juvenile's home to a placement outside the juvenile's home shall include the findings, orders, and determinations specified in par. (c), as applicable. An amended consent decree that changes the placement of an Indian juvenile from a placement in the Indian juvenile's home to a placement outside the Indian juvenile's home shall include the findings specified in par. (e). An amended consent decree may not extend the expiration date of the original consent decree.
373,123
Section
123. 938.32 (1) (c) 1. (intro.) of the statutes is amended to read:
938.32 (1) (c) 1. (intro.) If at the time the consent decree is entered into the juvenile is placed outside the home under a voluntary agreement under s. 48.63 or is otherwise living outside the home without a court order and if the consent decree maintains the juvenile in that placement or other living arrangement, or if an amended consent decree changes the placement of the juvenile from a placement in the juvenile's home to a placement outside the juvenile's home, the consent decree shall include all of the following:
373,124
Section
124. 938.32 (1) (e) 1. of the statutes is amended to read:
938.32
(1) (e) 1. In the case of an Indian juvenile who is the subject of a proceeding under s. 938.13 (4), (6), (6m), or (7), if at the time the consent decree is entered into the Indian juvenile is placed outside the home of his or her parent or Indian custodian under a voluntary agreement under s. 48.63 or is otherwise living outside that home without a court order and if the consent decree maintains the Indian juvenile in that placement or other living arrangement,
or if an amended consent decree changes the placement of the Indian juvenile from a placement in the Indian juvenile's home to a placement outside the Indian juvenile's home, the consent decree shall include a finding supported by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, 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 child under s. 938.028 (4) (d) 1. and a finding 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. The findings under this subdivision shall be in addition to the findings under par. (c) 1., except that for the sole purpose of determining whether the cost of providing care for an Indian juvenile is eligible for reimbursement under
42 USC 670 to
679b, the findings under this subdivision and the findings under par. (c) 1. shall be considered to be the same findings.
373,125
Section
125. 938.355 (2e) (b) of the statutes is amended to read:
938.355 (2e) (b) Each time a juvenile's placement is changed under s. 938.32 or 938.357, a trial reunification is ordered under s. 938.358, a consent decree is revised under s. 938.32, or a dispositional order is revised under s. 938.363 or extended under s. 938.365, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed shall be made a part of the court order.
373,126
Section
126. 938.355 (4g) of the statutes is created to read:
938.355 (4g) Termination of orders; case closure orders. (a) On request of a person authorized to file a petition under par. (b) or on its own motion and on a finding that granting the request or motion would be in the best interests of the juvenile, the court may terminate an order under this section or s. 938.357 or 938.365 before the juvenile attains 18 years of age and grant an order determining paternity of the juvenile, legal custody of the juvenile, periods of physical placement with the juvenile, visitation rights with respect to the juvenile, or the obligation of the juvenile's parents to provide support for the juvenile and the responsibility of the juvenile's parents to provide coverage of the juvenile's health care expenses if any of the following apply:
1. The juvenile's parents are parties to a pending action for divorce, annulment, or legal separation, a man determined under s. 938.299 (6) (e) 4. to be the biological father of the juvenile for purposes of a proceeding under this chapter is a party to a pending action to determine paternity of the juvenile under ch. 767, or the juvenile is the subject of a pending independent action under s. 767.41 or 767.43 to determine legal custody of the juvenile or visitation rights with respect to the juvenile.
2. The juvenile is the subject of an order that has been granted in an action affecting the family determining legal custody of the juvenile, periods of physical placement with the juvenile, visitation rights with respect to the juvenile, or the obligation of the juvenile's parents to provide support for the juvenile and the responsibility of the juvenile's parents to provide coverage of the juvenile's health care expenses.
(b) The juvenile or his or her counsel or guardian ad litem, the juvenile's parent, guardian, legal custodian, or Indian custodian, the person or agency responsible for implementing the dispositional order, or the district attorney or corporation counsel may file a petition with the court requesting an order under par. (a) or the court, on its own motion, may propose such an order.
(c) The court shall hold a hearing before granting an order requested or proposed under par. (b). At least 5 days before the hearing, the court shall cause notice of the hearing, together with a copy of the request or proposal, to be provided to the juvenile, the juvenile's counsel or guardian ad litem, the juvenile's parent, guardian, and legal custodian, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, and, if the juvenile is an Indian juvenile, the juvenile's Indian custodian and tribe.
(d) In considering whether to grant a request or proposal for an order under par. (a), the court shall proceed as follows:
1. If the request or proposal is for an order determining paternity of the juvenile, the court shall determine paternity in the same manner as paternity is determined under subch. IX of ch. 767.
2. If the request or proposal is for an order determining legal custody of the juvenile and periods of physical placement with the juvenile, the court shall determine legal custody and periods of physical placement in the same manner as legal custody and periods of physical placement are determined under ss. 767.41 and 767.481 and, if the juvenile is the subject of a preexisting order that has been entered in an action affecting the family determining legal custody of the juvenile or periods of physical placement with the juvenile, in the same manner as legal custody and periods of physical placement are determined under ss. 767.451 and 767.461, except that the court is not required to refer the parties for mediation under s. 767.405 (5) or refer the matter for a legal custody and physical placement study under s. 767.405 (14), the parties are not required to file a parenting plan under s. 767.41 (1m), and the court may not transfer legal custody of the juvenile to a relative or an agency under s. 767.41 (3).
3. If the request or proposal is for an order determining visitation rights with respect to the juvenile, the court shall determine those rights in the same manner as visitation rights are determined under ss. 767.43 and 767.44.
4. If the request or proposal is for an order determining the obligation of the juvenile's parents to provide support for the juvenile and the responsibility of the juvenile's parents to provide coverage of the juvenile's health care expenses, the court shall determine that obligation and responsibility in the same manner as that obligation and responsibility are determined under ss. 767.511, 767.513, 767.54, 767.55, 767.57, and 767.58.
(e) An order under par. (a) may modify a preexisting order of a court exercising jurisdiction in an action affecting the family and shall remain in effect until modified or terminated by a court exercising that jurisdiction.
(f) If at the time an order under par. (a) is granted an action described in par. (a) 1. is pending or if at that time the juvenile is the subject of a preexisting order described in par. (a) 2., the court that granted the order under par. (a) shall file a copy of the order with the court that is exercising jurisdiction in that pending action or that entered that preexisting order. On receipt of the copy of that order, the court that is exercising jurisdiction over the pending action or that granted the preexisting order shall provide a copy of that order to all parties to that pending action or to all parties that are bound by that preexisting order. The order shall become a part of the record of that pending action or the action in which the preexisting order was granted.
(g) 1. A person who is granted legal custody and periods of physical placement with a juvenile under an order under par. (a) may seek enforcement of the order by filing a motion under s. 767.471 (3) with the court in which the order was filed under par. (f), and that court shall enforce the order in the same manner as legal custody and physical placement orders are enforced under s. 767.471.
2. A party to a proceeding under this subsection in which legal custody and periods of physical placement with a juvenile are determined under an order under par. (a) may seek a modification of the order by filing a petition, motion, order to show cause, or stipulation with the court in which the order was filed under par. (f), and that court may modify the order in the same manner as legal custody and physical placement orders are modified under ss. 767.451, 767.461, and 767.481.
(h) 1. A person who is granted visitation rights with respect to a juvenile under an order under par. (a) may seek enforcement of the order by filing a motion for contempt of court under s. 767.43 (5) with the court in which the order was filed under par. (f), and that court shall enforce the order in the same manner as visitation orders are enforced under s. 767.43 (5).
2. A party to a proceeding under this subsection in which visitation rights with respect to a juvenile are determined under an order under par. (a) may seek a modification of the order by filing a petition, motion, or order to show cause with the court in which the order was filed under par. (f), and that court may modify the order in the same manner as visitation orders are modified under s. 767.43 (1), (3), or (6), whichever is applicable.
(i) 1. A party to a proceeding under this subsection in which the obligation to provide support for a juvenile and the responsibility to provide health care coverage for a juvenile are determined under an order under par. (a) who is authorized to commence an action to compel child support under s. 767.501 may seek enforcement of the order by filing an action to compel support under s. 767.501 with the court in which the order was filed under par. (f), and that court shall enforce the order in the same manner as child support and health care coverage orders are enforced under ss. 767.511, 767.513, 767.54, 767.55, 767.57, 767.58, and 767.70 to 767.78.
2. A party to a proceeding under this subsection in which the obligation to provide support for a juvenile and the responsibility to provide health care coverage for a juvenile are determined under an order under par. (a) may seek a modification of the order by filing a petition, motion, or order to show cause with the court in which the order was filed under par. (f), and that court may modify the order in the same manner as child support and health care coverage orders are modified under ss. 767.553 and 767.59.
373,127
Section
127. 938.357 (title) of the statutes is amended to read:
938.357 (title) Change in placement
; juvenile subject to dispositional order.
373,128
Section
128. 938.357 (1) (title) of the statutes is amended to read:
938.357 (1) (title) Request by person or agency responsible for dispositional order or district attorney prosecutor.
373,129
Section
129. 938.357 (1) (a) of the statutes is amended to read:
938.357 (1) (a) Applicable procedures. The person or agency primarily responsible for implementing the dispositional order or, the district attorney, or the corporation counsel may request a change in the placement of the juvenile who is the subject of the dispositional order, whether or not the change requested is authorized in the dispositional order, as provided in par. (am) or (c), whichever is applicable.
373,130
Section
130. 938.357 (1) (am) (title) of the statutes is amended to read:
938.357 (1) (am) (title) From out-of-home Changes in placement generally.
373,131
Section
131. 938.357 (1) (am) 1. of the statutes is amended to read:
938.357 (1) (am) 1. If the proposed change in placement involves any change in placement other than a change in placement under Except as provided in par. (c), the person or agency primarily responsible for implementing the dispositional order or, the district attorney shall cause, or the corporation counsel may request a change in placement under this subsection by causing written notice of the proposed change in placement to be sent to the juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian, and legal custodian of the juvenile, and any foster parent or other physical custodian described in s. 48.62 (2) of the juvenile. If the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall also be sent to the Indian juvenile's Indian custodian and tribe. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan or permanency plan ordered by the court. The person sending the notice shall file the notice with the court on the same day that the notice is sent.
373,132
Section
132. 938.357 (1) (am) 2. of the statutes is amended to read:
938.357 (1) (am) 2. Except as provided in subd. 2r., any person receiving the notice under subd. 1. or notice of a specific placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice
. is sent to that person and filed with the court. Except as provided in subds. 2m. and 2r., if an objection is filed within 10 days after that notice is sent and filed with the court, the court shall hold a hearing prior to ordering any change in placement. At least 3 days before the hearing, the court shall provide notice of the hearing to all persons who are required to receive notice under subd. 1. or s. 938.355 (2) (b) 2. If all parties consent, the court may proceed immediately with the hearing. Except as provided in subds. 2m. and 2r., if no objection is filed within 10 days after that notice is sent and filed with the court, the court shall enter an order changing the juvenile's placement as proposed in that notice. Except as provided in subds. 2m. and 2r., placements may not be changed until 10 days after that notice is sent to and filed with the court unless the parent, guardian, legal custodian, or Indian custodian, the juvenile, if 12 or more years of age, and the juvenile's tribe, if the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), sign written waivers of objection.
373,133
Section
133. 938.357 (1) (am) 2m. of the statutes is amended to read:
938.357 (1) (am) 2m. Changes in placement that were authorized in the dispositional order may be made immediately if notice is given as required under subd. 1. In addition, a A hearing is not required for changes in placement changes authorized in the dispositional order except when an objection filed by a person who received notice alleges that new information is available that affects the advisability of the court's dispositional order.
373,134
Section
134. 938.357 (1) (am) 3. of the statutes is amended to read:
938.357 (1) (am) 3. If the court changes the juvenile's placement from a placement outside the home to another placement outside the home, the change in placement change-in-placement order shall contain the applicable order under sub. (2v) (a) 1m. and, the applicable statement under sub. (2v) (a) 2., and the finding under sub. (2v) (a) 2m. If the court changes the placement of an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7) from a placement outside that home to another placement outside that home, the change in placement change-in-placement order shall, in addition, comply with the order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b), unless the court finds good cause, as described in s. 938.028 (6) (d), for departing from that order.
373,135
Section
135. 938.357 (1) (c) (title) of the statutes is amended to read:
938.357 (1) (c) (title) From In-home to out-of-home placement in the home.
373,136
Section
136. 938.357 (1) (c) 1. of the statutes is amended to read:
938.357 (1) (c) 1. If the proposed change in placement would change the placement of a juvenile placed in the home to a placement outside the home, the person or agency primarily responsible for implementing the dispositional order or, the district attorney, or the corporation counsel shall submit a request for the change in placement to the court. The request shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies the objectives of the treatment plan or permanency plan ordered by the court. The request shall also contain specific information showing that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile and, unless any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies, specific information showing that the agency primarily responsible for implementing the dispositional 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.
373,137
Section
137. 938.357 (1) (c) 2. of the statutes is amended to read:
938.357 (1) (c) 2. The court shall hold a hearing prior to ordering a change in placement requested under subd. 1. At least 3 days prior to before the hearing, the court shall provide notice of the hearing, together with a copy of the request for the change in placement, to the juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian, and legal custodian of the juvenile, all parties that are bound by the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, any foster parent or other physical custodian described in s. 48.62 (2), and, 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 Indian juvenile's Indian custodian and tribe. Subject to subd. 2r., if all parties consent, the court may proceed immediately with the hearing.
373,138
Section
138. 938.357 (1) (c) 3. of the statutes is amended to read:
938.357 (1) (c) 3. If the court changes the juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the change in placement change-in-placement order shall contain the findings under sub. (2v) (a) 1., the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., the finding under sub. (2v) (a) 2m., and, if in addition the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination under sub. (2v) (a) 3. If the court changes the placement of an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) from a placement in the home of his or her parent or Indian custodian to a placement outside that home, the change in placement change-in-placement order shall contain the findings under sub. (2v) (a) 4. and comply with the order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b), unless the court finds good cause, as described in s. 938.028 (6) (d), for departing from that order.
373,139
Section
139. 938.357 (2) of the statutes is renumbered 938.357 (2) (a) and amended to read:
938.357 (2) (a) Emergency changes in placement generally. If Except as provided in par. (b), if emergency conditions necessitate an immediate change in the placement of a juvenile placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the juvenile to a new placement, whether or not authorized by the existing dispositional order, without the prior notice under sub. (1) (am) 1. or the consent required under sub. (1) (am) 2r. The notice Notice of the emergency change in placement shall be sent to the persons specified in sub. (1) (am) 1. within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1) (am) 2.
(c) Placements permitted in emergency. In emergency situations, a juvenile may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days or in any placement authorized under s. 938.34 (3).
373,140
Section
140. 938.357 (2) (b) of the statutes is created to read:
938.357 (2) (b) Emergency in-home to out-of-home placements. 1. If emergency conditions necessitate an immediate change in placement of a juvenile placed in the home to a placement outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the juvenile to a new placement, whether or not authorized by the existing dispositional order, without first requesting a change in placement under sub. (1) (c) 1.
2. Except as provided in subd. 3., a hearing on an emergency change in placement under subd. 1. shall be held within 48 hours after the emergency change in placement is made, excluding Saturdays, Sundays, and legal holidays. When a juvenile is removed to a new placement under subd. 1., the person or agency that removed the juvenile shall immediately notify the court by the most practical means. As soon as possible after receiving that notice, the court shall schedule the hearing and the person or agency that removed the juvenile, by the most practical means, shall provide notice of the hearing to the juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian, and legal custodian of the juvenile, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, any foster parent or other physical custodian described in s. 48.62 (2), and, 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 Indian juvenile's Indian custodian and tribe.
3. By the time of the hearing under subd. 2., a request for a change in placement under sub. (1) (c) 1. shall be filed with the court. The court shall hold a hearing on the request as provided in sub. (1) (c) 2., except that, subject to sub. (1) (c) 2r., if all parties consent, the court may proceed immediately with the hearing under sub. (1) (c) 2. in lieu of the hearing under subd. 2.
4. If the court orders an emergency change in placement under subd. 2., the change-in-placement order shall contain the findings under sub. (2v) (a) 1., the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., the finding under sub. (2v) (a) 2m. and, if in addition the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination under sub. (2v) (a) 3.
373,141
Section
141. 938.357 (2m) (a) of the statutes is amended to read:
938.357 (2m) (a) Request; information required. Except as provided in par. (bv), the juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian, or legal custodian of the juvenile, any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, or, 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 Indian juvenile's Indian custodian may request a change in the placement under this paragraph of the juvenile as provided in this subsection. The request shall contain the name and address of the new placement requested and shall state what new information is available that affects the advisability of the current placement. If the proposed change in placement would change the placement of a juvenile placed in the juvenile's home to a placement outside the home, the request shall also contain specific information showing that continued placement of the juvenile in the juvenile's home would be contrary to the welfare of the juvenile and, unless any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies, specific information showing that the agency primarily responsible for implementing the dispositional 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. The request shall be submitted to the court. The court may also propose a change in placement on its own motion.
