2015 Wisconsin Act 373

373,151 Section 151. 938.357 (2v) (d) (title) of the statutes is created to read:

938.357 (2v) (d) (title) Search for relatives.

373,152 Section 152. 938.357 (4d) (a) (title) of the statutes is created to read:

938.357 (4d) (a) (title) Prohibition.

373,153 Section 153. 938.357 (4d) (am) of the statutes is amended to read:

938.357 (4d) (am) Change in placement required. Except as provided in par. (b), 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 out of 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, a the person or agency bound by primarily responsible for implementing the dispositional order, or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion with notice to the parent.

373,154 Section 154. 938.357 (4d) (b) (title) of the statutes is created to read:

938.357 (4d) (b) (title) Exception.

373,155 Section 155. 938.357 (5m) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

938.357 (5m) (a) If a proposed change in placement would change a juvenile's placement from a placement in the juvenile's home to a placement 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 person or agency primarily responsible for implementing the dispositional order by a date specified 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 under s. 301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 301.12 (14).

373,156 Section 156. 938.357 (6) (a) (intro.) of the statutes is amended to read:

938.357 (6) (a) (intro.) No change in placement may extend the expiration date of the original dispositional order, except that if the change in placement is from a placement in the juvenile's home to a placement in a foster home, group home, or residential care center for children and youth, in the home of a relative who is not a parent, or in a supervised independent living arrangement, the court may extend the expiration date of the original dispositional order to the latest of the following dates, unless the court specifies a shorter period:

373,157 Section 157. 938.357 (6) (a) 2. of the statutes is amended to read:

938.357 (6) (a) 2. The date that is one year after the date on which the change in placement change-in-placement order is granted.

373,158 Section 158. 938.357 (6) (b) of the statutes is amended to read:

938.357 (6) (b) If the change in placement is from a placement in a foster home, group home, or residential care center for children and youth or in the home of a relative to a placement in the juvenile's home and if the expiration date of the original dispositional order is more than one year after the date on which the change in placement change-in-placement order is granted, the court shall shorten the expiration date of the original dispositional order to the date that is one year after the date on which the change in placement change-in-placement order is granted or to an earlier date as specified by the court.

373,159 Section 159. 938.358 (2) (a) of the statutes is amended to read:

938.358 (2) (a) Request or proposal. No trial reunification may occur without a court order. Only the person or agency primarily responsible for implementing the dispositional order may request the court to order a trial reunification. The request shall contain the name and address of the requested trial reunification home, a statement describing why the trial reunification is in the best interests of the juvenile, and a statement describing how the trial reunification satisfies the objectives of the juvenile's permanency plan. A request for a trial reunification may not be made on the sole grounds that an emergency condition necessitates an immediate removal of the juvenile from his or her out-of-home placement. If an emergency condition necessitates such an immediate removal, the person or agency primarily responsible for implementing the dispositional order shall proceed as provided in s. 938.357 (2) (a).

373,160 Section 160. 938.36 (1) (a) of the statutes is amended to read:

938.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the juvenile by a consent decree under s. 938.32, a disposition made under s. 938.183, 938.34, or 938.345, or by a change in placement under s. 938.357, the duty of the parent or guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the juvenile shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department of corrections, or a county department under s. 46.215, 46.22 or 46.23, shall be determined under s. 301.12 (14). Support payments for residential services, when purchased or otherwise funded by the department of health services, or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10 (14).

373,161 Section 161. 938.363 (1) (c) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

938.363 (1) (c) If the proposed revision is for a change in the amount of child support to be paid by a parent, 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 and the person or agency primarily responsible for implementing the dispositional order by a date specified 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).

373,162 Section 162. 938.38 (4m) (title) of the statutes is amended to read:

938.38 (4m) (title) Reasonable efforts not required; permanency determination hearing.

373,163 Section 163. Initial applicability.

(1) Changes in placement, revisions, and extensions. Except as provided in subsection (2 ), this act first applies to a change in placement or a revision or extension of a dispositional order requested, or to an emergency change in placement made, on the effective date of this subsection.

(2) Effective period of temporary physical custody order. The treatment of sections 48.21 (5m), 48.213 (4m), and 938.21 (5m) of the statutes first applies to a temporary physical custody order that is in effect on the effective date of this subsection.

373,164 Section 164. Effective date.

(1) This act takes effect on the first day of the 6th month beginning after publication.