SB21-SSA1,4662i
10Section 4662i. 938.357 (4) (c) 2. of the statutes is amended to read:
SB21-SSA1,1398,2311
938.357
(4) (c) 2. If a juvenile is placed in a Type 2 residential care center for
12children and youth under s. 938.34 (4d) and it appears that a less restrictive
13placement would be appropriate for the juvenile, the child welfare agency operating
14the Type 2 residential care center for children and youth shall notify the county
15department that has supervision over the juvenile and, if the county department
16agrees to a change in placement under this subdivision, the child welfare agency may
17place the juvenile in a less restrictive placement. A child welfare agency may also,
18with the agreement of the county department that has supervision over a juvenile
19who is placed in a less restrictive placement under this subdivision, return the
20juvenile to the Type 2 residential care center for children and youth without a
21hearing under sub. (1) (am) 2. The rate for each type of placement shall be
22established by the department of children and families, in consultation with the
23department
of corrections, in the manner provided in s. 49.343.
SB21-SSA1,4662k
24Section 4662k. 938.357 (4) (c) 4. of the statutes is amended to read:
SB21-SSA1,1399,3
1938.357
(4) (c) 4. A juvenile may seek review of a decision of the department
2of corrections or county department under subd. 1. or 2. only by the common law writ
3of certiorari.
SB21-SSA1,4663
4Section
4663. 938.357 (4g) (title) of the statutes is amended to read:
SB21-SSA1,1399,55
938.357
(4g) (title)
Aftercare Community supervision or aftercare plan.
SB21-SSA1,4664b
6Section 4664b. 938.357 (4g) (a) of the statutes is amended to read:
SB21-SSA1,1399,157
938.357
(4g) (a) Not later than 120 days after the date on which the juvenile
8is placed in a juvenile correctional facility or a secured residential care center for
9children and youth, or within 30 days after the date on which the department
of
10corrections requests the aftercare plan, whichever is earlier, the aftercare provider
11designated under s. 938.34 (4n) shall prepare an aftercare plan for the juvenile. If
12the designated aftercare provider is a county department, that county department
13shall submit the aftercare plan to the department
of corrections within the applicable
14time period specified in this paragraph, unless the department
of corrections waives
15the
time period under par. (b).
SB21-SSA1,4664bm
16Section 4664bm. 938.357 (4g) (a) of the statutes, as affected by 2015
17Wisconsin Act .... (this act), is amended to read:
SB21-SSA1,1400,318
938.357
(4g) (a) Not later than 120 days after the date on which the juvenile
19is placed in a juvenile correctional facility or a secured residential care center for
20children and youth, or within 30 days after the date on which the department of
21corrections requests the
community supervision or aftercare plan, whichever is
22earlier, the
community supervision or aftercare provider designated under s. 938.34
23(4n) shall prepare
an a community supervision or aftercare plan for the juvenile. If
24the
juvenile is to be placed on aftercare supervision, the county department 25designated
as the aftercare provider
is a county department, that county department
1shall submit the aftercare plan to the department of corrections within the applicable
2period specified in this paragraph, unless the department of corrections waives the
3period under par. (b).
SB21-SSA1,4665b
4Section 4665b. 938.357 (4g) (b) of the statutes is amended to read:
SB21-SSA1,1400,125
938.357
(4g) (b) The department
of corrections may waive the
time period
6within which an aftercare plan must be prepared and submitted under par. (a) if
the 7that department anticipates that the juvenile will remain in the juvenile correctional
8facility or secured residential care center for children and youth for a period
9exceeding 8 months or if the juvenile is subject to s. 938.183. If the department
of
10corrections waives that
time period, the designated aftercare provider shall prepare
11the aftercare plan within 30 days after the date on which the department
of
12corrections requests the aftercare plan.
SB21-SSA1,4665bm
13Section 4665bm. 938.357 (4g) (b) of the statutes, as affected by 2015
14Wisconsin Act .... (this act), is amended to read:
SB21-SSA1,1400,2315
938.357
(4g) (b) The department of corrections may waive the period within
16which
an a community supervision plan or aftercare plan must be prepared and
17submitted under par. (a) if that department anticipates that the juvenile will remain
18in the juvenile correctional facility or secured residential care center for children and
19youth for a period exceeding 8 months or if the juvenile is subject to s. 938.183. If the
20department of corrections waives that period, the designated
community
21supervision or aftercare provider shall prepare the
community supervision or 22aftercare plan within 30 days after the date on which the department of corrections
23requests the
community supervision or aftercare plan.
SB21-SSA1,4666
24Section
4666. 938.357 (4g) (c) (intro.) of the statutes is amended to read:
SB21-SSA1,1401,2
1938.357
(4g) (c) (intro.)
An A community supervision or aftercare plan shall
2include all of the following:
SB21-SSA1,4667
3Section
4667. 938.357 (4g) (c) 2. of the statutes is amended to read:
SB21-SSA1,1401,54
938.357
(4g) (c) 2. The conditions, if any, under which the juvenile's
community
5supervision or aftercare status may be revoked.
SB21-SSA1,4668
6Section
4668. 938.357 (4g) (c) 3. of the statutes is amended to read:
SB21-SSA1,1401,87
938.357
(4g) (c) 3. Services or programming to be provided to the juvenile while
8on
community supervision or aftercare
supervision.
SB21-SSA1,4669
9Section
4669. 938.357 (4g) (c) 4. of the statutes is amended to read:
SB21-SSA1,1401,1110
938.357
(4g) (c) 4. The estimated length of time that
community supervision
11and services or aftercare supervision and services shall be provided to the juvenile.
SB21-SSA1,4670
12Section
4670. 938.357 (4g) (d) of the statutes is amended to read:
SB21-SSA1,1401,1513
938.357
(4g) (d) A juvenile may be released from a juvenile correctional facility
14or a secured residential care center for children and youth whether or not
an a
15community supervision or aftercare plan has been prepared under this subsection.
SB21-SSA1,4671b
16Section 4671b. 938.357 (4m) of the statutes is amended to read:
SB21-SSA1,1401,2017
938.357
(4m) Release to aftercare supervision. The department
of
18corrections shall try to release a juvenile to aftercare supervision under sub. (4)
19within 30 days after the date
the on which that department determines the juvenile
20is eligible for the release.
SB21-SSA1,4671bm
21Section 4671bm. 938.357 (4m) of the statutes, as affected by 2015 Wisconsin
22Act .... (this act), is amended to read:
SB21-SSA1,1402,223
938.357
(4m) Release to community supervision or aftercare supervision. 24The department of corrections shall try to release a juvenile to
community
1supervision or aftercare supervision under sub. (4) within 30 days after the date on
2which that department determines the juvenile is eligible for the release.
SB21-SSA1,4672
3Section
4672. 938.357 (5) (title) of the statutes is amended to read:
SB21-SSA1,1402,54
938.357
(5) (title)
Revocation of
community supervision or aftercare
5supervision.
SB21-SSA1,4673b
6Section 4673b. 938.357 (5) (a) of the statutes is amended to read:
SB21-SSA1,1402,107
938.357
(5) (a) The department
of corrections or a county department,
8whichever has been designated as a juvenile's aftercare provider, may revoke the
9aftercare status of that juvenile. Prior notice of a change in placement under sub.
10(1) (am) 1. is not required.
SB21-SSA1,4673bm
11Section 4673bm. 938.357 (5) (a) of the statutes, as affected by 2015 Wisconsin
12Act .... (this act), is amended to read:
SB21-SSA1,1402,1913
938.357
(5) (a)
The If a juvenile has been placed on community supervision, the 14department of corrections
or a may revoke the community supervision status of that
15juvenile as provided in this subsection. If a juvenile has been placed on aftercare
16supervision, the county department
, whichever
that has been designated as a
17juvenile's aftercare provider
, may revoke the aftercare status of that juvenile
as
18provided in this subsection. Prior notice of a change in placement under sub. (1) (am)
191. is not required.
SB21-SSA1,4674
20Section
4674. 938.357 (5) (b) of the statutes is amended to read:
SB21-SSA1,1402,2421
938.357
(5) (b)
A juvenile on community supervision status may be taken into
22custody only as provided in ss. 938.19 to 938.21 or 938.533 (3) (a). A juvenile on
23aftercare status may be taken into custody only as provided in ss. 938.19 to 938.21
24and or 938.355 (6d) (b).
SB21-SSA1,4675
25Section
4675. 938.357 (5) (d) of the statutes is amended to read:
SB21-SSA1,1403,6
1938.357
(5) (d) A hearing on the revocation shall be conducted by the division
2of hearings and appeals in the department of administration within 30 days after the
3juvenile is taken into custody for an alleged violation of a condition of the juvenile's
4community supervision or aftercare supervision. This
time period may be waived
5only upon the agreement of the
community supervision or aftercare provider, the
6juvenile, and the juvenile's counsel.
SB21-SSA1,4676
7Section
4676. 938.357 (5) (e) of the statutes is amended to read:
SB21-SSA1,1403,138
938.357
(5) (e) If the hearing examiner finds that the juvenile has violated a
9condition of
community supervision or aftercare supervision, the hearing examiner
10shall determine whether confinement in a juvenile correctional facility or a secured
11residential care center for children and youth is necessary to protect the public, to
12provide for the juvenile's rehabilitation, or to not depreciate the seriousness of the
13violation.
SB21-SSA1,4677b
14Section 4677b. 938.357 (5) (g) of the statutes is amended to read:
SB21-SSA1,1403,2015
938.357
(5) (g) The department
of corrections shall promulgate rules setting
16standards to be used by a hearing examiner to determine whether to revoke a
17juvenile's aftercare status. The standards shall specify that the burden is on the
18department
of corrections or county department seeking revocation to show by a
19preponderance of the evidence that the juvenile violated a condition of aftercare
20supervision.
SB21-SSA1,4677bm
21Section 4677bm. 938.357 (5) (g) of the statutes, as affected by 2015 Wisconsin
22Act .... (this act), is amended to read:
SB21-SSA1,1404,323
938.357
(5) (g) The department of corrections shall promulgate rules setting
24standards to be used by a hearing examiner to determine whether to revoke a
25juvenile's
community supervision or aftercare status. The standards shall specify
1that the burden is on the department of corrections or county department seeking
2revocation to show by a preponderance of the evidence that the juvenile violated a
3condition of
community supervision or aftercare supervision.
SB21-SSA1,4677c
4Section 4677c. 938.357 (5m) (a) of the statutes is amended to read:
SB21-SSA1,1404,155
938.357
(5m) (a) If a proposed change in placement would change a juvenile's
6placement from a placement in the juvenile's home to a placement outside the
7juvenile's home, the court shall order the juvenile's parent to provide a statement of
8the income, assets, debts, and living expenses of the juvenile and the juvenile's
9parent to the court or the person or agency primarily responsible for implementing
10the dispositional order by a date specified by the court. The clerk of court shall
11provide, without charge, to any parent ordered to provide that statement a document
12setting forth the percentage standard established by the department
of children and
13families under s. 49.22 (9) and listing the factors under s. 301.12 (14) (c). If the
14juvenile is placed outside the juvenile's home, the court shall determine the liability
15of the parent in the manner provided in s. 301.12 (14).
SB21-SSA1,4677e
16Section 4677e. 938.36 (1) (b) of the statutes is amended to read:
SB21-SSA1,1405,217
938.36
(1) (b) In determining the amount of support under par. (a), the court
18may consider all relevant financial information or other information relevant to the
19parent's earning capacity, including information reported under s. 49.22 (2m) to the
20department
of children and families, or the county child support agency, under s.
2159.53 (5). If the court has insufficient information with which to determine the
22amount of support, the court shall order the juvenile's parent to furnish a statement
23of the income, assets, debts, and living expenses of the juvenile and the juvenile's
24parent, if the parent has not already done so, to the court within 10 days after the
1court's order transferring custody or designating an alternative placement is entered
2or at such other time as ordered by the court.
SB21-SSA1,4677h
3Section 4677h. 938.363 (1) (c) of the statutes is amended to read:
SB21-SSA1,1405,124
938.363
(1) (c) If the proposed revision is for a change in the amount of child
5support to be paid by a parent, the court shall order the juvenile's parent to provide
6a statement of the income, assets, debts, and living expenses of the juvenile and the
7juvenile's parent to the court and the person or agency primarily responsible for
8implementing the dispositional order by a date specified by the court. The clerk of
9court shall provide, without charge, to any parent ordered to provide that statement
10a document setting forth the percentage standard established by the department
of
11children and families under s. 49.22 (9) and listing the factors that a court may
12consider under s. 301.12 (14) (c).
SB21-SSA1,4678
13Section
4678. 938.365 (7) of the statutes is amended to read:
SB21-SSA1,1405,1814
938.365
(7) Changes in placement and trial reunifications not permitted. 15Nothing in this section may be construed to allow any changes in placement, trial
16reunification, or revocation of
community supervision or aftercare supervision.
17Revocation and other changes in placement may take place only under s. 938.357,
18and trial reunifications may take place only under s. 938.358.
SB21-SSA1,4679
19Section
4679. 938.366 (1) of the statutes is renumbered 938.366 (1) (intro.)
20and amended to read:
SB21-SSA1,1405,2421
938.366
(1) (intro.)
Applicability. This section applies to a person who is
a
22full-time student of a secondary school or its vocational or technical equivalent, for
23whom an individualized education program under s. 115.787 is in effect, and to whom
24any of the following applies:
SB21-SSA1,1406,8
1(a) The person is placed in a foster home, group home, or residential care center
2for children and youth, in the home of a relative other than a parent, or in a
3supervised independent living arrangement under an order under s. 938.355,
4938.357, or 938.365 that terminates as provided in s. 938.355 (4) (am) 1., 2., or 3.,
5938.357 (6) (a) 1., 2., or 3., or 938.365 (5) (b) 1., 2., or 3. on or after the person attains
618 years of age
, who is a full-time student of a secondary school or its vocational or
7technical equivalent, and for whom an individualized education program under s.
8115.787 is in effect.
SB21-SSA1,4680
9Section
4680. 938.366 (1) (b) of the statutes is created to read:
SB21-SSA1,1406,1110
938.366
(1) (b) The person is placed in a shelter care facility on the date on
11which an order specified in par. (a) terminates.
SB21-SSA1,4681
12Section
4681. 938.366 (2) (a) of the statutes is amended to read:
SB21-SSA1,1407,213
938.366
(2) (a) Not less than 120 days before an order described in sub. (1)
(a) 14terminates, the agency primarily responsible for providing services under the order
15shall request the person who is the subject of the order to indicate whether he or she
16wishes to be discharged from out-of-home care on termination of the order, wishes
17to continue in out-of-home care until the date specified in s. 938.365 (5) (b) 4. under
18an extension of the order, or wishes to continue in out-of-home care under a
19voluntary agreement under sub. (3). If the person indicates that he or she wishes to
20be discharged from out-of-home care on termination of the order, the agency shall
21request a transition-to-discharge hearing under par. (b). If the person indicates that
22he or she wishes to continue in out-of-home care under an extension of the order, the
23agency shall request an extension of the order under s. 938.365. If the person
24indicates that he or she wishes to continue in out-of-home care under a voluntary
1agreement under sub. (3), the agency and the person shall enter into such an
2agreement.
SB21-SSA1,4682
3Section
4682. 938.366 (2) (b) 1. of the statutes is amended to read:
SB21-SSA1,1407,134
938.366
(2) (b) 1. If the person who is the subject of an order described in sub.
5(1)
(a) indicates that he or she wishes to be discharged from out-of-home care on
6termination of the order, the agency primarily responsible for providing services to
7the person under the order shall request the court to hold a transition-to-discharge
8hearing and shall cause notice of that request to be provided to that person, the
9parent, guardian, and legal custodian of that person, any foster parent or other
10physical custodian described in s. 48.62 (2) of that person, all parties who are bound
11by the dispositional order, and, if that person is an Indian juvenile who has been
12removed from the home of his or her parent or Indian custodian, that person's Indian
13custodian and tribe.
SB21-SSA1,4683
14Section
4683. 938.366 (2) (b) 3. of the statutes is amended to read:
SB21-SSA1,1407,1915
938.366
(2) (b) 3. At the hearing the court shall review with the person who is
16the subject of an order described in sub. (1)
(a) the options specified in par. (a) and
17shall advise the person that he or she may continue in out-of-home care as provided
18in par. (a) under an extension of the order or under a voluntary agreement under sub.
19(3).
SB21-SSA1,4684
20Section
4684. 938.366 (2) (b) 4. of the statutes is amended to read:
SB21-SSA1,1408,1021
938.366
(2) (b) 4. If the court determines that the person who is the subject of
22an order described in sub. (1)
(a) understands that he or she may continue in
23out-of-home care, but wishes to be discharged from that care on termination of the
24order, the court shall advise the person that he or she may enter into a voluntary
25agreement under sub. (3) at any time before he or she is granted a high school or high
1school equivalency diploma or reaches 21 years of age, whichever occurs first, so long
2as he or she is a full-time student at a secondary school or its vocational or technical
3equivalent and an individualized education program under s. 115.787 is in effect for
4him or her. If the court determines that the person wishes to continue in
5out-of-home care under an extension of the order described in sub. (1)
(a), the court
6shall schedule an extension hearing under s. 938.365. If the court determines that
7the person wishes to continue in out-of-home care under a voluntary agreement
8under sub. (3), the court shall order the agency primarily responsible for providing
9services to the person under the order to provide transition-to-independent-living
10services for the person under a voluntary agreement under sub. (3).
SB21-SSA1,4685
11Section
4685. 938.366 (3) (a) of the statutes is amended to read:
SB21-SSA1,1408,2212
938.366
(3) (a) On termination of an order described in sub. (1)
(a), the person
13who is the subject of the order, or the person's guardian on behalf of the person, and
14the agency primarily responsible for providing services to the person under the order
15may enter into a transition-to-independent-living agreement under which the
16person continues in out-of-home care and continues to be a full-time student at a
17secondary school or its vocational or technical equivalent under an individualized
18education program under s. 115.787 until the date on which the person reaches 21
19years of age, is granted a high school or high school equivalency diploma, or
20terminates the agreement as provided in par. (b), whichever occurs first, and the
21agency provides services to the person to assist him or her in transitioning to
22independent living.
SB21-SSA1,4686
23Section
4686. 938.366 (3) (am) of the statutes is created to read:
SB21-SSA1,1409,724
938.366
(3) (am) 1. No later than 150 days after a
25transition-to-independent-living agreement is entered into, the agency primarily
1responsible for providing services under the agreement shall petition the court for
2a determination that the person's placement in out-of-home care under the
3agreement is in the best interests of the person. The request shall contain the name
4and address of the placement and specific information showing why the placement
5is in the best interests of the person and shall have a copy of the agreement attached
6to it. The agency shall cause written notice of the petition to be sent to the person
7who is the subject of the agreement and the person's guardian.
SB21-SSA1,1409,138
2. On receipt of a petition under subd. 1., the court shall set a date for a hearing
9on the petition that allows a reasonable time for the parties to prepare but is within
1030 days after the date of receipt of the petition. Not less than 3 days before the
11hearing the agency primarily responsible for providing services under the agreement
12or the court shall provide notice of the hearing to all persons who are entitled to
13receive notice under subd. 1. A copy of the petition shall be attached to the notice.
SB21-SSA1,1409,1914
3. If the court finds that the person's placement in out-of-home care under the
15agreement is in the best interests of the person, the court shall grant an order
16determining that placement in out-of-home care under the agreement is in the best
17interests of the person. The court shall grant or deny the order no later than 180 days
18after the date on which the transition-to-independent-living agreement is entered
19into.
SB21-SSA1,1410,220
4. The court shall make the findings under subd. 3. on a case-by-case basis
21based on circumstances specific to the person and shall document or reference the
22specific information on which those findings are based in the order under subd. 3.
23An order that merely references subd. 3. without documenting or referencing that
24specific information in the order or an amended order that retroactively corrects an
1earlier order that does not comply with this subdivision is not sufficient to comply
2with this subdivision.
SB21-SSA1,4687
3Section
4687. 938.366 (3) (d) of the statutes is created to read:
SB21-SSA1,1410,94
938.366
(3) (d) If the agency that enters into a voluntary agreement under this
5subsection is the department or a county department, the voluntary agreement shall
6also specifically state that the department or the county department has placement
7and care responsibility for the person who is the subject of the agreement as required
8under
42 USC 672 (a) (2) and has primary responsibility for providing services to the
9person.
SB21-SSA1,4688
10Section
4688. 938.366 (3g) of the statutes is created to read:
SB21-SSA1,1410,1411
938.366
(3g) Appeal procedures. Any person who is aggrieved by the failure
12of an agency to enter into a transition-to-independent-living agreement under sub.
13(3) or by an agency's termination of such an agreement has the right to a contested
14case hearing under ch. 227.
SB21-SSA1,4688x
15Section 4688x. 938.366 (4) (intro.) of the statutes is amended to read:
SB21-SSA1,1410,1816
938.366
(4) Rules. (intro.) The department
of children and families shall
17promulgate rules to implement this section. Those rules shall include all of the
18following:
SB21-SSA1,4689
19Section
4689. 938.366 (4) (a) of the statutes is amended to read:
SB21-SSA1,1410,2320
938.366
(4) (a) Rules permitting a foster home, group home, or residential care
21center for children and youth to provide care for persons who agree to continue in
22out-of-home care under an extension of an order described in sub. (1)
(a) or a
23voluntary agreement under sub. (3).
SB21-SSA1,4689x
24Section 4689x. 938.38 (1) (a) of the statutes is amended to read:
SB21-SSA1,1411,2
1938.38
(1) (a) "Agency" means the department
of children and families, the
2department of corrections, a county department
, or a licensed child welfare agency.
SB21-SSA1,4690
3Section
4690. 938.38 (1) (ap) of the statutes is created to read:
SB21-SSA1,1411,54
938.38
(1) (ap) "Juvenile" includes a person 17 years of age or over for whom
5a permanency plan is required under sub. (2).
SB21-SSA1,4691
6Section
4691. 938.38 (2) (d) of the statutes is amended to read:
SB21-SSA1,1411,97
938.38
(2) (d) The juvenile was placed under a voluntary agreement between
8the agency and the juvenile's parent under s. 48.63 (1) (a) or (5) (b)
or under a
9voluntary transition-to-independent-living agreement under s. 938.366 (3).
SB21-SSA1,4692
10Section
4692. 938.38 (4) (fg) 5. of the statutes is amended to read:
SB21-SSA1,1411,1411
938.38
(4) (fg) 5. As provided in par. (fm),
placement in some other planned
12permanent living arrangement that includes an appropriate, enduring relationship
13with an adult, including sustaining care
or long-term foster care, but not including
14independent living, or the goal of transitioning the juvenile to independence.
SB21-SSA1,4693
15Section
4693. 938.38 (4) (fg) 6. of the statutes is repealed.