AB514,144
16Section
144. 938.357 (2m) (br) of the statutes is amended to read:
AB514,87,417
938.357
(2m) (br)
Indian juvenile; notice. If the juvenile is an Indian juvenile
18who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), and if the
19proposed change in placement would change the placement of the Indian juvenile
20from a placement in the home of his or her parent or Indian custodian to a placement
21outside that home, notice under par. (b)
2. to the Indian juvenile's parent, Indian
22custodian, and tribe shall be provided in the manner specified in s. 938.028 (4) (a).
23No Notwithstanding par. (b) 2., no hearing on the request or proposal may be held
24until at least 10 days after receipt of the notice by the Indian juvenile's parent, Indian
25custodian, and tribe or, if the identity or location of the Indian juvenile's parent,
1Indian custodian, or tribe cannot be determined, until at least 15 days after receipt
2of the notice by the U.S. secretary of the interior. On request of the Indian juvenile's
3parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20
4additional days to enable the requester to prepare for the hearing.
AB514,145
5Section
145. 938.357 (2m) (c) of the statutes is amended to read:
AB514,87,196
938.357
(2m) (c)
Findings required. Contents of order. 1. If the court changes
7the juvenile's placement from a placement in the juvenile's home to a placement
8outside the juvenile's home, the
change in placement
change-in-placement order
9shall contain the findings under sub. (2v) (a) 1., the applicable order under sub. (2v)
10(a) 1m., the applicable statement under sub. (2v) (a) 2.,
the finding under sub. (2v)
11(a) 2m., and, if in addition the court finds that any of the circumstances under s.
12938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination under sub.
13(2v) (a) 3. If the court changes the placement of an Indian juvenile who is in need of
14protection or services under s. 938.13 (4), (6), (6m), or (7) from a placement in the
15home of his or her parent or Indian custodian to a placement outside that home, the
16change in placement change-in-placement order shall, in addition, contain the
17findings under sub. (2v) (a) 4. and comply with the order of placement preference
18under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b), unless the court finds good
19cause, as described in s. 938.028 (6) (d), for departing from that order.
AB514,88,520
2. If the court changes the juvenile's placement from a placement outside the
21home to another placement outside the home, the
change in placement 22change-in-placement order shall contain the applicable order under sub. (2v) (a) 1m.
23and, the applicable statement under sub. (2v) (a) 2.
, and the finding under sub. (2v)
24(a) 2m. If the court changes the placement of an Indian juvenile who is in need of
25protection or services under s. 938.13 (4), (6), (6m), or (7) from a placement outside
1the home of his or her parent or Indian custodian to another placement outside that
2home, the
change in placement change-in-placement order shall, in addition,
3comply with the order of placement preference under s. 938.028 (6) (a) or, if
4applicable, s. 938.028 (6) (b), unless the court finds good cause, as described in s.
5938.028 (6) (d), for departing from the order.
AB514,146
6Section
146. 938.357 (2r) of the statutes is amended to read:
AB514,88,177
938.357
(2r) Removal from foster home or physical custodian. If a hearing
8is held under sub. (1) (am) 2. or (2m) (b)
1. and the change in placement would remove
9a juvenile from a foster home or other placement with a physical custodian described
10in s. 48.62 (2), the court shall give the foster parent or other physical custodian a right
11to be heard at the hearing by permitting the foster parent or other physical custodian
12to make a written or oral statement during the hearing or to submit a written
13statement prior to the hearing relating to the juvenile and the requested change in
14placement. A foster parent or other physical custodian who receives notice of a
15hearing under sub. (1) (am) 1. or (2m) (b)
2. and a right to be heard under this
16subsection does not become a party to the proceeding on which the hearing is held
17solely on the basis of receiving that notice and right to be heard.
AB514,147
18Section
147. 938.357 (2v) (a) 1. of the statutes is amended to read:
AB514,89,219
938.357
(2v) (a) 1. If the court changes the juvenile's placement from a
20placement in the juvenile's home to a placement outside the juvenile's home, a
21finding that continued placement of the juvenile in his or her home would be contrary
22to the welfare of the juvenile and, unless a circumstance under s. 938.355 (2d) (b) 1.
23to 4. applies, a finding that
the county department or the agency primarily
24responsible for implementing the dispositional order has made reasonable efforts to
1prevent the removal of the juvenile from the home, while assuring that the juvenile's
2health and safety are the paramount concerns.
AB514,148
3Section
148. 938.357 (2v) (a) 2. of the statutes is amended to read:
AB514,89,154
938.357
(2v) (a) 2. If the
change in placement change-in-placement order
5would change changes the placement of the juvenile to a placement outside the home
6recommended by the person or agency primarily responsible for implementing the
7dispositional order, whether from a placement in the home or from another
8placement outside the home, a statement that the court approves the placement
9recommended by the person or agency
. If or, if the
change in placement 10change-in-placement order
would change changes the placement of the juvenile to
11a placement outside the home that is not a placement recommended by that person
12or agency, whether from a placement in the home or from another placement outside
13the home, a statement that the court has given bona fide consideration to the
14recommendations made by that person or agency and all parties relating to the
15juvenile's placement.
AB514,149
16Section
149. 938.357 (2v) (a) 2m. of the statutes is amended to read:
AB514,90,417
938.357
(2v) (a) 2m. If
the change-in-placement order changes the placement
18of the juvenile to a placement outside the home and if the juvenile has one or more
19siblings, as defined in s. 938.38 (4) (br) 1., who have been placed outside the home
20or for whom a change in placement to a placement outside the home is requested, a
21finding as to whether the county department or the agency primarily responsible for
22implementing the dispositional order has made reasonable efforts to place the
23juvenile in a placement that enables the sibling group to remain together, unless the
24court determines that a joint placement would be contrary to the safety or well-being
25of the juvenile or any of those siblings, in which case the court shall order the county
1department or agency to make reasonable efforts to provide for frequent visitation
2or other ongoing interaction between the juvenile and the siblings, unless the court
3determines that such visitation or interaction would be contrary to the safety or
4well-being of the juvenile or any of those siblings.
AB514,150
5Section
150. 938.357 (2v) (c) (title) of the statutes is amended to read:
AB514,90,76
938.357
(2v) (c) (title)
Permanency Reasonable efforts not required;
7permanency hearing.
AB514,151
8Section
151. 938.357 (2v) (d) (title) of the statutes is created to read:
AB514,90,99
938.357
(2v) (d) (title)
Search for relatives.
AB514,152
10Section
152. 938.357 (4d) (a) (title) of the statutes is created to read:
AB514,90,1111
938.357
(4d) (a) (title)
Prohibition.
AB514,153
12Section
153. 938.357 (4d) (am) of the statutes is amended to read:
AB514,90,2213
938.357
(4d) (am)
Change in placement required. Except as provided in par.
14(b), if a parent in whose home a juvenile is placed is convicted of the homicide of the
15juvenile's other parent under s. 940.01 or 940.05, and the conviction has not been
16reversed, set aside, or vacated, the court shall change the juvenile's placement to a
17placement
out of outside the home of the parent on petition of the juvenile,
the
18juvenile's counsel or guardian ad litem, the guardian or legal custodian of the
19juvenile,
a the person or agency
bound by primarily responsible for implementing 20the dispositional order, or the district attorney or corporation counsel of the county
21in which the dispositional order was entered, or on the court's own motion with notice
22to the parent.
AB514,154
23Section
154. 938.357 (4d) (b) (title) of the statutes is created to read:
AB514,90,2424
938.357
(4d) (b) (title)
Exception.
AB514,91,143
938.357
(5m) (a) If a proposed change in placement would change a juvenile's
4placement from a placement in the juvenile's home to a placement outside the
5juvenile's home, the court shall order the juvenile's parent to provide a statement of
6the income, assets, debts, and living expenses of the juvenile and the juvenile's
7parent to the court or the person or agency primarily responsible for implementing
8the dispositional order by a date specified by the court. The clerk of court shall
9provide, without charge, to any parent ordered to provide that statement a document
10setting forth the percentage standard established by the department
of children and
11families under s. 49.22 (9)
and the manner of its application established by the
12department of corrections under s. 301.12 (14) (g) and listing the factors under s.
13301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall
14determine the liability of the parent in the manner provided in s. 301.12 (14).
AB514,156
15Section
156. 938.357 (6) (a) (intro.) of the statutes is amended to read:
AB514,91,2216
938.357
(6) (a) (intro.) No change in placement may extend the expiration date
17of the original
dispositional order, except that if the change in placement is from a
18placement in the juvenile's home to a placement in a foster home, group home, or
19residential care center for children and youth, in the home of a relative who is not
20a parent, or in a supervised independent living arrangement, the court may extend
21the expiration date of the original
dispositional order to the latest of the following
22dates, unless the court specifies a shorter period:
AB514,157
23Section
157. 938.357 (6) (a) 2. of the statutes is amended to read:
AB514,91,2524
938.357
(6) (a) 2. The date that is one year after the date on which the
change
25in placement change-in-placement order is granted.
AB514,158
1Section
158. 938.357 (6) (b) of the statutes is amended to read:
AB514,92,92
938.357
(6) (b) If the change in placement is from a placement in a foster home,
3group home, or residential care center for children and youth or in the home of a
4relative to a placement in the juvenile's home and if the expiration date of the original
5dispositional order is more than one year after the date on which the
change in
6placement change-in-placement order is granted, the court shall shorten the
7expiration date of the original
dispositional order to the date that is one year after
8the date on which the
change in placement change-in-placement order is granted
9or to an earlier date as specified by the court.
AB514,159
10Section
159. 938.358 (2) (a) of the statutes is amended to read:
AB514,92,2211
938.358
(2) (a)
Request or proposal. No trial reunification may occur without
12a court order. Only the person or agency primarily responsible for implementing the
13dispositional order may request the court to order a trial reunification. The request
14shall contain the name and address of the requested trial reunification home, a
15statement describing why the trial reunification is in the best interests of the
16juvenile, and a statement describing how the trial reunification satisfies the
17objectives of the juvenile's permanency plan. A request for a trial reunification may
18not be made on the sole grounds that an emergency condition necessitates an
19immediate removal of the juvenile from his or her out-of-home placement. If an
20emergency condition necessitates such an immediate removal, the person or agency
21primarily responsible for implementing the dispositional order shall proceed as
22provided in s. 938.357 (2)
(a).
AB514,160
23Section
160. 938.36 (1) (a) of the statutes is amended to read:
AB514,93,1324
938.36
(1) (a) If legal custody is transferred from the parent or guardian or the
25court otherwise designates an alternative placement for the juvenile by
a consent
1decree under s. 938.32, a disposition made under s. 938.183, 938.34
, or 938.345
, or
2by a change in placement under s. 938.357, the duty of the parent or guardian to
3provide support shall continue even though the legal custodian or the placement
4designee may provide the support. A copy of the order transferring custody or
5designating alternative placement for the juvenile shall be submitted to the agency
6or person receiving custody or placement and the agency or person may apply to the
7court for an order to compel the parent or guardian to provide the support. Support
8payments for residential services, when purchased or otherwise funded or provided
9by the department of corrections, or a county department under s. 46.215, 46.22 or
1046.23, shall be determined under s. 301.12 (14). Support payments for residential
11services, when purchased or otherwise funded by the department of health services,
12or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10
13(14).
AB514,93,2516
938.363
(1) (c) If the proposed revision is for a change in the amount of child
17support to be paid by a parent, the court shall order the juvenile's parent to provide
18a statement of the income, assets, debts, and living expenses of the juvenile and the
19juvenile's parent to the court and the person or agency primarily responsible for
20implementing the dispositional order by a date specified by the court. The clerk of
21court shall provide, without charge, to any parent ordered to provide that statement
22a document setting forth the percentage standard established by the department
of
23children and families under s. 49.22 (9)
and the manner of its application established
24by the department of corrections under s. 301.12 (14) (g) and listing the factors
that
25a court may consider under s. 301.12 (14) (c).
AB514,162
1Section
162. 938.38 (4m) (title) of the statutes is amended to read:
AB514,94,32
938.38
(4m) (title)
Reasonable efforts not required; permanency
3determination hearing.
AB514,163
4Section
163.
Initial applicability.
AB514,94,85
(1)
Changes in placement, revisions, and extensions. Except as provided in
6subsection (2), this act first applies to a change in placement or a revision or
7extension of a dispositional order requested, or to an emergency change in placement
8made, on the effective date of this subsection.
AB514,94,129
(2)
Effective period of temporary physical custody order. The treatment of
10sections 48.21 (5m), 48.213 (4m), and 938.21 (5m) of the statutes first applies to a
11temporary physical custody order that is in effect on the effective date of this
12subsection.
AB514,94,1514
(1)
This act takes effect on the first day of the 6th month beginning after
15publication.