SB21,1706,2315
938.20
(8) (c) If a juvenile who has violated a condition of
community
16supervision or aftercare supervision
administered by the department or a county
17department, a condition of the juvenile's placement in a Type 2 juvenile correctional
18facility or a Type 2 residential care center for children and youth, or a condition of
19the juvenile's participation in the intensive supervision program under s. 938.534 is
20held in custody, the intake worker shall also notify the department or county
21department, whichever has supervision over the juvenile, of the reasons for holding
22the juvenile in custody, of the juvenile's whereabouts, and of the time and place of the
23detention hearing required under s. 938.21.
SB21,4653
24Section
4653. 938.205 (1) (c) of the statutes is amended to read:
SB21,1707,8
1938.205
(1) (c) That the juvenile will run away or be taken away so as to be
2unavailable for proceedings of the court or its officers, proceedings of the division of
3hearings and appeals in the department of administration for revocation of
4community supervision or aftercare supervision, or action by the department or
5county department relating to a violation of a condition of the juvenile's placement
6in a Type 2 juvenile correctional facility or a Type 2 residential care center for
7children and youth or a condition of the juvenile's participation in the intensive
8supervision program under s. 938.534.
SB21,4654
9Section
4654. 938.208 (1) (intro.) of the statutes is amended to read:
SB21,1707,2210
938.208
(1) Delinquent act and risk of harm or running away. (intro.)
11Probable cause exists to believe that the juvenile has committed a delinquent act and
12either presents a substantial risk of physical harm to another person or a substantial
13risk of running away so as to be unavailable for a court hearing, a revocation of
14community supervision or aftercare supervision hearing, or action by the
15department or county department relating to a violation of a condition of the
16juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential
17care center for children and youth or a condition of the juvenile's participation in the
18intensive supervision program under s. 938.534. For juveniles who have been
19adjudged delinquent, the delinquent act referred to in this section may be the act for
20which the juvenile was adjudged delinquent. If the intake worker determines that
21any of the following conditions applies, the juvenile is considered to present a
22substantial risk of physical harm to another person:
SB21,4655
23Section
4655. 938.34 (4n) (intro.) of the statutes is amended to read:
SB21,1708,924
938.34
(4n) Aftercare
Community supervision or aftercare supervision. 25(intro.)
Subject In the case of a juvenile who has been placed in a juvenile correctional
1facility or a secured residential care center for children and youth, designate the
2department to provide community supervision for the juvenile following the
3juvenile's release from that facility or center or, subject to any arrangement between
4the department and a county department regarding the provision of aftercare
5supervision for juveniles who have been released from a juvenile correctional facility
6or a secured residential care center for children and youth, designate one of the
7following to provide aftercare supervision for the juvenile following the juvenile's
8release from
the juvenile correctional that facility or
secured residential care center
9for children and youth:
SB21,4656
10Section
4656. 938.34 (4n) (a) of the statutes is repealed.
SB21,4657
11Section
4657. 938.355 (6d) (b) (title) of the statutes is amended to read:
SB21,1708,1212
938.355
(6d) (b) (title)
Violation of condition of county aftercare supervision.
SB21,4658
13Section
4658. 938.355 (6d) (b) 1. of the statutes is amended to read:
SB21,1708,2314
938.355
(6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
152g., 2m., and 2r., if a juvenile who is on aftercare supervision
administered by a
16county department violates a condition of that supervision, the juvenile's caseworker
17or any other person authorized to provide or providing intake or dispositional
18services for the court under s. 938.067 or 938.069 may, without a hearing, take the
19juvenile into custody and place the juvenile in a juvenile detention facility or juvenile
20portion of a county jail that meets the standards promulgated by the department by
21rule or in a place of nonsecure custody designated by that person for not more than
2272 hours while the alleged violation and the appropriateness of revoking the
23juvenile's aftercare status are being investigated.
SB21,4659
24Section
4659. 938.355 (6d) (b) 2. of the statutes is amended to read:
SB21,1709,17
1938.355
(6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
22g., 2m., and 2r., if a juvenile who is on aftercare supervision
administered by the
3county department violates a condition of that supervision, the juvenile's caseworker
4or any other person authorized to provide or providing intake or dispositional
5services for the court under s. 938.067 or 938.069 may, without a hearing, take the
6juvenile into custody and place the juvenile in a juvenile detention facility or juvenile
7portion of a county jail that meets the standards promulgated by the department by
8rule or in a place of nonsecure custody designated by that person for not more than
972 hours as a consequence of that violation. A person who takes a juvenile into
10custody under this subdivision shall permit the juvenile to make a written or oral
11statement concerning the possible placement of the juvenile and the course of
12conduct for which the juvenile was taken into custody. A person designated by the
13court or the county department who is employed in a supervisory position by a person
14authorized to provide or providing intake or dispositional services under s. 938.067
15or 938.069 shall review that statement and either approve the placement of the
16juvenile, modify the terms of the placement, or order the juvenile to be released from
17custody.
SB21,4660
18Section
4660. 938.355 (6d) (b) 2g. of the statutes is amended to read:
SB21,1709,2319
938.355
(6d) (b) 2g. The taking into custody and placement of a juvenile under
20subd. 1. or 2. is subject to any general written policies adopted by the court under s.
21938.06 (1) and (2), to any policies adopted by the county department relating to
22aftercare supervision
administered by the county department, and to any policies
23adopted by the county board relating to such taking into custody and placement.
SB21,4661
24Section
4661. 938.355 (6d) (b) 4. of the statutes is amended to read:
SB21,1710,3
1938.355
(6d) (b) 4. Subject to par. (d), subds. 1. and 2. do not preclude a juvenile
2who has violated a condition of aftercare supervision
administered by a county
3department from being taken into and held in custody under ss. 938.19 to 938.21.
SB21,4662
4Section
4662. 938.357 (4) (a) of the statutes is amended to read:
SB21,1710,205
938.357
(4) (a) When the juvenile is placed with the department, the
6department may, after an examination under s. 938.50, place the juvenile in a
7juvenile correctional facility or a secured residential care center for children and
8youth or on
community supervision or aftercare supervision, either immediately or
9after a period of placement in a juvenile correctional facility or a secured residential
10care center for children and youth. The department shall send written notice of the
11change in placement to the parent, guardian, legal custodian, county department
12designated under s. 938.34 (4n), if any, and committing court. If the department
13places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare
14agency, the department shall reimburse the child welfare agency at the rate
15established under s. 49.343 that is applicable to the type of placement that the child
16welfare agency is providing for the juvenile. A juvenile who is placed in a Type 2
17juvenile correctional facility or a secured residential care center for children and
18youth remains under the supervision of the department, remains subject to the rules
19and discipline of that department, and is considered to be in custody, as defined in
20s. 946.42 (1) (a).
SB21,4663
21Section
4663. 938.357 (4g) (title) of the statutes is amended to read:
SB21,1710,2222
938.357
(4g) (title)
Aftercare Community supervision or aftercare plan.
SB21,4664
23Section
4664. 938.357 (4g) (a) of the statutes is amended to read:
SB21,1711,824
938.357
(4g) (a) Not later than 120 days after the date on which the juvenile
25is placed in a juvenile correctional facility or a secured residential care center for
1children and youth, or within 30 days after the date on which the department
2requests the
community supervision or aftercare plan, whichever is earlier, the
3community supervision or aftercare provider designated under s. 938.34 (4n) shall
4prepare
an a community supervision or aftercare plan for the juvenile. If the
juvenile
5is to be placed on aftercare supervision, the county department designated
as the 6aftercare provider
is a county department, that county department shall submit the
7aftercare plan to the department within the applicable
time period specified in this
8paragraph, unless the department waives the
time period under par. (b).
SB21,4665
9Section
4665. 938.357 (4g) (b) of the statutes is amended to read:
SB21,1711,1810
938.357
(4g) (b) The department may waive the
time period within which
an 11a community supervision plan or aftercare plan must be prepared and submitted
12under par. (a) if the department anticipates that the juvenile will remain in the
13juvenile correctional facility or secured residential care center for children and youth
14for a period exceeding 8 months or if the juvenile is subject to s. 938.183. If the
15department waives that
time period, the designated
community supervision or 16aftercare provider shall prepare the
community supervision or aftercare plan within
1730 days after the date on which the department requests the
community supervision
18or aftercare plan.
SB21,4666
19Section
4666. 938.357 (4g) (c) (intro.) of the statutes is amended to read:
SB21,1711,2120
938.357
(4g) (c) (intro.)
An A community supervision or aftercare plan shall
21include all of the following:
SB21,4667
22Section
4667. 938.357 (4g) (c) 2. of the statutes is amended to read:
SB21,1711,2423
938.357
(4g) (c) 2. The conditions, if any, under which the juvenile's
community
24supervision or aftercare status may be revoked.
SB21,4668
25Section
4668. 938.357 (4g) (c) 3. of the statutes is amended to read:
SB21,1712,2
1938.357
(4g) (c) 3. Services or programming to be provided to the juvenile while
2on
community supervision or aftercare
supervision.
SB21,4669
3Section
4669. 938.357 (4g) (c) 4. of the statutes is amended to read:
SB21,1712,54
938.357
(4g) (c) 4. The estimated length of time that
community supervision
5and services or aftercare supervision and services shall be provided to the juvenile.
SB21,4670
6Section
4670. 938.357 (4g) (d) of the statutes is amended to read:
SB21,1712,97
938.357
(4g) (d) A juvenile may be released from a juvenile correctional facility
8or a secured residential care center for children and youth whether or not
an a
9community supervision or aftercare plan has been prepared under this subsection.
SB21,4671
10Section
4671. 938.357 (4m) of the statutes is amended to read:
SB21,1712,1411
938.357
(4m) Release to community supervision or aftercare supervision. 12The department shall try to release a juvenile to
community supervision or aftercare
13supervision under sub. (4) within 30 days after the date the department determines
14the juvenile is eligible for the release.
SB21,4672
15Section
4672. 938.357 (5) (title) of the statutes is amended to read:
SB21,1712,1716
938.357
(5) (title)
Revocation of community supervision or aftercare
17supervision.
SB21,4673
18Section
4673. 938.357 (5) (a) of the statutes is amended to read:
SB21,1712,2519
938.357
(5) (a)
The If a juvenile has been placed on community supervision, the 20department
or a may revoke the community supervision status of that juvenile as
21provided in this subsection. If a juvenile has been placed on aftercare supervision,
22the county department
, whichever that has been designated as a juvenile's aftercare
23provider
, may revoke the aftercare status of that juvenile
as provided in this
24subsection. Prior notice of a change in placement under sub. (1) (am) 1. is not
25required.
SB21,4674
1Section
4674. 938.357 (5) (b) of the statutes is amended to read:
SB21,1713,52
938.357
(5) (b)
A juvenile on community supervision status may be taken into
3custody only as provided in ss. 938.19 to 938.21 or 938.533 (3) (a). A juvenile on
4aftercare status may be taken into custody only as provided in ss. 938.19 to 938.21
5and or 938.355 (6d) (b).
SB21,4675
6Section
4675. 938.357 (5) (d) of the statutes is amended to read:
SB21,1713,127
938.357
(5) (d) A hearing on the revocation shall be conducted by the division
8of hearings and appeals in the department of administration within 30 days after the
9juvenile is taken into custody for an alleged violation of a condition of the juvenile's
10community supervision or aftercare supervision. This
time period may be waived
11only upon the agreement of the
community supervision or aftercare provider, the
12juvenile, and the juvenile's counsel.
SB21,4676
13Section
4676. 938.357 (5) (e) of the statutes is amended to read:
SB21,1713,1914
938.357
(5) (e) If the hearing examiner finds that the juvenile has violated a
15condition of
community supervision or aftercare supervision, the hearing examiner
16shall determine whether confinement in a juvenile correctional facility or a secured
17residential care center for children and youth is necessary to protect the public, to
18provide for the juvenile's rehabilitation, or to not depreciate the seriousness of the
19violation.
SB21,4677
20Section
4677. 938.357 (5) (g) of the statutes is amended to read:
SB21,1714,221
938.357
(5) (g) The department shall promulgate rules setting standards to be
22used by a hearing examiner to determine whether to revoke a juvenile's
community
23supervision or aftercare status. The standards shall specify that the burden is on the
24department or county department seeking revocation to show by a preponderance of
1the evidence that the juvenile violated a condition of
community supervision or 2aftercare supervision.
SB21,4678
3Section
4678. 938.365 (7) of the statutes is amended to read:
SB21,1714,84
938.365
(7) Changes in placement and trial reunifications not permitted. 5Nothing in this section may be construed to allow any changes in placement, trial
6reunification, or revocation of
community supervision or aftercare supervision.
7Revocation and other changes in placement may take place only under s. 938.357,
8and trial reunifications may take place only under s. 938.358.
SB21,4679
9Section
4679. 938.366 (1) of the statutes is renumbered 938.366 (1) (intro.)
10and amended to read:
SB21,1714,1411
938.366
(1) (intro.)
Applicability. This section applies to a person who is
a
12full-time student of a secondary school or its vocational or technical equivalent, for
13whom an individualized education program under s. 115.787 is in effect, and to whom
14any of the following applies:
SB21,1714,22
15(a) The person is placed in a foster home, group home, or residential care center
16for children and youth, in the home of a relative other than a parent, or in a
17supervised independent living arrangement under an order under s. 938.355,
18938.357, or 938.365 that terminates as provided in s. 938.355 (4) (am) 1., 2., or 3.,
19938.357 (6) (a) 1., 2., or 3., or 938.365 (5) (b) 1., 2., or 3. on or after the person attains
2018 years of age
, who is a full-time student of a secondary school or its vocational or
21technical equivalent, and for whom an individualized education program under s.
22115.787 is in effect.
SB21,4680
23Section
4680. 938.366 (1) (b) of the statutes is created to read:
SB21,1714,2524
938.366
(1) (b) The person is placed in a shelter care facility on the date on
25which an order specified in par. (a) terminates.
SB21,4681
1Section
4681. 938.366 (2) (a) of the statutes is amended to read:
SB21,1715,152
938.366
(2) (a) Not less than 120 days before an order described in sub. (1)
(a) 3terminates, the agency primarily responsible for providing services under the order
4shall request the person who is the subject of the order to indicate whether he or she
5wishes to be discharged from out-of-home care on termination of the order, wishes
6to continue in out-of-home care until the date specified in s. 938.365 (5) (b) 4. under
7an extension of the order, or wishes to continue in out-of-home care under a
8voluntary agreement under sub. (3). If the person indicates that he or she wishes to
9be discharged from out-of-home care on termination of the order, the agency shall
10request a transition-to-discharge hearing under par. (b). If the person indicates that
11he or she wishes to continue in out-of-home care under an extension of the order, the
12agency shall request an extension of the order under s. 938.365. If the person
13indicates that he or she wishes to continue in out-of-home care under a voluntary
14agreement under sub. (3), the agency and the person shall enter into such an
15agreement.
SB21,4682
16Section
4682. 938.366 (2) (b) 1. of the statutes is amended to read:
SB21,1716,217
938.366
(2) (b) 1. If the person who is the subject of an order described in sub.
18(1)
(a) indicates that he or she wishes to be discharged from out-of-home care on
19termination of the order, the agency primarily responsible for providing services to
20the person under the order shall request the court to hold a transition-to-discharge
21hearing and shall cause notice of that request to be provided to that person, the
22parent, guardian, and legal custodian of that person, any foster parent or other
23physical custodian described in s. 48.62 (2) of that person, all parties who are bound
24by the dispositional order, and, if that person is an Indian juvenile who has been
1removed from the home of his or her parent or Indian custodian, that person's Indian
2custodian and tribe.
SB21,4683
3Section
4683. 938.366 (2) (b) 3. of the statutes is amended to read:
SB21,1716,84
938.366
(2) (b) 3. At the hearing the court shall review with the person who is
5the subject of an order described in sub. (1)
(a) the options specified in par. (a) and
6shall advise the person that he or she may continue in out-of-home care as provided
7in par. (a) under an extension of the order or under a voluntary agreement under sub.
8(3).
SB21,4684
9Section
4684. 938.366 (2) (b) 4. of the statutes is amended to read:
SB21,1716,2410
938.366
(2) (b) 4. If the court determines that the person who is the subject of
11an order described in sub. (1)
(a) understands that he or she may continue in
12out-of-home care, but wishes to be discharged from that care on termination of the
13order, the court shall advise the person that he or she may enter into a voluntary
14agreement under sub. (3) at any time before he or she is granted a high school or high
15school equivalency diploma or reaches 21 years of age, whichever occurs first, so long
16as he or she is a full-time student at a secondary school or its vocational or technical
17equivalent and an individualized education program under s. 115.787 is in effect for
18him or her. If the court determines that the person wishes to continue in
19out-of-home care under an extension of the order described in sub. (1)
(a), the court
20shall schedule an extension hearing under s. 938.365. If the court determines that
21the person wishes to continue in out-of-home care under a voluntary agreement
22under sub. (3), the court shall order the agency primarily responsible for providing
23services to the person under the order to provide transition-to-independent-living
24services for the person under a voluntary agreement under sub. (3).
SB21,4685
25Section
4685. 938.366 (3) (a) of the statutes is amended to read:
SB21,1717,11
1938.366
(3) (a) On termination of an order described in sub. (1)
(a), the person
2who is the subject of the order, or the person's guardian on behalf of the person, and
3the agency primarily responsible for providing services to the person under the order
4may enter into a transition-to-independent-living agreement under which the
5person continues in out-of-home care and continues to be a full-time student at a
6secondary school or its vocational or technical equivalent under an individualized
7education program under s. 115.787 until the date on which the person reaches 21
8years of age, is granted a high school or high school equivalency diploma, or
9terminates the agreement as provided in par. (b), whichever occurs first, and the
10agency provides services to the person to assist him or her in transitioning to
11independent living.
SB21,4686
12Section
4686. 938.366 (3) (am) of the statutes is created to read:
SB21,1717,2013
938.366
(3) (am) 1. The agency primarily responsible for providing services
14under the agreement shall petition the court for a determination that the person's
15placement in out-of-home care under the agreement is in the best interests of the
16person. The request shall contain the name and address of the placement and a
17statement describing why the placement is in the best interests of the person and
18shall have a copy of the agreement attached to it. The agency shall cause written
19notice of the petition to be sent to the person who is the subject of the agreement and
20the person's guardian.
SB21,1717,2521
2. On receipt of a petition under subd. 1., the court shall schedule a hearing on
22the petition. Not less than 3 days before the hearing the agency primarily
23responsible for providing services under the agreement or the court shall provide
24notice of the hearing to all persons who are entitled to receive notice under subd. 1.
25A copy of the petition shall be attached to the notice.
SB21,1718,4
13. If the court finds that the person's placement in out-of-home care under the
2agreement is in the best interests of the person, the court shall grant an order
3determining that placement in out-of-home care under the agreement is in the best
4interests of the person.
SB21,4687
5Section
4687. 938.366 (3) (d) of the statutes is created to read:
SB21,1718,116
938.366
(3) (d) If the agency that enters into a voluntary agreement under this
7subsection is the department or a county department, the voluntary agreement shall
8also specifically state that the department or the county department has placement
9and care responsibility for the person who is the subject of the agreement as required
10under
42 USC 672 (a) (2) and has primary responsibility for providing services to the
11person.
SB21,4688
12Section
4688. 938.366 (3g) of the statutes is created to read:
SB21,1718,1613
938.366
(3g) Appeal procedures. Any person who is aggrieved by the failure
14of an agency to enter into a transition-to-independent-living agreement under sub.
15(3) or by an agency's termination of such an agreement has the right to a contested
16case hearing under ch. 227.
SB21,4689
17Section
4689. 938.366 (4) (a) of the statutes is amended to read:
SB21,1718,2118
938.366
(4) (a) Rules permitting a foster home, group home, or residential care
19center for children and youth to provide care for persons who agree to continue in
20out-of-home care under an extension of an order described in sub. (1)
(a) or a
21voluntary agreement under sub. (3).
SB21,4690
22Section
4690. 938.38 (1) (ap) of the statutes is created to read:
SB21,1718,2423
938.38
(1) (ap) "Juvenile" includes a person 17 years of age or over for whom
24a permanency plan is required under sub. (2).
SB21,4691
25Section
4691. 938.38 (2) (d) of the statutes is amended to read:
SB21,1719,3
1938.38
(2) (d) The juvenile was placed under a voluntary agreement between
2the agency and the juvenile's parent under s. 48.63 (1) (a) or (5) (b)
or under a
3voluntary transition-to-independent-living agreement under s. 938.366 (3).
SB21,4692
4Section
4692. 938.38 (4) (fg) 5. of the statutes is amended to read:
SB21,1719,85
938.38
(4) (fg) 5. As provided in par. (fm),
placement in some other planned
6permanent living arrangement that includes an appropriate, enduring relationship
7with an adult, including sustaining care
or long-term foster care, but not including
8independent living, or the goal of transitioning the juvenile to independence.
SB21,4693
9Section
4693. 938.38 (4) (fg) 6. of the statutes is repealed.
SB21,4694
10Section
4694. 938.38 (4) (fm) of the statutes is amended to read:
SB21,1719,2211
938.38
(4) (fm) If the agency determines that there is a compelling reason why
12it currently would not be in the best interests of the juvenile to return the juvenile
13to his or her home or to place the juvenile for adoption, with a guardian, or with a fit
14and willing relative as the permanency goal for the juvenile, the permanency goal
15of placing the juvenile in some other planned permanent living arrangement
or of
16transitioning the juvenile to independence as described in par. (fg) 5. If the agency
17makes that determination, the plan shall include the efforts made to achieve that
18permanency goal, including, if appropriate, through an out-of-state placement, a
19statement of that compelling reason, and, notwithstanding that compelling reason,
20a concurrent plan under s. 938.355 (2b) towards achieving a goal under par. (fg) 1.
21to 4. as a concurrent permanency goal in addition to the permanency goal under par.
22(fg) 5.
SB21,4695
23Section
4695. 938.38 (5) (a) of the statutes is amended to read:
SB21,1720,1024
938.38
(5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel
25appointed under par. (ag) shall review the permanency plan
for each juvenile for
1whom a permanency plan is required under sub. (2) in the manner provided in this
2subsection not later than 6 months after the date on which the juvenile was first
3removed from his or her home and every 6 months after a previous review under this
4subsection for as long as the juvenile is placed outside the home, except that for the
5review that is required to be conducted not later than 12 months after the juvenile
6was first removed from his or her home and the reviews that are required to be
7conducted every 12 months after that review, the court shall hold a hearing under
8sub. (5m) to review the permanency plan. The hearing may be instead of or in
9addition to the review under this subsection. The 6-month and 12-month periods
10referred to in this paragraph include trial reunifications under s. 938.358.
SB21,4696
11Section
4696. 938.38 (5) (c) 6. d. of the statutes is amended to read: