SB378,73,2315
938.357
(4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility
16operated by a child welfare agency under par. (a) and it appears that a less restrictive
17placement would be appropriate for the juvenile, the department
of corrections, after
18consulting with the child welfare agency that is operating the Type 2 juvenile
19correctional facility, may place the juvenile in a less restrictive placement, and may
20return the juvenile to the Type 2 juvenile correctional facility without a hearing
21under sub. (1) (am) 2. The rate for each type of placement shall be established by the
22department
of children and families, in consultation with the department of
23corrections, in the manner provided in s. 49.343.
SB378,254
24Section
254. 938.357 (4) (c) 2. of the statutes is amended to read:
SB378,74,13
1938.357
(4) (c) 2. If a juvenile is placed in a Type 2 residential care center for
2children and youth under s. 938.34 (4d) and it appears that a less restrictive
3placement would be appropriate for the juvenile, the child welfare agency operating
4the Type 2 residential care center for children and youth shall notify the county
5department that has supervision over the juvenile and, if the county department
6agrees to a change in placement under this subdivision, the child welfare agency may
7place the juvenile in a less restrictive placement. A child welfare agency may also,
8with the agreement of the county department that has supervision over a juvenile
9who is placed in a less restrictive placement under this subdivision, return the
10juvenile to the Type 2 residential care center for children and youth without a
11hearing under sub. (1) (am) 2. The rate for each type of placement shall be
12established by the department
of children and families, in consultation with the
13department of corrections, in the manner provided in s. 49.343.
SB378,255
14Section
255. 938.357 (4) (c) 4. of the statutes is amended to read:
SB378,74,1715
938.357
(4) (c) 4. A juvenile may seek review of a decision of the department
16of corrections or county department under subd. 1. or 2. only by the common law writ
17of certiorari.
SB378,75,420
938.357
(4g) (a) Not later than 120 days after the date on which the juvenile
21is placed in a juvenile correctional facility or a secured residential care center for
22children and youth, or within 30 days after the date on which the department
of
23corrections requests the community supervision or aftercare plan, whichever is
24earlier, the community supervision or aftercare provider designated under s. 938.34
25(4n) shall prepare a community supervision or aftercare plan for the juvenile. If the
1juvenile is to be placed on aftercare supervision, the county department designated
2as the aftercare provider shall submit the aftercare plan to the department
of
3corrections within the applicable period specified in this paragraph, unless the
4department
of corrections waives the period under par. (b).
SB378,75,157
938.357
(4g) (b) The department
of corrections may waive the period within
8which a community supervision plan or aftercare plan must be prepared and
9submitted under par. (a) if
that the department anticipates that the juvenile will
10remain in the juvenile correctional facility or secured residential care center for
11children and youth for a period exceeding 8 months or if the juvenile is subject to s.
12938.183. If the department
of corrections waives that period, the designated
13community supervision or aftercare provider shall prepare the community
14supervision or aftercare plan within 30 days after the date on which the department
15of corrections requests the community supervision or aftercare plan.
SB378,75,2118
938.357
(4m) Release to community supervision or aftercare supervision. 19The department
of corrections shall try to release a juvenile to community
20supervision or aftercare supervision under sub. (4) within 30 days after the date on
21which
that the department determines the juvenile is eligible for the release.
SB378,76,524
938.357
(5) (a) If a juvenile has been placed on community supervision, the
25department
of corrections may revoke the community supervision status of that
1juvenile as provided in this subsection. If a juvenile has been placed on aftercare
2supervision, the county department that has been designated as a juvenile's
3aftercare provider may revoke the aftercare status of that juvenile as provided in this
4subsection. Prior notice of a change in placement under sub. (1) (am) 1. is not
5required.
SB378,76,138
938.357
(5) (g) The department
of corrections shall promulgate rules setting
9standards to be used by a hearing examiner to determine whether to revoke a
10juvenile's community supervision or aftercare status. The standards shall specify
11that the burden is on the department
of corrections or county department seeking
12revocation to show by a preponderance of the evidence that the juvenile violated a
13condition of community supervision or aftercare supervision.
SB378,261
14Section 261
. 938.357 (5m) (a) of the statutes is amended to read:
SB378,77,215
938.357
(5m) (a) If a proposed change in placement would change a juvenile's
16placement from a placement in the juvenile's home to a placement outside the
17juvenile's home, the court shall order the juvenile's parent to provide a statement of
18the income, assets, debts, and living expenses of the juvenile and the juvenile's
19parent to the court or the person or agency primarily responsible for implementing
20the dispositional order by a date specified by the court. The clerk of court shall
21provide, without charge, to any parent ordered to provide that statement a document
22setting forth the percentage standard established by the department
of children and
23families under s. 49.22 (9) and the manner of its application established by the
24department
of corrections under s.
301.12 49.345 (14) (g) and listing the factors under
25s.
301.12 49.345 (14) (c). If the juvenile is placed outside the juvenile's home, the
1court shall determine the liability of the parent in the manner provided in s.
301.12 249.345 (14).
SB378,262
3Section
262. 938.36 (1) (a) of the statutes is amended to read:
SB378,77,184
938.36
(1) (a) If legal custody is transferred from the parent or guardian or the
5court otherwise designates an alternative placement for the juvenile by a consent
6decree under s. 938.32, a disposition made under s. 938.183, 938.34, or 938.345, or
7a change in placement under s. 938.357, the duty of the parent or guardian to provide
8support shall continue even though the legal custodian or the placement designee
9may provide the support. A copy of the order transferring custody or designating
10alternative placement for the juvenile shall be submitted to the agency or person
11receiving custody or placement and the agency or person may apply to the court for
12an order to compel the parent or guardian to provide the support. Support payments
13for residential services, when purchased or otherwise funded or provided by the
14department
of corrections, or a county department under s. 46.215, 46.22 or 46.23,
15shall be determined under s.
301.12 49.345 (14). Support payments for residential
16services, when purchased or otherwise funded by the department of health services,
17or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10
18(14).
SB378,263
19Section
263. 938.36 (2) of the statutes is amended to read:
SB378,78,220
938.36
(2) Services or treatment; county payment; parental contribution. If
21a juvenile whose legal custody has not been taken from a parent or guardian is given
22educational and social services, or medical, psychological, or psychiatric treatment
23by order of the court, the court may order the county to pay for those services or
24treatment. This section does not prevent recovery of reasonable contribution toward
25the costs from the parent or guardian of the juvenile as the court may order based
1on the ability of the parent or guardian to pay. This subsection is subject to s.
301.03
2(18) 49.32 (1).
SB378,264
3Section 264
. 938.363 (1) (c) of the statutes is amended to read:
SB378,78,134
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 the manner of its application established
12by the department
of corrections under s.
301.12 49.345 (14) (g) and listing the factors
13under s.
301.12 49.345 (14) (c).
SB378,265
14Section
265. 938.363 (2) of the statutes is amended to read:
SB378,78,1915
938.363
(2) Revision of support. If the court revises the amount of child
16support to be paid by a parent under the dispositional order for the care and
17maintenance of the parent's juvenile who has been placed by a court order under this
18chapter in a residential, nonmedical facility, the court shall determine the liability
19of the parent under s.
301.12 49.345 (14).
SB378,266
20Section
266. 938.38 (1) (a) of the statutes is amended to read:
SB378,78,2221
938.38
(1) (a) “Agency" means the department of children and families,
the
22department of corrections, a county department, or a licensed child welfare agency.
SB378,267
23Section
267. 938.396 (2g) (b) 1. of the statutes is amended to read:
SB378,79,624
938.396
(2g) (b) 1. Upon request of the department
of corrections, the
25department of children and families, or a federal agency to review court records for
1the purpose of monitoring and conducting periodic evaluations of activities as
2required by and implemented under
45 CFR 1355,
1356, and
1357, the court shall
3open those records for inspection and copying by authorized representatives of the
4requester. Those representatives shall keep those records confidential and may use
5and further disclose those records only for the purpose for which those records were
6requested.
SB378,268
7Section
268. 938.48 (intro.) of the statutes is repealed.
SB378,269
8Section
269. 938.48 (1) of the statutes is repealed.
SB378,270
9Section
270. 938.48 (3) of the statutes is renumbered 938.485 (7).
SB378,271
10Section
271. 938.48 (4) of the statutes is renumbered 938.485 (8).
SB378,272
11Section
272. 938.48 (4m) of the statutes is renumbered 938.485 (9).
SB378,273
12Section
273. 938.48 (5) of the statutes is renumbered 938.485 (11).
SB378,274
13Section
274. 938.48 (6) of the statutes is renumbered 938.485 (12).
SB378,276
16Section
276. 938.48 (14) of the statutes is renumbered 938.485 (14) and
17amended to read:
SB378,79,2518
938.485
(14) School-related expenses for juveniles over 17. Pay
19maintenance, tuition, and related expenses from the appropriation under s.
20.410
20(3) 20.437 (4) (ho) for persons who, when they attained 17 years of age, were students
21regularly attending a school, college, or university or regularly attending a course of
22vocational or technical training designed to prepare them for gainful employment,
23and who upon attaining that age were under the supervision of the department
24under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) as a result of a judicial
25decision.
SB378,277
1Section
277. 938.48 (16) of the statutes is repealed.
SB378,278
2Section
278. 938.485 (1) of the statutes is amended to read:
SB378,80,93
938.485
(1) Enforcement of laws. Promote the enforcement of the laws
4relating to delinquent juveniles and juveniles in need of protection or services and
5take the initiative in all matters involving the interests of those juveniles when
6adequate provision for those matters is not made. This duty shall be discharged in
7cooperation with the courts,
the department of corrections, county departments,
8licensed child welfare agencies, parents, and other individuals interested in the
9welfare of juveniles.
SB378,279
10Section
279. 938.485 (4) of the statutes is amended to read:
SB378,80,1811
938.485
(4) Reimbursement of tribes and counties for tribal delinquency
12placements. Reimburse Indian tribes and county departments, from the
13appropriation under s. 20.437
(1) (4) (kp), for unexpected or unusually high-cost
14out-of-home care placements of Indian juveniles who have been adjudicated
15delinquent by tribal courts. In this subsection, “unusually high-cost out-of-home
16care placements" means the amount by which the cost to an Indian tribe or to a
17county department of out-of-home care placements of Indian juveniles who have
18been adjudicated delinquent by tribal courts exceeds $50,000 in a fiscal year.
SB378,280
19Section
280. 938.485 (5) of the statutes is amended to read:
SB378,80,2220
938.485
(5) Standards for services. Establish Based on research into effective
21correctional programs and practices, establish and enforce standards for services
22under s. 938.183, 938.34, or 938.345
, other than juvenile correctional services.
SB378,281
23Section
281. 938.485 (10) (title) of the statutes is created to read:
SB378,80,2424
938.485
(10) (title)
Juveniles under department jurisdiction.
SB378,282
25Section
282. 938.485 (18) of the statutes is created to read:
SB378,81,2
1938.485
(18) Purchase of care and services. (a) Contract with public or
2voluntary agencies or others for the following purposes:
SB378,81,53
1. To purchase in full or in part care and services that the department is
4authorized by any statute to provide as an alternative to providing that care and
5those services itself.
SB378,81,96
2. To purchase or provide in full or in part the care and services that county
7agencies may provide or purchase under any statute and to sell to county agencies
8such portions of that care and those services as the county agency may desire to
9purchase.
SB378,81,1110
3. To sell services, under contract, that the department is authorized to provide
11by statute, to any federally recognized tribal governing body.
SB378,283
12Section
283. 938.49 (title) of the statutes is amended to read:
SB378,81,14
13938.49 (title)
Notification by court of placement with department of
14corrections; transfer of reports and records.
SB378,284
15Section
284. 938.49 (1) of the statutes is amended to read:
SB378,81,2216
938.49
(1) Notice to department
of corrections of placement. When a court
17places a juvenile in a juvenile correctional facility or secured residential care center
18for children and youth under the supervision of the department
of corrections, the
19court shall immediately notify
that the department of that action. The court shall,
20in accordance with procedures established by the department
of corrections, provide
21transportation for the juvenile to a receiving center designated by
that the 22department or deliver the juvenile to personnel of
that the department.
SB378,285
23Section
285. 938.49 (2) (intro.) of the statutes is amended to read:
SB378,82,224
938.49
(2) Transfer of court report and pupil records. (intro.) When a court
25places a juvenile in a juvenile correctional facility or a secured residential care center
1for children and youth under the supervision of the department
of corrections, the
2court and all other public agencies shall immediately do all of the following:
SB378,286
3Section
286. 938.49 (2) (a) of the statutes is amended to read:
SB378,82,64
938.49
(2) (a) Transfer to the department
of corrections a copy of the report
5submitted to the court under s. 938.33 or, if the report was presented orally, a
6transcript of the report and all other pertinent data in their possession.
SB378,82,22
9938.50 Examination of juveniles under supervision of department [of
10corrections]. The department
of corrections shall examine every juvenile who is
11placed under its supervision to determine the type of placement best suited to the
12juvenile and to the protection of the public. The examination shall include an
13investigation of the personal and family history of the juvenile and his or her
14environment, any physical or mental examinations necessary to determine the type
15of placement appropriate for the juvenile, and an evaluation under s. 938.533 (3) (a)
16to determine the appropriate level of supervision and services based on the juvenile's
17risks and needs. The department
of corrections shall screen a juvenile who is
18examined under this section to determine whether the juvenile is in need of special
19treatment or care because of alcohol or other drug abuse, mental illness, or severe
20emotional disturbance. In making the examination the department
of corrections 21may use any facilities, public or private, that offer assistance in determining the
22correct placement for the juvenile.
SB378,288
23Section
288. 938.505 (1) of the statutes is amended to read:
SB378,83,824
938.505
(1) Rights and duties of department of corrections or county
25department. When a juvenile is placed under the supervision of the department
of
1corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) or (5) (e) or under
2the supervision of a county department under s. 938.34 (4n), the department
of
3corrections or county department, whichever has supervision over the juvenile, shall
4have the right and duty to protect, train, discipline, treat, and confine the juvenile
5and to provide food, shelter, legal services, education, and ordinary medical and
6dental care for the juvenile, subject to the rights, duties, and responsibilities of the
7guardian of the juvenile and subject to any residual parental rights and
8responsibilities and the provisions of any court order.
SB378,289
9Section
289. 938.505 (2) (a) (intro.) of the statutes is amended to read:
SB378,83,2310
938.505
(2) (a) (intro.) If a juvenile 14 years of age or older is under the
11supervision of the department
of corrections or a county department as described in
12sub. (1), is not residing in his or her home, and wishes to be administered
13psychotropic medication but a parent with legal custody or the guardian refuses to
14consent to the administration of psychotropic medication or cannot be found, or if
15there is no parent with legal custody, the department
of corrections or county
16department acting on the juvenile's behalf may petition the court assigned to
17exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile
18is located for permission to administer psychotropic medication to the juvenile. A
19copy of the petition and a notice of hearing shall be served upon the parent or
20guardian at his or her last-known address. If, after hearing, the court determines
21that all of the following apply, the court shall grant permission for the department
22of corrections or county department to administer psychotropic medication to the
23juvenile without the parent's or guardian's consent:
SB378,290
24Section
290. 938.505 (2) (b) of the statutes is amended to read:
SB378,84,4
1938.505
(2) (b) The court may, at the request of the department
of corrections 2or county department, temporarily approve the administration of psychotropic
3medication, for not more than 10 days after the date of the request, pending the
4hearing on the petition. The hearing shall be held within that 10-day period.
SB378,291
5Section
291. 938.51 (1) (intro.) of the statutes is amended to read:
SB378,84,136
938.51
(1) Release from secured facility or supervision. (intro.) At least 15
7days prior to the date of release from a juvenile correctional facility or a secured
8residential care center for children and youth of a juvenile who has been adjudicated
9delinquent and at least 15 days prior to the release from the supervision of the
10department
of corrections or a county department of a juvenile who has been
11adjudicated delinquent, the department
of corrections or county department,
12whichever has supervision over the juvenile, shall make a reasonable attempt to do
13all of the following:
SB378,292
14Section
292. 938.51 (1d) (intro.) of the statutes is amended to read:
SB378,84,2515
938.51
(1d) Release from nonsecured residential care center. (intro.) At
16least 15 days prior to the release from a nonsecured residential care center for
17children and youth of a juvenile who has either been adjudicated delinquent under
18s. 48.12, 1993 stats., or s. 938.12 or been found to be in need of protection or services
19under s. 48.13 (12), 1993 stats., or s. 938.13 (12) and who has been found to have
20committed a violation of ch. 940 or of s. 948.02, 948.025, 948.03, or 948.085 (2), and
21at least 15 days prior to the release from a nonsecured residential care center for
22children and youth of a juvenile who has been found to be in need of protection or
23services under s. 48.13 (14), 1993 stats., or s. 938.13 (14), the department
of
24corrections or county department, whichever has supervision over the juvenile, shall
25notify all of the following persons of the juvenile's release:
SB378,85,123
938.51
(1m) Notification of local agencies. The department
of corrections 4or county department, whichever has supervision over a juvenile described in sub.
5(1), shall determine the local agencies that it will notify under sub. (1) (a) based on
6the residence of the juvenile's parents or on the juvenile's intended residence
7specified in the juvenile's community supervision plan or aftercare supervision plan
8or, if those methods do not indicate the community in which the juvenile will reside
9following release from a juvenile correctional facility or a secured residential care
10center for children and youth or from the supervision of the department
of corrections 11or county department, the community in which the juvenile states that he or she
12intends to reside.
SB378,294
13Section
294. 938.51 (2) of the statutes is amended to read:
SB378,86,714
938.51
(2) Notification request cards. The department
of corrections shall
15design and prepare cards for any person specified in sub. (1) (b), (c), (cm), or (d) to
16send to the department
of corrections or county department, whichever has
17supervision over a juvenile described in sub. (1), (1d), or (1g). The cards shall have
18space for the person's name, telephone number and mailing address, the name of the
19applicable juvenile, and any other information that the department
of corrections 20determines is necessary. The cards shall advise a victim who is under 18 years of age
21that he or she may complete a card requesting notification under sub. (1) (b), (1d),
22or (1g) if the notification occurs after the victim attains 18 years of age and advising
23the parent or guardian of a victim who is under 18 years of age that the parent or
24guardian may authorize on the card direct notification of the victim under sub. (1)
25(b), (1d), or (1g) if the notification occurs after the victim attains 18 years of age. The
1department
of corrections shall provide the cards, without charge, to district
2attorneys. District attorneys shall provide the cards, without charge, to persons
3specified in sub. (1) (b) to (d). These persons may send completed cards to the
4department
of corrections or county department, whichever has supervision over the
5juvenile. Department
of corrections and county department records or portions of
6records that relate to telephone numbers and mailing addresses of these persons are
7not subject to inspection or copying under s. 19.35 (1).
SB378,295
8Section
295. 938.51 (3) of the statutes is amended to read:
SB378,86,139
938.51
(3) Release not affected by failure to notify. Timely release of a
10juvenile specified in sub. (1), (1d), or (1g) shall not be prejudiced by the fact that the
11department
of corrections or county department, whichever has supervision over the
12juvenile, did not provide notification as required under sub. (1), (1d), or (1g),
13whichever is applicable.
SB378,296
14Section
296. 938.51 (4) (intro.) of the statutes is amended to read:
SB378,87,215
938.51
(4) Notification if escape or absence. (intro.) If a juvenile described
16in sub. (1), (1d), or (1g) escapes from a juvenile correctional facility, residential care
17center for children and youth, inpatient facility, juvenile detention facility, or
18juvenile portion of a county jail, or from the custody of a peace officer or a guard of
19such a facility, center, home, or jail, or has been allowed to leave a juvenile
20correctional facility, residential care center for children and youth, inpatient facility,
21juvenile detention facility, or juvenile portion of a county jail for a specified period
22of time and is absent from the facility, center, home, or jail for more than 12 hours
23after the expiration of the specified period, as soon as possible after the department
24of corrections or county department, whichever has supervision over the juvenile,
1discovers the escape or absence, the department
of corrections or county department
2shall make a reasonable attempt to notify by telephone all of the following persons:
SB378,297
3Section
297. 938.52 (title) of the statutes is amended to read:
SB378,87,5
4938.52 (title)
Facilities for care of juveniles in care of department of
5corrections.
SB378,298
6Section
298. 938.52 (1) (intro.) of the statutes is amended to read:
SB378,87,97
938.52
(1) Facilities maintained or used for juveniles. (intro.) The
8department
of corrections may maintain or use the following facilities for juveniles
9in its care:
SB378,299
10Section
299. 938.52 (1) (f) of the statutes is amended to read:
SB378,87,1511
938.52
(1) (f) Other facilities that the department
of corrections considers to
12be appropriate for the juvenile, except that no state funds may be used for the
13maintenance of a juvenile in the home of a parent or relative who would be eligible
14for aid under s. 49.19, but for s. 49.19 (20), if such funds would reduce federal funds
15to this state.
SB378,300
16Section
300. 938.52 (2) of the statutes is amended to read:
SB378,88,217
938.52
(2) Use of other facilities. (a) In addition to facilities and services
18under sub. (1), the department
of corrections may use other facilities and services
19under its jurisdiction. The department
of corrections may contract for and pay for
20the use of other public facilities or private facilities for the care and treatment of
21juveniles in its care. Placement of a juvenile in a private or public facility that is not
22under the jurisdiction of the department
of corrections does not terminate
that the 23department's supervision over the juvenile under s. 938.183, 938.34 (4h), (4m), or
24(4n), or 938.357 (4). Placements in institutions for persons with a mental illness or
1development disability shall be made in accordance with ss. 48.14 (5), 48.63, and
2938.34 (6) (am) and ch. 51.