AB68: Bill Text

AB68,1688,18 938.365 (7) Changes in placement and trial reunifications not permitted. Nothing in this section may be construed to allow any changes in placement, trial reunification, or revocation of community supervision or aftercare supervision. Revocation and other changes in placement may take place only under s. 938.357, and trial reunifications may take place only under s. 938.358.

AB68,3250 Section 3250. 938.369 of the statutes is created to read:

AB68,1688,24 938.369 Extended juvenile jurisdiction; extended disposition hearing. (1) Except as provided under sub. (6), no sooner than a juvenile's 18th birthday and no later than 90 days before the juvenile's 19th birthday, the court shall hold a hearing to determine whether to impose a stayed portion of a disposition entered under s. 938.34 (4p).

AB68,1689,5 (2) The court shall revise the dispositional order and remove the stayed portion of the disposition imposed under 938.34 (4p) unless the court finds by clear and convincing evidence that the disposition under 938.34 (4p) is necessary to protect public safety or for rehabilitation, considering the juvenile's risk and needs at the time of the hearing.

AB68,1689,8 (3) If the court imposes the stayed portion of the disposition under s. 938.34 (4p), the court shall determine the length of the extended juvenile disposition and impose one of the following extended juvenile dispositions:

AB68,1689,12 (a) Place the juvenile on extended juvenile probation under the supervision of the department of corrections on his or her 19th birthday. If the juvenile has been released to aftercare supervision under s. 938.34 (4n) on the date of the hearing, the court shall place the juvenile on probation under this paragraph.

AB68,1689,13 (b) Place the juvenile on extended juvenile confinement in a county jail.

AB68,1689,15 (c) Place the juvenile on extended juvenile confinement in prison followed by a term of extended juvenile supervision.

AB68,1689,19 (4) A disposition imposed under this subsection has the same force and effect as a criminal conviction and may not extend beyond the juvenile's 23rd birthday, or, if the underlying offense was a violation or attempted violation of s. 940.01, the juvenile's 25th birthday.

AB68,1689,21 (5) An extended juvenile disposition imposed under sub. (3) is not a bifurcated sentence under s. 973.01.

AB68,1689,25 (6) If the department of corrections has discharged the juvenile under s. 938.53 prior to the juvenile's 18th birthday or the date of a hearing scheduled under sub. (1), a hearing shall not be held, and the court shall revise the dispositional order and remove the disposition imposed under 938.34 (4p).

AB68,3251 Section 3251. 938.38 (1) (ag) of the statutes is created to read:

AB68,1690,3 938.38 (1) (ag) “Family permanency team” means the team of individuals assembled under sub. (3m) to participate in a juvenile's permanency planning.

AB68,3252 Section 3252. 938.38 (1) (as) of the statutes is created to read:

AB68,1690,7 938.38 (1) (as) “Like-kin” means a person who has a significant emotional relationship with a juvenile or the juvenile's family and to whom any of the following applies:

AB68,1690,10 1. Prior to the juvenile's placement in out-of-home care, the person had an existing relationship with the juvenile or the juvenile's family that is similar to a familial relationship.

AB68,1690,13 2. During the juvenile's placement in out-of-home care, the person developed a relationship with the juvenile or the juvenile's family that is similar to a familial relationship.

AB68,3253 Section 3253. 938.38 (1) (bp) of the statutes is created to read:

AB68,1690,17 938.38 (1) (bp) “Qualified residential treatment program” means a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675.

AB68,3254 Section 3254. 938.38 (3m) of the statutes is created to read:

AB68,1690,24 938.38 (3m) Family permanency team. If a juvenile is placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 48.355 (2) (b) 6g. shall invite all of the following to participate in permanency planning and may invite others at the agency's discretion:

AB68,1691,2 (a) All appropriate biological family members, relatives, and like-kin of the juvenile, as determined by the agency.

AB68,1691,5 (b) Appropriate professionals who serve as a resource for the family of the juvenile, such as teachers, medical or mental health providers who have treated the juvenile, or clergy.

AB68,1691,7 (c) Others identified by a juvenile over the age of 14 as provided under sub. (2m).

AB68,3255 Section 3255. 938.38 (4) (k) of the statutes is created to read:

AB68,1691,10 938.38 (4) (k) If the juvenile is placed in a qualified residential treatment program, all of the following:

AB68,1691,12 1. Documentation of reasonable and good faith efforts to identify and include all required individuals on the family permanency team.

AB68,1691,13 2. The contact information for the members of the family permanency team.

AB68,1691,15 3. Information showing that meetings of the family permanency team are held at a time and place convenient for the family to the extent possible.

AB68,1691,18 4. If reunification is the juvenile's permanency goal, information demonstrating that the parent from whom the juvenile was removed provided input on the members of the family permanency team or why that input was not obtained.

AB68,1691,21 5. Information showing that the standardized assessment, as determined by the department, was used to determine the appropriateness of the placement in a qualified residential treatment program

AB68,1691,25 6. The placement preferences of the family permanency team, including a recognition that a juvenile should be placed with his or her siblings unless the court determines that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings.

AB68,1692,4 7. If placement preferences of the family permanency team are not the placement recommended by the qualified individual who conducted the standardized assessment, the reasons why these preferences were not recommended.

AB68,1692,6 8. The recommendations of the qualified individual who conducted the standardized assessment, including all of the following:

AB68,1692,11 a. Whether the recommended placement in a qualified residential treatment program is the placement that will provide the juvenile with the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

AB68,1692,14 b. Whether and why the juvenile's needs can or cannot be met by the juvenile's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the juvenile's needs cannot be met in a foster home.

AB68,1692,16 9. Documentation of the approval or disapproval of the placement in a qualified residential treatment program by a court, if such a determination has been made.

AB68,3256 Section 3256. 938.38 (4) (L) of the statutes is created to read:

AB68,1692,18 938.38 (4) (L) If the juvenile is a parent or is pregnant, all of the following:

AB68,1692,21 1. A list of the services or programs to be provided to or on behalf of the juvenile to ensure that the juvenile, if pregnant, is prepared and, if a parent, is able to be a parent.

AB68,1692,23 2. The out-of-home care prevention strategy for any juvenile born to the parenting or pregnant juvenile.

AB68,3257 Section 3257. 938.38 (5) (c) 1. of the statutes is amended to read:

AB68,1693,9 938.38 (5) (c) 1. The continuing necessity for and the safety and appropriateness of the placement, subject to par. (cm) and sub. (5m) (c) 4. If the permanency goal of the juvenile's permanency plan is placement of the juvenile in a planned permanent living arrangement described in sub. (4) (fg) 5., the determination under this subdivision shall include an explanation of why the planned permanent living arrangement is the best permanency goal for the juvenile and why, supported by compelling reasons, it continues not to be in the best interests of the juvenile to be returned to his or her home or to be placed for adoption, with a guardian, or with a fit and willing relative.

AB68,3258 Section 3258. 938.38 (5) (cm) of the statutes is created to read:

AB68,1693,15 938.38 (5) (cm) If the juvenile is placed in a qualified residential treatment program, the agency that prepared the permanency plan shall submit to the court specific information showing all of the following, which the court shall consider when determining the continuing necessity for and the safety and appropriateness of the placement:

AB68,1693,22 1. Whether ongoing assessment of the strengths and needs of the juvenile continues to support the determination that the needs of the juvenile cannot be met through placement in a foster home, whether the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the juvenile in the least restrictive environment, and how the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the juvenile's permanency plan.

AB68,1693,25 2. The specific treatment or service needs that will be met for the juvenile in the placement and the length of the time the juvenile is expected to need the treatment or services.

AB68,1694,3 3. The efforts made by the agency to prepare the juvenile to return home or to be placed with a fit and willing relative, a guardian, or an adoptive parent or in a foster home.

AB68,3259 Section 3259. 938.38 (5) (d) of the statutes is amended to read:

AB68,1694,21 938.38 (5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the juvenile's parent, guardian, and legal custodian, the person representing the interests of the public, the juvenile's counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe a copy of the permanency plan, any information submitted under par. (cm), and any written comments submitted under par. (bm) 1. Notwithstanding s. 938.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the juvenile's counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

AB68,3260 Section 3260. 938.38 (5m) (c) 4. of the statutes is created to read:

AB68,1695,2 938.38 (5m) (c) 4. If the juvenile is placed in a qualified residential treatment program, the agency that prepared the permanency plan shall present to the court specific information showing all of the following, which the court shall consider when determining the continuing necessity for and the safety and appropriateness of the placement under sub. (5) (c) 1.:

AB68,1695,9 a. Whether ongoing assessment of the strengths and needs of the juvenile continues to support the determination that the needs of the juvenile cannot be met through placement in a foster home, whether the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the juvenile in the least restrictive environment, and how the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the juvenile's permanency plan.

AB68,1695,12 b. The specific treatment or service needs that will be met for the juvenile in the placement and the length of the time the juvenile is expected to need the treatment or services.

AB68,1695,15 c. The efforts made by the agency to prepare the juvenile to return home or to be placed with a fit and willing relative, a guardian, or an adoptive parent or in a foster home.

AB68,3261 Section 3261. 938.38 (5m) (d) of the statutes is amended to read:

AB68,1696,6 938.38 (5m) (d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan, any information submitted under par. (cm), and any written comments submitted under par. (c) 1. to the court, to the juvenile's parent, guardian, and legal custodian, to the person representing the interests of the public, to the juvenile's counsel or guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), to the Indian juvenile's Indian custodian and tribe. Notwithstanding s. 938.78 (2) (a), the person representing the interests of the public, the juvenile's counsel or guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

AB68,3262 Section 3262 . 938.39 of the statutes is amended to read:

AB68,1696,12 938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17 becomes an adult. This section does not affect criminal proceedings in circuit court that were transferred under s. 938.18.

AB68,3263 Section 3263. 938.396 (1) (b) 5. of the statutes is amended to read:

AB68,1696,15 938.396 (1) (b) 5. The disclosure of information relating to a juvenile 10 12 years of age or over who is subject to the jurisdiction of a court of criminal jurisdiction.

AB68,3264 Section 3264. 938.396 (1) (b) 6. of the statutes is created to read:

AB68,1696,18 938.396 (1) (b) 6. The disclosure of information relating to a case in which an extended dispositional order is entered under s. 938.369 (3).

AB68,3265 Section 3265. 938.396 (2) (a) of the statutes is amended to read:

AB68,1696,25 938.396 (2) (a) Records of the court assigned to exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for that purpose only. Those records shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and ch. 48 or as required or permitted under sub. (2g), (2j), (2m) (b) or (c), or (10).

AB68,3266 Section 3266. 938.396 (2g) (g) of the statutes is amended to read:

AB68,1697,13 938.396 (2g) (g) Paternity Parentage of juvenile. Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating to the paternity parentage of a juvenile for the purpose of determining the paternity parentage of the juvenile or for the purpose of rebutting the presumption of paternity under s. 891.405, 891.407, or the presumption of parentage under s. 891.405 or 891.41, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by the requester its records relating to the paternity parentage of the juvenile or disclose to the requester those records.

AB68,3267 Section 3267 . 938.396 (2g) (k) of the statutes is repealed.

AB68,3268 Section 3268. 938.396 (2j) of the statutes is created to read:

AB68,1697,18 938.396 (2j) Records of an extended juvenile jurisdiction proceeding. Subsection (2) does not prohibit disclosure of a record if an extended juvenile dispositional order is entered under s. 938.369 (3).

AB68,3269 Section 3269 . Subchapter IX (title) of chapter 938 [precedes 938.44] of the statutes is amended to read:

AB68,1697,21 CHAPTER 938

AB68,1697,24 SUBCHAPTER IX JURISDICTION OVER PERSONS 17 OR OLDER adults

AB68,3270 Section 3270 . 938.44 of the statutes is amended to read:

AB68,1698,3 938.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355 (4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.

AB68,3271 Section 3271 . 938.45 (1) (a) of the statutes is amended to read:

AB68,1698,12 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the juvenile, the court may make orders with respect to the conduct of that person in his or her relationship to the juvenile, including orders relating to determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how, and from where funds for the maintenance or care shall be paid.

AB68,3272 Section 3272 . 938.45 (3) of the statutes is amended to read:

AB68,1698,18 938.45 (3) Prosecution of adult contributing to delinquency of juvenile. If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the court shall refer the record to the district attorney. This subsection does not prohibit prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney.

AB68,3273 Section 3273 . 938.48 (3) of the statutes is amended to read:

AB68,1698,25 938.48 (3) Supervision and special treatment or care. Accept supervision over juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) this chapter, and provide special treatment or care to juveniles when directed by the court. Except as provided in s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.

AB68,3274 Section 3274 . 938.48 (3) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,1699,7 938.48 (3) Supervision and special treatment or care. Accept supervision over juveniles transferred to it by the court under this chapter and provide special treatment or care to juveniles when directed by the court. Except as provided in s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.

AB68,3275 Section 3275 . 938.48 (4) of the statutes is amended to read:

AB68,1699,22 938.48 (4) Care, training, and placement. Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) this chapter, including serving those juveniles in their own homes, placing them in licensed foster homes or licensed group homes under s. 48.63 or in independent living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for a juvenile in its custody unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB68,3276 Section 3276 . 938.48 (4) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,1700,13 938.48 (4) Care, training, and placement. Provide appropriate care and training for juveniles under its supervision under this chapter, including serving those juveniles in their own homes, placing them in licensed foster homes or licensed group homes under s. 48.63 or in independent living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for a juvenile in its custody unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.