Wisconsin Legislature: 352,91

938.255 (2) If any of the facts in sub. (1) (a) , (b) or (c) to (cm) are not known or cannot be ascertained by the petitioner, the petition shall so state.

352,81m Section 81m. 938.275 (title) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.275 (title) Parents' contribution to cost of custody, sanctions and court and legal services.

352,81n Section 81n. 938.275 (1) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.275 (1) (b) and amended to read:

938.275 (1) (b) If the court finds a juvenile to be delinquent under s. 938.12, in violation of a civil law or ordinance under s. 938.125 or in need of protection or services under s. 938.13, the court shall order the parents of the juvenile to contribute toward the expense of post-adjudication services to the juvenile, including any placement under s. 938.34 (3) (f), the proportion of the total amount which the court finds the parents are able to pay.

352,81p Section 81p. 938.275 (1) (a) of the statutes is created to read:

938.275 (1) (a) If a juvenile is held in custody under ss. 938.20 to 938.21, the court shall order the parents of the juvenile to contribute toward the expense of holding the juvenile in custody the proportion of the total amount which the court finds the parents are able to pay.

352,81r Section 81r. 938.275 (1) (c) of the statutes is created to read:

938.275 (1) (c) If the court imposes a sanction on a juvenile as specified in s. 938.355 (6) (d) or (6m) (a) or finds the juvenile in contempt under s. 938.355 (6g) (b) and orders a disposition under s. 938.34 or if the juvenile is placed in a secure detention facility or place of nonsecure custody under s. 938.355 (6d) or 938.534 (1), the court shall order the parents of the juvenile to contribute toward the cost of the sanction, disposition or placement the proportion of the total amount which the court finds the parents are able to pay.

352,82 Section 82 . 938.29 (1g) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.29 (1g) The juvenile may not request the substitution of a judge in a proceeding under s. 938.12 or 938.13 (12), and the juvenile and the juvenile's parent, guardian or legal custodian may not request the substitution of a judge in a proceeding under s. 938.13 (4), (6), (6m) or (7), if the judge assigned to the proceeding has entered a dispositional order with respect to the juvenile in a previous proceeding under s. 48.12, 1993 stats., s. 48.13 (4), (6), (6m), (7) or (12), 1993 stats., s. 938.12 or 938.13 (4), (6), (6m), (7) or (12) or the juvenile or the juvenile's parent, guardian or legal custodian has requested the substitution of a judge in a previous proceeding under s. 48.12, 1993 stats., s. 48.13 (4), (6), (6m), (7) or (12), 1993 stats., s. 938.12 or 938.13 (4), (6), (6m), (7) or (12).

352,83 Section 83 . 938.299 (1) (ar) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.299 (1) (ar) Notwithstanding par. (a), the general public may attend any hearing under this chapter relating to a juvenile who has been alleged to be delinquent for committing a violation that would be a felony if committed by an adult if the juvenile has been adjudicated delinquent previously and that previous adjudication remains of record and unreversed or relating to a juvenile who has been alleged to be delinquent for committing a violation specified in s. 939.62 (2m) (a) 1., 2. or 3. or a violation of s. 948.30 (1) or for conspiracy under s. 939.31 to commit any violation s.938.34 (4h) (a), except that the court shall exclude the general public from a hearing if the victim of a sexual assault objects and may, in its discretion, exclude the general public from any portion of a hearing which deals with sensitive personal matters of the juvenile or the juvenile's family and which does not relate to the act or alleged act committed by the juvenile or from any other hearing described in this paragraph. If the court excludes the general public from a hearing described in this paragraph, only those persons who are permitted under par. (a) or (am) to attend a hearing from which the general public is excluded may attend.

352,84 Section 84 . 938.299 (1) (av) of the statutes is created to read:

938.299 (1) (av) If a public hearing is held under par. (a) or (ar), any person may disclose to anyone any information obtained as a result of that hearing.

352,85 Section 85 . 938.299 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.299 (1) (b) Except as provided in par. (av) and s. 938.396, any person who divulges any information which would identify the juvenile or the family involved in any proceeding under this subchapter is subject to ch. 785. This paragraph does not preclude a victim of the juvenile's act from commencing a civil action based upon the juvenile's act.

352,86 Section 86 . 938.315 (1) (dm) of the statutes is created to read:

938.315 (1) (dm) Any period of delay resulting from court congestion or scheduling.

352,87 Section 87 . 938.315 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.315 (3) Failure to comply with any time limit specified in this chapter does not deprive the court of personal or subject matter jurisdiction or of competency to exercise that jurisdiction. Failure to object to a period of delay or a continuance waives the time limit that is the subject of the period of delay or continuance. If a party does not comply with a time limit specified in this chapter, the court may grant a continuance under sub. (2), dismiss the petition with or without prejudice, release the juvenile from secure or nonsecure custody or from the terms of a custody order or grant any other relief that the court considers appropriate.

352,88 Section 88 . 938.32 (1t) (a) 2. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.32 (1t) (a) 2. In addition to any other employment or duties permitted under ch. 103 or any rule or order under ch. 103, a juvenile who is under 14 years of age who is participating in a restitution project provided by the county may, for the purpose of making restitution under the consent decree, be employed or perform any duties under any circumstances in which a juvenile 14 or 15 years of age is permitted to be employed or to perform duties under ch. 103 or any rule or order under ch. 103. A juvenile who is participating in a restitution project provided by the county is exempt from the permit requirement under s. 103.70 (1).

352,89 Section 89 . 938.34 (4d) of the statutes is created to read:

938.34 (4d) Type 2 child caring institution placement. Place the juvenile in a Type 2 child caring institution under the supervision of the county department and subject to Type 2 status, as described in s. 938.539, but only if all of the following apply:

(a) The juvenile has been found to be delinquent for the commission of an act which if committed by an adult would be punishable by a sentence of 6 months or more.

(b) The juvenile has been found to be a danger to the public and to be in need of restrictive custodial treatment. If the judge determines that any of the conditions specified in sub. (4m) (b) 1., 2. or 3. applies, but that placement in the serious juvenile offender program under sub. (4h) or in a secured correctional facility under sub. (4m) would not be appropriate, that determination shall be prima facie evidence that the juvenile is a danger to the public and in need of restrictive custodial treatment under this subsection.

352,90 Section 90 . 938.34 (4h) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.34 (4h) (a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b) or 948.36 or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of 940.02 or 940.05.

352,91 Section 91 . 938.34 (5) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.34 (5) (b) In addition to any other employment or duties permitted under ch. 103 or any rule or order under ch. 103, a juvenile who is under 14 years of age who is participating in a restitution project provided by the county may, for the purpose of making restitution ordered by the court under this subsection, be employed or perform any duties under any circumstances in which a juvenile 14 or 15 years of age is permitted to be employed or perform duties under ch. 103 or any rule or order under ch. 103. A juvenile who is participating in a restitution project provided by the county is exempt from the permit requirement under s. 103.70 (1).

352,92 Section 92 . 938.34 (5g) (c) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.34 (5g) (c) In addition to any other employment or duties permitted under ch. 103 or any rule or order under ch. 103, a juvenile who is under 14 years of age who is participating in a supervised work program or other community service work may, for purposes of performing the supervised work or other community service work, be employed or perform any duties under any circumstances in which a juvenile 14 or 15 years of age is permitted to be employed or perform duties under ch. 103 or any rule or order under ch. 103. A juvenile who is participating in a supervised work program or other community service work is exempt from the permit requirement under s. 103.70 (1).

352,93 Section 93 . 938.34 (8) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a juvenile person under 18 years of age, $100. Any such order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this subchapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege as defined in s. 340.01 (40) for not less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile.

352,94 Section 94 . 938.34 (16) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.34 (16) Stay of order. After ordering a disposition under this section, enter an additional order staying the execution of the dispositional order contingent on the juvenile's satisfactory compliance with any conditions that are specified in the dispositional order and explained to the juvenile by the court. If the juvenile violates a condition of his or her dispositional order, the agency supervising the juvenile shall notify the court and the court shall hold a hearing within 30 days after the filing of the notice to determine whether the original disposition order should be imposed, unless the juvenile signs a written waiver of any objections to imposing the original dispositional order and the court approves the waiver. If a hearing is held, the court shall notify the parent, juvenile, guardian and legal custodian, all parties bound by the original dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered at the time and place of the hearing at least 3 days before the hearing. If all parties consent, the court may proceed immediately with the hearing. The court may not impose the original dispositional order unless the court finds to a reasonable certainty by the greater weight by a preponderance of the credible evidence that the juvenile has violated a condition of his or her dispositional order.

352,95 Section 95 . 938.342 of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.342 Disposition; truancy and school dropout ordinance violations. (1) If the court finds that the juvenile a person under 18 years of age violated a municipal ordinance enacted under s. 118.163 (2), the court shall enter an order making one or more of the following dispositions if such a disposition is authorized by the municipal ordinance:

(a) Suspend the juvenile's person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 90 days. The court shall immediately take possession of the suspended license and forward it to the department of transportation together with a notice stating the reason for and duration of the suspension.

(b) Order the juvenile person to participate in counseling or a supervised work program or other community service work under s. 938.34 (5g).

(c) Order the juvenile person to remain at home except during hours in which the juvenile person is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a juvenile person to leave his or her home if the juvenile person is accompanied by a parent or guardian.

(d) Order the juvenile person to attend an educational program under s. 938.34 (7d).

(e) Order the department of industry, labor and job development to revoke, under s. 103.72, a permit under s. 103.70 authorizing the employment of the juvenile person.

(f) Order the juvenile person to be placed in a teen court program if all of the following conditions apply:

1. The chief judge of the judicial administrative district has approved a teen court program established in the juvenile's person's county of residence and the judge determines that participation in the teen court program will likely benefit the juvenile person and the community.

2. The juvenile person admits or pleads no contest in open court, with the juvenile's person's parent, guardian or legal custodian present, to the allegations that the juvenile person violated the municipal ordinance enacted under s. 118.163 (2).

3. The juvenile person has not successfully completed participation in a teen court program during the 2 years before the date of the alleged municipal ordinance violation.

(1m) (a) If the court finds that the juvenile person violated a municipal ordinance enacted under s. 118.163 (2), the court may, in addition to or instead of the dispositions under sub. (1), order the juvenile's person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense.

(b) No order to any person parent, guardian or legal custodian under par. (a) may be entered until the person parent, guardian or legal custodian is given an opportunity to be heard on the contemplated order of the court. The court shall cause notice of the time, place and purpose of the hearing to be served on the person parent, guardian or legal custodian personally at least 10 days before the date of the hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases to the court. At the hearing, the person parent, guardian or legal custodian may be represented by counsel and may produce and cross-examine witnesses. Any person parent, guardian or legal custodian who fails to comply with any order issued by a court under par. (a) may be proceeded against for contempt of court.

(2) (a) Except as provided in par. (b), if the court finds that the juvenile a person is subject to a municipal ordinance enacted under s. 118.163 (2m), the court shall enter an order suspending the juvenile's person's operating privilege, as defined in s. 340.01 (40), until the juvenile person reaches the age of 18.

(b) The court may enter an order making any of the dispositions specified under sub. (1) if the court finds that suspension of the juvenile's person's operating privilege, as defined in s. 340.01 (40), until the juvenile person reaches the age of 18 would cause an undue hardship to the juvenile person or the juvenile's family.

352,96 Section 96 . 938.343 (2) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a juvenile person under 18 years of age, $50. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. The court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person.

352,97 Section 97 . 938.355 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.355 (4) Termination of orders. (a) Except as provided under par. (b) or s. 938.368, all orders under this section shall terminate at the end of one year unless the court specifies a shorter period of time. Except if s. 938.368 applies, extensions or revisions shall terminate at the end of one year unless the court specifies a shorter period of time. No extension under s. 938.365 of an original dispositional order may be granted for a juvenile who is subject to an order under s. 938.34 (4d), (4h), (4m) or (4n) if the juvenile is 17 years of age or older when the original dispositional order terminates. Any order made before the juvenile reaches the age of majority shall be effective for a time up to one year after its entry unless the court specifies a shorter period of time.

(b) An order under s. 938.34 (4d), (4h) or (4m) for which a juvenile has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 938.34 (4d) or (4m) apply for up to 2 years or until the juvenile's 18th birthdate, whichever is earlier and the judge shall make an order under s. 938.34 (4h) apply for 5 years, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class B felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

352,98 Section 98 . 938.355 (6) (title) and (a) of the statutes, as created by 1995 Wisconsin Act 77, are amended to read:

938.355 (6) (title) Sanctions for violation of order; delinquency or civil law or ordinance violation. (a) If a juvenile who has been adjudged delinquent or to have violated a civil law or ordinance violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. Subject to sub. (6m), if a juvenile who has been found to be in need of protection or services under s. 938.13 violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d), other than placement in a secure detention facility or juvenile portion of a county jail, if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The court may not order the sanction of placement in a place of nonsecure custody specified in par. (d) 1. unless the court finds that the agency primarily responsible for providing services for the juvenile has made reasonable efforts to prevent the removal of the juvenile from his or her home and that continued placement of the juvenile in his or her home is contrary to the welfare of the juvenile.

352,99m Section 99m. 938.355 (6) (an) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.355 (6) (an) 1. and amended to read:

938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in par. (d) 1. or the sanction specified in par. (d) 3., with monitoring by an electronic monitoring system, if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of those possible sanctions for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The petition shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

352,100 Section 100 . 938.355 (6) (an) 2. of the statutes is created to read:

938.355 (6) (an) 2. If the court assigned to exercise jurisdiction under this chapter and ch. 48 imposes the sanction specified in par. (d) 1. or home detention with monitoring by an electronic monitoring system as specified in par. (d) 3., on a petition described in subd. 1., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the sanction imposed under par. (d) 1. or 3.

352,100m Section 100m. 938.355 (6) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.355 (6) (b) A motion for imposition of a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the district attorney or corporation counsel or the court that entered the dispositional order. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian and all parties present at the original dispositional hearing. The motion shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

352,101 Section 101 . 938.355 (6) (d) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.355 (6) (d) (intro.) The If the court finds by a preponderance of the evidence that the juvenile has violated a condition of his or her dispositional order, the court may order any of the following sanctions as a consequence for any incident in which the juvenile has violated one or more conditions of his or her dispositional order:

352,102 Section 102 . 938.355 (6m) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.355 (6m) (a) If the court finds by a preponderance of the evidence that a juvenile who has been found in need of protection or services based on habitual truancy from school violates has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in this paragraph and the dispositions specified in s. 938.342 (1) (b) to (f) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The court may order as a sanction suspension of the juvenile's operating privilege, as defined under s. 340.01 (40), for not more than one year. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this paragraph, the court may order the suspension to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this paragraph, whichever occurs first. If the court suspends an operating privilege under this paragraph, the court shall immediately take possession of the suspended license and forward it to the department of transportation with a notice stating the reason for and the duration of the suspension.

352,103 Section 103 . 938.357 (1) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.357 (1) The person or agency primarily responsible for implementing the dispositional order or the district attorney may request a change in the placement of the juvenile, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the juvenile or the juvenile's counsel or guardian ad litem, parent, foster parent, treatment foster parent, guardian and legal custodian. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements shall not be changed until 10 days after such notice is sent to the court unless the parent, guardian or legal custodian and the juvenile, if 12 or more years of age, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order. If a hearing is held under this subsection and the change in placement would remove a juvenile from a foster home or treatment foster home, the foster parent or treatment foster parent may submit a written statement prior to the hearing.

352,104 Section 104 . 938.357 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.357 (3) Subject to sub. (4) (b) and (c) and (5) (e), if the proposed change in placement would involve placing a juvenile in a secured correctional facility or in a secured child caring institution, notice shall be given as provided in sub. (1). A hearing shall be held, unless waived by the juvenile, parent, guardian and legal custodian, before the judge makes a decision on the request. The juvenile shall be entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been met.

352,105 Section 105 . 938.357 (4) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.357 (4) (a) When the juvenile is placed with the department, the department may, after an examination under s. 938.50, place the juvenile in a secured correctional facility or a secured child caring institution or on aftercare supervision, either immediately or after a period of placement in a secured correctional facility or a secured child caring institution. The department shall send written notice of the change to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department places a juvenile in a Type 2 secured correctional facility operated by a child welfare agency, the department shall reimburse the child welfare agency at the rate established under s. 46.037 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. A juvenile who is placed in a Type 2 secured correctional facility or a secured child caring institution remains under the supervision of the department, remains subject to the rules and discipline of that department and is considered to be in custody, as defined in s. 946.42 (1) (a).

352,106 Section 106. 938.357 (4) (b) and (c) of the statutes, as created by 1995 Wisconsin Act 77, are repealed and recreated to read:

938.357 (4) (b) 1. If a juvenile whom the department has placed in a Type 2 secured correctional facility operated by a child welfare agency violates a condition of his or her placement in the Type 2 secured correctional facility, the child welfare agency operating the Type 2 secured correctional facility shall notify the department and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 secured correctional facility under the supervision of the department without a hearing under sub. (1).

2. If a juvenile whom the court has placed in a Type 2 child caring institution under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 child caring institution, the child welfare agency operating the Type 2 child caring institution shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 secured correctional facility under the supervision of the department, without a hearing under sub. (1), for not more than 10 days. If a juvenile is placed in a Type 1 secured correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 child caring institution in which the juvenile was placed at the rate established under s. 46.037, and that child welfare agency shall reimburse the department at the rate specified in s. 301.26 (4) (d) 3m. or 4., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 secured correctional facility.

3. The child welfare agency operating the Type 2 secured correctional facility or Type 2 child caring institution shall send written notice of a change in placement under subd. 1. or 2. to the parent, guardian, legal custodian, county department and committing court.

4. A juvenile may seek review of a decision of the department under subd. 1. or 2. only by the common law writ of certiorari.

(c) 1. If a juvenile is placed in a Type 2 secured correctional facility operated by a child welfare agency under par. (a) and it appears that a less restrictive placement would be appropriate for the juvenile, the department, after consulting with the child welfare agency that is operating the Type 2 secured correctional facility in which the juvenile is placed, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 secured correctional facility without a hearing under sub. (1). The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

2. If a juvenile is placed in a Type 2 child caring institution under s. 938.34 (4d) and it appears that a less restrictive placement would be appropriate for the juvenile, the child welfare agency operating the Type 2 child caring institution shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency may place the juvenile in a less restrictive placement. A child welfare agency may also, with the agreement of the county department that has supervision over a juvenile who is placed in a less restrictive placement under this subdivision, return the juvenile to the Type 2 child caring institution without a hearing under sub. (1). The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

4. A juvenile may seek review of a decision of the department or county department under subd. 1. or 2. only by the common law writ of certiorari.

352,107 Section 107 . 938.365 (6) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.365 (6) If a request to extend a dispositional order is made prior to the termination of the order, but the court is unable to conduct a hearing on the request prior to the termination date, the court may extend the order for a period of not more than 30 days, not including any period of delay resulting from any of the circumstances specified in s. 938.315 (1). The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time limit specified in this subsection. Failure to object if a hearing is not held within the time limit specified in this subsection waives that time limit.

352,108 Section 108 . 938.371 of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.371 Access to certain information by substitute care provider. (intro.) At the time of placement of a juvenile in a foster home, treatment foster home, group home or, child caring institution or secured correctional facility under s. 938.183 (2), 938.34, 938.345 or 938.357, or, if the information specified in this section is not available at that time, within 30 days after the date of the placement, the agency that prepared the juvenile's permanency plan shall provide the foster parent, treatment foster parent or operator of the group home or, child caring institution or secured correctional facility with any information contained in the court report submitted under s. 938.33 or permanency plan submitted under s. 938.38, relating to any of the following:

(1) Results of a test or a series of tests of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, if the juvenile's parent or a temporary or permanent guardian appointed by the court has consented to the test under s. 252.15 (2) (a) 4. b. and release of the test results under s. 252.15 (5) (a) 19. and the agency directed to prepare the permanency plan notifies the foster parent, treatment foster parent or operator of the group home or, child caring institution or secured correctional facility of the confidentiality requirements under s. 252.15 (6).