Amendment ASA1-SB40

SB40-ASA1,1531,23 859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11), 49.08 and, 49.195 (1), 49.345 (11), and 301.12 (11), a claim shall not be allowed which that was barred by any statute of limitations at the time of the decedent's death. A claim shall not be barred by statutes of limitation which that was not barred at the time of the decedent's death if the claim is filed against the decedent's estate in the court on or before the deadline for filing a claim under s. 859.01.

SB40-ASA1, s. 2887 Section 2887 . 885.01 (5) of the statutes is amended to read:

SB40-ASA1,1532,4 885.01 (5) By the department of workforce development children and families or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

SB40-ASA1, s. 2888 Section 2888 . 885.01 (5) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1532,9 885.01 (5) By the department of children and families or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.

SB40-ASA1, s. 3772m Section 3772m. 885.237 (2) of the statutes is amended to read:

SB40-ASA1,1532,18 885.237 (2) Notwithstanding s. 341.04, the fact that an automobile or motor truck having a registered weight of 8,000 pounds or less is located on a highway, as defined in s. 340.01 (22), and is not displaying a valid registration plates plate, a temporary operation plate or other evidence of registration as provided under s. 341.18 (1) is prima facie evidence, for purposes of ch. 341, that the vehicle is an unregistered or improperly registered vehicle. This subsection does not apply to violations of ordinances enacted under s. 341.65, but this subsection does apply to violations of ordinances enacted under s. 341.65, 2003 stats.

SB40-ASA1, s. 2889 Section 2889. 885.38 (3) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1532,25 885.38 (3) (a) (intro.) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938, if If the court determines that the person has limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has the right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided at the public's expense if the person is one of the following:

SB40-ASA1, s. 2890 Section 2890. 885.38 (8) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1533,4 885.38 (8) (a) (intro.) Except as provided in par. (b), the necessary expenses of providing qualified interpreters to indigent persons with limited English proficiency under this section shall be paid as follows:

SB40-ASA1, s. 2891 Section 2891. 893.981 of the statutes is created to read:

SB40-ASA1,1533,7 893.981 False claims. An action or claim under s. 20.931 shall be commenced within 10 years after the cause of the action or claim accrues or be barred.

SB40-ASA1, s. 2892 Section 2892. 895.45 (1) (a) of the statutes is amended to read:

SB40-ASA1,1533,13 895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s. 46.95 49.165 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined under s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

SB40-ASA1, s. 2893 Section 2893. 895.4803 of the statutes is amended to read:

SB40-ASA1,1533,25 895.4803 Civil liability exemption; information concerning paternity. Any member of the staff of a hospital who is designated by the hospital and trained by the department of workforce development children and families under s. 69.14 (1) (cm) and who in good faith provides to a child's available parents written information that is provided by the department of workforce development children and families and oral information or an audio or video presentation about the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of, and alternatives to, establishing paternity, under the requirements of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in providing that oral information or audio or video presentation and written information.

SB40-ASA1, s. 2894 Section 2894. 895.485 (4) (a) of the statutes is amended to read:

SB40-ASA1,1534,8 895.485 (4) (a) The agency has failed to provide the foster, treatment foster. or family-operated group home parent with any information relating to a medical, physical, mental, or emotional condition of the child that it is required to disclose under this paragraph. The department of health and family services children and families shall promulgate rules specifying the kind of information that an agency shall disclose to a foster, treatment foster, or family-operated group home parent which relates to a medical, physical, mental, or emotional condition of the child.

SB40-ASA1, s. 3778m Section 3778m. 895.507 (7m) of the statutes is amended to read:

SB40-ASA1,1534,17 895.507 (7m) Effect of federal legislation. If the joint committee on administrative rules determines that the federal government has enacted legislation that imposes notice requirements substantially similar to the requirements of this section and determines that the legislation does not preempt this section, the joint committee on administrative rules shall submit to the revisor of statutes legislative reference bureau for publication in the Wisconsin administrative register a notice of its determination. This section does not apply after publication of a notice under this subsection.

SB40-ASA1, s. 2895 Section 2895. 905.15 (1) of the statutes is amended to read:

SB40-ASA1,1535,2 905.15 (1) An employee of the department of health and family services, the department of workforce development children and families or a county department under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally recognized American Indian tribe who is authorized by federal law to have access to or awareness of the federal tax return information of another in the performance of duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse to disclose the information and the source or method by which he or she received or otherwise became aware of the information.

SB40-ASA1, s. 2896 Section 2896. 938.02 (6) of the statutes is amended to read:

SB40-ASA1,1535,9 938.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 juveniles or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of health and family services children and families promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.

SB40-ASA1, s. 2897 Section 2897. 938.02 (7) of the statutes is amended to read:

SB40-ASA1,1535,13 938.02 (7) "Group home" means any facility operated by a person required to be licensed by the department of health and family services children and families under s. 48.625 for the care and maintenance of 5 to 8 juveniles.

SB40-ASA1, s. 2898 Section 2898. 938.02 (17) of the statutes is amended to read:

SB40-ASA1,1535,17 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services children and families under s. 48.66 (1) (a).

SB40-ASA1, s. 2899 Section 2899. 938.06 (1) (b) of the statutes is amended to read:

SB40-ASA1,1535,22 938.06 (1) (b) Notwithstanding par. (a), the county board of supervisors may make changes in the administration of services to the children's court center in order to qualify for the maximum amount of federal and state aid as provided in sub. (4) and s. ss. 46.495 and 48.569.

SB40-ASA1, s. 2900 Section 2900. 938.06 (4) of the statutes is amended to read:

SB40-ASA1,1536,7 938.06 (4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 46.495 48.569, except as provided in s. 301.26. Counties having a population of less than 500,000 may use funds received under ss. 46.495 48.569 (1) (d) and 301.26, including county or federal revenue sharing funds allocated to match funds received under s. 46.495 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

SB40-ASA1, s. 2901 Section 2901. 938.21 (5) (b) 1. of the statutes is renumbered 938.21 (5) (b) 1. a. and amended to read:

SB40-ASA1,1536,13 938.21 (5) (b) 1. a. A finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile. Unless the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, the order shall in addition include a 

SB40-ASA1,1536,18 b. A finding as to whether the person who took the juvenile into custody and the intake worker have made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, and a unless the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

SB40-ASA1,1536,21 c. A finding as to whether the person who took the juvenile into custody and the intake worker have made reasonable efforts to make it possible for the juvenile to return safely home.

SB40-ASA1,1537,7 1m. If for good cause shown sufficient information is not available for the court to make a finding as to whether those reasonable efforts were made to prevent the removal of the juvenile from the home, the order shall include while assuring that the juvenile's health and safety are the paramount concerns, a finding as to whether those reasonable efforts were made to make it possible for the juvenile to return safely home and an order for the county department or agency primarily responsible for providing services to the juvenile under the custody order to file with the court sufficient information for the court to make a finding as to whether those reasonable efforts were made to prevent the removal of the juvenile from the home by no later than 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of on which the order is granted.

SB40-ASA1, s. 2902 Section 2902. 938.21 (5) (b) 1. d. of the statutes is created to read:

SB40-ASA1,1537,13 938.21 (5) (b) 1. d. If the juvenile is under the supervision of the county department, an order ordering the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.

SB40-ASA1, s. 2903 Section 2903. 938.21 (5) (c) of the statutes is amended to read:

SB40-ASA1,1537,21 938.21 (5) (c) The court shall make the findings specified in par. (b) 1., 1m., and 3. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the custody order. A custody order that merely references par. (b) 1., 1m., or 3. without documenting or referencing that specific information in the custody order or an amended custody order that retroactively corrects an earlier custody order that does not comply with this paragraph is not sufficient to comply with this paragraph.

SB40-ASA1, s. 2904 Section 2904. 938.22 (1) (a) of the statutes is amended to read:

SB40-ASA1,1538,8 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of a county may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or more counties may jointly establish a juvenile detention facility in accordance with ss. 46.20, 301.36, and 301.37. The county board of supervisors of a county may establish a shelter care facility in accordance with ss. 46.16 and 46.17 48.576 and 48.578 or the county boards of supervisors for 2 or more counties may jointly establish a shelter care facility in accordance with ss. 46.16, 46.17, and 46.20, 48.576, and 48.578. A private entity may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 to hold juveniles in the private juvenile detention facility.

SB40-ASA1, s. 2905 Section 2905. 938.22 (2) (a) of the statutes is amended to read:

SB40-ASA1,1538,20 938.22 (2) (a) Counties shall submit plans for a juvenile detention facility or juvenile portion of the county jail to the department of corrections and submit plans for a shelter care facility to the department of health and family services children and families. A private entity that proposes to establish a juvenile detention facility shall submit plans for the facility to the department of corrections. The applicable department shall review the submitted plans. A county or a private entity may not implement a plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval and operation of juvenile detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety, and welfare of the juveniles placed in those facilities.

SB40-ASA1, s. 2906 Section 2906. 938.22 (7) (a) of the statutes is amended to read:

SB40-ASA1,1539,4 938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services children and families under s. 48.67, meet the requirements specified in s. 48.685, and pay the license fee under par. (b). A license issued under s. 48.66 (1) (a) to operate a shelter care facility is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

SB40-ASA1, s. 2907 Section 2907. 938.22 (7) (b) of the statutes is amended to read:

SB40-ASA1,1539,13 938.22 (7) (b) Before the department of health and family services children and families may issue a license under s. 48.66 (1) (a) to operate a shelter care facility, the shelter care facility shall pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to continue a license issued under s. 48.66 (1) (a) shall pay the fee by the continuation date of the license. A new shelter care facility shall pay the fee by no later than 30 days before the opening of the shelter care facility.

SB40-ASA1, s. 2908 Section 2908. 938.235 (4) (b) of the statutes is amended to read:

SB40-ASA1,1539,17 938.235 (4) (b) The court shall order the agency identified under s. 938.355 (2) (b) 1. 938.33 (1) (c) as primarily responsible for the provision of services to notify the guardian ad litem, if any, regarding actions to be taken under par. (a).

SB40-ASA1, s. 2909 Section 2909. 938.30 (6) (b) of the statutes is amended to read:

SB40-ASA1,1540,3 938.30 (6) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of workforce development children and families under s. 49.22 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

SB40-ASA1, s. 2910 Section 2910. 938.31 (7) (b) of the statutes is amended to read:

SB40-ASA1,1540,14 938.31 (7) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide the statement a document setting forth the percentage standard established by the department of workforce development children and families under s. 49.22 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

SB40-ASA1, s. 2911 Section 2911. 938.315 (2m) (a) of the statutes is amended to read:

SB40-ASA1,1540,23 938.315 (2m) (a) The court making an initial finding under s. 938.21 (5) (b) 1. or 1m., 938.355 (2) (b) 6., or 938.357 (2v) (a) 1. that reasonable efforts have been made to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, or an initial finding under s. 938.21 (5) (b) 3., 938.355 (2) (b) 6r., or 938.357 (2v) (a) 3. that those efforts were not required to be made because a circumstance specified in s. 938.355 (2d) (b) 1. to 4. applies, more than 60 days after the date on which the juvenile was removed from the home.

SB40-ASA1, s. 2912 Section 2912. 938.32 (1) (c) 1. d. of the statutes is created to read:

SB40-ASA1,1541,5 938.32 (1) (c) 1. d. If the juvenile's placement or other living arrangement is under the supervision of the county department, an order ordering the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.

SB40-ASA1, s. 2913 Section 2913. 938.346 (1) (h) 3. of the statutes is amended to read:

SB40-ASA1,1541,8 938.346 (1) (h) 3. The right to compensation, as provided under subch. I of ch. 949.

SB40-ASA1, s. 2914 Section 2914. 938.355 (2) (b) 1. of the statutes is amended to read:

SB40-ASA1,1541,15 938.355 (2) (b) 1. The specific services or continuum of services to be provided to the juvenile and the juvenile's family, the identity of the agencies that are primarily responsible for the provision of the services, the identity of the person or agency that will provide case management or coordination of services, if any, and, if custody is to be transferred to effect the treatment plan, the identity of the legal custodian.

SB40-ASA1, s. 2915 Section 2915. 938.355 (2) (b) 6g. of the statutes is created to read:

SB40-ASA1,1541,21 938.355 (2) (b) 6g. If the juvenile is placed outside the home under the supervision of the county department, an order ordering the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.

SB40-ASA1, s. 2916 Section 2916. 938.355 (2b) of the statutes is amended to read:

SB40-ASA1,1542,7 938.355 (2b) Concurrent reasonable efforts permitted. A county department or the agency primarily responsible for providing services to a juvenile under a court order may, at the same time as the county department or agency is making the reasonable efforts required under sub. (2) (b) 6. to prevent the removal of the juvenile from the home or to make it possible for the juvenile to return safely to his or her home, work with the department of health and family services children and families, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place the juvenile for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement.

SB40-ASA1, s. 2917 Section 2917. 938.355 (6) (d) 1. of the statutes is amended to read:

SB40-ASA1,1542,21 938.355 (6) (d) 1. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.

SB40-ASA1, s. 2918 Section 2918. 938.355 (6m) (a) 1g. of the statutes is amended to read:

SB40-ASA1,1543,13 938.355 (6m) (a) 1g. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. The use of placement in a secure detention facility or in a juvenile portion of a county jail as a sanction under this subdivision is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.

SB40-ASA1, s. 2919 Section 2919. 938.357 (1) (am) 3. of the statutes is amended to read:

SB40-ASA1,1543,18 938.357 (1) (am) 3. If the court changes the juvenile's placement from a placement outside the home to another placement outside the home, the change in placement order shall contain one of the statements the applicable order under sub. (2v) (a) 1m. and the applicable statement under sub. (2v) (a) 2.

SB40-ASA1, s. 2920 Section 2920. 938.357 (1) (c) 3. of the statutes is amended to read:

SB40-ASA1,1544,2 938.357 (1) (c) 3. If the court changes the juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the change in placement order shall contain the findings under sub. (2v) (a) 1., one of the statements the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination under sub. (2v) (a) 3.

SB40-ASA1, s. 2921 Section 2921. 938.357 (2m) (c) of the statutes is amended to read:

SB40-ASA1,1544,14 938.357 (2m) (c) In-home to out-of-home placement; findings Findings required. If the court changes the juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the change in placement order shall contain the findings under sub. (2v) (a) 1., one of the statements the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination under sub. (2v) (a) 3. If the court changes the juvenile's placement from a placement outside the home to another placement outside the home, the change in placement order shall contain the applicable order under sub. (2v) (a) 1m. and the applicable statement under sub. (2v) (a) 2.

SB40-ASA1, s. 2922 Section 2922. 938.357 (2v) (a) 1m. of the statutes is created to read:

SB40-ASA1,1544,22 938.357 (2v) (a) 1m. If the change in placement order changes the placement of a juvenile who is under the supervision of the county department to a placement outside the juvenile's home, whether from a placement in the home or from another placement outside the home, an order ordering the juvenile into, or to be continued in, the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility, or continued primary responsibility, for providing services to the juvenile.

SB40-ASA1, s. 2923 Section 2923. 938.357 (4) (a) of the statutes is amended to read:

SB40-ASA1,1545,13 938.357 (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 juvenile correctional facility or a secured residential care center for children and youth or on aftercare supervision, either immediately or after a period of placement in a juvenile correctional facility or a secured residential care center for children and youth. The department shall send written notice of the change in placement 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 juvenile correctional facility operated by a child welfare agency, the department shall reimburse the child welfare agency at the rate established under s. 46.037 49.343 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 juvenile correctional facility or a secured residential care center for children and youth 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).

SB40-ASA1, s. 2924 Section 2924. 938.357 (4) (b) 2. of the statutes is amended to read:

SB40-ASA1,1546,6 938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 residential care center for children and youth, the child welfare agency operating the Type 2 residential care center for children and youth 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 juvenile correctional facility under the supervision of the department, without a hearing under sub. (1) (am) 2., for not more than 10 days. If a juvenile is placed in a Type 1 juvenile correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 residential care center for children and youth in which the juvenile was placed at the rate established under s. 46.037 49.343, and that child welfare agency shall reimburse the department at the rate specified in s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 juvenile correctional facility.

SB40-ASA1, s. 2925 Section 2925. 938.357 (4) (c) 1. of the statutes is amended to read:

SB40-ASA1,1546,15 938.357 (4) (c) 1. If a juvenile is placed in a Type 2 juvenile 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 juvenile correctional facility, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 juvenile correctional facility without a hearing under sub. (1) (am) 2. The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037 49.343.

SB40-ASA1, s. 2926 Section 2926. 938.357 (4) (c) 2. of the statutes is amended to read:

SB40-ASA1,1547,3 938.357 (4) (c) 2. If a juvenile is placed in a Type 2 residential care center for children and youth 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 residential care center for children and youth 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 residential care center for children and youth without a hearing under sub. (1) (am) 2. The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037 49.343.

SB40-ASA1, s. 2927 Section 2927. 938.357 (5m) (a) of the statutes is amended to read: