Amendment SSA1-SB21

SB21-SSA1,4671b Section 4671b. 938.357 (4m) of the statutes is amended to read:

SB21-SSA1,1401,20 938.357 (4m) Release to aftercare supervision. The department of corrections shall try to release a juvenile to aftercare supervision under sub. (4) within 30 days after the date the on which that department determines the juvenile is eligible for the release.

SB21-SSA1,4671bm Section 4671bm. 938.357 (4m) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1402,2 938.357 (4m) Release to community supervision or aftercare supervision. The department of corrections shall try to release a juvenile to community supervision or aftercare supervision under sub. (4) within 30 days after the date on which that department determines the juvenile is eligible for the release.

SB21-SSA1,4672 Section 4672. 938.357 (5) (title) of the statutes is amended to read:

SB21-SSA1,1402,5 938.357 (5) (title) Revocation of community supervision or aftercare supervision.

SB21-SSA1,4673b Section 4673b. 938.357 (5) (a) of the statutes is amended to read:

SB21-SSA1,1402,10 938.357 (5) (a) The department of corrections or a county department, whichever has been designated as a juvenile's aftercare provider, may revoke the aftercare status of that juvenile. Prior notice of a change in placement under sub. (1) (am) 1. is not required.

SB21-SSA1,4673bm Section 4673bm. 938.357 (5) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1402,19 938.357 (5) (a) The If a juvenile has been placed on community supervision, the department of corrections or a may revoke the community supervision status of that juvenile as provided in this subsection. If a juvenile has been placed on aftercare supervision, the county department, whichever that has been designated as a juvenile's aftercare provider, may revoke the aftercare status of that juvenile as provided in this subsection. Prior notice of a change in placement under sub. (1) (am) 1. is not required.

SB21-SSA1,4674 Section 4674. 938.357 (5) (b) of the statutes is amended to read:

SB21-SSA1,1402,24 938.357 (5) (b) A juvenile on community supervision status may be taken into custody only as provided in ss. 938.19 to 938.21 or 938.533 (3) (a). A juvenile on aftercare status may be taken into custody only as provided in ss. 938.19 to 938.21 and or 938.355 (6d) (b).

SB21-SSA1,4675 Section 4675. 938.357 (5) (d) of the statutes is amended to read:

SB21-SSA1,1403,6 938.357 (5) (d) A hearing on the revocation shall be conducted by the division of hearings and appeals in the department of administration within 30 days after the juvenile is taken into custody for an alleged violation of a condition of the juvenile's community supervision or aftercare supervision. This time period may be waived only upon the agreement of the community supervision or aftercare provider, the juvenile, and the juvenile's counsel.

SB21-SSA1,4676 Section 4676. 938.357 (5) (e) of the statutes is amended to read:

SB21-SSA1,1403,13 938.357 (5) (e) If the hearing examiner finds that the juvenile has violated a condition of community supervision or aftercare supervision, the hearing examiner shall determine whether confinement in a juvenile correctional facility or a secured residential care center for children and youth is necessary to protect the public, to provide for the juvenile's rehabilitation, or to not depreciate the seriousness of the violation.

SB21-SSA1,4677b Section 4677b. 938.357 (5) (g) of the statutes is amended to read:

SB21-SSA1,1403,20 938.357 (5) (g) The department of corrections shall promulgate rules setting standards to be used by a hearing examiner to determine whether to revoke a juvenile's aftercare status. The standards shall specify that the burden is on the department of corrections or county department seeking revocation to show by a preponderance of the evidence that the juvenile violated a condition of aftercare supervision.

SB21-SSA1,4677bm Section 4677bm. 938.357 (5) (g) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1404,3 938.357 (5) (g) The department of corrections shall promulgate rules setting standards to be used by a hearing examiner to determine whether to revoke a juvenile's community supervision or aftercare status. The standards shall specify that the burden is on the department of corrections or county department seeking revocation to show by a preponderance of the evidence that the juvenile violated a condition of community supervision or aftercare supervision.

SB21-SSA1,4677c Section 4677c. 938.357 (5m) (a) of the statutes is amended to read:

SB21-SSA1,1404,15 938.357 (5m) (a) If a proposed change in placement would change a juvenile's placement from a placement in the juvenile's home to a placement 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 person or agency primarily responsible for implementing the dispositional order by a date specified 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 children and families under s. 49.22 (9) and listing the factors under s. 301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 301.12 (14).

SB21-SSA1,4677e Section 4677e. 938.36 (1) (b) of the statutes is amended to read:

SB21-SSA1,1405,2 938.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department of children and families, or the county child support agency, under s. 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

SB21-SSA1,4677h Section 4677h. 938.363 (1) (c) of the statutes is amended to read:

SB21-SSA1,1405,12 938.363 (1) (c) If the proposed revision is for a change in the amount of child support to be paid by a parent, 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 and the person or agency primarily responsible for implementing the dispositional order by a date specified 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 children and families under s. 49.22 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

SB21-SSA1,4678 Section 4678. 938.365 (7) of the statutes is amended to read:

SB21-SSA1,1405,18 938.365 (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.

SB21-SSA1,4679 Section 4679. 938.366 (1) of the statutes is renumbered 938.366 (1) (intro.) and amended to read:

SB21-SSA1,1405,24 938.366 (1) (intro.) Applicability. This section applies to a person who is a full-time student of a secondary school or its vocational or technical equivalent, for whom an individualized education program under s. 115.787 is in effect, and to whom any of the following applies:

SB21-SSA1,1406,8 (a) The person is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement under an order under s. 938.355, 938.357, or 938.365 that terminates as provided in s. 938.355 (4) (am) 1., 2., or 3., 938.357 (6) (a) 1., 2., or 3., or 938.365 (5) (b) 1., 2., or 3. on or after the person attains 18 years of age, who is a full-time student of a secondary school or its vocational or technical equivalent, and for whom an individualized education program under s. 115.787 is in effect.

SB21-SSA1,4680 Section 4680. 938.366 (1) (b) of the statutes is created to read:

SB21-SSA1,1406,11 938.366 (1) (b) The person is placed in a shelter care facility on the date on which an order specified in par. (a) terminates.

SB21-SSA1,4681 Section 4681. 938.366 (2) (a) of the statutes is amended to read:

SB21-SSA1,1407,2 938.366 (2) (a) Not less than 120 days before an order described in sub. (1) (a) terminates, the agency primarily responsible for providing services under the order shall request the person who is the subject of the order to indicate whether he or she wishes to be discharged from out-of-home care on termination of the order, wishes to continue in out-of-home care until the date specified in s. 938.365 (5) (b) 4. under an extension of the order, or wishes to continue in out-of-home care under a voluntary agreement under sub. (3). If the person indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency shall request a transition-to-discharge hearing under par. (b). If the person indicates that he or she wishes to continue in out-of-home care under an extension of the order, the agency shall request an extension of the order under s. 938.365. If the person indicates that he or she wishes to continue in out-of-home care under a voluntary agreement under sub. (3), the agency and the person shall enter into such an agreement.

SB21-SSA1,4682 Section 4682. 938.366 (2) (b) 1. of the statutes is amended to read:

SB21-SSA1,1407,13 938.366 (2) (b) 1. If the person who is the subject of an order described in sub. (1) (a) indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency primarily responsible for providing services to the person under the order shall request the court to hold a transition-to-discharge hearing and shall cause notice of that request to be provided to that person, the parent, guardian, and legal custodian of that person, any foster parent or other physical custodian described in s. 48.62 (2) of that person, all parties who are bound by the dispositional order, and, if that person is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian, that person's Indian custodian and tribe.

SB21-SSA1,4683 Section 4683. 938.366 (2) (b) 3. of the statutes is amended to read:

SB21-SSA1,1407,19 938.366 (2) (b) 3. At the hearing the court shall review with the person who is the subject of an order described in sub. (1) (a) the options specified in par. (a) and shall advise the person that he or she may continue in out-of-home care as provided in par. (a) under an extension of the order or under a voluntary agreement under sub. (3).

SB21-SSA1,4684 Section 4684. 938.366 (2) (b) 4. of the statutes is amended to read:

SB21-SSA1,1408,10 938.366 (2) (b) 4. If the court determines that the person who is the subject of an order described in sub. (1) (a) understands that he or she may continue in out-of-home care, but wishes to be discharged from that care on termination of the order, the court shall advise the person that he or she may enter into a voluntary agreement under sub. (3) at any time before he or she is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first, so long as he or she is a full-time student at a secondary school or its vocational or technical equivalent and an individualized education program under s. 115.787 is in effect for him or her. If the court determines that the person wishes to continue in out-of-home care under an extension of the order described in sub. (1) (a), the court shall schedule an extension hearing under s. 938.365. If the court determines that the person wishes to continue in out-of-home care under a voluntary agreement under sub. (3), the court shall order the agency primarily responsible for providing services to the person under the order to provide transition-to-independent-living services for the person under a voluntary agreement under sub. (3).

SB21-SSA1,4685 Section 4685. 938.366 (3) (a) of the statutes is amended to read:

SB21-SSA1,1408,22 938.366 (3) (a) On termination of an order described in sub. (1) (a), the person who is the subject of the order, or the person's guardian on behalf of the person, and the agency primarily responsible for providing services to the person under the order may enter into a transition-to-independent-living agreement under which the person continues in out-of-home care and continues to be a full-time student at a secondary school or its vocational or technical equivalent under an individualized education program under s. 115.787 until the date on which the person reaches 21 years of age, is granted a high school or high school equivalency diploma, or terminates the agreement as provided in par. (b), whichever occurs first, and the agency provides services to the person to assist him or her in transitioning to independent living.

SB21-SSA1,4686 Section 4686. 938.366 (3) (am) of the statutes is created to read:

SB21-SSA1,1409,7 938.366 (3) (am) 1. No later than 150 days after a transition-to-independent-living agreement is entered into, the agency primarily responsible for providing services under the agreement shall petition the court for a determination that the person's placement in out-of-home care under the agreement is in the best interests of the person. The request shall contain the name and address of the placement and specific information showing why the placement is in the best interests of the person and shall have a copy of the agreement attached to it. The agency shall cause written notice of the petition to be sent to the person who is the subject of the agreement and the person's guardian.

SB21-SSA1,1409,13 2. On receipt of a petition under subd. 1., the court shall set a date for a hearing on the petition that allows a reasonable time for the parties to prepare but is within 30 days after the date of receipt of the petition. Not less than 3 days before the hearing the agency primarily responsible for providing services under the agreement or the court shall provide notice of the hearing to all persons who are entitled to receive notice under subd. 1. A copy of the petition shall be attached to the notice.

SB21-SSA1,1409,19 3. If the court finds that the person's placement in out-of-home care under the agreement is in the best interests of the person, the court shall grant an order determining that placement in out-of-home care under the agreement is in the best interests of the person. The court shall grant or deny the order no later than 180 days after the date on which the transition-to-independent-living agreement is entered into.

SB21-SSA1,1410,2 4. The court shall make the findings under subd. 3. on a case-by-case basis based on circumstances specific to the person and shall document or reference the specific information on which those findings are based in the order under subd. 3. An order that merely references subd. 3. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.

SB21-SSA1,4687 Section 4687. 938.366 (3) (d) of the statutes is created to read:

SB21-SSA1,1410,9 938.366 (3) (d) If the agency that enters into a voluntary agreement under this subsection is the department or a county department, the voluntary agreement shall also specifically state that the department or the county department has placement and care responsibility for the person who is the subject of the agreement as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the person.

SB21-SSA1,4688 Section 4688. 938.366 (3g) of the statutes is created to read:

SB21-SSA1,1410,14 938.366 (3g) Appeal procedures. Any person who is aggrieved by the failure of an agency to enter into a transition-to-independent-living agreement under sub. (3) or by an agency's termination of such an agreement has the right to a contested case hearing under ch. 227.

SB21-SSA1,4688x Section 4688x. 938.366 (4) (intro.) of the statutes is amended to read:

SB21-SSA1,1410,18 938.366 (4) Rules. (intro.) The department of children and families shall promulgate rules to implement this section. Those rules shall include all of the following:

SB21-SSA1,4689 Section 4689. 938.366 (4) (a) of the statutes is amended to read:

SB21-SSA1,1410,23 938.366 (4) (a) Rules permitting a foster home, group home, or residential care center for children and youth to provide care for persons who agree to continue in out-of-home care under an extension of an order described in sub. (1) (a) or a voluntary agreement under sub. (3).

SB21-SSA1,4689x Section 4689x. 938.38 (1) (a) of the statutes is amended to read:

SB21-SSA1,1411,2 938.38 (1) (a) "Agency" means the department of children and families, the department of corrections, a county department, or a licensed child welfare agency.

SB21-SSA1,4690 Section 4690. 938.38 (1) (ap) of the statutes is created to read:

SB21-SSA1,1411,5 938.38 (1) (ap) "Juvenile" includes a person 17 years of age or over for whom a permanency plan is required under sub. (2).

SB21-SSA1,4691 Section 4691. 938.38 (2) (d) of the statutes is amended to read:

SB21-SSA1,1411,9 938.38 (2) (d) The juvenile was placed under a voluntary agreement between the agency and the juvenile's parent under s. 48.63 (1) (a) or (5) (b) or under a voluntary transition-to-independent-living agreement under s. 938.366 (3).

SB21-SSA1,4692 Section 4692. 938.38 (4) (fg) 5. of the statutes is amended to read:

SB21-SSA1,1411,14 938.38 (4) (fg) 5. As provided in par. (fm), placement in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult, including sustaining care or long-term foster care, but not including independent living, or the goal of transitioning the juvenile to independence.

SB21-SSA1,4693 Section 4693. 938.38 (4) (fg) 6. of the statutes is repealed.

SB21-SSA1,4694 Section 4694. 938.38 (4) (fm) of the statutes is amended to read:

SB21-SSA1,1412,3 938.38 (4) (fm) If the agency determines that there is a compelling reason why it currently would not be in the best interests of the juvenile to return the juvenile to his or her home or to place the juvenile for adoption, with a guardian, or with a fit and willing relative as the permanency goal for the juvenile, the permanency goal of placing the juvenile in some other planned permanent living arrangement or of transitioning the juvenile to independence as described in par. (fg) 5. If the agency makes that determination, the plan shall include the efforts made to achieve that permanency goal, including, if appropriate, through an out-of-state placement, a statement of that compelling reason, and, notwithstanding that compelling reason, a concurrent plan under s. 938.355 (2b) towards achieving a goal under par. (fg) 1. to 4. as a concurrent permanency goal in addition to the permanency goal under par. (fg) 5.

SB21-SSA1,4695 Section 4695. 938.38 (5) (a) of the statutes is amended to read:

SB21-SSA1,1412,16 938.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed under par. (ag) shall review the permanency plan for each juvenile for whom a permanency plan is required under sub. (2) in the manner provided in this subsection not later than 6 months after the date on which the juvenile was first removed from his or her home and every 6 months after a previous review under this subsection for as long as the juvenile is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the juvenile was first removed from his or her home and the reviews that are required to be conducted every 12 months after that review, the court shall hold a hearing under sub. (5m) to review the permanency plan. The hearing may be instead of or in addition to the review under this subsection. The 6-month and 12-month periods referred to in this paragraph include trial reunifications under s. 938.358.

SB21-SSA1,4696 Section 4696. 938.38 (5) (c) 6. d. of the statutes is amended to read:

SB21-SSA1,1412,21 938.38 (5) (c) 6. d. Being placed in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult, including sustaining care or long-term foster care, but not including independent living, or transitioning to independence.

SB21-SSA1,4697 Section 4697. 938.38 (5) (c) 9. of the statutes is amended to read:

SB21-SSA1,1413,5 938.38 (5) (c) 9. If the juvenile is the subject of an order that terminates as provided in s. 938.355 (4) (am) 4., 938.357 (6) (a) 4., or 938.365 (5) (b) 4. or of a voluntary transition-to-independent-living agreement under s. 938.366 (3), the appropriateness of the transition-to-independent-living plan developed under s. 938.385; the extent of compliance with that plan by the juvenile, the juvenile's guardian, if any, the agency primarily responsible for providing services under that plan, and any other service providers; and the progress of the juvenile toward making the transition to independent living.

SB21-SSA1,4698 Section 4698. 938.38 (5m) (a) of the statutes is amended to read:

SB21-SSA1,1413,13 938.38 (5m) (a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in sub. (5) (c) for each juvenile for whom a permanency plan is required under sub. (2) no later than 12 months after the date on which the juvenile was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the juvenile is placed outside the home. The 12-month periods referred to in this paragraph include trial reunifications under s. 938.358.

SB21-SSA1,4699 Section 4699. 938.385 of the statutes is amended to read:

SB21-SSA1,1414,6 938.385 Plan for transition to independent living. During the 90 days immediately before a juvenile who is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement attains 18 years of age or, if the juvenile is placed in such a placement under an order under s. 938.355, 938.357, or 938.365 that terminates under s. 938.355 (4) (am) after the juvenile attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 938.366 (3) that terminates under s. 938.366 (3) (a) after the juvenile attains 18 years of age, during the 90 days immediately before the termination of the order or agreement, the agency primarily responsible for providing services to the juvenile under the order or agreement shall provide the juvenile with assistance and support in developing a plan for making the transition from out-of-home care to independent living. The transition plan shall be personalized at the direction of the juvenile, shall be as detailed as the juvenile directs, and shall include specific options for obtaining housing, health care, education, mentoring and continuing support services, and workforce support and employment services.

SB21-SSA1,4699e Section 4699e. 938.396 (2g) (b) 1. of the statutes is amended to read:

SB21-SSA1,1414,15 938.396 (2g) (b) 1. Upon request of the department of corrections, the department of children and families, or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under 45 CFR 1355, 1356, and 1357, the court shall open those records for inspection and copying by authorized representatives of that department or federal agency the requester. Those representatives shall keep those records confidential and may use and further disclose those records only for the purpose for which those records were requested.

SB21-SSA1,4699f Section 4699f. 938.396 (2g) (em) of the statutes is amended to read:

SB21-SSA1,1414,25 938.396 (2g) (em) Sex offender registration. Upon request of the department of corrections or the department of children and families to review court records for the purpose of obtaining information concerning a juvenile who is required to register under s. 301.45, the court shall open for inspection by authorized representatives of the department requester the records of the court relating to any juvenile who has been adjudicated delinquent or found in need of protection or services or not responsible by reason of mental disease or defect for an offense specified in s. 301.45 (1g) (a). The department of corrections may disclose information that it obtains under this paragraph as provided under s. 301.46.

SB21-SSA1,4699h Section 4699h. 938.396 (2m) (b) 1. of the statutes is amended to read:

SB21-SSA1,1415,16 938.396 (2m) (b) 1. The court shall make information relating to a proceeding under this chapter that is contained in the electronic records of the court available to any other court assigned to exercise jurisdiction under this chapter and ch. 48, a municipal court exercising jurisdiction under s. 938.17 (2), a court of criminal jurisdiction, a person representing the interests of the public under s. 48.09 or 938.09, an attorney or guardian ad litem for a parent or child who is a party to a proceeding in a court assigned to exercise jurisdiction under this chapter or ch. 48 or a municipal court, a district attorney prosecuting a criminal case, a law enforcement agency, the department of children and families, or the department of corrections, regardless of whether the person to whom the information is disclosed is a party to or is otherwise involved in the proceedings in which the electronic records containing that information were created. The director of state courts may use the circuit court automated information systems established under s. 758.19 (4) to make information contained in the electronic records of the court available as provided in this subdivision.

SB21-SSA1,4699i Section 4699i. 938.396 (2m) (c) 1r. of the statutes is amended to read:

SB21-SSA1,1415,25 938.396 (2m) (c) 1r. The department of children and families or the department of corrections shall keep any information made available to the that department under par. (b) 1. confidential and may use or allow access to that information only for the purpose of providing services under s. 48.06, 48.067, 48.069, 938.06, 938.067, or 938.069. The That department may allow that access regardless of whether the person who is allowed that access is a party to or is otherwise involved in the proceedings in which the electronic records containing that information were created.

SB21-SSA1,4699x Section 4699x. 938.48 (intro.) of the statutes is amended to read:

SB21-SSA1,1416,3 938.48 Authority of department of corrections. (intro.) The department of corrections may do all of the following:

SB21-SSA1,4700b Section 4700b. 938.48 (1) of the statutes is amended to read:

SB21-SSA1,1416,11 938.48 (1) Enforcement of laws. Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of those juveniles when adequate provision for those matters is not made. This duty shall be discharged in cooperation with the courts, the department of children and families, county departments, licensed child welfare agencies, parents, and other individuals interested in the welfare of juveniles.