Amendment SSA1-SB21

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.

SB21-SSA1,4700e Section 4700e. 938.48 (2) of the statutes is renumbered 938.485 (2).

SB21-SSA1,4701b Section 4701b. 938.48 (8p) of the statutes is renumbered 938.485 (4) and amended to read:

SB21-SSA1,1416,23 938.485 (4) Indian juvenile Reimbursement of tribes and counties for tribal delinquency placements. Reimburse Indian tribes and county departments, from the appropriation under s. 20.410 (3) 20.437 (1) (kp), for unexpected or unusually high-cost out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts. In this subsection, "unusually high-cost out-of-home care placements" means the amount by which the cost to an Indian tribe or to a county department of out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts exceeds $50,000 in a fiscal year.

SB21-SSA1,4702 Section 4702. 938.48 (13) of the statutes is amended to read:

SB21-SSA1,1417,4 938.48 (13) Allowances and cash grants. Promulgate rules for the payment of an allowance to juveniles in its institutions and a cash grant to a juvenile being discharged from its institutions or released to community supervision or aftercare supervision.

SB21-SSA1,4702e Section 4702e. 938.48 (16) of the statutes is amended to read:

SB21-SSA1,1417,9 938.48 (16) Standards for services. Establish Based on research into effective correctional programs and practices, establish and enforce standards for services for juveniles under the supervision of the department under s. 938.183, 938.34, or 938.345.

SB21-SSA1,4702h Section 4702h. 938.485 of the statutes is created to read:

SB21-SSA1,1417,12 938.485 Authority of department. The department may do all of the following:

SB21-SSA1,1417,19 (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 corrections, county departments, licensed child welfare agencies, parents, and other individuals interested in the welfare of juveniles.

SB21-SSA1,1418,2 (3) Prevention, treatment, and education. Study causes and methods of prevention and treatment of juvenile delinquency and related social problems and develop and maintain education and prevention programs that the department considers to be proper. The department may utilize all powers provided by the statutes, including the authority to accept grants of money or property from federal, state, or private sources, and enlist the cooperation of other agencies and state departments.

SB21-SSA1,1418,4 (5) Standards for services. Establish and enforce standards for services under s. 938.183, 938.34, or 938.345, other than juvenile correctional services.

SB21-SSA1,1418,8 (6) Juvenile programming research and recommendations. Identify and provide ways to improve the coordination of educational programs and services for juveniles and the parents and other family members of juveniles at the state and local levels by doing all of the following:

SB21-SSA1,1418,11 (a) Identifying and recommending ways to eliminate governmental barriers to local development of coordinated educational programs and services for juveniles and the parents and other family members of juveniles.

SB21-SSA1,1418,14 (b) Identifying and recommending ways to support and involve parents and other family members of juveniles in the planning, coordination, and delivery of services for juveniles.

SB21-SSA1,4702j Section 4702j. 938.49 (title) of the statutes is amended to read:

SB21-SSA1,1418,17 938.49 (title) Notification by court of placement with department; information for department of corrections; transfer of reports and records.

SB21-SSA1,4702k Section 4702k. 938.49 (1) of the statutes is amended to read:

SB21-SSA1,1418,25 938.49 (1) Notice to department of corrections of placement. When a court places a juvenile in a juvenile correctional facility or secured residential care center for children and youth under the supervision of the department of corrections, the court shall immediately notify the that department of that action. The court shall, in accordance with procedures established by the department of corrections, provide transportation for the juvenile to a receiving center designated by the that department or deliver the juvenile to department personnel of that department.

SB21-SSA1,4702n Section 4702n. 938.49 (2) (intro.) of the statutes is amended to read:

SB21-SSA1,1419,5 938.49 (2) Transfer of court report and pupil records. (intro.) When a court places a juvenile in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections, the court and all other public agencies shall immediately do all of the following:

SB21-SSA1,4702p Section 4702p. 938.49 (2) (a) of the statutes is amended to read:

SB21-SSA1,1419,9 938.49 (2) (a) Transfer to the department of corrections a copy of the report submitted to the court under s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession.

SB21-SSA1,4702r Section 4702r. 938.49 (2) (b) of the statutes is amended to read:

SB21-SSA1,1419,16 938.49 (2) (b) Notify the juvenile's last school district or, if the juvenile was last enrolled in a private school participating in the program under s. 118.60 or in the program under s. 119.23 or, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), in a school under the operation and general management of the governing body of a private school, the private school or the governing body of a private school, in writing of its obligation under s. 118.125 (4).

SB21-SSA1,4703b Section 4703b. 938.50 of the statutes is amended to read:

SB21-SSA1,1420,6 938.50 Examination of juveniles under supervision of department of corrections. The department of corrections shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. The examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations necessary to determine the type of placement appropriate for the juvenile, and an evaluation under s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision. The department of corrections shall screen a juvenile who is examined under this section to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. In making the examination the department of corrections may use any facilities, public or private, that offer assistance in determining the correct placement for the juvenile.

SB21-SSA1,4703bm Section 4703bm. 938.50 of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1420,23 938.50 Examination of juveniles under supervision of department. The department of corrections shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. The examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations necessary to determine the type of placement appropriate for the juvenile, and an evaluation under s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision (3) (a) to determine the appropriate level of supervision and services based on the juvenile's risks and needs. The department of corrections shall screen a juvenile who is examined under this section to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. In making the examination the department of corrections may use any facilities, public or private, that offer assistance in determining the correct placement for the juvenile.

SB21-SSA1,4703c Section 4703c. 938.505 (1) of the statutes is amended to read:

SB21-SSA1,1421,10 938.505 (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) or (5) (e) or under the supervision of a county department under s. 938.34 (4n), the department of corrections or county department having, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education , and ordinary medical and dental care for the juvenile, subject to the rights, duties , and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

SB21-SSA1,4703e Section 4703e. 938.505 (2) (a) (intro.) of the statutes is amended to read:

SB21-SSA1,1421,25 938.505 (2) (a) (intro.) If a juvenile 14 years of age or older is under the supervision of the department of corrections or a county department as described in sub. (1), is not residing in his or her home, and wishes to be administered psychotropic medication but a parent with legal custody or the guardian refuses to consent to the administration of psychotropic medication or cannot be found, or if there is no parent with legal custody, the department of corrections or county department acting on the juvenile's behalf may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines that all of the following apply, the court shall grant permission for the department of corrections or county department to administer psychotropic medication to the juvenile without the parent's or guardian's consent:

SB21-SSA1,4703h Section 4703h. 938.505 (2) (b) of the statutes is amended to read:

SB21-SSA1,1422,5 938.505 (2) (b) The court may, at the request of the department of corrections or county department, temporarily approve the administration of psychotropic medication, for not more than 10 days after the date of the request, pending the hearing on the petition. The hearing shall be held within that 10-day period.

SB21-SSA1,4703i Section 4703i. 938.51 (1) (intro.) of the statutes is amended to read:

SB21-SSA1,1422,14 938.51 (1) Release from secured facility or supervision. (intro.) At least 15 days prior to the date of release from a juvenile correctional facility or a secured residential care center for children and youth of a juvenile who has been adjudicated delinquent and at least 15 days prior to the release from the supervision of the department of corrections or a county department of a juvenile who has been adjudicated delinquent, the department of corrections or county department having, whichever has supervision over the juvenile, shall make a reasonable attempt to do all of the following:

SB21-SSA1,4703k Section 4703k. 938.51 (1d) (intro.) of the statutes is amended to read: