AB130: Bill Text

AB130,322,5 (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 the conditions of the juvenile's aftercare supervision. This time limit may be waived only upon the agreement of the aftercare provider, the juvenile and the juvenile's counsel.

AB130,322,9 (e) If the hearing examiner finds that the juvenile has violated a condition of aftercare supervision, the hearing examiner shall determine whether confinement in a secured correctional facility or a secured child caring institution is necessary to protect the public or to provide for the juvenile's rehabilitation.

AB130,322,12 (f) Review of a revocation decision shall be by certiorari to the court by whose order the juvenile was placed in a secured correctional facility or a secured child caring institution.

AB130,322,17 (g) The department 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 or county department seeking revocation to show to a reasonable certainty by the greater weight of the credible evidence that the juvenile violated a condition of aftercare supervision.

AB130,323,3 (5m) If a proposed change in placement changes 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 income, assets, debts and living expenses 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 a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department under s. 46.25 (9) and listing the factors that a court may consider under s. 46.10 (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. 46.10 (14).

AB130,323,5 (6) No change in placement may extend the expiration date of the original order.

AB130,323,17 938.36 Payment for services. (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the juvenile by a disposition made under s. 938.183 (2), 938.34 or 938.345 or by a change in placement under s. 938.357, the duty of the parent or guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the juvenile shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department, or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).

AB130,324,2 (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 to the department, or the county child and spousal support agency, under s. 46.25 (2m). 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 income, assets, debts and living expenses, 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.

AB130,324,11 (2) If a juvenile whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost thereof, if ordered by the court, shall be a charge upon the county. This section does not prevent recovery of the cost of providing educational programming for a child who is placed in a secure detention facility from the school district in which the child resides. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay. This subsection is subject to s. 46.03 (18).

AB130,324,13 (3) In determining county liability, this section does not apply to services specified in ch. 115.

AB130,324,15 938.361 Payment for alcohol and other drug abuse services. (1) In this section:

AB130,324,16 (a) "Alcohol and other drug abuse services" means all of the following:

AB130,324,18 1. Any alcohol or other drug abuse examination or assessment ordered under s. 938.295 (1), 938.34 (14s) (b) 1., 938.343 (10) (a) or 938.344 (2g) (a) 1.

AB130,324,20 2. Any special treatment or care that relates to alcohol or other drug abuse services ordered under s. 938.34 (6) (a) or (am).

AB130,324,22 3. Any alcohol or other drug abuse treatment or education ordered by a court under s. 938.32 (1g) or 938.34 (6) (a) or (am), (6r) or (14s) (b) 1. or 2.

AB130,324,23 (b) "Municipality" means a city, village or town.

AB130,325,10 (2) (a) 1. If a juvenile's parent is unable to provide or refuses to provide court-ordered alcohol and other drug abuse services for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding s. 938.36 (3) the court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal court may order the parent to pay for the alcohol and drug abuse services. If the parent consents to provide alcohol and other drug abuse services for a juvenile through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the alcohol and other drug abuse services the court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal court may order the health insurance provider or 3rd-party payer to pay for the alcohol and other drug abuse services in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.

AB130,325,12 2. This paragraph applies to payment for alcohol and other drug abuse services in any county, regardless of whether the county is a pilot county under s. 938.547.

AB130,325,15 (am) 1. If a court assigned to exercise jurisdiction under this chapter and ch. 48 in a county that has a pilot program under s. 938.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with par. (b).

AB130,325,19 2. If a court assigned to exercise jurisdiction under this chapter and ch. 48 in a county that does not have a pilot program under s. 938.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with s. 938.34 (6) (ar) or 938.36.

AB130,325,23 3. If a municipal court finds that payment is not attainable under par. (a), the municipal court may order the municipality over which the municipal court has jurisdiction to pay for any alcohol and other drug abuse services ordered by the municipal court.

AB130,326,4 (b) 1. In counties that have a pilot program under s. 938.547, in addition to using the alternative provided for under par. (a), the court assigned to exercise jurisdiction under this chapter and ch. 48 may order a county department of human services established under s. 46.23 or a county department established under s. 51.42 or 51.437 in the juvenile's county of legal residence to pay for the alcohol and other drug abuse services whether or not custody has been taken from the parent.

AB130,326,8 2. If a judge orders a county department established under s. 51.42 or 51.437 to provide alcohol and other drug abuse services under this paragraph, the provision of the alcohol and other drug abuse services shall be subject to conditions specified in ch. 51.

AB130,326,16 (c) Payment for alcohol and other drug abuse services by a county department or municipality under this section does not prohibit the county department or municipality from contracting with another county department, municipality, school district or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county or municipality under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug abuse services from the parent which is based upon the ability of the parent to pay. This subsection is subject to s. 46.03 (18).

AB130,326,19 938.362 Payment for certain special treatment or care services. (1) In this section, "special treatment or care" has the meaning given in s. 938.02 (17m), except that it does not include alcohol and other drug abuse services.

AB130,326,22 (2) This section applies to the payment of court-ordered special treatment or care under s. 938.34 (6) (a) or (am), whether or not custody has been taken from the parent.

AB130,327,7 (3) If a juvenile's parent is unable to provide or refuses to provide court-ordered special treatment or care for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding s. 938.36 (3), the court may order the parent to pay for the court-ordered special treatment or care. If the parent consents to provide court-ordered special treatment or care for a juvenile through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.

AB130,327,11 (4) (a) If the court finds that payment is not attainable under sub. (3), the court may order the county department under s. 51.42 or 51.437 of the juvenile's county of legal residence to pay the cost of any court-ordered special treatment or care that is provided by or under contract with that county department.

AB130,327,15 (b) Payment for special treatment or care by a county department under par. (a) does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of special treatment or care.

AB130,327,19 (c) A county department that pays for court-ordered special treatment or care under par. (a) may recover from the parent, based on the parent's ability to pay, a reasonable contribution toward the costs of court-ordered special treatment or care. This paragraph is subject to s. 46.03 (18).

AB130,328,24 938.363 Revision of dispositional orders. (1) A juvenile, the juvenile's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the parent, juvenile, guardian and legal custodian, all parties bound by the dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. 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 income, assets, debts and living expenses 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 a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department under s. 46.25 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under s. 938.34 (3) (f) or (6) (am) to impose more than 30 days of detention, nonsecure custody or inpatient treatment on a child.

AB130,329,5 (2) If the court revises a dispositional order under sub. (1) with respect to the amount of child support to be paid by a parent for the care and maintenance of the parent's minor juvenile who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in s. 46.10 (14).

AB130,329,11 938.364 Dismissal of certain dispositional orders. A juvenile, the juvenile's parent, guardian or legal custodian or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a judge to dismiss an order made under s. 938.342 (2) if the juvenile shows documentary proof that he or she is enrolled in a school program or a high school equivalency program, or the court may on its own motion propose such a dismissal.

AB130,329,16 938.365 Extension of orders. (1) In this section, "2 or more years" means a period of time that begins with the first placement of the juvenile outside of his or her home pursuant to an order under this section or s. 938.345, 938.357 or 938.363 and includes any period of time in which the juvenile returned home, unless the periods of time at home account for the majority of the time since the first placement.

AB130,329,24 (1m) The parent, juvenile, guardian, legal custodian, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered or the court on its own motion, may request an extension of an order under s. 938.355. The request shall be submitted to the court which entered the order. No order under s. 938.355 that placed a child in detention, nonsecure custody or inpatient treatment under s. 938.34 (3) (f) or (6) (am) may be extended. No other order under s. 938.355 may be extended except as provided in this section.

AB130,330,5 (2) No order may be extended without a hearing. The court shall notify the juvenile or the juvenile's guardian ad litem or counsel, the juvenile's parent, guardian, legal custodian, all of the parties present at the original hearing and the district attorney or corporation counsel in the county in which the dispositional order was entered of the time and place of the hearing.

AB130,330,10 (2g) (a) At the hearing the person or agency primarily responsible for providing services to the juvenile shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the juvenile's rehabilitation or care and treatment. The juvenile offender review program may file a written report regarding any juvenile examined by the program.

AB130,330,12 (b) If the juvenile is placed outside of his or her home, the report shall include all of the following:

AB130,330,15 1. A copy of the report of the review panel under s. 938.38 (5), if any, and a response to the report from the agency primarily responsible for providing services to the juvenile.

AB130,330,21 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, a description of efforts to return the juvenile to his or her home, including efforts of the parents to remedy factors which contributed to the juvenile's placement and, if continued placement outside of the juvenile's home is recommended, an explanation of why returning the juvenile to his or her home is not feasible.

AB130,331,12 3. If the juvenile has been placed outside of his or her home for 2 or more years, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the juvenile. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the juvenile and whether or not the juvenile should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the juvenile be registered with the adoption information exchange or report the reason why registering the juvenile is contrary to the best interest of the juvenile.

AB130,331,17 (c) In cases where the juvenile has not been placed outside the home, the report shall contain a description of efforts that have been made by all parties concerned toward meeting the objectives of treatment, care or rehabilitation, an explanation of why these efforts have not yet succeeded in meeting the objective, and anticipated future planning for the juvenile.

AB130,331,22 (2m) (a) Any party may present evidence relevant to the issue of extension. The court shall make findings of fact and conclusions of law based on the evidence, including a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the juvenile to make it possible for the juvenile to return to his or her home. An order shall be issued under s. 938.355.

AB130,331,25 (b) If a juvenile has been placed outside the home under s. 938.345 and an extension is ordered under this subsection, the court shall state in the record the reason for the extension.

AB130,332,2 (3) The appearance of any juvenile may be waived by consent of the juvenile, counsel or guardian ad litem.

AB130,332,4 (4) The court shall determine which dispositions are to be considered for extensions.

AB130,332,6 (5) Except as provided in s. 938.368, all orders shall be for a specified length of time not to exceed one year.

AB130,332,13 (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.

AB130,332,16 (7) Nothing in this section may be construed to allow any changes in placement or revocation of aftercare supervision. Revocation and other changes in placement may take place only under s. 938.357.

AB130,332,22 938.366 Extended court jurisdiction. (1) Applicability. (a) If the person committed any crime specified under s. 940.21 or 940.225 (1) (a) to (c), is adjudged delinquent on that basis and is placed in a secured correctional facility or a secured child caring institution under s. 938.34 (4m), the court shall enter an order extending its jurisdiction until the person reaches 21 years of age or until the termination of the order under sub. (6), whichever occurs earlier.

AB130,333,2 (b) If the person committed a crime specified in s. 940.20 (1) or 946.43 while placed in a secured correctional facility or a secured child caring institution and is adjudged delinquent on that basis following transfer of jurisdiction under s. 970.032, the court shall enter an order extending its jurisdiction until the person reaches 21 years of age or until termination of the order under sub. (6), whichever occurs earlier.

AB130,333,4 (5) Revision of order. (a) Any of the following may petition the court for a revision of an order:

AB130,333,5 1. The person subject to the order.

AB130,333,7 2. The department or county department ordered under s. 938.34 (4n) to provide aftercare supervision of the person.

AB130,333,10 (b) The department or county department may, at any time, file a petition proposing either release of a person subject to an order to aftercare supervision or revocation of the person's aftercare supervision. The petition shall set forth in detail:

AB130,333,12 1. The proposed treatment and supervision plan and proposed institutional placement, if any.

AB130,333,14 2. Any available information that is relevant to the advisability of revising the order.

AB130,333,17 (c) The person subject to an order may, no more often than once each year, file a petition proposing his or her release to aftercare supervision. The petition shall set forth in detail:

AB130,333,18 1. The proposed conditions of aftercare supervision.

AB130,333,20 2. Any available information that is relevant to the advisability of revising the order.

AB130,334,4 (d) 1. At the time the department or county department files a petition under par. (a), it shall provide written notice of the petition to the person who is the subject of the petition. The notice to the person who is the subject of the petition shall state that the person has a right to request a hearing on the petition and, if the petition is for revocation of a person's aftercare supervision, that the person has the right to counsel. The department or county department shall also provide written notice of the petition to the office of the district attorney that filed the petition on the basis of which the juvenile was adjudged delinquent and the victim, if any, of the delinquent act.

AB130,334,7 2. At the time a person subject to an order files a petition under par. (a), the person shall provide written notice of the petition to the department or county department, as applicable.

AB130,334,9 (e) In making a determination under this subsection, the court shall balance the needs of the person with the protection of the public.

AB130,334,13 (f) If the court grants a petition to release a person to aftercare supervision and the person's county of residence is one in which the county department provides aftercare supervision, the department may contract with the county department under s. 46.036 for aftercare supervision of the person.

AB130,334,14 (g) Sections 938.357 and 938.363 do not apply to orders under this subsection.

AB130,334,17 (6) Petition for discharge; hearings. (a) Any of the following may petition the court that entered an order to terminate the order and to discharge the person subject to the order from supervision:

AB130,334,18 1. The person subject to the order.

AB130,334,20 2. The department or county department ordered under s. 938.34 (4n) to provide aftercare supervision of the person.

AB130,334,24 (b) The petition shall state the factual basis for the petitioner's belief that discharge will not pose a threat of bodily harm to other persons. The department or county department may file a petition at any time. The person subject to the order may file a petition not more often than once a year.

AB130,335,7 (c) 1. At the time the department or county department files a petition under par. (a), it shall provide written notice of the petition to the person who is the subject of the petition. The notice to the person who is the subject of the petition shall state that the person has the right to counsel. The department or county department shall also provide written notice of the petition to the office of the district attorney that filed the petition on the basis of which the person was adjudged delinquent and to the victim, if any, of the delinquent act.

AB130,335,11 2. At the time a person subject to an order files a petition under par. (a), he or she shall provide written notice of the petition to the department or county department, whichever has been ordered under s. 938.34 (4n) to provide aftercare supervision of the person.

AB130,335,14 (d) If the court denies the petition, the person shall remain under the jurisdiction of the court until the expiration of the order or until a subsequent petition for discharge under this subsection is granted, whichever is sooner.

AB130,335,20 (7) Notice of hearing. Upon receipt of a request for a hearing under sub. (5) or upon receipt of a petition under sub. (6), the court shall set a date for a hearing on the matter. In any of those cases, the court shall notify the department and each person specified in sub. (5) (d) 1. or (6) (c) 1. of the hearing at least 7 days before the hearing, except that if any such person lives outside of this state the notice shall be mailed at least 14 days before the hearing.

AB130,336,2 (8) Transfer to or between facilities. The department may transfer a person subject to an order between secured correctional facilities and secured child caring institutions. After the person attains the age of 17 years, the department may, after consulting with the department of corrections, place the person in a state prison named in s. 302.01. The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

AB130,336,8 938.368 Continuation of dispositional orders. If a petition for termination of parental rights is filed under s. 48.41 or 48.415 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under s. 938.355 or an extension order under s. 938.365 is in effect, the dispositional or extension order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.

AB130,336,11 938.37 Costs. (1) A court assigned to exercise jurisdiction under this chapter and ch. 48 may not assess costs or assessments against a juvenile under 14 years of age but may assess costs against a juvenile 14 years of age or older.

AB130,336,15 (3) Notwithstanding sub. (1), courts of civil and criminal jurisdiction exercising jurisdiction under s. 938.17 may assess the same costs, penalty assessments and jail assessments against juveniles as they may assess against adults, except that witness fees may not be charged to the juvenile.

AB130,336,23 938.371 Access to certain information by substitute care provider. At the time of placement of a juvenile in a foster home, group home or child caring institution 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 or operator of the group home or child caring institution 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:

AB130,337,5 (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 or operator of the group home or child caring institution of the confidentiality requirements under s. 252.15 (6).

AB130,337,9 (2) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B. The foster parent or operator of a group home or child caring institution receiving information under this subsection shall keep the information confidential.

AB130,337,14 (3) Findings or opinions of the court or agency that prepared the court report or permanency plan relating to any mental, emotional, cognitive, developmental or behavioral disability of the juvenile. The foster parent or operator of a group home or child caring institution receiving information under this subsection shall keep the information confidential.

AB130,337,21 938.373 Medical authorization. (1) The court assigned to exercise jurisdiction under this chapter and ch. 48 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and ch. 48 determines that reasonable cause exists for the services and that the juvenile is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 48 and, except as provided in s. 938.296 (4), consents.

AB130,337,23 (2) Section 48.375 (7) applies if the medical service authorized under sub. (1) is an abortion.

AB130,337,25 SUBCHAPTER VII PERMANENCY PLANNING; RECORDS

AB130,338,1 938.38 Permanency planning. (1) Definitions. In this section:

AB130,338,3 (a) "Agency" means the department, a county department or a licensed child welfare agency.

AB130,338,7 (am) "Independent agency" means a private, nonprofit organization, but does not include a licensed child welfare agency that is authorized to prepare permanency plans or that is assigned the primary responsibility of providing services under a permanency plan.

AB130,338,10 (b) "Permanency plan" means a plan designed to ensure that a juvenile is reunified with his or her family whenever possible, or that the juvenile quickly attains a placement or home providing long-term stability.

AB130,338,16 (2) Permanency plan required. Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, child caring institution, secure detention facility or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 shall prepare a written permanency plan, if any of the following conditions exists: