SB106, s. 19 24Section 19. 48.355 (2e) (c) of the statutes is amended to read:
SB106,16,5
148.355 (2e) (c) Either the court or the agency that prepared the permanency
2plan shall furnish a copy of the original plan and each revised plan to the child's
3parent or guardian, to the child or the child's counsel or guardian ad litem, to the
4child's court-appointed special advocate
and to the person representing the interests
5of the public.
SB106, s. 20 6Section 20. 48.357 (1) of the statutes is amended to read:
SB106,17,97 48.357 (1) The person or agency primarily responsible for implementing the
8dispositional order, the district attorney or the corporation counsel may request a
9change in the placement of the child or expectant mother, whether or not the change
10requested is authorized in the dispositional order and shall cause written notice to
11be sent to the child, the parent, guardian and legal custodian of the child, any foster
12parent, treatment foster parent or other physical custodian described in s. 48.62 (2)
13of the child, the child's court-appointed special advocate and, if the child is the
14expectant mother of an unborn child under s. 48.133, the unborn child by the unborn
15child's guardian ad litem. If the expectant mother is an adult, written notice shall
16be sent to the adult expectant mother and the unborn child by the unborn child's
17guardian ad litem. The notice shall contain the name and address of the new
18placement, the reasons for the change in placement, a statement describing why the
19new placement is preferable to the present placement and a statement of how the
20new placement satisfies objectives of the treatment plan ordered by the court. Any
21person receiving the notice under this subsection or notice of a specific placement
22under s. 48.355 (2) (b) 2., other than a court-appointed special advocate, may obtain
23a hearing on the matter by filing an objection with the court within 10 days after
24receipt of the notice. Placements may not be changed until 10 days after that notice
25is sent to the court unless the parent, guardian or legal custodian and the child, if

112 years of age or over, or the child expectant mother, if 12 years of age or over, her
2parent, guardian or legal custodian and the unborn child by the unborn child's
3guardian ad litem, or the adult expectant mother and the unborn child by the unborn
4child's guardian ad litem, sign written waivers of objection, except that placement
5changes which were authorized in the dispositional order may be made immediately
6if notice is given as required in this subsection. In addition, a hearing is not required
7for placement changes authorized in the dispositional order except when an objection
8filed by a person who received notice alleges that new information is available which
9affects the advisability of the court's dispositional order.
SB106, s. 21 10Section 21. 48.357 (2m) of the statutes is amended to read:
SB106,18,911 48.357 (2m) The child, the parent, guardian or legal custodian of the child, the
12expectant mother, the unborn child by the unborn child's guardian at litem or any
13person or agency primarily bound by the dispositional order, other than the person
14or agency responsible for implementing the order, may request a change in
15placement under this subsection. The request shall contain the name and address
16of the place of the new placement requested and shall state what new information
17is available which affects the advisability of the current placement. This request
18shall be submitted to the court. In addition, the court may propose a change in
19placement on its own motion. The court shall hold a hearing on the matter prior to
20ordering any change in placement under this subsection if the request states that
21new information is available which affects the advisability of the current placement,
22unless written waivers of objection to the proposed change in placement are signed
23by all parties persons entitled to receive notice under sub. (1), other than a
24court-appointed special advocate,
and the court approves. If a hearing is scheduled,
25the court shall notify the child, the parent, guardian and legal custodian of the child,

1any foster parent, treatment foster parent or other physical custodian described in
2s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties who
3are bound by the dispositional order and, if the child is the expectant mother of an
4unborn child under s. 48.133, the unborn child by the unborn child's guardian ad
5litem, or shall notify the adult expectant mother, the unborn child by the unborn
6child's guardian ad litem and all parties who are bound by the dispositional order,
7at least 3 days prior to the hearing. A copy of the request or proposal for the change
8in placement shall be attached to the notice. If all the parties consent, the court may
9proceed immediately with the hearing.
SB106, s. 22 10Section 22. 48.363 (1) of the statutes is amended to read:
SB106,19,2111 48.363 (1) A child, the child's parent, guardian or legal custodian, an expectant
12mother, an unborn child by the unborn child's guardian ad litem, any person or
13agency bound by a dispositional order or the district attorney or corporation counsel
14in the county in which the dispositional order was entered may request a revision in
15the order that does not involve a change in placement, including a revision with
16respect to the amount of child support to be paid by a parent, or the court may on its
17own motion propose such a revision. The request or court proposal shall set forth in
18detail the nature of the proposed revision and what new information is available that
19affects the advisability of the court's disposition. The request or court proposal shall
20be submitted to the court. The court shall hold a hearing on the matter if the request
21or court proposal indicates that new information is available which affects the
22advisability of the court's dispositional order and prior to any revision of the
23dispositional order, unless written waivers of objections to the revision are signed by
24all parties entitled to receive notice and the court approves. If a hearing is held, the
25court shall notify the child, the child's parent, guardian and legal custodian, all

1parties bound by the dispositional order, the child's foster parent, treatment foster
2parent or other physical custodian described in s. 48.62 (2), the child's
3court-appointed special advocate,
the district attorney or corporation counsel in the
4county in which the dispositional order was entered, and, if the child is the expectant
5mother of an unborn child under s. 48.133, the unborn child by the unborn child's
6guardian ad litem or shall notify the adult expectant mother, the unborn child
7through the unborn child's guardian ad litem, all parties bound by the dispositional
8order and the district attorney or corporation counsel in the county in which the
9dispositional order was entered, at least 3 days prior to the hearing. A copy of the
10request or proposal shall be attached to the notice. If the proposed revision is for a
11change in the amount of child support to be paid by a parent, the court shall order
12the child's parent to provide a statement of income, assets, debts and living expenses
13to the court and the person or agency primarily responsible for implementing the
14dispositional order by a date specified by the court. The clerk of court shall provide,
15without charge, to any parent ordered to provide a statement of income, assets, debts
16and living expenses a document setting forth the percentage standard established
17by the department of workforce development under s. 49.22 (9) and the manner of
18its application established by the department of health and family services under s.
1946.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all
20parties consent, the court may proceed immediately with the hearing. No revision
21may extend the effective period of the original order.
SB106, s. 23 22Section 23. 48.365 (2) of the statutes is amended to read:
SB106,20,823 48.365 (2) No order may be extended without a hearing. The court shall notify
24the child, the child's parent, guardian and legal custodian, all the parties present at
25the original hearing, the child's foster parent, treatment foster parent or other

1physical custodian described in s. 48.62 (2), the child's court-appointed special
2advocate,
the district attorney or corporation counsel in the county in which the
3dispositional order was entered and, if the child is an expectant mother of an unborn
4child under s. 48.133, the unborn child by the unborn child's guardian ad litem, or
5shall notify the adult expectant mother, the unborn child through the unborn child's
6guardian ad litem, all the parties present at the original hearing and the district
7attorney or corporation counsel in the county in which the dispositional order was
8entered, of the time and place of the hearing.
SB106, s. 24 9Section 24. 48.38 (5) (b) of the statutes is amended to read:
SB106,20,2210 48.38 (5) (b) The court or the agency shall notify the parents of the child, the
11child if he or she is 12 years of age or older and the child's foster parent, the child's
12treatment foster parent or the operator of the facility in which the child is living of
13the date, time and place of the review, of the issues to be determined as part of the
14review, of the fact that they may have an opportunity to be heard at the review by
15submitting written comments not less than 10 working days before the review or by
16participating at the review. The court or agency shall notify the person representing
17the interests of the public, the child's counsel and, the child's guardian ad litem and
18the child's court-appointed special advocate
of the date of the review, of the issues
19to be determined as part of the review and of the fact that they may submit written
20comments not less than 10 working days before the review. The notices under this
21paragraph shall be provided in writing not less than 30 days before the review and
22copies of the notices shall be filed in the child's case record.
SB106, s. 25 23Section 25. 48.38 (5) (d) of the statutes is amended to read:
SB106,21,1024 48.38 (5) (d) Notwithstanding s. 48.78 (2) (a), the agency that prepared the
25permanency plan shall, at least 5 days before a review by a review panel, provide to

1each person appointed to the review panel, the person representing the interests of
2the public, the child's counsel and, the child's guardian ad litem and the child's
3court-appointed special advocate
a copy of the permanency plan and any written
4comments submitted under par. (b). Notwithstanding s. 48.78 (2) (a), a person
5appointed to a review panel, the person representing the interests of the public, the
6child's counsel and, the child's guardian ad litem and the child's court-appointed
7special advocate
may have access to any other records concerning the child for the
8purpose of participating in the review. A person permitted access to a child's records
9under this paragraph may not disclose any information from the records to any other
10person.
SB106, s. 26 11Section 26. 48.38 (5) (e) of the statutes is amended to read:
SB106,21,1712 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
13the determinations under par. (c) and shall provide a copy to the court that entered
14the order, the child or the child's counsel or guardian ad litem, the person
15representing the interests of the public, the child's parent or guardian , the child's
16court-appointed special advocate
and the child's foster parent, the child's treatment
17foster parent or the operator of the facility where the child is living.
SB106, s. 27 18Section 27. 48.981 (2) of the statutes is amended to read:
SB106,22,2119 48.981 (2) Persons required to report. A physician, coroner, medical
20examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or
21mental health professional, social worker, marriage and family therapist,
22professional counselor, public assistance worker, including a financial and
23employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or
24counselor, mediator under s. 767.11, child care worker in a day care center or child
25caring institution, day care provider, alcohol or other drug abuse counselor, member

1of the treatment staff employed by or working under contract with a county
2department under s. 46.23, 51.42 or 51.437, physical therapist, occupational
3therapist, dietitian, speech-language pathologist, audiologist, emergency medical
4technician or police or law enforcement officer having reasonable cause to suspect
5that a child seen in the course of professional duties has been abused or neglected
6or having reason to believe that a child seen in the course of professional duties has
7been threatened with abuse or neglect and that abuse or neglect of the child will occur
8shall, except as provided under sub. (2m), report as provided in sub. (3). A
9court-appointed special advocate having reasonable cause to suspect that a child
10seen in the course of the court-appointed special advocate's volunteer activities
11under s. 48.236 (3) or 938.236 (3) has been abused or neglected or having reason to
12believe that a child seen in the course of those activities has been threatened with
13abuse and neglect and that abuse or neglect of the child will occur shall, except as
14provided in sub. (2m), report as provided in sub. (3).
Any other person, including an
15attorney, having reason to suspect that a child has been abused or neglected or reason
16to believe that a child has been threatened with abuse or neglect and that abuse or
17neglect of the child will occur may make such a report. Any person, including an
18attorney having reason to suspect that an unborn child has been abused or reason
19to believe that an unborn child is at substantial risk of abuse may report as provided
20in sub. (3). No person making a report under this subsection may be discharged from
21employment for so doing.
SB106, s. 28 22Section 28. 48.981 (7) (a) 11r. of the statutes is amended to read:
SB106,23,923 48.981 (7) (a) 11r. A volunteer appointed court-appointed special advocate
24designated under s. 48.236 (1) or 938.236 (1)
or person employed by a
25court-appointed special advocate program recognized by the county board or the

1county department or, in a county having a population of 500,000 or more, the
2department or a licensed child welfare agency under contract with the department

3chief judge of a judicial administrative district under s. 48.07 (5) or 938.07 (5), to the
4extent necessary for the court-appointed special advocate to perform the advocacy
5services specified in s. 48.236 (3) or 938.236 (3) that the court-appointed special
6advocate was designated to perform
in proceedings related to a petition under s.
748.13 or 48.133 for which the court-appointed special advocate program is
8recognized by the county board, county department or department
or 938.13 (4), (6),
9(6m) or (7)
.
SB106, s. 29 10Section 29. 118.125 (2) (L) of the statutes is amended to read:
SB106,23,1411 118.125 (2) (L) A school board shall disclose the pupil records of a pupil in
12compliance with a court order under s. 48.236 (4) (a), 48.345 (12) (b), 938.236 (4) (a),
13938.34 (7d) (b), 938.396 (1m) (c) or (d) or 938.78 (2) (b) 2. after making a reasonable
14effort to notify the pupil's parent or legal guardian.
SB106, s. 30 15Section 30. 938.07 (5) of the statutes is created to read:
SB106,24,216 938.07 (5) Court-appointed special advocate program. (a) Memorandum of
17understanding.
The court may obtain the services of a court-appointed special
18advocate program that has been recognized by the chief judge of the judicial
19administrative district. A chief judge of a judicial administrative district may
20recognize a court-appointed special advocate program by entering into a
21memorandum of understanding with the court-appointed special advocate program
22that specifies the responsibilities of the court-appointed special advocate program
23and of a court-appointed special advocate designated under s. 938.236 (1). The
24memorandum of understanding shall specify that the court-appointed special

1advocate program is responsible for selecting, training, supervising and evaluating
2the volunteers participating in the program as provided in pars. (b) to (d).
SB106,24,113 (b) Selection. 1. A court-appointed special advocate program may select a
4person to participate in the program if the person is 21 years of age or older,
5demonstrates an interest in the welfare of juveniles, undergoes a satisfactory
6background investigation as provided under subd. 2., completes the training
7required under par. (c) and meets any other qualifications required by the
8court-appointed special advocate program. A court-appointed special advocate
9program may refuse to permit to participate in the program any person whose
10participation in the program might pose a risk, as determined by the
11court-appointed special advocate program, to the safety of any juvenile.
SB106,24,2412 2. On receipt of an application from a prospective court-appointed special
13advocate, the court-appointed special advocate program, with the assistance of the
14department of justice, shall conduct a background investigation of the applicant. If
15the court-appointed special advocate program determines that any information
16obtained as a result of the background investigation provides a reasonable basis for
17further investigation, the court-appointed special advocate program may require
18the applicant to be fingerprinted on 2 fingerprint cards, each bearing a complete set
19of the applicant's fingerprints. The department of justice may provide for the
20submission of the fingerprint cards to the federal bureau of investigation for the
21purposes of verifying the identification of the applicant and obtaining the applicant's
22criminal arrest and conviction record. The court-appointed special advocate
23program shall keep confidential all information received from the department of
24justice and the federal bureau of investigation under this subdivision.
SB106,25,10
1(c) Training. A court-appointed special advocate program shall require a
2volunteer selected under par. (b) to complete a training program before the volunteer
3may be designated as a court-appointed special advocate under s. 938.236 (1). The
4training program shall include instruction on recognizing child abuse and neglect,
5cultural competency, as defined in s. 48.982 (1) (bm), child development, the
6procedures of the court, permanency planning, the responsibilities of a
7court-appointed special advocate under s. 938.236 (3) and information gathering
8and documentation, and shall include observation of a proceeding under s. 938.13 (4),
9(6), (6m) or (7). A court-appointed special advocate program shall also require each
10volunteer to complete continuing training annually.
SB106,25,1711 (d) Supervision and evaluation. The supervisory support staff of a
12court-appointed special advocate program shall be easily accessible to the
13volunteers of the program, shall hold regular case conferences with those volunteers
14to review case progress and shall conduct annual performance evaluations of those
15volunteers. A court-appointed special advocate program shall provide its staff and
16volunteers with written guidelines describing the policies, practices and procedures
17of the program and the responsibilities of a volunteer with the program.
SB106, s. 31 18Section 31. 938.23 (6) of the statutes is amended to read:
SB106,25,2219 938.23 (6) Definition. For the purposes of this section, "counsel" means an
20attorney acting as adversary counsel who shall advance and protect the legal rights
21of the party represented, and who may not act as guardian ad litem or
22court-appointed special advocate
for any party in the same proceeding.
SB106, s. 32 23Section 32. 938.235 (2) of the statutes is amended to read:
SB106,26,424 938.235 (2) Qualifications. The guardian ad litem shall be an attorney
25admitted to practice in this state. No person who is an interested party in a

1proceeding, who appears as counsel or court-appointed special advocate in a
2proceeding on behalf of any party or who is a relative or representative of an
3interested party in a proceeding may be appointed guardian ad litem in that
4proceeding.
SB106, s. 33 5Section 33. 938.236 of the statutes is created to read:
SB106,26,16 6938.236 Court-appointed special advocate. (1) Designations. In any
7proceeding under s. 938.13 (4), (6), (6m) or (7) in which the court finds that providing
8the services of a court-appointed special advocate would be in the best interests of
9the juvenile, the court may request a court-appointed special advocate program to
10designate a person who meets the qualifications specified in sub. (2) as a
11court-appointed special advocate to undertake the activities specified in sub. (3). A
12court-appointed special advocate does not become a party to the proceeding and, as
13a nonparty, may not make motions or call or cross-examine witnesses. A designation
14under this subsection terminates when the jurisdiction of the court over the juvenile
15under s. 938.13 (4), (6), (6m) or (7) terminates, unless the court discharges the
16court-appointed special advocate sooner.
SB106,26,22 17(2) Qualifications. A court-appointed special advocate shall be a volunteer
18who has been selected and trained as provided in s. 938.07 (5) (b) and (c). No person
19who is a party in a proceeding, who appears as counsel or guardian ad litem in a
20proceeding on behalf of any party or who is a relative or representative of a party in
21a proceeding may be designated as a court-appointed special advocate in that
22proceeding.
SB106,26,24 23(3) Activities. A court-appointed special advocate may be designated under
24sub. (1) to perform any of the following activities:
SB106,27,4
1(a) Gather information and make observations about the juvenile for whom the
2designation is made, the juvenile's family and any other person residing in the same
3home as the juvenile and provide that information and those observations to the
4court in the form of written reports or, if requested by the court, oral testimony.
SB106,27,135 (b) Maintain regular contact with the juvenile for whom the designation is
6made; monitor the appropriateness and safety of the environment of the juvenile, the
7extent to which the juvenile and the juvenile's family are complying with any consent
8decree or dispositional order of the court and with any permanency plan under s.
9938.38, and the extent to which any agency that is required to provide services for
10the juvenile and the juvenile's family under a consent decree, dispositional order or
11permanency plan is providing those services; and, based on that regular contact and
12monitoring, provide information to the court in the form of written reports or, if
13requested by the court, oral testimony.
SB106,27,1414 (c) Advocate for the best interests of the juvenile.
SB106,27,1615 (d) Undertake any other activities that are consistent with the memorandum
16of understanding entered into under s. 938.07 (5) (a).
SB106,27,20 17(4) Authority. A court that requests a court-appointed special advocate
18program to designate a court-appointed special advocate to undertake the activities
19specified in sub. (3) shall include in the order requesting that designation an order
20authorizing the court-appointed special advocate to do any of the following:
SB106,28,1221 (a) Inspect any reports and records relating to the juvenile who is the subject
22of the proceeding, the juvenile's family and any other person residing in the same
23home as the juvenile that are relevant to the subject matter of the proceeding,
24including records discoverable under s. 938.293, examination reports under s.
25938.295 (2) (b), law enforcement reports and records under ss. 48.396 (1) and 938.396

1(1), court records under ss. 48.396 (2) (a) and 938.396 (2) (a), social welfare agency
2records under s. 48.78 (2) (a) and 938.78 (2) (a), abuse and neglect reports and records
3under s. 48.981 (7) (a) 11r. and pupil records under s. 118.125 (2) (L). The order shall
4also require the custodian of any report or record specified in this paragraph to
5permit the court-appointed special advocate to inspect the report or record on
6presentation by the court-appointed special advocate of a copy of the order. A
7court-appointed special advocate that obtains access to a report or record described
8in this paragraph shall keep the information contained in the report or record
9confidential and may disclose that information only to the court. If a
10court-appointed special advocate discloses any information to the court under this
11paragraph, the court-appointed special advocate shall also disclose the information
12to all parties to the proceeding.
SB106,29,413 (b) Observe the juvenile who is the subject of the proceeding and the juvenile's
14living environment and, if the juvenile is old enough to communicate, interview the
15juvenile; interview the parent, guardian, legal custodian or other caregiver of the
16juvenile and observe that person's living environment; and interview any other
17person who might possess any information relating to the juvenile and the juvenile's
18family that is relevant to the subject of the proceeding. A court-appointed special
19advocate may observe or interview the juvenile at any location without the
20permission of the juvenile's parent, guardian, legal custodian or other caregiver if
21necessary to obtain any information that is relevant to the subject of the proceeding,
22except that a court-appointed special advocate may enter a juvenile's home only with
23the permission of the juvenile's parent, guardian, legal custodian or other caregiver
24or after obtaining a court order permitting the court-appointed special advocate to
25do so. A court-appointed special advocate who obtains any information under this

1paragraph shall keep the information confidential and may disclose that information
2only to the court. If a court-appointed special advocate discloses any information to
3the court under this paragraph, the court-appointed special advocate shall also
4disclose that information to all parties to the proceeding.
SB106,29,10 5(5) Immunity from liability. A volunteer court-appointed special advocate
6designated under sub. (1) or an employe of a court-appointed special advocate
7program recognized under s. 938.07 (5) is immune from civil liability for any act or
8omission of the volunteer or employe occurring while acting within the scope of his
9or her activities and authority as a volunteer court-appointed special advocate or
10employe of a court-appointed special advocate program.
SB106, s. 34 11Section 34. 938.27 (3) (a) 1. of the statutes is amended to read:
SB106,29,2412 938.27 (3) (a) 1. The court shall also notify, under s. 938.273, the juvenile, any
13parent, guardian and legal custodian of the juvenile, any foster parent, treatment
14foster parent or other physical custodian described in s. 48.62 (2) of the juvenile and
15any person specified in par. (b) or (c), if applicable, of all hearings involving the
16juvenile under this subchapter, except hearings on motions for which notice need
17only be provided to the juvenile and his or her counsel. Where parents entitled to
18notice have the same place of residence, notice to one shall constitute notice to the
19other. The first notice to any interested party, foster parent, treatment foster parent
20or other physical custodian described in s. 48.62 (2) shall be written and may have
21a copy of the petition attached to it. Thereafter, notice of hearings may be given by
22telephone at least 72 hours before the time of the hearing. The person giving
23telephone notice shall place in the case file a signed statement of the time notice was
24given and the person to whom he or she spoke.
SB106, s. 35 25Section 35. 938.27 (3) (c) of the statutes is created to read:
SB106,30,8
1938.27 (3) (c) If the petition that was filed relates to facts concerning a situation
2under s. 938.13 (4), (6), (6m) or (7), the court shall also notify, under s. 938.273, the
3court-appointed special advocate for the juvenile of all hearings involving the
4juvenile. The first notice to a court-appointed special advocate shall be written and
5shall have a copy of the petition attached to it. Thereafter, notice of hearings may be
6given by telephone at least 72 hours before the time of the hearing. The person giving
7telephone notice shall place in the case file a signed statement of the time that notice
8was given and the person to whom he or she spoke.
SB106, s. 36 9Section 36. 938.293 (1) of the statutes is amended to read:
SB106,30,1710 938.293 (1) Copies of all law enforcement officer reports, including but not
11limited to
the officer's memorandum and witnesses' statements, shall be made
12available upon request to counsel or guardian ad litem for any party and to the
13court-appointed special advocate for the juvenile
prior to a plea hearing. The reports
14shall be available through the representative of the public designated under s.
15938.09. The juvenile, through counsel or guardian ad litem, is the only party who
16shall have access to the reports in proceedings under s. 938.12, 938.125 or 938.13
17(12). The identity of a confidential informant may be withheld pursuant to s. 905.10.
SB106, s. 37 18Section 37. 938.293 (2) of the statutes is amended to read:
SB106,31,619 938.293 (2) All records relating to a juvenile which are relevant to the subject
20matter of a proceeding under this chapter shall be open to inspection by a guardian
21ad litem or counsel for any party and to inspection by the court-appointed special
22advocate for the juvenile
, upon demand and upon presentation of releases where
23necessary, at least 48 hours before the proceeding. Persons entitled to inspect the
24records may obtain copies of the records with the permission of the custodian of the
25records or with the permission of the court. The court may instruct counsel, a

1guardian ad litem or a court-appointed special advocate
not to disclose specified
2items in the materials to the juvenile or the parent if the court reasonably believes
3that the disclosure would be harmful to the interests of the juvenile. Sections 971.23
4and 972.11 (5) shall be applicable in all delinquency proceedings under this chapter,
5except that the court shall establish the timetable for the disclosures required under
6ss. 971.23 (1), (2m) and (8) and 972.11 (5).
SB106, s. 38 7Section 38. 938.295 (2) (b) of the statutes is amended to read:
SB106,32,38 938.295 (2) (b) The examiner shall file a report of the examination with the
9court by the date specified in the order. The court shall cause copies to be transmitted
10to the district attorney or corporation counsel and, to the juvenile's counsel or
11guardian ad litem and, if applicable, to the juvenile's court-appointed special
12advocate
. The report shall describe the nature of the examination and identify the
13persons interviewed, the particular records reviewed and any tests administered to
14the juvenile. If the examination is ordered following a plea under s. 938.30 (4) (c),
15the report shall also contain an opinion regarding whether the juvenile suffered from
16mental disease or defect at the time of the commission of the act alleged in the
17petition and, if so, whether this caused the juvenile to lack substantial capacity to
18appreciate the wrongfulness of his or her conduct or to conform his or her conduct to
19the requirements of the law. If the examination is ordered following a finding that
20there is probable cause to believe that the juvenile has committed the alleged offense
21and that there is reason to doubt the juvenile's competency to proceed, the report
22shall also contain an opinion regarding the juvenile's present mental capacity to
23understand the proceedings and assist in his or her defense and, if the examiner
24reports that the juvenile lacks competency to proceed, the examiner's opinion
25regarding the likelihood that the juvenile, if provided treatment, may be restored to

1competency within the time specified in s. 938.30 (5) (e) 1. The report shall also state
2in reasonable detail the facts and reasoning upon which the examiner's opinions are
3based.
SB106, s. 39 4Section 39. 938.299 (1) (a) of the statutes is amended to read:
SB106,32,165 938.299 (1) (a) Except as provided in par. (ar), the general public shall be
6excluded from hearings under this chapter unless a public fact-finding hearing is
7demanded by a juvenile through his or her counsel. The court shall refuse to grant
8the public hearing, however, if the victim of an alleged sexual assault objects or, in
9a nondelinquency proceeding, if a parent or guardian objects. If a public hearing is
10not held, only the parties, their counsel, witnesses, the juvenile's court-appointed
11special advocate,
a representative of the news media who wishes to attend the
12hearing for the purpose of reporting news without revealing the identity of the
13juvenile involved and other persons requested by a party and approved by the court
14may be present. Any other person the court finds to have a proper interest in the case
15or in the work of the court, including a member of the bar, may be admitted by the
16court.
SB106, s. 40 17Section 40. 938.32 (1) (a) of the statutes is amended to read:
SB106,33,518 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating
19to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court
20commissioner may suspend the proceedings and place the juvenile under
21supervision in the juvenile's own home or present placement or in a youth village
22program as described in s. 118.42. The court may establish terms and conditions
23applicable to the parent, guardian or legal custodian, and to the juvenile, including
24any of the conditions specified in subs. (1b), (1d), (1g), (1m), (1t), (1v) and (1x). The
25order under this section shall be known as a consent decree and must be agreed to

1by the juvenile; the parent, guardian or legal custodian; and the person filing the
2petition under s. 938.25. If the consent decree includes any conditions specified in
3sub. (1g), the consent decree shall include provisions for payment of the services as
4specified in s. 938.361. The consent decree shall be reduced to writing and given to
5the parties.
SB106, s. 41 6Section 41. 938.32 (1b) of the statutes is created to read:
SB106,33,127 938.32 (1b) If the petition alleges that the juvenile is in need of protection or
8services under s. 938.13 (4), (6), (6m) or (7), the judge or juvenile court commissioner
9may, as a condition under sub. (1), request a court-appointed special advocate
10program to designate a court-appointed special advocate for the juvenile to perform
11the activities specified in s. 938.236 (3). A court-appointed special advocate
12designated under this subsection shall have the authority specified in s. 938.236 (4).
SB106, s. 42 13Section 42. 938.32 (2) (c) of the statutes is amended to read:
SB106,33,2514 938.32 (2) (c) Upon the motion of the court or the application of the juvenile,
15parent, guardian, legal custodian, intake worker or any agency supervising the
16juvenile under the consent decree, the court may, after giving notice to the parties
17to the consent decree and, their counsel or guardian ad litem and the
18court-appointed special advocate for the juvenile
, if any, extend the decree for up to
19an additional 6 months or, if the consent decree places the juvenile in a youth village
20program as described in s. 118.42, for up to an additional one year in the absence of
21objection to extension by the parties to the initial consent decree. If the parent,
22guardian or legal custodian objects to the extension, the court shall schedule a
23hearing and make a determination on the issue of extension. A consent decree
24placing a juvenile in a youth village program as described in s. 118.42 may be
25extended no more than twice.
SB106, s. 43
1Section 43. 938.345 (3) of the statutes is created to read:
SB106,34,82 938.345 (3) If the court finds that a juvenile is in need of protection or services
3under s. 938.13 (4), (6), (6m) or (7), the court, instead of or in addition to any other
4disposition that may be imposed under sub. (1), may place the juvenile as provided
5in s. 938.34 (2) (a) or (b) and request a court-appointed special advocate program to
6designate a court-appointed special advocate for the juvenile to perform the
7activities specified in s. 938.236 (3). A court-appointed special advocate designated
8under this subsection shall have the authority specified in s. 938.236 (4).
SB106, s. 44 9Section 44. 938.355 (2) (d) of the statutes is amended to read:
SB106,34,1410 938.355 (2) (d) The court shall provide a copy of the dispositional order to the
11juvenile's parent, guardian or trustee and to the juvenile through the juvenile's
12counsel or guardian ad litem. In addition, the court shall provide a copy of a
13dispositional order relating to a juvenile in need of protection or services under s.
14938.13 (4), (6), (6m) or (7) to the juvenile's court-appointed special advocate
.
SB106, s. 45 15Section 45. 938.355 (2e) (c) of the statutes is amended to read:
SB106,34,2016 938.355 (2e) (c) Either the court or the agency that prepared the permanency
17plan shall furnish a copy of the original plan and each revised plan to the juvenile's
18parent or guardian, to the juvenile or the juvenile's counsel or guardian ad litem, to
19the juvenile's court-appointed special advocate
and to the person representing the
20interests of the public.
SB106, s. 46 21Section 46. 938.355 (6) (b) of the statutes is amended to read:
SB106,35,522 938.355 (6) (b) A motion for imposition of a sanction may be brought by the
23person or agency primarily responsible for the provision of dispositional services, the
24district attorney or corporation counsel or the court that entered the dispositional
25order. If the court initiates the motion, that court is disqualified from holding a

1hearing on the motion. Notice of the motion shall be given to the juvenile, guardian
2ad litem, counsel, court-appointed special advocate, parent, guardian, legal
3custodian and all parties present at the original dispositional hearing. The motion
4shall contain a statement of whether the juvenile may be subject to the federal Indian
5child welfare act, 25 USC 1911 to 1963.
SB106, s. 47 6Section 47. 938.355 (6m) (b) of the statutes is amended to read:
SB106,35,147 938.355 (6m) (b) A motion for the imposition of a sanction under par. (a) or (ag)
8may be brought by the person or agency primarily responsible for providing
9dispositional services to the juvenile, the district attorney, the corporation counsel
10or the court that entered the dispositional order. If the court initiates the motion,
11that court is disqualified from holding a hearing on the motion. Notice of the motion
12shall be given to the juvenile, guardian ad litem, counsel, court-appointed special
13advocate,
parent, guardian, legal custodian and all parties present at the original
14dispositional hearing.
SB106, s. 48 15Section 48. 938.357 (1) of the statutes is amended to read:
SB106,36,1316 938.357 (1) The person or agency primarily responsible for implementing the
17dispositional order or the district attorney may request a change in the placement
18of the juvenile, whether or not the change requested is authorized in the dispositional
19order and shall cause written notice to be sent to the juvenile or the juvenile's counsel
20or guardian ad litem, the parent, guardian and legal custodian of the juvenile, any
21foster parent, treatment foster parent or other physical custodian described in s.
2248.62 (2), guardian and legal custodian of the juvenile and the juvenile's
23court-appointed special advocate
. The notice shall contain the name and address of
24the new placement, the reasons for the change in placement, a statement describing
25why the new placement is preferable to the present placement and a statement of

1how the new placement satisfies objectives of the treatment plan ordered by the
2court. Any person receiving the notice under this subsection or notice of the specific
3foster or treatment foster placement under s. 938.355 (2) (b) 2., other than a
4court-appointed special advocate,
may obtain a hearing on the matter by filing an
5objection with the court within 10 days after receipt of the notice. Placements shall
6may not be changed until 10 days after such notice is sent to the court unless the
7parent, guardian or legal custodian and the juvenile, if 12 or more years of age, sign
8written waivers of objection, except that placement changes which were authorized
9in the dispositional order may be made immediately if notice is given as required in
10this subsection. In addition, a hearing is not required for placement changes
11authorized in the dispositional order except where an objection filed by a person who
12received notice alleges that new information is available which affects the
13advisability of the court's dispositional order.
SB106, s. 49 14Section 49. 938.357 (2m) of the statutes is amended to read:
SB106,37,915 938.357 (2m) The juvenile, the parent, guardian or legal custodian of the
16juvenile or any person or agency primarily bound by the dispositional order, other
17than the person or agency responsible for implementing the order, may request a
18change in placement under this subsection. The request shall contain the name and
19address of the place of the new placement requested and shall state what new
20information is available which affects the advisability of the current placement. This
21request shall be submitted to the court. In addition, the court may propose a change
22in placement on its own motion. The court shall hold a hearing on the matter prior
23to ordering any change in placement under this subsection if the request states that
24new information is available which affects the advisability of the current placement,
25unless written waivers of objection to the proposed change in placement are signed

1by all parties persons entitled to receive notice under sub. (1), other than a
2court-appointed special advocate,
and the court approves. If a hearing is scheduled,
3the court shall notify the juvenile, the parent, guardian and legal custodian of the
4juvenile, any foster parent, treatment foster parent or other physical custodian
5described in s. 48.62 (2) of the juvenile, the juvenile's court-appointed special
6advocate
and all parties who are bound by the dispositional order at least 3 days prior
7to the hearing. A copy of the request or proposal for the change in placement shall
8be attached to the notice. If all the parties consent, the court may proceed
9immediately with the hearing.
SB106, s. 50 10Section 50. 938.363 (1) of the statutes is amended to read:
SB106,38,1611 938.363 (1) A juvenile, the juvenile's parent, guardian or legal custodian, any
12person or agency bound by a dispositional order or the district attorney or
13corporation counsel in the county in which the dispositional order was entered may
14request a revision in the order that does not involve a change in placement, including
15a revision with respect to the amount of child support to be paid by a parent, or the
16court may on its own motion propose such a revision. The request or court proposal
17shall set forth in detail the nature of the proposed revision and what new information
18is available that affects the advisability of the court's disposition. The request or
19court proposal shall be submitted to the court. The court shall hold a hearing on the
20matter if the request or court proposal indicates that new information is available
21which affects the advisability of the court's dispositional order and prior to any
22revision of the dispositional order, unless written waivers of objections to the revision
23are signed by all parties entitled to receive notice and the court approves. If a hearing
24is held, the court shall notify the juvenile, the juvenile's parent, guardian and legal
25custodian, all parties bound by the dispositional order, the juvenile's foster parent,

1treatment foster parent or other physical custodian described in s. 48.62 (2), the
2juvenile's court-appointed special advocate
and the district attorney or corporation
3counsel in the county in which the dispositional order was entered at least 3 days
4prior to the hearing. A copy of the request or proposal shall be attached to the notice.
5If the proposed revision is for a change in the amount of child support to be paid by
6a parent, the court shall order the juvenile's parent to provide a statement of income,
7assets, debts and living expenses to the court and the person or agency primarily
8responsible for implementing the dispositional order by a date specified by the court.
9The clerk of court shall provide, without charge, to any parent ordered to provide a
10statement of income, assets, debts and living expenses a document setting forth the
11percentage standard established by the department of workforce development under
12s. 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c).
13If all parties consent, the court may proceed immediately with the hearing. No
14revision may extend the effective period of the original order, or revise an original
15order under s. 938.34 (3) (f) or (6) (am) to impose more than 30 days of detention,
16nonsecure custody or inpatient treatment on a juvenile.
SB106, s. 51 17Section 51. 938.365 (2) of the statutes is amended to read:
SB106,38,2418 938.365 (2) No order may be extended without a hearing. The court shall notify
19the juvenile or the juvenile's guardian ad litem or counsel, the juvenile's parent,
20guardian, and legal custodian, all of the parties present at the original hearing, the
21juvenile's foster parent, treatment foster parent or other physical custodian
22described in s. 48.62 (2), the juvenile's court-appointed special advocate and the
23district attorney or corporation counsel in the county in which the dispositional order
24was entered of the time and place of the hearing.
SB106, s. 52 25Section 52. 938.38 (5) (b) of the statutes is amended to read:
SB106,39,14
1938.38 (5) (b) The court or the agency shall notify the parents of the juvenile,
2the juvenile if he or she is 10 years of age or older and the juvenile's foster parent,
3the juvenile's treatment foster parent or the operator of the facility in which the
4juvenile is living of the date, time and place of the review, of the issues to be
5determined as part of the review, of the fact that they may have an opportunity to
6be heard at the review by submitting written comments not less than 10 working
7days before the review or by participating at the review. The court or agency shall
8notify the person representing the interests of the public, the juvenile's counsel and,
9the juvenile's guardian ad litem and the juvenile's court-appointed special advocate
10of the date of the review, of the issues to be determined as part of the review and of
11the fact that they may submit written comments not less than 10 working days before
12the review. The notices under this paragraph shall be provided in writing not less
13than 30 days before the review and copies of the notices shall be filed in the juvenile's
14case record.
SB106, s. 53 15Section 53. 938.38 (5) (d) of the statutes is amended to read:
SB106,40,216 938.38 (5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the
17permanency plan shall, at least 5 days before a review by a review panel, provide to
18each person appointed to the review panel, the person representing the interests of
19the public, the juvenile's counsel and, the juvenile's guardian ad litem and the
20juvenile's court-appointed special advocate
a copy of the permanency plan and any
21written comments submitted under par. (b). Notwithstanding s. 938.78 (2) (a), a
22person appointed to a review panel, the person representing the interests of the
23public, the juvenile's counsel and, the juvenile's guardian ad litem and the juvenile's
24court-appointed special advocate
may have access to any other records concerning
25the juvenile for the purpose of participating in the review. A person permitted access

1to a juvenile's records under this paragraph may not disclose any information from
2the records to any other person.
SB106, s. 54 3Section 54. 938.38 (5) (e) of the statutes is amended to read:
SB106,40,104 938.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
5the determinations under par. (c) and shall provide a copy to the court that entered
6the order, the juvenile or the juvenile's counsel or guardian ad litem, the person
7representing the interests of the public, the juvenile's parent or guardian, the
8juvenile's court-appointed special advocate
and the juvenile's foster parent, the
9juvenile's treatment foster parent or the operator of the facility where the juvenile
10is living.
SB106,40,1111 (End)
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