AB809, s. 90 20Section 90. 48.63 (1) of the statutes is amended to read:
AB809,51,1321 48.63 (1) Acting pursuant to under court order or voluntary agreement, the
22child's parent or guardian or the department of health and family services, the
23department of corrections, a county department, or a child welfare agency licensed
24to place children in foster homes or, treatment foster homes, or group homes may
25place a child or negotiate or act as intermediary for the placement of a child in a foster

1home, treatment foster home, or group home. Voluntary agreements under this
2subsection may not be used for placements in facilities other than foster, treatment
3foster, or group homes and may not be extended. A foster home or treatment foster
4home placement under a voluntary agreement may not exceed 6 months 180 days
5from the date on which the child was removed from the home under the voluntary
6agreement
. A group home placement under a voluntary agreement may not exceed
715 days from the date on which the child was removed from the home under the
8voluntary agreement
. These time limitations do not apply to placements made under
9s. 48.345, 938.183, 938.34, or 938.345. Voluntary agreements may be made only
10under this subsection and shall be in writing and shall specifically state that the
11agreement may be terminated at any time by the parent or guardian or by the child
12if the child's consent to the agreement is required. The child's consent to the
13agreement is required whenever the child is 12 years of age or older.
AB809, s. 91 14Section 91. 48.63 (4) of the statutes is amended to read:
AB809,51,2515 48.63 (4) A permanency plan under s. 48.38 is required for each child placed
16in a foster home or treatment foster home under sub. (1). If the child is living in a
17foster home or treatment foster home under a voluntary agreement, the agency that
18negotiated or acted as intermediary for the placement shall prepare the permanency
19plan within 60 days after the placement date on which the child was removed from
20his or her home under the voluntary agreement
. A copy of each plan shall be provided
21to the child if he or she is 12 years of age or over and to the child's parent or guardian.
22If the agency which that arranged the voluntary placement intends to seek a court
23order to place the child outside of his or her home at the expiration of the voluntary
24placement, the agency shall prepare a revised permanency plan and file that revised
25plan with the court prior to the date of the hearing on the proposed placement.
AB809, s. 92
1Section 92. 48.685 (5) (bm) 4. of the statutes is amended to read:
AB809,52,72 48.685 (5) (bm) 4. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b),
3125.66 (3), 125.68 (12), 940.09,
940.19 (2), (3), (4), (5), or (6), 940.20, 940.203, 940.205
4or, 940.207, or 940.25, a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under
5s. 346.65 (2) (e) or (f), (2j) (d), or (3m),
or an offense under ch. 961 that is a felony, if
6committed not more than 5 years before the date of the investigation under sub. (2)
7(am).
AB809, s. 93 8Section 93. 48.78 (2) (a) of the statutes is amended to read:
AB809,52,129 48.78 (2) (a) No agency may make available for inspection or disclose the
10contents of any record kept or information received about an individual in its care
11or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or (5m) (d),
1248.432, 48.433, 48.93, 48.981 (7), 938.51, or 938.78 or by order of the court.
AB809, s. 94 13Section 94. 48.977 (2) (f) of the statutes, as affected by 2001 Wisconsin Act 2,
14is amended to read:
AB809,53,615 48.977 (2) (f) That the agency primarily responsible for providing services to
16the child under a court order has made reasonable efforts to make it possible for the
17child to return to his or her home, while assuring that the child's health and safety
18are the paramount concerns, but that reunification of the child with the child's
19parent or parents is unlikely or contrary to the best interests of the child and that
20further reunification efforts are unlikely to be made or are contrary to the best
21interests of the child, except that the court need not is not required to find that the
22agency has made those reasonable efforts with respect to a parent of the child if any
23of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3., 4., or 5. apply to 5. applies
24to that parent. The court shall make the findings specified in this paragraph on a
25case-by-case basis based on circumstances specific to the child and shall document

1or reference the specific information on which those findings are based in the
2guardianship order. A guardianship order that merely references this paragraph
3without documenting or referencing that specific information in the order or an
4amended guardianship order that retroactively corrects an earlier guardianship
5order that does not comply with this paragraph is not sufficient to comply with this
6paragraph.
AB809, s. 95 7Section 95. 938.21 (1) (a) of the statutes is amended to read:
AB809,53,228 938.21 (1) (a) If a juvenile who has been taken into custody is not released
9under s. 938.20, a hearing to determine whether the juvenile shall continue to be held
10in custody under the criteria of ss. 938.205 to 938.209 (1) shall be conducted by the
11judge or juvenile court commissioner within 24 hours after the end of the day that
12the decision to hold the juvenile was made, excluding Saturdays, Sundays , and legal
13holidays. By the time of the hearing a petition under s. 938.25 shall be filed, except
14that no petition need be filed where a juvenile is taken into custody under s. 938.19
15(1) (b) or (d) 2., 6. or 7. or where the juvenile is a runaway from another state, in which
16case a written statement of the reasons for holding a juvenile in custody shall be
17substituted if the petition is not filed. If no hearing has been held within 24 hours
18or if no petition or statement has been filed at the time of the hearing, the juvenile
19shall be released except as provided in par. (b). A parent not present at the hearing
20shall be granted a rehearing upon request unless the parent has waived his or her
21right to participate in the hearing, in which case the parent shall be granted a
22rehearing upon request for good cause shown
.
AB809, s. 96 23Section 96. 938.21 (2) (am) of the statutes is amended to read:
AB809,54,324 938.21 (2) (am) A juvenile held in a nonsecure place of custody may waive in
25writing his or her right to participate in the hearing under this section. After any

1waiver, a hearing rehearing shall be granted upon the request of the juvenile or any
2other interested party for good cause shown. Any juvenile transferred to a secure
3detention facility shall thereafter have a hearing rehearing under this section.
AB809, s. 97 4Section 97. 938.21 (2) (d) of the statutes is amended to read:
AB809,54,135 938.21 (2) (d) If the juvenile is not represented by counsel at the hearing and
6the juvenile is continued in custody as a result of the hearing, the juvenile may
7request through counsel subsequently appointed or retained or through a guardian
8ad litem that the order to hold in custody be reheard. If the request is made, a
9rehearing shall take place as soon as possible unless the request is made by a juvenile
10who has waived his or her right to participate in the hearing, in which case a
11rehearing shall take place only upon a showing of good cause
. Whether or not counsel
12was present, any order to hold the juvenile in custody shall be subject to rehearing
13for good cause.
AB809, s. 98 14Section 98. 938.21 (3) (am) of the statutes is amended to read:
AB809,54,1915 938.21 (3) (am) The parent, guardian, or legal custodian may waive his or her
16right to participate in
the hearing under this section. Agreement in writing of the
17juvenile is required if he or she is over 12.
After any waiver, a hearing rehearing shall
18be granted at the request of any the parent, guardian, legal custodian, or any other
19interested party for good cause shown.
AB809, s. 99 20Section 99. 938.21 (3) (e) of the statutes is amended to read:
AB809,55,521 938.21 (3) (e) If the parent, guardian, or legal custodian or the juvenile is not
22represented by counsel at the hearing and the juvenile is continued in custody as a
23result of the hearing, the parent, guardian, legal custodian, or juvenile may request
24through counsel subsequently appointed or retained or through a guardian ad litem
25that the order to hold the juvenile in custody be reheard. If the request is made, a

1rehearing shall take place as soon as possible unless the request is made by a parent,
2guardian, or legal custodian who has waived his or her right to participate in the
3hearing, in which case a rehearing shall take place only upon a showing of good
4cause
. Any order to hold the juvenile in custody shall be subject to rehearing for good
5cause, whether or not counsel was present.
AB809, s. 100 6Section 100. 938.21 (5) (b) 1. of the statutes, as affected by 2001 Wisconsin Act
716
, is repealed and recreated to read:
AB809,55,208 938.21 (5) (b) 1. A finding that continued placement of the juvenile in his or her
9home would be contrary to the welfare of the juvenile and, unless the judge or
10juvenile court commissioner finds that any of the circumstances specified in s.
11938.355 (2d) (b) 1. to 4. applies, a finding as to whether the person who took the
12juvenile into custody and the intake worker have made reasonable efforts to prevent
13the removal of the juvenile from the home, while assuring that the juvenile's health
14and safety are the paramount concerns, and to make it possible for the juvenile to
15return safely home or, if for good cause shown sufficient information is not available
16for the judge or juvenile court commissioner to make those findings, an order for the
17county department or agency primarily responsible for providing services to the
18juvenile under the custody order to file with the court sufficient information for the
19judge or juvenile court commissioner to make those findings by no later than 5 days
20after the date of the order.
AB809, s. 101 21Section 101. 938.21 (5) (b) 3. of the statutes is created to read:
AB809,56,222 938.21 (5) (b) 3. If the judge or juvenile court commissioner finds that any of
23the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a
24parent, a determination that the county department or agency primarily responsible
25for providing services under the custody order is not required to make reasonable

1efforts with respect to the parent to make it possible for the juvenile to return safely
2to his or her home.
AB809, s. 102 3Section 102. 938.21 (5) (c) of the statutes is created to read:
AB809,56,114 938.21 (5) (c) The judge or juvenile court commissioner shall make the findings
5specified in par. (b) 1. and 3. on a case-by-case basis based on circumstances specific
6to the juvenile and shall document or reference the specific information on which
7those findings are based in the custody order. A custody order that merely references
8par. (b) 1. or 3. without documenting or referencing that specific information in the
9custody order or an amended custody order that retroactively corrects an earlier
10custody order that does not comply with this paragraph is not sufficient to comply
11with this paragraph.
AB809, s. 103 12Section 103. 938.21 (5) (d) of the statutes is created to read:
AB809,56,1913 938.21 (5) (d) 1. If the judge or juvenile court commissioner finds that any of
14the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a
15parent, the judge or juvenile court commissioner shall hold a hearing within 30 days
16after the date of that finding to determine the permanency plan for the juvenile. If
17a hearing is held under this subdivision, the agency responsible for preparing the
18permanency plan shall file the permanency plan with the court not less than 5 days
19before the date of the hearing.
AB809,56,2420 2. If a hearing is held under subd. 1, at least 10 days before the date of the
21hearing the court shall notify the juvenile, any parent, guardian, and legal custodian
22of the juvenile, and any foster parent, treatment foster parent, or other physical
23custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of
24the hearing.
AB809,57,11
13. The court shall give a foster parent, treatment foster parent, or other
2physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
32. an opportunity to be heard at the hearing by permitting the foster parent,
4treatment foster parent, or other physical custodian to make a written or oral
5statement during the hearing, or to submit a written statement prior to the hearing,
6relevant to the issues to be determined at the hearing. Any written or oral statement
7made under this subdivision shall be made upon oath or affirmation. A foster parent,
8treatment foster parent, or other physical custodian who receives a notice of a
9hearing under subd. 2. and an opportunity to be heard under this subdivision does
10not become a party to the proceeding on which the hearing is held solely on the basis
11of receiving that notice and opportunity to be heard.
AB809, s. 104 12Section 104. 938.255 (1) (f) of the statutes is created to read:
AB809,57,2013 938.255 (1) (f) If the juvenile is being held in custody outside of his or her home,
14reliable and credible information showing that continued placement of the juvenile
15in his or her home would be contrary to the welfare of the juvenile and, unless any
16of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, reliable and
17credible information showing that the person who took the juvenile into custody and
18the intake worker have made reasonable efforts to prevent the removal of the
19juvenile from the home, while assuring that the juvenile's health and safety are the
20paramount concerns, and to make it possible for the juvenile to return safely home.
AB809, s. 105 21Section 105. 938.255 (2) of the statutes is amended to read:
AB809,57,2322 938.255 (2) If any of the facts in sub. (1) (a) to (cm) and (f) are not known or
23cannot be ascertained by the petitioner, the petition shall so state.
AB809, s. 106 24Section 106. 938.27 (3) (a) 1m. of the statutes is amended to read:
AB809,58,11
1938.27 (3) (a) 1m. The court shall give a foster parent, treatment foster parent,
2or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
3subd. 1. an opportunity to be heard at the hearing by permitting the foster parent,
4treatment foster parent, or other physical custodian to make a written or oral
5statement during the hearing, or to submit a written statement prior to the hearing,
6relevant to the issues to be determined at the hearing. Any written or oral statement
7made under this subdivision shall be made upon oath or affirmation.
A foster parent,
8treatment foster parent, or other physical custodian described in s. 48.62 (2) who
9receives a notice of a hearing under subd. 1. and an opportunity to be heard under
10this subdivision does not become a party to the proceeding on which the hearing is
11held solely on the basis of receiving that notice and opportunity to be heard.
AB809, s. 107 12Section 107. 938.315 (2m) of the statutes is created to read:
AB809,58,1613 938.315 (2m) No continuance or extension of a time limit specified in this
14chapter may be granted and no period of delay specified in sub. (1) may be excluded
15in computing a time requirement under this chapter if the continuance, extension,
16or exclusion would result in any of the following:
AB809,58,2317 (a) The court making an initial finding under s. 938.21 (5) (b) 1., 938.355 (2) (b)
186., or 938.357 (2v) (a) 1. that reasonable efforts have been made to prevent the
19removal of the juvenile from the home, while assuring that the juvenile's health and
20safety are the paramount concerns, or an initial finding under s. 938.21 (5) (b) 3.,
21938.355 (2) (b) 6r., or 938.357 (2v) (a) 3. that those efforts were not required to be
22made because a circumstance specified in s. 938.355 (2d) (b) 1. to 4. applies, more
23than 60 days after the date on which the juvenile was removed from the home.
AB809,59,424 (b) The court making an initial finding under s. 938.38 (5m) that the agency
25primarily responsible for providing services to the juvenile has made reasonable

1efforts to achieve the goals of the juvenile's permanency plan more than 12 months
2after the date on which the juvenile was removed from the home or making any
3subsequent findings under s. 938.38 (5m) as to those reasonable efforts more than
412 months after the date of a previous finding as to those reasonable efforts.
AB809, s. 108 5Section 108. 938.32 (1) (c) of the statutes is created to read:
AB809,59,206 938.32 (1) (c) 1. If at the time the consent decree is entered into the juvenile
7is placed outside the home under a voluntary agreement under s. 48.63 or is
8otherwise living outside the home without a court order and if the consent decree
9maintains the juvenile in that placement or other living arrangement, the consent
10decree shall include a finding that placement of the juvenile in his or her home would
11be contrary to the welfare of the juvenile, a finding as to whether the county
12department or the agency primarily responsible for providing services to the juvenile
13has made reasonable efforts to prevent the removal of the juvenile from the home,
14while assuring that the juvenile's health and safety are the paramount concerns,
15unless the judge or juvenile court commissioner finds that any of the circumstances
16specified in s. 938.355 (2d) (b) 1. to 4. applies, and a finding as to whether the county
17department or agency has made reasonable efforts to achieve the goal of the
18juvenile's permanency plan, unless return of the juvenile to the home is the goal of
19the permanency plan and the judge or juvenile court commissioner finds that any of
20the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.
AB809,60,221 2. If the judge or juvenile court commissioner finds that any of the
22circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent,
23the consent decree shall include a determination that the county department or
24agency primarily responsible for providing services under the consent decree is not

1required to make reasonable efforts with respect to the parent to make it possible for
2the juvenile to return safely to his or her home.
AB809,60,103 3. The judge or juvenile court commissioner shall make the findings specified
4in subds. 1. and 2. on a case-by-case basis based on circumstances specific to the
5juvenile and shall document or reference the specific information on which those
6findings are based in the consent decree. A consent decree that merely references
7subd. 1. or 2. without documenting or referencing that specific information in the
8consent decree or an amended consent decree that retroactively corrects an earlier
9consent decree that does not comply with this subdivision is not sufficient to comply
10with this subdivision.
AB809, s. 109 11Section 109. 938.32 (1) (d) of the statutes is created to read:
AB809,60,1812 938.32 (1) (d) 1. If the judge or juvenile court commissioner finds that any of
13the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a
14parent, the judge or juvenile court commissioner shall hold a hearing within 30 days
15after the date of that finding to determine the permanency plan for the juvenile. If
16a hearing is held under this subdivision, the agency responsible for preparing the
17permanency plan shall file the permanency plan with the court not less than 5 days
18before the date of the hearing.
AB809,60,2319 2. If a hearing is held under subd. 1., at least 10 days before the date of the
20hearing the court shall notify the juvenile, any parent, guardian, and legal custodian
21of the juvenile, and any foster parent, treatment foster parent, or other physical
22custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of
23the hearing.
AB809,61,924 3. The court shall give a foster parent, treatment foster parent, or other
25physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.

12. an opportunity to be heard at the hearing by permitting the foster parent,
2treatment foster parent, or other physical custodian to make a written or oral
3statement during the hearing, or to submit a written statement prior to the hearing,
4relevant to the issues to be determined at the hearing. Any written or oral statement
5made under this subdivision shall be made upon oath or affirmation. A foster parent,
6treatment foster parent, or other physical custodian who receives a notice of a
7hearing under subd. 2. and an opportunity to be heard under this subdivision does
8not become a party to the proceeding on which the hearing is held solely on the basis
9of receiving that notice and opportunity to be heard.
AB809, s. 110 10Section 110. 938.33 (4) (intro.) of the statutes is amended to read:
AB809,61,1611 938.33 (4) Other out-of-home placements. (intro.) A report recommending
12placement in a foster home, treatment foster home, group home, or nonsecured child
13caring institution or in the home of a relative other than a parent shall be in writing,
14except that the report may be presented orally at the dispositional hearing if all
15parties consent. A report that is presented orally shall be transcribed and made a
16part of the court record. The report shall include all of the following:
AB809, s. 111 17Section 111. 938.33 (4) (c) of the statutes is created to read:
AB809,62,318 938.33 (4) (c) Specific information showing that continued placement of the
19juvenile in his or her home would be contrary to the welfare of the juvenile, specific
20information showing that the county department or the agency primarily
21responsible for providing services to the juvenile has made reasonable efforts to
22prevent the removal of the juvenile from the home, while assuring that the juvenile's
23health and safety are the paramount concerns, unless any of the circumstances
24specified in s. 938.355 (2d) (b) 1. to 4. applies, and specific information showing that
25the county department or agency has made reasonable efforts to achieve the goal of

1the juvenile's permanency plan, unless return of the juvenile to the home is the goal
2of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b)
31. to 4. applies.
AB809, s. 112 4Section 112. 938.335 (3g) of the statutes is created to read:
AB809,62,185 938.335 (3g) At hearings under this section, if the agency, as defined in s.
6938.38 (1) (a), is recommending placement of the juvenile in a foster home, treatment
7foster home, group home, or child caring institution or in the home of a relative other
8than a parent, the agency shall present as evidence specific information showing that
9continued placement of the juvenile in his or her home would be contrary to the
10welfare of the juvenile, specific information showing that the county department or
11the agency primarily responsible for providing services to the juvenile has made
12reasonable efforts to prevent the removal of the juvenile from the home, while
13assuring that the juvenile's health and safety are the paramount concerns, unless
14any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and specific
15information showing that the county department or agency has made reasonable
16efforts to achieve the goal of the juvenile's permanency plan, unless return of the
17juvenile to the home is the goal of the permanency plan and any of the circumstances
18specified in s. 938.355 (2d) (b) 1. to 4. applies.
AB809, s. 113 19Section 113. 938.355 (1) of the statutes is amended to read:
AB809,63,820 938.355 (1) Intent. In any order under s. 938.34 or 938.345, the court shall
21decide on a placement and treatment finding based on evidence submitted to the
221court. The disposition shall employ those means necessary to promote the
23objectives specified in s. 938.01. If the disposition places a juvenile who has been
24adjudicated delinquent outside the home under s. 938.34 (3) (c) or (d), the order shall
25include a finding that the juvenile's current residence will not safeguard the welfare

1of the juvenile or the community due to the serious nature of the act for which the
2juvenile was adjudicated delinquent.
If the judge has determined that any of the
3conditions specified in s. 938.34 (4m) (b) 1., 2., or 3. applies, that determination shall
4be prima facie evidence that a less restrictive alternative than placement in a
5secured correctional facility, a secured child caring institution, or a secured group
6home is not appropriate. If information under s. 938.331 has been provided in a court
7report under s. 938.33 (1), the court shall consider that information when deciding
8on a placement and treatment finding.
AB809, s. 114 9Section 114. 938.355 (2) (b) 6. of the statutes is amended to read:
AB809,64,910 938.355 (2) (b) 6. If the juvenile is placed outside the home and if sub. (2d) does
11not apply, the court's
, a finding that continued placement of the juvenile in his or her
12home would be contrary to the welfare of the juvenile or, if the juvenile has been
13adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), or
14(d), a finding that the juvenile's current residence will not safeguard the welfare of
15the juvenile or the community due to the serious nature of the act for which the
16juvenile was adjudicated delinquent. The court order shall also contain a
finding as
17to whether a the county department which provides social services or the agency
18primarily responsible for providing services under a court order has made reasonable
19efforts to prevent the removal of the juvenile from the home, while assuring that the
20juvenile's health and safety are the paramount concerns, or, if applicable, the court's
21unless the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 4.
22applies, and a
finding as to whether the county department or agency primarily
23responsible for providing services under a court order
has made reasonable efforts
24to make it possible for the juvenile to return safely to his or her home achieve the goal
25of the juvenile's permanency plan, unless return of the juvenile to the home is the

1goal of the permanency plan and the court finds that any of the circumstances
2specified in sub. (2d) (b) 1. to 4. applies. The court shall make the findings specified
3in this subdivision on a case-by-case basis based on circumstances specific to the
4juvenile and shall document or reference the specific information on which those
5findings are based in the court order. A court order that merely references this
6subdivision without documenting or referencing that specific information in the
7court order or an amended court order that retroactively corrects an earlier court
8order that does not comply with this subdivision is not sufficient to comply with this
9subdivision
.
AB809, s. 115 10Section 115. 938.355 (2) (b) 6r. of the statutes is created to read:
AB809,64,1511 938.355 (2) (b) 6r. If the court finds that any of the circumstances specified in
12sub. (2d) (b) 1. to 4. applies with respect to a parent, a determination that the county
13department or agency primarily responsible for providing services under the court
14order is not required to make reasonable efforts with respect to the parent to make
15it possible for the juvenile to return safely to his or her home.
AB809, s. 116 16Section 116. 938.355 (2b) of the statutes is amended to read:
AB809,65,217 938.355 (2b) Concurrent reasonable efforts permitted. A county
18department that provides social services or the agency primarily responsible for
19providing services to a juvenile under a court order may, at the same time as the
20county department or agency is making the reasonable efforts required under sub.
21(2) (b) 6. to prevent the removal of the juvenile from the home or to make it possible
22for the juvenile to return safely to his or her home
, work with the department of
23health and family services, a county department under s. 48.57 (1) (e) or (hm), or a
24child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place

1the juvenile for adoption, with a guardian, with a fit and willing relative, or in some
2other alternative permanent placement.
AB809, s. 117 3Section 117. 938.355 (2c) (b) of the statutes is amended to read:
AB809,65,114 938.355 (2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether
5the county department or the agency primarily responsible for providing services to
6the juvenile under a court order has made reasonable efforts to make it possible for
7the juvenile to return safely to his or her home
achieve the goal of the permanency
8plan
, the court's consideration of reasonable efforts shall include , but not be limited
9to,
the considerations listed under par. (a) 1. to 5. and whether visitation schedules
10between the juvenile and his or her parents were implemented, unless visitation was
11denied or limited by the court.
AB809, s. 118 12Section 118. 938.355 (2d) (b) (intro.) of the statutes is amended to read:
AB809,65,2313 938.355 (2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the court need not is
14not required to
include in a dispositional order a finding as to whether a the county
15department which provides social services or the agency primarily responsible for
16providing services under a court order has made reasonable efforts with respect to
17a parent of a juvenile to prevent the removal of the juvenile from the home, while
18assuring that the juvenile's health and safety are the paramount concerns, or, if
19applicable, a finding as to whether the county department or agency primarily
20responsible for providing services under a court order
has made reasonable efforts
21with respect to a parent of a juvenile to make it possible for the juvenile to return
22achieve the permanency plan goal of returning the juvenile safely to his or her home,
23if the court finds, as evidenced by a final judgment of conviction, any of the following:
AB809, s. 119 24Section 119. 938.355 (2d) (b) 1. of the statutes is amended to read:
AB809,66,2
1938.355 (2d) (b) 1. That the parent has subjected the juvenile to aggravated
2circumstances, as evidenced by a final judgment of conviction.
AB809, s. 120 3Section 120. 938.355 (2d) (b) 2. of the statutes is amended to read:
AB809,66,94 938.355 (2d) (b) 2. That the parent has committed, has aided or abetted the
5commission of, or has solicited, conspired, or attempted to commit, a violation of s.
6940.01, 940.02, 940.03, or 940.05 or a violation of the law of any other state or federal
7law, if that violation would be a violation of s. 940.01, 940.02, 940.03, or 940.05 if
8committed in this state, as evidenced by a final judgment of conviction, and that the
9victim of that violation is a child of the parent.
AB809, s. 121 10Section 121. 938.355 (2d) (b) 3. of the statutes is amended to read:
AB809,66,1811 938.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (2),
12(3), (4), or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.03 (2) (a) or (3) (a)
13or a violation of the law of any other state or federal law, if that violation would be
14a violation of s. 940.19 (2), (3), (4), or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025,
15or 948.03 (2) (a) or (3) (a) if committed in this state, as evidenced by a final judgment
16of conviction
, and that the violation resulted in great bodily harm, as defined in s.
17939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the juvenile
18or another child of the parent.
AB809, s. 122 19Section 122. 938.355 (2d) (b) 4. of the statutes is amended to read:
AB809,66,2220 938.355 (2d) (b) 4. That the parental rights of the parent to another child have
21been involuntarily terminated, as evidenced by a final order of a court of competent
22jurisdiction terminating those parental rights
.
AB809, s. 123 23Section 123. 938.355 (2d) (bm) of the statutes is created to read:
AB809,67,624 938.355 (2d) (bm) The court shall make a finding specified in par. (b) 1. to 4.
25on a case-by-case basis based on circumstances specific to the juvenile and shall

1document or reference the specific information on which that finding is based in the
2dispositional order. A dispositional order that merely references par. (b) 1. to 4.
3without documenting or referencing that specific information in the dispositional
4order or an amended dispositional order that retroactively corrects an earlier
5dispositional order that does not comply with this paragraph is not sufficient to
6comply with this paragraph.
AB809, s. 124 7Section 124. 938.355 (2d) (c) of the statutes is renumbered 938.355 (2d) (c) 1.
8and amended to read:
AB809,67,159 938.355 (2d) (c) 1. If the court makes a finding finds that any of the
10circumstances
specified in par. (b) 1., 2., 3., or 4. to 4. applies with respect to a parent,
11the court shall hold a hearing within 30 days after the date of that finding to
12determine the permanency plan for the juvenile. If a hearing is held under this
13paragraph subdivision, the agency responsible for preparing the permanency plan
14shall file the permanency plan with the court not less than 5 days before the date of
15the hearing.
AB809, s. 125 16Section 125. 938.355 (2d) (c) 2. and 3. of the statutes are created to read:
AB809,67,2117 938.355 (2d) (c) 2. If a hearing is held under subd. 1, at least 10 days before the
18date of the hearing the court shall notify the juvenile, any parent, guardian, and legal
19custodian of the juvenile, and any foster parent, treatment foster parent, or other
20physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and
21purpose of the hearing.
AB809,68,722 3. The court shall give a foster parent, treatment foster parent, or other
23physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
242. an opportunity to be heard at the hearing by permitting the foster parent,
25treatment foster parent, or other physical custodian to make a written or oral

1statement during the hearing, or to submit a written statement prior to the hearing,
2relevant to the issues to be determined at the hearing. Any written or oral statement
3made under this subdivision shall be made upon oath or affirmation. A foster parent,
4treatment foster parent, or other physical custodian who receives a notice of a
5hearing under subd. 2. and an opportunity to be heard under this subdivision does
6not become a party to the proceeding on which the hearing is held solely on the basis
7of receiving that notice and opportunity to be heard.
AB809, s. 126 8Section 126. 938.355 (4) (a) of the statutes is amended to read:
AB809,69,49 938.355 (4) (a) Except as provided under par. (b) or s. 938.368, all orders an
10order
under this section shall terminate at the end of one year unless the court
11specifies a shorter period of time. Except if s. 938.368 applies, extensions or revisions

12or s. 938.357 or 938.365 made before the juvenile reaches 18 years of age that places
13or continues the placement of the juvenile in his or her home
shall terminate at the
14end of one year after its entry unless the court specifies a shorter period of time. No
15extension under s. 938.365 of an original dispositional order may be granted for a
16juvenile who is subject to an order under s. 938.34 (4d), (4h), (4m) or (4n) if the
17juvenile is 17 years of age or older when the original dispositional order terminates.
18Any order made before the juvenile reaches the age of majority shall be effective for
19a time up to one year after its entry unless the court specifies a shorter period of time

20or the court terminates the order sooner. Except as provided in par. (b) or s. 938.368,
21an order under this section or s. 938.357 or 938.365 made before the juvenile reaches
2218 years of age that places or continues the placement of the juvenile in a foster home,
23treatment foster home, group home, or child caring institution or in the home of a
24relative other than a parent shall terminate when the juvenile reaches 18 years of
25age, at the end of one year after its entry, or, if the juvenile is a full-time student at

1a secondary school or its vocational or technical equivalent and is reasonably
2expected to complete the program before reaching 19 years of age, when the juvenile
3reaches 19 years of age, whichever is later, unless the court specifies a shorter period
4of time or the court terminates the order sooner.
AB809, s. 127 5Section 127. 938.355 (4) (b) of the statutes is amended to read:
AB809,69,236 938.355 (4) (b) An order under s. 938.34 (4d), (4h) or (4m) for which a juvenile
7has been adjudicated delinquent is subject to par. (a), except that the judge may make

8Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before
9the juvenile reaches 18 years of age may
apply for up to 2 years after its entry or until
10the juvenile's 18th birthdate, whichever is earlier and the judge shall make, unless
11the court specifies a shorter period of time or the court terminates the order sooner.
12Except as provided in s. 938.368,
an order under s. 938.34 (4h) made before the
13juvenile reaches 18 years of age shall
apply for 5 years after its entry, if the juvenile
14is adjudicated delinquent for committing an act that would be punishable as a
15Class B felony if committed by an adult, or until the juvenile reaches 25 years of age,
16if the juvenile is adjudicated delinquent for committing an act that would be
17punishable as a Class A felony if committed by an adult. Except as provided in s.
18938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before
19the juvenile reaches 17 years of age shall terminate at the end of one year after its
20entry unless the court specifies a shorter period of time or the court terminates the
21order sooner. No extension under s. 938.365 of an original dispositional order under
22s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age
23or older when the original dispositional order terminates.
AB809, s. 128 24Section 128. 938.355 (6) (a) of the statutes is amended to read:
AB809,70,17
1938.355 (6) (a) If a juvenile who has been adjudged delinquent or to have
2violated a civil law or ordinance, other than an ordinance enacted under s. 118.163
3(1m) or (2), violates a condition specified in sub. (2) (b) 7., the court may impose on
4the juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing
5under s. 938.335, the court explained the conditions to the juvenile and informed the
6juvenile of those possible sanctions or if before the violation the juvenile has
7acknowledged in writing that he or she has read, or has had read to him or her, those
8conditions and possible sanctions and that he or she understands those conditions
9and possible sanctions. If a juvenile who has been found to be in need of protection
10or services under s. 938.13 (4), (6m), (7), (12), or (14) violates a condition specified in
11sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in
12par. (d), other than placement in a secure detention facility or juvenile portion of a
13county jail, if, at the dispositional hearing under s. 938.335, the court explained the
14conditions to the juvenile and informed the juvenile of those possible sanctions or if
15before the violation the juvenile has acknowledged in writing that he or she has read,
16or has had read to him or her, those conditions and possible sanctions and that he or
17she understands those conditions and possible sanctions.
AB809,71,4 18(cm) The court may not order the sanction of placement in a place of nonsecure
19custody specified in par. (d) 1. unless the court finds that the agency primarily
20responsible for providing services for the juvenile has made reasonable efforts to
21prevent the removal of the juvenile from his or her home and that continued
22placement of the juvenile in his or her home is contrary to the welfare of the juvenile.
23The court shall make the findings specified in this paragraph on a case-by-case basis
24based on circumstances specific to the juvenile and shall document or reference the
25specific information on which that finding is based in the sanction order. A sanction

1order that merely references this paragraph without documenting or referencing
2that specific information in the sanction order or an amended sanction order that
3retroactively corrects an earlier sanction order that does not comply with this
4paragraph is not sufficient to comply with this paragraph.
AB809, s. 129 5Section 129. 938.355 (6m) (cm) of the statutes is created to read:
Loading...
Loading...