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:
AB809,71,176 938.355 (6m) (cm) The court may not order the sanction of placement in a place
7of nonsecure custody specified in par. (a) 1g. unless the court finds that the agency
8primarily responsible for providing services for the juvenile has made reasonable
9efforts to prevent the removal of the juvenile from his or her home and that continued
10placement of the juvenile in his or her home is contrary to the welfare of the juvenile.
11The court shall make the findings specified in this paragraph on a case-by-case basis
12based on circumstances specific to the juvenile and shall document or reference the
13specific information on which that finding is based in the sanction order. A sanction
14order that merely references this paragraph without documenting or referencing
15that specific information in the sanction order or an amended sanction order that
16retroactively corrects an earlier sanction order that does not comply with this
17paragraph is not sufficient to comply with this paragraph.
AB809, s. 130 18Section 130. 938.357 (1) of the statutes is renumbered 938.357 (1) (a) and
19amended to read:
AB809,71,2320 938.357 (1) (a) The person or agency primarily responsible for implementing
21the dispositional order or the district attorney may request a change in the
22placement of the juvenile, whether or not the change requested is authorized in the
23dispositional order and, as provided in par. (b) or (c), whichever is applicable.
AB809,72,9 24(b) 1. If the proposed change in placement involves any change in placement
25other than a change in placement specified in par. (c), the person or agency primarily

1responsible for implementing the dispositional order or the district attorney
shall
2cause written notice of the proposed change in placement to be sent to the juvenile
3or the juvenile's counsel or guardian ad litem, the parent, guardian, and legal
4custodian of the juvenile, and any
foster parent, treatment foster parent, or other
5physical custodian described in s. 48.62 (2), guardian and legal custodian of the
6juvenile
. The notice shall contain the name and address of the new placement, the
7reasons for the change in placement, a statement describing why the new placement
8is preferable to the present placement, and a statement of how the new placement
9satisfies objectives of the treatment plan ordered by the court.
AB809,72,21 102. Any person receiving the notice under this subsection subd. 1. or notice of
11the specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain
12a hearing on the matter by filing an objection with the court within 10 days after
13receipt of the notice. Placements shall may not be changed until 10 days after such
14notice is sent to the court unless the parent, guardian, or legal custodian and the
15juvenile, if 12 or more years of age, sign written waivers of objection, except that
16placement changes which changes in placement that were authorized in the
17dispositional order may be made immediately if notice is given as required in this
18subsection
under subd. 1. In addition, a hearing is not required for placement
19changes authorized in the dispositional order except where when an objection filed
20by a person who received notice alleges that new information is available which that
21affects the advisability of the court's dispositional order.
AB809, s. 131 22Section 131. 938.357 (1) (b) 3. of the statutes is created to read:
AB809,72,2523 938.357 (1) (b) 3. If the court changes the juvenile's placement from a
24placement outside the home to another placement outside the home, the change in
25placement order shall contain one of the statements specified in sub. (2v) (a) 2.
AB809, s. 132
1Section 132. 938.357 (1) (c) of the statutes is created to read:
AB809,73,162 938.357 (1) (c) 1. If the proposed change in placement would change the
3placement of a juvenile placed in the home to a placement outside the home, the
4person or agency primarily responsible for implementing the dispositional order or
5the district attorney shall submit a request for the change in placement to the court.
6The request shall contain the name and address of the new placement, the reasons
7for the change in placement, a statement describing why the new placement is
8preferable to the present placement, and a statement of how the new placement
9satisfies objectives of the treatment plan ordered by the court. The request shall also
10contain specific information showing that continued placement of the juvenile in his
11or her home would be contrary to the welfare of the juvenile and, unless any of the
12circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, specific information
13showing that the agency primarily responsible for implementing the dispositional
14order has made reasonable efforts to prevent the removal of the juvenile from the
15home, while assuring that the juvenile's health and safety are the paramount
16concerns.
AB809,73,2217 2. The court shall hold a hearing prior to ordering any change in placement
18requested under subd. 1. Not less than 3 days prior to the hearing, the court shall
19provide notice of the hearing, together with a copy of the request for the change in
20placement, to the juvenile, the parent, guardian, and legal custodian of the juvenile,
21and all parties that are bound by the dispositional order. If all parties consent, the
22court may proceed immediately with the hearing.
AB809,74,323 3. If the court changes the juvenile's placement from a placement in the
24juvenile's home to a placement outside the juvenile's home, the change in placement
25order shall contain the findings specified in sub. (2v) (a) 1., one of the statements

1specified in sub. (2v) (a) 2., and, if in addition the court finds that any of the
2circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent,
3the determination specified in sub. (2v) (a) 3.
AB809, s. 133 4Section 133. 938.357 (2) of the statutes is amended to read:
AB809,74,145 938.357 (2) If emergency conditions necessitate an immediate change in the
6placement of a juvenile placed outside the home, the person or agency primarily
7responsible for implementing the dispositional order may remove the juvenile to a
8new placement, whether or not authorized by the existing dispositional order,
9without the prior notice provided in sub. (1) (b) 1. The notice shall, however, be sent
10within 48 hours after the emergency change in placement. Any party receiving
11notice may demand a hearing under sub. (1) (b) 2. In emergency situations, the
12juvenile may be placed in a licensed public or private shelter care facility as a
13transitional placement for not more than 20 days, as well as in any placement
14authorized under s. 938.34 (3).
AB809, s. 134 15Section 134. 938.357 (2m) of the statutes is renumbered 938.357 (2m) (a) and
16amended to read:
AB809,75,717 938.357 (2m) (a) The juvenile, the parent, guardian , or legal custodian of the
18juvenile, or any person or agency primarily bound by the dispositional order, other
19than the person or agency responsible for implementing the order, may request a
20change in placement under this subsection paragraph. The request shall contain the
21name and address of the place of the new placement requested and shall state what
22new information is available which that affects the advisability of the current
23placement. If the proposed change in placement would change the placement of a
24juvenile placed in the home to a placement outside the home, the request shall also
25contain specific information showing that continued placement of the juvenile in the

1home would be contrary to the welfare of the juvenile and, unless any of the
2circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, specific information
3showing that the agency primarily responsible for implementing the dispositional
4order has made reasonable efforts to prevent the removal of the juvenile from the
5home, while assuring that the juvenile's health and safety are the paramount
6concerns.
This request shall be submitted to the court. In addition, the court may
7propose a change in placement on its own motion.
AB809,75,21 8(b) The court shall hold a hearing on the matter prior to ordering any change
9in placement under this subsection requested or proposed under par. (a) if the
10request states that new information is available which that affects the advisability
11of the current placement, unless the requested or proposed change in placement
12involves any change in placement other than a change in placement of a juvenile
13placed in the home to a placement outside the home and
written waivers of objection
14to the proposed change in placement are signed by all parties entitled to receive
15notice under sub. (1) (b) 1. and the court approves. If a hearing is scheduled, the court
16shall notify the juvenile, the parent, guardian, and legal custodian of the juvenile,
17any foster parent, treatment foster parent, or other physical custodian described in
18s. 48.62 (2) of the juvenile, and all parties who are bound by the dispositional order
19at least 3 days prior to the hearing. A copy of the request or proposal for the change
20in placement shall be attached to the notice. If all the parties consent, the court may
21proceed immediately with the hearing.
AB809, s. 135 22Section 135. 938.357 (2m) (c) of the statutes is created to read:
AB809,76,323 938.357 (2m) (c) If the court changes the juvenile's placement from a placement
24in the juvenile's home to a placement outside the juvenile's home, the change in
25placement order shall contain the findings specified in sub. (2v) (a) 1., one of the

1statements specified in sub. (2v) (a) 2., and, if in addition the court finds that any of
2the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a
3parent, the determination specified in sub. (2v) (a) 3.
AB809, s. 136 4Section 136. 938.357 (2r) of the statutes is amended to read:
AB809,76,185 938.357 (2r) If a hearing is held under sub. (1) (b) 2. or (2m) (b) and the change
6in placement would remove a juvenile from a foster home, treatment foster home, or
7other placement with a physical custodian described in s. 48.62 (2), the court shall
8give the foster parent, treatment foster parent, or other physical custodian described
9in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster
10parent, treatment foster parent, or other physical custodian to make a written or oral
11statement during the hearing or to submit a written statement prior to the hearing
12relating to the juvenile and the requested change in placement. Any written or oral
13statement made under this subsection shall be made under oath or affirmation. A
14foster parent, treatment foster parent, or other physical custodian described in s.
1548.62 (2) who receives notice of a hearing under sub. (1) (b) 1. or (2m) (b) and an
16opportunity to be heard under this subsection does not become a party to the
17proceeding on which the hearing is held solely on the basis of receiving that notice
18and opportunity to be heard.
AB809, s. 137 19Section 137. 938.357 (2v) of the statutes, as created by 2001 Wisconsin Act 16,
20is renumbered 938.357 (2v) (a) 2. and amended to read:
AB809,77,821 938.357 (2v) (a) 2. If a hearing is held under sub. (1) or (2m) and the change
22in placement would place the juvenile outside the home in a placement order would
23change the placement of the juvenile to a placement outside the home
recommended
24by the person or agency primarily responsible for implementing the dispositional
25order, the change in placement order shall include whether from a placement in the

1home or from another placement outside the home,
a statement that the court
2approves the placement recommended by the person or agency or, if the juvenile is
3placed outside the home in a placement other than
change in placement order would
4change the placement of the juvenile to a placement outside the home that is not
a
5placement recommended by that person or agency, whether from a placement in the
6home or from another placement outside the home,
a statement that the court has
7given bona fide consideration to the recommendations made by that person or agency
8and all parties relating to the juvenile's placement.
AB809, s. 138 9Section 138. 938.357 (2v) (a) (intro.) of the statutes is created to read:
AB809,77,1110 938.357 (2v) (a) (intro.) A change in placement order under sub. (1) or (2m)
11shall contain all of the following:
AB809, s. 139 12Section 139. 938.357 (2v) (a) 1. of the statutes is created to read:
AB809,77,2013 938.357 (2v) (a) 1. If the court changes the juvenile's placement from a
14placement in the juvenile's home to a placement outside the juvenile's home, a
15finding that continued placement of the juvenile in his or her home would be contrary
16to the health, safety, and welfare of the juvenile and, unless a circumstance specified
17in s. 938.355 (2d) (b) 1. to 4. applies, a finding that the agency primarily responsible
18for implementing the dispositional order has made reasonable efforts to prevent the
19removal of the juvenile from the home, while assuring that the juvenile's health and
20safety are the paramount concerns.
AB809, s. 140 21Section 140. 938.357 (2v) (a) 3. of the statutes is created to read:
AB809,78,222 938.357 (2v) (a) 3. If the court finds that any of the circumstances specified in
23s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, a determination that the
24agency primarily responsible for providing services under the change in placement

1order is not required to make reasonable efforts with respect to the parent to make
2it possible for the juvenile to return safely to his or her home.
AB809, s. 141 3Section 141. 938.357 (2v) (b) of the statutes is created to read:
AB809,78,114 938.357 (2v) (b) The court shall make the findings specified in par. (a) 1. and
53. on a case-by-case basis based on circumstances specific to the juvenile and shall
6document or reference the specific information on which those findings are based in
7the change in placement order. A change in placement order that merely references
8par. (a) 1. or 3. without documenting or referencing that specific information in the
9change in placement order or an amended change in placement order that
10retroactively corrects an earlier change in placement order that does not comply with
11this paragraph is not sufficient to comply with this paragraph.
AB809, s. 142 12Section 142. 938.357 (2v) (c) of the statutes is created to read:
AB809,78,1813 938.357 (2v) (c) 1. If the court finds under par. (a) 3. that any of the
14circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent,
15the court shall hold a hearing within 30 days after the date of that finding to
16determine the permanency plan for the juvenile. If a hearing is held under this
17paragraph, the agency responsible for preparing the permanency plan shall file the
18permanency plan with the court not less than 5 days before the date of the hearing.
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