SB461, s. 92 7Section 92. 48.78 (2) (a) of the statutes is amended to read:
SB461,52,118 48.78 (2) (a) No agency may make available for inspection or disclose the
9contents of any record kept or information received about an individual in its care
10or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or (5m) (d),
1148.432, 48.433, 48.93, 48.981 (7), 938.51, or 938.78 or by order of the court.
SB461, s. 93 12Section 93. 48.977 (2) (f) of the statutes, as affected by 2001 Wisconsin Act 2,
13is amended to read:
SB461,53,514 48.977 (2) (f) That the agency primarily responsible for providing services to
15the child under a court order has made reasonable efforts to make it possible for the
16child to return to his or her home, while assuring that the child's health and safety
17are the paramount concerns, but that reunification of the child with the child's
18parent or parents is unlikely or contrary to the best interests of the child and that
19further reunification efforts are unlikely to be made or are contrary to the best
20interests of the child, except that the court need not is not required to find that the
21agency has made those reasonable efforts with respect to a parent of the child if any
22of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3., 4., or 5. apply to 5. applies
23to that parent. The court shall make the findings specified in this paragraph on a
24case-by-case basis based on circumstances specific to the child and shall document
25or reference the specific information on which those findings are based in the

1guardianship order. A guardianship order that merely references this paragraph
2without documenting or referencing that specific information in the order or an
3amended guardianship order that retroactively corrects an earlier guardianship
4order that does not comply with this paragraph is not sufficient to comply with this
5paragraph.
SB461, s. 94 6Section 94. 938.21 (1) (a) of the statutes is amended to read:
SB461,53,197 938.21 (1) (a) If a juvenile who has been taken into custody is not released
8under s. 938.20, a hearing to determine whether the juvenile shall continue to be held
9in custody under the criteria of ss. 938.205 to 938.209 (1) shall be conducted by the
10judge or juvenile court commissioner within 24 hours after the end of the day that
11the decision to hold the juvenile was made, excluding Saturdays, Sundays , and legal
12holidays. By the time of the hearing a petition under s. 938.25 shall be filed, except
13that no petition need be filed where a juvenile is taken into custody under s. 938.19
14(1) (b) or (d) 2., 6. or 7. or where the juvenile is a runaway from another state, in which
15case a written statement of the reasons for holding a juvenile in custody shall be
16substituted if the petition is not filed. If no hearing has been held within 24 hours
17or if no petition or statement has been filed at the time of the hearing, the juvenile
18shall be released except as provided in par. (b). A parent not present at the hearing
19shall be granted a rehearing upon request for good cause shown.
SB461, s. 95 20Section 95. 938.21 (2) (am) of the statutes is amended to read:
SB461,53,2521 938.21 (2) (am) A juvenile held in a nonsecure place of custody may waive in
22writing his or her right to participate in the hearing under this section. After any
23waiver, a hearing rehearing shall be granted upon the request of the juvenile or any
24other interested party for good cause shown. Any juvenile transferred to a secure
25detention facility shall thereafter have a hearing rehearing under this section.
SB461, s. 96
1Section 96. 938.21 (3) (am) of the statutes is amended to read:
SB461,54,62 938.21 (3) (am) The parent, guardian, or legal custodian may waive his or her
3right to participate in
the hearing under this section. Agreement in writing of the
4juvenile is required if he or she is over 12.
After any waiver, a hearing rehearing shall
5be granted at the request of any the parent, guardian, legal custodian, or any other
6interested party for good cause shown.
SB461, s. 97 7Section 97. 938.21 (5) (b) 1. of the statutes, as affected by 2001 Wisconsin Act
816
, is repealed and recreated to read:
SB461,55,29 938.21 (5) (b) 1. A finding that continued placement of the juvenile in his or her
10home would be contrary to the welfare of the juvenile. Unless the judge or juvenile
11court commissioner finds that any of the circumstances specified in s. 938.355 (2d)
12(b) 1. to 4. applies, the order shall in addition include a finding as to whether the
13person who took the juvenile into custody and the intake worker have made
14reasonable efforts to prevent the removal of the juvenile from the home, while
15assuring that the juvenile's health and safety are the paramount concerns, and a
16finding as to whether the person who took the juvenile into custody and the intake
17worker have made reasonable efforts to make it possible for the juvenile to return
18safely home or, if for good cause shown sufficient information is not available for the
19judge or juvenile court commissioner to make a finding as to whether those
20reasonable efforts were made to prevent the removal of the juvenile from the home,
21a finding as to whether those reasonable efforts were made to make it possible for
22the juvenile to return safely home and an order for the county department or agency
23primarily responsible for providing services to the juvenile under the custody order
24to file with the court sufficient information for the judge or juvenile court
25commissioner to make a finding as to whether those reasonable efforts were made

1to prevent the removal of the juvenile from the home by no later than 5 days after
2the date of the order.
SB461, s. 98 3Section 98. 938.21 (5) (b) 3. of the statutes is created to read:
SB461,55,94 938.21 (5) (b) 3. If the judge or juvenile court commissioner finds that any of
5the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a
6parent, a determination that the county department or agency primarily responsible
7for providing services under the custody order is not required to make reasonable
8efforts with respect to the parent to make it possible for the juvenile to return safely
9to his or her home.
SB461, s. 99 10Section 99. 938.21 (5) (c) of the statutes is created to read:
SB461,55,1811 938.21 (5) (c) The judge or juvenile court commissioner shall make the findings
12specified in par. (b) 1. and 3. on a case-by-case basis based on circumstances specific
13to the juvenile and shall document or reference the specific information on which
14those findings are based in the custody order. A custody order that merely references
15par. (b) 1. or 3. without documenting or referencing that specific information in the
16custody order or an amended custody order that retroactively corrects an earlier
17custody order that does not comply with this paragraph is not sufficient to comply
18with this paragraph.
SB461, s. 100 19Section 100. 938.21 (5) (d) of the statutes is created to read:
SB461,56,220 938.21 (5) (d) 1. If the judge or juvenile court commissioner finds that any of
21the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a
22parent, the judge or juvenile court commissioner shall hold a hearing within 30 days
23after the date of that finding to determine the permanency plan for the juvenile. If
24a hearing is held under this subdivision, the agency responsible for preparing the

1permanency plan shall file the permanency plan with the court not less than 5 days
2before the date of the hearing.
SB461,56,73 2. If a hearing is held under subd. 1, at least 10 days before the date of the
4hearing the court shall notify the juvenile, any parent, guardian, and legal custodian
5of the juvenile, and any foster parent, treatment foster parent, or other physical
6custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of
7the hearing.
SB461,56,188 3. The court shall give a foster parent, treatment foster parent, or other
9physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
102. an opportunity to be heard at the hearing by permitting the foster parent,
11treatment foster parent, or other physical custodian to make a written or oral
12statement during the hearing, or to submit a written statement prior to the hearing,
13relevant to the issues to be determined at the hearing. Any written or oral statement
14made under this subdivision shall be made upon oath or affirmation. A foster parent,
15treatment foster parent, or other physical custodian who receives a notice of a
16hearing under subd. 2. and an opportunity to be heard under this subdivision does
17not become a party to the proceeding on which the hearing is held solely on the basis
18of receiving that notice and opportunity to be heard.
SB461, s. 101 19Section 101. 938.255 (1) (f) of the statutes is created to read:
SB461,57,220 938.255 (1) (f) If the juvenile is being held in custody outside of his or her home,
21reliable and credible information showing that continued placement of the juvenile
22in his or her home would be contrary to the welfare of the juvenile and, unless any
23of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, reliable and
24credible information showing that the person who took the juvenile into custody and
25the intake worker have made reasonable efforts to prevent the removal of the

1juvenile from the home, while assuring that the juvenile's health and safety are the
2paramount concerns, and to make it possible for the juvenile to return safely home.
SB461, s. 102 3Section 102. 938.255 (2) of the statutes is amended to read:
SB461,57,54 938.255 (2) If any of the facts in sub. (1) (a) to (cm) and (f) are not known or
5cannot be ascertained by the petitioner, the petition shall so state.
SB461, s. 103 6Section 103. 938.27 (3) (a) 1m. of the statutes is amended to read:
SB461,57,177 938.27 (3) (a) 1m. The court shall give a foster parent, treatment foster parent,
8or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
9subd. 1. an opportunity to be heard at the hearing by permitting the foster parent,
10treatment 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,
12relevant to the issues to be determined at the hearing. Any written or oral statement
13made under this subdivision shall be made upon oath or affirmation.
A foster parent,
14treatment foster parent, or other physical custodian described in s. 48.62 (2) who
15receives a notice of a hearing under subd. 1. and an opportunity to be heard under
16this subdivision does not become a party to the proceeding on which the hearing is
17held solely on the basis of receiving that notice and opportunity to be heard.
SB461, s. 104 18Section 104. 938.315 (2m) of the statutes is created to read:
SB461,57,2219 938.315 (2m) No continuance or extension of a time limit specified in this
20chapter may be granted and no period of delay specified in sub. (1) may be excluded
21in computing a time requirement under this chapter if the continuance, extension,
22or exclusion would result in any of the following:
SB461,58,423 (a) The court making an initial finding under s. 938.21 (5) (b) 1., 938.355 (2) (b)
246., or 938.357 (2v) (a) 1. that reasonable efforts have been made to prevent the
25removal of the juvenile from the home, while assuring that the juvenile's health and

1safety are the paramount concerns, or an initial finding under s. 938.21 (5) (b) 3.,
2938.355 (2) (b) 6r., or 938.357 (2v) (a) 3. that those efforts were not required to be
3made because a circumstance specified in s. 938.355 (2d) (b) 1. to 4. applies, more
4than 60 days after the date on which the juvenile was removed from the home.
SB461,58,105 (b) The court making an initial finding under s. 938.38 (5m) that the agency
6primarily responsible for providing services to the juvenile has made reasonable
7efforts to achieve the goals of the juvenile's permanency plan more than 12 months
8after the date on which the juvenile was removed from the home or making any
9subsequent findings under s. 938.38 (5m) as to those reasonable efforts more than
1012 months after the date of a previous finding as to those reasonable efforts.
SB461, s. 105 11Section 105. 938.315 (3) of the statutes is amended to read:
SB461,58,2012 938.315 (3) Failure to comply with any time limit specified in this chapter does
13not deprive the court of personal or subject matter jurisdiction or of competency to
14exercise that jurisdiction. Failure to object to a period of delay or a continuance
15waives the time limit that is the subject of the period of delay or continuance. If a
16party does not comply with a time limit specified in this chapter, the court, while
17assuring the safety of the juvenile,
may grant a continuance under sub. (2), dismiss
18the petition with or without prejudice, release the juvenile from secure or nonsecure
19custody or from the terms of a custody order or grant any other relief that the court
20considers appropriate.
SB461, s. 106 21Section 106. 938.32 (1) (c) of the statutes is created to read:
SB461,59,1122 938.32 (1) (c) 1. If at the time the consent decree is entered into the juvenile
23is placed outside the home under a voluntary agreement under s. 48.63 or is
24otherwise living outside the home without a court order and if the consent decree
25maintains the juvenile in that placement or other living arrangement, the consent

1decree shall include a finding that placement of the juvenile in his or her home would
2be contrary to the welfare of the juvenile, a finding as to whether the county
3department or the agency primarily responsible for providing services to the juvenile
4has made reasonable efforts to prevent the removal of the juvenile from the home,
5while assuring that the juvenile's health and safety are the paramount concerns,
6unless the judge or juvenile court commissioner finds that any of the circumstances
7specified in s. 938.355 (2d) (b) 1. to 4. applies, and a finding as to whether the county
8department or agency has made reasonable efforts to achieve the goal of the
9juvenile's permanency plan, unless return of the juvenile to the home is the goal of
10the permanency plan and the judge or juvenile court commissioner finds that any of
11the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.
SB461,59,1712 2. If the judge or juvenile court commissioner finds that any of the
13circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent,
14the consent decree shall include a determination that the county department or
15agency primarily responsible for providing services under the consent decree is not
16required to make reasonable efforts with respect to the parent to make it possible for
17the juvenile to return safely to his or her home.
SB461,59,2518 3. The judge or juvenile court commissioner shall make the findings specified
19in subds. 1. and 2. on a case-by-case basis based on circumstances specific to the
20juvenile and shall document or reference the specific information on which those
21findings are based in the consent decree. A consent decree that merely references
22subd. 1. or 2. without documenting or referencing that specific information in the
23consent decree or an amended consent decree that retroactively corrects an earlier
24consent decree that does not comply with this subdivision is not sufficient to comply
25with this subdivision.
SB461, s. 107
1Section 107. 938.32 (1) (d) of the statutes is created to read:
SB461,60,82 938.32 (1) (d) 1. If the judge or juvenile court commissioner finds that any of
3the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a
4parent, the judge or juvenile court commissioner shall hold a hearing within 30 days
5after the date of that finding to determine the permanency plan for the juvenile. If
6a hearing is held under this subdivision, the agency responsible for preparing the
7permanency plan shall file the permanency plan with the court not less than 5 days
8before the date of the hearing.
SB461,60,139 2. If a hearing is held under subd. 1., at least 10 days before the date of the
10hearing the court shall notify the juvenile, any parent, guardian, and legal custodian
11of the juvenile, and any foster parent, treatment foster parent, or other physical
12custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of
13the hearing.
SB461,60,2414 3. The court shall give a foster parent, treatment foster parent, or other
15physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
162. an opportunity to be heard at the hearing by permitting the foster parent,
17treatment foster parent, or other physical custodian to make a written or oral
18statement during the hearing, or to submit a written statement prior to the hearing,
19relevant to the issues to be determined at the hearing. Any written or oral statement
20made under this subdivision shall be made upon oath or affirmation. A foster parent,
21treatment foster parent, or other physical custodian who receives a notice of a
22hearing under subd. 2. and an opportunity to be heard under this subdivision does
23not become a party to the proceeding on which the hearing is held solely on the basis
24of receiving that notice and opportunity to be heard.
SB461, s. 108 25Section 108. 938.33 (4) (intro.) of the statutes is amended to read:
SB461,61,6
1938.33 (4) Other out-of-home placements. (intro.) A report recommending
2placement in a foster home, treatment foster home, group home, or nonsecured child
3caring institution or in the home of a relative other than a parent shall be in writing,
4except that the report may be presented orally at the dispositional hearing if all
5parties consent. A report that is presented orally shall be transcribed and made a
6part of the court record. The report shall include all of the following:
SB461, s. 109 7Section 109. 938.33 (4) (c) of the statutes is created to read:
SB461,61,188 938.33 (4) (c) Specific information showing that continued placement of the
9juvenile in his or her home would be contrary to the welfare of the juvenile, specific
10information showing that the county department or the agency primarily
11responsible for providing services to the juvenile has made reasonable efforts to
12prevent the removal of the juvenile from the home, while assuring that the juvenile's
13health and safety are the paramount concerns, unless any of the circumstances
14specified in s. 938.355 (2d) (b) 1. to 4. applies, and specific information showing that
15the county department or agency has made reasonable efforts to achieve the goal of
16the juvenile's permanency plan, unless return of the juvenile to the home is the goal
17of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b)
181. to 4. applies.
SB461, s. 110 19Section 110. 938.335 (3g) of the statutes is created to read:
SB461,62,820 938.335 (3g) At hearings under this section, if the agency, as defined in s.
21938.38 (1) (a), is recommending placement of the juvenile in a foster home, treatment
22foster home, group home, or child caring institution or in the home of a relative other
23than a parent, the agency shall present as evidence specific information showing that
24continued placement of the juvenile in his or her home would be contrary to the
25welfare of the juvenile, specific information showing that the county department or

1the agency primarily responsible for providing services to the juvenile has made
2reasonable efforts to prevent the removal of the juvenile from the home, while
3assuring that the juvenile's health and safety are the paramount concerns, unless
4any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and specific
5information showing that the county department or agency has made reasonable
6efforts to achieve the goal of the juvenile's permanency plan, unless return of the
7juvenile to the home is the goal of the permanency plan and any of the circumstances
8specified in s. 938.355 (2d) (b) 1. to 4. applies.
SB461, s. 111 9Section 111. 938.355 (1) of the statutes is amended to read:
SB461,62,2310 938.355 (1) Intent. In any order under s. 938.34 or 938.345, the court shall
11decide on a placement and treatment finding based on evidence submitted to the
121court. The disposition shall employ those means necessary to promote the
13objectives specified in s. 938.01. If the disposition places a juvenile who has been
14adjudicated delinquent outside the home under s. 938.34 (3) (c) or (d), the order shall
15include a finding that the juvenile's current residence will not safeguard the welfare
16of the juvenile or the community due to the serious nature of the act for which the
17juvenile was adjudicated delinquent.
If the judge has determined that any of the
18conditions specified in s. 938.34 (4m) (b) 1., 2., or 3. applies, that determination shall
19be prima facie evidence that a less restrictive alternative than placement in a
20secured correctional facility, a secured child caring institution, or a secured group
21home is not appropriate. If information under s. 938.331 has been provided in a court
22report under s. 938.33 (1), the court shall consider that information when deciding
23on a placement and treatment finding.
SB461, s. 112 24Section 112. 938.355 (2) (b) 6. of the statutes is amended to read:
SB461,63,25
1938.355 (2) (b) 6. If the juvenile is placed outside the home and if sub. (2d) does
2not apply, the court's
, a finding that continued placement of the juvenile in his or her
3home would be contrary to the welfare of the juvenile or, if the juvenile has been
4adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), or
5(d) or (4d), a finding that the juvenile's current residence will not safeguard the
6welfare of the juvenile or the community due to the serious nature of the act for which
7the juvenile was adjudicated delinquent. The court order shall also contain a
finding
8as to whether a the county department which provides social services or the agency
9primarily responsible for providing services under a court order has made reasonable
10efforts to prevent the removal of the juvenile from the home, while assuring that the
11juvenile's health and safety are the paramount concerns, or, if applicable, the court's
12unless the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 4.
13applies, and a
finding as to whether the county department or agency primarily
14responsible for providing services under a court order
has made reasonable efforts
15to make it possible for the juvenile to return safely to his or her home achieve the goal
16of the juvenile's permanency plan, unless return of the juvenile to the home is the
17goal of the permanency plan and the court finds that any of the circumstances
18specified in sub. (2d) (b) 1. to 4. applies. The court shall make the findings specified
19in this subdivision on a case-by-case basis based on circumstances specific to the
20juvenile and shall document or reference the specific information on which those
21findings are based in the court order. A court order that merely references this
22subdivision without documenting or referencing that specific information in the
23court order or an amended court order that retroactively corrects an earlier court
24order that does not comply with this subdivision is not sufficient to comply with this
25subdivision
.
SB461, s. 113
1Section 113. 938.355 (2) (b) 6r. of the statutes is created to read:
SB461,64,62 938.355 (2) (b) 6r. If the court finds that any of the circumstances specified in
3sub. (2d) (b) 1. to 4. applies with respect to a parent, a determination that the county
4department or agency primarily responsible for providing services under the court
5order is not required to make reasonable efforts with respect to the parent to make
6it possible for the juvenile to return safely to his or her home.
SB461, s. 114 7Section 114. 938.355 (2b) of the statutes is amended to read:
SB461,64,178 938.355 (2b) Concurrent reasonable efforts permitted. A county
9department that provides social services or the agency primarily responsible for
10providing services to a juvenile under a court order may, at the same time as the
11county department or agency is making the reasonable efforts required under sub.
12(2) (b) 6. to prevent the removal of the juvenile from the home or to make it possible
13for the juvenile to return safely to his or her home
, work with the department of
14health and family services, a county department under s. 48.57 (1) (e) or (hm), or a
15child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place
16the juvenile for adoption, with a guardian, with a fit and willing relative, or in some
17other alternative permanent placement.
SB461, s. 115 18Section 115. 938.355 (2c) (b) of the statutes is amended to read:
SB461,65,219 938.355 (2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether
20the county department or the agency primarily responsible for providing services to
21the juvenile under a court order has made reasonable efforts to make it possible for
22the juvenile to return safely to his or her home
achieve the goal of the permanency
23plan
, the court's consideration of reasonable efforts shall include , but not be limited
24to,
the considerations listed under par. (a) 1. to 5. and whether visitation schedules

1between the juvenile and his or her parents were implemented, unless visitation was
2denied or limited by the court.
SB461, s. 116 3Section 116. 938.355 (2d) (b) (intro.) of the statutes is amended to read:
SB461,65,144 938.355 (2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the court need not is
5not required to
include in a dispositional order a finding as to whether a the county
6department which provides social services or the agency primarily responsible for
7providing services under a court order has made reasonable efforts with respect to
8a parent of a juvenile to prevent the removal of the juvenile from the home, while
9assuring that the juvenile's health and safety are the paramount concerns, or, if
10applicable, a finding as to whether the county department or agency primarily
11responsible for providing services under a court order
has made reasonable efforts
12with respect to a parent of a juvenile to make it possible for the juvenile to return
13achieve the permanency plan goal of returning the juvenile safely to his or her home,
14if the court finds, as evidenced by a final judgment of conviction, any of the following:
SB461, s. 117 15Section 117. 938.355 (2d) (b) 1. of the statutes is amended to read:
SB461,65,1716 938.355 (2d) (b) 1. That the parent has subjected the juvenile to aggravated
17circumstances, as evidenced by a final judgment of conviction.
SB461, s. 118 18Section 118. 938.355 (2d) (b) 2. of the statutes is amended to read:
SB461,65,2419 938.355 (2d) (b) 2. That the parent has committed, has aided or abetted the
20commission of, or has solicited, conspired, or attempted to commit, a violation of s.
21940.01, 940.02, 940.03, or 940.05 or a violation of the law of any other state or federal
22law, if that violation would be a violation of s. 940.01, 940.02, 940.03, or 940.05 if
23committed in this state, as evidenced by a final judgment of conviction, and that the
24victim of that violation is a child of the parent.
SB461, s. 119 25Section 119. 938.355 (2d) (b) 3. of the statutes is amended to read:
SB461,66,8
1938.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (2),
2(3), (4), or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.03 (2) (a) or (3) (a)
3or a violation of the law of any other state or federal law, if that violation would be
4a violation of s. 940.19 (2), (3), (4), or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025,
5or 948.03 (2) (a) or (3) (a) if committed in this state, as evidenced by a final judgment
6of conviction
, and that the violation resulted in great bodily harm, as defined in s.
7939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the juvenile
8or another child of the parent.
SB461, s. 120 9Section 120. 938.355 (2d) (b) 4. of the statutes is amended to read:
SB461,66,1210 938.355 (2d) (b) 4. That the parental rights of the parent to another child have
11been involuntarily terminated, as evidenced by a final order of a court of competent
12jurisdiction terminating those parental rights
.
SB461, s. 121 13Section 121. 938.355 (2d) (bm) of the statutes is created to read:
SB461,66,2114 938.355 (2d) (bm) The court shall make a finding specified in par. (b) 1. to 4.
15on a case-by-case basis based on circumstances specific to the juvenile and shall
16document or reference the specific information on which that finding is based in the
17dispositional order. A dispositional order that merely references par. (b) 1. to 4.
18without documenting or referencing that specific information in the dispositional
19order or an amended dispositional order that retroactively corrects an earlier
20dispositional order that does not comply with this paragraph is not sufficient to
21comply with this paragraph.
SB461, s. 122 22Section 122. 938.355 (2d) (c) of the statutes is renumbered 938.355 (2d) (c) 1.
23and amended to read:
SB461,67,524 938.355 (2d) (c) 1. If the court makes a finding finds that any of the
25circumstances
specified in par. (b) 1., 2., 3., or 4. to 4. applies with respect to a parent,

1the court shall hold a hearing within 30 days after the date of that finding to
2determine the permanency plan for the juvenile. If a hearing is held under this
3paragraph subdivision, the agency responsible for preparing the permanency plan
4shall file the permanency plan with the court not less than 5 days before the date of
5the hearing.
SB461, s. 123 6Section 123. 938.355 (2d) (c) 2. and 3. of the statutes are created to read:
SB461,67,117 938.355 (2d) (c) 2. If a hearing is held under subd. 1, at least 10 days before the
8date of the hearing the court shall notify the juvenile, any parent, guardian, and legal
9custodian of the juvenile, and any foster parent, treatment foster parent, or other
10physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and
11purpose of the hearing.
SB461,67,2212 3. The court shall give a foster parent, treatment foster parent, or other
13physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
142. an opportunity to be heard at the hearing by permitting the foster parent,
15treatment foster parent, or other physical custodian to make a written or oral
16statement during the hearing, or to submit a written statement prior to the hearing,
17relevant to the issues to be determined at the hearing. Any written or oral statement
18made under this subdivision shall be made upon oath or affirmation. A foster parent,
19treatment foster parent, or other physical custodian who receives a notice of a
20hearing under subd. 2. and an opportunity to be heard under this subdivision does
21not become a party to the proceeding on which the hearing is held solely on the basis
22of receiving that notice and opportunity to be heard.
SB461, s. 124 23Section 124. 938.355 (4) (a) of the statutes is amended to read:
SB461,68,1924 938.355 (4) (a) Except as provided under par. (b) or s. 938.368, all orders an
25order
under this section shall terminate at the end of one year unless the court

1specifies a shorter period of time. Except if s. 938.368 applies, extensions or revisions

2or s. 938.357 or 938.365 made before the juvenile reaches 18 years of age that places
3or continues the placement of the juvenile in his or her home
shall terminate at the
4end of one year after its entry unless the court specifies a shorter period of time. No
5extension under s. 938.365 of an original dispositional order may be granted for a
6juvenile who is subject to an order under s. 938.34 (4d), (4h), (4m) or (4n) if the
7juvenile is 17 years of age or older when the original dispositional order terminates.
8Any order made before the juvenile reaches the age of majority shall be effective for
9a time up to one year after its entry unless the court specifies a shorter period of time

10or the court terminates the order sooner. Except as provided in par. (b) or s. 938.368,
11an order under this section or s. 938.357 or 938.365 made before the juvenile reaches
1218 years of age that places or continues the placement of the juvenile in a foster home,
13treatment foster home, group home, or child caring institution or in the home of a
14relative other than a parent shall terminate when the juvenile reaches 18 years of
15age, at the end of one year after its entry, or, if the juvenile is a full-time student at
16a secondary school or its vocational or technical equivalent and is reasonably
17expected to complete the program before reaching 19 years of age, when the juvenile
18reaches 19 years of age, whichever is later, unless the court specifies a shorter period
19of time or the court terminates the order sooner.
SB461, s. 125 20Section 125. 938.355 (4) (b) of the statutes is amended to read:
SB461,69,1321 938.355 (4) (b) An order under s. 938.34 (4d), (4h) or (4m) for which a juvenile
22has been adjudicated delinquent is subject to par. (a), except that the judge may make

23Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before
24the juvenile reaches 18 years of age may
apply for up to 2 years after its entry or until
25the juvenile's 18th birthdate, whichever is earlier and the judge shall make, unless

1the court specifies a shorter period of time or the court terminates the order sooner.
2Except as provided in s. 938.368,
an order under s. 938.34 (4h) made before the
3juvenile reaches 18 years of age shall
apply for 5 years after its entry, if the juvenile
4is adjudicated delinquent for committing an act that would be punishable as a
5Class B felony if committed by an adult, or until the juvenile reaches 25 years of age,
6if the juvenile is adjudicated delinquent for committing an act that would be
7punishable as a Class A felony if committed by an adult. Except as provided in s.
8938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before
9the juvenile reaches 17 years of age shall terminate at the end of one year after its
10entry unless the court specifies a shorter period of time or the court terminates the
11order sooner. No extension under s. 938.365 of an original dispositional order under
12s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age
13or older when the original dispositional order terminates.
SB461, s. 126 14Section 126. 938.355 (6) (a) of the statutes is amended to read:
SB461,70,615 938.355 (6) (a) If a juvenile who has been adjudged delinquent or to have
16violated a civil law or ordinance, other than an ordinance enacted under s. 118.163
17(1m) or (2), violates a condition specified in sub. (2) (b) 7., the court may impose on
18the juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing
19under s. 938.335, the court explained the conditions to the juvenile and informed the
20juvenile of those possible sanctions or if before the violation the juvenile has
21acknowledged in writing that he or she has read, or has had read to him or her, those
22conditions and possible sanctions and that he or she understands those conditions
23and possible sanctions. If a juvenile who has been found to be in need of protection
24or services under s. 938.13 (4), (6m), (7), (12), or (14) violates a condition specified in
25sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in

1par. (d), other than placement in a secure detention facility or juvenile portion of a
2county jail, if, at the dispositional hearing under s. 938.335, the court explained the
3conditions to the juvenile and informed the juvenile of those possible sanctions or if
4before the violation the juvenile has acknowledged in writing that he or she has read,
5or has had read to him or her, those conditions and possible sanctions and that he or
6she understands those conditions and possible sanctions.
SB461,70,18 7(cm) The court may not order the sanction of placement in a place of nonsecure
8custody specified in par. (d) 1. unless the court finds that the agency primarily
9responsible for providing services for the juvenile has made reasonable efforts to
10prevent the removal of the juvenile from his or her home and that continued
11placement of the juvenile in his or her home is contrary to the welfare of the juvenile.
12The court shall make the findings specified in this paragraph on a case-by-case basis
13based on circumstances specific to the juvenile and shall document or reference the
14specific information on which that finding is based in the sanction order. A sanction
15order that merely references this paragraph without documenting or referencing
16that specific information in the sanction order or an amended sanction order that
17retroactively corrects an earlier sanction order that does not comply with this
18paragraph is not sufficient to comply with this paragraph.
SB461, s. 127 19Section 127. 938.355 (6m) (cm) of the statutes is created to read:
SB461,71,620 938.355 (6m) (cm) The court may not order the sanction of placement in a place
21of nonsecure custody specified in par. (a) 1g. unless the court finds that the agency
22primarily responsible for providing services for the juvenile has made reasonable
23efforts to prevent the removal of the juvenile from his or her home and that continued
24placement of the juvenile in his or her home is contrary to the welfare of the juvenile.
25The court shall make the findings specified in this paragraph on a case-by-case basis

1based on circumstances specific to the juvenile and shall document or reference the
2specific information on which that finding is based in the sanction order. A sanction
3order that merely references this paragraph without documenting or referencing
4that specific information in the sanction order or an amended sanction order that
5retroactively corrects an earlier sanction order that does not comply with this
6paragraph is not sufficient to comply with this paragraph.
SB461, s. 128 7Section 128. 938.357 (1) of the statutes is renumbered 938.357 (1) (a) and
8amended to read:
SB461,71,129 938.357 (1) (a) The person or agency primarily responsible for implementing
10the dispositional order or the district attorney may request a change in the
11placement of the juvenile, whether or not the change requested is authorized in the
12dispositional order and, as provided in par. (b) or (c), whichever is applicable.
SB461,71,23 13(b) 1. If the proposed change in placement involves any change in placement
14other than a change in placement specified in par. (c), the person or agency primarily
15responsible for implementing the dispositional order or the district attorney
shall
16cause written notice of the proposed change in placement to be sent to the juvenile
17or the juvenile's counsel or guardian ad litem, the parent, guardian, and legal
18custodian of the juvenile, and any
foster parent, treatment foster parent, or other
19physical custodian described in s. 48.62 (2), guardian and legal custodian of the
20juvenile
. The notice shall contain the name and address of the new placement, the
21reasons for the change in placement, a statement describing why the new placement
22is preferable to the present placement, and a statement of how the new placement
23satisfies objectives of the treatment plan ordered by the court.
SB461,72,10 242. Any person receiving the notice under this subsection subd. 1. or notice of
25the specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain

1a hearing on the matter by filing an objection with the court within 10 days after
2receipt of the notice. Placements shall may not be changed until 10 days after such
3notice is sent to the court unless the parent, guardian, or legal custodian and the
4juvenile, if 12 or more years of age, sign written waivers of objection, except that
5placement changes which changes in placement that were authorized in the
6dispositional order may be made immediately if notice is given as required in this
7subsection
under subd. 1. In addition, a hearing is not required for placement
8changes authorized in the dispositional order except where when an objection filed
9by a person who received notice alleges that new information is available which that
10affects the advisability of the court's dispositional order.
SB461, s. 129 11Section 129. 938.357 (1) (b) 3. of the statutes is created to read:
SB461,72,1412 938.357 (1) (b) 3. If the court changes the juvenile's placement from a
13placement outside the home to another placement outside the home, the change in
14placement order shall contain one of the statements specified in sub. (2v) (a) 2.
SB461, s. 130 15Section 130. 938.357 (1) (c) of the statutes is created to read:
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