SB572: Bill Text

SB572, s. 284 Section 284. 938.255 (1) (g) of the statutes is created to read:

SB572,134,18 938.255 (1) (g) If the juvenile is or may be an Indian juvenile and is alleged to come within the provisions of s. 938.13 (4), (6), (6m), or (7), reliable and credible information showing that continued custody of the juvenile by the juvenile's parent or Indian custodian is likely to result in serious emotional or physical damage to the juvenile under s. 938.028 (4) (d) 1. and reliable and credible information showing that the person who took the juvenile into custody and the intake worker have made active efforts under s. 938.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful. If the juvenile is or may be an Indian juvenile, is alleged to come within the provisions of s. 938.13 (4), (6), (6m), or (7), and is being held in custody outside of his or her home, the petition shall set forth with specificity both the information required under this paragraph and the information required under par. (f).

SB572, s. 285 Section 285. 938.255 (2) of the statutes is amended to read:

SB572,134,21 938.255 (2) If any of the facts in sub. (1) (a) to (cr) and, (f), and (g) are not known or cannot be ascertained by the petitioner, the petition shall so state.

SB572, s. 286 Section 286. 938.255 (4) of the statutes is amended to read:

SB572,135,2 938.255 (4) Copy to juvenile, parents, and others. A copy of the petition shall be given to the juvenile and to the parents, guardian, legal custodian and physical custodian. If the juvenile is an Indian juvenile who is alleged to come within the provisions of s. 938.13 (4), (6), (6m), or (7), a copy of the petition shall also be given to the Indian juvenile's Indian custodian and tribe.

SB572, s. 287 Section 287. 938.27 (3) (a) 1. of the statutes is amended to read:

SB572,135,16 938.27 (3) (a) 1. The court shall notify, under s. 938.273, the juvenile, any parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, and any person specified in par. (b) or (d), if applicable, of all hearings involving the juvenile under this subchapter, except hearings on motions for which notice must be provided only to the juvenile and his or her counsel. If parents entitled to notice have the same place of residence, notice to one constitutes notice to the other. The first notice to any interested party, foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) shall be in writing and may have a copy of the petition attached to it. Notices of subsequent hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the date and time notice was given and the person to whom he or she spoke.

SB572, s. 288 Section 288. 938.27 (3) (d) of the statutes is created to read:

SB572,135,21 938.27 (3) (d) If the petition that was filed relates to facts concerning a situation under s. 938.13 (4), (6), (6m), or (7) involving an Indian juvenile, the court shall notify, under s. 938.273, the Indian juvenile's Indian custodian and tribe and that Indian custodian or tribe may intervene at any point in the proceeding.

SB572, s. 289 Section 289. 938.27 (4) (b) of the statutes is amended to read:

SB572,135,24 938.27 (4) (b) Advise the juvenile and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.

SB572, s. 290 Section 290. 938.273 (1) (a) of the statutes of the statutes is amended to read:

SB572,136,3 938.273 (1) (a) Service Except as provided in pars. (ag), (ar), and (b), service of summons or notice required by s. 938.27 may be made by mailing a copy of the summons or notice to the persons person summoned or notified. If

SB572,136,10 (ar) Except as provided in par. (b), if the persons person, other than a person specified in s. 938.27 (4m), fail fails to appear at the hearing or otherwise to acknowledge service, a continuance shall be granted, except as provided in par. (b), and service shall be made personally by delivering to the persons person a copy of the summons or notice; except that if the court determines that it is impracticable to serve the summons or notice personally, it the court may order service by certified mail addressed to the last-known addresses address of the persons person.

SB572, s. 291 Section 291. 938.273 (1) (ag) of the statutes is created to read:

SB572,136,14 938.273 (1) (ag) In a proceeding under s. 938.13 (4), (6), (6m), or (7), service of summons or notice required by s. 938.27 to an Indian juvenile's parent, Indian custodian, or tribe shall be made as provided in s. 938.028 (4) (a).

SB572, s. 292 Section 292. 938.273 (1) (b) of the statutes is amended to read:

SB572,136,19 938.273 (1) (b) The court may refuse to grant a continuance when the juvenile is being held in secure custody, but if the court so refuses, it the court shall order that service of notice of the next hearing be made personally or by certified mail to the last-known address of the person who failed to appear at the hearing.

SB572, s. 293 Section 293. 938.273 (1) (c) of the statutes is renumbered 938.273 (1) (c) (intro.) and amended to read:

SB572,136,24 938.273 (1) (c) (intro.) Personal service shall be made at least 72 hours before the hearing. Mail shall be sent at least 7 days before the hearing, except that when as follows:

SB572,137,2 1. When the petition is filed under s. 938.13 and the person to be notified lives outside the state, the mail shall be sent at least 14 days before the hearing.

SB572, s. 294 Section 294. 938.273 (1) (c) 2. of the statutes is created to read:

SB572,137,8 938.273 (1) (c) 2. When a petition under s. 938.13 (4), (6), (6m), or (7) involves an Indian juvenile and the person to be notified is the Indian juvenile's parent, Indian custodian, or tribe, the mail shall be sent so that it is received by the person to be notified at least 10 days before the time of the hearing or by the U.S. secretary of the interior at least 25 days before the time of the hearing.

SB572, s. 295 Section 295. 938.299 (6) (d) of the statutes is amended to read:

SB572,137,17 938.299 (6) (d) The court may stay the proceedings under this chapter pending the outcome of the paternity proceedings under subch. IX of ch. 767 if the court determines that the paternity proceedings will not unduly delay the proceedings under this chapter and the determination of paternity is necessary to the court's disposition of the juvenile if the juvenile is found to be in need of protection or services or if the court determines that the paternity proceedings may result in a finding that the juvenile is an Indian juvenile and in a petition by the juvenile's parent, Indian custodian, or tribe for transfer of the proceeding to the jurisdiction of the tribe.

SB572, s. 296 Section 296. 938.299 (9) (title) of the statutes is amended to read:

SB572,137,19 938.299 (9) (title) American Indian juvenile; tribal court involvement.

SB572, s. 297 Section 297. 938.299 (9) (a) of the statutes is amended to read:

SB572,138,2 938.299 (9) (a) If a petition under s. 938.12 or 938.13 (12) includes the statement in s. 938.255 (1) (cr) 2. or if the court is informed during a proceeding under s. 938.12 or 938.13 (12) that a petition relating to the delinquent act has been filed in a tribe's tribal court with respect to a juvenile to whom the circumstances specified in s. 938.255 (1) (cr) 1. apply, the court shall stay the proceeding and communicate with the tribal court in which the other proceeding is or may be pending to discuss which court is the more appropriate forum.

SB572, s. 298 Section 298. 938.299 (10) of the statutes is created to read:

SB572,138,12 938.299 (10) If at any point in a proceeding under s. 938.13 (4), (6), (6m), or (7) the court determines that the juvenile is or may be an Indian juvenile, the court shall provide notice of the proceeding to the juvenile's parent, Indian custodian, and tribe in the manner specified in s. 938.028 (4) (a). The next hearing in the proceeding may not be held until at least 10 days after receipt of the notice by the parent, Indian custodian, and tribe or until at least 25 days after receipt of the notice by the U.S. secretary of the interior. On request of the parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for that hearing.

SB572, s. 299 Section 299. 938.30 (1) of the statutes is amended to read:

SB572,138,25 938.30 (1) Time of hearing. Except as provided in this subsection and s. 938.299 (10), the hearing to determine the juvenile's plea to a citation or a petition under s. 938.12, 938.125, or 938.13 (12) or (14), or to determine whether any party wishes to contest an allegation that the juvenile is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) or (14) shall take place on a date which allows reasonable time for the parties to prepare but is within 30 days after the filing of a petition or issuance of a citation for a juvenile who is not being held in secure custody or within 10 days after the filing of a petition or issuance of a citation for a juvenile who is being held in secure custody. In a municipal court operated jointly by 2 or more cities, towns or villages under s. 755.01 (4), the hearing to determine the juvenile's plea shall take place within 45 days after the filing of a petition or issuance of a citation for a juvenile who is not being held in secure custody.

SB572, s. 300 Section 300. 938.30 (2) of the statutes is amended to read:

SB572,139,9 938.30 (2) Information to juvenile and parents; basic rights; substitution. At or before the commencement of the hearing under this section the juvenile and the parent, guardian, or legal custodian, or Indian custodian shall be advised of their rights as specified in s. 938.243 and shall be informed that the hearing shall be to the court and that a request for a substitution of judge under s. 938.29 must be made before the end of the plea hearing or is waived. Nonpetitioning parties, including the juvenile, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a substitution of a judge.

SB572, s. 301 Section 301. 938.30 (6) (a) of the statutes is amended to read:

SB572,139,17 938.30 (6) (a) If a petition is not contested, the court, subject to s. 938.299 (10), shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for a juvenile who is held in secure custody and no more than 30 days from the plea hearing for a juvenile who is not held in secure custody. If all parties consent the court may proceed immediately with the dispositional hearing. If a citation is not contested, the court may proceed immediately to enter a dispositional order.

SB572, s. 302 Section 302. 938.30 (7) of the statutes is amended to read:

SB572,139,24 938.30 (7) Contested petitions or citations; date for fact-finding hearing. If the petition or citation is contested, the court, subject to s. 938.299 (10), shall set a date for the fact-finding hearing that allows a reasonable time for the parties to prepare but is no more than 20 days from after the plea hearing for a juvenile who is held in secure custody and no more than 30 days from after the plea hearing for a juvenile who is not held in secure custody.

SB572, s. 303 Section 303. 938.305 of the statutes is amended to read:

SB572,140,8 938.305 Hearing upon the involuntary removal of a juvenile. Notwithstanding other time periods for hearings under this chapter, if a juvenile is removed from the physical custody of the juvenile's parent or guardian under s. 938.19 (1) (c) or (d) 5. without the consent of the parent or guardian, the court, subject to s. 938.299 (10), shall schedule a plea hearing and fact-finding hearing within 30 days after a request from the parent or guardian from whom custody was removed. The plea hearing and fact-finding hearing may be combined. This time period may be extended only with the consent of the requesting parent or guardian.

SB572, s. 304 Section 304. 938.31 (7) (a) of the statutes is amended to read:

SB572,140,15 938.31 (7) (a) At the close of the fact-finding hearing, the court, subject to s. 938.299 (10), shall set a date for the dispositional hearing that allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a juvenile in secure custody and no more than 30 days after the fact-finding hearing for a juvenile not held in secure custody. If all parties consent, the court may immediately proceed with a dispositional hearing.

SB572, s. 305 Section 305. 938.315 (1) (a) 11. of the statutes is created to read:

SB572,140,20 938.315 (1) (a) 11. A continuance, not to exceed 20 days, granted at the request of the parent, Indian custodian, or tribe of a juvenile who is or may be an Indian juvenile to enable the requester to prepare for a proceeding under s. 938.13 (4), (6), (6m), or (7) involving the juvenile.

SB572, s. 306 Section 306. 938.315 (2) of the statutes is amended to read:

SB572,141,2 938.315 (2) Continuance for good cause. A continuance may be granted by the court only upon a showing of good cause in open court or during a telephone conference under s. 807.13 on the record and only for so long as is necessary, taking into account the request or consent of the representative of the public under s. 938.09 or the parties, the request of a person specified in sub. (1) (a) 11., the interests of the victims, and the interest of the public in the prompt disposition of cases.

SB572, s. 307 Section 307. 938.32 (1) (d) 1. of the statutes is renumbered 938.32 (1) (d) and amended to read:

SB572,141,10 938.32 (1) (d) If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency plan for the juvenile. The agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

SB572, s. 308 Section 308. 938.32 (1) (d) 2. of the statutes is repealed.

SB572, s. 309 Section 309. 938.32 (1) (d) 3. of the statutes is repealed.

SB572, s. 310 Section 310. 938.33 (4) (d) of the statutes is created to read:

SB572,142,2 938.33 (4) (d) In the case of a proceeding under s. 938.13 (4), (6), (6m), or (7), if the agency knows or has reason to know that the juvenile is an Indian juvenile, a description of any efforts undertaken to determine whether the juvenile is an Indian juvenile; specific information showing that continued custody of the juvenile by the parent or Indian custodian is likely to result in serious emotional or physical damage to the juvenile, under s. 938.028 (4) (d) 1.; specific information showing that the county department or agency primarily responsible for providing services to the juvenile has made active efforts under s. 938.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful; a statement as to whether the out-of-home care placement recommended is in compliance with the order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b); and, if the recommended placement is not in compliance with that order, specific information showing good cause, as described in s. 938.028 (6) (d), for departing from that order.

SB572, s. 311 Section 311. 938.335 (3j) of the statutes is created to read:

SB572,142,10 938.335 (3j) Indian juvenile; active efforts finding. At hearings under this section involving an Indian juvenile who is the subject of a proceeding under s. 938.13 (4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is recommending placement of the Indian juvenile in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent, the agency shall present as evidence specific information showing all of the following:

SB572,142,13 (a) That continued custody of the Indian juvenile by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian juvenile under s. 938.028 (4) (d) 1.

SB572,142,17 (b) That the county department or agency primarily responsible for providing services to the Indian juvenile has made active efforts under s. 938.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful.

SB572,142,21 (c) That the placement recommended is in compliance with the order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b) or, if that placement is not in compliance with that order, good cause, as described in s. 938.028 (6) (d), for departing from that order.

SB572, s. 312 Section 312. 938.345 (1m) of the statutes is created to read:

SB572,143,4 938.345 (1m) Indian juvenile; placement preferences. (a) Subject to s. 938.028 (6) (b), if the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) and who is being placed in an out-of-home care placement, as defined in s. 938.028 (2) (c), the court shall designate one of the placements specified in s. 938.028 (6) (a) 1. to 4. as the placement for the Indian juvenile, in the order of preference listed, unless the court finds good cause, as described in s. 938.028 (6) (d), for departing from that order.

SB572, s. 313 Section 313. 938.355 (2) (b) 6v. of the statutes is created to read:

SB572,143,19 938.355 (2) (b) 6v. If the juvenile is an Indian juvenile who is in need of protection or services under s. 983.13 (4), (6), (6m), or (7) and who is placed outside the home, a finding supported by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that continued custody of the Indian juvenile by the parent or Indian custodian is likely to result in serious emotional or physical damage to the juvenile under s. 938.028 (4) (d) 1. and a finding supported by clear and convincing evidence as to whether the county department or agency primarily responsible for providing services under a court order has made active efforts under s. 938.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful. The findings under this subsection shall be in addition to the findings under subd. 6., except that for the sole purpose of determining whether the cost of providing care for an Indian juvenile is eligible for reimbursement under 42 USC 670 to 679b, the findings under this subdivision and the findings under subd. 6. shall be considered to be the same findings.

SB572, s. 314 Section 314. 938.355 (2) (d) of the statutes is amended to read:

SB572,143,24 938.355 (2) (d) The court shall provide a copy of the dispositional order to the juvenile's parent, guardian, legal custodian, or trustee and, if the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), to the Indian juvenile's Indian custodian and tribe.

SB572, s. 315 Section 315. 938.355 (2d) (c) 1. of the statutes is renumbered 938.355 (2d) (c) and amended to read:

SB572,144,8 938.355 (2d) (c) If the court finds that any of the circumstances under par. (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

SB572, s. 316 Section 316. 938.355 (2d) (c) 2. of the statutes is repealed.

SB572, s. 317 Section 317. 938.355 (2d) (c) 3. of the statutes is repealed.

SB572, s. 318 Section 318. 938.355 (2d) (d) of the statutes is created to read:

SB572,144,18 938.355 (2d) (d) This subsection does not affect the requirement under sub. (2) (b) 6v. that the court include in a dispositional order placing an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) outside the home a finding as to whether the county department or agency primarily responsible for providing services under a court order has made active efforts under s. 938.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful.

SB572, s. 319 Section 319. 938.355 (6) (an) 1. of the statutes is amended to read:

SB572,145,9 938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction under par. (d) 1. or the sanction under par. (d) 3., with monitoring by an electronic monitoring system. A sanction may be imposed under this subdivision only if, at the time of the judgment, the municipal court explained the conditions to the juvenile and informed the juvenile of those possible sanctions for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The petition shall contain a statement of whether the juvenile may be subject to the federal Indian Child Welfare Act, 25 USC 1911 to 1963, and, if the juvenile may be subject to that act, the names and addresses of the juvenile's Indian custodian, if any, and tribe, if known.

SB572, s. 320 Section 320. 938.355 (6) (b) of the statutes is amended to read:

SB572,145,20 938.355 (6) (b) Motion to impose sanction. A motion for imposition of a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the district attorney or corporation counsel, or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian, and all parties present at the original dispositional hearing. The motion shall contain a statement of whether the juvenile may be subject to the federal Indian Child Welfare Act, 25 USC 1911 to 1963 and, if the juvenile may be subject to that act, the names and addresses of the juvenile's Indian custodian, if any, and tribe, if known.

SB572, s. 321 Section 321. 938.355 (6) (bm) of the statutes is created to read:

SB572,146,8 938.355 (6) (bm) Indian juvenile; notice. If the person initiating the motion knows or has reason to know that the juvenile is an Indian juvenile who has been found to be in need of protection or services under s. 938.13 (4), (6), (6m), or (7) or who has been adjudged to have violated a civil law or ordinance, notice under par. (b) to the Indian juvenile's parent shall be provided in the manner specified in s. 938.028 (4) (a). In like manner, the court shall also notify the Indian juvenile's Indian custodian and tribe. No hearing may be held under par. (c) until at least 10 days after receipt of the notice by the Indian juvenile's parent, Indian custodian, and tribe or until at least 25 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian juvenile's parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.

SB572, s. 322 Section 322. 938.355 (6) (cr) of the statutes is created to read:

SB572,147,2 938.355 (6) (cr) Indian juvenile; findings. The court may not order the sanction of placement in a place of nonsecure custody specified in par. (d) 1. for an Indian juvenile who has been found to be in need of protection or services under s. 983.13 (4), (6), (6m), or (7) or who has been adjudged to have violated a civil law or ordinance unless the court finds by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that continued custody of the Indian juvenile by the parent or Indian custodian is likely to result in serious emotional or physical damage to the juvenile under s. 938.028 (4) (d) 1. and that the agency primarily responsible for providing services for the Indian juvenile has made active efforts under s. 938.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful. These findings are not required if they were made in the dispositional order under which the juvenile is being sanctioned. The findings under this paragraph shall be in addition to the findings under par. (cm), except that for the sole purpose of determining whether the cost of providing care for an Indian juvenile is eligible for reimbursement under 42 USC 670 to 679b, the findings under this paragraph and the findings under par. (cm) shall be considered to be the same findings.

SB572, s. 323 Section 323. 938.355 (6m) (am) 1. of the statutes is amended to read:

SB572,147,16 938.355 (6m) (am) 1. If a juvenile who has violated a municipal ordinance enacted under s. 118.163 (2) violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in par. (a) 1g. A sanction may be imposed under this subdivision only if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of that possible sanction or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible sanction and that he or she understands those conditions and that possible sanction. The petition shall contain a statement of whether the juvenile may be subject to the federal Indian Child Welfare Act, 25 USC 1911 to 1963, and, if the juvenile may be subject to that act, the names and addresses of the juvenile's Indian custodian, if any, and tribe, if known.

SB572, s. 324 Section 324. 938.355 (6m) (bm) of the statutes is created to read:

SB572,148,2 938.355 (6m) (bm) Indian juvenile; notice. If the person initiating the motion knows or has reason to know that the juvenile is an Indian juvenile, notice under par. (b) to the Indian juvenile's parent shall be provided in the manner specified in s. 938.028 (4) (a). In like manner, the court shall also notify the Indian juvenile's Indian custodian and tribe. No hearing may be held under par. (c) until at least 10 days after receipt of the notice by the Indian juvenile's parent, Indian custodian, and tribe or until at least 25 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian juvenile's parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.

SB572, s. 325 Section 325. 938.355 (6m) (c) of the statutes is amended to read:

SB572,148,8 938.355 (6m) (c) Sanction hearing. Before imposing a sanction under par. (a) or (ag), the court shall hold a hearing at which the juvenile is entitled to be represented by legal counsel and to present evidence. The Except as provided in par. (bm), the hearing shall be held within 15 days after the filing of a motion under par. (b).

SB572, s. 326 Section 326. 938.355 (6m) (cr) of the statutes is created to read:

SB572,148,24 938.355 (6m) (cr) Indian juvenile; findings. The court may not order the sanction of placement in a place of nonsecure custody specified in par. (a) 1g. for an Indian juvenile unless the court finds by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that continued custody of the Indian juvenile by the parent or Indian custodian is likely to result in serious emotional or physical damage to the juvenile under s. 938.028 (4) (d) 1. and that the agency primarily responsible for providing services for the Indian juvenile has made active efforts under s. 938.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful. These findings are not required if they were made in the dispositional order under which the juvenile is being sanctioned. The findings under this paragraph shall be in addition to the findings under par. (cm), except that for the sole purpose of determining whether the cost of providing care for an Indian juvenile is eligible for reimbursement under 42 USC 670 to 679b, the findings under this paragraph and the findings under par. (cm) shall be considered to be the same findings.

SB572, s. 327 Section 327. 938.357 (1) (am) 1. of the statutes is amended to read:

SB572,149,13 938.357 (1) (am) 1. If the proposed change in placement involves any change in placement other than a change in placement under par. (c), the person or agency primarily responsible for implementing the dispositional order or the district attorney shall cause written notice of the proposed change in placement to be sent to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile. If the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), written notice shall also be sent to the Indian juvenile's Indian custodian and tribe. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court.