SB288,162,174 938.33 (4) (d) In the case of a proceeding under s. 938.13 (4), (6), (6m), or (7),
5if the agency knows or has reason to know that the juvenile is an Indian juvenile who
6is being removed from the home of his or her parent or Indian custodian, a description
7of any efforts undertaken to determine whether the juvenile is an Indian juvenile;
8specific information showing that continued custody of the juvenile by the parent or
9Indian custodian is likely to result in serious emotional or physical damage to the
10juvenile, under s. 938.028 (4) (d) 1.; specific information showing that active efforts
11under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian
12juvenile's family and that those efforts have proved unsuccessful; a statement as to
13whether the out-of-home care placement recommended is in compliance with the
14order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6)
15(b); and, if the recommended placement is not in compliance with that order, specific
16information showing good cause, as described in s. 938.028 (6) (d), for departing from
17that order.
SB288, s. 329 18Section 329. 938.335 (3j) of the statutes is created to read:
SB288,163,219 938.335 (3j) Indian juvenile; active efforts finding. At hearings under this
20section involving an Indian juvenile who is the subject of a proceeding under s. 938.13
21(4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is recommending
22removal of the Indian juvenile from the home of his or her parent or Indian custodian
23and placement of the Indian juvenile in a foster home, treatment foster home, group
24home, or residential care center for children and youth or in the home of a relative

1other than a parent, the agency shall present as evidence specific information
2showing all of the following:
SB288,163,53 (a) That continued custody of the Indian juvenile by the parent or Indian
4custodian is likely to result in serious emotional or physical damage to the Indian
5juvenile under s. 938.028 (4) (d) 1.
SB288,163,86 (b) That active efforts under s. 938.028 (4) (d) 2. have been made to prevent the
7breakup of the Indian juvenile's family and that those efforts have proved
8unsuccessful.
SB288,163,129 (c) That the placement recommended is in compliance with the order of
10placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b) or,
11if that placement is not in compliance with that order, good cause, as described in s.
12938.028 (6) (d), for departing from that order.
SB288, s. 330 13Section 330. 938.335 (3j) (intro.) of the statutes, as created by 2009 Wisconsin
14Act .... (this act), is amended to read:
SB288,163,2215 938.335 (3j) (intro.) Indian juvenile; active efforts finding. At hearings under
16this section involving an Indian juvenile who is the subject of a proceeding under s.
17938.13 (4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is
18recommending removal of the Indian juvenile from the home of his or her parent or
19Indian custodian and placement of the Indian juvenile in a foster home, treatment
20foster home,
group home, or residential care center for children and youth or in the
21home of a relative other than a parent, the agency shall present as evidence specific
22information showing all of the following:
SB288, s. 331 23Section 331. 938.345 (1m) of the statutes is created to read:
SB288,164,524 938.345 (1m) Indian juvenile; placement preferences. (a) Subject to s.
25938.028 (6) (b), if the juvenile is an Indian juvenile who is in need of protection or

1services under s. 938.13 (4), (6), (6m), or (7) and who is being removed from the home
2of his or her parent or Indian custodian and placed outside that home, the court shall
3designate one of the placements specified in s. 938.028 (6) (a) 1. to 4. as the placement
4for the Indian juvenile, in the order of preference listed, unless the court finds good
5cause, as described in s. 938.028 (6) (d), for departing from that order.
SB288, s. 332 6Section 332. 938.355 (2) (b) 6v. of the statutes is created to read:
SB288,164,227 938.355 (2) (b) 6v. If the juvenile is an Indian juvenile who is in need of
8protection or services under s. 938.13 (4), (6), (6m), or (7) and who is being removed
9from the home of his or her parent or Indian custodian and placed outside that home,
10a finding supported by clear and convincing evidence, including the testimony of one
11or more qualified expert witnesses, that continued custody of the Indian juvenile by
12the parent or Indian custodian is likely to result in serious emotional or physical
13damage to the juvenile under s. 938.028 (4) (d) 1. and a finding that active efforts
14under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian
15juvenile's family and that those efforts have proved unsuccessful. The findings
16under this subdivision shall be in addition to the findings under subd. 6., except that
17for the sole purpose of determining whether the cost of providing care for an Indian
18juvenile is eligible for reimbursement under 42 USC 670 to 679b, the findings under
19this subdivision and the findings under subd. 6. shall be considered to be the same
20findings. The findings under this subdivision are not required if they were made in
21a previous order in the proceeding unless a change in circumstances warrants new
22findings.
SB288, s. 333 23Section 333. 938.355 (2) (d) of the statutes is amended to read:
SB288,165,324 938.355 (2) (d) The court shall provide a copy of the dispositional order to the
25juvenile's parent, guardian, legal custodian, or trustee and, if the juvenile is an

1Indian juvenile who has been removed from the home of his or her parent or Indian
2custodian and placed outside that home under s. 938.13 (4), (6), (6m), or (7), to the
3Indian juvenile's Indian custodian and tribe
.
SB288, s. 334 4Section 334. 938.355 (2d) (c) 1. of the statutes is renumbered 938.355 (2d) (c)
5and amended to read:
SB288,165,116 938.355 (2d) (c) If the court finds that any of the circumstances under par. (b)
71. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38
8(4m)
within 30 days after the date of that finding to determine the permanency plan
9for the juvenile. If a hearing is held under this subdivision, the agency responsible
10for preparing the permanency plan shall file the permanency plan with the court not
11less than 5 days before the date of the hearing.
SB288, s. 335 12Section 335. 938.355 (2d) (c) 2. of the statutes, as affected by 2009 Wisconsin
13Act 28
, is repealed.
SB288, s. 336 14Section 336. 938.355 (2d) (c) 3. of the statutes, as affected by 2009 Wisconsin
15Act 28
, is repealed.
SB288, s. 337 16Section 337. 938.355 (2d) (d) of the statutes is created to read:
SB288,165,2317 938.355 (2d) (d) This subsection does not affect the requirement under sub. (2)
18(b) 6v. that the court include in a dispositional order removing an Indian juvenile who
19is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) from the home
20of his or her parent or Indian custodian and placing the juvenile outside that home
21a finding that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the
22breakup of the Indian juvenile's family and that those efforts have proved
23unsuccessful.
SB288, s. 338 24Section 338. 938.355 (6) (an) 1. of the statutes is amended to read:
SB288,166,15
1938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance, other
2than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a
3dispositional order imposed by the municipal court, the municipal court may petition
4the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose
5on the juvenile the sanction under par. (d) 1. or the sanction under par. (d) 3., with
6monitoring by an electronic monitoring system. A sanction may be imposed under
7this subdivision only if, at the time of the judgment, the municipal court explained
8the conditions to the juvenile and informed the juvenile of those possible sanctions
9for a violation or if before the violation the juvenile has acknowledged in writing that
10he or she has read, or has had read to him or her, those conditions and possible
11sanctions and that he or she understands those conditions and possible sanctions.
12The petition shall contain a statement of whether the juvenile may be subject to the
13federal Indian Child Welfare Act, 25 USC 1911 1901 to 1963, and, if the juvenile may
14be subject to that act, the names and addresses of the juvenile's Indian custodian, if
15any, and tribe, if known
.
SB288, s. 339 16Section 339. 938.355 (6) (b) of the statutes is amended to read:
SB288,167,217 938.355 (6) (b) Motion to impose sanction. A motion for imposition of a sanction
18may be brought by the person or agency primarily responsible for the provision of
19dispositional services, the district attorney or corporation counsel, or the court that
20entered the dispositional order. If the court initiates the motion, that court is
21disqualified from holding a hearing on the motion. Notice of the motion shall be given
22to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian, and all
23parties present at the original dispositional hearing. The motion shall contain a
24statement of whether the juvenile may be subject to the federal Indian Child Welfare

1Act, 25 USC 1911 1901 to 1963 and, if the juvenile may be subject to that act, the
2names and addresses of the juvenile's Indian custodian, if any, and tribe, if known
.
SB288, s. 340 3Section 340. 938.355 (6) (bm) of the statutes is created to read:
SB288,167,194 938.355 (6) (bm) Indian juvenile; notice. If the person initiating the motion
5knows or has reason to know that the juvenile is an Indian juvenile who has been
6found to be in need of protection or services under s. 938.13 (4), (6m), or (7) or who
7has been adjudged to have violated a civil law or ordinance, other than an ordinance
8enacted under s. 118.163 (1m) or (2), and if the motion is seeking removal of the
9juvenile from the home of his or her parent or Indian custodian and placement of the
10juvenile in a place of nonsecure custody specified in par. (d) 1., notice under par. (b)
11to the Indian juvenile's parent shall be provided in the manner specified in s. 938.028
12(4) (a). In like manner, the court shall also notify the Indian juvenile's Indian
13custodian and tribe. No hearing may be held under par. (c) until at least 10 days after
14receipt of the notice by the Indian juvenile's parent, Indian custodian, and tribe or,
15if the identity or location of the Indian juvenile's parent, Indian custodian, or tribe
16cannot be determined, until at least 10 days after receipt of the notice by the U.S.
17secretary of the interior. On request of the Indian juvenile's parent, Indian
18custodian, or tribe, the court shall grant a continuance of up to 20 additional days
19to enable the requester to prepare for the hearing.
SB288, s. 341 20Section 341. 938.355 (6) (cr) of the statutes is created to read:
SB288,168,1321 938.355 (6) (cr) Indian juvenile; findings. In the case of an Indian juvenile who
22has been found to be in need of protection or services under s. 938.13 (4), (6m), or (7)
23or who has been adjudged to have violated a civil law or ordinance, other than an
24ordinance enacted under s. 118.163 (1m) or (2), the court may not order the sanction
25of removal from the home of the Indian juvenile's parent or Indian custodian and

1placement in a place of nonsecure custody specified in par. (d) 1., unless the court
2finds by clear and convincing evidence, including the testimony of one or more
3qualified expert witnesses, that continued custody of the Indian juvenile by the
4parent or Indian custodian is likely to result in serious emotional or physical damage
5to the juvenile under s. 938.028 (4) (d) 1. and the court finds that active efforts under
6s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's
7family and that those efforts have proved unsuccessful. These findings are not
8required if they were made in the dispositional order under which the juvenile is
9being sanctioned. The findings under this paragraph shall be in addition to the
10findings under par. (cm), except that for the sole purpose of determining whether the
11cost of providing care for an Indian juvenile is eligible for reimbursement under 42
12USC 670
to 679b, the findings under this paragraph and the findings under par. (cm)
13shall be considered to be the same findings.
SB288, s. 342 14Section 342. 938.355 (6m) (am) 1. of the statutes is amended to read:
SB288,169,215 938.355 (6m) (am) 1. If a juvenile who has violated a municipal ordinance
16enacted under s. 118.163 (2) violates a condition of a dispositional order imposed by
17the municipal court, the municipal court may petition the court assigned to exercise
18jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction
19specified in par. (a) 1g. A sanction may be imposed under this subdivision only if, at
20the time of the judgment the municipal court explained the conditions to the juvenile
21and informed the juvenile of that possible sanction or if before the violation the
22juvenile has acknowledged in writing that he or she has read, or has had read to him
23or her, those conditions and that possible sanction and that he or she understands
24those conditions and that possible sanction. The petition shall contain a statement
25of whether the juvenile may be subject to the federal Indian Child Welfare Act, 25

1USC 1911 1901 to 1963, and, if the juvenile may be subject to that act, the names and
2addresses of the juvenile's Indian custodian, if any, and tribe, if known
.
SB288, s. 343 3Section 343. 938.355 (6m) (bm) of the statutes is created to read:
SB288,169,184 938.355 (6m) (bm) Indian juvenile; notice. If the person initiating the motion
5knows or has reason to know that the juvenile is an Indian juvenile who has been
6found to be in need of protection or services under s. 938.13 (6) or who has been
7adjudged to have violated an ordinance enacted under s. 118.163 (2), and if the
8motion is seeking removal of the juvenile from the home of his or her parent or Indian
9custodian and placement in a place of nonsecure custody specified in par. (a) 1g.,
10notice under par. (b) to the Indian juvenile's parent shall be provided in the manner
11specified in s. 938.028 (4) (a). In like manner, the court shall also notify the Indian
12juvenile's Indian custodian and tribe. No hearing may be held under par. (c) until
13at least 10 days after receipt of the notice by the Indian juvenile's parent, Indian
14custodian, and tribe or, if the identity or location of the Indian juvenile's parent,
15Indian custodian, or tribe cannot be determined, until at least 10 days after receipt
16of the notice by the U.S. secretary of the interior. On request of the Indian juvenile's
17parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20
18additional days to enable the requester to prepare for the hearing.
SB288, s. 344 19Section 344. 938.355 (6m) (c) of the statutes is amended to read:
SB288,169,2420 938.355 (6m) (c) Sanction hearing. Before imposing a sanction under par. (a)
21or (ag), the court shall hold a hearing at which the juvenile is entitled to be
22represented by legal counsel and to present evidence. The Except as provided in par.
23(bm), the
hearing shall be held within 15 days after the filing of a motion under par.
24(b).
SB288, s. 345 25Section 345. 938.355 (6m) (cr) of the statutes is created to read:
SB288,170,18
1938.355 (6m) (cr) Indian juvenile; findings. In the case of an Indian juvenile
2who has been found to be in need of protection or services under s. 938.13 (6) or who
3has been adjudged to have violated an ordinance enacted under s. 118.163 (2), the
4court may not order the sanction of removal from the home of the Indian juvenile's
5parent or Indian custodian and placement in a place of nonsecure custody specified
6in par. (a) 1g., unless the court finds by clear and convincing evidence, including the
7testimony of one or more qualified expert witnesses, that continued custody of the
8Indian juvenile by the parent or Indian custodian is likely to result in serious
9emotional or physical damage to the juvenile under s. 938.028 (4) (d) 1. and the court
10finds that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the
11breakup of the Indian juvenile's family and that those efforts have proved
12unsuccessful. These findings are not required if they were made in the dispositional
13order under which the juvenile is being sanctioned. The findings under this
14paragraph shall be in addition to the findings under par. (cm), except that for the sole
15purpose of determining whether the cost of providing care for an Indian juvenile is
16eligible for reimbursement under 42 USC 670 to 679b, the findings under this
17paragraph and the findings under par. (cm) shall be considered to be the same
18findings.
SB288, s. 346 19Section 346. 938.357 (1) (am) 1. of the statutes is amended to read:
SB288,171,720 938.357 (1) (am) 1. If the proposed change in placement involves any change
21in placement other than a change in placement under par. (c), the person or agency
22primarily responsible for implementing the dispositional order or the district
23attorney shall cause written notice of the proposed change in placement to be sent
24to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any
25foster parent, treatment foster parent, or other physical custodian described in s.

148.62 (2) of the juvenile. If the juvenile is an Indian juvenile who has been removed
2from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m),
3or (7), written notice shall also be sent to the Indian juvenile's Indian custodian and
4tribe.
The notice shall contain the name and address of the new placement, the
5reasons for the change in placement, a statement describing why the new placement
6is preferable to the present placement, and a statement of how the new placement
7satisfies objectives of the treatment plan ordered by the court.
SB288, s. 347 8Section 347. 938.357 (1) (am) 1. of the statutes, as affected by 2009 Wisconsin
9Acts 28
and .... (this act), is repealed and recreated to read:
SB288,171,2210 938.357 (1) (am) 1. If the proposed change in placement involves any change
11in placement other than a change in placement under par. (c), the person or agency
12primarily responsible for implementing the dispositional order or the district
13attorney shall cause written notice of the proposed change in placement to be sent
14to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any
15foster parent or other physical custodian described in s. 48.62 (2) of the juvenile. If
16the juvenile is an Indian juvenile who has been removed from the home of his or her
17parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall
18also be sent to the Indian juvenile's Indian custodian and tribe. The notice shall
19contain the name and address of the new placement, the reasons for the change in
20placement, a statement describing why the new placement is preferable to the
21present placement, and a statement of how the new placement satisfies objectives
22of the treatment plan ordered by the court.
SB288, s. 348 23Section 348. 938.357 (1) (am) 1g. of the statutes is created to read:
SB288,172,724 938.357 (1) (am) 1g. If the juvenile is an Indian juvenile who has been removed
25from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m),

1or (7), and if the proposed change in placement would change the Indian juvenile's
2placement from a placement outside that home to another placement outside that
3home, a notice under subd. 1. shall also contain a statement as to whether the new
4placement is in compliance with the order of placement preference under s. 938.028
5(6) (a) or, if applicable, s. 938.028 (6) (b) and, if the new placement is not in compliance
6with that order, specific information showing good cause, as described in s. 938.028
7(6) (d), for departing from that order.
SB288, s. 349 8Section 349. 938.357 (1) (am) 2. of the statutes is amended to read:
SB288,172,229 938.357 (1) (am) 2. Any person receiving the notice under subd. 1. or notice of
10a specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain
11a hearing on the matter by filing an objection with the court within 10 days after
12receipt of the notice. Placements may not be changed until 10 days after that notice
13is sent to the court unless the parent, guardian, or legal custodian and, or Indian
14custodian,
the juvenile, if 12 or more years of age, and the juvenile's tribe, if the
15juvenile is an Indian juvenile who has been removed from the home of his or her
16parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7),
sign written waivers
17of objection, except that changes in placement that were authorized in the
18dispositional order may be made immediately if notice is given as required under
19subd. 1. In addition, a hearing is not required for placement changes authorized in
20the dispositional order except when an objection filed by a person who received notice
21alleges that new information is available that affects the advisability of the court's
22dispositional order.
SB288, s. 350 23Section 350. 938.357 (1) (am) 2. of the statutes, as affected by 2009 Wisconsin
24Acts 28
and .... (this act), is repealed and recreated to read:
SB288,173,13
1938.357 (1) (am) 2. Any person receiving the notice under subd. 1. or notice of
2a specific placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter
3by filing an objection with the court within 10 days after receipt of the notice.
4Placements may not be changed until 10 days after that notice is sent to the court
5unless the parent, guardian, legal custodian, or Indian custodian, the juvenile, if 12
6or more years of age, and the juvenile's tribe, if the juvenile is an Indian juvenile who
7has been removed from the home of his or her parent or Indian custodian under s.
8938.13 (4), (6), (6m), or (7), sign written waivers of objection, except that changes in
9placement that were authorized in the dispositional order may be made immediately
10if notice is given as required under subd. 1. In addition, a hearing is not required for
11placement changes authorized in the dispositional order except when an objection
12filed by a person who received notice alleges that new information is available that
13affects the advisability of the court's dispositional order.
SB288, s. 351 14Section 351. 938.357 (1) (am) 3. of the statutes is amended to read:
SB288,173,2415 938.357 (1) (am) 3. If the court changes the juvenile's placement from a
16placement outside the home to another placement outside the home, the change in
17placement order shall contain the applicable order under sub. (2v) (a) 1m. and the
18applicable statement under sub. (2v) (a) 2. If the court changes the placement of an
19Indian juvenile who has been removed from the home of his or her parent or Indian
20custodian under s. 938.13 (4), (6), (6m), or (7) from a placement outside that home
21to another placement outside that home, the change in placement order shall, in
22addition, comply with the order of placement preference under s. 938.028 (6) (a) or,
23if applicable, s. 938.028 (6) (b), unless the court finds good cause, as described in s.
24938.028 (6) (d), for departing from that order.
SB288, s. 352 25Section 352. 938.357 (1) (c) 1m. of the statutes is created to read:
SB288,174,14
1938.357 (1) (c) 1m. If the juvenile is an Indian juvenile who is in need of
2protection or services under s. 938.13 (4), (6), (6m), or (7), and if the proposed change
3in placement would change the placement of the juvenile from a placement in the
4home of his or her parent or Indian custodian to a placement outside that home, a
5request under subd. 1. shall also contain specific information showing that continued
6custody of the Indian juvenile by the parent or Indian custodian is likely to result in
7serious emotional or physical damage to the juvenile under s. 938.028 (4) (d) 1.,
8specific information showing that active efforts under s. 938.028 (4) (d) 2. have been
9made to prevent the breakup of the Indian juvenile's family and that those efforts
10have proved unsuccessful, a statement as to whether the new placement is in
11compliance with the order of placement preference under s. 938.028 (6) (a) or, if
12applicable, s. 938.028 (6) (b) and, if the new placement is not in compliance with that
13order, specific information showing good cause, as described in s. 938.028 (6) (d), for
14departing from that order.
SB288, s. 353 15Section 353. 938.357 (1) (c) 2. of the statutes is amended to read:
SB288,174,2316 938.357 (1) (c) 2. The court shall hold a hearing prior to ordering a change in
17placement requested under subd. 1. At least 3 days prior to the hearing, the court
18shall provide notice of the hearing, together with a copy of the request for the change
19in placement, to the juvenile, the parent, guardian, and legal custodian of the
20juvenile, and all parties that are bound by the dispositional order. If, and, if the
21juvenile is an Indian juvenile who is in need of protection or services under s. 938.13
22(4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe. Subject to subd.
232m., if
all parties consent, the court may proceed immediately with the hearing.
SB288, s. 354 24Section 354. 938.357 (1) (c) 2m. of the statutes is created to read:
SB288,175,13
1938.357 (1) (c) 2m. In a proceeding involving an Indian juvenile who is in need
2of protection or services under s. 938.13 (4), (6), (6m), or (7), if the proposed change
3in placement would change the placement of the juvenile from a placement in the
4home of his or her parent or Indian custodian to a placement outside that home notice
5under subd. 2. to the Indian juvenile's parent, Indian custodian, and tribe shall be
6provided in the manner specified in s. 938.028 (4) (a). No hearing on the request may
7be held until at least 10 days after receipt of the notice by the Indian juvenile's
8parent, Indian custodian, and tribe or, if the identity or location of the Indian
9juvenile's parent, Indian custodian, or tribe cannot be determined, until at least 10
10days after receipt of the notice by the U.S. secretary of the interior. On request of the
11Indian juvenile's parent, Indian custodian, or tribe, the court shall grant a
12continuance of up to 20 additional days to enable the requester to prepare for the
13hearing.
SB288, s. 355 14Section 355. 938.357 (1) (c) 3. of the statutes is amended to read:
SB288,176,215 938.357 (1) (c) 3. If the court changes the juvenile's placement from a placement
16in the juvenile's home to a placement outside the juvenile's home, the change in
17placement order shall contain the findings under sub. (2v) (a) 1., the applicable order
18under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., and, if in
19addition the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to
204. applies with respect to a parent, the determination under sub. (2v) (a) 3. If the
21court changes the placement of an Indian juvenile who is in need of protection or
22services under s. 938.13 (4), (6), (6m), or (7) from a placement in the home of his or
23her parent or Indian custodian to a placement outside that home, the change in
24placement order shall contain the findings under sub. (2v) (a) 4. and comply with the
25order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6)

1(b), unless the court finds good cause, as described in s. 938.028 (6) (d), for departing
2from that order.
SB288, s. 356 3Section 356. 938.357 (2m) (a) of the statutes is amended to read:
SB288,176,214 938.357 (2m) (a) Request; information required. The juvenile, the parent,
5guardian, or legal custodian of the juvenile, or any person or agency primarily bound
6by the dispositional order, other than the person or agency responsible for
7implementing the order, or, if the juvenile is an Indian juvenile who is in need of
8protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
9custodian
may request a change in placement under this paragraph. The request
10shall contain the name and address of the new placement requested and shall state
11what new information is available that affects the advisability of the current
12placement. If the proposed change in placement would change the placement of a
13juvenile placed in the juvenile's home to a placement outside the home, the request
14shall also contain specific information showing that continued placement of the
15juvenile in the juvenile's home would be contrary to the welfare of the juvenile and,
16unless any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies, specific
17information showing that the agency primarily responsible for implementing the
18dispositional order has made reasonable efforts to prevent the removal of the
19juvenile from the home, while assuring that the juvenile's health and safety are the
20paramount concerns. The request shall be submitted to the court. The court may
21also propose a change in placement on its own motion.
SB288, s. 357 22Section 357. 938.357 (2m) (am) of the statutes is created to read:
SB288,177,1023 938.357 (2m) (am) Indian juvenile; information required. 1. If the proposed
24change of placement would change the placement of an Indian juvenile placed in the
25home of his or her parent or Indian custodian under s. 938.357 (4), (6), (6m), or (7)

1to a placement outside that home, a request under par. (a) shall also contain specific
2information showing that continued custody of the Indian juvenile by the parent or
3Indian custodian is likely to result in serious emotional or physical damage to the
4juvenile under s. 938.028 (4) (d) 1., specific information showing that active efforts
5under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian
6juvenile's family and that those efforts have proved unsuccessful, a statement as to
7whether the new placement is in compliance with the order of placement preference
8under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b) and, if the new placement
9is not in compliance with that order, specific information showing good cause, as
10described in s. 938.028 (6) (d), for departing from that order.
SB288,177,1811 2. If the proposed change in placement would change the placement of an
12Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m),
13or (7) from a placement outside the home of his or her parent or Indian custodian to
14another placement outside that home, a request under par. (a) shall also contain a
15statement as to whether the new placement is in compliance with the order of
16placement preference under s. 938.028 (6) (a) or if applicable, s. 938.028 (6) (b) and,
17if the new placement is not in compliance with that order, specific information
18showing good cause, as described in s. 938.028 (6) (d), for departing from that order.
SB288, s. 358 19Section 358. 938.357 (2m) (b) of the statutes is amended to read:
SB288,178,1120 938.357 (2m) (b) Hearing; when required. The court shall hold a hearing prior
21to ordering any change in placement requested or proposed under par. (a) if the
22request states that new information is available that affects the advisability of the
23current placement. A hearing is not required if the requested or proposed change in
24placement does not involve a change in placement of a juvenile placed in the
25juvenile's home to a placement outside the juvenile's home, written waivers of

1objection to the proposed change in placement are signed by all parties entitled to
2receive notice under sub. (1) (am) 1. this paragraph, and the court approves. If a
3hearing is scheduled, not less than 3 days before the hearing the court shall notify
4the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster
5parent, treatment foster parent, or other physical custodian described in s. 48.62 (2)
6of the juvenile, and all parties who are bound by the dispositional order at least 3
7days prior to the hearing
, and, if the juvenile is an Indian juvenile who is in need of
8protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
9custodian and tribe
. A copy of the request or proposal for the change in placement
10shall be attached to the notice. If Subject to par. (bm), if all of the parties consent,
11the court may proceed immediately with the hearing.
SB288, s. 359 12Section 359. 938.357 (2m) (b) of the statutes, as affected by 2009 Wisconsin
13Acts 28
and .... (this act), is repealed and recreated to read:
SB288,179,414 938.357 (2m) (b) Hearing; when required. The court shall hold a hearing prior
15to ordering any change in placement requested or proposed under par. (a) if the
16request states that new information is available that affects the advisability of the
17current placement. A hearing is not required if the requested or proposed change in
18placement does not involve a change in placement of a juvenile placed in the
19juvenile's home to a placement outside the juvenile's home, written waivers of
20objection to the proposed change in placement are signed by all parties entitled to
21receive notice under this paragraph, and the court approves. If a hearing is
22scheduled, not less than 3 days before the hearing the court shall notify the juvenile,
23the parent, guardian, and legal custodian of the juvenile, any foster parent or other
24physical custodian described in s. 48.62 (2) of the juvenile, all parties who are bound
25by the dispositional order, and, if the juvenile is an Indian juvenile who is in need of

1protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
2custodian and tribe. A copy of the request or proposal for the change in placement
3shall be attached to the notice. Subject to par. (bm), if all of the parties consent, the
4court may proceed immediately with the hearing.
SB288, s. 360 5Section 360. 938.357 (2m) (bm) of the statutes is created to read:
SB288,179,186 938.357 (2m) (bm) Indian juvenile; notice. If the juvenile is an Indian juvenile
7who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), and if the
8proposed change in placement would change the placement of the Indian juvenile
9from a placement in the home of his or her parent or Indian custodian to a placement
10outside that home, notice under par. (b) to the Indian juvenile's parent, Indian
11custodian, and tribe shall be provided in the manner specified in s. 938.028 (4) (a).
12No hearing on the request or proposal may be held until at least 10 days after receipt
13of the notice by the Indian juvenile's parent, Indian custodian, and tribe or, if the
14identity or location of the Indian juvenile's parent, Indian custodian, or tribe cannot
15be determined, until at least 10 days after receipt of the notice by the U.S. secretary
16of the interior. On request of the Indian juvenile's parent, Indian custodian, or tribe,
17the court shall grant a continuance of up to 20 additional days to enable the requester
18to prepare for the hearing.
SB288, s. 361 19Section 361. 938.357 (2m) (c) of the statutes is renumbered 938.357 (2m) (c)
201. and amended to read:
SB288,180,821 938.357 (2m) (c) Findings required. 1. If the court changes the juvenile's
22placement from a placement in the juvenile's home to a placement outside the
23juvenile's home, the change in placement order shall contain the findings under sub.
24(2v) (a) 1., the applicable order under sub. (2v) (a) 1m., the applicable statement
25under sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances

1under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination
2under sub. (2v) (a) 3. If the court changes the placement of an Indian juvenile who
3is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) from a
4placement in the home of his or her parent or Indian custodian to a placement outside
5that home, the change in placement order shall, in addition, contain the findings
6under sub. (2v) (a) 4. and comply with the order of placement preference under s.
7938.028 (6) (a) or, if applicable, s. 938.028 (6) (b), unless the court finds good cause,
8as described in s. 938.028 (6) (d), for departing from that order.
SB288,180,18 92. If the court changes the juvenile's placement from a placement outside the
10home to another placement outside the home, the change in placement order shall
11contain the applicable order under sub. (2v) (a) 1m. and the applicable statement
12under sub. (2v) (a) 2. If the court changes the placement of an Indian juvenile who
13is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) from a
14placement outside the home of his or her parent or Indian custodian to another
15placement outside that home, the change in placement order shall, in addition,
16comply with the order of placement preference under s. 938.028 (6) (a) or, if
17applicable, s. 938.028 (6) (b), unless the court finds good cause, as described in s.
18938.028 (6) (d), for departing from the order.
SB288, s. 362 19Section 362. 938.357 (2v) (a) 4. of the statutes is created to read:
SB288,181,1020 938.357 (2v) (a) 4. If the change in placement order changes the placement of
21an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6),
22(6m), or (7) from a placement in the home of his or her parent or Indian custodian to
23a placement outside that home, a finding supported by clear and convincing
24evidence, including the testimony of one or more qualified expert witnesses, that
25continued custody of the Indian juvenile by the parent or Indian custodian is likely

1to result in serious emotional or physical damage to the juvenile under s. 938.028 (4)
2(d) 1. and a finding that active efforts under s. 938.028 (4) (d) 2. have been made to
3prevent the breakup of the Indian juvenile's family and that those efforts have
4proved unsuccessful. The findings under this subdivision shall be in addition to the
5findings under subd. 1., except that for the sole purpose of determining whether the
6cost of providing care for an Indian juvenile is eligible for reimbursement under 42
7USC 670
to 679b, the findings under this subdivision and the findings under subd.
81. shall be considered to be the same findings. The findings under this subdivision
9are not required if they were made in a previous order in the proceeding unless a
10change in circumstances warrants new findings.
SB288, s. 363 11Section 363. 938.357 (2v) (c) 1. of the statutes is renumbered 938.357 (2v) (c)
12and amended to read:
SB288,181,1813 938.357 (2v) (c) If the court finds under par. (a) 3. that any of the circumstances
14under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold
15a hearing under s. 938.38 (4m) 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 at least 5 days before the date of the hearing.
SB288, s. 364 19Section 364. 938.357 (2v) (c) 2. of the statutes, as affected by 2009 Wisconsin
20Act 28
, is repealed.
SB288, s. 365 21Section 365. 938.357 (2v) (c) 3. of the statutes, as affected by 2009 Wisconsin
22Act 28
, is repealed.
SB288, s. 366 23Section 366. 938.363 (1) (a) of the statutes is amended to read:
SB288,182,1324 938.363 (1) (a) A juvenile, the juvenile's parent, guardian, or legal custodian,
25any person or agency bound by a dispositional order, or the district attorney or

1corporation counsel in the county in which the dispositional order was entered or, if
2the juvenile is an Indian juvenile who is in need of protection or services under s.
3938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian
may request a
4revision in the order that does not involve a change in placement, including a revision
5with respect to the amount of child support to be paid by a parent. The court may
6also propose a revision. The request or court proposal shall set forth in detail the
7nature of the proposed revision and what new information is available that affects
8the advisability of the court's disposition. The request or court proposal shall be
9submitted to the court. The court shall hold a hearing on the matter prior to any
10revision of the dispositional order if the request or court proposal indicates that new
11information is available that affects the advisability of the court's dispositional order,
12unless written waivers of objections to the revision are signed by all parties entitled
13to receive notice and the court approves.
SB288, s. 367 14Section 367. 938.363 (1) (b) of the statutes is amended to read:
SB288,183,315 938.363 (1) (b) If a hearing is held, at least 3 days before the hearing the court
16shall notify the juvenile, the juvenile's parent, guardian, and legal custodian, all
17parties bound by the dispositional order, the juvenile's foster parent, treatment
18foster parent, or other physical custodian described in s. 48.62 (2), and the district
19attorney or corporation counsel in the county in which the dispositional order was
20entered at least 3 days prior to the hearing. If the juvenile is an Indian juvenile who
21is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the court shall
22also notify the Indian juvenile's Indian custodian and, if that juvenile is placed
23outside the home of his or her parent or Indian custodian, the Indian juvenile's tribe
.
24A copy of the request or proposal shall be attached to the notice. If all parties consent,
25the court may proceed immediately with the hearing. No revision may extend the

1effective period of the original order, or revise an original order under s. 938.34 (3)
2(f) or (6) (am) to impose more than a total of 30 days of detention, nonsecure custody,
3or inpatient treatment on a juvenile.
SB288, s. 368 4Section 368. 938.363 (1) (b) of the statutes, as affected by 2009 Wisconsin Acts
528
and .... (this act), is repealed and recreated to read:
SB288,183,186 938.363 (1) (b) If a hearing is held, at least 3 days before the hearing the court
7shall notify the juvenile, the juvenile's parent, guardian, and legal custodian, all
8parties bound by the dispositional order, the juvenile's foster parent or other physical
9custodian described in s. 48.62 (2), and the district attorney or corporation counsel
10in the county in which the dispositional order was entered. If the juvenile is an
11Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m),
12or (7), the court shall also notify the Indian juvenile's Indian custodian and, if that
13juvenile is placed outside the home of his or her parent or Indian custodian, the
14Indian juvenile's tribe. A copy of the request or proposal shall be attached to the
15notice. If all parties consent, the court may proceed immediately with the hearing.
16No revision may extend the effective period of the original order, or revise an original
17order under s. 938.34 (3) (f) or (6) (am) to impose more than a total of 30 days of
18detention, nonsecure custody, or inpatient treatment on a juvenile.
SB288, s. 369 19Section 369. 938.365 (1m) of the statutes is amended to read:
SB288,184,520 938.365 (1m) Request for extension. The parent, juvenile, guardian, legal
21custodian, any person or agency bound by the dispositional order, the district
22attorney or corporation counsel in the county in which the dispositional order was
23entered, or the court on its own motion, or, if the juvenile is an Indian juvenile who
24is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian
25juvenile's Indian custodian
may request an extension of an order under s. 938.355.

1The request shall be submitted to the court which that entered the order. An order
2under s. 938.355 for placement of a juvenile in detention, nonsecure custody, or
3inpatient treatment under s. 938.34 (3) (f) or (6) (am) may not be extended. Other
4orders or portions of orders under s. 938.355 may be extended only as provided in this
5section.
SB288, s. 370 6Section 370. 938.365 (2) of the statutes is amended to read:
SB288,184,177 938.365 (2) Notice. No order may be extended without a hearing. The court
8shall notify provide notice of the time and place of the hearing to the juvenile or the
9juvenile's guardian ad litem or counsel, the juvenile's parent, guardian, and legal
10custodian, all of the parties present at the original hearing, the juvenile's foster
11parent, treatment foster parent, or other physical custodian described in s. 48.62 (2),
12and the district attorney or corporation counsel in the county in which the
13dispositional order was entered of the time and place of the hearing. If the juvenile
14is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6),
15(6m), or (7), the court shall also notify the Indian juvenile's Indian custodian and, if
16that juvenile is placed outside the home of his or her parent or Indian custodian, the
17Indian juvenile's tribe
.
SB288, s. 371 18Section 371. 938.365 (2) of the statutes, as affected by 2009 Wisconsin Acts
1928
and .... (this act), is repealed and recreated to read:
SB288,185,420 938.365 (2) Notice. No order may be extended without a hearing. The court
21shall provide notice of the time and place of the hearing to the juvenile or the
22juvenile's guardian ad litem or counsel, the juvenile's parent, guardian, and legal
23custodian, all of the parties present at the original hearing, the juvenile's foster
24parent or other physical custodian described in s. 48.62 (2), and the district attorney
25or corporation counsel in the county in which the dispositional order was entered.

1If the juvenile is an Indian juvenile who is in need of protection or services under s.
2938.13 (4), (6), (6m), or (7), the court shall also notify the Indian juvenile's Indian
3custodian and, if that juvenile is placed outside the home of his or her parent or
4Indian custodian, the Indian juvenile's tribe.
SB288, s. 372 5Section 372. 938.365 (2g) (b) 4. of the statutes is created to read:
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