AB514,57,1916 301.12 (1) Liability and the collection and enforcement of such liability for the
17care, maintenance, services, and supplies specified in this section is governed
18exclusively by this section, except in cases of child support ordered by a court under
19s. 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or ch. 767.
AB514,95 20Section 95. 301.12 (2) of the statutes is amended to read:
AB514,58,1721 301.12 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
22including a person placed under s. 938.183, 938.32 (1) (bm) or (c), 938.34 (4h) or (4m),
23or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance, services, and supplies
24provided by any institution in this state operated or contracted for by the
25department, in which the state is chargeable with all or part of the person's care,

1maintenance, services, and supplies, and the person's property and estate, including
2the homestead, and the spouse of the person, and the spouse's property and estate,
3including the homestead, and, in the case of a minor child, the parents of the person,
4and their property and estates, including their homestead, and, in the case of a
5foreign child described in s. 48.839 (1) who became dependent on public funds for his
6or her primary support before an order granting his or her adoption, the resident of
7this state appointed guardian of the child by a foreign court who brought the child
8into this state for the purpose of adoption, and his or her property and estate,
9including his or her homestead, shall be liable for the cost of the care, maintenance,
10services, and supplies in accordance with the fee schedule established by the
11department under s. 301.03 (18). If a spouse, widow, or minor, or an incapacitated
12person, may be lawfully dependent upon the property for his or her support, the court
13shall release all or such part of the property and estate from the charges that may
14be necessary to provide for that person. The department shall make every
15reasonable effort to notify the liable persons as soon as possible after the beginning
16of the maintenance, but the notice or the receipt of the notice is not a condition of
17liability.
AB514,96 18Section 96. 301.12 (14) (b) of the statutes is amended to read:
AB514,59,219 301.12 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability
20of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the
21parent's minor child who has been placed by a court order under s. 938.183, 938.32,
22938.355, or 938.357 in a residential, nonmedical facility such as a group home, foster
23home, residential care center for children and youth, or juvenile correctional
24institution shall be determined by the court by using the percentage standard
25established by the department of children and families under s. 49.22 (9) and by

1applying the percentage standard in the manner established by the department
2under par. (g).
AB514,97 3Section 97. 301.12 (14) (e) 1. of the statutes, as affected by 2015 Wisconsin Act
455
, is amended to read:
AB514,59,135 301.12 (14) (e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4. or (4g)
6(a)
, 938.357 (5m) (a), or 938.363 (2) for support determined under this subsection
7constitutes an assignment of all commissions, earnings, salaries, wages, pension
8benefits, income continuation insurance benefits under s. 40.62, duty disability
9benefits under s. 40.65, benefits under ch. 102 or 108, and other money due or to be
10due in the future to the county department under s. 46.215, 46.22, or 46.23 in the
11county where the order was entered or to the department, depending upon the
12placement of the child as specified by rules promulgated under subd. 5. The
13assignment shall be for an amount sufficient to ensure payment under the order.
AB514,98 14Section 98. 301.12 (14) (g) of the statutes is amended to read:
AB514,59,2215 301.12 (14) (g) For purposes of determining child support under par. (b), the
16department shall promulgate rules related to the application of the standard
17established by the department of children and families under s. 49.22 (9) to a child
18support obligation for the care and maintenance of a child who is placed by a court
19order under s. 938.183, 938.32, 938.355, or 938.357 in a residential, nonmedical
20facility. The rules shall take into account the needs of any person, including
21dependent children other than the child, whom either parent is legally obligated to
22support.
AB514,99 23Section 99. 757.69 (1) (g) 6. of the statutes is amended to read:
AB514,59,2524 757.69 (1) (g) 6. Enter into consent decrees or amended consent decrees under
25s. 48.32 or 938.32
.
AB514,100
1Section 100. 757.69 (1) (g) 8. of the statutes is amended to read:
AB514,60,32 757.69 (1) (g) 8. Conduct hearings under s. 48.21 or, 48.217, 938.21, or 938.217
3and thereafter order a child or juvenile held in or released from custody.
AB514,101 4Section 101. 757.69 (1) (g) 9. of the statutes is amended to read:
AB514,60,75 757.69 (1) (g) 9. Conduct hearings under s. 48.213 or 48.217 and thereafter
6order an adult expectant mother of an unborn child to be held in or released from
7custody.
AB514,102 8Section 102. 757.69 (1) (g) 15. of the statutes is created to read:
AB514,60,109 757.69 (1) (g) 15. Conduct emergency in-home to out-of-home changes in
10placement hearings under s. 48.357 (2) (b) or 938.357 (2) (b).
AB514,103 11Section 103. 757.69 (1m) (d) of the statutes is amended to read:
AB514,60,1612 757.69 (1m) (d) Make changes in placements of children, of juveniles, or of the
13expectant mothers of unborn children, or revisions or extensions of dispositional
14orders, except pursuant to petitions or citations under s. 938.125 and, in uncontested
15proceedings under s. 48.13, 48.133, 938.12, or 938.13, or as permitted under sub. (1)
16(g) 6., 8., 9., and 15
.
AB514,104 17Section 104. 767.001 (1) (i) of the statutes is amended to read:
AB514,60,2018 767.001 (1) (i) To enforce or modify a judgment or order in an action affecting
19the family granted in this state or elsewhere or an order granted under s. 48.355 (4g)
20(a) or 938.355 (4g) (a)
.
AB514,105 21Section 105. 767.001 (1) (m) of the statutes is amended to read:
AB514,60,2422 767.001 (1) (m) To enforce or revise an order for support entered under s. 48.355
23(2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g)
24(a)
, 938.357 (5m) (a), or 938.363 (2).
AB514,106 25Section 106. 767.59 (1) of the statutes is amended to read:
AB514,61,6
1767.59 (1) Definition. In this section, "support or maintenance order" means
2a judgment or order providing for child support under this chapter or s. 48.355 (2)
3(b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a),
4938.357 (5m) (a), 938.363 (2), or 948.22 (7), for maintenance payments under s.
5767.56, for family support payments under this chapter, or for the appointment of
6trustees or receivers under s. 767.57 (5).
AB514,107 7Section 107. 767.59 (2) (c) of the statutes is amended to read:
AB514,61,128 767.59 (2) (c) If the court revises a judgment or order providing for child support
9that was entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2),
10938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2), the court
11shall determine child support in the manner provided in s. 49.345 (14) or 301.12 (14),
12whichever is applicable.
AB514,108 13Section 108. 767.77 (1) of the statutes is amended to read:
AB514,61,2214 767.77 (1) Definition. In this section, "payment obligation" means an
15obligation to pay support under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363
16(2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2), support
17or maintenance under s. 767.501, child support, family support, or maintenance
18under s. 767.225, child support under s. 767.511, maintenance under s. 767.56,
19family support under s. 767.531, attorney fees under s. 767.241, child support or a
20child's health care expenses under s. 767.85, paternity obligations under s. 767.805
21(4), 767.863 (3), or 767.89, support arrearages under s. 767.71, or child or spousal
22support under s. 948.22 (7).
AB514,109 23Section 109. 767.78 (1) of the statutes is amended to read:
AB514,62,324 767.78 (1) Definition. In this section, "financial obligation" means an
25obligation for payment incurred under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a),

148.363 (2), 767.225, 767.241, 767.511, 767.531, 767.56, 767.61, 767.71, 767.805 (4),
2767.85, 767.863 (3), 767.89, 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a),
3or 938.363 (2).
AB514,110 4Section 110. 780.01 (5) of the statutes is amended to read:
AB514,62,85 780.01 (5) For all arrearages owed by the owner in child support ordered under
6s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b)
74. or (4g) (a), 938.357 (5m) (a), 938.363 (2), or 948.22 (7) or ch. 767 or 769 or in family
8support ordered under ch. 767.
AB514,111 9Section 111. 893.415 (2) of the statutes is amended to read:
AB514,62,1610 893.415 (2) An action to collect child or family support owed under a judgment
11or order entered under ch. 767, or to collect child support owed under a judgment or
12order entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183
13(4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), 938.363 (2), or 948.22 (7), shall be
14commenced within 20 years after the youngest child for whom the support was
15ordered under the judgment or order reaches the age of 18 or, if the child is enrolled
16full-time in high school or its equivalent, reaches the age of 19.
AB514,112 17Section 112. 938.028 (2) (c) of the statutes is amended to read:
AB514,62,2518 938.028 (2) (c) "Out-of-home care placement" means the removal of an Indian
19juvenile from the home of his or her parent or Indian custodian for temporary
20placement in a foster home, group home, residential care center for children and
21youth, or shelter care facility, in the home of a relative other than a parent, or in the
22home of a guardian, from which placement the parent or Indian custodian cannot
23have the juvenile returned upon demand. "Out-of-home care placement" does not
24include an emergency change in placement under s. 938.357 (2) (b) or holding an
25Indian juvenile in custody under ss. 938.19 to 938.21.
AB514,113
1Section 113. 938.185 (2) of the statutes is amended to read:
AB514,63,102 938.185 (2) Revision and extension of orders Juvenile subject to
3dispositional order
. Venue for any proceeding under s. 938.357, 938.363, or 938.365
4shall be in the county where the dispositional order was issued, unless the juvenile's
5county of residence has changed, or the parent of the juvenile has resided in a
6different county of this state for at least 6 months. In either case, the court may, upon
7a motion and for good cause shown, transfer
prior to the proceeding the court of that
8county determined that proper venue for the proceeding lies in another county and
9transferred
the case, along with all appropriate records, to the that other county of
10residence of the juvenile or parent
.
AB514,114 11Section 114. 938.21 (5m) of the statutes is created to read:
AB514,63,1512 938.21 (5m) Effective period of order. An order to hold a juvenile in custody
13remains in effect until a dispositional order is granted or a consent decree is entered
14into, the petition under s. 938.25 is withdrawn or dismissed, or the order is modified
15or terminated by further order of the court.
AB514,115 16Section 115. 938.217 of the statutes is created to read:
AB514,63,24 17938.217 Change in placement; juvenile held in custody. (1) Request by
18intake worker, agency responsible for custody order, or prosecutor.
(a)
19Applicable procedures. 1. Except as provided in subd. 2., the intake worker, the
20agency primarily responsible for providing services under a temporary physical
21custody order under s. 938.21 (4), or the district attorney or corporation counsel may
22request a change in the placement of the juvenile who is the subject of the order as
23provided in this subsection, whether or not the change requested is authorized in the
24order.
AB514,64,2
12. A change in the placement of a juvenile from a placement in the home to a
2placement outside the home may only be made as provided in s. 938.21 (6).
AB514,64,93 (b) Notice; information required. 1. The intake worker, the agency primarily
4responsible for providing services under a temporary physical custody order, or the
5district attorney or corporation counsel may request a change in placement under
6this subsection by causing written notice of the proposed change in placement to be
7sent to the juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian,
8and legal custodian or Indian custodian of the juvenile, and any foster parent or other
9physical custodian described in s. 48.62 (2) of the juvenile.
AB514,64,1310 2. The notice shall contain the name and address of the new placement, the
11reasons for the change in placement, and a statement describing why the new
12placement is preferable to the present placement. The person sending the notice
13shall file the notice with the court on the same day that the notice is sent.
AB514,65,214 (c) Hearing; when required. Any person receiving the notice under par. (b) may
15obtain a hearing on the matter by filing an objection with the court within 10 days
16after the notice is sent to that person and filed with the court. Except as provided
17in par. (d), if an objection is filed within 10 days after that notice is sent and filed with
18the court, the court shall hold a hearing prior to ordering any change in placement.
19At least 3 days before the hearing, the court shall provide notice of the hearing to all
20persons who are required to receive notice under par. (b). If all parties consent, the
21court may proceed immediately with the hearing. Except as provided in par. (d), if
22no objection is filed within 10 days after that notice is sent and filed with the court,
23the court shall enter an order changing the juvenile's placement as proposed in that
24notice. Except as provided in par. (d), placements may not be changed until 10 days
25after that notice is sent and filed with the court unless written waivers of objection

1are signed by the parent, guardian, legal custodian, or Indian custodian of the
2juvenile and the juvenile, if 12 years of age or over.
AB514,65,83 (d) When hearing not required. Changes in placement that were authorized in
4the temporary physical custody order may be made immediately if notice is given as
5required under par. (b). A hearing is not required for changes in placement
6authorized in the temporary physical custody order except when an objection filed
7by a person who received notice alleges that new information is available that affects
8the advisability of the order.
AB514,65,129 (e) Contents of order. If the court changes a juvenile's placement from a
10placement outside the home to another placement outside the home, the
11change-in-placement order shall contain the applicable order under sub. (2v) (a),
12the applicable statement under sub. (2v) (b), and the finding under sub. (2v) (c).
AB514,65,24 13(2) Emergency change in placement. If emergency conditions necessitate an
14immediate change in the placement of a juvenile placed outside the home under a
15temporary physical custody order under s. 938.21 (4), the intake worker or agency
16primarily responsible for providing services under the temporary physical custody
17order may remove the juvenile to a new placement, whether or not authorized by the
18existing order, without the prior notice under sub. (1) (b). Notice of the emergency
19change in placement shall be sent to the persons specified in sub. (1) (b) 1. within 48
20hours after the emergency change in placement. Any party receiving notice may
21demand a hearing under sub. (1) (c). In emergency situations, a juvenile may be
22placed in a licensed public or private shelter care facility as a transitional placement
23for not more than 20 days or in any other placement authorized under s. 938.207,
24938.208, or 938.209.
AB514,66,8
1(2m) Request by others. (a) Request; information required. 1. Except as
2provided in subd. 2., the juvenile, the juvenile's counsel or guardian ad litem, or the
3parent, guardian, legal custodian, or Indian custodian of the juvenile may request
4a change in the placement of the juvenile who is the subject of the order as provided
5in this subsection. The request shall contain the name and address of the new
6placement requested and shall state what new information is available that affects
7the advisability of the current placement. The request shall be submitted to the
8court. The court may also propose a change in placement on its own motion.
AB514,66,109 2. A change in the placement of a juvenile from a placement in the home to a
10placement outside the home may only be made as provided in s. 938.21 (6).
AB514,66,1611 (b) Hearing; when required. 1. The court shall hold a hearing prior to ordering
12any change in placement requested or proposed under par. (a) if the request or
13proposal states that new information is available that affects the advisability of the
14current placement. A hearing is not required if written waivers of objection to the
15proposed change in placement are signed by all persons entitled to receive notice
16under subd. 2. and the court approves.
AB514,66,2417 2. If a hearing is scheduled, at least 3 days before the hearing the court shall
18notify the juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian,
19and legal custodian or Indian custodian of the juvenile, the agency primarily
20responsible for providing services under the temporary physical custody order, the
21district attorney or corporation counsel, and any foster parent or other physical
22custodian described in s. 48.62 (2) of the juvenile. A copy of the request or proposal
23for the change in placement shall be attached to the notice. If all parties consent, the
24court may proceed immediately with the hearing.
AB514,67,4
1(c) Contents of order. If the court changes the juveniles placement from a
2placement outside the home to another placement outside the home, the
3change-in-placement order shall contain the applicable order under sub. (2v) (a),
4the applicable statement under sub. (2v) (b), and the finding under sub. (2v) (c).
AB514,67,15 5(2r) Removal from foster home or other physical custodian. If a hearing is
6held under sub. (1) (c) or (2m) (b) and the change in placement would remove a
7juvenile from a foster home or other placement with a physical custodian described
8in s. 48.62 (2), the court shall give the foster parent or other physical custodian a right
9to be heard at the hearing by permitting the foster parent or other physical custodian
10to make a written or oral statement during the hearing or to submit a written
11statement prior to the hearing relating to the juvenile and the requested change in
12placement. A foster parent or other physical custodian described in s. 48.62 (2) who
13receives notice of a hearing under sub. (1) (c) or (2m) (b) and a right to be heard under
14this subsection does not become a party to the proceeding on which the hearing is
15held solely on the basis of receiving that notice and right to be heard.
AB514,67,17 16(2v) Change-in-placement order. A change-in-placement order under sub.
17(1) or (2m) shall contain all of the following:
AB514,67,2318 (a) If the change-in-placement order changes the placement of a juvenile who
19is under the supervision of the county department to a placement outside the home,
20an order ordering the juvenile to be continued in the placement and care
21responsibility of the county department as required under 42 USC 672 (a) (2) and
22assigning the county department continued primary responsibility for providing
23services to the juvenile.
AB514,68,624 (b) If the change-in-placement order changes the placement of the juvenile to
25a placement outside the home recommended by the agency primarily responsible for

1providing services under the temporary physical custody order, a statement that the
2court approves the placement recommended by that agency or, if the
3change-in-placement order changes the placement of the juvenile to a placement
4outside the home that is not a placement recommended by that agency, a statement
5that the court has given bona fide consideration to the recommendations made by
6that agency and all parties relating to the juvenile's placement.
AB514,68,207 (c) If the change-in-placement order changes the placement of the juvenile to
8a placement outside the home and if the juvenile has one or more siblings, as defined
9in s. 938.38 (4) (br) 1., who have been placed outside the home or for whom a change
10in placement to a placement outside the home is requested, a finding as to whether
11the intake worker, the county department, or the agency primarily responsible for
12providing services under the temporary physical custody order has made reasonable
13efforts to place the juvenile in a placement that enables the sibling group to remain
14together, unless the court determines that a joint placement would be contrary to the
15safety or well-being of the juvenile or any of those siblings, in which case the court
16shall order the intake worker, county department, or agency to make reasonable
17efforts to provide for frequent visitation or other ongoing interaction between the
18juvenile and the siblings, unless the court determines that such visitation or
19interaction would be contrary to the safety or well-being of the juvenile or any of
20those siblings.
AB514,68,25 21(3) Prohibited placement based on homicide of parent. (a) Prohibition.
22Except as provided in par. (c), the court may not change a juvenile's placement to a
23placement in the home of a person who has been convicted of the homicide of a parent
24of the juvenile under s. 940.01 or 940.05, if the conviction has not been reversed, set
25aside, or vacated.
AB514,69,9
1(b) Change in placement required. Except as provided in par. (c), if a parent in
2whose home a juvenile is placed is convicted of the homicide of the juvenile's other
3parent under s. 940.01 or 940.05, and the conviction has not been reversed, set aside,
4or vacated, the court shall change the juvenile's placement to a placement outside the
5home of the parent on petition of the juvenile, the juvenile's counsel or guardian ad
6litem, the guardian or legal custodian of the juvenile, the agency primarily
7responsible for providing services under the temporary physical custody order, or the
8district attorney or corporation counsel of the county in which that order was
9entered, or on the court's own motion, and on notice to the parent.
AB514,69,1310 (c) Exception. Paragraphs (a) and (b) do not apply if the court determines by
11clear and convincing evidence that the placement would be in the best interests of
12the juvenile. The court shall consider the wishes of the juvenile in making that
13determination.
AB514,69,17 14(5) Effective period of order. A change-in-placement order under this
15section remains in effect until a dispositional order is granted or a consent decree is
16entered into, the petition under s. 938.25 is withdrawn or dismissed, or the order is
17modified or terminated by further order of the court.
AB514,116 18Section 116. 938.235 (1) (e) of the statutes is amended to read:
AB514,70,219 938.235 (1) (e) The court shall appoint a guardian ad litem, or extend the
20appointment of a guardian ad litem previously appointed under par. (a), for any
21juvenile alleged or found to be in need of protection or services, if the court has
22ordered, or if a request or recommendation has been made that the court order, the
23juvenile to be placed out of his or her home under s. 938.32, 938.345, or 938.357. This
24paragraph does not apply to a juvenile who is subject to a dispositional order that

1terminates as provided in s. 938.355 (4) (am) 4., 938.357 (6) (a) 4., or 938.365 (5) (b)
24.
AB514,117 3Section 117. 938.255 (1) (cg) of the statutes is created to read:
AB514,70,54 938.255 (1) (cg) If the petition is initiating proceedings under s. 938.13 (4), (6),
5(6m), or (7), the information required under s. 822.29 (1).
AB514,118 6Section 118. 938.299 (6) (e) 5. of the statutes is amended to read:
AB514,70,97 938.299 (6) (e) 5. A determination by the court under subd. 4. is not a
8determination of paternity under s. 938.355 (4g) (a),
a judgment of paternity under
9ch. 767, or an adjudication of paternity under subch. VIII of ch. 48.
AB514,119 10Section 119. 938.30 (6) (b) of the statutes, as affected by 2015 Wisconsin Act
1155
, is amended to read:
AB514,70,2212 938.30 (6) (b) If it appears to the court that disposition of the case may include
13placement of the juvenile outside the juvenile's home, the court shall order the
14juvenile's parent to provide a statement of the income, assets, debts, and living
15expenses of the juvenile and the juvenile's parent to the court or the designated
16agency under s. 938.33 (1) at least 5 days before the scheduled date of the
17dispositional hearing or as otherwise ordered by the court. The clerk of court shall
18provide, without charge, to any parent ordered to provide that statement a document
19setting forth the percentage standard established by the department of children and
20families
under s. 49.22 (9) and the manner of its application established by the
21department of corrections under s. 301.12 (14) (g)
and listing the factors that a court
22may consider
under s. 301.12 (14) (c).
AB514,120 23Section 120. 938.31 (7) (b) of the statutes, as affected by 2015 Wisconsin Act
2455
, is amended to read:
AB514,71,11
1938.31 (7) (b) If it appears to the court that disposition of the case may include
2placement of the juvenile outside the juvenile's home, the court shall order the
3juvenile's parent to provide a statement of the income, assets, debts, and living
4expenses of the juvenile and the juvenile's parent, to the court or the designated
5agency under s. 938.33 (1) at least 5 days before the scheduled date of the
6dispositional hearing or as otherwise ordered by the court. The clerk of court shall
7provide, without charge, to any parent ordered to provide the statement a document
8setting forth the percentage standard established by the department of children and
9families
under s. 49.22 (9) and the manner of its application established by the
10department of corrections under s. 301.12 (14) (g)
and listing the factors that a court
11may consider
under s. 301.12 (14) (c).
AB514,121 12Section 121. 938.315 (2m) (a) of the statutes is amended to read:
AB514,71,2013 938.315 (2m) (a) The court making an initial finding under s. 938.21 (5) (b) 1.
14or 1m., 938.32 (1) (c) 1., 938.355 (2) (b) 6., or 938.357 (2v) (a) 1. that reasonable efforts
15have been made to prevent the removal of the juvenile from the home, while assuring
16that the juvenile's health and safety are the paramount concerns, or an initial finding
17under s. 938.21 (5) (b) 3., 938.32 (1) (c) 2., 938.355 (2) (b) 6r., or 938.357 (2v) (a) 3. that
18those efforts were not required to be made because a circumstance specified in s.
19938.355 (2d) (b) 1. to 4. applies, more than 60 days after the date on which the juvenile
20was removed from the home.
AB514,122 21Section 122. 938.32 (1) (bm) of the statutes is created to read:
AB514,72,822 938.32 (1) (bm) Using the procedures specified in par. (a) for the entry of an
23original consent decree, the parties to a consent decree may agree to, and the court
24may enter, an amended consent decree. An amended consent decree may change the
25placement of the juvenile who is the subject of the original consent decree or revise

1any other term or condition of the original consent decree. An amended consent
2decree that changes the placement of a juvenile from a placement in the juvenile's
3home to a placement outside the juvenile's home shall include the findings, orders,
4and determinations specified in par. (c), as applicable. An amended consent decree
5that changes the placement of an Indian juvenile from a placement in the Indian
6juvenile's home to a placement outside the Indian juvenile's home shall include the
7findings specified in par. (e). An amended consent decree may not extend the
8expiration date of the original consent decree.
AB514,123 9Section 123. 938.32 (1) (c) 1. (intro.) of the statutes is amended to read:
AB514,72,1610 938.32 (1) (c) 1. (intro.) If at the time the consent decree is entered into the
11juvenile is placed outside the home under a voluntary agreement under s. 48.63 or
12is otherwise living outside the home without a court order and if the consent decree
13maintains the juvenile in that placement or other living arrangement, or if an
14amended consent decree changes the placement of the juvenile from a placement in
15the juvenile's home to a placement outside the juvenile's home,
the consent decree
16shall include all of the following:
AB514,124 17Section 124. 938.32 (1) (e) 1. of the statutes is amended to read:
AB514,73,1118 938.32 (1) (e) 1. In the case of an Indian juvenile who is the subject of a
19proceeding under s. 938.13 (4), (6), (6m), or (7), if at the time the consent decree is
20entered into the Indian juvenile is placed outside the home of his or her parent or
21Indian custodian under a voluntary agreement under s. 48.63 or is otherwise living
22outside that home without a court order and if the consent decree maintains the
23Indian juvenile in that placement or other living arrangement, or if an amended
24consent decree changes the placement of the Indian juvenile from a placement in the
25Indian juvenile's home to a placement outside the Indian juvenile's home,
the

1consent decree shall include a finding supported by clear and convincing evidence,
2including the testimony of one or more qualified expert witnesses, that continued
3custody of the Indian juvenile by the parent or Indian custodian is likely to result in
4serious emotional or physical damage to the child under s. 938.028 (4) (d) 1. and a
5finding that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the
6breakup of the Indian juvenile's family and that those efforts have proved
7unsuccessful. The findings under this subdivision shall be in addition to the findings
8under par. (c) 1., except that for the sole purpose of determining whether the cost of
9providing care for an Indian juvenile is eligible for reimbursement under 42 USC 670
10to 679b, the findings under this subdivision and the findings under par. (c) 1. shall
11be considered to be the same findings.
AB514,125 12Section 125. 938.355 (2e) (b) of the statutes is amended to read:
AB514,73,1813 938.355 (2e) (b) Each time a juvenile's placement is changed under s. 938.32
14or
938.357, a trial reunification is ordered under s. 938.358, a consent decree is
15revised under s. 938.32,
or a dispositional order is revised under s. 938.363 or
16extended under s. 938.365, the agency that prepared the permanency plan shall
17revise the plan to conform to the order and shall file a copy of the revised plan with
18the court. Each plan filed shall be made a part of the court order.
AB514,126 19Section 126. 938.355 (4g) of the statutes is created to read:
AB514,74,420 938.355 (4g) Termination of orders; case closure orders. (a) On request of
21a person authorized to file a petition under par. (b) or on its own motion and on a
22finding that granting the request or motion would be in the best interests of the
23juvenile, the court may terminate an order under this section or s. 938.357 or 938.365
24before the juvenile attains 18 years of age and grant an order determining paternity
25of the juvenile, legal custody of the juvenile, periods of physical placement with the

1juvenile, visitation rights with respect to the juvenile, or the obligation of the
2juvenile's parents to provide support for the juvenile and the responsibility of the
3juvenile's parents to provide coverage of the juvenile's health care expenses if any of
4the following apply:
AB514,74,105 1. The juvenile's parents are parties to a pending action for divorce, annulment,
6or legal separation, a man determined under s. 938.299 (6) (e) 4. to be the biological
7father of the juvenile for purposes of a proceeding under this chapter is a party to a
8pending action to determine paternity of the juvenile under ch. 767, or the juvenile
9is the subject of a pending independent action under s. 767.41 or 767.43 to determine
10legal custody of the juvenile or visitation rights with respect to the juvenile.
AB514,74,1611 2. The juvenile is the subject of an order that has been granted in an action
12affecting the family determining legal custody of the juvenile, periods of physical
13placement with the juvenile, visitation rights with respect to the juvenile, or the
14obligation of the juvenile's parents to provide support for the juvenile and the
15responsibility of the juvenile's parents to provide coverage of the juvenile's health
16care expenses.
AB514,74,2117 (b) The juvenile or his or her counsel or guardian ad litem, the juvenile's parent,
18guardian, legal custodian, or Indian custodian, the person or agency responsible for
19implementing the dispositional order, or the district attorney or corporation counsel
20may file a petition with the court requesting an order under par. (a) or the court, on
21its own motion, may propose such an order.
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