SB387: Bill Text

SB387,144 Section 144. 938.357 (2m) (br) of the statutes is amended to read:

SB387,87,4 938.357 (2m) (br) Indian juvenile; notice. 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 if the proposed change in placement would change the placement of the Indian juvenile from a placement in the home of his or her parent or Indian custodian to a placement outside that home, notice under par. (b) 2. to the Indian juvenile's parent, Indian custodian, and tribe shall be provided in the manner specified in s. 938.028 (4) (a). No Notwithstanding par. (b) 2., no hearing on the request or proposal may be held until at least 10 days after receipt of the notice by the Indian juvenile's parent, Indian custodian, and tribe or, if the identity or location of the Indian juvenile's parent, Indian custodian, or tribe cannot be determined, until at least 15 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.

SB387,145 Section 145. 938.357 (2m) (c) of the statutes is amended to read:

SB387,87,19 938.357 (2m) (c) Findings required. Contents of order. 1. If the court changes the juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the change in placement change-in-placement order shall contain the findings under sub. (2v) (a) 1., the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., the finding under sub. (2v) (a) 2m., and, if in addition the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination under sub. (2v) (a) 3. If the court changes the placement of an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) from a placement in the home of his or her parent or Indian custodian to a placement outside that home, the change in placement change-in-placement order shall, in addition, contain the findings under sub. (2v) (a) 4. and comply with the order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b), unless the court finds good cause, as described in s. 938.028 (6) (d), for departing from that order.

SB387,88,5 2. If the court changes the juvenile's placement from a placement outside the home to another placement outside the home, the change in placement change-in-placement order shall contain the applicable order under sub. (2v) (a) 1m. and, the applicable statement under sub. (2v) (a) 2., and the finding under sub. (2v) (a) 2m. If the court changes the placement of an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) from a placement outside the home of his or her parent or Indian custodian to another placement outside that home, the change in placement change-in-placement order shall, in addition, comply with the order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b), unless the court finds good cause, as described in s. 938.028 (6) (d), for departing from the order.

SB387,146 Section 146. 938.357 (2r) of the statutes is amended to read:

SB387,88,17 938.357 (2r) Removal from foster home or physical custodian. If a hearing is held under sub. (1) (am) 2. or (2m) (b) 1. and the change in placement would remove a juvenile from a foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent or other physical custodian a right to be heard at the hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested change in placement. A foster parent or other physical custodian who receives notice of a hearing under sub. (1) (am) 1. or (2m) (b) 2. and a right to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

SB387,147 Section 147. 938.357 (2v) (a) 1. of the statutes is amended to read:

SB387,89,2 938.357 (2v) (a) 1. If the court changes the juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile and, unless a circumstance under s. 938.355 (2d) (b) 1. to 4. applies, a finding that the county department or the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns.

SB387,148 Section 148. 938.357 (2v) (a) 2. of the statutes is amended to read:

SB387,89,15 938.357 (2v) (a) 2. If the change in placement change-in-placement order would change changes the placement of the juvenile to a placement outside the home recommended by the person or agency primarily responsible for implementing the dispositional order, whether from a placement in the home or from another placement outside the home, a statement that the court approves the placement recommended by the person or agency. If or, if the change in placement change-in-placement order would change changes the placement of the juvenile to a placement outside the home that is not a placement recommended by that person or agency, whether from a placement in the home or from another placement outside the home, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the juvenile's placement.

SB387,149 Section 149. 938.357 (2v) (a) 2m. of the statutes is amended to read:

SB387,90,4 938.357 (2v) (a) 2m. If the change-in-placement order changes the placement of the juvenile to a placement outside the home and if the juvenile has one or more siblings, as defined in s. 938.38 (4) (br) 1., who have been placed outside the home or for whom a change in placement to a placement outside the home is requested, a finding as to whether the county department or the agency primarily responsible for implementing the dispositional order has made reasonable efforts to place the juvenile in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the court shall order the county department or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the juvenile and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings.

SB387,150 Section 150. 938.357 (2v) (c) (title) of the statutes is amended to read:

SB387,90,7 938.357 (2v) (c) (title) Permanency Reasonable efforts not required; permanency hearing.

SB387,151 Section 151. 938.357 (2v) (d) (title) of the statutes is created to read:

SB387,90,9 938.357 (2v) (d) (title) Search for relatives.

SB387,152 Section 152. 938.357 (4d) (a) (title) of the statutes is created to read:

SB387,90,11 938.357 (4d) (a) (title) Prohibition.

SB387,153 Section 153. 938.357 (4d) (am) of the statutes is amended to read:

SB387,90,22 938.357 (4d) (am) Change in placement required. Except as provided in par. (b), if a parent in whose home a juvenile is placed is convicted of the homicide of the juvenile's other parent under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated, the court shall change the juvenile's placement to a placement out of outside the home of the parent on petition of the juvenile, the juvenile's counsel or guardian ad litem, the guardian or legal custodian of the juvenile, a the person or agency bound by primarily responsible for implementing the dispositional order, or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion with notice to the parent.

SB387,154 Section 154. 938.357 (4d) (b) (title) of the statutes is created to read:

SB387,90,24 938.357 (4d) (b) (title) Exception.

SB387,155 Section 155. 938.357 (5m) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB387,91,14 938.357 (5m) (a) If a proposed change in placement would change a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 (9) and the manner of its application established by the department of corrections under s. 301.12 (14) (g) and listing the factors under s. 301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 301.12 (14).

SB387,156 Section 156. 938.357 (6) (a) (intro.) of the statutes is amended to read:

SB387,91,22 938.357 (6) (a) (intro.) No change in placement may extend the expiration date of the original dispositional order, except that if the change in placement is from a placement in the juvenile's home to a placement in a foster home, group home, or residential care center for children and youth, in the home of a relative who is not a parent, or in a supervised independent living arrangement, the court may extend the expiration date of the original dispositional order to the latest of the following dates, unless the court specifies a shorter period:

SB387,157 Section 157. 938.357 (6) (a) 2. of the statutes is amended to read:

SB387,91,25 938.357 (6) (a) 2. The date that is one year after the date on which the change in placement change-in-placement order is granted.

SB387,158 Section 158. 938.357 (6) (b) of the statutes is amended to read:

SB387,92,9 938.357 (6) (b) If the change in placement is from a placement in a foster home, group home, or residential care center for children and youth or in the home of a relative to a placement in the juvenile's home and if the expiration date of the original dispositional order is more than one year after the date on which the change in placement change-in-placement order is granted, the court shall shorten the expiration date of the original dispositional order to the date that is one year after the date on which the change in placement change-in-placement order is granted or to an earlier date as specified by the court.

SB387,159 Section 159. 938.358 (2) (a) of the statutes is amended to read:

SB387,92,22 938.358 (2) (a) Request or proposal. No trial reunification may occur without a court order. Only the person or agency primarily responsible for implementing the dispositional order may request the court to order a trial reunification. The request shall contain the name and address of the requested trial reunification home, a statement describing why the trial reunification is in the best interests of the juvenile, and a statement describing how the trial reunification satisfies the objectives of the juvenile's permanency plan. A request for a trial reunification may not be made on the sole grounds that an emergency condition necessitates an immediate removal of the juvenile from his or her out-of-home placement. If an emergency condition necessitates such an immediate removal, the person or agency primarily responsible for implementing the dispositional order shall proceed as provided in s. 938.357 (2) (a).

SB387,160 Section 160. 938.36 (1) (a) of the statutes is amended to read:

SB387,93,13 938.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the juvenile by a consent decree under s. 938.32, a disposition made under s. 938.183, 938.34, or 938.345, or by a change in placement under s. 938.357, the duty of the parent or guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the juvenile shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department of corrections, or a county department under s. 46.215, 46.22 or 46.23, shall be determined under s. 301.12 (14). Support payments for residential services, when purchased or otherwise funded by the department of health services, or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10 (14).

SB387,161 Section 161. 938.363 (1) (c) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB387,93,25 938.363 (1) (c) If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 (9) and the manner of its application established by the department of corrections under s. 301.12 (14) (g) and listing the factors that a court may consider under s. 301.12 (14) (c).

SB387,162 Section 162. 938.38 (4m) (title) of the statutes is amended to read:

SB387,94,3 938.38 (4m) (title) Reasonable efforts not required; permanency determination hearing.

SB387,163 Section 163. Initial applicability.

SB387,94,8 (1) Changes in placement, revisions, and extensions. Except as provided in subsection (2), this act first applies to a change in placement or a revision or extension of a dispositional order requested, or to an emergency change in placement made, on the effective date of this subsection.

SB387,94,12 (2) Effective period of temporary physical custody order. The treatment of sections 48.21 (5m), 48.213 (4m), and 938.21 (5m) of the statutes first applies to a temporary physical custody order that is in effect on the effective date of this subsection.

SB387,164 Section 164. Effective date.

SB387,94,15 (1) This act takes effect on the first day of the 6th month beginning after publication.

SB387,94,16 (End)