SB387,64,93 (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.
SB387,64,1310 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.
SB387,65,214 (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.
SB387,65,83 (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.
SB387,65,129 (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).
SB387,65,24 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.
SB387,66,8
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.
SB387,66,109 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).
SB387,66,1611 (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.
SB387,66,2417 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.
SB387,67,4
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).
SB387,67,15 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.
SB387,67,17 16(2v) Change-in-placement order. A change-in-placement order under sub.
17(1) or (2m) shall contain all of the following:
SB387,67,2318 (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.
SB387,68,624 (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.
SB387,68,207 (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.
SB387,68,25 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.
SB387,69,9
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.
SB387,69,1310 (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.
SB387,69,17 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.
SB387,116 18Section 116. 938.235 (1) (e) of the statutes is amended to read:
SB387,70,219 938.235 (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.
SB387,117 3Section 117. 938.255 (1) (cg) of the statutes is created to read:
SB387,70,54 938.255 (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).
SB387,118 6Section 118. 938.299 (6) (e) 5. of the statutes is amended to read:
SB387,70,97 938.299 (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.
SB387,119 10Section 119. 938.30 (6) (b) of the statutes, as affected by 2015 Wisconsin Act
1155
, is amended to read:
SB387,70,2212 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).
SB387,120 23Section 120. 938.31 (7) (b) of the statutes, as affected by 2015 Wisconsin Act
2455
, is amended to read:
SB387,71,11
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).
SB387,121 12Section 121. 938.315 (2m) (a) of the statutes is amended to read:
SB387,71,2013 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.
SB387,122 21Section 122. 938.32 (1) (bm) of the statutes is created to read:
SB387,72,822 938.32 (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.
SB387,123 9Section 123. 938.32 (1) (c) 1. (intro.) of the statutes is amended to read:
SB387,72,1610 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:
SB387,124 17Section 124. 938.32 (1) (e) 1. of the statutes is amended to read:
SB387,73,1118 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.
SB387,125 12Section 125. 938.355 (2e) (b) of the statutes is amended to read:
SB387,73,1813 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.
SB387,126 19Section 126. 938.355 (4g) of the statutes is created to read:
SB387,74,420 938.355 (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:
SB387,74,105 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.
SB387,74,1611 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.
SB387,74,2117 (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.
SB387,75,322 (c) The court shall hold a hearing before granting an order requested or
23proposed under par. (b). At least 5 days before the hearing, the court shall cause
24notice of the hearing, together with a copy of the request or proposal, to be provided
25to the juvenile, the juvenile's counsel or guardian ad litem, the juvenile's parent,

1guardian, and legal custodian, the person or agency primarily responsible for
2implementing the dispositional order, the district attorney or corporation counsel,
3and, if the juvenile is an Indian juvenile, the juvenile's Indian custodian and tribe.
SB387,75,54 (d) In considering whether to grant a request or proposal for an order under par.
5(a), the court shall proceed as follows:
SB387,75,86 1. If the request or proposal is for an order determining paternity of the
7juvenile, the court shall determine paternity in the same manner as paternity is
8determined under subch. IX of ch. 767.
SB387,75,219 2. If the request or proposal is for an order determining legal custody of the
10juvenile and periods of physical placement with the juvenile, the court shall
11determine legal custody and periods of physical placement in the same manner as
12legal custody and periods of physical placement are determined under s. 767.41 and
13767.481 and, if the juvenile is the subject of a preexisting order that has been entered
14in an action affecting the family determining legal custody of the juvenile or periods
15of physical placement with the juvenile, in the same manner as legal custody and
16periods of physical placement are determined under ss. 767.451 and 767.461, except
17that the court is not required to refer the parties for mediation under s. 767.405 (5)
18or refer the matter for a legal custody and physical placement study under s. 767.405
19(14), the parties are not required to file a parenting plan under s. 767.41 (1m), and
20the court may not transfer legal custody of the juvenile to a relative or an agency
21under s. 767.41 (3).
SB387,75,2422 3. If the request or proposal is for an order determining visitation rights with
23respect to the juvenile, the court shall determine those rights in the same manner
24as visitation rights are determined under ss. 767.43 and 767.44.
SB387,76,6
14. If the request or proposal is for an order determining 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, the court
4shall determine that obligation and responsibility in the same manner as that
5obligation and responsibility are determined under ss. 767.511, 767.513, 767.54,
6767.55, 767.57, and 767.58.
SB387,76,97 (e) An order under par. (a) may modify a preexisting order of a court exercising
8jurisdiction in an action affecting the family and shall remain in effect until modified
9or terminated by a court exercising that jurisdiction.
SB387,76,1910 (f) If at the time an order under par. (a) is granted an action described in par.
11(a) 1. is pending or if at that time the juvenile is the subject of a preexisting order
12described in par. (a) 2., the court that granted the order under par. (a) shall file a copy
13of the order with the court that is exercising jurisdiction in that pending action or
14that entered that preexisting order. On receipt of the copy of that order, the court that
15is exercising jurisdiction over the pending action or that granted the preexisting
16order shall provide a copy of that order to all parties to that pending action or to all
17parties that are bound by that preexisting order. The order shall become a part of
18the record of that pending action or the action in which the preexisting order was
19granted.
SB387,76,2420 (g) 1. A person who is granted legal custody and periods of physical placement
21with a juvenile under an order under par. (a) may seek enforcement of the order by
22filing a motion under s. 767.471 (3) with the court in which the order was filed under
23par. (f), and that court shall enforce the order in the same manner as legal custody
24and physical placement orders are enforced under s. 767.471.
SB387,77,6
12. A party to a proceeding under this subsection in which legal custody and
2periods of physical placement with a juvenile are determined under an order under
3par. (a) may seek a modification of the order by filing a petition, motion, order to show
4cause, or stipulation with the court in which the order was filed under par. (f), and
5that court may modify the order in the same manner as legal custody and physical
6placement orders are modified under ss. 767.451, 767.461, and 767.481.
SB387,77,117 (h) 1. A person who is granted visitation rights with respect to a juvenile under
8an order under par. (a) may seek enforcement of the order by filing a motion for
9contempt of court under s. 767.43 (5) with the court in which the order was filed under
10par. (f), and that court shall enforce the order in the same manner as visitation orders
11are enforced under s. 767.43 (5).
SB387,77,1712 2. A party to a proceeding under this subsection in which visitation rights with
13respect to a juvenile are determined under an order under par. (a) may seek a
14modification of the order by filing a petition, motion, or order to show cause with the
15court in which the order was filed under par. (f), and that court may modify the order
16in the same manner as visitation orders are modified under s. 767.43 (1), (3), or (6),
17whichever is applicable.
SB387,77,2518 (i) 1. A party to a proceeding under this subsection in which the obligation to
19provide support for a juvenile and the responsibility to provide health care coverage
20for a juvenile are determined under an order under par. (a) who is authorized to
21commence an action to compel child support under s. 767.501 may seek enforcement
22of the order by filing an action to compel support under s. 767.501 with the court in
23which the order was filed under par. (f), and that court shall enforce the order in the
24same manner as child support and health care coverage orders are enforced under
25ss. 767.511, 767.513, 767.54, 767.55, 767.57, 767.58, and 767.70 to 767.78.
SB387,78,7
12. A party to a proceeding under this subsection in which the obligation to
2provide support for a juvenile and the responsibility to provide health care coverage
3for a juvenile are determined under an order under par. (a) may seek a modification
4of the order by filing a petition, motion, or order to show cause with the court in which
5the order was filed under par. (f), and that court may modify the order in the same
6manner as child support and health care coverage orders are modified under ss.
7767.553 and 767.59.
SB387,127 8Section 127. 938.357 (title) of the statutes is amended to read:
SB387,78,10 9938.357 (title) Change in placement; juvenile subject to dispositional
10order
.
SB387,128 11Section 128. 938.357 (1) (title) of the statutes is amended to read:
SB387,78,1312 938.357 (1) (title) Request by person or agency responsible for dispositional
13order or
district attorney prosecutor.
SB387,129 14Section 129. 938.357 (1) (a) of the statutes is amended to read:
SB387,78,1915 938.357 (1) (a) Applicable procedures. The person or agency primarily
16responsible for implementing the dispositional order or , the district attorney, or the
17corporation counsel
may request a change in the placement of the juvenile who is the
18subject of the dispositional order
, whether or not the change requested is authorized
19in the dispositional order, as provided in par. (am) or (c), whichever is applicable.
SB387,130 20Section 130. 938.357 (1) (am) (title) of the statutes is amended to read:
SB387,78,2121 938.357 (1) (am) (title) From out-of-home Changes in placement generally .
SB387,131 22Section 131. 938.357 (1) (am) 1. of the statutes is amended to read:
SB387,79,1323 938.357 (1) (am) 1. If the proposed change in placement involves any change
24in placement other than a change in placement under
Except as provided in par. (c),
25the person or agency primarily responsible for implementing the dispositional order

1or, the district attorney shall cause, or the corporation counsel may request a change
2in placement under this subsection by causing
written notice of the proposed change
3in placement to be sent to the juvenile, the juvenile's counsel or guardian ad litem,
4the parent, guardian, and legal custodian of the juvenile, and any foster parent or
5other physical custodian described in s. 48.62 (2) of the juvenile. If the juvenile is an
6Indian juvenile who has been removed from the home of his or her parent or Indian
7custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall also be sent to the
8Indian juvenile's Indian custodian and tribe. The notice shall contain the name and
9address of the new placement, the reasons for the change in placement, a statement
10describing why the new placement is preferable to the present placement, and a
11statement of how the new placement satisfies objectives of the treatment plan or
12permanency plan
ordered by the court. The person sending the notice shall file the
13notice with the court on the same day that the notice is sent.
SB387,132 14Section 132. 938.357 (1) (am) 2. of the statutes is amended to read:
SB387,80,715 938.357 (1) (am) 2. Except as provided in subd. 2r., any person receiving the
16notice under subd. 1. or notice of a specific placement under s. 938.355 (2) (b) 2. may
17obtain a hearing on the matter by filing an objection with the court within 10 days
18after receipt of the notice. is sent to that person and filed with the court. Except as
19provided in subds. 2m. and 2r., if an objection is filed within 10 days after that notice
20is sent and filed with the court, the court shall hold a hearing prior to ordering any
21change in placement. At least 3 days before the hearing, the court shall provide
22notice of the hearing to all persons who are required to receive notice under subd. 1.
23or s. 938.355 (2) (b) 2. If all parties consent, the court may proceed immediately with
24the hearing. Except as provided in subds. 2m. and 2r., if no objection is filed within
2510 days after that notice is sent and filed with the court, the court shall enter an order

1changing the juvenile's placement as proposed in that notice.
Except as provided in
2subds. 2m. and 2r., placements may not be changed until 10 days after that notice
3is sent to and filed with the court unless the parent, guardian, legal custodian, or
4Indian custodian, the juvenile, if 12 or more years of age, and the juvenile's tribe, if
5the juvenile is an Indian juvenile who has been removed from the home of his or her
6parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), sign written waivers
7of objection.
SB387,133 8Section 133. 938.357 (1) (am) 2m. of the statutes is amended to read:
SB387,80,149 938.357 (1) (am) 2m. Changes in placement that were authorized in the
10dispositional order may be made immediately if notice is given as required under
11subd. 1. In addition, a A hearing is not required for changes in placement changes
12authorized in the dispositional order except when an objection filed by a person who
13received notice alleges that new information is available that affects the advisability
14of the court's dispositional order.
SB387,134 15Section 134. 938.357 (1) (am) 3. of the statutes is amended to read:
SB387,81,216 938.357 (1) (am) 3. If the court changes the juvenile's placement from a
17placement outside the home to another placement outside the home, the change in
18placement
change-in-placement order shall contain the applicable order under sub.
19(2v) (a) 1m. and, the applicable statement under sub. (2v) (a) 2., and the finding under
20sub. (2v) (a) 2m.
If the court changes the placement of an Indian juvenile who has
21been removed from the home of his or her parent or Indian custodian under s. 938.13
22(4), (6), (6m), or (7) from a placement outside that home to another placement outside
23that home, the change in placement change-in-placement order shall, in addition,
24comply with the order of placement preference under s. 938.028 (6) (a) or, if

1applicable, s. 938.028 (6) (b), unless the court finds good cause, as described in s.
2938.028 (6) (d), for departing from that order.
SB387,135 3Section 135. 938.357 (1) (c) (title) of the statutes is amended to read:
SB387,81,44 938.357 (1) (c) (title) From In-home to out-of-home placement in the home.
SB387,136 5Section 136. 938.357 (1) (c) 1. of the statutes is amended to read:
SB387,81,206 938.357 (1) (c) 1. If the proposed change in placement would change the
7placement of a juvenile placed in the home to a placement outside the home, the
8person or agency primarily responsible for implementing the dispositional order or,
9the district attorney, or the corporation counsel shall submit a request for the change
10in placement to the court. The request shall contain the name and address of the new
11placement, the reasons for the change in placement, a statement describing why the
12new placement is preferable to the present placement, and a statement of how the
13new placement satisfies the objectives of the treatment plan or permanency plan
14ordered by the court. The request shall also contain specific information showing
15that continued placement of the juvenile in his or her home would be contrary to the
16welfare of the juvenile and, unless any of the circumstances under s. 938.355 (2d) (b)
171. to 4. applies, specific information showing that the agency primarily responsible
18for implementing the dispositional order has made reasonable efforts to prevent the
19removal of the juvenile from the home, while assuring that the juvenile's health and
20safety are the paramount concerns.
SB387,137 21Section 137. 938.357 (1) (c) 2. of the statutes is amended to read:
SB387,82,722 938.357 (1) (c) 2. The court shall hold a hearing prior to ordering a change in
23placement requested under subd. 1. At least 3 days prior to before the hearing, the
24court shall provide notice of the hearing, together with a copy of the request for the
25change in placement, to the juvenile, the juvenile's counsel or guardian ad litem, the

1parent, guardian, and legal custodian of the juvenile, all parties that are bound by
2the person or agency primarily responsible for implementing the dispositional order,
3the district attorney or corporation counsel, any foster parent or other physical
4custodian described in s. 48.62 (2),
and, if the juvenile is an Indian juvenile who is
5in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian
6juvenile's Indian custodian and tribe. Subject to subd. 2r., if all parties consent, the
7court may proceed immediately with the hearing.
SB387,138 8Section 138. 938.357 (1) (c) 3. of the statutes is amended to read:
SB387,82,229 938.357 (1) (c) 3. If the court changes the juvenile's placement from a placement
10in the juvenile's home to a placement outside the juvenile's home, the change in
11placement
change-in-placement order shall contain the findings under sub. (2v) (a)
121., the applicable order under sub. (2v) (a) 1m., the applicable statement under sub.
13(2v) (a) 2., the finding under sub. (2v) (a) 2m., and, if in addition the court finds that
14any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a
15parent, the determination under sub. (2v) (a) 3. If the court changes the placement
16of an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6),
17(6m), or (7) from a placement in the home of his or her parent or Indian custodian to
18a placement outside that home, the change in placement change-in-placement order
19shall contain the findings under sub. (2v) (a) 4. and comply with the order of
20placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b),
21unless the court finds good cause, as described in s. 938.028 (6) (d), for departing from
22that order.
SB387,139 23Section 139. 938.357 (2) of the statutes is renumbered 938.357 (2) (a) and
24amended to read:
SB387,83,10
1938.357 (2) (a) Emergency changes in placement generally. If Except as
2provided in par. (b), if
emergency conditions necessitate an immediate change in the
3placement of a juvenile placed outside the home, the person or agency primarily
4responsible for implementing the dispositional order may remove the juvenile to a
5new placement, whether or not authorized by the existing dispositional order,
6without the prior notice under sub. (1) (am) 1. or the consent required under sub. (1)
7(am) 2r. The notice Notice of the emergency change in placement shall be sent to the
8persons specified in sub. (1) (am) 1.
within 48 hours after the emergency change in
9placement. Any party receiving notice may demand a hearing under sub. (1) (am)
102.
SB387,83,14 11(c) Placements permitted in emergency. In emergency situations, a juvenile
12may be placed in a licensed public or private shelter care facility as a transitional
13placement for not more than 20 days or in any placement authorized under s. 938.34
14(3).
SB387,140 15Section 140. 938.357 (2) (b) of the statutes is created to read:
SB387,83,2116 938.357 (2) (b) Emergency in-home to out-of-home placements. 1. If
17emergency conditions necessitate an immediate change in placement of a juvenile
18placed in the home to a placement outside the home, the person or agency primarily
19responsible for implementing the dispositional order may remove the juvenile to a
20new placement, whether or not authorized by the existing dispositional order,
21without first requesting a change in placement under sub. (1) (c) 1.
SB387,84,1022 2. Except as provided in subd. 3., a hearing on an emergency change in
23placement under subd. 1. shall be held within 48 hours after the emergency change
24in placement is made, excluding Saturdays, Sundays, and legal holidays. When a
25juvenile is removed to a new placement under subd. 1., the person or agency that

1removed the juvenile shall immediately notify the court by the most practical means.
2As soon as possible after receiving that notice, the court shall schedule the hearing
3and the person or agency that removed the juvenile, by the most practical means,
4shall provide notice of the hearing to the juvenile, the juvenile's counsel or guardian
5ad litem, the parent, guardian, and legal custodian of the juvenile, the person or
6agency primarily responsible for implementing the dispositional order, the district
7attorney or corporation counsel, any foster parent or other physical custodian
8described in s. 48.62 (2), and, if the juvenile is an Indian juvenile who is in need of
9protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
10custodian and tribe.
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