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.
SB387,84,1511
3. By the time of the hearing under subd. 2., a request for a change in placement
12under sub. (1) (c) 1. shall be filed with the court. The court shall hold a hearing on
13the request as provided in sub. (1) (c) 2., except that, subject to sub. (1) (c) 2r., if all
14parties consent, the court may proceed immediately with the hearing under sub. (1)
15(c) 2. in lieu of the hearing under subd. 2.
SB387,84,2116
4. If the court orders an emergency change in placement under subd. 2., the
17change-in-placement order shall contain the findings under sub. (2v) (a) 1., the
18applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a)
192., the finding under sub. (2v) (a) 2m. and, if in addition the court finds that any of
20the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent,
21the determination under sub. (2v) (a) 3.
SB387,141
22Section
141. 938.357 (2m) (a) of the statutes is amended to read:
SB387,85,1723
938.357
(2m) (a)
Request; information required. Except as provided in par.
24(bv), the juvenile,
the juvenile's counsel or guardian ad litem, the parent, guardian,
25or legal custodian of the juvenile,
any person or agency primarily bound by the
1dispositional order, other than the person or agency responsible for implementing
2the order, or, if the juvenile is an Indian juvenile who is in need of protection or
3services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian
4may request a change in
the placement
under this paragraph of the juvenile as
5provided in this subsection. The request shall contain the name and address of the
6new placement requested and shall state what new information is available that
7affects the advisability of the current placement. If the proposed change in
8placement would change the placement of a juvenile placed in the juvenile's home to
9a placement outside the home, the request shall also contain specific information
10showing that continued placement of the juvenile in the juvenile's home would be
11contrary to the welfare of the juvenile and, unless any of the circumstances under s.
12938.355 (2d) (b) 1. to 4. applies, specific information showing that the agency
13primarily responsible for implementing the dispositional order has made reasonable
14efforts to prevent the removal of the juvenile from the home, while assuring that the
15juvenile's health and safety are the paramount concerns. The request shall be
16submitted to the court. The court may also propose a change in placement on its own
17motion.
SB387,142
18Section
142. 938.357 (2m) (am) (title) of the statutes is amended to read:
SB387,85,1919
938.357
(2m) (am) (title)
Indian juvenile;
additional information required.
SB387,143
20Section
143. 938.357 (2m) (b) of the statutes is renumbered 938.357 (2m) (b)
211. and amended to read:
SB387,86,422
938.357
(2m) (b) 1. The court shall hold a hearing prior to ordering any change
23in placement requested or proposed under par. (a) if the request
or proposal states
24that new information is available that affects the advisability of the current
25placement. Except as provided in par. (bv), a hearing is not required if the requested
1or proposed change in placement does not involve a change in placement of a juvenile
2placed in the juvenile's home to a placement outside the juvenile's home, written
3waivers of objection to the proposed change in placement are signed by all parties
4entitled to receive notice under
this paragraph subd. 2., and the court approves.
SB387,86,15
52. If a hearing is scheduled,
not less than at least 3 days before the hearing the
6court shall notify the juvenile,
the juvenile's counsel or guardian ad litem, the parent,
7guardian, and legal custodian of the juvenile,
the person or agency primarily
8responsible for implementing the dispositional order, the district attorney or
9corporation counsel, any foster parent or other physical custodian described in s.
1048.62 (2) of the juvenile,
all parties who are bound by the dispositional order, and,
11if the juvenile is an Indian juvenile who is in need of protection or services under s.
12938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe. A copy
13of the request or proposal for the change in placement shall be attached to the notice.
14Subject to par. (br), if all
of the parties consent, the court may proceed immediately
15with the hearing.
SB387,144
16Section
144. 938.357 (2m) (br) of the statutes is amended to read:
SB387,87,417
938.357
(2m) (br)
Indian juvenile; notice. If the juvenile is an Indian juvenile
18who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), and if the
19proposed change in placement would change the placement of the Indian juvenile
20from a placement in the home of his or her parent or Indian custodian to a placement
21outside that home, notice under par. (b)
2. to the Indian juvenile's parent, Indian
22custodian, and tribe shall be provided in the manner specified in s. 938.028 (4) (a).
23No Notwithstanding par. (b) 2., no hearing on the request or proposal may be held
24until at least 10 days after receipt of the notice by the Indian juvenile's parent, Indian
25custodian, and tribe or, if the identity or location of the Indian juvenile's parent,
1Indian custodian, or tribe cannot be determined, until at least 15 days after receipt
2of the notice by the U.S. secretary of the interior. On request of the Indian juvenile's
3parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20
4additional days to enable the requester to prepare for the hearing.
SB387,145
5Section
145. 938.357 (2m) (c) of the statutes is amended to read:
SB387,87,196
938.357
(2m) (c)
Findings required. Contents of order. 1. If the court changes
7the juvenile's placement from a placement in the juvenile's home to a placement
8outside the juvenile's home, the
change in placement
change-in-placement order
9shall contain the findings under sub. (2v) (a) 1., the applicable order under sub. (2v)
10(a) 1m., the applicable statement under sub. (2v) (a) 2.,
the finding under sub. (2v)
11(a) 2m., and, if in addition the court finds that any of the circumstances under s.
12938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination under sub.
13(2v) (a) 3. If the court changes the placement of an Indian juvenile who is in need of
14protection or services under s. 938.13 (4), (6), (6m), or (7) from a placement in the
15home of his or her parent or Indian custodian to a placement outside that home, the
16change in placement change-in-placement order shall, in addition, contain the
17findings under sub. (2v) (a) 4. and comply with the order of placement preference
18under s. 938.028 (6) (a) or, if applicable, s. 938.028 (6) (b), unless the court finds good
19cause, as described in s. 938.028 (6) (d), for departing from that order.
SB387,88,520
2. If the court changes the juvenile's placement from a placement outside the
21home to another placement outside the home, the
change in placement 22change-in-placement order shall contain the applicable order under sub. (2v) (a) 1m.
23and, the applicable statement under sub. (2v) (a) 2.
, and the finding under sub. (2v)
24(a) 2m. If the court changes the placement of an Indian juvenile who is in need of
25protection or services under s. 938.13 (4), (6), (6m), or (7) from a placement outside
1the home of his or her parent or Indian custodian to another placement outside that
2home, the
change in placement change-in-placement order shall, in addition,
3comply with the order of placement preference under s. 938.028 (6) (a) or, if
4applicable, s. 938.028 (6) (b), unless the court finds good cause, as described in s.
5938.028 (6) (d), for departing from the order.
SB387,146
6Section
146. 938.357 (2r) of the statutes is amended to read:
SB387,88,177
938.357
(2r) Removal from foster home or physical custodian. If a hearing
8is held under sub. (1) (am) 2. or (2m) (b)
1. and the change in placement would remove
9a juvenile from a foster home or other placement with a physical custodian described
10in s. 48.62 (2), the court shall give the foster parent or other physical custodian a right
11to be heard at the hearing by permitting the foster parent or other physical custodian
12to make a written or oral statement during the hearing or to submit a written
13statement prior to the hearing relating to the juvenile and the requested change in
14placement. A foster parent or other physical custodian who receives notice of a
15hearing under sub. (1) (am) 1. or (2m) (b)
2. and a right to be heard under this
16subsection does not become a party to the proceeding on which the hearing is held
17solely on the basis of receiving that notice and right to be heard.
SB387,147
18Section
147. 938.357 (2v) (a) 1. of the statutes is amended to read:
SB387,89,219
938.357
(2v) (a) 1. If the court changes the juvenile's placement from a
20placement in the juvenile's home to a placement outside the juvenile's home, a
21finding that continued placement of the juvenile in his or her home would be contrary
22to the welfare of the juvenile and, unless a circumstance under s. 938.355 (2d) (b) 1.
23to 4. applies, a finding that
the county department or the agency primarily
24responsible for implementing the dispositional order has made reasonable efforts to
1prevent the removal of the juvenile from the home, while assuring that the juvenile's
2health and safety are the paramount concerns.
SB387,148
3Section
148. 938.357 (2v) (a) 2. of the statutes is amended to read:
SB387,89,154
938.357
(2v) (a) 2. If the
change in placement change-in-placement order
5would change changes the placement of the juvenile to a placement outside the home
6recommended by the person or agency primarily responsible for implementing the
7dispositional order, whether from a placement in the home or from another
8placement outside the home, a statement that the court approves the placement
9recommended by the person or agency
. If or, if the
change in placement 10change-in-placement order
would change changes the placement of the juvenile to
11a placement outside the home that is not a placement recommended by that person
12or agency, whether from a placement in the home or from another placement outside
13the home, a statement that the court has given bona fide consideration to the
14recommendations made by that person or agency and all parties relating to the
15juvenile's placement.
SB387,149
16Section
149. 938.357 (2v) (a) 2m. of the statutes is amended to read:
SB387,90,417
938.357
(2v) (a) 2m. If
the change-in-placement order changes the placement
18of the juvenile to a placement outside the home and if the juvenile has one or more
19siblings, as defined in s. 938.38 (4) (br) 1., who have been placed outside the home
20or for whom a change in placement to a placement outside the home is requested, a
21finding as to whether the county department or the agency primarily responsible for
22implementing the dispositional order has made reasonable efforts to place the
23juvenile in a placement that enables the sibling group to remain together, unless the
24court determines that a joint placement would be contrary to the safety or well-being
25of the juvenile or any of those siblings, in which case the court shall order the county
1department or agency to make reasonable efforts to provide for frequent visitation
2or other ongoing interaction between the juvenile and the siblings, unless the court
3determines that such visitation or interaction would be contrary to the safety or
4well-being of the juvenile or any of those siblings.
SB387,150
5Section
150. 938.357 (2v) (c) (title) of the statutes is amended to read:
SB387,90,76
938.357
(2v) (c) (title)
Permanency Reasonable efforts not required;
7permanency hearing.
SB387,151
8Section
151. 938.357 (2v) (d) (title) of the statutes is created to read:
SB387,90,99
938.357
(2v) (d) (title)
Search for relatives.
SB387,152
10Section
152. 938.357 (4d) (a) (title) of the statutes is created to read:
SB387,90,1111
938.357
(4d) (a) (title)
Prohibition.
SB387,153
12Section
153. 938.357 (4d) (am) of the statutes is amended to read:
SB387,90,2213
938.357
(4d) (am)
Change in placement required. Except as provided in par.
14(b), if a parent in whose home a juvenile is placed is convicted of the homicide of the
15juvenile's other parent under s. 940.01 or 940.05, and the conviction has not been
16reversed, set aside, or vacated, the court shall change the juvenile's placement to a
17placement
out of outside the home of the parent on petition of the juvenile,
the
18juvenile's counsel or guardian ad litem, the guardian or legal custodian of the
19juvenile,
a the person or agency
bound by primarily responsible for implementing 20the dispositional order, or the district attorney or corporation counsel of the county
21in which the dispositional order was entered, or on the court's own motion with notice
22to the parent.
SB387,154
23Section
154. 938.357 (4d) (b) (title) of the statutes is created to read:
SB387,90,2424
938.357
(4d) (b) (title)
Exception.
SB387,91,143
938.357
(5m) (a) If a proposed change in placement would change a juvenile's
4placement from a placement in the juvenile's home to a placement outside the
5juvenile's home, the court shall order the juvenile's parent to provide a statement of
6the income, assets, debts, and living expenses of the juvenile and the juvenile's
7parent to the court or the person or agency primarily responsible for implementing
8the dispositional order by a date specified by the court. The clerk of court shall
9provide, without charge, to any parent ordered to provide that statement a document
10setting forth the percentage standard established by the department
of children and
11families under s. 49.22 (9)
and the manner of its application established by the
12department of corrections under s. 301.12 (14) (g) and listing the factors under s.
13301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall
14determine the liability of the parent in the manner provided in s. 301.12 (14).
SB387,156
15Section
156. 938.357 (6) (a) (intro.) of the statutes is amended to read:
SB387,91,2216
938.357
(6) (a) (intro.) No change in placement may extend the expiration date
17of the original
dispositional order, except that if the change in placement is from a
18placement in the juvenile's home to a placement in a foster home, group home, or
19residential care center for children and youth, in the home of a relative who is not
20a parent, or in a supervised independent living arrangement, the court may extend
21the expiration date of the original
dispositional order to the latest of the following
22dates, unless the court specifies a shorter period:
SB387,157
23Section
157. 938.357 (6) (a) 2. of the statutes is amended to read:
SB387,91,2524
938.357
(6) (a) 2. The date that is one year after the date on which the
change
25in placement change-in-placement order is granted.
SB387,158
1Section
158. 938.357 (6) (b) of the statutes is amended to read:
SB387,92,92
938.357
(6) (b) If the change in placement is from a placement in a foster home,
3group home, or residential care center for children and youth or in the home of a
4relative to a placement in the juvenile's home and if the expiration date of the original
5dispositional order is more than one year after the date on which the
change in
6placement change-in-placement order is granted, the court shall shorten the
7expiration date of the original
dispositional order to the date that is one year after
8the date on which the
change in placement change-in-placement order is granted
9or to an earlier date as specified by the court.
SB387,159
10Section
159. 938.358 (2) (a) of the statutes is amended to read:
SB387,92,2211
938.358
(2) (a)
Request or proposal. No trial reunification may occur without
12a court order. Only the person or agency primarily responsible for implementing the
13dispositional order may request the court to order a trial reunification. The request
14shall contain the name and address of the requested trial reunification home, a
15statement describing why the trial reunification is in the best interests of the
16juvenile, and a statement describing how the trial reunification satisfies the
17objectives of the juvenile's permanency plan. A request for a trial reunification may
18not be made on the sole grounds that an emergency condition necessitates an
19immediate removal of the juvenile from his or her out-of-home placement. If an
20emergency condition necessitates such an immediate removal, the person or agency
21primarily responsible for implementing the dispositional order shall proceed as
22provided in s. 938.357 (2)
(a).
SB387,160
23Section
160. 938.36 (1) (a) of the statutes is amended to read:
SB387,93,1324
938.36
(1) (a) If legal custody is transferred from the parent or guardian or the
25court otherwise designates an alternative placement for the juvenile by
a consent
1decree under s. 938.32, a disposition made under s. 938.183, 938.34
, or 938.345
, or
2by a change in placement under s. 938.357, the duty of the parent or guardian to
3provide support shall continue even though the legal custodian or the placement
4designee may provide the support. A copy of the order transferring custody or
5designating alternative placement for the juvenile shall be submitted to the agency
6or person receiving custody or placement and the agency or person may apply to the
7court for an order to compel the parent or guardian to provide the support. Support
8payments for residential services, when purchased or otherwise funded or provided
9by the department of corrections, or a county department under s. 46.215, 46.22 or
1046.23, shall be determined under s. 301.12 (14). Support payments for residential
11services, when purchased or otherwise funded by the department of health services,
12or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10
13(14).
SB387,93,2516
938.363
(1) (c) If the proposed revision is for a change in the amount of child
17support to be paid by a parent, the court shall order the juvenile's parent to provide
18a statement of the income, assets, debts, and living expenses of the juvenile and the
19juvenile's parent to the court and the person or agency primarily responsible for
20implementing the dispositional order by a date specified by the court. The clerk of
21court shall provide, without charge, to any parent ordered to provide that statement
22a document setting forth the percentage standard established by the department
of
23children and families under s. 49.22 (9)
and the manner of its application established
24by the department of corrections under s. 301.12 (14) (g) and listing the factors
that
25a court may consider under s. 301.12 (14) (c).
SB387,162
1Section
162. 938.38 (4m) (title) of the statutes is amended to read: