AB68: Bill Text

AB68,1667,19 4. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age or older when becomes an adult by the time the original dispositional order terminates.

AB68,3199 Section 3199 . 938.355 (4) (b) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1668,3 938.355 (4) (b) 1. Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years after the date on which the order is granted or until the juvenile's 19th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile's 19th birthday, whichever is earlier, unless the court terminates the order sooner.

AB68,1668,7 2. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4m), or (4n) made before the juvenile becomes an adult shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner.

AB68,1668,10 4. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4m), or (4n) may be granted for a juvenile who becomes an adult by the time the original dispositional order terminates.

AB68,3200 Section 3200. 938.355 (4) (b) 5. of the statutes is created to read:

AB68,1668,15 938.355 (4) (b) 5. An order under ss. 938.34 (4p) and 938.369 (3) shall terminate on the juvenile's 23rd birthday, or, if the juvenile was convicted of a violation or attempted violation of s. 940.01, the juvenile's 25th birthday unless the court specifies a shorter period of time or the court terminates the order sooner.

AB68,3201 Section 3201 . 938.355 (4m) (a) of the statutes is amended to read:

AB68,1668,22 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court may expunge the record if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement.

AB68,3202 Section 3202. 938.355 (6) (a) 1. of the statutes is amended to read:

AB68,1669,3 938.355 (6) (a) 1. Except as provided in subd. subds. 3. and 4., if a juvenile who has been adjudged delinquent or to have violated a civil law or ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d).

AB68,3203 Section 3203. 938.355 (6) (a) 4. of the statutes is created to read:

AB68,1669,6 938.355 (6) (a) 4. The court may only place a juvenile in a juvenile detention facility or juvenile portion of a county jail under subd. 1. if all of the following apply:

AB68,1669,7 a. The court finds that the juvenile poses a threat to public safety.

AB68,1669,9 b. The underlying offense for which the juvenile court order was imposed is not a status offense.

AB68,3204 Section 3204. 938.355 (6) (d) 1. of the statutes is renumbered 938.355 (6) (d) 1. (intro.) and amended to read:

AB68,1670,2 938.355 (6) (d) 1. (intro.) Placement of the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile. A court may order placement of a juvenile in a juvenile detention facility or juvenile portion of a county jail under this subdivision only if all of the following apply:

AB68,3205 Section 3205. 938.355 (6) (d) 1. a. and b. of the statutes are created to read:

AB68,1670,5 938.355 (6) (d) 1. a. The court finds that the juvenile poses a threat to public safety.

AB68,1670,7 b. The underlying offense for which the dispositional order was imposed is not a status offense.

AB68,3206 Section 3206. 938.355 (6d) (a) 1. of the statutes is amended to read:

AB68,1670,18 938.355 (6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., 2p., and 2r., if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under sub. (6) are being investigated.

AB68,3207 Section 3207. 938.355 (6d) (a) 2. of the statutes is amended to read:

AB68,1671,10 938.355 (6d) (a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., 2p., and 2r., if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement, modify the terms of the placement, or order the juvenile to be released from custody.

AB68,3208 Section 3208. 938.355 (6d) (a) 2p. of the statutes is created to read:

AB68,1671,14 938.355 (6d) (a) 2p. A court may only order placement of a juvenile in a juvenile detention facility or juvenile portion of a county jail under under subd. 1. or 2. if all of the following apply:

AB68,1671,15 a. The court finds that the juvenile poses a threat to public safety.

AB68,1671,17 b. The underlying offense for which the delinquency order was imposed is not a status offense.

AB68,3209 Section 3209. 938.355 (6d) (b) 1. of the statutes is amended to read:

AB68,1672,3 938.355 (6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., 2p., and 2r., if a juvenile who is on aftercare supervision violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of revoking the juvenile's aftercare status are being investigated.

AB68,3210 Section 3210. 938.355 (6d) (b) 2. of the statutes is amended to read:

AB68,1672,20 938.355 (6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., 2p., and 2r., if a juvenile who is on aftercare supervision violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or the county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement of the juvenile, modify the terms of the placement, or order the juvenile to be released from custody.

AB68,3211 Section 3211. 938.355 (6d) (b) 2p. of the statutes is created to read:

AB68,1672,24 938.355 (6d) (b) 2p. A court may only order placement of a juvenile in a juvenile detention facility or juvenile portion of a county jail under under subd. 1. or 2. if all of the following apply:

AB68,1672,25 a. The court finds that the juvenile poses a threat to public safety.

AB68,1673,2 b. The underlying offense for which the aftercare supervision was imposed is not a status offense.

AB68,3212 Section 3212. 938.355 (6m) (a) 1g. of the statutes is amended to read:

AB68,1673,19 938.355 (6m) (a) 1g. Placement of the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. The use of placement in a juvenile detention facility or in a juvenile portion of a county jail as a sanction under this subdivision is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.

AB68,3213 Section 3213. 938.357 (1) (am) 1. of the statutes is amended to read:

AB68,1674,13 938.357 (1) (am) 1. Except as provided in par. (c), the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in placement under this subsection by causing written notice of the proposed change in placement to be sent to the juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian, and legal custodian of the juvenile, and any foster parent or other physical custodian described in s. 48.62 (2) of the juvenile. If the request is for a change in placement under sub. (3), notice shall be sent to the entity that operates the secured residential care center for children and youth or Type 1 juvenile correctional facility where placement is proposed. If the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall also be sent to the Indian juvenile's Indian custodian and tribe. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan or permanency plan ordered by the court. The person sending the notice shall file the notice with the court on the same day that the notice is sent.

AB68,3214 Section 3214 . 938.357 (1) (am) 1. of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1675,8 938.357 (1) (am) 1. Except as provided in par. (c), the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in placement under this subsection by causing written notice of the proposed change in placement to be sent to the juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian, and legal custodian of the juvenile, and any foster parent or other physical custodian described in s. 48.62 (2) of the juvenile. If the request is for a change in placement under sub. (3), notice shall be sent to the entity that operates the secured residential care center for children and youth or juvenile correctional facility where placement is proposed. If the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall also be sent to the Indian juvenile's Indian custodian and tribe. The notice shall contain the name and address of the new placement, the reasons for the change in placement, whether the new placement is certified under s. 48.675, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan or permanency plan ordered by the court. The person sending the notice shall file the notice with the court on the same day that the notice is sent.

AB68,3215 Section 3215. 938.357 (1) (am) 1m. and 1r. of the statutes are created to read:

AB68,1675,18 938.357 (1) (am) 1m. If the proposed change in placement would place the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive the notice under subd. 1. no later than time of filing that notice or, if not available by that time, and except as provided under subd. 1r., no later than 10 days after the notice is filed:

AB68,1675,20 a. Whether the proposed placement will provide the juvenile with the most effective and appropriate level of care in the least restrictive environment.

AB68,1675,22 b. How the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

AB68,1675,25 c. The reasons why the juvenile's needs can or cannot be met by the juvenile's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the juvenile's needs cannot be met in a foster home.

AB68,1676,3 d. The placement preference of the family permanency team under s. 938.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

AB68,1676,7 1r. If, for good cause shown, the information required to be submitted under subd. 1m. is not available by the deadline under that subdivision, the person or agency primarily responsible for implementing the dispositional order shall submit it no later than 30 days after the date on which the placement is made.

AB68,3216 Section 3216. 938.357 (1) (c) 1r. of the statutes is created to read:

AB68,1676,17 938.357 (1) (c) 1r. If the proposed change in placement would place the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified in sub. (1) (am) 1m., to the court and to the party that requested the change in placement under subd. 1. no later than the filing of that request or, if not available by that time, no later than 30 days after the date on which the placement was made.

AB68,3217 Section 3217. 938.357 (2) (a) of the statutes is renumbered 938.357 (2) (a) 1.

AB68,3218 Section 3218. 938.357 (2) (a) 2., 3. and 4. of the statutes are created to read:

AB68,1677,3 938.357 (2) (a) 2. If the emergency change in placement under subd. 1. results in a juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified under sub. (1) (am) 1m. with the notice under subd. 1. or, if not available at that time, and except as provided under subd. 3., no later than 10 days after the filing of that notice.

AB68,1677,7 3. If, for good cause shown, the information required to be submitted under subd. 2. is not available by the deadline under that subdivision, the person or agency primarily responsible for implementing the dispositional order shall submit it no later than 30 days after the date on which the placement was made.

AB68,1677,14 4. If the emergency change in placement under subd. 1. results in a juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the court shall, no later than 60 days after the placement is made, issue an order making the findings under sub. (2v) (a) 5., the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment.

AB68,3219 Section 3219. 938.357 (2) (b) 5. and 6. of the statutes are created to read:

AB68,1677,25 938.357 (2) (b) 5. If the emergency change in placement under this paragraph results in a juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified in sub. (1) (am) 1m., to the court and all persons who are required to receive the notice under subd. 2. that requested the change in placement no later than the filing of that request or, if not available by that time, no later than 30 days after the date on which the placement was made.

AB68,1678,7 6. If the emergency change in placement this paragraph results in a juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the court shall, no later than 60 days after the placement is made, issue an order making the findings under sub. (2v) (a) 5., the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment.

AB68,3220 Section 3220. 938.357 (2m) (a) of the statutes is renumbered 938.357 (2m) (a) 1.

AB68,3221 Section 3221. 938.357 (2m) (a) 2. of the statutes is created to read:

AB68,1678,20 938.357 (2m) (a) 2. If the change in placement results in the juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information under sub. (1) (am) 1m., to the court and to the party that requested the change in placement under subd. 1. no later than the filing of that request or, if not available by that time, no later than 30 days after the date on which the placement was made.

AB68,3222 Section 3222. 938.357 (2v) (a) 5. and 6. of the statutes are created to read:

AB68,1679,3 938.357 (2v) (a) 5. Except as provided in subd. 6., if the court changes the placement to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the change-in-placement order shall contain a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment:

AB68,1679,5 a. Whether the needs of the juvenile can be met through placement in a foster home.

AB68,1679,9 b. Whether placement of the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the juvenile in the least restrictive environment.

AB68,1679,11 c. Whether the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

AB68,1679,12 d. Whether the court approves or disapproves the placement.

AB68,1679,18 6. If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are not available at the time of the order, the court shall defer making the findings under subd. 5. as provided in this paragraph. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under subd. 5.

AB68,3223 Section 3223. 938.357 (3) (a) of the statutes is amended to read:

AB68,1680,8 938.357 (3) (a) Subject to subs. (4) (b), (c), and (d) and (5) (e), if the proposed change in placement would involve placing a juvenile in a juvenile correctional facility or a secured residential care center for children and youth, notice shall be given as provided in sub. (1) (am) 1. A hearing shall be held, unless waived by the juvenile, parent, guardian, and legal custodian, before the court makes a decision on the request. The juvenile is entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The Under par. (b), the department of corrections shall have the opportunity to object to a change of placement of a juvenile from a secured residential care center for children and youth operated by a county, Indian tribe, or child welfare agency to a Type 1 juvenile correctional facility under par. (b) secured residential care center for children and youth operated by the department of corrections. The proposed new placement may be approved only if the court finds, on the record, that the conditions set forth in s. 938.34 (4m) (a) and (b) have been met.

AB68,3224 Section 3224. 938.357 (3) (b) (intro.) of the statutes is amended to read:

AB68,1680,17 938.357 (3) (b) (intro.) Notwithstanding s. 938.34 (4m) and subject to par. (c), the court may order placement in a Type 1 juvenile correctional facility operated by the department of corrections for a juvenile who was adjudicated delinquent under s. 938.34 (4m) If the proposed change in placement would involve placing a juvenile who is under the supervision of a county department under s. 938.34 (4m) in a secured residential care center for children and youth operated by the department of corrections, the court may order the placement only if the court finds, after a hearing under this section, that any of the following apply:

AB68,3225 Section 3225. 938.357 (3) (b) 1. b. of the statutes is amended to read:

AB68,1680,21 938.357 (3) (b) 1. b. The programming available at the proposed Type 1 juvenile correctional facility secured residential care center for children and youth as of the date of the hearing is able to meet the treatment needs of the juvenile.

AB68,3226 Section 3226. 938.357 (3) (c) of the statutes is amended to read:

AB68,1681,12 938.357 (3) (c) Notwithstanding s. 938.34 (4m), upon Upon the recommendation of the department of health services, the court may order the placement of a juvenile who was adjudicated delinquent placed under the supervision of a county department under s. 938.34 (4m) at the Mendota juvenile treatment center if par. (b) 1. a. to c. are met. A court may not order a placement under this paragraph at the Mendota juvenile treatment center that the department of health services has not approved. A juvenile under the supervision of a county in a secured residential care center for children and youth who is transferred to Mendota juvenile treatment center under this paragraph remains under the supervision of that county. The department of health services shall determine the date for the actual transfer of the juvenile to the Mendota juvenile treatment center, and no change of placement to the Mendota juvenile treatment center may be ordered without the prior agreement of the department of health services to admit the juvenile. No further hearing or court order is necessary for the department of health services to transfer the juvenile back to the custody of the county department.

AB68,3227 Section 3227 . 938.357 (3) (d) of the statutes is amended to read:

AB68,1682,2 938.357 (3) (d) A juvenile who is placed in a Type 1 juvenile correctional facility under par. (b) or (c) is the financial responsibility of the county department of the county where the juvenile was adjudicated delinquent. The county department shall reimburse the department of corrections at the rate specified by the department of corrections under s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of a the juvenile's care while placed in a Type 1 juvenile correctional facility other than the Mendota juvenile treatment center in a placement under par. (b), and these payments shall be deposited in the appropriation account under s. 20.410 (3) (hm). The county department shall reimburse the department of health services at a rate specified by that department the department of health services for the cost of a the juvenile's care while placed at the Mendota juvenile treatment center in a placement under par. (c), and these payments shall be deposited in the appropriation account under s. 20.435 (2) (gk).

AB68,3228 Section 3228. 938.357 (3) (e) of the statutes is amended to read:

AB68,1682,10 938.357 (3) (e) A juvenile who is placed in a Type 1 juvenile correctional facility under par. (b) in a secured residential care center for children and youth operated by the department of corrections is under the supervision of the department of corrections. The change of placement order shall designate the department of corrections to provide community supervision or the county department to provide aftercare supervision for the juvenile following the juvenile's release from the Type 1 juvenile correctional facility secured residential care center for children and youth.

AB68,3229 Section 3229. 938.357 (4) (ab) of the statutes is renumbered 938.357 (4) (ab) (intro.) and amended to read:

AB68,1682,13 938.357 (4) (ab) (intro.) In this subsection, “ operating:

AB68,1682,16 1. “Operating entity” means the county department, the Indian tribe, or the child welfare agency, whichever entity operates a secured residential care center for children and youth.