AB68,3234 19Section 3234. 938.357 (4g) (title) of the statutes is amended to read:
AB68,1683,2020 938.357 (4g) (title) Community supervision or aftercare Aftercare plan.
AB68,3235 21Section 3235. 938.357 (4g) (a) of the statutes, as affected by 2019 Wisconsin
22Act 8
, is amended to read:
AB68,1684,723 938.357 (4g) (a) Not later than 120 days after the date on which the juvenile
24is placed in a juvenile correctional facility or a secured residential care center for
25children and youth, or within 30 days after the date on which the department of

1corrections requests the community supervision or aftercare plan, whichever is
2earlier, the community supervision provider or the aftercare provider designated
3under s. 938.34 (4n) shall prepare a community supervision or an aftercare plan for
4the juvenile. If the juvenile is to be placed on aftercare supervision, the The county
5department designated as the aftercare provider shall submit the aftercare plan to
6the department of corrections within the applicable period specified in this
7paragraph, unless the department of corrections waives the period under par. (b).
AB68,3236 8Section 3236. 938.357 (4g) (b) of the statutes is amended to read:
AB68,1684,189 938.357 (4g) (b) The department of corrections may waive the period within
10which a community supervision plan or an aftercare plan must be prepared and
11submitted under par. (a) if that department the department of corrections
12anticipates that the juvenile will remain in the juvenile correctional facility or
13secured residential care center for children and youth for a period exceeding 8
14months or if the juvenile is subject to s. 938.183. If the department of corrections
15waives that period, the designated community supervision or aftercare provider
16shall prepare the community supervision or aftercare plan within 30 days after the
17date on which the department of corrections requests the community supervision or
18aftercare plan.
AB68,3237 19Section 3237. 938.357 (4g) (c) (intro.), 2., 3. and 4. of the statutes are amended
20to read:
AB68,1684,2221 938.357 (4g) (c) (intro.) A community supervision or An aftercare plan shall
22include all of the following:
AB68,1684,2423 2. The conditions, if any, under which the juvenile's community supervision or
24aftercare status may be revoked.
AB68,1685,2
13. Services or programming to be provided to the juvenile while on community
2supervision or
aftercare supervision.
AB68,1685,43 4. The estimated length of time that community supervision and services or
4aftercare supervision and services shall be provided to the juvenile.
AB68,3238 5Section 3238. 938.357 (4g) (d) of the statutes is amended to read:
AB68,1685,96 938.357 (4g) (d) A juvenile may be released from a juvenile correctional facility
7or a secured residential care center for children and youth whether or not a
8community supervision or
an aftercare plan has been prepared under this
9subsection.
AB68,3239 10Section 3239. 938.357 (4m) of the statutes is amended to read:
AB68,1685,1611 938.357 (4m) Release to community supervision or aftercare supervision.
12The department of corrections shall try to release a juvenile to community
13supervision and the
or the county department with supervision of a juvenile shall try
14to release the juvenile to aftercare supervision under sub. (4) within 30 days after the
15date on which the department of corrections or county department determines the
16juvenile is eligible for the release.
AB68,3240 17Section 3240. 938.357 (5) (title) of the statutes is amended to read:
AB68,1685,1918 938.357 (5) (title) Revocation of community supervision or aftercare
19supervision.
AB68,3241 20Section 3241. 938.357 (5) (a) of the statutes is amended to read:
AB68,1686,221 938.357 (5) (a) If a juvenile has been placed on community supervision, the
22department of corrections may revoke the community supervision status of that
23juvenile as provided in this subsection.
If a juvenile has been placed on aftercare
24supervision, the county department that has been designated as a juvenile's
25aftercare provider may revoke the aftercare status of that juvenile as provided in this

1subsection. Prior notice of a change in placement under sub. (1) (am) 1. is not
2required.
AB68,3242 3Section 3242. 938.357 (5) (b) of the statutes is amended to read:
AB68,1686,74 938.357 (5) (b) A juvenile on community supervision status may be taken into
5custody only as provided in ss. 938.19 to 938.21 or 938.533 (3) (a).
A juvenile on
6aftercare status may be taken into custody only as provided in ss. 938.19 to 938.21
7or 938.355 (6d) (b).
AB68,3243 8Section 3243. 938.357 (5) (d) of the statutes is amended to read:
AB68,1686,149 938.357 (5) (d) A hearing on the revocation shall be conducted by the division
10of hearings and appeals in the department of administration within 30 days after the
11juvenile is taken into custody for an alleged violation of a condition of the juvenile's
12community supervision or aftercare supervision. This period may be waived only
13upon the agreement of the community supervision or aftercare provider, the juvenile,
14and the juvenile's counsel.
AB68,3244 15Section 3244. 938.357 (5) (e) of the statutes is amended to read:
AB68,1686,2116 938.357 (5) (e) If the hearing examiner finds that the juvenile has violated a
17condition of community supervision or aftercare supervision, the hearing examiner
18shall determine whether confinement in a juvenile correctional facility or a secured
19residential care center for children and youth is necessary to protect the public, to
20provide for the juvenile's rehabilitation, or to not depreciate the seriousness of the
21violation.
AB68,3245 22Section 3245. 938.357 (5) (g) of the statutes is amended to read:
AB68,1687,323 938.357 (5) (g) The department of corrections shall promulgate rules setting
24standards to be used by a hearing examiner to determine whether to revoke a
25juvenile's community supervision or aftercare status. The standards shall specify

1that the burden is on the department of corrections or county department seeking
2revocation to show by a preponderance of the evidence that the juvenile violated a
3condition of community supervision or aftercare supervision.
AB68,3246 4Section 3246. 938.357 (5d) of the statutes is created to read:
AB68,1687,145 938.357 (5d) Revocation of extended juvenile probation and extended
6juvenile supervision.
Notwithstanding ss. 973.10 (2) and 301.113 (9), if a juvenile
7who is subject to an extended juvenile disposition under ss. 938.34 (4p) and 938.369
8(3) and is placed on extended juvenile probation or extended juvenile supervision
9violates a condition of probation or extended supervision, the department of
10corrections may initiate a revocation proceeding before the division of hearings and
11appeals in the department of administration. A hearing examiner for the division
12shall conduct an administrative hearing and enter an order either revoking or not
13revoking probation or extended supervision. An order entered under this subsection
14shall provide one of the following:
AB68,1687,1915 (a) If extended juvenile probation is revoked, order the juvenile to confinement
16specified in the extended juvenile disposition. If the extended juvenile disposition
17did not specify a term of confinement, the order shall refer the matter to the court,
18which shall revise the extended juvenile disposition and order a term of confinement
19in accordance with s. 938.369 (3) (b) or (c).
AB68,1687,2420 (b) If extended juvenile supervision is revoked, order the juvenile to be returned
21to extended juvenile confinement for the remainder of the extended juvenile
22disposition entered under s. 938.369 (3). A juvenile returned to confinement under
23this paragraph remains subject to the department of correction's authority to release
24the juvenile under s. 301.03 (10) (d) or to discharge the juvenile under s. 938.53.
AB68,3247 25Section 3247 . 938.365 (5) (a) of the statutes is amended to read:
AB68,1688,5
1938.365 (5) (a) Except as provided in s. 938.368, an order under this section that
2continues the placement of a juvenile in his or her home or that extends an order
3under s. 938.34 (4d), (4h), (4m), or (4n) or s. 938.34 (4h), 2019 stats., shall be for a
4specified length of time not to exceed one year after the date on which the order is
5granted.
AB68,3248 6Section 3248 . 938.365 (5) (a) of the statutes, as affected by 2021 Wisconsin Act
7.... (this act), is amended to read:
AB68,1688,128 938.365 (5) (a) Except as provided in s. 938.368, an order under this section that
9continues the placement of a juvenile in his or her home or that extends an order
10under s. 938.34 (4d), (4m), or (4n) or s. 938.34 (4d) or (4h), 2019 stats., shall be for
11a specified length of time not to exceed one year after the date on which the order is
12granted.
AB68,3249 13Section 3249. 938.365 (7) of the statutes is amended to read:
AB68,1688,1814 938.365 (7) Changes in placement and trial reunifications not permitted.
15Nothing in this section may be construed to allow any changes in placement, trial
16reunification, or revocation of community supervision or aftercare supervision.
17Revocation and other changes in placement may take place only under s. 938.357,
18and trial reunifications may take place only under s. 938.358.
AB68,3250 19Section 3250. 938.369 of the statutes is created to read:
AB68,1688,24 20938.369 Extended juvenile jurisdiction; extended disposition hearing.
21(1) Except as provided under sub. (6), no sooner than a juvenile's 18th birthday and
22no later than 90 days before the juvenile's 19th birthday, the court shall hold a
23hearing to determine whether to impose a stayed portion of a disposition entered
24under s. 938.34 (4p).
AB68,1689,5
1(2) The court shall revise the dispositional order and remove the stayed portion
2of the disposition imposed under 938.34 (4p) unless the court finds by clear and
3convincing evidence that the disposition under 938.34 (4p) is necessary to protect
4public safety or for rehabilitation, considering the juvenile's risk and needs at the
5time of the hearing.
AB68,1689,8 6(3) If the court imposes the stayed portion of the disposition under s. 938.34
7(4p), the court shall determine the length of the extended juvenile disposition and
8impose one of the following extended juvenile dispositions:
AB68,1689,129 (a) Place the juvenile on extended juvenile probation under the supervision of
10the department of corrections on his or her 19th birthday. If the juvenile has been
11released to aftercare supervision under s. 938.34 (4n) on the date of the hearing, the
12court shall place the juvenile on probation under this paragraph.
AB68,1689,1313 (b) Place the juvenile on extended juvenile confinement in a county jail.
AB68,1689,1514 (c) Place the juvenile on extended juvenile confinement in prison followed by
15a term of extended juvenile supervision.
AB68,1689,19 16(4) A disposition imposed under this subsection has the same force and effect
17as a criminal conviction and may not extend beyond the juvenile's 23rd birthday, or,
18if the underlying offense was a violation or attempted violation of s. 940.01, the
19juvenile's 25th birthday.
AB68,1689,21 20(5) An extended juvenile disposition imposed under sub. (3) is not a bifurcated
21sentence under s. 973.01.
AB68,1689,25 22(6) If the department of corrections has discharged the juvenile under s. 938.53
23prior to the juvenile's 18th birthday or the date of a hearing scheduled under sub. (1),
24a hearing shall not be held, and the court shall revise the dispositional order and
25remove the disposition imposed under 938.34 (4p).
AB68,3251
1Section 3251. 938.38 (1) (ag) of the statutes is created to read:
AB68,1690,32 938.38 (1) (ag) “Family permanency team” means the team of individuals
3assembled under sub. (3m) to participate in a juvenile's permanency planning.
AB68,3252 4Section 3252. 938.38 (1) (as) of the statutes is created to read:
AB68,1690,75 938.38 (1) (as) “Like-kin” means a person who has a significant emotional
6relationship with a juvenile or the juvenile's family and to whom any of the following
7applies:
AB68,1690,108 1. Prior to the juvenile's placement in out-of-home care, the person had an
9existing relationship with the juvenile or the juvenile's family that is similar to a
10familial relationship.
AB68,1690,1311 2. During the juvenile's placement in out-of-home care, the person developed
12a relationship with the juvenile or the juvenile's family that is similar to a familial
13relationship.
AB68,3253 14Section 3253. 938.38 (1) (bp) of the statutes is created to read:
AB68,1690,1715 938.38 (1) (bp) “Qualified residential treatment program” means a residential
16care center for children and youth, group home, or shelter care facility certified under
17s. 48.675.
AB68,3254 18Section 3254. 938.38 (3m) of the statutes is created to read:
AB68,1690,2419 938.38 (3m) Family permanency team. If a juvenile is placed in a residential
20care center for children and youth, group home, or shelter care facility certified under
21s. 48.675, the agency that placed the juvenile or arranged the placement or the
22agency assigned primary responsibility for providing services to the juvenile under
23s. 48.355 (2) (b) 6g. shall invite all of the following to participate in permanency
24planning and may invite others at the agency's discretion:
AB68,1691,2
1(a) All appropriate biological family members, relatives, and like-kin of the
2juvenile, as determined by the agency.
AB68,1691,53 (b) Appropriate professionals who serve as a resource for the family of the
4juvenile, such as teachers, medical or mental health providers who have treated the
5juvenile, or clergy.
AB68,1691,76 (c) Others identified by a juvenile over the age of 14 as provided under sub.
7(2m).
AB68,3255 8Section 3255. 938.38 (4) (k) of the statutes is created to read:
AB68,1691,109 938.38 (4) (k) If the juvenile is placed in a qualified residential treatment
10program, all of the following:
AB68,1691,1211 1. Documentation of reasonable and good faith efforts to identify and include
12all required individuals on the family permanency team.
AB68,1691,1313 2. The contact information for the members of the family permanency team.
AB68,1691,1514 3. Information showing that meetings of the family permanency team are held
15at a time and place convenient for the family to the extent possible.
AB68,1691,1816 4. If reunification is the juvenile's permanency goal, information
17demonstrating that the parent from whom the juvenile was removed provided input
18on the members of the family permanency team or why that input was not obtained.
AB68,1691,2119 5. Information showing that the standardized assessment, as determined by
20the department, was used to determine the appropriateness of the placement in a
21qualified residential treatment program
AB68,1691,2522 6. The placement preferences of the family permanency team, including a
23recognition that a juvenile should be placed with his or her siblings unless the court
24determines that a joint placement would be contrary to the safety or well-being of
25the juvenile or any of those siblings.
AB68,1692,4
17. If placement preferences of the family permanency team are not the
2placement recommended by the qualified individual who conducted the
3standardized assessment, the reasons why these preferences were not
4recommended.
AB68,1692,65 8. The recommendations of the qualified individual who conducted the
6standardized assessment, including all of the following:
AB68,1692,117 a. Whether the recommended placement in a qualified residential treatment
8program is the placement that will provide the juvenile with the most effective and
9appropriate level of care in the least restrictive environment and how that placement
10is consistent with the short-term and long-term goals for the juvenile, as specified
11in the permanency plan.
AB68,1692,1412 b. Whether and why the juvenile's needs can or cannot be met by the juvenile's
13family or in a foster home. A shortage or lack of foster homes is not an acceptable
14reason for determining that the juvenile's needs cannot be met in a foster home.
AB68,1692,1615 9. Documentation of the approval or disapproval of the placement in a qualified
16residential treatment program by a court, if such a determination has been made.
AB68,3256 17Section 3256. 938.38 (4) (L) of the statutes is created to read:
AB68,1692,1818 938.38 (4) (L) If the juvenile is a parent or is pregnant, all of the following:
AB68,1692,2119 1. A list of the services or programs to be provided to or on behalf of the juvenile
20to ensure that the juvenile, if pregnant, is prepared and, if a parent, is able to be a
21parent.
AB68,1692,2322 2. The out-of-home care prevention strategy for any juvenile born to the
23parenting or pregnant juvenile.
AB68,3257 24Section 3257. 938.38 (5) (c) 1. of the statutes is amended to read:
AB68,1693,9
1938.38 (5) (c) 1. The continuing necessity for and the safety and
2appropriateness of the placement, subject to par. (cm) and sub. (5m) (c) 4. If the
3permanency goal of the juvenile's permanency plan is placement of the juvenile in
4a planned permanent living arrangement described in sub. (4) (fg) 5., the
5determination under this subdivision shall include an explanation of why the
6planned permanent living arrangement is the best permanency goal for the juvenile
7and why, supported by compelling reasons, it continues not to be in the best interests
8of the juvenile to be returned to his or her home or to be placed for adoption, with a
9guardian, or with a fit and willing relative.
AB68,3258 10Section 3258. 938.38 (5) (cm) of the statutes is created to read:
AB68,1693,1511 938.38 (5) (cm) If the juvenile is placed in a qualified residential treatment
12program, the agency that prepared the permanency plan shall submit to the court
13specific information showing all of the following, which the court shall consider when
14determining the continuing necessity for and the safety and appropriateness of the
15placement:
AB68,1693,2216 1. Whether ongoing assessment of the strengths and needs of the juvenile
17continues to support the determination that the needs of the juvenile cannot be met
18through placement in a foster home, whether the placement in a qualified residential
19treatment program provides the most effective and appropriate level of care for the
20juvenile in the least restrictive environment, and how the placement is consistent
21with the short-term and long-term goals for the juvenile, as specified in the
22juvenile's permanency plan.
AB68,1693,2523 2. The specific treatment or service needs that will be met for the juvenile in
24the placement and the length of the time the juvenile is expected to need the
25treatment or services.
AB68,1694,3
13. The efforts made by the agency to prepare the juvenile to return home or to
2be placed with a fit and willing relative, a guardian, or an adoptive parent or in a
3foster home.
AB68,3259 4Section 3259. 938.38 (5) (d) of the statutes is amended to read:
AB68,1694,215 938.38 (5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the
6permanency plan shall, at least 5 days before a review by a review panel, provide to
7each person appointed to the review panel, the juvenile's parent, guardian, and legal
8custodian, the person representing the interests of the public, the juvenile's counsel,
9the juvenile's guardian ad litem, and, if the juvenile is an Indian juvenile who is
10placed outside the home of his or her parent or Indian custodian under s. 938.13 (4),
11(6), (6m), or (7), the Indian juvenile's Indian custodian and tribe a copy of the
12permanency plan, any information submitted under par. (cm), and any written
13comments submitted under par. (bm) 1. Notwithstanding s. 938.78 (2) (a), a person
14appointed to a review panel, the person representing the interests of the public, the
15juvenile's counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian
16juvenile who is placed outside the home of his or her parent or Indian custodian
17under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe
18may have access to any other records concerning the juvenile for the purpose of
19participating in the review. A person permitted access to a juvenile's records under
20this paragraph may not disclose any information from the records to any other
21person.
AB68,3260 22Section 3260. 938.38 (5m) (c) 4. of the statutes is created to read:
AB68,1695,223 938.38 (5m) (c) 4. If the juvenile is placed in a qualified residential treatment
24program, the agency that prepared the permanency plan shall present to the court
25specific information showing all of the following, which the court shall consider when

1determining the continuing necessity for and the safety and appropriateness of the
2placement under sub. (5) (c) 1.:
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