AB43,1686,923
895.48
(1m) (a) (intro.) Except as provided in par. (b), any physician,
24naturopathic doctor, physician assistant, podiatrist, or athletic trainer licensed
25under ch. 448, chiropractor licensed under ch. 446, dentist
or dental therapist
1licensed under ch. 447, emergency medical services practitioner licensed under s.
2256.15, emergency medical responder certified under s. 256.15 (8), registered nurse
3licensed under ch. 441, or a massage therapist or bodywork therapist licensed under
4ch. 460 who renders voluntary health care to a participant in an athletic event or
5contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private
6school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a
7public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1)
8(c), is immune from civil liability for his or her acts or omissions in rendering that
9care if all of the following conditions exist:
AB43,3233
10Section 3233
. 895.48 (1m) (a) 2. of the statutes is amended to read:
AB43,1686,1611
895.48
(1m) (a) 2. The physician, naturopathic doctor, podiatrist, athletic
12trainer, chiropractor, dentist,
dental therapist, emergency medical services
13practitioner, as defined in s. 256.01 (5), emergency medical responder, as defined in
14s. 256.01 (4p), physician assistant, registered nurse, massage therapist or bodywork
15therapist does not receive compensation for the health care, other than
16reimbursement for expenses.
AB43,3234
17Section 3234
. 905.05 (title) of the statutes is amended to read:
AB43,1686,18
18905.05 (title)
Husband-wife Spousal and domestic partner privilege.
AB43,3235
19Section 3235
. 938.02 (1) of the statutes is amended to read:
AB43,1686,2320
938.02
(1) “Adult" means a person who is 18 years of age or older
, except that
21for purposes of investigating or prosecuting a person who is alleged to have violated
22any state or federal criminal law or any civil law or municipal ordinance, “
adult" 23means a person who has attained 17 years of age.
AB43,3236
24Section 3236
. 938.02 (10m) of the statutes is amended to read:
AB43,1687,5
1938.02
(10m) “Juvenile," when used without further qualification, means a
2person who is less than 18 years of age
, except that for purposes of investigating or
3prosecuting a person who is alleged to have violated a state or federal criminal law
4or any civil law or municipal ordinance, “juvenile" does not include a person who has
5attained 17 years of age.
AB43,3237
6Section
3237. 938.02 (12c) of the statutes is created to read:
AB43,1687,97
938.02
(12c) “Like-kin” means a person who has a significant emotional
8relationship with a child or the child's family and to whom any of the following
9applies:
AB43,1687,1210
(a) Prior to the child's placement in out-of-home care, the person had an
11existing relationship with the child or the child's family that is similar to a familial
12relationship.
AB43,1687,1613
(b) During the child's placement in out-of-home care, the person developed a
14relationship with the child or the child's family that is similar to a familial
15relationship, and the person is not and has not previously been the child's licensed
16foster parent.
AB43,1687,1817
(c) For an Indian child, “like-kin” includes individuals identified by the child's
18tribe according to tribal tradition, custom or resolution, code, or law.
AB43,3238
19Section 3238
. 938.02 (13) of the statutes is amended to read:
AB43,1688,1420
938.02
(13) “Parent" means a
biological natural parent
, a husband who has
21consented to the artificial insemination of his wife under s. 891.40, or a parent by
22adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
23do not subsequently intermarry under s. 767.803, “parent" includes a person
24conclusively determined from genetic test results to be the father under s. 767.804
25or a person acknowledged under s. 767.805 or a substantially similar law of another
1state or adjudicated to be the
biological father natural parent. “Parent" does not
2include any person whose parental rights have been terminated. For purposes of the
3application of s. 938.028 and the federal Indian Child Welfare Act,
25 USC 1901 to
41963, “parent" means a
biological natural parent
of an Indian child, an Indian
5husband spouse who has consented to the artificial insemination of his
wife or her
6spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian
7juvenile, including an adoption under tribal law or custom, and includes, in the case
8of a nonmarital
Indian child who is not adopted or whose parents do not subsequently
9intermarry under s. 767.803, a person conclusively determined from genetic test
10results to be the father under s. 767.804, a person acknowledged under s. 767.805,
11a substantially similar law of another state, or tribal law or custom to be the
12biological father natural parent, or a person adjudicated to be the
biological father 13natural parent, but does not include any person whose parental rights have been
14terminated.
AB43,3239
15Section
3239. 938.02 (15) of the statutes is amended to read:
AB43,1689,216
938.02
(15) “Relative" means a parent, stepparent, brother, sister, stepbrother,
17stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd
18cousin,
first cousin once removed, nephew, niece, uncle, aunt, stepuncle, stepaunt,
19or any person of a preceding generation as denoted by the prefix of grand, great, or
20great-great, whether by blood, marriage, or legal adoption, or the spouse of any
21person named in this subsection, even if the marriage is terminated by death or
22divorce. For purposes of the application of s. 938.028 and the federal Indian Child
23Welfare Act,
25 USC 1901 to
1963, “relative" includes an extended family member,
24as defined in s. 938.028 (2) (a), whether by blood, marriage, or adoption, including
25adoption under tribal law or custom. For purposes of placement of a juvenile,
1“relative" also includes a parent of a sibling of the juvenile who has legal custody of
2that sibling.
AB43,3240
3Section
3240. 938.028 (2) (c) of the statutes is amended to read:
AB43,1689,114
938.028
(2) (c) “Out-of-home care placement" means the removal of an Indian
5juvenile from the home of his or her parent or Indian custodian for temporary
6placement in a foster home, group home, residential care center for children and
7youth, or shelter care facility, in the home of a relative other than a parent,
in the
8home of like-kin, or in the home of a guardian, from which placement the parent or
9Indian custodian cannot have the juvenile returned upon demand. “Out-of-home
10care placement" does not include an emergency change in placement under s.
11938.357 (2) (b) or holding an Indian juvenile in custody under ss. 938.19 to 938.21.
AB43,3241
12Section 3241
. 938.12 (2) of the statutes is amended to read:
AB43,1689,1713
938.12
(2) Seventeen-year-olds Juveniles who become adults. If a petition
14alleging that a juvenile is delinquent is filed before the juvenile
is 17 years of age 15becomes an adult, but the juvenile becomes
17 years of age an adult before admitting
16the facts of the petition at the plea hearing or
, if the juvenile denies the facts, before
17an adjudication, the court retains jurisdiction over the case.
AB43,3242
18Section 3242
. 938.18 (2) of the statutes is amended to read:
AB43,1690,219
938.18
(2) Petition. The petition for waiver of jurisdiction may be filed by the
20district attorney or the juvenile or may be initiated by the court and shall contain a
21brief statement of the facts supporting the request for waiver. The petition for waiver
22of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
23delinquency and shall be filed prior to the plea hearing, except that if the juvenile
24denies the facts of the petition and becomes
17 years of age an adult before an
25adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
1the adjudication. If the court initiates the petition for waiver of jurisdiction, the
2judge shall disqualify himself or herself from any future proceedings on the case.
AB43,3243
3Section 3243
. 938.183 (3) of the statutes is amended to read:
AB43,1690,114
938.183
(3) Placement in state prison; parole. When Subject to s. 973.013
5(3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s.
6938.183 (2), 2003 stats.,
attains the age of 17 years becomes an adult, the department
7of corrections may place the juvenile in a state prison named in s. 302.01, except that
8that department may not place any person under the age of 18 years in the
9correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
10criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
11committed before December 31, 1999, is eligible for parole under s. 304.06.
AB43,3244
12Section
3244. 938.207 (1) (b) of the statutes is amended to read:
AB43,1690,2013
938.207
(1) (b) The home of a relative
or like-kin, except that a juvenile may
14not be held in the home of a
relative if the relative person who has been convicted
15under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
162nd-degree intentional homicide, of a parent of the juvenile, and the conviction has
17not been reversed, set aside or vacated, unless the person making the custody
18decision determines by clear and convincing evidence that the placement would be
19in the best interests of the juvenile. The person making the custody decision shall
20consider the wishes of the juvenile in making that determination.
AB43,3245
21Section
3245. 938.207 (1) (f) of the statutes is amended to read:
AB43,1690,2522
938.207
(1) (f) The home of a person not a relative
or like-kin if the person has
23not had a license under s. 48.62 refused, revoked, or suspended within the previous
242 years. A placement under this paragraph may not exceed 30 days, unless the
25placement is extended by the court for cause for an additional 30 days.
AB43,3246
1Section
3246. 938.208 (1) (b) of the statutes is amended to read:
AB43,1691,62
938.208
(1) (b) Probable cause exists to believe that the juvenile possessed,
3used or threatened to use a handgun, as defined in s.
175.35 (1) (b) 941.237 (1) (d),
4short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
5defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
6under ch. 940 if committed by an adult.
AB43,3247
7Section 3247
. 938.255 (1) (intro.) of the statutes is amended to read:
AB43,1691,148
938.255
(1) Title and contents. (intro.) A petition initiating proceedings
9under this chapter, other than a petition initiating proceedings under s. 938.12,
10938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a
11person under the age of 18
".." A petition initiating proceedings under s. 938.12,
12938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a
person
13under the age of 17". juvenile." A petition initiating proceedings under this chapter
14shall specify all of the following:
AB43,3248
15Section
3248. 938.33 (4) (intro.) of the statutes is amended to read:
AB43,1691,2316
938.33
(4) Other out-of-home placements. (intro.) A report recommending
17placement in a foster home, group home, or nonsecured residential care center for
18children and youth, in the home of a relative other than a parent,
in the home of
19like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised
20independent living arrangement shall be in writing, except that the report may be
21presented orally at the dispositional hearing if all parties consent. A report that is
22presented orally shall be transcribed and made a part of the court record. The report
23shall include all of the following:
AB43,3249
24Section
3249. 938.335 (3g) (intro.) of the statutes is amended to read:
AB43,1692,7
1938.335
(3g) Reasonable efforts finding. (intro.) At hearings under this
2section, if the agency, as defined in s. 938.38 (1) (a), is recommending placement of
3the juvenile in a foster home, group home, or residential care center for children and
4youth, in the home of a relative other than a parent,
in the home of like-kin, in the
5home of a guardian under s. 48.977 (2), or in a supervised independent living
6arrangement, the agency shall present as evidence specific information showing all
7of the following:
AB43,3250
8Section
3250. 938.335 (3j) (intro.) of the statutes is amended to read:
AB43,1692,169
938.335
(3j) Indian juvenile; active efforts finding. (intro.) At hearings
10under this section involving an Indian juvenile who is the subject of a proceeding
11under s. 938.13 (4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is
12recommending removal of the Indian juvenile from the home of his or her parent or
13Indian custodian and placement of the Indian juvenile in a foster home, group home,
14or residential care center for children and youth
or
, in the home of a relative other
15than a parent,
or in the home of like-kin, the agency shall present as evidence
16specific information showing all of the following:
AB43,3251
17Section
3251. 938.34 (3) (a) (intro.) of the statutes is amended to read:
AB43,1692,2218
938.34
(3) (a) (intro.) The home of a parent
or, other relative
, or like-kin of the
19juvenile, except that the court may not designate any of the following as the juvenile's
20placement, unless the court determines by clear and convincing evidence that the
21placement would be in the best interests of the juvenile or, in the case of an Indian
22juvenile, the best interests of the Indian juvenile as described in s. 938.01 (3):
AB43,3252
23Section
3252. 938.34 (3) (a) 1. of the statutes is amended to read:
AB43,1693,424
938.34
(3) (a) 1. The home of a parent
or, other relative
, or like-kin of the
25juvenile if the parent
or, other relative
, or like-kin has been convicted of the homicide
1of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been
2reversed, set aside, or vacated. In determining whether a placement under this
3subdivision would be in the best interests of the juvenile, the court shall consider the
4wishes of the juvenile.
AB43,3253
5Section
3253. 938.34 (3) (a) 2. of the statutes is amended to read:
AB43,1693,126
938.34
(3) (a) 2. The home of a relative other than the parent of the juvenile
7or the home of like-kin if the court finds that the relative
or like-kin has been
8convicted of, has pleaded no contest to, or has had a charge dismissed or amended
9as a result of a plea agreement for a crime under s. 948.02 (1) or (2), 948.025, 948.03
10(2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081,
11948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215, 948.30, or 948.53, or
12a similar law of another state.
AB43,3254
13Section 3254
. 938.34 (4m) (b) 2. of the statutes is amended to read:
AB43,1693,1814
938.34
(4m) (b) 2. The juvenile has possessed, used or threatened to use a
15handgun, as defined in s.
175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
16defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
17while committing a delinquent act that would be a felony under ch. 940 if committed
18by an adult.
AB43,3255
19Section 3255
. 938.34 (8) of the statutes is amended to read:
AB43,1694,1720
938.34
(8) Forfeiture. Impose a forfeiture based upon a determination that
21this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
22The maximum forfeiture that the court may impose under this subsection for a
23violation by a juvenile is the maximum amount of the fine that may be imposed on
24an adult for committing that violation or, if the violation is applicable only to
a person
25under 18 years of age juveniles, $100. The order shall include a finding that the
1juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
2for payment. If the juvenile fails to pay the forfeiture, the court may vacate the
3forfeiture and order other alternatives under this section; or the court may suspend
4any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
5suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
6than 2 years. If the court suspends any license under this subsection, the clerk of the
7court shall immediately take possession of the suspended license if issued under ch.
829 or, if the license is issued under ch. 343, the court may take possession of, and if
9possession is taken, shall destroy, the license. The court shall forward to the
10department
which that issued the license a notice of suspension stating that the
11suspension is for failure to pay a forfeiture imposed by the court, together with any
12license issued under ch. 29 of which the court takes possession. If the forfeiture is
13paid during the period of suspension, the suspension shall be reduced to the time
14period
which that has already elapsed and the court shall immediately notify the
15department
, which shall then, if the license is issued under ch. 29, return the license
16to the juvenile. Any recovery under this subsection shall be reduced by the amount
17recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB43,3256
18Section 3256
. 938.341 of the statutes is amended to read:
AB43,1694,22
19938.341 Delinquency adjudication; restriction on firearm possession. 20Whenever a court adjudicates a juvenile delinquent for an act that if committed by
21an adult in this state would be a felony
or for a violation under s. 175.33 (2), the court
22shall inform the juvenile of the requirements and penalties under s. 941.29.
AB43,3257
23Section 3257
. 938.343 (2) of the statutes is amended to read:
AB43,1695,1524
938.343
(2) Forfeiture. Impose a forfeiture not to exceed the maximum
25forfeiture that may be imposed on an adult for committing that violation or, if the
1violation is only applicable to
a person under 18 years of age juveniles, $50. The
2order shall include a finding that the juvenile alone is financially able to pay and
3shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
4the court may suspend any license issued under ch. 29 or suspend the juvenile's
5operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
6shall immediately take possession of the suspended license if issued under ch. 29 or,
7if the license is issued under ch. 343, the court may take possession of, and if
8possession is taken, shall destroy, the license. The court shall forward to the
9department
which that issued the license the notice of suspension stating that the
10suspension is for failure to pay a forfeiture imposed by the court, together with any
11license issued under ch. 29 of which the court takes possession. If the forfeiture is
12paid during the period of suspension, the court shall immediately notify the
13department, which shall, if the license is issued under ch. 29, return the license to
14the person. Any recovery under this subsection shall be reduced by the amount
15recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB43,3258
16Section 3258
. 938.344 (3) of the statutes is amended to read:
AB43,1695,2417
938.344
(3) Prosecution in adult court. If the juvenile alleged to have
18committed the violation is within 3 months of
his or her 17th birthday becoming an
19adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
20at the request of the district attorney or on its own motion, dismiss the citation
21without prejudice and refer the matter to the district attorney for prosecution under
22s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
23This subsection does not apply to violations under s. 961.573 (2), 961.574 (2)
, or
24961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
AB43,3259
25Section 3259
. 938.35 (1m) of the statutes is amended to read:
AB43,1696,6
1938.35
(1m) Future criminal proceedings barred. Disposition by the court
2assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
3under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
4in criminal court when the juvenile
attains 17 years of age becomes an adult. This
5subsection does not affect proceedings in criminal court that have been transferred
6under s. 938.18.
AB43,3260
7Section
3260. 938.355 (4) (am) (intro.) of the statutes is amended to read:
AB43,1696,148
938.355
(4) (am) (intro.) Except as provided in par. (b) or s. 938.368, an order
9under this section or s. 938.357 or 938.365 made before the juvenile attains 18 years
10of age that places or continues the placement of the juvenile in a foster home, group
11home, or residential care center for children and youth, in the home of a relative other
12than a parent
, in the home of like-kin, or in a supervised independent living
13arrangement shall terminate on the latest of the following dates, unless the court
14specifies a shorter period or the court terminates the order sooner:
AB43,3261
15Section 3261
. 938.355 (4) (b) of the statutes is amended to read:
AB43,1697,1116
938.355
(4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
17or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
18after the date on which the order is granted or until the juvenile's
18th 19th birthday,
19whichever is earlier, unless the court specifies a shorter period of time or the court
20terminates the order sooner. If the order does not specify a termination date, it shall
21apply for one year after the date on which the order is granted or until the juvenile's
2218th 19th birthday, whichever is earlier, unless the court terminates the order
23sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
24the juvenile attains 18 years of age shall apply for 5 years after the date on which the
25order is granted, if the juvenile is adjudicated delinquent for committing a violation
1of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
2felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
3juvenile is adjudicated delinquent for committing an act that would be punishable
4as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
5extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
6attains 17 years of age becomes an adult shall terminate at the end of one year after
7the date on which the order is granted unless the court specifies a shorter period of
8time or the court terminates the order sooner. No extension under s. 938.365 of an
9original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted
10for a juvenile who
is 17 years of age or older when
becomes an adult by the time the
11original dispositional order terminates.
AB43,3262
12Section 3262
. 938.355 (4m) (a) of the statutes is amended to read:
AB43,1697,1813
938.355
(4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
141993 stats., or s. 938.12 may, on
attaining 17 years of age becoming an adult, petition
15the court to expunge the court's record of the juvenile's adjudication. Subject to par.
16(b), the court may expunge the record if the court determines that the juvenile has
17satisfactorily complied with the conditions of his or her dispositional order and that
18the juvenile will benefit from, and society will not be harmed by, the expungement.
AB43,3263
19Section
3263. 938.357 (6) (a) (intro.) of the statutes is amended to read:
AB43,1698,220
938.357
(6) (a) (intro.) No change in placement may extend the expiration date
21of the original dispositional order, except that if the change in placement is from a
22placement in the juvenile's home to a placement in a foster home, group home, or
23residential care center for children and youth, in the home of a relative who is not
24a parent
, in the home of like-kin, or in a supervised independent living arrangement,
1the court may extend the expiration date of the original dispositional order to the
2latest of the following dates, unless the court specifies a shorter period:
AB43,3264
3Section
3264. 938.357 (6) (b) of the statutes is amended to read:
AB43,1698,114
938.357
(6) (b) If the change in placement is from a placement in a foster home,
5group home, or residential care center for children and youth or in the home of a
6relative
or like-kin to a placement in the juvenile's home and if the expiration date
7of the original dispositional order is more than one year after the date on which the
8change-in-placement order is granted, the court shall shorten the expiration date
9of the original dispositional order to the date that is one year after the date on which
10the change-in-placement order is granted or to an earlier date as specified by the
11court.
AB43,3265
12Section
3265. 938.365 (5) (b) (intro.) of the statutes is amended to read:
AB43,1698,1713
938.365
(5) (b) (intro.) Except as provided in s. 938.368, an order under this
14section that continues the placement of a juvenile in a foster home, group home, or
15residential care center for children and youth, in the home of a relative other than
16a parent
, in the home of like-kin, or in a supervised independent living arrangement
17shall be for a specified length of time not to exceed the latest of the following dates:
AB43,3266
18Section
3266. 938.366 (1) (a) of the statutes is amended to read:
AB43,1698,2419
938.366
(1) (a) The person is placed in a foster home, group home, or residential
20care center for children and youth, in the home of a relative other than a parent,
in
21the home of like-kin, or in a supervised independent living arrangement under an
22order under s. 938.355, 938.357, or 938.365 that terminates as provided in s. 938.355
23(4) (am) 1., 2., or 3., 938.357 (6) (a) 1., 2., or 3., or 938.365 (5) (b) 1., 2., or 3. on or after
24the person attains 18 years of age.
AB43,3267
25Section
3267. 938.371 (1) (intro.) of the statutes is amended to read:
AB43,1699,11
1938.371
(1) Medical information. (intro.) If a juvenile is placed in a foster
2home, group home, residential care center for children and youth, or juvenile
3correctional facility
or, in the home of a relative other than a parent,
or in the home
4of like-kin, including a placement under s. 938.205 or 938.21, the agency, as defined
5in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the
6juvenile shall provide the following information to the foster parent, relative
,
7like-kin, or operator of the group home, residential care center for children and
8youth, or juvenile correctional facility at the time of placement or, if the information
9has not been provided to the agency by that time, as soon as possible after the date
10on which the agency receives that information, but not more than 2 working days
11after that date:
AB43,3268
12Section
3268. 938.371 (1) (a) of the statutes is amended to read:
AB43,1699,1813
938.371
(1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the
14juvenile as provided under s. 252.15 (3m) (d) 15., including results included in a court
15report or permanency plan. At the time that the test results are provided, the agency
16shall notify the foster parent, relative,
like-kin, or operator of the group home,
17residential care center for children and youth, or juvenile correctional facility of the
18confidentiality requirements under s. 252.15 (6).
AB43,3269
19Section
3269. 938.371 (3) (intro.) of the statutes is amended to read:
AB43,1700,720
938.371
(3) Other information. (intro.) At the time of placement of a juvenile
21in a foster home, group home, residential care center for children and youth, or
22juvenile correctional facility or in the home of a relative other than a parent
or in the
23home of like-kin or, if the information is not available at that time, as soon as possible
24after the date on which the court report or permanency plan has been submitted, but
25no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a),
1responsible for preparing the juvenile's permanency plan shall provide to the foster
2parent, relative,
like-kin, or operator of the group home, residential care center for
3children and youth, or juvenile correctional facility information contained in the
4court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan
5submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court
6or agency that prepared the court report or permanency plan relating to any of the
7following:
AB43,3270
8Section
3270. 938.371 (5) of the statutes is amended to read:
AB43,1700,159
938.371
(5) Confidentiality of information. Except as permitted under s.
10252.15 (6), a foster parent, treatment foster parent, relative,
like-kin, or operator of
11a group home, residential care center for children and youth, or juvenile correctional
12facility that receives any information under sub. (1) or (3), other than the information
13described in sub. (3) (e), shall keep the information confidential and may disclose that
14information only for the purposes of providing care for the juvenile or participating
15in a court hearing or permanency review concerning the juvenile.
AB43,3271
16Section
3271. 938.38 (2) (intro.) of the statutes is amended to read:
AB43,1701,217
938.38
(2) Permanency plan required. (intro.) Except as provided in sub. (3),
18for each juvenile living in a foster home, group home, residential care center for
19children and youth, juvenile detention facility, shelter care facility, or supervised
20independent living arrangement, the agency that placed the juvenile or arranged the
21placement or the agency assigned primary responsibility for providing services to the
22juvenile under s. 938.355 (2) (b) 6g. shall prepare a written permanency plan, if any
23of the following conditions exists, and, for each juvenile living in the home of a
24guardian or a relative other than a parent
or in the home of like-kin, that agency
1shall prepare a written permanency plan, if any of the conditions under pars. (a) to
2(e) exists:
AB43,3272
3Section
3272. 938.38 (3m) (a) of the statutes is amended to read:
AB43,1701,74
938.38
(3m) (a)
All appropriate biological family members, relatives, and
5like-kin of the juvenile, as determined by the agency. Notwithstanding s. 938.02
6(12c) (b), in this paragraph, “like-kin” may include a person who is or previously was
7the child's licensed foster parent.
AB43,3273
8Section
3273. 938.38 (4) (f) (intro.) of the statutes is amended to read:
AB43,1701,139
938.38
(4) (f) (intro.) A description of the services that will be provided to the
10juvenile, the juvenile's family, and the juvenile's foster parent, the operator of the
11facility where the juvenile is living, or the relative
or like-kin with whom the juvenile
12is living to carry out the dispositional order, including services planned to accomplish
13all of the following:
AB43,3274
14Section 3274
. 938.38 (4m) (b) of the statutes is amended to read:
AB43,1701,2315
938.38
(4m) (b) At least 10 days before the date of the hearing the court shall
16notify the juvenile; any parent, guardian, and legal custodian of the juvenile; any
17foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, the
18operator of the facility in which the juvenile is living, or the relative
or like-kin with
19whom the juvenile is living; and, if the juvenile is an Indian juvenile who is or is
20alleged to be in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the
21Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the
22hearing, of the issues to be determined at the hearing, and of the fact that they shall
23have a right to be heard at the hearing.
AB43,3275
24Section 3275
. 938.38 (4m) (d) of the statutes is amended to read: