48.361(1)(a)
(a) Any alcohol or other drug abuse examination or assessment ordered by a court under
s. 48.295 (1).
48.361(1)(b)
(b) Any special treatment or care that relates to alcohol or other drug abuse services ordered by a court under
s. 48.345 (6) (a).
48.361(2)(a)1.1. If a child's parent neglects, refuses or is unable to provide court-ordered alcohol and other drug abuse services for the child through his or her health insurance or other 3rd-party payments, notwithstanding
s. 48.36 (3), the judge may order the parent to pay for the court-ordered alcohol and drug abuse services. If the parent consents to provide court-ordered alcohol and other drug abuse services for a child through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered alcohol and other drug abuse services the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other drug abuse services in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.
48.361(2)(a)2.
2. This paragraph applies to payment for alcohol and other drug abuse services in any county, regardless of whether the county is a pilot county under
s. 48.547.
48.361(2)(am)1.1. If a court in a county that has a pilot program under
s. 48.547 finds that payment is not attainable under
par. (a), the court may order payment in accordance with
par. (b).
48.361(2)(am)2.
2. If a court in a county that does not have a pilot program under
s. 48.547 finds that payment is not attainable under
par. (a), the court may order payment in accordance with
s. 48.345 (6) (a) or
48.36.
48.361(2)(b)1.1. In counties that have a pilot program under
s. 48.547, in addition to using the alternative provided for under
par. (a), the court may order a county department of human services established under
s. 46.23 or a county department established under
s. 51.42 or
51.437 in the child's county of legal residence to pay for the court-ordered alcohol and other drug abuse services whether or not custody has been taken from the parent.
48.361(2)(b)2.
2. If a judge orders a county department established under
s. 51.42 or
51.437 to provide alcohol and other drug abuse services under this paragraph, the provision of the alcohol and other drug abuse services shall be subject to conditions specified in
ch. 51.
48.361(2)(c)
(c) Payment for alcohol and other drug abuse services by a county department under this section does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug abuse services from the parent which is based upon the ability of the parent to pay. This subsection is subject to
s. 46.03 (18).
48.362
48.362
Payment for certain special treatment or care services. 48.362(1)(1) In this section, "special treatment or care" has the meaning given in
s. 48.02 (17m), except that it does not include alcohol and other drug abuse services.
48.362(2)
(2) This section applies to the payment of court-ordered special treatment or care under
s. 48.345 (6) (a), whether or not custody has been taken from the parent.
48.362(3)
(3) If a child's parent neglects, refuses or is unable to provide court-ordered special treatment or care for the child through his or her health insurance or other 3rd-party payments, notwithstanding
s. 48.36 (3), the judge may order the parent to pay for the court-ordered special treatment or care. If the parent consents to provide court-ordered special treatment or care for a child through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the judge may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.
48.362(4)(a)(a) If the judge finds that payment is not attainable under
sub. (3), the judge may order the county department under
s. 51.42 or
51.437 of the child's county of legal residence to pay the cost of any court-ordered special treatment or care that is provided by or under contract with that county department.
48.362(4)(b)
(b) Payment for special treatment or care by a county department under
par. (a) does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of special treatment or care.
48.362(4)(c)
(c) A county department that pays for court-ordered special treatment or care under
par. (a) may recover from the parent, based on the parent's ability to pay, a reasonable contribution toward the costs of court-ordered special treatment or care. This paragraph is subject to
s. 46.03 (18).
48.362 History
History: 1993 a. 446;
1995 a. 77,
275.
48.363
48.363
Revision of dispositional orders. 48.363(1)
(1) A child, the child's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the child, the child's parent, guardian and legal custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job development under
s. 49.22 (9) and the manner of its application established by the department of health and family services under
s. 46.247 and listing the factors that a court may consider under
s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.
48.363(1m)
(1m) If a hearing is held under
sub. (1), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall permit a foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) of the child to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of revision.
48.363(2)
(2) If the court revises a dispositional order under
sub. (1) with respect to the amount of child support to be paid by a parent for the care and maintenance of the parent's minor child who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in
s. 46.10 (14).
48.365
48.365
Extension of orders. 48.365(1)(1) In this section, "2 or more years" means a period of time that begins with the first placement of the child outside of his or her home pursuant to an order under this section or
s. 48.345,
48.357 or
48.363 and includes any period of time in which the child returned home, unless the periods of time at home account for the majority of the time since the first placement.
48.365(1m)
(1m) The parent, child, guardian, legal custodian, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered or the court on its own motion, may request an extension of an order under
s. 48.355. The request shall be submitted to the court which entered the order. No order under
s. 48.355 may be extended except as provided in this section.
48.365(2)
(2) No order may be extended without a hearing. The court shall notify the child or the child's guardian ad litem or counsel, the child's parent, guardian, legal custodian, all the parties present at the original hearing, the child's foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered of the time and place of the hearing.
48.365(2g)(a)(a) At the hearing the person or agency primarily responsible for providing services to the child shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the child's rehabilitation or care and treatment. The juvenile offender review program may file a written report regarding any child examined by the program.
48.365(2g)(b)
(b) If the child is placed outside of his or her home, the report shall include all of the following:
48.365(2g)(b)1.
1. A copy of the report of the review panel under
s. 48.38 (5), if any, and a response to the report from the agency primarily responsible for providing services to the child.
48.365(2g)(b)2.
2. An evaluation of the child's adjustment to the placement and of any progress the child has made, suggestions for amendment of the permanency plan, a description of efforts to return the child to his or her home, including efforts of the parents to remedy factors which contributed to the child's placement and, if continued placement outside of the child's home is recommended, an explanation of why returning the child to his or her home is not feasible.
48.365(2g)(b)3.
3. If the child has been placed outside of his or her home for 2 or more years, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the child. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the child and whether or not the child should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the child be registered with the adoption information exchange or report the reason why registering the child is contrary to the best interest of the child.
48.365(2g)(c)
(c) In cases where the child has not been placed outside the home, the report shall contain a description of efforts that have been made by all parties concerned toward meeting the objectives of treatment, care or rehabilitation, an explanation of why these efforts have not yet succeeded in meeting the objective, and anticipated future planning for the child.
48.365(2m)(a)(a) Any party may present evidence relevant to the issue of extension. The judge shall make findings of fact and conclusions of law based on the evidence, including a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the child to make it possible for the child to return to his or her home. An order shall be issued under
s. 48.355.
48.365(2m)(ag)
(ag) In addition to any evidence presented under
par. (a), the court shall permit a foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) of the child to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension.
48.365(2m)(b)
(b) If a child has been placed outside the home under
s. 48.345 and an extension is ordered under this subsection, the judge shall state in the record the reason for the extension.
48.365(3)
(3) The appearance of any child may be waived by consent of the child, counsel or guardian ad litem.
48.365(4)
(4) The judge shall determine which dispositions are to be considered for extensions.
48.365(5)
(5) Except as provided in
s. 48.368, all orders shall be for a specified length of time not to exceed one year.
48.365(6)
(6) If a request to extend a dispositional order is made prior to the termination of the order, but the court is unable to conduct a hearing on the request prior to the termination date, the court may extend the order for a period of not more than 30 days, not including any period of delay resulting from any of the circumstances specified in
s. 48.315 (1).
48.365(7)
(7) Nothing in this section may be construed to allow any changes in placement. Revocation and other changes in placement may take place only under
s. 48.357.
48.365 History
History: 1977 c. 354;
1979 c. 300;
1983 a. 351,
399,
538;
1985 a. 172;
1987 a. 383;
1989 a. 31,
86,
107,
359;
1993 a. 16,
98,
377,
446;
1995 a. 27,
77,
275.
48.365 Annotation
Dispositional order may be extended without a finding of dangerousness. In Interest of R.E. H. 101 W (2d) 647, 305 NW (2d) 162 (Ct. App. 1981).
48.365 Annotation
Extension under (6) does not deprive juvenile of liberty without due process. In Interest of S.D.R. 109 W (2d) 567, 326 NW (2d) 762 (1982).
48.365 Annotation
See note to 48.355, citing In Interest of L.M.C. 146 W (2d) 377, 430 NW (2d) 352 (Ct. App. 1988).
48.365 Annotation
See note to 48.335, citing In Interest of T.M.S. 152 W (2d) 345, 448 NW (2d) 282 (Ct. App. 1989).
48.365 Annotation
Court may extend dispositional order for 30 days under (6) to consider petition to extend original order even when juvenile turns eighteen during extension period. In Interest of W.P. 153 W (2d) 50, 449 NW (2d) 615 (1990).
48.365 Annotation
Court loses competence to exercise jurisdiction to extend order when hearing is not held within 30-day period under (6); 30-day period may not be expanded by continuance under 48.315 and court's loss of competence cannot be waived. In Interest of B.J.N. 162 W (2d) 635, 469 NW (2d) 845 (1991).
48.366
48.366
Extended court jurisdiction. 48.366(1)(a)(a) Subject to
par. (c), if the person committed any crime specified under
s. 940.01,
940.02,
940.05,
940.21 or
940.225 (1) (a) to
(c),
948.03 or
948.04, is adjudged delinquent on that basis and is placed in a secured correctional facility under
s. 48.34 (4m) [,1993 stats.], the court shall enter an order extending its jurisdiction as follows:
48.366(1)(a)1.
1. If the act for which the person was adjudged delinquent was a violation of
s. 940.01, the order shall remain in effect until the person reaches 25 years of age or until the termination of the order under
sub. (6), whichever occurs earlier.
48.366(1)(a)2.
2. If the act for which the person was adjudged delinquent was any other violation specified in this paragraph, the order shall remain in effect until the person reaches 21 years of age or until the termination of the order under
sub. (6), whichever occurs earlier.
48.366(1)(b)
(b) Subject to
par. (c), if the person committed a crime specified in
s. 940.20 (1) or
946.43 while placed in a secured correctional facility and is adjudged delinquent on that basis following transfer of jurisdiction under
s. 970.032, the court shall enter an order extending its jurisdiction until the person reaches 21 years of age or until termination of the order under
sub. (6), whichever occurs earlier.
48.366(1)(c)
(c) A court may not enter an order extending its jurisdiction as provided in
par. (a) or
(b) with respect to any violation committed after June 30, 1996.
48.366(5)(a)(a) Any of the following may petition the court for a revision of an order:
48.366(5)(a)2.
2. The department of corrections or county department ordered under s.
48.34 (4n), 1993 stats., to provide aftercare supervision of the person.
48.366(5)(b)
(b) The department of corrections or county department may, at any time, file a petition proposing either release of a person subject to an order to aftercare supervision or revocation of the person's aftercare supervision. The petition shall set forth in detail:
48.366(5)(b)1.
1. The proposed treatment and supervision plan and proposed institutional placement, if any.
48.366(5)(b)2.
2. Any available information that is relevant to the advisability of revising the order.
48.366(5)(c)
(c) The person subject to an order may, no more often than once each year, file a petition proposing his or her release to aftercare supervision. The petition shall set forth in detail:
48.366(5)(c)2.
2. Any available information that is relevant to the advisability of revising the order.
48.366(5)(d)1.1. At the time the department of corrections or county department files a petition under
par. (a), it shall provide written notice of the petition to the person who is the subject of the petition. The notice to the person who is the subject of the petition shall state that the person has a right to request a hearing on the petition and, if the petition is for revocation of a person's aftercare supervision, that the person has the right to counsel. The department of corrections or county department shall also provide written notice of the petition to the office of the district attorney that filed the petition on the basis of which the child was adjudged delinquent and the victim, if any, of the delinquent act.
48.366(5)(d)2.
2. At the time a person subject to an order files a petition under
par. (a), the person shall provide written notice of the petition to the department of corrections or county department, as applicable.
48.366(5)(e)
(e) In making a determination under this subsection, the court shall balance the needs of the person with the protection of the public.
48.366(5)(f)
(f) If the court grants a petition to release a person to aftercare supervision and the person's county of residence is one in which the county department provides aftercare supervision, the department of corrections may contract with the county department under
s. 301.08 (2) for aftercare supervision of the person.
48.366(6)
(6) Petition for discharge; hearings. 48.366(6)(a)(a) Any of the following may petition the court that entered an order to terminate the order and to discharge the person subject to the order from supervision:
48.366(6)(a)2.
2. The department of corrections or county department ordered under s.
48.34 (4n), 1993 stats., to provide aftercare supervision of the person.
48.366(6)(b)
(b) The petition shall state the factual basis for the petitioner's belief that discharge will not pose a threat of bodily harm to other persons. The department of corrections or county department may file a petition at any time. The person subject to the order may file a petition not more often than once a year.
48.366(6)(c)1.1. At the time the department of corrections or county department files a petition under
par. (a), it shall provide written notice of the petition to the person who is the subject of the petition. The notice to the person who is the subject of the petition shall state that the person has the right to counsel. The department of corrections or county department shall also provide written notice of the petition to the office of the district attorney that filed the petition on the basis of which the person was adjudged delinquent and to the victim, if any, of the delinquent act.
48.366(6)(c)2.
2. At the time a person subject to an order files a petition under
par. (a), he or she shall provide written notice of the petition to the department of corrections or county department, whichever has been ordered under s.
48.34 (4n), 1993 stats., to provide aftercare supervision of the person.
48.366(6)(d)
(d) If the court denies the petition, the person shall remain under the jurisdiction of the court until the expiration of the order or until a subsequent petition for discharge under this subsection is granted, whichever is sooner.
