48.361(2)(am)1.1. If a court in a county that has an alcohol or other drug abuse 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)(b)1.1. In counties that have an alcohol and other drug abuse 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)1m.
1m. In counties that have an alcohol and other drug abuse 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 adult expectant mother's county of legal residence to pay for the court-ordered alcohol and other drug abuse services provided for the adult expectant mother.
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 or adult expectant mother which is based upon the ability of the parent or adult expectant mother 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, and to the payment of court-ordered special treatment or care under
s. 48.347 (4) (a).
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(3m)
(3m) If an adult expectant mother neglects, refuses or is unable to obtain court-ordered special treatment or care for herself through her health insurance or other 3rd-party payments, the judge may order the adult expectant mother to pay for the court-ordered special treatment or care. If the adult expectant mother consents to obtain court-ordered special treatment or care for herself through 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 adult expectant mother'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) or
(3m), the judge may order the county department under
s. 51.42 or
51.437 of the county of legal residence of the child or expectant mother 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 or adult expectant mother, based on the ability of the parent or adult expectant mother to pay, a reasonable contribution toward the costs of the court-ordered special treatment or care. This paragraph is subject to
s. 46.03 (18).
48.363
48.363
Revision of dispositional orders. 48.363(1)
(1) A child, the child's parent, guardian or legal custodian, an expectant mother, an unborn child by the unborn child's guardian ad litem, 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), the district attorney or corporation counsel in the county in which the dispositional order was entered, and, if the child is the expectant mother of an unborn child under
s. 48.133, the unborn child by the unborn child's guardian ad litem or shall notify the adult expectant mother, the unborn child through the unborn child's guardian ad litem, all parties bound by the dispositional order 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 workforce 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 give a foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) of the child an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian 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. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) who receives notice of a hearing under
sub. (1) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
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, a child is considered to have been placed outside of his or her home on the date on which the court first found that the child has been subjected to abuse or neglect or on the date that is 60 days after the date on which the child was removed from his or her home, whichever is earlier.
48.365(1m)
(1m) The parent, child, guardian, legal custodian, expectant mother, unborn child by the unborn child's guardian ad litem, 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 including an order under
s. 48.355 that was entered before the child was born. 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, the child's parent, guardian and 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), the district attorney or corporation counsel in the county in which the dispositional order was entered and, if the child is an expectant mother of an unborn child under
s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify the adult expectant mother, the unborn child through the unborn child's guardian ad litem, all the parties present at the original hearing 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 or expectant mother 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 rehabilitation or care and treatment of the child or for the rehabilitation and treatment of the expectant mother and the care of the unborn child.
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 safely 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 safe or feasible.
48.365(2g)(b)3.
3. If the child has been placed outside of his or her home for 15 of the most recent 22 months, 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. Subject to
s. 48.355 (2d), the findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the child or expectant mother to make it possible for the child to return safely to his or her home or for the expectant mother to return to her home. An order shall be issued under
s. 48.355.
48.365 Note
NOTE: Par. (a) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.365(2m)(ag)
(ag) In addition to any evidence presented under
par. (a), the court shall give a foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) of the child an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian 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. Any written or oral statement made under this paragraph shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) who receives notice of a hearing under
sub. (2) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
48.365(2m)(b)
(b) If a child has been placed outside the home under
s. 48.345, or if an adult expectant mother has been placed outside the home under
s. 48.347, 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. 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;
1997 a. 27,
80,
237,
292; s. 13.93 (2) (c).
48.365 Annotation
A 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
An extension under sub. (6) does not deprive a juvenile of liberty without due process. In Interest of S.D.R. 109 W (2d) 567, 326 NW (2d) 762 (1982).
48.365 Annotation
Mandatory time limits affect a trial court's competency to act, but an objection must be raised before the trial court to avoid waiver. In Interest of L.M.C. 146 W (2d) 377, 430 NW (2d) 352 (Ct. App. 1988).
48.365 Annotation
The court may extend a dispositional order for 30 days under sub. (6) to consider a petition to extend the original order even when the juvenile turns eighteen during the extension period. In Interest of W.P. 153 W (2d) 50, 449 NW (2d) 615 (1990).
48.365 Annotation
The court loses competence to exercise jurisdiction to extend an order when a hearing is not held within the 30-day period under sub. (6); the 30-day period may not be expanded by continuance under s. 48.315 and the 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)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.
48.366(7)
(7) Notice of hearing. Upon receipt of a request for a hearing under
sub. (5) or upon receipt of a petition under
sub. (6), the court shall set a date for a hearing on the matter. In any of those cases, the court shall notify the department of corrections and each person specified in
sub. (5) (d) 1. or
(6) (c) 1. of the hearing at least 7 days before the hearing, except that if any such person lives outside of this state, the notice shall be mailed at least 14 days before the hearing.
48.366(8)
(8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 17 years, the department of corrections may place the person in a state prison named in
s. 302.01. If the person is 15 years of age or over, the department of corrections may transfer the person to the Racine youthful offender correctional facility named in
s. 302.01 as provided in
s. 938.357 (4) (d). If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under
s. 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in
s. 302.01 without petitioning for revision of the order under
sub. (5) (a).
48.368
48.368
Continuation of dispositional orders. 48.368(1)
(1) If a petition for termination of parental rights is filed under
s. 48.41 or
48.415 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under
s. 48.355 or an extension order under
s. 48.365 is in effect, the dispositional or extension order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.
48.368(2)
(2) If a child's placement with a guardian appointed under
s. 48.977 (2) is designated by the court under
s. 48.977 (3) as a permanent foster placement for the child while a dispositional order under
s. 48.345, a revision order under
s. 48.363 or an extension order under
s. 48.365 is in effect with respect to the child, such dispositional order, revision order or extension order shall remain in effect until the earliest of the following:
