938.368(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. 938.355 or an extension order under
s. 938.365 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.
938.368(2)
(2) If a juvenile'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 juvenile while a dispositional order under
s. 938.345, a revision order under
s. 938.363 or an extension order under
s. 938.365 is in effect with respect to the juvenile, such dispositional order, revision order or extension order shall remain in effect until the earliest of the following:
938.368(2)(c)
(c) A court order terminates such dispositional order, revision order or extension order.
938.368 History
History: 1995 a. 77;
1997 a. 80.
938.37(1)(1) A court assigned to exercise jurisdiction under this chapter and
ch. 48 may not assess costs or assessments against a juvenile under 14 years of age but may assess costs against a juvenile 14 years of age or older.
938.37(3)
(3) Notwithstanding
sub. (1), courts of civil and criminal jurisdiction exercising jurisdiction under
s. 938.17 may assess the same costs, penalty assessments and jail assessments against juveniles as they may assess against adults, except that witness fees may not be charged to the juvenile.
938.37 History
History: 1995 a. 77.
938.371
938.371
Access to certain information by substitute care provider. 938.371(1)(1) If a juvenile is placed in a foster home, treatment foster home, group home, child caring institution or secured correctional facility, including a placement under
s. 938.205 or
938.21, the agency, as defined in
s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, treatment foster parent or operator of the group home, child caring institution or secured correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:
938.371(1)(a)
(a) Results of a test or a series of tests of the juvenile to determine the presence of HIV, as defined in
s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, as provided under
s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent or operator of the group home, child caring institution or secured correctional facility of the confidentiality requirements under
s. 252.15 (6).
938.371(1)(b)
(b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.
938.371(1)(c)
(c) Any other medical information concerning the juvenile that is necessary for the care of the juvenile. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.
938.371(3)
(3) At the time of placement of a juvenile in a foster home, treatment foster home, group home, child caring institution or secured correctional facility or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in
s. 938.38 (1) (a), responsible for preparing the juvenile's permanency plan shall provide to the foster parent, treatment foster parent or operator of the group home, child caring institution or secured correctional facility information contained in the court report submitted under
s. 938.33 (1) or
938.365 (2g) or permanency plan submitted under
s. 938.355 (2e) or
938.38 relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:
938.371(3)(a)
(a) Any mental, emotional, cognitive, developmental or behavioral disability of the juvenile. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this subsection shall keep the information confidential.
938.371(3)(b)
(b) Any involvement of the juvenile in any criminal gang, as defined in
s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.
938.371(3)(c)
(c) Any involvement of the juvenile in any activities that are harmful to the juvenile's physical, mental or moral well-being. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.
938.371(3)(d)
(d) Any involvement of the juvenile, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of
s. 940.225,
948.02 or
948.025, prostitution in violation of
s. 944.30, sexual exploitation of a child in violation of
s. 948.05 or causing a child to view or listen to sexual activity in violation of
s. 948.055, if the information is necessary for the care of the juvenile or for the protection of any person living in the foster home, treatment foster home, group home, child caring institution or secured correctional facility. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.
938.371(3)(e)
(e) The religious affiliation or belief of the juvenile.
938.373
938.373
Medical authorization. 938.373(1)
(1) The court assigned to exercise jurisdiction under this chapter and
ch. 48 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and
ch. 48 determines that reasonable cause exists for the services and that the juvenile is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and
ch. 48 and, except as provided in
s. 938.296 (4) and
(5), consents.
938.373 History
History: 1995 a. 77;
1999 a. 188.
PERMANENCY PLANNING; RECORDS
938.38
938.38
Permanency planning. 938.38(1)(a)
(a) "Agency" means the department, a county department or a licensed child welfare agency.
938.38(1)(am)
(am) "Independent agency" means a private, nonprofit organization, but does not include a licensed child welfare agency that is authorized to prepare permanency plans or that is assigned the primary responsibility of providing services under a permanency plan.
938.38(1)(b)
(b) "Permanency plan" means a plan designed to ensure that a juvenile is reunified with his or her family whenever appropriate, or that the juvenile quickly attains a placement or home providing long-term stability.
938.38(2)
(2) Permanency plan required. Except as provided in
sub. (3), for each juvenile living in a foster home, treatment foster home, group home, child caring institution, secure detention facility or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under
s. 938.355 shall prepare a written permanency plan, if any of the following conditions exists:
938.38(2)(b)
(b) The juvenile is in the legal custody of the agency.
938.38(2)(d)
(d) The juvenile was placed under a voluntary agreement between the agency and the juvenile's parent under
s. 48.63 (1).
938.38(2)(e)
(e) The juvenile is under the guardianship of the agency.
938.38(3)
(3) Time. Subject to
s. 938.355 (2d) (c), the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first held in physical custody or placed outside of his or her home under a court order, except under either of the following conditions:
938.38(3)(a)
(a) If the juvenile is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the juvenile be placed in a secured correctional facility, a secured child caring institution or a secured group home, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. If the court places the juvenile in any facility outside of the juvenile's home other than a secured correctional facility, a secured child caring institution or a secured group home, the agency shall file the permanency plan with the court within 60 days after the date of disposition.
938.38(3)(b)
(b) If the juvenile is held for less than 60 days in a secure detention facility, juvenile portion of a county jail or a shelter care facility, no permanency plan is required if the juvenile is returned to his or her home within that period.
938.38(4)
(4) Contents of plan. The permanency plan shall include a description of all of the following:
938.38(4)(a)
(a) The services offered and any service provided in an effort to prevent holding or placing the juvenile outside of his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to make it possible for the juvenile to return safely home, except that the permanency plan need not include a description of those services offered or provided with respect to a parent of the juvenile if any of the circumstances specified in
s. 938.355 (2d) (b) 1.,
2.,
3. or
4. apply to that parent.
938.38(4)(b)
(b) The basis for the decision to hold the juvenile in custody or to place the juvenile outside of his or her home.
938.38(4)(bm)
(bm) The availability of a safe and appropriate placement with a relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, why placement with the relative is not safe or appropriate.
938.38(4)(c)
(c) The location and type of facility in which the juvenile is currently held or placed, and the location and type of facility in which the juvenile will be placed.
938.38(4)(d)
(d) If the juvenile is living more than 60 miles from his or her home, documentation that placement within 60 miles of the juvenile's home is either unavailable or inappropriate.
938.38(4)(e)
(e) The safety and appropriateness of the placement and of the services provided to meet the needs of the juvenile and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the juvenile or, if available, why such services are not safe or appropriate.
938.38(4)(f)
(f) The services that will be provided to the juvenile, the juvenile's family and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility where the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:
938.38(4)(f)1.
1. Ensure proper care and treatment of the juvenile and promote safety and stability in the placement.
938.38(4)(f)2.
2. Meet the juvenile's physical, emotional, social, educational and vocational needs.
938.38(4)(f)3.
3. Improve the conditions of the parents' home to facilitate the safe return of the juvenile to his or her home, or, if appropriate, obtain an alternative permanent placement for the juvenile.
938.38(4)(fm)
(fm) If the permanency plan calls for placing the juvenile for adoption, with a guardian or in some other alternative permanent placement, the efforts made to place the juvenile for adoption, with a guardian or in some other alternative permanent placement.
938.38(4)(g)
(g) The conditions, if any, upon which the juvenile will be returned safely to his or her home, including any changes required in the parents' conduct, the juvenile's conduct or the nature of the home.
938.38(5)(a)(a) The court or a panel appointed under this paragraph shall review the permanency plan every 6 months from the date on which the juvenile was first held in physical custody or placed outside of his or her home. If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the juvenile or the parents of the juvenile whose permanency plan is the subject of the review.
938.38(5)(am)
(am) The court may appoint an independent agency to designate a panel to conduct a permanency plan review under
par. (a). If the court appoints an independent agency under this paragraph, the county department of the county of the court shall authorize and contract for the purchase of services from the independent agency.
938.38(5)(b)
(b) The court or the agency shall notify the parents of the juvenile, the juvenile if he or she is 10 years of age or older and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility in which the juvenile is living of the date, time and place of the review, of the issues to be determined as part of the review, of the fact that they may have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem of the date of the review, of the issues to be determined as part of the review and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.
938.38(5)(c)
(c) The court or the panel shall determine each of the following:
938.38(5)(c)1.
1. The continuing necessity for and the safety and appropriateness of the placement.
938.38(5)(c)2.
2. The extent of compliance with the permanency plan by the agency and any other service providers, the juvenile's parents, the juvenile and the juvenile's guardian, if any.
938.38(5)(c)3.
3. The extent of any efforts to involve appropriate service providers in addition to the agency's staff in planning to meet the special needs of the juvenile and the juvenile's parents.
938.38(5)(c)4.
4. The progress toward eliminating the causes for the juvenile's placement outside of his or her home and toward returning the juvenile safely to his or her home or obtaining a permanent placement for the juvenile.
938.38(5)(c)5.
5. The date by which it is likely that the juvenile will be returned to his or her home or placed for adoption, with a guardian or in some other alternative permanent placement.
938.38(5)(c)6.
6. If the juvenile has been placed outside of his or her home, as described in
s. 938.365 (1), for 15 of the most recent 22 months, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:
938.38(5)(c)6.b.
b. Having a petition for the involuntary termination of parental rights filed on behalf of the juvenile.
938.38(5)(c)7.
7. Whether reasonable efforts were made by the agency to make it possible for the juvenile to return safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the juvenile if any of the circumstances specified in
s. 938.355 (2d) (b) 1.,
2.,
3. or
4. apply to that parent.
938.38(5)(d)
(d) Notwithstanding
s. 938.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the person representing the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem a copy of the permanency plan and any written comments submitted under
par. (b). Notwithstanding
s. 938.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.
938.38(5)(e)
(e) Within 30 days, the agency shall prepare a written summary of the determinations under
par. (c) and shall provide a copy to the court that entered the order, the juvenile or the juvenile's counsel or guardian ad litem, the person representing the interests of the public, the juvenile's parent or guardian and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility where the juvenile is living.
938.38(5)(f)
(f) If the summary prepared under
par. (e) indicates that the review panel made recommendations that conflict with the court order or that provide for additional services not specified in the court order, the agency primarily responsible for providing services to the juvenile shall request a revision of the court order.
938.38(6)
(6) Rules. The department shall promulgate rules establishing the following:
938.38(6)(a)
(a) Procedures for conducting permanency plan reviews.
938.38(6)(c)
(c) Standards for reasonable efforts to prevent placement of juveniles outside of their homes, while assuring that their health and safety are the paramount concerns, and to make it possible for juveniles to return safely to their homes if they have been placed outside of their homes.
938.38(6)(d)
(d) The format for permanency plans and review panel reports.
938.38(6)(e)
(e) Standards and guidelines for decisions regarding the placement of juveniles.
938.38 Annotation
The time limits in sub. (3) are not a prerequisite to trial court jurisdiction. Interest of Scott Y.
175 Wis. 2d 222,
499 N.W.2d 219 (Ct. App. 1993).
938.38 Note
NOTE: The above annotation cite to s. 48.38, the predecessor statute to s. 938.38.
938.39
938.39
Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law coming within its jurisdiction under
s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17. This section does not affect criminal proceedings in circuit court which were transferred under
s. 938.18.
938.39 History
History: 1995 a. 77.
938.39 Annotation
The extension of a previously entered dispositional order due to the juvenile's participation in an armed robbery while subject to the order was not a "disposition" of the armed robbery charge, and the subsequent prosecution of the armed robbery charge in adult court did not violate s. 48.39 (now this section) or the constitutional protection against double jeopardy. State v. Stephens,
201 Wis. 2d 82,
548 N.W.2d 108 (Ct. App. 1996).
