938.364
938.364
Dismissal of certain dispositional orders. A juvenile, the juvenile's parent, guardian or legal custodian or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a judge to dismiss an order made under
s. 938.342 (2) if the juvenile shows documentary proof that he or she is enrolled in a school program or a high school equivalency program, or the court may on its own motion propose such a dismissal.
938.364 History
History: 1995 a. 77.
938.365
938.365
Extension of orders. 938.365(1)(1) In this section, a juvenile is considered to have been placed outside of his or her home on the date on which the juvenile was first removed from his or her home, except that in the case of a juvenile who on removal from his or her home was first placed in a secure detention facility, a secured correctional facility, a secured child caring institution, or a secured group home for 60 days or more and then moved to a nonsecured out-of-home placement, the juvenile is considered to have been placed outside of his or her home on the date on which the juvenile was moved to the nonsecured out-of-home placement.
938.365(1m)
(1m) The parent, juvenile, 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. 938.355. The request shall be submitted to the court which entered the order. No order under
s. 938.355 that placed a juvenile in detention, nonsecure custody or inpatient treatment under
s. 938.34 (3) (f) or
(6) (am) may be extended. No other order under
s. 938.355 may be extended except as provided in this section.
938.365(2)
(2) No order may be extended without a hearing. The court shall notify the juvenile or the juvenile's guardian ad litem or counsel, the juvenile's parent, guardian, legal custodian, all of the parties present at the original hearing, the juvenile'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.
938.365(2g)(a)(a) At the hearing the person or agency primarily responsible for providing services to the juvenile 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 juvenile's rehabilitation or care and treatment. The office of juvenile offender review may file a written report regarding any juvenile examined by the program.
938.365(2g)(b)
(b) If the juvenile is placed outside of his or her home, the report shall include all of the following:
938.365(2g)(b)1.
1. A copy of the report of the review panel under
s. 938.38 (5), if any, and a response to the report from the agency primarily responsible for providing services to the juvenile.
938.365(2g)(b)2.
2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the juvenile's placement, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in
s. 938.355 (2d) (b) 1. to
4. applies.
938.365(2g)(b)3.
3. If the juvenile has been placed outside of his or her home for 15 of the most recent 22 months, not including any period during which the juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile was returned to his or her home for a trial home visit, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the juvenile. 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 juvenile and whether or not the juvenile 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 juvenile be registered with the adoption information exchange or report the reason why registering the juvenile is contrary to the best interest of the juvenile.
938.365(2g)(c)
(c) In cases where the juvenile 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 juvenile.
938.365(2m)(a)1.1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in
s. 938.355 (2d) (b) 1. to
4. applies. The court shall make findings of fact and conclusions of law based on the evidence. 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 juvenile to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in
s. 938.355 (2d) (b) 1. to
4. applies. An order shall be issued under
s. 938.355.
938.365(2m)(a)2.
2. If the court finds that any of the circumstances specified in
s. 938.355 (2d) (b) 1. to
4. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the juvenile is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.
938.365(2m)(a)3.
3. The court shall make the findings specified in
subd. 1. relating to reasonable efforts to achieve the goal of the juvenile's permanency plan and the findings specified in
subd. 2. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the order issued under
s. 938.355. An order that merely references
subd. 1. or
2. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.
938.365(2m)(ad)1.1. If the court finds that any of the circumstances specified in
s. 938.355 (2d) (b) 1. to
4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.
938.365(2m)(ad)2.
2. If a hearing is held under
subd. 1., at least 10 days before the date of the hearing the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in
s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.
938.365(2m)(ag)
(ag) The court shall give a foster parent, treatment foster parent, or other physical custodian described in
s. 48.62 (2) who is notified of a hearing under
par. (ad) 2. or
sub. (2) 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. A foster parent, treatment foster parent, or other physical custodian described in
s. 48.62 (2) who receives notice of a hearing under
par. (ad) 2. or
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.
938.365(2m)(b)
(b) If a juvenile has been placed outside the home under
s. 938.345 and an extension is ordered under this subsection, the court shall state in the record the reason for the extension.
938.365(3)
(3) The appearance of any juvenile may be waived by consent of the juvenile, counsel or guardian ad litem.
938.365(4)
(4) The court shall determine which dispositions are to be considered for extensions.
938.365(5)
(5) Except as provided in
s. 938.368, an order under this section that continues the placement of a juvenile in his or her home or that extends an order under
s. 938.34 (4d),
(4h),
(4m), or
(4n) shall be for a specified length of time not to exceed one year after its date of entry. Except as provided in
s. 938.368, an order under this section that continues the placement of a juvenile in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall be for a specified length of time not to exceed the date on which the juvenile reaches 18 years of age, one year after the date of entry of the order, or, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, the date on which the juvenile reaches 19 years of age, whichever is later.
938.365(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. 938.315 (1). The court shall grant appropriate relief as provided in
s. 938.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time limit specified in this subsection. Failure to object if a hearing is not held within the time limit specified in this subsection waives that time limit.
938.365(7)
(7) Nothing in this section may be construed to allow any changes in placement or revocation of aftercare supervision. Revocation and other changes in placement may take place only under
s. 938.357.
938.368
938.368
Continuation of dispositional orders. 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 impose costs, fees, or surcharges under
ch. 814 against a juvenile under 14 years of age. A court may impose costs, fees, and surcharges under
ch. 814 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, fees, and surcharges imposed under
ch. 814 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;
2003 a. 139.
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, residential care center for children and youth, 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, residential care center for children and youth, 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, residential care center for children and youth, 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, residential care center for children and youth, 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, residential care center for children and youth, 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, residential care center for children and youth, 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, residential care center for children and youth, 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, residential care center for children and youth, 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, residential care center for children and youth, 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, residential care center for children and youth, 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, residential care center for children and youth, or secured correctional facility. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, 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, residential care center for children and youth, 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, and, for each juvenile living in the home of a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions specified in
pars. (a) to
(e) 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) or
(5) (b).
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) 1., the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first removed from his or her home, 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 all of the following:
938.38(4)(ag)
(ag) The name, address, and telephone number of the juvenile's parent, guardian, and legal custodian.
938.38(4)(am)
(am) The date on which the juvenile was removed from his or her home and the date on which the juvenile was placed in out-of-home care.
938.38(4)(ar)
(ar) A description of the services offered and any services provided in an effort to prevent the removal of the juvenile from his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to achieve the goal of the permanency plan, except that the permanency plan is not required to include a description of the services offered or provided with respect to a parent of the juvenile to prevent the removal of the juvenile from the home or to achieve the permanency plan goal of returning the juvenile safely to his or her home if any of the circumstances specified in
s. 938.355 (2d) (b) 1. to
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) A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, a statement as to 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)(dg)
(dg) Information about the juvenile's education, including all of the following:
938.38(4)(dg)1.
1. The name and address of the school in which the juvenile is or was most recently enrolled.
938.38(4)(dg)2.
2. Any special education programs in which the juvenile is or was previously enrolled.
938.38(4)(dg)3.
3. The grade level in which the juvenile is or was most recently enrolled and all information that is available concerning the juvenile's grade level performance.
938.38(4)(dg)4.
4. A summary of all available education records relating to the juvenile that are relevant to any education goals included in the education services plan prepared under
s. 938.33 (1) (e).
938.38(4)(dm)
(dm) If as a result of the placement the juvenile has been or will be transferred from the school in which the juvenile is or most recently was enrolled, documentation that a placement that would maintain the juvenile in that school is either unavailable or inappropriate or that a placement that would result in the juvenile's transfer to another school would be in the juvenile's best interests.
938.38(4)(dr)
(dr) Medical information relating to the juvenile, including all of the following:
