938.357 Cross-reference
Cross Reference: See also ch.
DOC 393, Wis. adm. code.
938.36
938.36
Payment for services. 938.36(1)
(1)
Residential services; parental duty to support. 938.36(1)(a)(a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the juvenile by a disposition made under
s. 938.183,
938.34 or
938.345 or by a change in placement under
s. 938.357, the duty of the parent or guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the juvenile shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department of corrections, or a county department under
s. 46.215,
46.22 or
46.23, shall be determined under
s. 301.12 (14). Support payments for residential services, when purchased or otherwise funded by the department of health and family services, or a county department under
s. 51.42 or
51.437, shall be determined under
s. 46.10 (14).
938.36(1)(b)
(b) In determining the amount of support under
par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under
s. 49.22 (2m) to the department of workforce development, or the county child support agency, under
s. 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.
938.36(2)
(2) Services or treatment; county payment; parental contribution. If a juvenile whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological, or psychiatric treatment by order of the court, the court may order the county to pay for those services or treatment. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay. This subsection is subject to
s. 301.03 (18).
938.36(3)
(3) Services provided by school district. In determining county liability, this section does not apply to services specified in
ch. 115.
938.361
938.361
Payment for alcohol and other drug abuse services. 938.361(1)(a)
(a) "Alcohol and other drug abuse services" means all of the following:
938.361(2)(a)1.1. If a juvenile's parent neglects, refuses or is unable to provide court-ordered alcohol and other drug abuse services for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding
s. 938.36 (3) the court assigned to exercise jurisdiction under this chapter and
ch. 48 or municipal court may order the parent to pay for the alcohol and drug abuse services. If the parent consents to provide alcohol and other drug abuse services for a juvenile 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 alcohol and other drug abuse services the court assigned to exercise jurisdiction under this chapter and
ch. 48 or municipal court may order the health insurance provider or 3rd-party payer to pay for the alcohol and other drug abuse services in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.
938.361(2)(a)2.
2. This paragraph applies to payment for alcohol and other drug abuse services in any county, including pilot counties under
s. 938.547.
938.361(2)(am)1.1. If a court assigned to exercise jurisdiction under this chapter and
ch. 48 in a pilot county under
s. 938.547 finds that payment cannot be attained under
par. (a), the court may order payment under
par. (b).
938.361(2)(am)2.
2. If a court assigned to exercise jurisdiction under this chapter and
ch. 48 in a county that is not a pilot county under
s. 938.547 finds that payment cannot be attained under
par. (a), the court may order payment under
s. 938.34 (6) (ar) or
938.36.
938.361(2)(am)3.
3. If a municipal court finds that payment cannot be attained under
par. (a), the municipal court may order the municipality over which the municipal court has jurisdiction to pay for any alcohol and other drug abuse services ordered by the municipal court.
938.361(2)(b)1.1. In pilot counties under
s. 938.547, in addition to ordering payment under
par. (a), the court assigned to exercise jurisdiction under this chapter and
ch. 48 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 juvenile's county of legal residence to pay for the alcohol and other drug abuse services whether or not custody has been taken from the parent.
938.361(2)(b)2.
2. If a court 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 service is subject to conditions specified in
ch. 51.
938.361(2)(c)
(c) Payment for alcohol and other drug abuse services by a county department or municipality under this section does not prohibit the county department or municipality from contracting with another county department, municipality, school district, or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county or municipality 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 based upon the ability of the parent to pay. This subsection is subject to
s. 46.03 (18).
938.361 History
History: 1995 a. 77,
275;
2005 a. 344.
938.362
938.362
Payment for certain special treatment or care services. 938.362(1)(1)
Definition. In this section, "special treatment or care" has the meaning given in
s. 938.02 (17m), except that it does not include alcohol and other drug abuse services.
938.362(2)
(2) Applicability. This section applies to the payment of court-ordered special treatment or care under
s. 938.34 (6) (a) or
(am), whether or not custody has been taken from the parent.
938.362(3)
(3) Payment by parent or insurer. If a juvenile's parent neglects, refuses, or is unable to provide court-ordered special treatment or care for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding
s. 938.36 (3), the court 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 juvenile 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 special treatment or care, the court may order the health insurance provider or 3rd-party payer to pay for the special treatment or care in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.
938.362(4)(a)(a) If the court finds that payment cannot be attained under
sub. (3), the court may order the county department under
s. 51.42 or
51.437 of the juvenile's county of legal residence to pay the cost of any court-ordered special treatment or care that is provided directly by or under contract with the county department.
938.362(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.
938.362(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).
938.362 History
History: 1995 a. 77,
275;
2005 a. 344.
938.363
938.363
Revision of dispositional orders. 938.363(1)(a)(a) A juvenile, the juvenile'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. The court may also propose 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 prior to any revision of the dispositional order if the request or court proposal indicates that new information is available that affects the advisability of the court's dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves.
938.363(1)(b)
(b) If a hearing is held, the court shall notify the juvenile, the juvenile's parent, guardian, and legal custodian, all parties bound by the dispositional order, 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 at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under
s. 938.34 (3) (f) or
(6) (am) to impose more than a total of 30 days of detention, nonsecure custody, or inpatient treatment on a juvenile.
938.363(1)(c)
(c) 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 juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent 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 that statement a document setting forth the percentage standard established by the department of workforce development under
s. 49.22 (9) and listing the factors that a court may consider under
s. 301.12 (14) (c).
938.363(1)(d)
(d) If the court orders the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or if the court orders the juvenile's parent to provide that statement to the person or agency primarily responsible for implementing the dispositional order and that person or agency is not the county department, the court shall also order the juvenile's parent to provide that statement to the county department by a date specified by the court. The county department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the juvenile.
938.363(1m)
(1m) Evidence and statements. If a hearing is held under
sub. (1) (a), 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 juvenile 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. A foster parent, treatment foster parent, or other physical custodian who receives notice of a hearing under
sub. (1) (a) 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.
938.363(2)
(2) Revision of support. If the court revises the amount of child support to be paid by a parent under the dispositional order for the care and maintenance of the parent's juvenile 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 under
s. 301.12 (14).
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 the court to dismiss an order 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. The court may also propose such a dismissal.
938.364 History
History: 1995 a. 77;
2005 a. 344.
938.365
938.365
Extension of orders. 938.365(1)(1)
Date on which juvenile placed outside home. 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 a juvenile who was removed from his or her home and first placed in a juvenile detention facility, a juvenile correctional facility, or a secured residential care center for children and youth for 60 days or more and then moved to a nonsecure out-of-home placement is considered to have been placed outside of his or her home on the date on which the juvenile was moved to the nonsecure out-of-home placement.
938.365(1m)
(1m) Request for extension. 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. An order under
s. 938.355 for placement of a juvenile in detention, nonsecure custody, or inpatient treatment under
s. 938.34 (3) (f) or
(6) (am) may not be extended. Other orders or portions of orders under
s. 938.355 may be extended only as provided in this section.
938.365(2)
(2) Notice. 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 under
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) If 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 under
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 under
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 under
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 under
subd. 1. relating to reasonable efforts to achieve the goal of the juvenile's permanency plan and the findings under
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 under
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 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) Waiver of appearance. The appearance of any juvenile may be waived by consent of the juvenile, counsel or guardian ad litem.
938.365(4)
(4) Dispositions to be considered. The court shall determine which dispositions are to be considered for extensions.
938.365(5)
(5) Duration of extension. 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 attains 18 years of age, one year after the date on which the order is granted, 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 attaining 19 years of age, the date on which the juvenile attains 19 years of age, whichever is later.
938.365(6)
(6) Hearings conducted after order terminates. 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 under
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 under this subsection waives that time limit.
938.365(7)
(7) Changes in placement not permitted. 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.
938.365 Annotation
After a juvenile's dispositional order expires, a circuit court may not grant a 30-day temporary extension of the order under sub. (6). The statute does not allow for an extension by implication, by inference, or after the fact. When no temporary extension was granted prior to the expiration of the dispositional order, the circuit court could not act with respect to the juvenile once the dispositional order expired. State v. Michael S., Jr. 2005 WI 82,
282 Wis. 2d 1,
698 N.W.2d 673,
03-2934.
938.368
938.368
Continuation of dispositional orders. 938.368(1)
(1)
Termination of parental rights proceedings. 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) Placement with guardian. 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, the 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.
938.37(1)(1)
Juvenile court. 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) Civil and criminal courts. 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.
938.371
938.371
Access to certain information by substitute care provider.
