48.363(1)(a)
(a) A child, the child's parent, guardian, legal custodian, or Indian 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 or a trial reunification, 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 which 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.
48.363(1)(b)
(b) If a hearing is held, at least 3 days before the hearing the court shall notify the child, the child's parent, guardian, legal custodian, and Indian custodian, all parties bound by the dispositional order, the child's foster parent or other physical custodian described in
s. 48.62 (2), the child's court-appointed special advocate, the district attorney or corporation counsel in the county in which the dispositional order was entered, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's tribe. If the child is the expectant mother of an unborn child under
s. 48.133, the court shall also notify the unborn child by the unborn child's guardian ad litem. If the proceeding involves an adult expectant mother of an unborn child under
s. 48.133, the court 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 all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.
48.363(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 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 under
s. 49.22 (9) and the manner of its application established by the department under
s. 49.345 (14) (g) and listing the factors that a court may consider under
s. 49.345 (14) (c).
48.363(1)(d)
(d) If the court orders the child's parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child'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 or, in a county having a population of 500,000 or more, the department, the court shall also order the child's parent to provide that statement to the county department or, in a county having a population of 500,000 or more, the department by a date specified by the court. The county department or, in a county having a population of 500,000 or more, the 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 or, in a county having a population of 500,000 or more, the 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 child.
48.363(1m)
(1m) 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 or other physical custodian described in
s. 48.62 (2) of the child a right to be heard at the hearing by permitting the 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 or other physical custodian described in
s. 48.62 (2) who receives notice of a hearing under
sub. (1) (a) and a right 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 right to be heard.
48.363(2)
(2) If the court revises a dispositional order 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. 49.345 (14).
48.363 Annotation
Sub. (1) does not set the procedure to adjudicate the issue of residence for an incompetent minor whose parent's residence has changed. Waukesha County v. Dodge County,
229 Wis. 2d 766,
601 N.W.2d 296 (Ct. App. 1999),
98-3022.
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 child was first removed from his or her home.
48.365(1m)
(1m) The parent, child, guardian, legal custodian, Indian 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 that entered the order. An order under
s. 48.355 may be extended only as provided in this section.
48.365(2)
(2) No order may be extended without a hearing. The court shall provide notice of the time and place of the hearing to the child, the child's parent, guardian, legal custodian, and Indian custodian, all the parties present at the original hearing, the child's foster parent or other physical custodian described in
s. 48.62 (2), the child's court-appointed special advocate, the district attorney or corporation counsel in the county in which the dispositional order was entered and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's tribe. If the child is an expectant mother of an unborn child under
s. 48.133, the court shall also notify the unborn child by the unborn child's guardian ad litem. If the extension hearing involves an adult expectant mother of an unborn child under
s. 48.133, the court 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, and specific information showing the efforts that have been made to achieve the permanency goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the child's placement.
48.365(2g)(b)3.
3. If the child has been placed outside of his or her home in a foster home, group home, residential care center for children and youth, or shelter care facility for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home, 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)(b)4.
4. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, specific information showing that active efforts under
s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful.
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)1.1. Any party may present evidence relevant to the issue of extension. If the child is placed outside of his or her home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the permanency goal of the child's permanency plan, including, if appropriate, through an out-of-state placement. If an Indian child is placed outside the home of his or her parent or Indian custodian, the person or agency primarily responsible for providing services to the Indian child shall also present as evidence specific information showing that active efforts under
s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful.
48.365 Note
NOTE: Subd. 1. is shown as affected by
2011 Wis. Acts 181 and
258 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.365(2m)(a)1m.
1m. The judge 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 person or agency primarily responsible for providing services to the child to achieve the permanency goal of the child's permanency plan, including, if appropriate, through an out-of-state placement. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the findings of fact shall also include a finding that active efforts under
s. 48.028 (4) (d) 2. were made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful. An order shall be issued under
s. 48.355.
48.365 Note
NOTE: Subd. 1m. is shown as affected by
2011 Wis. Acts 181 and
258 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.365(2m)(a)1r.a.a. If the child is placed outside of his or her home and if the child has one or more siblings, as defined in
s. 48.38 (4) (br) 1., who have also been placed outside the home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the agency has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the court has determined that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the agency shall present as evidence specific information showing that agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
48.365(2m)(a)1r.b.
b. If the child is placed outside the home and if the child has one or more siblings, as defined in
s. 48.38 (4) (br) 1., who have also been placed outside the home, the findings of fact shall include a finding as to whether reasonable efforts have been made by the agency primarily responsible for providing services to the child to place the child in a placement that enables the sibling group to remain together, unless the court has determined that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the findings of fact shall include a finding as to whether reasonable efforts have been made by the agency to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
48.365(2m)(a)2.
2. If the judge finds that any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the child is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home.
48.365(2m)(a)3.
3. The judge shall make the findings under
subd. 1m. relating to reasonable efforts to achieve the permanency goal of the child's permanency plan and the findings under
subd. 2. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the order issued under
s. 48.355. An order that merely references
subd. 1m. 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.
48.365(2m)(ad)
(ad) If the judge finds that any of the circumstances under
s. 48.355 (2d) (b) 1. to
5. applies with respect to a parent, the judge shall hold a hearing under
s. 48.38 (4m) within 30 days after the date of that finding to determine the permanency goal and, if applicable any concurrent permanency goals for the child.
48.365(2m)(ag)
(ag) The court shall give a foster parent or other physical custodian described in
s. 48.62 (2) who is notified of a hearing under
sub. (2) a right to be heard at the hearing by permitting the 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 or other physical custodian who receives notice of a hearing under
sub. (2) and a right 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 having the right 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, an order under this section that continues the placement of a child in his or her home or that relates to an unborn child of an adult expectant mother shall be for a specified length of time not to exceed one year after its date of entry. Except as provided in
s. 48.368, an order under this section that continues the placement of a child in an out-of-home placement shall be for a specified length of time not to exceed the date on which the child reaches 18 years of age, one year after the date of entry of the order, or, if the child 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 child reaches 19 years of age, whichever is later.
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). The court shall grant appropriate relief as provided in
s. 48.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time period specified in this subsection. Failure to object if a hearing is not held within the time period under this subsection waives any challenge to the court's competency to act on the request.
48.365(7)
(7) Nothing in this section may be construed to allow any changes in placement or trial reunifications. Changes in placement may take place only under
s. 48.357, and trial reunifications may take place only under
s. 48.358.
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;
1999 a. 32,
149;
2001 a. 109;
2007 a. 199;
2009 a. 28,
79,
94,
185;
2011 a. 181,
258;
2011 a. 260 s.
80; s. 13.92 (2) (i).
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 Wis. 2d 567,
326 N.W.2d 762 (1982).
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 18 during the extension period. In Interest of W.P.
153 Wis. 2d 50,
449 N.W.2d 615 (1990).
48.366
48.366
Extended court jurisdiction. 48.366(1)(a)(a) Subject to
par. (c), if the person committed any crime specified under
s. 940.01,
940.02,
940.05,
940.21,
940.225 (1) (a) to
(c),
948.03, or
948.04, is adjudged delinquent on that basis, and is placed in a juvenile correctional facility under s.
48.34 (4m), 1993 stats., the court shall enter an order extending its jurisdiction as follows:
48.366(1)(a)1.
1. If the act for which the person was adjudged delinquent was a violation of
s. 940.01, the order shall remain in effect until the person reaches 25 years of age or until the termination of the order under
sub. (6), whichever occurs earlier.
48.366(1)(a)2.
2. If the act for which the person was adjudged delinquent was any other violation specified in this paragraph, the order shall remain in effect until the person reaches 21 years of age or until the termination of the order under
sub. (6), whichever occurs earlier.
48.366(1)(b)
(b) Subject to
par. (c), if the person committed a crime specified in
s. 940.20 (1) or
946.43 while placed in a juvenile 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 juvenile 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, except that the department of corrections may not place any person under the age of 18 years in the correctional institution authorized in
s. 301.16 (1n). 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), except that the department of corrections may not transfer any person under the age of 18 years to the correctional institution authorized in
s. 301.16 (1n).
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, an extension order under
s. 48.365, a voluntary agreement for placement of the child under
s. 48.63, or a guardianship order under ch.
880, 2003 stats., or
s. 48.977 or
ch. 54 is in effect, the dispositional or extension order, voluntary agreement, or guardianship 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:
48.368(2)(c)
(c) A court order terminates such dispositional order, revision order or extension order.
48.37
48.37
Costs and fees. 48.37(1)(1) A court assigned to exercise jurisdiction under this chapter and
ch. 938 may not impose costs, fees, or surcharges under
ch. 814 against a child under 14 years of age but may impose costs, fees, and surcharges under
ch. 814 against a child 14 years of age or older.
48.37(2)
(2) Notwithstanding
sub. (1), no costs, fees, or surcharges may be imposed under
ch. 814 against any child in a circuit court exercising jurisdiction under
s. 48.16.
