938.357(4g)(c)4.
4. The estimated length of time that aftercare supervision and services shall be provided to the juvenile.
938.357(4g)(d)
(d) A juvenile may be released from a juvenile correctional facility or a secured residential care center for children and youth whether or not an aftercare plan has been prepared under this subsection.
938.357(4m)
(4m) Release to aftercare supervision. The department shall try to release a juvenile to aftercare supervision under
sub. (4) within 30 days after the date the department determines the juvenile is eligible for the release.
938.357(5)
(5) Revocation of aftercare supervision. 938.357(5)(a)(a) The department or a county department, whichever has been designated as a juvenile's aftercare provider, may revoke the aftercare status of that juvenile. Prior notice of a change in placement under
sub. (1) (am) 1. is not required.
938.357(5)(c)
(c) The juvenile is entitled to representation by counsel at all stages of the revocation proceeding.
938.357(5)(d)
(d) A hearing on the revocation shall be conducted by the division of hearings and appeals in the department of administration within 30 days after the juvenile is taken into custody for an alleged violation of a condition of the juvenile's aftercare supervision. This time period may be waived only upon the agreement of the aftercare provider, the juvenile, and the juvenile's counsel.
938.357(5)(e)
(e) If the hearing examiner finds that the juvenile has violated a condition of aftercare supervision, the hearing examiner shall determine whether confinement in a juvenile correctional facility or a secured residential care center for children and youth is necessary to protect the public, to provide for the juvenile's rehabilitation, or to not depreciate the seriousness of the violation.
938.357(5)(f)
(f) Review of a revocation decision shall be by certiorari to the court that placed the juvenile in the juvenile correctional facility or secured residential care center for children and youth.
938.357(5)(g)
(g) The department shall promulgate rules setting standards to be used by a hearing examiner to determine whether to revoke a juvenile's aftercare status. The standards shall specify that the burden is on the department or county department seeking revocation to show by a preponderance of the evidence that the juvenile violated a condition of aftercare supervision.
938.357(5m)(a)(a) If a proposed change in placement would change a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, 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 or 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 children and families under
s. 49.22 (9) and listing the factors under
s. 301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in
s. 301.12 (14).
938.357(5m)(b)
(b) If the court orders the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and 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.
938.357(6)
(6) Duration of order. No change in placement may extend the expiration date of the original order, except that if the change in placement is from a placement in the juvenile's home to a placement in a foster home, group home, or residential care center for children and youth or in the home of a relative who is not a parent, the court may extend the expiration date of the original order to the date on which the juvenile attains 18 years of age, to the date that is one year after the date of the change in placement 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 attaining 19 years of age, to the date on which the juvenile attains 19 years of age, whichever is later, or for a shorter period of time as specified by the court. If the change in placement is from a placement in a foster home, group home, or residential care center for children and youth or in the home of a relative to a placement in the juvenile's home and if the expiration date of the original order is more than one year after the date of the change in placement order, the court shall shorten the expiration date of the original order to the date that is one year after the date of the change in placement order or to an earlier date as specified by the court.
938.357 History
History: 1995 a. 27 s.
9126 (19);
1995 a. 77,
275,
352;
1997 a. 27,
35,
80,
205,
237;
1999 a. 9,
103;
2001 a. 16,
103,
109;
2005 a. 344;
2007 a. 20,
199;
2009 a. 28,
79,
94;
2011 a. 181,
258.
938.357 Cross-reference
Cross-reference: See also ch.
DOC 393, Wis. adm. code.
938.357 Annotation
Section 938.355 provides a variety of sanctions for juveniles who have violated their dispositional orders. Section 938.357 enumerates the ways in which a juvenile's placement may be changed. Nothing in either statute indicates that it is to be the exclusive mechanism for violation of a disposition order. Section 938.34 (16) specifically allows an alternative procedure for dealing with violations of a disposition order when part of the disposition is imposed and stayed. State v. Richard J. D.
2006 WI App 242,
297 Wis. 2d 20,
724 N.W.2d 665,
06-0555.
938.358
938.358
Trial reunification. 938.358(1)(a)
(a) "Trial reunification" means a period of 7 consecutive days or longer, but not exceeding 150 days, during which a juvenile who is placed in an out-of-home placement under
s. 938.355 or
938.357 resides in the home of a relative of the juvenile from which the juvenile was removed or in the home of either of the juvenile's parents for the purpose of determining the appropriateness of changing the placement of the juvenile to that home.
938.358(1)(b)
(b) "Trial reunification home" means the home in which a juvenile resides during a trial reunification.
938.358(2)(a)(a)
Request or proposal. No trial reunification may occur without a court order. Only the person or agency primarily responsible for implementing the dispositional order may request the court to order a trial reunification. The request shall contain the name and address of the requested trial reunification home, a statement describing why the trial reunification is in the best interests of the juvenile, and a statement describing how the trial reunification satisfies the objectives of the juvenile's permanency plan. A request for a trial reunification may not be made on the sole grounds that an emergency condition necessitates an immediate removal of the juvenile from his or her out-of-home placement. If an emergency condition necessitates such an immediate removal, the person or agency primarily responsible for implementing the dispositional order shall proceed as provided in
s. 938.357 (2).
938.358(2)(b)
(b)
Notice; information required. The person or agency requesting the trial reunification shall submit the request to the court and shall cause written notice of the requested trial reunification to be sent to the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster parent or other physical custodian described in
s. 48.62 (2) of the juvenile, all parties who are bound by the dispositional order, and, if the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under
s. 938.13 (4),
(6),
(6m), or
(7), the Indian juvenile's Indian custodian and tribe. The notice shall contain the information that is required to be included in the request under
par. (a).
938.358(2)(c)
(c)
Hearing; when required. Any person receiving notice of a requested trial reunification under
par. (b) may obtain a hearing on the matter by filing an objection with the court within 10 days after the request was filed with the court. If an objection is filed, a hearing shall be held within 30 days after the request was filed with the court. Not less than 3 days before the hearing the person or agency requesting the trial reunification or the court shall provide notice of the hearing to all persons who are entitled to receive notice under
par. (b). A copy of the request for the trial reunification shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.
938.358(2)(d)
(d)
Order. If the court finds that the trial reunification is in the best interests of the juvenile and that the trial reunification satisfies the objectives of the juvenile's permanency plan, the court shall order the trial reunification. A trial reunification shall terminate 90 days after the date of the order, unless the court specifies a shorter period in the order, extends the trial reunification under
sub. (3), or revokes the trial reunification under
sub. (4) (c) or
(6) (b). No trial reunification order may extend the expiration date of the original dispositional order under
s. 938.355 or any extension order under
s. 938.365. A trial reunification under this section is not a change in placement under
s. 938.357. Unless revoked under
sub. (4) (c) or
(6) (b), at the end of a trial reunification, the person or agency primarily responsible for implementing the dispositional order shall do one of the following:
938.358(2)(d)1.
1. Return the juvenile to his or her previous out-of-home placement. The person or agency may do so without further order of the court, but within 5 days after the return the person or agency shall provide notice of the date of the return and the address of that placement to all persons who are entitled to receive notice under
par. (b).
938.358(2)(d)2.
2. Request a change in placement under
s. 938.357 to place the juvenile in a new out-of-home placement.
938.358(2)(d)3.
3. Request a change in placement under
s. 938.357 to place the juvenile in the trial reunification home.
938.358(3)(a)(a)
Extension request. The person or agency primarily responsible for implementing the dispositional order may request an extension of a trial reunification. The request shall contain a statement describing how the trial reunification continues to be in the best interests of the juvenile. No later than 10 days prior to the expiration of the trial reunification, the person or agency that requests the extension shall submit the request to the court that ordered the trial reunification and shall cause notice of the request to be provided to all persons who are entitled to receive notice under
sub. (2) (b).
938.358(3)(b)
(b)
Extension hearing; when required. Any person who is entitled to receive notice of the extension request under
par. (a) may obtain a hearing on the matter by filing an objection with the court within 10 days after the request was filed with the court. If an objection is filed, the court shall schedule a hearing on the matter. If the court is unable to conduct a hearing on the matter before the trial reunification expires, the court may extend the trial reunification for not more than 30 days without a hearing. If a hearing is scheduled, not less than 3 days before the hearing the person or agency requesting the extension or the court shall provide notice of the hearing to all persons who are entitled to receive notice of the extension request under
par. (a). A copy of the request for the extension shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.
938.358(3)(c)
(c)
Extension order. If the court finds that the trial reunification continues to be in the best interests of the juvenile, the court shall grant an order extending the trial reunification for a period specified by the court. Any number of extensions may be granted, but the total period for a trial reunification may not exceed 150 days.
938.358(4)(a)1.1. If the person or agency primarily responsible for implementing the dispositional order determines based on current circumstances that a trial reunification is no longer in the best interests of the juvenile, that person or agency may, without prior court order, remove the juvenile from the trial reunification home and place the juvenile in the juvenile's previous out-of-home placement as provided in
subd. 2. or place the juvenile in a new out-of-home placement as provided in
subd. 3.
938.358(4)(a)2.
2. If the person or agency primarily responsible for implementing the dispositional order places the juvenile in the juvenile's previous out-of-home placement, within 3 days after removing the juvenile from the trial reunification home, that person or agency shall submit a request for revocation of the trial reunification to the court that ordered the trial reunification and shall cause notice of the request to be provided to all persons who are entitled to receive notice of the trial reunification under
sub. (2) (b). The request shall contain the date on which the juvenile was removed from the trial reunification home, the address of the juvenile's current placement, and the reasons for the proposed revocation.
Paragraphs (b) and
(c) apply to a request for revocation submitted under this subdivision.
938.358(4)(a)3.
3. If the person or agency primarily responsible for implementing the dispositional order places the juvenile in a new out-of-home placement, within 3 days after removing the juvenile from the trial reunification home, that person or agency shall request a change in placement under
s. 938.357 (1) (am). The procedures specified in
s. 938.357 relating to a change in placement under
s. 938.357 (1) (am) apply to a change in placement requested under this subdivision, except that the request shall include the date on which the juvenile was removed from the trial reunification home in addition to the information required under
s. 938.357 (1) (am) 1., and the trial reunification is revoked when the change in placement order is granted.
938.358(4)(b)
(b)
Revocation hearing; when required. Any person who is entitled to receive notice of a revocation request under
par. (a) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after the request is filed with the court. If a hearing is scheduled, not less than 3 days prior to the hearing the court shall provide notice of the hearing, together with a copy of the request for the revocation, to all persons who are entitled to receive notice under
par. (a) 2. If all parties consent, the court may proceed immediately with the hearing.
938.358(4)(c)
(c)
Revocation order. If the court finds that the trial reunification is no longer in the best interests of a juvenile who has been placed in his or her previous out-of-home placement under
par. (a) 1., the court shall grant an order revoking the trial reunification.
938.358(5)
(5) Removal from foster home or other physical custodian. If a hearing is held under
sub. (2) (c) and the trial reunification would remove a juvenile from a foster home or other placement with a physical custodian described in
s. 48.62 (2), the court shall give the foster parent or other physical custodian 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 relating to the juvenile and the requested trial reunification. A foster parent or other physical custodian described in
s. 48.62 (2) who receives notice of a hearing under
sub. (2) (c) 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.
938.358(6)
(6) Prohibited trial reunifications based on homicide of parent. 938.358(6)(a)(a)
Prohibition. Except as provided in
par. (c), the court may not order a trial reunification in the home of a person who has been convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, if the conviction has not been reversed, set aside, or vacated.
938.358(6)(b)
(b)
Revocation. Except as provided in
par. (c), if a parent in whose home a juvenile is placed for a trial reunification is convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of the juvenile's other parent, and the conviction has not been reversed, set aside, or vacated, the court shall revoke the trial reunification and the juvenile shall be returned to his or her previous out-of-home placement or, pursuant to
s. 938.357, placed in a new out-of-home placement.
938.358(6)(c)
(c)
Exception. Paragraphs (a) and
(b) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.
938.358 History
History: 2011 a. 181.
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 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 children and families, 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 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).
938.362
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, the district attorney or corporation counsel in the county in which the dispositional order was entered or, if the juvenile is an Indian juvenile who is in need of protection or services under
s. 938.13 (4),
(6),
(6m), or
(7), the Indian juvenile's Indian custodian 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 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, at least 3 days before the hearing 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 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. If the juvenile is an Indian juvenile who is in need of protection or services under
s. 938.13 (4),
(6),
(6m), or
(7), the court shall also notify the Indian juvenile's Indian custodian and, if that juvenile is placed outside the home of his or her parent or Indian custodian, the Indian juvenile's tribe. 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 (6) (am) to impose more than a total of 30 days, or under
s. 938.34 (3) (f) to impose more than a total of 180 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 children and families 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.
