938.357(3)
(3) Placement in juvenile correctional facility. Subject to
subs. (4) (b) and
(c) and
(5) (e), if the proposed change in placement would involve placing a juvenile in a juvenile correctional facility or a secured residential care center for children and youth, notice shall be given as provided in
sub. (1) (am) 1. A hearing shall be held, unless waived by the juvenile, parent, guardian, and legal custodian, before the court makes a decision on the request. The juvenile is entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the court finds, on the record, that the conditions set forth in
s. 938.34 (4m) have been met.
938.357(4)(a)(a) When the juvenile is placed with the department, the department may, after an examination under
s. 938.50, place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth or on aftercare supervision, either immediately or after a period of placement in a juvenile correctional facility or a secured residential care center for children and youth. The department shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under
s. 938.34 (4n), if any, and committing court. If the department places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare agency, the department shall reimburse the child welfare agency at the rate established under
s. 49.343 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth remains under the supervision of the department, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in
s. 946.42 (1) (a).
938.357(4)(b)1.1. If a juvenile whom the department has placed in a Type 2 juvenile correctional facility operated by a child welfare agency violates a condition of his or her placement in the Type 2 juvenile correctional facility, the child welfare agency operating the Type 2 juvenile correctional facility shall notify the department and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility under the supervision of the department, without a hearing under
sub. (1) (am) 2.
938.357(4)(b)2.
2. If a juvenile whom the court has placed in a Type 2 residential care center for children and youth under
s. 938.34 (4d) violates a condition of his or her placement in the Type 2 residential care center for children and youth, the child welfare agency operating the Type 2 residential care center for children and youth shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department, and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility under the supervision of the department, without a hearing under
sub. (1) (am) 2., for not more than 10 days. If a juvenile is placed in a Type 1 juvenile correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 residential care center for children and youth in which the juvenile was placed at the rate established under
s. 49.343, and that child welfare agency shall reimburse the department at the rate specified in
s. 301.26 (4) (d) 2. or
3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 juvenile correctional facility.
938.357(4)(b)3.
3. The child welfare agency operating the Type 2 juvenile correctional facility or Type 2 residential care center for children and youth shall send written notice of a change in placement under
subd. 1. or
2. to the parent, guardian, legal custodian, county department, and committing court.
938.357(4)(b)4.
4. A juvenile may seek review of a decision of the department under
subd. 1. or
2. only by the common law writ of certiorari.
938.357(4)(c)1.1. If a juvenile is placed in a Type 2 juvenile correctional facility operated by a child welfare agency under
par. (a) and it appears that a less restrictive placement would be appropriate for the juvenile, the department, after consulting with the child welfare agency that is operating the Type 2 juvenile correctional facility, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 juvenile correctional facility without a hearing under
sub. (1) (am) 2. The rate for each type of placement shall be established by the department of children and families, in consultation with the department, in the manner provided in
s. 49.343.
938.357(4)(c)2.
2. If a juvenile is placed in a Type 2 residential care center for children and youth under
s. 938.34 (4d) and it appears that a less restrictive placement would be appropriate for the juvenile, the child welfare agency operating the Type 2 residential care center for children and youth shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency may place the juvenile in a less restrictive placement. A child welfare agency may also, with the agreement of the county department that has supervision over a juvenile who is placed in a less restrictive placement under this subdivision, return the juvenile to the Type 2 residential care center for children and youth without a hearing under
sub. (1) (am) 2. The rate for each type of placement shall be established by the department of children and families, in consultation with the department, in the manner provided in
s. 49.343.
938.357(4)(c)3.
3. The child welfare agency operating the Type 2 juvenile correctional facility or Type 2 residential care center for children and youth shall send written notice of a change in placement under
subd. 1. or
2. to the parent, guardian, legal custodian, county department, and committing court.
938.357(4)(c)4.
4. A juvenile may seek review of a decision of the department or county department under
subd. 1. or
2. only by the common law writ of certiorari.
938.357(4d)
(4d) Prohibited placements based on homicide of parent. 938.357(4d)(a)(a) Except as provided in
par. (b), the court may not change a juvenile's placement to a placement in the home of a person who has been convicted of the homicide of a parent of the juvenile under
s. 940.01 or
940.05, if the conviction has not been reversed, set aside, or vacated.
938.357(4d)(am)
(am) Except as provided in
par. (b), if a parent in whose home a juvenile is placed is convicted of the homicide of the juvenile's other parent under
s. 940.01 or
940.05, and the conviction has not been reversed, set aside, or vacated, the court shall change the juvenile's placement to a placement out of the home of the parent on petition of the juvenile, the guardian or legal custodian of the juvenile, a person or agency bound by the dispositional order, or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion with notice to the parent.
938.357(4d)(b)
(b) Paragraphs (a) and
(am) 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.
938.357(4g)(a)(a) Not later than 120 days after the date on which the juvenile is placed in a juvenile correctional facility or a secured residential care center for children and youth, or within 30 days after the date on which the department requests the aftercare plan, whichever is earlier, the aftercare provider designated under
s. 938.34 (4n) shall prepare an aftercare plan for the juvenile. If the designated aftercare provider is a county department, that county department shall submit the aftercare plan to the department within the applicable time period specified in this paragraph, unless the department waives the time period under
par. (b).
938.357(4g)(b)
(b) The department may waive the time period within which an aftercare plan must be prepared and submitted under
par. (a) if the department anticipates that the juvenile will remain in the juvenile correctional facility or secured residential care center for children and youth for a period exceeding 8 months or if the juvenile is subject to
s. 938.183. If the department waives that time period, the designated aftercare provider shall prepare the aftercare plan within 30 days after the date on which the department requests the aftercare plan.
938.357(4g)(c)
(c) An aftercare plan shall include all of the following:
938.357(4g)(c)2.
2. The conditions, if any, under which the juvenile's aftercare status may be revoked.
938.357(4g)(c)3.
3. Services or programming to be provided to the juvenile while on aftercare.
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)(a)(a) 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, in the home of a relative who is not a parent, or in a supervised independent living arrangement, the court may extend the expiration date of the original order to the latest of the following dates, unless the court specifies a shorter period:
938.357(6)(a)2.
2. The date that is one year after the date on which the change in placement order is granted.
938.357(6)(a)3.
3. The date on which the juvenile is granted a high school or high school equivalency diploma or the date on which the juvenile attains 19 years of age, whichever occurs first, 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.
938.357(6)(a)4.
4. The date on which the juvenile is granted a high school or high school equivalency diploma or the date on which the juvenile attains 21 years of age, whichever occurs first, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under
s. 115.787 is in effect for the juvenile. The court may not grant an order that terminates as provided in this subdivision unless the juvenile is 17 years of age or older when the order is granted and the juvenile, or the juvenile's guardian on behalf of the juvenile, agrees to the order. At any time after the juvenile attains 18 years of age, the juvenile, or the juvenile's guardian on behalf of the juvenile, may request the court in writing to terminate the order and, on receipt of such a request, the court, without a hearing, shall terminate the order.
938.357(6)(b)
(b) 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 on which the change in placement order is granted, the court shall shorten the expiration date of the original order to the date that is one year after the date on which the change in placement order is granted 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;
2013 a. 334.
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:
