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).
48.365 Annotation
As I See It: Aging Out: Crossing into Adulthood Without a Net. Kilander. Wis. Law. Sept. 2014.
48.366
48.366
Extended out-of-home care. 48.366(1)(1)
Applicability. This section applies to a person who is a full-time student of a secondary school or its vocational or technical equivalent, for whom an individualized education program under s.
115.787 is in effect, and to whom any of the following applies:
48.366(1)(a)
(a) The person is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement under an order under s.
48.355,
48.357, or
48.365 that terminates as provided in s.
48.355 (4) (b) 1.,
2., or
3.,
48.357 (6) (a) 1.,
2., or
3., or
48.365 (5) (b) 1.,
2., or
3. on or after the person attains 18 years of age.
48.366(1)(b)
(b) The person is in the guardianship and custody of an agency specified in s.
48.427 (3m) (a) 1. to
4. or
(am) under an order under s.
48.43 that terminates on the date on which the person attains 18 years of age.
48.366(1)(c)
(c) The person is placed in a shelter care facility on the date on which an order specified in par.
(a) or
(b) terminates.
48.366(2)
(2)
Transition-to-discharge hearing. 48.366(2)(a)(a) Not less than 120 days before an order described in sub.
(1) (a) or
(b) terminates, the agency primarily responsible for providing services under the order shall request the person who is the subject of the order to indicate whether he or she wishes to be discharged from out-of-home care on termination of the order or wishes to continue in out-of-home care under a voluntary agreement under sub.
(3). If the person is subject to an order under s.
48.355,
48.357, or
48.365 described in sub.
(1) (a), the agency shall also request the person to indicate whether he or she wishes to continue in out-of-home care until the date specified in s.
48.365 (5) (b) 4. under an extension of the order. If the person indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency shall request a transition-to-discharge hearing under par.
(b). If the person indicates that he or she wishes to continue in out-of-home care under an extension of an order under s.
48.355,
48.357, or
48.365 described in sub.
(1) (a), the agency shall request an extension of the order under s.
48.365. If the person indicates that he or she wishes to continue in out-of-home care under a voluntary agreement under sub.
(3), the agency and the person shall enter into such an agreement.
48.366(2)(b)1.1. If the person who is the subject of an order described in sub.
(1) (a) or
(b) indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency primarily responsible for providing services to the person under the order shall request the court to hold a transition-to-discharge hearing and shall cause notice of that request to be provided to that person, the parent, guardian, and legal custodian of that person, any foster parent or other physical custodian described in s.
48.62 (2) of that person, that person's court-appointed special advocate, all parties who are bound by the dispositional order, and, if that person is an Indian child who has been removed from the home of his or her parent or Indian custodian, that person's Indian custodian and tribe.
48.366(2)(b)2.
2. The court shall hold a hearing requested under subd.
1. within 30 days after receipt of the request. Not less than 3 days before the hearing, the agency requesting the hearing shall provide notice of the hearing to all persons who are entitled to receive notice of the request under subd.
1. A copy of the request shall be attached to the notice. If all persons who are entitled to receive the notice consent, the court may proceed immediately with the hearing.
48.366(2)(b)3.
3. At the hearing the court shall review with the person who is the subject of an order described in sub.
(1) (a) or
(b) the options specified in par.
(a). If the person is subject to an order under s.
48.355,
48.357, or
48.365 described in sub.
(1) (a), the court shall also advise the person that he or she may continue in out-of-home care as provided in par.
(a) under an extension of an order under s.
48.355,
48.357, or
48.365 described in sub.
(1) (a) or under a voluntary agreement under sub.
(3).
48.366(2)(b)4.
4. If the court determines that the person who is the subject of an order described in sub.
(1) (a) or
(b) understands that he or she may continue in out-of-home care, but wishes to be discharged from that care on termination of the order, the court shall advise the person that he or she may enter into a voluntary agreement under sub.
(3) at any time before he or she is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first, so long as he or she is a full-time student at a secondary school or its vocational or technical equivalent and an individualized education program under s.
115.787 is in effect for him or her. If the court determines that the person wishes to continue in out-of-home care under an extension of an order under s.
48.355,
48.357, or
48.365 described in sub.
(1) (a), the court shall schedule an extension hearing under s.
48.365. If the court determines that the person wishes to continue in out-of-home care under a voluntary agreement under sub.
(3), the court shall order the agency primarily responsible for providing services to the person under the order to provide transition-to-independent-living services for the person under that voluntary agreement.
48.366(3)
(3)
Voluntary transition-to-independent-living agreement. 48.366(3)(a)(a) On termination of an order described in sub.
(1) (a) or
(b), the person who is the subject of the order, or the person's guardian on behalf of the person, and the agency primarily responsible for providing services to the person under the order may enter into a transition-to-independent-living agreement under which the person continues in out-of-home care and continues to be a full-time student at a secondary school or its vocational or technical equivalent under an individualized education program under s.
115.787 until the date on which the person reaches 21 years of age, is granted a high school or high school equivalency diploma, or terminates the agreement as provided in par.
(b), whichever occurs first, and the agency provides services to the person to assist him or her in transitioning to independent living.
48.366(3)(am)1.1. No later than 150 days after a transition-to-independent-living agreement is entered into, the agency primarily responsible for providing services under the agreement shall petition the court for a determination that the person's placement in out-of-home care under the agreement is in the best interests of the person. The request shall contain the name and address of the placement and specific information showing why the placement is in the best interests of the person and shall have a copy of the agreement attached to it. The agency shall cause written notice of the petition to be sent to the person who is the subject of the agreement and the person's guardian.
48.366(3)(am)2.
2. On receipt of a petition under subd.
1., the court shall set a date for a hearing on the petition that allows a reasonable time for the parties to prepare but is within 30 days after the date of receipt of the petition. Not less than 3 days before the hearing the agency primarily responsible for providing services under the agreement or the court shall provide notice of the hearing to all persons who are entitled to receive notice under subd.
1. A copy of the petition shall be attached to the notice.
48.366(3)(am)3.
3. If the court finds that the person's placement in out-of-home care under the agreement is in the best interests of the person, the court shall grant an order determining that placement in out-of-home care under the agreement is in the best interests of the person. The court shall grant or deny the order no later than 180 days after the date on which the transition-to-independent-living agreement is entered into.
48.366(3)(am)4.
4. The court shall make the findings under subd.
3. on a case-by-case basis based on circumstances specific to the person and shall document or reference the specific information on which those findings are based in the order under subd.
3. An order that merely references subd.
3. 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.
48.366(3)(b)
(b) The person who is the subject of an agreement under par.
(a) or his or her guardian may terminate the agreement at any time during the term of the agreement by notifying the agency primarily responsible for providing services under the agreement in writing that the person wishes to terminate the agreement.
48.366(3)(c)
(c) A person who terminates a voluntary agreement under this subsection, or the person's guardian on the person's behalf, may request the agency primarily responsible for providing services to the person under the agreement to enter into a new voluntary agreement under this subsection at any time before the person is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first, so long as the person is a full-time student at a secondary school or its vocational or technical equivalent and an individualized education program under s.
115.787 is in effect for him or her. If the request meets the conditions set forth in the rules promulgated under sub.
(4) (b), the agency shall enter into a new voluntary agreement with that person.
48.366(3)(d)
(d) If the agency that enters into a voluntary agreement under this subsection is the department or a county department, the voluntary agreement shall also specifically state that the department or the county department has placement and care responsibility for the person who is the subject of the agreement as required under
42 USC 672 (a) (2) and has primary responsibility for providing services to the person.
48.366(3g)
(3g)
Appeal procedures. Any person who is aggrieved by the failure of an agency to enter into a transition-to-independent-living agreement under sub.
(3) or by an agency's termination of such an agreement has the right to a contested case hearing under ch.
227.
48.366(3m)
(3m)
Cost of residential care center placements. The department is responsible for meeting the cost of a placement of a child 18 years of age or over in a residential care center for children and youth under a voluntary agreement under sub.
(3) or under an order that terminates as provided in s.
48.355 (4) (b) 4.,
48.357 (6) (a) 4., or
48.365 (5) (b) 4. The department shall meet that cost from the appropriations under s.
20.437 (1) (dd) and
(pd).
48.366(4)
(4)
Rules. The department shall promulgate rules to implement this section. Those rules shall include all of the following:
48.366(4)(a)
(a) Rules permitting a foster home, group home, or residential care center for children and youth to provide care for persons who agree to continue in out-of-home care under an extension of an order described in sub.
(1) (a) or a voluntary agreement under sub.
(3).
48.366(4)(b)
(b) Rules setting forth the conditions under which a person who has terminated a voluntary agreement under sub.
(3) and the agency primarily responsible for providing services under the agreement may enter into a new voluntary agreement under sub.
(3) (c).
48.366 Annotation
As I See It: Aging Out: Crossing into Adulthood Without a Net. Kilander. Wis. Law. Sept. 2014.
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 s.
48.977 or
48.9795, ch.
54, 2017 stats., or ch.
880, 2003 stats., 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.
48.371
48.371
Access to certain information by substitute care provider. 48.371(1)(1)
If a child is placed in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent, including a placement under s.
48.205 or
48.21, the agency, as defined in s.
48.38 (1) (a), that placed the child or arranged for the placement of the child shall provide the following information to the foster parent, relative, or operator of the group home or residential care center for children and youth at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:
48.371(1)(a)
(a) Results of an HIV test, as defined in s.
252.01 (2m), of the child, as provided under s.
252.15 (3m) (d) 15., including results included in a court report or permanency plan. At the time that the HIV test results are provided, the agency shall notify the foster parent, relative, or operator of the group home or residential care center for children and youth of the confidentiality requirements under s.
252.15 (6).
48.371(1)(b)
(b) Results of any tests of the child to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan.
48.371(1)(c)
(c) Any other medical information concerning the child that is necessary for the care of the child.
48.371(3)
(3) At the time of placement of a child in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s.
48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, relative, or operator of the group home or residential care center for children and youth information contained in the court report submitted under s.
48.33 (1),
48.365 (2g),
48.425 (1),
48.831 (2), or
48.837 (4) (c) or permanency plan submitted under s.
48.355 (2e),
48.38,
48.43 (1) (c) or
(5) (c),
48.63 (4) or
(5) (c), or
48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:
48.371(3)(a)
(a) Any mental, emotional, cognitive, developmental, or behavioral disability of the child.
48.371(3)(b)
(b) Any involvement of the child in any criminal gang, as defined in s.
939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group.
48.371(3)(c)
(c) Any involvement of the child in any activities that are harmful to the child's physical, mental, or moral well-being.
48.371(3)(d)
(d) Any involvement of the child, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s.
940.225,
948.02,
948.025, or
948.085, prostitution in violation of s.
944.30 (1m), trafficking in violation of s.
940.302 (2) if s.
940.302 (2) (a) 1. b. applies, sexual exploitation of a child in violation of s.
948.05, trafficking of a child in violation of s.
948.051, or causing a child to view or listen to sexual activity in violation of s.
948.055, if the information is necessary for the care of the child or for the protection of any person living in the foster home, group home, or residential care center for children and youth or in the home of the relative.
48.371(3)(e)
(e) The religious affiliation or belief of the child.
48.371(4)
(4) Subsection
(1) does not preclude an agency, as defined in s.
48.38 (1) (a), that is arranging for the placement of a child from providing the information specified in sub.
(1) (a) to
(c) to a person specified in sub.
(1) (intro.) before the time of placement of the child. Subsection
(3) does not preclude an agency, as defined in s.
48.38 (1) (a), responsible for preparing a child's court report or permanency plan from providing the information specified in sub.
(3) (a) to
(e) to a person specified in sub.
(3) (intro.) before the time of placement of the child.
48.371(5)
(5) Except as permitted under s.
252.15 (6), a foster parent, relative, or operator of a group home or residential care center for children and youth that receives any information under sub.
(1) or
(3), other than the information described in sub.
(3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the child or participating in a court hearing or permanency review concerning the child.
48.371 Note
NOTE: 1993 Wis. Act 395, which created this section, contains extensive explanatory notes.
48.373
48.373
Medical authorization. 48.373(1)(1)
The court assigned to exercise jurisdiction under this chapter and ch.
938 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and ch.
938 determines that reasonable cause exists for the services and that the minor is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch.
938 and consents.
48.373(3)
(3) In a proceeding under s.
48.375 (7), a circuit court exercising jurisdiction under s.
48.16 may not authorize any medical services other than the performance or inducement of an abortion.
48.375
48.375
Parental consent required prior to abortion; judicial waiver procedure. 48.375(1)(1)
Legislative findings and intent. 48.375(1)(a)1.
1. Immature minors often lack the ability to make fully informed choices that take account of both immediate and long-range consequences.
48.375(1)(a)2.
2. The medical, emotional and psychological consequences of abortion and of childbirth are serious and can be lasting, particularly when the patient is immature.
48.375(1)(a)3.
3. The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of bearing a child or of having an abortion are not necessarily related.
48.375(1)(a)4.
4. Parents ordinarily possess information essential to a physician's exercise of the physician's best medical judgment concerning a minor.
48.375(1)(a)5.
5. Parents who are aware that their minor is pregnant or has had an abortion may better ensure that she receives adequate medical attention during her pregnancy or after her abortion.
48.375(1)(a)6.
6. Parental knowledge of a minor's pregnancy and parental consent to an abortion are usually desirable and in the best interest of the minor.
48.375(1)(b)
(b) It is the intent of the legislature in enacting this section to further the purposes set forth in s.
48.01, and in particular to further the important and compelling state interests in:
48.375(1)(b)2.
2. Fostering the family structure and preserving it as a viable social unit.
48.375(1)(b)3.
3. Protecting the rights of parents to rear minors who are members of their households.
48.375(2)(a)
(a) “Abortion" means the use of any instrument, medicine, drug or any other substance or device with intent to terminate the pregnancy of a minor after implantation of a fertilized human ovum and with intent other than to increase the probability of a live birth, to preserve the life or health of the infant after live birth or to remove a dead fetus.
48.375(2)(b)
(b) “Adult family member" means any of the following who is at least 25 years of age:
48.375(2)(c)
(c) “Counselor" means a physician including a physician specializing in psychiatry, a psychologist, or an ordained member of the clergy. “Counselor" does not include any person who is employed by or otherwise affiliated with a reproductive health care facility, a family planning clinic, or a family planning agency; any person affiliated with the performance of abortions, except abortions performed to save the life of the mother; or any person who may profit from giving advice to seek an abortion.
48.375(2)(e)
(e) “Emancipated minor" means a minor who is or has been married; a minor who has previously given birth; or a minor who has been freed from the care, custody and control of her parents, with little likelihood of returning to the care, custody and control prior to marriage or prior to reaching the age of majority.
