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 consent decree under s.
938.32, a disposition made under s.
938.183,
938.34, or
938.345, or 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, 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 365 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 the manner of its application established by the department of corrections under s.
301.12 (14) (g) and listing the factors under s.
301.12 (14) (c).
938.363(1)(d)
(d) If the court orders the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or if the court orders the juvenile's parent to provide that statement to the person or agency primarily responsible for implementing the dispositional order and that person or agency is not the county department, the court shall also order the juvenile's parent to provide that statement to the county department by a date specified by the court. The county department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the juvenile.
938.363(1m)
(1m)
Evidence and statements. If a hearing is held under sub.
(1) (a), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall give a foster parent or other physical custodian described in s.
48.62 (2) of the juvenile 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 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.
938.363(2)
(2)
Revision of support. If the court revises the amount of child support to be paid by a parent under the dispositional order for the care and maintenance of the parent's juvenile who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent under s.
301.12 (14).
938.364
938.364
Dismissal of certain dispositional orders. A juvenile, the juvenile's parent, guardian, or legal custodian, or the district attorney or corporation counsel in the county in which the dispositional order was entered may request the court to dismiss an order under s.
938.342 (2) if the juvenile shows documentary proof that he or she is enrolled in a school program or a high school equivalency program. The court may also propose such a dismissal.
938.364 History
History: 1995 a. 77;
2005 a. 344.
938.365
938.365
Extension of orders. 938.365(1)(1)
Date on which juvenile placed outside home. In this section, a juvenile is considered to have been placed outside of his or her home on the date on which the juvenile was first removed from his or her home, except that a juvenile who was removed from his or her home and first placed in a juvenile detention facility, a juvenile correctional facility, or a secured residential care center for children and youth for 60 days or more and then moved to a nonsecure out-of-home placement is considered to have been placed outside of his or her home on the date on which the juvenile was moved to the nonsecure out-of-home placement.
938.365(1m)
(1m)
Request for extension. The parent, juvenile, guardian, legal custodian, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered, the court on its own motion, 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 an extension of an order under s.
938.355. The request shall be submitted to the court that entered the order. An order under s.
938.355 for placement of a juvenile in detention, nonsecure custody, or inpatient treatment under s.
938.34 (3) (f) or
(6) (am) may not be extended. Other orders or portions of orders under s.
938.355 may be extended only as provided in this section.
938.365(2)
(2)
Notice. No order may be extended without a hearing. The court shall provide notice of the time and place of the hearing to the juvenile, the juvenile's parent, guardian, and legal custodian, all parties present at the original hearing, 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.
938.365(2g)(a)(a) At the hearing the person or agency primarily responsible for providing services to the juvenile shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the juvenile's rehabilitation or care and treatment. The office of juvenile offender review may file a written report regarding any juvenile examined by the program.
938.365(2g)(b)
(b) If the juvenile is placed outside of his or her home, the report shall include all of the following:
938.365(2g)(b)1.
1. A copy of the report of the review panel under s.
938.38 (5), if any, and a response to the report from the agency primarily responsible for providing services to the juvenile.
938.365(2g)(b)2.
2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the permanency goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the juvenile's placement.
938.365(2g)(b)3.
3. If the juvenile has been placed outside of his or her home in a foster home, group home, nonsecured 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 juvenile 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 juvenile. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the juvenile and whether or not the juvenile should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the juvenile be registered with the adoption information exchange or report the reason why registering the juvenile is contrary to the best interest of the juvenile.
938.365(2g)(b)4.
4. If the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s.
938.13 (4),
(6),
(6m), or
(7), specific information showing that active efforts under s.
938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful.
938.365(2g)(c)
(c) If the juvenile has not been placed outside the home, the report shall contain a description of efforts that have been made by all parties concerned toward meeting the objectives of treatment, care, or rehabilitation; an explanation of why these efforts have not yet succeeded in meeting the objective; and anticipated future planning for the juvenile.
938.365(2m)(a)1.1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement. If an Indian juvenile is placed outside the home of his or her parent or Indian custodian under s.
938.13 (4),
(6),
(6m), or
(7), the person or agency primarily responsible for providing services to the Indian juvenile shall also present as evidence specific information showing that active efforts under s.
938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful.
938.365(2m)(a)1m.
1m. The court shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the juvenile to achieve the permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement. If the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s.
938.13 (4),
(6),
(6m), or
(7), the findings of fact shall also include a finding that active efforts under s.
938.028 (4) (d) 2. were made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful. An order shall be issued under s.
938.355.
938.365(2m)(a)1r.a.a. If the juvenile is placed outside of his or her home and if the juvenile has one or more siblings, as defined in s.
938.38 (4) (br) 1., who have also been placed outside the home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the agency has made reasonable efforts to place the juvenile 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 juvenile 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 juvenile and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings.
938.365(2m)(a)1r.b.
b. If the juvenile is placed outside the home and if the juvenile has one or more siblings, as defined in s.
938.38 (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 juvenile to place the juvenile 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 juvenile 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 juvenile and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings.
938.365(2m)(a)2.
2. If the court finds that any of the circumstances under s.
938.355 (2d) (b) 1. to
4. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the juvenile is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.
938.365(2m)(a)3.
3. The court shall make the findings under subd.
1m. relating to reasonable efforts to achieve the permanency goal of the juvenile's permanency plan and the findings under subd.
2. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the order issued under s.
938.355. An order that merely references subd.
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.
938.365(2m)(ad)
(ad) If the court finds that any of the circumstances under s.
938.355 (2d) (b) 1. to
4. applies with respect to a parent, the court shall hold a hearing under s.
938.38 (4m) within 30 days after the date of that finding to determine the permanency goal and, if applicable, any concurrent permanency goals for the juvenile.
938.365(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.
938.365(2m)(b)
(b) If a juvenile has been placed outside the home under s.
938.345 and an extension is ordered under this subsection, the court shall state in the record the reason for the extension.
938.365(3)
(3)
Waiver of appearance. The appearance of any juvenile may be waived by consent of the juvenile, counsel or guardian ad litem.
938.365(4)
(4)
Dispositions to be considered. The court shall determine which dispositions are to be considered for extensions.
938.365(5)(a)(a) Except as provided in s.
938.368, an order under this section that continues the placement of a juvenile in his or her home or that extends an order under s.
938.34 (4d),
(4h),
(4m), or
(4n) shall be for a specified length of time not to exceed one year after the date on which the order is granted.
938.365(5)(b)
(b) Except as provided in s.
938.368, an order under this section that continues the placement of a juvenile 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 shall be for a specified length of time not to exceed the latest of the following dates:
938.365(5)(b)2.
2. The date that is one year after the date on which the order is granted.
938.365(5)(b)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.
938.365(5)(b)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.
938.365(6)
(6)
Hearings conducted after order terminates. If a request to extend a dispositional order is made prior to the termination of the order, but the court is unable to conduct a hearing on the request prior to the termination date, the court may extend the order for a period of not more than 30 days, not including any period of delay resulting from any of the circumstances under s.
938.315 (1). The court shall grant appropriate relief as provided in s.
938.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time 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.
938.365(7)
(7)
Changes in placement and trial reunifications not permitted. Nothing in this section may be construed to allow any changes in placement, trial reunification, or revocation of community supervision or aftercare supervision. Revocation and other changes in placement may take place only under s.
938.357, and trial reunifications may take place only under s.
938.358.
938.365 History
History: 1995 a. 77,
275,
352;
1997 a. 27,
35,
80,
237;
2001 a. 109;
2005 a. 344;
2007 a. 199;
2009 a. 28,
79,
94,
185;
2011 a. 181,
258;
2011 a. 260 s.
80;
2013 a. 165,
334;
2015 a. 55.
938.365 Annotation
A dispositional order may be extended without a finding of dangerousness. [cites former s. 48.365] In Interest of R.E.H.,
101 Wis. 2d 647,
305 N.W.2d 162 (Ct. App. 1981).
938.365 Annotation
An extension under sub. (6) [former s. 48.3650] 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).
938.365 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. [cites former s. 48.365] In Interest of W.P.,
153 Wis. 2d 50,
449 N.W.2d 615 (1990).
938.365 Annotation
After a juvenile's dispositional order expires, a circuit court may not grant a 30-day temporary extension of the order under sub. (6). The statute does not allow for an extension by implication, by inference, or after the fact. When no temporary extension was granted prior to the expiration of the dispositional order, the circuit court could not act with respect to the juvenile once the dispositional order expired. State v. Michael S., Jr.,
2005 WI 82,
282 Wis. 2d 1,
698 N.W.2d 673,
03-2934.
938.366
938.366
Extended out-of-home care. 938.366(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:
938.366(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.
938.355,
938.357, or
938.365 that terminates as provided in s.
938.355 (4) (am) 1.,
2., or
3.,
938.357 (6) (a) 1.,
2., or
3., or
938.365 (5) (b) 1.,
2., or
3. on or after the person attains 18 years of age.
