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AB68-SSA1,1451,219 938.20 (8) (c) If a juvenile who has violated a condition of community
20supervision or
aftercare supervision, a condition of the juvenile's placement in a Type
212 juvenile correctional facility or a Type 2 residential care center for children and
22youth,
or a condition of the juvenile's participation in the intensive supervision
23program under s. 938.534 is held in custody, the intake worker shall also notify the
24department of corrections or county department, whichever has supervision over the
25juvenile, of the reasons for holding the juvenile in custody, of the juvenile's

1whereabouts, and of the time and place of the detention hearing required under s.
2938.21.
AB68-SSA1,3155 3Section 3155. 938.205 (1) (c) of the statutes is amended to read:
AB68-SSA1,1451,114 938.205 (1) (c) That the juvenile will run away or be taken away so as to be
5unavailable for proceedings of the court or its officers, proceedings of the division of
6hearings and appeals in the department of administration for revocation of
7community supervision or aftercare supervision, or action by the department of
8corrections or county department relating to a violation of a condition of the juvenile's
9placement in a Type 2 juvenile correctional facility or a Type 2 residential care center
10for children and youth or
a condition of the juvenile's participation in the intensive
11supervision program under s. 938.534.
AB68-SSA1,3156 12Section 3156. 938.208 (1) (intro.) of the statutes is amended to read:
AB68-SSA1,1451,2513 938.208 (1) Delinquent act and risk of harm or running away. (intro.)
14Probable cause exists to believe that the juvenile has committed a delinquent act and
15either presents a substantial risk of physical harm to another person or a substantial
16risk of running away so as to be unavailable for a court hearing, a revocation of
17community supervision or aftercare supervision hearing, or action by the
18department of corrections or county department relating to a violation of a condition
19of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2
20residential care center for children and youth or a condition of
the juvenile's
21participation in the intensive supervision program under s. 938.534. For juveniles
22who have been adjudged delinquent, the delinquent act referred to in this section
23may be the act for which the juvenile was adjudged delinquent. If the intake worker
24determines that any of the following conditions applies, the juvenile is considered to
25present a substantial risk of physical harm to another person:
AB68-SSA1,3157
1Section 3157. 938.208 (1) (b) of the statutes is amended to read:
AB68-SSA1,1452,62 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed,
3used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d),
4short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
5defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
6under ch. 940 if committed by an adult.
AB68-SSA1,3158 7Section 3158. 938.21 (1) (c) of the statutes is created to read:
AB68-SSA1,1452,168 938.21 (1) (c) If the juvenile is held in custody in a residential care center for
9children and youth, group home, or shelter care facility certified under s. 48.675, the
10qualified individual shall conduct a standardized assessment and the agency
11primarily responsible for providing services under the custody order shall submit it
12and the recommendation of the qualified individual who conducted the standardized
13assessment, including all of the following, to the court and all persons who are
14required to receive a copy of the petition or request under par. (b) no later than the
15hearing or, if not available by that time, no later than 30 days after the date on which
16the placement is made:
AB68-SSA1,1452,1817 1. Whether the proposed placement will provide the juvenile with the most
18effective and appropriate level of care in the least restrictive environment.
AB68-SSA1,1452,2019 2. How the placement is consistent with the short-term and long-term goals
20for the juvenile, as specified in the permanency plan.
AB68-SSA1,1452,2321 3. The reasons why the juvenile's needs can or cannot be met by the juvenile's
22family or in a foster home. A shortage or lack of foster homes is not an acceptable
23reason for determining that the juvenile's needs cannot be met in a foster home.
AB68-SSA1,1453,3
14. The placement preference of the family permanency team under s. 938.38
2(3m) and, if that preference is not the placement recommended by the qualified
3individual, why that recommended placement is not preferred.
AB68-SSA1,3159 4Section 3159. 938.21 (5) (b) 2g. of the statutes is created to read:
AB68-SSA1,1453,105 938.21 (5) (b) 2g. Except as provided in par. (cm), if the juvenile is held in
6custody in a residential care center for children and youth, group home, or shelter
7care facility certified under s. 48.675, a finding as to each of the following, the
8answers to which do not affect whether the placement may be made, after
9considering the standardized assessment and the recommendation submitted by the
10qualified individual who conducted the standardized assessment under sub. (1) (c):
AB68-SSA1,1453,1211 a. Whether the needs of the juvenile can be met through placement in a foster
12home.
AB68-SSA1,1453,1613 b. Whether placement of the juvenile in a residential care center for children
14and youth, group home, or shelter care facility certified under s. 48.675 provides the
15most effective and appropriate level of care for the juvenile in the least restrictive
16environment.
AB68-SSA1,1453,1817 c. Whether the placement is consistent with the short-term and long-term
18goals for the juvenile, as identified in the permanency planning.
AB68-SSA1,1453,1919 d. Whether the court approves or disapproves the placement.
AB68-SSA1,3160 20Section 3160. 938.21 (5) (cm) of the statutes is created to read:
AB68-SSA1,1454,221 938.21 (5) (cm) If the results of the standardized assessment and
22recommendation of the qualified individual who conducted the standardized
23assessment are required under sub. (1) (c) but not available at the time of the order,
24the court shall defer making the findings under par. (b) 2g. as provided in this

1paragraph. No later than 60 days after the date on which the placement is made, the
2court shall issue an order making the findings under par. (b) 2g.
AB68-SSA1,3161 3Section 3161. 938.217 (1) (b) 2. of the statutes is amended to read:
AB68-SSA1,1454,84 938.217 (1) (b) 2. The notice shall contain the name and address of the new
5placement, the reasons for the change in placement, whether the new placement is
6certified under s. 48.675,
and a statement describing why the new placement is
7preferable to the present placement. The person sending the notice shall file the
8notice with the court on the same day that the notice is sent.
AB68-SSA1,3162 9Section 3162. 938.217 (1) (b) 3. and 4. of the statutes are created to read:
AB68-SSA1,1454,1910 938.217 (1) (b) 3. If the proposed change in placement would place the juvenile
11in a residential care center for children and youth, group home, or shelter care facility
12certified under s. 48.675, the qualified individual shall conduct a standardized
13assessment and the intake worker or agency primarily responsible for providing
14services under a temporary physical custody order shall submit it and the
15recommendation of the qualified individual who conducted the standardized
16assessment, including all of the following, to the court and all persons who are
17required to receive the notice under subd. 1. no later than the filing of that notice or,
18if not available by that time, and except as provided under subd. 4., no later than 10
19days after the notice is filed:
AB68-SSA1,1454,2120 a. Whether the proposed placement will provide the juvenile with the most
21effective and appropriate level of care in the least restrictive environment.
AB68-SSA1,1454,2322 b. How the placement is consistent with the short-term and long-term goals
23for the juvenile, as specified in the permanency plan.
AB68-SSA1,1455,3
1c. The reasons why the juvenile's needs can or cannot be met by the juvenile's
2family or in a foster home. A shortage or lack of foster homes is not an acceptable
3reason for determining that the juvenile's needs cannot be met in a foster home.
AB68-SSA1,1455,64 d. The placement preference of the family permanency team under s. 938.38
5(3m) and, if that preference is not the placement recommended by the qualified
6individual, why that recommended placement is not preferred.
AB68-SSA1,1455,117 4. If, for good cause shown, the information required to be submitted under
8subd. 3. is not available by the deadline under that subdivision, the intake worker
9or agency primarily responsible for providing services under a temporary physical
10custody order shall submit it no later than 30 days after the date on which the
11placement is made.
AB68-SSA1,3163 12Section 3163. 938.217 (2) of the statutes is renumbered 938.217 (2) (a).
AB68-SSA1,3164 13Section 3164. 938.217 (2) (b) and (c) of the statutes are created to read:
AB68-SSA1,1455,2214 938.217 (2) (b) 1. If the emergency change in placement under par. (a) results
15in a juvenile being placed in a residential care center for children and youth, group
16home, or shelter care facility certified under s. 48.675, the qualified individual shall
17conduct a standardized assessment and the intake worker or agency primarily
18responsible for providing services under a temporary physical custody order shall
19submit it and the recommendation of the qualified individual who conducted the
20standardized assessment, including the information specified under sub. (1) (b) 3.
21with the notice under par. (a) or, if not available at that time, and except as provided
22under subd. 2., no later than 10 days after the filing of that notice.
AB68-SSA1,1456,223 2. If, for good cause shown, the information required to be submitted under
24subd. 1. is not available by the deadline under that subdivision, the intake worker
25or agency primarily responsible for providing services under a temporary physical

1custody order shall submit it no later than 30 days after the date on which the
2placement was made.
AB68-SSA1,1456,93 (c) If the emergency change in placement under par. (a) results in a juvenile
4being placed in a residential care center for children and youth, group home, or
5shelter care facility certified under s. 48.675, the court shall, no later than 60 days
6after the placement is made, issue an order making all of the findings required under
7sub. (2v) (d) 1., the answers to which do not affect whether the placement may be
8made, after considering the standardized assessment and the recommendation of
9the qualified individual who conducted the standardized assessment.
AB68-SSA1,3165 10Section 3165. 938.217 (2m) (b) 3. of the statutes is created to read:
AB68-SSA1,1456,1911 938.217 (2m) (b) 3. If the change in placement results in a juvenile being placed
12in a residential care center for children and youth, group home, or shelter care facility
13certified under s. 48.675, the qualified individual shall conduct a standardized
14assessment and the agency primarily responsible for providing services under the
15temporary physical custody order shall submit it and the recommendation of the
16qualified individual who conducted the standardized assessment, including the
17information under sub. (1) (b) 3., to the court and to all persons who are required to
18receive the notice under subd. 2., no later than the hearing or, if not available by that
19time, no later than 30 days after the date on which the placement is made.
AB68-SSA1,3166 20Section 3166. 938.217 (2v) (d) 1. and 2. of the statutes are created to read:
AB68-SSA1,1457,221 938.217 (2v) (d) 1. Except as provided in subd. 2., if the court changes the
22placement to a residential care center for children and youth, group home, or shelter
23care facility certified under s. 48.675, the change-in-placement order shall contain
24a finding as to each of the following, the answers to which do not affect whether the
25placement may be made, after considering the standardized assessment and the

1recommendation of the qualified individual who conducted the standardized
2assessment:
AB68-SSA1,1457,43 a. Whether the needs of the juvenile can be met through placement in a foster
4home.
AB68-SSA1,1457,85 b. Whether placement of the juvenile in a residential care center for children
6and youth, group home, or shelter care facility certified under s. 48.675 provides the
7most effective and appropriate level of care for the juvenile in the least restrictive
8environment.
AB68-SSA1,1457,109 c. Whether the placement is consistent with the short-term and long-term
10goals for the juvenile, as specified in the permanency plan.
AB68-SSA1,1457,1111 d. Whether the court approves or disapproves the placement.
AB68-SSA1,1457,1712 2. If the results of the standardized assessment and recommendation of the
13qualified individual who conducted the standardized assessment are not available
14at the time of the order, the court shall defer making the findings under subd. 1. as
15provided in this subdivision. No later than 60 days after the date on which the
16placement was made, the court shall issue an order making the findings under subd.
171.
AB68-SSA1,3167 18Section 3167. 938.22 (2) (d) of the statutes is repealed.
AB68-SSA1,3168 19Section 3168. 938.23 (1m) (as) of the statutes is created to read:
AB68-SSA1,1457,2120 938.23 (1m) (as) A juvenile subject to a dispositional order under s. 938.34 (4p)
21is entitled to representation by counsel at the hearing under s. 938.369.
AB68-SSA1,3169 22Section 3169. 938.245 (2g) of the statutes is amended to read:
AB68-SSA1,1458,423 938.245 (2g) Graffiti violation. If the deferred prosecution agreement is
24based on an allegation that the juvenile violated s. 943.017 and the juvenile has
25attained 10 12 years of age, the agreement may require that the juvenile participate

1for not less than 10 hours nor more than 100 hours in a supervised work program
2under s. 938.34 (5g) or perform not less than 10 hours nor more than 100 hours of
3other community service work, except that if the juvenile has not attained 14 years
4of age the maximum number of hours is 40.
AB68-SSA1,3170 5Section 3170 . 938.255 (1) (intro.) of the statutes is amended to read:
AB68-SSA1,1458,126 938.255 (1) Title and contents. (intro.) A petition initiating proceedings
7under this chapter, other than a petition initiating proceedings under s. 938.12,
8938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a
9person under the age of 18".." A petition initiating proceedings under s. 938.12,
10938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person
11under the age of 17".
juvenile." A petition initiating proceedings under this chapter
12shall specify all of the following:
AB68-SSA1,3171 13Section 3171 . 938.299 (1) (a) of the statutes is amended to read:
AB68-SSA1,1459,214 938.299 (1) (a) Except as provided in par. (ar), the The general public shall be
15excluded from hearings under this chapter unless a public fact-finding hearing is
16demanded by a juvenile through his or her counsel. The court shall refuse to grant
17the public hearing, however, if the victim of an alleged sexual assault objects or, in
18a nondelinquency proceeding, if a parent or guardian objects. If a public hearing is
19not held, only the parties, their counsel, witnesses, a representative of the news
20media who wishes to attend the hearing for the purpose of reporting news without
21revealing the identity of the juvenile involved and other persons requested by a party
22and approved by the court may be present. Any other person the court finds to have
23a proper interest in the case or in the work of the court, including a member of the
24bar or a person engaged in the bona fide research, monitoring, or evaluation of

1activities conducted under 42 USC 629h, as determined by the director of state
2courts, may be admitted by the court.
AB68-SSA1,3172 3Section 3172 . 938.299 (1) (ar) of the statutes is repealed.
AB68-SSA1,3173 4Section 3173 . 938.299 (1) (av) of the statutes is amended to read:
AB68-SSA1,1459,65 938.299 (1) (av) If a public hearing is held under par. (a) or (ar), any person may
6disclose to anyone any information obtained as a result of that hearing.
AB68-SSA1,3174 7Section 3174 . 938.299 (2) of the statutes is created to read:
AB68-SSA1,1459,128 938.299 (2) Use of restraints on a juvenile. (a) Except as provided in par. (b),
9instruments of restraint such as handcuffs, chains, irons, or straitjackets, cloth and
10leather restraints, or other similar items may not be used on a juvenile during a court
11proceeding under this chapter and shall be removed prior to the juvenile being
12brought into the courtroom to appear before the court.
AB68-SSA1,1459,1513 (b) A court may order a juvenile to be restrained during a court proceeding upon
14request of the district attorney, corporation counsel, or other appropriate official
15specified under s. 938.09 if the court finds all of the following:
AB68-SSA1,1459,1616 1. That the use of restraints is necessary due to one of the following factors:
AB68-SSA1,1459,1817 a. Instruments of restraint are necessary to prevent physical harm to the
18juvenile or another person.
AB68-SSA1,1459,2219 b. The juvenile has a history of disruptive courtroom behavior that has placed
20others in potentially harmful situations or the juvenile presents a substantial risk
21of inflicting physical harm on himself or herself or others as evidenced by recent
22behavior.
AB68-SSA1,1459,2423 c. There is a reasonable belief that the juvenile presents a substantial risk of
24flight from the courtroom.
AB68-SSA1,1460,3
12. That there are no less restrictive alternatives to restraints that will prevent
2flight or physical harm to the juvenile or another person, including the presence of
3court personnel, law enforcement officers, or bailiffs.
AB68-SSA1,1460,64 (c) The court shall provide the juvenile's attorney an opportunity to be heard
5before the court orders the use of restraints under par. (b). The court shall make
6written findings of fact in support of any order to use restraints under par. (b).
AB68-SSA1,1460,97 (d) If the court orders a juvenile to be restrained under par. (b), the restraints
8shall allow the juvenile limited movement of the hands to read and handle
9documents and writings necessary to the hearing.
AB68-SSA1,1460,1110 (e) No juvenile may be restrained during a court proceeding under this chapter
11using fixed restraints attached to a wall, floor, or furniture.
AB68-SSA1,3175 12Section 3175. 938.31 (2) of the statutes is amended to read:
AB68-SSA1,1460,2213 938.31 (2) Hearing to the court; procedures. The Except as provided in s.
14938.184 (6) (a), the
hearing shall be to the court. If the hearing involves a child
15victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s. 950.02
16(5), the court may order that a deposition be taken by audiovisual means and allow
17the use of a recorded deposition under s. 967.04 (7) to (10) and, with the district
18attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court
19shall make a determination of the facts. If the court finds that the juvenile is not
20within the jurisdiction of the court or the court finds that the facts alleged in the
21petition or citation have not been proved, the court shall dismiss the petition or
22citation with prejudice.
AB68-SSA1,3176 23Section 3176. 938.32 (1) (br) of the statutes is created to read:
AB68-SSA1,1461,624 938.32 (1) (br) If the consent decree places a juvenile in a residential care center
25for children and youth, group home, or shelter care facility certified under s. 48.675,

1the qualified individual shall conduct a standardized assessment and the agency
2primarily responsible for providing services to the juvenile shall submit it and the
3recommendation of the qualified individual who completed the assessment,
4including all of the following, to the court and to all persons who are parties to the
5consent decree, no later than the time the consent decree is entered or, if not available
6by that time, no later than 30 days after the date on which the placement is made:
AB68-SSA1,1461,87 1. Whether the proposed placement will provide the juvenile with the most
8effective and appropriate level of care in the least restrictive environment.
AB68-SSA1,1461,109 2. How the placement is consistent with the short-term and long-term goals
10for the juvenile, as specified in the permanency plan.
AB68-SSA1,1461,1311 3. The reasons why the juvenile's needs can or cannot be met by the juvenile's
12family or in a foster home. A shortage or lack of foster homes is not an acceptable
13reason for determining that the juvenile's needs cannot be met in a foster home.
AB68-SSA1,1461,1614 4. The placement preference of the family permanency team under s. 938.38
15(3m) and, if that preference is not the placement recommended by the qualified
16individual, why that recommended placement is not preferred.
AB68-SSA1,3177 17Section 3177. 938.32 (1) (c) 1r. of the statutes is created to read:
AB68-SSA1,1461,2318 938.32 (1) (c) 1r. Except as provided in par. (cd), if the juvenile is placed in a
19residential care center for children and youth, group home, or shelter care facility
20certified under s. 48.675, a finding as to each of the following, the answers to which
21do not affect whether the placement may be made, after considering the
22standardized assessment and the recommendation of the qualified individual who
23conducted the standardized assessment under par. (br):
AB68-SSA1,1461,2524 a. Whether the needs of the juvenile can be met through placement in a foster
25home.
AB68-SSA1,1462,4
1b. Whether placement of the juvenile in a residential care center for children
2and youth, group home, or shelter care facility certified under s. 48.675 provides the
3most effective and appropriate level of care for the juvenile in the least restrictive
4environment.
AB68-SSA1,1462,65 c. Whether the placement is consistent with the short-term and long-term
6goals for the juvenile, as specified in the permanency plan.
AB68-SSA1,1462,77 d. Whether the court approves or disapproves the placement.
AB68-SSA1,3178 8Section 3178. 938.32 (1) (cd) of the statutes is created to read:
AB68-SSA1,1462,149 938.32 (1) (cd) If the results of the standardized assessment and
10recommendation of the qualified individual who conducted the standardized
11assessment are required but not available at the time of the order, the court shall
12defer making the findings under par. (c) 1r. as provided in this paragraph. No later
13than 60 days after the date on which the placement was made, the court shall issue
14an order making the findings under par. (c) 1r.
AB68-SSA1,3179 15Section 3179. 938.32 (1x) of the statutes is amended to read:
AB68-SSA1,1462,2216 938.32 (1x) Supervised work program. If the petition alleges that the juvenile
17violated s. 943.017 and the juvenile has attained 10 12 years of age, the court may
18require, as a condition of the consent decree, that the juvenile participate for not less
19than 10 hours nor more than 100 hours in a supervised work program under s. 938.34
20(5g) or perform not less than 10 hours nor more than 100 hours of other community
21service work, except that if the juvenile has not attained 14 years of age the
22maximum number of hours is a total of 40 under the consent decree.
AB68-SSA1,3180 23Section 3180. 938.33 (3) (c) of the statutes is created to read:
AB68-SSA1,1463,424 938.33 (3) (c) A recommendation for the specific juvenile correctional facility
25or secured residential care center for children and youth in which the juvenile should

1be placed. An agency recommending placement of the juvenile under the supervision
2of the department of corrections in a juvenile correctional facility shall, in
3consultation with the department of corrections, base its recommendation on an
4assessment of the juvenile's needs.
AB68-SSA1,3181 5Section 3181 . 938.33 (3r) of the statutes is repealed.
AB68-SSA1,3182 6Section 3182. 938.33 (4) (cm) of the statutes is created to read:
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