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AB68-SSA1,1501,93 a. Whether ongoing assessment of the strengths and needs of the juvenile
4continues to support the determination that the needs of the juvenile cannot be met
5through placement in a foster home, whether the placement in a qualified residential
6treatment program provides the most effective and appropriate level of care for the
7juvenile in the least restrictive environment, and how the placement is consistent
8with the short-term and long-term goals for the juvenile, as specified in the
9juvenile's permanency plan.
AB68-SSA1,1501,1210 b. The specific treatment or service needs that will be met for the juvenile in
11the placement and the length of the time the juvenile is expected to need the
12treatment or services.
AB68-SSA1,1501,1513 c. The efforts made by the agency to prepare the juvenile to return home or to
14be placed with a fit and willing relative, a guardian, or an adoptive parent or in a
15foster home.
AB68-SSA1,3271 16Section 3271. 938.38 (5m) (d) of the statutes is amended to read:
AB68-SSA1,1502,617 938.38 (5m) (d) At least 5 days before the date of the hearing the agency that
18prepared the permanency plan shall provide a copy of the permanency plan, any
19information submitted under par. (cm),
and any written comments submitted under
20par. (c) 1. to the court, to the juvenile's parent, guardian, and legal custodian, to the
21person representing the interests of the public, to the juvenile's counsel or guardian
22ad litem, and, if the juvenile is an Indian juvenile who is placed outside the home of
23his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), to the Indian
24juvenile's Indian custodian and tribe. Notwithstanding s. 938.78 (2) (a), the person
25representing the interests of the public, the juvenile's counsel or guardian ad litem,

1and, if the juvenile is an Indian juvenile who is placed outside the home of his or her
2parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's
3Indian custodian and tribe may have access to any other records concerning the
4juvenile for the purpose of participating in the review. A person permitted access to
5a juvenile's records under this paragraph may not disclose any information from the
6records to any other person.
AB68-SSA1,3272 7Section 3272 . 938.39 of the statutes is amended to read:
AB68-SSA1,1502,12 8938.39 Disposition by court bars criminal proceeding. Disposition by the
9court of any violation of state law within its jurisdiction under s. 938.12 bars any
10future criminal proceeding on the same matter in circuit court when the juvenile
11reaches the age of 17 becomes an adult. This section does not affect criminal
12proceedings in circuit court that were transferred under s. 938.18.
AB68-SSA1,3273 13Section 3273. 938.396 (1) (b) 5. of the statutes is amended to read:
AB68-SSA1,1502,1514 938.396 (1) (b) 5. The disclosure of information relating to a juvenile 10 12 years
15of age or over who is subject to the jurisdiction of a court of criminal jurisdiction.
AB68-SSA1,3274 16Section 3274. 938.396 (1) (b) 6. of the statutes is created to read:
AB68-SSA1,1502,1817 938.396 (1) (b) 6. The disclosure of information relating to a case in which an
18extended dispositional order is entered under s. 938.369 (3).
AB68-SSA1,3275 19Section 3275. 938.396 (2) (a) of the statutes is amended to read:
AB68-SSA1,1502,2520 938.396 (2) (a) Records of the court assigned to exercise jurisdiction under this
21chapter and ch. 48 and of municipal courts exercising jurisdiction under s. 938.17 (2)
22shall be entered in books or deposited in files kept for that purpose only. Those
23records shall not be open to inspection or their contents disclosed except by order of
24the court assigned to exercise jurisdiction under this chapter and ch. 48 or as
25required or permitted under sub. (2g), (2j), (2m) (b) or (c), or (10).
AB68-SSA1,3276
1Section 3276. 938.396 (2g) (g) of the statutes is amended to read:
AB68-SSA1,1503,132 938.396 (2g) (g) Paternity Parentage of juvenile. Upon request of a court having
3jurisdiction over actions affecting the family, an attorney responsible for support
4enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch.
5IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the
6subject of that proceeding to review or be provided with information from the records
7of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating
8to the paternity parentage of a juvenile for the purpose of determining the paternity
9parentage of the juvenile or for the purpose of rebutting the presumption of paternity
10under s. 891.405, 891.407, or the presumption of parentage under s. 891.405 or
11891.41, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall
12open for inspection by the requester its records relating to the paternity parentage
13of the juvenile or disclose to the requester those records.
AB68-SSA1,3277 14Section 3277 . 938.396 (2g) (k) of the statutes is repealed.
AB68-SSA1,3278 15Section 3278. 938.396 (2j) of the statutes is created to read:
AB68-SSA1,1503,1816 938.396 (2j) Records of an extended juvenile jurisdiction proceeding.
17Subsection (2) does not prohibit disclosure of a record if an extended juvenile
18dispositional order is entered under s. 938.369 (3).
AB68-SSA1,3279 19Section 3279 . Subchapter IX (title) of chapter 938 [precedes 938.44] of the
20statutes is amended to read:
AB68-SSA1,1503,2121 CHAPTER 938
AB68-SSA1,1503,2422 SUBCHAPTER IX
23 JURISDICTION OVER PERSONS 17
24 OR OLDER
adults
AB68-SSA1,3280 25Section 3280 . 938.44 of the statutes is amended to read:
AB68-SSA1,1504,3
1938.44 Jurisdiction over persons 17 or older adults. The court has
2jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355
3(4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.
AB68-SSA1,3281 4Section 3281 . 938.45 (1) (a) of the statutes is amended to read:
AB68-SSA1,1504,125 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
6under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
7person 17 years of age or older adult has been guilty of contributing to, encouraging,
8or tending to cause by any act or omission, such that condition of the juvenile, the
9court may make orders with respect to the conduct of that person in his or her
10relationship to the juvenile, including orders relating to determining the ability of
11the person to provide for the maintenance or care of the juvenile and directing when,
12how, and from where funds for the maintenance or care shall be paid.
AB68-SSA1,3282 13Section 3282 . 938.45 (3) of the statutes is amended to read:
AB68-SSA1,1504,1814 938.45 (3) Prosecution of adult contributing to delinquency of juvenile.
15If it appears at a court hearing that any person 17 years of age or older adult has
16violated s. 948.40, the court shall refer the record to the district attorney. This
17subsection does not prohibit prosecution of violations of s. 948.40 without the prior
18reference by the court to the district attorney.
AB68-SSA1,3283 19Section 3283 . 938.48 (3) of the statutes is amended to read:
AB68-SSA1,1504,2520 938.48 (3) Supervision and special treatment or care. Accept supervision over
21juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n),
22or 938.357 (3) or (4) this chapter, and provide special treatment or care to juveniles
23when directed by the court. Except as provided in s. 938.505 (2), a court may not
24direct the department to administer psychotropic medications to juveniles who
25receive special treatment or care under this subsection.
AB68-SSA1,3284
1Section 3284 . 938.48 (3) of the statutes, as affected by 2019 Wisconsin Act 8
2and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-SSA1,1505,73 938.48 (3) Supervision and special treatment or care. Accept supervision over
4juveniles transferred to it by the court under this chapter and provide special
5treatment or care to juveniles when directed by the court. Except as provided in s.
6938.505 (2), a court may not direct the department to administer psychotropic
7medications to juveniles who receive special treatment or care under this subsection.
AB68-SSA1,3285 8Section 3285 . 938.48 (4) of the statutes is amended to read:
AB68-SSA1,1505,229 938.48 (4) Care, training, and placement. Provide appropriate care and
10training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or
11(4n), or 938.357 (3) or (4)
this chapter, including serving those juveniles in their own
12homes, placing them in licensed foster homes or licensed group homes under s. 48.63
13or in independent living situations as provided in s. 938.34 (3) (e), contracting for
14their care by licensed child welfare agencies, or replacing them in juvenile
15correctional facilities or secured residential care centers for children and youth in
16accordance with rules promulgated under ch. 227, except that the department may
17not purchase the educational component of private day treatment programs for a
18juvenile in its custody unless the department, the school board, as defined in s.
19115.001 (7), and the state superintendent of public instruction all determine that an
20appropriate public education program is not available for the juvenile. Disputes
21between the department and the school district shall be resolved by the state
22superintendent of public instruction.
AB68-SSA1,3286 23Section 3286 . 938.48 (4) of the statutes, as affected by 2019 Wisconsin Act 8
24and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-SSA1,1506,13
1938.48 (4) Care, training, and placement. Provide appropriate care and
2training for juveniles under its supervision under this chapter, including serving
3those juveniles in their own homes, placing them in licensed foster homes or licensed
4group homes under s. 48.63 or in independent living situations as provided in s.
5938.34 (3) (e), contracting for their care by licensed child welfare agencies, or
6replacing them in juvenile correctional facilities or secured residential care centers
7for children and youth in accordance with rules promulgated under ch. 227, except
8that the department may not purchase the educational component of private day
9treatment programs for a juvenile in its custody unless the department, the school
10board, as defined in s. 115.001 (7), and the state superintendent of public instruction
11all determine that an appropriate public education program is not available for the
12juvenile. Disputes between the department and the school district shall be resolved
13by the state superintendent of public instruction.
AB68-SSA1,3287 14Section 3287 . 938.48 (4m) (title) of the statutes is amended to read:
AB68-SSA1,1506,1615 938.48 (4m) (title) Continuing care and services for juveniles over 17 who
16become adults
.
AB68-SSA1,3288 17Section 3288 . 938.48 (4m) (a) of the statutes is amended to read:
AB68-SSA1,1506,1818 938.48 (4m) (a) Is at least 17 years of age an adult.
AB68-SSA1,3289 19Section 3289 . 938.48 (4m) (b) of the statutes is amended to read:
AB68-SSA1,1506,2220 938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
21938.34 (4h), (4m) or (4n) or 938.357 (3) or (4)
a court order under this chapter when
22the person reached 17 years of age became an adult.
AB68-SSA1,3290 23Section 3290 . 938.48 (4m) (b) of the statutes, as affected by 2019 Wisconsin
24Act 8
and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-SSA1,1507,2
1938.48 (4m) (b) Was under the supervision of the department under a court
2order under this chapter when the person became an adult.
AB68-SSA1,3291 3Section 3291 . 938.48 (5) of the statutes is amended to read:
AB68-SSA1,1507,74 938.48 (5) Moral and religious training. Provide for the moral and religious
5training of a juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or
6(4n), or 938.357 (3) or (4)
a court order under this chapter according to the religious
7beliefs of the juvenile or of the juvenile's parents.
AB68-SSA1,3292 8Section 3292 . 938.48 (5) of the statutes, as affected by 2019 Wisconsin Act 8
9and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-SSA1,1507,1210 938.48 (5) Moral and religious training. Provide for the moral and religious
11training of a juvenile under its supervision under a court order under this chapter
12according to the religious beliefs of the juvenile or of the juvenile's parents.
AB68-SSA1,3293 13Section 3293 . 938.48 (6) of the statutes is amended to read:
AB68-SSA1,1507,1914 938.48 (6) Emergency surgery. Consent to emergency surgery under the
15direction of a licensed physician or surgeon for any juvenile under its supervision
16under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) upon notification by
17a licensed physician or surgeon of the need for the surgery and if reasonable effort,
18compatible with the nature and time limitation of the emergency, has been made to
19secure the consent of the juvenile's parent or guardian.
AB68-SSA1,3294 20Section 3294 . 938.48 (6) of the statutes, as affected by 2019 Wisconsin Act 8
21and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-SSA1,1508,222 938.48 (6) Emergency surgery. Consent to emergency surgery under the
23direction of a licensed physician or surgeon for any juvenile under its supervision
24under s. 938.183, 938.34 (4m), or 938.357 (3) or (4) upon notification by a licensed
25physician or surgeon of the need for the surgery and if reasonable effort, compatible

1with the nature and time limitation of the emergency, has been made to secure the
2consent of the juvenile's parent or guardian.
AB68-SSA1,3295 3Section 3295. 938.48 (7) of the statutes is created to read:
AB68-SSA1,1508,84 938.48 (7) Supervision over individuals subject to extended juvenile
5jurisdiction.
Accept supervision over individuals transferred to it under s. 938.34
6(4p). The department shall promulgate rules for release of such individuals to
7extended juvenile supervision and for discharge from supervision as provided in s.
8938.53.
AB68-SSA1,3296 9Section 3296. 938.48 (13) of the statutes is amended to read:
AB68-SSA1,1508,1310 938.48 (13) Allowances and cash grants. Promulgate rules for the payment
11of an allowance to juveniles in its institutions and a cash grant to a juvenile being
12discharged from its institutions or released to community supervision or aftercare
13supervision.
AB68-SSA1,3297 14Section 3297 . 938.48 (14) of the statutes is amended to read:
AB68-SSA1,1508,2215 938.48 (14) School-related expenses for juveniles over 17 who become
16adults
. Pay maintenance, tuition, and related expenses from the appropriation
17under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age became
18adults
, were students regularly attending a school, college, or university or regularly
19attending a course of vocational or technical training designed to prepare them for
20gainful employment, and who upon attaining that age becoming adults were under
21the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n), or
22938.357 (3) or (4)
this chapter as a result of a judicial decision.
AB68-SSA1,3298 23Section 3298 . 938.48 (14) of the statutes, as affected by 2019 Wisconsin Act
248
and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-SSA1,1509,7
1938.48 (14) School-related expenses for juveniles over 17. Pay
2maintenance, tuition, and related expenses from the appropriation under s. 20.410
3(3) (ho) for persons who, when they attained 17 years of age, were students regularly
4attending a school, college, or university or regularly attending a course of vocational
5or technical training designed to prepare them for gainful employment, and who
6upon attaining that age were under the supervision of the department under this
7chapter as a result of a judicial decision.
AB68-SSA1,3299 8Section 3299. 938.49 (2) (b) of the statutes is amended to read:
AB68-SSA1,1509,149 938.49 (2) (b) Notify the juvenile's last school district or, if the juvenile was last
10enrolled in a private school participating in the program under s. 118.60 or in the
11program under s. 119.23 or, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002
12(3) (c), in a school under the operation and general management of the governing
13body of a private school
, the private school or the governing body of a private school,
14in writing of its obligation under s. 118.125 (4).
AB68-SSA1,3300 15Section 3300. 938.50 of the statutes is amended to read:
AB68-SSA1,1510,4 16938.50 Examination of juveniles under supervision of department of
17corrections.
The department of corrections shall examine every juvenile who is
18placed under its supervision to determine the type of placement best suited to the
19juvenile and to the protection of the public. The examination shall include an
20investigation of the personal and family history of the juvenile and his or her
21environment, any physical or mental examinations necessary to determine the type
22of placement appropriate for the juvenile, and an evaluation under s. 938.533 (3) (a)
23to determine
the appropriate level of supervision and services based on the juvenile's
24risks and needs. The department of corrections shall screen a juvenile who is
25examined under this section to determine whether the juvenile is in need of special

1treatment or care because of alcohol or other drug abuse, mental illness, or severe
2emotional disturbance. In making the examination the department of corrections
3may use any facilities, public or private, that offer assistance in determining the
4correct placement for the juvenile.
AB68-SSA1,3301 5Section 3301 . 938.505 (1) of the statutes is amended to read:
AB68-SSA1,1510,156 938.505 (1) Rights and duties of department of corrections or county
7department.
When a juvenile is placed under the supervision of the department of
8corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (3), (4), or (5) (e) or
9under the supervision of a county department under s. 938.34 (4m) or (4n), the
10department of corrections or county department, whichever has supervision over the
11juvenile, shall have the right and duty to protect, train, discipline, treat, and confine
12the juvenile and to provide food, shelter, legal services, education, and ordinary
13medical and dental care for the juvenile, subject to the rights, duties, and
14responsibilities of the guardian of the juvenile and subject to any residual parental
15rights and responsibilities and the provisions of any court order.
AB68-SSA1,3302 16Section 3302 . 938.505 (1) of the statutes, as affected by 2019 Wisconsin Act
178
and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-SSA1,1511,218 938.505 (1) Rights and duties of department of corrections or county
19department.
When a juvenile is placed under the supervision of the department of
20corrections under s. 938.183, 938.34 (4m), or 938.357 (3), (4), or (5) (e) or under the
21supervision of a county department under s. 938.34 (4m) or (4n), the department of
22corrections or county department, whichever has supervision over the juvenile, shall
23have the right and duty to protect, train, discipline, treat, and confine the juvenile
24and to provide food, shelter, legal services, education, and ordinary medical and
25dental care for the juvenile, subject to the rights, duties, and responsibilities of the

1guardian of the juvenile and subject to any residual parental rights and
2responsibilities and the provisions of any court order.
AB68-SSA1,3303 3Section 3303. 938.51 (1m) of the statutes is amended to read:
AB68-SSA1,1511,134 938.51 (1m) Notification of local agencies. The department of corrections
5or county department, whichever has supervision over a juvenile described in sub.
6(1), shall determine the local agencies that it will notify under sub. (1) (a) based on
7the residence of the juvenile's parents or on the juvenile's intended residence
8specified in the juvenile's community supervision plan or aftercare supervision plan
9or, if those methods do not indicate the community in which the juvenile will reside
10following release from a juvenile correctional facility or a secured residential care
11center for children and youth or from the supervision of the department of corrections
12or county department, the community in which the juvenile states that he or she
13intends to reside.
AB68-SSA1,3304 14Section 3304. 938.52 (1) (d) of the statutes is amended to read:
AB68-SSA1,1511,1715 938.52 (1) (d) Institutions, facilities, and services, including forestry or
16conservation camps, for the training and treatment of juveniles 10 12 years of age
17or older who have been adjudged delinquent.
AB68-SSA1,3305 18Section 3305 . 938.52 (2) (a) of the statutes is amended to read:
AB68-SSA1,1512,319 938.52 (2) (a) In addition to facilities and services under sub. (1), the
20department of corrections may use other facilities and services under its jurisdiction.
21The department of corrections may contract for and pay for the use of other public
22facilities or private facilities for the care and treatment of juveniles in its care.
23Placement of a juvenile in a private or public facility that is not under the jurisdiction
24of the department of corrections does not terminate that department's supervision
25over the juvenile under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4).

1Placements in institutions for persons with a mental illness or development
2developmental disability shall be made in accordance with ss. 48.14 (5), 48.63, and
3938.34 (6) (am) and ch. 51.
AB68-SSA1,3306 4Section 3306 . 938.52 (2) (a) of the statutes, as affected by 2019 Wisconsin Act
58
and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-SSA1,1512,146 938.52 (2) (a) In addition to facilities and services under sub. (1), the
7department of corrections may use other facilities and services under its jurisdiction.
8The department of corrections may contract for and pay for the use of other public
9facilities or private facilities for the care and treatment of juveniles in its care.
10Placement of a juvenile in a private or public facility that is not under the jurisdiction
11of the department of corrections does not terminate that department's supervision
12over the juvenile under s. 938.183, 938.34 (4m), or 938.357 (3) or (4). Placements in
13institutions for persons with a mental illness or developmental disability shall be
14made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am) and ch. 51.
AB68-SSA1,3307 15Section 3307 . 938.52 (2) (c) of the statutes is amended to read:
AB68-SSA1,1512,1816 938.52 (2) (c) The department of corrections may inspect any facility it is using
17and examine and consult with persons under its supervision under s. 938.183, 938.34
18(4h), (4m), or (4n), or 938.357 (3) or (4) who have been placed in the facility.
AB68-SSA1,3308 19Section 3308 . 938.52 (2) (c) of the statutes, as affected by 2019 Wisconsin Act
208
and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-SSA1,1512,2321 938.52 (2) (c) The department of corrections may inspect any facility it is using
22and examine and consult with persons under its supervision under s. 938.183, 938.34
23(4m), or 938.357 (3) or (4) who have been placed in the facility.
AB68-SSA1,3309 24Section 3309 . 938.53 of the statutes is amended to read:
AB68-SSA1,1513,7
1938.53 Duration of control of department of corrections over
2delinquents.
Except as provided under s. 938.183, a juvenile adjudged delinquent
3who has been placed under the supervision of the department of corrections under
4s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) a court order under this
5chapter
shall be discharged as soon as that department determines that there is a
6reasonable probability that departmental supervision is no longer necessary for the
7rehabilitation and treatment of the juvenile or for the protection of the public.
AB68-SSA1,3310 8Section 3310 . 938.53 of the statutes, as affected by 2019 Wisconsin Act 8 and
92021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-SSA1,1513,16 10938.53 Duration of control of department of corrections over
11delinquents.
Except as provided under s. 938.183, a juvenile adjudged delinquent
12who has been placed under the supervision of the department of corrections under
13a court order under this chapter shall be discharged as soon as that department
14determines that there is a reasonable probability that departmental supervision is
15no longer necessary for the rehabilitation and treatment of the juvenile or for the
16protection of the public.
AB68-SSA1,3311 17Section 3311. 938.533 of the statutes, as affected by 2019 Wisconsin Act 8, is
18repealed.
AB68-SSA1,3312 19Section 3312 . 938.538 (2) (intro.) of the statutes is amended to read:
AB68-SSA1,1513,2420 938.538 (2) Program administration and design. (intro.) The department of
21corrections shall administer a serious juvenile offender program for juveniles who
22have been adjudicated delinquent and ordered to participate in the program under
23s. 938.34 (4h), 2019 stats. The department of corrections shall design the program
24to provide all of the following:
AB68-SSA1,3313 25Section 3313. 938.538 (3) (a) 1. of the statutes is amended to read:
AB68-SSA1,1514,4
1938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 juvenile
2correctional facility or a secured residential care center for children and youth
3operated by the department of corrections or in the Mendota juvenile treatment
4center
.
AB68-SSA1,3314 5Section 3314. 938.538 (3) (a) 1m. of the statutes is amended to read:
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