Amendment SSA1-AB68

AB68-SSA1,3192 Section 3192 . 938.34 (4m) (b) 2. of the statutes is amended to read:

AB68-SSA1,1466,8 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

AB68-SSA1,3193 Section 3193 . 938.34 (4m) (c) of the statutes is created to read:

AB68-SSA1,1466,14 938.34 (4m) (c) For a placement under the supervision of the department of corrections, the placement is recommended in the report under s. 938.33. For a placement under the supervision of a county department, the specific secured residential care center for children and youth in which the juvenile is placed is identified by the county department.

AB68-SSA1,3194 Section 3194. 938.34 (4n) (intro.) of the statutes, as affected by 2019 Wisconsin Act 8, is amended to read:

AB68-SSA1,1466,21 938.34 (4n) Aftercare supervision. (intro.) In the case of a juvenile who has received a correctional placement under sub. (4m), designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from a secured residential care center for children and youth or Type 1 juvenile correctional facility:

AB68-SSA1,3195 Section 3195. 938.34 (4p) of the statutes is created to read:

AB68-SSA1,1467,6 938.34 (4p) Extended juvenile disposition. In the case of a juvenile who has received a correctional placement under sub. (4m) and is subject to extended juvenile jurisdiction under s. 938.184, place the juvenile under the supervision of the department of corrections in an extended juvenile disposition upon termination of the order imposing the disposition under sub. (4m) if the court finds that a disposition under sub. (4m) is insufficient to protect public safety or for rehabilitation, considering the juvenile's risk, treatment needs, and age and the severity of the offense. A disposition under this subsection shall be stayed pending the outcome of the hearing under s. 938.369.

AB68-SSA1,3196 Section 3196 . 938.34 (8) of the statutes is amended to read:

AB68-SSA1,1468,5 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age juveniles, $100. The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license a notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which that has already elapsed and the court shall immediately notify the department, which shall then, if the license is issued under ch. 29, return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB68-SSA1,3197 Section 3197 . 938.341 of the statutes is amended to read:

AB68-SSA1,1468,10 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or for a violation under s. 175.33 (2), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

AB68-SSA1,3198 Section 3198 . 938.343 (2) of the statutes is amended to read:

AB68-SSA1,1469,3 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age juveniles, $50. The order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall, if the license is issued under ch. 29, return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB68-SSA1,3199 Section 3199 . 938.344 (3) of the statutes is amended to read:

AB68-SSA1,1469,12 938.344 (3) Prosecution in adult court. If the juvenile alleged to have committed the violation is within 3 months of his or her 17th birthday becoming an adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB68-SSA1,3200 Section 3200 . 938.35 (1m) of the statutes is amended to read:

AB68-SSA1,1469,19 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age becomes an adult. This subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

AB68-SSA1,3201 Section 3201. 938.355 (2) (b) 2. of the statutes is amended to read:

AB68-SSA1,1470,5 938.355 (2) (b) 2. If the juvenile is placed outside the home under s. 938.34 (3) or (4d), the name of the place or facility, including transitional placements, where the juvenile shall be cared for or treated, except that if the placement is a foster home and the name and address of the foster parent is not available at the time of the order, the name and address of the foster parent shall be furnished to the court and the parent within 21 days after the order. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that disclosure of the identity of the foster parent would result in imminent danger to the juvenile or the foster parent, the court may order the name and address of the prospective foster parents withheld from the parent or guardian.

AB68-SSA1,3202 Section 3202 . 938.355 (2) (b) 2m. of the statutes is amended to read:

AB68-SSA1,1470,9 938.355 (2) (b) 2m. If the juvenile is placed outside the home under s. 938.34 (4m) under supervision of a county department, the name of the county department that will provide supervision and determine placement for the juvenile.

AB68-SSA1,3203 Section 3203. 938.355 (2) (b) 6. of the statutes is amended to read:

AB68-SSA1,1471,7 938.355 (2) (b) 6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department 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. The court shall make the findings specified in this subdivision 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 court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

AB68-SSA1,3204 Section 3204. 938.355 (2) (b) 6d. of the statutes is created to read:

AB68-SSA1,1471,14 938.355 (2) (b) 6d. Except as provided in par. (cd), if the juvenile is placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment:

AB68-SSA1,1471,16 a. Whether the needs of the juvenile can be met through placement in a foster home.

AB68-SSA1,1471,20 b. Whether placement of the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the juvenile in the least restrictive environment.

AB68-SSA1,1471,22 c. Whether the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

AB68-SSA1,1471,23 d. Whether the court approves or disapproves the placement.

AB68-SSA1,3205 Section 3205. 938.355 (2) (b) 6m. of the statutes is amended to read:

AB68-SSA1,1472,7 938.355 (2) (b) 6m. If the juvenile is placed outside the home in a placement under s. 938.34 (3) or (4d) recommended by the agency designated under s. 938.33 (1), a statement that the court approves the placement recommended by the agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.

AB68-SSA1,3206 Section 3206. 938.355 (2) (b) 6o. of the statutes is created to read:

AB68-SSA1,1472,12 938.355 (2) (b) 6o. If the juvenile is placed under the supervision of the department of corrections under s. 938.34 (4p), a finding that a disposition under s. 938.34 (4m) is insufficient to protect public safety or for rehabilitation, considering the juvenile's risk, treatment needs, and age and the severity of the offense.

AB68-SSA1,3207 Section 3207. 938.355 (2) (cd) of the statutes is created to read:

AB68-SSA1,1472,19 938.355 (2) (cd) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required but not available at the time of the order, the court shall defer making the findings under par. (b) 6d. as provided in this paragraph. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under par. (b) 6d.

AB68-SSA1,3208 Section 3208 . 938.355 (4) (b) of the statutes is renumbered 938.355 (4) (b) 1. and amended to read:

AB68-SSA1,1473,10 938.355 (4) (b) 1. Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years after the date on which the order is granted or until the juvenile's 18th 19th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile's 18th 19th birthday, whichever is earlier, unless the court terminates the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the juvenile attains 18 years of age shall apply for 5 years after the date on which the order is granted, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

AB68-SSA1,1473,15 2. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile attains 17 years of age becomes an adult shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner.

AB68-SSA1,1473,19 4. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age or older when becomes an adult by the time the original dispositional order terminates.

AB68-SSA1,3209 Section 3209 . 938.355 (4) (b) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68-SSA1,1474,3 938.355 (4) (b) 1. Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years after the date on which the order is granted or until the juvenile's 19th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile's 19th birthday, whichever is earlier, unless the court terminates the order sooner.

AB68-SSA1,1474,7 2. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4m), or (4n) made before the juvenile becomes an adult shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner.

AB68-SSA1,1474,10 4. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4m), or (4n) may be granted for a juvenile who becomes an adult by the time the original dispositional order terminates.

AB68-SSA1,3210 Section 3210. 938.355 (4) (b) 5. of the statutes is created to read:

AB68-SSA1,1474,15 938.355 (4) (b) 5. An order under ss. 938.34 (4p) and 938.369 (3) shall terminate on the juvenile's 23rd birthday, or, if the juvenile was convicted of a violation or attempted violation of s. 940.01, the juvenile's 25th birthday unless the court specifies a shorter period of time or the court terminates the order sooner.

AB68-SSA1,3211 Section 3211 . 938.355 (4m) (a) of the statutes is amended to read:

AB68-SSA1,1474,22 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court may expunge the record if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement.

AB68-SSA1,3212 Section 3212. 938.355 (6) (a) 1. of the statutes is amended to read:

AB68-SSA1,1475,3 938.355 (6) (a) 1. Except as provided in subd. subds. 3. and 4., if a juvenile who has been adjudged delinquent or to have violated a civil law or ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d).

AB68-SSA1,3213 Section 3213. 938.355 (6) (a) 4. of the statutes is created to read:

AB68-SSA1,1475,6 938.355 (6) (a) 4. The court may only place a juvenile in a juvenile detention facility or juvenile portion of a county jail under subd. 1. if all of the following apply:

AB68-SSA1,1475,7 a. The court finds that the juvenile poses a threat to public safety.

AB68-SSA1,1475,9 b. The underlying offense for which the juvenile court order was imposed is not a status offense.

AB68-SSA1,3214 Section 3214. 938.355 (6) (d) 1. of the statutes is renumbered 938.355 (6) (d) 1. (intro.) and amended to read:

AB68-SSA1,1476,2 938.355 (6) (d) 1. (intro.) Placement of the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile. A court may order placement of a juvenile in a juvenile detention facility or juvenile portion of a county jail under this subdivision only if all of the following apply:

AB68-SSA1,3215 Section 3215. 938.355 (6) (d) 1. a. and b. of the statutes are created to read:

AB68-SSA1,1476,5 938.355 (6) (d) 1. a. The court finds that the juvenile poses a threat to public safety.

AB68-SSA1,1476,7 b. The underlying offense for which the dispositional order was imposed is not a status offense.

AB68-SSA1,3216 Section 3216. 938.355 (6d) (a) 1. of the statutes is amended to read:

AB68-SSA1,1476,18 938.355 (6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., 2p., and 2r., if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under sub. (6) are being investigated.

AB68-SSA1,3217 Section 3217. 938.355 (6d) (a) 2. of the statutes is amended to read:

AB68-SSA1,1477,10 938.355 (6d) (a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., 2p., and 2r., if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement, modify the terms of the placement, or order the juvenile to be released from custody.

AB68-SSA1,3218 Section 3218. 938.355 (6d) (a) 2p. of the statutes is created to read:

AB68-SSA1,1477,14 938.355 (6d) (a) 2p. A court may only order placement of a juvenile in a juvenile detention facility or juvenile portion of a county jail under under subd. 1. or 2. if all of the following apply:

AB68-SSA1,1477,15 a. The court finds that the juvenile poses a threat to public safety.

AB68-SSA1,1477,17 b. The underlying offense for which the delinquency order was imposed is not a status offense.

AB68-SSA1,3219 Section 3219. 938.355 (6d) (b) 1. of the statutes is amended to read:

AB68-SSA1,1478,3 938.355 (6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., 2p., and 2r., if a juvenile who is on aftercare supervision violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of revoking the juvenile's aftercare status are being investigated.

AB68-SSA1,3220 Section 3220. 938.355 (6d) (b) 2. of the statutes is amended to read:

AB68-SSA1,1478,20 938.355 (6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., 2p., and 2r., if a juvenile who is on aftercare supervision violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or the county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement of the juvenile, modify the terms of the placement, or order the juvenile to be released from custody.

AB68-SSA1,3221 Section 3221. 938.355 (6d) (b) 2p. of the statutes is created to read:

AB68-SSA1,1478,24 938.355 (6d) (b) 2p. A court may only order placement of a juvenile in a juvenile detention facility or juvenile portion of a county jail under under subd. 1. or 2. if all of the following apply:

AB68-SSA1,1478,25 a. The court finds that the juvenile poses a threat to public safety.

AB68-SSA1,1479,2 b. The underlying offense for which the aftercare supervision was imposed is not a status offense.

AB68-SSA1,3222 Section 3222. 938.355 (6m) (a) 1g. of the statutes is amended to read:

AB68-SSA1,1479,19 938.355 (6m) (a) 1g. Placement of the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. The use of placement in a juvenile detention facility or in a juvenile portion of a county jail as a sanction under this subdivision is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.

AB68-SSA1,3223 Section 3223. 938.357 (1) (am) 1. of the statutes is amended to read:

AB68-SSA1,1480,13 938.357 (1) (am) 1. Except as provided in par. (c), the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in placement under this subsection by causing written notice of the proposed change in placement to be sent to the juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian, and legal custodian of the juvenile, and any foster parent or other physical custodian described in s. 48.62 (2) of the juvenile. If the request is for a change in placement under sub. (3), notice shall be sent to the entity that operates the secured residential care center for children and youth or Type 1 juvenile correctional facility where placement is proposed. If the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall also be sent to the Indian juvenile's Indian custodian and tribe. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan or permanency plan ordered by the court. The person sending the notice shall file the notice with the court on the same day that the notice is sent.

AB68-SSA1,3224 Section 3224 . 938.357 (1) (am) 1. of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68-SSA1,1481,8 938.357 (1) (am) 1. Except as provided in par. (c), the person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in placement under this subsection by causing written notice of the proposed change in placement to be sent to the juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian, and legal custodian of the juvenile, and any foster parent or other physical custodian described in s. 48.62 (2) of the juvenile. If the request is for a change in placement under sub. (3), notice shall be sent to the entity that operates the secured residential care center for children and youth or juvenile correctional facility where placement is proposed. If the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written notice shall also be sent to the Indian juvenile's Indian custodian and tribe. The notice shall contain the name and address of the new placement, the reasons for the change in placement, whether the new placement is certified under s. 48.675, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan or permanency plan ordered by the court. The person sending the notice shall file the notice with the court on the same day that the notice is sent.

AB68-SSA1,3225 Section 3225. 938.357 (1) (am) 1m. and 1r. of the statutes are created to read:

AB68-SSA1,1481,18 938.357 (1) (am) 1m. If the proposed change in placement would place the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the person or agency primarily responsible for implementing the dispositional order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive the notice under subd. 1. no later than time of filing that notice or, if not available by that time, and except as provided under subd. 1r., no later than 10 days after the notice is filed:

AB68-SSA1,1481,20 a. Whether the proposed placement will provide the juvenile with the most effective and appropriate level of care in the least restrictive environment.

AB68-SSA1,1481,22 b. How the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

AB68-SSA1,1481,25 c. The reasons why the juvenile's needs can or cannot be met by the juvenile's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the juvenile's needs cannot be met in a foster home.

AB68-SSA1,1482,3 d. The placement preference of the family permanency team under s. 938.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

AB68-SSA1,1482,7 1r. If, for good cause shown, the information required to be submitted under subd. 1m. is not available by the deadline under that subdivision, the person or agency primarily responsible for implementing the dispositional order shall submit it no later than 30 days after the date on which the placement is made.

AB68-SSA1,3226 Section 3226. 938.357 (1) (c) 1r. of the statutes is created to read: