This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB68-SSA1,3258 6Section 3258 . 938.365 (5) (a) of the statutes, as affected by 2021 Wisconsin Act
7.... (this act), is amended to read:
AB68-SSA1,1494,128 938.365 (5) (a) Except as provided in s. 938.368, an order under this section that
9continues the placement of a juvenile in his or her home or that extends an order
10under s. 938.34 (4d), (4m), or (4n) or s. 938.34 (4d) or (4h), 2019 stats., shall be for
11a specified length of time not to exceed one year after the date on which the order is
12granted.
AB68-SSA1,3259 13Section 3259. 938.365 (7) of the statutes is amended to read:
AB68-SSA1,1494,1814 938.365 (7) Changes in placement and trial reunifications not permitted.
15Nothing in this section may be construed to allow any changes in placement, trial
16reunification, or revocation of community supervision or aftercare supervision.
17Revocation and other changes in placement may take place only under s. 938.357,
18and trial reunifications may take place only under s. 938.358.
AB68-SSA1,3260 19Section 3260. 938.369 of the statutes is created to read:
AB68-SSA1,1494,24 20938.369 Extended juvenile jurisdiction; extended disposition hearing.
21(1) Except as provided under sub. (6), no sooner than a juvenile's 18th birthday and
22no later than 90 days before the juvenile's 19th birthday, the court shall hold a
23hearing to determine whether to impose a stayed portion of a disposition entered
24under s. 938.34 (4p).
AB68-SSA1,1495,5
1(2) The court shall revise the dispositional order and remove the stayed portion
2of the disposition imposed under 938.34 (4p) unless the court finds by clear and
3convincing evidence that the disposition under 938.34 (4p) is necessary to protect
4public safety or for rehabilitation, considering the juvenile's risk and needs at the
5time of the hearing.
AB68-SSA1,1495,8 6(3) If the court imposes the stayed portion of the disposition under s. 938.34
7(4p), the court shall determine the length of the extended juvenile disposition and
8impose one of the following extended juvenile dispositions:
AB68-SSA1,1495,129 (a) Place the juvenile on extended juvenile probation under the supervision of
10the department of corrections on his or her 19th birthday. If the juvenile has been
11released to aftercare supervision under s. 938.34 (4n) on the date of the hearing, the
12court shall place the juvenile on probation under this paragraph.
AB68-SSA1,1495,1313 (b) Place the juvenile on extended juvenile confinement in a county jail.
AB68-SSA1,1495,1514 (c) Place the juvenile on extended juvenile confinement in prison followed by
15a term of extended juvenile supervision.
AB68-SSA1,1495,19 16(4) A disposition imposed under this subsection has the same force and effect
17as a criminal conviction and may not extend beyond the juvenile's 23rd birthday, or,
18if the underlying offense was a violation or attempted violation of s. 940.01, the
19juvenile's 25th birthday.
AB68-SSA1,1495,21 20(5) An extended juvenile disposition imposed under sub. (3) is not a bifurcated
21sentence under s. 973.01.
AB68-SSA1,1495,25 22(6) If the department of corrections has discharged the juvenile under s. 938.53
23prior to the juvenile's 18th birthday or the date of a hearing scheduled under sub. (1),
24a hearing shall not be held, and the court shall revise the dispositional order and
25remove the disposition imposed under 938.34 (4p).
AB68-SSA1,3261
1Section 3261. 938.38 (1) (ag) of the statutes is created to read:
AB68-SSA1,1496,32 938.38 (1) (ag) “Family permanency team” means the team of individuals
3assembled under sub. (3m) to participate in a juvenile's permanency planning.
AB68-SSA1,3262 4Section 3262. 938.38 (1) (as) of the statutes is created to read:
AB68-SSA1,1496,75 938.38 (1) (as) “Like-kin” means a person who has a significant emotional
6relationship with a juvenile or the juvenile's family and to whom any of the following
7applies:
AB68-SSA1,1496,108 1. Prior to the juvenile's placement in out-of-home care, the person had an
9existing relationship with the juvenile or the juvenile's family that is similar to a
10familial relationship.
AB68-SSA1,1496,1311 2. During the juvenile's placement in out-of-home care, the person developed
12a relationship with the juvenile or the juvenile's family that is similar to a familial
13relationship.
AB68-SSA1,3263 14Section 3263. 938.38 (1) (bp) of the statutes is created to read:
AB68-SSA1,1496,1715 938.38 (1) (bp) “Qualified residential treatment program” means a residential
16care center for children and youth, group home, or shelter care facility certified under
17s. 48.675.
AB68-SSA1,3264 18Section 3264. 938.38 (3m) of the statutes is created to read:
AB68-SSA1,1496,2419 938.38 (3m) Family permanency team. If a juvenile is placed in a residential
20care center for children and youth, group home, or shelter care facility certified under
21s. 48.675, the agency that placed the juvenile or arranged the placement or the
22agency assigned primary responsibility for providing services to the juvenile under
23s. 48.355 (2) (b) 6g. shall invite all of the following to participate in permanency
24planning and may invite others at the agency's discretion:
AB68-SSA1,1497,2
1(a) All appropriate biological family members, relatives, and like-kin of the
2juvenile, as determined by the agency.
AB68-SSA1,1497,53 (b) Appropriate professionals who serve as a resource for the family of the
4juvenile, such as teachers, medical or mental health providers who have treated the
5juvenile, or clergy.
AB68-SSA1,1497,76 (c) Others identified by a juvenile over the age of 14 as provided under sub.
7(2m).
AB68-SSA1,3265 8Section 3265. 938.38 (4) (k) of the statutes is created to read:
AB68-SSA1,1497,109 938.38 (4) (k) If the juvenile is placed in a qualified residential treatment
10program, all of the following:
AB68-SSA1,1497,1211 1. Documentation of reasonable and good faith efforts to identify and include
12all required individuals on the family permanency team.
AB68-SSA1,1497,1313 2. The contact information for the members of the family permanency team.
AB68-SSA1,1497,1514 3. Information showing that meetings of the family permanency team are held
15at a time and place convenient for the family to the extent possible.
AB68-SSA1,1497,1816 4. If reunification is the juvenile's permanency goal, information
17demonstrating that the parent from whom the juvenile was removed provided input
18on the members of the family permanency team or why that input was not obtained.
AB68-SSA1,1497,2119 5. Information showing that the standardized assessment, as determined by
20the department, was used to determine the appropriateness of the placement in a
21qualified residential treatment program
AB68-SSA1,1497,2522 6. The placement preferences of the family permanency team, including a
23recognition that a juvenile should be placed with his or her siblings unless the court
24determines that a joint placement would be contrary to the safety or well-being of
25the juvenile or any of those siblings.
AB68-SSA1,1498,4
17. If placement preferences of the family permanency team are not the
2placement recommended by the qualified individual who conducted the
3standardized assessment, the reasons why these preferences were not
4recommended.
AB68-SSA1,1498,65 8. The recommendations of the qualified individual who conducted the
6standardized assessment, including all of the following:
AB68-SSA1,1498,117 a. Whether the recommended placement in a qualified residential treatment
8program is the placement that will provide the juvenile with the most effective and
9appropriate level of care in the least restrictive environment and how that placement
10is consistent with the short-term and long-term goals for the juvenile, as specified
11in the permanency plan.
AB68-SSA1,1498,1412 b. Whether and why the juvenile's needs can or cannot be met by the juvenile's
13family or in a foster home. A shortage or lack of foster homes is not an acceptable
14reason for determining that the juvenile's needs cannot be met in a foster home.
AB68-SSA1,1498,1615 9. Documentation of the approval or disapproval of the placement in a qualified
16residential treatment program by a court, if such a determination has been made.
AB68-SSA1,3266 17Section 3266. 938.38 (4) (L) of the statutes is created to read:
AB68-SSA1,1498,1818 938.38 (4) (L) If the juvenile is a parent or is pregnant, all of the following:
AB68-SSA1,1498,2119 1. A list of the services or programs to be provided to or on behalf of the juvenile
20to ensure that the juvenile, if pregnant, is prepared and, if a parent, is able to be a
21parent.
AB68-SSA1,1498,2322 2. The out-of-home care prevention strategy for any juvenile born to the
23parenting or pregnant juvenile.
AB68-SSA1,3267 24Section 3267. 938.38 (5) (c) 1. of the statutes is amended to read:
AB68-SSA1,1499,9
1938.38 (5) (c) 1. The continuing necessity for and the safety and
2appropriateness of the placement, subject to par. (cm) and sub. (5m) (c) 4. If the
3permanency goal of the juvenile's permanency plan is placement of the juvenile in
4a planned permanent living arrangement described in sub. (4) (fg) 5., the
5determination under this subdivision shall include an explanation of why the
6planned permanent living arrangement is the best permanency goal for the juvenile
7and why, supported by compelling reasons, it continues not to be in the best interests
8of the juvenile to be returned to his or her home or to be placed for adoption, with a
9guardian, or with a fit and willing relative.
AB68-SSA1,3268 10Section 3268. 938.38 (5) (cm) of the statutes is created to read:
AB68-SSA1,1499,1511 938.38 (5) (cm) If the juvenile is placed in a qualified residential treatment
12program, the agency that prepared the permanency plan shall submit to the court
13specific information showing all of the following, which the court shall consider when
14determining the continuing necessity for and the safety and appropriateness of the
15placement:
AB68-SSA1,1499,2216 1. Whether ongoing assessment of the strengths and needs of the juvenile
17continues to support the determination that the needs of the juvenile cannot be met
18through placement in a foster home, whether the placement in a qualified residential
19treatment program provides the most effective and appropriate level of care for the
20juvenile in the least restrictive environment, and how the placement is consistent
21with the short-term and long-term goals for the juvenile, as specified in the
22juvenile's permanency plan.
AB68-SSA1,1499,2523 2. The specific treatment or service needs that will be met for the juvenile in
24the placement and the length of the time the juvenile is expected to need the
25treatment or services.
AB68-SSA1,1500,3
13. The efforts made by the agency to prepare the juvenile to return home or to
2be placed with a fit and willing relative, a guardian, or an adoptive parent or in a
3foster home.
AB68-SSA1,3269 4Section 3269. 938.38 (5) (d) of the statutes is amended to read:
AB68-SSA1,1500,215 938.38 (5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the
6permanency plan shall, at least 5 days before a review by a review panel, provide to
7each person appointed to the review panel, the juvenile's parent, guardian, and legal
8custodian, the person representing the interests of the public, the juvenile's counsel,
9the juvenile's guardian ad litem, and, if the juvenile is an Indian juvenile who is
10placed outside the home of his or her parent or Indian custodian under s. 938.13 (4),
11(6), (6m), or (7), the Indian juvenile's Indian custodian and tribe a copy of the
12permanency plan, any information submitted under par. (cm), and any written
13comments submitted under par. (bm) 1. Notwithstanding s. 938.78 (2) (a), a person
14appointed to a review panel, the person representing the interests of the public, the
15juvenile's counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian
16juvenile who is placed outside the home of his or her parent or Indian custodian
17under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe
18may have access to any other records concerning the juvenile for the purpose of
19participating in the review. A person permitted access to a juvenile's records under
20this paragraph may not disclose any information from the records to any other
21person.
AB68-SSA1,3270 22Section 3270. 938.38 (5m) (c) 4. of the statutes is created to read:
AB68-SSA1,1501,223 938.38 (5m) (c) 4. If the juvenile is placed in a qualified residential treatment
24program, the agency that prepared the permanency plan shall present to the court
25specific information showing all of the following, which the court shall consider when

1determining the continuing necessity for and the safety and appropriateness of the
2placement under sub. (5) (c) 1.:
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:
Loading...
Loading...