SB111,1674,13 938.357 (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.

SB111,3214 Section 3214 . 938.357 (1) (am) 1. of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

SB111,1675,8 938.357 (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.

SB111,3215 Section 3215 . 938.357 (1) (am) 1m. and 1r. of the statutes are created to read:

SB111,1675,18 938.357 (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:

SB111,1675,20 a. Whether the proposed placement will provide the juvenile with the most effective and appropriate level of care in the least restrictive environment.

SB111,1675,22 b. How the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

SB111,1675,25 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.

SB111,1676,3 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.

SB111,1676,7 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.

SB111,3216 Section 3216 . 938.357 (1) (c) 1r. of the statutes is created to read:

SB111,1676,17 938.357 (1) (c) 1r. 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 the information specified in sub. (1) (am) 1m., to the court and to the party that requested the change in placement under subd. 1. no later than the filing of that request or, if not available by that time, no later than 30 days after the date on which the placement was made.

SB111,3217 Section 3217 . 938.357 (2) (a) of the statutes is renumbered 938.357 (2) (a) 1.

SB111,3218 Section 3218 . 938.357 (2) (a) 2., 3. and 4. of the statutes are created to read:

SB111,1677,3 938.357 (2) (a) 2. If the emergency change in placement under subd. 1. results in a juvenile being placed 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 the information specified under sub. (1) (am) 1m. with the notice under subd. 1. or, if not available at that time, and except as provided under subd. 3., no later than 10 days after the filing of that notice.

SB111,1677,7 3. If, for good cause shown, the information required to be submitted under subd. 2. 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 was made.

SB111,1677,14 4. If the emergency change in placement under subd. 1. results in a juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the court shall, no later than 60 days after the placement is made, issue an order making the findings under sub. (2v) (a) 5., 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.

SB111,3219 Section 3219 . 938.357 (2) (b) 5. and 6. of the statutes are created to read:

SB111,1677,25 938.357 (2) (b) 5. If the emergency change in placement under this paragraph results in a juvenile being placed 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 the information specified in sub. (1) (am) 1m., to the court and all persons who are required to receive the notice under subd. 2. that requested the change in placement no later than the filing of that request or, if not available by that time, no later than 30 days after the date on which the placement was made.

SB111,1678,7 6. If the emergency change in placement this paragraph results in a juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the court shall, no later than 60 days after the placement is made, issue an order making the findings under sub. (2v) (a) 5., 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.

SB111,3220 Section 3220 . 938.357 (2m) (a) of the statutes is renumbered 938.357 (2m) (a) 1.

SB111,3221 Section 3221 . 938.357 (2m) (a) 2. of the statutes is created to read:

SB111,1678,20 938.357 (2m) (a) 2. If the change in placement results in the juvenile being placed 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 the information under sub. (1) (am) 1m., to the court and to the party that requested the change in placement under subd. 1. no later than the filing of that request or, if not available by that time, no later than 30 days after the date on which the placement was made.

SB111,3222 Section 3222 . 938.357 (2v) (a) 5. and 6. of the statutes are created to read:

SB111,1679,3 938.357 (2v) (a) 5. Except as provided in subd. 6., if the court changes the placement to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the change-in-placement order shall contain 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:

SB111,1679,5 a. Whether the needs of the juvenile can be met through placement in a foster home.

SB111,1679,9 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.

SB111,1679,11 c. Whether the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

SB111,1679,12 d. Whether the court approves or disapproves the placement.