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a. Whether the proposed placement will provide the juvenile with the most
20effective and appropriate level of care in the least restrictive environment.
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b. How the placement is consistent with the short-term and long-term goals
22for the juvenile, as specified in the permanency plan.
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c. The reasons why the juvenile's needs can or cannot be met by the juvenile's
24family or in a foster home. A shortage or lack of foster homes is not an acceptable
25reason for determining that the juvenile's needs cannot be met in a foster home.
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1d. The placement preference of the family permanency team under s. 938.38
2(3m) and, if that preference is not the placement recommended by the qualified
3individual, why that recommended placement is not preferred.
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1r. If, for good cause shown, the information required to be submitted under
5subd. 1m. is not available by the deadline under that subdivision, the person or
6agency primarily responsible for implementing the dispositional order shall submit
7it no later than 30 days after the date on which the placement is made.
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8Section 3216
. 938.357 (1) (c) 1r. of the statutes is created to read:
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938.357
(1) (c) 1r. If the proposed change in placement would place the juvenile
10in a residential care center for children and youth, group home, or shelter care facility
11certified under s. 48.675, the qualified individual shall conduct a standardized
12assessment and the person or agency primarily responsible for implementing the
13dispositional order shall submit it and the recommendation of the qualified
14individual who conducted the standardized assessment, including the information
15specified in sub. (1) (am) 1m., to the court and to the party that requested the change
16in placement under subd. 1. no later than the filing of that request or, if not available
17by that time, no later than 30 days after the date on which the placement was made.
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18Section 3217
. 938.357 (2) (a) of the statutes is renumbered 938.357 (2) (a) 1.
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19Section 3218
. 938.357 (2) (a) 2., 3. and 4. of the statutes are created to read:
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938.357
(2) (a) 2. If the emergency change in placement under subd. 1. results
21in a juvenile being placed in a residential care center for children and youth, group
22home, or shelter care facility certified under s. 48.675, the qualified individual shall
23conduct a standardized assessment and the person or agency primarily responsible
24for implementing the dispositional order shall submit it and the recommendation of
25the qualified individual who conducted the standardized assessment, including the
1information specified under sub. (1) (am) 1m. with the notice under subd. 1. or, if not
2available at that time, and except as provided under subd. 3., no later than 10 days
3after the filing of that notice.
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3. If, for good cause shown, the information required to be submitted under
5subd. 2. is not available by the deadline under that subdivision, the person or agency
6primarily responsible for implementing the dispositional order shall submit it no
7later than 30 days after the date on which the placement was made.
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4. If the emergency change in placement under subd. 1. results in a juvenile
9being placed in a residential care center for children and youth, group home, or
10shelter care facility certified under s. 48.675, the court shall, no later than 60 days
11after the placement is made, issue an order making the findings under sub. (2v) (a)
125., the answers to which do not affect whether the placement may be made, after
13considering the standardized assessment and the recommendation of the qualified
14individual who conducted the standardized assessment.
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15Section 3219
. 938.357 (2) (b) 5. and 6. of the statutes are created to read:
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938.357
(2) (b) 5. If the emergency change in placement under this paragraph
17results in a juvenile being placed in a residential care center for children and youth,
18group home, or shelter care facility certified under s. 48.675, the qualified individual
19shall conduct a standardized assessment and the person or agency primarily
20responsible for implementing the dispositional order shall submit it and the
21recommendation of the qualified individual who conducted the standardized
22assessment, including the information specified in sub. (1) (am) 1m., to the court and
23all persons who are required to receive the notice under subd. 2. that requested the
24change in placement no later than the filing of that request or, if not available by that
25time, no later than 30 days after the date on which the placement was made.
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16. If the emergency change in placement this paragraph results in a juvenile
2being placed in a residential care center for children and youth, group home, or
3shelter care facility certified under s. 48.675, the court shall, no later than 60 days
4after the placement is made, issue an order making the findings under sub. (2v) (a)
55., the answers to which do not affect whether the placement may be made, after
6considering the standardized assessment and the recommendation of the qualified
7individual who conducted the standardized assessment.
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8Section 3220
. 938.357 (2m) (a) of the statutes is renumbered 938.357 (2m) (a)
91.
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10Section 3221
. 938.357 (2m) (a) 2. of the statutes is created to read:
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938.357
(2m) (a) 2. If the change in placement results in the juvenile being
12placed in a residential care center for children and youth, group home, or shelter care
13facility certified under s. 48.675, the qualified individual shall conduct a
14standardized assessment and the person or agency primarily responsible for
15implementing the dispositional order shall submit it and the recommendation of the
16qualified individual who conducted the standardized assessment, including the
17information under sub. (1) (am) 1m., to the court and to the party that requested the
18change in placement under subd. 1. no later than the filing of that request or, if not
19available by that time, no later than 30 days after the date on which the placement
20was made.
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21Section 3222
. 938.357 (2v) (a) 5. and 6. of the statutes are created to read:
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938.357
(2v) (a) 5. Except as provided in subd. 6., if the court changes the
23placement to a residential care center for children and youth, group home, or shelter
24care facility certified under s. 48.675, the change-in-placement order shall contain
25a finding as to each of the following, the answers to which do not affect whether the
1placement may be made, after considering the standardized assessment and the
2recommendation of the qualified individual who conducted the standardized
3assessment:
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a. Whether the needs of the juvenile can be met through placement in a foster
5home.
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b. Whether placement of the juvenile in a residential care center for children
7and youth, group home, or shelter care facility certified under s. 48.675 provides the
8most effective and appropriate level of care for the juvenile in the least restrictive
9environment.
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c. Whether the placement is consistent with the short-term and long-term
11goals for the juvenile, as specified in the permanency plan.
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d. Whether the court approves or disapproves the placement.
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6. If the results of the standardized assessment and recommendation of the
14qualified individual who conducted the standardized assessment are not available
15at the time of the order, the court shall defer making the findings under subd. 5. as
16provided in this paragraph. No later than 60 days after the date on which the
17placement was made, the court shall issue an order making the findings under subd.
185.
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19Section 3223
. 938.357 (3) (a) of the statutes is amended to read:
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938.357
(3) (a) Subject to subs. (4)
(b), (c), and (d) and (5) (e), if the proposed
21change in placement would involve placing a juvenile in a juvenile correctional
22facility or a secured residential care center for children and youth, notice shall be
23given as provided in sub. (1) (am) 1. A hearing shall be held, unless waived by the
24juvenile, parent, guardian, and legal custodian, before the court makes a decision on
25the request. The juvenile is entitled to counsel at the hearing, and any party
1opposing or favoring the proposed new placement may present relevant evidence and
2cross-examine witnesses.
The Under par. (b), the department of corrections shall
3have the opportunity to object to a change of placement of a juvenile from a secured
4residential care center for children and youth
operated by a county, Indian tribe, or
5child welfare agency to a
Type 1 juvenile correctional facility under par. (b) secured
6residential care center for children and youth operated by the department of
7corrections. The proposed new placement may be approved only if the court finds,
8on the record, that the conditions set forth in s. 938.34 (4m) (a) and (b) have been met.
SB111,3224
9Section 3224
. 938.357 (3) (b) (intro.) of the statutes is amended to read:
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938.357
(3) (b) (intro.)
Notwithstanding s. 938.34 (4m) and subject to par. (c),
11the court may order placement in a Type 1 juvenile correctional facility operated by
12the department of corrections for a juvenile who was adjudicated delinquent under
13s. 938.34 (4m) If the proposed change in placement would involve placing a juvenile
14who is under the supervision of a county department under s. 938.34 (4m) in a
15secured residential care center for children and youth operated by the department
16of corrections, the court may order the placement only if the court finds, after a
17hearing under this section, that any of the following apply: