8,41 Section 41 . 938.357 (3) (e) of the statutes is created to read:
938.357 (3) (e) A juvenile who is placed in a Type 1 juvenile correctional facility under par. (b) is under the supervision of the department of corrections. The change of placement order shall designate the department of corrections to provide community supervision or the county department to provide aftercare supervision for the juvenile following the juvenile's release from the Type 1 juvenile correctional facility.
8,42 Section 42 . 938.357 (4) (as) of the statutes is created to read:
938.357 (4) (as) When a juvenile is placed under the supervision of a county department, that department may place the juvenile in a secured residential care center for children and youth or on aftercare supervision, either immediately or after a period of placement in a secured residential care center for children and youth. The county department shall send written notice of any change in placement to the parent, guardian, legal custodian, if any, and the court. The county department shall be responsible for decisions regarding the release of a juvenile who is under its supervision.
8,43 Section 43 . 938.357 (4g) (a) of the statutes is amended to read:
938.357 (4g) (a) Not later than 120 days after the date on which the juvenile is placed in a juvenile correctional facility or a secured residential care center for children and youth, or within 30 days after the date on which the department of corrections requests the community supervision or aftercare plan, whichever is earlier, the community supervision provider or the aftercare provider designated under s. 938.34 (4n) shall prepare a community supervision or aftercare plan for the juvenile. If the juvenile is to be placed on aftercare supervision, the county department designated as the aftercare provider shall submit the aftercare plan to the department of corrections within the applicable period specified in this paragraph, unless the department of corrections waives the period under par. (b).
8,44 Section 44. 938.48 (3) of the statutes, as affected by 2017 Wisconsin Act 185, section 78, is amended to read:
938.48 (3) Supervision and special treatment or care. Accept supervision over juveniles transferred to it by the court under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4), and provide special treatment or care to juveniles when directed by the court. Except as provided in s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.
8,45 Section 45 . 938.48 (4) of the statutes, as affected by 2017 Wisconsin Act 185, section 80, is amended to read:
938.48 (4) Care, training, and placement. Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4), including serving those juveniles in their own homes, placing them in licensed foster homes or licensed group homes under s. 48.63 or in independent living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for a juvenile in its custody unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.
8,46 Section 46 . 938.48 (4m) (b) of the statutes, as affected by 2017 Wisconsin Act 185, section 82, is amended to read:
938.48 (4m) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h) or (4n) or 938.357 (3) or (4) when the person reached 17 years of age.
8,47 Section 47 . 938.48 (5) of the statutes, as affected by 2017 Wisconsin Act 185, section 84, is amended to read:
938.48 (5) Moral and religious training. Provide for the moral and religious training of a juvenile under its supervision under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) according to the religious beliefs of the juvenile or of the juvenile's parents.
8,48 Section 48 . 938.48 (6) of the statutes, as affected by 2017 Wisconsin Act 185, section 86, is amended to read:
938.48 (6) Emergency surgery. Consent to emergency surgery under the direction of a licensed physician or surgeon for any juvenile under its supervision under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) upon notification by a licensed physician or surgeon of the need for the surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the juvenile's parent or guardian.
8,49 Section 49 . 938.48 (14) of the statutes, as affected by 2017 Wisconsin Act 185, section 88, is amended to read:
938.48 (14) School-related expenses for juveniles over 17. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to prepare them for gainful employment, and who upon attaining that age were under the supervision of the department under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) as a result of a judicial decision.
8,50 Section 50. 938.48 (16) (b) of the statutes is amended to read:
938.48 (16) (b) Promulgate rules governing services and programming for juveniles in a secured residential care center for children and youth. The department rules shall include uniform data reporting standards for require counties or Indian tribes that operate or contract with a child welfare agency for a secured residential care center for children and youth in rules promulgated under this paragraph to implement trauma-informed principles and evidence-based practices at the facilities and shall include uniform data reporting standards. The department shall base the rules it promulgates under this paragraph on the recommendations provided by the juvenile corrections study committee under 2017 Wisconsin Act 185, section 110 (6) (c) 1.
8,51 Section 51 . 938.505 (1) of the statutes, as affected by 2017 Wisconsin Act 185, section 96, is amended to read:
938.505 (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3), (4), or (5) (e) or under the supervision of a county department under s. 938.34 (4m) or (4n), the department of corrections or county department, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education, and ordinary medical and dental care for the juvenile, subject to the rights, duties, and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.
8,52 Section 52. 938.52 (2) (a) and (c) of the statutes, as affected by 2017 Wisconsin Act 185, section 98, are amended to read:
938.52 (2) (a) In addition to facilities and services under sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections may contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care. Placement of a juvenile in a private or public facility that is not under the jurisdiction of the department of corrections does not terminate that department's supervision over the juvenile under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4). Placements in institutions for persons with a mental illness or development disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am) and ch. 51.
(c) The department of corrections may inspect any facility it is using and examine and consult with persons under its supervision under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) who have been placed in the facility.
8,53 Section 53 . 938.53 of the statutes, as affected by 2017 Wisconsin Act 185, section 100, is amended to read:
938.53 Duration of control of department of corrections over delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent who has been placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) shall be discharged as soon as that department determines that there is a reasonable probability that departmental supervision is no longer necessary for the rehabilitation and treatment of the juvenile or for the protection of the public.
8,54 Section 54 . 938.533 (2) (intro.) of the statutes is amended to read:
938.533 (2) Community supervision services. (intro.) From the appropriation under s. 20.410 (3) (hr), the department of corrections shall purchase or provide community supervision services for juveniles who have been placed under the community supervision of the department of corrections under s. 938.183, 938.34 (4n) (4h), 938.357 (3) or (4), or 938.538 (3) (a) 2. For each juvenile who is placed under community supervision, the department of corrections may purchase or provide any of the following services: