AB68-SSA1,1460,3
12. That there are no less restrictive alternatives to restraints that will prevent
2flight or physical harm to the juvenile or another person, including the presence of
3court personnel, law enforcement officers, or bailiffs.
AB68-SSA1,1460,64
(c) The court shall provide the juvenile's attorney an opportunity to be heard
5before the court orders the use of restraints under par. (b). The court shall make
6written findings of fact in support of any order to use restraints under par. (b).
AB68-SSA1,1460,97
(d) If the court orders a juvenile to be restrained under par. (b), the restraints
8shall allow the juvenile limited movement of the hands to read and handle
9documents and writings necessary to the hearing.
AB68-SSA1,1460,1110
(e) No juvenile may be restrained during a court proceeding under this chapter
11using fixed restraints attached to a wall, floor, or furniture.
AB68-SSA1,3175
12Section
3175. 938.31 (2) of the statutes is amended to read:
AB68-SSA1,1460,2213
938.31
(2) Hearing to the court; procedures. The
Except as provided in s.
14938.184 (6) (a), the hearing shall be to the court. If the hearing involves a child
15victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s. 950.02
16(5), the court may order that a deposition be taken by audiovisual means and allow
17the use of a recorded deposition under s. 967.04 (7) to (10) and, with the district
18attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court
19shall make a determination of the facts. If the court finds that the juvenile is not
20within the jurisdiction of the court or the court finds that the facts alleged in the
21petition or citation have not been proved, the court shall dismiss the petition or
22citation with prejudice.
AB68-SSA1,3176
23Section
3176.
938.32 (1) (br) of the statutes is created to read:
AB68-SSA1,1461,624
938.32
(1) (br) If the consent decree places a juvenile in a residential care center
25for children and youth, group home, or shelter care facility certified under s. 48.675,
1the qualified individual shall conduct a standardized assessment and the agency
2primarily responsible for providing services to the juvenile shall submit it and the
3recommendation of the qualified individual who completed the assessment,
4including all of the following, to the court and to all persons who are parties to the
5consent decree, no later than the time the consent decree is entered or, if not available
6by that time, no later than 30 days after the date on which the placement is made:
AB68-SSA1,1461,87
1. Whether the proposed placement will provide the juvenile with the most
8effective and appropriate level of care in the least restrictive environment.
AB68-SSA1,1461,109
2. How the placement is consistent with the short-term and long-term goals
10for the juvenile, as specified in the permanency plan.
AB68-SSA1,1461,1311
3. The reasons why the juvenile's needs can or cannot be met by the juvenile's
12family or in a foster home. A shortage or lack of foster homes is not an acceptable
13reason for determining that the juvenile's needs cannot be met in a foster home.
AB68-SSA1,1461,1614
4. The placement preference of the family permanency team under s. 938.38
15(3m) and, if that preference is not the placement recommended by the qualified
16individual, why that recommended placement is not preferred.
AB68-SSA1,3177
17Section
3177. 938.32 (1) (c) 1r. of the statutes is created to read:
AB68-SSA1,1461,2318
938.32
(1) (c) 1r. Except as provided in par. (cd), if the juvenile is placed in a
19residential care center for children and youth, group home, or shelter care facility
20certified under s. 48.675, a finding as to each of the following, the answers to which
21do not affect whether the placement may be made, after considering the
22standardized assessment and the recommendation of the qualified individual who
23conducted the standardized assessment under par. (br):
AB68-SSA1,1461,2524
a. Whether the needs of the juvenile can be met through placement in a foster
25home.
AB68-SSA1,1462,4
1b. Whether placement of the juvenile in a residential care center for children
2and youth, group home, or shelter care facility certified under s. 48.675 provides the
3most effective and appropriate level of care for the juvenile in the least restrictive
4environment.
AB68-SSA1,1462,65
c. Whether the placement is consistent with the short-term and long-term
6goals for the juvenile, as specified in the permanency plan.
AB68-SSA1,1462,77
d. Whether the court approves or disapproves the placement.
AB68-SSA1,3178
8Section
3178. 938.32 (1) (cd) of the statutes is created to read:
AB68-SSA1,1462,149
938.32
(1) (cd) If the results of the standardized assessment and
10recommendation of the qualified individual who conducted the standardized
11assessment are required but not available at the time of the order, the court shall
12defer making the findings under par. (c) 1r. as provided in this paragraph. No later
13than 60 days after the date on which the placement was made, the court shall issue
14an order making the findings under par. (c) 1r.
AB68-SSA1,3179
15Section
3179. 938.32 (1x) of the statutes is amended to read:
AB68-SSA1,1462,2216
938.32
(1x) Supervised work program. If the petition alleges that the juvenile
17violated s. 943.017 and the juvenile has attained
10
12 years of age, the court may
18require, as a condition of the consent decree, that the juvenile participate for not less
19than 10 hours nor more than 100 hours in a supervised work program under s. 938.34
20(5g) or perform not less than 10 hours nor more than 100 hours of other community
21service work, except that if the juvenile has not attained 14 years of age the
22maximum number of hours is a total of 40 under the consent decree.
AB68-SSA1,3180
23Section
3180. 938.33 (3) (c) of the statutes is created to read:
AB68-SSA1,1463,424
938.33
(3) (c) A recommendation for the specific juvenile correctional facility
25or secured residential care center for children and youth in which the juvenile should
1be placed. An agency recommending placement of the juvenile under the supervision
2of the department of corrections in a juvenile correctional facility shall, in
3consultation with the department of corrections, base its recommendation on an
4assessment of the juvenile's needs.
AB68-SSA1,3181
5Section 3181
. 938.33 (3r) of the statutes is repealed.
AB68-SSA1,3182
6Section
3182. 938.33 (4) (cm) of the statutes is created to read:
AB68-SSA1,1463,87
938.33
(4) (cm) A statement indicating whether the recommended placement
8is certified under s. 48.675.
AB68-SSA1,3183
9Section
3183. 938.33 (4) (cr) of the statutes is created to read:
AB68-SSA1,1463,1510
938.33
(4) (cr) 1. If the report recommends placement of a juvenile in a
11residential care center for children and youth, group home, or shelter care facility
12certified under s. 48.675, except as provided in subd. 2., the report shall contain the
13results of the standardized assessment and the recommendation of the qualified
14individual who conducted the standardized assessment, including all of the
15following: