SB168,30
4Section 30
. 938.34 (4n) (intro.) of the statutes is amended to read:
SB168,12,195
938.34
(4n) Community supervision or aftercare Aftercare supervision. 6(intro.) In the case of a juvenile who has received a correctional placement under sub.
7(4m), designate
the county department one of the following to provide aftercare
8supervision for the juvenile following the juvenile's release from a secured
9residential care center for children and youth or Type 1 juvenile correctional facility
.
10In the case of a juvenile who has been placed in a juvenile correctional facility or a
11secured residential care center for children and youth under the supervision of the
12department of corrections, designate the department of corrections to provide
13community supervision for the juvenile following the juvenile's release from that
14facility or center or, subject to any arrangement between the department of
15corrections and a county department regarding the provision of aftercare
16supervision for juveniles who have been released from a juvenile correctional facility
17or a secured residential care center for children and youth, designate one of the
18following to provide aftercare supervision for the juvenile following the juvenile's
19release from that facility or center:
SB168,31
20Section 31
. 938.355 (2) (b) 1. of the statutes is amended to read:
SB168,12,2321
938.355
(2) (b) 1.
The specific
Specific services to be provided to the juvenile
22and the juvenile's family, and, if custody is to be transferred to effect the treatment
23plan, the identity of the legal custodian.
SB168,32
24Section 32
. 938.355 (2) (b) 2. of the statutes is amended to read:
SB168,13,10
1938.355
(2) (b) 2. If the juvenile is placed outside the home
under s. 938.34 (3)
2or (4d), the name of the place or facility, including transitional placements, where the
3juvenile shall be cared for or treated, except that if the placement is a foster home
4and the name and address of the foster parent is not available at the time of the order,
5the name and address of the foster parent shall be furnished to the court and the
6parent within 21 days after the order. If, after a hearing on the issue with due notice
7to the parent or guardian, the court finds that disclosure of the identity of the foster
8parent would result in imminent danger to the juvenile or the foster parent, the court
9may order the name and address of the prospective foster parents withheld from the
10parent or guardian.
SB168,33
11Section 33
. 938.355 (2) (b) 2m. of the statutes is created to read:
SB168,13,1412
938.355
(2) (b) 2m. If the juvenile is placed outside the home under s. 938.34
13(4m), the name of the county department that will provide supervision and
14determine placement for the juvenile.
SB168,34
15Section 34
. 938.355 (2) (b) 6m. of the statutes is amended to read:
SB168,13,2216
938.355
(2) (b) 6m. If the juvenile is placed outside the home in a placement
17under s. 938.34 (3) or (4d) recommended by the agency designated under s. 938.33
18(1), a statement that the court approves the placement recommended by the agency
19or, if the juvenile is placed outside the home in a placement other than a placement
20recommended by that agency, a statement that the court has given bona fide
21consideration to the recommendations made by the agency and all parties relating
22to the juvenile's placement.
SB168,35
23Section 35
. 938.355 (2) (b) 6n. of the statutes is created to read:
SB168,14,224
938.355
(2) (b) 6n. If the juvenile is placed outside the home under s. 938.34
25(4m), a statement that the court has given bona fide consideration to the
1recommendations made by the agency and all parties relating to the juvenile's
2placement.
SB168,36
3Section 36
. 938.357 (3) (b) (intro.) and (c) of the statutes are amended to read:
SB168,14,84
938.357
(3) (b) (intro.) Notwithstanding s. 938.34 (4m) and subject to par. (c),
5the court may order placement in a Type 1 juvenile correctional facility
under
6supervision of operated by the department of corrections for a juvenile who was
7adjudicated delinquent under s. 938.34 (4m) if the court finds, after a hearing under
8this section, that any of the following apply:
SB168,14,189
(c)
Upon Notwithstanding s. 938.34 (4m), upon the recommendation of the
10department of health services, the court may order the placement of a juvenile
under
11par. (b) who was adjudicated delinquent under s. 938.34 (4m) at the Mendota juvenile
12treatment center
if par. (b) 1. a. to c. are met. The department of health services shall
13determine the date for the actual transfer of the juvenile to the Mendota juvenile
14treatment center, and no change of placement to the Mendota juvenile treatment
15center may be ordered without the prior agreement of the department of health
16services to admit the juvenile. No further hearing or court order is necessary for the
17department of health services to transfer the juvenile back to the supervision of the
18county department.
SB168,37
19Section 37
. 938.357 (3) (e) and (f) of the statutes are created to read:
SB168,14,2520
938.357
(3) (e) A juvenile who is placed in a Type 1 juvenile correctional facility
21under par. (b) is under the supervision of the department of corrections. The change
22of placement order shall designate the department of corrections to provide
23community supervision or the county department to provide aftercare supervision
24for the juvenile following the juvenile's release from the Type 1 juvenile correctional
25facility.
SB168,15,3
1(f) A juvenile who is placed at the Mendota juvenile treatment center under par.
2(c) is under the supervision of the department of health services until the juvenile
3is released back to the supervision of the county department.
SB168,38
4Section 38
. 938.357 (4) (as) of the statutes is created to read:
SB168,15,125
938.357
(4) (as) When a juvenile is placed under the supervision of a county
6department, that department may place the juvenile in a secured residential care
7center for children and youth or on aftercare supervision, either immediately or after
8a period of placement in a secured residential care center for children and youth. The
9county department shall send written notice of any change in placement to the
10parent, guardian, legal custodian, if any, and the court. The county department shall
11be responsible for decisions regarding the release of a juvenile who is under its
12supervision.
SB168,39
13Section 39
. 938.357 (4g) (a) of the statutes is amended to read:
SB168,15,2314
938.357
(4g) (a) Not later than 120 days after the date on which the juvenile
15is placed in a juvenile correctional facility or a secured residential care center for
16children and youth, or within 30 days after the date on which the department of
17corrections requests the community supervision or aftercare plan, whichever is
18earlier, the community supervision
provider or
the aftercare provider designated
19under s. 938.34 (4n) shall prepare a community supervision or aftercare plan for the
20juvenile. If the juvenile is to be placed on aftercare supervision, the county
21department designated as the aftercare provider shall submit the aftercare plan to
22the department of corrections within the applicable period specified in this
23paragraph, unless the department of corrections waives the period under par. (b).
SB168,16,6
1938.48
(3) Supervision and special treatment or care. Accept supervision
2over juveniles transferred to it by the court under s. 938.183, 938.34 (4h)
or (4n), or
3938.357 (3) or (4), and provide special treatment or care to juveniles when directed
4by the court. Except as provided in s. 938.505 (2), a court may not direct the
5department to administer psychotropic medications to juveniles who receive special
6treatment or care under this subsection.
SB168,16,229
938.48
(4) Care, training, and placement. Provide appropriate care and
10training for juveniles under its supervision under s. 938.183, 938.34 (4h)
or (4n), or
11938.357 (3) or (4), including serving those juveniles in their own homes, placing them
12in licensed foster homes or licensed group homes under s. 48.63 or in independent
13living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed
14child welfare agencies, or replacing them in juvenile correctional facilities or secured
15residential care centers for children and youth in accordance with rules promulgated
16under ch. 227, except that the department may not purchase the educational
17component of private day treatment programs for a juvenile in its custody unless the
18department, the school board, as defined in s. 115.001 (7), and the state
19superintendent of public instruction all determine that an appropriate public
20education program is not available for the juvenile. Disputes between the
21department and the school district shall be resolved by the state superintendent of
22public instruction.
SB168,17,2
1938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
2938.34 (4h)
or (4n) or 938.357 (3) or (4) when the person reached 17 years of age.