AB188-ASA1,26 13Section 26 . 938.02 (15g) of the statutes is amended to read:
AB188-ASA1,10,1814 938.02 (15g) “Secured residential care center for children and youth" means
15a facility that complies with the requirements of ss. 301.37 and 938.48 (16) (b)
16operated by an Indian tribe or a county under ss. 46.20, 59.53 (8m), 301.26, 301.27,
17and 938.22 (1) (a) or by a child welfare agency that is licensed under s. 48.66 (1) (b)
18to hold in secure custody persons adjudged delinquent.
AB188-ASA1,27 19Section 27 . 938.22 (1) (a) of the statutes is amended to read:
AB188-ASA1,11,1320 938.22 (1) (a) The county board of supervisors of a county may establish a
21juvenile detention facility or secured residential care center for children and youth
22in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or
23more counties may jointly establish a juvenile detention facility or secured
24residential care center for children and youth in accordance with ss. 46.20, 59.53
25(8m), 301.36, and 301.37. An Indian tribe may establish a secured residential care

1center for children and youth in accordance with ss. 301.36 and 301.37 or may
2contract with a county board of supervisors to hold juveniles who are adjudicated
3delinquent by the tribal court in that county's secured residential care center for
4children and youth
. The county board of supervisors of a county may establish a
5shelter care facility in accordance with ss. 48.576 and 48.578 or the county boards
6of supervisors for 2 or more counties may jointly establish a shelter care facility in
7accordance with ss. 46.20, 48.576, and 48.578. A private entity may establish a
8juvenile detention facility in accordance with ss. 301.36 and 301.37 and contract with
9one or more county boards of supervisors under s. 938.222 to hold juveniles in the
10private juvenile detention facility. Subject to ss. 48.66 (1) (b), 301.36, and 301.37, a
11child welfare agency may establish a secured residential care center for children and
12youth and contract with one or more county boards of supervisors or an Indian tribe
13to hold juveniles in the secured residential care center for children and youth.
AB188-ASA1,28 14Section 28. 938.22 (2) (d) 2. of the statutes is amended to read:
AB188-ASA1,11,2415 938.22 (2) (d) 2. After January July 1, 2021, the number of juveniles that may
16be housed at a juvenile detention facility under subd. 1. is limited to the number that
17are housed at is equal to the average daily population of juveniles housed under subd.
181., rounded up to the nearest whole number, of
the juvenile detention facility on
19January 1
between July 1, 2018, and June 30, 2021, excluding any juveniles placed
20there under 2019 Wisconsin Act .... (this act), section 72 (1 ),
and the juvenile
21detention facility may not be altered or added to or repaired in excess of 50 percent
22of its assessed value. If a juvenile detention facility violates this subdivision, it is no
23longer authorized to accept juveniles for placement for more than 30 consecutive
24days.
AB188-ASA1,29 25Section 29 . 938.33 (1) (c) of the statutes is amended to read:
AB188-ASA1,12,6
1938.33 (1) (c) A description of the specific services or continuum of services that
2the agency is recommending the court to order for the juvenile or family, the persons
3or agencies that would be primarily responsible for providing those services, and the
4identity of the person or agency that would provide case management or coordination
5of services, if any, and whether or not the juvenile should receive a coordinated
6services plan of care.
AB188-ASA1,30 7Section 30 . 938.33 (3r) of the statutes is amended to read:
AB188-ASA1,12,178 938.33 (3r) Serious juvenile offender report. If a juvenile has been
9adjudicated delinquent for committing a violation for which the juvenile may be
10placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report
11shall be in writing and, in addition to the information specified in sub. (1) and in sub.
12(3) or (4), if applicable, shall include an analysis of the juvenile's suitability for
13placement in the serious juvenile offender program under s. 938.34 (4h) or in a
14juvenile correctional facility secured residential care center for children and youth
15under s. 938.34 (4m), a placement specified in s. 938.34 (3), or placement in the
16juvenile's home with supervision and community-based programming and a
17recommendation as to the type of placement for which the juvenile is best suited.
AB188-ASA1,31 18Section 31 . 938.33 (6) of the statutes is created to read:
AB188-ASA1,12,2219 938.33 (6) Retention. Reports submitted under this section shall be retained
20in the record of the pending action, which shall be made available to the agency that
21is designated to supervise the juvenile under a disposition under s. 938.34 or a
22change of placement order under s. 938.357.
AB188-ASA1,32 23Section 32 . 938.34 (4m) (intro.) of the statutes is amended to read:
AB188-ASA1,13,324 938.34 (4m) Correctional placement. (intro.) Place the juvenile under the
25supervision of the department of corrections
in a juvenile correctional facility or

1under the supervision of the county department in a secured residential care center
2for children and youth under the supervision of identified by the county department
3or the department of corrections if all of the following apply:
AB188-ASA1,33 4Section 33 . 938.34 (4m) (intro.) of the statutes, as affected by 2017 Wisconsin
5Act 185
, section 62, is repealed and recreated to read:
AB188-ASA1,13,86 938.34 (4m) Correctional placement. (intro.) Place the juvenile under the
7supervision of the county department in a secured residential care center for children
8and youth identified by the county department if all of the following apply:
AB188-ASA1,34 9Section 34 . 938.34 (4n) (intro.) of the statutes is amended to read:
AB188-ASA1,13,2410 938.34 (4n) Community supervision or aftercare Aftercare supervision.
11(intro.) In the case of a juvenile who has received a correctional placement under sub.
12(4m), designate the county department one of the following to provide aftercare
13supervision for the juvenile following the juvenile's release from a secured
14residential care center for children and youth or Type 1 juvenile correctional facility.
15In the case of a juvenile who has been placed in a juvenile correctional facility or a
16secured residential care center for children and youth under the supervision of the
17department of corrections, designate the department of corrections to provide
18community supervision for the juvenile following the juvenile's release from that
19facility or center or, subject to any arrangement between the department of
20corrections and a county department regarding the provision of aftercare
21supervision for juveniles who have been released from a juvenile correctional facility
22or a secured residential care center for children and youth, designate one of the
23following to provide aftercare supervision for the juvenile following the juvenile's
24release from that facility or center
:
AB188-ASA1,35 25Section 35 . 938.355 (2) (b) 1. of the statutes is amended to read:
AB188-ASA1,14,3
1938.355 (2) (b) 1. The specific Specific services to be provided to the juvenile
2and the juvenile's family, and, if custody is to be transferred to effect the treatment
3plan, the identity of the legal custodian.
AB188-ASA1,36 4Section 36 . 938.355 (2) (b) 2. of the statutes is amended to read:
AB188-ASA1,14,145 938.355 (2) (b) 2. If the juvenile is placed outside the home under s. 938.34 (3)
6or (4d)
, the name of the place or facility, including transitional placements, where the
7juvenile shall be cared for or treated, except that if the placement is a foster home
8and the name and address of the foster parent is not available at the time of the order,
9the name and address of the foster parent shall be furnished to the court and the
10parent within 21 days after the order. If, after a hearing on the issue with due notice
11to the parent or guardian, the court finds that disclosure of the identity of the foster
12parent would result in imminent danger to the juvenile or the foster parent, the court
13may order the name and address of the prospective foster parents withheld from the
14parent or guardian.
AB188-ASA1,37 15Section 37 . 938.355 (2) (b) 2m. of the statutes is created to read:
AB188-ASA1,14,1816 938.355 (2) (b) 2m. If the juvenile is placed outside the home under s. 938.34
17(4m), the name of the county department that will provide supervision and
18determine placement for the juvenile.
AB188-ASA1,38 19Section 38 . 938.355 (2) (b) 6m. of the statutes is amended to read:
AB188-ASA1,15,220 938.355 (2) (b) 6m. If the juvenile is placed outside the home in a placement
21under s. 938.34 (3) or (4d) recommended by the agency designated under s. 938.33
22(1), a statement that the court approves the placement recommended by the agency
23or, if the juvenile is placed outside the home in a placement other than a placement
24recommended by that agency, a statement that the court has given bona fide

1consideration to the recommendations made by the agency and all parties relating
2to the juvenile's placement.
AB188-ASA1,39 3Section 39 . 938.355 (2) (b) 6n. of the statutes is created to read:
AB188-ASA1,15,74 938.355 (2) (b) 6n. If the juvenile is placed outside the home under s. 938.34
5(4m), a statement that the court has given bona fide consideration to the
6recommendations made by the agency and all parties relating to the juvenile's
7placement.
AB188-ASA1,40 8Section 40 . 938.357 (3) (b) (intro.) and (c) of the statutes are amended to read: