SB111,1653,12 938.299 (2) Use of restraints on a juvenile. (a) Except as provided in par. (b), instruments of restraint such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, or other similar items may not be used on a juvenile during a court proceeding under this chapter and shall be removed prior to the juvenile being brought into the courtroom to appear before the court.

SB111,1653,15 (b) A court may order a juvenile to be restrained during a court proceeding upon request of the district attorney, corporation counsel, or other appropriate official specified under s. 938.09 if the court finds all of the following:

SB111,1653,16 1. That the use of restraints is necessary due to one of the following factors:

SB111,1653,18 a. Instruments of restraint are necessary to prevent physical harm to the juvenile or another person.

SB111,1653,22 b. The juvenile has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or the juvenile presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior.

SB111,1653,24 c. There is a reasonable belief that the juvenile presents a substantial risk of flight from the courtroom.

SB111,1654,3 2. That there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the juvenile or another person, including the presence of court personnel, law enforcement officers, or bailiffs.

SB111,1654,6 (c) The court shall provide the juvenile's attorney an opportunity to be heard before the court orders the use of restraints under par. (b). The court shall make written findings of fact in support of any order to use restraints under par. (b).

SB111,1654,9 (d) If the court orders a juvenile to be restrained under par. (b), the restraints shall allow the juvenile limited movement of the hands to read and handle documents and writings necessary to the hearing.

SB111,1654,11 (e) No juvenile may be restrained during a court proceeding under this chapter using fixed restraints attached to a wall, floor, or furniture.

SB111,3165 Section 3165 . 938.31 (2) of the statutes is amended to read:

SB111,1654,22 938.31 (2) Hearing to the court; procedures. The Except as provided in s. 938.184 (6) (a), the hearing shall be to the court. If the hearing involves a child victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s. 950.02 (5), the court may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court shall make a determination of the facts. If the court finds that the juvenile is not within the jurisdiction of the court or the court finds that the facts alleged in the petition or citation have not been proved, the court shall dismiss the petition or citation with prejudice.

SB111,3166 Section 3166 . 938.32 (1) (br) of the statutes is created to read:

SB111,1655,6 938.32 (1) (br) If the consent decree places a juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the agency primarily responsible for providing services to the juvenile shall submit it and the recommendation of the qualified individual who completed the assessment, including all of the following, to the court and to all persons who are parties to the consent decree, no later than the time the consent decree is entered or, if not available by that time, no later than 30 days after the date on which the placement is made:

SB111,1655,8 1. Whether the proposed placement will provide the juvenile with the most effective and appropriate level of care in the least restrictive environment.

SB111,1655,10 2. How the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

SB111,1655,13 3. The reasons why the juvenile's needs can or cannot be met by the juvenile's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the juvenile's needs cannot be met in a foster home.

SB111,1655,16 4. The placement preference of the family permanency team under s. 938.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

SB111,3167 Section 3167 . 938.32 (1) (c) 1r. of the statutes is created to read:

SB111,1655,23 938.32 (1) (c) 1r. Except as provided in par. (cd), if the juvenile is placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment under par. (br):

SB111,1655,25 a. Whether the needs of the juvenile can be met through placement in a foster home.

SB111,1656,4 b. Whether placement of the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the juvenile in the least restrictive environment.

SB111,1656,6 c. Whether the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

SB111,1656,7 d. Whether the court approves or disapproves the placement.

SB111,3168 Section 3168 . 938.32 (1) (cd) of the statutes is created to read:

SB111,1656,14 938.32 (1) (cd) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required but not available at the time of the order, the court shall defer making the findings under par. (c) 1r. as provided in this paragraph. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under par. (c) 1r.

SB111,3169 Section 3169 . 938.32 (1x) of the statutes is amended to read:

SB111,1656,22 938.32 (1x) Supervised work program. If the petition alleges that the juvenile violated s. 943.017 and the juvenile has attained 10 12 years of age, the court may require, as a condition of the consent decree, that the juvenile participate for not less than 10 hours nor more than 100 hours in a supervised work program under s. 938.34 (5g) or perform not less than 10 hours nor more than 100 hours of other community service work, except that if the juvenile has not attained 14 years of age the maximum number of hours is a total of 40 under the consent decree.

SB111,3170 Section 3170 . 938.33 (3) (c) of the statutes is created to read: