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938.355
(2) (b) 6. If the juvenile is placed outside the home, a finding that
12continued placement of the juvenile in his or her home would be contrary to the
13welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is
14placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d)
or (4d), a finding that
15the juvenile's current residence will not safeguard the welfare of the juvenile or the
16community due to the serious nature of the act for which the juvenile was adjudicated
17delinquent. The court order shall also contain a finding as to whether the county
18department or the agency primarily responsible for providing services under a court
19order has made reasonable efforts to prevent the removal of the juvenile from the
20home, while assuring that the juvenile's health and safety are the paramount
21concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1.
22to 4. applies, and, if a permanency plan has previously been prepared for the juvenile,
23a finding as to whether the county department or agency has made reasonable efforts
24to achieve the permanency goal of the juvenile's permanency plan, including, if
25appropriate, through an out-of-state placement. The court shall make the findings
1specified in this subdivision on a case-by-case basis based on circumstances specific
2to the juvenile and shall document or reference the specific information on which
3those findings are based in the court order. A court order that merely references this
4subdivision without documenting or referencing that specific information in the
5court order or an amended court order that retroactively corrects an earlier court
6order that does not comply with this subdivision is not sufficient to comply with this
7subdivision.
SB111,3194
8Section 3194
. 938.355 (2) (b) 6d. of the statutes is created to read:
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938.355
(2) (b) 6d. Except as provided in par. (cd), if the juvenile is placed in
10a residential care center for children and youth, group home, or shelter care facility
11certified under s. 48.675, a finding as to each of the following, the answers to which
12do not affect whether the placement may be made, after considering the
13standardized assessment and the recommendation of the qualified individual who
14conducted the standardized assessment:
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a. Whether the needs of the juvenile can be met through placement in a foster
16home.
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b. Whether placement of the juvenile in a residential care center for children
18and youth, group home, or shelter care facility certified under s. 48.675 provides the
19most effective and appropriate level of care for the juvenile in the least restrictive
20environment.
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c. Whether the placement is consistent with the short-term and long-term
22goals for the juvenile, as specified in the permanency plan.
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d. Whether the court approves or disapproves the placement.
SB111,3195
24Section 3195
. 938.355 (2) (b) 6m. of the statutes is amended to read:
SB111,1666,7
1938.355
(2) (b) 6m. If the juvenile is placed outside the home in a placement
2under s. 938.34 (3)
or (4d) recommended by the agency designated under s. 938.33
3(1), a statement that the court approves the placement recommended by the agency
4or, if the juvenile is placed outside the home in a placement other than a placement
5recommended by that agency, a statement that the court has given bona fide
6consideration to the recommendations made by the agency and all parties relating
7to the juvenile's placement.
SB111,3196
8Section 3196
. 938.355 (2) (b) 6o. of the statutes is created to read:
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938.355
(2) (b) 6o. If the juvenile is placed under the supervision of the
10department of corrections under s. 938.34 (4p), a finding that a disposition under s.
11938.34 (4m) is insufficient to protect public safety or for rehabilitation, considering
12the juvenile's risk, treatment needs, and age and the severity of the offense.
SB111,3197
13Section 3197
. 938.355 (2) (cd) of the statutes is created to read:
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938.355
(2) (cd) If the results of the standardized assessment and
15recommendation of the qualified individual who conducted the standardized
16assessment are required but not available at the time of the order, the court shall
17defer making the findings under par. (b) 6d. as provided in this paragraph. No later
18than 60 days after the date on which the placement was made, the court shall issue
19an order making the findings under par. (b) 6d.
SB111,3198
20Section 3198
. 938.355 (4) (b) of the statutes is renumbered 938.355 (4) (b) 1.
21and amended to read:
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938.355
(4) (b) 1. Except as provided in s. 938.368, an order under s. 938.34 (4d)
23or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
24after the date on which the order is granted or until the juvenile's
18th 19th birthday,
25whichever is earlier, unless the court specifies a shorter period of time or the court
1terminates the order sooner. If the order does not specify a termination date, it shall
2apply for one year after the date on which the order is granted or until the juvenile's
318th 19th birthday, whichever is earlier, unless the court terminates the order
4sooner.
Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
5the juvenile attains 18 years of age shall apply for 5 years after the date on which the
6order is granted, if the juvenile is adjudicated delinquent for committing a violation
7of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
8felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
9juvenile is adjudicated delinquent for committing an act that would be punishable
10as a Class A felony if committed by an adult.
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112. Except as provided in s. 938.368, an extension of an order under s. 938.34
12(4d),
(4h), (4m), or (4n) made before the juvenile
attains 17 years of age becomes an
13adult shall terminate at the end of one year after the date on which the order is
14granted unless the court specifies a shorter period of time or the court terminates the
15order sooner.
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164. No extension under s. 938.365 of an original dispositional order under s.
17938.34 (4d),
(4h), (4m), or (4n) may be granted for a juvenile who
is 17 years of age
18or older when becomes an adult by the time the original dispositional order
19terminates.
SB111,3199
20Section 3199
. 938.355 (4) (b) of the statutes, as affected by 2021 Wisconsin Act
21.... (this act), is amended to read:
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938.355
(4) (b) 1. Except as provided in s. 938.368, an order under s. 938.34
(4d)
23or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
24after the date on which the order is granted or until the juvenile's 19th birthday,
25whichever is earlier, unless the court specifies a shorter period of time or the court
1terminates the order sooner. If the order does not specify a termination date, it shall
2apply for one year after the date on which the order is granted or until the juvenile's
319th birthday, whichever is earlier, unless the court terminates the order sooner.
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2. Except as provided in s. 938.368, an extension of an order under s. 938.34
5(4d), (4m)
, or (4n) made before the juvenile becomes an adult shall terminate at the
6end of one year after the date on which the order is granted unless the court specifies
7a shorter period of time or the court terminates the order sooner.
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4. No extension under s. 938.365 of an original dispositional order under s.
9938.34
(4d), (4m)
, or (4n) may be granted for a juvenile who becomes an adult by the
10time the original dispositional order terminates.
SB111,3200
11Section 3200
. 938.355 (4) (b) 5. of the statutes is created to read:
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938.355
(4) (b) 5. An order under ss. 938.34 (4p) and 938.369 (3) shall terminate
13on the juvenile's 23rd birthday, or, if the juvenile was convicted of a violation or
14attempted violation of s. 940.01, the juvenile's 25th birthday unless the court
15specifies a shorter period of time or the court terminates the order sooner.
SB111,3201
16Section 3201
. 938.355 (4m) (a) of the statutes is amended to read:
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938.355
(4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
181993 stats., or s. 938.12 may, on
attaining 17 years of age becoming an adult, petition
19the court to expunge the court's record of the juvenile's adjudication. Subject to par.
20(b), the court may expunge the record if the court determines that the juvenile has
21satisfactorily complied with the conditions of his or her dispositional order and that
22the juvenile will benefit from, and society will not be harmed by, the expungement.
SB111,3202
23Section 3202
. 938.355 (6) (a) 1. of the statutes is amended to read:
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938.355
(6) (a) 1. Except as provided in
subd. subds. 3.
and 4., if a juvenile who
25has been adjudged delinquent or to have violated a civil law or ordinance, other than
1an ordinance enacted under s. 118.163 (1m) or (2), violates a condition specified in
2sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in
3par. (d).
SB111,3203
4Section 3203
. 938.355 (6) (a) 4. of the statutes is created to read:
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938.355
(6) (a) 4. The court may only place a juvenile in a juvenile detention
6facility or juvenile portion of a county jail under subd. 1. if all of the following apply: