SB111,1679,322 938.357 (2v) (a) 5. Except as provided in subd. 6., if the court changes the
23placement to a residential care center for children and youth, group home, or shelter
24care facility certified under s. 48.675, the change-in-placement order shall contain
25a finding as to each of the following, the answers to which do not affect whether the

1placement may be made, after considering the standardized assessment and the
2recommendation of the qualified individual who conducted the standardized
3assessment:

SB111,1679,54 a. Whether the needs of the juvenile can be met through placement in a foster
5home.

SB111,1679,96 b. Whether placement of the juvenile in a residential care center for children
7and youth, group home, or shelter care facility certified under s. 48.675 provides the
8most effective and appropriate level of care for the juvenile in the least restrictive
9environment.

SB111,1679,1110 c. Whether the placement is consistent with the short-term and long-term
11goals for the juvenile, as specified in the permanency plan.

SB111,1679,1212 d. Whether the court approves or disapproves the placement.

SB111,1679,1813 6. If the results of the standardized assessment and recommendation of the
14qualified individual who conducted the standardized assessment are not available
15at the time of the order, the court shall defer making the findings under subd. 5. as
16provided in this paragraph. No later than 60 days after the date on which the
17placement was made, the court shall issue an order making the findings under subd.
185.

SB111,1680,820 938.357 (3) (a) Subject to subs. (4) (b), (c), and (d) and (5) (e), if the proposed
21change in placement would involve placing a juvenile in a juvenile correctional
22facility or a secured residential care center for children and youth, notice shall be
23given as provided in sub. (1) (am) 1. A hearing shall be held, unless waived by the
24juvenile, parent, guardian, and legal custodian, before the court makes a decision on
25the request. The juvenile is entitled to counsel at the hearing, and any party

1opposing or favoring the proposed new placement may present relevant evidence and
2cross-examine witnesses. The Under par. (b), the department of corrections shall
3have the opportunity to object to a change of placement of a juvenile from a secured
4residential care center for children and youth operated by a county, Indian tribe, or
5child welfare agency to a Type 1 juvenile correctional facility under par. (b) secured
6residential care center for children and youth operated by the department of
7corrections. The proposed new placement may be approved only if the court finds,
8on the record, that the conditions set forth in s. 938.34 (4m) (a) and (b) have been met.

SB111,1680,1710 938.357 (3) (b) (intro.) Notwithstanding s. 938.34 (4m) and subject to par. (c),
11the court may order placement in a Type 1 juvenile correctional facility operated by
12the department of corrections for a juvenile who was adjudicated delinquent under
13s. 938.34 (4m) If the proposed change in placement would involve placing a juvenile
14who is under the supervision of a county department under s. 938.34 (4m) in a
15secured residential care center for children and youth operated by the department
16of corrections, the court may order the placement only if the court finds, after a
17hearing under this section, that any of the following apply:

SB111,1680,2119 938.357 (3) (b) 1. b. The programming available at the proposed Type 1 juvenile
20correctional facility secured residential care center for children and youth as of the
21date of the hearing is able to meet the treatment needs of the juvenile.

SB111,1681,1223 938.357 (3) (c) Notwithstanding s. 938.34 (4m), upon Upon the
24recommendation of the department of health services, the court may order the
25placement of a juvenile who was adjudicated delinquent placed under the

1supervision of a county department under s. 938.34 (4m) at the Mendota juvenile
2treatment center if par. (b) 1. a. to c. are met. A court may not order a placement
3under this paragraph at the Mendota juvenile treatment center that the department
4of health services has not approved. A juvenile under the supervision of a county in
5a secured residential care center for children and youth who is transferred to
6Mendota juvenile treatment center under this paragraph remains under the
7supervision of that county. The department of health services shall determine the
8date for the actual transfer of the juvenile to the Mendota juvenile treatment center,
9and no change of placement to the Mendota juvenile treatment center may be
10ordered without the prior agreement of the department of health services to admit
11the juvenile. No further hearing or court order is necessary for the department of
12health services to transfer the juvenile back to the custody of the county department.

SB111,1682,214 938.357 (3) (d) A juvenile who is placed in a Type 1 juvenile correctional facility
15under par. (b) or (c) is the financial responsibility of the county department of the
16county where the juvenile was adjudicated delinquent. The county department shall
17reimburse the department of corrections at the rate specified by the department of
18corrections under s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of a
19the juvenile's care while placed in a Type 1 juvenile correctional facility other than
20the Mendota juvenile treatment center in a placement under par. (b), and these
21payments shall be deposited in the appropriation account under s. 20.410 (3) (hm).
22The county department shall reimburse the department of health services at a rate
23specified by that department the department of health services for the cost of a the
24juvenile's care while placed at the Mendota juvenile treatment center in a placement

1under par. (c), and these payments shall be deposited in the appropriation account
2under s. 20.435 (2) (gk).

SB111,1682,104 938.357 (3) (e) A juvenile who is placed in a Type 1 juvenile correctional facility
5under par. (b) in a secured residential care center for children and youth operated by
6the department of corrections is under the supervision of the department of
7corrections. The change of placement order shall designate the department of
8corrections to provide community supervision or the county department to provide
9aftercare supervision for the juvenile following the juvenile's release from the Type
101 juvenile correctional facility secured residential care center for children and youth.

SB111,1682,1313 938.357 (4) (ab) (intro.) In this subsection, “ operating:

SB111,1682,16 141. “Operating entity” means the county department, the Indian tribe, or the
15child welfare agency, whichever entity operates a secured residential care center for
16children and youth.

SB111,1682,2018 938.357 (4) (ab) 2. “Secured residential care center for children and youth” does
19not include a secured residential care center for children and youth operated by the
20department of corrections.

SB111,1683,1622 938.357 (4) (am) When the juvenile is placed with the department of
23corrections, that department may, after an examination under s. 938.50, place the
24juvenile in a juvenile correctional facility or, with the consent of the operating entity,
25a secured residential care center for children and youth or on community supervision

1or aftercare supervision, either immediately or after a period of placement in a
2juvenile correctional facility or a secured residential care center for children and
3youth. The department of corrections shall send written notice of the change in
4placement to the parent, guardian, legal custodian, county department designated
5under s. 938.34 (4n), if any, and committing court. If the department of corrections
6places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare
7agency, that department shall reimburse the child welfare agency at the rate
8established under s. 49.343 that is applicable to the type of placement that the child
9welfare agency is providing for the juvenile. If the department of corrections places
10a juvenile in a secured residential care center for children and youth under this
11paragraph, the department of corrections shall contract with the operating entity for
12the care and services provided under s. 301.08. A juvenile who is placed in a Type 2
13juvenile correctional facility or a secured residential care center for children and
14youth under this paragraph remains under the supervision of the department of
15corrections, remains subject to the rules and discipline of that department, and is
16considered to be in custody, as defined in s. 946.42 (1) (a).