AB1036,112
8Section
112. 938.365 (5) (b) 3. of the statutes is repealed.
AB1036,113
9Section
113. 938.365 (5) (b) 4. of the statutes is amended to read:
AB1036,46,210
938.365
(5) (b) 4. The date on which the juvenile
is granted a high school or high
11school equivalency diploma or the date on which the juvenile attains 21 years of age,
12whichever occurs first, if the juvenile is a full-time student at a secondary school or
13its vocational or technical equivalent and
if an individualized education program
14under s. 115.787 is in effect for the juvenile is reasonably expected to complete the
15program before attaining 21 years of age; is enrolled in an institution that provides
16postsecondary or vocational education; is participating in a program or activity
17designed to promote, or remove barriers to, employment; is employed for at least 80
18hours per month; or is incapable of doing any of those activities due to a medical
19condition, which incapacity is supported by regularly updated information in the
20juvenile's permanency plan. The court may not grant an order that terminates as
21provided in this subdivision unless the juvenile is 17 years of age or older when the
22order is granted and the juvenile, or the juvenile's guardian on behalf of the juvenile,
23agrees to the order. At any time after the juvenile attains 18 years of age, the
24juvenile, or the juvenile's guardian on behalf of the juvenile, may request the court
1in writing to terminate the order and, on receipt of such a request, the court, without
2a hearing, shall terminate the order.
AB1036,114
3Section
114. 938.366 (1) (intro.) of the statutes is amended to read:
AB1036,46,74
938.366
(1) Applicability. (intro.) This section applies to a person
who is a
5full-time student of a secondary school or its vocational or technical equivalent, for
6whom an individualized education program under s. 115.787 is in effect, and 7described in sub. (1m) to whom any of the following applies:
AB1036,115
8Section
115. 938.366 (1) (a) of the statutes is amended to read:
AB1036,46,149
938.366
(1) (a) The person is placed in a foster home, group home, or residential
10care center for children and youth, in the home of a relative other than a parent, or
11in a supervised independent living arrangement under an order under s. 938.355,
12938.357, or 938.365 that terminates as provided in s. 938.355 (4) (am) 1.
, 2., or 3. or
132., 938.357 (6) (a) 1.
, 2., or 3. or 2., or 938.365 (5) (b) 1.
, 2., or 3. or 2. on or after the
14person attains 18 years of age.
AB1036,116
15Section
116. 938.366 (1m) of the statutes is created to read:
AB1036,46,2516
938.366
(1m) Duration of eligibility. A person may continue in out-of-home
17care under a voluntary agreement under sub. (3) until the person attains 21 years
18of age if the person is a full-time student at a secondary school or its vocational or
19technical equivalent and is reasonably expected to complete the program before
20attaining 21 years of age; is enrolled in an institution that provides postsecondary
21or vocational education; is participating in a program or activity designed to promote,
22or remove barriers to, employment; is employed for at least 80 hours per month; or
23is incapable of doing any of those activities due to a medical condition, which
24incapacity is supported by regularly updated information in the person's
25permanency plan.
AB1036,117
1Section
117. 938.366 (2) (b) 4. of the statutes is amended to read:
AB1036,47,172
938.366
(2) (b) 4. If the court determines that the person who is the subject of
3an order described in sub. (1) (a) understands that he or she may continue in
4out-of-home care, but wishes to be discharged from that care on termination of the
5order, the court shall advise the person that he or she may enter into a voluntary
6agreement under sub. (3) at any time before he or she
is granted a high school or high
7school equivalency diploma or reaches attains 21 years of age,
whichever occurs first, 8so long as he or she
is a full-time student at a secondary school or its vocational or
9technical equivalent and an individualized education program under s. 115.787 is in
10effect for him or her meets any of the conditions for eligibility described in sub. (1m).
11If the court determines that the person wishes to continue in out-of-home care under
12an extension of the order described in sub. (1) (a), the court shall schedule an
13extension hearing under s. 938.365. If the court determines that the person wishes
14to continue in out-of-home care under a voluntary agreement under sub. (3), the
15court shall order the agency primarily responsible for providing services to the
16person under the order to provide transition-to-independent-living services for the
17person under that voluntary agreement.
AB1036,118
18Section
118. 938.366 (3) (a) of the statutes is amended to read:
AB1036,48,519
938.366
(3) (a) On termination of an order described in sub. (1) (a), the person
20who is the subject of the order, or the person's guardian on behalf of the person, and
21the agency primarily responsible for providing services to the person under the order
22may enter into a transition-to-independent-living agreement under which the
23person continues in out-of-home care
and continues to be a full-time student at a
24secondary school or its vocational or technical equivalent under an individualized
25education program under s. 115.787 until the date on which the person
reaches
1attains 21 years of age,
is granted a high school or high school equivalency diploma 2no longer meets any of the conditions for eligibility described in sub. (1m), or
3terminates the agreement as provided in par. (b), whichever occurs first, and the
4agency provides services to the person to assist him or her in transitioning to
5independent living.
AB1036,119
6Section
119. 938.366 (3) (c) of the statutes is amended to read:
AB1036,48,177
938.366
(3) (c) A person who terminates a voluntary agreement under this
8subsection, or the person's guardian on the person's behalf, may request the agency
9primarily responsible for providing services to the person under the agreement to
10enter into a new voluntary agreement under this subsection at any time before the
11person
is granted a high school or high school equivalency diploma or reaches attains 1221 years of age,
whichever occurs first, so long as the person
is a full-time student
13at a secondary school or its vocational or technical equivalent and an individualized
14education program under s. 115.787 is in effect for him or her
meets any of the
15conditions for eligibility described in sub. (1m). If the request meets the conditions
16set forth in the rules promulgated under sub. (4) (b), the agency shall enter into a new
17voluntary agreement with that person.
AB1036,120
18Section 120
. 938.39 of the statutes is amended to read:
AB1036,48,23
19938.39 Disposition by court bars criminal proceeding. Disposition by the
20court of any violation of state law within its jurisdiction under s. 938.12 bars any
21future criminal proceeding on the same matter in circuit court when the juvenile
22reaches the age of 17 becomes an adult. This section does not affect criminal
23proceedings in circuit court that were transferred under s. 938.18.
AB1036,121
24Section
121. 938.396 (1) (b) 5. of the statutes is amended to read:
AB1036,49,2
1938.396
(1) (b) 5. The disclosure of information relating to a juvenile
10 13 years
2of age or over who is subject to the jurisdiction of a court of criminal jurisdiction.
AB1036,122
3Section 122
. Subchapter IX (title) of chapter 938 [precedes 938.44] of the
4statutes is amended to read:
AB1036,49,86
SUBCHAPTER IX
7
JURISDICTION OVER
PERSONS 17
8
OR OLDER adults
AB1036,123
9Section 123
. 938.44 of the statutes is amended to read:
AB1036,49,12
10938.44 Jurisdiction over persons 17 or older adults. The court has
11jurisdiction over
persons 17 years of age or older
adults as provided under ss. 938.355
12(4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.
AB1036,124
13Section 124
. 938.45 (1) (a) of the statutes is amended to read:
AB1036,49,2114
938.45
(1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
15under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
16person 17 years of age or older adult has been guilty of contributing to, encouraging,
17or tending to cause by any act or omission
, such
that condition of the juvenile, the
18court may make orders with respect to the conduct of that person in his or her
19relationship to the juvenile, including orders relating to determining the ability of
20the person to provide for the maintenance or care of the juvenile and directing when,
21how, and
from where funds for the maintenance or care shall be paid.
AB1036,125
22Section 125
. 938.45 (3) of the statutes is amended to read:
AB1036,50,223
938.45
(3) Prosecution of adult contributing to delinquency of juvenile. 24If it appears at a court hearing that any
person 17 years of age or older adult has
25violated s. 948.40, the court shall refer the record to the district attorney. This
1subsection does not prohibit prosecution of violations of s. 948.40 without the prior
2reference by the court to the district attorney.
AB1036,126
3Section 126
. 938.48 (4m) (title) of the statutes is amended to read: