AB68-SSA1,1454,221
938.21
(5) (cm) If the results of the standardized assessment and
22recommendation of the qualified individual who conducted the standardized
23assessment are required under sub. (1) (c) but not available at the time of the order,
24the court shall defer making the findings under par. (b) 2g. as provided in this
1paragraph. No later than 60 days after the date on which the placement is made, the
2court shall issue an order making the findings under par. (b) 2g.
AB68-SSA1,3161
3Section
3161. 938.217 (1) (b) 2. of the statutes is amended to read:
AB68-SSA1,1454,84
938.217
(1) (b) 2. The notice shall contain the name and address of the new
5placement, the reasons for the change in placement,
whether the new placement is
6certified under s. 48.675, and a statement describing why the new placement is
7preferable to the present placement. The person sending the notice shall file the
8notice with the court on the same day that the notice is sent.
AB68-SSA1,3162
9Section
3162. 938.217 (1) (b) 3. and 4. of the statutes are created to read:
AB68-SSA1,1454,1910
938.217
(1) (b) 3. If the proposed change in placement would place the juvenile
11in a residential care center for children and youth, group home, or shelter care facility
12certified under s. 48.675, the qualified individual shall conduct a standardized
13assessment and the intake worker or agency primarily responsible for providing
14services under a temporary physical custody order shall submit it and the
15recommendation of the qualified individual who conducted the standardized
16assessment, including all of the following, to the court and all persons who are
17required to receive the notice under subd. 1. no later than the filing of that notice or,
18if not available by that time, and except as provided under subd. 4., no later than 10
19days after the notice is filed:
AB68-SSA1,1454,2120
a. Whether the proposed placement will provide the juvenile with the most
21effective and appropriate level of care in the least restrictive environment.
AB68-SSA1,1454,2322
b. How the placement is consistent with the short-term and long-term goals
23for the juvenile, as specified in the permanency plan.
AB68-SSA1,1455,3
1c. The reasons why the juvenile's needs can or cannot be met by the juvenile's
2family or in a foster home. A shortage or lack of foster homes is not an acceptable
3reason for determining that the juvenile's needs cannot be met in a foster home.
AB68-SSA1,1455,64
d. The placement preference of the family permanency team under s. 938.38
5(3m) and, if that preference is not the placement recommended by the qualified
6individual, why that recommended placement is not preferred.
AB68-SSA1,1455,117
4. If, for good cause shown, the information required to be submitted under
8subd. 3. is not available by the deadline under that subdivision, the intake worker
9or agency primarily responsible for providing services under a temporary physical
10custody order shall submit it no later than 30 days after the date on which the
11placement is made.
AB68-SSA1,3163
12Section
3163. 938.217 (2) of the statutes is renumbered 938.217 (2) (a).
AB68-SSA1,3164
13Section
3164. 938.217 (2) (b) and (c) of the statutes are created to read:
AB68-SSA1,1455,2214
938.217
(2) (b) 1. If the emergency change in placement under par. (a) results
15in a juvenile being placed in a residential care center for children and youth, group
16home, or shelter care facility certified under s. 48.675, the qualified individual shall
17conduct a standardized assessment and the intake worker or agency primarily
18responsible for providing services under a temporary physical custody order shall
19submit it and the recommendation of the qualified individual who conducted the
20standardized assessment, including the information specified under sub. (1) (b) 3.
21with the notice under par. (a) or, if not available at that time, and except as provided
22under subd. 2., no later than 10 days after the filing of that notice.
AB68-SSA1,1456,223
2. If, for good cause shown, the information required to be submitted under
24subd. 1. is not available by the deadline under that subdivision, the intake worker
25or agency primarily responsible for providing services under a temporary physical
1custody order shall submit it no later than 30 days after the date on which the
2placement was made.
AB68-SSA1,1456,93
(c) If the emergency change in placement under par. (a) results in a juvenile
4being placed in a residential care center for children and youth, group home, or
5shelter care facility certified under s. 48.675, the court shall, no later than 60 days
6after the placement is made, issue an order making all of the findings required under
7sub. (2v) (d) 1., the answers to which do not affect whether the placement may be
8made, after considering the standardized assessment and the recommendation of
9the qualified individual who conducted the standardized assessment.
AB68-SSA1,3165
10Section
3165. 938.217 (2m) (b) 3. of the statutes is created to read:
AB68-SSA1,1456,1911
938.217
(2m) (b) 3. If the change in placement results in a juvenile being placed
12in a residential care center for children and youth, group home, or shelter care facility
13certified under s. 48.675, the qualified individual
shall conduct a standardized
14assessment and the agency primarily responsible for providing services under the
15temporary physical custody order shall submit it and the recommendation of the
16qualified individual who conducted the standardized assessment, including the
17information under sub. (1) (b) 3., to the court and to all persons who are required to
18receive the notice under subd. 2., no later than the hearing or, if not available by that
19time, no later than 30 days after the date on which the placement is made.
AB68-SSA1,3166
20Section
3166. 938.217 (2v) (d) 1. and 2. of the statutes are created to read:
AB68-SSA1,1457,221
938.217
(2v) (d) 1. Except as provided in subd. 2., if the court changes the
22placement to a residential care center for children and youth, group home, or shelter
23care facility certified under s. 48.675, the change-in-placement order shall contain
24a finding as to each of the following, the answers to which do not affect whether the
25placement may be made, after considering the standardized assessment and the
1recommendation of the qualified individual who conducted the standardized
2assessment:
AB68-SSA1,1457,43
a. Whether the needs of the juvenile can be met through placement in a foster
4home.
AB68-SSA1,1457,85
b. Whether placement of the juvenile in a residential care center for children
6and youth, group home, or shelter care facility certified under s. 48.675 provides the
7most effective and appropriate level of care for the juvenile in the least restrictive
8environment.
AB68-SSA1,1457,109
c. Whether the placement is consistent with the short-term and long-term
10goals for the juvenile, as specified in the permanency plan.
AB68-SSA1,1457,1111
d. Whether the court approves or disapproves the placement.
AB68-SSA1,1457,1712
2. If the results of the standardized assessment and recommendation of the
13qualified individual who conducted the standardized assessment are not available
14at the time of the order, the court shall defer making the findings under subd. 1. as
15provided in this subdivision. No later than 60 days after the date on which the
16placement was made, the court shall issue an order making the findings under subd.
171.
AB68-SSA1,3167
18Section
3167. 938.22 (2) (d) of the statutes is repealed.
AB68-SSA1,3168
19Section
3168. 938.23 (1m) (as) of the statutes is created to read:
AB68-SSA1,1457,2120
938.23
(1m) (as) A juvenile subject to a dispositional order under s. 938.34 (4p)
21is entitled to representation by counsel at the hearing under s. 938.369.
AB68-SSA1,3169
22Section
3169. 938.245 (2g) of the statutes is amended to read:
AB68-SSA1,1458,423
938.245
(2g) Graffiti violation. If the deferred prosecution agreement is
24based on an allegation that the juvenile violated s. 943.017 and the juvenile has
25attained
10 12 years of age, the agreement may require that the juvenile participate
1for not less than 10 hours nor more than 100 hours in a supervised work program
2under s. 938.34 (5g) or perform not less than 10 hours nor more than 100 hours of
3other community service work, except that if the juvenile has not attained 14 years
4of age the maximum number of hours is 40.