8,32
Section 32
. 938.34 (4m) (intro.) of the statutes is amended to read:
938.34 (4m) Correctional placement. (intro.) Place the juvenile under the supervision of the department of corrections in a juvenile correctional facility or under the supervision of the county department in a secured residential care center for children and youth under the supervision of identified by the county department or the department of corrections if all of the following apply:
8,33
Section 33
. 938.34 (4m) (intro.) of the statutes, as affected by 2017 Wisconsin Act 185, section 62, is repealed and recreated to read:
938.34 (4m) Correctional placement. (intro.) Place the juvenile under the supervision of the county department in a secured residential care center for children and youth identified by the county department if all of the following apply:
8,34
Section 34
. 938.34 (4n) (intro.) of the statutes is amended to read:
938.34 (4n) Community supervision or aftercare Aftercare supervision. (intro.) In the case of a juvenile who has received a correctional placement under sub. (4m), designate the county department one of the following to provide aftercare supervision for the juvenile following the juvenile's release from a secured residential care center for children and youth or Type 1 juvenile correctional facility. In the case of a juvenile who has been placed in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections, designate the department of corrections to provide community supervision for the juvenile following the juvenile's release from that facility or center or, subject to any arrangement between the department of corrections and a county department regarding the provision of aftercare supervision for juveniles who have been released from a juvenile correctional facility or a secured residential care center for children and youth, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from that facility or center:
8,35
Section
35. 938.355 (2) (b) 1. of the statutes is amended to read:
938.355 (2) (b) 1. The specific
Specific services to be provided to the juvenile and the juvenile's family, and, if custody is to be transferred to effect the treatment plan, the identity of the legal custodian.
8,36
Section 36
. 938.355 (2) (b) 2. of the statutes is amended to read:
938.355 (2) (b) 2. If the juvenile is placed outside the home under s. 938.34 (3) or (4d), the name of the place or facility, including transitional placements, where the juvenile shall be cared for or treated, except that if the placement is a foster home and the name and address of the foster parent is not available at the time of the order, the name and address of the foster parent shall be furnished to the court and the parent within 21 days after the order. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that disclosure of the identity of the foster parent would result in imminent danger to the juvenile or the foster parent, the court may order the name and address of the prospective foster parents withheld from the parent or guardian.
8,37
Section 37
. 938.355 (2) (b) 2m. of the statutes is created to read:
938.355 (2) (b) 2m. If the juvenile is placed outside the home under s. 938.34 (4m), the name of the county department that will provide supervision and determine placement for the juvenile.
8,38
Section 38
. 938.355 (2) (b) 6m. of the statutes is amended to read:
938.355 (2) (b) 6m. If the juvenile is placed outside the home in a placement under s. 938.34 (3) or (4d) recommended by the agency designated under s. 938.33 (1), a statement that the court approves the placement recommended by the agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.
8,39
Section 39
. 938.355 (2) (b) 6n. of the statutes is created to read:
938.355 (2) (b) 6n. If the juvenile is placed outside the home under s. 938.34 (4m), a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.
8,40
Section 40
. 938.357 (3) (b) (intro.) and (c) of the statutes are amended to read:
938.357 (3) (b) (intro.) Notwithstanding s. 938.34 (4m) and subject to par. (c), the court may order placement in a Type 1 juvenile correctional facility under supervision of operated by the department of corrections for a juvenile who was adjudicated delinquent under s. 938.34 (4m) if the court finds, after a hearing under this section, that any of the following apply:
(c) Upon Notwithstanding s. 938.34 (4m), upon the recommendation of the department of health services, the court may order the placement of a juvenile under par. (b) who was adjudicated delinquent under s. 938.34 (4m) at the Mendota juvenile treatment center if par. (b) 1. a. to c. are met. A court may not order a placement under this paragraph at the Mendota juvenile treatment center that the department of health services has not approved. A juvenile under the supervision of a county in a secured residential care center for children and youth who is transferred to Mendota juvenile treatment center under this paragraph remains under the supervision of that county. The department of health services shall determine the date for the actual transfer of the juvenile to the Mendota juvenile treatment center, and no change of placement to the Mendota juvenile treatment center may be ordered without the prior agreement of the department of health services to admit the juvenile. No further hearing or court order is necessary for the department of health services to transfer the juvenile back to the custody of the county department.
8,41
Section 41
. 938.357 (3) (e) of the statutes is created to read:
938.357 (3) (e) A juvenile who is placed in a Type 1 juvenile correctional facility under par. (b) is under the supervision of the department of corrections. The change of placement order shall designate the department of corrections to provide community supervision or the county department to provide aftercare supervision for the juvenile following the juvenile's release from the Type 1 juvenile correctional facility.
8,42
Section 42
. 938.357 (4) (as) of the statutes is created to read:
938.357 (4) (as) When a juvenile is placed under the supervision of a county department, that department may place the juvenile in a secured residential care center for children and youth or on aftercare supervision, either immediately or after a period of placement in a secured residential care center for children and youth. The county department shall send written notice of any change in placement to the parent, guardian, legal custodian, if any, and the court. The county department shall be responsible for decisions regarding the release of a juvenile who is under its supervision.
8,43
Section 43
. 938.357 (4g) (a) of the statutes is amended to read:
938.357 (4g) (a) Not later than 120 days after the date on which the juvenile is placed in a juvenile correctional facility or a secured residential care center for children and youth, or within 30 days after the date on which the department of corrections requests the community supervision or aftercare plan, whichever is earlier, the community supervision provider or the aftercare provider designated under s. 938.34 (4n) shall prepare a community supervision or aftercare plan for the juvenile. If the juvenile is to be placed on aftercare supervision, the county department designated as the aftercare provider shall submit the aftercare plan to the department of corrections within the applicable period specified in this paragraph, unless the department of corrections waives the period under par. (b).
8,44
Section
44. 938.48 (3) of the statutes, as affected by 2017 Wisconsin Act 185, section 78, is amended to read:
938.48 (3) Supervision and special treatment or care. Accept supervision over juveniles transferred to it by the court under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4), and provide special treatment or care to juveniles when directed by the court. Except as provided in s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.
8,45
Section 45
. 938.48 (4) of the statutes, as affected by 2017 Wisconsin Act 185, section 80, is amended to read:
938.48 (4) Care, training, and placement. Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4), including serving those juveniles in their own homes, placing them in licensed foster homes or licensed group homes under s. 48.63 or in independent living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for a juvenile in its custody unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.