Chapter 938

938.366(2)(a) (a) Not less than 120 days before an order described in sub. (1) (a) terminates, the agency primarily responsible for providing services under the order shall request the person who is the subject of the order to indicate whether he or she wishes to be discharged from out-of-home care on termination of the order, wishes to continue in out-of-home care until the date specified in s. 938.365 (5) (b) 4. under an extension of the order, or wishes to continue in out-of-home care under a voluntary agreement under sub. (3). If the person indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency shall request a transition-to-discharge hearing under par. (b). If the person indicates that he or she wishes to continue in out-of-home care under an extension of the order, the agency shall request an extension of the order under s. 938.365. If the person indicates that he or she wishes to continue in out-of-home care under a voluntary agreement under sub. (3), the agency and the person shall enter into such an agreement.

938.366(2)(b) (b)

938.366(2)(b)1. 1. If the person who is the subject of an order described in sub. (1) (a) indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency primarily responsible for providing services to the person under the order shall request the court to hold a transition-to-discharge hearing and shall cause notice of that request to be provided to that person, the parent, guardian, and legal custodian of that person, any foster parent or other physical custodian described in s. 48.62 (2) of that person, all parties who are bound by the dispositional order, and, if that person is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian, that person’s Indian custodian and tribe.

938.366(2)(b)2. 2. The court shall hold a hearing requested under subd. 1. within 30 days after receipt of the request. Not less than 3 days before the hearing, the agency requesting the hearing shall provide notice of the hearing to all persons who are entitled to receive notice of the request under subd. 1. A copy of the request shall be attached to the notice. If all persons who are entitled to receive the notice consent, the court may proceed immediately with the hearing.

938.366(2)(b)3. 3. At the hearing the court shall review with the person who is the subject of an order described in sub. (1) (a) the options specified in par. (a) and shall advise the person that he or she may continue in out-of-home care as provided in par. (a) under an extension of the order or under a voluntary agreement under sub. (3).

938.366(2)(b)4. 4. If the court determines that the person who is the subject of an order described in sub. (1) (a) understands that he or she may continue in out-of-home care, but wishes to be discharged from that care on termination of the order, the court shall advise the person that he or she may enter into a voluntary agreement under sub. (3) at any time before he or she is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first, so long as he or she is a full-time student at a secondary school or its vocational or technical equivalent and an individualized education program under s. 115.787 is in effect for him or her. If the court determines that the person wishes to continue in out-of-home care under an extension of the order described in sub. (1) (a), the court shall schedule an extension hearing under s. 938.365. If the court determines that the person wishes to continue in out-of-home care under a voluntary agreement under sub. (3), the court shall order the agency primarily responsible for providing services to the person under the order to provide transition-to-independent-living services for the person under that voluntary agreement.

938.366(3) (3) Voluntary transition-to-independent-living agreement.

938.366(3)(a) (a) On termination of an order described in sub. (1) (a), the person who is the subject of the order, or the person’s guardian on behalf of the person, and the agency primarily responsible for providing services to the person under the order may enter into a transition-to-independent-living agreement under which the person continues in out-of-home care and continues to be a full-time student at a secondary school or its vocational or technical equivalent under an individualized education program under s. 115.787 until the date on which the person reaches 21 years of age, is granted a high school or high school equivalency diploma, or terminates the agreement as provided in par. (b), whichever occurs first, and the agency provides services to the person to assist him or her in transitioning to independent living.

938.366(3)(am) (am)

938.366(3)(am)1. 1. No later than 150 days after a transition-to-independent-living agreement is entered into, the agency primarily responsible for providing services under the agreement shall petition the court for a determination that the person’s placement in out-of-home care under the agreement is in the best interests of the person. The request shall contain the name and address of the placement and specific information showing why the placement is in the best interests of the person and shall have a copy of the agreement attached to it. The agency shall cause written notice of the petition to be sent to the person who is the subject of the agreement and the person’s guardian.

938.366(3)(am)2. 2. On receipt of a petition under subd. 1., the court shall set a date for a hearing on the petition that allows a reasonable time for the parties to prepare but is within 30 days after the date of receipt of the petition. Not less than 3 days before the hearing the agency primarily responsible for providing services under the agreement or the court shall provide notice of the hearing to all persons who are entitled to receive notice under subd. 1. A copy of the petition shall be attached to the notice.

938.366(3)(am)3. 3. If the court finds that the person’s placement in out-of-home care under the agreement is in the best interests of the person, the court shall grant an order determining that placement in out-of-home care under the agreement is in the best interests of the person. The court shall grant or deny the order no later than 180 days after the date on which the transition-to-independent-living agreement is entered into.

938.366(3)(am)4. 4. The court shall make the findings under subd. 3. on a case-by-case basis based on circumstances specific to the person and shall document or reference the specific information on which those findings are based in the order under subd. 3. An order that merely references subd. 3. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.

938.366(3)(b) (b) The person who is the subject of an agreement under par. (a) or his or her guardian may terminate the agreement at any time during the term of the agreement by notifying the agency primarily responsible for providing services under the agreement in writing that the person wishes to terminate the agreement.

938.366(3)(c) (c) A person who terminates a voluntary agreement under this subsection, or the person’s guardian on the person’s behalf, may request the agency primarily responsible for providing services to the person under the agreement to enter into a new voluntary agreement under this subsection at any time before the person is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first, so long as the person is a full-time student at a secondary school or its vocational or technical equivalent and an individualized education program under s. 115.787 is in effect for him or her. If the request meets the conditions set forth in the rules promulgated under sub. (4) (b), the agency shall enter into a new voluntary agreement with that person.

938.366(3)(d) (d) If the agency that enters into a voluntary agreement under this subsection is the department or a county department, the voluntary agreement shall also specifically state that the department or the county department has placement and care responsibility for the person who is the subject of the agreement as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the person.

938.366(3g) (3g) Appeal procedures. Any person who is aggrieved by the failure of an agency to enter into a transition-to-independent-living agreement under sub. (3) or by an agency’s termination of such an agreement has the right to a contested case hearing under ch. 227.

938.366(4) (4) Rules. The department shall promulgate rules to implement this section. Those rules shall include all of the following:

938.366(4)(a) (a) Rules permitting a foster home, group home, or residential care center for children and youth to provide care for persons who agree to continue in out-of-home care under an extension of an order described in sub. (1) (a) or a voluntary agreement under sub. (3).

938.366(4)(b) (b) Rules setting forth the conditions under which a person who has terminated a voluntary agreement under sub. (3) and the agency primarily responsible for providing services under the agreement may enter into a new voluntary agreement under sub. (3) (c).

938.366 History History: 2013 a. 334; 2015 a. 55, 128; 2023 a. 119.

938.368 938.368 Continuation of dispositional orders.

938.368(1) (1) Termination of parental rights proceedings. If a petition for termination of parental rights is filed under s. 48.41 or 48.415 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under s. 938.355 or an extension order under s. 938.365 is in effect, the dispositional or extension order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.

938.368(2) (2) Placement with guardian. If a juvenile’s placement with a guardian appointed under s. 48.977 (2) is designated by the court under s. 48.977 (3) as a permanent foster placement for the juvenile while a dispositional order under s. 938.345, a revision order under s. 938.363, or an extension order under s. 938.365 is in effect with respect to the juvenile, the dispositional order, revision order, or extension order shall remain in effect until the earliest of the following:

938.368(2)(a) (a) Thirty days after the guardianship terminates under s. 48.977 (7).

938.368(2)(b) (b) A court enters a change in placement order under s. 938.357.

938.368(2)(c) (c) A court order terminates such dispositional order, revision order or extension order.

938.368(2)(d) (d) The juvenile attains the age of 18 years.

938.368 History History: 1995 a. 77; 1997 a. 80; 2005 a. 344.

938.37 938.37 Costs.

938.37(1) (1) Juvenile court. A court assigned to exercise jurisdiction under this chapter and ch. 48 may not impose costs, fees, or surcharges under ch. 814 against a juvenile under 14 years of age. A court may impose costs, fees, and surcharges under ch. 814 against a juvenile 14 years of age or older.

938.37(3) (3) Civil and criminal courts. Notwithstanding sub. (1), courts of civil and criminal jurisdiction exercising jurisdiction under s. 938.17 may assess the same costs, fees, and surcharges imposed under ch. 814 against juveniles as they may assess against adults, except that witness fees may not be charged to the juvenile.

938.37 History History: 1995 a. 77; 2003 a. 139; 2005 a. 344.

938.371 938.371 Access to certain information by substitute care provider.

938.371(1) (1) Medical information. If a juvenile is placed in a foster home, group home, residential care center for children and youth, or juvenile correctional facility, in the home of a relative other than a parent, or in the home of like-kin, including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, relative, like-kin, or operator of the group home, residential care center for children and youth, or juvenile correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

938.371(1)(a) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the juvenile as provided under s. 252.15 (3m) (d) 15., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, relative, like-kin, or operator of the group home, residential care center for children and youth, or juvenile correctional facility of the confidentiality requirements under s. 252.15 (6).

938.371(1)(b) (b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan.

938.371(1)(c) (c) Any other medical information concerning the juvenile that is necessary for the care of the juvenile.

938.371(3) (3) Other information. At the time of placement of a juvenile in a foster home, group home, residential care center for children and youth, or juvenile correctional facility or in the home of a relative other than a parent or in the home of like-kin or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a), responsible for preparing the juvenile’s permanency plan shall provide to the foster parent, relative, like-kin, or operator of the group home, residential care center for children and youth, or juvenile correctional facility information contained in the court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

938.371(3)(a) (a) Any mental, emotional, cognitive, developmental, or behavioral disability of the juvenile.

938.371(3)(b) (b) Any involvement of the juvenile in any criminal gang, as defined in s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group.

938.371(3)(c) (c) Any involvement of the juvenile in any activities that are harmful to the juvenile’s physical, mental, or moral well-being.

938.371(3)(d) (d) Any involvement of the juvenile, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or 948.085, prostitution in violation of s. 944.30 (1m), trafficking in violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, sexual exploitation of a child in violation of s. 948.05, trafficking of a child in violation of s. 948.051, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the juvenile or for the protection of any person living in the foster home, group home, residential care center for children and youth, or juvenile correctional facility.

938.371(3)(e) (e) The religious affiliation or beliefs of the juvenile.

938.371(4) (4) Disclosure before placement permitted. Subsection (1) does not preclude an agency, as defined in s. 48.38 (1) (a), that is arranging for the placement of a juvenile from providing the information specified in sub. (1) (a) to (c) to a person specified in sub. (1) (intro.) before the time of placement of the juvenile. Subsection (3) does not preclude an agency, as defined in s. 48.38 (1) (a), responsible for preparing a juvenile’s court report or permanency plan from providing the information specified in sub. (3) (a) to (e) to a person specified in sub. (3) (intro.) before the time of placement of the juvenile.

938.371(5) (5) Confidentiality of information. Except as permitted under s. 252.15 (6), a foster parent, treatment foster parent, relative, like-kin, or operator of a group home, residential care center for children and youth, or juvenile correctional facility that receives any information under sub. (1) or (3), other than the information described in sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the juvenile or participating in a court hearing or permanency review concerning the juvenile.

938.371 History History: 1995 a. 77, 275, 352; 1997 a. 35, 272; 1999 a. 32; 2001 a. 59; 2005 a. 232, 277, 344; 2007 a. 97; 2009 a. 28, 209; 2011 a. 181, 260; 2013 a. 362; 2015 a. 367; 2023 a. 119.

938.373 938.373 Medical authorization.

938.373(1) (1) Authorization by court. The court assigned to exercise jurisdiction under this chapter and ch. 48 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and ch. 48 determines that reasonable cause exists for the services and that the juvenile is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 48 and, except as provided in s. 938.296 (4) and (5), consents.

938.373(2) (2) Abortion; judicial waiver of parental consent requirement. Section 48.375 (7) applies if the medical service authorized under sub. (1) is an abortion.

938.373 History History: 1995 a. 77; 1999 a. 188; 2005 a. 344.

subch. VII of ch. 938 SUBCHAPTER VII

PERMANENCY PLANNING; RECORDS

938.38 938.38 Permanency planning.

938.38(1) (1) Definitions. In this section:

938.38(1)(a) (a) “Agency” means the department of children and families, the department of corrections, a county department, or a licensed child welfare agency.

938.38(1)(ag) (ag) “Family permanency team” means the team of individuals assembled under sub. (3m) to participate in a juvenile’s permanency planning.

938.38(1)(am) (am) “Independent agency” means a private, nonprofit organization, but does not include a licensed child welfare agency that is authorized to prepare permanency plans or that is assigned the primary responsibility of providing services under a permanency plan.

938.38(1)(ap) (ap) “Juvenile” includes a person 17 years of age or over for whom a permanency plan is required under sub. (2).

938.38(1)(b) (b) “Permanency plan” means a plan designed to ensure that a juvenile is reunified with his or her family whenever appropriate, or that the juvenile quickly attains a placement or home providing long-term stability.

938.38(1)(bp) (bp) “Qualified residential treatment program” means a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675.

938.38(2) (2) Permanency plan required. Except as provided in sub. (3), for each juvenile living in a foster home, group home, residential care center for children and youth, juvenile detention facility, shelter care facility, or supervised independent living arrangement, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each juvenile living in the home of a guardian or a relative other than a parent or in the home of like-kin, that agency shall prepare a written permanency plan, if any of the conditions under pars. (a) to (e) exists:

938.38(2)(a) (a) The juvenile is being held in physical custody under s. 938.207, 938.208 or 938.209 (1).

938.38(2)(b) (b) The juvenile is in the legal custody of the agency.

938.38(2)(c) (c) The juvenile is under the supervision of an agency under s. 48.64 (2), under a consent decree under s. 938.32 (1) (c), or under a court order under s. 938.355.

938.38(2)(d) (d) The juvenile was placed under a voluntary agreement between the agency and the juvenile’s parent under s. 48.63 (1) (a) or (5) (b) or under a voluntary transition-to-independent-living agreement under s. 938.366 (3).

938.38(2)(e) (e) The juvenile is under the guardianship of the agency.

938.38(2)(f) (f) The juvenile’s care would be paid for under s. 49.19 but for s. 49.19 (20), except that this paragraph does not apply to a juvenile whose care is being paid for under s. 48.623 (1).

938.38(2m) (2m) Consultation with juvenile 14 or over. The agency responsible for preparing the permanency plan for a juvenile 14 years of age or over shall prepare the plan and any revisions of the plan in consultation with the juvenile and, at the option of the juvenile, with not more than 2 persons selected by the juvenile who are members of any child and family team convened for the juvenile, except that the juvenile may not select his or her caregiver or caseworker to consult in the preparation or revision of the permanency plan and the agency may reject a person selected by the juvenile if the agency has good cause to believe that the person would not act in the best interests of the juvenile. The agency may designate one of the persons selected by the juvenile to be the juvenile’s adviser and, as necessary, the juvenile’s advocate, with respect to application of the reasonable and prudent parent standard to decisions concerning the juvenile’s participation in age or developmentally appropriate activities.

938.38(3) (3) Time. Subject to sub. (4m) (a), the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first removed from his or her home, except under either of the following conditions:

938.38(3)(a) (a) If the juvenile is alleged to be delinquent and is being held in a juvenile detention facility, juvenile portion of a county jail, or shelter care facility, and the agency intends to recommend that the juvenile be placed in a juvenile correctional facility or a secured residential care center for children and youth, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. If the court places the juvenile in any facility outside of the juvenile’s home other than a juvenile correctional facility or a secured residential care center for children and youth, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

938.38(3)(b) (b) If the juvenile is held for less than 60 days in a juvenile detention facility, juvenile portion of a county jail, or a shelter care facility, no permanency plan is required if the juvenile is returned to his or her home within that period.

938.38(3m) (3m) Family permanency team. If a juvenile is placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 48.355 (2) (b) 6g. shall invite all of the following to participate in permanency planning and may invite others at the agency’s discretion:

938.38(3m)(a) (a) All appropriate biological family members, relatives, and like-kin of the juvenile, as determined by the agency. Notwithstanding s. 938.02 (12c), in this paragraph, “like-kin” may include an individual who is or previously was the child’s licensed foster parent.

938.38(3m)(b) (b) Appropriate professionals who serve as a resource for the family of the juvenile, such as teachers, medical or mental health providers who have treated the juvenile, or clergy.

938.38(3m)(c) (c) Others identified by a juvenile over the age of 14 as provided under sub. (2m).

938.38(4) (4) Contents of plan. The permanency plan shall include all of the following:

938.38(4)(ag) (ag) The name, address, and telephone number of the juvenile’s parent, guardian, and legal custodian.

938.38(4)(am) (am) The date on which the juvenile was removed from his or her home and the date on which the juvenile was placed in out-of-home care.

938.38(4)(ar) (ar) A description of the services offered and any services provided in an effort to prevent the removal of the juvenile from his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to achieve the goal of the permanency plan, except that the permanency plan is not required to include a description of the services offered or provided with respect to a parent of the juvenile to prevent the removal of the juvenile from the home or to achieve the permanency goal of returning the juvenile safely to his or her home if any of the following applies:

938.38(4)(ar)1. 1. Any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies to that parent.

938.38(4)(ar)2. 2. The juvenile has attained 18 years of age.

938.38(4)(b) (b) The basis for the decision to hold the juvenile in custody or to place the juvenile outside of his or her home.

938.38(4)(bm) (bm) A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, a statement as to why placement with the relative is not safe or appropriate.

938.38(4)(br) (br)

938.38(4)(br)1. 1. In this paragraph, “sibling” means a person who is a brother or sister of a juvenile, whether by blood, marriage, or adoption, including a person who has a brother or sister of a juvenile before the person was adopted or parental rights to the person were terminated.

938.38(4)(br)2. 2. If the juvenile has one or more siblings who have also been removed from the home, a description of the efforts made to place the juvenile in a placement that enables the sibling group to remain together and, if a decision is made not to place the juvenile and his or her siblings in a joint placement, a statement as to why a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings and a description of the efforts made to provide for frequent visitation or other ongoing interaction between the juvenile and those siblings. If a decision is made not to provide for that visitation or interaction, the permanency plan shall include a statement as to why that visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings.

938.38(4)(c) (c) The location and type of facility in which the juvenile is currently held or placed, and the location and type of facility in which the juvenile will be placed.

938.38(4)(d) (d) If the juvenile is living more than 60 miles from his or her home, documentation that placement within 60 miles of the juvenile’s home is either unavailable or inappropriate.