938.357(2m)(am)

(am) Indian juvenile; information required.

938.357(1)(c)2.

2. The court shall hold a hearing prior to ordering a change in placement requested under subd. 1. At least 3 days prior to the hearing, the court shall provide notice of the hearing, together with a copy of the request for the change in placement, to the juvenile, the parent, guardian, and legal custodian of the juvenile, all parties that are bound by the dispositional order, and, if the juvenile is an Indian juvenile who is in need of protection or services under § 938.13 (4), (6), (6m), or (7), the Indian juvenile’s Indian custodian and tribe. Subject to subd. 2r., if all parties consent, the court may proceed immediately with the hearing.

938.357(2)

(2) Emergency change in placement. If emergency conditions necessitate an immediate change in the placement of a juvenile placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the juvenile to a new placement, whether or not authorized by the existing dispositional order, without the prior notice under sub. (1) (am) 1. The notice shall be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1) (am) 2. In emergency situations, a juvenile may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days or in any placement authorized under § 938.34 (3).

938.357(2m)(a)

(a) Request; information required. The juvenile, the parent, guardian, or legal custodian of the juvenile, any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, or, if the juvenile is an Indian juvenile who is in need of protection or services under § 938.13 (4), (6), (6m), or (7), the Indian juvenile’s Indian custodian may request a change in placement under this paragraph. The request shall contain the name and address of the new placement requested and shall state what new information is available that affects the advisability of the current placement. If the proposed change in placement would change the placement of a juvenile placed in the juvenile’s home to a placement outside the home, the request shall also contain specific information showing that continued placement of the juvenile in the juvenile’s home would be contrary to the welfare of the juvenile and, unless any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies, specific information showing that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile’s health and safety are the paramount concerns. The request shall be submitted to the court. The court may also propose a change in placement on its own motion.

938.357(2m)(am)2.

2. If the proposed change in placement would change the placement of an Indian juvenile who is in need of protection or services under § 938.13 (4), (6), (6m), or (7) from a placement outside the home of his or her parent or Indian custodian to another placement outside that home, a request under par. (a) shall also contain a statement as to whether the new placement is in compliance with the order of placement preference under § 938.028 (6)(a) or if applicable, § 938.028 (6)(b) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in § 938.028 (6)(d), for departing from that order.

938.357(2m)(b)

(b) Hearing; when required. The court shall hold a hearing prior to ordering any change in placement requested or proposed under par. (a) if the request states that new information is available that affects the advisability of the current placement. A hearing is not required if the requested or proposed change in placement does not involve a change in placement of a juvenile placed in the juvenile’s home to a placement outside the juvenile’s home, written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under this paragraph, and the court approves. If a hearing is scheduled, not less than 3 days before the hearing the court shall notify the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster parent or other physical custodian described in § 48.62 (2) of the juvenile, all parties who are bound by the dispositional order, and, if the juvenile is an Indian juvenile who is in need of protection or services under § 938.13 (4), (6), (6m), or (7), the Indian juvenile’s Indian custodian and tribe. A copy of the request or proposal for the change in placement shall be attached to the notice. Subject to par. (br), if all of the parties consent, the court may proceed immediately with the hearing.

938.357(3)

(3) Placement in juvenile correctional facility. Subject to subs. (4) (b) and (c) and (5) (e), if the proposed change in placement would involve placing a juvenile in a juvenile correctional facility or a secured residential care center for children and youth, notice shall be given as provided in sub. (1) (am) 1. A hearing shall be held, unless waived by the juvenile, parent, guardian, and legal custodian, before the court makes a decision on the request. The juvenile is entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the court finds, on the record, that the conditions set forth in § 938.34 (4m) have been met.

938.357(4)(a)

(a) When the juvenile is placed with the department, the department may, after an examination under § 938.50, place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth or on aftercare supervision, either immediately or after a period of placement in a juvenile correctional facility or a secured residential care center for children and youth. The department shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under § 938.34 (4n), if any, and committing court. If the department places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare agency, the department shall reimburse the child welfare agency at the rate established under § 49.343 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth remains under the supervision of the department, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in § 946.42 (1)(a).

938.357(2v)(c)

(c) Permanency plan hearing. If the court finds under par. (a) 3. that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under § 938.38 (4m) within 30 days after the date of that finding to determine the permanency plan for the juvenile.

938.357(2v)(d)2.

2. Subdivision 1. does not apply if the search required under subd. 1. was previously conducted and the notice required under subd. 1. was previously provided under s. 938.21 (5) (e) 2. or 938.355 (2) (cm) 1.

938.357(4)(b)2.

2. If a juvenile whom the court has placed in a Type 2 residential care center for children and youth under § 938.34 (4d) violates a condition of his or her placement in the Type 2 residential care center for children and youth, the child welfare agency operating the Type 2 residential care center for children and youth shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department, and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility under the supervision of the department, without a hearing under sub. (1) (am) 2., for not more than 10 days. If a juvenile is placed in a Type 1 juvenile correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 residential care center for children and youth in which the juvenile was placed at the rate established under § 49.343, and that child welfare agency shall reimburse the department at the rate specified in s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile’s care while placed in a Type 1 juvenile correctional facility.

938.357(4)(c)1.

1. If a juvenile is placed in a Type 2 juvenile correctional facility operated by a child welfare agency under para. (a) and it appears that a less restrictive placement would be appropriate for the juvenile, the department, after consulting with the child welfare agency that is operating the Type 2 juvenile correctional facility, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 juvenile correctional facility without a hearing under sub. (1) (am) 2. The rate for each type of placement shall be established by the department of children and families, in consultation with the department, in the manner provided in § 49.343.

938.357(1)(c)2m.

2m. If the court changes the juvenile’s placement from a placement in the juvenile’s home to a placement outside the juvenile’s home, the parent, if present at the hearing, shall be requested to provide the names and other identifying information of 3 relatives of the juvenile or other individuals 18 years of age or over whose homes the parent requests the court to consider as placements for the juvenile, unless that information has previously been provided under this subdivision, sub. (2m) (bm), or § 938.21 (2)(e) or (3) (f) or 938.335 (6). If the parent does not provide that information at the hearing, the county department or the agency primarily responsible for implementing the dispositional order shall permit the parent to provide the information at a later date.

938.357(1)(c)2r.

2r. In a proceeding involving an Indian juvenile who is in need of protection or services under § 938.13 (4), (6), (6m), or (7), if the proposed change in placement would change the placement of the juvenile from a placement in the home of his or her parent or Indian custodian to a placement outside that home notice under subd. 2. to the Indian juvenile’s parent, Indian custodian, and tribe shall be provided in the manner specified in § 938.028 (4)(a). No hearing on the request may be held until at least 10 days after receipt of the notice by the Indian juvenile’s parent, Indian custodian, and tribe or, if the identity or location of the Indian juvenile’s parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian juvenile’s parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.

938.357

938.357 Change in placement.

938.357(1)

(1) Request by person or agency responsible for dispositional order or district attorney.

938.357(1)(am)

(am) From out-of-home placement.

938.357(1)(a)

(a) Applicable procedures. The person or agency primarily responsible for implementing the dispositional order or the district attorney may request a change in the placement of the juvenile, whether or not the change requested is authorized in the dispositional order, as provided in para. (am) or (c), whichever is applicable.

938.357(1)(am)1.

1. If the proposed change in placement involves any change in placement other than a change in placement under para. (c), the person or agency primarily responsible for implementing the dispositional order or the district attorney shall cause written notice of the proposed change in placement to be sent to the juvenile, the parent, guardian, and legal custodian of the juvenile, and any foster parent or other physical custodian described in § 48.62 (2) of the juvenile. If the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under § 938.13 (4), (6), (6m), or (7), written notice shall also be sent to the Indian juvenile’s Indian custodian and tribe. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court.

938.357(2v)(a)2.

2. If the change in placement order would change the placement of the juvenile to a placement outside the home recommended by the person or agency primarily responsible for implementing the dispositional order, whether from a placement in the home or from another placement outside the home, a statement that the court approves the placement recommended by the person or agency. If the change in placement order would change the placement of the juvenile to a placement outside the home that is not a placement recommended by that person or agency, whether from a placement in the home or from another placement outside the home, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the juvenile’s placement.

938.357(2v)(a)2m.

2m. If the juvenile has one or more siblings, as defined in s. 938.38 (4) (br) 1., who have been placed outside the home or for whom a change in placement to a placement outside the home is requested, a finding as to whether the county department or the agency primarily responsible for implementing the dispositional order has made reasonable efforts to place the juvenile in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the court shall order the county department or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the juvenile and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings.

938.357(1)(am)1g.

1g. If the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under § 938.13 (4), (6), (6m), or (7), and if the proposed change in placement would change the Indian juvenile’s placement from a placement outside that home to another placement outside that home, a notice under subd. 1. shall also contain a statement as to whether the new placement is in compliance with the order of placement preference under § 938.028 (6)(a) or, if applicable, § 938.028 (6)(b) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in § 938.028 (6)(d), for departing from that order.

938.357(1)(am)2.

2. Any person receiving the notice under subd. 1. or notice of a specific placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements may not be changed until 10 days after that notice is sent to the court unless the parent, guardian, legal custodian, or Indian custodian, the juvenile, if 12 or more years of age, and the juvenile’s tribe, if the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under § 938.13 (4), (6), (6m), or (7), sign written waivers of objection, except that changes in placement that were authorized in the dispositional order may be made immediately if notice is given as required under subd. 1. In addition, a hearing is not required for placement changes authorized in the dispositional order except when an objection filed by a person who received notice alleges that new information is available that affects the advisability of the court’s dispositional order.

938.357(1)(c)

(c) From placement in the home.

938.357(2m)

(2m) Requests by others.

938.357(1)(am)3.

3. If the court changes the juvenile’s placement from a placement outside the home to another placement outside the home, the change in placement order shall contain the applicable order under sub. (2v) (a) 1m. and the applicable statement under sub. (2v) (a) 2. If the court changes the placement of an Indian juvenile who has been removed from the home of his or her parent or Indian custodian under § 938.13 (4), (6), (6m), or (7) from a placement outside that home to another placement outside that home, the change in placement order shall, in addition, comply with the order of placement preference under § 938.028 (6)(a) or, if applicable, § 938.028 (6)(b), unless the court finds good cause, as described in § 938.028 (6)(d), for departing from that order.

938.357(1)(c)1.

1. If the proposed change in placement would change the placement of a juvenile placed in the home to a placement outside the home, the person or agency primarily responsible for implementing the dispositional order or the district attorney shall submit a request for the change in placement to the court. The request shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. The request shall also contain specific information showing that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile and, unless any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies, specific information showing that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile’s health and safety are the paramount concerns.

938.357(1)(c)1m.

1m. If the juvenile is an Indian juvenile who is in need of protection or services under § 938.13 (4), (6), (6m), or (7), and if the proposed change in placement would change the placement of the juvenile from a placement in the home of his or her parent or Indian custodian to a placement outside that home, a request under subd. 1. shall also contain specific information showing that continued custody of the Indian juvenile by the parent or Indian custodian is likely to result in serious emotional or physical damage to the juvenile under s. 938.028 (4) (d) 1., specific information showing that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile’s family and that those efforts have proved unsuccessful, a statement as to whether the new placement is in compliance with the order of placement preference under § 938.028 (6)(a) or, if applicable, § 938.028 (6)(b) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in § 938.028 (6)(d), for departing from that order.

938.357(2v)(a)1.

1. If the court changes the juvenile’s placement from a placement in the juvenile’s home to a placement outside the juvenile’s home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile and, unless a circumstance under s. 938.355 (2d) (b) 1. to 4. applies, a finding that the agency primarily responsible for implementing the dispositional order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile’s health and safety are the paramount concerns.

938.357(2v)(a)1m.

1m. If the change in placement order changes the placement of a juvenile who is under the supervision of the county department to a placement outside the juvenile’s home, whether from a placement in the home or from another placement outside the home, an order ordering the juvenile into, or to be continued in, the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility, or continued primary responsibility, for providing services to the juvenile.

938.357(1)(c)3.

3. If the court changes the juvenile’s placement from a placement in the juvenile’s home to a placement outside the juvenile’s home, the change in placement order shall contain the findings under sub. (2v) (a) 1., the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination under sub. (2v) (a) 3. If the court changes the placement of an Indian juvenile who is in need of protection or services under § 938.13 (4), (6), (6m), or (7) from a placement in the home of his or her parent or Indian custodian to a placement outside that home, the change in placement order shall contain the findings under sub. (2v) (a) 4. and comply with the order of placement preference under § 938.028 (6)(a) or, if applicable, § 938.028 (6)(b), unless the court finds good cause, as described in § 938.028 (6)(d), for departing from that order.

938.357(2v)(a)3.

3. If the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, a determination that the agency primarily responsible for providing services under the change in placement order is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.

938.357(2m)(am)1.

1. If the proposed change of placement would change the placement of an Indian juvenile placed in the home of his or her parent or Indian custodian under s. 938.357 (4), (6), (6m), or (7) [§ 938.13 (4), (6), (6m), or (7)] to a placement outside that home, a request under par. (a) shall also contain specific information showing that continued custody of the Indian juvenile by the parent or Indian custodian is likely to result in serious emotional or physical damage to the juvenile under s. 938.028 (4) (d) 1., specific information showing that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile’s family and that those efforts have proved unsuccessful, a statement as to whether the new placement is in compliance with the order of placement preference under § 938.028 (6)(a) or, if applicable, § 938.028 (6)(b) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in § 938.028 (6)(d), for departing from that order.

938.357(2m)(c)

(c) Findings required.

938.357(2v)

(2v) Change-in-placement order.

938.357(2v)(a)

(a) Contents of order. A change in placement order under sub. (1) or (2m) shall contain all of the following:

938.357(2v)(d)

(d)

938.357(2m)(bm)

(bm) Juvenile placed outside the home. If the court changes the juvenile’s placement from a placement in the juvenile’s home to a placement outside the juvenile’s home, the parent, if present at the hearing, shall be requested to provide the names and other identifying information of 3 relatives of the juvenile or other individuals 18 years of age or over whose homes the parent requests the court to consider as placements for the juvenile, unless that information has previously been provided under this paragraph, sub. (1) (c) 2m., or § 938.21 (2)(e) or (3) (f) or 938.335 (6). If the parent does not provide that information at the hearing, the county department or the agency primarily responsible for implementing the dispositional order shall permit the parent to provide the information at a later date.

938.357(2m)(br)

(br) Indian juvenile; notice. If the juvenile is an Indian juvenile who is in need of protection or services under § 938.13 (4), (6), (6m), or (7), and if the proposed change in placement would change the placement of the Indian juvenile from a placement in the home of his or her parent or Indian custodian to a placement outside that home, notice under par. (b) to the Indian juvenile’s parent, Indian custodian, and tribe shall be provided in the manner specified in § 938.028 (4)(a). No hearing on the request or proposal may be held until at least 10 days after receipt of the notice by the Indian juvenile’s parent, Indian custodian, and tribe or, if the identity or location of the Indian juvenile’s parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian juvenile’s parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.

938.357(2m)(c)1.

1. If the court changes the juvenile’s placement from a placement in the juvenile’s home to a placement outside the juvenile’s home, the change in placement order shall contain the findings under sub. (2v) (a) 1., the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination under sub. (2v) (a) 3. If the court changes the placement of an Indian juvenile who is in need of protection or services under § 938.13 (4), (6), (6m), or (7) from a placement in the home of his or her parent or Indian custodian to a placement outside that home, the change in placement order shall, in addition, contain the findings under sub. (2v) (a) 4. and comply with the order of placement preference under § 938.028 (6)(a) or, if applicable, § 938.028 (6)(b), unless the court finds good cause, as described in § 938.028 (6)(d), for departing from that order.

938.357(4)(b)4.

4. A juvenile may seek review of a decision of the department under subd. 1. or 2. only by the common law writ of certiorari.

938.357(2m)(c)2.

2. If the court changes the juvenile’s placement from a placement outside the home to another placement outside the home, the change in placement order shall contain the applicable order under sub. (2v) (a) 1m. and the applicable statement under sub. (2v) (a) 2. If the court changes the placement of an Indian juvenile who is in need of protection or services under § 938.13 (4), (6), (6m), or (7) from a placeme