Change of Placement
WIS. STAT. § 938.357
Change of Placement Request:
- A change of placement may be requested by the person or agency primarily responsible for implementing the dispositional order.
- The juvenile, parent, guardian or any person or agency bound by the dispositional order – other than the agency primarily responsible for implementing the dispositional - order may request a change of placement under this statute.
- The request may be filed whether or not it is authorized in the order and shall include written notice to the juvenile (incl. counsel, parents, etc.)
- A hearing may be requested if an objection is filed within 10 days after receipt of the notice in the event that a notice of change placement is filed rather than a request.
- The court may impose a change of placement on its own motion.
- The juvenile, counsel, parents, etc. shall receive notice of the proposed change of placement at least 3 days before the hearing.
Emergency Change of Placement:
- In an emergency, the agency responsible may move the juvenile to the new placement, whether or not it is authorized by the dispositional order and before providing notice.
- In an emergency notice must be sent within 48 hours.
- If, as a result of the emergency change of placement, the juvenile is placed in a temporary shelter, it cannot be for more than 20 days.
Contested Change of Placement:
- A hearing will be held if the request states that new information is available which affects the advisability of the court’s original dispositional order.
- Affected parties have the right to be heard – parents, foster parents etc.
- If the requested change of placement is for a secure correctional facility a hearing SHALL be held, the juvenile SHALL be entitled to counsel and any person shall be permitted to present relevant evidence and cross-examine witnesses.
- Change of Placement requests are NOT available for those juveniles currently placed in the Serious Juvenile Offender Program.
- The rules of evidence do not apply.
- The burden of proof is clear and convincing.