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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.