2009 - 2010 LEGISLATURE
February 26, 2010 - Introduced by Joint Legislative Council. Referred to
Committee on Children and Families and Workforce Development.
SB568,1,6 1An Act to renumber and amend 48.355 (4); to amend 48.185 (2), 48.364 (1)
2(b), 48.619, 938.185 (2), 938.355 (4) (a) and 938.366 (1) (b); to repeal and
3recreate
48.355 (4) (a), 48.619 and 938.355 (4) (a); and to create 48.355 (4)
4(bm), 48.364, 808.075 (4) (a) 7m., 808.075 (4) (fn) 7m., 938.355 (4) (bm) and
5938.366 of the statutes; relating to: extended juvenile court jurisdiction for
6certain foster youth under the age of 21 years.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Special
Committee on Strengthening Wisconsin Families.
The bill permits certain foster youth who are in foster care when they reach the age
of 18 years to request an agency to petition the court assigned to exercise jurisdiction
under the Children's Code and the Juvenile Justice Code (juvenile court) to extend
juvenile court jurisdiction until the foster youth reaches 21 years of age.
SB568, s. 1
1Section 1. 48.185 (2) of the statutes is amended to read:
SB568,2,132 48.185 (2) In an action under s. 48.41, venue shall be in the county where the
3birth parent or child resides at the time that the petition is filed. Venue for any
4proceeding under s. 48.363, 48.365 or 48.977, or any proceeding under subch. VIII
5when the child has been placed outside the home pursuant to a dispositional order
6under s. 48.345 or 48.347, shall be in the county where the dispositional order was
7issued, unless the child's county of residence has changed, or the parent of the child
8or the expectant mother of the unborn child has resided in a different county of this
9state for 6 months. Venue for any proceeding under s. 48.364 shall be in the county
10where the dispositional order was issued, unless the foster youth's county of
11residence has changed.
In either case, the court may, upon a motion and for good
12cause shown, transfer the case, along with all appropriate records, to the county of
13residence of the child, foster youth, parent or expectant mother.
SB568, s. 2 14Section 2. 48.355 (4) of the statutes is renumbered 48.355 (4) (a) and amended
15to read:
SB568,3,416 48.355 (4) (a) Except as provided under s. 48.368, an order under this section
17or s. 48.357 or 48.365 made before the child reaches 18 years of age that places or
18continues the placement of the child in his or her home shall terminate at the end
19of one year after its entry unless the judge specifies a shorter period of time or the
20judge terminates the order sooner. Except as provided under par. (bm) and s. 48.368,
21an order under this section or s. 48.357 or 48.365 made before the child reaches 18
22years of age that places or continues the placement of the child in a foster home,
23treatment foster home, group home, or residential care center for children and youth
24or in the home of a relative other than a parent shall terminate when the child
25reaches 18 years of age, at the end of one year after its entry, or, if the child is a

1full-time student at a secondary school or its vocational or technical equivalent and
2is reasonably expected to complete the program before reaching 19 years of age, when
3the child reaches 19 years of age, whichever is later, unless the judge specifies a
4shorter period of time or the judge terminates the order sooner.
SB568,3,8 5(c) An order under this section or s. 48.357 or 48.365 relating to an unborn child
6in need of protection or services that is made before the unborn child is born shall
7terminate at the end of one year after its entry unless the judge specifies a shorter
8period of time or the judge terminates the order sooner.
SB568, s. 3 9Section 3. 48.355 (4) (a) of the statutes, as affected by 2009 Wisconsin Acts 28
10and .... (this act), is repealed and recreated to read:
SB568,3,2411 48.355 (4) (a) Except as provided under s. 48.368, an order under this section
12or s. 48.357 or 48.365 made before the child reaches 18 years of age that places or
13continues the placement of the child in his or her home shall terminate at the end
14of one year after its entry unless the judge specifies a shorter period of time or the
15judge terminates the order sooner. Except as provided under par. (bm) and s. 48.368,
16an order under this section or s. 48.357 or 48.365 made before the child reaches 18
17years of age that places or continues the placement of the child in a foster home,
18group home, or residential care center for children and youth or in the home of a
19relative other than a parent shall terminate when the child reaches 18 years of age,
20at the end of one year after its entry, or, if the child is a full-time student at a
21secondary school or its vocational or technical equivalent and is reasonably expected
22to complete the program before reaching 19 years of age, when the child reaches 19
23years of age, whichever is later, unless the judge specifies a shorter period of time or
24the judge terminates the order sooner.
SB568, s. 4 25Section 4. 48.355 (4) (bm) of the statutes is created to read:
SB568,4,3
148.355 (4) (bm) An order under s. 48.364 (3) shall terminate when the foster
2youth reaches 21 years of age unless the court terminates the order sooner as
3provided in s. 48.364 (4).
Note: Provides that an order for extended court jurisdiction for foster youth
terminates when the foster youth reaches 21 years of age unless the judge terminates the
order sooner.
SB568, s. 5 4Section 5. 48.364 of the statutes is created to read:
SB568,4,6 548.364 Extending court jurisdiction for foster youth. (1) In this section,
6"foster youth" means a person who meets all of the following qualifications:
SB568,4,77 (a) Is a resident of this state and is under 21 years of age.
SB568,4,118 (b) Reached the age of 18 years while placed in a foster home, treatment foster
9home, group home, residential care center for children and youth, or permanent
10foster placement or in the home of a relative other than a parent under a court order
11under s. 48.355 or 48.977.
SB568,5,2 12(2) By no later than 6 months after the termination of his or her dispositional
13order under s. 48.355 (4), a foster youth who wishes to have that order extended
14under this section may submit a request for extended court jurisdiction for foster
15youth to the agency that was primarily responsible for providing services to the foster
16youth under the dispositional order. A child who is reasonably expected to be a foster
17youth on termination of his or her dispositional order under s. 48.355 (4) may also
18submit a request for extended court jurisdiction for foster youth not more than 6
19months prior to the termination of the dispositional order. On receipt of a request
20for extended court jurisdiction for foster youth, the agency shall determine whether
21the foster youth or child may be eligible for extended court jurisdiction under sub.
22(3). If the agency determines that the foster youth or child may be eligible for

1extended court jurisdiction under sub. (3), the agency shall petition the court to
2extend jurisdiction for the foster youth or child.
SB568,5,4 3(3) The court may order extended court jurisdiction for a foster youth or child
4if he or she meets any of the following conditions:
SB568,5,65 (a) Is completing a secondary education program or any other program leading
6to a high school diploma or its equivalent.
SB568,5,87 (b) Is enrolled in an institution that provides postsecondary or vocational
8education.
SB568,5,109 (c) Is participating in a program or activity designed to promote, or remove
10barriers to, employment.
SB568,5,1111 (d) Is employed for at least 80 hours per month.
SB568,5,1412 (e) Is incapable of meeting any of the conditions specified in pars. (a) to (d) due
13to a medical condition and the incapability is supported by regularly updated
14information in the case plan of the foster youth or child.
SB568,5,17 15(4) The agency primarily responsible for providing services to a foster youth
16under an order under this section shall notify the court if the agency has reason to
17believe that the foster youth no longer meets any of the conditions under sub. (3).
SB568,5,20 18(5) An order under this section shall terminate on the date on which the foster
19youth reaches 21 years of age unless the court terminates the order sooner. The court
20may terminate an order if the court finds any of the following:
SB568,5,2121 (a) That the foster youth no longer meets any of the conditions under sub. (3).
SB568,5,2222 (b) That all of the following conditions are met:
SB568,6,323 1. The foster youth's needs and goals for a successful transition to independent
24living, including needs and goals relating to housing, physical and mental health,
25education, employment, community connections, and supportive relationships, have

1been addressed by the county department, the department, in a county having a
2population of 500,000 or more, or the agency primarily responsible for providing
3services under the order.
SB568,6,74 2. The county department, the department, in a county having a population of
5500,000 or more, or the agency primarily responsible for providing services under the
6order has provided appropriate services pursuant to the foster youth's case plan and
7permanency plan.
SB568,6,118 3. The county department, the department, in a county having a population of
9500,000 or more, or the agency primarily responsible for providing services under the
10order has involved the foster youth in the development of the case plan and in the
11provision of appropriate services.
SB568,6,1312 4. The foster youth has safe and stable housing and is unlikely to become
13homeless as a result of termination of the order.
Note: Creates extended juvenile court jurisdiction for foster youth. The bill
defines a foster youth as a person who is a resident of this state, is under 21 years of age,
and reached the age of 18 while placed in a foster home or other out-of-home placement
under a juvenile court order.
Under the bill, a foster youth may submit a request for extended juvenile court
jurisdiction to the agency primarily responsible for providing services under the foster
youth's dispositional order. If the agency determines that the foster youth may be eligible
for extended court jurisdiction, the agency must petition the juvenile court to extend
jurisdiction. The juvenile court may extend jurisdiction if the juvenile court finds that
one of several conditions are met, such as that the youth is completing secondary
education, is enrolled in a postsecondary institution, or is employed for at least 80 hours
per month. The order for extended juvenile court jurisdiction terminates when the foster
youth reaches 21 years of age or when the juvenile court finds that specified conditions
are met.
SB568, s. 6 14Section 6. 48.364 (1) (b) of the statutes, as created by 2009 Wisconsin Act ....
15(this act), is amended to read:
SB568,7,216 48.364 (1) (b) Reached the age of 18 years while placed in a foster home,
17treatment foster home, group home, residential care center for children and youth,

1or permanent foster placement or in the home of a relative other than a parent under
2a court order under s. 48.355 or 48.977.
SB568, s. 7 3Section 7. 48.619 of the statutes is amended to read:
SB568,7,14 448.619 Definition. In this subchapter, "child" means a person under 18 years
5of age and also includes, for or a foster youth under extended court jurisdiction for
6foster youth under s. 48.364 or 938.366 who resides in a foster home, treatment foster
7home, or group home. For
purposes of counting the number of children for whom a
8foster home, treatment foster home, or group home may provide care and
9maintenance, "child" also includes a person 18 years of age or over, but under 19
10years of age, who is a full-time student at a secondary school or its vocational or
11technical equivalent, who is reasonably expected to complete the program before
12reaching 19 years of age, who was residing in the foster home, treatment foster home,
13or group home immediately prior to his or her 18th birthday, and who continues to
14reside in that foster home, treatment foster home, or group home.
Note: Provides that, for purposes of current law relating to foster care, "child"
includes a foster youth.
SB568, s. 8 15Section 8. 48.619 of the statutes, as affected by 2009 Wisconsin Acts 28 and
16.... (this act), is repealed and recreated to read:
SB568,8,3 1748.619 Definition. In this subchapter, "child" means a person under 18 years
18of age or a foster youth under extended court jurisdiction for foster youth under s.
1948.364 or 938.366 who resides in a foster home or group home. For purposes of
20counting the number of children for whom a foster home or group home may provide
21care and maintenance, "child" also includes a person 18 years of age or over, but
22under 19 years of age, who is a full-time student at a secondary school or its
23vocational or technical equivalent, who is reasonably expected to complete the

1program before reaching 19 years of age, who was residing in the foster home or
2group home immediately prior to his or her 18th birthday, and who continues to
3reside in that foster home or group home.
SB568, s. 9 4Section 9. 808.075 (4) (a) 7m. of the statutes is created to read:
SB568,8,55 808.075 (4) (a) 7m. Extension of jurisdiction for foster youth under s. 48.364.
SB568, s. 10 6Section 10. 808.075 (4) (fn) 7m. of the statutes is created to read:
SB568,8,77 808.075 (4) (fn) 7m. Extension of jurisdiction for foster youth under s. 938.366.
SB568, s. 11 8Section 11. 938.185 (2) of the statutes is amended to read:
SB568,8,169 938.185 (2) Revision and extension of orders. Venue for any proceeding under
10s. 938.363 or 938.365 shall be in the county where the dispositional order was issued,
11unless the juvenile's county of residence has changed, or the parent of the juvenile
12has resided in a different county of this state for at least 6 months. Venue for any
13proceeding under s. 938.366 shall be in the county where the dispositional order was
14issued, unless the foster youth's county of residence has changed.
In either case, the
15court may, upon a motion and for good cause shown, transfer the case, along with all
16appropriate records, to the county of residence of the juvenile, foster youth, or parent.
SB568, s. 12 17Section 12. 938.355 (4) (a) of the statutes is amended to read:
SB568,9,718 938.355 (4) (a) Except as provided under par. (b) or s. 938.368, an order under
19this section or s. 938.357 or 938.365 made before the juvenile attains 18 years of age
20that places or continues the placement of the juvenile in his or her home shall
21terminate at the end of one year after the date on which the order is granted unless
22the court specifies a shorter period of time or the court terminates the order sooner.
23Except as provided in par. (b) pars. (b) and (bm) or s. 938.368, an order under this
24section or s. 938.357 or 938.365 made before the juvenile attains 18 years of age that
25places or continues the placement of the juvenile in a foster home, treatment foster

1home, group home, or residential care center for children and youth or in the home
2of a relative other than a parent shall terminate when the juvenile attains 18 years
3of age, at the end of one year after the date on which the order is granted, or, if the
4juvenile is a full-time student at a secondary school or its vocational or technical
5equivalent and is reasonably expected to complete the program before attaining 19
6years of age, when the juvenile attains 19 years of age, whichever is later, unless the
7court specifies a shorter period of time or the court terminates the order sooner.
SB568, s. 13 8Section 13. 938.355 (4) (a) of the statutes, as affected by 2009 Wisconsin Acts
928
and .... (this act), is repealed and recreated to read:
SB568,9,2410 938.355 (4) (a) Except as provided under par. (b) or s. 938.368, an order under
11this section or s. 938.357 or 938.365 made before the juvenile attains 18 years of age
12that places or continues the placement of the juvenile in his or her home shall
13terminate at the end of one year after the date on which the order is granted unless
14the court specifies a shorter period of time or the court terminates the order sooner.
15Except as provided in pars. (b) and (bm) or s. 938.368, an order under this section or
16s. 938.357 or 938.365 made before the juvenile attains 18 years of age that places or
17continues the placement of the juvenile in a foster home, group home, or residential
18care center for children and youth or in the home of a relative other than a parent
19shall terminate when the juvenile attains 18 years of age, at the end of one year after
20the date on which the order is granted, or, if the juvenile is a full-time student at a
21secondary school or its vocational or technical equivalent and is reasonably expected
22to complete the program before attaining 19 years of age, when the juvenile attains
2319 years of age, whichever is later, unless the court specifies a shorter period of time
24or the court terminates the order sooner.
SB568, s. 14 25Section 14. 938.355 (4) (bm) of the statutes is created to read:
SB568,10,3
1938.355 (4) (bm) An order under s. 938.366 (3) shall terminate when the foster
2youth, as defined in s. 938.366 (1), reaches 21 years of age unless the court terminates
3the order sooner as provided in s. 938.366 (4).
Note: Provides that an order for extended court jurisdiction for foster youth
terminates when the foster youth reaches 21 years of age unless the court terminates the
order sooner.
SB568, s. 15 4Section 15. 938.366 of the statutes is created to read:
SB568,10,6 5938.366 Extending court jurisdiction for foster youth. (1) In this section,
6"foster youth" means a person who meets all of the following qualifications:
SB568,10,77 (a) Is a resident of this state and is under 21 years of age.
SB568,10,118 (b) Reached the age of 18 years while placed in a foster home, treatment foster
9home, group home, residential care center for children and youth, or permanent
10foster placement or in the home of a relative other than a parent under a court order
11under s. 938.355.
SB568,11,2 12(2) By no later than 6 months after the termination of his or her dispositional
13order under s. 938.355 (4), a foster youth who wishes to have that order extended
14under this section may submit a request for extended court jurisdiction for foster
15youth to the agency that was primarily responsible for providing services to the foster
16youth under the dispositional order. A juvenile who is reasonably expected to be a
17foster youth on termination of his or her dispositional order under s. 938.355 (4) may
18also submit a request for extended court jurisdiction for foster youth not more than
196 months prior to the termination of the dispositional order. On receipt of a request
20for extended court jurisdiction for foster youth, the agency shall determine whether
21the foster youth or juvenile may be eligible for extended court jurisdiction under sub.
22(3). If the agency determines that the foster youth or juvenile may be eligible for

1extended court jurisdiction under sub. (3), the agency shall petition the court to
2extend jurisdiction for the foster youth or juvenile.
SB568,11,4 3(3) The court may order extended court jurisdiction for the foster youth or
4juvenile if he or she meets any of the following conditions:
SB568,11,65 (a) Is completing a secondary education program or any other program leading
6to a high school diploma or its equivalent.
SB568,11,87 (b) Is enrolled in an institution that provides postsecondary or vocational
8education.
SB568,11,109 (c) Is participating in a program or activity designed to promote, or remove
10barriers to, employment.
SB568,11,1111 (d) Is employed for at least 80 hours per month.
SB568,11,1412 (e) Is incapable of meeting any of the conditions specified in pars. (a) to (d) due
13to a medical condition and the incapability is supported by regularly updated
14information in the case plan of the foster youth or juvenile.
SB568,11,17 15(4) The agency primarily responsible for providing services to a foster youth
16under an order under this section shall notify the court if the agency has reason to
17believe that the foster youth no longer meets any of the conditions under sub. (3).
SB568,11,20 18(5) An order under this section shall terminate on the date on which the foster
19youth reaches 21 years of age unless the court terminates the order sooner. The court
20may terminate an order if the court finds any of the following:
SB568,11,2121 (a) That the foster youth no longer meets any of the conditions in sub. (3).
SB568,11,2222 (b) That all of the following conditions are met:
SB568,12,223 1. The foster youth's needs and goals for a successful transition to independent
24living, including needs and goals relating to housing, physical and mental health,
25education, employment, community connections, and supportive relationships, have

1been addressed by the county department or the agency primarily responsible for
2providing services under the order.
SB568,12,53 2. The county department or the agency primarily responsible for providing
4services under the order has provided appropriate services pursuant to the foster
5youth's case plan and permanency plan.
SB568,12,86 3. The county department or the agency primarily responsible for providing
7services under the order has involved the foster youth in the development of the case
8plan and in the provision of appropriate services.
SB568,12,109 4. The foster youth has safe and stable housing and is unlikely to become
10homeless as a result of termination of the order.
Note: Creates extended court jurisdiction for foster youth under the Juvenile
Justice Code.
SB568, s. 16 11Section 16. 938.366 (1) (b) of the statutes, as created by 2009 Wisconsin Act
12.... (this act), is amended to read:
Loading...
Loading...