State Codes and Statutes

Statutes > Wisconsin > 938 > 938.52

938.52

938.52 Facilities for care of juveniles in care of department.

938.52(1)

(1) Facilities maintained or used for juveniles. The department may maintain or use the following facilities for juveniles in its care:

938.52(1)(a)

(a) Receiving homes to be used for the temporary care of juveniles.

938.52(1)(b)

(b) Foster homes or treatment foster homes.

938.52 - ANNOT.

NOTE: Par. (b) is amended by 2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:

938.52 - ANNOT.

(b) Foster homes.

938.52(1)(c)

(c) Group homes.

938.52(1)(d)

(d) Institutions, facilities, and services, including forestry or conservation camps, for the training and treatment of juveniles 10 years of age or older who have been adjudged delinquent.

938.52(1)(f)

(f) Other facilities deemed by the department to be appropriate for the juvenile, except that no state funds may be used for the maintenance of a juvenile in the home of a parent or relative eligible for aid under s. 49.19 if such funds would reduce federal funds to this state.

938.52(2)

(2) Use of other facilities.

938.52(2)(a)

(a) In addition to facilities and services under sub. (1), the department may use other facilities and services under its jurisdiction. The department may contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care. Placement of juveniles in private or public facilities not under the department's jurisdiction does not terminate its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4). Placements in institutions for persons with a mental illness or development disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am) and ch. 51.

938.52(2)(b)

(b) Public facilities shall accept and care for persons placed with them by the department in the same manner as they would be required to do had the legal custody of these persons been transferred by a court of competent jurisdiction. Nothing in this subsection requires any public facility to serve the department in a manner that is inconsistent with the facility's functions or with the laws and regulations governing its activities or gives the department authority to use any private facility without its consent.

938.52(2)(c)

(c) The department may inspect any facility it is using and examine and consult with persons under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) who have been placed in the facility.

938.52(4)

(4) Coeducational programs and institutions. The department may establish and maintain coeducational programs and institutions under this chapter.

938.52 - ANNOT.

History: 1995 a. 77; 2005 a. 344; 2009 a. 28.