938.52 Facilities for care of juveniles in care of department of corrections.

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

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

(b) Foster homes.

(c) Group homes.

(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.

(f) Other facilities that the department of corrections considers 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 who would be eligible for aid under s. 49.19, but for s. 49.19 (20), if such funds would reduce federal funds to this state.

(2) Use of other facilities.

(a) In addition to facilities and services under sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections 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 a juvenile in a private or public facility that is not under the jurisdiction of the department of corrections does not terminate that department's supervision over the juvenile under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (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.

NOTE: Par. (a) is amended by 2019 Wis. Act 8 effective on the date specified in the department of corrections notice published in the Wisconsin Administrative Register under 2017 Wis. Act 185, section 110 (2) (b), or 7-1-21, whichever is earlier, to read:

(a) In addition to facilities and services under sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections 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 a juvenile in a private or public facility that is not under the jurisdiction of the department of corrections does not terminate that department's supervision over the juvenile under s. 938.183, 938.34 (4h), or 938.357 (3) or (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.

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

(c) The department of corrections 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 (3) or (4) who have been placed in the facility.

NOTE: Par. (c) is amended by 2019 Wis. Act 8 effective on the date specified in the department of corrections notice published in the Wisconsin Administrative Register under 2017 Wis. Act 185, section 110 (2) (b), or 7-1-21, whichever is earlier, to read:

(c) The department of corrections may inspect any facility it is using and examine and consult with persons under its supervision under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) who have been placed in the facility.

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

History: 1995 a. 77; 2005 a. 344; 2009 a. 28; 2015 a. 55; 2017 a. 185; 2019 a. 8 ss. 52, 71.