77, s. 204
Section
204. 48.30 (2) of the statutes is amended to read:
48.30 (2) At the commencement of the hearing under this section the child and the parent, guardian or legal custodian shall be advised of their rights as specified in s. 48.243 and shall be informed that a request for a jury trial or for a substitution of judge under s. 48.29 must be made before the end of the plea hearing or be waived, except where the child is before the court on a uniform municipal citation, issued under ch. 800 in which case the court shall inform the child that a request for a jury trial may be made at any time prior to the fact-finding hearing and within 20 days after the plea hearing. Nonpetitioning parties, including the child, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a jury trial or substitution of a judge.
77, s. 205
Section
205. 48.30 (3) of the statutes is amended to read:
48.30 (3) If a petition alleges that a child is in need of protection or services under s. 48.13 (1) to (11), the nonpetitioning parties and the child, if he or she is 12 years of age or older or is otherwise competent to do so, shall state whether they desire to contest the petition.
77, s. 206
Section
206. 48.30 (4) of the statutes is repealed.
77, s. 207
Section
207. 48.30 (5) of the statutes is repealed.
77, s. 208
Section
208. 48.30 (6) of the statutes is amended to read:
48.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for the child who is held in secure custody and no more than 30 days from the plea hearing for a child who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department under s. 46.25 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing. If a citation is not contested, the court may proceed immediately to enter a dispositional order.
77, s. 209
Section
209. 48.30 (7) of the statutes is amended to read:
48.30 (7) If the citation or the petition is contested, the court shall set a date for the fact-finding hearing which allows reasonable time for the parties to prepare but is no more than 20 days from the plea hearing for a child who is held in secure custody and no more than 30 days from the plea hearing for a child who is not held in secure custody.
77, s. 210
Section
210. 48.30 (8) of the statutes is amended to read:
48.30 (8) Except when a child fails to appear in response or stipulates to a citation before Before accepting an admission or plea of no contest of the alleged facts in a petition or citation, the court shall:
(a) Address the parties present including the child personally and determine that the plea or admission is made voluntarily with understanding of the nature of the acts alleged in the petition or citation and the potential dispositions.
(b) Establish whether any promises or threats were made to elicit a plea the plea or admission and alert unrepresented parties to the possibility that a lawyer may discover defenses or mitigating circumstances which would not be apparent to them.
(c) Make such inquiries as satisfactorily establishes that there is a factual basis for the child's plea or parent parent's and child's plea or admission.
77, s. 211
Section
211. 48.30 (9) of the statutes is amended to read:
48.30 (9) If a court commissioner conducts the plea hearing and accepts an admission of the alleged facts in a petition brought under s. 48.12 or 48.13, the judge shall review the admission at the beginning of the dispositional hearing by addressing the parties and making the inquires set forth in sub. (8).
77, s. 212
Section
212. 48.30 (10) of the statutes is amended to read:
48.30 (10) The court may permit any party to participate in hearings under this section by telephone or live audio-visual means except a child who intends to admit the facts of a delinquency petition.
77, s. 213
Section
213. 48.31 (1) of the statutes is amended to read:
48.31 (1) In this section, "fact-finding hearing" means a hearing to determine if the allegations of a petition under s. 48.12 or 48.13 (12) are supported beyond a reasonable doubt or a hearing to determine if the allegations in a petition or citation under s. 48.125 or 48.13 (1) to (11) or a petition to terminate parental rights are proved by clear and convincing evidence.
77, s. 214
Section
214. 48.31 (2) of the statutes is amended to read:
48.31 (2) The hearing shall be to the court unless the child, parent, guardian or legal custodian exercises the right to a jury trial by demanding a jury trial at any time before or during the plea hearing. Chapters 756 and 805 shall govern the selection of jurors except that ss. 972.03 and 972.04 shall apply in cases in which the juvenile is alleged to be delinquent under s. 48.12. If the hearing involves a child victim or witness, as defined in s. 950.02, the court may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or jury shall make a determination of the facts. If the court finds that the child is not within the jurisdiction of the court or the court or jury finds that the facts alleged in the petition or citation have not been proved, the court shall dismiss the petition or citation with prejudice.
77, s. 215
Section
215. 48.31 (4) of the statutes is amended to read:
48.31 (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13 (1) to (11m). In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court shall not find that the child is suffering serious emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection and services under s. 48.13 (11m), the court shall not find that the child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages or controlled substances and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility. In cases alleging a child delinquent or in need of protection or services under s. 48.13 (12) the court shall make findings relating to the proof of the violation of law and to the proof that the child named in the petition committed the violation alleged.
77, s. 216
Section
216. 48.32 (1) of the statutes is amended to read:
48.32 (1) At any time after the filing of a petition for a proceeding relating to s. 48.12 or 48.13 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the child under supervision in the child's own home or present placement. The court may establish terms and conditions applicable to the parent, guardian or legal custodian, and to the child, including any conditions specified in subs. (1d), (1g) and (1t). The order under this section shall be known as a consent decree and must be agreed to by the child if 12 years of age or older; the parent, guardian or legal custodian; and the person filing the petition under s. 48.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 48.361. The consent decree shall be reduced to writing and given to the parties.
77, s. 217
Section
217. 48.32 (1d) of the statutes is repealed.
77, s. 218
Section
218. 48.32 (1g) of the statutes is repealed.
77, s. 219
Section
219. 48.32 (1r) of the statutes is repealed.
77, s. 220
Section
220. 48.32 (1t) of the statutes is repealed.
77, s. 222
Section
222. 48.32 (2) (a) of the statutes is amended to read:
48.32 (2) (a) Except as provided in par. (b), a A consent decree shall remain in effect up to 6 months unless the child, parent, guardian or legal custodian is discharged sooner by the judge or juvenile court commissioner.
77, s. 223
Section
223. 48.32 (2) (b) of the statutes is repealed.
77, s. 224
Section
224. 48.32 (4) of the statutes is repealed.
77, s. 225
Section
225. 48.32 (5) (a) of the statutes is amended to read:
48.32 (5) (a) The court refuses to enter into a consent decree and the allegations in the petition remain to be decided in a hearing where the child denies the allegations of delinquency or one of the parties denies the allegations forming the basis for a child in need of protection or services petition; or
77, s. 226
Section
226. 48.32 (5) (b) of the statutes is amended to read:
48.32 (5) (b) A consent decree is granted but the petition under s. 48.12 or 48.13 is subsequently reinstated.
48.33 (1) Report required. (intro.) Before the disposition of a child adjudged to be delinquent or in need of protection or services the court shall designate an agency, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the following:
77, s. 228
Section
228. 48.33 (3) of the statutes, as affected by 1993 Wisconsin Acts 385 and 481, is repealed.
77, s. 230
Section
230. 48.33 (4m) (intro.) of the statutes is amended to read:
48.33 (4m) Support recommendations; information to parents. (intro.) In making a recommendation for an amount of child support under sub. (3) or (4), the agency shall consider the factors that the court considers under s. 46.10 (14) (c) for deviation from the percentage standard. Prior to the dispositional hearing under s. 48.335, the agency shall provide the child's parent with all of the following:
77, s. 232
Section
232. 48.335 (1) of the statutes is amended to read:
48.335 (1) The court shall conduct a hearing to determine the disposition of a case in which a child is adjudged to be delinquent under s. 48.12, to have violated a civil law or ordinance under s. 48.125 or to be in need of protection or services under s. 48.13, except the court shall proceed as provided by s. 48.237 (2) if a citation is issued and the child fails to contest the citation.
77, s. 233
Section
233. 48.335 (3m) of the statutes is repealed.
77, s. 234
Section
234. 48.34 (intro.) of the statutes, as affected by 1995 Wisconsin Acts 22 and 24, is repealed.
77, s. 235
Section
235. 48.34 (1) of the statutes is renumbered 48.345 (1).
48.345 (2) Place the child under supervision of an agency, the department of corrections, if the department of corrections approves, or a suitable adult, including a friend of the child, under conditions prescribed by the judge including reasonable rules for the child's conduct, designed for the physical, mental and moral well-being and behavior of the child.
48.345 (2m) Place the child in the child's home under the supervision of an agency, or the department of health and social services, if the child is in need of protection or services and that, if the department approves, or the department of corrections, if the child is delinquent and that department approves, and order the agency or department to provide specified services to the child and the child's family, which may include but are not limited to individual, family or group counseling, homemaker or parent aide services, respite care, housing assistance, day care or parent skills training.
77, s. 238
Section
238. 48.34 (2r) of the statutes is repealed.
77, s. 239
Section
239. 48.34 (3) of the statutes is renumbered 48.345 (3).
77, s. 241
Section
241. 48.34 (4) of the statutes is renumbered 48.345 (4).
77, s. 245
Section
245. 48.34 (4p) of the statutes is repealed.
77, s. 246
Section
246. 48.34 (4r) of the statutes is repealed.
77, s. 247
Section
247. 48.34 (4s) of the statutes is repealed.
77, s. 248
Section
248. 48.34 (5) of the statutes is repealed.
77, s. 249
Section
249. 48.34 (6) of the statutes is renumbered 48.345 (6).
77, s. 251
Section
251. 48.34 (7) of the statutes is repealed.
77, s. 252
Section
252. 48.34 (7m) of the statutes is repealed.
77, s. 255
Section
255. 48.34 (8) of the statutes is repealed.
77, s. 257
Section
257. 48.34 (10) (title) of the statutes is renumbered 48.345 (10) (title).
77, s. 259
Section
259. 48.34 (10) (b) of the statutes is renumbered 48.345 (10) (b).
77, s. 260
Section
260. 48.34 (10) (c) of the statutes is renumbered 48.345 (10) (c).
77, s. 261
Section
261. 48.34 (11) of the statutes is renumbered 48.345 (11).
77, s. 262
Section
262. 48.34 (12) of the statutes is renumbered 48.345 (12).
77, s. 264
Section
264. 48.34 (14) of the statutes is repealed.
77, s. 265
Section
265. 48.34 (15) of the statutes is repealed.
77, s. 266
Section
266. 48.341 of the statutes is repealed.
77, s. 267
Section
267. 48.342 of the statutes is repealed.
77, s. 268
Section
268. 48.343 of the statutes is repealed.
77, s. 269
Section
269. 48.344 of the statutes is repealed.
77, s. 270
Section
270. 48.345 (1) (intro.) and (e) of the statutes are consolidated, renumbered 48.345 (intro.) and amended to read:
