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228. 48.33 (3) of the statutes, as affected by 1993 Wisconsin Acts 385 and 481, is repealed.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233. 48.335 (3m) of the statutes is repealed.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 of the statutes, as affected by 1995 Wisconsin Acts 22 and 24, is repealed.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:
48.345 Disposition of child adjudged in need of protection or services. (intro.) If the judge finds that the child is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in s. 48.34 this section under a care and treatment plan, except that the order may not
do any of the following: (e) Place place any child not specifically found under chs. 46, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have exceptional educational needs in facilities which exclusively treat those categories of children. The dispositions under this section are as follows:
77, s. 272
Section
272. 48.345 (1) (b) of the statutes is repealed.
77, s. 273
Section
273. 48.345 (1) (c) of the statutes is repealed.
77, s. 274
Section
274. 48.345 (1) (d) of the statutes is repealed.
77, s. 275
Section
275. 48.345 (1) (f) of the statutes is repealed.
77, s. 276
Section
276. 48.345 (2) of the statutes is repealed.
77, s. 277
Section
277. 48.346 of the statutes is repealed.
77, s. 278
Section
278. 48.35 (intro.) of the statutes is renumbered 48.35 (1) (a).
77, s. 279
Section
279. 48.35 (1) (a) of the statutes is repealed.
77, s. 280
Section
280. 48.35 (1) (b) 2. of the statutes is amended to read:
48.35 (1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction under this chapter and ch. 938; or
77, s. 281
Section
281. 48.35 (1) (b) 4. of the statutes is repealed.
48.355 (1) Intent. In any order under s. 48.34 or 48.345 the judge shall decide on a placement and treatment finding based on evidence submitted to the judge. The disposition shall employ those means necessary to maintain and protect the child's well-being which are the least restrictive of the rights of the parent or child and which assure the care, treatment or rehabilitation of the child and the family, consistent with the protection of the public. Wherever possible, and, in cases of child abuse and neglect, when it is consistent with the child's best interest in terms of physical safety and physical health the family unit shall be preserved and there shall be a policy of transferring custody from the parent only where there is no less drastic alternative. If information under s. 48.331 has been provided in a court report under s. 48.33 (1), the court shall consider that information when deciding on a placement and treatment finding.
77, s. 283m
Section 283m. 48.355 (2) (b) 1m. of the statutes is created to read:
48.355 (2) (b) 1m. A notice that the child's parent, guardian or legal custodian or the child, if 14 years of age or over, may request an agency that is providing care or services for the child or that has legal custody of the child to disclose to, or make available for inspection by, the parent, guardian, legal custodian or child the contents of any record kept or information received by the agency about the child as provided in s. 48.78 (2) (ag).
77, s. 284
Section
284. 48.355 (2) (b) 5. of the statutes is amended to read:
48.355 (2) (b) 5. For a child placed outside his or her home pursuant to an order under s. 48.34 (3) or 48.345, a permanency plan under s. 48.38 if one has been prepared.
77, s. 285
Section
285. 48.355 (3m) of the statutes is repealed.
48.355 (4) Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child who is under the supervision of the department of corrections under s. 48.34 (4h), (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 17 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.
77, s. 288
Section
288. 48.355 (6) and (6g) of the statutes are repealed.
48.355 (7) Orders applicable to parents, guardians, legal custodians and other adults. In addition to any dispositional order entered under s. 48.34 or 48.345, the court may enter an order applicable to a child's parent, guardian or legal custodian or to another adult, as provided under s. 48.45.
77, s. 290
Section
290. 48.357 (2) of the statutes is amended to read:
48.357 (2) If emergency conditions necessitate an immediate change in the placement of a child placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1). In emergency situations, the child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 48.34 48.345 (3).
48.357 (4) When the child is placed with the department, the department may, after an examination under s. 48.50, place the child in a secured correctional facility or on aftercare or corrective sanctions supervision, either immediately or after a period of placement in a secured correctional facility. The department shall send written notice of the change to the parent, guardian, legal custodian, county department designated under s. 48.34 (4n), if any, and committing court.
77, s. 293
Section
293. 48.357 (4) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.
48.357 (4g) (b) The department may waive the time period within which an aftercare plan must be prepared and submitted under par. (a) if the department anticipates that the child will remain in the secured correctional facility for a period exceeding 8 months, or if the child is subject to extended jurisdiction under s. 48.366 or if the child is under corrective sanctions supervision under s. 48.533. If the department has waived the time period within which an aftercare plan must be prepared and submitted and if there will be a reasonable time period after release from the secured correctional facility or from corrective sanctions supervision during which the child may remain subject to court jurisdiction, the department shall notify the county department providing aftercare supervision of the anticipated release date not less than 60 days before the date on which the child will be eligible for release. If the department waives the time limits specified under par. (a), the aftercare plan shall be prepared by the department or prepared and submitted by the county department providing aftercare supervision on or before the date on which the child becomes eligible for release.
