Feed for /1995/related/acts/77 PDF
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.
77,238 Section 238. 48.34 (2r) of the statutes is repealed.
77,239 Section 239. 48.34 (3) of the statutes is renumbered 48.345 (3).
77,240 Section 240. 48.34 (3g) of the statutes, as affected by 1995 Wisconsin Act 27, section 2453p, is repealed.
77,241 Section 241. 48.34 (4) of the statutes is renumbered 48.345 (4).
77,242 Section 242. 48.34 (4h) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.
77,243 Section 243. 48.34 (4m) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.
77,244 Section 244. 48.34 (4n) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act 27, is repealed.
77,245 Section 245. 48.34 (4p) of the statutes is repealed.
77,246 Section 246. 48.34 (4r) of the statutes is repealed.
77,247 Section 247. 48.34 (4s) of the statutes is repealed.
77,248 Section 248. 48.34 (5) of the statutes is repealed.
77,249 Section 249. 48.34 (6) of the statutes is renumbered 48.345 (6).
77,250 Section 250. 48.34 (6m) of the statutes, as affected by 1993 Wisconsin Act 377, is renumbered 48.345 (6m).
77,251 Section 251. 48.34 (7) of the statutes is repealed.
77,252 Section 252. 48.34 (7m) of the statutes is repealed.
77,253 Section 253. 48.34 (7r) of the statutes, as created by 1995 Wisconsin Act 22, is repealed.
77,254 Section 254. 48.34 (7t) of the statutes, as created by 1995 Wisconsin Act 24, is repealed.
77,255 Section 255. 48.34 (8) of the statutes is repealed.
77,256 Section 256. 48.34 (9) of the statutes, as affected by 1995 Wisconsin Act 22, is repealed.
77,257 Section 257. 48.34 (10) (title) of the statutes is renumbered 48.345 (10) (title).
77,258 Section 258. 48.34 (10) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 48.345 (10) (a).
77,259 Section 259. 48.34 (10) (b) of the statutes is renumbered 48.345 (10) (b).
77,260 Section 260. 48.34 (10) (c) of the statutes is renumbered 48.345 (10) (c).
77,261 Section 261. 48.34 (11) of the statutes is renumbered 48.345 (11).
77,262 Section 262. 48.34 (12) of the statutes is renumbered 48.345 (12).
77,263 Section 263. 48.34 (13) of the statutes, as affected by 1993 Wisconsin Act 377, is renumbered 48.345 (13).
77,264 Section 264. 48.34 (14) of the statutes is repealed.
77,265 Section 265. 48.34 (15) of the statutes is repealed.
77,266 Section 266. 48.341 of the statutes is repealed.
77,267 Section 267. 48.342 of the statutes is repealed.
77,268 Section 268. 48.343 of the statutes is repealed.
77,269 Section 269. 48.344 of the statutes is repealed.
77,270 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:
77,271 Section 271. 48.345 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.
77,272 Section 272. 48.345 (1) (b) of the statutes is repealed.
77,273 Section 273. 48.345 (1) (c) of the statutes is repealed.
77,274 Section 274. 48.345 (1) (d) of the statutes is repealed.
77,275 Section 275. 48.345 (1) (f) of the statutes is repealed.
77,276 Section 276. 48.345 (2) of the statutes is repealed.
77,277 Section 277. 48.346 of the statutes is repealed.
77,278 Section 278. 48.35 (intro.) of the statutes is renumbered 48.35 (1) (a).
77,279 Section 279. 48.35 (1) (a) of the statutes is repealed.
77,280 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
77,281 Section 281. 48.35 (1) (b) 4. of the statutes is repealed.
77,282 Section 282. 48.35 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.
77,283 Section 283. 48.355 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:
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.
77,283m 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).
77,284 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.
77,285 Section 285. 48.355 (3m) of the statutes is repealed.
77,286 Section 286. 48.355 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 2465p, is renumbered 48.355 (4) and amended to read:
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.
77,287 Section 287. 48.355 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 2466m, is repealed.
77,288 Section 288. 48.355 (6) and (6g) of the statutes are repealed.
77,289 Section 289. 48.355 (7) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:
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.
77,290 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).
77,291 Section 291. 48.357 (3) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.
77,292 Section 292. 48.357 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:
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.
77,293 Section 293. 48.357 (4) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.
77,294 Section 294. 48.357 (4g) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Acts 27 and .... (this act), is repealed.
77,295 Section 295. 48.357 (4g) (b) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:
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.
77,296 Section 296. 48.357 (4g) (d) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:
48.357 (4g) (d) A child may be released from a secured correctional facility or from corrective sanctions supervision whether or not an aftercare plan has been prepared under this subsection.
77,297 Section 297. 48.357 (4m) of the statutes is amended to read:
48.357 (4m) The department shall try to release a child to aftercare or corrective sanctions supervision under sub. (4) within 30 days after the date the department determines the child is eligible for the release.
77,298 Section 298. 48.357 (5) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Acts 27 and .... (this act), is repealed.
77,299 Section 299. 48.357 (5) (a), (b) and (d) of the statutes, as affected by 1993 Wisconsin Act 385, are amended to read:
48.357 (5) (a) The department or a county department, whichever has been designated as a child's aftercare provider under s. 48.34 (4n), may revoke the aftercare status of that child. The department may revoke a child's placement in the community under corrective sanctions supervision. Revocation of aftercare or corrective sanctions supervision shall not require prior notice under sub. (1).
(b) A child on aftercare status may be taken into custody only as provided in ss. 48.19 to 48.21. A child under corrective sanctions supervision may be taken into custody under ss. 48.19 to 48.21 or under s. 48.533 (3).
(d) A hearing on the revocation shall be conducted by the division of hearings and appeals in the department of administration within 30 days after the child is taken into custody for an alleged violation of the conditions of the child's aftercare or corrective sanctions supervision. This time limit may be waived only upon the agreement of the aftercare or corrective sanctions provider, the child and the child's counsel.
77,300 Section 300. 48.357 (5) (e) and (g) of the statutes, as created by 1993 Wisconsin Act 385, are amended to read:
48.357 (5) (e) If the hearing examiner finds that the child has violated a condition of aftercare or corrective sanctions supervision, the hearing examiner shall determine whether confinement in a secured correctional facility is necessary to protect the public or to provide for the child's rehabilitation.
(g) The department shall promulgate rules setting standards to be used by a hearing examiner to determine whether to revoke a child's aftercare or corrective sanctions status. The standards shall specify that the burden is on the department or county department seeking revocation to show by a preponderance of the evidence that the child violated a condition of aftercare or corrective sanctions supervision.
77,301 Section 301. 48.36 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
48.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a disposition made under s. 48.34 or 48.345 or by a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department of health and social services, the department of corrections, or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).
(b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and social services, or the county child and spousal support agency, under s. 46.25 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.
77,302 Section 302. 48.361 (1) (b) of the statutes is amended to read:
48.361 (1) (b) Any special treatment or care that relates to alcohol or other drug abuse services ordered by a court under s. 48.34 48.345 (6) (a).
77,303 Section 303. 48.361 (1) (c) of the statutes is amended to read:
48.361 (1) (c) Any alcohol or other drug abuse treatment or education ordered by a court under s. 48.32 (1g), 48.34 48.345 (6) (a) or (13), 48.343 (10) or 48.344 (2g).
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