77, s. 97r
Section 97r. 48.08 (3) (a) 1. and 2. and (b) of the statutes are repealed.
77, s. 69
Section
69. 48.09 (1) of the statutes is repealed.
77, s. 70
Section
70. 48.09 (2) of the statutes is repealed.
77, s. 71
Section
71. 48.09 (3) of the statutes is repealed.
77, s. 72
Section
72. 48.09 (4) of the statutes is repealed.
77, s. 73
Section
73. 48.10 of the statutes is amended to read:
48.10 Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but if a recommendation to file a petition is made, a citation is issued or an informal disposition is entered into, the judge shall be disqualified from participating further in the proceedings.
77, s. 74
Section
74. 48.12 (title) of the statutes is repealed.
77, s. 76
Section
76. 48.125 of the statutes is repealed.
77, s. 77
Section
77. 48.13 (4) of the statutes is amended to read:
48.13 (4) Whose parent or guardian signs the petition requesting jurisdiction and states that he or she is unable to care for, control or provide necessary special treatment or care for the child;
77, s. 78
Section
78. 48.13 (6) of the statutes is repealed.
77, s. 79
Section
79. 48.13 (6m) of the statutes is repealed.
77, s. 80
Section
80. 48.13 (7) of the statutes is repealed.
77, s. 81
Section
81. 48.13 (12) of the statutes is repealed.
77, s. 82
Section
82. 48.13 (14) of the statutes is repealed.
77, s. 83
Section
83. 48.135 (1) of the statutes is amended to read:
48.135 (1) If a child alleged to be delinquent or in need of protection or services is before the court and it appears that the child is developmentally disabled, mentally ill or drug dependent or suffers from alcoholism, the court may proceed under ch. 51 or 55.
77, s. 84
Section
84. 48.14 (4) of the statutes is repealed.
77, s. 85
Section
85. 48.15 of the statutes is amended to read:
48.15 Jurisdiction of other courts to determine legal custody. Nothing contained in ss. 48.12, 48.13 and 48.14 deprives other courts of the right to determine the legal custody of children by habeas corpus or to determine the legal custody or guardianship of children if the legal custody or guardianship is incidental to the determination of causes pending in the other courts. But the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 938 is paramount in all cases involving children alleged to come within the provisions of ss. 48.12, 48.13 and 48.14.
77, s. 86
Section
86. 48.17 of the statutes is repealed.
77, s. 87
Section
87. 48.18 (title) and (1) of the statutes are repealed.
77, s. 88
Section
88. 48.18 (2) of the statutes is repealed.
77, s. 90
Section
90. 48.18 (3) of the statutes is repealed.
77, s. 91
Section
91. 48.18 (4) of the statutes is repealed.
77, s. 92
Section
92. 48.18 (5) (intro.) of the statutes is repealed.
77, s. 93
Section
93. 48.18 (5) (a) of the statutes is repealed.
77, s. 94
Section
94. 48.18 (5) (b) of the statutes is repealed.
77, s. 96
Section
96. 48.18 (5) (d) of the statutes is repealed.
77, s. 97
Section
97. 48.18 (6) of the statutes is repealed.
77, s. 98
Section
98. 48.18 (8) of the statutes is repealed.
77, s. 99
Section
99. 48.18 (9) of the statutes is repealed.
77, s. 100
Section
100. 48.183 of the statutes is repealed.
77, s. 101
Section
101. 48.185 (1) of the statutes is amended to read:
48.185 (1) Subject to sub. (3), venue
Venue for any proceeding under ss. 48.12, 48.125, 48.13, 48.135, and 48.14 (1) to (9) and 48.18 may be in any of the following: the county where the child resides, the county where the child is present or, in the case of a violation of a state law or a county, town or municipal ordinance, the county where the violation occurred. Venue for proceedings brought under subch. VIII is as provided in this subsection except where the child has been placed and is living outside the home of the child's parent pursuant to a dispositional order, in which case venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as provided in s. 801.50 (5s).
77, s. 102
Section
102. 48.185 (3) of the statutes is repealed.
77, s. 103
Section
103. 48.19 (1) (d) 3. of the statutes is repealed.
48.19 (1) (d) 6. The child has violated the terms of court-ordered supervision or aftercare supervision administered by the department or a county department or of corrective sanctions supervision administered by the department.
77, s. 105
Section
105. 48.19 (1) (d) 6. of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.
77, s. 106
Section
106. 48.19 (1) (d) 8. of the statutes is repealed.
77, s. 107
Section
107. 48.19 (1) (d) 9. of the statutes is repealed.
77, s. 108
Section
108. 48.19 (1) (d) 10. of the statutes is repealed.
77, s. 109
Section
109. 48.19 (1m) of the statutes is repealed.
77, s. 110
Section
110. 48.20 (2) (ag) of the statutes is amended to read:
48.20 (2) (ag) Except as provided in pars. (b) to
(g) (d), a person taking a child into custody shall make every effort to release the child immediately to the child's parent, guardian or legal custodian.
77, s. 112
Section
112. 48.20 (2) (e) of the statutes is repealed.
77, s. 113
Section
113. 48.20 (2) (f) of the statutes is repealed.
77, s. 114
Section
114. 48.20 (2) (g) of the statutes is repealed.
77, s. 115
Section
115. 48.20 (3) of the statutes is amended to read:
48.20 (3) If the child is released under sub. (2) (b) to (d) or (g), the person who took the child into custody shall immediately notify the child's parent, guardian and legal custodian of the time and circumstances of the release and the person, if any, to whom the child was released. If the child is not released under sub. (2), the person who took the child into custody shall arrange in a manner determined by the court and law enforcement agencies for the child to be interviewed by the intake worker under s. 48.067 (2), and shall make a statement in writing with supporting facts of the reasons why the child was taken into physical custody and shall give any child 12 years of age or older a copy of the statement in addition to giving a copy to the intake worker. When the intake interview is not done in person, the report may be read to the intake worker.
77, s. 116
Section
116. 48.20 (7) (a) of the statutes is amended to read:
48.20 (7) (a) When a child is interviewed by an intake worker, the intake worker shall inform any child possibly involved in a delinquent act of his or her right to counsel and the right against self-incrimination. If the child who is alleged to be in need of protection or services and who is 12 years of age or older, the intake worker shall inform the child of his or her right to counsel.
48.20 (8) If a child is held in custody, the intake worker shall notify the child's parent, guardian and legal custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. If a child who has violated the terms of aftercare supervision administered by the department of corrections or a county department is held in custody, the intake worker shall also notify the department of corrections or county department, whichever has supervision over the child, of the reasons for holding the child in custody, of the child's whereabouts and of the time and place of the detention hearing required under s. 48.21. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 48.21, the nature and possible consequences of that hearing, and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is alleged to be in need of protection or services and is 12 years of age or older, or is alleged to have committed a delinquent act, the child shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the child and the child's parent, guardian or legal custodian.
77, s. 119
Section
119. 48.205 (1) (a) of the statutes is amended to read:
48.205 (1) (a) Probable cause exists to believe that if the child is not held he or she will commit injury to the person or property of others or cause injury to himself or herself or be subject to injury by others;
48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers or proceedings of the division of hearings and appeals in the department of administration for revocation of aftercare or corrective sanctions supervision.
77, s. 121
Section
121. 48.205 (1) (c) of the statutes, as affected by 1995 Wisconsin Acts 27, section 2436p, and .... (this act), is repealed and recreated to read:
48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers.
48.208 (1) Probable cause exists to believe that the child has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away as evidenced by a previous act or attempt so as to be unavailable for a court hearing or a revocation hearing for children on aftercare or corrective sanctions supervision. For children on aftercare or corrective sanctions supervision, the delinquent act referred to in this section may be the act for which the child was placed in a secured correctional facility.
77, s. 123
Section
123. 48.208 (1) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.
77, s. 124
Section
124. 48.208 (2) of the statutes is repealed.
77, s. 125
Section
125. 48.208 (5) of the statutes is repealed.
77, s. 126
Section
126. 48.209 (3) of the statutes is repealed.
77, s. 127
Section
127. 48.21 (1) (a) of the statutes is amended to read:
48.21 (1) (a) If a child who has been taken into custody is not released under s. 48.20, a hearing to determine whether the child shall continue to be held in custody under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile court commissioner within 24 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing a petition under s. 48.25 shall be filed, except that no petition need be filed where a child is taken into custody under s. 48.19 (1) (b) or (d) 2., 6. or 7. or where the child is a runaway from another state, in which case a written statement of the reasons for holding a child in custody shall be substituted if the petition is not filed. If no hearing has been held within 24 hours or if no petition or statement has been filed at the time of the hearing, the child shall be released except as provided in par. (b). A parent not present at the hearing shall be granted a rehearing upon request.
77, s. 128
Section
128. 48.21 (2) of the statutes is repealed.
77, s. 129
Section
129. 48.21 (3) (intro.) of the statutes is amended to read:
48.21 (3) Proceedings concerning children in need of protection or services. (intro.) Proceedings concerning a child who comes within the jurisdiction of the court under s. 48.13 (1) to (5) or (8) to (11) shall be conducted according to this subsection.
77, s. 130
Section
130. 48.21 (4m) of the statutes is repealed.
77, s. 132
Section
132. 48.225 of the statutes is repealed.
77, s. 133
Section
133. 48.227 (4) (b) of the statutes is amended to read:
48.227 (4) (b) If, in addition to jurisdiction under par. (c), the court has jurisdiction over the child under ss. 48.12 48.13 to 48.14, excluding s. 48.14 (8), or under ss. 938.12 to 938.14, a hearing may be held under s. 48.21 or 938.21.
77, s. 134
Section
134. 48.227 (4) (e) 2. of the statutes is amended to read:
48.227 (4) (e) 2. That, with the consent of the child and the runaway home, the child remain in the care of the runaway home for a period of not more than 20 days. Without further proceedings, the child shall be released whenever the child indicates, either by statement or conduct, that he or she wishes to leave the home or whenever the runaway home withdraws its consent. During this time period not to exceed 20 days ordered by the court, the child's parent, guardian or legal custodian may not remove the child from the home but may confer with the child or with the person operating the home. If, at the conclusion of the time period ordered by the court the child has not left the home, and no petition concerning the child has been filed under s. 48.12 or 48.13, 938.12 or 938.13, the child shall be released from the home. If a petition concerning the child has been filed under s. 48.12 or 48.13, 938.12 or 938.13, the child may be held in temporary physical custody under ss. 48.20 to 48.21 or 938.20 to 938.21.
48.23 (1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a child 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the child in a secured correctional facility, transfer supervision of the child to the department of corrections for participation in the serious juvenile offender program or transfer jurisdiction over the child to adult court.
77, s. 136
Section
136. 48.23 (1) (am) of the statutes is repealed.
