AB809: Bill Text

AB809, s. 21 Section 21. 48.43 (6m) of the statutes is amended to read:

AB809,13,16 48.43 (6m) If a person whose parental rights are terminated is present in court when the court grants the order terminating those rights, the court shall provide written notification to the person of the time limits periods for appeal of the judgment. The person shall sign the written notification, indicating that he or she has been notified of the time limits periods for filing an appeal under ss. 808.04 (7m) and 809.107. The person's counsel shall file a copy of the signed, written notification with the court on the date on which the judgment is granted.

AB809, s. 22 Section 22. 48.63 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB809,14,17 48.63 (1) Acting under court order or voluntary agreement, the child's parent or guardian or the department, the department of corrections, a county department, or a child welfare agency licensed to place children in foster homes, treatment foster homes, or group homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home, or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster, or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 180 days from the date on which the child was removed from the home under the voluntary agreement. A group home placement under a voluntary agreement may not exceed 15 days from the date on which the child was removed from the home under the voluntary agreement, except as provided in sub. (5). These time limitations periods do not apply to placements made under s. 48.345, 938.183, 938.34, or 938.345. Voluntary agreements may be made only under this subsection and sub. (5) (b) and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or guardian or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older. If a county department, the department, or the department of corrections places a child or negotiates or acts as intermediary for the placement of a child under this subsection, the voluntary agreement shall also specifically state that the county department, department, or department of corrections has placement and care responsibility for the child as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the child.

AB809, s. 23 Section 23. 938.24 (5) of the statutes is amended to read:

AB809,15,14 938.24 (5) Request for petition, deferred prosecution, or case closure; time periods. The intake worker shall request that a petition be filed, enter into a deferred prosecution agreement, or close the case within 40 days of after receipt of referral information. Before entering into a deferred prosecution agreement, the intake worker shall comply with s. 938.245 (1m), if applicable. If the case is closed or a deferred prosecution agreement is entered into, the district attorney, corporation counsel, or other official under s. 938.09 shall receive written notice of that action. If the case is closed, the known victims of the juvenile's alleged act shall receive notice as provided under sub. (5m), if applicable. A notice of deferred prosecution of an alleged delinquency case shall include a summary of the facts surrounding the allegation and a list of the juvenile's prior intake referrals and dispositions. If a law enforcement officer has made a recommendation concerning the juvenile, the intake worker shall forward the recommendation to the district attorney under s. 938.09. Notwithstanding the requirements of this section, the district attorney may initiate a delinquency petition under s. 938.25 within 20 days after notice that the case has been closed or that a deferred prosecution agreement has been entered into. The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to any such petition that is not referred or filed within the time limits period specified in this subsection. Failure to object to the fact that a petition is not referred or filed within a time limit period specified in this subsection waives that time limit any challenge to the court's competency to act on the petition.

AB809, s. 24 Section 24. 938.245 (7) (a) of the statutes is amended to read:

AB809,16,3 938.245 (7) (a) If at any time during the period of a deferred prosecution agreement the intake worker determines that the obligations imposed under it are not being met, the intake worker may cancel the agreement. Within 10 days after the agreement is cancelled, the intake worker shall notify the district attorney, corporation counsel, or other official under s. 938.09 of the cancellation and may request that a petition be filed. In delinquency cases, the district attorney may initiate a petition within 20 days after the date of the notice regardless of whether the intake worker has requested that a petition be filed. The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to any petition that is not filed within the time limit period specified in this paragraph. Failure to object if to the fact that a petition is not filed within the time limit period specified in this paragraph waives that time limit any challenge to the court's competency to act on the petition.

AB809, s. 25 Section 25. 938.25 (2) (title) of the statutes is amended to read:

AB809,16,5 938.25 (2) (title) Time limits periods; referral back.

AB809, s. 26 Section 26. 938.25 (2) (a) of the statutes is amended to read:

AB809,17,5 938.25 (2) (a) The district attorney, corporation counsel, or other appropriate official shall file the petition, close the case, or refer the case back to intake or, with notice to intake, the law enforcement agency investigating the case within 20 days after the date that the intake worker's request was filed. A referral back to intake or to the law enforcement agency investigating the case may be made only when the district attorney, corporation counsel, or other appropriate official decides not to file a petition or determines that further investigation is necessary. If the case is referred back to intake upon a decision not to file a petition, the intake worker shall close the case or enter into a deferred prosecution agreement within 20 days after the date of the referral. If the case is referred back to intake or to the law enforcement agency investigating the case for further investigation, the appropriate agency or person shall complete the investigation within 20 days after the date of the referral. If another referral is made to the district attorney, corporation counsel, or other appropriate official by intake or by the law enforcement agency investigating the case, it shall be considered a new referral to which the time limits of this subsection apply. The time limits periods in this subsection paragraph may only be extended by a court upon a showing of good cause under s. 938.315. If a petition is not filed within the time limits periods in this subsection paragraph and the court has not granted an extension, the petition shall be accompanied by a statement of reasons for the delay. The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to a petition that is not filed within the applicable time limits period in this paragraph. Failure to object if to the fact that a petition is not filed within the applicable time limits period in this paragraph waives those time limits any challenge to the court's competency to act on the petition.

AB809, s. 27 Section 27. 938.25 (2) (b) of the statutes is amended to read:

AB809,17,17 938.25 (2) (b) In delinquency cases in which there has been a case closure or deferred prosecution agreement, the petition shall be filed within 20 days after receipt of the notice of the closure or agreement. Failure to file within those 20 days invalidates the petition and affirms the case closure or agreement, except that the court shall grant appropriate relief as provided in s. 938.315 (3) with respect to a petition that is not filed within the time limit period specified in this paragraph and that failure to object if a petition is not filed within the time limit in this paragraph that time period waives that time limit any challenge to the court's competency to act on the petition. If a petition is filed within those 20 days or the time permitted by the court under s. 938.315 (3), whichever is later, the district attorney shall notify the parties to the agreement and the intake worker of the filing as soon as possible.

AB809, s. 28 Section 28. 938.25 (4) of the statutes is amended to read:

AB809,17,20 938.25 (4) Time limit on period for prosecution. Section 939.74 applies to delinquency petitions filed under this chapter.

AB809, s. 29 Section 29. 938.315 (1) (intro.) of the statutes is amended to read:

AB809,17,23 938.315 (1) Time periods to be excluded. (intro.) The following time periods shall be excluded in computing time requirements periods under this chapter:

AB809, s. 30 Section 30. 938.315 (2m) (intro.) of the statutes is amended to read:

AB809,18,5 938.315 (2m) When no continuance, extension, or exclusion permitted. (intro.) No continuance or extension of a time limit period specified in this chapter may be granted and no period of delay specified in sub. (1) may be excluded in computing a time requirement period under this chapter if the continuance, extension, or exclusion would result in any of the following:

AB809, s. 31 Section 31. 938.315 (3) of the statutes is amended to read:

AB809,18,18 938.315 (3) Consequences of failure to comply with act within time limit period. Failure to comply with any time limit by the court or a party to act within any time period specified in this chapter does not deprive the court of personal or subject matter jurisdiction or of competency to exercise that jurisdiction. Failure to object to a period of delay or a continuance waives the time limit that is the subject of any challenge to the court's competency to act during the period of delay or continuance. If the court or a party does not comply with a time limit act within a time period specified in this chapter, the court, while assuring the safety of the juvenile, may grant a continuance under sub. (2), dismiss the petition with or without prejudice, release the juvenile from secure or nonsecure custody or from the terms of a custody order, or grant any other relief that the court considers appropriate.

AB809, s. 32 Section 32. 938.357 (4g) (a) of the statutes is amended to read:

AB809,19,3 938.357 (4g) (a) Not later than 120 days after the date on which the juvenile is placed in a juvenile correctional facility or a secured residential care center for children and youth, or within 30 days after the date on which the department requests the aftercare plan, whichever is earlier, the aftercare provider designated under s. 938.34 (4n) shall prepare an aftercare plan for the juvenile. If the designated aftercare provider is a county department, that county department shall submit the aftercare plan to the department within the applicable time limits period specified in this paragraph, unless the department waives those time limits the time period under par. (b).

AB809, s. 33 Section 33. 938.357 (5) (d) of the statutes is amended to read:

AB809,19,9 938.357 (5) (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 juvenile is taken into custody for an alleged violation of a condition of the juvenile's aftercare supervision. This time limit period may be waived only upon the agreement of the aftercare provider, the juvenile, and the juvenile's counsel.

AB809, s. 34 Section 34. 938.365 (6) of the statutes is amended to read:

AB809,19,20 938.365 (6) Hearings conducted after order terminates. If a request to extend a dispositional order is made prior to the termination of the order, but the court is unable to conduct a hearing on the request prior to the termination date, the court may extend the order for a period of not more than 30 days, not including any period of delay resulting from any of the circumstances under s. 938.315 (1). The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time limit period specified in this subsection. Failure to object if a hearing is not held within the time limit period under this subsection waives that time limit any challenge to the court's competency to act on the request.

AB809, s. 35 Section 35. Initial applicability.

AB809,20,2 (1) Time periods. The treatment of sections 48.24 (5), 48.245 (7), 48.25 (2), 48.315 (1) (intro.) and (2m) (a) (intro.), 1., and 2. and (b), 48.365 (6), 48.375 (7) (a) 3. and (d) (title) and 1m., 48.43 (6) (c) and (6m), 48.63 (1), 938.24 (5), 938.245 (7) (a), 938.25 (2) (title), (a), and (b) and (4), 938.315 (1) (intro.), (2m) (intro.), and (3), 938.357 (4g) (a) and (5) (d), and 938.365 (6) of the statutes first applies to a time period that begins on the effective date of this subsection.

AB809,20,5 (2) Informal dispositions. The treatment of section 48.245 (1), (2) (c), (2r), (4), (5), and (5m) of the statutes first applies to an informal disposition entered into on the effective date of this subsection.

AB809,20,6 (End)