1995 Wisconsin Act 77

77,136 Section 136 . 48.23 (1) (am) of the statutes is repealed.

77,137 Section 137 . 48.23 (1) (ar) of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

77,138 Section 138 . 48.23 (2m) of the statutes is repealed.

77,139 Section 139 . 48.23 (4) of the statutes is amended to read:

48.23 (4) Providing counsel. In any situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. If the referral is of a person who has filed a petition under s. 48.375 (7), the state public defender shall appoint counsel within 24 hours after that referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue to represent the child in any appeal brought under s. 809.105 unless the child requests substitution of counsel or extenuating circumstances make it impossible for counsel to continue to represent the child. In any situation under sub. (2) in which a parent 18 years of age or older is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent is unable to afford counsel in full, or the parent so indicates; the court shall refer the parent to the authority for indigency determinations specified under s. 977.07 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named as the respondent in that petition.

77,140 Section 140 . 48.237 of the statutes is repealed.

77,141 Section 141 . 48.24 (1) of the statutes is amended to read:

48.24 (1) Except where a citation has been issued under s. 48.17 (2), information Information indicating that a child should be referred to the court as delinquent, in need of protection or services or in violation of a civil law or a county, town or municipal ordinance shall be referred to the intake worker, who shall conduct an intake inquiry on behalf of the court to determine whether the available facts establish prima facie jurisdiction and to determine the best interests of the child and of the public with regard to any action to be taken.

77,142 Section 142 . 48.24 (2m) (a) 1. of the statutes is repealed.

77,143 Section 143 . 48.24 (2m) (a) 2. of the statutes is amended to read:

48.24 (2m) (a) 2. Any child alleged to be delinquent or in need of protection and services who has at least 2 prior adjudications for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b) or 125.09 (2) or a local ordinance that strictly conforms to any of those sections.

77,144 Section 144 . 48.24 (2m) (a) 3. of the statutes is repealed.

77,145 Section 145 . 48.24 (5) of the statutes is amended to read:

48.24 (5) The intake worker shall recommend that a petition be filed, enter into an informal disposition or close the case within 40 days or sooner of receipt of referral information. If the case is closed or an informal disposition is entered into, the district attorney, corporation counsel or other official under s. 48.09 shall receive written notice of such action. A notice of informal disposition of an alleged delinquency case shall include a summary of facts surrounding the allegation and a list of prior intake referrals and dispositions. If a law enforcement officer has made a recommendation concerning the child, the intake worker shall forward this recommendation to the district attorney, corporation counsel or other official under s. 48.09. With respect to petitioning a child to be in need of protection or services, information received more than 40 days before filing the petition may be included to establish a condition or pattern which, together with information received within the 40-day period, provides a basis for conferring jurisdiction on the court. Notwithstanding the requirements of this section, the district attorney may initiate a delinquency petition under s. 48.25 within 20 days after notice that the case has been closed or that an informal disposition has been made. The judge shall dismiss with prejudice any such petition which is not referred or filed within the time limits specified within this subsection.

77,146 Section 146 . 48.24 (7) of the statutes is repealed.

77,147 Section 147 . 48.243 (1) (intro.) of the statutes is amended to read:

48.243 (1) (intro.) Before conferring with the parent or child during the intake inquiry, the intake worker shall personally inform a child alleged to have committed a delinquent act, and parents and children 12 years of age or older who are the focus of an inquiry regarding the need for protection or services, that the referral may result in a petition to the court and:

77,148 Section 148 . 48.243 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.243 (1) (b) The nature and possible consequences of the proceedings including the provisions of ss. 48.17 and 48.18 if applicable;

77,149 Section 149 . 48.243 (1) (c) of the statutes is amended to read:

48.243 (1) (c) The right to remain silent and the fact that in a delinquency proceeding the silence of the child shall not be adversely considered by the court or jury, although silence of any party may be relevant in any nondelinquency proceeding;

77,150 Section 150 . 48.243 (1) (h) of the statutes is amended to read:

48.243 (1) (h) The right to have the allegations of the petition proved by clear and convincing evidence unless the child comes within the court's jurisdiction under s. 48.12 or 48.13 (12), in which case the standard of proof shall be beyond a reasonable doubt.

77,151 Section 151 . 48.243 (1m) of the statutes is repealed.

77,152 Section 152 . 48.245 (1) of the statutes is amended to read:

48.245 (1) The intake worker may enter into a written agreement with all parties which imposes informal disposition under this section if the intake worker has determined that neither the interests of the child nor of the public require filing of a petition for circumstances relating to ss. 48.12 48.13 to 48.14. Informal disposition shall be available only if the facts persuade the intake worker that the jurisdiction of the court, if sought, would exist and upon consent of the child, parent, guardian and legal custodian.

77,153 Section 153 . 48.245 (2) (a) 5. of the statutes is repealed.

77,154 Section 154 . 48.245 (2) (a) 6. of the statutes is repealed.

77,155 Section 155 . 48.245 (2) (a) 7. of the statutes is repealed.

77,156 Section 156 . 48.245 (2) (b) of the statutes is amended to read:

48.245 (2) (b) Informal disposition may not include any form of residential placement and may not exceed 6 months, except as provided under sub. (2m).

77,157 Section 157 . 48.245 (2g) of the statutes, as created by 1995 Wisconsin Act 24, is repealed.

77,158 Section 158 . 48.245 (2m) of the statutes is repealed.

77,159 Section 159. 48.245 (6) of the statutes is repealed.

77,160 Section 160 . 48.245 (7) of the statutes is amended to read:

48.245 (7) If at any time during the period of informal disposition the intake worker determines that the obligations imposed under it are not being met, the intake worker may cancel the informal disposition. Within 10 days after the cancellation of the informal disposition, the intake worker shall notify the district attorney, corporation counsel or other official under s. 48.09 of the cancellation and recommend whether or not a petition should 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 recommended that a petition be filed. The judge shall dismiss with prejudice any petition which is not filed within the time limit specified in this subsection.

77,161 Section 161 . 48.245 (8) of the statutes is amended to read:

48.245 (8) If the obligations imposed under the informal disposition are met, the intake worker shall so inform the child and a parent, guardian and legal custodian in writing, and no petition may be filed or citation issued on the charges that brought about the informal disposition nor may the charges be the sole basis for a petition under ss. 48.13 to 48.14.

77,162 Section 162 . 48.25 (1) of the statutes is amended to read:

48.25 (1) A petition initiating proceedings under this chapter shall be signed by a person who has knowledge of the facts alleged or is informed of them and believes them to be true. If a petition under s. 48.12 is to be filed, it shall be prepared, signed and filed by the district attorney. The district attorney, city attorney or corporation counsel or other appropriate official specified under s. 48.09 may file the petition if the proceeding is under s. 48.125 or 48.13. The counsel or guardian ad litem for a parent, relative, guardian or child may file a petition under s. 48.13 or 48.14. The district attorney, corporation counsel or other appropriate person designated by the court may initiate proceedings under s. 48.14 in a manner specified by the court.

77,163 Section 163 . 48.25 (2) (a) of the statutes is renumbered 48.25 (2) and amended to read:

48.25 (2) If the proceeding is brought under s. 48.12, 48.125 or 48.13, the district attorney, corporation counsel or other appropriate official shall file the petition, close the case, or refer the case back to intake within 20 days after the date that the intake worker's recommendation was filed. A referral back to intake 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 an informal disposition within 20 days. If the case is referred back to intake for further investigation, the appropriate agency or person shall complete the investigation within 20 days. If another referral is made to the district attorney, corporation counsel or other appropriate official, it shall be considered a new referral to which the time limits of this subsection shall apply. The time limits in this subsection may only be extended by a judge upon a showing of good cause under s. 48.315. If a petition is not filed within the time limitations set forth in this subsection and the court has not granted an extension, the petition shall be accompanied by a statement of reasons for the delay. The court shall dismiss with prejudice a petition which was not timely filed unless the court finds at the plea hearing that good cause has been shown for failure to meet the time limitations.

77,164 Section 164 . 48.25 (2) (b) of the statutes is repealed.

77,165 Section 165 . 48.25 (3) of the statutes is amended to read:

48.25 (3) If the district attorney, city attorney or corporation counsel or other appropriate official specified in s. 48.09 refuses to file a petition, any person may request the judge to order that the petition be filed and a hearing shall be held on the request. The judge may order the filing of the petition on his or her own motion. The matter may not be heard by the judge who orders the filing of a petition.

77,166 Section 166 . 48.25 (4) of the statutes is repealed.

77,167 Section 167 . 48.25 (5) of the statutes is repealed.

77,168 Section 168 . 48.255 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.255 (1) (intro.) A petition initiating proceedings under this chapter other than a petition initiating proceedings under s. 48.12 or 48.13 (12), shall be entitled, “In the interest of (child's name), a person under the age of 18". A petition initiating proceedings under s. 48.12 or 48.13 (12) shall be entitled, “In the interest of (child's name), a person under the age of 17". A petition initiating proceedings under this chapter and shall set forth with specificity:

77,169 Section 169 . 48.255 (1) (d) of the statutes is repealed.

77,170 Section 170 . 48.255 (1) (e) of the statutes is amended to read:

48.255 (1) (e) If the child is alleged to come within the provisions of s. 48.13 (1) to (11) or 48.14, reliable and credible information which forms the basis of the allegations necessary to invoke the jurisdiction of the court and to provide reasonable notice of the conduct or circumstances to be considered by the court together with a statement that the child is in need of supervision, services, care or rehabilitation.

77,171 Section 171 . 48.255 (3) of the statutes is amended to read:

48.255 (3) If the information required under sub. (1) (d) or (e) is not stated the petition shall be dismissed or amended under s. 48.263 (2).

77,172 Section 172. 48.255 (4) of the statutes is amended to read:

48.255 (4) A copy of the petition shall be given to the child if the child is 12 years of age or older or alleged to have committed a delinquent act and to the parents, guardian, legal custodian and physical custodian.

77,173 Section 173 . 48.263 (2) of the statutes is amended to read:

48.263 (2) With reasonable notification to the interested parties and prior to the taking of a plea under s. 48.30, the petition may be amended at the discretion of the court or person who filed the petition. After the taking of a plea, if the child is alleged to be delinquent, the court may allow amendment of the petition to conform to the proof if the amendment is not prejudicial to the child. If the child is alleged to be in need of protection or services, the petition may be amended provided any objecting party is allowed a continuance for a reasonable time.

77,174 Section 174 . 48.27 (1) of the statutes is amended to read:

48.27 (1) After a citation is issued or a petition has been filed relating to facts concerning a situation specified under ss. 48.12, 48.125 and 48.13, unless the parties under sub. (3) voluntarily appear, the court may issue a summons requiring the person who has legal custody of the child to appear personally, and, if the court so orders, to bring the child before the court at a time and place stated.

77,175 Section 175 . 48.27 (4m) of the statutes is repealed.

77,176 Section 176 . 48.27 (7) of the statutes is repealed.

77,177 Section 177 . 48.27 (8) of the statutes is amended to read:

48.27 (8) When a petition is filed under s. 48.12 or 48.13, the court shall notify, in writing, the child's parents or guardian that they may be ordered to reimburse this state or the county for the costs of legal counsel provided for the child, as provided under s. 48.275 (2).

77,178 Section 178 . 48.273 (1) of the statutes is amended to read:

48.273 (1) Service of summons or notice required by s. 48.27 may be made by mailing a copy thereof to the persons summoned or notified. If the persons, other than a person specified in s. 48.27 (4m), fail to appear at the hearing or otherwise to acknowledge service, a continuance shall be granted, except where the court determines otherwise because the child is in secure custody, and service shall be made personally by delivering to the persons a copy of the summons or notice; except that if the court is satisfied that it is impracticable to serve the summons or notice personally, it may make an order providing for the service of the summons or notice by certified mail addressed to the last-known addresses of the persons. The court may refuse to grant a continuance when the child is being held in secure custody, but in such a case the court shall order that service of notice of the next hearing be made personally or by certified mail to the last-known address of the person who failed to appear at the hearing. Personal service shall be made at least 72 hours before the time of the hearing. Mail shall be sent at least 7 days before the time of the hearing, except where the petition is filed under s. 48.13 and the person to be notified lives outside the state, in which case the mail shall be sent at least 14 days before the time of the hearing.

77,179 Section 179 . 48.273 (3) of the statutes is amended to read:

48.273 (3) The expenses of service of summons or notice or of the publication of summons or notice and the traveling expenses and fees as allowed in ch. 885 incurred by any person summoned or required to appear at the hearing of any case coming within the jurisdiction of the court under ss. 48.12 48.13 to 48.14, shall be a charge on the county when approved by the court.

77,180 Section 180 . 48.275 (1) of the statutes is amended to read:

48.275 (1) If the court finds a child to be delinquent under s. 48.12, in violation of a civil law or ordinance under s. 48.125 or in need of protection or services under s. 48.13, the court shall order the parents of the child to contribute toward the expense of post-adjudication services to the child the proportion of the total amount which the court finds the parents are able to pay.

77,181 Section 181 . 48.275 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.275 (2) (a) If this state or a county provides legal counsel to a child subject to a proceeding under s. 48.12 or 48.13, the court shall order the child's parent to reimburse the state or county in accordance with par. (b) or (c). The court may not order reimbursement if a parent is the complaining or petitioning party or if the court finds that the interests of the parent and the interests of the child in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent. The court may not order reimbursement until the completion of the proceeding or until the state or county is no longer providing the child with legal counsel in the proceeding.

77,182 Section 182 . 48.275 (3) of the statutes is repealed and recreated to read:

48.275 (3) This section does not apply to any proceedings under s. 48.375 (7).

77,183 Section 183 . 48.29 (1) of the statutes is amended to read:

48.29 (1) Except as provided in sub. (1g), the The child, or the child's parent, guardian or legal custodian, either before or during the plea hearing, may file a written request with the clerk of the court or other person acting as the clerk for a substitution of the judge assigned to the proceeding. Upon filing the written request, the filing party shall immediately mail or deliver a copy of the request to the judge named therein. In a proceeding under s. 48.12 or 48.13 (12), only the child may request a substitution of the judge. Whenever any person has the right to request a substitution of judge, that person's counsel or guardian ad litem may file the request. Not more than one such written request may be filed in any one proceeding, nor may any single request name more than one judge. This section shall not apply to proceedings under s. 48.21.

77,184 Section 184 . 48.29 (1g) of the statutes is repealed.

77,185 Section 185 . 48.29 (1m) of the statutes is amended to read:

48.29 (1m) When the clerk receives a request for substitution, the clerk shall immediately contact the judge whose substitution has been requested for a determination of whether the request was made timely and in proper form. Except as provided in sub. (2), if If the request is found to be timely and in proper form, the judge named in the request has no further jurisdiction and the clerk shall request the assignment of another judge under s. 751.03. If no determination is made within 7 days, the clerk shall refer the matter to the chief judge of the judicial administrative district for determination of whether the request was made timely and in proper form and reassignment as necessary.

77,186 Section 186 . 48.29 (2) of the statutes is repealed.

77,187 Section 187 . 48.29 (3) of the statutes is amended to read:

48.29 (3) Subsections (1) to (2) (1m) do not apply in any proceeding under s. 48.375 (7). For proceedings under s. 48.375 (7), the minor may select the judge whom she wishes to be assigned to the proceeding and that judge shall be assigned to the proceeding.

77,188 Section 188 . 48.293 (1) of the statutes is amended to read:

48.293 (1) Copies of all peace law enforcement officer reports, including but not limited to the officer's memorandum and witnesses' statements, shall be made available upon request to counsel or guardian ad litem prior to a plea hearing. The reports shall be available through the representative of the public designated under s. 48.09. The child, through counsel or guardian ad litem, is the only party who shall have access to the reports in proceedings under ss. 48.12, 48.125 and 48.13 (12). The identity of a confidential informant may be withheld pursuant to s. 905.10.

77,189 Section 189 . 48.293 (2) of the statutes is amended to read:

48.293 (2) All records relating to a child which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with permission of the court. The court may instruct counsel not to disclose specified items in the materials to the child or the parent if the court reasonably believes that the disclosure would be harmful to the interests of the child. Sections 971.23 to 971.25 and 972.11 (5) shall be applicable in all delinquency proceedings under this chapter except the court shall establish the timetable for ss. 971.23 (3), (8) and (9) and 972.11 (5).

77,190 Section 190 . 48.295 (1c) (intro.) and (a) of the statutes are consolidated, renumbered 48.295 (1c) and amended to read:

48.295 (1c) Reasonable cause is considered to exist to warrant an alcohol and other drug abuse assessment under sub. (1) if any of the following applies: (a) The the multidisciplinary screen procedure conducted under s. 48.24 (2) indicates that the child is at risk of having needs and problems related to alcohol or other drug abuse.

77,191 Section 191 . 48.295 (1c) (b) of the statutes is repealed.