1997 Wisconsin Act 35

35,73 Section 73 . 46.215 (2) (c) 1. of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

46.215 (2) (c) 1. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services to be purchased, except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department of health and family services may review the contracts and approve them if they are consistent with s. 46.036 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in a contract under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), as appropriate, under s. 46.495.

Note: 1995 Wis. Act 27 repealed s. 20.435 (3) (cd) and (oo) effective 7-1-96.

35,74 Section 74 . 46.22 (1) (b) 3. b. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

46.22 (1) (b) 3. b. To make investigations which relate to programs under s. 49.046,1993 stats., upon request by the department of health and family services.

Note: 1995 Wis. Act 27 repealed s. 49.046 effective 1-1-96.

35,75 Section 75 . 46.22 (1) (c) 8. (intro.) of the statutes is amended to read:

46.22 (1) (c) 8. (intro.) To administer child welfare services including services to juveniles who are delinquent and to children who are mentally retarded, dependent, neglected, delinquent, or nonmarital, and to other children who are in need of such services. In administering child welfare services the county department of social services shall be governed by the following:

Note: Replaces “children" with “juveniles" for consistency of references to delinquents with language of ch. 938.

35,76 Section 76 . 46.22 (1) (c) 8. c. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

46.22 (1) (c) 8. c. Upon the request of the judge assigned to exercise jurisdiction under chs. 48 and 938, the county department of social services shall investigate the home environment and other factors in the life of any child brought to the attention of the court for alleged dependency, or neglect, or any juvenile brought to the attention of the court for alleged delinquency, and to assume guidance and supervision of any child juvenile placed on probation by that court.

Note: Replaces “child" with “juvenile" for consistency of references to delinquents with language of ch. 938.

35,77 Section 77 . The amendment of 46.22 (1) (dm) of the statutes by 1995 Wisconsin Act 352 is not repealed by 1995 Wisconsin Act 417. Both amendments stand.

Note: There is no conflict of substance.

35,78 Section 78 . 46.22 (1) (e) 3. a. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.22 (1) (e) 3. a. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services, except under subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and family services may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in the contract that is under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), according to s. 46.495.

Note: 1995 Wis. Act 27 repealed s. 20.435 (3) (cd) and (oo) effective July 1, 1996.

35,79 Section 79 . 46.28 (1) (am) 1. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

46.28 (1) (am) 1. A child juvenile adjudged delinquent for whom a case disposition is made under s. 938.34.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,80 Section 80 . 46.28 (1) (am) 2. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

46.28 (1) (am) 2. A child found to be in need of protection or services for whom an order is made under s. 48.345 or a juvenile found to be in need of protection or services for whom an order is made under s. 938.345.

Note: Inserts reference to “juvenile" for consistency of references with language of ch. 938.

35,81 Section 81 . 46.40 (1) (c) of the statutes, as created by 1995 Wisconsin Act 303, is amended to read:

46.40 (1) (c) The Milwaukee County department of social services shall report to the department in a manner specified by the department on all children under the supervision of the Milwaukee County department of social services who are placed in foster homes and whose foster parents receive funding for child care from the amounts distributed under par. (a) so that the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the amounts expended by the Milwaukee County department of social services for the provision of child care for those children. Notwithstanding s. 46.49, if the department receives any federal moneys under 42 USC 67 670 to 679a in reimbursement of the amounts expended by the Milwaukee County department of social services for the provision of child care for children in foster care in 1996 and 1997, the department shall distribute those federal moneys to the Milwaukee County department of social services for the provision of child care for children in foster care.

Note: Inserts correct cross-reference.

35,82 Section 82 . 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 404, is renumbered 49.131 (2) (a) and amended to read:

49.131 (2) (a) From the appropriation under s. 20.445 (3) (md), distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal year 1996-97 for child day care services under s. 46.98 49.132 (2m) and (3).

Note: 1995 Wis. Act 404 renumbered the remainder of s. 46.979 to be s. 49.131 and renumbered s. 46.98 (2m) and (3) to be s. 49.132 (2m) and (3).

35,83 Section 83 . 46.98 (2) (title) and (a) of the statutes, as affected by 1995 Wisconsin Act 404, are renumbered 49.132 (2) (title) and (a).

Note: 1995 Wis. Act 404 renumbered the remainder of s. 46.98 to be s. 49.132.

35,84 Section 84 . 48.21 (3) (intro.) of the statutes, as affected by 1995 Wisconsin Act 77, is renumbered 48.21 (3) (ag).

Note: Makes a technical correction. This provision is not an introductory paragraph under the current statute numbering system.

35,85 Section 85 . 48.21 (3) (a) of the statutes is renumbered 48.21 (3) (am).

Note: See the previous section of this bill.

35,86 Section 86 . 48.21 (3) (e) of the statutes is amended to read:

48.21 (3) (e) If the parent, guardian or legal custodian or the child is not represented by counsel at the hearing and the child is continued in custody as a result of the hearing, the parent, guardian, legal custodian or child may request through counsel subsequently appointed or retained or through a guardian ad litem that the order to hold the child in custody be reheard. If the request is made, a rehearing shall take place as soon as may be possible. Any order to hold the child in custody shall be subject to rehearing for good cause, whether or not counsel was present.

Note: Deletes unnecessary language.

35,87 Section 87 . 48.243 (2) of the statutes is renumbered 48.243 (4).

Note: Renumbers provision for more logical placement.

35,88 Section 88 . 48.29 (3) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.29 (3) Subsections (1) to and (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.

Note: Inserts correct word.

35,89 Section 89 . 48.297 (3) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.297 (3) Motions to suppress evidence as having been illegally seized or statements as having been illegally obtained shall be made before fact-finding on the issues. The court may entertain the motion at the fact-finding hearing if it appears that a party is surprised by the attempt to introduce such evidence and that party waives jeopardy.

Note: Repeats phrase for better parallel construction.

35,90 Section 90 . The amendment of 48.299 (6) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 275. Both treatments stand.

Note: There is no conflict of substance.

35,91 Section 91 . 48.299 (7) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

48.299 (7) If a man who has been given notice under s. 48.27 (3) (b) 1. appears at any hearing for which he received the notice but does not allege that he is the father of the child and state that he wishes to establish the paternity of the child or if no man to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) for a determination, under s. 767.45, of whether an action should be brought for the purpose of determining the paternity of the child.

Note: 1995 Wis. Act 201 renumbered s. 59.458 (1) to s. 59.53 (6) (a).

35,92 Section 92 . The treatment of 48.31 (4) of the statutes by 1995 Wisconsin Act 275 is not repealed by 1995 Wisconsin Act 448. All treatments stand.

Note: There is no conflict of substance.

35,93 Section 93 . 48.357 (4m) of the statutes, as affected by 1995 Wisconsin Act 77, is repealed.

Note: Section 48.357 (4m) was inadvertently retained by 1995 Wis. Act 77. Section 48.357 (4m) relates to aftercare supervision under s. 48.357 (4), which was repealed by 1995 Wis. Act 77.

35,94 Section 94 . 48.366 (1) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.366 (1) (a) (intro.) Subject to par. (c), if the person committed any crime specified under s. 940.01, 940.02, 940.05, 940.21 or, 940.225 (1) (a) to (c), 948.03 or 948.04, is adjudged delinquent on that basis and is placed in a secured correctional facility under s. 48.34 (4m), 1993 stats., the court shall enter an order extending its jurisdiction as follows:

Note: Section 48.34 (4m) was repealed by 1995 Wis. Act 77.

35,95 Section 95 . 48.38 (6) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, section 9126 (19), is amended to read:

 48.38 (6) Rules. (intro.) The department of health and family services shall promulgate rules establishing the following:

Note: Effective July 1, 1996, s. 48.02 (4) defines “department" to mean the department of health and family services when used in ch. 48.

35,96 Section 96 . 48.396 (2) (dm) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

48.396 (2) (dm) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) or a party to a paternity proceeding under ss. 767.45 to 767.60, the party's attorney or the guardian ad litem for the child who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity under s. 891.405 or 891.41, the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records.

Note: 1995 Wis. Act 201 renumbered s. 59.458 (1) to s. 59.53 (6) (a).

35,97 Section 97 . 48.415 (1) (title) and (a) to (h) of the statutes, as created by 1995 Wisconsin Act 225, are repealed.

Note: The treatment of s. 48.415 by 1995 Wis. Act 275 rendered s. 48.415 (1) (title) and (a) to (h), as created by 1995 Wis. Act 225, surplusage. Confirms the treatment of s. 48.415 by the revisor as shown in the printed statute volumes.

35,98 Section 98 . 48.415 (1) (intro.) and (1m) of the statutes, as affected by 1995 Wisconsin Act 225, are renumbered 48.415 (intro.) and (1).

Note: Reconciles the treatment of s. 48.415 by 1995 Wis. Acts 225 and 275.

35,99 Section 99 . 48.415 (9) (a) of the statutes, as affected by 1995 Wisconsin Act 275, is amended to read:

48.415 (9) (a) Parenthood as a result of sexual assault, which shall be established by proving that the child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2) or 948.025. Conception final as a result of sexual assault as specified in this paragraph may be proved by a final judgment of conviction or other evidence produced at a fact-finding hearing under s. 48.424 indicating that the person who may be the father of the child committed, during a possible time of conception, a sexual assault as specified in this paragraph against the mother of the child.

Note: As the result of an error in engrossing 1995 Wis. Act 275 “final" was inserted in the wrong location.

35,100 Section 100 . 48.42 (4) (c) 3. of the statutes, as affected by 1995 Wisconsin Acts 225 and 275, is amended to read:

48.42 (4) (c) 3. That if the court terminates parental rights, a notice of intent to pursue relief from the judgment must be filed in the trial court within 15 30 days after judgment is entered for the right to pursue such relief to be preserved.

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 225 and 275, adopting the substantive amendment made by Act 275 over the nonsubstantive correction made by Act 225.

35,101 Section 101 . 48.44 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.44 (1) The court has jurisdiction over persons 17 years of age or older as provided under ss. 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.

Note: Adds “years of age" for clarity and consistency with current style.

35,102 Section 102 . 48.45 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 years of age or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.

Note: Adds “years of age" for clarity and consistency with current style.

35,103 Section 103 . 48.45 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.45 (3) If it appears at a court hearing that any person 17 years of age or older has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

Note: Adds “years of age" for clarity and consistency with current style.

35,104 Section 104 . 48.48 (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, sections 2526 and 9126 (19), is amended to read:

48.48 (title) Authority of department of health and family services. (intro.) The department of health and family services shall have authority:

Note: Effective July 1, 1996, s. 48.02 (4) defines “department" to mean the department of health and family services when used in ch. 48.

35,105 Section 105 . 48.55 of the statutes, as affected by 1995 Wisconsin Act 266, is amended to read:

48.55 State adoption information exchange. The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes. The department shall adopt rules governing the adoption information exchange and, from the appropriation under s. 20.435 (6) (3) (dg), may provide not more than $75,000 in each fiscal year as grants to individuals and private agencies for adoption information exchange services.

Note: 1995 Wis. Act 27 renumbered s. 20.435 (6) (dg) to s. 20.435 (3) (dg).