1999 Wisconsin Act 9

9,1123p Section 1123p. 46.995 (1m) of the statutes is created to read:

46.995 (1m) Tribal adolescent services allocations. From the appropriation account under s. 20.435 (3) (km), the department may allocate $172,500 in each fiscal year and, from the appropriation account under s. 20.435 (3) (eg), the department may allocate $7,500 in each fiscal year to provide the grants specified in subs. (2), (3) (b) and (4m) (b).

9,1124 Section 1124. 46.995 (2) (intro.) of the statutes is amended to read:

46.995 (2) Adolescent self-sufficiency services. (intro.) From the appropriation account under s. 20.435 (3) (eg) (ky), the department may allocate $582,100 in each fiscal year to provide a grant annually to a public or private entity or to the elected governing body of a federally recognized American Indian tribe or band to provide services in counties or to a tribe or band for adolescent parents which shall emphasize high school graduation and vocational preparation, training and experience and may be structured so as to strengthen the adolescent parent's capacity to fulfill parental responsibilities by developing social skills and increasing parenting skills. The public or private entity seeking to receive a grant to provide these services shall develop a proposed service plan that is approved by the department. Except with respect to award of a grant to a tribe or band, the department shall rank individual counties and give priority by this ranking for the award of grants under this subsection, based on all of the following factors:

9,1124g Section 1124g. 46.995 (2) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is renumbered 46.995 (2) and amended to read:

46.995 (2) Adolescent self-sufficiency services. From the appropriation account under s. 20.435 (3) (ky), the department may allocate $582,100 in each fiscal year to allocations under sub. (1m), the department may provide a grant annually to a public or private entity or in the amount of $85,000 to the elected governing body of a federally recognized American Indian tribe or band to provide services in counties or to a tribe or band for adolescent parents which shall emphasize high school graduation and vocational preparation, training and experience and may be structured so as to strengthen the adolescent parent's capacity to fulfill parental responsibilities by developing social skills and increasing parenting skills. The public or private entity tribe or band seeking to receive a grant to provide these services shall develop a proposed service plan that is approved by the department. Except with respect to award of a grant to a tribe or band, the department shall rank individual counties and give priority by this ranking for the award of grants under this subsection, based on all of the following factors:

9,1124h Section 1124h. 46.995 (2) (a) of the statutes is repealed.

9,1124i Section 1124i. 46.995 (2) (b) of the statutes is repealed.

9,1124j Section 1124j. 46.995 (2) (c) of the statutes is repealed.

9,1124k Section 1124k. 46.995 (2) (d) of the statutes is repealed.

9,1125 Section 1125. 46.995 (3) of the statutes is amended to read:

46.995 (3) Adolescent pregnancy prevention services. From the appropriation account under s. 20.435 (3) (eg) (ky), the department may allocate $340,000 in each fiscal year to provide a grant annually to a public or private entity or to the elected governing body of a federally recognized American Indian tribe or band to provide to high-risk adolescents pregnancy and parenthood prevention services which shall be structured so as to increase development of decision-making and communications skills, promote graduation from high school and expand career and other options and which may address needs of adolescents with respect to pregnancy prevention. Except with respect to award of a grant to a tribe or band, the department shall rank individual counties and give priority by this ranking for the award of grants under this subsection, based on the factors specified under sub. (2) (a) to (d).

9,1125g Section 1125g. 46.995 (3) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is renumbered 46.995 (3) (b) and amended to read:

46.995 (3) (b) From the appropriation account under s. 20.435 (3) (ky), the department may allocate $340,000 in each fiscal year to allocations under sub. (1m), the department may provide a grant annually to a public or private entity or in the amount of $65,000 to the elected governing body of a federally recognized American Indian tribe or band to provide to high-risk adolescents pregnancy and parenthood prevention services which shall be structured so as to increase development of decision-making and communications skills, promote graduation from high school and expand career and other options and which may address needs of adolescents with respect to pregnancy prevention. Except with respect to award of a grant to a tribe or band, the department shall rank individual counties and give priority by this ranking for the award of grants under this subsection, based on the factors specified under sub. (2) (a) to (d).

9,1125r Section 1125r. 46.995 (4) of the statutes is repealed.

9,1126 Section 1126. 46.996 of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed.

9,1127 Section 1127. 46.996 (intro.) of the statutes is amended to read:

46.996 Adolescent services. (intro.) From the appropriation account under s. 20.435 (3) (eg), the department shall allocate funds in distribute $62,500 and from the appropriation account under s. 20.435 (3) (ky), the department shall distribute $287,500, for the following amounts:

9,1128d Section 1128d. 46.997 (title) of the statutes is renumbered 46.995 (4m) (title).

9,1128g Section 1128g. 46.997 (1) (intro.) of the statutes is renumbered 46.995 (4m) (a) (intro.) and amended to read:

46.995 (4m) (a) (intro.) In this section subsection:

9,1128i Section 1128i. 46.997 (1) (a) of the statutes is renumbered 46.995 (4m) (a) 1.

9,1128k Section 1128k. 46.997 (1) (b) of the statutes is renumbered 46.995 (4m) (a) 2.

9,1128m Section 1128m. 46.997 (1) (c) of the statutes is repealed.

9,1128p Section 1128p. 46.997 (1) (d) of the statutes is repealed.

9,1128r Section 1128r. 46.997 (1) (e) of the statutes is repealed.

9,1128t Section 1128t. 46.997 (1) (f) of the statutes is repealed.

9,1129 Section 1129. 46.997 (2) (intro.) of the statutes is amended to read:

46.997 (2) (intro.) From the appropriation account under s. 20.435 (3) (eg), the department shall allocate not more than $210,000 distribute $52,500 and from the appropriation account under s. 20.435 (3) (ky), the department shall distribute $157,500 in each fiscal year to make grants to applying organizations for the provision, on a regional or tribal project basis, of information to communities in order to increase community knowledge about problems of adolescents and information to and activities for adolescents, particularly female adolescents, in order to enable the adolescents to develop skills with respect to all of the following:

9,1129g Section 1129g. 46.997 (2) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is renumbered 46.995 (4m) (b) (intro.) and amended to read:

46.995 (4m) (b) (intro.) From the appropriation account under s. 20.435 (3) (eg), the department shall distribute $52,500 and from the appropriation account under s. 20.435 (3) (ky), the department shall distribute $157,500 in each fiscal year to make grants to applying organizations allocations under sub. (1m), the department may provide a grant annually in the amount of $30,000 to the elected governing body of a federally recognized American Indian tribe or band for the provision, on a regional or tribal project basis, of information to communities members of the tribe or band in order to increase community knowledge about problems of adolescents and information to and activities for adolescents, particularly female adolescents, in order to enable the adolescents to develop skills with respect to all of the following:

9,1129h Section 1129h. 46.997 (2) (a) of the statutes is renumbered 46.995 (4m) (b) 1.

9,1129i Section 1129i. 46.997 (2) (b) of the statutes is renumbered 46.995 (4m) (b) 2.

9,1129j Section 1129j. 46.997 (2) (c) of the statutes is renumbered 46.995 (4m) (b) 3.

9,1129k Section 1129k. 46.997 (2) (d) of the statutes is renumbered 46.995 (4m) (b) 4.

9,1129m Section 1129m. 46.997 (3) of the statutes is renumbered 46.995 (4m) (c) and amended to read:

46.995 (4m) (c) Each funded regional project under sub. (2) shall provide services in one of 6 regional areas of the state, and each funded tribal project under sub. (2) par. (b) shall provide services in areas of the state as approved by the Indian tribe or band and the department. The department shall determine the boundaries of the regional areas prior to soliciting project grant applications.

9,1129p Section 1129p. 46.997 (4) of the statutes is renumbered 46.995 (4m) (d) and amended to read:

46.995 (4m) (d) Prior to making grants to applying organizations under sub. (2) tribes or bands under par. (b), the department shall consider whether and how the applying organization tribe or band proposes to coordinate its services with other public or private resources, programs or activities in the region and the state.

9,1129r Section 1129r. 46.997 (5) of the statutes is renumbered 46.995 (4m) (e) and amended to read:

46.995 (4m) (e) The department shall work closely with the women's council and the department of public instruction, on a continuing basis, concerning the scope and direction of activities under projects funded by the program under sub. (2) par. (b).

9,1130 Section 1130. 48.02 (6) of the statutes is amended to read:

48.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 children unless all of the children are siblings or, if necessary to enable a sibling group to remain together, for no more than 6 children or, if the department promulgates rules permitting a different number of children, for the number of children permitted under those rules.

9,1130d Section 1130d. 48.02 (17) of the statutes is amended to read:

48.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the department under s. 48.66 (1) (a).

9,1130m Section 1130m. 48.20 (8) of the statutes is amended to read:

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. 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, the right to counsel under s. 48.23 regardless of ability to pay 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 12 years of age or older, 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. When the child is an expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child, through the unborn child's guardian ad litem, shall receive the same notice about the whereabouts of the child expectant mother, about the reasons for holding the child expectant mother in custody and about the detention hearing as the child expectant mother and her parent, guardian or legal custodian. The intake worker shall notify the child expectant mother, her parent, guardian or legal custodian and the unborn child, by the unborn child's guardian ad litem.

9,1130n Section 1130n. 48.207 (1) (a) of the statutes is amended to read:

48.207 (1) (a) The home of a parent or guardian, except that a child may not be held in the home of a parent or guardian if the parent or guardian has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.

9,1130no Section 1130no. 48.207 (1) (b) of the statutes is amended to read:

48.207 (1) (b) The home of a relative, except that a child may not be held in the home of a relative if the relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.

9,1130p Section 1130p. 48.21 (3) (d) of the statutes is amended to read:

48.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to counsel under s. 48.23 regardless of ability to pay, the right to confront and cross-examine witnesses and the right to present witnesses.

9,1130r Section 1130r. 48.23 (2) of the statutes is renumbered 48.23 (2) (a) and amended to read:

48.23 (2) (a) Whenever a child is alleged to be in need of protection or services under s. 48.13 or is the subject of a proceeding involving a contested adoption or the involuntary termination of parental rights, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel. A minor parent petitioning for the voluntary termination of parental rights shall be represented by a guardian ad litem. If a proceeding involves a contested adoption or the involuntary termination of parental rights, any parent 18 years old or older who appears before the court shall be represented by counsel; but the parent may waive counsel provided the court is satisfied such waiver is knowingly and voluntarily made.

9,1130t Section 1130t. 48.23 (2) (b) of the statutes is created to read:

48.23 (2) (b) If a petition under s. 48.13 is contested, no child may be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the child may not be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the hearing at which the placement is made. A parent who is required under this paragraph to be represented by counsel may, however, waive counsel if the court is satisfied that such waiver is knowingly and voluntarily made, and the court may place the child outside the home even though the parent was not represented by counsel.

9,1130v Section 1130v. 48.23 (3) of the statutes is amended to read:

48.23 (3) Power of the court to appoint counsel. Except in proceedings under s. 48.13, at At any time, upon request or on its own motion, the court may appoint counsel for the child or any party, unless the child or the party has or wishes to retain counsel of his or her own choosing. The court may not appoint counsel for any party other than the child in a proceeding under s. 48.13.

9,1130x Section 1130x. 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 child 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 child 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 child 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) or (2m) in which a parent 18 years of age or over or an adult expectant mother is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent or adult expectant mother is unable to afford counsel in full, or the parent or adult expectant mother so indicates; the court shall refer the parent or adult expectant mother 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.

9,1131g Section 1131g. 48.235 (8) (c) 1. of the statutes is amended to read:

48.235 (8) (c) 1. In an uncontested termination of parental rights and adoption proceeding under s. 48.833 (1), the court shall order the agency that placed the child for adoption to pay the compensation of the child's guardian ad litem.

9,1131gm Section 1131gm. 48.27 (4) (a) 2. of the statutes is amended to read:

48.27 (4) (a) 2. Advise the child and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.

9,1131gt Section 1131gt. 48.32 (2) (a) of the statutes is amended to read:

48.32 (2) (a) A consent decree shall remain in effect up to 6 months one year unless the child, parent, guardian, legal custodian or expectant mother is discharged sooner by the judge or juvenile court commissioner.

9,1131h Section 1131h. 48.345 (3) (a) of the statutes is amended to read:

48.345 (3) (a) The home of a parent or other relative of the child, except that the judge may not designate the home of a parent or other relative of the child as the child's placement if the parent or other relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the judge determines by clear and convincing evidence that the placement would be in the best interests of the child. The judge shall consider the wishes of the child in making that determination.

9,1131hd Section 1131hd. 48.345 (3) (b) of the statutes is amended to read:

48.345 (3) (b) A home which need not be The home of a person who is not required to be licensed if placement is for less than 30 days, except that the judge may not designate the home of a person who is not required to be licensed as the child's placement if the person has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the judge determines by clear and convincing evidence that the placement would be in the best interests of the child. The judge shall consider the wishes of the child in making that determination.

9,1131i Section 1131i. 48.355 (3) of the statutes is renumbered 48.355 (3) (a) and amended to read:

48.355 (3) (a) If Except as provided in par. (b), if, after a hearing on the issue with due notice to the parent or guardian, the judge court finds that it would be in the best interest of the child, the judge court may set reasonable rules of parental visitation.

9,1131id Section 1131id. 48.355 (3) (b) of the statutes is created to read:

48.355 (3) (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a parent of a child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

1m. Except as provided in subd. 2., if a parent who is granted visitation rights with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

2. Subdivisions 1. and 1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

9,1131ir Section 1131ir. 48.357 (4d) of the statutes is created to read:

48.357 (4d) (a) Except as provided in par. (b), the court may not change a child's placement to a placement in the home of a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, if the conviction has not been reversed, set aside or vacated.

(am) Except as provided in par (b), if a parent in whose home a child is placed is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall change the child's placement to a placement out of the home of the parent on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

(b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

9,1131k Section 1131k. 48.38 (4) (d) of the statutes is amended to read:

48.38 (4) (d) If the child is living more than 60 miles from his or her home, documentation that placement within 60 miles of the child's home is either unavailable or inappropriate or documentation that placement more than 60 miles from the child's home is in the child's best interests. The placement of a child in a licensed foster home or a licensed treatment foster home more than 60 miles from the child's home is presumed to be in the best interests of the child if documentation is provided which that shows all any of the following:

1. That the placement is made pursuant to a voluntary agreement under s. 48.63 (1).

2. That, that the voluntary agreement provides that the child may be placed more than 60 miles from the child's home.

3. That and that the placement is made to facilitate the anticipated adoptive placement of the child under s. 48.833 (1) or 48.837.

9,1131L Section 1131L. 48.38 (4) (d) 1m. of the statutes is created to read:

48.38 (4) (d) 1m. That the placement is of a child with special needs, as defined by rule promulgated under s. 48.975 (5) (b), that the placement is made to facilitate the anticipated adoptive placement of the child under s. 48.833 (1) and that the department, county department or child welfare agency making the placement has determined under s. 48.833 (3) that consideration of the location of the proposed adoptive parent's residence is not necessary to ensure the best interests of the child in light of the child's need for care or treatment to meet those special needs.

9,1131m Section 1131m. 48.38 (4) (dm) of the statutes is created to read: