LRB-1747/2
GMM:wlj:nwn
2007 - 2008 LEGISLATURE
May 29, 2007 - Introduced by Representative Albers, cosponsored by Senator
Schultz. Referred to Committee on Children and Family Law.
AB361,1,5
1An Act to amend 48.977 (2) (a) and 48.977 (4) (b) 3.; and
to create 48.13 (4m)
2of the statutes;
relating to: child in need of protection or services, jurisdiction
3over a child whose guardian is unable or needs assistance to care for or provide
4necessary special treatment or care for the child, but is unwilling or unable to
5sign a petition requesting that jurisdiction.
Analysis by the Legislative Reference Bureau
Under current law, the court assigned to exercise jurisdiction under the
Children's Code (juvenile court) has exclusive original jurisdiction over a child
alleged to be in need of protection or services that can be ordered by the juvenile court
and who meets certain grounds, such as the child's parent or guardian is unable or
needs assistance to care for or provide necessary special treatment or care for the
child and signs a petition requesting the juvenile court to exercise jurisdiction over
the child (CHIPS jurisdiction). Current law defines "special treatment or care" as
professional services that need to be provided to a child or his or her family to protect
the well-being of the child, prevent the placement of the child outside the home, or
meet the special needs of the child. Currently, the district attorney, corporation
counsel, or counsel or guardian ad litem for a parent, relative, guardian, or the child
may file a petition alleging that the child is subject to CHIPS jurisdiction.
This bill grants to the juvenile court CHIPS jurisdiction over a child whose
guardian is unable or needs assistance to care for or provide necessary special
treatment or care for the child, but is unwilling or unable to sign the petition
requesting that jurisdiction.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB361, s. 1
1Section
1. 48.13 (4m) of the statutes is created to read:
AB361,2,42
48.13
(4m) Whose guardian is unable or needs assistance to care for or provide
3necessary special treatment or care for the child, but is unwilling or unable to sign
4the petition requesting jurisdiction under this subsection;
AB361, s. 2
5Section
2. 48.977 (2) (a) of the statutes is amended to read:
AB361,2,126
48.977
(2) (a) That the child has been adjudged to be in need of protection or
7services under s. 48.13 (1), (2), (3), (3m), (4),
(4m), (5), (8), (9), (10), (10m), (11), or
8(11m) or 938.13 (4) and been placed, or continued in a placement, outside of his or her
9home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365,
10938.345, 938.357, 938.363, or 938.365 or that the child has been so adjudged and
11placement of the child in the home of a guardian under this section has been
12recommended under s. 48.33 (1) or 938.33 (1).
AB361, s. 3
13Section
3. 48.977 (4) (b) 3. of the statutes is amended to read:
AB361,2,2014
48.977
(4) (b) 3. The date on which the child was adjudged in need of protection
15or services under s. 48.13 (1), (2), (3), (3m), (4),
(4m), (5), (8), (9), (10), (10m), (11), or
16(11m) or 938.13 (4) and the dates on which the child has been placed, or continued
17in a placement, outside of his or her home pursuant to one or more court orders under
18s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or, if the child
19has been so adjudged, but not so placed, the date of the report under s. 48.33 (1) or
20938.33 (1) in which placement of the child in the home of the person is recommended.
AB361,3,4
1(1)
Child in need of protection or services; failure of guardian to sign
2petition. This act first applies to a child who meets the conditions specified in section
348.13 (4m) of the statutes, as created by this act, on the effective date of this
4subsection.
