AB632: Bill Text

1. Temporary physical custody of a child. Requires the next of kin of a parental homicide victim to be notified when a child of that homicide victim is taken into custody and, if the child is held in custody, to be notified of the time and place of the temporary physical custody hearing for the child, the nature and possible consequences of the hearing, and the right to present and cross examine witnesses at the hearing.

2. Intake inquiry and informal disposition. Requires the next of kin of a parental homicide victim to be notified of intake conferences conducted as part of the intake inquiry conducted by the intake worker of the juvenile court when a child of that homicide victim is referred to the juvenile court as being in need of protection or services. The bill also requires the consent of the next of kin of a parental homicide victim to an agreement that imposes an informal disposition when the intake worker determines that the filing of a child in need of protection or services (CHIPS) petition is not required and permits the next of kin of a parental homicide victim to terminate, or object to an extension of, an informal disposition.

3. CHIPS proceedings. Requires the next of kin of a parental homicide victim to be provided with a copy of the petition initiating a CHIPS proceeding concerning a child of that homicide victim, to receive notice of all hearings in such a CHIPS proceeding, and to receive a copy of the dispositional order in such a CHIPS proceeding. The bill also grants to the next of kin of a parental homicide victim the right to request a substitution of the judge and a jury trial, to object to a public hearing, and to object to a physical, psychological, mental, or developmental examination of the child or to an alcohol and other drug abuse assessment of the child in such a CHIPS proceeding. In addition, the bill requires the agreement of the next of kin of a parental homicide victim to a consent decree suspending such a CHIPS proceeding and placing the child under supervision and permits the next of kin of a parental homicide victim to object to an extension of such a consent decree.

4. Post-dispositional proceedings. Permits the next of kin of a parental homicide victim to request a change in the placement of a child of that homicide victim who is the subject of a CHIPS order or a revision or extension of a CHIPS order concerning that child. The bill also requires the next of kin of a parental homicide victim to receive notice of a proposed change in placement of such a child or a proposed revision or extension of such an order and permits the next of kin of a parental homicide victim to object to such a proposal.

5. Permanency planning. Requires the next of kin of a parental homicide victim to receive notice of permanency plan reviews and hearings concerning a child of that homicide victim who is placed outside the home, to receive a copy of the child's permanency plan before the review or hearing, and to receive a copy of the determinations made at the review or hearing. The bill also grants the next of kin of a parental homicide victim the right to be heard at a permanency plan review or hearing by submitting written comments before the review or hearing or by participating at the review or hearing. Under current law, a permanency plan is a plan designed to ensure that a child is reunified with his or her family whenever appropriate or that the child quickly attains a placement providing long-term stability.

6. Other proceedings under the Children's Code. Requires the next of kin of a parental homicide victim to receive notice of termination of parental rights and guardianship proceedings concerning a child of that homicide victim and permits the next of kin of a parental homicide victim to file a petition for the guardianship of such a child.

7. Rehearings. Permits the next of kin of a parental homicide victim to petition the juvenile court for a rehearing on a juvenile court order determining the status of a child of that homicide victim on the grounds of newly discovered evidence. Under current law, those petitions generally must be filed within one year after the date of the order.

8. Records. Permits the next of kin of a parental homicide victim to request access to law enforcement agency, juvenile court, and social services agency records concerning a child of that homicide victim and to authorize disclosure of those records to a person named by that relative. The bill also permits child abuse and neglect reports and records concerning a child of that homicide victim to be disclosed to the next of kin of a parental homicide victim without revealing the identity of the reporter of the child abuse or neglect. Under current law, law enforcement agency, juvenile court, social services agency, and child abuse and neglect records concerning a child generally are confidential.

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:

AB632, s. 1 Section 1. 48.02 (12j) of the statutes is created to read:

AB632,4,8 48.02 (12j) "Next of kin of a parental homicide victim" means, in a case in which a parent has been convicted under s. 940.01, 940.02, 940.05, 940.06, 940.07, 940.08, 940.09, or 940.10 or under any comparable federal law or law of another state of the homicide of the child's other parent and in which a family member of the parent who is the victim of that homicide is not the guardian, legal custodian, or Indian custodian of the child, the next of kin of the parent who is the victim of that homicide, as determined by the court in the following order of priority:

AB632,4,10 (a) The spouse or domestic partner under ch. 770 of the parent who is the victim of that homicide, unless the spouse or domestic partner committed that homicide.

AB632,4,14 (b) If the parent who is the victim of that homicide does not have a spouse or domestic partner described in par. (a), the adult child of that parent whom the court determines is best able to represent the interests of the family of that parent in a proceeding under this chapter.

AB632,5,2 (c) If the parent who is the victim of that homicide does not have a spouse or domestic partner described in par. (a) or an adult child, the parent of that parent whom the court determines is best able to represent the interests of the family of that parent in a proceeding under this chapter.

AB632,5,6 (d) If the parent who is the victim of that homicide does not have a spouse or domestic partner described in par. (a), an adult child, or a parent, the adult sibling of that parent whom the court determines is best able to represent the interests of the family of that parent in a proceeding under this chapter.

AB632,5,10 (e) If the parent who is the victim of that homicide does not have a spouse or domestic partner described in par. (a), an adult child, a parent, or an adult sibling, the grandparent of that parent whom the court determines is best able to represent the interests of the family of that parent in a proceeding under this chapter.

AB632,5,15 (f) If the parent who is the victim of that homicide does not have a spouse or domestic partner described in par. (a), an adult child, a parent, an adult sibling, or a grandparent, the adult relative of that parent in the next degree of kinship, as specified in s. 990.001 (16), whom the court determines is best able to represent the interests of the family of that parent in a proceeding under this chapter.

AB632, s. 2 Section 2. 48.19 (2) of the statutes is amended to read:

AB632,6,2 48.19 (2) When a child is taken into physical custody under this section, the person taking the child into custody shall immediately attempt to notify the parent, guardian, legal custodian, and Indian custodian of the child and the next of kin of a parental homicide victim by the most practical means. The person taking the child into custody shall continue such attempt until the parent, guardian, legal custodian, and Indian custodian of the child those individuals are notified, or the child is delivered to an intake worker under s. 48.20 (3), whichever occurs first. If the child is delivered to the intake worker before the parent, guardian, legal custodian, and Indian custodian those individuals are notified, the intake worker, or another person at his or her direction, shall continue the attempt to notify until the parent, guardian, legal custodian, and Indian custodian of the child those individuals are notified.

AB632, s. 3 Section 3. 48.20 (3) of the statutes is amended to read:

AB632,6,15 48.20 (3) If the child is released under sub. (2) (b) to (d), the person who took the child into custody shall immediately notify the child's parent, guardian, legal custodian, and Indian custodian and the next of kin of a parental homicide victim of the time and circumstances of the release and the person, if any, to whom the child was released. If the child is not released under sub. (2), the person who took the child into custody shall arrange in a manner determined by the court and law enforcement agencies for the child to be interviewed by the intake worker under s. 48.067 (2). The person who took the child into custody shall make a statement in writing with supporting facts of the reasons why the child was taken into physical custody and shall give a copy of the statement to the intake worker and to any child 12 years of age or older. If the intake interview is not done in person, the report may be read to the intake worker.

AB632, s. 4 Section 4. 48.20 (7) (d) of the statutes is amended to read:

AB632,6,20 48.20 (7) (d) If the child is released from custody, the intake worker shall immediately notify the child's parent, guardian, legal custodian, and Indian custodian and the next of kin of a parental homicide victim of the time and circumstances of the release and the person, if any, to whom the child was released.

AB632, s. 5 Section 5. 48.20 (8) (a) of the statutes is amended to read:

AB632,7,14 48.20 (8) (a) If a child is held in custody, the intake worker shall notify the child's parent, guardian, legal custodian, and Indian custodian and the next of kin of a parental homicide victim 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, legal custodian, and Indian custodian An individual so notified 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 present and cross-examine witnesses at the hearing, and, in the case of a parent or Indian custodian of an Indian child who is the subject of an Indian child custody proceeding, as defined in s. 48.028 (2) (d) 2., the right to counsel under s. 48.028 (4) (b). If the parent, guardian, legal custodian, or Indian custodian, or next of kin of a parental homicide victim 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, legal custodian, or Indian custodian, and the next of kin of a parental homicide victim. The intake worker shall notify both the child and , the child's parent, guardian, legal custodian, or and Indian custodian, and the next of kin of a parental homicide victim.

AB632, s. 6 Section 6. 48.21 (3) (am) of the statutes is amended to read:

AB632,7,20 48.21 (3) (am) The parent, guardian, legal custodian, or Indian custodian, or next of kin of a parental homicide victim may waive his or her right to participate in the hearing under this section. After any waiver, a rehearing shall be granted at the request of the parent, guardian, legal custodian, Indian custodian, next of kin of a parental homicide victim, or any other interested party for good cause shown.

AB632, s. 7 Section 7. 48.21 (3) (b) of the statutes is amended to read:

AB632,8,7 48.21 (3) (b) If present at the hearing, a copy of the petition or request shall be given to the parent, guardian, legal custodian, or Indian custodian, or next of kin of a parental homicide victim, and to the child if he or she is 12 years of age or older, before the hearing begins. If the child is an expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., a copy of the petition shall also be given to the unborn child, through the unborn child's guardian ad litem, before the hearing begins. Prior notice of the hearing shall be given to the child's parent, guardian, legal custodian, and Indian custodian, to the next of kin of a parental homicide victim, to the child if he or she is 12 years of age or older and, if the child is an expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., to the unborn child, through the unborn child's guardian ad litem, under s. 48.20 (8).

AB632, s. 8 Section 8. 48.21 (3) (d) of the statutes is amended to read:

AB632,8,16 48.21 (3) (d) Prior to the commencement of the hearing, the court shall inform the parent, guardian, legal custodian, or Indian custodian, or next of kin of a parental homicide victim 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 present, confront, and cross-examine witnesses, and, in the case of a parent or Indian custodian of an Indian child who is the subject of an Indian child custody proceeding under s. 48.028 (2) (d) 2., the right to counsel under s. 48.028 (4) (b).

AB632, s. 9 Section 9. 48.21 (3) (e) of the statutes is amended to read:

AB632,8,25 48.21 (3) (e) If the parent, guardian, legal custodian, Indian custodian, next of kin of a parental homicide victim, or 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, Indian custodian, or child that individual 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 possible. An order to hold the child in custody shall be reheard for good cause, whether or not counsel was present.

AB632, s. 10 Section 10. 48.24 (1m) of the statutes is amended to read:

AB632,9,6 48.24 (1m) As part of the intake inquiry, the intake worker shall inform the child and, the child's parent, guardian , and legal custodian, and the next of kin of a parental homicide victim that they, or the adult expectant mother of an unborn child that she, may request counseling from a person designated by the court to provide dispositional services under s. 48.069.

AB632, s. 11 Section 11. 48.24 (2) (a) of the statutes is amended to read:

AB632,9,13 48.24 (2) (a) As part of the intake inquiry the intake worker may conduct multidisciplinary screens and intake conferences with notice to the child, parent, guardian and, legal custodian, and next of kin of a parental homicide victim or to the adult expectant mother of the unborn child. If sub. (2m) applies, the intake worker shall conduct a multidisciplinary screen under s. 48.547 if the child or expectant mother has not refused to participate under par. (b).

AB632, s. 12 Section 12. 48.243 (1) (intro.) of the statutes is amended to read:

AB632,9,21 48.243 (1) (intro.) Before conferring with the parent, next of kin of a parental homicide victim, expectant mother, or child during the intake inquiry, the intake worker shall personally inform parents, expectant mothers and children 12 years of age or older who are the focus of an inquiry regarding the need for protection or services the parent, next of kin of a parental homicide victim, expectant mother, and child, if 12 years of age or over, that the referral may result in a petition to the court and of all of the following:

AB632, s. 13 Section 13. 48.243 (3) of the statutes is amended to read:

AB632,9,25 48.243 (3) If the child or expectant mother has not had a hearing under s. 48.21 or 48.213 and was not present at an intake conference under s. 48.24, the intake worker shall inform the child, parent, guardian and, legal custodian, and next of kin of a parental homicide victim, or expectant mother, as appropriate, of the basic rights provided under this section. The notice shall be given verbally, either in person or by telephone, and in writing. This notice shall be given so as to allow the child, parent, guardian, legal custodian, next of kin of a parental homicide victim, or adult expectant mother sufficient time to prepare for the plea hearing. This subsection does not apply to cases of informal disposition under s. 48.245.

AB632, s. 14 Section 14. 48.245 (1) (c) of the statutes is amended to read:

AB632,10,11 48.245 (1) (c) The child, if 12 years of age or over, and the child's parent, guardian, and legal custodian, and the next of kin of a parental homicide victim; the parent, guardian, and legal custodian of the child expectant mother and the child expectant mother, if 12 years of age or over; or the adult expectant mother, consent.

AB632, s. 15 Section 15. 48.245 (2r) of the statutes is amended to read:

AB632,11,3 48.245 (2r) The intake worker may, after giving written notice to the child, the child's parent, guardian, and legal custodian, and the next of kin of a parental homicide victim, and their counsel, if any, or after giving written notice to the child expectant mother, her parent, guardian, and legal custodian, and their counsel, if any, or after giving written notice to the adult expectant mother and her counsel, if any, extend the informal disposition for up to an additional 6 months unless the parent, guardian, or legal custodian, the child or child expectant mother, if 12 years of age or over, or the adult expectant mother any of those individuals objects to the extension. If the parent, guardian, or legal custodian, the child or child expectant mother, if 12 years of age or over, or the adult expectant mother any of those individuals objects to the extension, the intake worker may request the district attorney or corporation counsel to file a petition under s. 48.13 or 48.133. An extension under this subsection may be granted only once for any informal disposition. An extension under this subsection of an informal disposition relating to an unborn child who is alleged to be in need of protection or services may be granted after the child is born.

AB632, s. 16 Section 16. 48.245 (3) of the statutes is amended to read:

AB632,11,11 48.245 (3) The obligations imposed under an informal disposition and its effective date shall be set forth in writing. The child and a , the child's parent, guardian, and legal custodian, and the next of kin of a parental homicide victim, or the child expectant mother, her parent, guardian, and legal custodian and the unborn child by the unborn child's guardian ad litem, or the adult expectant mother and the unborn child by the unborn child's guardian ad litem, shall receive a copy, as shall any agency providing services under the agreement.

AB632, s. 17 Section 17. 48.245 (4) of the statutes is amended to read:

AB632,11,22 48.245 (4) The intake worker shall inform the child, if 12 years of age or over, and the child's parent, guardian, and legal custodian, and the next of kin of a parental homicide victim, or the child expectant mother, if 12 years of age or over, and her parent, guardian, and legal custodian, or the adult expectant mother in writing of their right to terminate the informal disposition at any time or object at any time to the fact or terms of the informal disposition. If there is an objection, the intake worker may alter the terms of the agreement or request the district attorney or corporation counsel to file a petition. If the informal disposition is terminated, the intake worker may request the district attorney or corporation counsel to file a petition.

AB632, s. 18 Section 18. 48.245 (5) of the statutes is amended to read:

AB632,12,3 48.245 (5) Informal disposition shall be terminated upon the request of the child, if 12 years of age or over, or the child's parent, guardian, or legal custodian, or the next of kin of a parental homicide victim, upon request of the child expectant mother, if 12 years of age or over, or her parent, guardian, or legal custodian, or upon the request of the adult expectant mother.

AB632, s. 19 Section 19. 48.245 (8) of the statutes is amended to read:

AB632,12,12 48.245 (8) If the obligations imposed under the informal disposition are met, the intake worker shall so inform the child and a , the child's parent, guardian and legal custodian, and the next of kin of a parental homicide victim, or the child expectant mother, her parent, guardian, and legal custodian and the unborn child by the unborn child's guardian ad litem, or the adult expectant mother and the unborn child by the unborn child's guardian ad litem, in writing, and no petition may be filed 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.

AB632, s. 20 Section 20. 48.255 (1) (b) of the statutes is amended to read:

AB632,12,17 48.255 (1) (b) The names and addresses of the child's parent, guardian, legal custodian or, and spouse, if any, and the name and address of the next of kin of a parental homicide victim; or if no such person can be identified, the name and address of the nearest relative.

AB632, s. 21 Section 21. 48.255 (4) of the statutes is amended to read:

AB632,13,5 48.255 (4) A copy of a petition under sub. (1) shall be given to the child if the child is 12 years of age or over and to the parents, guardian, legal custodian and, physical custodian, and next of kin of a parental homicide victim. A copy of a petition under sub. (1m) shall be given to the child expectant mother, if 12 years of age or over, her parents, guardian, legal custodian and physical custodian and the unborn child by the unborn child's guardian ad litem or to the adult expectant mother, the unborn child through the unborn child's guardian ad litem and the physical custodian of the expectant mother, if any. If the child is an Indian child who has been removed from the home of his or her parent or Indian custodian or the unborn child will be an Indian child when born, a copy of a petition under sub. (1) or (1m) shall also be given to the Indian child's Indian custodian and tribe or the Indian tribe with which the unborn child may be eligible for affiliation when born.

AB632, s. 22 Section 22. 48.27 (3) (a) 1. of the statutes is renumbered 48.27 (3) (a) 1. a. and amended to read:

AB632,13,16 48.27 (3) (a) 1. a. If the petition that was filed relates to facts concerning a situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother who is a child, the court shall notify, under s. 48.273, the child, any parent, guardian, and legal custodian of the child, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the unborn child by the unborn child's guardian ad litem, if applicable, the next of kin of a parental homicide victim, the court-appointed special advocate for the child, and any person specified in par. (b), or (d), or (e), if applicable, of all hearings involving the child except hearings on motions for which notice must be provided only to the child and his or her counsel.

AB632,13,24 c. If parents who are entitled to notice under subd. 1. a. or b. have the same place of residence, notice to one constitutes notice to the other. The first notice under subd. 1. a. or b. to any interested party, foster parent, or other physical custodian described in s. 48.62 (2) shall be in writing and may have a copy of the petition attached to it. Notices of subsequent hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.

AB632, s. 23 Section 23. 48.27 (3) (a) 1. b. of the statutes is created to read:

AB632,14,8 48.27 (3) (a) 1. b. If the petition that was filed relates to facts concerning a situation under s. 48.133 involving an expectant mother who is a child, the court shall notify, under s. 48.273, the child, any parent, guardian, and legal custodian of the child, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the unborn child by the unborn child's guardian ad litem, and any person specified in par. (b) or (d), if applicable, of all hearings involving the child except hearings on motions for which notice must be provided only to the child and his or her counsel.

AB632, s. 24 Section 24. 48.27 (3) (a) 1m. of the statutes is amended to read:

AB632,14,18 48.27 (3) (a) 1m. The court shall give a foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 1. a. or b. a right to be heard at the hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. a. or b. and a right to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

AB632, s. 25 Section 25. 48.27 (3) (a) 2. of the statutes is amended to read:

AB632,14,25 48.27 (3) (a) 2. Failure to give notice under subd. 1. a. or b. to a foster parent or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the action or proceeding. If a foster parent or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under subd. 1. a. or b., that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.

AB632, s. 26 Section 26. 48.27 (3) (e) of the statutes is repealed.

AB632, s. 27 Section 27. 48.29 (1) of the statutes is amended to read:

AB632,15,13 48.29 (1) The child, the child's parent, guardian or legal custodian, the next of kin of a parental homicide victim, the expectant mother or the unborn child by the unborn child's guardian ad litem, 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 in the request. When 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 does not apply to proceedings under s. 48.21 or 48.213.

AB632, s. 28 Section 28. 48.295 (1) of the statutes is amended to read:

AB632,16,12 48.295 (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist, or licensed psychologist, or by another expert appointed by the court holding at least a master's degree in social work or another related field of child development, in order that the child's physical, psychological, alcohol or other drug dependency, mental, or developmental condition may be considered. The court may also order a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for a child is at issue before the court or of an expectant mother whose ability to control her use of alcohol beverages, controlled substances, or controlled substance analogs is at issue before the court. The court shall hear any objections by the child or, the child's parents, guardian, or legal custodian, or the next of kin of a parental homicide victim to the request for such an examination or assessment before ordering the examination or assessment. The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.

AB632, s. 29 Section 29. 48.295 (3) of the statutes is amended to read:

AB632,16,18 48.295 (3) If the child, the child's parent, guardian, or legal custodian, the next of kin of a parental homicide victim, or the expectant mother objects to a particular physician, psychiatrist, licensed psychologist, or other expert as required under this section, the court shall appoint a different physician, psychiatrist, psychologist, or other expert as required under this section.

AB632, s. 30 Section 30. 48.299 (1) (a) of the statutes is amended to read:

AB632,17,2 48.299 (1) (a) The general public shall be excluded from hearings under this chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a public fact-finding hearing is demanded by a child through his or her counsel, by an expectant mother through her counsel or by an unborn child through the unborn child's guardian ad litem. However, the The court shall refuse to grant the public hearing in a proceeding, other than a proceeding under s. 48.375 (7), if a parent, guardian, or the next of kin of a parental homicide victim objects or if the expectant mother or unborn child through the unborn child's guardian ad litem objects.

AB632, s. 31 Section 31. 48.30 (2) of the statutes is amended to read:

AB632,17,14 48.30 (2) At the commencement of the hearing under this section the child and, the child's parent, guardian, legal custodian, or and Indian custodian, and the next of kin of a parental homicide victim; the child expectant mother, her parent, guardian, legal custodian, or Indian custodian, and the unborn child through the unborn child's guardian ad litem; or the adult expectant mother and the unborn child through the unborn child's guardian ad litem; shall be advised of their rights as specified in s. 48.243 and shall be informed that a request for a jury trial or for a substitution of judge under s. 48.29 must be made before the end of the plea hearing or is waived. Nonpetitioning parties, including the child, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a jury trial or substitution of a judge.

AB632, s. 32 Section 32. 48.31 (2) of the statutes is amended to read:

AB632,18,12 48.31 (2) The hearing shall be to the court unless the child, the child's parent, guardian, or legal custodian, the next of kin of a parental homicide victim, the unborn child by the unborn child's guardian ad litem, or the expectant mother of the unborn child exercises the right to a jury trial by demanding a jury trial at any time before or during the plea hearing. If a jury trial is demanded in a proceeding under s. 48.13 or 48.133, the jury shall consist of 6 persons. If a jury trial is demanded in a proceeding under s. 48.42, the jury shall consist of 12 persons unless the parties agree to a lesser number. Chapters 756 and 805 shall govern the selection of jurors. If the hearing involves a child victim or witness, as defined in s. 950.02, the court may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or jury shall make a determination of the facts, except that in a case alleging a child or an unborn child to be in need of protection or services under s. 48.13 or 48.133, the court shall make the determination under s. 48.13 (intro.) or 48.133 relating to whether the child or unborn child is in need of protection or services that can be ordered by the court. If the court finds that the child or unborn child is not within the jurisdiction of the court or, in a case alleging a child or an unborn child to be in need of protection or services under s. 48.13 or 48.133, that the child or unborn child is not in need of protection or services that can be ordered by the court or if the court or jury finds that the facts alleged in the petition have not been proved, the court shall dismiss the petition with prejudice.

AB632, s. 33 Section 33. 48.32 (1) (a) of the statutes is amended to read:

AB632,19,4 48.32 (1) (a) At any time after the filing of a petition for a proceeding relating to s. 48.13 or 48.133 and before the entry of judgment, the judge or a circuit court commissioner may suspend the proceedings and place the child or expectant mother under supervision in the home or present placement of the child or expectant mother. The court may establish terms and conditions applicable to the child and the child's parent, guardian or legal custodian, to the child expectant mother and her parent, guardian or legal custodian or to the adult expectant mother, including the condition specified in sub. (1b). The order under this section shall be known as a consent decree and must be agreed to by the child, if 12 years of age or older, the child's parent, guardian, or legal custodian, the next of kin of a parental homicide victim, and the person filing the petition under s. 48.25; by the child expectant mother, her parent, guardian, or legal custodian, the unborn child by the unborn child's guardian ad litem, and the person filing the petition under s. 48.25; or by the adult expectant mother, the unborn child by the unborn child's guardian ad litem, and the person filing the petition under s. 48.25. The consent decree shall be reduced to writing and given to the parties.

AB632, s. 34 Section 34. 48.32 (2) (c) of the statutes is amended to read:

AB632,19,18 48.32 (2) (c) Upon the motion of the court or the application of the child, parent, guardian, legal custodian, next of kin of a parental homicide victim, expectant mother, unborn child by the unborn child's guardian ad litem, intake worker, or any agency supervising the child or expectant mother under the consent decree, the court may, after giving notice to the parties to the consent decree, their counsel or guardian ad litem, and the court-appointed special advocate for the child, if any, extend the decree for up to an additional 6 months in the absence of objection to extension by the parties to the initial consent decree. If the child, parent, guardian, legal custodian, next of kin of a parental homicide victim, expectant mother, or unborn child by the unborn child's guardian ad litem objects to the extension, the judge shall schedule a hearing and make a determination on the issue of extension. An extension under this paragraph of a consent decree relating to an unborn child who is alleged to be in need of protection or services may be granted after the child is born.

AB632, s. 35 Section 35. 48.32 (6) of the statutes is amended to read:

AB632,20,2 48.32 (6) The judge or circuit court commissioner shall inform the child and, the child's parent, guardian or, and legal custodian, or and the next of kin of a parental homicide victim, or the adult expectant mother, in writing, of the right of the child or expectant mother to object to the continuation of the consent decree under sub. (3) and of the fact that the hearing under which the child or expectant mother was placed on supervision may be continued to conclusion as if the consent decree had never been entered.

AB632, s. 36 Section 36. 48.355 (2) (b) 1m. of the statutes is amended to read:

AB632,20,12 48.355 (2) (b) 1m. A notice that the child's parent, guardian or legal custodian, the child, if 14 years of age or over, the next of kin of a parental homicide victim, the expectant mother, if 14 years of age or over, or the unborn child by the unborn child's guardian ad litem may request an agency that is providing care or services for the child or expectant mother or that has legal custody of the child to disclose to, or make available for inspection by, the parent, guardian, legal custodian, child, expectant mother or unborn child by the unborn child's guardian ad litem that individual the contents of any record kept or information received by the agency about the child or expectant mother as provided in s. 48.78 (2) (ag) and (aj).