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 1Section 1. 48.02 (12j) of the statutes is created to read:
AB632,4,82 48.02 (12j) "Next of kin of a parental homicide victim" means, in a case in which
3a parent has been convicted under s. 940.01, 940.02, 940.05, 940.06, 940.07, 940.08,
4940.09, or 940.10 or under any comparable federal law or law of another state of the
5homicide of the child's other parent and in which a family member of the parent who
6is the victim of that homicide is not the guardian, legal custodian, or Indian custodian
7of the child, the next of kin of the parent who is the victim of that homicide, as
8determined by the court in the following order of priority:
AB632,4,109 (a) The spouse or domestic partner under ch. 770 of the parent who is the victim
10of that homicide, unless the spouse or domestic partner committed that homicide.
AB632,4,1411 (b) If the parent who is the victim of that homicide does not have a spouse or
12domestic partner described in par. (a), the adult child of that parent whom the court
13determines is best able to represent the interests of the family of that parent in a
14proceeding under this chapter.
AB632,5,215 (c) If the parent who is the victim of that homicide does not have a spouse or
16domestic partner described in par. (a) or an adult child, the parent of that parent

1whom the court determines is best able to represent the interests of the family of that
2parent in a proceeding under this chapter.
AB632,5,63 (d) If the parent who is the victim of that homicide does not have a spouse or
4domestic partner described in par. (a), an adult child, or a parent, the adult sibling
5of that parent whom the court determines is best able to represent the interests of
6the family of that parent in a proceeding under this chapter.
AB632,5,107 (e) If the parent who is the victim of that homicide does not have a spouse or
8domestic partner described in par. (a), an adult child, a parent, or an adult sibling,
9the grandparent of that parent whom the court determines is best able to represent
10the interests of the family of that parent in a proceeding under this chapter.
AB632,5,1511 (f) If the parent who is the victim of that homicide does not have a spouse or
12domestic partner described in par. (a), an adult child, a parent, an adult sibling, or
13a grandparent, the adult relative of that parent in the next degree of kinship, as
14specified in s. 990.001 (16), whom the court determines is best able to represent the
15interests of the family of that parent in a proceeding under this chapter.
AB632, s. 2 16Section 2. 48.19 (2) of the statutes is amended to read:
AB632,6,217 48.19 (2) When a child is taken into physical custody under this section, the
18person taking the child into custody shall immediately attempt to notify the parent,
19guardian, legal custodian, and Indian custodian of the child and the next of kin of a
20parental homicide victim
by the most practical means. The person taking the child
21into custody shall continue such attempt until the parent, guardian, legal custodian,
22and Indian custodian of the child
those individuals are notified, or the child is
23delivered to an intake worker under s. 48.20 (3), whichever occurs first. If the child
24is delivered to the intake worker before the parent, guardian, legal custodian, and
25Indian custodian
those individuals are notified, the intake worker, or another person

1at his or her direction, shall continue the attempt to notify until the parent, guardian,
2legal custodian, and Indian custodian of the child
those individuals are notified.
AB632, s. 3 3Section 3. 48.20 (3) of the statutes is amended to read:
AB632,6,154 48.20 (3) If the child is released under sub. (2) (b) to (d), the person who took
5the child into custody shall immediately notify the child's parent, guardian, legal
6custodian, and Indian custodian and the next of kin of a parental homicide victim of
7the time and circumstances of the release and the person, if any, to whom the child
8was released. If the child is not released under sub. (2), the person who took the child
9into custody shall arrange in a manner determined by the court and law enforcement
10agencies for the child to be interviewed by the intake worker under s. 48.067 (2). The
11person who took the child into custody shall make a statement in writing with
12supporting facts of the reasons why the child was taken into physical custody and
13shall give a copy of the statement to the intake worker and to any child 12 years of
14age or older. If the intake interview is not done in person, the report may be read to
15the intake worker.
AB632, s. 4 16Section 4. 48.20 (7) (d) of the statutes is amended to read:
AB632,6,2017 48.20 (7) (d) If the child is released from custody, the intake worker shall
18immediately notify the child's parent, guardian, legal custodian, and Indian
19custodian and the next of kin of a parental homicide victim of the time and
20circumstances of the release and the person, if any, to whom the child was released.
AB632, s. 5 21Section 5. 48.20 (8) (a) of the statutes is amended to read:
AB632,7,1422 48.20 (8) (a) If a child is held in custody, the intake worker shall notify the
23child's parent, guardian, legal custodian, and Indian custodian and the next of kin
24of a parental homicide victim
of the reasons for holding the child in custody and of
25the child's whereabouts unless there is reason to believe that notice would present

1imminent danger to the child. The parent, guardian, legal custodian, and Indian
2custodian
An individual so notified shall also be notified of the time and place of the
3detention hearing required under s. 48.21, the nature and possible consequences of
4that hearing, the right to present and cross-examine witnesses at the hearing, and,
5in the case of a parent or Indian custodian of an Indian child who is the subject of an
6Indian child custody proceeding, as defined in s. 48.028 (2) (d) 2., the right to counsel
7under s. 48.028 (4) (b). If the parent, guardian, legal custodian, or Indian custodian,
8or next of kin of a parental homicide victim
is not immediately available, the intake
9worker or another person designated by the court shall provide notice as soon as
10possible. When the child is 12 years of age or older, the child shall receive the same
11notice about the detention hearing as the parent, guardian, legal custodian, or
12Indian custodian, and the next of kin of a parental homicide victim. The intake
13worker shall notify both the child and , the child's parent, guardian, legal custodian,
14or and Indian custodian, and the next of kin of a parental homicide victim.
AB632, s. 6 15Section 6. 48.21 (3) (am) of the statutes is amended to read:
AB632,7,2016 48.21 (3) (am) The parent, guardian, legal custodian, or Indian custodian, or
17next of kin of a parental homicide victim
may waive his or her right to participate in
18the hearing under this section. After any waiver, a rehearing shall be granted at the
19request of the parent, guardian, legal custodian, Indian custodian, next of kin of a
20parental homicide victim,
or any other interested party for good cause shown.
AB632, s. 7 21Section 7. 48.21 (3) (b) of the statutes is amended to read:
AB632,8,722 48.21 (3) (b) If present at the hearing, a copy of the petition or request shall be
23given to the parent, guardian, legal custodian, or Indian custodian, or next of kin of
24a parental homicide victim
, and to the child if he or she is 12 years of age or older,
25before the hearing begins. If the child is an expectant mother who has been taken

1into custody under s. 48.19 (1) (cm) or (d) 8., a copy of the petition shall also be given
2to the unborn child, through the unborn child's guardian ad litem, before the hearing
3begins. Prior notice of the hearing shall be given to the child's parent, guardian, legal
4custodian, and Indian custodian, to the next of kin of a parental homicide victim, to
5the child if he or she is 12 years of age or older and, if the child is an expectant mother
6who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., to the unborn child,
7through the unborn child's guardian ad litem, under s. 48.20 (8).
AB632, s. 8 8Section 8. 48.21 (3) (d) of the statutes is amended to read:
AB632,8,169 48.21 (3) (d) Prior to the commencement of the hearing, the court shall inform
10the parent, guardian, legal custodian, or Indian custodian, or next of kin of a parental
11homicide victim
of the allegations that have been made or may be made, the nature
12and possible consequences of this hearing as compared to possible future hearings,
13the right to present, confront, and cross-examine witnesses, and, in the case of a
14parent or Indian custodian of an Indian child who is the subject of an Indian child
15custody proceeding under s. 48.028 (2) (d) 2., the right to counsel under s. 48.028 (4)
16(b).
AB632, s. 9 17Section 9. 48.21 (3) (e) of the statutes is amended to read:
AB632,8,2518 48.21 (3) (e) If the parent, guardian, legal custodian, Indian custodian, next of
19kin of a parental homicide victim,
or child is not represented by counsel at the
20hearing and the child is continued in custody as a result of the hearing, the parent,
21guardian, legal custodian, Indian custodian, or child
that individual may request
22through counsel subsequently appointed or retained or through a guardian ad litem
23that the order to hold the child in custody be reheard. If the request is made, a
24rehearing shall take place as soon as possible. An order to hold the child in custody
25shall be reheard for good cause, whether or not counsel was present.
AB632, s. 10
1Section 10. 48.24 (1m) of the statutes is amended to read:
AB632,9,62 48.24 (1m) As part of the intake inquiry, the intake worker shall inform the
3child and, the child's parent, guardian , and legal custodian, and the next of kin of a
4parental homicide victim
that they, or the adult expectant mother of an unborn child
5that she, may request counseling from a person designated by the court to provide
6dispositional services under s. 48.069.
AB632, s. 11 7Section 11. 48.24 (2) (a) of the statutes is amended to read:
AB632,9,138 48.24 (2) (a) As part of the intake inquiry the intake worker may conduct
9multidisciplinary screens and intake conferences with notice to the child, parent,
10guardian and, legal custodian, and next of kin of a parental homicide victim or to the
11adult expectant mother of the unborn child. If sub. (2m) applies, the intake worker
12shall conduct a multidisciplinary screen under s. 48.547 if the child or expectant
13mother has not refused to participate under par. (b).
AB632, s. 12 14Section 12. 48.243 (1) (intro.) of the statutes is amended to read:
AB632,9,2115 48.243 (1) (intro.) Before conferring with the parent, next of kin of a parental
16homicide victim,
expectant mother, or child during the intake inquiry, the intake
17worker shall personally inform parents, expectant mothers and children 12 years of
18age or older who are the focus of an inquiry regarding the need for protection or
19services
the parent, next of kin of a parental homicide victim, expectant mother, and
20child, if 12 years of age or over,
that the referral may result in a petition to the court
21and of all of the following:
AB632, s. 13 22Section 13. 48.243 (3) of the statutes is amended to read:
AB632,9,2523 48.243 (3) If the child or expectant mother has not had a hearing under s. 48.21
24or 48.213 and was not present at an intake conference under s. 48.24, the intake
25worker shall inform the child, parent, guardian and, legal custodian, and next of kin

1of a parental homicide victim,
or expectant mother, as appropriate, of the basic rights
2provided under this section. The notice shall be given verbally, either in person or
3by telephone, and in writing. This notice shall be given so as to allow the child,
4parent, guardian, legal custodian, next of kin of a parental homicide victim, or adult
5expectant mother sufficient time to prepare for the plea hearing. This subsection
6does not apply to cases of informal disposition under s. 48.245.
AB632, s. 14 7Section 14. 48.245 (1) (c) of the statutes is amended to read:
AB632,10,118 48.245 (1) (c) The child, if 12 years of age or over, and the child's parent,
9guardian, and legal custodian, and the next of kin of a parental homicide victim; the
10parent, guardian, and legal custodian of the child expectant mother and the child
11expectant mother, if 12 years of age or over; or the adult expectant mother, consent.
AB632, s. 15 12Section 15. 48.245 (2r) of the statutes is amended to read:
AB632,11,313 48.245 (2r) The intake worker may, after giving written notice to the child, the
14child's parent, guardian, and legal custodian, and the next of kin of a parental
15homicide victim,
and their counsel, if any, or after giving written notice to the child
16expectant mother, her parent, guardian, and legal custodian, and their counsel, if
17any, or after giving written notice to the adult expectant mother and her counsel, if
18any, extend the informal disposition for up to an additional 6 months unless the
19parent, guardian, or legal custodian, the child or child expectant mother, if 12 years
20of age or over, or the adult expectant mother
any of those individuals objects to the
21extension. If the parent, guardian, or legal custodian, the child or child expectant
22mother, if 12 years of age or over, or the adult expectant mother
any of those
23individuals
objects to the extension, the intake worker may request the district
24attorney or corporation counsel to file a petition under s. 48.13 or 48.133. An
25extension under this subsection may be granted only once for any informal

1disposition. An extension under this subsection of an informal disposition relating
2to an unborn child who is alleged to be in need of protection or services may be
3granted after the child is born.
AB632, s. 16 4Section 16. 48.245 (3) of the statutes is amended to read:
AB632,11,115 48.245 (3) The obligations imposed under an informal disposition and its
6effective date shall be set forth in writing. The child and a , the child's parent,
7guardian, and legal custodian, and the next of kin of a parental homicide victim, or
8the child expectant mother, her parent, guardian, and legal custodian and the
9unborn child by the unborn child's guardian ad litem, or the adult expectant mother
10and the unborn child by the unborn child's guardian ad litem, shall receive a copy,
11as shall any agency providing services under the agreement.
AB632, s. 17 12Section 17. 48.245 (4) of the statutes is amended to read:
AB632,11,2213 48.245 (4) The intake worker shall inform the child, if 12 years of age or over,
14and the child's parent, guardian, and legal custodian, and the next of kin of a parental
15homicide victim, or
the child expectant mother, if 12 years of age or over, and her
16parent, guardian, and legal custodian, or the adult expectant mother in writing of
17their right to terminate the informal disposition at any time or object at any time to
18the fact or terms of the informal disposition. If there is an objection, the intake
19worker may alter the terms of the agreement or request the district attorney or
20corporation counsel to file a petition. If the informal disposition is terminated, the
21intake worker may request the district attorney or corporation counsel to file a
22petition.
AB632, s. 18 23Section 18. 48.245 (5) of the statutes is amended to read:
AB632,12,324 48.245 (5) Informal disposition shall be terminated upon the request of the
25child, if 12 years of age or over, or the child's parent, guardian, or legal custodian, or

1the next of kin of a parental homicide victim,
upon request of the child expectant
2mother, if 12 years of age or over, or her parent, guardian, or legal custodian, or upon
3the request of the adult expectant mother.
AB632, s. 19 4Section 19. 48.245 (8) of the statutes is amended to read:
AB632,12,125 48.245 (8) If the obligations imposed under the informal disposition are met,
6the intake worker shall so inform the child and a , the child's parent, guardian and
7legal custodian, and the next of kin of a parental homicide victim, or the child
8expectant mother, her parent, guardian, and legal custodian and the unborn child
9by the unborn child's guardian ad litem, or the adult expectant mother and the
10unborn child by the unborn child's guardian ad litem, in writing, and no petition may
11be filed on the charges that brought about the informal disposition nor may the
12charges be the sole basis for a petition under ss. 48.13 to 48.14.
AB632, s. 20 13Section 20. 48.255 (1) (b) of the statutes is amended to read:
AB632,12,1714 48.255 (1) (b) The names and addresses of the child's parent, guardian, legal
15custodian or, and spouse, if any, and the name and address of the next of kin of a
16parental homicide victim
; or if no such person can be identified, the name and
17address of the nearest relative.
AB632, s. 21 18Section 21. 48.255 (4) of the statutes is amended to read:
AB632,13,519 48.255 (4) A copy of a petition under sub. (1) shall be given to the child if the
20child is 12 years of age or over and to the parents, guardian, legal custodian and,
21physical custodian, and next of kin of a parental homicide victim. A copy of a petition
22under sub. (1m) shall be given to the child expectant mother, if 12 years of age or over,
23her parents, guardian, legal custodian and physical custodian and the unborn child
24by the unborn child's guardian ad litem or to the adult expectant mother, the unborn
25child through the unborn child's guardian ad litem and the physical custodian of the

1expectant mother, if any. If the child is an Indian child who has been removed from
2the home of his or her parent or Indian custodian or the unborn child will be an Indian
3child when born, a copy of a petition under sub. (1) or (1m) shall also be given to the
4Indian child's Indian custodian and tribe or the Indian tribe with which the unborn
5child may be eligible for affiliation when born.
AB632, s. 22 6Section 22. 48.27 (3) (a) 1. of the statutes is renumbered 48.27 (3) (a) 1. a. and
7amended to read:
AB632,13,168 48.27 (3) (a) 1. a. If the petition that was filed relates to facts concerning a
9situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother
10who is a child
, the court shall notify, under s. 48.273, the child, any parent, guardian,
11and legal custodian of the child, any foster parent or other physical custodian
12described in s. 48.62 (2) of the child, the unborn child by the unborn child's guardian
13ad litem, if applicable,
the next of kin of a parental homicide victim, the
14court-appointed special advocate for the child,
and any person specified in par. (b),
15or (d), or (e), if applicable, of all hearings involving the child except hearings on
16motions for which notice must be provided only to the child and his or her counsel.
AB632,13,24 17c. If parents who are entitled to notice under subd. 1. a. or b. have the same place
18of residence, notice to one constitutes notice to the other. The first notice under subd.
191. a. or b.
to any interested party, foster parent, or other physical custodian described
20in s. 48.62 (2) shall be in writing and may have a copy of the petition attached to it.
21Notices of subsequent hearings may be given by telephone at least 72 hours before
22the time of the hearing. The person giving telephone notice shall place in the case
23file a signed statement of the time notice was given and the person to whom he or she
24spoke.
AB632, s. 23 25Section 23. 48.27 (3) (a) 1. b. of the statutes is created to read:
AB632,14,8
148.27 (3) (a) 1. b. If the petition that was filed relates to facts concerning a
2situation under s. 48.133 involving an expectant mother who is a child, the court
3shall notify, under s. 48.273, the child, any parent, guardian, and legal custodian of
4the child, any foster parent or other physical custodian described in s. 48.62 (2) of the
5child, the unborn child by the unborn child's guardian ad litem, and any person
6specified in par. (b) or (d), if applicable, of all hearings involving the child except
7hearings on motions for which notice must be provided only to the child and his or
8her counsel.
AB632, s. 24 9Section 24. 48.27 (3) (a) 1m. of the statutes is amended to read:
AB632,14,1810 48.27 (3) (a) 1m. The court shall give a foster parent or other physical custodian
11described in s. 48.62 (2) who is notified of a hearing under subd. 1. a. or b. a right to
12be heard at the hearing by permitting the foster parent or other physical custodian
13to make a written or oral statement during the hearing, or to submit a written
14statement prior to the hearing, relevant to the issues to be determined at the hearing.
15A foster parent or other physical custodian described in s. 48.62 (2) who receives a
16notice of a hearing under subd. 1. a. or b. and a right to be heard under this
17subdivision does not become a party to the proceeding on which the hearing is held
18solely on the basis of receiving that notice and right to be heard.
AB632, s. 25 19Section 25. 48.27 (3) (a) 2. of the statutes is amended to read:
AB632,14,2520 48.27 (3) (a) 2. Failure to give notice under subd. 1. a. or b. to a foster parent
21or other physical custodian described in s. 48.62 (2) does not deprive the court of
22jurisdiction in the action or proceeding. If a foster parent or other physical custodian
23described in s. 48.62 (2) is not given notice of a hearing under subd. 1. a. or b., that
24person may request a rehearing on the matter during the pendency of an order
25resulting from the hearing. If the request is made, the court shall order a rehearing.
AB632, s. 26
1Section 26. 48.27 (3) (e) of the statutes is repealed.
AB632, s. 27 2Section 27. 48.29 (1) of the statutes is amended to read:
AB632,15,133 48.29 (1) The child, the child's parent, guardian or legal custodian, the next of
4kin of a parental homicide victim,
the expectant mother or the unborn child by the
5unborn child's guardian ad litem, either before or during the plea hearing, may file
6a written request with the clerk of the court or other person acting as the clerk for
7a substitution of the judge assigned to the proceeding. Upon filing the written
8request, the filing party shall immediately mail or deliver a copy of the request to the
9judge named in the request. When any person has the right to request a substitution
10of judge, that person's counsel or guardian ad litem may file the request. Not more
11than one such written request may be filed in any one proceeding, nor may any single
12request name more than one judge. This section does not apply to proceedings under
13s. 48.21 or 48.213.
AB632, s. 28 14Section 28. 48.295 (1) of the statutes is amended to read:
AB632,16,1215 48.295 (1) After the filing of a petition and upon a finding by the court that
16reasonable cause exists to warrant a physical, psychological, mental, or
17developmental examination or an alcohol and other drug abuse assessment that
18conforms to the criteria specified under s. 48.547 (4), the court may order any child
19coming within its jurisdiction to be examined as an outpatient by personnel in an
20approved treatment facility for alcohol and other drug abuse, by a physician,
21psychiatrist, or licensed psychologist, or by another expert appointed by the court
22holding at least a master's degree in social work or another related field of child
23development, in order that the child's physical, psychological, alcohol or other drug
24dependency, mental, or developmental condition may be considered. The court may
25also order a physical, psychological, mental, or developmental examination or an

1alcohol and other drug abuse assessment that conforms to the criteria specified
2under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for
3a child is at issue before the court or of an expectant mother whose ability to control
4her use of alcohol beverages, controlled substances, or controlled substance analogs
5is at issue before the court. The court shall hear any objections by the child or, the
6child's parents, guardian, or legal custodian, or the next of kin of a parental homicide
7victim
to the request for such an examination or assessment before ordering the
8examination or assessment. The expenses of an examination, if approved by the
9court, shall be paid by the county of the court ordering the examination in a county
10having a population of less than 500,000 or by the department in a county having a
11population of 500,000 or more. The payment for an alcohol and other drug abuse
12assessment shall be in accordance with s. 48.361.
AB632, s. 29 13Section 29. 48.295 (3) of the statutes is amended to read:
AB632,16,1814 48.295 (3) If the child, the child's parent, guardian, or legal custodian, the next
15of kin of a parental homicide victim,
or the expectant mother objects to a particular
16physician, psychiatrist, licensed psychologist, or other expert as required under this
17section, the court shall appoint a different physician, psychiatrist, psychologist, or
18other expert as required under this section.
AB632, s. 30 19Section 30. 48.299 (1) (a) of the statutes is amended to read:
AB632,17,220 48.299 (1) (a) The general public shall be excluded from hearings under this
21chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a
22public fact-finding hearing is demanded by a child through his or her counsel, by an
23expectant mother through her counsel or by an unborn child through the unborn
24child's guardian ad litem. However, the The court shall refuse to grant the public
25hearing in a proceeding, other than a proceeding under s. 48.375 (7), if a parent,

1guardian, or the next of kin of a parental homicide victim objects or if the expectant
2mother or unborn child through the unborn child's guardian ad litem objects.
AB632, s. 31 3Section 31. 48.30 (2) of the statutes is amended to read:
AB632,17,144 48.30 (2) At the commencement of the hearing under this section the child and,
5the child's parent, guardian, legal custodian, or and Indian custodian, and the next
6of kin of a parental homicide victim
; the child expectant mother, her parent,
7guardian, legal custodian, or Indian custodian, and the unborn child through the
8unborn child's guardian ad litem; or the adult expectant mother and the unborn child
9through the unborn child's guardian ad litem; shall be advised of their rights as
10specified in s. 48.243 and shall be informed that a request for a jury trial or for a
11substitution of judge under s. 48.29 must be made before the end of the plea hearing
12or is waived. Nonpetitioning parties, including the child, shall be granted a
13continuance of the plea hearing if they wish to consult with an attorney on the
14request for a jury trial or substitution of a judge.
AB632, s. 32 15Section 32. 48.31 (2) of the statutes is amended to read:
AB632,18,1216 48.31 (2) The hearing shall be to the court unless the child, the child's parent,
17guardian, or legal custodian, the next of kin of a parental homicide victim, the unborn
18child by the unborn child's guardian ad litem, or the expectant mother of the unborn
19child exercises the right to a jury trial by demanding a jury trial at any time before
20or during the plea hearing. If a jury trial is demanded in a proceeding under s. 48.13
21or 48.133, the jury shall consist of 6 persons. If a jury trial is demanded in a
22proceeding under s. 48.42, the jury shall consist of 12 persons unless the parties
23agree to a lesser number. Chapters 756 and 805 shall govern the selection of jurors.
24If the hearing involves a child victim or witness, as defined in s. 950.02, the court may
25order that a deposition be taken by audiovisual means and allow the use of a recorded

1deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with
2s. 971.105. At the conclusion of the hearing, the court or jury shall make a
3determination of the facts, except that in a case alleging a child or an unborn child
4to be in need of protection or services under s. 48.13 or 48.133, the court shall make
5the determination under s. 48.13 (intro.) or 48.133 relating to whether the child or
6unborn child is in need of protection or services that can be ordered by the court. If
7the court finds that the child or unborn child is not within the jurisdiction of the court
8or, in a case alleging a child or an unborn child to be in need of protection or services
9under s. 48.13 or 48.133, that the child or unborn child is not in need of protection
10or services that can be ordered by the court or if the court or jury finds that the facts
11alleged in the petition have not been proved, the court shall dismiss the petition with
12prejudice.
AB632, s. 33 13Section 33. 48.32 (1) (a) of the statutes is amended to read:
AB632,19,414 48.32 (1) (a) At any time after the filing of a petition for a proceeding relating
15to s. 48.13 or 48.133 and before the entry of judgment, the judge or a circuit court
16commissioner may suspend the proceedings and place the child or expectant mother
17under supervision in the home or present placement of the child or expectant mother.
18The court may establish terms and conditions applicable to the child and the child's
19parent, guardian or legal custodian, to the child expectant mother and her parent,
20guardian or legal custodian or to the adult expectant mother, including the condition
21specified in sub. (1b). The order under this section shall be known as a consent decree
22and must be agreed to by the child, if 12 years of age or older, the child's parent,
23guardian, or legal custodian, the next of kin of a parental homicide victim, and the
24person filing the petition under s. 48.25; by the child expectant mother, her parent,
25guardian, or legal custodian, the unborn child by the unborn child's guardian ad

1litem, and the person filing the petition under s. 48.25; or by the adult expectant
2mother, the unborn child by the unborn child's guardian ad litem, and the person
3filing the petition under s. 48.25. The consent decree shall be reduced to writing and
4given to the parties.
AB632, s. 34 5Section 34. 48.32 (2) (c) of the statutes is amended to read:
AB632,19,186 48.32 (2) (c) Upon the motion of the court or the application of the child, parent,
7guardian, legal custodian, next of kin of a parental homicide victim, expectant
8mother, unborn child by the unborn child's guardian ad litem, intake worker, or any
9agency supervising the child or expectant mother under the consent decree, the court
10may, after giving notice to the parties to the consent decree, their counsel or guardian
11ad litem, and the court-appointed special advocate for the child, if any, extend the
12decree for up to an additional 6 months in the absence of objection to extension by
13the parties to the initial consent decree. If the child, parent, guardian, legal
14custodian, next of kin of a parental homicide victim, expectant mother, or unborn
15child by the unborn child's guardian ad litem objects to the extension, the judge shall
16schedule a hearing and make a determination on the issue of extension. An
17extension under this paragraph of a consent decree relating to an unborn child who
18is alleged to be in need of protection or services may be granted after the child is born.
AB632, s. 35 19Section 35. 48.32 (6) of the statutes is amended to read:
AB632,20,220 48.32 (6) The judge or circuit court commissioner shall inform the child and,
21the child's parent, guardian or, and legal custodian, or and the next of kin of a
22parental homicide victim, or
the adult expectant mother, in writing, of the right of
23the child or expectant mother to object to the continuation of the consent decree
24under sub. (3) and of the fact that the hearing under which the child or expectant

1mother was placed on supervision may be continued to conclusion as if the consent
2decree had never been entered.
AB632, s. 36 3Section 36. 48.355 (2) (b) 1m. of the statutes is amended to read:
AB632,20,124 48.355 (2) (b) 1m. A notice that the child's parent, guardian or legal custodian,
5the child, if 14 years of age or over, the next of kin of a parental homicide victim, the
6expectant mother, if 14 years of age or over, or the unborn child by the unborn child's
7guardian ad litem may request an agency that is providing care or services for the
8child or expectant mother or that has legal custody of the child to disclose to, or make
9available for inspection by, the parent, guardian, legal custodian, child, expectant
10mother or unborn child by the unborn child's guardian ad litem
that individual the
11contents of any record kept or information received by the agency about the child or
12expectant mother as provided in s. 48.78 (2) (ag) and (aj).
AB632, s. 37 13Section 37. 48.355 (2) (d) of the statutes is amended to read:
AB632,20,2514 48.355 (2) (d) The court shall provide a copy of a dispositional order relating
15to a child in need of protection or services to the child's parent, guardian, legal
16custodian, or trustee, to the child through the child's counsel or guardian ad litem,
17to the next of kin of a parental homicide victim, to the child's court-appointed special
18advocate, and, if the child is an Indian child who has been removed from the home
19of his or her parent or Indian custodian and placed outside that home, to the Indian
20child's Indian custodian and tribe. The court shall provide a copy of a dispositional
21order relating to an unborn child in need of protection or services to the expectant
22mother, to the unborn child through the unborn child's guardian ad litem, to the
23parent, guardian, legal custodian, or trustee of a child expectant mother and, if the
24expectant mother is an Indian child, to the expectant mother's Indian custodian and
25tribe.
AB632, s. 38
1Section 38. 48.357 (1) (am) 1. of the statutes is amended to read:
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