1995 Wisconsin Act 275

275,121 Section 121 . 48.982 (1) (c) of the statutes is amended to read:

48.982 (1) (c) “Neglect" means neglect, refusal or inability, for reasons other than poverty, by a parent, guardian, legal custodian or other person exercising temporary or permanent control over a child to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child has the meaning given in s. 48.981 (1) (d).

Note: Amends the definition of “neglect" in the child abuse and neglect prevention board statute to duplicate the definition of “neglect" in s. 48.981 (1) (d), stats., for the child abuse and neglect reporting and investigation statute.

275,122 Section 122 . 252.15 (5) (a) 19. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

252.15 (5) (a) 19. If the test was administered to a child who has been placed in a foster home, treatment foster home, group home or child caring institution, including a placement under s. 48.205, 48.21, 938.205 or 938.21 or for whom placement in a foster home, treatment foster home, group home or child caring institution is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c) or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c) or 938.33 (1) or, to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c) or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4), 48.831 (4) (e), 938.355 (2e) or 938.38 regarding the child or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by that agency, any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or treatment foster parent or the operator of the group home or child caring institution in which the child is placed, as provided in s. 48.371 or 938.371.

Note: Amends current law regarding confidentiality of HIV test results to permit disclosure of those test results as follows:

1. By additionally permitting disclosure if a child has been placed in a treatment foster home.

2. By additionally permitting disclosure regarding a child placed in a foster home, treatment foster home, group home or CCI or recommended for such a placement under s. 48.425 (1) (g), stats. [following TPR if it is unlikely a child will be adopted or adoption is not in the best interests of a child], or s. 48.837 (4) (c), stats. [child placed with nonrelative for adoption], rather than restricting disclosure to cases in which a child has been recommended for placement under s. 48.33 (4) or 938.33 (4), stats. [out-of-home placement recommended in predispositional report for a child adjudged to be CHIPS or delinquent].

3. By additionally providing that the disclosure may be made to all of the following: (a) the agency directed by a juvenile court to prepare a court report under various provisions in ch. 48 rather than restricting disclosure to the agency directed to prepare a court report under s. 48.33 (1) or 938.33 (1), stats. [predispositional report for a child adjudged to be CHIPS or delinquent]; (b) to an agency responsible for preparing a court report under various provisions in ch. 48; (c) to an agency responsible for preparing a permanency plan under various provisions of ch. 48 rather than restricting disclosure to the agency directed to prepare a permanency plan under s. 48.38 or 938.38, stats.; (d) to an agency that placed the child or arranged for the placement of the child in substitute care; and (e) by any of those agencies to any other of those agencies.

4. By providing that the agency that placed the child or arranged for the placement of the child in substitute care may disclose the HIV test results to the substitute care provider as provided in s. 48.371, stats., as affected by this bill, rather than the agency directed by the juvenile court to prepare a court report under s. 48.33 (1), stats., or the agency directed by a juvenile court to prepare a child's permanency plan under s. 48.38, stats., as provided in s. 48.371, 1993 stats.

275,123 Section 123 . 756.096 (3) (e) of the statutes is created to read:

756.096 (3) (e) Notwithstanding par. (b), a jury in a proceeding under s. 48.13 shall consist of 6 persons and a jury in a proceeding under s. 48.42 shall consist of 12 persons unless the parties agree to a lesser number.

275,124 Section 124 . 767.075 (1) (a) of the statutes is amended to read:

767.075 (1) (a) An action to establish paternity whenever there is a completed application for legal services filed with the child support program under s. 46.25 or whenever s. 767.45 (6m) or (6r) applies.

Note: Specifies that the state is a real party in interest in an action to establish paternity whenever a IV-D attorney receives a required referral from a juvenile court under s. 48.299 (6) (a), stats., as affected by this bill.

275,125 Section 125 . 767.11 (8) (b) 1. of the statutes is amended to read:

767.11 (8) (b) 1. That a party engaged in abuse , as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.981 (1) (a) and (b) or 813.122 (1) (a) 48.02 (2).

Note: With respect to the evidence a court considers in determining whether an initial mediation session should not be held in certain actions affecting the family, the amendment reflects the renumbering resulting from:

1. The repeal of the definition of “abuse" in s. 48.981 (1) (a), stats., the creation of a definition of “abuse" in s. 48.02 (1), stats., as created by this bill, and the incorporation of the definition of “abuse" in s. 48.02 (1), stats., as created by this bill, in the definition of “abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.

2. The repeal of the definition of “child" in s. 48.981 (1) (b), stats., as that term is defined in the same way in current s. 48.02 (2), stats.

275,126 Section 126 . 767.11 (10) (e) 1. of the statutes is amended to read:

767.11 (10) (e) 1. There is evidence that a party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.981 (1) (a) and (b) or 813.122 (1) (a) 48.02 (2).

Note: With respect to the authority of a mediator to terminate mediation in certain actions affecting the family, the amendment reflects:

1. The repeal of the definition of “abuse" in s. 48.981 (1) (a), stats., the creation of a definition of “abuse" in s. 48.02 (1), stats., as created by this bill, and the incorporation of the definition of “abuse" in s. 48.02 (1), stats., as created by this bill, in the definition of “abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.

2. The repeal of the definition of “child" in s. 48.981 (1) (b), stats., as that term is defined in the same way in current s. 48.02 (2), stats.

275,127 Section 127 . 767.24 (2) (b) 2. c. of the statutes is amended to read:

767.24 (2) (b) 2. c. The parties will be able to cooperate in the future decision making required under an award of joint legal custody. In making this finding the court shall consider, along with any other pertinent items, any reasons offered by a party objecting to joint legal custody. Evidence that either party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.981 (1) (a) and (b) or 813.122 (1) (a) 48.02 (2), or evidence of interspousal battery, as described under s. 940.19, or domestic abuse, as defined in s. 813.12 (1) (a) , creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required. This presumption may be rebutted by clear and convincing evidence that the abuse will not interfere with the parties' ability to cooperate in the future decision making required.

Note: With respect to one of the findings a court must make under certain circumstances in determining whether to award joint legal custody, the amendment reflects the renumbering resulting from:

1. The repeal of the definition of “abuse" in s. 48.981 (1) (a), stats., the creation of a definition of “abuse" in s. 48.02 (1), stats., as created by this bill, and the incorporation of the definition of “abuse" in s. 48.02 (1), stats., as created by this bill, in the definition of “abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.

2. The repeal of the definition of “child" in s. 48.981 (1) (b), stats., as that term is defined in the same way in current s. 48.02 (2), stats.

275,128 Section 128 . 767.24 (5) (h) of the statutes is amended to read:

767.24 (5) (h) Whether there is evidence that a party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.981 (1) (a) and (b) or 813.122 (1) (a) 48.02 (2).

Note: With respect to the factors a court considers in custody and physical placement determinations, the amendment reflects:

1. The repeal of the definition of “abuse" in s. 48.981 (1) (a), stats., the creation of a definition of “abuse" in s. 48.02 (1), stats., as created by this bill, and the incorporation of the definition of “abuse" in s. 48.02 (1), stats., as created by this bill, in the definition of “abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.

2. The repeal of the definition of “child" in s. 48.981 (1) (b), stats., as that term is defined in the same way in current s. 48.02 (2), stats.

275,129m Section 129m. 767.45 (1) (i) of the statutes is amended to read:

767.45 (1) (i) A guardian ad litem appointed for the child under s. 48.235, 767.045 (1) (c) or 938.235.

275,130m Section 130m. 767.45 (5) (c) of the statutes is created to read:

767.45 (5) (c) If a matter is referred under s. 48.299 (6) (a) or 938.299 (6) (a) to an attorney designated under sub. (6) (a), that attorney shall also include in the petition notification to the court that the matter was referred under s. 48.299 (6) (a) or 938.299 (6) (a).

275,131 Section 131 . 767.45 (6r) of the statutes is created to read:

767.45 (6r) (a) The attorney designated under sub. (6) (a) who receives a referral under s. 48.299 (6) (a) or 938.299 (6) (a) shall do all of the following:

1. Give priority to matters referred under s. 48.299 (6) (a) or 938.299 (6) (a), including priority in determining whether an action should be brought under this section and, if the determination is that such an action should be brought, priority in bringing the action and in establishing the existence or nonexistence of paternity.

2. As soon as possible, but no later than 30 days after the date on which the referral is received, notify the court that referred the matter of one of the following:

a. The date on which an action has been brought under this section or the approximate date on which such an action will be brought.

b. That a determination has been made that an action should not be brought under this section or, if such a determination has not been made, the approximate date on which a determination will be made as to whether such an action should be brought.

c. That the man designated in s. 48.299 (6) (a) or 938.299 (6) (a) has previously been excluded as the father of the child.

3. If an action is brought under this section, notify the court that referred the matter as soon as possible of a judgment or order determining the existence or nonexistence of paternity.

(b) The attorney designated under sub. (6) (a) who receives a referral under s. 48.299 (7) or 938.299 (7) may bring an action under this section on behalf of the state and may give priority to the referral and notify the referring court in the same manner as is required under par. (a) when a matter is referred under s. 48.299 (6) (a) or 938.299 (6) (a).

275,132 Section 132 . 767.47 (1) (cm) of the statutes is created to read:

767.47 (1) (cm) Genetic test results under s. 48.299 (6) (e) or 938.299 (6) (e).

275,133 Section 133 . 767.47 (10) of the statutes is amended to read:

767.47 (10) A record of the testimony of the child's mother relating to the child's paternity, made as provided under s. 48.299 (6) (8) or 938.299 (8), is admissible in evidence on the issue of paternity.

275,134 Section 134 . 767.475 (7m) of the statutes is created to read:

767.475 (7m) The court shall give priority to an action brought under s. 767.45 whenever the petition under s. 767.45 (5) indicates that the matter was referred under s. 48.299 (6) (a) or 938.299 (6) (a) by a court assigned to exercise jurisdiction under chs. 48 and 938.

275,135 Section 135. 767.53 (1) of the statutes is renumbered 767.53 (1) (intro.) and amended to read:

767.53 (1) (intro.) Access to the record of any pending or past proceeding involving the paternity of the same child shall be allowed to the all of the following:

(a) The child's parents, the.

(b) The parties to that proceeding and their attorneys or their authorized representatives.

275,136 Section 136 . 767.53 (1) (c) of the statutes is created to read:

767.53 (1) (c) If the child is the subject of a proceeding under ch. 48, all of the following:

1. The court assigned to exercise jurisdiction under chs. 48 and 938 in which the proceeding is pending.

2. The parties to the proceeding under ch. 48 and their attorneys.

3. The person under s. 48.09 who represents the interests of the public in the proceeding under ch. 48.

4. A guardian ad litem for the child and a guardian ad litem for the child's parent.

5. Any governmental or social agency involved in the proceeding under ch. 48.

275,137 Section 137 . 808.04 (7m) of the statutes is amended to read:

808.04 (7m) An appeal from a judgment or order terminating parental rights or denying termination of parental rights shall be initiated by filing the notice required by s. 809.107 (2) within 15 30 days after the date of entry of the judgment or order appealed from. Notwithstanding s. 809.82 (2) (b), this time period may not be enlarged.

Note: Amends current law by extending the deadline for filing a notice of intent to appeal a TPR judgment or order from 15 days to 30 days.

275,138 Section 138 . 808.075 (4) (a) 10. of the statutes is created to read:

808.075 (4) (a) 10. Revision of guardianship order under s. 48.977 (6).

275,139 Section 139 . 808.075 (4) (a) 11. of the statutes is created to read:

808.075 (4) (a) 11. Termination of guardianship under s. 48.977 (7), including removal of a guardian.

Note: Under current s. 808.075 (4) (a) 1. to 9., stats., a juvenile court may do any of the following during the pendency of an appeal:

1. Review an action by a guardian under s. 48.023, stats.

2. Review a nonsecure custody order under s. 48.207, stats.

3. Review a secure detention order under s. 48.208, stats., and conduct a secure detention status review under s. 48.209 (1) (e), stats.

4. Hold a hearing for a child held in custody under s. 48.21, stats.

5. Hold a hearing upon involuntary removal under s. 48.305, stats.

6. Revise a dispositional order under s. 48.363, stats.

7. Extend a dispositional order under s. 48.365, stats., unless s. 48.368, stats., applies.

8. Review a permanency plan under s. 48.38 (5), stats.

9. Release confidential information under s. 48.396 or 48.78, stats.

These 2 sections add revision of a guardianship order under s. 48.977 (6), stats., as created by this bill, and termination of a guardianship under s. 48.977 (7), stats., as created by this bill, to the list of acts which a juvenile court may perform despite the pendency of an appeal.

275,140 Section 140 . 809.107 (5) of the statutes is amended to read:

809.107 (5) Notice of appeal; transmittal of record. Within 15 30 days after service of the transcript, the person filing a notice of intent to appeal under sub. (2) shall file a notice of appeal and docketing statement as provided in s. 809.10 (1) (a) and serve a copy of the notice on the persons required to be served under sub. (2). The clerk of the trial court shall transmit the record to the court of appeals as soon as the record is prepared but in no event more than 15 days after the filing of the notice of appeal.

Note: Amends current law by extending the deadline for filing the official notice of appeal of a TPR judgment or order and the docketing statement from 15 days to 30 days after the date of service of the transcript by the court reporter.

275,141 Section 141 . 809.107 (6) (e) of the statutes is amended to read:

809.107 (6) (e) Cases appealed under this section shall be given preference and shall be taken in an order that ensures that a decision is issued within 45 30 days after the filing of the record on appeal with the court of appeals appellant's reply brief or statement that a reply brief will not be filed.

Note: Provides that a court of appeals must decide a TPR appeal within 30 days after the filing of the appellant's reply brief or the appellant's statement that a reply brief will not be filed, rather than 45 days after the filing of the record on appeal.