1995 Wisconsin Act 275

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.

275,142 Section 142 . 809.107 (6) (f) of the statutes is amended to read:

809.107 (6) (f) A petition for review of an appeal in the supreme court, if any, shall be filed within 15 30 days after the date of the decision of the court of appeals. The supreme court shall give preference to a petition for review of an appeal filed under this paragraph.

Note: Provides that a petition for the supreme court to review an appeal of a TPR case must be filed within 30 days after the date of the decision of the court of appeals, rather than 15 days.

275,143 Section 143 . 813.122 (1) (a) of the statutes is repealed and recreated to read:

813.122 (1) (a) “Abuse" has the meaning given in s. 48.02 (1) and, in addition, includes a threat to engage in any conduct under s. 48.02 (1).

Note: Deletes the definition of “abuse" in the child abuse restraining order and injunction statute and substitutes the definition of “abuse" in s. 48.02 (1), stats., as created by this bill, plus the threat to engage in any conduct that is defined as “abuse" in s. 48.02 (1), stats.

275,144 Section 144 . 813.122 (1) (e) of the statutes is repealed.

Note: Repeals the definition of “emotional damage" in the child abuse restraining order and injunction statute. “Emotional damage" as defined in s. 48.02 (5j), stats., as created by this bill, is incorporated in the definition of “abuse" in s. 48.02 (1), stats., as created by this bill, which is incorporated by reference in the definition of “abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.

275,145 Section 145 . 813.122 (1) (f) of the statutes is repealed.

Note: Repeals the definition of “physical injury" in the child abuse restraining order and injunction statute. “Physical injury" as defined in s. 48.02 (14m), stats., as created by this bill, is incorporated in the definition of “abuse" in s. 48.02 (1), stats., as created by this bill, which is incorporated by reference in the definition of “abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.

275,146 Section 146 . 813.122 (8) of the statutes is repealed.

Note: Repeals the provision in the child abuse restraining order and injunction statute which specifies that, in cases involving an allegation of emotional damage, the court may admit evidence of a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for a child's age and stage of development. Provision for this evidence is included in the definition of “emotional damage" which is incorporated in the definition of “abuse" in s. 48.02 (1), stats., as created by this bill, which is incorporated by reference in the definition of “abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.

275,147 Section 147 . 905.04 (4) (e) 1. a. of the statutes is amended to read:

905.04 (4) (e) 1. a. “Abuse" has the meaning given in s. 48.981 48.02 (1) (a).

Note: With respect to the provision that specifies that there is no physician-patient, registered nurse-patient, chiropractor-patient, psychologist-patient, social worker-patient, marriage and family therapist-patient or professional counselor-patient privilege in certain cases of abuse or neglect, the amendment reflects the renumbering resulting from deleting the definition of “abuse" in s. 48.981 (1) (a), stats., and creating a definition of “abuse" in s. 48.02 (1), stats., as created by this bill.

275,147b Section 147b. 938.13 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.13 (4) Whose parent or guardian signs the petition requesting jurisdiction under this subsection and states that he or she is unable or needs assistance to control the juvenile.

275,147c Section 147c. 938.205 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.205 (1) (b) That the parent, guardian or legal custodian of the juvenile or other responsible adult is neglecting, refusing, unable or unavailable, unwilling or unable to provide adequate supervision and care and that services to ensure the juvenile's safety and well-being are not available or would be inadequate.

275,147d Section 147d. 938.21 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.21 (1) (b) If no petition has been filed by the time of the hearing, a juvenile may be held in custody with the approval of the judge or juvenile court commissioner for an additional 48 hours from the time of the hearing only if, as a result of the facts brought forth at the hearing, the judge or juvenile court commissioner determines that probable cause exists to believe that the juvenile is an imminent danger to himself or herself or to others, or that probable cause exists to believe that the parent, guardian or legal custodian of the juvenile or other responsible adult is unwilling neglecting, refusing, unable or unavailable to provide adequate supervision and care. The extension may be granted only once for any petition. In the event of failure to file a petition within the 48-hour extension period provided for in this paragraph, the judge or juvenile court commissioner shall order the juvenile's immediate release from custody.

275,147e Section 147e. 938.235 (3) (title) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.235 (3) (title) Duties and responsibilities.

275,147f Section 147f. 938.235 (3) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.235 (3) (a).

275,147g Section 147g. 938.235 (3) (b) of the statutes is created to read:

938.235 (3) (b) In addition to any other duties and responsibilities required of a guardian ad litem, a guardian ad litem appointed for a juvenile who is the subject of a proceeding under s. 938.13 shall do all of the following:

1. Unless granted leave by the court not to do so, personally, or through a trained designee, meet with the juvenile, assess the appropriateness and safety of the juvenile's environment and, if the juvenile is old enough to communicate, interview the juvenile and determine the juvenile's goals and concerns regarding his or her placement.

2. Make clear and specific recommendations to the court concerning the best interest of the juvenile at every stage of the proceeding.

275,147h Section 147h. 938.235 (4) (a) 7g. of the statutes is created to read:

938.235 (4) (a) 7g. Petition for the appointment of a guardian under s. 48.977 (2), the revision of a guardianship order under s. 48.977 (6) or the removal of a guardian under s. 48.977 (7).

275,147i Section 147i. 938.235 (4) (a) 7m. of the statutes is created to read:

938.235 (4) (a) 7m. Bring an action or motion for the determination of the juvenile's paternity under s. 767.45.

275,147im Section 147im. 938.24 (5) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.24 (5) The intake worker shall recommend request that a petition be filed, enter into a deferred prosecution agreement or close the case within 40 days or sooner of receipt of referral information. If the case is closed or a deferred prosecution agreement is entered into, the district attorney, corporation counsel or other official under s. 938.09 shall receive written notice of such action. In addition, if a deferred prosecution agreement is entered into placing a juvenile in a youth village program as described in s. 118.42, the judge or juvenile court commissioner shall receive written notice of such action and, on receipt of that notice, shall enter an order requiring compliance with that agreement. A notice of deferred prosecution of an alleged delinquency case shall include a summary of the facts surrounding the allegation and a list of prior intake referrals and dispositions. If a law enforcement officer has made a recommendation concerning the juvenile, the intake worker shall forward this recommendation to the district attorney under s. 938.09. Notwithstanding the requirements of this section, the district attorney may initiate a delinquency petition under s. 938.25 within 20 days after notice that the case has been closed or that a deferred prosecution agreement has been entered into. The judge shall grant appropriate relief as provided in s. 938.315 (3) with respect to any such petition which is not referred or filed within the time limits specified within this subsection.

275,147j Section 147j. 938.27 (3) (a) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.27 (3) (a) 1. and amended to read:

938.27 (3) (a) 1. The court shall also notify, under s. 938.273, the juvenile and, any parent, guardian and legal custodian of the juvenile, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile and any person specified in par. (b), if applicable, of all hearings involving the juvenile under this subchapter, except hearings on motions for which notice need only be provided to the juvenile and his or her counsel. Where parents entitled to notice have the same place of residence, notice to one shall constitute notice to the other. The first notice to any interested party, foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) shall be written and may have a copy of the petition attached to it. Thereafter, notice of 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.

275,147k Section 147k. 938.27 (3) (a) 2. of the statutes is created to read:

938.27 (3) (a) 2. Failure to give notice under subd. 1. to a foster parent, treatment 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, treatment foster parent or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under subd. 1. and if the court is required under this chapter to permit that person to make a written or oral statement at the hearing or to submit a written statement prior to the hearing and that person does not make or submit such statement, 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.

275,147L Section 147L. 938.299 (1) (ag) of the statutes is created to read: