Feed for /1995/related/acts/77 PDF
46.03 (7) (a) Promote the enforcement of laws for the protection of developmentally disabled children, children in need of protection or services and nonmarital children; and to this end cooperate with courts assigned to exercise jurisdiction under ch. chs. 48 and 938 and licensed child welfare agencies and institutions (public and private) and take the initiative in all matters involving the interests of such children where adequate provision therefor has not already been made, including the establishment and enforcement of standards for services provided under s. 48.345.
77,12 Section 12. 46.041 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under ch. chs. 48 and 938, the institutions and services under the jurisdiction of the department, University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, schools for the deaf and visually handicapped, and mental health facilities within the state at the discretion of the superintendent.
77,13 Section 13. 46.043 of the statutes, as affected by 1995 Wisconsin Act 27, section 2052r, is amended to read:
46.043 Secured adolescent treatment unit. The department shall provide a secured adolescent treatment unit at the Mendota Mental Health Institute. The department may designate not more than 43 beds at the secured adolescent treatment unit as secured correctional facility, as defined in s. 48.02 938.02 (15m), beds. From the appropriation under s. 20.410 (3) (hm), the department of corrections may expend not more than $2,500,000 in fiscal year 1996-97 for services for children placed in that secured adolescent treatment unit. The department of health and social services may charge the department of corrections not more than the actual cost of providing services for children under the supervision of the department of corrections who are provided services at the secured adolescent treatment unit.
77,14 Section 14. 46.10 (1) of the statutes is amended to read:
46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) or ch. 767.
77,15 Section 15. 46.10 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2055, is amended to read:
46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4h) or (4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 938.183 (2), 938.34 (4h) or (4m), 938.357 (4) and (5) (e), 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.
77,16 Section 16. 46.10 (14) (b) of the statutes is amended to read:
46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department under s. 46.25 (9) (a) and by applying the percentage standard in the manner established by the department under s. 46.25 (9) (b).
77,17 Section 17. 46.10 (14) (e) 1. of the statutes, as created by 1993 Wisconsin Act 481, is amended to read:
46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.
77,18 Section 18. 46.206 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
46.206 (1) (b) All records of the department and all county records relating to social services shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding s. ss. 48.396 (2) and 938.396 (2), all county records relating to the administration of such services and public assistance shall be open to inspection at all reasonable hours by authorized representatives of the department.
77,19 Section 19. 46.21 (2) (a) of the statutes is amended to read:
46.21 (2) (a) Shall adopt policies for the management, operation, maintenance and improvement of the county hospital; the detention center; the probation section of the children's court center; the provision and maintenance of the physical facilities for the children's court and its intake section under the supervision and operation of the judges assigned to exercise jurisdiction under ch. chs. 48 and 938 and as provided in s. ss. 48.06 (1) and 938.06 (1); the mental health complex; the county department of human services; the central service departments; and all buildings and land used in connection with any institution under this section. The powers and duties of the county board of supervisors are policy forming only, and not administrative or executive.
77,20 Section 20. 46.215 (1) (h) of the statutes is amended to read:
46.215 (1) (h) To administer child welfare services under ss. 48.56 and 48.57 and juvenile welfare services under s. 938.57, to accept custody and guardianship of children upon the order of a competent court and to place children for adoption and to make recommendations relating to the adoption of children under s. 48.85.
77,21 Section 21. 46.22 (1) (c) 1. b. of the statutes is amended to read:
46.22 (1) (c) 1. b. `State institutions.' Mendota mental health institute, Winnebago mental health institute, university of Wisconsin hospital and clinics, centers for the developmentally disabled and Type 1 secured correctional facilities, as defined in s. 48.02 (15m) (19).
77,22 Section 22. 46.22 (1) (c) 1. b. of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:
46.22 (1) (c) 1. b. `State institutions.' Mendota mental health institute, Winnebago mental health institute, centers for the developmentally disabled and Type 1 secured correctional facilities, as defined in s. 938.02 (19).
77,23 Section 23. 46.22 (1) (c) 1. c. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
46.22 (1) (c) 1. c. `Other institution.' University of Wisconsin Hospitals and Clinics and secured child caring institutions, as defined in s. 938.02 (15g).
77,24 Section 24. 46.22 (1) (c) 5. of the statutes is amended to read:
46.22 (1) (c) 5. Perform the duties and functions prescribed in s. ss. 48.08 and 938.08 when requested to do so by the judge assigned to exercise jurisdiction under ch. chs. 48 and 938.
77,25 Section 25. 46.22 (1) (c) 8. c. of the statutes is amended to read:
46.22 (1) (c) 8. c. Upon the request of the judge assigned to exercise jurisdiction under ch. chs. 48 and 938, the county department of social services shall investigate the home environment and other factors in the life of any child brought to the attention of the court for alleged dependency, neglect, or delinquency, and to assume guidance and supervision of any child placed on probation by that court.
77,26 Section 26. 46.22 (1) (c) 8. e. of the statutes is amended to read:
46.22 (1) (c) 8. e. The county department of social services shall have the powers and duties specified in s. ss. 48.57 and 938.57.
77,27 Section 27. 46.25 (9) (b) of the statutes is amended to read:
46.25 (9) (b) For purposes of determining child support under s. 46.10 (14) (b), the department shall promulgate separate rules related to the application of the standard under par. (a) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355 or, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.
77,28 Section 28. 46.26 (4) (d) 3. of the statutes, as affected by 1995 Wisconsin Act 27, section 2181m, is amended to read:
46.26 (4) (d) 3. Beginning January 1, 1996, and ending June 30, 1996, the per person daily cost assessment to counties shall be $120.73 for care in a juvenile correctional institution Type 1 secured correctional facility, as defined in s. 48.02 (19), $120.73 for care for children transferred from a juvenile correctional institution under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $153.87 for care in a child caring institution, $106.69 for care in a group home for children, $23.80 for care in a foster home, $68.58 for care in a treatment foster home, $86.51 for departmental corrective sanctions services and $12.20 for departmental aftercare services.
77,29 Section 29. 46.26 (4) (d) 3. of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.
77,30 Section 30. 46.275 (4) (b) 1. of the statutes is amended to read:
46.275 (4) (b) 1. Consent for participation is given either by the person's parent, guardian or legal custodian, if the person is under age 18, or by the person or the person's guardian, if the person is age 18 or over, except that this subdivision does not limit the authority of the circuit court to enter, change, revise or extend a dispositional order under subch. VI of ch. 48 or subch. VI of ch. 938 or to order a placement under s. 55.06.
77,31 Section 31. 46.28 (1) (am) 1. of the statutes is amended to read:
46.28 (1) (am) 1. A child adjudged delinquent for whom a case disposition is made under s. 48.34 938.34.
77,32 Section 32. 46.28 (1) (am) 2. of the statutes is amended to read:
46.28 (1) (am) 2. A child found in need of protection or services for whom an order is made under s. 48.345 or 938.345.
77,33 Section 33. 46.56 (3) (a) 5. of the statutes is amended to read:
46.56 (3) (a) 5. The juvenile court administrator or another representative appointed by the judge responsible for cases heard under ch. chs. 48 and 938.
77,34 Section 34. 46.56 (8) (a) of the statutes is amended to read:
46.56 (8) (a) Referrals to the program may come from any county departments, agencies, school districts, cooperative educational service agencies, county handicapped children's education boards, technical college districts, courts assigned to exercise jurisdiction under ch. chs. 48 and 938 or any other organization or the child with severe disabilities or his or her family may contact the administering agency or service coordination agency to request services.
77,35 Section 35. 46.56 (8) (g) of the statutes is amended to read:
46.56 (8) (g) The service coordinator shall assemble the results of all prior relevant assessments and evaluations documenting the service needs of the child with severe disabilities and the child's family, including multidisciplinary team evaluations under s. 115.80 (3) or independent educational evaluations, court-ordered evaluations under s. 48.295 or 938.295, family support program evaluations, community integration program or community options program assessments, and any other available medical, psychiatric, psychological, vocational or developmental evaluations.
77,36 Section 36. 46.56 (8) (h) 5. of the statutes is amended to read:
46.56 (8) (h) 5. Identification of any administrative or judicial procedures under ch. 48, 51, 55, 115 or, 118 or 938 that may be necessary in order to fully implement the integrated service plan and the identity of the individual or organization that will be responsible for initiating those procedures, if any are required.
77,37 Section 37. 46.56 (8) (j) of the statutes is amended to read:
46.56 (8) (j) The proposed integrated service plan shall be submitted to any service providers who would be included in the integrated service plan and the court assigned to exercise jurisdiction under ch. chs. 48 and 938 if participation in the program has been court ordered under s. 48.34 48.345 (6m) or 938.34 (6m).
77,38 Section 38. 46.56 (8) (k) of the statutes is amended to read:
46.56 (8) (k) Upon written approval of the integrated service plan by the proposed service providers and the child's family, unless the child's involvement in the program is through court order under s. 48.355 or 938.355, in which case approval of the court may be substituted for that of the family, the integrated service plan shall be implemented by the service coordination agency and the service providers designated to provide services under the integrated service plan.
77,39 Section 39. 46.56 (14) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
46.56 (14) (a) (intro.) In order to support the development of a comprehensive system of coordinated care for children with severe disabilities and their families, the department shall establish a statewide advisory committee with representatives of county departments, the department of public instruction, educational agencies, professionals experienced in the provision of services to children with severe disabilities, families with children with severe disabilities, advocates for such families and their children, the subunit of the department of industry, labor and human relations that administers vocational rehabilitation, the technical college system, health care providers, courts assigned to exercise jurisdiction under ch. chs. 48 and 938, child welfare officials, and other appropriate persons as selected by the department. The department may use an existing committee for this purpose if it has representatives from the listed groups and is willing to perform the required functions. This committee shall do all of the following:
77,40 Section 40. 48.01 (1) (c) of the statutes is repealed.
77,41 Section 41. 48.01 (1) (d) of the statutes is repealed.
77,42 Section 42. 48.01 (1) (h) of the statutes is repealed.
77,43 Section 43. 48.02 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
48.02 (1) "Adult" means a person who is 18 years of age or older, except that for purposes of prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.
77,44 Section 44. 48.02 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
48.02 (2) "Child" means a person who is less than 18 years of age, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "child" does not include a person who has attained 17 years of age.
77,45 Section 45. 48.02 (2m) of the statutes is amended to read:
48.02 (2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and ch. 938.
77,46 Section 46. 48.02 (3m) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.
77,47 Section 47. 48.02 (9m) of the statutes is repealed.
77,48 Section 48. 48.02 (10) of the statutes is amended to read:
48.02 (10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and ch. 938.
77,49 Section 49. 48.02 (15g) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.
77,50 Section 50. 48.02 (15m) of the statutes, as affected by 1995 Wisconsin Act 27, section 2426m, is amended to read:
48.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the facility at which the juvenile boot camp program under s. 48.532 is operated and a facility authorized under s. 48.533 (3) (b).
77,51 Section 51. 48.02 (15m) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.
77,52 Section 52. 48.02 (19) of the statutes is created to read:
48.02 (19) "Type 1 secured correctional facility" means a secured correctional facility, but excludes any correctional institution that meets the criteria under sub. (15m) solely because of its status under s. 48.533 (3) (b).
77,53 Section 53. 48.02 (19) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.
77,54 Section 54. 48.02 (20) of the statutes is created to read:
48.02 (20) "Type 2 secured correctional facility" means a secured correctional facility that meets the criteria under sub. (15m) solely because of its status under s. 48.533 (3) (b).
77,55 Section 55. 48.02 (20) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.
77,56 Section 56. 48.023 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department of corrections under s. 48.34 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) or the supervision of a county department under s. 48.34 938.34 (4n).
77,57 Section 57. 48.03 (2) of the statutes is amended to read:
48.03 (2) In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and ch. 938, another judge shall be assigned under s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses as provided under s. 753.073.
77,58 Section 58. 48.035 of the statutes is amended to read:
48.035 Court; Menominee and Shawano counties. Menominee county is attached to Shawano county for judicial purposes to the extent of the jurisdiction and functions of the court assigned to exercise jurisdiction under this chapter and ch. 938 and the office and functions of the judge of the court, and the duly designated judge of the court assigned to exercise jurisdiction under this chapter and ch. 938 of the circuit court for Menominee and Shawano counties shall serve in both counties. The county boards of Menominee county and Shawano county shall enter into an agreement on administration of this section and the prorating of expenditures involved, and for such purposes the county board of supervisors of Menominee county may appropriate, levy and collect a sum each year sufficient to pay its share of the expenses. If the 2 county boards are unable to agree on the prorating of expenditure involved, then the circuit judges for the circuit court for Menominee and Shawano counties shall, upon appropriate notice and hearing, determine the prorating of the expenditures on the basis of a fair allocation to each county under such procedure as they prescribe. If the circuit judges are unable to agree, the chief judge of the judicial administrative district shall make the determination.
77,59 Section 59. 48.065 (2) (g) of the statutes is repealed.
77,60 Section 60. 48.065 (2) (gm) of the statutes is amended to read:
48.065 (2) (gm) Conduct uncontested proceedings under ss. 48.12 and s. 48.13.
77,61 Section 61. 48.065 (3) (a) of the statutes is repealed.
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