1995 Wisconsin Act 77

77,369 Section 369 . 48.59 (1) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

48.59 (1) The county department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.34 (4n) 48.345 and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child. The county department shall screen a child who is examined under this subsection to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department.

77,370 Section 370 . 48.595 of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

77,371 Section 371 . 48.60 (2) (h) of the statutes is created to read:

48.60 (2) (h) A youth village program as described in s. 118.42.

77,372 Section 372 . 48.63 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.63 (1) Acting pursuant to court order or voluntary agreement, the child's parent or guardian or the department of health and social services, the department of corrections, a county department or a child welfare agency licensed to place children in foster homes or treatment foster homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 6 months. A group home placement under a voluntary agreement may not exceed 15 days. These time limitations do not apply to placements made under ss. 48.34 and s. 48.345, 938.183, 938.34 or 938.345. Voluntary agreements may be made only under this subsection and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older.

77,373 Section 373 . 48.66 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.66 (1) The department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 48.48 and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody children who have been convicted under s. 938.183 or adjudicated delinquent under s. 48.34 938.34 (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those children.

77,374 Section 374 . 48.68 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.68 (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under s. 48.67. In determining whether to issue a license, the department may consider any action by the applicant, or by an employe of the applicant, that constitutes a substantial failure by the applicant or employe to protect and promote the health, safety and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 48.22 (7) (b), 48.615 (1) (a) or (b), 48.625 (2) (a) or, 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69. At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.

77,375 Section 375 . 48.78 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.78 (1) In this section, unless otherwise qualified, “agency" means the department of health and social services, the department of corrections, a county department, a licensed child welfare agency, a licensed day care center or a licensed maternity hospital.

77,376 Section 376 . 48.78 (2) (a) of the statutes is amended to read:

48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under sub. (3) or s. 48.371, 48.38 (5) (b) or (d), 48.432, 48.433, 48.93 or 48.981 (7) or by order of the court.

77,377 Section 377 . 48.78 (2) (ag) of the statutes is created to read:

48.78 (2) (ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian or legal custodian of the child who is the subject of the record or upon the request of the child, if 14 years of age or over, to the parent, guardian, legal custodian or child.

77,378 Section 378 . 48.78 (2) (am) of the statutes is created to read:

48.78 (2) (am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian or legal custodian of the child who is the subject of the record or upon the written permission of the child, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian or child specifically identifies the record in the written permission.

77,379 Section 379 . 48.78 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.78 (2) (c) Paragraph (a) does not prohibit the department of health and social services or a county department from using in the media a picture or description of a child in the guardianship of the department or a county department for the purpose of finding adoptive parents for that child.

77,380 Section 380 . 48.78 (2) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

77,381 Section 381 . 48.78 (2) (f) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

77,383 Section 383 . 48.78 (3) of the statutes, as affected by 1995 Wisconsin Act 27, section 2614m, is amended to read:

48.78 (3) If a child adjudged delinquent on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, or has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions supervision, the department may release the child's name and any information about the child that is necessary for the protection of the public or to secure the child's return to the facility or placement. The department shall promulgate rules establishing guidelines for the release of the child's name or information about the child to the public.

77,384 Section 384 . 48.78 (3) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

77,385 Section 385 . 48.79 (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.79 (title) Powers of the department of health and social services. (intro.) The department of health and social services has authority and power:

77,386 Section 386 . 48.795 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

77,387 Section 387 . 48.95 of the statutes is amended to read:

48.95 Withdrawal or denial of petition. Except as provided under s. 48.839 (3) (b), if the petition is withdrawn or denied, the circuit court shall order the case transferred to the court assigned to exercise jurisdiction under this chapter and ch. 938 for appropriate action, except that if parental rights have been terminated and the guardian of the minor is the department, a licensed child welfare agency or a county department under s. 48.57 (1) (e) or (hm), the minor shall remain in the legal custody of the guardian.

77,388 Section 388 . 48.991 of the statutes is renumbered 938.991.

77,389 Section 389 . 48.992 (intro.) and (2) of the statutes are renumbered 938.992 (intro.) and (2).

77,390 Section 390 . 48.992 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 938.992 (1) (a) and amended to read:

938.992 (1) (a) The “appropriate court" of this state to issue a requisition under s. 48.991 938.991 (4) is the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the petitioner's residence, or, if the petitioner is a child welfare agency, the court so assigned for the county where the agency has its principal office, or, if the petitioner is the department of corrections, any court so assigned in the state.

77,391 Section 391 . 48.992 (1) (b) of the statutes is renumbered 938.992 (1) (b) and amended to read:

938.992 (1) (b) The “appropriate court" of this state to receive a requisition under s. 48.991 938.991 (4) or (5) or 48.998 938.998 is the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county where the juvenile is located.

77,392 Section 392 . 48.992 (3) of the statutes is renumbered 938.992 (3) and amended to read:

938.992 (3) Notwithstanding s. 48.991 938.991 (3) (b), “delinquent juvenile" does not include a person subject to an order under s. 48.366 who is confined to a state prison under s. 302.01 or a person subject to an order under s. 938.34 (4h) who is 17 years of age or over.

77,393 Section 393 . 48.993 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 938.993 and amended to read:

938.993 Juvenile compact administrator. (1) Under the interstate compact on juveniles, the governor may designate an officer or employe of the department of corrections to be the compact administrator, who, acting jointly with like officers of other party states, shall promulgate rules to carry out more effectively the terms of the compact. The compact administrator shall serve subject to the pleasure of the governor. If there is a vacancy in the office of compact administrator or in the case of absence or disability, the functions shall be performed by the secretary of corrections, or other employe designated by the secretary. The compact administrator may cooperate with all departments, agencies and officers of and in the government of this state and its political subdivisions in facilitating the proper administration of the compact or of any supplementary agreement entered into by this state.

(2) The compact administrator shall determine for this state whether to receive juvenile probationers and parolees of other states under s. 48.991 938.991 (7) and shall arrange for the supervision of each such probationer or parolee received, either by the department of corrections or by a person appointed to perform supervision service for the court assigned to exercise jurisdiction under this chapter ch. 48 for the county where the juvenile is to reside, whichever is more convenient. Those persons shall in all such cases make periodic reports to the compact administrator regarding the conduct and progress of the juveniles.

77,394 Section 394 . 48.994 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 938.994 and amended to read:

938.994 Supplementary agreements. The department of corrections may enter into supplementary agreements with appropriate officials of other states under s. 48.991 938.991 (10). If the supplementary agreement requires or contemplates the use of any institution or facility of this state or the provision of any service by this state, the supplementary agreement has no effect until approved by the department or agency under whose jurisdiction the institution or facility is operated or which shall be charged with the rendering of the service.

77,395 Section 395 . 48.995 (intro.) and (1) of the statutes are renumbered 938.995 (intro.) and (1) and amended to read:

938.995 Financial arrangements. (intro.) The expense of returning juveniles to this state pursuant to s. 48.991 938.991 shall be paid as follows:

(1) In the case of a runaway under s. 48.991 938.991 (4), the court making the requisition shall inquire summarily regarding the financial ability of the petitioner to bear the expense and if it finds the petitioner is able to do so, shall order the petitioner to pay all the expenses of returning the juvenile; otherwise the court shall arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for that person's actual and necessary expenses; and the court may order that the petitioner reimburse the county for so much of the expense as the court finds the petitioner is able to pay. If the petitioner fails, without good cause, or refuses to pay that sum, the petitioner may be proceeded against for contempt.

77,396 Section 396 . 48.995 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 938.995 (2) and amended to read:

938.995 (2) In the case of an escapee or absconder under s. 48.991 938.991 (5) or (6), if the juvenile is in the legal custody or under the supervision of the department of corrections, it shall bear the expense of his or her return; otherwise the appropriate court shall, on petition of the person entitled to the juvenile's custody or charged with his or her supervision, arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection “appropriate court" means the court which adjudged the juvenile to be delinquent or, if the juvenile is under supervision for another state under s. 48.991 938.991 (7), then the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the juvenile's residence during the supervision.

77,397 Section 397 . 48.995 (3) and (4) of the statutes are renumbered 938.995 (3) and (4) and amended to read:

938.995 (3) In the case of a voluntary return of a runaway without requisition under s. 48.991 938.991 (6), the person entitled to the juvenile's legal custody shall pay the expense of transportation and the actual and necessary expenses of the person, if any, who returns the juvenile; but if the person is financially unable to pay all the expenses he or she may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the petitioner's residence for an order arranging for the transportation as provided in sub. (1). The court shall inquire summarily into the financial ability of the petitioner and, if it finds the petitioner is unable to bear any or all of the expense, the court shall arrange for the transportation at the expense of the county and shall order the county to reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. The court may order that the petitioner reimburse the county for so much of the expense as the court finds the petitioner is able to pay. If the petitioner fails, without good cause, or refuses to pay that sum, he or she may be proceeded against for contempt.

(4) In the case of a juvenile subject to a petition under s. 48.998 938.998, the appropriate court shall arrange for the transportation at the expense of the county in which the violation of criminal law is alleged to have been committed and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection “appropriate court" means the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county in which the violation of criminal law is alleged to have been committed.

77,398 Section 398 . 48.996 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 938.996.

77,399 Section 399 . 48.997 of the statutes is renumbered 938.997.

77,400 Section 400 . 48.998 of the statutes is renumbered 938.998, and 938.998 (2), as renumbered, is amended to read:

938.998 (2) All provisions and procedures of s. 48.991 938.991 (5) and (6) shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile, charged with being a delinquent by reason of violating any criminal law shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in s. 48.991 938.991 (5) shall be forwarded by the judge of the court in which the petition has been filed.

77,401 Section 401 . 49.19 (4) (c) of the statutes is amended to read:

49.19 (4) (c) The person having the care and custody of the dependent child must be fit and proper to have the child. Aid shall not be denied by the county department under s. 46.215 or 46.22 on the grounds that a person is not fit and proper to have the care and custody of the child until the county department obtains a finding substantiating that fact from a court assigned to exercise jurisdiction under ch. chs. 48 and 938 or other court of competent jurisdiction; but in appropriate cases it is the responsibility of the county department to petition under ch. 48 or refer the case to a proper child protection agency.

77,402 Section 402 . 49.46 (1) (a) 5. of the statutes is amended to read:

49.46 (1) (a) 5. Any child in an adoption assistance, foster care or treatment foster care placement under ch. 48 or 938, as determined by the department.

77,403 Section 403 . 49.90 (1m) of the statutes is amended to read:

49.90 (1m) Each spouse has an equal obligation to support the other spouse as provided in this chapter. Each parent has an equal obligation to support his or her minor children as provided in this chapter and ch. chs. 48 and 938. Each parent of a dependent person under the age of 18 has an equal obligation to support the child of the dependent person as provided under sub. (1) (a) 2.

77,404 Section 404. 50.39 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s. 48.02 938.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.

77,405 Section 405 . 51.05 (2) of the statutes is amended to read:

51.05 (2) The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has legal residency authorizes the care, as provided in s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.

77,406 Section 406 . 51.13 (1) (c) of the statutes is amended to read:

51.13 (1) (c) If a minor 14 years of age or older wishes to be admitted to an approved inpatient treatment facility but a parent with legal custody or the guardian refuses to execute the application for admission or cannot be found, or if there is no parent with legal custody, the minor or a person acting on the minor's behalf may petition the court assigned to exercise jurisdiction under ch. chs. 48 and 938 in the county of residence of the parent or guardian for approval of the admission. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines that the parent or guardian's consent is unreasonably withheld or that the parent or guardian cannot be found or that there is no parent with legal custody, and that the admission is proper under the standards prescribed in sub. (4) (d), it shall approve the minor's admission without the parent or guardian's consent. The court may, at the minor's request, temporarily approve the admission pending hearing on the petition. If a hearing is held under this subsection, no review or hearing under sub. (4) is required.

77,407 Section 407 . 51.13 (4) (a) of the statutes is amended to read:

51.13 (4) (a) Within 3 days of the admission of a minor under sub. (1), or within 3 days of application for such admission, whichever occurs first, the treatment director of the facility to which the minor is admitted or, in the case of a center for the developmentally disabled, the director of the center, shall file a verified petition for review of the admission in the court assigned to exercise jurisdiction under ch. chs. 48 and 938 in the county in which the facility is located. The petition shall contain: 1) the name, address and date of birth of the minor; 2) the names and addresses of the parents or guardian; 3) the facts substantiating the petitioner's belief in the minor's need for psychiatric services, or services for developmental disability, alcoholism or drug abuse; 4) the facts substantiating the appropriateness of inpatient treatment in the inpatient treatment facility; 5) the basis for the petitioner's opinion that inpatient care in the facility is the least restrictive treatment consistent with the needs of the minor; and 6) notation of any statement made or conduct demonstrated by the minor in the presence of the director or staff of the facility indicating that inpatient treatment is against the wishes of the minor. A copy of the application for admission and of any relevant professional evaluations shall be attached to the petition.

77,408 Section 408 . 51.13 (4) (b) of the statutes is amended to read:

51.13 (4) (b) If hardship would otherwise occur and if the best interests of the minor would be served thereby, the court may, on its own motion or on the motion of any interested party, remove the petition to the court assigned to exercise jurisdiction under ch. chs. 48 and 938 of the county of residence of the parent or guardian.

77,409 Section 409 . 51.13 (4) (d) of the statutes is amended to read:

51.13 (4) (d) Within 5 days of the filing of the petition, the court assigned to exercise jurisdiction under ch. chs. 48 and 938 shall determine, based on the allegations of the petition and accompanying documents, whether the admission is voluntary on the part of the minor if the minor is 14 years of age or older and whether there is a prima facie showing that the minor is in need of psychiatric services, or services for developmental disability, alcoholism or drug abuse, that the treatment facility offers inpatient therapy or treatment which is appropriate to the minor's needs, and that inpatient care in the treatment facility is the least restrictive therapy or treatment consistent with the needs of the minor. If such a showing is made, the court shall permit voluntary admission. If the court is unable to make such determinations based on the petition and accompanying documents, it shall dismiss the petition as provided in par. (h); or order additional information to be produced as it deems necessary to make such review, and make such determinations within 14 days of admission or application for admission, whichever is sooner; or it may hold a hearing within 14 days of admission or application for admission, whichever is sooner. If a notation of the minor's unwillingness appears on the face of the petition, or if a hearing has been requested by the minor, the minor's counsel, parent or guardian, the court shall hold a hearing to review the admission within 14 days of admission or application for admission, whichever is sooner, and shall appoint counsel to represent the minor if the minor is unrepresented. If the court deems it necessary, it shall also appoint a guardian ad litem to represent the minor.

77,410 Section 410 . 51.13 (4) (h) 2. of the statutes is amended to read:

51.13 (4) (h) 2. Order the petition to be treated as a petition for involuntary commitment and refer it to the court where the review under this section was held, or if it was not held in the county of legal residence of the subject individual's parent or guardian and hardship would otherwise occur and if the best interests of the subject individual would be served thereby, to the court assigned to exercise jurisdiction under ch chs. 48 and 938 in such county for a hearing under s. 51.20 or 51.45 (13).

77,411 Section 411 . 51.13 (4) (h) 4. of the statutes is amended to read:

51.13 (4) (h) 4. If there is a reason to believe the minor is in need of protection or services under s. 48.13 or 938.13, dismiss the petition and authorize the filing of a petition under s. 48.25 (3) or 938.25 (3). The court may release the minor or may order that the minor be taken and held in custody under s. 48.19 (1) (c) or 938.19 (1) (c).

77,412 Section 412 . 51.14 (2) of the statutes is amended to read:

51.14 (2) Mental health review officer. Each court assigned to exercise jurisdiction under ch chs. 48 and 938 shall designate a mental health review officer to review petitions filed under sub. (3).

77,413 Section 413 . 51.15 (1) (a) (intro.), 3. and 4. of the statutes are amended to read:

51.15 (1) (a) (intro.) A law enforcement officer or other person authorized to take a child into custody under ch. 48 or 938 may take an individual into custody if the officer or person has cause to believe that such individual is mentally ill, drug dependent or developmentally disabled, and that the individual evidences any of the following:

3. A substantial probability of physical impairment or injury to himself or herself due to impaired judgment, as manifested by evidence of a recent act or omission. The probability of physical impairment or injury is not substantial under this subdivision if reasonable provision for the individual's protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services or, in the case of a minor, if the individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13 (4). Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's protection available in the community under this subdivision.

4. Behavior manifested by a recent act or omission that, due to mental illness or drug dependency, he or she is unable to satisfy basic needs for nourishment, medical care, shelter or safety without prompt and adequate treatment so that a substantial probability exists that death, serious physical injury, serious physical debilitation or serious physical disease will imminently ensue unless the individual receives prompt and adequate treatment for this mental illness or drug dependency. No substantial probability of harm under this subdivision exists if reasonable provision for the individual's treatment and protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual can receive protective placement under s. 55.06 or, in the case of a minor, if the individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13 (4). The individual's status as a minor does not automatically establish a substantial probability of death, serious physical injury, serious physical debilitation or serious disease under this subdivision. Food, shelter or other care provided to an individual who is substantially incapable of providing the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's treatment or protection available in the community under this subdivision.

77,414 Section 414 . 51.20 (1) (a) 2. b., c. and d. of the statutes are amended to read:

51.20 (1) (a) 2. b. Evidences a substantial probability of physical harm to other individuals as manifested by evidence of recent homicidal or other violent behavior, or by evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them, as evidenced by a recent overt act, attempt or threat to do serious physical harm. In this subd. 2. b., if the petition is filed under a court order under s. 48.30 938.30 (5) (c) 1. or (d) 1., a finding by the court exercising jurisdiction under ch. chs. 48 and 938 that the child committed the act or acts alleged in the petition under s. 48.12 or 48.13 938.12 or 938.13 (12) may be used to prove that the child exhibited recent homicidal or other violent behavior or committed a recent overt act, attempt or threat to do serious physical harm.

c. Evidences such impaired judgment, manifested by evidence of a pattern of recent acts or omissions, that there is a substantial probability of physical impairment or injury to himself or herself. The probability of physical impairment or injury is not substantial under this subd. 2. c. if reasonable provision for the subject individual's protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual is appropriate for protective placement under s. 55.06 or, in the case of a minor, if the individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13 (4). The subject individual's status as a minor does not automatically establish a substantial probability of physical impairment or injury under this subd. 2. c. Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by a person other than a treatment facility, does not constitute reasonable provision for the subject individual's protection available in the community under this subd. 2. c.

d. Evidences behavior manifested by recent acts or omissions that, due to mental illness, he or she is unable to satisfy basic needs for nourishment, medical care, shelter or safety without prompt and adequate treatment so that a substantial probability exists that death, serious physical injury, serious physical debilitation or serious physical disease will imminently ensue unless the individual receives prompt and adequate treatment for this mental illness. No substantial probability of harm under this subd. 2. d. exists if reasonable provision for the individual's treatment and protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual is appropriate for protective placement under s. 55.06 or, in the case of a minor, if the individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13 (4). The individual's status as a minor does not automatically establish a substantial probability of death, serious physical injury, serious physical debilitation or serious disease under this subd. 2. d. Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's treatment or protection available in the community under this subd. 2. d.

77,415 Section 415 . 51.20 (1) (b) of the statutes is amended to read: