AB130-SSA1,51,2119
48.30
(10) The court may permit any party to participate in hearings under this
20section by telephone or live audio-visual means
except a child who intends to admit
21the facts of a delinquency petition.
AB130-SSA1,52,223
48.31
(1) In this section, "fact-finding hearing" means
a hearing to determine
24if the allegations of a petition under s. 48.12 or 48.13 (12) are supported beyond a
25reasonable doubt or a hearing to determine if the allegations in a petition
or citation
1under s.
48.125 or 48.13
(1) to (11) or a petition to terminate parental rights are
2proved by clear and convincing evidence.
AB130-SSA1,52,154
48.31
(2) The hearing shall be to the court unless the child, parent, guardian
5or legal custodian exercises the right to a jury trial by demanding a jury trial at any
6time before or during the plea hearing. Chapters 756 and 805 shall govern the
7selection of jurors
except that ss. 972.03 and 972.04 shall apply in cases in which the
8juvenile is alleged to be delinquent under s. 48.12. If the hearing involves a child
9victim or witness, as defined in s. 950.02, the court may order the taking and allow
10the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district
11attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or
12jury shall make a determination of the facts. If the court finds that the child is not
13within the jurisdiction of the court or the court or jury finds that the facts alleged in
14the petition
or citation have not been proved, the court shall dismiss the petition
or
15citation with prejudice.
AB130-SSA1,53,1017
48.31
(4) The court or jury shall make findings of fact and the court shall make
18conclusions of law relating to the allegations of a petition filed under s. 48.13
(1) to
19(11m). In cases alleging a child to be in need of protection or services under s. 48.13
20(11), the court shall not find that the child is suffering serious emotional damage
21unless a licensed physician specializing in psychiatry or a licensed psychologist
22appointed by the court to examine the child has testified at the hearing that in his
23or her opinion the condition exists, and adequate opportunity for the
24cross-examination of the physician or psychologist has been afforded. The judge
25may use the written reports if the right to have testimony presented is voluntarily,
1knowingly and intelligently waived by the guardian ad litem or legal counsel for the
2child and the parent or guardian. In cases alleging a child to be in need of protection
3and services under s. 48.13 (11m), the court shall not find that the child is in need
4of treatment and education for needs and problems related to the use or abuse of
5alcohol beverages or controlled substances and its medical, personal, family or social
6effects unless an assessment for alcohol and other drug abuse that conforms to the
7criteria specified under s. 48.547 (4) has been conducted by an approved treatment
8facility.
In cases alleging a child delinquent or in need of protection or services under
9s. 48.13 (12) the court shall make findings relating to the proof of the violation of law
10and to the proof that the child named in the petition committed the violation alleged.
AB130-SSA1,53,2312
48.32
(1) At any time after the filing of a petition for a proceeding relating to
13s.
48.12 or 48.13 and before the entry of judgment, the judge or juvenile court
14commissioner may suspend the proceedings and place the child under supervision
15in the child's own home or present placement. The court may establish terms and
16conditions applicable to the parent, guardian or legal custodian, and to the child
,
17including any conditions specified in subs. (1d), (1g) and (1t). The order under this
18section shall be known as a consent decree and must be agreed to by the child if 12
19years of age or older; the parent, guardian or legal custodian; and the person filing
20the petition under s. 48.25.
If the consent decree includes any conditions specified
21in sub. (1g), the consent decree shall include provisions for payment of the services
22as specified in s. 48.361. The consent decree shall be reduced to writing and given
23to the parties.
AB130-SSA1,54,86
48.32
(2) (a)
Except as provided in par. (b), a A consent decree shall remain in
7effect up to 6 months unless the child, parent, guardian or legal custodian is
8discharged sooner by the judge or juvenile court commissioner.
AB130-SSA1,54,1512
48.32
(5) (a) The court refuses to enter into a consent decree and the allegations
13in the petition remain to be decided in a hearing where
the child denies the
14allegations of delinquency or one of the parties denies the allegations forming the
15basis for a child in need of protection or services petition; or
AB130-SSA1,54,1817
48.32
(5) (b) A consent decree is granted but the petition under s.
48.12 or 48.13
18is subsequently reinstated.
AB130-SSA1,54,2421
48.33
(1) Report required. (intro.) Before the disposition of a child adjudged
22to be
delinquent or in need of protection or services the court shall designate an
23agency, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the
24following:
AB130-SSA1, s. 228
1Section
228. 48.33 (3) of the statutes, as affected by 1993 Wisconsin Acts 385
2and 481, is repealed.
AB130-SSA1,55,106
48.33
(4m) Support recommendations; information to parents. (intro.) In
7making a recommendation for an amount of child support under sub.
(3) or (4), the
8agency shall consider the factors that the court considers under s. 46.10 (14) (c) for
9deviation from the percentage standard. Prior to the dispositional hearing under s.
1048.335, the agency shall provide the child's parent with all of the following:
AB130-SSA1,55,1814
48.335
(1) The court shall conduct a hearing to determine the disposition of a
15case in which a child is adjudged
to be delinquent under s. 48.12, to have violated a
16civil law or ordinance under s. 48.125 or to be in need of protection or services under
17s. 48.13
, except the court shall proceed as provided by s. 48.237 (2) if a citation is
18issued and the child fails to contest the citation.
AB130-SSA1, s. 234
20Section
234. 48.34 (intro.) of the statutes, as affected by 1995 Wisconsin Acts
2122 and 24, is repealed.
AB130-SSA1,56,5
148.345
(2) Place the child under supervision of an agency, the department
of
2corrections, if the department
of corrections approves, or a suitable adult, including
3a friend of the child, under conditions prescribed by the judge including reasonable
4rules for the child's conduct, designed for the physical, mental and moral well-being
5and behavior of the child.
AB130-SSA1,56,158
48.345
(2m) Place the child in the child's home under the supervision of an
9agency
, or the department
of health and social services, if the child is in need of
10protection or services and that, if the department approves,
or the department of
11corrections, if the child is delinquent and that department approves, and order the
12agency or department to provide specified services to the child and the child's family,
13which may include but are not limited to individual, family or group counseling,
14homemaker or parent aide services, respite care, housing assistance, day care or
15parent skills training.
AB130-SSA1, s. 257
19Section
257. 48.34 (10) (title) of the statutes is renumbered 48.345 (10) (title).
AB130-SSA1, s. 259
22Section
259. 48.34 (10) (b) of the statutes is renumbered 48.345 (10) (b).
AB130-SSA1, s. 260
23Section
260. 48.34 (10) (c) of the statutes is renumbered 48.345 (10) (c).
AB130-SSA1, s. 270
9Section
270. 48.345 (1) (intro.) and (e) of the statutes are consolidated,
10renumbered 48.345 (intro.) and amended to read:
AB130-SSA1,58,18
1148.345 Disposition of child adjudged in need of protection or services.
12(intro.) If the judge finds that the child is in need of protection or services, the judge
13shall enter an order deciding one or more of the dispositions of the case as provided
14in
s. 48.34 this section under a care and treatment plan
, except that the order may
15not
do any of the following: (e) Place place any child not specifically found under chs.
1646, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have
17exceptional educational needs in facilities which exclusively treat those categories
18of children.
The dispositions under this section are as follows:
AB130-SSA1, s. 278
2Section
278. 48.35 (intro.) of the statutes is renumbered 48.35 (1) (a).
AB130-SSA1,59,65
48.35
(1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction
6under this chapter
and ch. 938; or
AB130-SSA1,59,2312
48.355
(1) Intent. In any order under s.
48.34 or 48.345 the judge shall decide
13on a placement and treatment finding based on evidence submitted to the judge. The
14disposition shall employ those means necessary to maintain and protect the child's
15well-being which are the least restrictive of the rights of the parent or child and
16which assure the care, treatment or rehabilitation of the child and the family,
17consistent with the protection of the public. Wherever possible, and, in cases of child
18abuse and neglect, when it is consistent with the child's best interest in terms of
19physical safety and physical health the family unit shall be preserved and there shall
20be a policy of transferring custody from the parent only where there is no less drastic
21alternative.
If information under s. 48.331 has been provided in a court report under
22s. 48.33 (1), the court shall consider that information when deciding on a placement
23and treatment finding.
AB130-SSA1,60,3
148.355
(2) (b) 5. For a child placed outside his or her home pursuant to an order
2under s.
48.34 (3) or 48.345, a permanency plan under s. 48.38 if one has been
3prepared.
