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.
AB130-SSA1,60,167
48.355
(4) Except as provided under
par. (b) or s. 48.368, all orders under this
8section shall terminate at the end of one year unless the judge specifies a shorter
9period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
10at the end of one year unless the judge specifies a shorter period of time.
No extension
11under s. 48.365 of an original dispositional order may be granted for a child who is
12under the supervision of the department of corrections under s. 48.34 (4h), (4m) or
13(4n) or under the supervision of a county department under s. 48.34 (4n) if the child
14is 17 years of age or older when the original dispositional order terminates. Any
15order made before the child reaches the age of majority shall be effective for a time
16up to one year after its entry unless the judge specifies a shorter period of time.
AB130-SSA1,60,2522
48.355
(7) Orders applicable to parents, guardians, legal custodians and
23other adults. In addition to any dispositional order entered under s.
48.34 or 48.345,
24the court may enter an order applicable to a child's parent, guardian or legal
25custodian or to another adult, as provided under s. 48.45.
AB130-SSA1,61,102
48.357
(2) If emergency conditions necessitate an immediate change in the
3placement of a child placed outside the home, the person or agency primarily
4responsible for implementing the dispositional order may remove the child to a new
5placement, whether or not authorized by the existing dispositional order, without the
6prior notice provided in sub. (1). The notice shall, however, be sent within 48 hours
7after the emergency change in placement. Any party receiving notice may demand
8a hearing under sub. (1). In emergency situations, the child may be placed in a
9licensed public or private shelter care facility as a transitional placement for not
10more than 20 days, as well as in any placement authorized under s.
48.34 48.345 (3).
AB130-SSA1,61,2015
48.357
(4) When the child is placed with the department, the department may,
16after an examination under s. 48.50, place the child in a secured correctional facility
17or on aftercare
or corrective sanctions supervision, either immediately or after a
18period of placement in a secured correctional facility. The department shall send
19written notice of the change to the parent, guardian, legal custodian, county
20department designated under s. 48.34 (4n), if any, and committing court.
AB130-SSA1, s. 293
21Section
293. 48.357 (4) (a) of the statutes, as affected by 1995 Wisconsin Acts
2227 and .... (this act), is repealed.
AB130-SSA1,62,173
48.357
(4g) (b) The department may waive the time period within which an
4aftercare plan must be prepared and submitted under par. (a) if the department
5anticipates that the child will remain in the secured correctional facility for a period
6exceeding 8 months
, or if the child is subject to extended jurisdiction under s. 48.366
7or if the child is under corrective sanctions supervision under s. 48.533. If the
8department has waived the time period within which an aftercare plan must be
9prepared and submitted and if there will be a reasonable time period after release
10from the secured correctional facility
or from corrective sanctions supervision during
11which the child may remain subject to court jurisdiction, the department shall notify
12the county department providing aftercare supervision of the anticipated release
13date not less than 60 days before the date on which the child will be eligible for
14release. If the department waives the time limits specified under par. (a), the
15aftercare plan shall be prepared by the department or prepared and submitted by the
16county department providing aftercare supervision on or before the date on which
17the child becomes eligible for release.
AB130-SSA1,62,2220
48.357
(4g) (d) A child may be released from a secured correctional facility
or
21from corrective sanctions supervision whether or not an aftercare plan has been
22prepared under this subsection.
AB130-SSA1,63,3
148.357
(4m) The department shall try to release a child to aftercare
or
2corrective sanctions supervision under sub. (4) within 30 days after the date the
3department determines the child is eligible for the release.
AB130-SSA1,63,128
48.357
(5) (a) The department or a county department, whichever has been
9designated as a child's aftercare provider under s. 48.34 (4n), may revoke the
10aftercare status of that child.
The department may revoke a child's placement in the
11community under corrective sanctions supervision. Revocation of aftercare
or
12corrective sanctions supervision shall not require prior notice under sub. (1).
AB130-SSA1,63,1513
(b) A child on aftercare status may be taken into custody only as provided in
14ss. 48.19 to 48.21.
A child under corrective sanctions supervision may be taken into
15custody under ss. 48.19 to 48.21 or under s. 48.533 (3).
AB130-SSA1,63,2116
(d) A hearing on the revocation shall be conducted by the division of hearings
17and appeals in the department of administration within 30 days after the child is
18taken into custody for an alleged violation of the conditions of the child's aftercare
19or corrective sanctions supervision. This time limit may be waived only upon the
20agreement of the aftercare
or corrective sanctions provider, the child and the child's
21counsel.
AB130-SSA1,64,224
48.357
(5) (e) If the hearing examiner finds that the child has violated a
25condition of aftercare
or corrective sanctions supervision, the hearing examiner shall
1determine whether confinement in a secured correctional facility is necessary to
2protect the public or to provide for the child's rehabilitation.
AB130-SSA1,64,73
(g) The department shall promulgate rules setting standards to be used by a
4hearing examiner to determine whether to revoke a child's aftercare
or corrective
5sanctions status. The standards shall specify that the burden is on the department
6or county department seeking revocation to show by a preponderance of the evidence
7that the child violated a condition of aftercare
or corrective sanctions supervision.
AB130-SSA1,64,2210
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
11court otherwise designates an alternative placement for the child by a disposition
12made under s.
48.34 or 48.345 or by a change in placement under s. 48.357, the duty
13of the parent or guardian or, in the case of a transfer of guardianship and custody
14under s. 48.839 (4), the duty of the former guardian to provide support shall continue
15even though the legal custodian or the placement designee may provide the support.
16A copy of the order transferring custody or designating alternative placement for the
17child shall be submitted to the agency or person receiving custody or placement and
18the agency or person may apply to the court for an order to compel the parent or
19guardian to provide the support. Support payments for residential services, when
20purchased or otherwise funded or provided by the department
of health and social
21services, the department of corrections, or a county department under s. 46.215,
2246.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).
AB130-SSA1,65,623
(b) In determining the amount of support under par. (a), the court may consider
24all relevant financial information or other information relevant to the parent's
25earning capacity, including information reported to the department
of health and
1social services, or the county child and spousal support agency, under s. 46.25 (2m).
2If the court has insufficient information with which to determine the amount of
3support, the court shall order the child's parent to furnish a statement of income,
4assets, debts and living expenses, if the parent has not already done so, to the court
5within 10 days after the court's order transferring custody or designating an
6alternative placement is entered or at such other time as ordered by the court.
AB130-SSA1,65,98
48.361
(1) (b) Any special treatment or care that relates to alcohol or other drug
9abuse services ordered by a court under s.
48.34
48.345 (6) (a).
