Amendment SSA1-AB130

AB130-SSA1, s. 262 Section 262. 48.34 (12) of the statutes is renumbered 48.345 (12).

AB130-SSA1, s. 263 Section 263. 48.34 (13) of the statutes, as affected by 1993 Wisconsin Act 377, is renumbered 48.345 (13).

AB130-SSA1, s. 264 Section 264. 48.34 (14) of the statutes is repealed.

AB130-SSA1, s. 265 Section 265. 48.34 (15) of the statutes is repealed.

AB130-SSA1, s. 266 Section 266. 48.341 of the statutes is repealed.

AB130-SSA1, s. 267 Section 267. 48.342 of the statutes is repealed.

AB130-SSA1, s. 268 Section 268. 48.343 of the statutes is repealed.

AB130-SSA1, s. 269 Section 269. 48.344 of the statutes is repealed.

AB130-SSA1, s. 270 Section 270. 48.345 (1) (intro.) and (e) of the statutes are consolidated, renumbered 48.345 (intro.) and amended to read:

AB130-SSA1,58,18 48.345 Disposition of child adjudged in need of protection or services. (intro.) If the judge finds that the child is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in s. 48.34 this section under a care and treatment plan, except that the order may not do any of the following: (e) Place place any child not specifically found under chs. 46, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have exceptional educational needs in facilities which exclusively treat those categories of children. The dispositions under this section are as follows:

AB130-SSA1, s. 271 Section 271. 48.345 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 272 Section 272. 48.345 (1) (b) of the statutes is repealed.

AB130-SSA1, s. 273 Section 273. 48.345 (1) (c) of the statutes is repealed.

AB130-SSA1, s. 274 Section 274. 48.345 (1) (d) of the statutes is repealed.

AB130-SSA1, s. 275 Section 275. 48.345 (1) (f) of the statutes is repealed.

AB130-SSA1, s. 276 Section 276. 48.345 (2) of the statutes is repealed.

AB130-SSA1, s. 277 Section 277. 48.346 of the statutes is repealed.

AB130-SSA1, s. 278 Section 278. 48.35 (intro.) of the statutes is renumbered 48.35 (1) (a).

AB130-SSA1, s. 279 Section 279. 48.35 (1) (a) of the statutes is repealed.

AB130-SSA1, s. 280 Section 280. 48.35 (1) (b) 2. of the statutes is amended to read:

AB130-SSA1,59,6 48.35 (1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction under this chapter and ch. 938; or

AB130-SSA1, s. 281 Section 281. 48.35 (1) (b) 4. of the statutes is repealed.

AB130-SSA1, s. 282 Section 282. 48.35 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 283 Section 283. 48.355 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-SSA1,59,23 48.355 (1) Intent. In any order under s. 48.34 or 48.345 the judge shall decide on a placement and treatment finding based on evidence submitted to the judge. The disposition shall employ those means necessary to maintain and protect the child's well-being which are the least restrictive of the rights of the parent or child and which assure the care, treatment or rehabilitation of the child and the family, consistent with the protection of the public. Wherever possible, and, in cases of child abuse and neglect, when it is consistent with the child's best interest in terms of physical safety and physical health the family unit shall be preserved and there shall be a policy of transferring custody from the parent only where there is no less drastic alternative. If information under s. 48.331 has been provided in a court report under s. 48.33 (1), the court shall consider that information when deciding on a placement and treatment finding.

AB130-SSA1, s. 284 Section 284. 48.355 (2) (b) 5. of the statutes is amended to read:

AB130-SSA1,60,3 48.355 (2) (b) 5. For a child placed outside his or her home pursuant to an order under s. 48.34 (3) or 48.345, a permanency plan under s. 48.38 if one has been prepared.

AB130-SSA1, s. 285 Section 285. 48.355 (3m) of the statutes is repealed.

AB130-SSA1, s. 286 Section 286. 48.355 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 2465p, is renumbered 48.355 (4) and amended to read:

AB130-SSA1,60,16 48.355 (4) Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child who is under the supervision of the department of corrections under s. 48.34 (4h), (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 17 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

AB130-SSA1, s. 287 Section 287. 48.355 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 2466m, is repealed.

AB130-SSA1, s. 288 Section 288. 48.355 (6) and (6g) of the statutes are repealed.

AB130-SSA1, s. 289 Section 289. 48.355 (7) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-SSA1,60,25 48.355 (7) Orders applicable to parents, guardians, legal custodians and other adults. In addition to any dispositional order entered under s. 48.34 or 48.345, the court may enter an order applicable to a child's parent, guardian or legal custodian or to another adult, as provided under s. 48.45.

AB130-SSA1, s. 290 Section 290. 48.357 (2) of the statutes is amended to read:

AB130-SSA1,61,10 48.357 (2) If emergency conditions necessitate an immediate change in the placement of a child placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1). In emergency situations, the child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 48.34 48.345 (3).

AB130-SSA1, s. 291 Section 291. 48.357 (3) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB130-SSA1, s. 292 Section 292. 48.357 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-SSA1,61,20 48.357 (4) When the child is placed with the department, the department may, after an examination under s. 48.50, place the child in a secured correctional facility or on aftercare or corrective sanctions supervision, either immediately or after a period of placement in a secured correctional facility. The department shall send written notice of the change to the parent, guardian, legal custodian, county department designated under s. 48.34 (4n), if any, and committing court.

AB130-SSA1, s. 293 Section 293. 48.357 (4) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

AB130-SSA1, s. 294 Section 294. 48.357 (4g) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Acts 27 and .... (this act), is repealed.

AB130-SSA1, s. 295 Section 295. 48.357 (4g) (b) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB130-SSA1,62,17 48.357 (4g) (b) The department may waive the time period within which an aftercare plan must be prepared and submitted under par. (a) if the department anticipates that the child will remain in the secured correctional facility for a period exceeding 8 months, or if the child is subject to extended jurisdiction under s. 48.366 or if the child is under corrective sanctions supervision under s. 48.533. If the department has waived the time period within which an aftercare plan must be prepared and submitted and if there will be a reasonable time period after release from the secured correctional facility or from corrective sanctions supervision during which the child may remain subject to court jurisdiction, the department shall notify the county department providing aftercare supervision of the anticipated release date not less than 60 days before the date on which the child will be eligible for release. If the department waives the time limits specified under par. (a), the aftercare plan shall be prepared by the department or prepared and submitted by the county department providing aftercare supervision on or before the date on which the child becomes eligible for release.

AB130-SSA1, s. 296 Section 296. 48.357 (4g) (d) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB130-SSA1,62,22 48.357 (4g) (d) A child may be released from a secured correctional facility or from corrective sanctions supervision whether or not an aftercare plan has been prepared under this subsection.

AB130-SSA1, s. 297 Section 297. 48.357 (4m) of the statutes is amended to read:

AB130-SSA1,63,3 48.357 (4m) The department shall try to release a child to aftercare or corrective sanctions supervision under sub. (4) within 30 days after the date the department determines the child is eligible for the release.

AB130-SSA1, s. 298 Section 298. 48.357 (5) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Acts 27 and .... (this act), is repealed.

AB130-SSA1, s. 299 Section 299. 48.357 (5) (a), (b) and (d) of the statutes, as affected by 1993 Wisconsin Act 385, are amended to read:

AB130-SSA1,63,12 48.357 (5) (a) The department or a county department, whichever has been designated as a child's aftercare provider under s. 48.34 (4n), may revoke the aftercare status of that child. The department may revoke a child's placement in the community under corrective sanctions supervision. Revocation of aftercare or corrective sanctions supervision shall not require prior notice under sub. (1).

AB130-SSA1,63,15 (b) A child on aftercare status may be taken into custody only as provided in ss. 48.19 to 48.21. A child under corrective sanctions supervision may be taken into custody under ss. 48.19 to 48.21 or under s. 48.533 (3).

AB130-SSA1,63,21 (d) A hearing on the revocation shall be conducted by the division of hearings and appeals in the department of administration within 30 days after the child is taken into custody for an alleged violation of the conditions of the child's aftercare or corrective sanctions supervision. This time limit may be waived only upon the agreement of the aftercare or corrective sanctions provider, the child and the child's counsel.

AB130-SSA1, s. 300 Section 300. 48.357 (5) (e) and (g) of the statutes, as created by 1993 Wisconsin Act 385, are amended to read:

AB130-SSA1,64,2 48.357 (5) (e) If the hearing examiner finds that the child has violated a condition of aftercare or corrective sanctions supervision, the hearing examiner shall determine whether confinement in a secured correctional facility is necessary to protect the public or to provide for the child's rehabilitation.

AB130-SSA1,64,7 (g) The department shall promulgate rules setting standards to be used by a hearing examiner to determine whether to revoke a child's aftercare or corrective sanctions status. The standards shall specify that the burden is on the department or county department seeking revocation to show by a preponderance of the evidence that the child violated a condition of aftercare or corrective sanctions supervision.

AB130-SSA1, s. 301 Section 301. 48.36 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,64,22 48.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a disposition made under s. 48.34 or 48.345 or by a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department of health and social services, the department of corrections, or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).

AB130-SSA1,65,6 (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and social services, or the county child and spousal support agency, under s. 46.25 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

AB130-SSA1, s. 302 Section 302. 48.361 (1) (b) of the statutes is amended to read:

AB130-SSA1,65,9 48.361 (1) (b) Any special treatment or care that relates to alcohol or other drug abuse services ordered by a court under s. 48.34 48.345 (6) (a).

AB130-SSA1, s. 303 Section 303. 48.361 (1) (c) of the statutes is amended to read:

AB130-SSA1,65,12 48.361 (1) (c) Any alcohol or other drug abuse treatment or education ordered by a court under s. 48.32 (1g), 48.34 48.345 (6) (a) or (13), 48.343 (10) or 48.344 (2g).

AB130-SSA1, s. 304 Section 304. 48.361 (2) (am) 2. of the statutes is amended to read:

AB130-SSA1,65,16 48.361 (2) (am) 2. If a court in a county that does not have a pilot program under s. 48.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with s. 48.34 48.345 (6) (a) or 48.36.

AB130-SSA1, s. 305 Section 305. 48.362 (2) of the statutes is amended to read:

AB130-SSA1,65,20 48.362 (2) This section applies to the payment of court-ordered special treatment or care under s. 48.34 48.345 (6) (a), whether or not custody has been taken from the parent.

AB130-SSA1, s. 306 Section 306. 48.364 of the statutes is repealed.

AB130-SSA1, s. 307 Section 307. 48.365 (7) of the statutes, as affected by 1995 Wisconsin Act 27, section 2469m, is amended to read:

AB130-SSA1,66,3 48.365 (7) Nothing in this section may be construed to allow any changes in placement or revocation of aftercare or corrective sanctions supervision. Revocation and other changes in placement may take place only under s. 48.357.

AB130-SSA1, s. 308 Section 308. 48.365 (7) of the statutes, as affected by 1995 Wisconsin Acts 27, section 2469p, and .... (this act), is repealed and recreated to read:

AB130-SSA1,66,8 48.365 (7) Nothing in this section may be construed to allow any changes in placement. Revocation and other changes in placement may take place only under s. 48.357.

AB130-SSA1, s. 309 Section 309. 48.366 (5) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,66,12 48.366 (5) (a) 2. The department of corrections or county department ordered under s. 48.34 (4n), 1993 stats., to provide aftercare supervision of the person.

AB130-SSA1, s. 310 Section 310. 48.366 (6) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,66,16 48.366 (6) (a) 2. The department of corrections or county department ordered under s. 48.34 (4n), 1993 stats., to provide aftercare supervision of the person.

AB130-SSA1, s. 311 Section 311. 48.366 (6) (c) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,66,22 48.366 (6) (c) 2. At the time a person subject to an order files a petition under par. (a), he or she shall provide written notice of the petition to the department of corrections or county department, whichever has been ordered under s. 48.34 (4n), 1993 stats., to provide aftercare supervision of the person.

AB130-SSA1, s. 312 Section 312. 48.37 (1) of the statutes is amended to read:

AB130-SSA1,67,3 48.37 (1) A court assigned to exercise jurisdiction under this chapter and ch. 938 may not assess costs or assessments against a child under 14 years of age but may assess costs against a child 14 years of age or older.

AB130-SSA1, s. 313 Section 313. 48.37 (3) of the statutes is repealed.

AB130-SSA1, s. 314 Section 314. 48.373 (1) of the statutes is amended to read:

AB130-SSA1,67,11 48.373 (1) The court assigned to exercise jurisdiction under this chapter and ch. 938 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and ch. 938 determines that reasonable cause exists for the services and that the minor is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 938 and, except as provided in s. 48.296 (4), consents.

AB130-SSA1, s. 315 Section 315. 48.375 (4) (b) 1g. of the statutes is amended to read:

AB130-SSA1,67,22 48.375 (4) (b) 1g. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, in which the minor swears that the pregnancy is the result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the minor did not indicate a freely given agreement to have sexual intercourse. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record and report the sexual intercourse as required under s. 48.981 (2) or (2m) (e). Any minor who makes a false statement under this subdivision, which the minor does not believe is true, is subject to a proceeding under s. 48.12 or 48.13 938.12 or 938.13 (12), whichever is applicable, based on a violation of s. 946.32 (2).

AB130-SSA1, s. 316 Section 316. 48.38 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,68,2 48.38 (1) (a) "Agency" means the department of health and social services, the department of corrections, a county department or a licensed child welfare agency.

AB130-SSA1, s. 317 Section 317. 48.38 (3) (intro.) and (b) of the statutes are consolidated, renumbered 48.38 (3) and amended to read:

AB130-SSA1,68,11 48.38 (3) Time. The agency shall file the permanency plan with the court within 60 days after the date on which the child was first held in physical custody or placed outside of his or her home under a court order, except under either of the following conditions: (b) If that if the child is held for less than 60 days in a secure detention facility, juvenile portion of a county jail or a shelter care facility, no permanency plan is required if the child is returned to his or her home within that period.

AB130-SSA1, s. 318 Section 318. 48.38 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 2476, is repealed.