AB130-SSA1,69,218
48.396
(1) Peace Law enforcement officers' records of children shall be kept
19separate from records of adults.
Peace Law enforcement officers' records of children
20shall not be open to inspection or their contents disclosed except under sub.
(1g) or 21(1m)
or (5) or s. 48.293 or by order of the court. This subsection does not apply to the
22representatives of newspapers or other reporters of news who wish to obtain
23information for the purpose of reporting news without revealing the identity of the
24child involved, to the confidential exchange of information between the police and
25officials of the school attended by the child or other law enforcement or social welfare
1agencies or to children
16 10 years of age or older who are
transferred to the criminal
2courts subject to the jurisdiction of the court of criminal jurisdiction.
AB130-SSA1,69,74
48.396
(1g) If requested by the parent, guardian or legal custodian of a child
5who is the subject of a law enforcement officer's report, or if requested by the child,
6if 14 years of age or over, a law enforcement agency may, subject to official agency
7policy, provide to the parent, guardian, legal custodian or child a copy of that report.
AB130-SSA1, s. 322
8Section
322. 48.396 (1m) of the statutes is repealed and recreated to read:
AB130-SSA1,69,149
48.396
(1m) Upon the written permission of the parent, guardian or legal
10custodian of a child who is the subject of a law enforcement officer's report or upon
11the written permission of the child, if 14 years of age or over, a law enforcement
12agency may, subject to official agency policy, make available to the person named in
13the permission any reports specifically identified by the parent, guardian, legal
14custodian or child in the written permission.
AB130-SSA1,69,2116
48.396
(2) (a) Records of the court assigned to exercise jurisdiction under this
17chapter
and ch. 938 and of courts exercising jurisdiction under s. 48.16
or 48.17 (2) 18shall be entered in books or deposited in files kept for that purpose only. They shall
19not be open to inspection or their contents disclosed except by order of the court
20assigned to exercise jurisdiction under this chapter
and ch. 938 or as permitted under
21this section or s. 48.375 (7) (e).
AB130-SSA1,70,423
48.396
(2) (ag) Upon request of the parent, guardian or legal custodian of a
24child who is the subject of a record of a court specified in par. (a), or upon request of
25the child, if 14 years of age or over, the court shall open for inspection by the parent,
1guardian, legal custodian or child the records of the court relating to that child,
2unless the court finds, after due notice and hearing, that inspection of those records
3by the parent, guardian or legal custodian would result in imminent danger to the
4child.
AB130-SSA1,70,106
48.396
(2) (am) Upon the written permission of the parent, guardian or legal
7custodian of a child who is the subject of a record of a court specified in par. (a), the
8court shall open for inspection by the person named in the permission any records
9specifically identified by the parent, guardian, legal custodian or child in the written
10permission.
AB130-SSA1,70,1813
48.396
(2) (b) Upon request of the department
of health and social services, the
14department of corrections or a federal agency to review court records for the purpose
15of monitoring and conducting periodic evaluations of activities as required by and
16implemented under
45 CFR 1355,
1356 and
1357, the court shall open those records
17for inspection by authorized representatives of the
requesting department or federal
18agency.
AB130-SSA1,71,96
48.415
(1) (a) 2. The child has been placed, or continued in a placement, outside
7the parent's home by a court order containing the notice required by s. 48.356 (2)
or
8938.356 (2) and the parent has failed to visit or communicate with the child for a
9period of 6 months or longer; or
AB130-SSA1,71,1511
48.415
(2) (a) That the child has been adjudged to be in need of protection or
12services and placed, or continued in a placement, outside his or her home pursuant
13to one or more court orders under s. 48.345, 48.357, 48.363
or, 48.365
, 938.345,
14938.357, 938.363 or 938.365 containing the notice required by s. 48.356 (2)
or 938.356
15(2).
AB130-SSA1,71,2418
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
19described in s.
48.12 or 48.13 it appears that any person 17 or older has been guilty
20of contributing to, encouraging, or tending to cause by any act or omission, such
21condition of the child, the judge may make orders with respect to the conduct of such
22person in his or her relationship to the child, including orders determining the ability
23of the person to provide for the maintenance or care of the child and directing when,
24how and where funds for the maintenance or care shall be paid.
AB130-SSA1,72,5
148.45
(1) (b) An act or failure to act contributes to a condition of a child as
2described in s.
48.12 or 48.13, although the child is not actually adjudicated to come
3within the provisions of s.
48.12 or 48.13, if the natural and probable consequences
4of that act or failure to act would be to cause the child to come within the provisions
5of s.
48.12 or 48.13.
AB130-SSA1,72,158
48.45
(1m) (a) In a proceeding in which a child has been
adjudicated delinquent
9or has been found to be in need of protection or services
under s. 48.13, the judge may
10order the child's parent, guardian or legal custodian to comply with any conditions
11determined by the judge to be necessary for the child's welfare. An order under this
12paragraph may include an order to participate in mental health treatment, anger
13management, individual or family counseling or parent training and education and
14to make a reasonable contribution, based on ability to pay, toward the cost of those
15services.
AB130-SSA1,72,1917
48.48
(13) To promulgate rules for the payment of an allowance to children in
18its institutions and a cash grant to a child being discharged from its institutions or
19released to aftercare
or corrective sanctions supervision.
AB130-SSA1, s. 342
20Section
342. 48.48 (13) of the statutes, as affected by 1995 Wisconsin Acts 27
21and .... (this act), is repealed and recreated to read:
AB130-SSA1,72,2322
48.48
(13) To promulgate rules for the payment of an allowance to children in
23its institutions and a cash grant to a child being discharged from its institutions.
AB130-SSA1,73,53
48.51
(1) (intro.) At least 15 days prior to the date of release of a child from a
4secured correctional facility
or a placement in the community under the corrective
5sanctions program, the department of health and social services shall:
AB130-SSA1, s. 345
6Section
345. 48.51 (1) (intro.) of the statutes, as affected by 1995 Wisconsin
7Acts 27 and .... (this act), is repealed.
AB130-SSA1,73,11
1048.52 (title)
Facilities for care of children in care of department of
11health and social services.
AB130-SSA1,73,1313
48.52
(1) (c) Group homes;
and
AB130-SSA1, s. 349
16Section
349. 48.533 of the statutes, as affected by 1995 Wisconsin Acts 27 and
17.... (this act), is repealed.
AB130-SSA1,74,420
48.533
(3) (a) A participant in the
corrective sanctions program
under sub. (2) 21remains under the supervision of the department, remains subject to the rules and
22discipline of that department and is considered to be in custody, as defined in s.
23946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, if a child violates a condition of
24that child's participation in the
corrective sanctions program
under sub. (2) the
25department may, without a hearing, take the child into custody and
place the child
1in a secure detention facility or return the child to placement in a
Type 1 secured
2correctional facility
for up to 72 hours as a sanction for that violation. If the child is
3returned to a secured correctional facility, for longer than 72 hours, the child is
4entitled to a hearing under s. 48.357 (5).
AB130-SSA1,74,7
5(3m) (title)
Escape. If a child runs away from the child's placement in the
6community while participating in the
corrective sanctions program
under sub. (2),
7that child is considered to have escaped in violation of s. 946.42 (3) (c).
AB130-SSA1,74,199
48.533
(3) (b) The department shall operate the corrective sanctions program
10as a Type 2 secured correctional facility. The secretary may allocate and reallocate
11existing and future facilities as part of the Type 2 secured correctional facility. The
12Type 2 secured correctional facility is subject to s. 46.03 (1). Construction or
13establishment of a Type 2 secured correctional facility shall be in compliance with
14all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48
15(13), construction or establishment of a Type 2 secured correctional facility is not
16subject to the ordinances or regulations relating to zoning, including zoning under
17ch. 91, of the county and city, village or town in which the construction or
18establishment takes place and is exempt from the investigations permitted under s.
1946.22 (1) (c) 1. b.
AB130-SSA1,75,142
48.547
(1) Legislative findings and purpose. The legislature finds that the use
3and abuse of alcohol and other drugs by children is a state responsibility of statewide
4dimension. The legislature recognizes that there is a lack of adequate procedures to
5screen, assess and treat children for alcohol and other drug abuse. To reduce the
6incidence of alcohol and other drug abuse by children, the legislature deems it
7necessary to experiment with solutions to the problems of the use and abuse of
8alcohol and other drugs by children by establishing a juvenile alcohol and other drug
9abuse pilot program in a limited number of counties. The purpose of the program is
10to develop intake and court procedures that screen, assess and give new dispositional
11alternatives for children with needs and problems related to the use of alcohol
12beverages or controlled substances who come within the jurisdiction of a court
13assigned to exercise jurisdiction under this chapter
and ch. 938 in the pilot counties
14selected by the department.
AB130-SSA1,75,2316
48.547
(4) Assessment criteria. By September 1, 1988, the department shall
17develop uniform alcohol and other drug abuse assessment criteria to be used in the
18pilot program under ss. 48.245 (2) (a) 3.
, and 48.295 (1)
, 48.32 (1g), 48.343 (10) and
1948.344 (2g). An approved treatment facility that assesses a person under
ss. s. 48.245
20(2) (a) 3.
, or 48.295 (1)
, 48.32 (1g), 48.343 (10) and 48.344 (2g) may not also provide
21the person with treatment unless the department permits the approved treatment
22facility to do both in accordance with the criteria established by rule by the
23department.
AB130-SSA1,76,2214
48.57
(1) (a) To investigate the conditions surrounding
delinquent children, 15nonmarital children and children in need of protection or services including
16developmentally disabled children within the county and to take every reasonable
17action within its power to secure for them the full benefit of all laws enacted for their
18benefit. Unless provided by another agency, the county department shall offer social
19services to the caretaker of any child who is referred to it under the conditions
20specified in this paragraph. This duty shall be discharged in cooperation with the
21court and with the public officers or boards legally responsible for the administration
22and enforcement of these laws.
AB130-SSA1,77,3
148.58
(1) (b) Provide care for children in need of protection or services
, and
2delinquent
children juveniles referred by the county department, if the delinquent
3children juveniles are placed in separate facilities;
AB130-SSA1,77,75
48.58
(1) (c) Provide temporary shelter care for children in need of protection
6or services and delinquent
children juveniles; provided that the delinquent
children 7juveniles are placed in separate facilities.
AB130-SSA1,77,109
48.58
(1) (d) Provide temporary shelter care for children taken into custody
10under s. 48.19
or 938.19.
AB130-SSA1,77,2413
48.59
(1) The county department shall investigate the personal and family
14history and environment of any child transferred to its legal custody or placed under
15its supervision under s.
48.34 (4n) 48.345 and make any physical or mental
16examinations of the child considered necessary to determine the type of care
17necessary for the child. The county department shall screen a child who is examined
18under this subsection to determine whether the child is in need of special treatment
19or care because of alcohol or other drug abuse, mental illness or severe emotional
20disturbance. The county department shall keep a complete record of the information
21received from the court, the date of reception, all available data on the personal and
22family history of the child, the results of all tests and examinations given the child
23and a complete history of all placements of the child while in the legal custody or
24under the supervision of the county department.
AB130-SSA1,78,44
48.60
(2) (h) A youth village program as described in s. 118.42.
AB130-SSA1,78,227
48.63
(1) Acting pursuant to court order or voluntary agreement, the child's
8parent or guardian or the department of health and social services, the department
9of corrections, a county department or a child welfare agency licensed to place
10children in foster homes or treatment foster homes may place a child or negotiate or
11act as intermediary for the placement of a child in a foster home, treatment foster
12home or group home. Voluntary agreements under this subsection may not be used
13for placements in facilities other than foster, treatment foster or group homes and
14may not be extended. A foster home or treatment foster home placement under a
15voluntary agreement may not exceed 6 months. A group home placement under a
16voluntary agreement may not exceed 15 days. These time limitations do not apply
17to placements made under
ss. 48.34 and s. 48.345
, 938.183, 938.34 or 938.345.
18Voluntary agreements may be made only under this subsection and shall be in
19writing and shall specifically state that the agreement may be terminated at any
20time by the parent or by the child if the child's consent to the agreement is required.
21The child's consent to the agreement is required whenever the child is 12 years of age
22or older.
AB130-SSA1,79,11
148.66
(1) The department shall license and supervise child welfare agencies,
2as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
3as required by s. 48.48 and day care centers, as required by s. 48.65. The department
4may license foster homes or treatment foster homes, as provided by s. 48.62, and may
5license and supervise county departments in accordance with the procedures
6specified in this section and in ss. 48.67 to 48.74. The department of corrections may
7license a child welfare agency to operate a secured child caring institution
, as defined
8in s. 938.02 (15g), for holding in secure custody children who have been
convicted
9under s. 938.183 or adjudicated delinquent under s.
48.34 938.34 (4h) or (4m) and
10referred to the child welfare agency by the court or the department of corrections and
11to provide supervision, care and maintenance for those children.
AB130-SSA1,80,214
48.68
(1) After receipt of an application for a license, the department shall
15investigate to determine if the applicant meets the minimum requirements for a
16license adopted by the department under s. 48.67. In determining whether to issue
17a license, the department may consider any action by the applicant, or by an employe
18of the applicant, that constitutes a substantial failure by the applicant or employe
19to protect and promote the health, safety and welfare of a child. Upon satisfactory
20completion of this investigation and payment of the fee required under s.
48.22 (7)
21(b), 48.615 (1) (a) or (b), 48.625 (2) (a)
or, 48.65 (3) (a)
or 938.22 (7) (b), the department
22shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under
23s. 48.69. At the time of initial licensure and license renewal, the department shall
24provide a foster home licensee with written information relating to the age-related
25monthly foster care rates and supplemental payments specified in s. 48.62 (4),
1including payment amounts, eligibility requirements for supplemental payments
2and the procedures for applying for supplemental payments.
AB130-SSA1,80,85
48.78
(1) In this section, unless otherwise qualified, "agency" means the
6department
of health and social services, the department of corrections, a county
7department, a licensed child welfare agency, a licensed day care center or a licensed
8maternity hospital.
