Amendment SSA1-AB130

AB130-SSA1, s. 337 Section 337. 48.415 (2) (a) of the statutes is amended to read:

AB130-SSA1,71,15 48.415 (2) (a) That the child has been adjudged to be in need of protection or services and placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363 or, 48.365, 938.345, 938.357, 938.363 or 938.365 containing the notice required by s. 48.356 (2) or 938.356 (2).

AB130-SSA1, s. 338 Section 338. 48.45 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,71,24 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.12 or 48.13 it appears that any person 17 or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.

AB130-SSA1, s. 339 Section 339. 48.45 (1) (b) of the statutes is amended to read:

AB130-SSA1,72,5 48.45 (1) (b) An act or failure to act contributes to a condition of a child as described in s. 48.12 or 48.13, although the child is not actually adjudicated to come within the provisions of s. 48.12 or 48.13, if the natural and probable consequences of that act or failure to act would be to cause the child to come within the provisions of s. 48.12 or 48.13.

AB130-SSA1, s. 340 Section 340. 48.45 (1m) (a) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-SSA1,72,15 48.45 (1m) (a) In a proceeding in which a child has been adjudicated delinquent or has been found to be in need of protection or services under s. 48.13, the judge may order the child's parent, guardian or legal custodian to comply with any conditions determined by the judge to be necessary for the child's welfare. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or parent training and education and to make a reasonable contribution, based on ability to pay, toward the cost of those services.

AB130-SSA1, s. 341 Section 341. 48.48 (13) of the statutes is amended to read:

AB130-SSA1,72,19 48.48 (13) To promulgate rules for the payment of an allowance to children in its institutions and a cash grant to a child being discharged from its institutions or released to aftercare or corrective sanctions supervision.

AB130-SSA1, s. 342 Section 342. 48.48 (13) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB130-SSA1,72,23 48.48 (13) To promulgate rules for the payment of an allowance to children in its institutions and a cash grant to a child being discharged from its institutions.

AB130-SSA1, s. 343 Section 343. 48.505 of the statutes, as affected by 1995 Wisconsin Act 27, section 2537m, is repealed.

AB130-SSA1, s. 344 Section 344. 48.51 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, section 2539m, is amended to read:

AB130-SSA1,73,5 48.51 (1) (intro.) At least 15 days prior to the date of release of a child from a secured correctional facility or a placement in the community under the corrective sanctions program, the department of health and social services shall:

AB130-SSA1, s. 345 Section 345. 48.51 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

AB130-SSA1, s. 346 Section 346. 48.52 (title) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,73,11 48.52 (title) Facilities for care of children in care of department of health and social services.

AB130-SSA1, s. 347 Section 347. 48.52 (1) (c) of the statutes is amended to read:

AB130-SSA1,73,13 48.52 (1) (c) Group homes; and

AB130-SSA1, s. 348 Section 348. 48.532 of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 349 Section 349. 48.533 of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

AB130-SSA1, s. 350 Section 350. 48.533 (3) of the statutes, as affected by 1995 Wisconsin Act 27, section 2548, is renumbered 48.533 (3) (a) and amended to read:

AB130-SSA1,74,4 48.533 (3) (a) A participant in the corrective sanctions program under sub. (2) remains under the supervision of the department, remains subject to the rules and discipline of that department and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, if a child violates a condition of that child's participation in the corrective sanctions program under sub. (2) the department may, without a hearing, take the child into custody and place the child in a secure detention facility or return the child to placement in a Type 1 secured correctional facility for up to 72 hours as a sanction for that violation. If the child is returned to a secured correctional facility, for longer than 72 hours, the child is entitled to a hearing under s. 48.357 (5).

AB130-SSA1,74,7 (3m) (title) Escape. If a child runs away from the child's placement in the community while participating in the corrective sanctions program under sub. (2), that child is considered to have escaped in violation of s. 946.42 (3) (c).

AB130-SSA1, s. 351 Section 351. 48.533 (3) (b) of the statutes is created to read:

AB130-SSA1,74,19 48.533 (3) (b) The department shall operate the corrective sanctions program as a Type 2 secured correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 secured correctional facility. The Type 2 secured correctional facility is subject to s. 46.03 (1). Construction or establishment of a Type 2 secured correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 secured correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village or town in which the construction or establishment takes place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.

AB130-SSA1, s. 352 Section 352. 48.534 of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 353 Section 353. 48.535 of the statutes, as affected by 1995 Wisconsin Act 27, section 2549r, is repealed.

AB130-SSA1, s. 354 Section 354. 48.538 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 355 Section 355. 48.547 (1) of the statutes is amended to read:

AB130-SSA1,75,14 48.547 (1) Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by children is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat children for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by children, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by children by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for children with needs and problems related to the use of alcohol beverages or controlled substances who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 938 in the pilot counties selected by the department.

AB130-SSA1, s. 356 Section 356. 48.547 (4) of the statutes is amended to read:

AB130-SSA1,75,23 48.547 (4) Assessment criteria. By September 1, 1988, the department shall develop uniform alcohol and other drug abuse assessment criteria to be used in the pilot program under ss. 48.245 (2) (a) 3., and 48.295 (1), 48.32 (1g), 48.343 (10) and 48.344 (2g). An approved treatment facility that assesses a person under ss. s. 48.245 (2) (a) 3., or 48.295 (1), 48.32 (1g), 48.343 (10) and 48.344 (2g) may not also provide the person with treatment unless the department permits the approved treatment facility to do both in accordance with the criteria established by rule by the department.

AB130-SSA1, s. 357 Section 357. 48.553 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 358 Section 358. 48.554 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 359 Section 359. 48.555 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 360 Section 360. 48.556 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 361 Section 361. 48.557 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 362 Section 362. 48.558 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 363 Section 363. 48.559 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 364 Section 364. 48.57 (1) (a) of the statutes is amended to read:

AB130-SSA1,76,22 48.57 (1) (a) To investigate the conditions surrounding delinquent children, nonmarital children and children in need of protection or services including developmentally disabled children within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any child who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.

AB130-SSA1, s. 365 Section 365. 48.57 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 366 Section 366. 48.58 (1) (b) of the statutes is amended to read:

AB130-SSA1,77,3 48.58 (1) (b) Provide care for children in need of protection or services, and delinquent children juveniles referred by the county department, if the delinquent children juveniles are placed in separate facilities;

AB130-SSA1, s. 367 Section 367. 48.58 (1) (c) of the statutes is amended to read:

AB130-SSA1,77,7 48.58 (1) (c) Provide temporary shelter care for children in need of protection or services and delinquent children juveniles; provided that the delinquent children juveniles are placed in separate facilities.

AB130-SSA1, s. 368 Section 368. 48.58 (1) (d) of the statutes is amended to read:

AB130-SSA1,77,10 48.58 (1) (d) Provide temporary shelter care for children taken into custody under s. 48.19 or 938.19.

AB130-SSA1, s. 369 Section 369. 48.59 (1) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-SSA1,77,24 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.

AB130-SSA1, s. 370 Section 370. 48.595 of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130-SSA1, s. 371 Section 371. 48.60 (2) (h) of the statutes is created to read:

AB130-SSA1,78,4 48.60 (2) (h) A youth village program as described in s. 118.42.

AB130-SSA1, s. 372 Section 372. 48.63 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,78,22 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.

AB130-SSA1, s. 373 Section 373. 48.66 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,79,11 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.

AB130-SSA1, s. 374 Section 374. 48.68 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,80,2 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.

AB130-SSA1, s. 375 Section 375. 48.78 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,80,8 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.

AB130-SSA1, s. 376 Section 376. 48.78 (2) (a) of the statutes is amended to read:

AB130-SSA1,80,13 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.

AB130-SSA1, s. 377 Section 377. 48.78 (2) (ag) of the statutes is created to read:

AB130-SSA1,80,19 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.

AB130-SSA1, s. 378 Section 378. 48.78 (2) (am) of the statutes is created to read:

AB130-SSA1,81,2 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.

AB130-SSA1, s. 379 Section 379. 48.78 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,81,8 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.

AB130-SSA1, s. 380 Section 380. 48.78 (2) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 381 Section 381. 48.78 (2) (f) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 382 Section 382. 48.78 (2) (g) of the statutes is created to read:

AB130-SSA1,81,20 48.78 (2) (g) If an agency discloses information in its records about a child under par. (b), the agency shall immediately notify the child who is the subject of the record and the child's parent, guardian or legal custodian of that disclosure and shall immediately provide to the child and the parent, guardian or legal custodian the information disclosed, unless the agency determines that provision of that information to the parent, guardian or legal custodian would result in imminent danger to the child.

AB130-SSA1, s. 383 Section 383. 48.78 (3) of the statutes, as affected by 1995 Wisconsin Act 27, section 2614m, is amended to read:

AB130-SSA1,82,10 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.

AB130-SSA1, s. 384 Section 384. 48.78 (3) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

AB130-SSA1, s. 385 Section 385. 48.79 (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,82,16 48.79 (title) Powers of the department of health and social services. (intro.) The department of health and social services has authority and power:

AB130-SSA1, s. 386 Section 386. 48.795 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 387 Section 387. 48.95 of the statutes is amended to read:

AB130-SSA1,83,2 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.

AB130-SSA1, s. 388 Section 388. 48.991 of the statutes is renumbered 938.991.

AB130-SSA1, s. 389 Section 389. 48.992 (intro.) and (2) of the statutes are renumbered 938.992 (intro.) and (2).

AB130-SSA1, s. 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:

AB130-SSA1,83,13 938.992 (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.

AB130-SSA1, s. 391 Section 391. 48.992 (1) (b) of the statutes is renumbered 938.992 (1) (b) and amended to read:

AB130-SSA1,83,18 938.992 (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.