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 (this act), is repealed and recreated to read: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 (this act), is repealed.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 (this act), is repealed.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.
AB130-SSA1,80,1310
48.78
(2) (a) No agency may make available for inspection or disclose the
11contents of any record kept or information received about an individual in its care
12or legal custody, except as provided under
sub. (3) or s. 48.371, 48.38 (5) (b) or (d),
1348.432, 48.433, 48.93 or 48.981 (7) or by order of the court.
AB130-SSA1,80,1915
48.78
(2) (ag) Paragraph (a) does not prohibit an agency from making available
16for inspection or disclosing the contents of a record, upon the request of the parent,
17guardian or legal custodian of the child who is the subject of the record or upon the
18request of the child, if 14 years of age or over, to the parent, guardian, legal custodian
19or child.
AB130-SSA1,81,221
48.78
(2) (am) Paragraph (a) does not prohibit an agency from making
22available for inspection or disclosing the contents of a record, upon the written
23permission of the parent, guardian or legal custodian of the child who is the subject
24of the record or upon the written permission of the child, if 14 years of age or over,
1to the person named in the permission if the parent, guardian, legal custodian or
2child specifically identifies the record in the written permission.
AB130-SSA1,81,85
48.78
(2) (c) Paragraph (a) does not prohibit the department
of health and
6social services or a county department from using in the media a picture or
7description of a child in the guardianship of the department or a county department
8for the purpose of finding adoptive parents for that child.
AB130-SSA1,81,2014
48.78
(2) (g) If an agency discloses information in its records about a child
15under par. (b), the agency shall immediately notify the child who is the subject of the
16record and the child's parent, guardian or legal custodian of that disclosure and shall
17immediately provide to the child and the parent, guardian or legal custodian the
18information disclosed, unless the agency determines that provision of that
19information to the parent, guardian or legal custodian would result in imminent
20danger to the child.
AB130-SSA1,82,1023
48.78
(3) If a child adjudged delinquent on the basis of a violation of s. 941.10,
24941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295,
25941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a),
1943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60,
2948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured
3correctional facility,
or has been allowed to leave a secured correctional facility for
4a specified time period and is absent from the facility for more than 12 hours after
5the expiration of the specified period
or has run away from the child's placement in
6the community while under corrective sanctions supervision, the department may
7release the child's name and any information about the child that is necessary for the
8protection of the public or to secure the child's return to the facility
or placement.
9The department shall promulgate rules establishing guidelines for the release of the
10child's name or information about the child to the public.
AB130-SSA1, s. 384
11Section
384. 48.78 (3) of the statutes, as affected by 1995 Wisconsin Acts 27
12and .... (this act), is repealed.
AB130-SSA1,82,16
1548.79 (title)
Powers of the department
of health and social services. 16(intro.) The department
of health and social services has authority and power:
AB130-SSA1,83,2
2048.95 Withdrawal or denial of petition. Except as provided under s. 48.839
21(3) (b), if the petition is withdrawn or denied, the circuit court shall order the case
22transferred to the court assigned to exercise jurisdiction under this chapter
and ch.
23938 for appropriate action, except that if parental rights have been terminated and
24the guardian of the minor is the department, a licensed child welfare agency or a
1county department under s. 48.57 (1) (e) or (hm), the minor shall remain in the legal
2custody of the guardian.
AB130-SSA1, s. 389
4Section
389. 48.992 (intro.) and (2) of the statutes are renumbered 938.992
5(intro.) and (2).
AB130-SSA1,83,138
938.992
(1) (a) The "appropriate court" of this state to issue a requisition under
9s.
48.991 938.991 (4) is the court assigned to exercise jurisdiction under this chapter
10and ch. 48 for the county of the petitioner's residence, or, if the petitioner is a child
11welfare agency, the court so assigned for the county where the agency has its
12principal office, or, if the petitioner is the department
of corrections, any court so
13assigned in the state.
AB130-SSA1, s. 391
14Section
391. 48.992 (1) (b) of the statutes is renumbered 938.992 (1) (b) and
15amended to read:
AB130-SSA1,83,1816
938.992
(1) (b) The "appropriate court" of this state to receive a requisition
17under s.
48.991 938.991 (4) or (5) or
48.998 938.998 is the court assigned to exercise
18jurisdiction under this chapter
and ch. 48 for the county where the juvenile is located.
AB130-SSA1, s. 392
19Section
392. 48.992 (3) of the statutes is renumbered 938.992 (3) and amended
20to read:
AB130-SSA1,83,2421
938.992
(3) Notwithstanding s.
48.991
938.991 (3) (b), "delinquent juvenile"
22does not include a person subject to an order under s. 48.366
who is confined to a state
23prison under s. 302.01 or a person subject to an order under s. 938.34 (4h) who is 17
24years of age or over.
AB130-SSA1,84,14
3938.993 Juvenile compact administrator. (1) Under the interstate
4compact on juveniles, the governor may designate an officer or employe of the
5department
of corrections to be the compact administrator, who, acting jointly with
6like officers of other party states, shall promulgate rules to carry out more effectively
7the terms of the compact. The compact administrator shall serve subject to the
8pleasure of the governor. If there is a vacancy in the office of compact administrator
9or in the case of absence or disability, the functions shall be performed by the
10secretary of corrections, or other employe designated by the secretary. The compact
11administrator may cooperate with all departments, agencies and officers of and in
12the government of this state and its political subdivisions in facilitating the proper
13administration of the compact or of any supplementary agreement entered into by
14this state.
AB130-SSA1,84,22
15(2) The compact administrator shall determine for this state whether to receive
16juvenile probationers and parolees of other states under s.
48.991 938.991 (7) and
17shall arrange for the supervision of each such probationer or parolee received, either
18by the department
of corrections or by a person appointed to perform supervision
19service for the court assigned to exercise jurisdiction under this chapter
ch. 48 for the
20county where the juvenile is to reside, whichever is more convenient. Those persons
21shall in all such cases make periodic reports to the compact administrator regarding
22the conduct and progress of the juveniles.