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.
AB130-SSA1,85,7
1938.994 Supplementary agreements. The department
of corrections may
2enter into supplementary agreements with appropriate officials of other states
3under s.
48.991 938.991 (10). If the supplementary agreement requires or
4contemplates the use of any institution or facility of this state or the provision of any
5service by this state, the supplementary agreement has no effect until approved by
6the department or agency under whose jurisdiction the institution or facility is
7operated or which shall be charged with the rendering of the service.
AB130-SSA1, s. 395
8Section
395. 48.995 (intro.) and (1) of the statutes are renumbered 938.995
9(intro.) and (1) and amended to read:
AB130-SSA1,85,11
10938.995 Financial arrangements. (intro.) The expense of returning
11juveniles to this state pursuant to s.
48.991 938.991 shall be paid as follows:
AB130-SSA1,85,21
12(1) In the case of a runaway under s.
48.991 938.991 (4), the court making the
13requisition shall inquire summarily regarding the financial ability of the petitioner
14to bear the expense and if it finds the petitioner is able to do so, shall order the
15petitioner to pay all the expenses of returning the juvenile; otherwise the court shall
16arrange for the transportation at the expense of the county and order that the county
17reimburse the person, if any, who returns the juvenile, for that person's actual and
18necessary expenses; and the court may order that the petitioner reimburse the
19county for so much of the expense as the court finds the petitioner is able to pay. If
20the petitioner fails, without good cause, or refuses to pay that sum, the petitioner
21may be proceeded against for contempt.
AB130-SSA1,86,924
938.995
(2) In the case of an escapee or absconder under s.
48.991 938.991 (5)
25or (6), if the juvenile is in the legal custody or under the supervision of the department
1of corrections, it shall bear the expense of his or her return; otherwise the appropriate
2court shall, on petition of the person entitled to the juvenile's custody or charged with
3his or her supervision, arrange for the transportation at the expense of the county
4and order that the county reimburse the person, if any, who returns the juvenile, for
5the person's actual and necessary expenses. In this subsection "appropriate court"
6means the court which adjudged the juvenile to be delinquent or, if the juvenile is
7under supervision for another state under s.
48.991
938.991 (7), then the court
8assigned to exercise jurisdiction under this chapter
and ch. 48 for the county of the
9juvenile's residence during the supervision.
AB130-SSA1, s. 397
10Section
397. 48.995 (3) and (4) of the statutes are renumbered 938.995 (3) and
11(4) and amended to read:
AB130-SSA1,86,2512
938.995
(3) In the case of a voluntary return of a runaway without requisition
13under s.
48.991 938.991 (6), the person entitled to the juvenile's legal custody shall
14pay the expense of transportation and the actual and necessary expenses of the
15person, if any, who returns the juvenile; but if the person is financially unable to pay
16all the expenses he or she may petition the court assigned to exercise jurisdiction
17under this chapter
and ch. 48 for the county of the petitioner's residence for an order
18arranging for the transportation as provided in sub. (1). The court shall inquire
19summarily into the financial ability of the petitioner and, if it finds the petitioner is
20unable to bear any or all of the expense, the court shall arrange for the transportation
21at the expense of the county and shall order the county to reimburse the person, if
22any, who returns the juvenile, for the person's actual and necessary expenses. The
23court may order that the petitioner reimburse the county for so much of the expense
24as the court finds the petitioner is able to pay. If the petitioner fails, without good
25cause, or refuses to pay that sum, he or she may be proceeded against for contempt.
AB130-SSA1,87,7
1(4) In the case of a juvenile subject to a petition under s.
48.998 938.998, the
2appropriate court shall arrange for the transportation at the expense of the county
3in which the violation of criminal law is alleged to have been committed and order
4that the county reimburse the person, if any, who returns the juvenile, for the
5person's actual and necessary expenses. In this subsection "appropriate court"
6means the court assigned to exercise jurisdiction under this chapter
and ch. 48 for
7the county in which the violation of criminal law is alleged to have been committed.
AB130-SSA1, s. 400
11Section
400. 48.998 of the statutes is renumbered 938.998, and 938.998 (2),
12as renumbered, is amended to read:
AB130-SSA1,87,2213
938.998
(2) All provisions and procedures of s.
48.991 938.991 (5) and (6) shall
14be construed to apply to any juvenile charged with being a delinquent by reason of
15a violation of any criminal law. Any juvenile, charged with being a delinquent by
16reason of violating any criminal law shall be returned to the requesting state upon
17a requisition to the state where the juvenile may be found. A petition in such case
18shall be filed in a court of competent jurisdiction in the requesting state where the
19violation of criminal law is alleged to have been committed. The petition may be filed
20regardless of whether the juvenile has left the state before or after the filing of the
21petition. The requisition described in s.
48.991
938.991 (5) shall be forwarded by the
22judge of the court in which the petition has been filed.
AB130-SSA1,88,624
49.19
(4) (c) The person having the care and custody of the dependent child
25must be fit and proper to have the child. Aid shall not be denied by the county
1department under s. 46.215 or 46.22 on the grounds that a person is not fit and proper
2to have the care and custody of the child until the county department obtains a
3finding substantiating that fact from a court assigned to exercise jurisdiction under
4ch. chs. 48
and 938 or other court of competent jurisdiction; but in appropriate cases
5it is the responsibility of the county department to petition under ch. 48 or refer the
6case to a proper child protection agency.
AB130-SSA1,88,98
49.46
(1) (a) 5. Any child in an adoption assistance, foster care or treatment
9foster care placement under ch. 48
or 938, as determined by the department.
AB130-SSA1,88,1511
49.90
(1m) Each spouse has an equal obligation to support the other spouse as
12provided in this chapter. Each parent has an equal obligation to support his or her
13minor children as provided in this chapter and
ch.
chs. 48
and 938. Each parent of
14a dependent person under the age of 18 has an equal obligation to support the child
15of the dependent person as provided under sub. (1) (a) 2.