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.
AB130-SSA1,89,218
50.39
(3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09,
1958.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s.
2048.02 938.02 (15m), correctional institutions governed by the department of
21corrections under s. 301.02 and the offices and clinics of persons licensed to treat the
22sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32
23to 50.39 do not abridge the rights of the medical examining board, physical therapists
24affiliated credentialing board, dentistry examining board, pharmacy examining
1board, chiropractic examining board and board of nursing in carrying out their
2statutory duties and responsibilities.
AB130-SSA1,89,124
51.05
(2) The department may not accept for admission to a mental health
5institute any resident person, except in an emergency, unless the county department
6under s. 51.42 in the county where the person has legal residency authorizes the care,
7as provided in s. 51.42 (3) (as). Patients who are committed to the department under
8s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06,
9admitted by the department under s. 975.17, 1977 stats., or are transferred from a
10juvenile correctional facility
or a secured child caring institution, as defined in s.
11938.02 (15g), to a state treatment facility under s. 51.35 (3) or from a jail or prison
12to a state treatment facility under s. 51.37 (5) are not subject to this section.
AB130-SSA1,90,214
51.13
(1) (c) If a minor 14 years of age or older wishes to be admitted to an
15approved inpatient treatment facility but a parent with legal custody or the guardian
16refuses to execute the application for admission or cannot be found, or if there is no
17parent with legal custody, the minor or a person acting on the minor's behalf may
18petition the court assigned to exercise jurisdiction under
ch. chs. 48
and 938 in the
19county of residence of the parent or guardian for approval of the admission. A copy
20of the petition and a notice of hearing shall be served upon the parent or guardian
21at his or her last-known address. If, after hearing, the court determines that the
22parent or guardian's consent is unreasonably withheld or that the parent or guardian
23cannot be found or that there is no parent with legal custody, and that the admission
24is proper under the standards prescribed in sub. (4) (d), it shall approve the minor's
25admission without the parent or guardian's consent. The court may, at the minor's
1request, temporarily approve the admission pending hearing on the petition. If a
2hearing is held under this subsection, no review or hearing under sub. (4) is required.
AB130-SSA1,90,204
51.13
(4) (a) Within 3 days of the admission of a minor under sub. (1), or within
53 days of application for such admission, whichever occurs first, the treatment
6director of the facility to which the minor is admitted or, in the case of a center for
7the developmentally disabled, the director of the center, shall file a verified petition
8for review of the admission in the court assigned to exercise jurisdiction under
ch. 9chs. 48
and 938 in the county in which the facility is located. The petition shall
10contain: 1) the name, address and date of birth of the minor; 2) the names and
11addresses of the parents or guardian; 3) the facts substantiating the petitioner's
12belief in the minor's need for psychiatric services, or services for developmental
13disability, alcoholism or drug abuse; 4) the facts substantiating the appropriateness
14of inpatient treatment in the inpatient treatment facility; 5) the basis for
the 15petitioner's opinion that inpatient care in the facility is the least restrictive
16treatment consistent with the needs of the minor; and 6) notation of any statement
17made or conduct demonstrated by the minor in the presence of the director or staff
18of the facility indicating that inpatient treatment is against the wishes of the minor.
19A copy of the application for admission and of any relevant professional evaluations
20shall be attached to the petition.
AB130-SSA1,91,222
51.13
(4) (b) If hardship would otherwise occur and if the best interests of the
23minor would be served thereby, the court may, on its own motion or on the motion of
24any interested party, remove the petition to the court assigned to exercise
1jurisdiction under
ch. chs. 48
and 938 of the county of residence of the parent or
2guardian.
AB130-SSA1,91,244
51.13
(4) (d) Within 5 days of the filing of the petition, the court assigned to
5exercise jurisdiction under
ch. chs. 48
and 938 shall determine, based on the
6allegations of the petition and accompanying documents, whether the admission is
7voluntary on the part of the minor if the minor is 14 years of age or older and whether
8there is a prima facie showing that the minor is in need of psychiatric services, or
9services for developmental disability, alcoholism or drug abuse, that the treatment
10facility offers inpatient therapy or treatment which is appropriate to the minor's
11needs, and that inpatient care in the treatment facility is the least restrictive therapy
12or treatment consistent with the needs of the minor. If such a showing is made, the
13court shall permit voluntary admission. If the court is unable to make such
14determinations based on the petition and accompanying documents, it shall dismiss
15the petition as provided in par. (h); or order additional information to be produced
16as it deems necessary to make such review, and make such determinations within
1714 days of admission or application for admission, whichever is sooner; or it may hold
18a hearing within 14 days of admission or application for admission, whichever is
19sooner. If a notation of the minor's unwillingness appears on the face of the petition,
20or if a hearing has been requested by the minor, the minor's counsel, parent or
21guardian, the court shall hold a hearing to review the admission within 14 days of
22admission or application for admission, whichever is sooner, and shall appoint
23counsel to represent the minor if the minor is unrepresented. If the court deems it
24necessary, it shall also appoint a guardian ad litem to represent the minor.
AB130-SSA1,92,7
151.13
(4) (h) 2. Order the petition to be treated as a petition for involuntary
2commitment and refer it to the court where the review under this section was held,
3or if it was not held in the county of legal residence of the subject individual's parent
4or guardian and hardship would otherwise occur and if the best interests of the
5subject individual would be served thereby, to the court assigned to exercise
6jurisdiction under
ch chs. 48
and 938 in such county for a hearing under s. 51.20 or
751.45 (13).
AB130-SSA1,92,139
51.13
(4) (h) 4. If there is a reason to believe the minor is in need of protection
10or services under s. 48.13
or 938.13, dismiss the petition and authorize the filing of
11a petition under s. 48.25 (3)
or 938.25 (3). The court may release the minor or may
12order that the minor be taken and held in custody under s. 48.19 (1) (c)
or 938.19 (1)
13(c).
AB130-SSA1,92,1715
51.14
(2) Mental health review officer. Each court assigned to exercise
16jurisdiction under
ch chs. 48
and 938 shall designate a mental health review officer
17to review petitions filed under sub. (3).
AB130-SSA1, s. 413
18Section
413. 51.15 (1) (a) (intro.), 3. and 4. of the statutes are amended to read:
AB130-SSA1,92,2319
51.15
(1) (a) (intro.) A law enforcement officer or other person authorized to
20take a child into custody under ch. 48
or 938 may take an individual into custody if
21the officer or person has cause to believe that such individual is mentally ill, drug
22dependent or developmentally disabled, and that the individual evidences any of the
23following:
AB130-SSA1,93,924
3. A substantial probability of physical impairment or injury to himself or
25herself due to impaired judgment, as manifested by evidence of a recent act or
1omission. The probability of physical impairment or injury is not substantial under
2this subdivision if reasonable provision for the individual's protection is available in
3the community and there is a reasonable probability that the individual will avail
4himself or herself of these services or, in the case of a minor, if the individual is
5appropriate for services or placement under s. 48.13 (4) or (11)
or 938.13 (4). Food,
6shelter or other care provided to an individual who is substantially incapable of
7obtaining the care for himself or herself, by any person other than a treatment
8facility, does not constitute reasonable provision for the individual's protection
9available in the community under this subdivision.
AB130-SSA1,94,210
4. Behavior manifested by a recent act or omission that, due to mental illness
11or drug dependency, he or she is unable to satisfy basic needs for nourishment,
12medical care, shelter or safety without prompt and adequate treatment so that a
13substantial probability exists that death, serious physical injury, serious physical
14debilitation or serious physical disease will imminently ensue unless the individual
15receives prompt and adequate treatment for this mental illness or drug dependency.
16No substantial probability of harm under this subdivision exists if reasonable
17provision for the individual's treatment and protection is available in the community
18and there is a reasonable probability that the individual will avail himself or herself
19of these services, if the individual can receive protective placement under s. 55.06 or,
20in the case of a minor, if the individual is appropriate for services or placement under
21s. 48.13 (4) or (11)
or 938.13 (4). The individual's status as a minor does not
22automatically establish a substantial probability of death, serious physical injury,
23serious physical debilitation or serious disease under this subdivision. Food, shelter
24or other care provided to an individual who is substantially incapable of providing
25the care for himself or herself, by any person other than a treatment facility, does not
1constitute reasonable provision for the individual's treatment or protection available
2in the community under this subdivision.
AB130-SSA1, s. 414
3Section
414. 51.20 (1) (a) 2. b., c. and d. of the statutes are amended to read:
AB130-SSA1,94,134
51.20
(1) (a) 2. b. Evidences a substantial probability of physical harm to other
5individuals as manifested by evidence of recent homicidal or other violent behavior,
6or by evidence that others are placed in reasonable fear of violent behavior and
7serious physical harm to them, as evidenced by a recent overt act, attempt or threat
8to do serious physical harm. In this subd. 2. b., if the petition is filed under a court
9order under s.
48.30 938.30 (5) (c) 1. or (d) 1., a finding by the court exercising
10jurisdiction under
ch. chs. 48
and 938 that the child committed the act or acts alleged
11in the petition under s.
48.12 or 48.13 938.12 or 938.13 (12) may be used to prove that
12the child exhibited recent homicidal or other violent behavior or committed a recent
13overt act, attempt or threat to do serious physical harm.
AB130-SSA1,95,214
c. Evidences such impaired judgment, manifested by evidence of a pattern of
15recent acts or omissions, that there is a substantial probability of physical
16impairment or injury to himself or herself. The probability of physical impairment
17or injury is not substantial under this subd. 2. c. if reasonable provision for the
18subject individual's protection is available in the community and there is a
19reasonable probability that the individual will avail himself or herself of these
20services, if the individual is appropriate for protective placement under s. 55.06 or,
21in the case of a minor, if the individual is appropriate for services or placement under
22s. 48.13 (4) or (11)
or 938.13 (4). The subject individual's status as a minor does not
23automatically establish a substantial probability of physical impairment or injury
24under this subd. 2. c. Food, shelter or other care provided to an individual who is
25substantially incapable of obtaining the care for himself or herself, by a person other
1than a treatment facility, does not constitute reasonable provision for the subject
2individual's protection available in the community under this subd. 2. c.
AB130-SSA1,95,203
d. Evidences behavior manifested by recent acts or omissions that, due to
4mental illness, he or she is unable to satisfy basic needs for nourishment, medical
5care, shelter or safety without prompt and adequate treatment so that a substantial
6probability exists that death, serious physical injury, serious physical debilitation or
7serious physical disease will imminently ensue unless the individual receives
8prompt and adequate treatment for this mental illness. No substantial probability
9of harm under this subd. 2. d. exists if reasonable provision for the individual's
10treatment and protection is available in the community and there is a reasonable
11probability that the individual will avail himself or herself of these services, if the
12individual is appropriate for protective placement under s. 55.06 or, in the case of a
13minor, if the individual is appropriate for services or placement under s. 48.13 (4) or
14(11)
or 938.13 (4). The individual's status as a minor does not automatically establish
15a substantial probability of death, serious physical injury, serious physical
16debilitation or serious disease under this subd. 2. d. Food, shelter or other care
17provided to an individual who is substantially incapable of obtaining the care for
18himself or herself, by any person other than a treatment facility, does not constitute
19reasonable provision for the individual's treatment or protection available in the
20community under this subd. 2. d.
AB130-SSA1,95,2522
51.20
(1) (b) Each petition for examination shall be signed by 3 adult persons,
23at least one of whom has personal knowledge of the conduct of the subject individual,
24except that this requirement does not apply if the petition is filed pursuant to a court
25order under s.
48.30 938.30 (5) (c) 1. or (d) 1.
AB130-SSA1,96,32
51.20
(6) Juveniles. For minors, the hearings held under this section shall be
3before the court assigned to exercise jurisdiction under
ch. chs. 48
and 938.
AB130-SSA1,96,105
51.20
(13) (cr) If the subject individual is before the court on a petition filed
6under a court order under s.
48.30 938.30 (5) (c) 1. and is found to have committed
7a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require
8the individual to provide a biological specimen to the state crime laboratories for
9deoxyribonucleic acid analysis and to comply with the reporting and testing
10requirements of s. 175.45.
AB130-SSA1,96,1312
51.35
(3) (title)
Transfer of certain children from juvenile correctional
13facilities and secured child caring institutions.
AB130-SSA1,97,1116
51.35
(3) (a) A licensed psychologist of a juvenile correctional facility
under s.
1748.557 or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed
18physician of the department of corrections, who has reason to believe that any
19individual confined in the facility
or institution is, in his or her opinion, in need of
20services for developmental disability, alcoholism or drug dependency or in need of
21psychiatric services, and who has obtained voluntary consent to make a transfer for
22treatment, shall make a report, in writing, to the superintendent of the facility
or
23institution, stating the nature and basis of the belief and verifying the consent. In
24the case of a minor age 14 and over, the minor and the minor's parent or guardian
25shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of
1a minor under the age of 14, only the minor's parent or guardian need consent. The
2superintendent shall inform, orally and in writing, the minor and the minor's parent
3or guardian, that transfer is being considered and shall inform them of the basis for
4the request and their rights as provided in s. 51.13 (3). If the department of
5corrections, upon review of a request for transfer, determines that transfer is
6appropriate, that department shall immediately notify the department of health and
7social services and, if the department of health and social services consents, the
8department of corrections may immediately transfer the individual. The
9department of corrections shall file a petition under s. 51.13 (4) (a) in the court
10assigned to exercise jurisdiction under
ch. chs. 48
and 938 of the county where the
11treatment facility is located.
AB130-SSA1,98,313
51.35
(3) (b) The court assigned to exercise jurisdiction under
ch. chs. 48
and
14938 shall determine, based on the allegations of the petition and accompanying
15documents, whether the transfer is voluntary on the part of the minor if he or she is
16aged 14 or over, and whether the transfer of the minor to an inpatient facility is
17appropriate and consistent with the needs of the minor. In the event that the court
18is unable to make such determinations based on the petition and accompanying
19documents, it shall order additional information to be produced as it deems
20necessary to make such review, and make such determinations within 14 days of
21admission, or it may hold a hearing within 14 days of admission. If a notation of the
22minor's unwillingness appears on the face of the petition, or that a hearing has been
23requested by the minor, the minor's counsel, guardian ad litem, parent or guardian,
24the court shall hold a hearing and appoint counsel or a guardian ad litem for the
25minor as provided in s. 51.13 (4) (d). At the conclusion of the hearing, the court shall
1approve or disapprove the request for transfer. If the minor is under the continuing
2jurisdiction of the court of another county, the court may order the case transferred
3together with all appropriate records to that court.
AB130-SSA1,98,175
51.35
(3) (c) A licensed psychologist of a juvenile correctional facility
or a
6secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician
7of the department
of corrections, who has reason to believe that any individual
8confined in the facility
or institution is, in his or her opinion, mentally ill, drug
9dependent or developmentally disabled, and is dangerous as defined in s. 51.20 (1)
10(a) 2., or is an alcoholic and is dangerous as defined in s. 51.45 (13) (a), shall file a
11written report with the superintendent of the facility
or institution, stating the
12nature and basis of the belief. If the superintendent, upon review of the allegations
13in the report, determines that transfer is appropriate, he or she shall file a petition
14according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under
ch 15chs. 48
and 938 of the county where the correctional facility
or secured child caring
16institution is located. The court shall hold a hearing according to procedures
17provided in s. 51.20 or 51.45 (13).
AB130-SSA1,99,1320
51.35
(3) (e) The department of corrections may authorize emergency transfer
21of an individual from a juvenile correctional facility
or a secured child caring
22institution, as defined in s. 938.02 (15g), to a state treatment facility if there is cause
23to believe that the individual is mentally ill, drug dependent or developmentally
24disabled and exhibits conduct which constitutes a danger as defined in s. 51.20 (1)
25(a) 2. to the individual or to others, or is an alcoholic and is dangerous as provided
1in s. 51.45 (13) (a) 1. and 2. The
correctional custodian of the sending
facility or 2institution shall execute a statement of emergency detention or petition for
3emergency commitment for the individual and deliver it to the receiving state
4treatment facility. The department of health and social services shall file the
5statement or petition with the court within 24 hours after the subject individual is
6received for detention or commitment. The statement or petition shall conform to s.
751.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director
8of the receiving facility may file a petition for continued commitment under s. 51.20
9(1) or 51.45 (13) or may return the individual to the
facility or institution from which
10the transfer was made. As an alternative to this procedure, the procedure provided
11in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without
12the approval of the court which directed confinement in the correctional facility
or
13secured child caring institution.