AB130-SSA1,53,519
48.31
(2) The hearing shall be to the court unless the child, parent, guardian
20or legal custodian exercises the right to a jury trial by demanding a jury trial at any
21time before or during the plea hearing. Chapters 756 and 805 shall govern the
22selection of jurors
except that ss. 972.03 and 972.04 shall apply in cases in which the
23juvenile is alleged to be delinquent under s. 48.12. If the hearing involves a child
24victim or witness, as defined in s. 950.02, the court may order the taking and allow
25the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district
1attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or
2jury shall make a determination of the facts. If the court finds that the child is not
3within the jurisdiction of the court or the court or jury finds that the facts alleged in
4the petition
or citation have not been proved, the court shall dismiss the petition
or
5citation with prejudice.
AB130-SSA1,53,257
48.31
(4) The court or jury shall make findings of fact and the court shall make
8conclusions of law relating to the allegations of a petition filed under s. 48.13
(1) to
9(11m). In cases alleging a child to be in need of protection or services under s. 48.13
10(11), the court shall not find that the child is suffering serious emotional damage
11unless a licensed physician specializing in psychiatry or a licensed psychologist
12appointed by the court to examine the child has testified at the hearing that in his
13or her opinion the condition exists, and adequate opportunity for the
14cross-examination of the physician or psychologist has been afforded. The judge
15may use the written reports if the right to have testimony presented is voluntarily,
16knowingly and intelligently waived by the guardian ad litem or legal counsel for the
17child and the parent or guardian. In cases alleging a child to be in need of protection
18and services under s. 48.13 (11m), the court shall not find that the child is in need
19of treatment and education for needs and problems related to the use or abuse of
20alcohol beverages or controlled substances and its medical, personal, family or social
21effects unless an assessment for alcohol and other drug abuse that conforms to the
22criteria specified under s. 48.547 (4) has been conducted by an approved treatment
23facility.
In cases alleging a child delinquent or in need of protection or services under
24s. 48.13 (12) the court shall make findings relating to the proof of the violation of law
25and to the proof that the child named in the petition committed the violation alleged.
AB130-SSA1,54,132
48.32
(1) At any time after the filing of a petition for a proceeding relating to
3s.
48.12 or 48.13 and before the entry of judgment, the judge or juvenile court
4commissioner may suspend the proceedings and place the child under supervision
5in the child's own home or present placement. The court may establish terms and
6conditions applicable to the parent, guardian or legal custodian, and to the child
,
7including any conditions specified in subs. (1d), (1g) and (1t). The order under this
8section shall be known as a consent decree and must be agreed to by the child if 12
9years of age or older; the parent, guardian or legal custodian; and the person filing
10the petition under s. 48.25.
If the consent decree includes any conditions specified
11in sub. (1g), the consent decree shall include provisions for payment of the services
12as specified in s. 48.361. The consent decree shall be reduced to writing and given
13to the parties.
AB130-SSA1,54,2321
48.32
(2) (a)
Except as provided in par. (b), a A consent decree shall remain in
22effect up to 6 months unless the child, parent, guardian or legal custodian is
23discharged sooner by the judge or juvenile court commissioner.
AB130-SSA1,55,52
48.32
(5) (a) The court refuses to enter into a consent decree and the allegations
3in the petition remain to be decided in a hearing where
the child denies the
4allegations of delinquency or one of the parties denies the allegations forming the
5basis for a child in need of protection or services petition; or
AB130-SSA1,55,87
48.32
(5) (b) A consent decree is granted but the petition under s.
48.12 or 48.13
8is subsequently reinstated.
AB130-SSA1,55,1411
48.33
(1) Report required. (intro.) Before the disposition of a child adjudged
12to be
delinquent or in need of protection or services the court shall designate an
13agency, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the
14following:
AB130-SSA1, s. 228
15Section
228. 48.33 (3) of the statutes, as affected by 1993 Wisconsin Acts 385
16and 481, is repealed.
AB130-SSA1,55,2420
48.33
(4m) Support recommendations; information to parents. (intro.) In
21making a recommendation for an amount of child support under sub.
(3) or (4), the
22agency shall consider the factors that the court considers under s. 46.10 (14) (c) for
23deviation from the percentage standard. Prior to the dispositional hearing under s.
2448.335, the agency shall provide the child's parent with all of the following:
AB130-SSA1,56,84
48.335
(1) The court shall conduct a hearing to determine the disposition of a
5case in which a child is adjudged
to be delinquent under s. 48.12, to have violated a
6civil law or ordinance under s. 48.125 or to be in need of protection or services under
7s. 48.13
, except the court shall proceed as provided by s. 48.237 (2) if a citation is
8issued and the child fails to contest the citation.
AB130-SSA1, s. 234
10Section
234. 48.34 (intro.) of the statutes, as affected by 1995 Wisconsin Acts
1122 and 24, is repealed.
AB130-SSA1,56,1915
48.345
(2) Place the child under supervision of an agency, the department
of
16corrections, if the department
of corrections approves, or a suitable adult, including
17a friend of the child, under conditions prescribed by the judge including reasonable
18rules for the child's conduct, designed for the physical, mental and moral well-being
19and behavior of the child.
AB130-SSA1,57,422
48.345
(2m) Place the child in the child's home under the supervision of an
23agency
, or the department
of health and social services, if the child is in need of
24protection or services and that, if the department approves,
or the department of
25corrections, if the child is delinquent and that department approves, and order the
1agency or department to provide specified services to the child and the child's family,
2which may include but are not limited to individual, family or group counseling,
3homemaker or parent aide services, respite care, housing assistance, day care or
4parent skills training.
AB130-SSA1, s. 257
8Section
257. 48.34 (10) (title) of the statutes is renumbered 48.345 (10) (title).
AB130-SSA1, s. 259
11Section
259. 48.34 (10) (b) of the statutes is renumbered 48.345 (10) (b).
AB130-SSA1, s. 260
12Section
260. 48.34 (10) (c) of the statutes is renumbered 48.345 (10) (c).
AB130-SSA1, s. 270
23Section
270. 48.345 (1) (intro.) and (e) of the statutes are consolidated,
24renumbered 48.345 (intro.) and amended to read:
AB130-SSA1,59,8
148.345 Disposition of child adjudged in need of protection or services.
2(intro.) If the judge finds that the child is in need of protection or services, the judge
3shall enter an order deciding one or more of the dispositions of the case as provided
4in
s. 48.34 this section under a care and treatment plan
, except that the order may
5not
do any of the following: (e) Place place any child not specifically found under chs.
646, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have
7exceptional educational needs in facilities which exclusively treat those categories
8of children.
The dispositions under this section are as follows:
AB130-SSA1, s. 278
17Section
278. 48.35 (intro.) of the statutes is renumbered 48.35 (1) (a).
AB130-SSA1,59,2120
48.35
(1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction
21under this chapter
and ch. 938; or
AB130-SSA1,60,143
48.355
(1) Intent. In any order under s.
48.34 or 48.345 the judge shall decide
4on a placement and treatment finding based on evidence submitted to the judge. The
5disposition shall employ those means necessary to maintain and protect the child's
6well-being which are the least restrictive of the rights of the parent or child and
7which assure the care, treatment or rehabilitation of the child and the family,
8consistent with the protection of the public. Wherever possible, and, in cases of child
9abuse and neglect, when it is consistent with the child's best interest in terms of
10physical safety and physical health the family unit shall be preserved and there shall
11be a policy of transferring custody from the parent only where there is no less drastic
12alternative.
If information under s. 48.331 has been provided in a court report under
13s. 48.33 (1), the court shall consider that information when deciding on a placement
14and treatment finding.
AB130-SSA1,60,1816
48.355
(2) (b) 5. For a child placed outside his or her home pursuant to an order
17under s.
48.34 (3) or 48.345, a permanency plan under s. 48.38 if one has been
18prepared.
AB130-SSA1,61,622
48.355
(4) Except as provided under
par. (b) or s. 48.368, all orders under this
23section shall terminate at the end of one year unless the judge specifies a shorter
24period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
25at the end of one year unless the judge specifies a shorter period of time.
No extension
1under s. 48.365 of an original dispositional order may be granted for a child who is
2under the supervision of the department of corrections under s. 48.34 (4h), (4m) or
3(4n) or under the supervision of a county department under s. 48.34 (4n) if the child
4is 17 years of age or older when the original dispositional order terminates. Any
5order made before the child reaches the age of majority shall be effective for a time
6up to one year after its entry unless the judge specifies a shorter period of time.
