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1122 and 24, is repealed.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.
AB130-SSA1,61,1512
48.355
(7) Orders applicable to parents, guardians, legal custodians and
13other adults. In addition to any dispositional order entered under s.
48.34 or 48.345,
14the court may enter an order applicable to a child's parent, guardian or legal
15custodian or to another adult, as provided under s. 48.45.
AB130-SSA1,61,2517
48.357
(2) If emergency conditions necessitate an immediate change in the
18placement of a child placed outside the home, the person or agency primarily
19responsible for implementing the dispositional order may remove the child to a new
20placement, whether or not authorized by the existing dispositional order, without the
21prior notice provided in sub. (1). The notice shall, however, be sent within 48 hours
22after the emergency change in placement. Any party receiving notice may demand
23a hearing under sub. (1). In emergency situations, the child may be placed in a
24licensed public or private shelter care facility as a transitional placement for not
25more than 20 days, as well as in any placement authorized under s.
48.34 48.345 (3).
AB130-SSA1,62,105
48.357
(4) When the child is placed with the department, the department may,
6after an examination under s. 48.50, place the child in a secured correctional facility
7or on aftercare
or corrective sanctions supervision, either immediately or after a
8period of placement in a secured correctional facility. The department shall send
9written notice of the change to the parent, guardian, legal custodian, county
10department designated under s. 48.34 (4n), if any, and committing court.
AB130-SSA1, s. 293
11Section
293. 48.357 (4) (a) of the statutes, as affected by 1995 Wisconsin Acts
1227 and .... (this act), is repealed.
AB130-SSA1,63,617
48.357
(4g) (b) The department may waive the time period within which an
18aftercare plan must be prepared and submitted under par. (a) if the department
19anticipates that the child will remain in the secured correctional facility for a period
20exceeding 8 months
, or if the child is subject to extended jurisdiction under s. 48.366
21or if the child is under corrective sanctions supervision under s. 48.533. If the
22department has waived the time period within which an aftercare plan must be
23prepared and submitted and if there will be a reasonable time period after release
24from the secured correctional facility
or from corrective sanctions supervision during
25which the child may remain subject to court jurisdiction, the department shall notify
1the county department providing aftercare supervision of the anticipated release
2date not less than 60 days before the date on which the child will be eligible for
3release. If the department waives the time limits specified under par. (a), the
4aftercare plan shall be prepared by the department or prepared and submitted by the
5county department providing aftercare supervision on or before the date on which
6the child becomes eligible for release.
AB130-SSA1,63,119
48.357
(4g) (d) A child may be released from a secured correctional facility
or
10from corrective sanctions supervision whether or not an aftercare plan has been
11prepared under this subsection.
AB130-SSA1,63,1513
48.357
(4m) The department shall try to release a child to aftercare
or
14corrective sanctions supervision under sub. (4) within 30 days after the date the
15department determines the child is eligible for the release.
AB130-SSA1,63,2420
48.357
(5) (a) The department or a county department, whichever has been
21designated as a child's aftercare provider under s. 48.34 (4n), may revoke the
22aftercare status of that child.
The department may revoke a child's placement in the
23community under corrective sanctions supervision. Revocation of aftercare
or
24corrective sanctions supervision shall not require prior notice under sub. (1).
AB130-SSA1,64,3
1(b) A child on aftercare status may be taken into custody only as provided in
2ss. 48.19 to 48.21.
A child under corrective sanctions supervision may be taken into
3custody under ss. 48.19 to 48.21 or under s. 48.533 (3).
AB130-SSA1,64,94
(d) A hearing on the revocation shall be conducted by the division of hearings
5and appeals in the department of administration within 30 days after the child is
6taken into custody for an alleged violation of the conditions of the child's aftercare
7or corrective sanctions supervision. This time limit may be waived only upon the
8agreement of the aftercare
or corrective sanctions provider, the child and the child's
9counsel.
AB130-SSA1,64,1512
48.357
(5) (e) If the hearing examiner finds that the child has violated a
13condition of aftercare
or corrective sanctions supervision, the hearing examiner shall
14determine whether confinement in a secured correctional facility is necessary to
15protect the public or to provide for the child's rehabilitation.
AB130-SSA1,64,2016
(g) The department shall promulgate rules setting standards to be used by a
17hearing examiner to determine whether to revoke a child's aftercare
or corrective
18sanctions status. The standards shall specify that the burden is on the department
19or county department seeking revocation to show by a preponderance of the evidence
20that the child violated a condition of aftercare
or corrective sanctions supervision.
