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.
AB130-SSA1,65,1023
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
24court otherwise designates an alternative placement for the child by a disposition
25made under s.
48.34 or 48.345 or by a change in placement under s. 48.357, the duty
1of the parent or guardian or, in the case of a transfer of guardianship and custody
2under s. 48.839 (4), the duty of the former guardian to provide support shall continue
3even though the legal custodian or the placement designee may provide the support.
4A copy of the order transferring custody or designating alternative placement for the
5child shall be submitted to the agency or person receiving custody or placement and
6the agency or person may apply to the court for an order to compel the parent or
7guardian to provide the support. Support payments for residential services, when
8purchased or otherwise funded or provided by the department
of health and social
9services, the department of corrections, or a county department under s. 46.215,
1046.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).
AB130-SSA1,65,1911
(b) In determining the amount of support under par. (a), the court may consider
12all relevant financial information or other information relevant to the parent's
13earning capacity, including information reported to the department
of health and
14social services, or the county child and spousal support agency, under s. 46.25 (2m).
15If the court has insufficient information with which to determine the amount of
16support, the court shall order the child's parent to furnish a statement of income,
17assets, debts and living expenses, if the parent has not already done so, to the court
18within 10 days after the court's order transferring custody or designating an
19alternative placement is entered or at such other time as ordered by the court.
AB130-SSA1,65,2221
48.361
(1) (b) Any special treatment or care that relates to alcohol or other drug
22abuse services ordered by a court under s.
48.34
48.345 (6) (a).
AB130-SSA1,65,2524
48.361
(1) (c) Any alcohol or other drug abuse treatment or education ordered
25by a court under s.
48.32 (1g), 48.34 48.345 (6) (a) or (13)
, 48.343 (10) or 48.344 (2g).
AB130-SSA1,66,42
48.361
(2) (am) 2. If a court in a county that does not have a pilot program under
3s. 48.547 finds that payment is not attainable under par. (a), the court may order
4payment in accordance with s.
48.34 48.345 (6) (a) or 48.36.
AB130-SSA1,66,86
48.362
(2) This section applies to the payment of court-ordered special
7treatment or care under s.
48.34 48.345 (6) (a), whether or not custody has been taken
8from the parent.
AB130-SSA1,66,1412
48.365
(7) Nothing in this section may be construed to allow any changes in
13placement or revocation of aftercare
or corrective sanctions supervision. Revocation
14and other changes in placement may take place only under s. 48.357.
AB130-SSA1, s. 308
15Section
308. 48.365 (7) of the statutes, as affected by 1995 Wisconsin Acts 27,
16section 2469p, and .... (this act), is repealed and recreated to read:
AB130-SSA1,66,1917
48.365
(7) Nothing in this section may be construed to allow any changes in
18placement. Revocation and other changes in placement may take place only under
19s. 48.357.
AB130-SSA1,66,2322
48.366
(5) (a) 2. The department of corrections or county department ordered
23under s. 48.34 (4n)
, 1993 stats., to provide aftercare supervision of the person.
AB130-SSA1,67,2
148.366
(6) (a) 2. The department of corrections or county department ordered
2under s. 48.34 (4n)
, 1993 stats., to provide aftercare supervision of the person.
AB130-SSA1,67,85
48.366
(6) (c) 2. At the time a person subject to an order files a petition under
6par. (a), he or she shall provide written notice of the petition to the department of
7corrections or county department, whichever has been ordered under s. 48.34 (4n)
,
81993 stats., to provide aftercare supervision of the person.
AB130-SSA1,67,1210
48.37
(1) A court assigned to exercise jurisdiction under this chapter
and ch.
11938 may not assess costs or assessments against a child under 14 years of age but
12may assess costs against a child 14 years of age or older.
AB130-SSA1,67,2015
48.373
(1) The court assigned to exercise jurisdiction under this chapter
and
16ch. 938 may authorize medical services including surgical procedures when needed
17if the court assigned to exercise jurisdiction under this chapter
and ch. 938 18determines that reasonable cause exists for the services and that the minor is within
19the jurisdiction of the court assigned to exercise jurisdiction under this chapter
and
20ch. 938 and
, except as provided in s. 48.296 (4), consents.
AB130-SSA1,68,622
48.375
(4) (b) 1g. The minor provides the person who intends to perform or
23induce the abortion with a written statement, signed and dated by the minor, in
24which the minor swears that the pregnancy is the result of a sexual assault in
25violation of s. 940.225 (1), (2) or (3) in which the minor did not indicate a freely given
1agreement to have sexual intercourse. The person who intends to perform or induce
2the abortion shall place the statement in the minor's medical record and report the
3sexual intercourse as required under s. 48.981 (2) or (2m) (e). Any minor who makes
4a false statement under this subdivision
, which the minor does not believe is true,
5is subject to a proceeding under s.
48.12 or 48.13
938.12 or 938.13 (12), whichever is
6applicable, based on a violation of s. 946.32 (2).
