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 (this act), is repealed and recreated to read: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).
AB130-SSA1,68,109
48.38
(1) (a) "Agency" means the department
of health and social services, the
10department of corrections, a county department or a licensed child welfare agency.
AB130-SSA1, s. 317
11Section
317. 48.38 (3) (intro.) and (b) of the statutes are consolidated,
12renumbered 48.38 (3) and amended to read:
AB130-SSA1,68,1913
48.38
(3) Time. The agency shall file the permanency plan with the court
14within 60 days after the date on which the child was first held in physical custody
15or placed outside of his or her home under a court order, except
under either of the
16following conditions: (b) If that if the child is held for less than 60 days in a secure
17detention facility, juvenile portion of a county jail or a shelter care facility, no
18permanency plan is required if the child is returned to his or her home within that
19period.
AB130-SSA1,69,10
148.396
(1) Peace Law enforcement officers' records of children shall be kept
2separate from records of adults.
Peace Law enforcement officers' records of children
3shall not be open to inspection or their contents disclosed except under sub.
(1g) or 4(1m)
or (5) or s. 48.293 or by order of the court. This subsection does not apply to the
5representatives of newspapers or other reporters of news who wish to obtain
6information for the purpose of reporting news without revealing the identity of the
7child involved, to the confidential exchange of information between the police and
8officials of the school attended by the child or other law enforcement or social welfare
9agencies or to children
16 10 years of age or older who are
transferred to the criminal
10courts subject to the jurisdiction of the court of criminal jurisdiction.
AB130-SSA1,69,1512
48.396
(1g) If requested by the parent, guardian or legal custodian of a child
13who is the subject of a law enforcement officer's report, or if requested by the child,
14if 14 years of age or over, a law enforcement agency may, subject to official agency
15policy, provide to the parent, guardian, legal custodian or child a copy of that report.
AB130-SSA1, s. 322
16Section
322. 48.396 (1m) of the statutes is repealed and recreated to read:
AB130-SSA1,69,2217
48.396
(1m) Upon the written permission of the parent, guardian or legal
18custodian of a child who is the subject of a law enforcement officer's report or upon
19the written permission of the child, if 14 years of age or over, a law enforcement
20agency may, subject to official agency policy, make available to the person named in
21the permission any reports specifically identified by the parent, guardian, legal
22custodian or child in the written permission.
AB130-SSA1,70,424
48.396
(2) (a) Records of the court assigned to exercise jurisdiction under this
25chapter
and ch. 938 and of courts exercising jurisdiction under s. 48.16
or 48.17 (2)
1shall be entered in books or deposited in files kept for that purpose only. They shall
2not be open to inspection or their contents disclosed except by order of the court
3assigned to exercise jurisdiction under this chapter
and ch. 938 or as permitted under
4this section or s. 48.375 (7) (e).
AB130-SSA1,70,126
48.396
(2) (ag) Upon request of the parent, guardian or legal custodian of a
7child who is the subject of a record of a court specified in par. (a), or upon request of
8the child, if 14 years of age or over, the court shall open for inspection by the parent,
9guardian, legal custodian or child the records of the court relating to that child,
10unless the court finds, after due notice and hearing, that inspection of those records
11by the parent, guardian or legal custodian would result in imminent danger to the
12child.
AB130-SSA1,70,1814
48.396
(2) (am) Upon the written permission of the parent, guardian or legal
15custodian of a child who is the subject of a record of a court specified in par. (a), the
16court shall open for inspection by the person named in the permission any records
17specifically identified by the parent, guardian, legal custodian or child in the written
18permission.
AB130-SSA1,71,221
48.396
(2) (b) Upon request of the department
of health and social services, the
22department of corrections or a federal agency to review court records for the purpose
23of monitoring and conducting periodic evaluations of activities as required by and
24implemented under
45 CFR 1355,
1356 and
1357, the court shall open those records
1for inspection by authorized representatives of the
requesting department or federal
2agency.
AB130-SSA1,71,1815
48.415
(1) (a) 2. The child has been placed, or continued in a placement, outside
16the parent's home by a court order containing the notice required by s. 48.356 (2)
or
17938.356 (2) and the parent has failed to visit or communicate with the child for a
18period of 6 months or longer; or
AB130-SSA1,71,2420
48.415
(2) (a) That the child has been adjudged to be in need of protection or
21services and placed, or continued in a placement, outside his or her home pursuant
22to one or more court orders under s. 48.345, 48.357, 48.363
or, 48.365
, 938.345,
23938.357, 938.363 or 938.365 containing the notice required by s. 48.356 (2)
or 938.356
24(2).
AB130-SSA1,72,93
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
4described in s.
48.12 or 48.13 it appears that any person 17 or older has been guilty
5of contributing to, encouraging, or tending to cause by any act or omission, such
6condition of the child, the judge may make orders with respect to the conduct of such
7person in his or her relationship to the child, including orders determining the ability
8of the person to provide for the maintenance or care of the child and directing when,
9how and where funds for the maintenance or care shall be paid.
AB130-SSA1,72,1511
48.45
(1) (b) An act or failure to act contributes to a condition of a child as
12described in s.
48.12 or 48.13, although the child is not actually adjudicated to come
13within the provisions of s.
48.12 or 48.13, if the natural and probable consequences
14of that act or failure to act would be to cause the child to come within the provisions
15of s.
48.12 or 48.13.
AB130-SSA1,72,2518
48.45
(1m) (a) In a proceeding in which a child has been
adjudicated delinquent
19or has been found to be in need of protection or services
under s. 48.13, the judge may
20order the child's parent, guardian or legal custodian to comply with any conditions
21determined by the judge to be necessary for the child's welfare. An order under this
22paragraph may include an order to participate in mental health treatment, anger
23management, individual or family counseling or parent training and education and
24to make a reasonable contribution, based on ability to pay, toward the cost of those
25services.
AB130-SSA1,73,42
48.48
(13) To promulgate rules for the payment of an allowance to children in
3its institutions and a cash grant to a child being discharged from its institutions or
4released to aftercare
or corrective sanctions supervision.
AB130-SSA1, s. 342
5Section
342. 48.48 (13) of the statutes, as affected by 1995 Wisconsin Acts 27
6and .... (this act), is repealed and recreated to read:
AB130-SSA1,73,87
48.48
(13) To promulgate rules for the payment of an allowance to children in
8its institutions and a cash grant to a child being discharged from its institutions.
AB130-SSA1,73,1513
48.51
(1) (intro.) At least 15 days prior to the date of release of a child from a
14secured correctional facility
or a placement in the community under the corrective
15sanctions program, the department of health and social services shall:
AB130-SSA1, s. 345
16Section
345. 48.51 (1) (intro.) of the statutes, as affected by 1995 Wisconsin
17Acts 27 and .... (this act), is repealed.
AB130-SSA1,73,21
2048.52 (title)
Facilities for care of children in care of department of
21health and social services.
AB130-SSA1,73,2323
48.52
(1) (c) Group homes;
and
AB130-SSA1, s. 349
1Section
349. 48.533 of the statutes, as affected by 1995 Wisconsin Acts 27 and
2.... (this act), is repealed.
AB130-SSA1,74,145
48.533
(3) (a) A participant in the
corrective sanctions program
under sub. (2) 6remains under the supervision of the department, remains subject to the rules and
7discipline of that department and is considered to be in custody, as defined in s.
8946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, if a child violates a condition of
9that child's participation in the
corrective sanctions program
under sub. (2) the
10department may, without a hearing, take the child into custody and
place the child
11in a secure detention facility or return the child to placement in a
Type 1 secured
12correctional facility
for up to 72 hours as a sanction for that violation. If the child is
13returned to a secured correctional facility, for longer than 72 hours, the child is
14entitled to a hearing under s. 48.357 (5).
AB130-SSA1,74,17
15(3m) (title)
Escape. If a child runs away from the child's placement in the
16community while participating in the
corrective sanctions program
under sub. (2),
17that child is considered to have escaped in violation of s. 946.42 (3) (c).
AB130-SSA1,75,419
48.533
(3) (b) The department shall operate the corrective sanctions program
20as a Type 2 secured correctional facility. The secretary may allocate and reallocate
21existing and future facilities as part of the Type 2 secured correctional facility. The
22Type 2 secured correctional facility is subject to s. 46.03 (1). Construction or
23establishment of a Type 2 secured correctional facility shall be in compliance with
24all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48
25(13), construction or establishment of a Type 2 secured correctional facility is not
1subject to the ordinances or regulations relating to zoning, including zoning under
2ch. 91, of the county and city, village or town in which the construction or
3establishment takes place and is exempt from the investigations permitted under s.
446.22 (1) (c) 1. b.
AB130-SSA1,75,2412
48.547
(1) Legislative findings and purpose. The legislature finds that the use
13and abuse of alcohol and other drugs by children is a state responsibility of statewide
14dimension. The legislature recognizes that there is a lack of adequate procedures to
15screen, assess and treat children for alcohol and other drug abuse. To reduce the
16incidence of alcohol and other drug abuse by children, the legislature deems it
17necessary to experiment with solutions to the problems of the use and abuse of
18alcohol and other drugs by children by establishing a juvenile alcohol and other drug
19abuse pilot program in a limited number of counties. The purpose of the program is
20to develop intake and court procedures that screen, assess and give new dispositional
21alternatives for children with needs and problems related to the use of alcohol
22beverages or controlled substances who come within the jurisdiction of a court
23assigned to exercise jurisdiction under this chapter
and ch. 938 in the pilot counties
24selected by the department.
AB130-SSA1,76,8
148.547
(4) Assessment criteria. By September 1, 1988, the department shall
2develop uniform alcohol and other drug abuse assessment criteria to be used in the
3pilot program under ss. 48.245 (2) (a) 3.
, and 48.295 (1)
, 48.32 (1g), 48.343 (10) and
448.344 (2g). An approved treatment facility that assesses a person under
ss. s. 48.245
5(2) (a) 3.
, or 48.295 (1)
, 48.32 (1g), 48.343 (10) and 48.344 (2g) may not also provide
6the person with treatment unless the department permits the approved treatment
7facility to do both in accordance with the criteria established by rule by the
8department.
