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322. 48.396 (1m) of the statutes is repealed and recreated to read: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.
AB130-SSA1,77,724
48.57
(1) (a) To investigate the conditions surrounding
delinquent children, 25nonmarital children and children in need of protection or services including
1developmentally disabled children within the county and to take every reasonable
2action within its power to secure for them the full benefit of all laws enacted for their
3benefit. Unless provided by another agency, the county department shall offer social
4services to the caretaker of any child who is referred to it under the conditions
5specified in this paragraph. This duty shall be discharged in cooperation with the
6court and with the public officers or boards legally responsible for the administration
7and enforcement of these laws.
AB130-SSA1,77,1311
48.58
(1) (b) Provide care for children in need of protection or services
, and
12delinquent
children juveniles referred by the county department, if the delinquent
13children juveniles are placed in separate facilities;
AB130-SSA1,77,1715
48.58
(1) (c) Provide temporary shelter care for children in need of protection
16or services and delinquent
children juveniles; provided that the delinquent
children 17juveniles are placed in separate facilities.
AB130-SSA1,77,2019
48.58
(1) (d) Provide temporary shelter care for children taken into custody
20under s. 48.19
or 938.19.
AB130-SSA1,78,923
48.59
(1) The county department shall investigate the personal and family
24history and environment of any child transferred to its legal custody or placed under
25its supervision under s.
48.34 (4n) 48.345 and make any physical or mental
1examinations of the child considered necessary to determine the type of care
2necessary for the child. The county department shall screen a child who is examined
3under this subsection to determine whether the child is in need of special treatment
4or care because of alcohol or other drug abuse, mental illness or severe emotional
5disturbance. The county department shall keep a complete record of the information
6received from the court, the date of reception, all available data on the personal and
7family history of the child, the results of all tests and examinations given the child
8and a complete history of all placements of the child while in the legal custody or
9under the supervision of the county department.
AB130-SSA1,78,1313
48.60
(2) (h) A youth village program as described in s. 118.42.
AB130-SSA1,79,616
48.63
(1) Acting pursuant to court order or voluntary agreement, the child's
17parent or guardian or the department of health and social services, the department
18of corrections, a county department or a child welfare agency licensed to place
19children in foster homes or treatment foster homes may place a child or negotiate or
20act as intermediary for the placement of a child in a foster home, treatment foster
21home or group home. Voluntary agreements under this subsection may not be used
22for placements in facilities other than foster, treatment foster or group homes and
23may not be extended. A foster home or treatment foster home placement under a
24voluntary agreement may not exceed 6 months. A group home placement under a
25voluntary agreement may not exceed 15 days. These time limitations do not apply
1to placements made under
ss. 48.34 and s. 48.345
, 938.183, 938.34 or 938.345.
2Voluntary agreements may be made only under this subsection and shall be in
3writing and shall specifically state that the agreement may be terminated at any
4time by the parent or by the child if the child's consent to the agreement is required.
5The child's consent to the agreement is required whenever the child is 12 years of age
6or older.
AB130-SSA1,79,199
48.66
(1) The department shall license and supervise child welfare agencies,
10as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
11as required by s. 48.48 and day care centers, as required by s. 48.65. The department
12may license foster homes or treatment foster homes, as provided by s. 48.62, and may
13license and supervise county departments in accordance with the procedures
14specified in this section and in ss. 48.67 to 48.74. The department of corrections may
15license a child welfare agency to operate a secured child caring institution
, as defined
16in s. 938.02 (15g), for holding in secure custody children who have been
convicted
17under s. 938.183 or adjudicated delinquent under s.
48.34 938.34 (4h) or (4m) and
18referred to the child welfare agency by the court or the department of corrections and
19to provide supervision, care and maintenance for those children.
AB130-SSA1,80,1022
48.68
(1) After receipt of an application for a license, the department shall
23investigate to determine if the applicant meets the minimum requirements for a
24license adopted by the department under s. 48.67. In determining whether to issue
25a license, the department may consider any action by the applicant, or by an employe
1of the applicant, that constitutes a substantial failure by the applicant or employe
2to protect and promote the health, safety and welfare of a child. Upon satisfactory
3completion of this investigation and payment of the fee required under s.
48.22 (7)
4(b), 48.615 (1) (a) or (b), 48.625 (2) (a)
or, 48.65 (3) (a)
or 938.22 (7) (b), the department
5shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under
6s. 48.69. At the time of initial licensure and license renewal, the department shall
7provide a foster home licensee with written information relating to the age-related
8monthly foster care rates and supplemental payments specified in s. 48.62 (4),
9including payment amounts, eligibility requirements for supplemental payments
10and the procedures for applying for supplemental payments.
AB130-SSA1,80,1613
48.78
(1) In this section, unless otherwise qualified, "agency" means the
14department
of health and social services, the department of corrections, a county
15department, a licensed child welfare agency, a licensed day care center or a licensed
16maternity hospital.
AB130-SSA1,80,2118
48.78
(2) (a) No agency may make available for inspection or disclose the
19contents of any record kept or information received about an individual in its care
20or legal custody, except as provided under
sub. (3) or s. 48.371, 48.38 (5) (b) or (d),
2148.432, 48.433, 48.93 or 48.981 (7) or by order of the court.
AB130-SSA1,81,223
48.78
(2) (ag) Paragraph (a) does not prohibit an agency from making available
24for inspection or disclosing the contents of a record, upon the request of the parent,
25guardian or legal custodian of the child who is the subject of the record or upon the
1request of the child, if 14 years of age or over, to the parent, guardian, legal custodian
2or child.
