Engrossed Amendment SSA1-AB130

AB130-SSA1, s. 354 Section 354. 48.538 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 355 Section 355. 48.547 (1) of the statutes is amended to read:

AB130-SSA1,75,24 48.547 (1) Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by children is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat children for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by children, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by children by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for children with needs and problems related to the use of alcohol beverages or controlled substances who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 938 in the pilot counties selected by the department.

AB130-SSA1, s. 356 Section 356. 48.547 (4) of the statutes is amended to read:

AB130-SSA1,76,8 48.547 (4) Assessment criteria. By September 1, 1988, the department shall develop uniform alcohol and other drug abuse assessment criteria to be used in the pilot program under ss. 48.245 (2) (a) 3., and 48.295 (1), 48.32 (1g), 48.343 (10) and 48.344 (2g). An approved treatment facility that assesses a person under ss. s. 48.245 (2) (a) 3., or 48.295 (1), 48.32 (1g), 48.343 (10) and 48.344 (2g) may not also provide the person with treatment unless the department permits the approved treatment facility to do both in accordance with the criteria established by rule by the department.

AB130-SSA1, s. 357 Section 357. 48.553 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 358 Section 358. 48.554 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 359 Section 359. 48.555 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 360 Section 360. 48.556 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 361 Section 361. 48.557 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 362 Section 362. 48.558 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 363 Section 363. 48.559 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 364 Section 364. 48.57 (1) (a) of the statutes is amended to read:

AB130-SSA1,77,7 48.57 (1) (a) To investigate the conditions surrounding delinquent children, nonmarital children and children in need of protection or services including developmentally disabled children within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any child who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.

AB130-SSA1, s. 365 Section 365. 48.57 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 366 Section 366. 48.58 (1) (b) of the statutes is amended to read:

AB130-SSA1,77,13 48.58 (1) (b) Provide care for children in need of protection or services, and delinquent children juveniles referred by the county department, if the delinquent children juveniles are placed in separate facilities;

AB130-SSA1, s. 367 Section 367. 48.58 (1) (c) of the statutes is amended to read:

AB130-SSA1,77,17 48.58 (1) (c) Provide temporary shelter care for children in need of protection or services and delinquent children juveniles; provided that the delinquent children juveniles are placed in separate facilities.

AB130-SSA1, s. 368 Section 368. 48.58 (1) (d) of the statutes is amended to read:

AB130-SSA1,77,20 48.58 (1) (d) Provide temporary shelter care for children taken into custody under s. 48.19 or 938.19.

AB130-SSA1, s. 369 Section 369. 48.59 (1) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-SSA1,78,9 48.59 (1) The county department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.34 (4n) 48.345 and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child. The county department shall screen a child who is examined under this subsection to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department.

AB130-SSA1, s. 370 Section 370. 48.595 of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130-SSA1, s. 371 Section 371. 48.60 (2) (h) of the statutes is created to read:

AB130-SSA1,78,13 48.60 (2) (h) A youth village program as described in s. 118.42.

AB130-SSA1, s. 372 Section 372. 48.63 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,79,6 48.63 (1) Acting pursuant to court order or voluntary agreement, the child's parent or guardian or the department of health and social services, the department of corrections, a county department or a child welfare agency licensed to place children in foster homes or treatment foster homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 6 months. A group home placement under a voluntary agreement may not exceed 15 days. These time limitations do not apply to placements made under ss. 48.34 and s. 48.345, 938.183, 938.34 or 938.345. Voluntary agreements may be made only under this subsection and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older.

AB130-SSA1, s. 373 Section 373. 48.66 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,79,19 48.66 (1) The department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 48.48 and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody children who have been convicted under s. 938.183 or adjudicated delinquent under s. 48.34 938.34 (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those children.

AB130-SSA1, s. 374 Section 374. 48.68 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,80,10 48.68 (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under s. 48.67. In determining whether to issue a license, the department may consider any action by the applicant, or by an employe of the applicant, that constitutes a substantial failure by the applicant or employe to protect and promote the health, safety and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 48.22 (7) (b), 48.615 (1) (a) or (b), 48.625 (2) (a) or, 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69. At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.

AB130-SSA1, s. 375 Section 375. 48.78 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,80,16 48.78 (1) In this section, unless otherwise qualified, "agency" means the department of health and social services, the department of corrections, a county department, a licensed child welfare agency, a licensed day care center or a licensed maternity hospital.

AB130-SSA1, s. 376 Section 376. 48.78 (2) (a) of the statutes is amended to read:

AB130-SSA1,80,21 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under sub. (3) or s. 48.371, 48.38 (5) (b) or (d), 48.432, 48.433, 48.93 or 48.981 (7) or by order of the court.

AB130-SSA1, s. 377 Section 377. 48.78 (2) (ag) of the statutes is created to read:

AB130-SSA1,81,2 48.78 (2) (ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian or legal custodian of the child who is the subject of the record or upon the request of the child, if 14 years of age or over, to the parent, guardian, legal custodian or child.

AB130-SSA1, s. 378 Section 378. 48.78 (2) (am) of the statutes is created to read:

AB130-SSA1,81,9 48.78 (2) (am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian or legal custodian of the child who is the subject of the record or upon the written permission of the child, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian or child specifically identifies the record in the written permission.

AB130-SSA1, s. 379 Section 379. 48.78 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,81,15 48.78 (2) (c) Paragraph (a) does not prohibit the department of health and social services or a county department from using in the media a picture or description of a child in the guardianship of the department or a county department for the purpose of finding adoptive parents for that child.

AB130-SSA1, s. 380 Section 380. 48.78 (2) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 381 Section 381. 48.78 (2) (f) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 382 Section 382. 48.78 (2) (g) of the statutes is created to read:

AB130-SSA1,82,2 48.78 (2) (g) If an agency discloses information in its records about a child under par. (b), the agency shall immediately notify the child who is the subject of the record and the child's parent, guardian or legal custodian of that disclosure and shall immediately provide to the child and the parent, guardian or legal custodian the information disclosed, unless the agency determines that provision of that information to the parent, guardian or legal custodian would result in imminent danger to the child.

AB130-SSA1, s. 383 Section 383. 48.78 (3) of the statutes, as affected by 1995 Wisconsin Act 27, section 2614m, is amended to read:

AB130-SSA1,82,17 48.78 (3) If a child adjudged delinquent on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, or has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions supervision, the department may release the child's name and any information about the child that is necessary for the protection of the public or to secure the child's return to the facility or placement. The department shall promulgate rules establishing guidelines for the release of the child's name or information about the child to the public.

AB130-SSA1, s. 384 Section 384. 48.78 (3) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

AB130-SSA1, s. 385 Section 385. 48.79 (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,82,23 48.79 (title) Powers of the department of health and social services. (intro.) The department of health and social services has authority and power:

AB130-SSA1, s. 386 Section 386. 48.795 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB130-SSA1, s. 387 Section 387. 48.95 of the statutes is amended to read:

AB130-SSA1,83,8 48.95 Withdrawal or denial of petition. Except as provided under s. 48.839 (3) (b), if the petition is withdrawn or denied, the circuit court shall order the case transferred to the court assigned to exercise jurisdiction under this chapter and ch. 938 for appropriate action, except that if parental rights have been terminated and the guardian of the minor is the department, a licensed child welfare agency or a county department under s. 48.57 (1) (e) or (hm), the minor shall remain in the legal custody of the guardian.

AB130-SSA1, s. 388 Section 388. 48.991 of the statutes is renumbered 938.991.

AB130-SSA1, s. 389 Section 389. 48.992 (intro.) and (2) of the statutes are renumbered 938.992 (intro.) and (2).

AB130-SSA1, s. 390 Section 390. 48.992 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 938.992 (1) (a) and amended to read:

AB130-SSA1,83,19 938.992 (1) (a) The "appropriate court" of this state to issue a requisition under s. 48.991 938.991 (4) is the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the petitioner's residence, or, if the petitioner is a child welfare agency, the court so assigned for the county where the agency has its principal office, or, if the petitioner is the department of corrections, any court so assigned in the state.

AB130-SSA1, s. 391 Section 391. 48.992 (1) (b) of the statutes is renumbered 938.992 (1) (b) and amended to read:

AB130-SSA1,83,24 938.992 (1) (b) The "appropriate court" of this state to receive a requisition under s. 48.991 938.991 (4) or (5) or 48.998 938.998 is the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county where the juvenile is located.

AB130-SSA1, s. 392 Section 392. 48.992 (3) of the statutes is renumbered 938.992 (3) and amended to read:

AB130-SSA1,84,6 938.992 (3) Notwithstanding s. 48.991 938.991 (3) (b), "delinquent juvenile" does not include a person subject to an order under s. 48.366 who is confined to a state prison under s. 302.01 or a person subject to an order under s. 938.34 (4h) who is 17 years of age or over.

AB130-SSA1, s. 393 Section 393. 48.993 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 938.993 and amended to read:

AB130-SSA1,84,20 938.993 Juvenile compact administrator. (1) Under the interstate compact on juveniles, the governor may designate an officer or employe of the department of corrections to be the compact administrator, who, acting jointly with like officers of other party states, shall promulgate rules to carry out more effectively the terms of the compact. The compact administrator shall serve subject to the pleasure of the governor. If there is a vacancy in the office of compact administrator or in the case of absence or disability, the functions shall be performed by the secretary of corrections, or other employe designated by the secretary. The compact administrator may cooperate with all departments, agencies and officers of and in the government of this state and its political subdivisions in facilitating the proper administration of the compact or of any supplementary agreement entered into by this state.

AB130-SSA1,85,3 (2) The compact administrator shall determine for this state whether to receive juvenile probationers and parolees of other states under s. 48.991 938.991 (7) and shall arrange for the supervision of each such probationer or parolee received, either by the department of corrections or by a person appointed to perform supervision service for the court assigned to exercise jurisdiction under this chapter ch. 48 for the county where the juvenile is to reside, whichever is more convenient. Those persons shall in all such cases make periodic reports to the compact administrator regarding the conduct and progress of the juveniles.

AB130-SSA1, s. 394 Section 394. 48.994 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 938.994 and amended to read:

AB130-SSA1,85,12 938.994 Supplementary agreements. The department of corrections may enter into supplementary agreements with appropriate officials of other states under s. 48.991 938.991 (10). If the supplementary agreement requires or contemplates the use of any institution or facility of this state or the provision of any service by this state, the supplementary agreement has no effect until approved by the department or agency under whose jurisdiction the institution or facility is operated or which shall be charged with the rendering of the service.

AB130-SSA1, s. 395 Section 395. 48.995 (intro.) and (1) of the statutes are renumbered 938.995 (intro.) and (1) and amended to read:

AB130-SSA1,85,16 938.995 Financial arrangements. (intro.) The expense of returning juveniles to this state pursuant to s. 48.991 938.991 shall be paid as follows:

AB130-SSA1,86,2 (1) In the case of a runaway under s. 48.991 938.991 (4), the court making the requisition shall inquire summarily regarding the financial ability of the petitioner to bear the expense and if it finds the petitioner is able to do so, shall order the petitioner to pay all the expenses of returning the juvenile; otherwise the court shall arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for that person's actual and necessary expenses; and the court may order that the petitioner reimburse the county for so much of the expense as the court finds the petitioner is able to pay. If the petitioner fails, without good cause, or refuses to pay that sum, the petitioner may be proceeded against for contempt.

AB130-SSA1, s. 396 Section 396. 48.995 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 938.995 (2) and amended to read:

AB130-SSA1,86,15 938.995 (2) In the case of an escapee or absconder under s. 48.991 938.991 (5) or (6), if the juvenile is in the legal custody or under the supervision of the department of corrections, it shall bear the expense of his or her return; otherwise the appropriate court shall, on petition of the person entitled to the juvenile's custody or charged with his or her supervision, arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection "appropriate court" means the court which adjudged the juvenile to be delinquent or, if the juvenile is under supervision for another state under s. 48.991 938.991 (7), then the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the juvenile's residence during the supervision.

AB130-SSA1, s. 397 Section 397. 48.995 (3) and (4) of the statutes are renumbered 938.995 (3) and (4) and amended to read:

AB130-SSA1,87,6 938.995 (3) In the case of a voluntary return of a runaway without requisition under s. 48.991 938.991 (6), the person entitled to the juvenile's legal custody shall pay the expense of transportation and the actual and necessary expenses of the person, if any, who returns the juvenile; but if the person is financially unable to pay all the expenses he or she may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the petitioner's residence for an order arranging for the transportation as provided in sub. (1). The court shall inquire summarily into the financial ability of the petitioner and, if it finds the petitioner is unable to bear any or all of the expense, the court shall arrange for the transportation at the expense of the county and shall order the county to reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. The court may order that the petitioner reimburse the county for so much of the expense as the court finds the petitioner is able to pay. If the petitioner fails, without good cause, or refuses to pay that sum, he or she may be proceeded against for contempt.

AB130-SSA1,87,13 (4) In the case of a juvenile subject to a petition under s. 48.998 938.998, the appropriate court shall arrange for the transportation at the expense of the county in which the violation of criminal law is alleged to have been committed and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection "appropriate court" means the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county in which the violation of criminal law is alleged to have been committed.

AB130-SSA1, s. 398 Section 398. 48.996 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 938.996.

AB130-SSA1, s. 399 Section 399. 48.997 of the statutes is renumbered 938.997.

AB130-SSA1, s. 400 Section 400. 48.998 of the statutes is renumbered 938.998, and 938.998 (2), as renumbered, is amended to read:

AB130-SSA1,88,3 938.998 (2) All provisions and procedures of s. 48.991 938.991 (5) and (6) shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile, charged with being a delinquent by reason of violating any criminal law shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in s. 48.991 938.991 (5) shall be forwarded by the judge of the court in which the petition has been filed.

AB130-SSA1, s. 401 Section 401. 49.19 (4) (c) of the statutes is amended to read:

AB130-SSA1,88,12 49.19 (4) (c) The person having the care and custody of the dependent child must be fit and proper to have the child. Aid shall not be denied by the county department under s. 46.215 or 46.22 on the grounds that a person is not fit and proper to have the care and custody of the child until the county department obtains a finding substantiating that fact from a court assigned to exercise jurisdiction under ch. chs. 48 and 938 or other court of competent jurisdiction; but in appropriate cases it is the responsibility of the county department to petition under ch. 48 or refer the case to a proper child protection agency.

AB130-SSA1, s. 402 Section 402. 49.46 (1) (a) 5. of the statutes is amended to read:

AB130-SSA1,88,15 49.46 (1) (a) 5. Any child in an adoption assistance, foster care or treatment foster care placement under ch. 48 or 938, as determined by the department.

AB130-SSA1, s. 403 Section 403. 49.90 (1m) of the statutes is amended to read:

AB130-SSA1,88,21 49.90 (1m) Each spouse has an equal obligation to support the other spouse as provided in this chapter. Each parent has an equal obligation to support his or her minor children as provided in this chapter and ch. chs. 48 and 938. Each parent of a dependent person under the age of 18 has an equal obligation to support the child of the dependent person as provided under sub. (1) (a) 2.

AB130-SSA1, s. 404 Section 404. 50.39 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,89,7 50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s. 48.02 938.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.

AB130-SSA1, s. 405 Section 405. 51.05 (2) of the statutes is amended to read:

AB130-SSA1,89,17 51.05 (2) The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has legal residency authorizes the care, as provided in s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.