Amendment ASA-AB150

AB150-ASA, s. 2425 Section 2425. 48.02 (3m) of the statutes is amended to read:

AB150-ASA,823,8 48.02 (3m) "Delinquent" means a child who is less than 18 17 years of age and 12 years of age or older who has violated any state or federal criminal law, except as provided in ss. 48.17, 48.18 and 48.183, or who has committed a contempt of court, as defined in s. 785.01 (1), as specified in s. 48.355 (6g).

AB150-ASA, s. 2426g Section 2426g. 48.02 (15g) of the statutes is created to read:

AB150-ASA,823,12 48.02 (15g) "Secured child caring institution" means a child caring institution operated by a child welfare agency that is licensed under s. 48.66 (1) to hold in secure custody persons adjudged delinquent.

AB150-ASA, s. 2426m Section 2426m. 48.02 (15m) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150-ASA,823,19 48.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of health and social services or the department of corrections for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the facility at which the juvenile boot camp program under s. 48.532 is operated.

AB150-ASA, s. 2426p Section 2426p. 48.02 (15m) of the statutes, as affected by 1993 Wisconsin 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,823,25 48.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of corrections for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the facility at which the juvenile boot camp program under s. 48.532 is operated.

AB150-ASA, s. 2426r Section 2426r. 48.023 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150-ASA,824,6 48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department of corrections under s. 48.34 ( 4h), (4m) or (4n) or the supervision of a county department under s. 48.34 (4n).

AB150-ASA, s. 2426t Section 2426t. 48.025 (1) of the statutes is amended to read:

AB150-ASA,824,12 48.025 (1) Any person claiming to be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 may, in accordance with procedures under this section, file with the department of industry, labor and human relations a declaration of his interest in matters affecting such child.

AB150-ASA, s. 2426v Section 2426v. 48.025 (3) of the statutes is amended to read:

AB150-ASA,824,20 48.025 (3) A copy of a declaration filed with the department of industry, labor and human relations under sub. (1) shall be sent to the mother at her last-known address. Nonreceipt of such copy shall not affect the validity of the declaration. The mother may send a written response to the declaration to the department of industry, labor and human relations, and the written response shall be filed with the declaration. Failure to send a written response shall not constitute an admission of the statements contained in the declaration.

AB150-ASA, s. 2427 Section 2427. 48.06 (1) (b) of the statutes is amended to read:

AB150-ASA,824,25 48.06 (1) (b) Notwithstanding par. (a), the county board of supervisors may institute changes in the administration of services to the children's court center in order to qualify for the maximum amount of federal and state aid as provided in sub. (4) and s. 49.52 46.495.

AB150-ASA, s. 2428 Section 2428. 48.06 (4) of the statutes is amended to read:

AB150-ASA,825,10 48.06 (4) State aid. State aid to any county for court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 49.52 46.495, except as provided in s. 46.26 301.26. Counties having a population of less than 500,000 may use funds received under ss. 46.26 and 49.52 (1) (d) 46.495 (1) (d) and 301.26, including county or federal revenue sharing funds allocated to match funds received under s. 49.52 (1) (d) 46.495 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

AB150-ASA, s. 2428m Section 2428m. 48.069 (1) (intro.) of the statutes is amended to read:

AB150-ASA,825,15 48.069 (1) (intro.) The staff of the department of health and social services, the department of corrections, the court, a county department or a licensed child welfare agency designated by the court to carry out the objectives and provisions of this chapter shall:

AB150-ASA, s. 2428p Section 2428p. 48.069 (2) of the statutes is amended to read:

AB150-ASA,825,19 48.069 (2) Licensed child welfare agencies and, the department of health and social services and the department of corrections shall provide services under this section only upon the approval of the agency from whom services are requested.

AB150-ASA, s. 2429 Section 2429. 48.07 (1) of the statutes is repealed.

AB150-ASA, s. 2429m Section 2429m. 48.08 (2) of the statutes is amended to read:

AB150-ASA,826,4 48.08 (2) Except as provided in sub. (3), any person authorized to provide or providing intake or dispositional services for the court under ss. 48.067 and 48.069 and any department of corrections staff member designated by agreement between the department of corrections and the department of health and social services has the power of police officers and deputy sheriffs only for the purpose of taking a child into physical custody when the child comes voluntarily or is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.

AB150-ASA, s. 2430 Section 2430. 48.08 (3) (a) (intro.) of the statutes is amended to read:

AB150-ASA,826,13 48.08 (3) (a) (intro.) In addition to the law enforcement authority specified in sub. (2), department of health and social services personnel designated by that department, personnel of a nonprofit corporation operating a secured correctional facility for girls designated by agreement between that nonprofit corporation and the department of health and social services, and department of corrections personnel designated by agreement between the department of health and social services and the department of corrections have the power of law enforcement authorities to take a child into physical custody under the following conditions:

AB150-ASA, s. 2431 Section 2431. 48.12 (1) of the statutes is amended to read:

AB150-ASA,826,17 48.12 (1) The court has exclusive jurisdiction, except as provided in ss. 48.17, 48.18 and 48.183, over any child who is less than 17 years of age and 12 years of age or older and who is alleged to be delinquent as defined in s. 48.02 (3m).

AB150-ASA, s. 2432 Section 2432. 48.12 (2) of the statutes is amended to read:

AB150-ASA,827,2 48.12 (2) If a court proceeding has been commenced under this section before a child is 18 17 years of age, but the child becomes 18 17 years of age before admitting the facts of the petition at the plea hearing or if the child denies the facts, before an adjudication, the court retains jurisdiction over the case to dismiss the action with prejudice, to waive its jurisdiction under s. 48.18, or to enter into a consent decree. If the court finds that the child has failed to fulfill the express terms and conditions of the consent decree or the child objects to the continuation of the consent decree, the court may waive its jurisdiction.

AB150-ASA, s. 2433m Section 2433m. 48.18 (2m) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB150-ASA, s. 2433p Section 2433p. 48.18 (2r) of the statutes is created to read:

AB150-ASA,827,11 48.18 (2r) If it appears that the child may be suitable for participation in the serious juvenile offender program under s. 48.538 or the adult intensive sanctions program under s. 301.048, the judge shall order the department of corrections to submit a written report analyzing the child's suitability for participation in those programs and recommending whether the child should be placed in either of those programs.

AB150-ASA, s. 2434m Section 2434m. 48.18 (5) (c) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150-ASA,827,18 48.18 (5) (c) The adequacy and suitability of facilities, services and procedures available for treatment of the child and protection of the public within the juvenile justice system, and, where applicable, the mental health system and the suitability of the child for placement in the youthful offender program under s. 48.537 or the adult intensive sanctions program under s. 301.048.

AB150-ASA, s. 2434p Section 2434p. 48.18 (5) (c) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,827,25 48.18 (5) (c) The adequacy and suitability of facilities, services and procedures available for treatment of the child and protection of the public within the juvenile justice system, and, where applicable, the mental health system and the suitability of the child for placement in the serious juvenile offender program under s. 48.538 or the adult intensive sanctions program under s. 301.048.

AB150-ASA, s. 2435d Section 2435d. 48.19 (1) (d) 6. of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150-ASA,828,7 48.19 (1) (d) 6. The child has violated the terms of court-ordered supervision or aftercare supervision administered by the department of health and social services or a county department, or of corrective sanctions supervision administered by the department of health and social services or youthful offender supervision administered by the department of corrections.

AB150-ASA, s. 2435g Section 2435g. 48.19 (1) (d) 6. of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,828,13 48.19 (1) (d) 6. The child has violated the terms of court-ordered supervision or aftercare supervision administered by the department of corrections or a county department or of corrective sanctions supervision or serious juvenile offender supervision administered by the department of corrections.

AB150-ASA, s. 2435m Section 2435m. 48.20 (2) (cm) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB150-ASA,828,19 48.20 (2) (cm) If the child has violated the terms of aftercare supervision administered by the department of corrections or a county department, the person who took the child into custody may release the child to the department of corrections or county department, whichever has aftercare supervision over the child.

AB150-ASA, s. 2435p Section 2435p. 48.20 (7) (c) 1m. of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB150-ASA,828,25 48.20 (7) (c) 1m. In the case of a child who has violated the terms of aftercare supervision administered by the department of corrections or a county department, to the department of corrections or county department, whichever has aftercare supervision of the child.

AB150-ASA, s. 2435t Section 2435t. 48.20 (8) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150-ASA,829,21 48.20 (8) If a child is held in custody, the intake worker shall notify the child's parent, guardian and legal custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. If a child who has violated the terms of aftercare supervision administered by the department or a county department is held in custody, the intake worker shall also notify the department or county department, whichever has supervision over the child, of the reasons for holding the child in custody, of the child's whereabouts and of the time and place of the detention hearing required under s. 48.21. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 48.21, the nature and possible consequences of that hearing, the right to counsel under s. 48.23 regardless of ability to pay, and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is alleged to be in need of protection or services and is 12 years of age or older, or is alleged to have committed a delinquent act, the child shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the child and the child's parent, guardian or legal custodian.

AB150-ASA, s. 2435v Section 2435v. 48.20 (8) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,830,17 48.20 (8) If a child is held in custody, the intake worker shall notify the child's parent, guardian and legal custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. If a child who has violated the terms of aftercare supervision administered by the department of corrections or a county department is held in custody, the intake worker shall also notify the department of corrections or county department, whichever has supervision over the child, of the reasons for holding the child in custody, of the child's whereabouts and of the time and place of the detention hearing required under s. 48.21. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 48.21, the nature and possible consequences of that hearing, and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is alleged to be in need of protection or services and is 12 years of age or older, or is alleged to have committed a delinquent act, the child shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the child and the child's parent, guardian or legal custodian.

AB150-ASA, s. 2436m Section 2436m. 48.205 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150-ASA,830,24 48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers or proceedings of the division of hearings and appeals in the department of administration for revocation of aftercare, or corrective sanctions or youthful offender supervision.

AB150-ASA, s. 2436p Section 2436p. 48.205 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,831,7 48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers or proceedings of the division of hearings and appeals in the department of administration for revocation of aftercare, corrective sanctions or serious juvenile offender supervision.

AB150-ASA, s. 2437m Section 2437m. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB150-ASA,831,17 48.208 (1) Probable cause exists to believe that the child has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away as evidenced by a previous act or attempt so as to be unavailable for a court hearing or a revocation hearing for children on aftercare, or corrective sanctions or youthful offender supervision. For children on aftercare, or corrective sanctions or youthful offender supervision, the delinquent act referred to in this section may be the act for which the child was placed in a secured correctional facility.

AB150-ASA, s. 2437p Section 2437p. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,832,2 48.208 (1) Probable cause exists to believe that the child has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away as evidenced by a previous act or attempt so as to be unavailable for a court hearing or a revocation hearing for children on aftercare, corrective sanctions or serious juvenile offender supervision. For children on aftercare, corrective sanctions or serious juvenile offender supervision, the delinquent act referred to in this section may be the act for which the child was placed in a secured correctional facility.

AB150-ASA, s. 2437r Section 2437r. 48.21 (3) (d) of the statutes is amended to read:

AB150-ASA,832,9 48.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to counsel under s. 48.23 regardless of ability to pay, the right to confront and cross-examine witnesses and the right to present witnesses.

AB150-ASA, s. 2438 Section 2438. 48.22 (7) of the statutes is renumbered 48.22 (7) (a) and amended to read:

AB150-ASA,832,17 48.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter care facility is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

AB150-ASA, s. 2439 Section 2439. 48.22 (7) (b) of the statutes is created to read:

AB150-ASA,833,2 48.22 (7) (b) Before the department may issue a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility must pay to the department a biennial fee of $50, plus a biennial fee of $15 per child, based on the number of children that the shelter care facility is licensed to serve. A shelter care facility that wishes to renew a license issued under s. 48.66 (1) shall pay the fee under this paragraph by the renewal date of the license. A new shelter care facility shall pay the fee under this paragraph by no later than 30 days before the opening of the shelter care facility.

AB150-ASA, s. 2440 Section 2440. 48.22 (7) (c) of the statutes is created to read:

AB150-ASA,833,8 48.22 (7) (c) A shelter care facility that wishes to renew a license issued under s. 48.66 (1) and that fails to pay the fee under par. (b) by the renewal date of the license or a new shelter care facility that fails to pay the fee under par. (b) by 30 days before the opening of the shelter care facility shall pay an additional fee of $5 per day for every day after the deadline that the facility fails to pay the fee.

AB150-ASA, s. 2442m Section 2442m. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB150-ASA,833,17 48.23 (1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a child 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the child in a secured correctional facility, transfer legal custody of the child to the department of corrections for participation in the youthful offender program or transfer jurisdiction over the child to adult court.

AB150-ASA, s. 2442p Section 2442p. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,834,3 48.23 (1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a child 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the child in a secured correctional facility, transfer supervision of the child to the department of corrections for participation in the serious juvenile offender program or transfer jurisdiction over the child to adult court.

AB150-ASA, s. 2442r Section 2442r. 48.23 (2) (a) of the statutes is renumbered 48.23 (2) and amended to read:

AB150-ASA,834,15 48.23 (2) Right of parents to counsel. Whenever a child is alleged to be in need of protection or services under s. 48.13, or is the subject of a proceeding involving a contested adoption or the involuntary termination of parental rights, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel. A minor parent petitioning for the voluntary termination of parental rights shall be represented by a guardian ad litem. If a proceeding involves a contested adoption or the involuntary termination of parental rights, any parent 18 years old or older who appears before the court shall be represented by counsel; but the parent may waive counsel provided the court is satisfied such waiver is knowingly and voluntarily made.

AB150-ASA, s. 2442t Section 2442t. 48.23 (2) (b) of the statutes is repealed.

AB150-ASA, s. 2442v Section 2442v. 48.23 (3) of the statutes is amended to read:

AB150-ASA,834,22 48.23 (3) Power of the court to appoint counsel. At Except in proceedings under s. 48.13, at any time, upon request or on its own motion, the court may appoint counsel for the child or any party, unless the child or the party has or wishes to retain counsel of his or her own choosing. The court may not appoint counsel for any party other than the child in a proceeding under s. 48.13.

AB150-ASA, s. 2444m Section 2444m. 48.235 (8) of the statutes is amended to read:

AB150-ASA,835,12 48.235 (8) Compensation. On order of the court, the guardian ad litem appointed under this chapter shall be allowed reasonable compensation to be paid by the county of venue, except that compensation shall be paid by the proposed adoptive parents in uncontested termination proceedings and uncontested adoption cases under ss. 48.835 and 48.837 and by the agency in uncontested termination proceedings and uncontested adoptions under s. 48.833. If the proposed adoptive parents are unable to pay, the court may direct that the county of venue pay the compensation, in whole or in part, and may direct that the proposed adoptive parents reimburse the county, in whole or in part, for the payment. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b). At any time before the final order for adoption, the court may order that payments be placed in an escrow account in an amount estimated to be sufficient to pay the compensation of the guardian ad litem.

AB150-ASA, s. 2445 Section 2445. 48.243 (1) (b) of the statutes is amended to read:

AB150-ASA,835,15 48.243 (1) (b) The nature and possible consequences of the proceedings including the provisions of ss. 48.17, and 48.18 and 48.366 if applicable;

AB150-ASA, s. 2445g Section 2445g. 48.243 (1) (e) of the statutes is amended to read:

AB150-ASA,835,17 48.243 (1) (e) The right of the child to counsel under s. 48.23;

AB150-ASA, s. 2446 Section 2446. 48.255 (1) (intro.) of the statutes is amended to read:

AB150-ASA,835,24 48.255 (1) (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 48.12 or 48.13 (12), shall be entitled, "In the interest of (child's name), a person under the age of 18", and. A petition initiating proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest of (child's name), a person under the age of 17". A petition initiating proceedings under this chapter shall set forth with specificity:

AB150-ASA, s. 2448b Section 2448b. 48.27 (4) (b) of the statutes is amended to read:

AB150-ASA,836,2 48.27 (4) (b) Advise the child and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.

AB150-ASA, s. 2448d Section 2448d. 48.275 (2) (a) of the statutes is amended to read:

AB150-ASA,836,13 48.275 (2) (a) If this state or a county provides legal counsel to a child subject to a proceeding under s. 48.12 or 48.13, the court shall order the child's parent to provide a statement of income, assets and living expenses to the county department and shall order that parent to reimburse the state or county in accordance with par. (b) or (c). The court may not order reimbursement if a parent is the complaining or petitioning party or if the court finds that the interests of the parent and the interests of the child in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent. The court may not order reimbursement until the completion of the proceeding or until the state or county is no longer providing the child with legal counsel in the proceeding.