AB150-ASA, s. 2437p
18Section 2437p. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts
19377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-ASA,832,220
48.208
(1) Probable cause exists to believe that the child has committed a
21delinquent act and either presents a substantial risk of physical harm to another
22person or a substantial risk of running away as evidenced by a previous act or
23attempt so as to be unavailable for a court hearing or a revocation hearing for
24children on aftercare, corrective sanctions or serious juvenile offender supervision.
25For children on aftercare, corrective sanctions or serious juvenile offender
1supervision, the delinquent act referred to in this section may be the act for which
2the child was placed in a secured correctional facility.
AB150-ASA,832,94
48.21
(3) (d) Prior to the commencement of the hearing, the parent, guardian
5or legal custodian shall be informed by the court of the allegations that have been
6made or may be made, the nature and possible consequences of this hearing as
7compared to possible future hearings,
the right to counsel under s. 48.23 regardless
8of ability to pay, the right to confront and cross-examine witnesses and the right to
9present witnesses.
AB150-ASA, s. 2438
10Section
2438. 48.22 (7) of the statutes is renumbered 48.22 (7) (a) and
11amended to read:
AB150-ASA,832,1712
48.22
(7) (a) No person may establish a shelter care facility without first
13obtaining a license under s. 48.66 (1).
To obtain a license under s. 48.66 (1) to operate
14a shelter care facility, a person must meet the minimum requirements for a license
15established by the department under s. 48.67 and pay the license fee under par. (b).
16A license issued under s. 48.66 (1) to operate a shelter care facility is valid for 2 years
17after the date of issuance, unless sooner revoked or suspended.
AB150-ASA,833,219
48.22
(7) (b) Before the department may issue a license under s. 48.66 (1) to
20operate a shelter care facility, the shelter care facility must pay to the department
21a biennial fee of $50, plus a biennial fee of $15 per child, based on the number of
22children that the shelter care facility is licensed to serve. A shelter care facility that
23wishes to renew a license issued under s. 48.66 (1) shall pay the fee under this
24paragraph by the renewal date of the license. A new shelter care facility shall pay
1the fee under this paragraph by no later than 30 days before the opening of the
2shelter care facility.
AB150-ASA,833,84
48.22
(7) (c) A shelter care facility that wishes to renew a license issued under
5s. 48.66 (1) and that fails to pay the fee under par. (b) by the renewal date of the
6license or a new shelter care facility that fails to pay the fee under par. (b) by 30 days
7before the opening of the shelter care facility shall pay an additional fee of $5 per day
8for every day after the deadline that the facility fails to pay the fee.
AB150-ASA, s. 2442m
9Section 2442m. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
10377, 385 and 491, is amended to read:
AB150-ASA,833,1711
48.23
(1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure
12detention facility shall be represented by counsel at all stages of the proceedings, but
13a child 15 years of age or older may waive counsel if the court is satisfied that the
14waiver is knowingly and voluntarily made and the court accepts the waiver. If the
15waiver is accepted, the court may not place the child in a secured correctional facility
,
16transfer legal custody of the child to the department of corrections for participation
17in the youthful offender program or transfer jurisdiction over the child to adult court.
AB150-ASA, s. 2442p
18Section 2442p. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
19377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
20read:
AB150-ASA,834,321
48.23
(1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure
22detention facility shall be represented by counsel at all stages of the proceedings, but
23a child 15 years of age or older may waive counsel if the court is satisfied that the
24waiver is knowingly and voluntarily made and the court accepts the waiver. If the
25waiver is accepted, the court may not place the child in a secured correctional facility,
1transfer supervision of the child to the department of corrections for participation in
2the serious juvenile offender program or transfer jurisdiction over the child to adult
3court.
AB150-ASA, s. 2442r
4Section 2442r. 48.23 (2) (a) of the statutes is renumbered 48.23 (2) and
5amended to read:
AB150-ASA,834,156
48.23
(2) Right of parents to counsel. Whenever a child is
alleged to be in need
7of protection or services under s. 48.13, or is the subject of a proceeding involving a
8contested adoption or the involuntary termination of parental rights, any parent
9under 18 years of age who appears before the court shall be represented by counsel;
10but no such parent may waive counsel. A minor parent petitioning for the voluntary
11termination of parental rights shall be represented by a guardian ad litem. If a
12proceeding involves a contested adoption or the involuntary termination of parental
13rights, any parent 18 years old or older who appears before the court shall be
14represented by counsel; but the parent may waive counsel provided the court is
15satisfied such waiver is knowingly and voluntarily made.
AB150-ASA,834,2218
48.23
(3) Power of the court to appoint counsel. At Except in proceedings
19under s. 48.13, at any time, upon request or on its own motion, the court may appoint
20counsel for the child or any party, unless the child or the party has or wishes to retain
21counsel of his or her own choosing.
The court may not appoint counsel for any party
22other than the child in a proceeding under s. 48.13.
AB150-ASA,835,1224
48.235
(8) Compensation. On order of the court, the guardian ad litem
25appointed under this chapter shall be allowed reasonable compensation to be paid
1by the county of venue, except that compensation shall be paid by the proposed
2adoptive parents in uncontested termination proceedings and uncontested adoption
3cases under ss. 48.835 and 48.837 and by the agency in uncontested termination
4proceedings and uncontested adoptions under s. 48.833. If the proposed adoptive
5parents are unable to pay, the court may direct that the county of venue pay the
6compensation, in whole or in part, and may direct that the proposed adoptive parents
7reimburse the county, in whole or in part, for the payment. If the court orders a
8county to pay the compensation of the guardian ad litem, the amount ordered may
9not exceed the compensation paid to private attorneys under s. 977.08 (4m)
(b). At
10any time before the final order for adoption, the court may order that payments be
11placed in an escrow account in an amount estimated to be sufficient to pay the
12compensation of the guardian ad litem.
AB150-ASA,835,1514
48.243
(1) (b) The nature and possible consequences of the proceedings
15including the provisions of ss. 48.17
, and 48.18
and 48.366 if applicable;
AB150-ASA,835,1717
48.243
(1) (e) The right
of the child to counsel under s. 48.23;
AB150-ASA, s. 2446
18Section
2446. 48.255 (1) (intro.) of the statutes is amended to read:
AB150-ASA,835,2419
48.255
(1) (intro.) A petition initiating proceedings under this chapter
, other
20than a petition initiating proceedings under s. 48.12 or 48.13 (12), shall be entitled,
21"In the interest of (child's name), a person under the age of 18"
, and. A petition
22initiating proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest
23of (child's name), a person under the age of 17". A petition initiating proceedings
24under this chapter shall set forth with specificity:
AB150-ASA,836,2
148.27
(4) (b) Advise the child
and any other party, if applicable, of his or her
2right to legal counsel regardless of ability to pay.
AB150-ASA,836,134
48.275
(2) (a) If this state or a county provides legal counsel to a child subject
5to a proceeding under s. 48.12 or 48.13, the court shall order the child's parent
to
6provide a statement of income, assets and living expenses to the county department
7and shall order that parent to reimburse the state or county in accordance with par.
8(b) or (c). The court may not order reimbursement if a parent is the complaining or
9petitioning party or if the court finds that the interests of the parent and the interests
10of the child in the proceeding are substantially and directly adverse and that
11reimbursement would be unfair to the parent. The court may not order
12reimbursement until the completion of the proceeding or until the state or county is
13no longer providing the child with legal counsel in the proceeding.
AB150-ASA,836,2315
48.275
(2) (b) If this state provides the child with legal counsel and the court
16orders reimbursement under par. (a), the
county department shall child's parent may
17request the state public defender to determine whether the parent is indigent as
18provided under s. 977.07 and
shall to determine the amount of reimbursement. If
19the parent is found not to be indigent, the amount of reimbursement shall be the
20maximum amount established by the public defender board. If the parent is found
21to be indigent in part, the amount of reimbursement shall be the amount of partial
22payment determined in accordance with the rules of the public defender board under
23s. 977.02 (3).
AB150-ASA,837,8
148.275
(2) (d) Reimbursement payments shall be made to the clerk of courts
2of the county where the proceedings took place. Each payment shall be transmitted
3to the county treasurer, who shall deposit
50% 25% of the amount paid for
4state-provided counsel in the county treasury and transmit the remainder to the
5state treasurer
for deposit. Payments transmitted to the state treasurer shall be
6deposited in the general fund
and credited to the appropriation account under s.
720.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for
8county-provided counsel in the county treasury.
AB150-ASA, s. 2448j
9Section 2448j. 48.275 (2) (d) of the statutes, as affected by 1995 Wisconsin Act
10.... (this act), is amended to read:
AB150-ASA,837,1811
48.275
(2) (d) Reimbursement payments shall be made to the clerk of courts
12of the county where the proceedings took place. Each payment shall be transmitted
13to the county treasurer, who shall deposit 25% of the amount paid for state-provided
14counsel in the county treasury and transmit the remainder to the
state treasurer 15secretary of administration. Payments transmitted to the
state treasurer secretary
16of administration shall be deposited in the general fund and credited to the
17appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit
18100% of the amount paid for county-provided counsel in the county treasury.
AB150-ASA,838,1020
48.30
(6) If a petition is not contested, the court shall set a date for the
21dispositional hearing which allows reasonable time for the parties to prepare but is
22no more than 10 days from the plea hearing for the child who is held in secure custody
23and no more than 30 days from the plea hearing for a child who is not held in secure
24custody. If it appears to the court that disposition of the case may include placement
25of the child outside the child's home, the court shall order the child's parent to provide
1a statement of income, assets, debts and living expenses to the court or the
2designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
3dispositional hearing or as otherwise ordered by the court. The clerk of court shall
4provide, without charge, to any parent ordered to provide a statement of income,
5assets, debts and living expenses a document setting forth the percentage standard
6established by the department
of industry, labor and human relations under s.
46.25 749.143 (9) and listing the factors that a court may consider under s. 46.10 (14) (c).
8If all parties consent the court may proceed immediately with the dispositional
9hearing. If a citation is not contested, the court may proceed immediately to enter a
10dispositional order.
AB150-ASA,839,212
48.31
(7) At the close of the fact-finding hearing, the court shall set a date for
13the dispositional hearing which allows a reasonable time for the parties to prepare
14but is no more than 10 days from the fact-finding hearing for a child in secure custody
15and no more than 30 days from the fact-finding hearing for a child not held in secure
16custody. If it appears to the court that disposition of the case may include placement
17of the child outside the child's home, the court shall order the child's parent to provide
18a statement of income, assets, debts and living expenses to the court or the
19designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
20dispositional hearing or as otherwise ordered by the court. The clerk of court shall
21provide, without charge, to any parent ordered to provide a statement of income,
22assets, debts and living expenses a document setting forth the percentage standard
23established by the department
of industry, labor and human relations under s.
46.25 2449.143 (9) and listing the factors that a court may consider under s. 46.10 (14) (c).
1If all parties consent, the court may immediately proceed with a dispositional
2hearing.
AB150-ASA,839,74
48.33
(1) Report required. (intro.) Before the disposition of a child adjudged
5to be delinquent or in need of protection or services the court shall designate an
6agency
, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the
7following:
AB150-ASA,839,1911
48.33
(3r) Serious juvenile offender report. If a child 14 years of age or over
12has been adjudicated delinquent for committing a violation specified in s. 48.34 (4h)
13(a), the report shall be submitted in writing by the department of corrections and, in
14addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable,
15shall include an analysis of the child's suitability for placement in the serious
16juvenile offender program under s. 48.34 (4h) or in a secured correctional facility
17under s. 48.34 (4m), a placement specified in s. 48.34 (3) or placement in the child's
18home with supervision and community-based programming and a recommendation
19as to the type of placement for which the child is best suited.
AB150-ASA,840,222
48.34
(2) Place the child under supervision of an agency, the department
of
23corrections, if the department
of corrections approves, or a suitable adult, including
24a friend of the child, under conditions prescribed by the judge including reasonable
1rules for the child's conduct, designed for the physical, mental and moral well-being
2and behavior of the child.
AB150-ASA,840,105
48.34
(2m) Place the child in his or her home under the supervision of an
6agency
, as defined under s. 48.38 (1) (a) or the department of health and social
7services, if that department approves, and order the agency
or department to provide
8specified services to the child and the child's family, which may include but are not
9limited to individual or group counseling, homemaker or parent aide services, respite
10care, housing assistance, day care or parent skills training.
AB150-ASA,840,2013
48.34
(2m) Place the child in the child's home under the supervision of an
14agency, the department of health and social services, if the child is in need of
15protection or services and that department approves, or the department of
16corrections, if the child is delinquent and that department approves, and order the
17agency or department to provide specified services to the child and the child's family,
18which may include but are not limited to individual, family or group counseling,
19homemaker or parent aide services, respite care, housing assistance, day care or
20parent skills training.
AB150-ASA,840,2522
48.34
(3g) If the judge places the child in the community under sub. (2m), (2r),
23(3) or (10), the judge may order the child to be monitored Monitoring by an electronic
24monitoring system
for a child subject to an order under sub. (2m), (2r), (3), (4n) or (10)
25who is placed in the community.
AB150-ASA, s. 2453p
1Section 2453p. 48.34 (3g) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is repealed and recreated to read:
AB150-ASA,841,43
48.34
(3g) Monitoring by an electronic monitoring system for a child subject
4to an order under sub. (2m), (2r), (3), (4h), (4n) or (10) who is placed in the community.
AB150-ASA,841,98
48.34
(4h) Place the child in the serious juvenile offender program under s.
948.538, but only if all of the following apply:
AB150-ASA,841,1310
(a) The child is 14 years of age or over and has been adjudicated delinquent for
11committing a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05,
12940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
13(1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36.
AB150-ASA,841,1614
(b) The judge finds that the only other disposition that would be appropriate
15for the child would be placement of the child in a secured correctional facility under
16sub. (4m).
AB150-ASA,841,2019
48.34
(4m) (intro.) Place the child in a secured correctional facility under the
20supervision of the department
of corrections, but only if
all of the following apply:
AB150-ASA,841,2422
48.34
(4m) (a) The child has been found to be delinquent for the commission
23of an act which if committed by an adult would be punishable by a sentence of 6
24months or more
; and.
AB150-ASA,842,73
48.34
(4n) (intro.) Subject to
s. 48.532 (3) and to any arrangement between the
4department and a county department regarding the provision of aftercare
5supervision for children, designate one of the following to provide aftercare
6supervision for the child following the child's release from a secured correctional
7facility:
AB150-ASA, s. 2461m
8Section 2461m. 48.34 (4n) (intro.) of the statutes, as affected by 1995
9Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-ASA,842,1410
48.34
(4n) (intro.) Subject to s. 48.532 (3) and to any arrangement between
11the department of corrections and a county department regarding the provision of
12aftercare supervision for children, designate one of the following to provide aftercare
13supervision for the child following the child's release from a secured correctional
14facility:
AB150-ASA,842,1717
48.34
(4n) (a) The department
of corrections.
AB150-ASA,842,2119
48.34
(10) (a) The judge may order that a child
, on attaining 17
or more years
20of age
, be allowed to live independently, either alone or with friends, under such
21supervision as the judge deems appropriate.
AB150-ASA, s. 2464m
22Section 2464m. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin
23Acts 377, 385 and 491, is amended to read:
AB150-ASA,842,2524
48.345
(1) (a) Place the child in a secured correctional facility
or transfer the
25custody of the child to the department of corrections.
AB150-ASA, s. 2464p
1Section 2464p. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin
2Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated
3to read:
AB150-ASA,843,54
48.345
(1) (a) Place the child in the serious juvenile offender program or in a
5secured correctional facility.
AB150-ASA,843,117
48.35
(1) (c) Disposition by the court assigned to exercise jurisdiction under this
8chapter of any allegation under s. 48.12 shall bar any future proceeding on the same
9matter in criminal court when the child reaches the age of
18 17. This paragraph
10does not affect proceedings in criminal court which have been transferred under s.
1148.18.
AB150-ASA, s. 2465m
12Section 2465m. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
13Acts 377, 385 and 491, is amended to read:
AB150-ASA,843,2514
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
15this section shall terminate at the end of one year unless the judge specifies a shorter
16period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
17at the end of one year unless the judge specifies a shorter period of time. No extension
18under s. 48.365 of an original dispositional order may be granted for a child
whose
19legal custody has been transferred to the department of corrections under s. 48.34
20(4g) or who is under the supervision of the department
of health and social services 21under s. 48.34 (4m) or (4n) or under the supervision of a county department under
22s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional
23order terminates. Any order made before the child reaches the age of majority shall
24be effective for a time up to one year after its entry unless the judge specifies a shorter
25period of time.
AB150-ASA, s. 2465p
1Section 2465p. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
2Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated
3to read:
AB150-ASA,844,134
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
5this section shall terminate at the end of one year unless the judge specifies a shorter
6period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
7at the end of one year unless the judge specifies a shorter period of time. No extension
8under s. 48.365 of an original dispositional order may be granted for a child who is
9under the supervision of the department of corrections under s. 48.34 (4h), (4m) or
10(4n) or under the supervision of a county department under s. 48.34 (4n) if the child
11is 17 years of age or older when the original dispositional order terminates. Any
12order made before the child reaches the age of majority shall be effective for a time
13up to one year after its entry unless the judge specifies a shorter period of time.
AB150-ASA,844,2316
48.355
(4) (b)
An order under s. 48.34
(4g) or (4m) for which a child has been
17adjudicated delinquent is subject to par. (a), except that the judge may make
an order
18under s. 48.34 (4m) the order apply for up to 2 years or until the child's 19th birthdate,
19whichever is earlier
, and the judge shall make an order under s. 48.34 (4g) apply for
205 years, if the child is adjudicated delinquent for committing an act that would be
21punishable as a Class B, C or D felony if committed by an adult, or until the child
22reaches 25 years of age, if the child is adjudicated delinquent for committing an act
23that would be punishable as a Class A felony if committed by an adult.
AB150-ASA,845,64
48.355
(4) (b) An order under s. 48.34 (4m) for which a child has been
5adjudicated delinquent is subject to par. (a), except that the judge may make the
6order apply for up to 2 years or until the child's 18th birthdate, whichever is earlier.