AB150-ASA,846,420
48.357
(4) (a) When the child is placed with the department
of corrections, the
21department
of corrections may, after an examination under s.
48.50 48.555, place the
22child in a secured correctional facility
or in a secured child caring institution or on
23aftercare or corrective sanctions supervision, either immediately or after a period of
24placement in a secured correctional facility. The department shall send written
25notice of the change to the parent, guardian, legal custodian, county department
1designated under s. 48.34 (4n), if any, and committing court.
A child is who placed
2in a secured child caring institution remains under the supervision of the
3department of corrections, remains subject to the rules and discipline of that
4department and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB150-ASA,846,126
48.357
(4) (b) The child welfare agency that is operating a secured child caring
7institution in which a child has been placed under par. (a) may place the child in a
8less restrictive placement or in a secured correctional facility and may transfer the
9child between secured child caring institutions, without a hearing under sub. (1).
10The child welfare agency shall establish a rate for each type of placement in the
11manner provided in s. 46.037, except that a child welfare agency is not entitled to
12receive payment for time that a child is placed in a secured correctional facility.
AB150-ASA,847,214
48.357
(4d) If a child who is placed in a child caring institution as a result of
15a delinquency adjudication violates a rule of the child caring institution or is
16otherwise in need of crisis intervention, the child welfare agency operating the child
17caring institution shall notify the department of corrections and may, without a
18hearing under sub. (1), place the child in a secured correctional facility or in a secure
19detention facility for not more than 30 days. The department shall send written
20notice of the change to the parent, guardian, legal custodian and committing court.
21If a child is placed in a secured correctional facility or secure detention facility under
22this subsection, the child welfare agency operating the child caring institution in
23which the child was placed shall reimburse the department of corrections at the rate
24specified in s. 301.26 (4) (d) 3m. or 4., whichever is applicable, or county operating
25the secure detention facility at the rate established by that county for the cost of the
1child's care while placed in the secured correctional facility or secure detention
2facility under this subsection.
AB150-ASA,847,135
48.357
(4g) (a) Not later than 120 days after the date on which the child is
6placed in a secured correctional facility, or not less than 30 days before the date on
7which the department
of corrections determines that the child is eligible for release
8to aftercare supervision, whichever is earlier, the aftercare provider designated
9under s. 48.34 (4n) shall prepare an aftercare plan for the child. If the aftercare
10provider designated under s. 48.34 (4n) is a county department, that county
11department shall submit the aftercare plan to the department
of corrections within
12the time limits specified in this paragraph, unless the department
of corrections 13waives those time limits under par. (b).
AB150-ASA,848,516
48.357
(4g) (b) The department
of corrections may waive the time period within
17which an aftercare plan must be prepared and submitted under par. (a) if
the that 18department anticipates that the child will remain in the secured correctional facility
19for a period exceeding 8 months, if the child is subject to extended jurisdiction under
20s. 48.366 or if the child is under corrective sanctions supervision under s. 48.533. If
21the department
of corrections has waived the time period within which an aftercare
22plan must be prepared and submitted and if there will be a reasonable time period
23after release from the secured correctional facility or from corrective sanctions
24supervision during which the child may remain subject to court jurisdiction,
the that 25department shall notify the county department providing aftercare supervision of
1the anticipated release date not less than 60 days before the date on which the child
2will be eligible for release. If the department
of corrections waives the time limits
3specified under par. (a), the aftercare plan shall be prepared by
the that department
4or prepared and submitted by the county department providing aftercare
5supervision on or before the date on which the child becomes eligible for release.
AB150-ASA,848,97
48.357
(4m) The department
of corrections shall try to release a child to
8aftercare or corrective sanctions supervision under sub. (4) within 30 days after the
9date
the that department determines the child is eligible for the release.
AB150-ASA,848,1712
48.357
(5) (a) The department
of corrections or a county department,
13whichever has been designated as a child's aftercare provider under s. 48.34 (4n),
14may revoke the aftercare status of that child. The department
of corrections may
15revoke a child's placement in the community under corrective sanctions supervision.
16Revocation of aftercare or corrective sanctions supervision shall not require prior
17notice under sub. (1).
AB150-ASA,848,2520
48.357
(5) (g) The department
of corrections shall promulgate rules setting
21standards to be used by a hearing examiner to determine whether to revoke a child's
22aftercare or corrective sanctions status. The standards shall specify that the burden
23is on the department
of corrections or county department seeking revocation to show
24by a preponderance of the evidence that the child violated a condition of aftercare or
25corrective sanctions supervision.
AB150-ASA,849,122
48.357
(5m) If a proposed change in placement changes a child's placement
3from a placement in the child's home to a placement outside the child's home, the
4court shall order the child's parent to provide a statement of income, assets, debts
5and living expenses to the court or the person or agency primarily responsible for
6implementing the dispositional order by a date specified by the court. The clerk of
7court shall provide, without charge, to any parent ordered to provide a statement of
8income, assets, debts and living expenses a document setting forth the percentage
9standard established by the department
of industry, labor and human relations 10under s.
46.25 49.143 (9) and listing the factors that a court may consider under s.
1146.10 (14) (c). If the child is placed outside the child's home, the court shall determine
12the liability of the parent in the manner provided in s. 46.10 (14).
AB150-ASA,850,214
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
15court otherwise designates an alternative placement for the child by a disposition
16made under s. 48.34 or 48.345 or by a change in placement under s. 48.357, the duty
17of the parent or guardian or, in the case of a transfer of guardianship and custody
18under s. 48.839 (4), the duty of the former guardian to provide support shall continue
19even though the legal custodian or the placement designee may provide the support.
20A copy of the order transferring custody or designating alternative placement for the
21child shall be submitted to the agency or person receiving custody or placement and
22the agency or person may apply to the court for an order to compel the parent or
23guardian to provide the support. Support payments for residential services, when
24purchased or otherwise funded or provided by the department
of health and social
1services, the department of corrections, or a county department under s. 46.215,
246.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).
AB150-ASA,850,113
(b) In determining the amount of support under par. (a), the court may consider
4all relevant financial information or other information relevant to the parent's
5earning capacity, including information reported to the department
of industry, labor
6and human relations, or the county child and spousal support agency, under s.
46.25 749.143 (2m). If the court has insufficient information with which to determine the
8amount of support, the court shall order the child's parent to furnish a statement of
9income, assets, debts and living expenses, if the parent has not already done so, to
10the court within 10 days after the court's order transferring custody or designating
11an alternative placement is entered or at such other time as ordered by the court.
AB150-ASA,851,1413
48.363
(1) A child, the child's parent, guardian or legal custodian, any person
14or agency bound by a dispositional order or the district attorney or corporation
15counsel in the county in which the dispositional order was entered may request a
16revision in the order that does not involve a change in placement, including a revision
17with respect to the amount of child support to be paid by a parent, or the court may
18on its own motion propose such a revision. The request or court proposal shall set
19forth in detail the nature of the proposed revision and what new information is
20available that affects the advisability of the court's disposition. The request or court
21proposal shall be submitted to the court. The court shall hold a hearing on the matter
22if the request or court proposal indicates that new information is available which
23affects the advisability of the court's dispositional order and prior to any revision of
24the dispositional order, unless written waivers of objections to the revision are signed
25by all parties entitled to receive notice and the court approves. If a hearing is held,
1the court shall notify the parent, child, guardian and legal custodian, all parties
2bound by the dispositional order and the district attorney or corporation counsel in
3the county in which the dispositional order was entered at least 3 days prior to the
4hearing. A copy of the request or proposal shall be attached to the notice. If the
5proposed revision is for a change in the amount of child support to be paid by a parent,
6the court shall order the child's parent to provide a statement of income, assets, debts
7and living expenses to the court and the person or agency primarily responsible for
8implementing the dispositional order by a date specified by the court. The clerk of
9court shall provide, without charge, to any parent ordered to provide a statement of
10income, assets, debts and living expenses a document setting forth the percentage
11standard established by the department
of industry, labor and human relations 12under s.
46.25 49.143 (9) and listing the factors that a court may consider under s.
1346.10 (14) (c). If all parties consent, the court may proceed immediately with the
14hearing. No revision may extend the effective period of the original order.
AB150-ASA,851,2117
48.365
(7) Nothing in this section may be construed to allow any changes in
18placement or revocation of aftercare
, or corrective sanctions
or youthful offender
19supervision. Revocation and other changes in placement may take place only under
20s. 48.357
or, for a child who is a participant in the youthful offender program, s.
2148.537.
AB150-ASA,852,324
48.365
(7) Nothing in this section may be construed to allow any changes in
25placement or revocation of aftercare, corrective sanctions or serious juvenile offender
1supervision. Revocation and other changes in placement may take place only under
2s. 48.357 or, for a child who is a participant in the serious juvenile offender program,
3s. 48.538.
AB150-ASA,852,106
48.366
(1) (a) (intro.)
If Subject to par. (c), if the person committed any crime
7specified under s. 940.01, 940.02, 940.05, 940.21 or 940.225 (1) (a) to (c), 948.03 or
8948.04, is adjudged delinquent on that basis and is placed in a secured correctional
9facility under s. 48.34 (4m), the court shall enter an order extending its jurisdiction
10as follows:
AB150-ASA,852,1612
48.366
(1) (b)
If Subject to par. (c), if the person committed a crime specified in
13s. 940.20 (1) or 946.43 while placed in a secured correctional facility and is adjudged
14delinquent on that basis following transfer of jurisdiction under s. 970.032, the court
15shall enter an order extending its jurisdiction until the person reaches 21 years of
16age or until termination of the order under sub. (6), whichever occurs earlier.
AB150-ASA,852,1918
48.366
(1) (c) A court may not enter an order extending its jurisdiction as
19provided in par. (a) or (b) with respect to any violation committed after June 30, 1996.
AB150-ASA,852,2322
48.366
(5) (a) 2. The department
of corrections or county department ordered
23under s. 48.34 (4n) to provide aftercare supervision of the person.
AB150-ASA, s. 2472g
24Section 2472g. 48.366 (5) (b) (intro.) of the statutes is amended to read:
AB150-ASA,853,4
148.366
(5) (b) (intro.) The department
of corrections or county department may,
2at any time, file a petition proposing either release of a person subject to an order to
3aftercare supervision or revocation of the person's aftercare supervision. The
4petition shall set forth in detail:
AB150-ASA,853,146
48.366
(5) (d) 1. At the time the department
of corrections or county
7department files a petition under par. (a), it shall provide written notice of the
8petition to the person who is the subject of the petition. The notice to the person who
9is the subject of the petition shall state that the person has a right to request a
10hearing on the petition and, if the petition is for revocation of a person's aftercare
11supervision, that the person has the right to counsel. The department
of corrections 12or county department shall also provide written notice of the petition to the office of
13the district attorney that filed the petition on the basis of which the child was
14adjudged delinquent and the victim, if any, of the delinquent act.
AB150-ASA,853,1816
48.366
(5) (d) 2. At the time a person subject to an order files a petition under
17par. (a), the person shall provide written notice of the petition to the department
of
18corrections or county department, as applicable.
AB150-ASA,853,2420
48.366
(5) (f) If the court grants a petition to release a person to aftercare
21supervision and the person's county of residence is one in which the county
22department provides aftercare supervision, the department
of corrections may
23contract with the county department under s.
46.036
301.08 (2) for aftercare
24supervision of the person.
AB150-ASA,854,43
48.366
(6) (a) 2. The department
of corrections or county department ordered
4under s. 48.34 (4n) to provide aftercare supervision of the person.
AB150-ASA,854,96
48.366
(6) (b) The petition shall state the factual basis for the petitioner's belief
7that discharge will not pose a threat of bodily harm to other persons. The department
8of corrections or county department may file a petition at any time. The person
9subject to the order may file a petition not more often than once a year.
AB150-ASA,854,1711
48.366
(6) (c) 1. At the time the department
of corrections or county department
12files a petition under par. (a), it shall provide written notice of the petition to the
13person who is the subject of the petition. The notice to the person who is the subject
14of the petition shall state that the person has the right to counsel. The department
15of corrections or county department shall also provide written notice of the petition
16to the office of the district attorney that filed the petition on the basis of which the
17person was adjudged delinquent and to the victim, if any, of the delinquent act.
AB150-ASA,854,2320
48.366
(6) (c) 2. At the time a person subject to an order files a petition under
21par. (a), he or she shall provide written notice of the petition to the department
of
22corrections or county department, whichever has been ordered under s. 48.34 (4n)
23to provide aftercare supervision of the person.
AB150-ASA,855,6
148.366
(7) Notice of hearing. Upon receipt of a request for a hearing under
2sub. (5) or upon receipt of a petition under sub. (6), the court shall set a date for a
3hearing on the matter. In any of those cases, the court shall notify the department
4of corrections and each person specified in sub. (5) (d) 1. or (6) (c) 1. of the hearing
5at least 7 days before the hearing, except that if any such person lives outside of this
6state, the notice shall be mailed at least 14 days before the hearing.
AB150-ASA,855,159
48.366
(8) Transfer to or between facilities. The department may transfer
10a person subject to an order between secured correctional facilities. After the person
11attains the age of
18 17 years, the department may, after consulting with the
12department of corrections, place the person in a state prison named in s. 302.01. The
13department of corrections may transfer a person placed in a state prison under this
14subsection to or between state prisons named in s. 302.01 without petitioning for
15revision of the order under sub. (5) (a).
AB150-ASA,856,218
48.366
(8) Transfer to or between facilities. The department of corrections
19may transfer a person subject to an order between secured correctional facilities.
20After the person attains the age of 17 years, the department of corrections may place
21the person in a state prison named in s. 302.01. If the department of corrections
22places a person subject to an order under this section in a state prison, that
23department shall provide services for that person from the appropriate
24appropriation under s. 20.410 (1). The department of corrections may transfer a
1person placed in a state prison under this subsection to or between state prisons
2named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).
AB150-ASA,856,54
48.38
(1) (a) "Agency" means the department
of health and social services, the
5department of corrections, a county department or a licensed child welfare agency.
AB150-ASA, s. 2475m
6Section 2475m. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts
7377, 385 and 491, is amended to read:
AB150-ASA,856,178
48.38
(3) (a) If the child is alleged to be delinquent and is being held in a secure
9detention facility, juvenile portion of a county jail or shelter care facility, and the
10agency intends to recommend that the child be placed in a secured correctional
11facility
or the department of corrections intends to recommend that custody of the
12child be transferred to the department of corrections for participation in the youthful
13offender program, the agency is not required to submit the permanency plan unless
14the court does not accept the recommendation of the agency
or the department of
15corrections. If the court places the child in any facility outside of the child's home
16other than a secured correctional facility, the agency shall file the permanency plan
17with the court within 60 days after the date of disposition.
AB150-ASA, s. 2476
18Section
2476. 48.38 (3) (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,857,321
48.38
(3) (a) If the child is alleged to be delinquent and is being held in a secure
22detention facility, juvenile portion of a county jail or shelter care facility, and the
23agency intends to recommend that the child be placed in a secured correctional
24facility or in the serious juvenile offender program, the agency is not required to
25submit the permanency plan unless the court does not accept the recommendation
1of the agency. If the court places the child in any facility outside of the child's home
2other than a secured correctional facility, the agency shall file the permanency plan
3with the court within 60 days after the date of disposition.
AB150-ASA,857,9
548.39 Disposition by court bars criminal proceeding. Disposition by the
6court of any violation of state law coming within its jurisdiction under s. 48.12 bars
7any future criminal proceeding on the same matter in circuit court when the child
8reaches the age of
18 17. This section does not affect criminal proceedings in circuit
9court which were transferred under s. 48.18.
AB150-ASA,857,1911
48.396
(1) Peace officers' records of children shall be kept separate from records
12of
persons 18 or older adults. Peace officers' records of children shall not be open to
13inspection or their contents disclosed except under sub. (1m) or (5) or s. 48.293 or by
14order of the court. This subsection does not apply to the representatives of
15newspapers or other reporters of news who wish to obtain information for the
16purpose of reporting news without revealing the identity of the child involved, to the
17confidential exchange of information between the police and officials of the school
18attended by the child or other law enforcement or social welfare agencies or to
19children 16 or older who are transferred to the criminal courts.
AB150-ASA,858,221
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.
AB150-ASA,858,104
48.396
(2) (e) Upon request of the department of
health and social services 5corrections to review court records for the purpose of providing, under s. 980.015 (3)
6(a), the department of justice or a district attorney with a person's offense history, the
7court shall open for inspection by authorized representatives of the department of
8health and social services corrections the records of the court relating to any child
9who has been adjudicated delinquent for a sexually violent offense, as defined in s.
10980.01 (6).
AB150-ASA,858,1412
48.432
(2) (a) The department
, or agency contracted with under sub. (9), shall
13maintain all information obtained under s. 48.427 (6) (b) in a centralized birth record
14file.
AB150-ASA,858,2116
48.432
(2) (b) Any birth parent whose rights to a child have been terminated
17in this state at any time, or who consented to the adoption of a child before February
181, 1982, may file with the department
, or agency contracted with under sub. (9), any
19relevant medical or genetic information about the child or the child's birth parents,
20and the department
or agency shall maintain the information in the centralized birth
21record file.
AB150-ASA, s. 2497
22Section
2497. 48.432 (3) (a) (intro.) of the statutes is amended to read:
AB150-ASA,858,2523
48.432
(3) (a) (intro.) The department
, or agency contracted with under sub.
24(9), shall release the medical information under sub. (2) to any of the following
25persons upon request:
AB150-ASA,859,52
48.432
(3) (b) Before releasing the information under par. (a), the department
,
3or agency contracted with under sub. (9), shall delete the name and address of the
4birth parent and the identity of any provider of health care to the individual or
5adoptee or to the birth parent.
AB150-ASA,859,117
48.432
(3) (c) The person making a request under this subsection shall pay a
8fee for the cost of locating, verifying, purging, summarizing, copying and mailing the
9medical or genetic information according to a fee schedule established by the
10department
, or agency contracted with under sub. (9), based on ability to pay. The
11fee may not be more than $150 and may be waived by the department
or agency.
AB150-ASA,859,2313
48.432
(4) (a) Whenever any person specified under sub. (3) wishes to obtain
14medical and genetic information about an individual whose birth parent's rights
15have been terminated in this state at any time, or whose birth parent consented to
16his or her adoption before February 1, 1982, or medical and genetic information
17about the birth parents of such an individual or adoptee, and the information is not
18on file with the department
, or agency contracted with under sub. (9), the person may
19request that the department
or agency conduct a search for the birth parents to
20obtain the information. The request shall be accompanied by a statement from a
21physician certifying either that the individual or adoptee has or may have acquired
22a genetically transferable disease or that the individual's or adoptee's medical
23condition requires access to the information.
AB150-ASA,860,6
148.432
(4) (b) Upon receipt of a request under par. (a), the department
, or
2agency contracted with under sub. (9), shall undertake a diligent search for the
3individual's or adoptee's parents.
Upon request by the department, an agency shall
4cooperate in the search and shall make its records available to the department. The
5department may not require an agency to conduct the search, but may designate an
6agency to do so with the agency's consent.
AB150-ASA,860,138
48.432
(4) (d) The department
, or agency
designated by the department 9contracted with under
par. (b) sub. (9), shall charge the requester a reasonable fee
10for the cost of the search. When the department or agency determines that the fee
11will exceed $100 for either birth parent, it shall notify the requester. No fee in excess
12of $100 per birth parent may be charged unless the requester, after receiving
13notification under this paragraph, has given consent to proceed with the search.