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.
AB150-ASA,860,1815
48.432
(4) (f) The department
, or agency contracted with under sub. (9), shall
16release to the requester any medical or genetic information provided by a birth
17parent under this subsection without disclosing the birth parent's identity or
18location.
AB150-ASA,860,2420
48.432
(4) (g) If a birth parent is located but refuses to provide the information
21requested, the department
, or agency contracted with under sub. (9), shall notify the
22requester, without disclosing the birth parent's identity or location, and the
23requester may petition the circuit court to order the birth parent to disclose the
24information. The court shall grant the motion for good cause shown.
AB150-ASA, s. 2505
25Section
2505. 48.432 (8m) (intro.) of the statutes is amended to read:
AB150-ASA,861,2
148.432
(8m) (intro.) The department
, or agency contracted with under sub. (9), 2shall give priority to all of the following:
AB150-ASA,861,54
48.432
(9) The department shall promulgate rules to implement this section
5and may contract with an agency to administer this section.
AB150-ASA,861,147
48.433
(2) Any birth parent whose rights have been terminated in this state
8at any time, or who has consented to the adoption of his or her child in this state
9before February 1, 1982, may file with the department
, or agency contracted with
10under sub. (11), an affidavit authorizing the department
or agency to provide the
11child with his or her original birth certificate and with any other available
12information about the birth parent's identity and location. An affidavit filed under
13this subsection may be revoked at any time by notifying the department
or agency 14in writing.
AB150-ASA, s. 2508
15Section
2508. 48.433 (3) (intro.) of the statutes is amended to read:
AB150-ASA,861,2016
48.433
(3) (intro.) Any person 21 years of age or over whose birth parent's
17rights have been terminated in this state or who has been adopted in this state with
18the consent of his or her birth parent or parents before February 1, 1982, may request
19the department
, or agency contracted with under sub. (11), to provide the person with
20the following:
AB150-ASA,861,2322
48.433
(4) Before acting on the request, the department
, or agency contracted
23with under sub. (11), shall require the requester to provide adequate identification.
AB150-ASA, s. 2510
24Section
2510. 48.433 (5) (intro.) of the statutes is amended to read:
AB150-ASA,862,2
148.433
(5) (intro.) The department
, or agency contracted with under sub. (11), 2shall disclose the requested information in either of the following circumstances:
AB150-ASA,862,54
48.433
(5) (a) The department
, or agency contracted with under sub. (11), has
5on file unrevoked affidavits filed under sub. (2) from both birth parents.
AB150-ASA,862,137
48.433
(6) (a) If the department
, or agency contracted with under sub. (11), does
8not have on file an affidavit from each known birth parent, it shall, within 3 months
9after the date of the original request, undertake a diligent search for each birth
10parent who has not filed an affidavit. The search shall be completed within 6 months
11after the date of the request, unless the search falls within one of the exceptions
12established by the department by rule. If any information has been provided under
13sub. (5), the department
or agency is not required to conduct a search.
AB150-ASA,862,2116
48.433
(6) (d) The department
, or agency
designated by the department 17contracted with under
par. (b) sub. (11), shall charge the requester a reasonable fee
18for the cost of the search. When the department or agency determines that the fee
19will exceed $100 for either birth parent, it shall notify the requester. No fee in excess
20of $100 per birth parent may be charged unless the requester, after receiving
21notification under this paragraph, has given consent to proceed with the search.
AB150-ASA,863,223
48.433
(7) (b) Within 3 working days after contacting a birth parent, the
24department
, or agency contracted with under sub. (11), shall send the birth parent
1a written copy of the information specified under par. (a) and a blank copy of the
2affidavit.
AB150-ASA,863,64
48.433
(7) (c) If the birth parent files the affidavit, the department
, or agency
5contracted with under sub. (11), shall disclose the requested information if permitted
6under sub. (5).
AB150-ASA,863,118
48.433
(7) (e) If, after a search under this subsection, a known birth parent
9cannot be located, the department
, or agency contracted with under sub. (11), may
10disclose the requested information if the other birth parent has filed an unrevoked
11affidavit under sub. (2).
AB150-ASA, s. 2518
12Section
2518. 48.433 (8) (a) (intro.) of the statutes is amended to read:
AB150-ASA,863,1913
48.433
(8) (a) (intro.) If a birth parent is known to be dead and has not filed
14an unrevoked affidavit under sub. (2), the department
, or agency contracted with
15under sub. (11), shall so inform the requester. The department
or agency may not
16provide the requester with his or her original birth certificate or with the identity of
17that parent, but shall provide the requester with any available information it has on
18file regarding the identity and location of the other birth parent if both of the
19following conditions exist:
AB150-ASA,863,2421
48.433
(8) (b) If a birth parent is known to be dead, the department
, or agency
22contracted with under sub. (11), in addition to the information provided under par.
23(a), shall provide the requester with any nonidentifying social history information
24about the deceased parent on file with the department
or agency.
AB150-ASA,864,4
148.433
(8m) If the department
, or agency contracted with under sub. (11), may
2not disclose the information requested under this section, it shall provide the
3requester with any nonidentifying social history information about either of the
4birth parents that it has on file.
AB150-ASA,864,76
48.433
(11) The department shall promulgate rules to implement this section
7and may contract with an agency to administer this section.
AB150-ASA, s. 2522
8Section
2522. Subchapter IX (title) of chapter 48 [precedes 48.44] of the
9statutes is amended to read:
AB150-ASA,864,1311
SUBCHAPTER IX
12
JURISDICTION OVER PERSON
18 17
13OR OLDER
AB150-ASA, s. 2523
14Section
2523. 48.44 (title) and (1) of the statutes are amended to read:
AB150-ASA,864,17
1548.44 (title)
Jurisdiction over persons
18 17 or older. (1) The court has
16jurisdiction over persons
18 17 or older as provided under ss. 48.355 (4) and 48.45 and
17as otherwise specifically provided in this chapter.
AB150-ASA,864,2519
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
20described in s. 48.12 or 48.13 it appears that any person
18 17 or older has been guilty
21of contributing to, encouraging, or tending to cause by any act or omission, such
22condition of the child, the judge may make orders with respect to the conduct of such
23person in his or her relationship to the child, including orders determining the ability
24of the person to provide for the maintenance or care of the child and directing when,
25how and where funds for the maintenance or care shall be paid.
AB150-ASA,865,62
48.45
(3) If it appears at a court hearing that any person
18 17 or older has
3violated s. 948.40, the judge shall refer the record to the district attorney for criminal
4proceedings as may be warranted in the district attorney's judgment. This
5subsection does not prevent prosecution of violations of s. 948.40 without the prior
6reference by the judge to the district attorney, as in other criminal cases.
AB150-ASA,865,9
848.48 (title)
Authority of department
of health and social services. 9(intro.) The department
of health and social services shall have authority:
AB150-ASA,865,1711
48.48
(1) To promote the enforcement of the laws relating to
delinquent
12children, nonmarital children and children in need of protection or services including
13developmentally disabled children and to take the initiative in all matters involving
14the interests of such children where adequate provision therefor is not made. This
15duty shall be discharged in cooperation with the courts, county departments,
16licensed child welfare agencies and with parents and other individuals interested in
17the welfare of children.
AB150-ASA,865,2319
48.48
(3) To accept
legal custody of children transferred to it by the court under
20s. 48.355 and guardianship of children when appointed by the court, and to provide
21special treatment and care when directed by the court. A court may not direct the
22department to administer psychotropic medications to children who receive special
23treatment or care under this subsection.