AB130-engrossed,69,95
48.31
(1) In this section, "fact-finding hearing" means
a hearing to determine
6if the allegations of a petition under s. 48.12 or 48.13 (12) are supported beyond a
7reasonable doubt or a hearing to determine if the allegations in a petition
or citation 8under s.
48.125 or 48.13
(1) to (11) or a petition to terminate parental rights are
9proved by clear and convincing evidence.
AB130-engrossed,69,2211
48.31
(2) The hearing shall be to the court unless the child, parent, guardian
12or legal custodian exercises the right to a jury trial by demanding a jury trial at any
13time before or during the plea hearing. Chapters 756 and 805 shall govern the
14selection of jurors
except that ss. 972.03 and 972.04 shall apply in cases in which the
15juvenile is alleged to be delinquent under s. 48.12. If the hearing involves a child
16victim or witness, as defined in s. 950.02, the court may order the taking and allow
17the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district
18attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or
19jury shall make a determination of the facts. If the court finds that the child is not
20within the jurisdiction of the court or the court or jury finds that the facts alleged in
21the petition
or citation have not been proved, the court shall dismiss the petition
or
22citation with prejudice.
AB130-engrossed,70,1724
48.31
(4) The court or jury shall make findings of fact and the court shall make
25conclusions of law relating to the allegations of a petition filed under s. 48.13
(1) to
1(11m). In cases alleging a child to be in need of protection or services under s. 48.13
2(11), the court shall not find that the child is suffering serious emotional damage
3unless a licensed physician specializing in psychiatry or a licensed psychologist
4appointed by the court to examine the child has testified at the hearing that in his
5or her opinion the condition exists, and adequate opportunity for the
6cross-examination of the physician or psychologist has been afforded. The judge
7may use the written reports if the right to have testimony presented is voluntarily,
8knowingly and intelligently waived by the guardian ad litem or legal counsel for the
9child and the parent or guardian. In cases alleging a child to be in need of protection
10and services under s. 48.13 (11m), the court shall not find that the child is in need
11of treatment and education for needs and problems related to the use or abuse of
12alcohol beverages or controlled substances and its medical, personal, family or social
13effects unless an assessment for alcohol and other drug abuse that conforms to the
14criteria specified under s. 48.547 (4) has been conducted by an approved treatment
15facility.
In cases alleging a child delinquent or in need of protection or services under
16s. 48.13 (12) the court shall make findings relating to the proof of the violation of law
17and to the proof that the child named in the petition committed the violation alleged.
AB130-engrossed,71,519
48.32
(1) At any time after the filing of a petition for a proceeding relating to
20s.
48.12 or 48.13 and before the entry of judgment, the judge or juvenile court
21commissioner may suspend the proceedings and place the child under supervision
22in the child's own home or present placement. The court may establish terms and
23conditions applicable to the parent, guardian or legal custodian, and to the child
,
24including any conditions specified in subs. (1d), (1g) and (1t). The order under this
25section shall be known as a consent decree and must be agreed to by the child if 12
1years of age or older; the parent, guardian or legal custodian; and the person filing
2the petition under s. 48.25.
If the consent decree includes any conditions specified
3in sub. (1g), the consent decree shall include provisions for payment of the services
4as specified in s. 48.361. The consent decree shall be reduced to writing and given
5to the parties.
AB130-engrossed,71,1311
48.32
(2) (a)
Except as provided in par. (b), a A consent decree shall remain in
12effect up to 6 months unless the child, parent, guardian or legal custodian is
13discharged sooner by the judge or juvenile court commissioner.
AB130-engrossed,71,2017
48.32
(5) (a) The court refuses to enter into a consent decree and the allegations
18in the petition remain to be decided in a hearing where
the child denies the
19allegations of delinquency or one of the parties denies the allegations forming the
20basis for a child in need of protection or services petition; or
AB130-engrossed,71,2322
48.32
(5) (b) A consent decree is granted but the petition under s.
48.12 or 48.13
23is subsequently reinstated.
AB130-engrossed,72,3
148.33
(1) Report required. (intro.) Before the disposition of a child adjudged
2to be
delinquent or in need of protection or services the court shall designate an
3agency to submit a report which shall contain all of the following:
AB130-engrossed, s. 236
4Section
236. 48.33 (3) of the statutes, as affected by 1993 Wisconsin Acts 385
5and 481, is repealed.
AB130-engrossed,72,139
48.33
(4m) Support recommendations; information to parents. (intro.) In
10making a recommendation for an amount of child support under sub.
(3) or (4), the
11agency shall consider the factors that the court considers under s. 46.10 (14) (c) for
12deviation from the percentage standard. Prior to the dispositional hearing under s.
1348.335, the agency shall provide the child's parent with all of the following:
AB130-engrossed,72,2117
48.335
(1) The court shall conduct a hearing to determine the disposition of a
18case in which a child is adjudged
to be delinquent under s. 48.12, to have violated a
19civil law or ordinance under s. 48.125 or to be in need of protection or services under
20s. 48.13
, except the court shall proceed as provided by s. 48.237 (2) if a citation is
21issued and the child fails to contest the citation.
AB130-engrossed,74,64
48.34
(10) (a) The judge may order that a child
, on attaining 17
or more years
5of age
, be allowed to live independently, either alone or with friends, under such
6supervision as the judge deems appropriate.
AB130-engrossed, s. 263p
7Section 263p. 48.34 (10) (a) of the statutes, as affected by 1995 Wisconsin Act
8.... (this act), is renumbered 48.345 (10) (a).
AB130-engrossed, s. 273
21Section
273. 48.345 (1) (intro.) and (e) of the statutes are consolidated,
22renumbered 48.345 (intro.) and amended to read:
AB130-engrossed,75,5
2348.345 Disposition of child adjudged in need of protection or services.
24(intro.) If the judge finds that the child is in need of protection or services, the judge
25shall enter an order deciding one or more of the dispositions of the case as provided
1in
s. 48.34 this section under a care and treatment plan
, except that the order may
2not
do any of the following: (e) Place place any child not specifically found under chs.
346, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have
4exceptional educational needs in facilities which exclusively treat those categories
5of children.
The dispositions under this section are as follows:
AB130-engrossed, s. 273m
6Section 273m. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
7377, 385 and 491, is amended to read:
AB130-engrossed,75,98
48.345
(1) (a) Place the child in a secured correctional facility
or transfer the
9custody of the child to the department of corrections.
AB130-engrossed, s. 274
10Section
274. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
11377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed.
AB130-engrossed,75,2120
48.35
(1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction
21under this chapter
and ch. 938; or
AB130-engrossed,76,324
48.35
(1) (c) Disposition by the court assigned to exercise jurisdiction under this
25chapter of any allegation under s. 48.12 shall bar any future proceeding on the same
1matter in criminal court when the child reaches the age of
18 17. This paragraph
2does not affect proceedings in criminal court which have been transferred under s.
348.18.
AB130-engrossed, s. 284p
4Section 284p. 48.35 (1) (c) of the statutes, as affected by 1995 Wisconsin Act
5.... (this act), is repealed.
AB130-engrossed,76,198
48.355
(1) Intent. In any order under s.
48.34 or 48.345 the judge shall decide
9on a placement and treatment finding based on evidence submitted to the judge. The
10disposition shall employ those means necessary to maintain and protect the child's
11well-being which are the least restrictive of the rights of the parent or child and
12which assure the care, treatment or rehabilitation of the child and the family,
13consistent with the protection of the public. Wherever possible, and, in cases of child
14abuse and neglect, when it is consistent with the child's best interest in terms of
15physical safety and physical health the family unit shall be preserved and there shall
16be a policy of transferring custody from the parent only where there is no less drastic
17alternative.
If information under s. 48.331 has been provided in a court report under
18s. 48.33 (1), the court shall consider that information when deciding on a placement
19and treatment finding.
AB130-engrossed,76,2321
48.355
(2) (b) 5. For a child placed outside his or her home pursuant to an order
22under s.
48.34 (3) or 48.345, a permanency plan under s. 48.38 if one has been
23prepared.
AB130-engrossed, s. 288m
1Section 288m. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts
2377, 385 and 491, is amended to read:
