AB130: Bill Text Engrossed

AB130-engrossed, s. 266 Section 266. 48.34 (13) of the statutes, as affected by 1993 Wisconsin Act 377, is renumbered 48.345 (13).

AB130-engrossed, s. 267 Section 267. 48.34 (14) of the statutes is repealed.

AB130-engrossed, s. 268 Section 268. 48.34 (15) of the statutes is repealed.

AB130-engrossed, s. 269 Section 269. 48.341 of the statutes is repealed.

AB130-engrossed, s. 270 Section 270. 48.342 of the statutes is repealed.

AB130-engrossed, s. 271 Section 271. 48.343 of the statutes is repealed.

AB130-engrossed, s. 272 Section 272. 48.344 of the statutes is repealed.

AB130-engrossed, s. 273 Section 273. 48.345 (1) (intro.) and (e) of the statutes are consolidated, renumbered 48.345 (intro.) and amended to read:

AB130-engrossed,75,5 48.345 Disposition of child adjudged in need of protection or services. (intro.) If the judge finds that the child is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in s. 48.34 this section under a care and treatment plan, except that the order may not do any of the following: (e) Place place any child not specifically found under chs. 46, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have exceptional educational needs in facilities which exclusively treat those categories of children. The dispositions under this section are as follows:

AB130-engrossed, s. 273m Section 273m. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130-engrossed,75,9 48.345 (1) (a) Place the child in a secured correctional facility or transfer the custody of the child to the department of corrections.

AB130-engrossed, s. 274 Section 274. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed.

AB130-engrossed, s. 275 Section 275. 48.345 (1) (b) of the statutes is repealed.

AB130-engrossed, s. 276 Section 276. 48.345 (1) (c) of the statutes is repealed.

AB130-engrossed, s. 277 Section 277. 48.345 (1) (d) of the statutes is repealed.

AB130-engrossed, s. 278 Section 278. 48.345 (1) (f) of the statutes is repealed.

AB130-engrossed, s. 279 Section 279. 48.345 (2) of the statutes is repealed.

AB130-engrossed, s. 280 Section 280. 48.346 of the statutes is repealed.

AB130-engrossed, s. 281 Section 281. 48.35 (1) (a) of the statutes is repealed.

AB130-engrossed, s. 282 Section 282. 48.35 (1) (b) 2. of the statutes is amended to read:

AB130-engrossed,75,21 48.35 (1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction under this chapter and ch. 938; or

AB130-engrossed, s. 283 Section 283. 48.35 (1) (b) 4. of the statutes is repealed.

AB130-engrossed, s. 284m Section 284m. 48.35 (1) (c) of the statutes is amended to read:

AB130-engrossed,76,3 48.35 (1) (c) Disposition by the court assigned to exercise jurisdiction under this chapter of any allegation under s. 48.12 shall bar any future proceeding on the same matter in criminal court when the child reaches the age of 18 17. This paragraph does not affect proceedings in criminal court which have been transferred under s. 48.18.

AB130-engrossed, s. 284p Section 284p. 48.35 (1) (c) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

AB130-engrossed, s. 285 Section 285. 48.355 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,76,19 48.355 (1) Intent. In any order under s. 48.34 or 48.345 the judge shall decide on a placement and treatment finding based on evidence submitted to the judge. The disposition shall employ those means necessary to maintain and protect the child's well-being which are the least restrictive of the rights of the parent or child and which assure the care, treatment or rehabilitation of the child and the family, consistent with the protection of the public. Wherever possible, and, in cases of child abuse and neglect, when it is consistent with the child's best interest in terms of physical safety and physical health the family unit shall be preserved and there shall be a policy of transferring custody from the parent only where there is no less drastic alternative. If information under s. 48.331 has been provided in a court report under s. 48.33 (1), the court shall consider that information when deciding on a placement and treatment finding.

AB130-engrossed, s. 286 Section 286. 48.355 (2) (b) 5. of the statutes is amended to read:

AB130-engrossed,76,23 48.355 (2) (b) 5. For a child placed outside his or her home pursuant to an order under s. 48.34 (3) or 48.345, a permanency plan under s. 48.38 if one has been prepared.

AB130-engrossed, s. 287 Section 287. 48.355 (3m) of the statutes is repealed.

AB130-engrossed, s. 288m Section 288m. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130-engrossed,77,14 48.355 (4) (a) Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child whose legal custody has been transferred to the department of corrections under s. 48.34 (4g) or who is under the supervision of the department of health and social services under s. 48.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

AB130-engrossed, s. 288p Section 288p. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is renumbered 48.355 (4) and amended to read:

AB130-engrossed,78,3 48.355 (4) Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child or who is under the supervision of the department of health and social services under s. 48.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

AB130-engrossed, s. 288r Section 288r. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,78,13 48.355 (4) (b) An order under s. 48.34 (4g) or (4m) for which a child has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 48.34 (4m) apply for up to 2 years or until the child's 19th birthdate, whichever is earlier, and the judge shall make an order under s. 48.34 (4g) apply for 5 years, if the child is adjudicated delinquent for committing an act that would be punishable as a Class B, C or D felony if committed by an adult, or until the child reaches 25 years of age, if the child is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

AB130-engrossed, s. 288t Section 288t. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), section 288r, is repealed and recreated to read:

AB130-engrossed,78,20 48.355 (4) (b) An order under s. 48.34 (4g) or (4m) for which a child has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 48.34 (4m) apply for up to 2 years or until the child's 18th birthdate, whichever is earlier.

AB130-engrossed, s. 288v Section 288v. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), sections 288r and 288t is repealed.

AB130-engrossed, s. 290 Section 290. 48.355 (6) and (6g) of the statutes are repealed.

AB130-engrossed, s. 291 Section 291. 48.355 (7) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,79,4 48.355 (7) Orders applicable to parents, guardians, legal custodians and other adults. In addition to any dispositional order entered under s. 48.34 or 48.345, the court may enter an order applicable to a child's parent, guardian or legal custodian or to another adult, as provided under s. 48.45.

AB130-engrossed, s. 292 Section 292. 48.357 (2) of the statutes is amended to read:

AB130-engrossed,79,14 48.357 (2) If emergency conditions necessitate an immediate change in the placement of a child placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1). In emergency situations, the child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 48.34 48.345 (3).

AB130-engrossed, s. 293 Section 293. 48.357 (3) and (4) of the statutes, as affected by 1993 Wisconsin Act 385, are repealed.

AB130-engrossed, s. 294 Section 294. 48.357 (4g) of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130-engrossed, s. 295 Section 295. 48.357 (4m) of the statutes is repealed.

AB130-engrossed, s. 296 Section 296. 48.357 (5) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB130-engrossed, s. 297 Section 297. 48.36 (1) (a) of the statutes is amended to read:

AB130-engrossed,80,10 48.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a disposition made under s. 48.34 or 48.345 or by a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department, or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).

AB130-engrossed, s. 298 Section 298. 48.361 (1) (b) of the statutes is amended to read:

AB130-engrossed,80,13 48.361 (1) (b) Any special treatment or care that relates to alcohol or other drug abuse services ordered by a court under s. 48.34 48.345 (6) (a).

AB130-engrossed, s. 299 Section 299. 48.361 (1) (c) of the statutes is amended to read:

AB130-engrossed,80,16 48.361 (1) (c) Any alcohol or other drug abuse treatment or education ordered by a court under s. 48.32 (1g), 48.34 48.345 (6) (a) or (13), 48.343 (10) or 48.344 (2g).

AB130-engrossed, s. 300 Section 300. 48.361 (2) (am) 2. of the statutes is amended to read:

AB130-engrossed,80,20 48.361 (2) (am) 2. If a court in a county that does not have a pilot program under s. 48.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with s. 48.34 48.345 (6) (a) or 48.36.

AB130-engrossed, s. 301 Section 301. 48.362 (2) of the statutes is amended to read:

AB130-engrossed,80,24 48.362 (2) This section applies to the payment of court-ordered special treatment or care under s. 48.34 48.345 (6) (a), whether or not custody has been taken from the parent.

AB130-engrossed, s. 302 Section 302. 48.364 of the statutes is repealed.

AB130-engrossed, s. 303m Section 303m. 48.365 (7) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,81,7 48.365 (7) Nothing in this section may be construed to allow any changes in placement or revocation of aftercare, or corrective sanctions or youthful offender supervision. Revocation and other changes in placement may take place only under s. 48.357 or, for a child who is a participant in the youthful offender program, s. 48.537.

AB130-engrossed, s. 303p Section 303p. 48.365 (7) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,81,11 48.365 (7) Nothing in this section may be construed to allow any changes in placement. Changes in placement may take place only under s. 48.357.

AB130-engrossed, s. 304m Section 304m. 48.366 (1) (a) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,81,18 48.366 (1) (a) (intro.) If Subject to par. (c), if the person committed any crime specified under s. 940.01, 940.02, 940.05, 940.21 or 940.225 (1) (a) to (c), 948.03 or 948.04, is adjudged delinquent on that basis and is placed in a secured correctional facility under s. 48.34 (4m), the court shall enter an order extending its jurisdiction as follows:

AB130-engrossed, s. 304p Section 304p. 48.366 (1) (b) of the statutes is amended to read:

AB130-engrossed,81,24 48.366 (1) (b) If Subject to par. (c), if the person committed a crime specified in s. 940.20 (1) or 946.43 while placed in a secured correctional facility and is adjudged delinquent on that basis following transfer of jurisdiction under s. 970.032, the court shall enter an order extending its jurisdiction until the person reaches 21 years of age or until termination of the order under sub. (6), whichever occurs earlier.

AB130-engrossed, s. 304r Section 304r. 48.366 (1) (c) of the statutes is created to read:

AB130-engrossed,82,3 48.366 (1) (c) A court may not enter an order extending its jurisdiction as provided in par. (a) or (b) with respect to any violation committed after December 31, 1995.

AB130-engrossed, s. 304t Section 304t. 48.366 (8) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,82,12 48.366 (8) Transfer to or between facilities. The department may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 18 17 years, the department may, after consulting with the department of corrections, place the person in a state prison named in s. 302.01. The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

AB130-engrossed, s. 305 Section 305. 48.37 (1) of the statutes is amended to read:

AB130-engrossed,82,16 48.37 (1) A court assigned to exercise jurisdiction under this chapter and ch. 938 may not assess costs or assessments against a child under 14 years of age but may assess costs against a child 14 years of age or older.

AB130-engrossed, s. 306 Section 306. 48.37 (3) of the statutes is repealed.

AB130-engrossed, s. 307 Section 307. 48.373 (1) of the statutes is amended to read:

AB130-engrossed,82,24 48.373 (1) The court assigned to exercise jurisdiction under this chapter and ch. 938 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and ch. 938 determines that reasonable cause exists for the services and that the minor is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 938 and, except as provided in s. 48.296 (4), consents.

AB130-engrossed, s. 308 Section 308. 48.375 (4) (b) 1g. of the statutes is amended to read:

AB130-engrossed,83,10 48.375 (4) (b) 1g. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, in which the minor swears that the pregnancy is the result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the minor did not indicate a freely given agreement to have sexual intercourse. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record and report the sexual intercourse as required under s. 48.981 (2) or (2m) (e). Any minor who makes a false statement under this subdivision, which the minor does not believe is true, is subject to a proceeding under s. 48.12 or 48.13 938.12 or 938.13 (12), whichever is applicable, based on a violation of s. 946.32 (2).

AB130-engrossed, s. 309 Section 309. 48.38 (3) (intro.) and (b) of the statutes are consolidated, renumbered 48.38 (3) and amended to read:

AB130-engrossed,83,19 48.38 (3) Time. The agency shall file the permanency plan with the court within 60 days after the date on which the child was first held in physical custody or placed outside of his or her home under a court order, except under either of the following conditions: (b) If that if the child is held for less than 60 days in a secure detention facility, juvenile portion of a county jail or a shelter care facility, no permanency plan is required if the child is returned to his or her home within that period.

AB130-engrossed, s. 309m Section 309m. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130-engrossed,84,6 48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the child be placed in a secured correctional facility or the department of corrections intends to recommend that custody of the child be transferred to the department of corrections for participation in the youthful offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency or the department of corrections. If the court places the child in any facility outside of the child's home other than a secured correctional facility, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

AB130-engrossed, s. 310 Section 310. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed.

AB130-engrossed, s. 311m Section 311m. 48.39 of the statutes is amended to read:

AB130-engrossed,84,14 48.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law coming within its jurisdiction under s. 48.12 bars any future criminal proceeding on the same matter in circuit court when the child reaches the age of 18 17. This section does not affect criminal proceedings in circuit court which were transferred under s. 48.18.

AB130-engrossed, s. 311p Section 311p. 48.39 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

AB130-engrossed, s. 312g Section 312g. 48.396 (1) of the statutes is amended to read:

AB130-engrossed,85,2 48.396 (1) Peace officers' records of children shall be kept separate from records of persons 18 or older adults. Peace officers' records of children shall not be open to inspection or their contents disclosed except under sub. (1m) or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 16 or older who are transferred to the criminal courts.

AB130-engrossed, s. 312h Section 312h. 48.396 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read: