AB130: Bill Text Engrossed

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AB130-engrossed, s. 293 Section 293. 48.357 (3) and (4) of the statutes, as affected by 1993 Wisconsin Act 385, are repealed.

AB130-engrossed, s. 294 Section 294. 48.357 (4g) of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130-engrossed, s. 295 Section 295. 48.357 (4m) of the statutes is repealed.

AB130-engrossed, s. 296 Section 296. 48.357 (5) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.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

AB130-engrossed,85,16 48.396 (1) Law enforcement officers' records of children, other than children 17 years of age or over who come within the jurisdiction of the court under s. 938.125 or 938.13, shall be kept separate from records of adults. Law enforcement officers' records of children, other than children 17 years of age or over who come within the jurisdiction of the court under s. 938.125 or 938.13, shall not be open to inspection or their contents disclosed except under sub. (1g) or (1m) 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 10 or over who are subject to the jurisdiction of the court of criminal jurisdiction.

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

AB130-engrossed,85,21 48.396 (1g) If requested by the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report, or if requested by the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian or child a copy of that report.

AB130-engrossed, s. 313m Section 313m. 48.396 (1m) of the statutes is repealed and recreated to read:

AB130-engrossed,86,3 48.396 (1m) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report or upon the written permission of the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian or child in the written permission.

AB130-engrossed, s. 314 Section 314. 48.396 (2) (a) of the statutes is amended to read:

AB130-engrossed,86,10 48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 or 48.17 (2) shall be entered in books or deposited in files kept for that purpose only. They shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and ch. 938 or as permitted under this section or s. 48.375 (7) (e).

AB130-engrossed, s. 314g Section 314g. 48.396 (2) (ag) of the statutes is created to read:

AB130-engrossed,86,15 48.396 (2) (ag) Upon request of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), or upon request of the child, if 14 years of age or over, the court shall open for inspection by the parent, guardian, legal custodian or child the records of the court relating to that child.

AB130-engrossed, s. 314m Section 314m. 48.396 (2) (am) of the statutes is created to read:

AB130-engrossed,86,21 48.396 (2) (am) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian or child in the written permission.

AB130-engrossed, s. 315 Section 315. 48.396 (2) (c) of the statutes is repealed.

AB130-engrossed, s. 316 Section 316. 48.396 (2) (d) of the statutes is repealed.

AB130-engrossed, s. 317 Section 317. 48.396 (2) (e) of the statutes is repealed.

AB130-engrossed, s. 318 Section 318. 48.396 (2m) of the statutes is repealed.

AB130-engrossed, s. 319 Section 319. 48.396 (3) of the statutes is repealed.

AB130-engrossed, s. 320 Section 320. 48.396 (4) of the statutes is repealed.

AB130-engrossed, s. 321 Section 321. 48.396 (5) of the statutes is repealed.

AB130-engrossed, s. 322 Section 322. 48.396 (6) of the statutes is repealed.

AB130-engrossed, s. 323 Section 323. 48.396 (7) of the statutes is repealed.

AB130-engrossed, s. 324 Section 324. 48.396 (8) of the statutes is repealed.

AB130-engrossed, s. 325 Section 325. 48.415 (1) (a) 2. of the statutes is amended to read:

AB130-engrossed,87,11 48.415 (1) (a) 2. The child has been placed, or continued in a placement, outside the parent's home by a court order containing the notice required by s. 48.356 (2) or 938.356 (2) and the parent has failed to visit or communicate with the child for a period of 6 months or longer; or

AB130-engrossed, s. 326 Section 326. 48.415 (2) (a) of the statutes is amended to read:

AB130-engrossed,87,17 48.415 (2) (a) That the child has been adjudged to be in need of protection or services and placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363 or, 48.365, 938.345, 938.357, 938.363 or 938.365 containing the notice required by s. 48.356 (2) or 938.356 (2).

AB130-engrossed, s. 327 Section 327. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB130-engrossed,87,20 CHAPTER 48

AB130-engrossed,87,23 SUBCHAPTER IX JURISDICTION OVER PERSON 18 17 OR OLDER

AB130-engrossed, s. 328m Section 328m. 48.44 (title) and (1) of the statutes are amended to read:

AB130-engrossed,88,3 48.44 (title) Jurisdiction over persons 18 17 or older. (1) The court has jurisdiction over persons 18 17 or older as provided under ss. 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.

AB130-engrossed, s. 328p Section 328p. 48.45 (1) (a) of the statutes is amended to read:

AB130-engrossed,88,11 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.12 or 48.13 it appears that any person 18 17 or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.

AB130-engrossed, s. 328r Section 328r. 48.45 (1) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,88,20 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.

AB130-engrossed, s. 328t Section 328t. 48.45 (1) (b) of the statutes is amended to read:

AB130-engrossed,89,2 48.45 (1) (b) An act or failure to act contributes to a condition of a child as described in s. 48.12 or 48.13, although the child is not actually adjudicated to come within the provisions of s. 48.12 or 48.13, if the natural and probable consequences of that act or failure to act would be to cause the child to come within the provisions of s. 48.12 or 48.13.

AB130-engrossed, s. 331 Section 331. 48.45 (1m) (a) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,89,12 48.45 (1m) (a) In a proceeding in which a child has been adjudicated delinquent or has been found to be in need of protection or services under s. 48.13, the judge may order the child's parent, guardian or legal custodian to comply with any conditions determined by the judge to be necessary for the child's welfare. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or parent training and education and to make a reasonable contribution, based on ability to pay, toward the cost of those services.

AB130-engrossed, s. 332 Section 332. 48.45 (3) of the statutes is amended to read:

AB130-engrossed,89,18 48.45 (3) If it appears at a court hearing that any person 18 17 or older has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

AB130-engrossed, s. 333 Section 333. 48.48 (1) of the statutes is amended to read:

AB130-engrossed,90,2 48.48 (1) To promote the enforcement of the laws relating to delinquent children, nonmarital children and children in need of protection or services including developmentally disabled children and to take the initiative in all matters involving the interests of such children where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments, licensed child welfare agencies and with parents and other individuals interested in the welfare of children.

AB130-engrossed, s. 334 Section 334. 48.48 (3) of the statutes is amended to read: