AB130-engrossed,80,1023
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
24court otherwise designates an alternative placement for the child by a disposition
25made under s.
48.34 or 48.345 or by a change in placement under s. 48.357, the duty
1of the parent or guardian or, in the case of a transfer of guardianship and custody
2under s. 48.839 (4), the duty of the former guardian to provide support shall continue
3even though the legal custodian or the placement designee may provide the support.
4A copy of the order transferring custody or designating alternative placement for the
5child shall be submitted to the agency or person receiving custody or placement and
6the agency or person may apply to the court for an order to compel the parent or
7guardian to provide the support. Support payments for residential services, when
8purchased or otherwise funded or provided by the department, or a county
9department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under
10s. 46.10 (14).
AB130-engrossed,80,1312
48.361
(1) (b) Any special treatment or care that relates to alcohol or other drug
13abuse services ordered by a court under s.
48.34
48.345 (6) (a).
AB130-engrossed,80,1615
48.361
(1) (c) Any alcohol or other drug abuse treatment or education ordered
16by a court under s.
48.32 (1g), 48.34 48.345 (6) (a) or (13)
, 48.343 (10) or 48.344 (2g).
AB130-engrossed,80,2018
48.361
(2) (am) 2. If a court in a county that does not have a pilot program under
19s. 48.547 finds that payment is not attainable under par. (a), the court may order
20payment in accordance with s.
48.34 48.345 (6) (a) or 48.36.
AB130-engrossed,80,2422
48.362
(2) This section applies to the payment of court-ordered special
23treatment or care under s.
48.34 48.345 (6) (a), whether or not custody has been taken
24from the parent.
AB130-engrossed,81,73
48.365
(7) Nothing in this section may be construed to allow any changes in
4placement or revocation of aftercare
, or corrective sanctions
or youthful offender 5supervision. Revocation and other changes in placement may take place only under
6s. 48.357
or, for a child who is a participant in the youthful offender program, s.
748.537.
AB130-engrossed,81,1110
48.365
(7) Nothing in this section may be construed to allow any changes in
11placement. Changes in placement may take place only under s. 48.357.
AB130-engrossed,81,1814
48.366
(1) (a) (intro.)
If Subject to par. (c), if the person committed any crime
15specified under s. 940.01, 940.02, 940.05, 940.21 or 940.225 (1) (a) to (c), 948.03 or
16948.04, is adjudged delinquent on that basis and is placed in a secured correctional
17facility under s. 48.34 (4m), the court shall enter an order extending its jurisdiction
18as follows:
AB130-engrossed,81,2420
48.366
(1) (b)
If Subject to par. (c), if the person committed a crime specified in
21s. 940.20 (1) or 946.43 while placed in a secured correctional facility and is adjudged
22delinquent on that basis following transfer of jurisdiction under s. 970.032, the court
23shall enter an order extending its jurisdiction until the person reaches 21 years of
24age or until termination of the order under sub. (6), whichever occurs earlier.
AB130-engrossed,82,3
148.366
(1) (c) A court may not enter an order extending its jurisdiction as
2provided in par. (a) or (b) with respect to any violation committed after December 31,
31995.
AB130-engrossed,82,126
48.366
(8) Transfer to or between facilities. The department may transfer
7a person subject to an order between secured correctional facilities. After the person
8attains the age of
18 17 years, the department may, after consulting with the
9department of corrections, place the person in a state prison named in s. 302.01. The
10department of corrections may transfer a person placed in a state prison under this
11subsection to or between state prisons named in s. 302.01 without petitioning for
12revision of the order under sub. (5) (a).
AB130-engrossed,82,1614
48.37
(1) A court assigned to exercise jurisdiction under this chapter
and ch.
15938 may not assess costs or assessments against a child under 14 years of age but
16may assess costs against a child 14 years of age or older.
AB130-engrossed,82,2419
48.373
(1) The court assigned to exercise jurisdiction under this chapter
and
20ch. 938 may authorize medical services including surgical procedures when needed
21if the court assigned to exercise jurisdiction under this chapter
and ch. 938 22determines that reasonable cause exists for the services and that the minor is within
23the jurisdiction of the court assigned to exercise jurisdiction under this chapter
and
24ch. 938 and
, except as provided in s. 48.296 (4), consents.
AB130-engrossed,83,10
148.375
(4) (b) 1g. The minor provides the person who intends to perform or
2induce the abortion with a written statement, signed and dated by the minor, in
3which the minor swears that the pregnancy is the result of a sexual assault in
4violation of s. 940.225 (1), (2) or (3) in which the minor did not indicate a freely given
5agreement to have sexual intercourse. The person who intends to perform or induce
6the abortion shall place the statement in the minor's medical record and report the
7sexual intercourse as required under s. 48.981 (2) or (2m) (e). Any minor who makes
8a false statement under this subdivision
, which the minor does not believe is true,
9is subject to a proceeding under s.
48.12 or 48.13
938.12 or 938.13 (12), whichever is
10applicable,
based on a violation of s. 946.32 (2).
AB130-engrossed, s. 309
11Section
309. 48.38 (3) (intro.) and (b) of the statutes are consolidated,
12renumbered 48.38 (3) and amended to read:
AB130-engrossed,83,1913
48.38
(3) Time. The agency shall file the permanency plan with the court
14within 60 days after the date on which the child was first held in physical custody
15or placed outside of his or her home under a court order, except
under either of the
16following conditions: (b) If that if the child is held for less than 60 days in a secure
17detention facility, juvenile portion of a county jail or a shelter care facility, no
18permanency plan is required if the child is returned to his or her home within that
19period.
AB130-engrossed, s. 309m
20Section 309m. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts
21377, 385 and 491, is amended to read:
AB130-engrossed,84,622
48.38
(3) (a) If the child is alleged to be delinquent and is being held in a secure
23detention facility, juvenile portion of a county jail or shelter care facility, and the
24agency intends to recommend that the child be placed in a secured correctional
25facility
or the department of corrections intends to recommend that custody of the
1child be transferred to the department of corrections for participation in the youthful
2offender program, the agency is not required to submit the permanency plan unless
3the court does not accept the recommendation of the agency
or the department of
4corrections. If the court places the child in any facility outside of the child's home
5other than a secured correctional facility, the agency shall file the permanency plan
6with the court within 60 days after the date of disposition.
AB130-engrossed, s. 310
7Section
310. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts
8377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed.
AB130-engrossed,84,14
1048.39 Disposition by court bars criminal proceeding. Disposition by the
11court of any violation of state law coming within its jurisdiction under s. 48.12 bars
12any future criminal proceeding on the same matter in circuit court when the child
13reaches the age of
18 17. This section does not affect criminal proceedings in circuit
14court which were transferred under s. 48.18.
AB130-engrossed, s. 311p
15Section 311p. 48.39 of the statutes, as affected by 1995 Wisconsin Act .... (this
16act), is repealed.
AB130-engrossed,85,218
48.396
(1) Peace officers' records of children shall be kept separate from records
19of
persons 18 or older adults. Peace officers' records of children shall not be open to
20inspection or their contents disclosed except under sub. (1m) or (5) or s. 48.293 or by
21order of the court. This subsection does not apply to the representatives of
22newspapers or other reporters of news who wish to obtain information for the
23purpose of reporting news without revealing the identity of the child involved, to the
24confidential exchange of information between the police and officials of the school
1attended by the child or other law enforcement or social welfare agencies or to
2children 16 or older who are transferred to the criminal courts.
AB130-engrossed, s. 312h
3Section 312h. 48.396 (1) of the statutes, as affected by 1995 Wisconsin Act ....
4(this act), is repealed and recreated to read:
AB130-engrossed,85,165
48.396
(1) Law enforcement officers' records of children, other than children
617 years of age or over who come within the jurisdiction of the court under s. 938.125
7or 938.13, shall be kept separate from records of adults. Law enforcement officers'
8records of children, other than children 17 years of age or over who come within the
9jurisdiction of the court under s. 938.125 or 938.13, shall not be open to inspection
10or their contents disclosed except under sub. (1g) or (1m) or s. 48.293 or by order of
11the court. This subsection does not apply to the representatives of newspapers or
12other reporters of news who wish to obtain information for the purpose of reporting
13news without revealing the identity of the child involved, to the confidential
14exchange of information between the police and officials of the school attended by the
15child or other law enforcement or social welfare agencies or to children 10 or over who
16are subject to the jurisdiction of the court of criminal jurisdiction.
AB130-engrossed,85,2118
48.396
(1g) If requested by the parent, guardian or legal custodian of a child
19who is the subject of a law enforcement officer's report, or if requested by the child,
20if 14 years of age or over, a law enforcement agency may, subject to official agency
21policy, provide to the parent, guardian, legal custodian or child a copy of that report.
AB130-engrossed,86,323
48.396
(1m) Upon the written permission of the parent, guardian or legal
24custodian of a child who is the subject of a law enforcement officer's report or upon
25the written permission of the child, if 14 years of age or over, a law enforcement
1agency may, subject to official agency policy, make available to the person named in
2the permission any reports specifically identified by the parent, guardian, legal
3custodian or child in the written permission.
AB130-engrossed,86,105
48.396
(2) (a) Records of the court assigned to exercise jurisdiction under this
6chapter
and ch. 938 and of courts exercising jurisdiction under s. 48.16
or 48.17 (2) 7shall be entered in books or deposited in files kept for that purpose only. They shall
8not be open to inspection or their contents disclosed except by order of the court
9assigned to exercise jurisdiction under this chapter
and ch. 938 or as permitted under
10this section or s. 48.375 (7) (e).
AB130-engrossed,86,1512
48.396
(2) (ag) Upon request of the parent, guardian or legal custodian of a
13child who is the subject of a record of a court specified in par. (a), or upon request of
14the child, if 14 years of age or over, the court shall open for inspection by the parent,
15guardian, legal custodian or child the records of the court relating to that child.
AB130-engrossed,86,2117
48.396
(2) (am) Upon the written permission of the parent, guardian or legal
18custodian of a child who is the subject of a record of a court specified in par. (a), the
19court shall open for inspection by the person named in the permission any records
20specifically identified by the parent, guardian, legal custodian or child in the written
21permission.
AB130-engrossed,87,118
48.415
(1) (a) 2. The child has been placed, or continued in a placement, outside
9the parent's home by a court order containing the notice required by s. 48.356 (2)
or
10938.356 (2) and the parent has failed to visit or communicate with the child for a
11period of 6 months or longer; or
AB130-engrossed,87,1713
48.415
(2) (a) That the child has been adjudged to be in need of protection or
14services and placed, or continued in a placement, outside his or her home pursuant
15to one or more court orders under s. 48.345, 48.357, 48.363
or, 48.365
, 938.345,
16938.357, 938.363 or 938.365 containing the notice required by s. 48.356 (2)
or 938.356
17(2).
AB130-engrossed, s. 327
18Section
327. Subchapter IX (title) of chapter 48 [precedes 48.44] of the
19statutes is amended to read:
AB130-engrossed,87,2321
SUBCHAPTER IX
22
JURISDICTION OVER PERSON
18 17
23OR OLDER
AB130-engrossed,88,3
148.44 (title)
Jurisdiction over persons 18 17 or older. (1) The court has
2jurisdiction over persons
18 17 or older as provided under ss. 48.355 (4) and 48.45 and
3as otherwise specifically provided in this chapter.
AB130-engrossed,88,115
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
6described in s. 48.12 or 48.13 it appears that any person
18 17 or older has been guilty
7of contributing to, encouraging, or tending to cause by any act or omission, such
8condition of the child, the judge may make orders with respect to the conduct of such
9person in his or her relationship to the child, including orders determining the ability
10of the person to provide for the maintenance or care of the child and directing when,
11how and where funds for the maintenance or care shall be paid.
AB130-engrossed, s. 328r
12Section 328r. 48.45 (1) (a) of the statutes, as affected by 1995 Wisconsin Act
13.... (this act), is repealed and recreated to read:
AB130-engrossed,88,2014
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
15described in s. 48.13 it appears that any person 17 or older has been guilty of
16contributing to, encouraging, or tending to cause by any act or omission, such
17condition of the child, the judge may make orders with respect to the conduct of such
18person in his or her relationship to the child, including orders determining the ability
19of the person to provide for the maintenance or care of the child and directing when,
20how and where funds for the maintenance or care shall be paid.
AB130-engrossed,89,222
48.45
(1) (b) An act or failure to act contributes to a condition of a child as
23described in s.
48.12 or 48.13, although the child is not actually adjudicated to come
24within the provisions of s.
48.12 or 48.13, if the natural and probable consequences
1of that act or failure to act would be to cause the child to come within the provisions
2of s.
48.12 or 48.13.
AB130-engrossed,89,125
48.45
(1m) (a) In a proceeding in which a child has been
adjudicated delinquent
6or has been found to be in need of protection or services
under s. 48.13, the judge may
7order the child's parent, guardian or legal custodian to comply with any conditions
8determined by the judge to be necessary for the child's welfare. An order under this
9paragraph may include an order to participate in mental health treatment, anger
10management, individual or family counseling or parent training and education and
11to make a reasonable contribution, based on ability to pay, toward the cost of those
12services.
AB130-engrossed,89,1814
48.45
(3) If it appears at a court hearing that any person
18 17 or older has
15violated s. 948.40, the judge shall refer the record to the district attorney for criminal
16proceedings as may be warranted in the district attorney's judgment. This
17subsection does not prevent prosecution of violations of s. 948.40 without the prior
18reference by the judge to the district attorney, as in other criminal cases.
AB130-engrossed,90,220
48.48
(1) To promote the enforcement of the laws relating to
delinquent
21children, nonmarital children and children in need of protection or services including
22developmentally disabled children and to take the initiative in all matters involving
23the interests of such children where adequate provision therefor is not made. This
24duty shall be discharged in cooperation with the courts, county departments,
1licensed child welfare agencies and with parents and other individuals interested in
2the welfare of children.
AB130-engrossed,90,84
48.48
(3) To accept legal custody of children transferred to it by the court
under
5s. 48.355 and guardianship of children when appointed by the court, and to provide
6special treatment and care when directed by the court. A court may not direct the
7department to administer psychotropic medications to children who receive special
8treatment or care under this subsection.
