AB130-engrossed,101,223
48.78
(2) (ag) Paragraph (a) does not prohibit an agency from making available
24for inspection or disclosing the contents of a record, upon the request of the parent,
25guardian or legal custodian of the child who is the subject of the record or upon the
1request of the child, if 14 years of age or over, to the parent, guardian, legal custodian
2or child.
AB130-engrossed,101,94
48.78
(2) (am) Paragraph (a) does not prohibit an agency from making
5available for inspection or disclosing the contents of a record, upon the written
6permission of the parent, guardian or legal custodian of the child who is the subject
7of the record or upon the written permission of the child, if 14 years of age or over,
8to the person named in the permission if the parent, guardian, legal custodian or
9child specifically identifies the record in the written permission.
AB130-engrossed,102,615
48.78
(3) If a child adjudged delinquent on the basis of a violation of s. 941.10,
16941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295,
17941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a),
18943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60,
19948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured
20correctional facility, has been allowed to leave a secured correctional facility for a
21specified time period and is absent from the facility for more than 12 hours after the
22expiration of the specified period or has run away from the child's placement in the
23community while under corrective sanctions
or youthful offender supervision, the
24department
of health and social services or the department of corrections may
25release the child's name and any information about the child that is necessary for the
1protection of the public or to secure the child's return to the facility or placement.
2The department
of health and social services shall promulgate rules establishing
3guidelines for the release of the child's name or information about the child to the
4public
, except that the department of corrections shall promulgate rules establishing
5guidelines for the release to the public of the name of a child, or information about
6a child, who is a participant in the youthful offender program.
AB130-engrossed,102,16
1048.95 Withdrawal or denial of petition. Except as provided under s. 48.839
11(3) (b), if the petition is withdrawn or denied, the circuit court shall order the case
12transferred to the court assigned to exercise jurisdiction under this chapter
and ch.
13938 for appropriate action, except that if parental rights have been terminated and
14the guardian of the minor is the department, a licensed child welfare agency or a
15county department under s. 48.57 (1) (e) or (hm), the minor shall remain in the legal
16custody of the guardian.
AB130-engrossed, s. 373
18Section
373. 48.992 of the statutes is renumbered 938.992, and 938.992 (1) (a)
19and (b) and (3), as renumbered, are amended to read:
AB130-engrossed,102,2520
938.992
(1) (a) The "appropriate court" of this state to issue a requisition under
21s.
48.991 938.991 (4) is the court assigned to exercise jurisdiction under this chapter
22and ch. 48 for the county of the petitioner's residence, or, if the petitioner is a child
23welfare agency, the court so assigned for the county where the agency has its
24principal office, or, if the petitioner is the department, any court so assigned in the
25state.
AB130-engrossed,103,3
1(b) The "appropriate court" of this state to receive a requisition under s.
48.991 2938.991 (4) or (5) or
48.998 938.998 is the court assigned to exercise jurisdiction
3under this chapter
and ch. 48 for the county where the juvenile is located.
AB130-engrossed,103,7
4(3) Notwithstanding s.
48.991 938.991 (3) (b), "delinquent juvenile" does not
5include a person subject to an order under s. 48.366
who is confined to a state prison
6under s. 302.01 or a person subject to an order under s. 938.34 (4g) who is 17 years
7of age or over.
AB130-engrossed, s. 374
8Section
374. 48.993 of the statutes is renumbered 938.993, and 938.993 (2),
9as renumbered, is amended to read:
AB130-engrossed,103,1710
938.993
(2) The compact administrator shall determine for this state whether
11to receive juvenile probationers and parolees of other states under s.
48.991 938.991 12(7) and shall arrange for the supervision of each such probationer or parolee received,
13either by the department or by a person appointed to perform supervision service for
14the court assigned to exercise jurisdiction under this chapter
and ch. 48 for the
15county where the juvenile is to reside, whichever is more convenient. Those persons
16shall in all such cases make periodic reports to the compact administrator regarding
17the conduct and progress of the juveniles.
AB130-engrossed,104,2
20938.994 Supplementary agreements. The department may enter into
21supplementary agreements with appropriate officials of other states under s.
48.991 22938.991 (10). If the supplementary agreement requires or contemplates the use of
23any institution or facility of this state or the provision of any service by this state, the
24supplementary agreement has no effect until approved by the department or agency
1under whose jurisdiction the institution or facility is operated or which shall be
2charged with the rendering of the service.
AB130-engrossed,104,6
5938.995 Financial arrangements. The expense of returning juveniles to
6this state pursuant to s.
48.991 938.991 shall be paid as follows:
AB130-engrossed,104,16
7(1) In the case of a runaway under s.
48.991 938.991 (4), the court making the
8requisition shall inquire summarily regarding the financial ability of the petitioner
9to bear the expense and if it finds the petitioner is able to do so, shall order the
10petitioner to pay all the expenses of returning the juvenile; otherwise the court shall
11arrange for the transportation at the expense of the county and order that the county
12reimburse the person, if any, who returns the juvenile, for that person's actual and
13necessary expenses; and the court may order that the petitioner reimburse the
14county for so much of the expense as the court finds the petitioner is able to pay. If
15the petitioner fails, without good cause, or refuses to pay that sum, the petitioner
16may be proceeded against for contempt.
AB130-engrossed,105,2
17(2) In the case of an escapee or absconder under s.
48.991 938.991 (5) or (6), if
18the juvenile is in the legal custody of the department, it shall bear the expense of his
19or her return; otherwise the appropriate court shall, on petition of the person entitled
20to the juvenile's custody or charged with his or her supervision, arrange for the
21transportation at the expense of the county and order that the county reimburse the
22person, if any, who returns the juvenile, for the person's actual and necessary
23expenses. In this subsection "appropriate court" means the court which adjudged the
24juvenile to be delinquent or, if the juvenile is under supervision for another state
25under s.
48.991 938.991 (7), then the court assigned to exercise jurisdiction under
1this chapter
and ch. 48 for the county of the juvenile's residence during the
2supervision.
AB130-engrossed,105,16
3(3) In the case of a voluntary return of a runaway without requisition under
4s.
48.991 938.991 (6), the person entitled to the juvenile's legal custody shall pay the
5expense of transportation and the actual and necessary expenses of the person, if
6any, who returns the juvenile; but if the person is financially unable to pay all the
7expenses he or she may petition the court assigned to exercise jurisdiction under this
8chapter
and ch. 48 for the county of the petitioner's residence for an order arranging
9for the transportation as provided in sub. (1). The court shall inquire summarily into
10the financial ability of the petitioner and, if it finds the petitioner is unable to bear
11any or all of the expense, the court shall arrange for the transportation at the expense
12of the county and shall order the county to reimburse the person, if any, who returns
13the juvenile, for the person's actual and necessary expenses. The court may order
14that the petitioner reimburse the county for so much of the expense as the court finds
15the petitioner is able to pay. If the petitioner fails, without good cause, or refuses to
16pay that sum, he or she may be proceeded against for contempt.
AB130-engrossed,105,23
17(4) In the case of a juvenile subject to a petition under s.
48.998 938.998, the
18appropriate court shall arrange for the transportation at the expense of the county
19in which the violation of criminal law is alleged to have been committed and order
20that the county reimburse the person, if any, who returns the juvenile, for the
21person's actual and necessary expenses. In this subsection "appropriate court"
22means the court assigned to exercise jurisdiction under this chapter
and ch. 48 for
23the county in which the violation of criminal law is alleged to have been committed.
AB130-engrossed, s. 379
1Section
379. 48.998 of the statutes is renumbered 938.998, and 938.998 (2),
2as renumbered, is amended to read:
AB130-engrossed,106,123
938.998
(2) All provisions and procedures of s.
48.991 938.991 (5) and (6) shall
4be construed to apply to any juvenile charged with being a delinquent by reason of
5a violation of any criminal law. Any juvenile, charged with being a delinquent by
6reason of violating any criminal law shall be returned to the requesting state upon
7a requisition to the state where the juvenile may be found. A petition in such case
8shall be filed in a court of competent jurisdiction in the requesting state where the
9violation of criminal law is alleged to have been committed. The petition may be filed
10regardless of whether the juvenile has left the state before or after the filing of the
11petition. The requisition described in s.
48.991
938.991 (5) shall be forwarded by the
12judge of the court in which the petition has been filed.
AB130-engrossed,106,2114
49.19
(4) (c) The person having the care and custody of the dependent child
15must be fit and proper to have the child. Aid shall not be denied by the county
16department under s. 46.215 or 46.22 on the grounds that a person is not fit and proper
17to have the care and custody of the child until the county department obtains a
18finding substantiating that fact from a court assigned to exercise jurisdiction under
19ch. chs. 48
and 938 or other court of competent jurisdiction; but in appropriate cases
20it is the responsibility of the county department to petition under ch. 48 or refer the
21case to a proper child protection agency.
AB130-engrossed,106,2423
49.46
(1) (a) 5. Any child in an adoption assistance, foster care or treatment
24foster care placement under ch. 48
or 938, as determined by the department.
AB130-engrossed,107,4
149.80
(7) Individuals in state prisons. No payment under sub. (6) may be made
2to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person placed
3at a secured correctional facility, as defined in s.
48.02 938.02 (15m)
, or a secured
4child caring institution, as defined in s. 938.02 (15g).
AB130-engrossed,107,106
49.90
(1m) Each spouse has an equal obligation to support the other spouse as
7provided in this chapter. Each parent has an equal obligation to support his or her
8minor children as provided in this chapter and
ch.
chs. 48
and 938. Each parent of
9a dependent person under the age of 18 has an equal obligation to support the child
10of the dependent person as provided under sub. (1) (a) 2.
AB130-engrossed,107,2012
50.39
(3) Facilities governed by ss. 45.365, 48.62, 49.14, 49.171, 50.02, 51.09,
1358.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s.
1448.02 938.02 (15m), correctional institutions governed by the department of
15corrections under s. 301.02 and the offices and clinics of persons licensed to treat the
16sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32
17to 50.39 do not abridge the rights of the medical examining board, physical therapists
18affiliated credentialing board, dentistry examining board, pharmacy examining
19board, chiropractic examining board and board of nursing in carrying out their
20statutory duties and responsibilities.
AB130-engrossed,108,522
51.05
(2) The department may not accept for admission to a mental health
23institute any resident person, except in an emergency, unless the county department
24under s. 51.42 in the county where the person has legal residency authorizes the care,
25as provided in s. 51.42 (3) (as). Patients who are committed to the department under
1s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06,
2admitted by the department under s. 975.17, 1977 stats., or are transferred from a
3juvenile correctional facility
or a secured child caring institution, as defined in s.
4938.02 (15g), to a state treatment facility under s. 51.35 (3) or from a jail or prison
5to a state treatment facility under s. 51.37 (5) are not subject to this section.
AB130-engrossed,108,207
51.13
(1) (c) If a minor 14 years of age or older wishes to be admitted to an
8approved inpatient treatment facility but a parent with legal custody or the guardian
9refuses to execute the application for admission or cannot be found, or if there is no
10parent with legal custody, the minor or a person acting on the minor's behalf may
11petition the court assigned to exercise jurisdiction under
ch. chs. 48
and 938 in the
12county of residence of the parent or guardian for approval of the admission. A copy
13of the petition and a notice of hearing shall be served upon the parent or guardian
14at his or her last-known address. If, after hearing, the court determines that the
15parent or guardian's consent is unreasonably withheld or that the parent or guardian
16cannot be found or that there is no parent with legal custody, and that the admission
17is proper under the standards prescribed in sub. (4) (d), it shall approve the minor's
18admission without the parent or guardian's consent. The court may, at the minor's
19request, temporarily approve the admission pending hearing on the petition. If a
20hearing is held under this subsection, no review or hearing under sub. (4) is required.
AB130-engrossed,109,1322
51.13
(4) (a) Within 3 days of the admission of a minor under sub. (1), or within
233 days of application for such admission, whichever occurs first, the treatment
24director of the facility to which the minor is admitted or, in the case of a center for
25the developmentally disabled, the director of the center, shall file a verified petition
1for review of the admission in the court assigned to exercise jurisdiction under
ch. 2chs. 48
and 938 in the county in which the facility is located. The petition shall
3contain: 1) the name, address and date of birth of the minor; 2) the names and
4addresses of the parents or guardian; 3) the facts substantiating the petitioner's
5belief in the minor's need for psychiatric services, or services for developmental
6disability, alcoholism or drug abuse; 4) the facts substantiating the appropriateness
7of inpatient treatment in the inpatient treatment facility; 5) the basis for
the 8petitioner's opinion that inpatient care in the facility is the least restrictive
9treatment consistent with the needs of the minor; and 6) notation of any statement
10made or conduct demonstrated by the minor in the presence of the director or staff
11of the facility indicating that inpatient treatment is against the wishes of the minor.
12A copy of the application for admission and of any relevant professional evaluations
13shall be attached to the petition.
AB130-engrossed,109,1915
51.13
(4) (b) If hardship would otherwise occur and if the best interests of the
16minor would be served thereby, the court may, on its own motion or on the motion of
17any interested party, remove the petition to the court assigned to exercise
18jurisdiction under
ch. chs. 48
and 938 of the county of residence of the parent or
19guardian.
AB130-engrossed,110,1621
51.13
(4) (d) Within 5 days of the filing of the petition, the court assigned to
22exercise jurisdiction under
ch. chs. 48
and 938 shall determine, based on the
23allegations of the petition and accompanying documents, whether the admission is
24voluntary on the part of the minor if the minor is 14 years of age or older and whether
25there is a prima facie showing that the minor is in need of psychiatric services, or
1services for developmental disability, alcoholism or drug abuse, that the treatment
2facility offers inpatient therapy or treatment which is appropriate to the minor's
3needs, and that inpatient care in the treatment facility is the least restrictive therapy
4or treatment consistent with the needs of the minor. If such a showing is made, the
5court shall permit voluntary admission. If the court is unable to make such
6determinations based on the petition and accompanying documents, it shall dismiss
7the petition as provided in par. (h); or order additional information to be produced
8as it deems necessary to make such review, and make such determinations within
914 days of admission or application for admission, whichever is sooner; or it may hold
10a hearing within 14 days of admission or application for admission, whichever is
11sooner. If a notation of the minor's unwillingness appears on the face of the petition,
12or if a hearing has been requested by the minor, the minor's counsel, parent or
13guardian, the court shall hold a hearing to review the admission within 14 days of
14admission or application for admission, whichever is sooner, and shall appoint
15counsel to represent the minor if the minor is unrepresented. If the court deems it
16necessary, it shall also appoint a guardian ad litem to represent the minor.
AB130-engrossed,110,2418
51.13
(4) (h) 2. Order the petition to be treated as a petition for involuntary
19commitment and refer it to the court where the review under this section was held,
20or if it was not held in the county of legal residence of the subject individual's parent
21or guardian and hardship would otherwise occur and if the best interests of the
22subject individual would be served thereby, to the court assigned to exercise
23jurisdiction under
ch chs. 48
and 938 in such county for a hearing under s. 51.20 or
2451.45 (13).
AB130-engrossed,111,5
151.13
(4) (h) 4. If there is a reason to believe the minor is in need of protection
2or services under s. 48.13
or 938.13, dismiss the petition and authorize the filing of
3a petition under s. 48.25 (3)
or 938.25 (3). The court may release the minor or may
4order that the minor be taken and held in custody under s. 48.19 (1) (c)
or 938.19 (1)
5(c).
AB130-engrossed,111,97
51.14
(2) Mental health review officer. Each court assigned to exercise
8jurisdiction under
ch chs. 48
and 938 shall designate a mental health review officer
9to review petitions filed under sub. (3).
AB130-engrossed,111,1511
51.15
(1) (a) (intro.) A law enforcement officer or other person authorized to
12take a child into custody under ch. 48
or 938 may take an individual into custody if
13the officer or person has cause to believe that such individual is mentally ill, drug
14dependent or developmentally disabled, and that the individual evidences any of the
15following:
AB130-engrossed,112,216
3. A substantial probability of physical impairment or injury to himself or
17herself due to impaired judgment, as manifested by evidence of a recent act or
18omission. The probability of physical impairment or injury is not substantial under
19this subdivision if reasonable provision for the individual's protection is available in
20the community and there is a reasonable probability that the individual will avail
21himself or herself of these services or, in the case of a minor, if the individual is
22appropriate for services or placement under s. 48.13 (4) or (11)
or 938.13 (4). Food,
23shelter or other care provided to an individual who is substantially incapable of
24obtaining the care for himself or herself, by any person other than a treatment
1facility, does not constitute reasonable provision for the individual's protection
2available in the community under this subdivision.
AB130-engrossed,112,203
4. Behavior manifested by a recent act or omission that, due to mental illness
4or drug dependency, he or she is unable to satisfy basic needs for nourishment,
5medical care, shelter or safety without prompt and adequate treatment so that a
6substantial probability exists that death, serious physical injury, serious physical
7debilitation or serious physical disease will imminently ensue unless the individual
8receives prompt and adequate treatment for this mental illness or drug dependency.
9No substantial probability of harm under this subdivision exists if reasonable
10provision for the individual's treatment and protection is available in the community
11and there is a reasonable probability that the individual will avail himself or herself
12of these services, if the individual can receive protective placement under s. 55.06 or,
13in the case of a minor, if the individual is appropriate for services or placement under
14s. 48.13 (4) or (11)
or 938.13 (4). The individual's status as a minor does not
15automatically establish a substantial probability of death, serious physical injury,
16serious physical debilitation or serious disease under this subdivision. Food, shelter
17or other care provided to an individual who is substantially incapable of providing
18the care for himself or herself, by any person other than a treatment facility, does not
19constitute reasonable provision for the individual's treatment or protection available
20in the community under this subdivision.
AB130-engrossed,113,622
51.20
(1) (a) 2. b. Evidences a substantial probability of physical harm to other
23individuals as manifested by evidence of recent homicidal or other violent behavior,
24or by evidence that others are placed in reasonable fear of violent behavior and
25serious physical harm to them, as evidenced by a recent overt act, attempt or threat
1to do serious physical harm. In this subd. 2. b., if the petition is filed under a court
2order under s.
48.30 938.30 (5) (c) 1. or (d) 1., a finding by the court exercising
3jurisdiction under
ch. chs. 48
and 938 that the child committed the act or acts alleged
4in the petition under s.
48.12 or 48.13 938.12 or 938.13 (12) may be used to prove that
5the child exhibited recent homicidal or other violent behavior or committed a recent
6overt act, attempt or threat to do serious physical harm.
AB130-engrossed,113,207
c. Evidences such impaired judgment, manifested by evidence of a pattern of
8recent acts or omissions, that there is a substantial probability of physical
9impairment or injury to himself or herself. The probability of physical impairment
10or injury is not substantial under this subd. 2. c. if reasonable provision for the
11subject individual's protection is available in the community and there is a
12reasonable probability that the individual will avail himself or herself of these
13services, if the individual is appropriate for protective placement under s. 55.06 or,
14in the case of a minor, if the individual is appropriate for services or placement under
15s. 48.13 (4) or (11)
or 938.13 (4). The subject individual's status as a minor does not
16automatically establish a substantial probability of physical impairment or injury
17under this subd. 2. c. Food, shelter or other care provided to an individual who is
18substantially incapable of obtaining the care for himself or herself, by a person other
19than a treatment facility, does not constitute reasonable provision for the subject
20individual's protection available in the community under this subd. 2. c.
AB130-engrossed,114,1321
d. Evidences behavior manifested by recent acts or omissions that, due to
22mental illness, he or she is unable to satisfy basic needs for nourishment, medical
23care, shelter or safety without prompt and adequate treatment so that a substantial
24probability exists that death, serious physical injury, serious physical debilitation or
25serious physical disease will imminently ensue unless the individual receives
1prompt and adequate treatment for this mental illness. No substantial probability
2of harm under this subd. 2. d. exists if reasonable provision for the individual's
3treatment and protection is available in the community and there is a reasonable
4probability that the individual will avail himself or herself of these services, if the
5individual is appropriate for protective placement under s. 55.06 or, in the case of a
6minor, if the individual is appropriate for services or placement under s. 48.13 (4) or
7(11)
or 938.13 (4). The individual's status as a minor does not automatically establish
8a substantial probability of death, serious physical injury, serious physical
9debilitation or serious disease under this subd. 2. d. Food, shelter or other care
10provided to an individual who is substantially incapable of obtaining the care for
11himself or herself, by any person other than a treatment facility, does not constitute
12reasonable provision for the individual's treatment or protection available in the
13community under this subd. 2. d.
AB130-engrossed,114,1815
51.20
(1) (b) Each petition for examination shall be signed by 3 adult persons,
16at least one of whom has personal knowledge of the conduct of the subject individual,
17except that this requirement does not apply if the petition is filed pursuant to a court
18order under s.
48.30 938.30 (5) (c) 1. or (d) 1.
AB130-engrossed,114,2120
51.20
(6) Juveniles. For minors, the hearings held under this section shall be
21before the court assigned to exercise jurisdiction under
ch. chs. 48
and 938.
AB130-engrossed,115,323
51.20
(13) (cr) If the subject individual is before the court on a petition filed
24under a court order under s.
48.30 938.30 (5) (c) 1. and is found to have committed
25a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require
1the individual to provide a biological specimen to the state crime laboratories for
2deoxyribonucleic acid analysis and to comply with the reporting and testing
3requirements of s. 175.45.
AB130-engrossed,115,65
51.35
(3) (title)
Transfer of certain children from juvenile correctional
6facilities and secured child caring institutions.
AB130-engrossed,115,258
51.35
(3) (a) A licensed psychologist of a juvenile correctional facility
under s.
948.52 or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed
10physician of the department
of corrections, who has reason to believe that any
11individual confined in the facility
or institution is, in his or her opinion, in need of
12services for developmental disability, alcoholism or drug dependency or in need of
13psychiatric services, and who has obtained voluntary consent to make a transfer for
14treatment, shall make a report, in writing, to the superintendent of the facility
or
15institution, stating the nature and basis of the belief and verifying the consent. In
16the case of a minor age 14 and over, the minor and the minor's parent or guardian
17shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of
18a minor under the age of 14, only the minor's parent or guardian need consent. The
19superintendent shall inform, orally and in writing, the minor and the minor's parent
20or guardian, that transfer is being considered and shall inform them of the basis for
21the request and their rights as provided in s. 51.13 (3). If the department, upon
22review of a request for transfer, determines that transfer is appropriate, the
23department may immediately transfer the individual. The department shall file a
24petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under
ch. 25chs. 48
and 938 of the county where the treatment facility is located.
AB130-engrossed,116,172
51.35
(3) (b) The court assigned to exercise jurisdiction under
ch. chs. 48
and
3938 shall determine, based on the allegations of the petition and accompanying
4documents, whether the transfer is voluntary on the part of the minor if he or she is
5aged 14 or over, and whether the transfer of the minor to an inpatient facility is
6appropriate and consistent with the needs of the minor. In the event that the court
7is unable to make such determinations based on the petition and accompanying
8documents, it shall order additional information to be produced as it deems
9necessary to make such review, and make such determinations within 14 days of
10admission, or it may hold a hearing within 14 days of admission. If a notation of the
11minor's unwillingness appears on the face of the petition, or that a hearing has been
12requested by the minor, the minor's counsel, guardian ad litem, parent or guardian,
13the court shall hold a hearing and appoint counsel or a guardian ad litem for the
14minor as provided in s. 51.13 (4) (d). At the conclusion of the hearing, the court shall
15approve or disapprove the request for transfer. If the minor is under the continuing
16jurisdiction of the court of another county, the court may order the case transferred
17together with all appropriate records to that court.
AB130-engrossed,117,619
51.35
(3) (c) A licensed psychologist of a juvenile correctional facility
or a
20secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician
21of the department
of corrections, who has reason to believe that any individual
22confined in the facility
or institution is, in his or her opinion, mentally ill, drug
23dependent or developmentally disabled, and is dangerous as defined in s. 51.20 (1)
24(a) 2., or is an alcoholic and is dangerous as defined in s. 51.45 (13) (a), shall file a
25written report with the superintendent of the facility
or institution, stating the
1nature and basis of the belief. If the superintendent, upon review of the allegations
2in the report, determines that transfer is appropriate, he or she shall file a petition
3according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under
ch 4chs. 48
and 938 of the county where the correctional facility
or secured child caring
5institution is located. The court shall hold a hearing according to procedures
6provided in s. 51.20 or 51.45 (13).
AB130-engrossed,117,258
51.35
(3) (e) The department may authorize emergency transfer of an
9individual from a juvenile correctional facility
or a secured child caring institution,
10as defined in s. 938.02 (15g), to a state treatment facility if there is cause to believe
11that the individual is mentally ill, drug dependent or developmentally disabled and
12exhibits conduct which constitutes a danger as defined in s. 51.20 (1) (a) 2. to the
13individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13)
14(a) 1. and 2. The
correctional custodian of the sending
facility or institution shall
15execute a statement of emergency detention or petition for emergency commitment
16for the individual and deliver it to the receiving state treatment facility. The
17department shall file the statement or petition with the court within 24 hours after
18the subject individual is received for detention or commitment. The statement or
19petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency
20transfer is made, the director of the receiving facility may file a petition for continued
21commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the
22facility or institution from which the transfer was made. As an alternative to this
23procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that
24no prisoner may be released without the approval of the court which directed
25confinement in the correctional facility
or secured child caring institution.
AB130-engrossed,118,112
51.35
(3) (g) A minor 14 years of age or older who is transferred to a treatment
3facility under par. (a) may request in writing a return to the juvenile correctional
4facility
or secured child caring institution, as defined in s. 938.02 (15g). In the case
5of a minor under 14 years of age, the parent or guardian may make the request. Upon
6receipt of a request for return from a minor 14 years of age or over, the director shall
7immediately notify the minor's parent or guardian. The minor shall be returned to
8the juvenile correctional facility
or secured child caring institution within 48 hours
9after submission of the request unless a petition or statement is filed for emergency
10detention, emergency commitment, involuntary commitment or protective
11placement.
AB130-engrossed,118,1513
51.42
(3) (ar) 4. b. Comprehensive diagnostic and evaluation services,
14including assessment as specified under ss. 343.30 (1q) and 343.305 (10) and
15assessments under
s. ss. 48.295 (1)
and 938.295 (1).
AB130-engrossed,119,1617
51.42
(3) (as) 1. A county department of community programs shall authorize
18all care of any patient in a state, local or private facility under a contractual
19agreement between the county department of community programs and the facility,
20unless the county department of community programs governs the facility. The need
21for inpatient care shall be determined by the program director or designee in
22consultation with and upon the recommendation of a licensed physician trained in
23psychiatry and employed by the county department of community programs or its
24contract agency. In cases of emergency, a facility under contract with any county
25department of community programs shall charge the county department of
1community programs having jurisdiction in the county where the patient is found.
2The county department of community programs shall reimburse the facility for the
3actual cost of all authorized care and services less applicable collections under s.
446.036, unless the department of health and social services determines that a charge
5is administratively infeasible, or unless the department of health and social services,
6after individual review, determines that the charge is not attributable to the cost of
7basic care and services. A county department of community programs may not
8reimburse any state institution or receive credit for collections for care received
9therein by nonresidents of this state, interstate compact clients, transfers under s.
1051.35 (3), and transfers from Wisconsin state prisons under s. 51.37 (5) (a),
11commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats.
, or s. 971.14,
12971.17 or 975.06 or admissions under s. 975.17, 1977 stats., or children placed in the
13guardianship or legal custody of the department of health and social services or the
14department of corrections under s. 48.355, 48.427
or, 48.43
or 938.355. The
15exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which
16are attributable to care and treatment of the client.
AB130-engrossed,120,1918
51.437
(4rm) (a) A county department of developmental disabilities services
19shall authorize all care of any patient in a state, local or private facility under a
20contractual agreement between the county department of developmental disabilities
21services and the facility, unless the county department of developmental disabilities
22services governs the facility. The need for inpatient care shall be determined by the
23program director or designee in consultation with and upon the recommendation of
24a licensed physician trained in psychiatry and employed by the county department
25of developmental disabilities services or its contract agency prior to the admission
1of a patient to the facility except in the case of emergency services. In cases of
2emergency, a facility under contract with any county department of developmental
3disabilities services shall charge the county department of developmental
4disabilities services having jurisdiction in the county where the individual receiving
5care is found. The county department of developmental disabilities services shall
6reimburse the facility for the actual cost of all authorized care and services less
7applicable collections under s. 46.036, unless the department of health and social
8services determines that a charge is administratively infeasible, or unless the
9department of health and social services, after individual review, determines that
10the charge is not attributable to the cost of basic care and services. The exclusionary
11provisions of s. 46.03 (18) do not apply to direct and indirect costs which are
12attributable to care and treatment of the client. County departments of
13developmental disabilities services may not reimburse any state institution or
14receive credit for collections for care received therein by nonresidents of this state,
15interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s.
16975.01, 1977 stats., or s. 975.02, 1977 stats.
, or s. 971.14, 971.17 or 975.06,
17admissions under s. 975.17, 1977 stats., or children placed in the guardianship or
18legal custody of the department of health and social services under s. 48.355, 48.427
19or, 48.43
or 938.355.
AB130-engrossed,121,221
51.45
(5) (d) 1. Ensure that each county receiving funding under par. (b) has
22in place not later than 12 months from the date the county initially receives the
23funding a coordinating council whose duties shall include the coordination of alcohol
24and other drug abuse activities relating to primary prevention with school districts,
25community service and treatment providers in the community, courts assigned to
1exercise jurisdiction under
ch. chs. 48
and 938, law enforcement agencies, parents,
2children and the alcohol and other drug abuse prevention specialist.