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, s. 385 21Section 385. 51.05 (2) of the statutes is amended to read:
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, s. 386 6Section 386. 51.13 (1) (c) of the statutes is amended to read:
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, s. 387 21Section 387. 51.13 (4) (a) of the statutes is amended to read:
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, s. 388 14Section 388. 51.13 (4) (b) of the statutes is amended to read:
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, s. 389 20Section 389. 51.13 (4) (d) of the statutes is amended to read:
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, s. 390 17Section 390. 51.13 (4) (h) 2. of the statutes is amended to read:
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, s. 391 25Section 391. 51.13 (4) (h) 4. of the statutes is amended to read:
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, s. 392 6Section 392. 51.14 (2) of the statutes is amended to read:
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, s. 393 10Section 393. 51.15 (1) (a) (intro.), 3. and 4. of the statutes are amended to read:
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, s. 394 21Section 394. 51.20 (1) (a) 2. b., c. and d. of the statutes are amended to read:
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, s. 395 14Section 395. 51.20 (1) (b) of the statutes is amended to read:
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, s. 396 19Section 396. 51.20 (6) of the statutes is amended to read:
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, s. 397 22Section 397. 51.20 (13) (cr) of the statutes is amended to read:
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, s. 398 4Section 398. 51.35 (3) (title) of the statutes is amended to read:
AB130-engrossed,115,65 51.35 (3) (title) Transfer of certain children from juvenile correctional
6facilities
and secured child caring institutions.
AB130-engrossed, s. 399 7Section 399. 51.35 (3) (a) of the statutes is amended to read:
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, s. 400
1Section 400. 51.35 (3) (b) of the statutes is amended to read:
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, s. 401 18Section 401. 51.35 (3) (c) of the statutes is amended to read:
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, s. 402 7Section 402. 51.35 (3) (e) of the statutes is amended to read:
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, s. 403
1Section 403. 51.35 (3) (g) of the statutes is amended to read:
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, s. 404 12Section 404. 51.42 (3) (ar) 4. b. of the statutes is amended to read:
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, s. 405 16Section 405. 51.42 (3) (as) 1. of the statutes is amended to read:
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, s. 406 17Section 406. 51.437 (4rm) (a) of the statutes is amended to read:
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, s. 407 20Section 407. 51.45 (5) (d) 1. of the statutes is amended to read:
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.
AB130-engrossed, s. 408 3Section 408. 51.45 (11) (bm) of the statutes is amended to read:
AB130-engrossed,121,74 51.45 (11) (bm) If the person who appears to be incapacitated by alcohol under
5par. (b) is a minor, either a law enforcement officer or a person authorized to take a
6child into custody under ch. 48 or 938 may take the minor into custody as provided
7in par. (b).
AB130-engrossed, s. 409 8Section 409. 59.175 of the statutes is amended to read:
AB130-engrossed,121,22 959.175 Clerks of counties containing state institutions to make claims
10in certain cases.
The county clerk of any county which is entitled to reimbursement
11under s. 16.51 (7) shall make a certified claim against the state, without direction
12from the county board, in all cases where the reimbursement is directed in that
13subsection, upon forms prescribed by the department of administration. The forms
14shall contain information required by the clerk and shall be filed annually with the
15department of corrections
on or before June 1. If the claim is for reimbursement of
16expenses involving a prisoner in a state prison, as defined in s. 302.01, the form shall
17be filed with the department of corrections. If the claim is for reimbursement of
18expenses involving a child in a secured correctional facility, as defined in s. 938.02
19(15m), the form shall be filed with the department of health and social services.
If
20the claims are approved by the department of corrections or the department of health
21and social services
, they shall be certified to the department of administration and
22paid from the appropriation made by under s. 20.410 (1) (c) or 20.435 (3) (c).
AB130-engrossed, s. 410 23Section 410. 60.23 (22m) of the statutes is created to read:
AB130-engrossed,122,324 60.23 (22m) School attendance. If the town board has established a
25municipal court under s. 755.01 (1), enact and enforce an ordinance to impose a

1forfeiture, which is the same as the fine provided under s. 118.15 (5), upon a person
2having under his or her control a child who is between the ages of 6 and 18 years and
3whose child is not in compliance with s. 118.15.
AB130-engrossed, s. 411 4Section 411. 101.123 (1) (i) of the statutes is amended to read:
AB130-engrossed,122,85 101.123 (1) (i) "State institution" means a prison, a secured correctional
6facility, a mental health institute as defined in s. 51.01 (12) or a center for the
7developmentally disabled as defined in s. 51.01 (3), except that "state institution"
8does not include a Type 2 secured correctional facility, as defined in s. 938.02 (20)
.
AB130-engrossed, s. 412 9Section 412. 101.123 (3) (gg) of the statutes is created to read:
AB130-engrossed,122,1110 101.123 (3) (gg) A Type 2 secured correctional facility, as defined in s. 938.02
11(20).
AB130-engrossed, s. 413 12Section 413. 102.07 (13) of the statutes is amended to read:
AB130-engrossed,122,1813 102.07 (13) A child performing uncompensated community service work as a
14result of an informal disposition under s. 48.245 a deferred prosecution agreement
15under s. 938.245
, a consent decree under s. 48.32 938.32 or an order under s. 48.34
16(9) 938.34 (5g) is an employe of the county in which the court ordering the community
17service work is located. No compensation may be paid to that employe for temporary
18disability during the healing period.
AB130-engrossed, s. 414 19Section 414. 103.70 (1) of the statutes is amended to read:
AB130-engrossed,123,420 103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31
21and 103.78, and as may be provided under s. 103.79, a minor, unless indentured as
22an apprentice in accordance with s. 106.01, or unless 12 years and over and engaged
23in agricultural pursuits, or unless 14 years and over and enrolled in a youth
24apprenticeship program under s. 101.265, shall may not be employed or permitted
25to work at any gainful occupation or employment unless there is first obtained from

1the department or a permit officer a written permit authorizing the employment of
2the minor within those periods of time stated in the permit, which shall not exceed
3the maximum hours prescribed by law. The issuance of a permit under this
4subsection is subject to any limitations imposed under s. 938.342 (1) (e).
AB130-engrossed, s. 415 5Section 415. 103.72 of the statutes is amended to read:
AB130-engrossed,123,11 6103.72 Refusal and revocation of permits. (1) The department or permit
7officer may refuse to grant permits in the case of minors who seem physically unable
8to perform the labor at which they are to be employed. They may also refuse to grant
9a permit if in their judgment the best interests of the minor would be served by such
10that refusal. The department shall refuse to grant a permit if so ordered under s.
11938.342 (1) (e).
AB130-engrossed,123,21 12(2) Whenever it shall appear appears to the department that any a permit has
13been improperly or illegally issued, or that the physical or moral welfare or school
14attendance
of the minor would be best served by the revocation of the permit, the
15department may forthwith immediately, without notice, revoke the same, and
16permit. The department shall revoke a permit if ordered to do so under s. 938.342
17(1) (e). If the department revokes a permit, the department
shall , by registered mail,
18notify the person employing such the minor and the minor holding such the permit
19of such the revocation. Upon receipt of such the notice, the employer employing such
20the minor shall forthwith immediately return the revoked permit to the department
21and discontinue the employment of the minor.
AB130-engrossed, s. 416 22Section 416. 103.87 of the statutes is amended to read:
AB130-engrossed,124,11 23103.87 Employe not to be disciplined for testifying. No employer may
24discharge an employe because the employe is subpoenaed to testify in an action or
25proceeding pertaining to a crime or pursuant to ch. 48 or 938. On or before the first

1business day after the receipt of a subpoena to testify, the employe shall give the
2employer notice if he or she will have to be absent from employment because he or
3she has been subpoenaed to testify in an action or proceeding pertaining to a crime
4or pursuant to ch. 48 or 938. If a person is subpoenaed to testify in an action or
5proceeding as a result of a crime, as defined in s. 950.02 (1m), against the person's
6employer or an incident involving the person during the course of his or her
7employment, the employer shall not decrease or withhold the employe's pay for any
8time lost resulting from compliance with the subpoena. An employer who violates
9this section may be fined not more than $200 and may be required to make full
10restitution to the aggrieved employe, including reinstatement and back pay. Except
11as provided in this section, restitution shall be in accordance with s. 973.20.
AB130-engrossed, s. 417 12Section 417. 115.31 (1) (b) of the statutes is amended to read:
AB130-engrossed,124,2013 115.31 (1) (b) "Educational agency" means a school district, cooperative
14educational service agency, state correctional institution under s. 302.01, secured
15correctional facility, as defined in s. 48.02 938.02 (15m), secured child caring
16institution, as defined in s. 938.02 (15g),
the Wisconsin school for the visually
17handicapped, the Wisconsin school for the deaf, the Mendota mental health institute,
18the Winnebago mental health institute, a state center for the developmentally
19disabled, a private school or a private, nonprofit, nonsectarian agency under contract
20with a school board under s. 118.153 (3) (c).
AB130-engrossed, s. 418 21Section 418. 115.81 (9) (c) of the statutes is amended to read:
AB130-engrossed,124,2522 115.81 (9) (c) Notwithstanding ss. 48.34 (4) and (4m), 48.345, 48.363, 48.427
23(3), 767.24 (3), 880.12 and, 880.15, 938.183, 938.34 (4) and (4m), 938.345 and
24938.363
, a surrogate parent has the authority to act as the child's parent in all
25matters relating to this subchapter.
AB130-engrossed, s. 419
1Section 419. 115.85 (2m) of the statutes is amended to read:
AB130-engrossed,125,92 115.85 (2m) Placement disputes. If a dispute arises between the school board
3and the department of health and social services or a county department under s.
446.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the
5placement of a child in an appropriate program under sub. (2), the state
6superintendent shall resolve the dispute. This subsection applies only to placements
7in nonresidential educational programs made under ss. 48.48 (4) and, 48.57 (1) (c),
8938.48 (4) and 938.57 (1) (c)
and to placements in child caring institutions made
9under s. 115.815.
AB130-engrossed, s. 420 10Section 420. 118.125 (1) (a) of the statutes is amended to read:
AB130-engrossed,125,1711 118.125 (1) (a) "Behavioral records" means those pupil records which include
12psychological tests, personality evaluations, records of conversations, any written
13statement relating specifically to an individual pupil's behavior, tests relating
14specifically to achievement or measurement of ability, the pupil's physical health
15records other than his or her immunization records or any lead screening records
16required under s. 254.162, peace officers' records obtained under s. 48.396 938.396
17(1m) and any other pupil records that are not progress records.
AB130-engrossed, s. 421 18Section 421. 118.125 (2) (cg) of the statutes is created to read:
AB130-engrossed,125,2119 118.125 (2) (cg) A law enforcement agency shall, upon request, be provided by
20the school district clerk with a copy of the attendance record of a pupil who is the
21subject of an investigation by the law enforcement agency.
AB130-engrossed, s. 422 22Section 422. 118.125 (2) (cm) of the statutes is amended to read:
AB130-engrossed,126,223 118.125 (2) (cm) If school attendance is a condition of a child's dispositional
24order under s. 48.355 (2) (b) 7. or 938.355 (2) (b) 7., the school board shall notify the

1county department that is responsible for supervising the child within 5 days after
2any violation of the condition by the child.
AB130-engrossed, s. 423 3Section 423. 118.125 (2) (d) of the statutes is amended to read:
AB130-engrossed,127,24 118.125 (2) (d) Pupil records may shall be made available to persons employed
5by the school district which the pupil attends who are required by the department
6under s. 115.28 (7) to hold a license and other school district officials who have been
7determined by the school board to have legitimate educational or safety interests in
8the pupil records
. Peace officers' records obtained under s. 48.396 (1m) may 938.396
9(1m) (a) shall
be made available under this paragraph only for the purposes of s.
10118.127 (2) and only to those designated personnel involved in employes of the school
11district who have been designated by the school board to receive that information for
12the purpose of providing
alcohol and other drug abuse programs. Peace officers'
13records obtained under s. 938.396 (1m) (b) shall be made available under this
14paragraph for the purposes of s. 118.127 (3) to persons employed by the school district
15which the pupil attends who are required by the department under s. 115.28 (7) to
16hold a license, to other school district officials who have been determined by the
17school board to have legitimate educational or safety interests in those records and
18to those employes of the school district who have been designated by the school board
19to receive that information for the purpose of providing treatment programs. A
20school board member or an employe of a school district may not be held personally
21liable for any damages caused by the nondisclosure of any information specified in
22this paragraph unless the member or employe acted with actual malice in failing to
23disclose the information. A school district may not be held liable for any damages
24caused by the nondisclosure of any information specified in this paragraph unless

1the school district or its agent acted with gross negligence or with reckless, wanton
2or intentional misconduct in failing to disclose the information.
AB130-engrossed, s. 424 3Section 424. 118.125 (2) (j) 3. of the statutes is amended to read:
AB130-engrossed,127,164 118.125 (2) (j) 3. If a school has notified the parent, legal guardian or guardian
5ad litem of the information that it has designated as directory data with respect to
6any pupil, the school has allowed 14 days for the parent, legal guardian or guardian
7ad litem of the pupil to inform the school that such information may not be released
8without the prior consent of the parent, legal guardian or guardian ad litem and the
9parent, legal guardian or guardian ad litem has not so informed the school, the school
10district clerk, upon request, shall provide any representative of a law enforcement
11agency, as defined in s. 165.83 (1) (b), district attorney or corporation counsel, county
12department under s. 46.215, 46.22 or 46.23 or a court of record or municipal court
13with such information relating to any such pupil enrolled in the school district for the
14purpose of enforcing that pupil's school attendance or to respond, investigating
15alleged criminal or delinquent activity by the pupil or responding
to a health or safety
16emergency.
AB130-engrossed, s. 425 17Section 425. 118.125 (2) (L) of the statutes is amended to read:
AB130-engrossed,127,2118 118.125 (2) (L) A school board shall disclose the pupil records of a pupil in
19compliance with a court order under s. 48.34 (12) (b) 938.34 (7d) (b), 938.396 (1m) (c)
20or 938.78 (2) (b) 2.
after making a reasonable effort to notify the pupil's parent or legal
21guardian.
AB130-engrossed, s. 426 22Section 426. 118.125 (3) of the statutes is amended to read:
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