AB130: Bill Text

AB130,78,17 48.31 (1) In this section, "fact-finding hearing" means a hearing to determine if the allegations of a petition under s. 48.12 or 48.13 (12) are supported beyond a reasonable doubt or a hearing to determine if the allegations in a petition or citation under s. 48.125 or 48.13 (1) to (11) or a petition to terminate parental rights are proved by clear and convincing evidence.

AB130, s. 223 Section 223. 48.31 (2) of the statutes is amended to read:

AB130,79,5 48.31 (2) The hearing shall be to the court unless the child, parent, guardian or legal custodian exercises the right to a jury trial by demanding a jury trial at any time before or during the plea hearing. Chapters 756 and 805 shall govern the selection of jurors except that ss. 972.03 and 972.04 shall apply in cases in which the juvenile is alleged to be delinquent under s. 48.12. If the hearing involves a child victim or witness, as defined in s. 950.02, the court may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or jury shall make a determination of the facts. If the court finds that the child is not within the jurisdiction of the court or the court or jury finds that the facts alleged in the petition or citation have not been proved, the court shall dismiss the petition or citation with prejudice.

AB130, s. 224 Section 224. 48.31 (4) of the statutes is amended to read:

AB130,79,25 48.31 (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13 (1) to (11m). In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court shall not find that the child is suffering serious emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection and services under s. 48.13 (11m), the court shall not find that the child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages or controlled substances and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility. In cases alleging a child delinquent or in need of protection or services under s. 48.13 (12) the court shall make findings relating to the proof of the violation of law and to the proof that the child named in the petition committed the violation alleged.

AB130, s. 225 Section 225. 48.32 (1) of the statutes is amended to read:

AB130,80,13 48.32 (1) At any time after the filing of a petition for a proceeding relating to s. 48.12 or 48.13 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the child under supervision in the child's own home or present placement. The court may establish terms and conditions applicable to the parent, guardian or legal custodian, and to the child, including any conditions specified in subs. (1d), (1g) and (1t). The order under this section shall be known as a consent decree and must be agreed to by the child if 12 years of age or older; the parent, guardian or legal custodian; and the person filing the petition under s. 48.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 48.361. The consent decree shall be reduced to writing and given to the parties.

AB130, s. 226 Section 226. 48.32 (1d) of the statutes is repealed.

AB130, s. 227 Section 227. 48.32 (1g) of the statutes is repealed.

AB130, s. 228 Section 228. 48.32 (1r) of the statutes is repealed.

AB130, s. 229 Section 229. 48.32 (1t) of the statutes is repealed.

AB130, s. 230 Section 230. 48.32 (2) (a) of the statutes is amended to read:

AB130,80,21 48.32 (2) (a) Except as provided in par. (b), a A consent decree shall remain in effect up to 6 months unless the child, parent, guardian or legal custodian is discharged sooner by the judge or juvenile court commissioner.

AB130, s. 231 Section 231. 48.32 (2) (b) of the statutes is repealed.

AB130, s. 232 Section 232. 48.32 (4) of the statutes is repealed.

AB130, s. 233 Section 233. 48.32 (5) (a) of the statutes is amended to read:

AB130,81,4 48.32 (5) (a) The court refuses to enter into a consent decree and the allegations in the petition remain to be decided in a hearing where the child denies the allegations of delinquency or one of the parties denies the allegations forming the basis for a child in need of protection or services petition; or

AB130, s. 234 Section 234. 48.32 (5) (b) of the statutes is amended to read:

AB130,81,7 48.32 (5) (b) A consent decree is granted but the petition under s. 48.12 or 48.13 is subsequently reinstated.

AB130, s. 235 Section 235. 48.33 (1) (intro.) of the statutes is amended to read:

AB130,81,11 48.33 (1) Report required. (intro.) Before the disposition of a child adjudged to be delinquent or in need of protection or services the court shall designate an agency to submit a report which shall contain all of the following:

AB130, s. 236 Section 236. 48.33 (3) of the statutes, as affected by 1993 Wisconsin Acts 385 and 481, is repealed.

AB130, s. 237 Section 237. 48.33 (3m) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB130, s. 238 Section 238. 48.33 (4m) (intro.) of the statutes is amended to read:

AB130,81,21 48.33 (4m) Support recommendations; information to parents. (intro.) In making a recommendation for an amount of child support under sub. (3) or (4), the agency shall consider the factors that the court considers under s. 46.10 (14) (c) for deviation from the percentage standard. Prior to the dispositional hearing under s. 48.335, the agency shall provide the child's parent with all of the following:

AB130, s. 239 Section 239. 48.331 of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

AB130, s. 240 Section 240. 48.335 (1) of the statutes is amended to read:

AB130,82,5 48.335 (1) The court shall conduct a hearing to determine the disposition of a case in which a child is adjudged to be delinquent under s. 48.12, to have violated a civil law or ordinance under s. 48.125 or to be in need of protection or services under s. 48.13, except the court shall proceed as provided by s. 48.237 (2) if a citation is issued and the child fails to contest the citation.

AB130, s. 241 Section 241. 48.335 (3m) of the statutes is repealed.

AB130, s. 242 Section 242. 48.34 (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB130, s. 243 Section 243. 48.34 (1) of the statutes is renumbered 48.345 (1).

AB130, s. 244 Section 244. 48.34 (2) of the statutes, as affected by 1993 Wisconsin Act 377, is renumbered 48.345 (2).

AB130, s. 245 Section 245. 48.34 (2m) of the statutes, as affected by 1993 Wisconsin Act 377, is renumbered 48.345 (2m).

AB130, s. 246 Section 246. 48.34 (2r) of the statutes is repealed.

AB130, s. 247 Section 247. 48.34 (3) of the statutes is renumbered 48.345 (3).

AB130, s. 248 Section 248. 48.34 (3g) of the statutes is repealed.

AB130, s. 249 Section 249. 48.34 (4) of the statutes is renumbered 48.345 (4).

AB130, s. 250 Section 250. 48.34 (4g) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB130, s. 251 Section 251. 48.34 (4m) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB130, s. 252 Section 252. 48.34 (4n) of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130, s. 253 Section 253. 48.34 (4p) of the statutes is repealed.

AB130, s. 254 Section 254. 48.34 (4r) of the statutes is repealed.

AB130, s. 255 Section 255. 48.34 (4s) of the statutes is repealed.

AB130, s. 256 Section 256. 48.34 (5) of the statutes is repealed.

AB130, s. 257 Section 257. 48.34 (6) of the statutes is renumbered 48.345 (6).

AB130, s. 258 Section 258. 48.34 (6m) of the statutes, as affected by 1993 Wisconsin Act 377, is renumbered 48.345 (6m).

AB130, s. 259 Section 259. 48.34 (7) of the statutes is repealed.

AB130, s. 260 Section 260. 48.34 (7m) of the statutes is repealed.

AB130, s. 261 Section 261. 48.34 (8) of the statutes is repealed.

AB130, s. 262 Section 262. 48.34 (9) of the statutes is repealed.

AB130, s. 263 Section 263. 48.34 (10) of the statutes is renumbered 48.345 (10).

AB130, s. 264 Section 264. 48.34 (11) of the statutes is renumbered 48.345 (11).

AB130, s. 265 Section 265. 48.34 (12) of the statutes is renumbered 48.345 (12).

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

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

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

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

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

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

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

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

AB130,84,5 48.345 Disposition of child adjudged in need of protection or services. (intro.) If the judge finds that the child is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in s. 48.34 this section under a care and treatment plan, except that the order may not do any of the following: (e) Place place any child not specifically found under chs. 46, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have exceptional educational needs in facilities which exclusively treat those categories of children. The dispositions under this section are as follows:

AB130, s. 274 Section 274. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin Act 491, is repealed.

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

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

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

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

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

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

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

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

AB130,84,17 48.35 (1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction under this chapter and ch. 938; or

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

AB130, s. 284 Section 284. 48.35 (1) (c) of the statutes is repealed.

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

AB130,85,8 48.355 (1) Intent. In any order under s. 48.34 or 48.345 the judge shall decide on a placement and treatment finding based on evidence submitted to the judge. The disposition shall employ those means necessary to maintain and protect the child's well-being which are the least restrictive of the rights of the parent or child and which assure the care, treatment or rehabilitation of the child and the family, consistent with the protection of the public. Wherever possible, and, in cases of child abuse and neglect, when it is consistent with the child's best interest in terms of physical safety and physical health the family unit shall be preserved and there shall be a policy of transferring custody from the parent only where there is no less drastic alternative. If information under s. 48.331 has been provided in a court report under s. 48.33 (1), the court shall consider that information when deciding on a placement and treatment finding.

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

AB130,85,12 48.355 (2) (b) 5. For a child placed outside his or her home pursuant to an order under s. 48.34 (3) or 48.345, a permanency plan under s. 48.38 if one has been prepared.

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

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

AB130,86,2 48.355 (4) Termination of orders. Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child whose legal custody has been transferred to the department of corrections under s. 48.34 (4g) or who is under the supervision of the department of health and social services under s. 48.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

AB130, s. 289 Section 289. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

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

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

AB130,86,11 48.355 (7) Orders applicable to parents, guardians, legal custodians and other adults. In addition to any dispositional order entered under s. 48.34 or 48.345, the court may enter an order applicable to a child's parent, guardian or legal custodian or to another adult, as provided under s. 48.45.

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

AB130,86,21 48.357 (2) If emergency conditions necessitate an immediate change in the placement of a child placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1). In emergency situations, the child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 48.34 48.345 (3).

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

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