AB130, s. 265
12Section
265. 48.34 (12) of the statutes is renumbered 48.345 (12).
AB130, s. 267
15Section
267. 48.34 (14) of the statutes is repealed.
AB130, s. 268
16Section
268. 48.34 (15) of the statutes is repealed.
AB130, s. 273
21Section
273. 48.345 (1) (intro.) and (e) of the statutes are consolidated,
22renumbered 48.345 (intro.) and amended to read:
AB130,84,5
2348.345 Disposition of child adjudged in need of protection or services.
24(intro.) If the judge finds that the child is in need of protection or services, the judge
25shall enter an order deciding one or more of the dispositions of the case as provided
1in
s. 48.34 this section under a care and treatment plan
, except that the order may
2not
do any of the following: (e) Place place any child not specifically found under chs.
346, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have
4exceptional educational needs in facilities which exclusively treat those categories
5of children.
The dispositions under this section are as follows:
AB130, s. 275
8Section
275. 48.345 (1) (b) of the statutes is repealed.
AB130, s. 276
9Section
276. 48.345 (1) (c) of the statutes is repealed.
AB130, s. 277
10Section
277. 48.345 (1) (d) of the statutes is repealed.
AB130, s. 278
11Section
278. 48.345 (1) (f) of the statutes is repealed.
AB130, s. 279
12Section
279. 48.345 (2) of the statutes is repealed.
AB130, s. 281
14Section
281. 48.35 (1) (a) of the statutes is repealed.
AB130, s. 282
15Section
282. 48.35 (1) (b) 2. of the statutes is amended to read:
AB130,84,1716
48.35
(1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction
17under this chapter
and ch. 938; or
AB130, s. 283
18Section
283. 48.35 (1) (b) 4. of the statutes is repealed.
AB130, s. 284
19Section
284. 48.35 (1) (c) of the statutes is repealed.
AB130,85,822
48.355
(1) Intent. In any order under s.
48.34 or 48.345 the judge shall decide
23on a placement and treatment finding based on evidence submitted to the judge. The
24disposition shall employ those means necessary to maintain and protect the child's
25well-being which are the least restrictive of the rights of the parent or child and
1which assure the care, treatment or rehabilitation of the child and the family,
2consistent with the protection of the public. Wherever possible, and, in cases of child
3abuse and neglect, when it is consistent with the child's best interest in terms of
4physical safety and physical health the family unit shall be preserved and there shall
5be a policy of transferring custody from the parent only where there is no less drastic
6alternative.
If information under s. 48.331 has been provided in a court report under
7s. 48.33 (1), the court shall consider that information when deciding on a placement
8and treatment finding.
AB130, s. 286
9Section
286. 48.355 (2) (b) 5. of the statutes is amended to read:
AB130,85,1210
48.355
(2) (b) 5. For a child placed outside his or her home pursuant to an order
11under s.
48.34 (3) or 48.345, a permanency plan under s. 48.38 if one has been
12prepared.
AB130, s. 287
13Section
287. 48.355 (3m) of the statutes is repealed.
AB130, s. 288
14Section
288. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts
15377, 385 and 491, is renumbered 48.355 (4) and amended to read:
AB130,86,216
48.355
(4) Termination of orders. Except as provided under
par. (b) or s.
1748.368, all orders under this section shall terminate at the end of one year unless the
18judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or
19revisions shall terminate at the end of one year unless the judge specifies a shorter
20period of time.
No extension under s. 48.365 of an original dispositional order may
21be granted for a child whose legal custody has been transferred to the department
22of corrections under s. 48.34 (4g) or who is under the supervision of the department
23of health and social services under s. 48.34 (4m) or (4n) or under the supervision of
24a county department under s. 48.34 (4n) if the child is 18 years of age or older when
25the original dispositional order terminates. Any order made before the child reaches
1the age of majority shall be effective for a time up to one year after its entry unless
2the judge specifies a shorter period of time.
AB130, s. 290
5Section
290. 48.355 (6) and (6g) of the statutes are repealed.
AB130,86,118
48.355
(7) Orders applicable to parents, guardians, legal custodians and
9other adults. In addition to any dispositional order entered under s.
48.34 or 48.345,
10the court may enter an order applicable to a child's parent, guardian or legal
11custodian or to another adult, as provided under s. 48.45.
AB130, s. 292
12Section
292. 48.357 (2) of the statutes is amended to read:
AB130,86,2113
48.357
(2) If emergency conditions necessitate an immediate change in the
14placement of a child placed outside the home, the person or agency primarily
15responsible for implementing the dispositional order may remove the child to a new
16placement, whether or not authorized by the existing dispositional order, without the
17prior notice provided in sub. (1). The notice shall, however, be sent within 48 hours
18after the emergency change in placement. Any party receiving notice may demand
19a hearing under sub. (1). In emergency situations, the child may be placed in a
20licensed public or private shelter care facility as a transitional placement for not
21more than 20 days, as well as in any placement authorized under s.
48.34 48.345 (3).
AB130, s. 295
1Section
295. 48.357 (4m) of the statutes is repealed.
AB130, s. 297
4Section
297. 48.36 (1) (a) of the statutes is amended to read:
AB130,87,175
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
6court otherwise designates an alternative placement for the child by a disposition
7made under s.
48.34 or 48.345 or by a change in placement under s. 48.357, the duty
8of the parent or guardian or, in the case of a transfer of guardianship and custody
9under s. 48.839 (4), the duty of the former guardian to provide support shall continue
10even though the legal custodian or the placement designee may provide the support.
11A copy of the order transferring custody or designating alternative placement for the
12child shall be submitted to the agency or person receiving custody or placement and
13the agency or person may apply to the court for an order to compel the parent or
14guardian to provide the support. Support payments for residential services, when
15purchased or otherwise funded or provided by the department, or a county
16department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under
17s. 46.10 (14).
AB130, s. 298
18Section
298. 48.361 (1) (b) of the statutes is amended to read:
AB130,87,2019
48.361
(1) (b) Any special treatment or care that relates to alcohol or other drug
20abuse services ordered by a court under s.
48.34
48.345 (6) (a).
AB130, s. 299
21Section
299. 48.361 (1) (c) of the statutes is amended to read:
AB130,87,2322
48.361
(1) (c) Any alcohol or other drug abuse treatment or education ordered
23by a court under s.
48.32 (1g), 48.34 48.345 (6) (a) or (13)
, 48.343 (10) or 48.344 (2g).
AB130, s. 300
24Section
300. 48.361 (2) (am) 2. of the statutes is amended to read:
AB130,88,3
148.361
(2) (am) 2. If a court in a county that does not have a pilot program under
2s. 48.547 finds that payment is not attainable under par. (a), the court may order
3payment in accordance with s.
48.34 48.345 (6) (a) or 48.36.
AB130, s. 301
4Section
301. 48.362 (2) of the statutes is amended to read:
AB130,88,75
48.362
(2) This section applies to the payment of court-ordered special
6treatment or care under s.
48.34 48.345 (6) (a), whether or not custody has been taken
7from the parent.
AB130, s. 305
13Section
305. 48.37 (1) of the statutes is amended to read:
AB130,88,1614
48.37
(1) A court assigned to exercise jurisdiction under this chapter
and ch.
15938 may not assess costs or assessments against a child under 14 years of age but
16may assess costs against a child 14 years of age or older.
AB130, s. 306
17Section
306. 48.37 (3) of the statutes is repealed.
AB130, s. 307
18Section
307. 48.373 (1) of the statutes is amended to read:
AB130,88,2419
48.373
(1) The court assigned to exercise jurisdiction under this chapter
and
20ch. 938 may authorize medical services including surgical procedures when needed
21if the court assigned to exercise jurisdiction under this chapter
and ch. 938 22determines that reasonable cause exists for the services and that the minor is within
23the jurisdiction of the court assigned to exercise jurisdiction under this chapter
and
24ch. 938 and
, except as provided in s. 48.296 (4), consents.
AB130, s. 308
25Section
308. 48.375 (4) (b) 1g. of the statutes is amended to read:
AB130,89,10
148.375
(4) (b) 1g. The minor provides the person who intends to perform or
2induce the abortion with a written statement, signed and dated by the minor, in
3which the minor swears that the pregnancy is the result of a sexual assault in
4violation of s. 940.225 (1), (2) or (3) in which the minor did not indicate a freely given
5agreement to have sexual intercourse. The person who intends to perform or induce
6the abortion shall place the statement in the minor's medical record and report the
7sexual intercourse as required under s. 48.981 (2) or (2m) (e). Any minor who makes
8a false statement under this subdivision
, which the minor does not believe is true,
9is subject to a proceeding under s.
48.12 or 48.13
938.12 or 938.13 (12), whichever is
10applicable,
based on a violation of s. 946.32 (2).
AB130, s. 309
11Section
309. 48.38 (3) (intro.) and (b) of the statutes are consolidated,
12renumbered 48.38 (3) and amended to read:
AB130,89,1913
48.38
(3) Time. The agency shall file the permanency plan with the court
14within 60 days after the date on which the child was first held in physical custody
15or placed outside of his or her home under a court order, except
under either of the
16following conditions: (b) If that if the child is held for less than 60 days in a secure
17detention facility, juvenile portion of a county jail or a shelter care facility, no
18permanency plan is required if the child is returned to his or her home within that
19period.
AB130, s. 310
20Section
310. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts
21377, 385 and 491, is repealed.
AB130, s. 312
23Section
312. 48.396 (1) of the statutes is amended to read:
AB130,90,1024
48.396
(1) Peace officers' records of children
, other than children 17 years of age
25or over who come within the jurisdiction of the court under s. 938.12, 938.125 or
1938.13, shall be kept separate from records of persons 18 or
older over. Peace officers'
2records of children
, other than children 17 years of age or over who come within the
3jurisdiction of the court under s. 938.12, 938.125 or 938.13, shall not be open to
4inspection or their contents disclosed except under
sub. (1m) or (5) or s. 48.293 or by
5order of the court. This subsection does not apply to the representatives of
6newspapers or other reporters of news who wish to obtain information for the
7purpose of reporting news without revealing the identity of the child involved, to the
8confidential exchange of information between the police and officials of the school
9attended by the child or other law enforcement or social welfare agencies or to
10children
16 15 or
older over who are transferred to the criminal courts.
AB130, s. 313
11Section
313. 48.396 (1m) of the statutes is repealed.
AB130, s. 314
12Section
314. 48.396 (2) (a) of the statutes is amended to read:
AB130,90,1813
48.396
(2) (a) Records of the court assigned to exercise jurisdiction under this
14chapter
and ch. 938 and of courts exercising jurisdiction under s. 48.16
or 48.17 (2) 15shall be entered in books or deposited in files kept for that purpose only. They shall
16not be open to inspection or their contents disclosed except by order of the court
17assigned to exercise jurisdiction under this chapter
and ch. 938 or as permitted under
18this section or s. 48.375 (7) (e).
AB130, s. 315
19Section
315. 48.396 (2) (c) of the statutes is repealed.
AB130, s. 316
20Section
316. 48.396 (2) (d) of the statutes is repealed.
AB130, s. 317
21Section
317. 48.396 (2) (e) of the statutes is repealed.
AB130, s. 318
22Section
318. 48.396 (2m) of the statutes is repealed.
AB130, s. 319
23Section
319. 48.396 (3) of the statutes is repealed.
AB130, s. 320
24Section
320. 48.396 (4) of the statutes is repealed.
AB130, s. 321
25Section
321. 48.396 (5) of the statutes is repealed.
AB130, s. 322
1Section
322. 48.396 (6) of the statutes is repealed.
AB130, s. 323
2Section
323. 48.396 (7) of the statutes is repealed.
AB130, s. 324
3Section
324. 48.396 (8) of the statutes is repealed.
AB130, s. 325
4Section
325. 48.415 (1) (a) 2. of the statutes is amended to read:
AB130,91,85
48.415
(1) (a) 2. The child has been placed, or continued in a placement, outside
6the parent's home by a court order containing the notice required by s. 48.356 (2)
or
7938.356 (2) and the parent has failed to visit or communicate with the child for a
8period of 6 months or longer; or
AB130, s. 326
9Section
326. 48.415 (2) (a) of the statutes is amended to read:
AB130,91,1410
48.415
(2) (a) That the child has been adjudged to be in need of protection or
11services and placed, or continued in a placement, outside his or her home pursuant
12to one or more court orders under s. 48.345, 48.357, 48.363
or, 48.365
, 938.345,
13938.357, 938.363 or 938.365 containing the notice required by s. 48.356 (2)
or 938.356
14(2).
AB130, s. 327
15Section
327. Subchapter IX (title) of chapter 48 [precedes 48.44] of the
16statutes is amended to read:
AB130,91,2018
SUBCHAPTER IX
19
JURISDICTION OVER PERSON
18 17
20OR OLDER
AB130, s. 328
21Section
328. 48.44 (1) of the statutes is renumbered 48.44 and amended to
22read:
AB130,92,2
2348.44 (title)
Jurisdiction over persons
18 17 or older. The court has
24jurisdiction over persons 18 or older as provided under
ss. s. 48.355 (4)
and 48.45 and
25as otherwise specifically provided in this chapter.
The court has jurisdiction over
1persons 17 or older as provided under s. 48.45 and as otherwise specifically provided
2in this chapter.
AB130, s. 329
3Section
329. 48.44 (2) of the statutes is repealed.
AB130, s. 330
4Section
330. 48.45 (title) and (1) of the statutes are amended to read: