AB130: Bill Text

AB130, s. 77 Section 77. 48.02 (10) of the statutes is amended to read:

AB130,49,2 48.02 (10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and ch. 938.

AB130, s. 78 Section 78. 48.02 (15m) of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

AB130, s. 79 Section 79. 48.023 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130,49,10 48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department under s. 48.34 938.183 (2) or 938.34 (4m) or (4n) or the supervision of a county department under s. 48.34 938.34 (4n).

AB130, s. 80 Section 80. 48.03 (2) of the statutes is amended to read:

AB130,49,16 48.03 (2) In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and ch. 938, another judge shall be assigned under s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses as provided under s. 753.073.

AB130, s. 81 Section 81. 48.035 of the statutes is amended to read:

AB130,50,8 48.035 Court; Menominee and Shawano counties. Menominee county is attached to Shawano county for judicial purposes to the extent of the jurisdiction and functions of the court assigned to exercise jurisdiction under this chapter and ch. 938 and the office and functions of the judge of the court, and the duly designated judge of the court assigned to exercise jurisdiction under this chapter and ch. 938 of the circuit court for Menominee and Shawano counties shall serve in both counties. The county boards of Menominee county and Shawano county shall enter into an agreement on administration of this section and the prorating of expenditures involved, and for such purposes the county board of supervisors of Menominee county may appropriate, levy and collect a sum each year sufficient to pay its share of the expenses. If the 2 county boards are unable to agree on the prorating of expenditure involved, then the circuit judges for the circuit court for Menominee and Shawano counties shall, upon appropriate notice and hearing, determine the prorating of the expenditures on the basis of a fair allocation to each county under such procedure as they prescribe. If the circuit judges are unable to agree, the chief judge of the judicial administrative district shall make the determination.

AB130, s. 82 Section 82. 48.06 (1) (a) 1. of the statutes is amended to read:

AB130,50,24 48.06 (1) (a) 1. In counties with a population of 500,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases under this chapter and ch. 938 by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The director is the chief administrative officer of the center and of the intake and probation sections and secure detention facilities of the center except as otherwise provided in this subsection. The director is charged with administration of the personnel and services of the sections and of the secure detention facilities, and is responsible for supervising both the operation of the physical plant and the maintenance and improvement of the buildings and grounds of the center. The center shall include investigative services for all children alleged to be in need of protection or services to be provided by the county department, and the services of an assistant district attorney or assistant corporation counsel or both, who shall be assigned to the center to provide investigative as well as legal work in the cases.

AB130, s. 83 Section 83. 48.06 (1) (a) 3. of the statutes is amended to read:

AB130,51,22 48.06 (1) (a) 3. The county board of supervisors shall develop policies and establish necessary rules for the management and administration of the nonjudicial operations of the children's court center. The director of the center shall report and is responsible to the director of the county department for the execution of all nonjudicial operational policies and rules governing the center, including activities of probation officers whenever they are not performing services for the court. The director of the center is also responsible for the preparation and submission to the county board of supervisors of the annual budget for the center except for the judicial functions or responsibilities which are delegated by law to the judge or judges and clerk of circuit court. The county board of supervisors shall make provision in the organization of the office of director for the devolution of the director's authority in the case of temporary absence, illness, disability to act or a vacancy in position and shall establish the general qualifications for the position. The county board of supervisors also has the authority to investigate, arbitrate and resolve any conflict in the administration of the center as between judicial and nonjudicial operational policy and rules. The county board of supervisors does not have authority and may not assert jurisdiction over the disposition of any case or child after a written order is made under s. 48.21 or 938.21 or if a petition is filed under s. 48.25 or 938.25. All personnel of the intake and probation sections and of the secure detention facilities shall be appointed under civil service by the director except that existing court service personnel having permanent civil service status may be reassigned to any of the respective sections within the center specified in this paragraph.

AB130, s. 84 Section 84. 48.06 (2) (a) of the statutes is amended to read:

AB130,52,12 48.06 (2) (a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by s. ss. 48.067 and 938.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 48.069 and ch. 938 under s. 938.069. Intake services shall be provided by employes of the court or county department and may not be subcontracted to other individuals or agencies, except any county which had intake services subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract intake services from the county sheriff's department as provided in par. (am). Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into an informal disposition or deferred prosecution agreement, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

AB130, s. 85 Section 85. 48.06 (2) (am) of the statutes is created to read:

AB130,52,16 48.06 (2) (am) 1. Notwithstanding par. (a), any county which had intake services subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract intake services from the county sheriff's department.

AB130,52,24 2. Notwithstanding par. (a), any county in which the county sheriff's department operates a secure detention facility may subcontract intake services from the county sheriff's department. If a county subcontracts intake services from the county sheriff's department, employes of the county sheriff's department who staff the secure detention facility may provide intake services between the hours of 6 p.m. and 6 a.m. and any intake determination made by an employe of the county sheriff's department shall be reviewed by an intake worker employed by the court or county department within 24 hours after that determination is made.

AB130, s. 86 Section 86. 48.06 (3) of the statutes is amended to read:

AB130,53,4 48.06 (3) Intake services. The court or county department responsible for providing intake services under s. ss. 48.067 and 938.067 shall specify one or more persons to provide intake services. If there is more than one such worker, one of the workers shall be designated as chief worker and shall supervise other workers.

AB130, s. 87 Section 87. 48.065 (2) (g) of the statutes is repealed.

AB130, s. 88 Section 88. 48.065 (2) (gm) of the statutes is amended to read:

AB130,53,7 48.065 (2) (gm) Conduct uncontested proceedings under ss. 48.12 and s. 48.13.

AB130, s. 89 Section 89. 48.065 (3) (a) of the statutes is repealed.

AB130, s. 90 Section 90. 48.065 (3) (b) of the statutes is amended to read:

AB130,53,11 48.065 (3) (b) Conduct fact-finding or dispositional hearings except petitions or citations under s. 48.125 and except as provided in sub. (2) (gm).

AB130, s. 91 Section 91. 48.065 (3) (c) of the statutes is amended to read:

AB130,53,14 48.065 (3) (c) Make dispositions other than approving consent decrees and other than dispositions in uncontested proceedings under ss. 48.12 and s. 48.13.

AB130, s. 92 Section 92. 48.065 (3) (e) of the statutes is amended to read:

AB130,53,18 48.065 (3) (e) Make changes in placements of children, or revisions or extensions of dispositional orders, except pursuant to petitions or citations under s. 48.125 and except in uncontested proceedings under ss. 48.12 and s. 48.13.

AB130, s. 93 Section 93. 48.065 (3) (f) of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

AB130, s. 94 Section 94. 48.069 (1) (dj) of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130, s. 95 Section 95. 48.07 (4) of the statutes is amended to read:

AB130,54,4 48.07 (4) County departments that provide developmental disabilities, mental health or alcohol and other drug abuse services. Within the limits of available state and federal funds and of county funds appropriated to match state funds, the court may order county departments established under s. 51.42 or 51.437 to provide special treatment or care to a child if special treatment or care has been ordered under s. 48.34 48.345 (6) and if s. 48.362 (4) applies.

AB130, s. 96 Section 96. 48.08 (2) of the statutes is amended to read:

AB130,54,13 48.08 (2) Except as provided in sub. (3), any Any person authorized to provide or providing intake or dispositional services for the court under ss. 48.067 and 48.069 and any department of corrections staff member designated by agreement between the department of corrections and the department of health and social services has the power of police officers and deputy sheriffs only for the purpose of taking a child into physical custody when the child comes voluntarily or is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.

AB130, s. 97 Section 97. 48.08 (3) of the statutes is repealed.

AB130, s. 98 Section 98. 48.09 (1) of the statutes is repealed.

AB130, s. 99 Section 99. 48.09 (2) of the statutes is repealed.

AB130, s. 100 Section 100. 48.09 (3) of the statutes is repealed.

AB130, s. 101 Section 101. 48.09 (4) of the statutes is repealed.

AB130, s. 102 Section 102. 48.10 of the statutes is amended to read:

AB130,54,24 48.10 Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but if a recommendation to file a petition is made, a citation is issued or an informal disposition is entered into, the judge shall be disqualified from participating further in the proceedings.

AB130, s. 103 Section 103. 48.12 of the statutes is repealed.

AB130, s. 104 Section 104. 48.125 of the statutes is repealed.

AB130, s. 105 Section 105. 48.13 (4) of the statutes is amended to read:

AB130,55,5 48.13 (4) Whose parent or guardian signs the petition requesting jurisdiction and states that he or she is unable to care for, control or provide necessary special treatment or care for the child;

AB130, s. 106 Section 106. 48.13 (6) of the statutes is repealed.

AB130, s. 107 Section 107. 48.13 (6m) of the statutes is repealed.

AB130, s. 108 Section 108. 48.13 (7) of the statutes is repealed.

AB130, s. 109 Section 109. 48.13 (12) of the statutes is repealed.

AB130, s. 110 Section 110. 48.13 (14) of the statutes is repealed.

AB130, s. 111 Section 111. 48.135 (1) of the statutes is amended to read:

AB130,55,15 48.135 (1) If a child alleged to be delinquent or in need of protection or services is before the court and it appears that the child is developmentally disabled, mentally ill or drug dependent or suffers from alcoholism, the court may proceed under ch. 51 or 55.

AB130, s. 112 Section 112. 48.14 (4) of the statutes is amended to read:

AB130,55,18 48.14 (4) Proceedings under the interstate compact on juveniles under s. 48.991 938.991.

AB130, s. 113 Section 113. 48.15 of the statutes is amended to read:

AB130,56,2 48.15 Jurisdiction of other courts to determine legal custody. Nothing contained in ss. 48.12, 48.13 and 48.14 deprives other courts of the right to determine the legal custody of children by habeas corpus or to determine the legal custody or guardianship of children if the legal custody or guardianship is incidental to the determination of causes pending in the other courts. But the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 938 is paramount in all cases involving children alleged to come within the provisions of ss. 48.12, 48.13 and 48.14.

AB130, s. 114 Section 114. 48.17 of the statutes is repealed.

AB130, s. 115 Section 115. 48.18 of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

AB130, s. 116 Section 116. 48.183 of the statutes is repealed.

AB130, s. 117 Section 117. 48.185 (1) of the statutes is amended to read:

AB130,56,16 48.185 (1) Subject to sub. (3), venue Venue for any proceeding under ss. 48.12, 48.125, 48.13, 48.135, and 48.14 (1) to (9) and 48.18 may be in any of the following: the county where the child resides, the county where the child is present or, in the case of a violation of a state law or a county, town or municipal ordinance, the county where the violation occurred. Venue for proceedings brought under subch. VIII is as provided in this subsection except where the child has been placed and is living outside the home of the child's parent pursuant to a dispositional order, in which case venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as provided in s. 801.50 (5s).

AB130, s. 118 Section 118. 48.185 (3) of the statutes is repealed.

AB130, s. 119 Section 119. 48.19 (1) (d) 3. of the statutes is repealed.

AB130, s. 120 Section 120. 48.19 (1) (d) 6. of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

AB130, s. 121 Section 121. 48.19 (1) (d) 8. of the statutes is repealed.

AB130, s. 122 Section 122. 48.19 (1) (d) 9. of the statutes is repealed.

AB130, s. 123 Section 123. 48.19 (1) (d) 10. of the statutes is repealed.

AB130, s. 124 Section 124. 48.19 (1m) of the statutes is repealed.

AB130, s. 125 Section 125. 48.20 (2) (ag) of the statutes is amended to read:

AB130,57,3 48.20 (2) (ag) Except as provided in pars. (b) to (g) (d), a person taking a child into custody shall make every effort to release the child immediately to the child's parent, guardian or legal custodian.

AB130, s. 126 Section 126. 48.20 (2) (cm) of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130, s. 127 Section 127. 48.20 (2) (e) of the statutes is repealed.

AB130, s. 128 Section 128. 48.20 (2) (f) of the statutes is repealed.

AB130, s. 129 Section 129. 48.20 (2) (g) of the statutes is repealed.

AB130, s. 130 Section 130. 48.20 (3) of the statutes is amended to read:

AB130,57,20 48.20 (3) If the child is released under sub. (2) (b) to (d) or (g), the person who took the child into custody shall immediately notify the child's parent, guardian and legal custodian of the time and circumstances of the release and the person, if any, to whom the child was released. If the child is not released under sub. (2), the person who took the child into custody shall arrange in a manner determined by the court and law enforcement agencies for the child to be interviewed by the intake worker under s. 48.067 (2), and shall make a statement in writing with supporting facts of the reasons why the child was taken into physical custody and shall give any child 12 years of age or older a copy of the statement in addition to giving a copy to the intake worker. When the intake interview is not done in person, the report may be read to the intake worker.

AB130, s. 131 Section 131. 48.20 (7) (a) of the statutes is amended to read:

AB130,58,2 48.20 (7) (a) When a child is interviewed by an intake worker, the intake worker shall inform any child possibly involved in a delinquent act of his or her right to counsel and the right against self-incrimination. If the child who is alleged to be in need of protection or services and who is 12 years of age or older, the intake worker shall inform the child of his or her right to counsel.

AB130, s. 132 Section 132. 48.20 (7) (c) 1m. of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130, s. 133 Section 133. 48.20 (8) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130,58,25 48.20 (8) If a child is held in custody, the intake worker shall notify the child's parent, guardian and legal custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. If a child who has violated the terms of aftercare supervision administered by the department or a county department is held in custody, the intake worker shall also notify the department or county department, whichever has supervision over the child, of the reasons for holding the child in custody, of the child's whereabouts and of the time and place of the detention hearing required under s. 48.21. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 48.21, the nature and possible consequences of that hearing, the right to counsel under s. 48.23 regardless of ability to pay, and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is alleged to be in need of protection or services and is 12 years of age or older, or is alleged to have committed a delinquent act, the child shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the child and the child's parent, guardian or legal custodian.

AB130, s. 134 Section 134. 48.205 (1) (a) of the statutes is amended to read:

AB130,59,4 48.205 (1) (a) Probable cause exists to believe that if the child is not held he or she will commit injury to the person or property of others or cause injury to himself or herself or be subject to injury by others;

AB130, s. 135 Section 135. 48.205 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,59,11 48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers or proceedings of the division of hearings and appeals in the department of administration for revocation of aftercare, corrective sanctions or youthful offender supervision.

AB130, s. 136 Section 136. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is repealed.

AB130, s. 137 Section 137. 48.208 (2) of the statutes is repealed.