AB150-engrossed,839,421
48.06
(4) State aid. State aid to any county for court services under this section
22shall be at the same net effective rate that each county is reimbursed for county
23administration under s.
49.52 46.495, except as provided in s.
46.26 301.26. Counties
24having a population of less than 500,000 may use funds received under ss.
46.26 and
2549.52 (1) (d) 46.495 (1) (d) and 301.26, including county or federal revenue sharing
1funds allocated to match funds received under s.
49.52 (1) (d) 46.495 (1) (d), for the
2cost of providing court attached intake services in amounts not to exceed 50% of the
3cost of providing court attached intake services or $30,000 per county per calendar
4year, whichever is less.
AB150-engrossed,839,96
48.069
(1) (intro.) The staff of the department
of health and social services, the
7department of corrections, the court, a county department or a licensed child welfare
8agency designated by the court to carry out the objectives and provisions of this
9chapter shall:
AB150-engrossed,839,1311
48.069
(2) Licensed child welfare agencies
and, the department
of health and
12social services and the department of corrections shall provide services under this
13section only upon the approval of the agency from whom services are requested.
AB150-engrossed,839,2316
48.08
(2) Except as provided in sub. (3), any person authorized to provide or
17providing intake or dispositional services for the court under ss. 48.067 and 48.069
18and any department of corrections staff member designated by agreement between
19the department of corrections and the department of health and social services has
20the power of police officers and deputy sheriffs only for the purpose of taking a child
21into physical custody when the child comes voluntarily or is suffering from illness or
22injury or is in immediate danger from his or her surroundings and removal from the
23surroundings is necessary.
AB150-engrossed,840,8
148.08
(3) (a) (intro.) In addition to the law enforcement authority specified in
2sub. (2),
department of health and social services personnel designated by that
3department
, personnel of a nonprofit corporation operating a secured correctional
4facility for girls designated by agreement between that nonprofit corporation and the
5department of health and social services, and department of corrections personnel
6designated by
agreement between the department of health and social services and 7the department of corrections have the power of law enforcement authorities to take
8a child into physical custody under the following conditions:
AB150-engrossed,840,1210
48.12
(1) The court has exclusive jurisdiction, except as provided in ss. 48.17,
1148.18 and 48.183, over any child
who is less than 17 years of age and 12 years of age
12or older
and who is alleged to be delinquent as defined in s. 48.02 (3m).
AB150-engrossed,840,2114
48.12
(2) If a court proceeding has been commenced under this section before
15a child is
18 17 years of age, but the child becomes
18 17 years of age before admitting
16the facts of the petition at the plea hearing or if the child denies the facts, before an
17adjudication, the court retains jurisdiction over the case to dismiss the action with
18prejudice, to waive its jurisdiction under s. 48.18, or to enter into a consent decree.
19If the court finds that the child has failed to fulfill the express terms and conditions
20of the consent decree or the child objects to the continuation of the consent decree,
21the court may waive its jurisdiction.
AB150-engrossed,841,6
148.18
(2r) If it appears that the child may be suitable for participation in the
2serious juvenile offender program under s. 48.538 or the adult intensive sanctions
3program under s. 301.048, the judge shall order the department of corrections to
4submit a written report analyzing the child's suitability for participation in those
5programs and recommending whether the child should be placed in either of those
6programs.
AB150-engrossed,841,139
48.18
(5) (c) The adequacy and suitability of facilities, services and procedures
10available for treatment of the child and protection of the public within the juvenile
11justice system, and, where applicable, the mental health system
and the suitability
12of the child for placement in the youthful offender program under s. 48.537 or the
13adult intensive sanctions program under s. 301.048.
AB150-engrossed,841,2016
48.18
(5) (c) The adequacy and suitability of facilities, services and procedures
17available for treatment of the child and protection of the public within the juvenile
18justice system, and, where applicable, the mental health system and the suitability
19of the child for placement in the serious juvenile offender program under s. 48.538
20or the adult intensive sanctions program under s. 301.048.
AB150-engrossed,842,223
48.19
(1) (d) 6. The child has violated the terms of court-ordered supervision
24or aftercare supervision administered by the department
of health and social
25services or a county department
, or of corrective sanctions supervision administered
1by the department
of health and social services or youthful offender supervision
2administered by the department of corrections.
AB150-engrossed,842,85
48.19
(1) (d) 6. The child has violated the terms of court-ordered supervision
6or aftercare supervision administered by the department of corrections or a county
7department or of corrective sanctions supervision or serious juvenile offender
8supervision administered by the department of corrections.
AB150-engrossed,842,1411
48.20
(2) (cm) If the child has violated the terms of aftercare supervision
12administered by the department
of corrections or a county department, the person
13who took the child into custody may release the child to the department
of corrections 14or county department, whichever has aftercare supervision over the child.
AB150-engrossed,842,2017
48.20
(7) (c) 1m. In the case of a child who has violated the terms of aftercare
18supervision administered by the department
of corrections or a county department,
19to the department
of corrections or county department, whichever has aftercare
20supervision of the child.
AB150-engrossed,843,1623
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
24parent, guardian and legal custodian of the reasons for holding the child in custody
25and of the child's whereabouts unless there is reason to believe that notice would
1present imminent danger to the child. If a child who has violated the terms of
2aftercare supervision administered by the department or a county department is
3held in custody, the intake worker shall also notify the department or county
4department, whichever has supervision over the child, of the reasons for holding the
5child in custody, of the child's whereabouts and of the time and place of the detention
6hearing required under s. 48.21. The parent, guardian and legal custodian shall also
7be notified of the time and place of the detention hearing required under s. 48.21, the
8nature and possible consequences of that hearing,
the right to counsel under s. 48.23
9regardless of ability to pay, and the right to present and cross-examine witnesses at
10the hearing. If the parent, guardian or legal custodian is not immediately available,
11the intake worker or another person designated by the court shall provide notice as
12soon as possible. When the child is alleged to be in need of protection or services and
13is 12 years of age or older, or is alleged to have committed a delinquent act, the child
14shall receive the same notice about the detention hearing as the parent, guardian or
15legal custodian. The intake worker shall notify both the child and the child's parent,
16guardian or legal custodian.
AB150-engrossed,844,1219
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
20parent, guardian and legal custodian of the reasons for holding the child in custody
21and of the child's whereabouts unless there is reason to believe that notice would
22present imminent danger to the child. If a child who has violated the terms of
23aftercare supervision administered by the department of corrections or a county
24department is held in custody, the intake worker shall also notify the department of
25corrections or county department, whichever has supervision over the child, of the
1reasons for holding the child in custody, of the child's whereabouts and of the time
2and place of the detention hearing required under s. 48.21. The parent, guardian and
3legal custodian shall also be notified of the time and place of the detention hearing
4required under s. 48.21, the nature and possible consequences of that hearing, and
5the right to present and cross-examine witnesses at the hearing. If the parent,
6guardian or legal custodian is not immediately available, the intake worker or
7another person designated by the court shall provide notice as soon as possible.
8When the child is alleged to be in need of protection or services and is 12 years of age
9or older, or is alleged to have committed a delinquent act, the child shall receive the
10same notice about the detention hearing as the parent, guardian or legal custodian.
11The intake worker shall notify both the child and the child's parent, guardian or legal
12custodian.
AB150-engrossed,844,1915
48.205
(1) (c) Probable cause exists to believe that the child will run away or
16be taken away so as to be unavailable for proceedings of the court or its officers or
17proceedings of the division of hearings and appeals in the department of
18administration for revocation of aftercare
, or corrective sanctions
or youthful
19offender supervision.
AB150-engrossed,845,222
48.205
(1) (c) Probable cause exists to believe that the child will run away or
23be taken away so as to be unavailable for proceedings of the court or its officers or
24proceedings of the division of hearings and appeals in the department of
1administration for revocation of aftercare, corrective sanctions or serious juvenile
2offender supervision.
AB150-engrossed, s. 2437m
3Section 2437m. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts
4377 and 385, is amended to read:
AB150-engrossed,845,125
48.208
(1) Probable cause exists to believe that the child has committed a
6delinquent act and either presents a substantial risk of physical harm to another
7person or a substantial risk of running away as evidenced by a previous act or
8attempt so as to be unavailable for a court hearing or a revocation hearing for
9children on aftercare
, or corrective sanctions
or youthful offender supervision. For
10children on aftercare
, or corrective sanctions
or youthful offender supervision, the
11delinquent act referred to in this section may be the act for which the child was placed
12in a secured correctional facility.
AB150-engrossed, s. 2437p
13Section 2437p. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts
14377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-engrossed,845,2215
48.208
(1) Probable cause exists to believe that the child has committed a
16delinquent act and either presents a substantial risk of physical harm to another
17person or a substantial risk of running away as evidenced by a previous act or
18attempt so as to be unavailable for a court hearing or a revocation hearing for
19children on aftercare, corrective sanctions or serious juvenile offender supervision.
20For children on aftercare, corrective sanctions or serious juvenile offender
21supervision, the delinquent act referred to in this section may be the act for which
22the child was placed in a secured correctional facility.
AB150-engrossed,846,424
48.21
(3) (d) Prior to the commencement of the hearing, the parent, guardian
25or legal custodian shall be informed by the court of the allegations that have been
1made or may be made, the nature and possible consequences of this hearing as
2compared to possible future hearings,
the right to counsel under s. 48.23 regardless
3of ability to pay, the right to confront and cross-examine witnesses and the right to
4present witnesses.
AB150-engrossed,846,127
48.22
(7) (a) No person may establish a shelter care facility without first
8obtaining a license under s. 48.66 (1).
To obtain a license under s. 48.66 (1) to operate
9a shelter care facility, a person must meet the minimum requirements for a license
10established by the department under s. 48.67 and pay the license fee under par. (b).
11A license issued under s. 48.66 (1) to operate a shelter care facility is valid for 2 years
12after the date of issuance, unless sooner revoked or suspended.
AB150-engrossed,846,2114
48.22
(7) (b) Before the department may issue a license under s. 48.66 (1) to
15operate a shelter care facility, the shelter care facility must pay to the department
16a biennial fee of $50, plus a biennial fee of $15 per child, based on the number of
17children that the shelter care facility is licensed to serve. A shelter care facility that
18wishes to renew a license issued under s. 48.66 (1) shall pay the fee under this
19paragraph by the renewal date of the license. A new shelter care facility shall pay
20the fee under this paragraph by no later than 30 days before the opening of the
21shelter care facility.
AB150-engrossed,847,223
48.22
(7) (c) A shelter care facility that wishes to renew a license issued under
24s. 48.66 (1) and that fails to pay the fee under par. (b) by the renewal date of the
25license or a new shelter care facility that fails to pay the fee under par. (b) by 30 days
1before the opening of the shelter care facility shall pay an additional fee of $5 per day
2for every day after the deadline that the facility fails to pay the fee.
AB150-engrossed, s. 2442m
3Section 2442m. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
4377, 385 and 491, is amended to read:
AB150-engrossed,847,115
48.23
(1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure
6detention facility shall be represented by counsel at all stages of the proceedings, but
7a child 15 years of age or older may waive counsel if the court is satisfied that the
8waiver is knowingly and voluntarily made and the court accepts the waiver. If the
9waiver is accepted, the court may not place the child in a secured correctional facility
,
10transfer legal custody of the child to the department of corrections for participation
11in the youthful offender program or transfer jurisdiction over the child to adult court.
AB150-engrossed, s. 2442p
12Section 2442p. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
13377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
14read:
AB150-engrossed,847,2215
48.23
(1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure
16detention facility shall be represented by counsel at all stages of the proceedings, but
17a child 15 years of age or older may waive counsel if the court is satisfied that the
18waiver is knowingly and voluntarily made and the court accepts the waiver. If the
19waiver is accepted, the court may not place the child in a secured correctional facility,
20transfer supervision of the child to the department of corrections for participation in
21the serious juvenile offender program or transfer jurisdiction over the child to adult
22court.
AB150-engrossed,848,10
148.23
(2) Right of parents to counsel. Whenever a child is
alleged to be in need
2of protection or services under s. 48.13, or is the subject of a proceeding involving a
3contested adoption or the involuntary termination of parental rights, any parent
4under 18 years of age who appears before the court shall be represented by counsel;
5but no such parent may waive counsel. A minor parent petitioning for the voluntary
6termination of parental rights shall be represented by a guardian ad litem. If a
7proceeding involves a contested adoption or the involuntary termination of parental
8rights, any parent 18 years old or older who appears before the court shall be
9represented by counsel; but the parent may waive counsel provided the court is
10satisfied such waiver is knowingly and voluntarily made.
AB150-engrossed,848,1713
48.23
(3) Power of the court to appoint counsel. At Except in proceedings
14under s. 48.13, at any time, upon request or on its own motion, the court may appoint
15counsel for the child or any party, unless the child or the party has or wishes to retain
16counsel of his or her own choosing.
The court may not appoint counsel for any party
17other than the child in a proceeding under s. 48.13.
AB150-engrossed,849,719
48.235
(8) Compensation. On order of the court, the guardian ad litem
20appointed under this chapter shall be allowed reasonable compensation to be paid
21by the county of venue, except that compensation shall be paid by the proposed
22adoptive parents in uncontested termination proceedings and uncontested adoption
23cases under ss. 48.835 and 48.837 and by the agency in uncontested termination
24proceedings and uncontested adoptions under s. 48.833. If the proposed adoptive
25parents are unable to pay, the court may direct that the county of venue pay the
1compensation, in whole or in part, and may direct that the proposed adoptive parents
2reimburse the county, in whole or in part, for the payment. If the court orders a
3county to pay the compensation of the guardian ad litem, the amount ordered may
4not exceed the compensation paid to private attorneys under s. 977.08 (4m)
(b). At
5any time before the final order for adoption, the court may order that payments be
6placed in an escrow account in an amount estimated to be sufficient to pay the
7compensation of the guardian ad litem.
AB150-engrossed,849,109
48.243
(1) (b) The nature and possible consequences of the proceedings
10including the provisions of ss. 48.17
, and 48.18
and 48.366 if applicable;
AB150-engrossed,849,1212
48.243
(1) (e) The right
of the child to counsel under s. 48.23;
AB150-engrossed,849,1914
48.255
(1) (intro.) A petition initiating proceedings under this chapter
, other
15than a petition initiating proceedings under s. 48.12 or 48.13 (12), shall be entitled,
16"In the interest of (child's name), a person under the age of 18"
, and. A petition
17initiating proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest
18of (child's name), a person under the age of 17". A petition initiating proceedings
19under this chapter shall set forth with specificity:
AB150-engrossed,849,2221
48.27
(4) (b) Advise the child
and any other party, if applicable, of his or her
22right to legal counsel regardless of ability to pay.
AB150-engrossed,850,824
48.275
(2) (a) If this state or a county provides legal counsel to a child subject
25to a proceeding under s. 48.12 or 48.13, the court shall order the child's parent
to
1provide a statement of income, assets and living expenses to the county department
2and shall order that parent to reimburse the state or county in accordance with par.
3(b) or (c). The court may not order reimbursement if a parent is the complaining or
4petitioning party or if the court finds that the interests of the parent and the interests
5of the child in the proceeding are substantially and directly adverse and that
6reimbursement would be unfair to the parent. The court may not order
7reimbursement until the completion of the proceeding or until the state or county is
8no longer providing the child with legal counsel in the proceeding.
AB150-engrossed,850,1810
48.275
(2) (b) If this state provides the child with legal counsel and the court
11orders reimbursement under par. (a), the
county department shall child's parent may
12request the state public defender to determine whether the parent is indigent as
13provided under s. 977.07 and
shall to determine the amount of reimbursement. If
14the parent is found not to be indigent, the amount of reimbursement shall be the
15maximum amount established by the public defender board. If the parent is found
16to be indigent in part, the amount of reimbursement shall be the amount of partial
17payment determined in accordance with the rules of the public defender board under
18s. 977.02 (3).
AB150-engrossed,851,220
48.275
(2) (d) Reimbursement payments shall be made to the clerk of courts
21of the county where the proceedings took place. Each payment shall be transmitted
22to the county treasurer, who shall deposit
50% 25% of the amount paid for
23state-provided counsel in the county treasury and transmit the remainder to the
24state treasurer
for deposit. Payments transmitted to the state treasurer shall be
25deposited in the general fund
and credited to the appropriation account under s.
120.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for
2county-provided counsel in the county treasury.
AB150-engrossed,851,184
48.30
(6) If a petition is not contested, the court shall set a date for the
5dispositional hearing which allows reasonable time for the parties to prepare but is
6no more than 10 days from the plea hearing for the child who is held in secure custody
7and no more than 30 days from the plea hearing for a child who is not held in secure
8custody. If it appears to the court that disposition of the case may include placement
9of the child outside the child's home, the court shall order the child's parent to provide
10a statement of income, assets, debts and living expenses to the court or the
11designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
12dispositional hearing or as otherwise ordered by the court. The clerk of court shall
13provide, without charge, to any parent ordered to provide a statement of income,
14assets, debts and living expenses a document setting forth the percentage standard
15established by the department
of revenue under s.
46.25 73.25 (9) and listing the
16factors that a court may consider under s. 46.10 (14) (c). If all parties consent the
17court may proceed immediately with the dispositional hearing. If a citation is not
18contested, the court may proceed immediately to enter a dispositional order.
AB150-engrossed,852,820
48.31
(7) At the close of the fact-finding hearing, the court shall set a date for
21the dispositional hearing which allows a reasonable time for the parties to prepare
22but is no more than 10 days from the fact-finding hearing for a child in secure custody
23and no more than 30 days from the fact-finding hearing for a child not held in secure
24custody. If it appears to the court that disposition of the case may include placement
25of the child outside the child's home, the court shall order the child's parent to provide
1a statement of income, assets, debts and living expenses to the court or the
2designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
3dispositional hearing or as otherwise ordered by the court. The clerk of court shall
4provide, without charge, to any parent ordered to provide a statement of income,
5assets, debts and living expenses a document setting forth the percentage standard
6established by the department
of revenue under s.
46.25 73.25 (9) and listing the
7factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the
8court may immediately proceed with a dispositional hearing.
AB150-engrossed,852,1310
48.33
(1) Report required. (intro.) Before the disposition of a child adjudged
11to be delinquent or in need of protection or services the court shall designate an
12agency
, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the
13following:
AB150-engrossed,852,2517
48.33
(3r) Serious juvenile offender report. If a child 14 years of age or over
18has been adjudicated delinquent for committing a violation specified in s. 48.34 (4h)
19(a), the report shall be submitted in writing by the department of corrections and, in
20addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable,
21shall include an analysis of the child's suitability for placement in the serious
22juvenile offender program under s. 48.34 (4h) or in a secured correctional facility
23under s. 48.34 (4m), a placement specified in s. 48.34 (3) or placement in the child's
24home with supervision and community-based programming and a recommendation
25as to the type of placement for which the child is best suited.
AB150-engrossed,853,73
48.34
(2) Place the child under supervision of an agency, the department
of
4corrections, if the department
of corrections approves, or a suitable adult, including
5a friend of the child, under conditions prescribed by the judge including reasonable
6rules for the child's conduct, designed for the physical, mental and moral well-being
7and behavior of the child.
AB150-engrossed,853,1510
48.34
(2m) Place the child in his or her home under the supervision of an
11agency
, as defined under s. 48.38 (1) (a) or the department of health and social
12services, if that department approves, and order the agency
or department to provide
13specified services to the child and the child's family, which may include but are not
14limited to individual or group counseling, homemaker or parent aide services, respite
15care, housing assistance, day care or parent skills training.
AB150-engrossed,853,2518
48.34
(2m) Place the child in the child's home under the supervision of an
19agency, the department of health and social services, if the child is in need of
20protection or services and that department approves, or the department of
21corrections, if the child is delinquent and that department approves, and order the
22agency or department to provide specified services to the child and the child's family,
23which may include but are not limited to individual, family or group counseling,
24homemaker or parent aide services, respite care, housing assistance, day care or
25parent skills training.