AB150: Bill Text Engrossed

AB150-engrossed, s. 2438 Section 2438. 48.22 (7) of the statutes is renumbered 48.22 (7) (a) and amended to read:

AB150-engrossed,846,12 48.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter care facility is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

AB150-engrossed, s. 2439 Section 2439. 48.22 (7) (b) of the statutes is created to read:

AB150-engrossed,846,21 48.22 (7) (b) Before the department may issue a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility must pay to the department a biennial fee of $50, plus a biennial fee of $15 per child, based on the number of children that the shelter care facility is licensed to serve. A shelter care facility that wishes to renew a license issued under s. 48.66 (1) shall pay the fee under this paragraph by the renewal date of the license. A new shelter care facility shall pay the fee under this paragraph by no later than 30 days before the opening of the shelter care facility.

AB150-engrossed, s. 2440 Section 2440. 48.22 (7) (c) of the statutes is created to read:

AB150-engrossed,847,2 48.22 (7) (c) A shelter care facility that wishes to renew a license issued under s. 48.66 (1) and that fails to pay the fee under par. (b) by the renewal date of the license or a new shelter care facility that fails to pay the fee under par. (b) by 30 days before the opening of the shelter care facility shall pay an additional fee of $5 per day for every day after the deadline that the facility fails to pay the fee.

AB150-engrossed, s. 2442m Section 2442m. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB150-engrossed,847,11 48.23 (1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a child 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the child in a secured correctional facility, transfer legal custody of the child to the department of corrections for participation in the youthful offender program or transfer jurisdiction over the child to adult court.

AB150-engrossed, s. 2442p Section 2442p. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,847,22 48.23 (1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a child 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the child in a secured correctional facility, transfer supervision of the child to the department of corrections for participation in the serious juvenile offender program or transfer jurisdiction over the child to adult court.

AB150-engrossed, s. 2442r Section 2442r. 48.23 (2) (a) of the statutes is renumbered 48.23 (2) and amended to read:

AB150-engrossed,848,10 48.23 (2) Right of parents to counsel. Whenever a child is alleged to be in need of protection or services under s. 48.13, or is the subject of a proceeding involving a contested adoption or the involuntary termination of parental rights, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel. A minor parent petitioning for the voluntary termination of parental rights shall be represented by a guardian ad litem. If a proceeding involves a contested adoption or the involuntary termination of parental rights, any parent 18 years old or older who appears before the court shall be represented by counsel; but the parent may waive counsel provided the court is satisfied such waiver is knowingly and voluntarily made.

AB150-engrossed, s. 2442t Section 2442t. 48.23 (2) (b) of the statutes is repealed.

AB150-engrossed, s. 2442v Section 2442v. 48.23 (3) of the statutes is amended to read:

AB150-engrossed,848,17 48.23 (3) Power of the court to appoint counsel. At Except in proceedings under s. 48.13, at any time, upon request or on its own motion, the court may appoint counsel for the child or any party, unless the child or the party has or wishes to retain counsel of his or her own choosing. The court may not appoint counsel for any party other than the child in a proceeding under s. 48.13.

AB150-engrossed, s. 2444m Section 2444m. 48.235 (8) of the statutes is amended to read:

AB150-engrossed,849,7 48.235 (8) Compensation. On order of the court, the guardian ad litem appointed under this chapter shall be allowed reasonable compensation to be paid by the county of venue, except that compensation shall be paid by the proposed adoptive parents in uncontested termination proceedings and uncontested adoption cases under ss. 48.835 and 48.837 and by the agency in uncontested termination proceedings and uncontested adoptions under s. 48.833. If the proposed adoptive parents are unable to pay, the court may direct that the county of venue pay the compensation, in whole or in part, and may direct that the proposed adoptive parents reimburse the county, in whole or in part, for the payment. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b). At any time before the final order for adoption, the court may order that payments be placed in an escrow account in an amount estimated to be sufficient to pay the compensation of the guardian ad litem.

AB150-engrossed, s. 2445 Section 2445. 48.243 (1) (b) of the statutes is amended to read:

AB150-engrossed,849,10 48.243 (1) (b) The nature and possible consequences of the proceedings including the provisions of ss. 48.17, and 48.18 and 48.366 if applicable;

AB150-engrossed, s. 2445g Section 2445g. 48.243 (1) (e) of the statutes is amended to read:

AB150-engrossed,849,12 48.243 (1) (e) The right of the child to counsel under s. 48.23;

AB150-engrossed, s. 2446 Section 2446. 48.255 (1) (intro.) of the statutes is amended to read:

AB150-engrossed,849,19 48.255 (1) (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 48.12 or 48.13 (12), shall be entitled, "In the interest of (child's name), a person under the age of 18", and. A petition initiating proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest of (child's name), a person under the age of 17". A petition initiating proceedings under this chapter shall set forth with specificity:

AB150-engrossed, s. 2448b Section 2448b. 48.27 (4) (b) of the statutes is amended to read:

AB150-engrossed,849,22 48.27 (4) (b) Advise the child and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.

AB150-engrossed, s. 2448d Section 2448d. 48.275 (2) (a) of the statutes is amended to read:

AB150-engrossed,850,8 48.275 (2) (a) If this state or a county provides legal counsel to a child subject to a proceeding under s. 48.12 or 48.13, the court shall order the child's parent to provide a statement of income, assets and living expenses to the county department and shall order that parent to reimburse the state or county in accordance with par. (b) or (c). The court may not order reimbursement if a parent is the complaining or petitioning party or if the court finds that the interests of the parent and the interests of the child in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent. The court may not order reimbursement until the completion of the proceeding or until the state or county is no longer providing the child with legal counsel in the proceeding.

AB150-engrossed, s. 2448f Section 2448f. 48.275 (2) (b) of the statutes is amended to read:

AB150-engrossed,850,18 48.275 (2) (b) If this state provides the child with legal counsel and the court orders reimbursement under par. (a), the county department shall child's parent may request the state public defender to determine whether the parent is indigent as provided under s. 977.07 and shall to determine the amount of reimbursement. If the parent is found not to be indigent, the amount of reimbursement shall be the maximum amount established by the public defender board. If the parent is found to be indigent in part, the amount of reimbursement shall be the amount of partial payment determined in accordance with the rules of the public defender board under s. 977.02 (3).

AB150-engrossed, s. 2448h Section 2448h. 48.275 (2) (d) of the statutes is amended to read:

AB150-engrossed,851,2 48.275 (2) (d) Reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer, who shall deposit 50% 25% of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the state treasurer for deposit. Payments transmitted to the state treasurer shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for county-provided counsel in the county treasury.

AB150-engrossed, s. 2448m Section 2448m. 48.30 (6) of the statutes is amended to read:

AB150-engrossed,851,18 48.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for the child who is held in secure custody and no more than 30 days from the plea hearing for a child who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of revenue under s. 46.25 73.25 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing. If a citation is not contested, the court may proceed immediately to enter a dispositional order.

AB150-engrossed, s. 2448p Section 2448p. 48.31 (7) of the statutes is amended to read:

AB150-engrossed,852,8 48.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days from the fact-finding hearing for a child in secure custody and no more than 30 days from the fact-finding hearing for a child not held in secure custody. If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of revenue under s. 46.25 73.25 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

AB150-engrossed, s. 2448r Section 2448r. 48.33 (1) (intro.) of the statutes is amended to read:

AB150-engrossed,852,13 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, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the following:

AB150-engrossed, s. 2450 Section 2450. 48.33 (3m) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB150-engrossed, s. 2450m Section 2450m. 48.33 (3r) of the statutes is created to read:

AB150-engrossed,852,25 48.33 (3r) Serious juvenile offender report. If a child 14 years of age or over has been adjudicated delinquent for committing a violation specified in s. 48.34 (4h) (a), the report shall be submitted in writing by the department of corrections and, in addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable, shall include an analysis of the child's suitability for placement in the serious juvenile offender program under s. 48.34 (4h) or in a secured correctional facility under s. 48.34 (4m), a placement specified in s. 48.34 (3) or placement in the child's home with supervision and community-based programming and a recommendation as to the type of placement for which the child is best suited.

AB150-engrossed, s. 2451m Section 2451m. 48.34 (2) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150-engrossed,853,7 48.34 (2) Place the child under supervision of an agency, the department of corrections, if the department of corrections approves, or a suitable adult, including a friend of the child, under conditions prescribed by the judge including reasonable rules for the child's conduct, designed for the physical, mental and moral well-being and behavior of the child.

AB150-engrossed, s. 2451p Section 2451p. 48.34 (2m) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150-engrossed,853,15 48.34 (2m) Place the child in his or her home under the supervision of an agency, as defined under s. 48.38 (1) (a) or the department of health and social services, if that department approves, and order the agency or department to provide specified services to the child and the child's family, which may include but are not limited to individual or group counseling, homemaker or parent aide services, respite care, housing assistance, day care or parent skills training.

AB150-engrossed, s. 2451r Section 2451r. 48.34 (2m) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,853,25 48.34 (2m) Place the child in the child's home under the supervision of an agency, the department of health and social services, if the child is in need of protection or services and that department approves, or the department of corrections, if the child is delinquent and that department approves, and order the agency or department to provide specified services to the child and the child's family, which may include but are not limited to individual, family or group counseling, homemaker or parent aide services, respite care, housing assistance, day care or parent skills training.

AB150-engrossed, s. 2453m Section 2453m. 48.34 (3g) of the statutes is amended to read:

AB150-engrossed,854,5 48.34 (3g) If the judge places the child in the community under sub. (2m), (2r), (3) or (10), the judge may order the child to be monitored Monitoring by an electronic monitoring system for a child subject to an order under sub. (2m), (2r), (3), (4n) or (10) who is placed in the community.

AB150-engrossed, s. 2453p Section 2453p. 48.34 (3g) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,854,9 48.34 (3g) Monitoring by an electronic monitoring system for a child subject to an order under sub. (2m), (2r), (3), (4h), (4n) or (10) who is placed in the community.

AB150-engrossed, s. 2454m Section 2454m. 48.34 (4g) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB150-engrossed, s. 2457m Section 2457m. 48.34 (4h) of the statutes is created to read:

AB150-engrossed,854,14 48.34 (4h) Place the child in the serious juvenile offender program under s. 48.538, but only if all of the following apply:

AB150-engrossed,854,18 (a) The child is 14 years of age or over and has been adjudicated delinquent for committing a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36.

AB150-engrossed,854,21 (b) The judge finds that the only other disposition that would be appropriate for the child would be placement of the child in a secured correctional facility under sub. (4m).

AB150-engrossed, s. 2458 Section 2458. 48.34 (4m) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150-engrossed,854,25 48.34 (4m) (intro.) Place the child in a secured correctional facility under the supervision of the department of corrections, but only if all of the following apply:

AB150-engrossed, s. 2459 Section 2459. 48.34 (4m) (a) of the statutes is amended to read:

AB150-engrossed,855,4 48.34 (4m) (a) The child has been found to be delinquent for the commission of an act which if committed by an adult would be punishable by a sentence of 6 months or more; and.

AB150-engrossed, s. 2461 Section 2461. 48.34 (4n) (intro.) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB150-engrossed,855,11 48.34 (4n) (intro.) Subject to s. 48.532 (3) and to any arrangement between the department and a county department regarding the provision of aftercare supervision for children, designate one of the following to provide aftercare supervision for the child following the child's release from a secured correctional facility:

AB150-engrossed, s. 2461m Section 2461m. 48.34 (4n) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,855,18 48.34 (4n) (intro.)  Subject to s. 48.532 (3) and to any arrangement between the department of corrections and a county department regarding the provision of aftercare supervision for children, designate one of the following to provide aftercare supervision for the child following the child's release from a secured correctional facility:

AB150-engrossed, s. 2461r Section 2461r. 48.34 (4n) (a) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB150-engrossed,855,21 48.34 (4n) (a) The department of corrections.

AB150-engrossed, s. 2464 Section 2464. 48.34 (10) (a) of the statutes is amended to read:

AB150-engrossed,855,25 48.34 (10) (a) The judge may order that a child, on attaining 17 or more years of age, be allowed to live independently, either alone or with friends, under such supervision as the judge deems appropriate.

AB150-engrossed, s. 2464m Section 2464m. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB150-engrossed,856,4 48.345 (1) (a) Place the child in a secured correctional facility or transfer the custody of the child to the department of corrections.

AB150-engrossed, s. 2464p Section 2464p. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,856,9 48.345 (1) (a) Place the child in the serious juvenile offender program or in a secured correctional facility.

AB150-engrossed, s. 2465 Section 2465. 48.35 (1) (c) of the statutes is amended to read:

AB150-engrossed,856,15 48.35 (1) (c) Disposition by the court assigned to exercise jurisdiction under this chapter of any allegation under s. 48.12 shall bar any future proceeding on the same matter in criminal court when the child reaches the age of 18 17. This paragraph does not affect proceedings in criminal court which have been transferred under s. 48.18.

AB150-engrossed, s. 2465m Section 2465m. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB150-engrossed,857,4 48.355 (4) (a) 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.

AB150-engrossed, s. 2465n Section 2465n. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), section 2465m, is amended to read:

AB150-engrossed,857,18 48.355 (4) (a) 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 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 17 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.

AB150-engrossed, s. 2465p Section 2465p. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), sections 2465m and 2465n, is repealed and recreated to read:

AB150-engrossed,858,6 48.355 (4) (a) 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 who is under the supervision of the department of corrections under s. 48.34 (4h), (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 17 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.

AB150-engrossed, s. 2466d Section 2466d. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150-engrossed,858,16 48.355 (4) (b) An order under s. 48.34 (4g) or (4m) for which a child has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 48.34 (4m) the order apply for up to 2 years or until the child's 19th birthdate, whichever is earlier, and the judge shall make an order under s. 48.34 (4g) apply for 5 years, if the child is adjudicated delinquent for committing an act that would be punishable as a Class B, C or D felony if committed by an adult, or until the child reaches 25 years of age, if the child is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

AB150-engrossed, s. 2466g Section 2466g. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), section 2466d, is repealed and recreated to read:

AB150-engrossed,858,22 48.355 (4) (b) An order under s. 48.34 (4m) for which a child has been adjudicated delinquent is subject to par. (a), except that the judge may make the order apply for up to 2 years or until the child's 18th birthdate, whichever is earlier.

AB150-engrossed, s. 2466m Section 2466m. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), sections 2466d and 2466g, is amended to read:

AB150-engrossed,859,8 48.355 (4) (b) An order under s. 48.34 (4h) or (4m) for which a child has been adjudicated delinquent is subject to par. (a), except that the judge may make the order an order under s. 48.34 apply for up to 2 years or until the child's 18th birthdate, whichever is earlier, and the judge shall make an order under s. 48.34 (4h) apply for 5 years, if the child is adjudicated delinquent for committing an act that would be punishable as a Class B felony if committed by an adult, or until the child reaches 25 years of age, if the child is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

AB150-engrossed, s. 2466p Section 2466p. 48.357 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is renumbered 48.357 (4) (a) and amended to read:

AB150-engrossed,859,20 48.357 (4) (a) When the child is placed with the department of corrections, the department of corrections may, after an examination under s. 48.50 48.555, place the child in a secured correctional facility or in a secured child caring institution or on aftercare or corrective sanctions supervision, either immediately or after a period of placement in a secured correctional facility. The department shall send written notice of the change to the parent, guardian, legal custodian, county department designated under s. 48.34 (4n), if any, and committing court. A child is who placed in a secured child caring institution remains under the supervision of the department of corrections, remains subject to the rules and discipline of that department and is considered to be in custody, as defined in s. 946.42 (1) (a).

AB150-engrossed, s. 2466r Section 2466r. 48.357 (4) (b) of the statutes is created to read:

AB150-engrossed,860,3 48.357 (4) (b) The child welfare agency that is operating a secured child caring institution in which a child has been placed under par. (a) may place the child in a less restrictive placement or in a secured correctional facility and may transfer the child between secured child caring institutions, without a hearing under sub. (1). The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037, except that a child welfare agency is not entitled to receive payment for time that a child is placed in a secured correctional facility.