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.
AB150-engrossed,854,52
48.34
(3g) If the judge places the child in the community under sub. (2m), (2r),
3(3) or (10), the judge may order the child to be monitored Monitoring by an electronic
4monitoring system
for a child subject to an order under sub. (2m), (2r), (3), (4n) or (10)
5who is placed in the community.
AB150-engrossed, s. 2453p
6Section 2453p. 48.34 (3g) of the statutes, as affected by 1995 Wisconsin Act
7.... (this act), is repealed and recreated to read:
AB150-engrossed,854,98
48.34
(3g) Monitoring by an electronic monitoring system for a child subject
9to an order under sub. (2m), (2r), (3), (4h), (4n) or (10) who is placed in the community.
AB150-engrossed,854,1413
48.34
(4h) Place the child in the serious juvenile offender program under s.
1448.538, but only if all of the following apply:
AB150-engrossed,854,1815
(a) The child is 14 years of age or over and has been adjudicated delinquent for
16committing a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05,
17940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
18(1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36.
AB150-engrossed,854,2119
(b) The judge finds that the only other disposition that would be appropriate
20for the child would be placement of the child in a secured correctional facility under
21sub. (4m).
AB150-engrossed,854,2524
48.34
(4m) (intro.) Place the child in a secured correctional facility under the
25supervision of the department
of corrections, but only if
all of the following apply:
AB150-engrossed,855,42
48.34
(4m) (a) The child has been found to be delinquent for the commission
3of an act which if committed by an adult would be punishable by a sentence of 6
4months or more
; and.
AB150-engrossed,855,117
48.34
(4n) (intro.) Subject to
s. 48.532 (3) and to any arrangement between the
8department and a county department regarding the provision of aftercare
9supervision for children, designate one of the following to provide aftercare
10supervision for the child following the child's release from a secured correctional
11facility:
AB150-engrossed, s. 2461m
12Section 2461m. 48.34 (4n) (intro.) of the statutes, as affected by 1995
13Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-engrossed,855,1814
48.34
(4n) (intro.) Subject to s. 48.532 (3) and to any arrangement between
15the department of corrections and a county department regarding the provision of
16aftercare supervision for children, designate one of the following to provide aftercare
17supervision for the child following the child's release from a secured correctional
18facility:
AB150-engrossed,855,2121
48.34
(4n) (a) The department
of corrections.
AB150-engrossed,855,2523
48.34
(10) (a) The judge may order that a child
, on attaining 17
or more years
24of age
, be allowed to live independently, either alone or with friends, under such
25supervision as the judge deems appropriate.
AB150-engrossed, s. 2464m
1Section 2464m. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin
2Acts 377, 385 and 491, is amended to read:
AB150-engrossed,856,43
48.345
(1) (a) Place the child in a secured correctional facility
or transfer the
4custody of the child to the department of corrections.
AB150-engrossed, s. 2464p
5Section 2464p. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin
6Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated
7to read:
AB150-engrossed,856,98
48.345
(1) (a) Place the child in the serious juvenile offender program or in a
9secured correctional facility.
AB150-engrossed,856,1511
48.35
(1) (c) Disposition by the court assigned to exercise jurisdiction under this
12chapter of any allegation under s. 48.12 shall bar any future proceeding on the same
13matter in criminal court when the child reaches the age of
18 17. This paragraph
14does not affect proceedings in criminal court which have been transferred under s.
1548.18.
AB150-engrossed, s. 2465m
16Section 2465m. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
17Acts 377, 385 and 491, is amended to read:
AB150-engrossed,857,418
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
19this section shall terminate at the end of one year unless the judge specifies a shorter
20period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
21at the end of one year unless the judge specifies a shorter period of time. No extension
22under s. 48.365 of an original dispositional order may be granted for a child
whose
23legal custody has been transferred to the department of corrections under s. 48.34
24(4g) or who is under the supervision of the department
of health and social services 25under s. 48.34 (4m) or (4n) or under the supervision of a county department under
1s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional
2order terminates. Any order made before the child reaches the age of majority shall
3be effective for a time up to one year after its entry unless the judge specifies a shorter
4period of time.
AB150-engrossed, s. 2465n
5Section 2465n. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
6Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), section 2465m, is
7amended to read:
AB150-engrossed,857,188
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
9this section shall terminate at the end of one year unless the judge specifies a shorter
10period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
11at the end of one year unless the judge specifies a shorter period of time. No extension
12under s. 48.365 of an original dispositional order may be granted for a child whose
13legal custody has been transferred to the department of corrections under s. 48.34
14(4g) or who is under the supervision of the department under s. 48.34 (4m) or (4n)
15or under the supervision of a county department under s. 48.34 (4n) if the child is
18 1617 years of age or older when the original dispositional order terminates. Any order
17made before the child reaches the age of majority shall be effective for a time up to
18one year after its entry unless the judge specifies a shorter period of time.
AB150-engrossed, s. 2465p
19Section 2465p. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
20Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), sections 2465m and
212465n, is repealed and recreated to read:
AB150-engrossed,858,622
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
23this section shall terminate at the end of one year unless the judge specifies a shorter
24period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
25at the end of one year unless the judge specifies a shorter period of time. No extension
1under s. 48.365 of an original dispositional order may be granted for a child who is
2under the supervision of the department of corrections under s. 48.34 (4h), (4m) or
3(4n) or under the supervision of a county department under s. 48.34 (4n) if the child
4is 17 years of age or older when the original dispositional order terminates. Any
5order made before the child reaches the age of majority shall be effective for a time
6up to one year after its entry unless the judge specifies a shorter period of time.
AB150-engrossed,858,169
48.355
(4) (b)
An order under s. 48.34
(4g) or (4m) for which a child has been
10adjudicated delinquent is subject to par. (a), except that the judge may make
an order
11under s. 48.34 (4m) the order apply for up to 2 years or until the child's 19th birthdate,
12whichever is earlier
, and the judge shall make an order under s. 48.34 (4g) apply for
135 years, if the child is adjudicated delinquent for committing an act that would be
14punishable as a Class B, C or D felony if committed by an adult, or until the child
15reaches 25 years of age, if the child is adjudicated delinquent for committing an act
16that would be punishable as a Class A felony if committed by an adult.
AB150-engrossed,858,2220
48.355
(4) (b) An order under s. 48.34 (4m) for which a child has been
21adjudicated delinquent is subject to par. (a), except that the judge may make the
22order apply for up to 2 years or until the child's 18th birthdate, whichever is earlier.
AB150-engrossed,859,8
148.355
(4) (b) An order under s. 48.34
(4h) or (4m) for which a child has been
2adjudicated delinquent is subject to par. (a), except that the judge may make
the
3order an order under s. 48.34 apply for up to 2 years or until the child's 18th birthdate,
4whichever is earlier
, and the judge shall make an order under s. 48.34 (4h) apply for
55 years, if the child is adjudicated delinquent for committing an act that would be
6punishable as a Class B felony if committed by an adult, or until the child reaches
725 years of age, if the child is adjudicated delinquent for committing an act that
8would be punishable as a Class A felony if committed by an adult.
AB150-engrossed,859,2011
48.357
(4) (a) When the child is placed with the department
of corrections, the
12department
of corrections may, after an examination under s.
48.50 48.555, place the
13child in a secured correctional facility
or in a secured child caring institution or on
14aftercare or corrective sanctions supervision, either immediately or after a period of
15placement in a secured correctional facility. The department shall send written
16notice of the change to the parent, guardian, legal custodian, county department
17designated under s. 48.34 (4n), if any, and committing court.
A child is who placed
18in a secured child caring institution remains under the supervision of the
19department of corrections, remains subject to the rules and discipline of that
20department and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB150-engrossed,860,322
48.357
(4) (b) The child welfare agency that is operating a secured child caring
23institution in which a child has been placed under par. (a) may place the child in a
24less restrictive placement or in a secured correctional facility and may transfer the
25child between secured child caring institutions, without a hearing under sub. (1).
1The child welfare agency shall establish a rate for each type of placement in the
2manner provided in s. 46.037, except that a child welfare agency is not entitled to
3receive payment for time that a child is placed in a secured correctional facility.
AB150-engrossed,860,185
48.357
(4d) If a child who is placed in a child caring institution as a result of
6a delinquency adjudication violates a rule of the child caring institution or is
7otherwise in need of crisis intervention, the child welfare agency operating the child
8caring institution shall notify the department of corrections and may, without a
9hearing under sub. (1), place the child in a secured correctional facility or in a secure
10detention facility for not more than 30 days. The department shall send written
11notice of the change to the parent, guardian, legal custodian and committing court.
12If a child is placed in a secured correctional facility or secure detention facility under
13this subsection, the child welfare agency operating the child caring institution in
14which the child was placed shall reimburse the department of corrections at the rate
15specified in s. 301.26 (4) (d) 3m. or 4., whichever is applicable, or county operating
16the secure detention facility at the rate established by that county for the cost of the
17child's care while placed in the secured correctional facility or secure detention
18facility under this subsection.
AB150-engrossed,861,421
48.357
(4g) (a) Not later than 120 days after the date on which the child is
22placed in a secured correctional facility, or not less than 30 days before the date on
23which the department
of corrections determines that the child is eligible for release
24to aftercare supervision, whichever is earlier, the aftercare provider designated
25under s. 48.34 (4n) shall prepare an aftercare plan for the child. If the aftercare
1provider designated under s. 48.34 (4n) is a county department, that county
2department shall submit the aftercare plan to the department
of corrections within
3the time limits specified in this paragraph, unless the department
of corrections 4waives those time limits under par. (b).
AB150-engrossed,861,217
48.357
(4g) (b) The department
of corrections may waive the time period within
8which an aftercare plan must be prepared and submitted under par. (a) if
the that 9department anticipates that the child will remain in the secured correctional facility
10for a period exceeding 8 months, if the child is subject to extended jurisdiction under
11s. 48.366 or if the child is under corrective sanctions supervision under s. 48.533. If
12the department
of corrections has waived the time period within which an aftercare
13plan must be prepared and submitted and if there will be a reasonable time period
14after release from the secured correctional facility or from corrective sanctions
15supervision during which the child may remain subject to court jurisdiction,
the that 16department shall notify the county department providing aftercare supervision of
17the anticipated release date not less than 60 days before the date on which the child
18will be eligible for release. If the department
of corrections waives the time limits
19specified under par. (a), the aftercare plan shall be prepared by
the that department
20or prepared and submitted by the county department providing aftercare
21supervision on or before the date on which the child becomes eligible for release.
AB150-engrossed,861,2523
48.357
(4m) The department
of corrections shall try to release a child to
24aftercare or corrective sanctions supervision under sub. (4) within 30 days after the
25date
the that department determines the child is eligible for the release.
AB150-engrossed,862,83
48.357
(5) (a) The department
of corrections or a county department,
4whichever has been designated as a child's aftercare provider under s. 48.34 (4n),
5may revoke the aftercare status of that child. The department
of corrections may
6revoke a child's placement in the community under corrective sanctions supervision.
7Revocation of aftercare or corrective sanctions supervision shall not require prior
8notice under sub. (1).
AB150-engrossed,862,1611
48.357
(5) (g) The department
of corrections shall promulgate rules setting
12standards to be used by a hearing examiner to determine whether to revoke a child's
13aftercare or corrective sanctions status. The standards shall specify that the burden
14is on the department
of corrections or county department seeking revocation to show
15by a preponderance of the evidence that the child violated a condition of aftercare or
16corrective sanctions supervision.