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.
AB150-engrossed,863,318
48.357
(5m) If a proposed change in placement changes a child's placement
19from a placement in the child's home to a placement outside the child's home, the
20court shall order the child's parent to provide a statement of income, assets, debts
21and living expenses to the court or the person or agency primarily responsible for
22implementing the dispositional order by a date specified by the court. The clerk of
23court shall provide, without charge, to any parent ordered to provide a statement of
24income, assets, debts and living expenses a document setting forth the percentage
25standard established by the department
of revenue under s.
46.25 73.25 (9) and
1listing the factors that a court may consider under s. 46.10 (14) (c). If the child is
2placed outside the child's home, the court shall determine the liability of the parent
3in the manner provided in s. 46.10 (14).
AB150-engrossed,863,175
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
6court otherwise designates an alternative placement for the child by a disposition
7made under s. 48.34 or 48.345 or by a change in placement under s. 48.357, the duty
8of the parent or guardian or, in the case of a transfer of guardianship and custody
9under s. 48.839 (4), the duty of the former guardian to provide support shall continue
10even though the legal custodian or the placement designee may provide the support.
11A copy of the order transferring custody or designating alternative placement for the
12child shall be submitted to the agency or person receiving custody or placement and
13the agency or person may apply to the court for an order to compel the parent or
14guardian to provide the support. Support payments for residential services, when
15purchased or otherwise funded or provided by the department
of health and social
16services, the department of corrections, or a county department under s. 46.215,
1746.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).
AB150-engrossed,864,218
(b) In determining the amount of support under par. (a), the court may consider
19all relevant financial information or other information relevant to the parent's
20earning capacity, including information reported to the department
of revenue, or
21the county child and spousal support agency, under s.
46.25 73.25 (2m). If the court
22has insufficient information with which to determine the amount of support, the
23court shall order the child's parent to furnish a statement of income, assets, debts and
24living expenses, if the parent has not already done so, to the court within 10 days
1after the court's order transferring custody or designating an alternative placement
2is entered or at such other time as ordered by the court.
AB150-engrossed,865,54
48.363
(1) A child, the child's parent, guardian or legal custodian, any person
5or agency bound by a dispositional order or the district attorney or corporation
6counsel in the county in which the dispositional order was entered may request a
7revision in the order that does not involve a change in placement, including a revision
8with respect to the amount of child support to be paid by a parent, or the court may
9on its own motion propose such a revision. The request or court proposal shall set
10forth in detail the nature of the proposed revision and what new information is
11available that affects the advisability of the court's disposition. The request or court
12proposal shall be submitted to the court. The court shall hold a hearing on the matter
13if the request or court proposal indicates that new information is available which
14affects the advisability of the court's dispositional order and prior to any revision of
15the dispositional order, unless written waivers of objections to the revision are signed
16by all parties entitled to receive notice and the court approves. If a hearing is held,
17the court shall notify the parent, child, guardian and legal custodian, all parties
18bound by the dispositional order and the district attorney or corporation counsel in
19the county in which the dispositional order was entered at least 3 days prior to the
20hearing. A copy of the request or proposal shall be attached to the notice. If the
21proposed revision is for a change in the amount of child support to be paid by a parent,
22the court shall order the child's parent to provide a statement of income, assets, debts
23and living expenses to the court and the person or agency primarily responsible for
24implementing the dispositional order by a date specified by the court. The clerk of
25court shall provide, without charge, to any parent ordered to provide a statement of
1income, assets, debts and living expenses a document setting forth the percentage
2standard established by the department
of revenue under s.
46.25 73.25 (9) and
3listing the factors that a court may consider under s. 46.10 (14) (c). If all parties
4consent, the court may proceed immediately with the hearing. No revision may
5extend the effective period of the original order.
AB150-engrossed,865,128
48.365
(7) Nothing in this section may be construed to allow any changes in
9placement or revocation of aftercare
, or corrective sanctions
or youthful offender 10supervision. Revocation and other changes in placement may take place only under
11s. 48.357
or, for a child who is a participant in the youthful offender program, s.
1248.537.
AB150-engrossed,865,1915
48.365
(7) Nothing in this section may be construed to allow any changes in
16placement or revocation of aftercare, corrective sanctions or serious juvenile offender
17supervision. Revocation and other changes in placement may take place only under
18s. 48.357 or, for a child who is a participant in the serious juvenile offender program,
19s. 48.538.
AB150-engrossed,866,222
48.366
(1) (a) (intro.)
If Subject to par. (c), if the person committed any crime
23specified under s. 940.01, 940.02, 940.05, 940.21 or 940.225 (1) (a) to (c), 948.03 or
24948.04, is adjudged delinquent on that basis and is placed in a secured correctional
1facility under s. 48.34 (4m), the court shall enter an order extending its jurisdiction
2as follows:
AB150-engrossed,866,84
48.366
(1) (b)
If Subject to par. (c), if the person committed a crime specified in
5s. 940.20 (1) or 946.43 while placed in a secured correctional facility and is adjudged
6delinquent on that basis following transfer of jurisdiction under s. 970.032, the court
7shall enter an order extending its jurisdiction until the person reaches 21 years of
8age or until termination of the order under sub. (6), whichever occurs earlier.
AB150-engrossed,866,1110
48.366
(1) (c) A court may not enter an order extending its jurisdiction as
11provided in par. (a) or (b) with respect to any violation committed after June 30, 1996.
AB150-engrossed,866,1514
48.366
(5) (a) 2. The department
of corrections or county department ordered
15under s. 48.34 (4n) to provide aftercare supervision of the person.
AB150-engrossed,866,2017
48.366
(5) (b) (intro.) The department
of corrections or county department may,
18at any time, file a petition proposing either release of a person subject to an order to
19aftercare supervision or revocation of the person's aftercare supervision. The
20petition shall set forth in detail:
AB150-engrossed,867,522
48.366
(5) (d) 1. At the time the department
of corrections or county
23department files a petition under par. (a), it shall provide written notice of the
24petition to the person who is the subject of the petition. The notice to the person who
25is the subject of the petition shall state that the person has a right to request a
1hearing on the petition and, if the petition is for revocation of a person's aftercare
2supervision, that the person has the right to counsel. The department
of corrections 3or county department shall also provide written notice of the petition to the office of
4the district attorney that filed the petition on the basis of which the child was
5adjudged delinquent and the victim, if any, of the delinquent act.
AB150-engrossed,867,97
48.366
(5) (d) 2. At the time a person subject to an order files a petition under
8par. (a), the person shall provide written notice of the petition to the department
of
9corrections or county department, as applicable.
AB150-engrossed,867,1511
48.366
(5) (f) If the court grants a petition to release a person to aftercare
12supervision and the person's county of residence is one in which the county
13department provides aftercare supervision, the department
of corrections may
14contract with the county department under s.
46.036
301.08 (2) for aftercare
15supervision of the person.
AB150-engrossed,867,1918
48.366
(6) (a) 2. The department
of corrections or county department ordered
19under s. 48.34 (4n) to provide aftercare supervision of the person.
AB150-engrossed,867,2421
48.366
(6) (b) The petition shall state the factual basis for the petitioner's belief
22that discharge will not pose a threat of bodily harm to other persons. The department
23of corrections or county department may file a petition at any time. The person
24subject to the order may file a petition not more often than once a year.
AB150-engrossed,868,7
148.366
(6) (c) 1. At the time the department
of corrections or county department
2files a petition under par. (a), it shall provide written notice of the petition to the
3person who is the subject of the petition. The notice to the person who is the subject
4of the petition shall state that the person has the right to counsel. The department
5of corrections or county department shall also provide written notice of the petition
6to the office of the district attorney that filed the petition on the basis of which the
7person was adjudged delinquent and to the victim, if any, of the delinquent act.
AB150-engrossed,868,1310
48.366
(6) (c) 2. At the time a person subject to an order files a petition under
11par. (a), he or she shall provide written notice of the petition to the department
of
12corrections or county department, whichever has been ordered under s. 48.34 (4n)
13to provide aftercare supervision of the person.
AB150-engrossed,868,2015
48.366
(7) Notice of hearing. Upon receipt of a request for a hearing under
16sub. (5) or upon receipt of a petition under sub. (6), the court shall set a date for a
17hearing on the matter. In any of those cases, the court shall notify the department
18of corrections and each person specified in sub. (5) (d) 1. or (6) (c) 1. of the hearing
19at least 7 days before the hearing, except that if any such person lives outside of this
20state, the notice shall be mailed at least 14 days before the hearing.
AB150-engrossed,869,423
48.366
(8) Transfer to or between facilities. The department may transfer
24a person subject to an order between secured correctional facilities. After the person
25attains the age of
18 17 years, the department may, after consulting with the
1department of corrections, place the person in a state prison named in s. 302.01. The
2department of corrections may transfer a person placed in a state prison under this
3subsection to or between state prisons named in s. 302.01 without petitioning for
4revision of the order under sub. (5) (a).
AB150-engrossed,869,157
48.366
(8) Transfer to or between facilities. The department of corrections
8may transfer a person subject to an order between secured correctional facilities.
9After the person attains the age of 17 years, the department of corrections may place
10the person in a state prison named in s. 302.01. If the department of corrections
11places a person subject to an order under this section in a state prison, that
12department shall provide services for that person from the appropriate
13appropriation under s. 20.410 (1). The department of corrections may transfer a
14person placed in a state prison under this subsection to or between state prisons
15named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).
AB150-engrossed,869,1817
48.38
(1) (a) "Agency" means the department
of health and social services, the
18department of corrections, a county department or a licensed child welfare agency.
AB150-engrossed, s. 2475m
19Section 2475m. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts
20377, 385 and 491, is amended to read:
AB150-engrossed,870,521
48.38
(3) (a) If the child is alleged to be delinquent and is being held in a secure
22detention facility, juvenile portion of a county jail or shelter care facility, and the
23agency intends to recommend that the child be placed in a secured correctional
24facility
or the department of corrections intends to recommend that custody of the
25child be transferred to the department of corrections for participation in the youthful
1offender program, the agency is not required to submit the permanency plan unless
2the court does not accept the recommendation of the agency
or the department of
3corrections. If the court places the child in any facility outside of the child's home
4other than a secured correctional facility, the agency shall file the permanency plan
5with the court within 60 days after the date of disposition.
AB150-engrossed, s. 2476
6Section
2476. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts
7377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
8read:
AB150-engrossed,870,169
48.38
(3) (a) If the child is alleged to be delinquent and is being held in a secure
10detention facility, juvenile portion of a county jail or shelter care facility, and the
11agency intends to recommend that the child be placed in a secured correctional
12facility or in the serious juvenile offender program, the agency is not required to
13submit the permanency plan unless the court does not accept the recommendation
14of the agency. If the court places the child in any facility outside of the child's home
15other than a secured correctional facility, the agency shall file the permanency plan
16with the court within 60 days after the date of disposition.
AB150-engrossed,870,22
1848.39 Disposition by court bars criminal proceeding. Disposition by the
19court of any violation of state law coming within its jurisdiction under s. 48.12 bars
20any future criminal proceeding on the same matter in circuit court when the child
21reaches the age of
18 17. This section does not affect criminal proceedings in circuit
22court which were transferred under s. 48.18.
AB150-engrossed,871,724
48.396
(1) Peace officers' records of children shall be kept separate from records
25of
persons 18 or older adults. Peace officers' records of children shall not be open to
1inspection or their contents disclosed except under sub. (1m) or (5) or s. 48.293 or by
2order of the court. This subsection does not apply to the representatives of
3newspapers or other reporters of news who wish to obtain information for the
4purpose of reporting news without revealing the identity of the child involved, to the
5confidential exchange of information between the police and officials of the school
6attended by the child or other law enforcement or social welfare agencies or to
7children 16 or older who are transferred to the criminal courts.
AB150-engrossed,871,149
48.396
(2) (b) Upon request of the department
of health and social services, the
10department of corrections or a federal agency to review court records for the purpose
11of monitoring and conducting periodic evaluations of activities as required by and
12implemented under
45 CFR 1355,
1356 and
1357, the court shall open those records
13for inspection by authorized representatives of the
requesting department or federal
14agency.
AB150-engrossed,871,2216
48.396
(2) (e) Upon request of the department of
health and social services 17corrections to review court records for the purpose of providing, under s. 980.015 (3)
18(a), the department of justice or a district attorney with a person's offense history, the
19court shall open for inspection by authorized representatives of the department of
20health and social services corrections the records of the court relating to any child
21who has been adjudicated delinquent for a sexually violent offense, as defined in s.
22980.01 (6).
AB150-engrossed,872,3
148.432
(2) (a) The department
, or agency contracted with under sub. (9), shall
2maintain all information obtained under s. 48.427 (6) (b) in a centralized birth record
3file.
AB150-engrossed,872,105
48.432
(2) (b) Any birth parent whose rights to a child have been terminated
6in this state at any time, or who consented to the adoption of a child before February
71, 1982, may file with the department
, or agency contracted with under sub. (9), any
8relevant medical or genetic information about the child or the child's birth parents,
9and the department
or agency shall maintain the information in the centralized birth
10record file.
AB150-engrossed,872,1412
48.432
(3) (a) (intro.) The department
, or agency contracted with under sub.
13(9), shall release the medical information under sub. (2) to any of the following
14persons upon request:
AB150-engrossed,872,1916
48.432
(3) (b) Before releasing the information under par. (a), the department
,
17or agency contracted with under sub. (9), shall delete the name and address of the
18birth parent and the identity of any provider of health care to the individual or
19adoptee or to the birth parent.
AB150-engrossed,872,2521
48.432
(3) (c) The person making a request under this subsection shall pay a
22fee for the cost of locating, verifying, purging, summarizing, copying and mailing the
23medical or genetic information according to a fee schedule established by the
24department
, or agency contracted with under sub. (9), based on ability to pay. The
25fee may not be more than $150 and may be waived by the department
or agency.
AB150-engrossed,873,122
48.432
(4) (a) Whenever any person specified under sub. (3) wishes to obtain
3medical and genetic information about an individual whose birth parent's rights
4have been terminated in this state at any time, or whose birth parent consented to
5his or her adoption before February 1, 1982, or medical and genetic information
6about the birth parents of such an individual or adoptee, and the information is not
7on file with the department
, or agency contracted with under sub. (9), the person may
8request that the department
or agency conduct a search for the birth parents to
9obtain the information. The request shall be accompanied by a statement from a
10physician certifying either that the individual or adoptee has or may have acquired
11a genetically transferable disease or that the individual's or adoptee's medical
12condition requires access to the information.
AB150-engrossed,873,1914
48.432
(4) (b) Upon receipt of a request under par. (a), the department
, or
15agency contracted with under sub. (9), shall undertake a diligent search for the
16individual's or adoptee's parents.
Upon request by the department, an agency shall
17cooperate in the search and shall make its records available to the department. The
18department may not require an agency to conduct the search, but may designate an
19agency to do so with the agency's consent.
AB150-engrossed,874,221
48.432
(4) (d) The department
, or agency
designated by the department 22contracted with under
par. (b) sub. (9), shall charge the requester a reasonable fee
23for the cost of the search. When the department or agency determines that the fee
24will exceed $100 for either birth parent, it shall notify the requester. No fee in excess
1of $100 per birth parent may be charged unless the requester, after receiving
2notification under this paragraph, has given consent to proceed with the search.
AB150-engrossed,874,74
48.432
(4) (f) The department
, or agency contracted with under sub. (9), shall
5release to the requester any medical or genetic information provided by a birth
6parent under this subsection without disclosing the birth parent's identity or
7location.
AB150-engrossed,874,139
48.432
(4) (g) If a birth parent is located but refuses to provide the information
10requested, the department
, or agency contracted with under sub. (9), shall notify the
11requester, without disclosing the birth parent's identity or location, and the
12requester may petition the circuit court to order the birth parent to disclose the
13information. The court shall grant the motion for good cause shown.
AB150-engrossed,874,1615
48.432
(8m) (intro.) The department
, or agency contracted with under sub. (9), 16shall give priority to all of the following:
AB150-engrossed,874,1918
48.432
(9) The department shall promulgate rules to implement this section
19and may contract with an agency to administer this section.
AB150-engrossed,875,321
48.433
(2) Any birth parent whose rights have been terminated in this state
22at any time, or who has consented to the adoption of his or her child in this state
23before February 1, 1982, may file with the department
, or agency contracted with
24under sub. (11), an affidavit authorizing the department
or agency to provide the
25child with his or her original birth certificate and with any other available
1information about the birth parent's identity and location. An affidavit filed under
2this subsection may be revoked at any time by notifying the department
or agency 3in writing.
AB150-engrossed,875,95
48.433
(3) (intro.) Any person 21 years of age or over whose birth parent's
6rights have been terminated in this state or who has been adopted in this state with
7the consent of his or her birth parent or parents before February 1, 1982, may request
8the department
, or agency contracted with under sub. (11), to provide the person with
9the following: