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 (this act), is repealed and recreated to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:
AB150-engrossed,875,1211
48.433
(4) Before acting on the request, the department
, or agency contracted
12with under sub. (11), shall require the requester to provide adequate identification.
AB150-engrossed,875,1514
48.433
(5) (intro.) The department
, or agency contracted with under sub. (11), 15shall disclose the requested information in either of the following circumstances:
AB150-engrossed,875,1817
48.433
(5) (a) The department
, or agency contracted with under sub. (11), has
18on file unrevoked affidavits filed under sub. (2) from both birth parents.
AB150-engrossed,876,220
48.433
(6) (a) If the department
, or agency contracted with under sub. (11), does
21not have on file an affidavit from each known birth parent, it shall, within 3 months
22after the date of the original request, undertake a diligent search for each birth
23parent who has not filed an affidavit. The search shall be completed within 6 months
24after the date of the request, unless the search falls within one of the exceptions
1established by the department by rule. If any information has been provided under
2sub. (5), the department
or agency is not required to conduct a search.
AB150-engrossed,876,105
48.433
(6) (d) The department
, or agency
designated by the department 6contracted with under
par. (b) sub. (11), shall charge the requester a reasonable fee
7for the cost of the search. When the department or agency determines that the fee
8will exceed $100 for either birth parent, it shall notify the requester. No fee in excess
9of $100 per birth parent may be charged unless the requester, after receiving
10notification under this paragraph, has given consent to proceed with the search.
AB150-engrossed,876,1512
48.433
(7) (b) Within 3 working days after contacting a birth parent, the
13department
, or agency contracted with under sub. (11), shall send the birth parent
14a written copy of the information specified under par. (a) and a blank copy of the
15affidavit.
AB150-engrossed,876,1917
48.433
(7) (c) If the birth parent files the affidavit, the department
, or agency
18contracted with under sub. (11), shall disclose the requested information if permitted
19under sub. (5).
AB150-engrossed,876,2421
48.433
(7) (e) If, after a search under this subsection, a known birth parent
22cannot be located, the department
, or agency contracted with under sub. (11), may
23disclose the requested information if the other birth parent has filed an unrevoked
24affidavit under sub. (2).
AB150-engrossed,877,7
148.433
(8) (a) (intro.) If a birth parent is known to be dead and has not filed
2an unrevoked affidavit under sub. (2), the department
, or agency contracted with
3under sub. (11), shall so inform the requester. The department
or agency may not
4provide the requester with his or her original birth certificate or with the identity of
5that parent, but shall provide the requester with any available information it has on
6file regarding the identity and location of the other birth parent if both of the
7following conditions exist:
AB150-engrossed,877,129
48.433
(8) (b) If a birth parent is known to be dead, the department
, or agency
10contracted with under sub. (11), in addition to the information provided under par.
11(a), shall provide the requester with any nonidentifying social history information
12about the deceased parent on file with the department
or agency.
AB150-engrossed,877,1714
48.433
(8m) If the department
, or agency contracted with under sub. (11), may
15not disclose the information requested under this section, it shall provide the
16requester with any nonidentifying social history information about either of the
17birth parents that it has on file.
AB150-engrossed,877,2019
48.433
(11) The department shall promulgate rules to implement this section
20and may contract with an agency to administer this section.
AB150-engrossed, s. 2522
21Section
2522. Subchapter IX (title) of chapter 48 [precedes 48.44] of the
22statutes is amended to read:
AB150-engrossed,878,3
1SUBCHAPTER IX
2
JURISDICTION OVER PERSON
18 17
3OR OLDER
AB150-engrossed,878,7
548.44 (title)
Jurisdiction over persons
18 17 or older. (1) The court has
6jurisdiction over persons
18 17 or older as provided under ss. 48.355 (4) and 48.45 and
7as otherwise specifically provided in this chapter.
AB150-engrossed,878,159
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
10described in s. 48.12 or 48.13 it appears that any person
18 17 or older has been guilty
11of contributing to, encouraging, or tending to cause by any act or omission, such
12condition of the child, the judge may make orders with respect to the conduct of such
13person in his or her relationship to the child, including orders determining the ability
14of the person to provide for the maintenance or care of the child and directing when,
15how and where funds for the maintenance or care shall be paid.
AB150-engrossed,878,2117
48.45
(3) If it appears at a court hearing that any person
18 17 or older has
18violated s. 948.40, the judge shall refer the record to the district attorney for criminal
19proceedings as may be warranted in the district attorney's judgment. This
20subsection does not prevent prosecution of violations of s. 948.40 without the prior
21reference by the judge to the district attorney, as in other criminal cases.
AB150-engrossed,878,24
2348.48 (title)
Authority of department
of health and social services. 24(intro.) The department
of health and social services shall have authority:
AB150-engrossed,879,7
148.48
(1) To promote the enforcement of the laws relating to
delinquent
2children, nonmarital children and children in need of protection or services including
3developmentally disabled children and to take the initiative in all matters involving
4the interests of such children where adequate provision therefor is not made. This
5duty shall be discharged in cooperation with the courts, county departments,
6licensed child welfare agencies and with parents and other individuals interested in
7the welfare of children.
AB150-engrossed,879,139
48.48
(3) To accept
legal custody of children transferred to it by the court under
10s. 48.355 and guardianship of children when appointed by the court, and to provide
11special treatment and care when directed by the court. A court may not direct the
12department to administer psychotropic medications to children who receive special
13treatment or care under this subsection.
AB150-engrossed,879,1818
48.48
(4m) (a) Is at least
18 17 years of age;
AB150-engrossed, s. 2529m
19Section 2529m. 48.48 (4m) (a) of the statutes, as affected by 1995 Wisconsin
20Act .... (this act), is repealed.
AB150-engrossed,879,2423
48.48
(4m) (b) Was in the legal custody of the department or under its
24supervision under s. 48.34 (4m) or (4n) when the person reached
18 17 years of age;
AB150-engrossed, s. 2530m
1Section 2530m. 48.48 (4m) (b) of the statutes, as affected by 1995 Wisconsin
2Act .... (this act), is repealed.