AB150, s. 2451 22Section 2451. 48.34 (intro.) of the statutes, as affected by 1993 Wisconsin Acts
23385 and 491, is amended to read:
AB150,928,5 2448.34 Disposition of child adjudged delinquent. (intro.) If the judge
25adjudges a child delinquent, he or she shall enter an order deciding one or more of

1the dispositions of the case as provided in this section under a care and treatment
2plan. Subsections (4m) and (8) are exclusive dispositions, except that either
3disposition may be combined with the disposition under sub. (4p), (5), (7m), (7r) or
4(15) and a disposition under sub. (4m) must be combined with a disposition under
5sub. (4n). The dispositions under this section are:
AB150, s. 2452 6Section 2452. 48.34 (2r) of the statutes is repealed.
AB150, s. 2453 7Section 2453. 48.34 (3g) of the statutes is amended to read:
AB150,928,108 48.34 (3g) If the judge places the child in the community under sub. (2m), (2r),
9(3) or (10), the judge may order the child to be monitored by an electronic monitoring
10system.
AB150, s. 2454 11Section 2454. 48.34 (4g) (intro.) of the statutes, as created by 1993 Wisconsin
12Act 377
, is amended to read:
AB150,928,1613 48.34 (4g) (intro.)  Transfer Unless the judge, in his or her discretion, imposes
14a disposition under sub. (4m), transfer
legal custody to the department of corrections
15for participation in the youthful serious juvenile offender program under s. 48.537,
16but only if all of the following apply:
AB150, s. 2455 17Section 2455. 48.34 (4g) (a) of the statutes, as created by 1993 Wisconsin Act
18377
, is amended to read:
AB150,929,819 48.34 (4g) (a) The child is 16 14 years of age or over and has been adjudicated
20delinquent for committing an act that would be punishable as a Class A, B, C or D
21felony if committed by an adult and the child has been adjudicated delinquent or
22found to be in need of protection or services previously for committing an act that
23would be a felony if committed by an adult
a violation of s. 161.41 (1), (1m) or (1x),
24939.30 that is punishable as a Class C felony if committed by an adult, 939.31 that
25is punishable as a Class B felony if committed by an adult, 939.32 (1) (a), 940.01,

1940.02, 940.03, 940.05, 940.06, 940.09, 940.11, 940.19 (2) to (6), 940.20, 940.203,
2940.205, 940.207, 940.21, 940.225 (1) to (3), 940.23, 940.305, 940.31, 940.32 (2m) or
3(3m), 940.43, 940.45, 941.20 (2) or (3), 941.21, 941.26 (1) (a) or (b) except as provided
4in s. 941.26 (2) (c) or (d), 941.26 (1m) or (4) (d) or (e), 941.28, 941.29, 941.295, 941.296,
5941.298, 941.30 (1), 941.32, 941.327 (2) (b) 4., 941.38 (2), 943.02, 943.04, 943.10 (2),
6943.23 (1g), (1m) or (1r), 943.32, 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) or (3),
7948.04, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a), 948.30 (2), 948.35,
8948.36, 948.60 (2) (b) if death results, 948.605 (3) or 948.61 (2) (b)
.
AB150, s. 2456 9Section 2456. 48.34 (4g) (b) of the statutes, as created by 1993 Wisconsin Act
10377
, is repealed.
AB150, s. 2457 11Section 2457. 48.34 (4g) (d) of the statutes, as created by 1993 Wisconsin Act
12377
, is amended to read:
AB150,929,1413 48.34 (4g) (d) The report under s. 48.33 (3m) (3) recommends placement of the
14child in the youthful serious juvenile offender program.
AB150, s. 2458 15Section 2458. 48.34 (4m) (intro.) of the statutes, as affected by 1993 Wisconsin
16Act 385
, is amended to read:
AB150,929,1817 48.34 (4m) (intro.) Place the child in a secured correctional facility under the
18supervision of the department, but only if all of the following apply:
AB150, s. 2459 19Section 2459. 48.34 (4m) (a) of the statutes is amended to read:
AB150,929,2220 48.34 (4m) (a) The child has been found to be delinquent for the commission
21of an act which if committed by an adult would be punishable by a sentence of 6
22months or more; and.
AB150, s. 2460 23Section 2460. 48.34 (4m) (c) of the statutes is created to read:
AB150,930,324 48.34 (4m) (c) The child is under 14 years of age or, if the child is 14 years of
25age or over, the child has committed a violation other than a violation specified in sub.

1(4g) (a) or, if the child is 14 years of age or over and has committed a violation specified
2in sub. (4g) (a), the judge in his or her discretion imposes this disposition rather than
3the disposition specified in sub. (4g).
AB150, s. 2461 4Section 2461. 48.34 (4n) (intro.) of the statutes, as created by 1993 Wisconsin
5Act 385
, is amended to read:
AB150,930,106 48.34 (4n) (intro.) Subject to s. 48.532 (3) and to any arrangement between the
7department and a county department regarding the provision of aftercare
8supervision for children, designate one of the following to provide aftercare
9supervision for the child following the child's release from a secured correctional
10facility:
AB150, s. 2462 11Section 2462. 48.34 (7r) of the statutes is created to read:
AB150,930,1512 48.34 (7r) (a) If the child is adjudicated delinquent under a violation of a violent
13crime law specified in s. 939.632 (1) (e) in a school zone, as defined in s. 939.632 (1)
14(d), the court may require that the child participate for 100 hours in a supervised
15work program under sub. (9) or perform 100 hours of other community service work.
AB150,930,1816 (b) The court shall not impose the requirement under par. (a) if the court
17determines that the person would pose a threat to public safety while completing the
18requirement.
AB150, s. 2463 19Section 2463. 48.34 (9) (d) of the statutes is amended to read:
AB150,930,2220 48.34 (9) (d) Under this subsection, a court may not order a child who is 12 or
2113 years of age to perform more than 40 total hours of community service work,
22except as provided in subs. (7m) and (7r)
.
AB150, s. 2464 23Section 2464. 48.34 (10) (a) of the statutes is amended to read:
AB150,931,3
148.34 (10) (a) The judge may order that a child, on attaining 17 or more years
2of age, be allowed to live independently, either alone or with friends, under such
3supervision as the judge deems appropriate.
AB150, s. 2465 4Section 2465. 48.35 (1) (c) of the statutes is amended to read:
AB150,931,95 48.35 (1) (c) Disposition by the court assigned to exercise jurisdiction under this
6chapter of any allegation under s. 48.12 shall bar any future proceeding on the same
7matter in criminal court when the child reaches the age of 18 17. This paragraph
8does not affect proceedings in criminal court which have been transferred under s.
948.18.
AB150, s. 2466 10Section 2466. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act
11377
, is amended to read:
AB150,931,1912 48.355 (4) (b) An order under s. 48.34 (4g) or (4m) for which a child has been
13adjudicated delinquent is subject to par. (a), except that the judge may make an order
14under s. 48.34 (4m) apply for up to 2 years or until the child's 19th 18th birthdate,
15whichever is earlier, and the judge shall make an order under s. 48.34 (4g) apply for
165 years, if the child is adjudicated delinquent for committing an act that would be
17punishable as a Class B, C or D felony if committed by an adult, or until the child
18reaches 25 years of age, if the child is adjudicated delinquent for committing an act
19that would be punishable as a Class A felony if committed by an adult.
AB150, s. 2467 20Section 2467. 48.357 (4g) (a) of the statutes, as created by 1993 Wisconsin Act
21385
, is amended to read:
AB150,932,522 48.357 (4g) (a) Not later than 120 days after the date on which the child is
23placed in a secured correctional facility under the supervision of the department, or
24not less than 30 days before the date on which the department determines that the
25child is eligible for release to aftercare supervision, whichever is earlier, the aftercare

1provider designated under s. 48.34 (4n) shall prepare an aftercare plan for the child.
2If the aftercare provider designated under s. 48.34 (4n) is a county department, that
3county department shall submit the aftercare plan to the department within the time
4limits specified in this paragraph, unless the department waives those time limits
5under par. (b).
AB150, s. 2468 6Section 2468. 48.36 (1) of the statutes is amended to read:
AB150,932,197 48.36 (1) (a) If legal custody is transferred from the parent or guardian or the
8court otherwise designates an alternative placement for the child by a disposition
9made under s. 48.34 or 48.345 or by a change in placement under s. 48.357, the duty
10of the parent or guardian or, in the case of a transfer of guardianship and custody
11under s. 48.839 (4), the duty of the former guardian to provide support shall continue
12even though the legal custodian or the placement designee may provide the support.
13A copy of the order transferring custody or designating alternative placement for the
14child shall be submitted to the agency or person receiving custody or placement and
15the agency or person may apply to the court for an order to compel the parent or
16guardian to provide the support. Support payments for residential services, when
17purchased or otherwise funded or provided by the department of health and social
18services, the department of corrections
, or a county department under s. 46.215,
1946.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).
AB150,933,320 (b) In determining the amount of support under par. (a), the court may consider
21all relevant financial information or other information relevant to the parent's
22earning capacity, including information reported to the department of health and
23social services
, or the county child and spousal support agency, under s. 46.25 (2m).
24If the court has insufficient information with which to determine the amount of
25support, the court shall order the child's parent to furnish a statement of income,

1assets, debts and living expenses, if the parent has not already done so, to the court
2within 10 days after the court's order transferring custody or designating an
3alternative placement is entered or at such other time as ordered by the court.
AB150, s. 2469 4Section 2469. 48.365 (7) of the statutes, as affected by 1993 Wisconsin Act 377,
5is amended to read:
AB150,933,106 48.365 (7) Nothing in this section may be construed to allow any changes in
7placement or revocation of aftercare, corrective sanctions or youthful serious
8juvenile
offender supervision. Revocation and other changes in placement may take
9place only under s. 48.357 or, for a child who is a participant in the youthful serious
10juvenile
offender program, s. 48.537.
AB150, s. 2470 11Section 2470. 48.366 (1) (a) (intro.) of the statutes, as affected by 1993
12Wisconsin Act 385
, is amended to read:
AB150,933,1713 48.366 (1) (a) (intro.) If Subject to par. (c), if the person committed any crime
14specified under s. 940.01, 940.02, 940.05, 940.21 or 940.225 (1) (a) to (c), 948.03 or
15948.04, is adjudged delinquent on that basis and is placed in a secured correctional
16facility under s. 48.34 (4m), the court shall enter an order extending its jurisdiction
17as follows:
AB150, s. 2471 18Section 2471. 48.366 (1) (b) of the statutes is amended to read:
AB150,933,2319 48.366 (1) (b) If Subject to par. (c), if the person committed a crime specified in
20s. 940.20 (1) or 946.43 while placed in a secured correctional facility and is adjudged
21delinquent on that basis following transfer of jurisdiction under s. 970.032, the court
22shall enter an order extending its jurisdiction until the person reaches 21 years of
23age or until termination of the order under sub. (6), whichever occurs earlier.
AB150, s. 2472 24Section 2472. 48.366 (1) (c) of the statutes is created to read:
AB150,934,3
148.366 (1) (c) A court may not enter an order extending its jurisdiction as
2provided in par. (a) or (b) with respect to any violation committed after December 31,
31995.
AB150, s. 2473 4Section 2473. 48.366 (8) of the statutes, as affected by 1993 Wisconsin Act 385,
5is amended to read:
AB150,934,126 48.366 (8) Transfer to or between facilities. The department may transfer
7a person subject to an order between secured correctional facilities. After the person
8attains the age of 18 17 years, the department may, after consulting with the
9department of corrections, place the person in a state prison named in s. 302.01. The
10department of corrections may transfer a person placed in a state prison under this
11subsection to or between state prisons named in s. 302.01 without petitioning for
12revision of the order under sub. (5) (a).
AB150, s. 2474 13Section 2474. 48.38 (1) (a) of the statutes is amended to read:
AB150,934,1514 48.38 (1) (a) "Agency" means the department of health and social services, the
15department of corrections
, a county department or a licensed child welfare agency.
AB150, s. 2475 16Section 2475 . 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts
17377, 385 and 491, is amended to read:
AB150,935,218 48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure
19detention facility, juvenile portion of a county jail or shelter care facility, and the
20agency intends to recommend that the child be placed in a secured correctional
21facility or the department of corrections intends to recommend that custody of the
22child be transferred to the department of corrections for participation in the youthful
23serious juvenile offender program, the agency is not required to submit the
24permanency plan unless the court does not accept the recommendation of the agency
25or the department of corrections. If the court places the child in any facility outside

1of the child's home other than a secured correctional facility, the agency shall file the
2permanency plan with the court within 60 days after the date of disposition.
AB150, s. 2476 3Section 2476. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts
4377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
5read:
AB150,935,136 48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure
7detention facility, juvenile portion of a county jail or shelter care facility, and the
8agency intends to recommend that the child be placed in a secured correctional
9facility or in the serious juvenile offender program, the agency is not required to
10submit the permanency plan unless the court does not accept the recommendation
11of the agency. If the court places the child in any facility outside of the child's home
12other than a secured correctional facility, the agency shall file the permanency plan
13with the court within 60 days after the date of disposition.
****Note: This is reconciled s. 48.38 (3) (a). This Section has been affected by drafts with the
following LRB numbers: 2479/4 and 2481/3.
AB150, s. 2477 14Section 2477. 48.38 (5m) of the statutes is repealed.
AB150, s. 2478 15Section 2478. 48.39 of the statutes is amended to read:
AB150,935,20 1648.39 Disposition by court bars criminal proceeding. Disposition by the
17court of any violation of state law coming within its jurisdiction under s. 48.12 bars
18any future criminal proceeding on the same matter in circuit court when the child
19reaches the age of 18 17. This section does not affect criminal proceedings in circuit
20court which were transferred under s. 48.18.
AB150, s. 2479 21Section 2479. 48.396 (1) of the statutes is amended to read:
AB150,936,722 48.396 (1) Peace officers' records of children shall be kept separate from records
23of 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, s. 2480 8Section 2480. 48.396 (2) (b) of the statutes is amended to read:
AB150,936,149 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, s. 2481 15Section 2481. 48.415 (1) (a) 2. of the statutes is amended to read:
AB150,936,1916 48.415 (1) (a) 2. The child has been placed, or continued in a placement, outside
17the parent's home by a court order containing the notice required by s. 48.356 (2) and
18the parent has failed to visit or communicate with the child for a period of 6 3 months
19or longer; or
AB150, s. 2482 20Section 2482. 48.415 (1) (a) 3. of the statutes is amended to read:
AB150,936,2421 48.415 (1) (a) 3. The child has been left by the parent with a relative or other
22person, the parent knows or could discover the whereabouts of the child and the
23parent has failed to visit or communicate with the child for a period of one year 6
24months
or longer.
AB150, s. 2483 25Section 2483. 48.415 (1) (b) of the statutes is amended to read:
AB150,937,5
148.415 (1) (b) Incidental or occasional contact between parent and child shall
2not preclude the court from finding that the parent has failed to visit or communicate
3with the child under par. (a) 2. or 3. The time periods under par. (a) 2. or 3. shall not
4include any periods during which the parent has been prohibited by judicial order
5from visiting or communicating with the child.
AB150, s. 2484 6Section 2484. 48.415 (1) (c) of the statutes is amended to read:
AB150,937,107 48.415 (1) (c) A showing under par. (a) that abandonment has occurred may be
8rebutted by other evidence that the parent has not disassociated himself or herself
9from the child or relinquished
made a voluntary effort to fulfill his or her
10responsibility for the child's care and well-being.
AB150, s. 2485 11Section 2485. 48.415 (2m) of the statutes is created to read:
AB150,937,1312 48.415 (2m) Continuing alcohol or other drug abuse. Continuing alcohol or
13other drug abuse may be established by a showing of all of the following:
AB150,937,1914 (a) That the child has been adjudged to be in need of protection or services and
15placed, or continued in a placement, outside his or her home pursuant to one or more
16court orders under s. 48.345, 48.357, 48.363 or 48.365 containing the notice required
17by s. 48.356 (2) and the parent's abuse of alcohol or other drugs contributed to the
18court's decision to place the child, or continue the child's placement, outside his or her
19home.
AB150,937,2320 (b) That a condition for the return of the child to the home is the parent's
21participation in alcohol or other drug abuse treatment and the agency responsible
22for the care of the child and the family has made a diligent effort to provide that
23treatment.
AB150,938,3
1(c) That the child has been outside the home for a cumulative total period of 6
2months or longer under those orders and the parent has failed to participate actively
3and voluntarily in that treatment and continues to abuse alcohol or other drugs.
AB150, s. 2486 4Section 2486. 48.415 (5) (intro.) of the statutes is amended to read:
AB150,938,85 48.415 (5)Child abuse. (intro.) Child abuse may be established by a showing
6that the parent has exhibited a pattern of abusive behavior which is a substantial
7threat to the health of the child who is the subject of the petition and a showing of
8eithe
r of any of the following:
AB150, s. 2487 9Section 2487. 48.415 (6) (a) (intro.) and 1. of the statutes are consolidated,
10renumbered 48.415 (6) (b) and amended to read:
AB150,938,1811 48.415 (6) (b) Failure to assume parental responsibility may be established by
12a showing that a child is a nonmarital child who has not been adopted or whose
13parents have not subsequently intermarried under s. 767.60, that paternity was not
14adjudicated before the filing of the petition for termination of parental rights and:
151. The person or persons who may be the father of the child have been given notice
16under s. 48.42 but have failed to appear or otherwise submit to the jurisdiction of the
17court and that such person or persons have
the parent or a person who may be the
18parent has
never had a substantial parental relationship with the child; or.
AB150, s. 2488 19Section 2488. 48.415 (6) (a) 2. of the statutes is repealed.
AB150, s. 2489 20Section 2489. 48.415 (6) (b) of the statutes is renumbered 48.615 (6) (a) and
21amended to read:
AB150,938,2422 48.615 (6) (a) In this subsection, "substantial parental relationship" means the
23acceptance and exercise of significant responsibility for the daily supervision,
24education, protection and care of the child.
AB150,939,9
1(c) In evaluating whether the person has had a substantial parental
2relationship with the child, the court may consider such factors, including, but not
3limited to, whether the person has ever expressed concern for or interest in the
4support, care or well-being of the child or the mother during her pregnancy and
5whether the person has neglected or refused to provide care or support. If the person
6is or may be the father of the child, the court may also consider, in evaluating whether
7the person has had a substantial parental relationship with the child, whether the
8person has ever expressed concern for or interest in the support, care or well-being
9of the mother during her pregnancy.
AB150, s. 2490 10Section 2490. 48.415 (8) of the statutes is amended to read:
AB150,939,1611 48.415 (8) (title) Intentional homicide of parent or sibling. Intentional
12homicide of a parent or sibling may be established by a showing that a parent or
13sibling
of the child has been a victim of first-degree intentional homicide in violation
14of s. 940.01 or of 2nd-degree intentional homicide in violation of s. 940.05 and that
15the person whose parental rights are sought to be terminated has been convicted of
16that intentional homicide.
AB150, s. 2491 17Section 2491. 48.42 (1) (intro.) of the statutes is amended to read:
AB150,939,2218 48.42 (1)Petition. (intro.) A proceeding for the termination of parental rights
19shall be initiated by petition which may be filed by the child's parent, an agency or
20a person authorized to file a petition under s. 48.235 (4) (a) 3., 48.25 or 48.835. The
21petition shall be entitled "In the interest of .......... (child's name), a person under the
22age of 18" and shall set forth with specificity:
AB150, s. 2492 23Section 2492. 48.42 (1) (d) of the statutes is created to read:
AB150,939,2524 48.42 (1) (d) A statement of whether the child may be subject to the federal
25Indian child welfare act, 25 USC 1911 to 1963.
AB150, s. 2493
1Section 2493. 48.43 (1) (d) of the statutes is created to read:
AB150,940,72 48.43 (1) (d) The court's finding as to whether a county department which
3provides social services or the agency primarily responsible for the provision of
4services has made reasonable efforts to prevent the removal of the child from the
5home or, if applicable, that the agency primarily responsible for the provision of
6services has made reasonable efforts to make it possible for the child to return to his
7or her home.
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