SB436, s. 116
16Section
116. 48.415 (1) (title) and (a) to (h) of the statutes are created to read:
SB436,45,1717
48.415
(1) (title)
Grounds.
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(a) Abandonment.
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1(b) Continuing need of protection or services.
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(c) Continuing parental disability.
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(d) Continuing denial of periods of physical placement.
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(e) Child abuse.
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(f) Failure to assume parental responsibility.
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(g) Incestuous parenthood.
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(h)
Intentional homicide of a parent.
Note: Section 48.415 (intro.) states, "Grounds for termination of parental rights
shall be one of the following:", but the grounds are only listed in the titles of the
subsections which follow. Under s. 990.001 (6), titles are not part of the statutes.
SB436, s. 117
8Section
117. 48.42 (4) (c) 3. of the statutes is amended by replacing "40 days"
9with "15 days".
Note: The time for filing a notice of appeal was shortened from 40 days to 15 days
by the treatment of s. 808.04 (7m) by
1993 Wis. Act 395. Sub. (3) (d) of this section was
amended to reflect this change, but this provision was not.
SB436,47,1412
48.533
(2) Corrective sanctions program. From the appropriation under s.
1320.435 (3) (hr), the department shall provide a corrective sanctions program to serve
14an average daily population of 105 children, or an average daily population of more
15that than 105 children if the appropriation under s. 20.435 (3) (hr) is supplemented
16under s. 13.101 or 16.515 and the positions for the program are increased under s.
1713.101 or 16.505 (2), in not less than 3 counties, including Milwaukee county. The
18juvenile offender review program in the department shall evaluate and select for
19participation in the program children who have been placed in a secured correctional
20facility under s. 48.34 (4m). The department shall place a program participant in the
21community, provide intensive surveillance of that participant and provide an
1average of $5,000 per year per participant to purchase community-based treatment
2services for each participant. The department shall make the intensive surveillance
3required under this subsection available 24 hours a day, 7 days a week, and may
4purchase or provide electronic monitoring for the intensive surveillance of program
5participants. The department shall provide a report center in Milwaukee county to
6provide on-site programming after school and in the evening for children from
7Milwaukee county who are placed in the corrective sanctions program. A contact
8worker providing services under the program shall have a case load of approximately
910 children and, during the initial phase of placement in the community under the
10program of a child who is assigned to that contact worker, shall have not less than
11one face-to-face contact per day with that child. Case management services under
12the program shall be provided by a corrective sanctions agent who shall have a case
13load of approximately 15 children. The department shall promulgate rules to
14implement the program.
Note: 1995 Wis. Act 27 inserted "that" in place of "than" without showing the
change with strikes and underscores. No change was intended.
SB436,48,1917
48.533
(2) Corrective sanctions program. From the appropriation under s.
1820.410 (3) (hr), the department of corrections shall provide a corrective sanctions
19program to serve an average daily population of 105 children, or an average daily
20population of more
that than 105 children if the appropriation under s. 20.410 (3) (hr)
21is supplemented under s. 13.101 or 16.515 and the positions for the program are
22increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including
23Milwaukee County. The juvenile offender review program in the division of juvenile
1corrections in the department of corrections shall evaluate and select for
2participation in the program children who have been placed in the serious juvenile
3offender program under s. 48.34 (4h) or a secured correctional facility under s. 48.34
4(4m). The department of corrections shall place a program participant in the
5community, provide intensive surveillance of that participant and provide an
6average of $5,000 per year per participant to purchase community-based treatment
7services for each participant. The department of corrections shall make the intensive
8surveillance required under this subsection available 24 hours a day, 7 days a week,
9and may purchase or provide electronic monitoring for the intensive surveillance of
10program participants. The department of corrections shall provide a report center
11in Milwaukee County to provide on-site programming after school and in the
12evening for children from Milwaukee County who are placed in the corrective
13sanctions program. A contact worker providing services under the program shall
14have a case load of approximately 10 children and, during the initial phase of
15placement in the community under the program of a child who is assigned to that
16contact worker, shall have not less than one face-to-face contact per day with that
17child. Case management services under the program shall be provided by a
18corrective sanctions agent who shall have a case load of approximately 15 children.
19The department of corrections shall promulgate rules to implement the program.
Note: See the note to the previous section of this bill.
SB436, s. 120
20Section
120. 48.75 (1r) of the statutes is amended by replacing "s. 49.19 (12)"
21with "s. 48.62 (4)".
Note: There is no conflict of substance.
SB436, s. 122
4Section
122. 49.19 (5) (a) 1. of the statutes is amended to read:
SB436,49,95
49.19
(5) (a) 1. All earned income of each dependent child included in the grant
6who is:
a) a full-time student
; or
b) a part-time student who is not a full-time
7employe. For purposes of this subdivision a student is an individual attending a
8school, college, university or a course of vocational or technical training designed to
9fit him or her for gainful employment.
Note: Deletes improper numbering designations for greater conformity with
current style.
SB436, s. 123
10Section
123. 49.193 (1) (c) of the statutes is amended by replacing "vocational,
11technical and adult education" with "technical college system".
Note: The vocational, technical and adult education system was renamed the
technical college system by
1993 Wis. Act 399.
SB436,49,1814
49.45
(3) (a) Reimbursement shall be made to each county department under
15ss. 46.215
and, 46.22
and 46.23 for the administrative services performed in the
16medical assistance program on the basis of s. 49.33 (8). For purposes of
17reimbursement under this paragraph, assessments completed under s. 46.27 (6) (a)
18are administrative services performed in the medical assistance program.
Note: 1995 Wis. Act 27 deleted the stricken language and inserted the underscored
language without strikes and underscores. This amendment confirms that the changes
were intended.
SB436, s. 125
19Section
125. 49.47 (6) (a) 6. a. of the statutes is amended to read:
SB436,50,3
149.47
(6) (a) 6. a. In this subdivision
: 1),"entitled to coverage under part A of
2medicare" means eligible for and enrolled in part A of medicare under
42 USC 1395c 3to
1395f; 2).
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4ag. In this subdivision,"entitled to coverage under part B of medicare" means
5eligible for and enrolled in part B of medicare under
42 USC 1395j to
1395L; and 3).
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6ar. In this subdivision,"income limitation" means income that is equal to or less
7than 100% of the poverty line, as established under
42 USC 9902 (2).
Note: Amends provision for greater consistency with current style.
SB436, s. 126
8Section
126. 49.47 (6) (a) 6m. of the statutes is amended by replacing "subd.
96. a. and meets" with "subd. 6. ag. and meets".
Note: Amends cross-reference consistent with renumbering by this bill.
Note: Section 49.482 was created by
1995 Wis. Act 27 and all of s. 49.482, except
sub. (2) (g) was renumbered s. 49.682, eff. 7-1-96 by Act 27.
SB436,50,1614
49.682
(4) (a) The department may recover amounts under this section for the
15provision of aid provided under s. 49.68, 49.683 or 49.685 paid on
or and after
16September 1, 1995.
Note: Section 49.482 (4) (a) was created by
1995 Wis. Act 27, section
3044b. As
created this provision read ". . . on and after September 1, 1995". Section 3044i
renumbered the provision s. 49.682 (4) (a) and amended it. As amended, "and" was
replaced by "or" without using strikes and underscores. No change was intended.
SB436,51,3
149.723
(2) The board of trustees of a county infirmary
(, subject to regulations
2approved by the county board
), shall establish rules and regulations governing the
3admission and discharge of voluntary patients.
Note: Replaces parentheses for greater conformity with current style.
SB436, s. 130
4Section
130. 50.49 (1) (b) 4. of the statutes is amended to read:
SB436,51,65
50.49
(1) (b) 4. Medical supplies
(, other than drugs and biologicals
), and the
6use of medical appliances, while under such a plan;
Note: Replaces parentheses for greater conformity with current style.
SB436, s. 131
7Section
131. 51.13 (4) (a) of the statutes is renumbered 51.13 (4) (a) (intro.) and
8amended to read:
SB436,51,169
51.13
(4) (a) (intro.) Within 3 days of the admission of a minor under sub. (1),
10or within 3 days of application for
such admission
of the minor, whichever occurs
11first, the treatment director of the facility to which the minor is admitted or, in the
12case of a center for the developmentally disabled, the director of the center, shall file
13a verified petition for review of the admission in the court assigned to exercise
14jurisdiction under ch. 48 in the county in which the facility is located.
A copy of the
15application for admission and of any relevant professional evaluations shall be
16attached to the petition. The petition shall contain
all of the following:
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1
) the. The name, address and date of birth of the minor
;.
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2
) the. The names and addresses of the
minor's parents or guardian
;.
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3
) the. The facts substantiating the petitioner's belief in the minor's need for
20psychiatric services, or services for developmental disability, alcoholism or drug
21abuse
;.
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4
) the. The facts substantiating the appropriateness of inpatient treatment in
23the inpatient treatment facility
;.
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15
) the. The basis for
the petitioner's opinion that inpatient care in the facility
2is the least restrictive treatment consistent with the needs of the minor
; and.
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6
) notation. Notation of any statement made or conduct demonstrated by the
4minor in the presence of the director or staff of the facility indicating that inpatient
5treatment is against the wishes of the minor.
A copy of the application for admission
6and of any relevant professional evaluations shall be attached to the petition.
Note: Replaces improper subdivision designations and language and reorders text
for greater conformity with current style.
SB436, s. 132
7Section
132. 51.437 (7) (am) 3. of the statutes is amended to read:
SB436,52,138
51.437
(7) (am) 3. At least one-third of the members of every county
9developmental disabilities services board serving at any one time shall be appointed
10from the developmentally disabled citizens or their parents residing in a county with
11a single-county department of
development developmental disabilities services or
12in any of the counties with a multicounty department of developmental disabilities
13services.
Note: Inserts correct word.
SB436, s. 133
14Section
133. 51.45 (13) (f) of the statutes is amended to read:
SB436,53,415
51.45
(13) (f) The hearing shall be open, unless the person sought to be
16committed or the person's attorney moves that it be closed, in which case only persons
17in interest
(,including representatives of the county department in all cases
), and
18their attorneys and witnesses may be present. At the hearing the jury, or, if trial by
19jury is waived, the court, shall consider all relevant evidence, including, if possible,
20the testimony of at least one licensed physician who has examined the person whose
21commitment is sought. Ordinary rules of evidence shall apply to any such
22proceeding. The person whose commitment is sought shall be present and shall be
23given an opportunity to be examined by a court-appointed licensed physician. If the
1person refuses and there is sufficient evidence to believe that the allegations of the
2petition are true, or if the court believes that more medical evidence is necessary, the
3court may make a temporary order committing the person to the county department
4for a period of not more than 5 days for purposes of diagnostic examination.
Note: Replaces parentheses for greater conformity with current style.
SB436, s. 134
5Section
134. 51.45 (13) (g) of the statutes is renumbered 51.45 (13) (g) 1. (intro.)
6and amended to read:
SB436,53,97
51.45
(13) (g) 1. (intro.) The court shall make an order of commitment to the
8county department if, after hearing all relevant evidence, including the results of any
9diagnostic examination, the trier of fact finds
: 1) that all of the following:
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10a. That the allegations of the petition under par. (a) have been established by
11clear and convincing evidence
; and 2) that.
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12b. That there is a relationship between the alcoholic condition and the pattern
13of conduct during the 12-month period immediately preceding the time of petition
14which is dangerous to the person or others and that
such this relationship has been
15established to a reasonable medical certainty
; and 3) that.
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16c. That there is an extreme likelihood that the pattern of conduct will continue
17or repeat itself without the intervention of involuntary treatment or
18institutionalization.
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192. The court may not order commitment of a person unless it is shown by clear
20and convincing evidence that there is no suitable alternative available for the person
21and that the county department is able to provide appropriate and effective
22treatment for the individual.
Note: Subdivides provision and replaces language for greater consistency with
current style.
SB436, s. 135
23Section
135. 59.07 (13) (a) of the statutes is amended to read:
SB436,54,10
159.07
(13) (a)
Institutions, state farms, airports. Appropriate each year to any
2municipality and school district in which a county farm, hospital, charitable or penal
3institution or state hospital, charitable or penal institution or state-owned lands
4used for agricultural purposes or county or
municipally-owned municipally owned 5airport is located, an amount of money equal to the amount which would have been
6paid in municipal and school tax upon the lands without buildings, if
such land those
7lands were privately owned. The valuation of
such
the lands
(,without buildings
), 8and computation of the tax shall be made by the board. In making
such the
9computation
under this paragraph, lands on which a courthouse or jail are located
10and unimproved county lands shall not be included.
Note: Deletes parentheses, corrects spelling and replaces language for greater
conformity with current style.
Note: Replaces word form of number with digits consistent with current style.
SB436, s. 136
11Section
136. 59.10 of the statutes is amended to read:
SB436,54,16
1259.10 Neglect of duty. Any supervisor who refuses or neglects to perform any
13of the duties which are required of the supervisor by law as a member of the county
14board of supervisors, without just cause therefor, shall for each such refusal or
15neglect forfeit
a sum of not less than
fifty $50 nor more than
two hundred dollars 16$200.
SB436, s. 137
17Section
137. 59.13 (1) (a) of the statutes is amended by replacing "two
18thousand dollars" with "$2,000".
Note: Replaces word form of number with digits consistent with current style.
SB436, s. 138
19Section
138. 59.13 (1) (c) of the statutes is amended to read:
SB436,54,2120
59.13
(1) (c) Sheriff, not less than
five $5,000 nor more than
twenty-five
21thousand dollars $25,000, with not less than
three 3 sureties.
Note: Replaces word form of number with digits consistent with current style.
SB436, s. 139
1Section
139. 59.13 (1) (d) of the statutes is amended to read:
SB436,55,32
59.13
(1) (d) Coroner, not less than
five hundred $500 nor more than
ten
3thousand dollars $10,000, with not less than
two 2 sureties.
Note: Replaces word form of number with digits consistent with current style.
SB436, s. 140
4Section
140. 59.13 (1) (e) of the statutes is amended to read:
SB436,55,65
59.13
(1) (e) Clerk of the circuit court, not less than
five thousand dollars 6$5,000, with
two 2 or more sureties.
Note: Replaces word form of number with digits consistent with current style.
SB436, s. 141
7Section
141. 59.13 (1) (i) of the statutes is amended to read: