97 Wis. Act , s. 697 - continued
938.357 (2r) If a hearing is held under sub. (1) or (2m) and the change in placement would remove a juvenile from a foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit give the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested change in placement. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) or (2m) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
,69897 Wis. Act , s. 698
Section 698.
938.357 (5m) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:
97 Wis. Act , s. 698 - continued
938.357 (5m) If a proposed change in placement changes a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and listing the factors that a court may consider under s. 46.10 301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 46.10 301.12 (14).
,69997 Wis. Act , s. 699
Section 699.
938.36 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
97 Wis. Act , s. 699 - continued
938.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the juvenile by a disposition made under s. 938.183, 938.34 or 938.345 or by a change in placement under s. 938.357, the duty of the parent or guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the juvenile shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department of corrections, or a county department under s. 46.215, 46.22, or 46.23, 51.42 or 51.437, shall be determined under s. 46.10 301.12 (14). Support payments for residential services, when purchased or otherwise funded by the department of health and family services, or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10 (14).
,70097 Wis. Act , s. 700
Section 700.
938.36 (2) of the statutes is amended to read:
97 Wis. Act , s. 700 - continued
938.36 (2) If a juvenile whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost thereof, if ordered by the court, shall be a charge upon the county. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay. This subsection is subject to s. 46.03 301.03 (18).
,70197 Wis. Act , s. 701
Section 701.
938.363 (1m) of the statutes, as affected by 1997 Wisconsin Acts 35 and 80, is amended to read:
97 Wis. Act , s. 701 - continued
938.363 (1m) If a hearing is held under sub. (1), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall permit give a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of revision. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
,70297 Wis. Act , s. 702
Section 702.
938.365 (1) of the statutes is amended to read:
97 Wis. Act , s. 702 - continued
938.365 (1) In this section, "2 or more years" means a period of time that begins with the first placement of the juvenile a juvenile is considered to have been placed outside of his or her home pursuant to an order under this section or s. 938.345, 938.357 or 938.363 and includes any period of time in which the juvenile returned home, unless the periods of time at home account for the majority of the time since the first placement on the date on which the juvenile was first placed outside of his or her home pursuant to an order under this section or s. 938.345, 938.357 or 938.363 or on the date that is 60 days after the date on which the juvenile was removed from his or her home, whichever is earlier.
,70397 Wis. Act , s. 703
Section 703.
938.365 (2g) (b) 2. of the statutes is amended to read:
97 Wis. Act , s. 703 - continued
938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, a description of efforts to return the juvenile safely to his or her home, including efforts of the parents to remedy factors which contributed to the juvenile's placement and, if continued placement outside of the juvenile's home is recommended, an explanation of why returning the juvenile to his or her home is not safe or feasible.
,70497 Wis. Act , s. 704
Section 704.
938.365 (2g) (b) 3. of the statutes is amended to read:
97 Wis. Act , s. 704 - continued
938.365 (2g) (b) 3. If the juvenile has been placed outside of his or her home for 2 or more years 15 of the most recent 22 months, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the juvenile. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the juvenile and whether or not the juvenile should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the juvenile be registered with the adoption information exchange or report the reason why registering the juvenile is contrary to the best interest of the juvenile.
,70597 Wis. Act , s. 705
Section 705.
938.365 (2m) (a) of the statutes is amended to read:
97 Wis. Act , s. 705 - continued
938.365 (2m) (a) Any party may present evidence relevant to the issue of extension. The court shall make findings of fact and conclusions of law based on the evidence, including. Subject to s. 938.355 (2d), the findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the juvenile to make it possible for the juvenile to return safely to his or her home. An order shall be issued under s. 938.355.
,70697 Wis. Act , s. 706
Section 706.
938.365 (2m) (ag) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read:
97 Wis. Act , s. 706 - continued
938.365 (2m) (ag) In addition to any evidence presented under par. (a), the court shall permit give a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. Any written or oral statement made under this paragraph shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (2) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
,70797 Wis. Act , s. 707
Section 707.
938.38 (3) (intro.) of the statutes is amended to read:
97 Wis. Act , s. 707 - continued
938.38 (3) TIME. (intro.) The Subject to s. 938.355 (2d) (c), the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first held in physical custody or placed outside of his or her home under a court order, except under either of the following conditions:
,70897 Wis. Act , s. 708
Section 708.
938.38 (4) (a) of the statutes is amended to read:
97 Wis. Act , s. 708 - continued
938.38 (4) (a) The services offered and any service provided in an effort to prevent holding or placing the juvenile outside of his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to make it possible for the juvenile to return safely home, except that the permanency plan need not include a description of those services offered or provided with respect to a parent of the juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.
,70997 Wis. Act , s. 709
Section 709.
938.38 (4) (bm) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:
97 Wis. Act , s. 709 - continued
938.38 (4) (bm) The availability of a safe and appropriate placement with a relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, why placement with the relative is not safe or appropriate.
,71097 Wis. Act , s. 710
Section 710.
938.38 (4) (e) of the statutes is amended to read:
97 Wis. Act , s. 710 - continued
938.38 (4) (e) The safety and appropriateness of the placement and of the services provided to meet the needs of the juvenile and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the juvenile or, if available, why such services are not safe or appropriate.
,71197 Wis. Act , s. 711
Section 711.
938.38 (4) (f) 1. of the statutes is amended to read:
97 Wis. Act , s. 711 - continued
938.38 (4) (f) 1. Ensure proper care and treatment of the juvenile and promote safety and stability in the placement.
,71297 Wis. Act , s. 712
Section 712.
938.38 (4) (f) 3. of the statutes is amended to read:
97 Wis. Act , s. 712 - continued
938.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe return of the juvenile to his or her home, or, if appropriate, obtain an alternative permanent placement for the juvenile.
,71397 Wis. Act , s. 713
Section 713.
938.38 (4) (fm) of the statutes is created to read:
97 Wis. Act , s. 713 - continued
938.38 (4) (fm) If the permanency plan calls for placing the juvenile for adoption, with a guardian or in some other alternative permanent placement, the efforts made to place the juvenile for adoption, with a guardian or in some other alternative permanent placement.
,71497 Wis. Act , s. 714
Section 714.
938.38 (4) (g) of the statutes is amended to read:
97 Wis. Act , s. 714 - continued
938.38 (4) (g) The conditions, if any, upon which the juvenile will be returned safely to his or her home, including any changes required in the parents' conduct, the juvenile's conduct or the nature of the home.
,71597 Wis. Act , s. 715
Section 715.
938.38 (5) (b) of the statutes is amended to read:
97 Wis. Act , s. 715 - continued
938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile if he or she is 10 years of age or older and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility in which the juvenile is living of the date, time and place of the review, of the issues to be determined as part of the review, of the fact that they may submit have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review and of the fact that they may participate in or by participating at the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem of the date of the review, of the issues to be determined as part of the review and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.
,71697 Wis. Act , s. 716
Section 716.
938.38 (5) (c) 1. of the statutes is amended to read:
97 Wis. Act , s. 716 - continued
938.38 (5) (c) 1. The continuing necessity for and the safety and appropriateness of the placement.
,71797 Wis. Act , s. 717
Section 717.
938.38 (5) (c) 4. of the statutes is amended to read:
97 Wis. Act , s. 717 - continued
938.38 (5) (c) 4. The progress toward eliminating the causes for the juvenile's placement outside of his or her home and toward returning the juvenile safely to his or her home or obtaining a permanent placement for the juvenile.
,71897 Wis. Act , s. 718
Section 718.
938.38 (5) (c) 5. of the statutes is amended to read:
97 Wis. Act , s. 718 - continued
938.38 (5) (c) 5. The date by which it is likely that the juvenile will be returned to his or her home, or placed for adoption, placed under legal guardianship or otherwise permanently placed with a guardian or in some other alternative permanent placement.
,71997 Wis. Act , s. 719
Section 719.
938.38 (5) (c) 6. (intro.) of the statutes is amended to read:
97 Wis. Act , s. 719 - continued
938.38 (5) (c) 6. (intro.) If the juvenile has been placed outside of his or her home for 2 years or more, as described in s. 938.365 (1), for 15 of the most recent 22 months, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:
,72097 Wis. Act , s. 720
Section 720.
938.38 (5) (c) 6. a. of the statutes is amended to read:
97 Wis. Act , s. 720 - continued
938.38 (5) (c) 6. a. Being returned safely to his or her home.
,72197 Wis. Act , s. 721
Section 721.
938.38 (5) (c) 7. of the statutes is amended to read:
97 Wis. Act , s. 721 - continued
938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the juvenile to return safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.
,72297 Wis. Act , s. 722
Section 722.
938.38 (6) (c) of the statutes is amended to read:
97 Wis. Act , s. 722 - continued
938.38 (6) (c) Standards for reasonable efforts to prevent placement of juveniles outside of their homes, while assuring that their health and safety are the paramount concerns, and to make it possible for juveniles to return safely to their homes if they have been placed outside of their homes.
,722c97 Wis. Act , s. 722c
Section 722c.
939.74 (2) (c) of the statutes is amended to read:
97 Wis. Act , s. 722c - continued
939.74 (2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03, 948.04 (2) (a), 948.05, 948.06, 948.07 (1), (2), (3) or (4), 948.08 or 948.095 shall be commenced before the victim reaches the age of 26 31 years, or be barred.
,722d97 Wis. Act , s. 722d
Section 722d.
939.74 (2) (cm) of the statutes is created to read:
97 Wis. Act , s. 722d - continued
939.74 (2) (cm) A prosecution for violation of s. 948.03 (2) (b) or (c), (3) or (4), 948.04 or 948.07 (5) or (6) shall be commenced before the victim reaches the age of 26 years or be barred.
,722e97 Wis. Act , s. 722e
Section 722e.
939.74 (2) (d) of the statutes is repealed.
,722g97 Wis. Act , s. 722g
Section 722g.
940.09 (1d) of the statutes is amended to read:
97 Wis. Act , s. 722g - continued
940.09 (1d) If the person who committed an offense under sub. (1) (a) or (b) has 2 or more prior convictions, suspensions or revocations in a 10-year period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.
,722i97 Wis. Act , s. 722i
Section 722i.
940.25 (1d) of the statutes is amended to read:
97 Wis. Act , s. 722i - continued
940.25 (1d) If the person who committed the offense under sub. (1) (a) or (b) has 2 or more prior convictions, suspensions or revocations in a 10-year period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.
,722k97 Wis. Act , s. 722k
Section 722k.
950.04 (1v) (nn) of the statutes is created to read:
97 Wis. Act , s. 722k - continued
950.04 (1v) (nn) To attend parole interviews or hearings and make statements as provided under s. 304.06 (1) (eg).
,722L97 Wis. Act , s. 722L
Section 722L.
950.06 (2) of the statutes is amended to read:
97 Wis. Act , s. 722L - continued
950.06 (2) The costs of enforcing rights under s. 950.04 and providing services under s. 950.05 shall be paid for by the county, but the county is eligible to receive reimbursement from the state for the costs incurred in providing services under s. 950.05. For costs incurred on or after January 1, 1982, the county is eligible to receive funding from the state for not more than 90% of the costs incurred in providing services under s. 950.05. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse the counties under this subsection from the appropriation under s. 20.455 (5) (kk) and, on a semiannual basis, from the appropriations under s. 20.455 (5) (c) and (g) on a semiannual basis for services provided. If a county has a program plan approved after July 2, 1983, the department may reimburse the county only for services provided on or after January 1, 1984.
,722m97 Wis. Act , s. 722m
Section 722m.
950.06 (2) of the statutes, as affected by 1997 Wisconsin Acts 181 and .... (this act), is repealed and recreated to read:
97 Wis. Act , s. 722m - continued
950.06 (2) The costs of providing services under sub. (1m) shall be paid for by the county, but the county is eligible to receive reimbursement from the state for not more than 90% of the costs incurred in providing those services. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse counties under this subsection from the appropriation under s. 20.455 (5) (kk) and, on a semiannual basis, from the appropriations under s. 20.455 (5) (c) and (g).
,722p97 Wis. Act , s. 722p
Section 722p.
1997 Wisconsin Act 27, section 94m is repealed.
,722q97 Wis. Act , s. 722q
Section 722q.
1997 Wisconsin Act 27, section 158m is repealed.
,722s97 Wis. Act , s. 722s
Section 722s.
1997 Wisconsin Act 27, section 1164g is repealed.
,722u97 Wis. Act , s. 722u
Section 722u.
1997 Wisconsin Act 27, sections 4315p, 4315r and 4315s are repealed.
,722w97 Wis. Act , s. 722w
Section 722w.
1997 Wisconsin Act 27, section 9123 (10g) (a) is amended to read:
97 Wis. Act , s. 722w - continued
[1997 Wisconsin Act 27] Section 9123 (10g) (a) (title) Mobile Use of mammography van and other breast cancer screening devices. The secretary of health and family services shall submit to the chairpersons of the joint committee on finance a plan that details the budget and criteria to be used in awarding a grant grants for the performance of breast cancer screening activities with the use of a mobile mammography van. If the joint committee on finance approves the plan, it may supplement the appropriation under section 20.435 (5) (cc) of the statutes, as affected by this act, for breast cancer screening activities with the use of a mobile mammography van. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists.
,722x97 Wis. Act , s. 722x
Section 722x.
1997 Wisconsin Act 27, section 9124 (2c) is amended to read:
97 Wis. Act , s. 722x - continued
[1997 Wisconsin Act 27] Section 9124 (2c) TOURING EXHIBIT OF WISCONSIN STATE CAPITOL. In cooperation with the joint committee on legislative organization, the historical society shall, during fiscal year 1997-98 the 1997-99 fiscal biennium, provide a touring exhibit detailing the history of the Wisconsin state capitol, and solicit donations to finance the exhibit. The historical society may provide the exhibit and solicit the donations either directly or through a nonprofit organization.
,72397 Wis. Act , s. 723
Section 723.
1997 Wisconsin Act 27, section 9132 (1xyg) is amended to read:
97 Wis. Act , s. 723 - continued
[1997 Wisconsin Act 27] Section 9132 (1xyg) STUDY OF STATE CENTERS FOR THE DEVELOPMENTALLY DISABLED. The department of health and family services shall conduct a study on the future of the state centers for the developmentally disabled and, by September 1, 1998 December 1, 1998, shall submit a report containing the department's findings and conclusions in the manner provided under section 13.172 (2) of the statutes and to the governor.
,723e97 Wis. Act , s. 723e
Section 723e.
1997 Wisconsin Act 27, section 9132 (2g) is amended to read:
97 Wis. Act , s. 723e - continued
[1997 Wisconsin Act 27] Section 9132 (2g) TOURING EXHIBIT OF WISCONSIN STATE CAPITOL. The joint committee on legislative organization, in cooperation with the state historical society of Wisconsin or a nonprofit organization designated by the society for this purpose, shall establish a touring exhibit dealing with the history of the Wisconsin state capitol through photographs, videotapes and artifacts. For this purpose, the committee may authorize expenditures of not more than a total of $100,000 in fiscal year 1997-98 the 1997-99 fiscal biennium from the appropriation under section 20.765 (1) (d) of the statutes, as affected by this act, at such times as the committee determines, within the amounts budgeted for that appropriation in the schedule under section 20.005 (3) of the statutes, to support production and circulation of the exhibit upon notification by the state historical society of Wisconsin to the cochairpersons of the committee that the society or the nonprofit organization has received matching donations in the same amounts to finance the exhibit.
,72497 Wis. Act , s. 724
Section 724.
1997 Wisconsin Act 27, section 9137 (4eq) (a) is amended to read:
97 Wis. Act , s. 724 - continued
[1997 Wisconsin Act 27] Section 9137 (4eq) (a) During the 1997-99 fiscal biennium, from the appropriation under section 20.370 (2) (da) of the statutes, as created by this act, the department of natural resources shall make a payment to each person who received a waste tire reimbursement grant under sections NR 555.08 to 555.12, Wisconsin Administrative Code, for waste tires used during 1995 if the grant was prorated. The payment may not exceed the amount by which the grant was reduced because it was prorated. The total amount of the payments under this paragraph may not exceed $1,135,700 $1,186,200.
,72597 Wis. Act , s. 725
Section 725.
1997 Wisconsin Act 27, section 9143 (2e) is repealed.
,725dm97 Wis. Act , s. 725dm
Section 725dm.
1997 Wisconsin Act 27, section 9143 (7k) is repealed.
,725e97 Wis. Act , s. 725e
Section 725e.
1997 Wisconsin Act 27, section 9256 (3x) (a) 2. is repealed.
,725m97 Wis. Act , s. 725m
Section 725m.
1997 Wisconsin Act 27, section 9256 (3x) (b) 2. is repealed.
,725s97 Wis. Act , s. 725s
Section 725s.
1997 Wisconsin Act 27, section 9256 (3x) (c) 2. is repealed.
,726m97 Wis. Act , s. 726m
Section 726m.
1997 Wisconsin Act 27, section 9256 (3x) (d) is repealed.
,727e97 Wis. Act , s. 727e
Section 727e.
1997 Wisconsin Act 27, section 9256 (3x) (e) is repealed.
,727g97 Wis. Act , s. 727g
Section 727g.
1997 Wisconsin Act 27, section 9437 (7eq) is amended to read:
97 Wis. Act , s. 727g - continued
[1997 Wisconsin Act 27] Section 9437 (7eq) TIRE WASTE. The repeal of section 20.370 (2) (da) of the statutes takes effect on June 30, 1999 2000.