AB378: Bill Text

AB378, s. 90 Section 90. The amendment of 48.299 (6) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 275. Both treatments stand.

Note: There is no conflict of substance.

AB378, s. 91 Section 91. 48.299 (7) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

AB378,29,18 48.299 (7) If a man who has been given notice under s. 48.27 (3) (b) 1. appears at any hearing for which he received the notice but does not allege that he is the father of the child and state that he wishes to establish the paternity of the child or if no man to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) for a determination, under s. 767.45, of whether an action should be brought for the purpose of determining the paternity of the child.

Note: 1995 Wis. Act 201 renumbered s. 59.458 (1) to s. 59.53 (6) (a).

AB378, s. 92 Section 92. The treatment of 48.31 (4) of the statutes by 1995 Wisconsin Act 275 is not repealed by 1995 Wisconsin Act 448. All treatments stand.

Note: There is no conflict of substance.

AB378, s. 93 Section 93. 48.357 (4m) of the statutes, as affected by 1995 Wisconsin Act 77, is repealed.

Note: Section 48.357 (4m) was inadvertently retained by 1995 Wis. Act 77. Section 48.357 (4m) relates to aftercare supervision under s. 48.357 (4), which was repealed by 1995 Wis. Act 77.

AB378, s. 94 Section 94. 48.366 (1) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB378,30,7 48.366 (1) (a) (intro.) Subject to par. (c), if the person committed any crime specified under s. 940.01, 940.02, 940.05, 940.21 or, 940.225 (1) (a) to (c), 948.03 or 948.04, is adjudged delinquent on that basis and is placed in a secured correctional facility under s. 48.34 (4m), 1993 stats., the court shall enter an order extending its jurisdiction as follows:

Note: Section 48.34 (4m) was repealed by 1995 Wis. Act 77.

AB378, s. 95 Section 95. 48.38 (6) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, section 9126 (19), is amended to read:

AB378,30,11  48.38 (6) Rules. (intro.) The department of health and family services shall promulgate rules establishing the following:

Note: Effective July 1, 1996, s. 48.02 (4) defines "department" to mean the department of health and family services when used in ch. 48.

AB378, s. 96 Section 96. 48.396 (2) (dm) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

AB378,31,3 48.396 (2) (dm) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) or a party to a paternity proceeding under ss. 767.45 to 767.60, the party's attorney or the guardian ad litem for the child who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity under s. 891.405 or 891.41, the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records.

Note: 1995 Wis. Act 201 renumbered s. 59.458 (1) to s. 59.53 (6) (a).

AB378, s. 97 Section 97. 48.415 (1) (title) and (a) to (h) of the statutes, as created by 1995 Wisconsin Act 225, are repealed.

Note: The treatment of s. 48.415 by 1995 Wis. Act 275 rendered s. 48.415 (1) (title) and (a) to (h), as created by 1995 Wis. Act 225, surplusage. Confirms the treatment of s. 48.415 by the revisor as shown in the printed statute volumes.

AB378, s. 98 Section 98. 48.415 (1) (intro.) and (1m) of the statutes, as affected by 1995 Wisconsin Act 225, are renumbered 48.415 (intro.) and (1).

Note: Reconciles the treatment of s. 48.415 by 1995 Wis. Acts 225 and 275.

AB378, s. 99 Section 99. 48.415 (9) (a) of the statutes, as affected by 1995 Wisconsin Act 275, is amended to read:

AB378,31,17 48.415 (9) (a) Parenthood as a result of sexual assault, which shall be established by proving that the child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2) or 948.025. Conception final as a result of sexual assault as specified in this paragraph may be proved by a final judgment of conviction or other evidence produced at a fact-finding hearing under s. 48.424 indicating that the person who may be the father of the child committed, during a possible time of conception, a sexual assault as specified in this paragraph against the mother of the child.

Note: As the result of an error in engrossing 1995 Wis. Act 275 "final" was inserted in the wrong location.

AB378, s. 100 Section 100. 48.42 (4) (c) 3. of the statutes, as affected by 1995 Wisconsin Acts 225 and 275, is amended to read:

AB378,32,3 48.42 (4) (c) 3. That if the court terminates parental rights, a notice of intent to pursue relief from the judgment must be filed in the trial court within 15 30 days after judgment is entered for the right to pursue such relief to be preserved.

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 225 and 275, adopting the substantive amendment made by Act 275 over the nonsubstantive correction made by Act 225.

AB378, s. 101 Section 101. 48.44 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB378,32,8 48.44 (1) The court has jurisdiction over persons 17 years of age or older as provided under ss. 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.

Note: Adds "years of age" for clarity and consistency with current style.

AB378, s. 102 Section 102. 48.45 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,32,17 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 years of age or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.

Note: Adds "years of age" for clarity and consistency with current style.

AB378, s. 103 Section 103. 48.45 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB378,33,2 48.45 (3) If it appears at a court hearing that any person 17 years of age or older has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

Note: Adds "years of age" for clarity and consistency with current style.

AB378, s. 104 Section 104. 48.48 (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, sections 2526 and 9126 (19), is amended to read:

AB378,33,6 48.48 (title) Authority of department of health and family services. (intro.) The department of health and family services shall have authority:

Note: Effective July 1, 1996, s. 48.02 (4) defines "department" to mean the department of health and family services when used in ch. 48.

AB378, s. 105 Section 105. 48.55 of the statutes, as affected by 1995 Wisconsin Act 266, is amended to read:

AB378,33,15 48.55 State adoption information exchange. The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes. The department shall adopt rules governing the adoption information exchange and, from the appropriation under s. 20.435 (6) (3) (dg), may provide not more than $75,000 in each fiscal year as grants to individuals and private agencies for adoption information exchange services.

Note: 1995 Wis. Act 27 renumbered s. 20.435 (6) (dg) to s. 20.435 (3) (dg).

AB378, s. 106 Section 106. 48.57 (3m) (am) 4. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

AB378,34,3 48.57 (3m) (am) 4. The county department conducts a background investigation under sub. (3p) of the kinship care relative, the employes any employe and prospective employes employe of the kinship care relative who have has or would have regular contact with the child for whom the payments would be made and any other adult resident of the kinship care relative's home to determine if the kinship care relative, employe, prospective employe or adult resident has any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child.

Note: Adds and amends language for internal consistency.

AB378, s. 107 Section 107. 48.57 (3m) (b) 1. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

AB378,34,8 48.57 (3m) (b) 1. The county department shall refer to the attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am).

Note: 1995 Wis. Act 201 renumbered s. 59.458 (1) to s. 59.53 (6) (a).

AB378, s. 108 Section 108. 48.57 (3p) (c) 3. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

AB378,34,17 48.57 (3p) (c) 3. Before a person that who is receiving payments under sub. (3m) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1. or 2.

Note: Inserts correct word.

AB378, s. 109 Section 109. 48.57 (3p) (g) 1. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

AB378,35,2 48.57 (3p) (g) 1. The person has been convicted of a violation of ch. 161 961 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 961 that is punishable as a felony if committed in this state.

Note: Inserts correct cross-references. Chapter 161 was renumbered to ch. 961 by 1995 Wis. Act 448.

AB378, s. 110 Section 110. 48.57 (3p) (g) 2. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

AB378,35,9 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the applicant or other person would be subject to a penalty specified in any of those sections if convicted in this state.

Note: Deletes unnecessary phrase. "Person" would include an applicant.

AB378, s. 111 Section 111. 48.57 (3p) (g) 3. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

AB378,35,23 48.57 (3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the county department may make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

Note: Amends provision consistent with the amendments to s. 48.57 (3m) and (3p) (g) (intro.) by 1995 Wis. Act 289 effective July 1, 1997.

AB378, s. 112 Section 112. 48.65 (1m) (g) 1. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

AB378,36,6 48.65 (1m) (g) 1. The person has been convicted of a violation of ch. 161 961 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 961 that is punishable as a felony if committed in this state.

Note: Inserts correct cross-references. Chapter 161 was renumbered to ch. 961 by 1995 Wis. Act 448.

AB378, s. 113 Section 113. 48.651 (2) (g) 1. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

AB378,36,12 48.651 (2) (g) 1. The person has been convicted of a violation of ch. 161 961 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 961 that is punishable as a felony if committed in this state.

Note: Inserts correct cross-references. Chapter 161 was renumbered to ch. 961 by 1995 Wis. Act 448.

AB378, s. 114 Section 114. 48.675 (3) (intro.) of the statutes is amended to read:

AB378,36,18 48.675 (3)  Support services. (intro.) The department shall provide funds from the appropriations appropriation under s. 20.435 (3) (ho) and (6) (a) to enable foster parents and treatment foster parents to attend education programs approved under sub. (2) and shall promulgate rules concerning disbursement of the funds. Moneys disbursed under this subsection may be used for the following purposes:

Note: 1995 Wis. Act 27 repealed s. 20.435 (3) (ho) effective 7-1-96.

AB378, s. 115 Section 115. 48.92 (2) of the statutes is amended to read:

AB378,37,6 48.92 (2) After the order of adoption is entered the relationship of parent and child between the adopted person and the adoptive adopted person's birth parents, unless the birth parent is the spouse of the adoptive parent, shall be completely altered and all the rights, duties and other legal consequences of the relationship shall cease to exist. Notwithstanding the extinction of all parental rights under this subsection, a court may order reasonable visitation under s. 48.925.

Note: Corrects error in transcribing 1991 Wis. Act 316.

AB378, s. 116 Section 116. 48.977 (4) (cm) 2. of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

AB378,37,13 48.977 (4) (cm) 2. If the petition is not contested and if the court accepts the plea of no contest, the court may immediately proceed to a dispositional hearing under par. (f) (fm), unless an adjournment is requested. If a party requests an adjournment, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 30 days after the plea hearing.

Note: Inserts correct cross-reference. There is no s. 48.977 (4) (f). Dispositional hearings are under s. 48.977 (4) (fm).

AB378, s. 117 Section 117. 48.977 (4) (cm) 3. of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

AB378,37,19 48.977 (4) (cm) 3. If the petition is contested or if the court does not accept the plead plea of no contest, the court shall set a date for a fact-finding hearing under par. (d) which allows reasonable time for the parties to prepare but is not more than 30 days after the plea hearing.

Note: Inserts correct word.

AB378, s. 118 Section 118. 48.977 (4) (e) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

AB378,38,6 48.977 (4) (e) Court report. The court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court a report containing the written summary under s. 48.38 (5) (e) and as much information relating to the appointment of a guardian as is reasonably ascertainable. The agency shall file the report at least 48 hours before the date of the dispositional hearing under par. (f) (fm).

Note: Inserts correct cross-reference. There is no s. 48.977 (4) (f). Dispositional hearings are under s. 48.977 (4) (fm).

AB378, s. 119 Section 119. 49.025 (3) of the statutes is amended to read:

AB378,38,11 49.025 (3) Use of relief block grant funds. A county may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse.

Note: Deletes language inadvertently inserted into the wrong provision.

AB378, s. 120 Section 120. 49.19 (11s) (d) of the statutes, as created by 1995 Wisconsin Act 12, is amended to read:

AB378,38,17 49.19 (11s) (d) From the appropriation under s. 20.435 (4) 20.445 (3) (a), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing family planning education services to persons who are subject to par. (b).

Note: 1995 Wis. Act 27 renumbered s. 20.435 (4) (a) to be s. 20.445 (3) (a) effective 7-1-96.

AB378, s. 121 Section 121. 49.193 (3m) (c) of the statutes, as created by 1995 Wisconsin Act 12, is amended to read: