Note: 1995 Wis. Act 404 renumbered the remainder of s. 46.979 to be s. 49.131 and
renumbered s. 46.98 (2m) and (3) to be s. 49.132 (2m) and (3).
Note: Makes a technical correction. This provision is not an introductory
paragraph under the current statute numbering system.
AB378, s. 85
5Section
85. 48.21 (3) (a) of the statutes is renumbered 48.21 (3) (am).
Note: See the previous section of this bill.
AB378, s. 86
6Section
86. 48.21 (3) (e) of the statutes is amended to read:
AB378,28,137
48.21
(3) (e) If the parent, guardian or legal custodian or the child is not
8represented by counsel at the hearing and the child is continued in custody as a result
9of the hearing, the parent, guardian, legal custodian or child may request through
10counsel subsequently appointed or retained or through a guardian ad litem that the
11order to hold the child in custody be reheard. If the request is made, a rehearing shall
12take place as soon as
may be possible. Any order to hold the child in custody shall
13be subject to rehearing for good cause, whether or not counsel was present.
Note: Deletes unnecessary language.
AB378, s. 87
14Section
87. 48.243 (2) of the statutes is renumbered 48.243 (4).
Note: Renumbers provision for more logical placement.
AB378,28,2017
48.29
(3) Subsections (1)
to and (1m) do not apply in any proceeding under s.
1848.375 (7). For proceedings under s. 48.375 (7), the minor may select the judge whom
19she wishes to be assigned to the proceeding and that judge shall be assigned to the
20proceeding.
Note: Inserts correct word.
AB378,29,73
48.297
(3) Motions to suppress evidence as having been illegally seized or
4statements
as having been illegally obtained shall be made before fact-finding on the
5issues. The court may entertain the motion at the fact-finding hearing if it appears
6that a party is surprised by the attempt to introduce such evidence and that party
7waives jeopardy.
Note: Repeats phrase for better parallel construction.
Note: There is no conflict of substance.
AB378,29,1812
48.299
(7) If a man who has been given notice under s. 48.27 (3) (b) 1. appears
13at any hearing for which he received the notice but does not allege that he is the
14father of the child and state that he wishes to establish the paternity of the child or
15if no man to whom such notice was given appears at a hearing, the court may refer
16the matter to the state or to the attorney responsible for support enforcement under
17s.
59.458 (1) 59.53 (6) (a) for a determination, under s. 767.45, of whether an action
18should be brought for the purpose of determining the paternity of the child.
Note: There is no conflict of substance.
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.
AB378,30,73
48.366
(1) (a) (intro.) Subject to par. (c), if the person committed any crime
4specified under s. 940.01, 940.02, 940.05, 940.21
or, 940.225 (1) (a) to (c), 948.03 or
5948.04, is adjudged delinquent on that basis and is placed in a secured correctional
6facility under s. 48.34 (4m),
1993 stats., the court shall enter an order extending its
7jurisdiction as follows:
AB378,30,11
10 48.38
(6) Rules. (intro.) The department
of health and family services shall
11promulgate 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.
AB378,31,314
48.396
(2) (dm) Upon request of a court having jurisdiction over actions
15affecting the family, an attorney responsible for support enforcement under s.
59.458
16(1) 59.53 (6) (a) or a party to a paternity proceeding under ss. 767.45 to 767.60, the
17party's attorney or the guardian ad litem for the child who is the subject of that
18proceeding to review or be provided with information from the records of the court
19assigned to exercise jurisdiction under this chapter and ch. 938 relating to the
20paternity of a child for the purpose of determining the paternity of the child or for the
21purpose of rebutting the presumption of paternity under s. 891.405 or 891.41, the
1court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for
2inspection by the requester its records relating to the paternity of the child or disclose
3to the requester those records.
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.
AB378,31,1710
48.415
(9) (a) Parenthood as a result of sexual assault, which shall be
11established by proving that the child was conceived as a result of a sexual assault in
12violation of
s. 940.225 (1), (2) or (3), 948.02 (1) or (2) or 948.025. Conception
final as
13a result of sexual assault as specified in this paragraph may be proved by a
final 14judgment of conviction or other evidence produced at a fact-finding hearing under
15s. 48.424 indicating that the person who may be the father of the child committed,
16during a possible time of conception, a sexual assault as specified in this paragraph
17against 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.
AB378,32,3
148.42
(4) (c) 3. That if the court terminates parental rights, a notice of intent
2to pursue relief from the judgment must be filed in the trial court within
15 30 days
3after 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.
AB378,32,86
48.44
(1) The court has jurisdiction over persons 17
years of age or older as
7provided under ss. 48.355 (4) and 48.45 and as otherwise specifically provided in this
8chapter.
Note: Adds "years of age" for clarity and consistency with current style.
AB378,32,1711
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
12described in s. 48.13 it appears that any person 17
years of age or older has been
13guilty of contributing to, encouraging, or tending to cause by any act or omission,
14such condition of the child, the judge may make orders with respect to the conduct
15of such person in his or her relationship to the child, including orders determining
16the ability of the person to provide for the maintenance or care of the child and
17directing 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.
AB378,33,220
48.45
(3) If it appears at a court hearing that any person 17
years of age or older
21has violated s. 948.40, the judge shall refer the record to the district attorney for
22criminal proceedings as may be warranted in the district attorney's judgment. This
1subsection does not prevent prosecution of violations of s. 948.40 without the prior
2reference by the judge to the district attorney, as in other criminal cases.
Note: Adds "years of age" for clarity and consistency with current style.
AB378,33,6
548.48 (title)
Authority of department
of health and family services. 6(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.
AB378,33,15
948.55 State adoption information exchange. The department shall
10establish a state adoption information exchange for the purpose of finding adoptive
11homes for children with special needs who do not have permanent homes. The
12department shall adopt rules governing the adoption information exchange and,
13from the appropriation under s. 20.435
(6) (3) (dg), may provide not more than
14$75,000 in each fiscal year as grants to individuals and private agencies for adoption
15information exchange services.
AB378,34,318
48.57
(3m) (am) 4. The county department conducts a background
19investigation under sub. (3p) of the kinship care relative,
the employes any employe 20and prospective
employes employe of the kinship care relative who
have has or would
21have regular contact with the child for whom the payments would be made and any
22other adult resident of the kinship care relative's home to determine if the kinship
1care relative
, employe, prospective employe or adult resident has any arrests or
2convictions that could adversely affect the child or the kinship care relative's ability
3to care for the child.
Note: Adds and amends language for internal consistency.
AB378,34,86
48.57
(3m) (b) 1. The county department shall refer to the attorney responsible
7for support enforcement under s.
59.458 (1) 59.53 (6) (a) the name of the parent or
8parents of a child for whom a payment is made under par. (am).
AB378,34,1711
48.57
(3p) (c) 3. Before a person
that
who is receiving payments under sub. (3m)
12may employ any person in a position in which that person would have regular contact
13with the child for whom those payments are being made or permit any person to be
14an adult resident, the county department, with the assistance of the department of
15justice, shall conduct a background investigation of the prospective employe or
16prospective adult resident unless that person has already been investigated under
17subd. 1. or 2.
Note: Inserts correct word.
AB378,35,220
48.57
(3p) (g) 1. The person has been convicted of a violation of ch.
161 961 that
21is punishable as a felony or of a violation of the law of any other state or federal law
1that would be a violation of ch.
161 961 that is punishable as a felony if committed
2in this state.
Note: Inserts correct cross-references. Chapter 161 was renumbered to ch. 961
by
1995 Wis. Act 448.
AB378,35,95
48.57
(3p) (g) 2. The person has had imposed on him or her a penalty specified
6in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a
7violation of the law of any other state or federal law under circumstances under
8which the
applicant or other person would be subject to a penalty specified in any of
9those sections if convicted in this state.
Note: Deletes unnecessary phrase. "Person" would include an applicant.
AB378,35,2312
48.57
(3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or
13948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or
14of a violation of the law of any other state or federal law that would be a violation of
15ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63
16or 948.70, if committed in this state, except that the
county department may make
17payments to a person applying for payments under sub. (3m) and a person receiving
18payments under sub. (3m) may employ in a position in which the person would have
19regular contact with the child for whom those payments are being made or permit
20to be an adult resident a person who has been convicted of a violation of s. 944.30,
21944.31 or 944.33 or of a violation of the law of any other state or federal law that
22would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that
23violation 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.
AB378,36,63
48.65
(1m) (g) 1. The person has been convicted of a violation of ch.
161 961 4that is punishable as a felony or of a violation of the law of any other state or federal
5law that would be a violation of ch.
161 961 that is punishable as a felony if committed
6in this state.
Note: Inserts correct cross-references. Chapter 161 was renumbered to ch. 961
by
1995 Wis. Act 448.
AB378,36,129
48.651
(2) (g) 1. The person has been convicted of a violation of ch.
161 961 that
10is punishable as a felony or of a violation of the law of any other state or federal law
11that would be a violation of ch.
161 961 that is punishable as a felony if committed
12in this state.
Note: Inserts correct cross-references. Chapter 161 was renumbered to ch. 961
by
1995 Wis. Act 448.
AB378, s. 114
13Section
114. 48.675 (3) (intro.) of the statutes is amended to read:
AB378,36,1814
48.675
(3) Support services. (intro.) The department shall provide funds
15from the
appropriations appropriation under s. 20.435
(3) (ho) and (6) (a) to enable
16foster parents and treatment foster parents to attend education programs approved
17under sub. (2) and shall promulgate rules concerning disbursement of the funds.
18Moneys disbursed under this subsection may be used for the following purposes:
AB378, s. 115
19Section
115. 48.92 (2) of the statutes is amended to read: