AB768, s. 73 24Section 73. 29.574 (3) of the statutes is amended to read:
AB768,64,24
129.574 (3) Upon the filing of such declaration the department shall forthwith
2investigate the same and may require the applicant to produce satisfactory evidence
3of the facts therein stated. It will be necessary for the licensee to purchase all wild
4game within the boundaries of the proposed farm of the species designated in the
5license, and to effect this purpose the department thereupon shall appoint one
6member, the applicant one member, and these 2 shall select a 3rd member, the 3 to
7act as a board to go upon the lands embraced within the proposed license and
8determine as near as possible the number of wild birds and animals of the desired
9species thereon at the time of the granting issuing of the license. The necessary
10expenses of all of the members of such board shall be paid by the licensee. Within
1130 days after the date of such determination as accepted by the department the
12licensee shall pay to the department a specified sum as may be determined by the
13department for those species of wild birds or wild animals on the lands that are
14desired for propagation purposes, the title of which rests in the state. If upon such
15examination it appears that the applicant is the owner or lessee of said lands, and
16the applicant intends in good faith to establish, operate and maintain a game bird
17and animal farm, subject to s. 29.09 (11m), the department shall issue a license to
18the applicant describing such lands, and certifying that the licensee is lawfully
19entitled to use the same for the breeding, propagating, killing and selling of such
20game birds and animals thereon according to this section. When such license has
21been granted issued, the licensee shall become the owner of all such game birds or
22animals thereon of the species licensed and of all of their offspring actually produced
23thereon and remaining thereon, subject however to the jurisdiction of the
24department over all game.
AB768, s. 74 25Section 74. 29.575 (3) of the statutes is amended to read:
AB768,65,8
129.575 (3) Upon the filing of such declaration the department shall investigate
2and may require the applicant to produce satisfactory evidence of the facts stated in
3the declaration. If it appears that the applicant is the owner or lessee of the lands,
4and that the applicant intends in good faith to establish, operate and maintain a fur
5animal farm, subject to s. 29.09 (11m), the department shall issue a license to the
6applicant. The license shall describe the lands and shall certify that the licensee is
7entitled to use the same for dealing, breeding, propagating and trapping fur animals
8on the land described in the license.
AB768, s. 75 9Section 75. 29.575 (4) of the statutes is amended to read:
AB768,65,2410 29.575 (4) Upon issuance of the license, the department shall appoint one
11person, the applicant shall appoint one person, and these 2 shall select a 3rd person
12to enter the lands and determine the number of fur animals thereon at the time of
13the granting issuing of the license. The necessary expenses of these persons shall
14be paid by the licensee. Within 10 days after the date of such determination, the
15licensee shall pay to the department $2.50 for each beaver, 50 cents for each muskrat,
16$2.50 for each mink, $2.50 for each otter, $1 for each raccoon, and 50 cents for each
17skunk so found on such lands. Only those animals to be licensed under the fur animal
18farm are to be paid for. When such payment has been made the licensee shall become
19owner of such fur animals on said lands and of all of their offspring remaining
20thereon. The licensee shall have the right to manage and control said lands and the
21licensed fur animals thereon, to take the same at any time or in any manner, subject
22to s. 29.245, which the licensee sees fit and deems to the best advantage of the
23licensee's business, and to sell and transport at any time said fur animals or the pelts
24taken from them.
AB768, s. 76 25Section 76. 29.578 (4) of the statutes is amended to read:
AB768,66,18
129.578 (4) The licensee shall pay to the department $25 for each deer so found
2on such lands. When such payment has been made and the license issued, the
3licensee shall become the owner of all deer on said lands and of all their offspring.
4The licensee shall have the right to manage and control said lands and the deer
5thereon, to kill the deer, subject to s. 29.245, and to sell the deer as provided by this
6section. If upon examination it shall appear that the applicant is the owner or lessee
7of said lands, and that the applicant intends in good faith to establish, operate and
8maintain a deer farm, the department may inform the applicant that as soon as the
9applicant has built a suitable deer fence around the area to be included within the
10license, it will issue the same. Said deer-tight fence shall be built in accordance with
11specifications prescribed by the department; provided, the department may issue a
12license for such deer farms heretofore established if the fence actually inclosing said
13farm is in fact sufficient to hold deer therein. After the complete installation of such
14fence and after the department has satisfied itself that it is satisfactory and complies
15with the law, it may issue a license to the applicant describing such lands, and
16certifying that the licensee is lawfully entitled to use the same for the breeding,
17propagating, killing and selling of deer thereon according to this section. Section
1829.09 (11m) applies to the issuance of licenses under this subsection.
AB768, s. 77 19Section 77. 29.578 (5) of the statutes is amended to read:
AB768,66,2220 29.578 (5) The deer farm license shall be renewed each year, subject to s. 29.09
21(11m),
if the licensee has not violated any of the provisions under which it was
22granted issued.
AB768, s. 78 23Section 78. 29.578 (11) of the statutes is amended to read:
AB768,67,2124 29.578 (11) Each license shall be accepted by the licensee upon the condition
25that the licensee will comply with this section and with all provisions of law and that

1the licensee will honestly operate said deer farm for the purpose of propagating deer;
2that the title to the deer in the inclosure for which a license has been granted issued
3and for which the applicant has paid the state at the rate of $25 per deer, shall be
4conditional upon the applicant and licensee honestly and fairly complying with this
5section and provisions of law relating to the operation of deer farms; and in the action
6to revoke the license of said licensee, or to establish the licensee's unfitness to further
7operate said deer farm, the court, in the judgment, in the event it is determined that
8the applicant and licensee has violated this section and the provisions of law relating
9to the operation of deer farms, shall provide that the title to all of the deer within said
10inclosure together with all of the increase therefrom be forfeited to the state; that the
11said tract of land shall not be used for a deer farm for a period of 5 years and until
12a new license therefor, after said 5 years, has been issued by the department as
13provided in this section; that the department shall within 30 days of the notice of
14entry of judgment enter upon said tract and open the said fences in such a manner
15as to give the inclosed animals free egress and may drive the said animals out of the
16inclosure if in the opinion of the department it is for the best interests of the state;
17said lands for which said license has been forfeited may be used by the owner thereof
18for all lawful purposes except the propagating of deer during said time, and during
19said 5 year period said lands shall be a sanctuary and no hunting or trapping of any
20kind or character shall be practiced therein or thereon. The department shall in such
21event duly post notices thereof at intervals of 10 rods around the entire tract.
AB768, s. 79 22Section 79. 29.578 (14) (am) of the statutes, as affected by 1997 Wisconsin Act
2335
, is amended to read:
AB768,68,3
129.578 (14) (am) The Subject to s. 29.09 (11m), the department may issue
2special retail deer sale permits authorizing a person to retail venison in the carcass
3from a deer lawfully killed under this section to any retailer of meats.
AB768, s. 80 4Section 80. 29.578 (14) (b) (intro.) of the statutes is amended to read:
AB768,68,105 29.578 (14) (b) (intro.) Any person may serve venison obtained from a deer farm
6licensed under this section if the person has a venison serving permit from the
7department. The application for this permit shall be in the form and include the
8information the department requires. If the department after investigation is
9satisfied that the application is satisfactory it, the department, subject to s. 29.09
10(11m),
shall issue a venison serving permit conditioned as follows:
AB768, s. 81 11Section 81. 29.585 (1) of the statutes is amended to read:
AB768,68,1512 29.585 (1) The department may grant issue licenses for wildlife exhibits which
13are defined as any place where one or more live wild animals are kept in captivity
14for the purpose of exhibition or for advertising purposes. The form of application and
15license shall be prescribed by the department.
AB768, s. 82 16Section 82. 29.585 (3) of the statutes is amended to read:
AB768,68,2017 29.585 (3) No wildlife exhibition license shall be granted may be issued by the
18department until it is satisfied that the provisions for housing and caring for such
19wild animals and for protecting the public are proper and adequate and in
20accordance with the standards therefor established by the department.
AB768, s. 83 21Section 83. 38.14 (2) (d) 1. of the statutes is amended to read:
AB768,68,2322 38.14 (2) (d) 1. Lease facilities to others for school purposes. The district board
23may not enter into a lease under this subdivision after June 30, 1991 1999.
AB768, s. 84 24Section 84. 40.08 (1) of the statutes is amended to read:
AB768,69,12
140.08 (1) Exemptions. The benefits payable to, or other rights and interests of,
2any member, beneficiary or distributee of any estate under any of the benefit plans
3administered by the department, including insurance payments, shall be exempt
4from any tax levied by the state or any subdivision of the state and shall not be
5assignable, either in law or equity, or be subject to execution, levy, attachment,
6garnishment or other legal process except as specifically provided in this section;
7except that, notwithstanding s. 40.01 (2), the department of revenue may attach
8benefit payments to satisfy delinquent tax obligations. The board and any member
9or agent thereof and the department and any employe or agent thereof are immune
10from civil liability for any act or omission while performing official duties relating to
11withholding any annuity payment under this subsection
. The exemption from
12taxation under this section shall not apply with respect to any tax on income.
AB768, s. 85 13Section 85. 40.25 (6) (a) 5. of the statutes is repealed.
AB768, s. 86 14Section 86. 40.25 (7) (g) of the statutes is repealed and recreated to read:
AB768,69,1615 40.25 (7) (g) The crediting of any service under this subsection is subject to any
16applicable requirements under section 415 of the Internal Revenue Code.
AB768, s. 87 17Section 87. 40.31 (1) of the statutes is repealed and recreated to read:
AB768,69,2218 40.31 (1) General limitation. The maximum retirement benefits payable to
19a participant in a calendar year, excluding benefits attributable to contributions
20subject to any limitations under s. 40.23 (2) (a), (2m) (c) and (3), may not exceed the
21maximum benefit limitation established under section 415 (b) of the Internal
22Revenue Code.
AB768, s. 88 23Section 88. 40.31 (2) of the statutes is repealed.
AB768, s. 89 24Section 89. 40.32 (1) of the statutes is repealed and recreated to read:
AB768,70,7
140.32 (1) The sum of all contributions allocated to a participant's account under
2each defined contribution plan sponsored by the employer, including all employer
3contributions and picked-up contributions credited with interest at the effective rate
4under ss. 40.04 (4) (a) and (5) (b) and 40.05 (2) (g) and all employe contributions made
5under ss. 40.02 (17) and 40.05 (1) and (2m), may not in any calendar year exceed the
6maximum contribution limitation established under section 415 (c) of the Internal
7Revenue Code.
AB768, s. 90 8Section 90. 40.32 (3) of the statutes is amended to read:
AB768,70,159 40.32 (3) Any contribution that the department receives, which is allocated to
10the account of a participant and which exceeds the contributions limitation under
11this section, may be refunded or credited as provided in s. 40.08 (6). If the
12department refunds any contributions that exceed the limitation under this section,
13the department shall first refund amounts voluntarily contributed by a participating
14employe, either as an additional contribution under s. 40.05 (1) (a) 5. or a purchase
15of forfeited or creditable service under s. 40.02 (17) or 40.25 (6) (a) or (7) (a)
.
AB768, s. 91 16Section 91. 45.74 (7) of the statutes, as created by 1997 Wisconsin Act 27, is
17amended to read:
AB768,70,2318 45.74 (7) (title) Price-of-home Amount of loan limitation. The price amount
19of the home loan exceeds 2.5 times the median price of a home in this state if the
20person is applying for a loan for the purchase of a home
. The department shall
21promulgate a rule establishing establish the median price of a home in this state for
22each fiscal year that is determined by using the most recent housing price index
23generated by the Wisconsin Realtors Association before July 1.
AB768, s. 92 24Section 92. 46.036 (3) (g) of the statutes is created to read:
AB768,71,6
146.036 (3) (g) Notwithstanding pars. (b) and (d), if a county has an existing
2system, approved by the department, to monitor and assess the outcomes of a
3contract and if the county is so authorized by the department, the county may
4contract with providers to pay in advance or after provision of services a fixed amount
5for each person served by the provider in return for a defined set of expected outcomes
6that are determined by the county.
AB768, s. 93 7Section 93. 46.10 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is
8amended to read:
AB768,71,139 46.10 (1) Liability and the collection and enforcement of such liability for the
10care, maintenance, services and supplies specified in this section is governed
11exclusively by this section, except in cases of child support ordered by a court under
12s. 48.355 (2) (b) 4., 48.357 (5m), or 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357
13(5m) or 938.363 (2)
or ch. 767.
AB768, s. 94 14Section 94. 46.10 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is
15amended to read:
AB768,72,1816 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
17including but not limited to a person admitted, committed or placed under s. 975.01,
181977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.366, 51.10,
1951.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06,
20938.183, 938.34 (4h) or (4m), 938.357 (4) and (5) (e), 971.14 (2) and (5), 971.17 (1),
21975.06 and 980.06, receiving care, maintenance, services and supplies provided by
22any institution in this state including University of Wisconsin Hospitals and Clinics,
23in which the state is chargeable with all or part of the person's care, maintenance,
24services and supplies, any person receiving care and services from a county
25department established under s. 51.42 or 51.437 or from a facility established under

1s. 49.73, and any person receiving treatment and services from a public or private
2agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's
3property and estate, including the homestead, and the spouse of the person, and the
4spouse's property and estate, including the homestead, and, in the case of a minor
5child, the parents of the person, and their property and estates, including their
6homestead, and, in the case of a foreign child described in s. 48.839 (1) who became
7dependent on public funds for his or her primary support before an order granting
8his or her adoption, the resident of this state appointed guardian of the child by a
9foreign court who brought the child into this state for the purpose of adoption, and
10his or her property and estate, including his or her homestead, shall be liable for the
11cost of the care, maintenance, services and supplies in accordance with the fee
12schedule established by the department under s. 46.03 (18). If a spouse, widow or
13minor, or an incapacitated person may be lawfully dependent upon the property for
14their support, the court shall release all or such part of the property and estate from
15the charges that may be necessary to provide for those persons. The department
16shall make every reasonable effort to notify the liable persons as soon as possible
17after the beginning of the maintenance, but the notice or the receipt thereof is not
18a condition of liability.
AB768, s. 95 19Section 95. 46.10 (14) (b) of the statutes, as affected by 1997 Wisconsin Act 27,
20is amended to read:
AB768,73,421 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability
22of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
23parent's minor child who has been placed by a court order under s. 48.355, or 48.357,
24938.183, 938.355 or 938.357
in a residential, nonmedical facility such as a group
25home, foster home, treatment foster home, or child caring institution or juvenile

1correctional institution
shall be determined by the court by using the percentage
2standard established by the department of workforce development under s. 49.22 (9)
3and by applying the percentage standard in the manner established by the
4department under s. 46.247.
AB768, s. 96 5Section 96. 46.10 (14) (e) 1m. of the statutes, as created by 1997 Wisconsin Act
627
, is repealed.
AB768, s. 97 7Section 97. 46.21 (5) (b) of the statutes is amended to read:
AB768,73,98 46.21 (5) (b) Sections 46.10, 49.08, 49.90, 301.12 and 767.42 govern the support
9and maintenance of persons in any of the institutions specified in sub. (2) (a).
AB768, s. 98 10Section 98. 46.247 of the statutes, as affected by 1997 Wisconsin Act 27, is
11amended to read:
AB768,73,19 1246.247 Application of child support standard for certain children. For
13purposes of determining child support under s. 46.10 (14) (b), the department shall
14promulgate rules related to the application of the standard established by the
15department of workforce development under s. 49.22 (9) to a child support obligation
16for the care and maintenance of a child who is placed by a court order under s. 48.355,
17or 48.357, 938.183, 938.355 or 938.357 in a residential, nonmedical facility. The rules
18shall take into account the needs of any person, including dependent children other
19than the child, whom either parent is legally obligated to support.
AB768, s. 99 20Section 99. 46.27 (11) (c) 3m. of the statutes is repealed.
AB768, s. 100 21Section 100. 46.40 (2m) (a) of the statutes, as affected by 1997 Wisconsin Act
2227
, is amended to read:
AB768,74,223 46.40 (2m) (a) Prevention and treatment of substance abuse. For prevention
24and treatment of substance abuse under 42 USC 300x-21 to 300x-35, the

1department shall distribute not more than $9,702,400 $10,493,900 in fiscal year
21997-98 and not more than $8,641,100 $10,224,100 in fiscal year 1998-99.
AB768, s. 101 3Section 101. 48.01 (1) (a) of the statutes is amended to read:
AB768,74,174 48.01 (1) (a) While recognizing that the paramount goal of this chapter is to
5protect children, to preserve the unity of the family, whenever appropriate, by
6strengthening family life through assisting parents, whenever appropriate, in
7fulfilling their parental responsibilities. The courts and agencies responsible for
8child welfare, while assuring that a child's health and safety are the paramount
9concerns,
should assist parents in changing any circumstances in the home which
10might harm the child or which may require the child to be placed outside the home.
11The courts should recognize that they have the authority, in appropriate cases, not
12to reunite a child with his or her family. The courts and agencies responsible for child
13welfare should also recognize that instability and impermanence in family
14relationships are contrary to the welfare of children and should therefore recognize
15the importance of eliminating the need for children to wait unreasonable periods of
16time for their parents to correct the conditions that prevent their safe return to the
17family.
AB768, s. 102 18Section 102. 48.01 (1) (gg) of the statutes is amended to read:
AB768,74,2119 48.01 (1) (gg) To promote the adoption of children into safe and stable families
20rather than allowing children to remain in the impermanence of foster or treatment
21foster care.
AB768, s. 103 22Section 103. 48.21 (5) (b) of the statutes is amended to read:
AB768,75,223 48.21 (5) (b) An order relating to a child held in custody outside of his or her
24home shall also describe any efforts that were made to permit the child to remain
25safely at home and the services that are needed to ensure the child's well-being, to

1enable the child to return safely to his or her home and to involve the parents in
2planning for the child.
AB768, s. 104 3Section 104. 48.235 (8) of the statutes is repealed and recreated to read:
AB768,75,84 48.235 (8) Compensation. (a) A guardian ad litem appointed under this
5chapter shall be compensated at a rate that the court determines is reasonable,
6except that, if the court orders a county to pay the compensation of the guardian ad
7litem under par. (b) or (c) 2., the amount ordered may not exceed the compensation
8payable to a private attorney under s. 977.08 (4m) (b).
AB768,75,209 (b) Subject to par. (c), the court may order either or both of the parents of a child
10for whom a guardian ad litem is appointed under this chapter to pay all or any part
11of the compensation of the guardian ad litem. In addition, upon motion by the
12guardian ad litem, the court may order either or both of the parents of the child to
13pay the fee for an expert witness used by the guardian ad litem, if the guardian ad
14litem shows that the use of the expert is necessary to assist the guardian ad litem
15in performing his or her functions or duties under this chapter. If one or both parents
16are indigent or if the court determines that it would be unfair to a parent to require
17him or her to pay, the court may order the county of venue to pay the compensation
18and fees, in whole or in part. If the court orders the county of venue to pay because
19a parent is indigent, the court may also order either or both of the parents to
20reimburse the county, in whole or in part, for the payment.
AB768,75,2321 (c) 1. In an uncontested termination of parental rights and adoption proceeding
22under s. 48.833, the court shall order the agency that placed the child for adoption
23to pay the compensation of the child's guardian ad litem.
AB768,76,424 2. In an uncontested termination of parental rights and adoption proceeding
25under s. 48.835 or 48.837, the court shall order the proposed adoptive parents to pay

1the compensation of the child's guardian ad litem. If the proposed adoptive parents
2are indigent, the court may order the county of venue to pay the compensation, in
3whole or in part, and may order the proposed adoptive parents to reimburse the
4county, in whole or in part, for the payment.
AB768,76,95 (d) At any time before the final order in a proceeding in which a guardian ad
6litem is appointed for a child under this chapter, the court may order a parent, agency
7or proposed adoptive parent to place payments in an escrow account in an amount
8estimated to be sufficient to pay any compensation and fees payable under par. (b)
9or (c).
AB768,76,1310 (e) If the court orders a parent or proposed adoptive parent to reimburse a
11county under par. (b) or (c) 2., the court may order a separate judgment for the
12amount of the reimbursement in favor of the county and against the parent or
13proposed adoptive parent who is responsible for the reimbursement.
AB768,76,1514 (f) The court may enforce its orders under this subsection by means of its
15contempt powers.
AB768, s. 105 16Section 105. 48.27 (3) (a) 1m. of the statutes is created to read:
AB768,77,217 48.27 (3) (a) 1m. The court shall give a foster parent, treatment foster parent
18or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
19subd. 1. an opportunity to be heard at the hearing by permitting the foster parent,
20treatment foster parent or other physical custodian to make a written or oral
21statement during the hearing, or to submit a written statement prior to the hearing,
22relevant to the issues to be determined at the hearing. A foster parent, treatment
23foster parent or other physical custodian described in s. 48.62 (2) who receives a
24notice of a hearing under subd. 1. and an opportunity to be heard under this

1subdivision does not become a party to the proceeding on which the hearing is held
2solely on the basis of receiving that notice and opportunity to be heard.
AB768, s. 106 3Section 106. 48.27 (3) (a) 2. of the statutes is amended to read:
AB768,77,134 48.27 (3) (a) 2. Failure to give notice under subd. 1. to a foster parent, treatment
5foster parent or other physical custodian described in s. 48.62 (2) does not deprive the
6court of jurisdiction in the action or proceeding. If a foster parent, treatment foster
7parent or other physical custodian described in s. 48.62 (2) is not given notice of a
8hearing under subd. 1. and if the court is required under this chapter to permit that
9person to make a written or oral statement during the hearing or to submit a written
10statement prior to the hearing and that person does not make or submit such
11statement
, that person may request a rehearing on the matter during the pendency
12of an order resulting from the hearing. If the request is made, the court shall order
13a rehearing.
AB768, s. 107 14Section 107. 48.27 (6) of the statutes is amended to read:
AB768,77,2115 48.27 (6) When a proceeding is initiated under s. 48.14, all interested parties
16shall receive notice and appropriate summons shall be issued in a manner specified
17by the court, consistent with applicable governing statutes. In addition, if the child
18who is the subject of the proceeding is in the care of a foster parent, treatment foster
19parent or other physical custodian described in s. 48.62 (2), the court shall give the
20foster parent, treatment foster parent or other physical custodian notice and an
21opportunity to be heard as provided in sub. (3) (a).
AB768, s. 108 22Section 108. 48.355 (2) (b) 6. of the statutes, as affected by 1997 Wisconsin Act
2327
, is amended to read:
AB768,78,824 48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued
25placement of the child in his or her home would be contrary to the health, safety and

1welfare of the child and, if sub. (2d) does not apply, a finding as to whether the county
2department, the department, in a county having a population of 500,000 or more, or
3the agency primarily responsible for the provision of providing services under a court
4order has made reasonable efforts to prevent the removal of the child from the home,
5while assuring that the child's health and safety are the paramount
concerns, or, if
6applicable, that a finding as to whether the agency primarily responsible for the
7provision of
providing services under a court order has made reasonable efforts to
8make it possible for the child to return safely to his or her home.
AB768, s. 109 9Section 109. 48.355 (2b) of the statutes is created to read:
AB768,78,1710 48.355 (2b) Concurrent reasonable efforts permitted. A county
11department, the department, in a county having a population of 500,000 or more, or
12the agency primarily responsible for providing services to a child under a court order
13may, at the same time as the county department, department or agency is making
14the reasonable efforts required under sub. (2) (b) 6., work with the department, a
15county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed
16under s. 48.61 (5) in making reasonable efforts to place the child for adoption, with
17a guardian or in some other alternative permanent placement.
AB768, s. 110 18Section 110. 48.355 (2c) (a) (intro.) of the statutes, as affected by 1997
19Wisconsin Act 27
, is amended to read:
AB768,79,220 48.355 (2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as to
21whether the county department, the department, in a county having a population of
22500,000 or more, or the agency primarily responsible for providing services to the
23child under a court order has made reasonable efforts to prevent the removal of the
24child from his or her home, while assuring that the child's health and safety are the

1paramount concerns
, the court's consideration of reasonable efforts shall include, but
2not be limited to, whether:
AB768, s. 111 3Section 111. 48.355 (2c) (a) 1. of the statutes is amended to read:
AB768,79,64 48.355 (2c) (a) 1. A comprehensive assessment of the family's situation was
5completed, including a determination of the likelihood of protecting the child's
6health, safety and welfare effectively in the home.
AB768, s. 112 7Section 112. 48.355 (2c) (b) of the statutes is amended to read:
AB768,79,148 48.355 (2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether
9the agency primarily responsible for providing services to the child under a court
10order has made reasonable efforts to make it possible for the child to return safely
11to his or her home, the court's consideration of reasonable efforts shall include, but
12not be limited to, the considerations listed under par. (a) 1. to 5. and whether
13visitation schedules between the child and his or her parents were implemented,
14unless visitation was denied or limited by the court.
AB768, s. 113 15Section 113. 48.355 (2d) of the statutes is created to read:
AB768,79,1616 48.355 (2d) Reasonable efforts not required. (a) In this subsection:
AB768,79,2017 1. "Aggravated circumstances" include abandonment in violation of s. 948.20
18or in violation of the law of any other state or federal law if that violation would be
19a violation of s. 948.20 if committed in this state, torture, chronic abuse and sexual
20abuse.
AB768,79,2421 2. "Sexual abuse" means a violation of s. 940.225, 944.30, 948.02, 948.025,
22948.05, 948.055, 948.06, 948.09 or 948.10 or a violation of the law of any other state
23or federal law if that violation would be a violation of s. 940.225, 944.30, 948.02,
24948.025, 948.05, 948.055, 948.06, 948.09 or 948.10 if committed in this state.
AB768,80,10
1(b) Notwithstanding sub. (2) (b) 6., the court need not include in a dispositional
2order a finding as to whether the county department, the department, in a county
3having a population of 500,000 or more, or the agency primarily responsible for
4providing services under a court order has made reasonable efforts with respect to
5a parent of a child to prevent the removal of the child from the home, while assuring
6that the child's health and safety are the paramount concerns, or, if applicable, a
7finding as to whether the agency primarily responsible for providing services under
8a court order has made reasonable efforts with respect to a parent of a child to make
9it possible for the child to return safely to his or her home, if the court finds, as
10evidenced by a final judgment of conviction, any of the following:
AB768,80,1111 1. That the parent has subjected the child to aggravated circumstances.
AB768,80,1612 2. That the parent has committed, has aided or abetted the commission of, or
13has solicited, conspired or attempted to commit, a violation of s. 940.01, 940.02,
14940.03 or 940.05 or a violation of the law of any other state or federal law, if that
15violation would be a violation of s. 940.01, 940.02, 940.03 or 940.05 if committed in
16this state, and that the victim of that violation is a child of the parent.
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