AB133-ASA1-CA1,194,65
46.27
(7b) Pilot program in Chippewa County. The department shall establish
6a pilot project in Chippewa County to effect all of the following:
AB133-ASA1-CA1,194,117
(a) Notwithstanding the maximum total amount established by Chippewa
8County under sub. (3) (f), Chippewa County may not deny services under this section
9to an eligible individual who resides in a community-based residential facility when
10the individual becomes eligible, solely because the maximum total amount has been
11reached.
AB133-ASA1-CA1,194,1512
(b) In making a determination under sub. (7) (cj) 3. e. regarding the
13cost-effectiveness of a placement in a community-based residential facility,
14Chippewa County shall consider all state and federal funds needed for all options
15considered.
AB133-ASA1-CA1,194,2116
(c) Chippewa County, or a private nonprofit agency or aging unit in Chippewa
17County, may use funds received under sub. (7) (b) to provide services in any
18community-based residential facility that has 20 or fewer beds notwithstanding sub.
19(7) (cm) 1. Subsection (7) (cm) 1. applies in Chippewa County, however, with respect
20to the use of funds received under sub. (7) (b) to provide services in any
21community-based residential facility that has more than 20 beds.".
AB133-ASA1-CA1,195,3
22680. Page 574, line 23: delete "whether or not the person is a private pay
23admittee at the time of admission." and substitute "
whether or not the person is a
24private pay admittee at the time of admission. except that a person seeking
1admission or about to be admitted on a private pay basis may waive the assessment,
2unless the person is expected to become eligible for medical assistance within 6
3months of assessment.".
AB133-ASA1-CA1,195,96
46.27
(11) (c) 5q. No county department or aging unit may deny services to a
7person under subd. 5n. who refused to have an assessment completed as required
8under subd. 5n. a. before the effective date of this subdivision .... [revisor inserts
9date].".
AB133-ASA1-CA1,195,15
10682. Page 576, line 3: delete "whether or not the person is a private pay
11admittee at the time of admission." and substitute "
whether or not the person is a
12private pay admittee at the time of admission. except that a person seeking
13admission or about to be admitted on a private pay basis may waive the assessment,
14unless the person is expected to become eligible for medical assistance within 6
15months of assessment.".
AB133-ASA1-CA1,195,22
16683. Page 594, line 9: after "supervision." insert "A resource center may not
17require a financial screen for a person seeking admission or about to be admitted on
18a private pay basis who waives the requirement for a financial screen under this
19paragraph, unless the person is expected to become eligible for medical assistance
20within 6 months. A resource center need not provide a functional screen for a person
21seeking admission or about to be admitted who has received a screen for functional
22eligibility under s. 46.286 (1) (a) within the previous 6 months.".
AB133-ASA1-CA1,196,189
46.46
(1) The department shall perform activities to augment the amount of
10moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd and 42 USC
111396 to 1396v. The department shall perform those income augmentation activities
12itself and may not contract with any person to perform those income augmentation
13activities. From the appropriation account under s. 20.435 (8) (mb), the department
14shall support costs that are exclusively related to the operational costs of
15augmenting the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395
16to 1395ddd and 42 USC 1396 to 1396v performing those income augmentation
17activities. In addition, the department may expend moneys from the appropriation
18account under s. 20.435 (8) (mb) as provided in sub. (2).".
AB133-ASA1-CA1,197,521
46.48
(30) Substance abuse treatment grants. (a) From the appropriation
22under s. 20.435 (7) (bc), the department shall distribute grants on a competitive basis
23to county departments of social services and to private nonprofit organizations, as
24defined in s. 103.21 (2), for the provision of alcohol and other drug abuse treatment
1services in counties with a population of 500,000 or more. Grants distributed under
2this subsection may be used only to provide treatment for alcohol and other drug
3abuse to individuals who are eligible for federal temporary assistance for needy
4families under
42 USC 601 et. seq. and who have a family income of not more than
5200% of the poverty line, as defined in s. 49.001 (5).
AB133-ASA1-CA1,197,96
(b)
Notwithstanding par. (a), the department may distribute grants under par.
7(a) only to the extent that the distribution meets the maintenance-of-effort
8requirement under the federal temporary assistance for needy families program
9under
42 USC 601 et. seq.".
AB133-ASA1-CA1,197,1512
46.481
(5) Healthy families program. The department shall distribute
13$100,000 in each fiscal year to Kenosha Area Family and Aging Services, Inc., for the
14provision of home visiting services for mothers who are under 18 years of age under
15that organization's healthy families program.".
AB133-ASA1-CA1,197,2018
46.481
(6) Children's safe house child care program. The department shall
19distribute $50,000 in each fiscal year to the children's safe house child care program
20in Kenosha County for the operation of that program.".
AB133-ASA1-CA1,198,1823
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
24parent, guardian and legal custodian of the reasons for holding the child in custody
1and of the child's whereabouts unless there is reason to believe that notice would
2present imminent danger to the child. The parent, guardian and legal custodian
3shall also be notified of the time and place of the detention hearing required under
4s. 48.21, the nature and possible consequences of that hearing,
the right to counsel
5under s. 48.23 regardless of ability to pay and the right to present and cross-examine
6witnesses at the hearing. If the parent, guardian or legal custodian is not
7immediately available, the intake worker or another person designated by the court
8shall provide notice as soon as possible. When the child is 12 years of age or older,
9the child shall receive the same notice about the detention hearing as the parent,
10guardian or legal custodian. The intake worker shall notify both the child and the
11child's parent, guardian or legal custodian. When the child is an expectant mother
12who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child,
13through the unborn child's guardian ad litem, shall receive the same notice about the
14whereabouts of the child expectant mother, about the reasons for holding the child
15expectant mother in custody and about the detention hearing as the child expectant
16mother and her parent, guardian or legal custodian. The intake worker shall notify
17the child expectant mother, her parent, guardian or legal custodian and the unborn
18child, by the unborn child's guardian ad litem.
AB133-ASA1-CA1,198,2520
48.21
(3) (d) Prior to the commencement of the hearing, the parent, guardian
21or legal custodian shall be informed by the court of the allegations that have been
22made or may be made, the nature and possible consequences of this hearing as
23compared to possible future hearings,
the right to counsel under s. 48.23 regardless
24of ability to pay, the right to confront and cross-examine witnesses and the right to
25present witnesses.
AB133-ASA1-CA1,199,123
48.23
(2) (a) Whenever a child is
alleged to be in need of protection or services
4under s. 48.13 or is the subject of a proceeding involving a contested adoption or the
5involuntary termination of parental rights, any parent under 18 years of age who
6appears before the court shall be represented by counsel; but no such parent may
7waive counsel. A minor parent petitioning for the voluntary termination of parental
8rights shall be represented by a guardian ad litem. If a proceeding involves a
9contested adoption or the involuntary termination of parental rights, any parent 18
10years old or older who appears before the court shall be represented by counsel; but
11the parent may waive counsel provided the court is satisfied such waiver is
12knowingly and voluntarily made.
AB133-ASA1-CA1,199,2214
48.23
(2) (b) If a petition under s. 48.13 is contested, no child may be placed
15outside his or her home unless the nonpetitioning parent is represented by counsel
16at the fact-finding hearing and subsequent proceedings. If the petition is not
17contested, the child may not be placed outside his or her home unless the
18nonpetitioning parent is represented by counsel at the hearing at which the
19placement is made. A parent who is required under this paragraph to be represented
20by counsel may, however, waive counsel if the court is satisfied that such waiver is
21knowingly and voluntarily made, and the court may place the child outside the home
22even though the parent was not represented by counsel.
AB133-ASA1-CA1,200,324
48.23
(3) Power of the court to appoint counsel. Except in proceedings under
25s. 48.13, at At any time, upon request or on its own motion, the court may appoint
1counsel for the child or any party, unless the child or the party has or wishes to retain
2counsel of his or her own choosing.
The court may not appoint counsel for any party
3other than the child in a proceeding under s. 48.13.
AB133-ASA1-CA1,201,25
48.23
(4) Providing counsel. In any situation under this section in which a
6person child has a right to be represented by counsel or is provided counsel at the
7discretion of the court and counsel is not knowingly and voluntarily waived, the court
8shall refer the
person child to the state public defender and counsel shall be
9appointed by the state public defender under s. 977.08 without a determination of
10indigency. If the referral is of a
person child who has filed a petition under s. 48.375
11(7), the state public defender shall appoint counsel within 24 hours after that
12referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue
13to represent the child in any appeal brought under s. 809.105 unless the child
14requests substitution of counsel or extenuating circumstances make it impossible for
15counsel to continue to represent the child. In any situation under sub. (2) or (2m) in
16which a parent 18 years of age or over or an adult expectant mother is entitled to
17representation by counsel; counsel is not knowingly and voluntarily waived; and it
18appears that the parent or adult expectant mother is unable to afford counsel in full,
19or the parent or adult expectant mother so indicates; the court shall refer the parent
20or adult expectant mother to the authority for indigency determinations specified
21under s. 977.07 (1). In any other situation under this section in which a person has
22a right to be represented by counsel or is provided counsel at the discretion of the
23court, competent and independent counsel shall be provided and reimbursed in any
24manner suitable to the court regardless of the person's ability to pay, except that the
1court may not order a person who files a petition under s. 813.122 or 813.125 to
2reimburse counsel for the child who is named as the respondent in that petition.".
AB133-ASA1-CA1,201,125
48.207
(1) (a) The home of a parent or guardian
, except that a child may not
6be held in the home of a parent or guardian if the parent or guardian has been
7convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05
8of the 2nd-degree intentional homicide, of a parent of the child, and the conviction
9has not been reversed, set aside or vacated, unless the person making the custody
10decision determines by clear and convincing evidence that the placement would be
11in the best interests of the child. The person making the custody decision shall
12consider the wishes of the child in making that determination.
AB133-ASA1-CA1,201,2114
48.207
(1) (b) The home of a relative
, except that a child may not be held in the
15home of a relative if the relative has been convicted under s. 940.01 of the
16first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
17homicide, of a parent of the child, and the conviction has not been reversed, set aside
18or vacated, unless the person making the custody decision determines by clear and
19convincing evidence that the placement would be in the best interests of the child.
20The person making the custody decision shall consider the wishes of the child in
21making that determination.".
AB133-ASA1-CA1,202,3
148.02
(17) "Shelter care facility" means a nonsecure place of temporary care
2and physical custody for children, including a holdover room, licensed by the
3department under s. 48.66 (1)
(a).".
AB133-ASA1-CA1,202,86
48.32
(2) (a) A consent decree shall remain in effect up to
6 months one year 7unless the child, parent, guardian, legal custodian or expectant mother is discharged
8sooner by the judge or juvenile court commissioner.".
AB133-ASA1-CA1,202,1211
48.27
(4) (a) 2. Advise the child
and any other party, if applicable, of his or her
12right to legal counsel regardless of ability to pay.".
AB133-ASA1-CA1,202,2215
48.345
(3) (a) The home of a
parent or other relative of the child
, except that
16the judge may not designate the home of a parent or other relative of the child as the
17child's placement if the parent or other relative has been convicted under s. 940.01
18of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
19intentional homicide, of a parent of the child, and the conviction has not been
20reversed, set aside or vacated, unless the judge determines by clear and convincing
21evidence that the placement would be in the best interests of the child. The judge
22shall consider the wishes of the child in making that determination.
AB133-ASA1-CA1,203,9
148.345
(3) (b)
A home which need not be The home of a person who is not
2required to be licensed if placement is for less than 30 days
, except that the judge may
3not designate the home of a person who is not required to be licensed as the child's
4placement if the person has been convicted under s. 940.01 of the first-degree
5intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
6a parent of the child, and the conviction has not been reversed, set aside or vacated,
7unless the judge determines by clear and convincing evidence that the placement
8would be in the best interests of the child. The judge shall consider the wishes of the
9child in making that determination.
AB133-ASA1-CA1, s. 1131i
10Section 1131i. 48.355 (3) of the statutes is renumbered 48.355 (3) (a) and
11amended to read:
AB133-ASA1-CA1,203,1512
48.355
(3) (a)
If Except as provided in par. (b), if, after a hearing on the issue
13with due notice to the parent or guardian, the
judge
court finds that it would be in
14the best interest of the child, the
judge court may set reasonable rules of parental
15visitation.
AB133-ASA1-CA1,203,2117
48.355
(3) (b) 1. Except as provided in subd. 2., the court may not grant
18visitation under par. (a) to a parent of a child if the parent has been convicted under
19s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
202nd-degree intentional homicide, of the child's other parent, and the conviction has
21not been reversed, set aside or vacated.
AB133-ASA1-CA1,204,522
1m. Except as provided in subd. 2., if a parent who is granted visitation rights
23with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional
24homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's
25other parent, and the conviction has not been reversed, set aside or vacated, the court
1shall issue an order prohibiting the parent from having visitation with the child on
2petition of the child, the guardian or legal custodian of the child, a person or agency
3bound by the dispositional order or the district attorney or corporation counsel of the
4county in which the dispositional order was entered, or on the court's own motion,
5and on notice to the parent.
AB133-ASA1-CA1,204,86
2. Subdivisions 1. and 1m. do not apply if the court determines by clear and
7convincing evidence that the visitation would be in the best interests of the child.
8The court shall consider the wishes of the child in making that determination.
AB133-ASA1-CA1,204,1410
48.357
(4d) (a) Except as provided in par. (b), the court may not change a child's
11placement to a placement in the home of a person who has been convicted under s.
12940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
13intentional homicide, of a parent of the child, if the conviction has not been reversed,
14set aside or vacated.
AB133-ASA1-CA1,204,2315
(am) Except as provided in par (b), if a parent in whose home a child is placed
16is convicted under s. 940.01 of the first-degree intentional homicide, or under s.
17940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the
18conviction has not been reversed, set aside or vacated, the court shall change the
19child's placement to a placement out of the home of the parent on petition of the child,
20the guardian or legal custodian of the child, a person or agency bound by the
21dispositional order or the district attorney or corporation counsel of the county in
22which the dispositional order was entered, or on the court's own motion, and on notice
23to the parent.
AB133-ASA1-CA1,205,3
1(b) Paragraphs (a) and (am) do not apply if the court determines by clear and
2convincing evidence that the placement would be in the best interests of the child.
3The court shall consider the wishes of the child in making that determination.".
AB133-ASA1-CA1,205,186
48.415
(8) Intentional or reckless homicide Homicide or solicitation to
7commit homicide of parent. Intentional or reckless Homicide or solicitation to
8commit homicide of a parent, which shall be established by proving that a parent of
9the child has been a victim of first-degree intentional homicide in violation of s.
10940.01, first-degree reckless homicide in violation of s. 940.02 or 2nd-degree
11intentional homicide in violation of s. 940.05 or a crime under federal law or the law
12of any other state that is comparable to
a crime specified in this subsection any of
13those crimes, or has been the intended victim of a solicitation to commit first-degree
14intentional homicide in violation of s. 939.30 or a crime under federal law or the law
15of any other state that is comparable to that crime, and that the person whose
16parental rights are sought to be terminated has been convicted of that intentional
17or reckless homicide
, solicitation or crime under federal law or the law of any other
18state as evidenced by a final judgment of conviction.".
AB133-ASA1-CA1,206,221
48.42
(1m) (b)
The Subject to par. (e), the court may issue the temporary order
22ex parte or may refuse to issue the temporary order and hold a hearing on whether
23to issue an injunction. The temporary order is in effect until a hearing is held on the
24issuance of an injunction. The court shall hold a hearing on the issuance of an
1injunction on or before the date of the hearing on the petition to terminate parental
2rights under s. 48.422 (1).
AB133-ASA1-CA1,206,104
48.42
(1m) (c) Notwithstanding any other order under s. 48.355 (3), the court
,
5subject to par. (e), may grant an injunction prohibiting the respondent from visiting
6or contacting the child if the court determines that the prohibition would be in the
7best interests of the child. An injunction under this subsection is effective according
8to its terms but may not remain in effect beyond the date the court dismisses the
9petition for termination of parental rights under s. 48.427 (2) or issues an order
10terminating parental rights under s. 48.427 (3).
AB133-ASA1-CA1,206,1712
48.42
(1m) (e) 1. Except as provided in subd. 2., the court shall issue a
13temporary order and injunction prohibiting a parent of a child from visitation or
14contact with the child if the parent has been convicted under s. 940.01 of the
15first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
16homicide, of the child's other parent, and the conviction has not been reversed, set
17aside or vacated.
AB133-ASA1-CA1,206,2018
2. Subdivision 1. does not apply if the court determines by clear and convincing
19evidence that the visitation or contact would be in the best interests of the child. The
20court shall consider the wishes of the child in making that determination.
AB133-ASA1-CA1,206,2423
48.428
(6) (a)
The Except as provided in par. (b), the court may order or prohibit
24visitation by a birth parent of a child placed in sustaining care.
AB133-ASA1-CA1,207,6
148.428
(6) (b) 1. Except as provided in subd. 2., the court may not grant
2visitation under par. (a) to a birth parent of a child who has been placed in sustaining
3care if the birth parent has been convicted under s. 940.01 of the first-degree
4intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
5the child's other birth parent, and the conviction has not been reversed, set aside or
6vacated.
AB133-ASA1-CA1,207,157
1m. Except as provided in subd. 2., if a birth parent who is granted visitation
8rights with a child under par. (a) is convicted under s. 940.01 of the first-degree
9intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
10the child's other birth parent, and the conviction has not been reversed, set aside or
11vacated, the court shall issue an order prohibiting the birth parent from having
12visitation with the child on petition of the child, the guardian or legal custodian of
13the child, or the district attorney or corporation counsel of the county in which the
14dispositional order was entered, or on the court's own motion, and on notice to the
15birth parent.