AB934,65,616
48.357
(2r) If a hearing is held under sub. (1)
(b) or (2m)
(b) and the change in
17placement would remove a child from a foster home, treatment foster home
, or other
18placement with a physical custodian described in s. 48.62 (2), the court shall give the
19foster parent, treatment foster parent
, or other physical custodian described in s.
2048.62 (2) an opportunity to be heard at the hearing by permitting the foster parent,
21treatment foster parent
, or other physical custodian to make a written or oral
22statement during the hearing or to submit a written statement prior to the hearing,
23relating to the child and the requested change in placement. Any written or oral
1statement made under this subsection shall be made under oath or affirmation. A
2foster parent, treatment foster parent
, or other physical custodian described in s.
348.62 (2) who receives notice of a hearing under sub. (1)
(b) or (2m)
(b) and an
4opportunity to be heard under this subsection does not become a party to the
5proceeding on which the hearing is held solely on the basis of receiving that notice
6and opportunity to be heard.
Note: Corrects cross-references to conform to the renumbering and amendment
of s. 48.357 (1) and (2m) by this bill.
AB934,65,169
48.357
(2v) If a hearing is held under sub. (1)
(b) or (2m)
(b) and the change in
10placement would place the child outside the home in a placement recommended by
11the person or agency primarily responsible for implementing the dispositional order,
12the change in placement order shall include a statement that the court approves the
13placement recommended by that person or agency or, if the child is placed outside the
14home in a placement other than a placement recommended by that person or agency,
15a statement that the court has given bona fide consideration to the recommendations
16made by that person or agency and all parties relating to the child's placement.
Note: Corrects cross-references to conform to the renumbering and amendment
of s. 48.357 (1) and (2m) by this bill.
AB934, s. 171
17Section
171. 48.375 (7) (a) 1. of the statutes is amended to read:
AB934,65,1918
48.375
(7) (a) 1. Appoint legal counsel under s. 48.23
(1) (1m) (cm) for the minor
19if the minor is not represented by counsel.
Note: Section 48.23 (1) is renumbered to s. 48.23 (1m) by this bill.
AB934,66,17
148.981
(2) (a) (intro.)
A physician, coroner, medical examiner, nurse, dentist,
2chiropractor, optometrist, acupuncturist, other medical or mental health
3professional, social worker, marriage and family therapist, professional counselor,
4public assistance worker, including a financial and employment planner, as defined
5in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s.
6767.11, child care worker in a day care center or residential care center for children
7and youth, day care provider, alcohol or other drug abuse counselor, member of the
8treatment staff employed by or working under contract with a county department
9under s. 46.23, 51.42 or 51.437 or a residential care center for children and youth,
10physical therapist, physical therapist assistant, occupational therapist, dietitian,
11speech-language pathologist, audiologist, emergency medical technician, first
12responder or police or law enforcement officer having Any of the following persons
13who has reasonable cause to suspect that a child seen
by the person in the course of
14professional duties has been abused or neglected or
having who has reason to believe
15that a child seen
by the person in the course of professional duties has been
16threatened with abuse or neglect and that abuse or neglect of the child will occur
17shall, except as provided under sub. (2m), report as provided in sub. (3)
.:
AB934,66,23
18(b) A court-appointed special advocate
having who has reasonable cause to
19suspect that a child seen in the course of
the court-appointed special advocate's 20activities under s. 48.236 (3) has been abused or neglected or
having who has reason
21to believe that a child seen in the course of those activities has been threatened with
22abuse and neglect and that abuse or neglect of the child will occur shall, except as
23provided in sub. (2m), report as provided in sub. (3).
AB934,67,3
24(c) Any
other person
not otherwise specified in par. (a) or (b), including an
25attorney,
having who has reason to suspect that a child has been abused or neglected
1or
who has reason to believe that a child has been threatened with abuse or neglect
2and that abuse or neglect of the child will occur may
make such a report
as provided
3in sub. (3).
AB934,67,6
4(d) Any person, including an attorney
having, who has reason to suspect that
5an unborn child has been abused or
who has reason to believe that an unborn child
6is at substantial risk of abuse may report as provided in sub. (3).
AB934,67,8
7(e) No person making a report under this subsection may be discharged from
8employment for so doing.
Note: Subdivides provision and modifies language for internal consistency and
improved readability and to conform to current style. See also the next section of this bill.
AB934, s. 173
9Section
173. 48.981 (2) (a) 1. to 29. of the statutes are created to read:
AB934,67,1010
48.981
(2) (a) 1. A physician.
AB934,67,1111
2. A coroner.
AB934,67,1212
3. A medical examiner.
AB934,67,1313
4. A nurse.
AB934,67,1414
5. A dentist.
AB934,67,1515
6. A chiropractor.
AB934,67,1616
7. An optometrist.
AB934,67,1717
8. An acupuncturist.
AB934,67,1918
9. A medical or mental health professional not otherwise specified in this
19paragraph.
AB934,67,2020
10. A social worker.
AB934,67,2121
11. A marriage and family therapist.
AB934,67,2222
12. A professional counselor.
AB934,68,2
113. A public assistance worker, including a financial and employment planner,
2as defined in s. 49.141 (1) (d).
AB934,68,33
14. A school teacher.
AB934,68,44
15. A school administrator
AB934,68,55
16. A school counselor.
AB934,68,66
17. A mediator under s. 767.11.
AB934,68,87
18. A child-care worker in a day care center or residential care center for
8children and youth.
AB934,68,99
19. A day care provider.
AB934,68,1010
20. An alcohol or other drug abuse counselor.
AB934,68,1311
21. A member of the treatment staff employed by or working under contract
12with a county department under s. 46.23, 51.42, or 51.437 or a residential care center
13for children and youth.
AB934,68,1414
22. A physical therapist.
AB934,68,1515
22m. A physical therapist assistant.
AB934,68,1616
23. An occupational therapist.
AB934,68,1717
24. A dietitian.
AB934,68,1818
25. A speech-language pathologist.
AB934,68,1919
26. An audiologist.
AB934,68,2020
27. An emergency medical technician.
AB934,68,2121
28. A first responder.
AB934,68,2222
29. A police or law enforcement officer.
Note: Recreates language stricken from s. 48.981 (2) by the previous section of this
bill as a numbered series in order to accommodate the subdivision of s. 48.981 (2).
AB934, s. 174
23Section
174. 51.37 (8) (b) of the statutes is amended to read:
AB934,69,15
151.37
(8) (b) If the condition of any prisoner or inmate committed or transferred
2under this section requires psychiatric or psychological treatment after his or her
3date of release as determined under s. 302.11 or 302.113, whichever is applicable, the
4director of the state treatment facility shall, within a reasonable time before the
5release date of the prisoner or inmate, make a written application to the court
which 6that committed the prisoner or inmate under sub. (5) (a). Thereupon, the proceeding
7shall be upon application made under s. 51.20, but no physician or psychologist who
8is connected with a state prison, Winnebago
or Mental Health Institute, Mendota
9mental health institute Mental Health Institute, or any county jail or house of
10correction may be appointed as an examiner. If the court does not commit the
11prisoner or inmate, it may dismiss the application and order the prisoner or inmate
12returned to the institution from which he or she was transferred until the release
13date of the prisoner or inmate. If the court commits the prisoner or inmate for the
14period commencing upon his or her release date, the commitment shall be to the care
15and custody of the county department under s. 51.42 or 51.437.
Note: Conforms capitalization to current style.
AB934, s. 175
16Section
175. 55.02 of the statutes is amended to read:
AB934,70,12
1755.02 Protective service system; establishment. The department shall
18develop a statewide system of protective service for mentally retarded and other
19developmentally disabled persons, for aged infirm persons, for chronically mentally
20ill persons
, and for persons with other like incapacities incurred at any age in
21accordance with rules promulgated by the department. The protective service
22system shall be designed to encourage independent living and to avoid protective
23placement whenever possible. The system shall use the planning and advice of
24agencies, including the county department under s. 46.215, 46.22, 46.23, 51.42
, or
151.437. The chairperson of each county board of supervisors shall designate a county
2department under s. 46.215, 46.22, 51.42
, or 51.437
which that is providing services
3in his or her county or a joint mechanism of these county departments to have the
4responsibility for local planning for the protective service system. The chairperson
5of the Milwaukee
county County board of supervisors shall designate the county
6department under s. 46.215 to serve as the county protective services agency for
7purposes of s. 55.043. The department and these county departments shall cooperate
8in developing a coordinated system of services. The department shall provide direct
9services and enter into contracts with any responsible public or private agency for
10provision of protective services. In each county, the county department designated
11under this section shall determine the reporting requirements applicable to the
12county under s. 880.38 (3).
Note: Conforms capitalization to current style.
AB934, s. 176
13Section
176. 55.04 (1) (intro.) of the statutes is amended to read:
AB934,70,1514
55.04
(1) (intro.) The department shall have
all of the following responsibilities
15in the administration of this chapter:
Note: Corrects introductory language to conform to the amendments to s. 55.04
(1) (a) 1. to 11.
AB934, s. 177
16Section
177. 55.04 (1) (a) 1. to 11. of the statutes are amended to read:
AB934,70,1717
55.04
(1) (a) 1. Outreach
;.
AB934,70,1818
2. Identification of persons in need of services
;.
AB934,70,1919
3. Counseling and referral for services
;.
AB934,70,2020
4. Coordination of services for individuals
;.
AB934,70,2121
5. Tracking and follow-up
;.
AB934,70,2222
6. Provision of social services
;.
AB934,70,2323
7. Case management
;.
AB934,71,1
18. Legal counseling or referral
;.
AB934,71,22
9. Guardianship referral
; and.
AB934,71,33
10. Diagnostic evaluation
;.
AB934,71,54
11.
Such Any other responsibilities
as that the department
deems
considers 5appropriate.
Note: Replaces punctuation and disfavored terminology, consistent with current
style.
AB934, s. 178
6Section
178. 55.043 (1) (a) (intro.) of the statutes is amended to read:
AB934,71,147
55.043
(1) (a) (intro.) If a county protective services agency has probable cause
8to believe that there is misappropriation of property or neglect or abuse of a
9vulnerable adult, the county protective services agency may conduct an
10investigation in Milwaukee
county County to determine if the vulnerable adult in
11question is in need of protective services. The county protective services agency shall
12conduct the investigation in accordance with standards established by the
13department for conducting the investigations. The investigation shall include at
14least one of the following:
Note: Conforms capitalization to current style.
AB934, s. 179
15Section
179. 60.30 (1e) (c) of the statutes is amended to read:
AB934,72,416
60.30
(1e) (c) If an ordinance is approved in a referendum under par. (b), the
17change from an elective office to an appointive office may not take effect until the
18term of office of the incumbent town clerk, town treasurer
, or combined town clerk
19and town treasurer expires. If an ordinance is approved under par. (b) at a general
20election
, the ordinance takes effect upon the expiration of the term or terms of the
21incumbent officer or officers. If an ordinance is approved under par. (b) at a spring
22election at which the office of town clerk or town treasurer is filled, the ordinance
23takes effect upon the expiration of the term or terms of each officer who is elected at
1that election. A person appointed to the office of town clerk
, or town treasurer
, or to
2the combined office of town clerk and town treasurer
, shall serve for a term, not to
3exceed 3 years, that is set by the town board. The person may be reappointed and
4may be dismissed by the board only for cause, as defined in s.
17.16 (2) 17.001.
Note: Section 17.16 (2) is renumbered s. 17.001 by this bill. Corrects grammar.
AB934, s. 180
5Section
180. 60.30 (1e) (f) of the statutes is amended to read:
AB934,72,126
60.30
(1e) (f) If a person is appointed to office under par. (e), the person initially
7appointed may not take office until the term of office of the incumbent town clerk,
8town treasurer
, or combined town clerk and town treasurer expires. A person
9appointed to the office of town clerk
, or town treasurer
, or to the combined office of
10town clerk and town treasurer
, shall serve for a term, not to exceed 3 years, that is
11set by the town board. The person may be reappointed and may be dismissed by the
12board only for cause, as defined in s.
17.16 (2)
17.001.
Note: Section 17.16 (2) is renumbered s. 17.001 by this bill. Corrects grammar.
AB934, s. 181
13Section
181. 66.0139 (3) of the statutes is amended to read:
AB934,73,214
66.0139
(3) A political subdivision may safely dispose of abandoned or
15unclaimed flammable, explosive
, or incendiary substances, materials
, or devices
16posing that pose a danger to life or property in their storage, transportation
, or use
17immediately after taking possession of the substances, materials
, or devices without
18a public auction. The political subdivision, by ordinance or resolution, may establish
19disposal procedures. Procedures may include provisions authorizing an attempt to
20return to the rightful owner substances, materials
, or devices
which that have a
21commercial value in
the normal business usage and do not pose an immediate threat
22to life or property. If enacted, a disposal procedure shall include a presumption that
1if the substance, material
, or device appears to be or is reported stolen
, an attempt
2will be made to return the substance, material
, or device to the rightful owner.
Note: Deletes unnecessary "the," replaces disfavored word form, and corrects
punctuation.
AB934, s. 182
3Section
182. 66.0209 (4) of the statutes is amended to read:
AB934,73,84
66.0209
(4) An incorporation referendum ordered by the circuit court under s.
566.0203 (9) (f) may not be stayed pending the outcome of further litigation, unless the
6court of appeals or the supreme court, upon
an appeal or upon the filing of an original
7action in
the supreme court, concludes that a strong probability exists that the order
8of the circuit court or the decision of the department will be set aside.
Note: Inserts missing articles.
AB934, s. 183
9Section
183. 66.0309 (14) (d) 1. of the statutes is amended to read:
AB934,73,2010
66.0309
(14) (d) 1. Submit the issue to arbitration by 3 arbitrators, one to be
11chosen by the local governmental unit, one to be chosen by the regional planning
12commission
, and the third to be chosen by the first 2 arbitrators. If the arbitrators
13are unable to agree, the vote of 2 shall be the decision.
They The arbitrators may
14affirm or modify the report, and shall submit their decision in writing to the local
15governmental unit and the regional planning commission within 30 days of their
16appointment unless the time
be is extended by agreement of the commission and the
17local governmental unit. The decision
shall be is binding.
Election An election to
18arbitrate
shall be is a waiver of
the right to proceed by action. Two-thirds of the
19expenses of arbitration shall be paid by the party requesting arbitration and the
20balance by the other.
Note: Inserts a specific reference and missing articles and replaces a disfavored
term to improve readability and to conform to current style.
AB934, s. 184
21Section
184. 66.0413 (2) (c) 2. of the statutes is amended to read:
AB934,74,6
166.0413
(2) (c) 2. In an action under this subsection, the circuit court before
2which the action is commenced shall exercise jurisdiction in rem or quasi
in rem over
3the property
which that is the subject of the action. The owner of record of the
4property, if known, and all other persons of record holding or claiming any interest
5in the property shall be made parties defendant
, and service of process may be made
6upon them.