Note: 2009 Wis. Act 79, section
158, and
2009 Wis. Act 94, section
381, create very
similar, but not identical, provisions that are numbered s. 938.38 (4m). This treatment
gives effect to both acts by merging the text of the two provisions and eliminating minor
differences in punctuation and sentence structure. The provision created as s. 938.38
(4m) (c) in Act 94 is created as s. 938.38 (4m) (d) in Act 79, and a provision with no
counterpart in Act 94 is created as s. 938.38 (4m) (c) in Act 79. The provision created as
938.38 (4m) (c) in Act 79 is recreated here as s. 938.38 (4m) (c), and the provision created
as s. 938.38 (4m) (c) in Act 94 and as s. 938.38 (4m) (d) in Act 79 is recreated here as s.
938.38 (4m) (d). Act 79, section 159, and Act 94, section 382, each eliminated the phrase
"treatment foster parent" in s. 938.38 (4m), as created by the respective acts, as of
January 1, 2011.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 938.38 (5) (b) reads:
(b) The court or the agency shall notify the juvenile; the juvenile's parent,
guardian, and legal custodian; and the juvenile's foster parent or treatment foster parent,
the operator of the facility in which the juvenile is living, or the relative with whom the
juvenile is living; and, if the juvenile is an Indian juvenile who is placed outside the home
of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian
juvenile's Indian custodian and tribe of the time, place, and purpose of the review, of the
issues to be determined as part of the review, and of the fact that they shall have right
to be heard at the review as provided in par. (bm) 1. The court or agency shall notify the
person representing the interests of the public, the juvenile's counsel, and the juvenile's
guardian ad litem of the time, place, and purpose of the review, of the issues to be
determined as part of the review, and of the fact that they may have an opportunity to
be heard at the review as provided in par. (bm) 1. The notices under this paragraph shall
be provided in writing not less than 30 days before the review and copies of the notices
shall be filed in the juvenile's case record.
SB285,50,1510
938.38
(5) (b) The court or the agency shall notify the juvenile
, if he or she is
1110 years of age or older; the juvenile's parent, guardian, and legal custodian; the
12juvenile's foster parent, the operator of the facility in which the juvenile is living, or
1the relative with whom the juvenile is living; and, if the juvenile is an Indian juvenile
2who is placed outside the home of his or her parent or Indian custodian under s.
3938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the
4date, time,
and place
, and purpose of the review, of the issues to be determined as part
5of the review, and of the fact that they
may have an opportunity shall have a right 6to be heard at the review
by submitting written comments not less than 10 working
7days before the review or by participating at the review as provided in par. (bm) 1.
8The court or agency shall notify the person representing the interests of the public,
9the juvenile's counsel, and the juvenile's guardian ad litem of the
date time, place,
10and purpose of the review, of the issues to be determined as part of the review, and
11of the fact that they may
submit written comments not less than 10 working days
12before the review have an opportunity to be heard at the review as provided in par.
13(bm) 1. The notices under this paragraph shall be provided in writing not less than
1430 days before the review and copies of the notices shall be filed in the juvenile's case
15record.
Note: 2009 Wis. Act 94, section
384, repealed and recreated s. 938.38 (5) (b)
without taking cognizance of the repeal and recreation of the provision by
2009 Wis. Act
79, section
161. There is no mutual inconsistency between the treatments made by the
two acts, and the substantive changes made by Act 79 are made here in order to give effect
to both acts.
SB285,51,718
938.38
(5) (bm) 1. A juvenile, parent, guardian, legal custodian, foster parent,
19operator of a facility, or relative who is provided notice of the review under par. (b)
20shall have a right to be heard at the review by submitting written comments relevant
21to the determinations specified in par. (c) not less than 10 working days before the
22date of the review or by participating at the review. A person representing the
1interests of the public, counsel, or guardian ad litem who is provided notice of the
2review under par. (b) may have an opportunity to be heard at the review by
3submitting written comments relevant to the determinations specified in par. (c) not
4less than 10 working days before the date of the review. A foster parent, operator of
5a facility, or relative who receives notice of a
hearing review under par. (b) and a right
6to be heard under this subdivision does not become a party to the proceeding on which
7the review is held solely on the basis of receiving that notice and right to be heard.
Note: 2009 Wis. Act 79 deleted "review" without showing it as stricken and
inserted "hearing" without showing it as scored. No change was intended. The
proceeding under s. 938.38 (5) (b) is referred to as a "review" throughout the provision.
SB285,51,1210
938.38
(5) (c) 7. Whether reasonable efforts were made by the agency to achieve
11the goal of the permanency plan
, including, if appropriate, through an out-of-state
12placement
,.
Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is
inserted, but its reinsertion was made necessary by the treatment by
2009 Wis. Act 79.
Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment
by Act 185.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 938.38 (5) (d) reads:
(d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the permanency
plan shall, at least 5 days before a review by a review panel, provide to each person
appointed to the review panel, the juvenile's parent, guardian, and legal custodian, the
person representing the interests of the public, the juvenile's counsel, the juvenile's
guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the
home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the
Indian juvenile's Indian custodian and tribe a copy of the permanency plan and any
written comments submitted under par. (bm) 1. Notwithstanding s. 938.78 (2) (a), a
person appointed to a review panel, the person representing the interests of the public,
the juvenile's counsel, the juvenile's guardian ad litem, and, if the juvenile is an Indian
juvenile who is placed outside the home of his or her parent or Indian custodian under
s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe may have
access to any other records concerning the juvenile for the purpose of participating in the
review. A person permitted access to a juvenile's records under this paragraph may not
disclose any information from the records to any other person.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 938.38 (5) (e) reads:
(e) Within 30 days, the agency shall prepare a written summary of the
determinations under par. (c) and shall provide a copy to the court that entered the order;
the juvenile or the juvenile's counsel or guardian ad litem; the person representing the
interests of the public; the juvenile's parent, guardian, and or legal custodian; the
juvenile's foster parent or treatment foster parent, the operator of the facility where the
juvenile is living, or the relative with whom the juvenile is living; and, if the juvenile is
an Indian juvenile who is placed outside the home of his or her parent or Indian custodian
under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe.
SB285,52,146
938.38
(5) (e) Within 30 days, the agency shall prepare a written summary of
7the determinations under par. (c) and shall provide a copy to the court that entered
8the order; the juvenile or the juvenile's counsel or guardian ad litem; the person
9representing the interests of the public; the juvenile's parent, guardian, or legal
10custodian; the juvenile's foster parent
or, the operator of the facility where the
11juvenile is living
, or the relative with whom the juvenile is living; and, if the juvenile
12is an Indian juvenile who is placed outside the home of his or her parent or Indian
13custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian
14and tribe.
Note: 2009 Wis. Act 94, section
388, repealed and recreated s. 938.38 (5) (e)
without taking cognizance of the repeal and recreation of the provision by
2009 Wis. Act
79, section
170. There is no mutual inconsistency between the treatments made by the
two acts, and the substantive changes made by Act 79 are made here in order to give effect
to both acts.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 938.38 (5m) (b) reads:
(b) Not less than 30 days before the date of the hearing, the court shall notify the
juvenile; the juvenile's parent, guardian, and legal custodian; and the juvenile's foster
parent or treatment foster parent, the operator of the facility in which the juvenile is
living, or the relative with whom the juvenile is living of the time, place, and purpose of
the hearing, of the issues to be determined at the hearing, and of the fact that they shall
have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the
juvenile's counsel and the juvenile's guardian ad litem; the agency that prepared the
permanency plan; the person representing the interests of the public; and, if the juvenile
is an Indian juvenile who is placed outside the home of his or her parent or Indian
custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and
tribe of the time, place, and purpose of the hearing, of the issues to be determined at the
hearing, and of the fact that they may have an opportunity to be heard at the hearing as
provided in par. (c) 1.
SB285,54,26
938.38
(5m) (b) Not less than 30 days before the date of the hearing, the court
7shall notify the juvenile; the juvenile's parent, guardian, and legal custodian;
and the
8juvenile's foster parent, the operator of the facility in which the juvenile is living, or
9the relative with whom the juvenile is living
; of the time, place, and purpose of the
10hearing, of the issues to be determined at the hearing, and of the fact that they shall
11have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the
12juvenile's counsel and the juvenile's guardian ad litem; the agency that prepared the
13permanency plan; the person representing the interests of the public; and, if the
14juvenile is an Indian juvenile who is placed outside the home of his or her parent or
15Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
16custodian and tribe of the
date, time,
and place
, and purpose of the hearing
, of the
1issues to be determined at the hearing, and of the fact that they may have an
2opportunity to be heard at the hearing as provided in par. (c) 1.
Note: 2009 Wis. Act 94, section
390, repealed and recreated s. 48.38 (5m) (b)
without taking cognizance of the repeal and recreation of the provision by
2009 Wis. Act
79, section
172. There is no mutual inconsistency between the treatments made by the
two acts, and the substantive changes made by Act 79 are made here in order to give effect
to both acts.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 938.38 (5m) (d) reads:
(d) At least 5 days before the date of the hearing the agency that prepared the
permanency plan shall provide a copy of the permanency plan and any written comments
submitted under par. (c) 1. to the court, to the juvenile's parent, guardian, and legal
custodian, to the person representing the interests of the public, to the juvenile's counsel
or guardian ad litem, and, if the juvenile is an Indian juvenile who is placed outside the
home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), to the
Indian juvenile's Indian custodian and tribe. Notwithstanding s. 938.78 (2) (a), the
person representing the interests of the public, the juvenile's counsel or guardian ad
litem, and, if the juvenile is an Indian juvenile who is placed outside the home of his or
her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's
Indian custodian and tribe may have access to any other records concerning the juvenile
for the purpose of participating in the review. A person permitted access to a juvenile's
records under this paragraph may not disclose any information from the records to any
other person.
SB285,54,147
938.48
(8p) Indian juvenile placements. Reimburse Indian tribes and county
8departments, from the appropriation under s. 20.410
(1) (3) (kp), for unexpected or
9unusually high-cost out-of-home care placements of Indian juveniles who have
10been adjudicated delinquent by tribal courts. In this subsection, "unusually
11high-cost out-of-home care placements" means the amount by which the cost to an
12Indian tribe or to a county department of out-of-home care placements of Indian
13juveniles who have been adjudicated delinquent by tribal courts exceeds $50,000 in
14a fiscal year.
Note: Corrects cross-reference. Sections 20.410 (3) (kp) and 938.48 (8p) relate to
Indian juvenile placements. Section 20.410 (1) (kp) relates to correctional officer training
under s. 301.28.
SB285, s. 115
1Section
115. 941.29 (1) (f) of the statutes is amended to read:
SB285,55,72
941.29
(1) (f) Enjoined under an injunction issued under s. 813.12 or 813.122
3or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
4established by any federally recognized Wisconsin Indian tribe or band, except the
5Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
6or she is subject to the requirements and penalties under
s. 941.29 this section and
7that has been filed under s. 806.247 (3).
Note: Corrects citation form.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 961.50 (1) (intro.) reads:
(1) If a person is convicted of any violation of this chapter, the court may, in
addition to any other penalties that may apply to the crime, suspend the person's
operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than
5 years. If a court suspends a person's operating privilege under this subsection, the court
may take possession of any suspended license. If the court takes possession of a license,
it shall destroy the license. The court shall forward to the department of transportation
the record of conviction and notice of the suspension. The person is eligible for an
occupational license under s. 343.10 as follows:
SB285, s. 117
10Section
117. 971.17 (1g) (title) of the statutes is created to read:
SB285,55,1111
971.17
(1g) (title)
Notice of restriction on firearm possession.
Note: The other subsections in s. 971.17 have titles.
SB285, s. 118
12Section
118. 973.195 (1r) (e) of the statutes is amended to read:
SB285,55,1713
973.195
(1r) (e) Notwithstanding the confidentiality of victim address
14information obtained under s.
302.113 (9g) (g) 3.
302.1135 (7) (c), a district attorney
15who is required to send notice to a victim under par. (d) may obtain from the clerk
16of the circuit court victim address information that the victim provided to the clerk
17under s.
302.113 (9g) (g) 3. 302.1135 (7) (c).
Note: Corrects cross-reference. Section 302.113 (9g) (g) 3. was renumbered to s.
302.1135 (7) (c) by
2009 Wis. Act 28.
Note: "(br)" was deleted without being shown as stricken. The change was
intended but the characters "(b) (r)", which were not a part of the statute text, were shown
as stricken instead.
Note: "governing body" was deleted without being shown as stricken. The change
was intended.
Note: A comma was inserted without being shown as underscored. The change
was intended.
Note: A blank space was stricken and scored. No change was intended.
Note: A comma was deleted without being shown as stricken. The change was
intended.
Note: "(4)" was deleted without being stricken. The change was intended but the
characters "(14)", which were not a part of the statute text, were shown as stricken
instead.
Note: "Or" was deleted without being shown as stricken. The change was
intended.