4. The intake worker refers the case to the district attorney under the exception
based on the results of the juvenile classification system or the type of alleged act.
Multisystemic therapy
Under current law, if a juvenile is adjudicated delinquent, the juvenile court
must enter an order deciding one or more of the dispositions of the case under a care
and treatment plan. The bill requires DCF to contract for or provide multisystemic
therapy (MST) for a juvenile for whom that treatment is ordered under a disposition
of the case. Under the bill, MST is an intensive and ongoing family-based and
community-based treatment that addresses multiple factors that lead to antisocial
behavior in juveniles and that is delivered in a juvenile's home, school, or community.
The bill also requires DCF to promulgate rules governing MST and the licensing,
training, and qualification requirements for a person who provides it.
Responses to school-based behavior
The bill prohibits a school district employee and school resource officer from
referring to a law enforcement agency a minor pupil who is alleged to have committed
a school-related offense. Under the bill, a school-related offense is habitual truancy
or any of the following committed by a minor pupil on the property of the public school
in which the minor pupil is enrolled during a school day or during a school-sponsored
activity:
1. An offense that would be a misdemeanor, other than a violent misdemeanor,
if committed by an adult.
2. A violation of a civil law punishable by forfeiture.
3. A violation of a county, town, or other municipal ordinance.
4. A status offense, meaning a violation of the law that would not be a violation
if committed by an adult.
Instead, under the bill, such a minor pupil may be referred to either a
restorative justice program or an evidence-based intervention developed or adopted
by the school district or county. If the minor pupil refuses to participate in one of
those alternatives, a school district employee may refer the minor pupil to the
juvenile court. The bill authorizes a minor pupil to be referred to an alternative
intervention instead of to the juvenile court if an alleged violation does not qualify
as a school-related offense in certain circumstances.
Juvenile diversion services grant program
The bill creates a grant program for juvenile diversion services under which
DCF may provide grants of up to $2,000,000 in each fiscal year to counties or Indian
tribes to enable them to establish and operate evidence-based programs that provide
services to juveniles as a method of diverting them from coming under the
jurisdiction of the court.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1036,1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB1036,2
3Section
2. 20.437 (1) (be) of the statutes is created to read:
AB1036,9,54
20.437
(1) (be)
Juvenile diversion services grants. The amounts in the schedule
5for grants under s. 938.545.
AB1036,3
6Section 3
. 20.437 (1) (cL) of the statutes is created to read:
AB1036,9,87
20.437
(1) (cL)
Seventeen-year-old juvenile justice aids. A sum sufficient for
8the purposes under s. 48.5275.
AB1036,4
9Section 4
. 48.02 (1d) of the statutes is amended to read:
AB1036,9,1310
48.02
(1d) “Adult" means a person who is 18 years of age or older
, except that
11for purposes of investigating or prosecuting a person who is alleged to have violated
12any state or federal criminal law or any civil law or municipal ordinance, “
adult"
13means a person who has attained 17 years of age.
AB1036,5
14Section 5
. 48.02 (2) of the statutes is amended to read:
AB1036,9,1915
48.02
(2) “Child," when used without further qualification, means a person who
16is less than 18 years of age
, except that for purposes of investigating or prosecuting
17a person who is alleged to have violated a state or federal criminal law or any civil
18law or municipal ordinance, “child" does not include a person who has attained 17
19years of age.
AB1036,6
1Section
6. 48.355 (4) (b) 3. of the statutes is repealed.
AB1036,7
2Section
7. 48.355 (4) (b) 4. of the statutes is amended to read:
AB1036,10,193
48.355
(4) (b) 4. The date on which the child
is granted a high school or high
4school equivalency diploma or the date on which the child attains 21 years of age,
5whichever occurs first, if the child is a full-time student at a secondary school or its
6vocational or technical equivalent and
if an individualized education program under
7s. 115.787 is in effect for the child is reasonably expected to complete the program
8before attaining 21 years of age; is enrolled in an institution that provides
9postsecondary or vocational education; is participating in a program or activity
10designed to promote, or remove barriers to, employment; is employed for at least 80
11hours per month; or is incapable of doing any of those activities due to a medical
12condition, which incapacity is supported by regularly updated information in the
13child's permanency plan. The court may not grant an order that terminates as
14provided in this subdivision unless the child is 17 years of age or older when the order
15is granted and the child, or the child's guardian on behalf of the child, agrees to the
16order. At any time after the child attains 18 years of age, the child, or the child's
17guardian on behalf of the child, may request the court in writing to terminate the
18order and, on receipt of such a request, the court, without a hearing, shall terminate
19the order.
AB1036,8
20Section
8. 48.357 (6) (a) 3. of the statutes is repealed.
AB1036,9
21Section
9. 48.357 (6) (a) 4. of the statutes is amended to read:
AB1036,11,1322
48.357
(6) (a) 4. The date on which the child
is granted a high school or high
23school equivalency diploma or the date on which the child attains 21 years of age,
24whichever occurs first, if the child is a full-time student at a secondary school or its
25vocational or technical equivalent and
if an individualized education program under
1s. 115.787 is in effect for the child is reasonably expected to complete the program
2before attaining 21 years of age; is enrolled in an institution that provides
3postsecondary or vocational education; is participating in a program or activity
4designed to promote, or remove barriers to, employment; is employed for at least 80
5hours per month; or is incapable of doing any of those activities due to a medical
6condition, which incapacity is supported by regularly updated information in the
7child's permanency plan. The court may not grant an order that terminates as
8provided in this subdivision unless the child is 17 years of age or older when the order
9is granted and the child, or the child's guardian on behalf of the child, agrees to the
10order. At any time after the child attains 18 years of age, the child, or the child's
11guardian on behalf of the child, may request the court in writing to terminate the
12order and, on receipt of such a request, the court, without a hearing, shall terminate
13the order.
AB1036,10
14Section
10. 48.365 (5) (b) 3. of the statutes is repealed.
AB1036,11
15Section
11. 48.365 (5) (b) 4. of the statutes is amended to read:
AB1036,12,716
48.365
(5) (b) 4. The date on which the child
is granted a high school or high
17school equivalency diploma or the date on which the child attains 21 years of age,
18whichever occurs first, if the child is a full-time student at a secondary school or its
19vocational or technical equivalent and
if an individualized education program under
20s. 115.787 is in effect for the child is reasonably expected to complete the program
21before attaining 21 years of age; is enrolled in an institution that provides
22postsecondary or vocational education; is participating in a program or activity
23designed to promote, or remove barriers to, employment; is employed for at least 80
24hours per month; or is incapable of doing any of those activities due to a medical
25condition, which incapacity is supported by regularly updated information in the
1child's permanency plan. The court may not grant an order that terminates as
2provided in this subdivision unless the child is 17 years of age or older when the order
3is granted and the child, or the child's guardian on behalf of the child, agrees to the
4order. At any time after the child attains 18 years of age, the child, or the child's
5guardian on behalf of the child, may request the court in writing to terminate the
6order and, on receipt of such a request, the court, without a hearing, shall terminate
7the order.
AB1036,12
8Section
12. 48.366 (1) (intro.) of the statutes is amended to read:
AB1036,12,129
48.366
(1) Applicability. (intro.) This section applies to a person
who is a
10full-time student of a secondary school or its vocational or technical equivalent, for
11whom an individualized education program under s. 115.787 is in effect, and 12described in sub. (1m) to whom any of the following applies:
AB1036,13
13Section
13. 48.366 (1) (a) of the statutes is amended to read:
AB1036,12,1914
48.366
(1) (a) The person is placed in a foster home, group home, or residential
15care center for children and youth, in the home of a relative other than a parent, or
16in a supervised independent living arrangement under an order under s. 48.355,
1748.357, or 48.365 that terminates as provided in s. 48.355 (4) (b) 1.
, 2., or 3. or 2.,
1848.357 (6) (a) 1.
, 2., or 3. or 2., or 48.365 (5) (b) 1.
, 2., or 3. 2. on or after the person
19attains 18 years of age.
AB1036,14
20Section
14. 48.366 (1m) of the statutes is created to read:
AB1036,13,521
48.366
(1m) Duration of eligibility. A person may continue in out-of-home
22care under a voluntary agreement under sub. (3) until the person attains 21 years
23of age if the person is a full-time student at a secondary school or its vocational or
24technical equivalent and is reasonably expected to complete the program before
25attaining 21 years of age; is enrolled in an institution that provides postsecondary
1or vocational education; is participating in a program or activity designed to promote,
2or remove barriers to, employment; is employed for at least 80 hours per month; or
3is incapable of doing any of those activities due to a medical condition, which
4incapacity is supported by regularly updated information in the person's
5permanency plan.
AB1036,15
6Section
15. 48.366 (2) (b) 4. of the statutes is amended to read:
AB1036,13,237
48.366
(2) (b) 4. If the court determines that the person who is the subject of
8an order described in sub. (1) (a) or (b) understands that he or she may continue in
9out-of-home care, but wishes to be discharged from that care on termination of the
10order, the court shall advise the person that he or she may enter into a voluntary
11agreement under sub. (3) at any time before he or she
is granted a high school or high
12school equivalency diploma or reaches attains 21 years of age,
whichever occurs first, 13so long as he or she
is a full-time student at a secondary school or its vocational or
14technical equivalent and an individualized education program under s. 115.787 is in
15effect for him or her meets any of the conditions for eligibility described in sub. (1m).
16If the court determines that the person wishes to continue in out-of-home care under
17an extension of an order under s. 48.355, 48.357, or 48.365 described in sub. (1) (a),
18the court shall schedule an extension hearing under s. 48.365. If the court
19determines that the person wishes to continue in out-of-home care under a
20voluntary agreement under sub. (3), the court shall order the agency primarily
21responsible for providing services to the person under the order to provide
22transition-to-independent-living services for the person under that voluntary
23agreement.
AB1036,16
24Section
16. 48.366 (3) (a) of the statutes is amended to read:
AB1036,14,12
148.366
(3) (a) On termination of an order described in sub. (1) (a) or (b), the
2person who is the subject of the order, or the person's guardian on behalf of the
3person, and the agency primarily responsible for providing services to the person
4under the order may enter into a transition-to-independent-living agreement
5under which the person continues in out-of-home care
and continues to be a
6full-time student at a secondary school or its vocational or technical equivalent
7under an individualized education program under s. 115.787 until the date on which
8the person
reaches attains 21 years of age,
is granted a high school or high school
9equivalency diploma no longer meets any of the conditions for eligibility described
10in sub. (1m), or terminates the agreement as provided in par. (b), whichever occurs
11first, and the agency provides services to the person to assist him or her in
12transitioning to independent living.
AB1036,17
13Section
17. 48.366 (3) (c) of the statutes is amended to read:
AB1036,14,2414
48.366
(3) (c) A person who terminates a voluntary agreement under this
15subsection, or the person's guardian on the person's behalf, may request the agency
16primarily responsible for providing services to the person under the agreement to
17enter into a new voluntary agreement under this subsection at any time before the
18person
is granted a high school or high school equivalency diploma or reaches attains 1921 years of age,
whichever occurs first, so long as the person
is a full-time student
20at a secondary school or its vocational or technical equivalent and an individualized
21education program under s. 115.787 is in effect for him or her
meets any of the
22conditions for eligibility described in sub. (1m). If the request meets the conditions
23set forth in the rules promulgated under sub. (4) (b), the agency shall enter into a new
24voluntary agreement with that person.
AB1036,18
25Section
18. 48.396 (1) of the statutes is amended to read:
AB1036,16,2
148.396
(1) Law enforcement officers' records of children shall be kept separate
2from records of adults. Law enforcement officers' records of the adult expectant
3mothers of unborn children shall be kept separate from records of other adults. Law
4enforcement officers' records of children and the adult expectant mothers of unborn
5children shall not be open to inspection or their contents disclosed except under sub.
6(1b), (1d), (5), or (6) or s. 48.293 or 938.396 (2m) (c) 1p. or by order of the court. This
7subsection does not apply to the representatives of newspapers or other reporters of
8news who wish to obtain information for the purpose of reporting news without
9revealing the identity of the child or adult expectant mother involved, to the
10confidential exchange of information between the police and officials of the public or
11private school attended by the child or other law enforcement or social welfare
12agencies, or to children
10 13 years of age or older who are subject to the jurisdiction
13of the court of criminal jurisdiction. A public school official who obtains information
14under this subsection shall keep the information confidential as required under s.
15118.125, and a private school official who obtains information under this subsection
16shall keep the information confidential in the same manner as is required of a public
17school official under s. 118.125. This subsection does not apply to the confidential
18exchange of information between the police and officials of the tribal school attended
19by the child if the police determine that enforceable protections are provided by a
20tribal school policy or tribal law that requires tribal school officials to keep the
21information confidential in a manner at least as stringent as is required of a public
22school official under s. 118.125. A law enforcement agency that obtains information
23under this subsection shall keep the information confidential as required under this
24subsection and s. 938.396 (1) (a). A social welfare agency that obtains information
1under this subsection shall keep the information confidential as required under ss.
248.78 and 938.78.
AB1036,19
3Section 19
. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
4is amended to read:
AB1036,16,86
SUBCHAPTER IX
7
JURISDICTION OVER
PERSON 17
8
OR OLDER adults
AB1036,20
9Section 20
. 48.44 of the statutes is amended to read:
AB1036,16,13
1048.44 Jurisdiction over persons 17 or older adults. The court has
11jurisdiction over
persons 17 years of age or older
adults as provided under ss. 48.133,
1248.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in
13this chapter.
AB1036,21
14Section 21
. 48.45 (1) (a) of the statutes is amended to read:
AB1036,16,2215
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
16described in s. 48.13 it appears that any
person 17 years of age or older adult has been
17guilty of contributing to, encouraging, or tending to cause by any act or omission
,
18such that condition of the child, the judge may make orders with respect to the
19conduct of
such that person in his or her relationship to the child, including orders
20determining the ability of the person to provide for the maintenance or care of the
21child and directing when, how
, and
from where funds for the maintenance or care
22shall be paid.
AB1036,22
23Section 22
. 48.45 (1) (am) of the statutes is amended to read:
AB1036,17,524
48.45
(1) (am) If in the hearing of a case of an unborn child and the unborn
25child's expectant mother alleged to be in a condition described in s. 48.133 it appears
1that any
person 17 years of age or over
adult has been guilty of contributing to,
2encouraging, or tending to cause by any act or omission
, such that condition of the
3unborn child and expectant mother, the judge may make orders with respect to the
4conduct of
such that person in his or her relationship to the unborn child and
5expectant mother.
AB1036,23
6Section 23
. 48.45 (3) of the statutes is amended to read:
AB1036,17,117
48.45
(3) If it appears at a court hearing that any
person 17 years of age or older 8adult has violated s. 948.40, the judge shall refer the record to the district attorney
9for criminal proceedings as may be warranted in the district attorney's judgment.
10This subsection does not prevent prosecution of violations of s. 948.40 without the
11prior reference by the judge to the district attorney, as in other criminal cases.
AB1036,24
12Section 24
. 48.5275 of the statutes is created to read:
AB1036,17,17
1348.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s.
1448.526, from the appropriation under s. 20.437 (1) (cL), the department shall
15reimburse counties for the costs under s. 48.526 (2) (c) associated with juveniles who
16were alleged to have violated a state or federal criminal law or any civil law or
17municipal ordinance at age 17.
AB1036,25
18Section
25. 48.57 (3m) (a) 1. (intro.) of the statutes is amended to read:
AB1036,17,2119
48.57
(3m) (a) 1. (intro.) “Child" means a person under 18 years of age. “Child"
20also includes a person 18 years of age or over,
but under 21 years of age, if any of the
21following applies:
AB1036,26
22Section
26. 48.57 (3m) (a) 1. a. of the statutes is amended to read:
AB1036,18,623
48.57
(3m) (a) 1. a. The person is
under 19 years of age, is a full-time student
24in good academic standing at a secondary school or its vocational or technical
25equivalent
, and is reasonably expected to complete his or her program of study and
1be granted a high school or high school equivalency diploma
before attaining 21 years
2of age; is enrolled in an institution that provides postsecondary or vocational
3education; is participating in a program or activity designed to promote, or remove
4barriers to, employment; is employed for at least 80 hours per month; or is incapable
5of doing any of those activities due to a medical condition, which incapacity is
6supported by regularly updated information in the child's permanency plan.
AB1036,27
7Section
27. 48.57 (3m) (a) 1. b. of the statutes is amended to read:
AB1036,18,158
48.57
(3m) (a) 1. b. The person is
under 21 years of age, the person is a full-time
9student in good academic standing at a secondary school or its vocational or technical
10equivalent, an individualized education program under s. 115.787 is in effect for the
11person, and the person is placed in the home of the kinship care relative under an
12order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates
13under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or
14under a voluntary transition-to-independent-living agreement under s. 48.366 (3)
15or 938.366 (3).
AB1036,28
16Section
28. 48.57 (3n) (a) 1. (intro.) of the statutes is amended to read:
AB1036,18,1917
48.57
(3n) (a) 1. (intro.) “Child" means a person under 18 years of age. “Child"
18also includes a person 18 years of age or over,
but under 21 years of age, if any of the
19following applies:
AB1036,29
20Section
29. 48.57 (3n) (a) 1. a. of the statutes is amended to read:
AB1036,19,421
48.57
(3n) (a) 1. a. The person is
under 19 years of age, is a full-time student
22in good academic standing at a secondary school or its vocational or technical
23equivalent
, and is reasonably expected to complete his or her program of study and
24be granted a high school or high school equivalency diploma
before attaining 21 years
25of age; is enrolled in an institution that provides postsecondary or vocational
1education; is participating in a program or activity designed to promote, or remove
2barriers to, employment; is employed for at least 80 hours per month; or is incapable
3of doing any of those activities due to a medical condition, which incapacity is
4supported by regularly updated information in the child's permanency plan.
AB1036,30
5Section
30. 48.57 (3n) (a) 1. b. of the statutes is amended to read:
AB1036,19,136
48.57
(3n) (a) 1. b. The person is
under 21 years of age, the person is a full-time
7student in good academic standing at a secondary school or its vocational or technical
8equivalent, an individualized education program under s. 115.787 is in effect for the
9person, and the person is placed in the home of the long-term kinship care relative
10under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that
11terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years
12of age or under a voluntary transition-to-independent-living agreement under s.
1348.366 (3) or 938.366 (3).
AB1036,31
14Section
31. 48.57 (3n) (am) 6. a. of the statutes is amended to read:
AB1036,20,615
48.57
(3n) (am) 6. a. The date on which the child attains the age of 18 years;
16or, if on that date the child is a full-time student in good academic standing at a
17secondary school or its vocational or technical equivalent and is reasonably expected
18to complete his or her program of study and be granted a high school or high school
19equivalency diploma
, the date on which the child is granted a high school or high
20school equivalency diploma or the date on which the child attains the age of 19 years,
21whichever occurs first; or, if on that date the child is a full-time student in good
22academic standing at a secondary school or its vocational or technical equivalent and
23an individualized education program under s. 115.787 is in effect for the child before
24attaining 21 years of age, is enrolled in an institution that provides postsecondary
25or vocational education, is participating in a program or activity designed to promote,
1or remove barriers to, employment, is employed for at least 80 hours per month, or
2is incapable of doing any of those activities due to a medical condition, which
3incapacity is supported by regularly updated information in the child's permanency
4plan, the date on which the child
is granted a high school or high school equivalency
5diploma ceases to meet any of those conditions for eligibility or the date on which the
6child attains the age of 21 years, whichever occurs first.
AB1036,32
7Section
32. 48.623 (1m) (intro.) of the statutes is amended to read:
AB1036,20,108
48.623
(1m) Duration of eligibility. (intro.) Subsidized guardianship
9payments under sub. (1) or (6) may be continued
after until the child attains
18
21 10years of age if
any all of the following
applies apply:
AB1036,33
11Section
33. 48.623 (1m) (a) of the statutes is amended to read:
AB1036,20,1912
48.623
(1m) (a) The child is
under 19 years of age, is a full-time student at a
13secondary school or its vocational or technical equivalent
, and is reasonably expected
14to complete the program before
reaching 19 attaining 21 years of age
; is enrolled in
15an institution that provides postsecondary or vocational education; is participating
16in a program or activity designed to promote, or remove barriers to, employment; is
17employed for at least 80 hours per month; or is incapable of doing any of those
18activities due to a medical condition, which incapacity is supported by regularly
19updated information in the child's permanency plan.
AB1036,34
20Section
34. 48.623 (1m) (b) of the statutes is repealed.
AB1036,35
21Section
35. 48.623 (1m) (c) of the statutes is amended to read:
AB1036,21,222
48.623
(1m) (c) The
child is under 21 years of age, is a full-time student at a
23secondary school or its vocational or technical equivalent, an individualized
24education program under s. 115.787 is in effect for the child, and the subsidized
1guardianship agreement for the child became effective on or after the date on which
2the child attained 16 years of age.
AB1036,36
3Section
36. 48.645 (1) (intro.) of the statutes is amended to read:
AB1036,21,104
48.645
(1) Definition. (intro.) In this section, “dependent child" means a
child
5under the age of 18 or, if the child is a full-time student at a secondary school or its
6vocational or technical equivalent and is reasonably expected to complete the
7program before reaching 19 years of age, is under the age of 19, or, if the child is a
8full-time student at a secondary school or its vocational or technical equivalent for
9whom an individualized educational program under s. 115.787 is in effect, is person 10under 21 years of age
, who meets all of the following conditions:
AB1036,21,2213
48.645
(1) (a) The
child person is living in a foster home licensed under s. 48.62
14if a license is required under that section, in a foster home located within the
15boundaries of a reservation in this state and licensed by the tribal governing body
16of the reservation, in a group home licensed under s. 48.625, in a subsidized
17guardianship home under s. 48.623, in a residential care center for children and
18youth licensed under s. 48.60, with a parent in a qualifying residential family-based
19treatment facility, or in a supervised independent living arrangement and has been
20placed in that home, center, or arrangement by a county department under s. 46.215,
2146.22, or 46.23, by the department, or by a governing body of an Indian tribe in this
22state under an agreement with a county department under s. 46.215, 46.22, or 46.23.
AB1036,38
23Section
38. 48.645 (1) (b) of the statutes is amended to read:
AB1036,21,2424
48.645
(1) (b) The
child person would qualify for aid under s. 49.19, 1993 stats.
AB1036,39
25Section
39. 48.645 (1) (c) of the statutes is created to read: