48.38 (1) (a) “Agency" means the department
of health and social services, the department of corrections, a county department or a licensed child welfare agency.
27,2475m
Section 2475m. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:
48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the child be placed in a secured correctional facility or the department of corrections intends to recommend that custody of the child be transferred to the department of corrections for participation in the youthful offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency or the department of corrections. If the court places the child in any facility outside of the child's home other than a secured correctional facility, the agency shall file the permanency plan with the court within 60 days after the date of disposition.
27,2476
Section 2476
. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the child be placed in a secured correctional facility or in the serious juvenile offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. If the court places the child in any facility outside of the child's home other than a secured correctional facility, the agency shall file the permanency plan with the court within 60 days after the date of disposition.
27,2478
Section 2478
. 48.39 of the statutes is amended to read:
48.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law coming within its jurisdiction under s. 48.12 bars any future criminal proceeding on the same matter in circuit court when the child reaches the age of 18 17. This section does not affect criminal proceedings in circuit court which were transferred under s. 48.18.
27,2479
Section 2479
. 48.396 (1) of the statutes is amended to read:
48.396 (1) Peace officers' records of children shall be kept separate from records of persons 18 or older adults. Peace officers' records of children shall not be open to inspection or their contents disclosed except under sub. (1m) or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 16 or older who are transferred to the criminal courts.
27,2480
Section 2480
. 48.396 (2) (b) of the statutes is amended to read:
48.396 (2) (b) Upon request of the department
of health and social services, the department of corrections or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under 45 CFR 1355, 1356 and 1357, the court shall open those records for inspection by authorized representatives of the requesting department or federal agency.
27,2480m
Section 2480m. 48.396 (2) (e) of the statutes is amended to read:
48.396 (2) (e) Upon request of the department of health and social services corrections to review court records for the purpose of providing, under s. 980.015 (3) (a), the department of justice or a district attorney with a person's offense history, the court shall open for inspection by authorized representatives of the department of health and social services corrections the records of the court relating to any child who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6).
27,2495
Section 2495
. 48.432 (2) (a) of the statutes is amended to read:
48.432 (2) (a) The department, or agency contracted with under sub. (9), shall maintain all information obtained under s. 48.427 (6) (b) in a centralized birth record file.
27,2496
Section 2496
. 48.432 (2) (b) of the statutes is amended to read:
48.432 (2) (b) Any birth parent whose rights to a child have been terminated in this state at any time, or who consented to the adoption of a child before February 1, 1982, may file with the department, or agency contracted with under sub. (9), any relevant medical or genetic information about the child or the child's birth parents, and the department or agency shall maintain the information in the centralized birth record file.
27,2497
Section 2497
. 48.432 (3) (a) (intro.) of the statutes is amended to read:
48.432 (3) (a) (intro.) The department, or agency contracted with under sub. (9), shall release the medical information under sub. (2) to any of the following persons upon request:
27,2498
Section 2498
. 48.432 (3) (b) of the statutes is amended to read:
48.432 (3) (b) Before releasing the information under par. (a), the department, or agency contracted with under sub. (9), shall delete the name and address of the birth parent and the identity of any provider of health care to the individual or adoptee or to the birth parent.
27,2499
Section 2499
. 48.432 (3) (c) of the statutes is amended to read:
48.432 (3) (c) The person making a request under this subsection shall pay a fee for the cost of locating, verifying, purging, summarizing, copying and mailing the medical or genetic information according to a fee schedule established by the department, or agency contracted with under sub. (9), based on ability to pay. The fee may not be more than $150 and may be waived by the department or agency.
27,2500
Section 2500
. 48.432 (4) (a) of the statutes is amended to read:
48.432 (4) (a) Whenever any person specified under sub. (3) wishes to obtain medical and genetic information about an individual whose birth parent's rights have been terminated in this state at any time, or whose birth parent consented to his or her adoption before February 1, 1982, or medical and genetic information about the birth parents of such an individual or adoptee, and the information is not on file with the department, or agency contracted with under sub. (9), the person may request that the department or agency conduct a search for the birth parents to obtain the information. The request shall be accompanied by a statement from a physician certifying either that the individual or adoptee has or may have acquired a genetically transferable disease or that the individual's or adoptee's medical condition requires access to the information.
27,2501
Section 2501
. 48.432 (4) (b) of the statutes is amended to read:
48.432 (4) (b) Upon receipt of a request under par. (a), the department, or agency contracted with under sub. (9), shall undertake a diligent search for the individual's or adoptee's parents. Upon request by the department, an agency shall cooperate in the search and shall make its records available to the department. The department may not require an agency to conduct the search, but may designate an agency to do so with the agency's consent.
27,2502
Section 2502
. 48.432 (4) (d) of the statutes is amended to read:
48.432 (4) (d) The department, or agency designated by the department contracted with under par. (b) sub. (9), shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search.
27,2503
Section 2503
. 48.432 (4) (f) of the statutes is amended to read:
48.432 (4) (f) The department, or agency contracted with under sub. (9), shall release to the requester any medical or genetic information provided by a birth parent under this subsection without disclosing the birth parent's identity or location.
27,2504
Section 2504
. 48.432 (4) (g) of the statutes is amended to read:
48.432 (4) (g) If a birth parent is located but refuses to provide the information requested, the department, or agency contracted with under sub. (9), shall notify the requester, without disclosing the birth parent's identity or location, and the requester may petition the circuit court to order the birth parent to disclose the information. The court shall grant the motion for good cause shown.
27,2505
Section 2505
. 48.432 (8m) (intro.) of the statutes is amended to read:
48.432 (8m) (intro.) The department
, or agency contracted with under sub. (9), shall give priority to all of the following:
27,2506
Section 2506
. 48.432 (9) of the statutes is amended to read:
48.432 (9) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.
27,2507
Section 2507
. 48.433 (2) of the statutes is amended to read:
48.433 (2) Any birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may file with the department, or agency contracted with under sub. (11), an affidavit authorizing the department or agency to provide the child with his or her original birth certificate and with any other available information about the birth parent's identity and location. An affidavit filed under this subsection may be revoked at any time by notifying the department or agency in writing.
27,2508
Section 2508
. 48.433 (3) (intro.) of the statutes is amended to read:
48.433 (3) (intro.) Any person 21 years of age or over whose birth parent's rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982, may request the department, or agency contracted with under sub. (11), to provide the person with the following:
27,2509
Section 2509
. 48.433 (4) of the statutes is amended to read:
48.433 (4) Before acting on the request, the department, or agency contracted with under sub. (11), shall require the requester to provide adequate identification.
27,2510
Section 2510
. 48.433 (5) (intro.) of the statutes is amended to read:
48.433 (5) (intro.) The department, or agency contracted with under sub. (11), shall disclose the requested information in either of the following circumstances:
27,2511
Section 2511
. 48.433 (5) (a) of the statutes is amended to read:
48.433 (5) (a) The department, or agency contracted with under sub. (11), has on file unrevoked affidavits filed under sub. (2) from both birth parents.
27,2512
Section 2512
. 48.433 (6) (a) of the statutes is amended to read:
48.433 (6) (a) If the department, or agency contracted with under sub. (11), does not have on file an affidavit from each known birth parent, it shall, within 3 months after the date of the original request, undertake a diligent search for each birth parent who has not filed an affidavit. The search shall be completed within 6 months after the date of the request, unless the search falls within one of the exceptions established by the department by rule. If any information has been provided under sub. (5), the department or agency is not required to conduct a search.
27,2513
Section 2513
. 48.433 (6) (b) of the statutes is repealed.
27,2514
Section 2514
. 48.433 (6) (d) of the statutes is amended to read:
48.433 (6) (d) The department, or agency designated by the department contracted with under par. (b) sub. (11), shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search.
27,2515
Section 2515
. 48.433 (7) (b) of the statutes is amended to read:
48.433 (7) (b) Within 3 working days after contacting a birth parent, the department, or agency contracted with under sub. (11), shall send the birth parent a written copy of the information specified under par. (a) and a blank copy of the affidavit.
27,2516
Section 2516
. 48.433 (7) (c) of the statutes is amended to read:
48.433 (7) (c) If the birth parent files the affidavit, the department, or agency contracted with under sub. (11), shall disclose the requested information if permitted under sub. (5).
27,2517
Section 2517
. 48.433 (7) (e) of the statutes is amended to read:
48.433 (7) (e) If, after a search under this subsection, a known birth parent cannot be located, the department, or agency contracted with under sub. (11), may disclose the requested information if the other birth parent has filed an unrevoked affidavit under sub. (2).
27,2518
Section 2518
. 48.433 (8) (a) (intro.) of the statutes is amended to read:
48.433 (8) (a) (intro.) If a birth parent is known to be dead and has not filed an unrevoked affidavit under sub. (2), the department, or agency contracted with under sub. (11), shall so inform the requester. The department or agency may not provide the requester with his or her original birth certificate or with the identity of that parent, but shall provide the requester with any available information it has on file regarding the identity and location of the other birth parent if both of the following conditions exist:
27,2519
Section 2519
. 48.433 (8) (b) of the statutes is amended to read:
48.433 (8) (b) If a birth parent is known to be dead, the department, or agency contracted with under sub. (11), in addition to the information provided under par. (a), shall provide the requester with any nonidentifying social history information about the deceased parent on file with the department or agency.
27,2520
Section
2520. 48.433 (8m) of the statutes is amended to read:
48.433 (8m) If the department, or agency contracted with under sub. (11), may not disclose the information requested under this section, it shall provide the requester with any nonidentifying social history information about either of the birth parents that it has on file.
27,2521
Section 2521
. 48.433 (11) of the statutes is amended to read:
48.433 (11) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.
27,2522
Section 2522
. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:
CHAPTER 48
SUBCHAPTER IX
JURISDICTION OVER PERSON 18 17
OR OLDER
27,2523
Section 2523
. 48.44 (title) and (1) of the statutes are amended to read:
48.44 (title) Jurisdiction over persons 18 17 or older. (1) The court has jurisdiction over persons
18 17 or older as provided under ss. 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.
27,2524
Section 2524
. 48.45 (1) (a) of the statutes is amended to read:
48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.12 or 48.13 it appears that any person 18 17 or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.
27,2525
Section 2525
. 48.45 (3) of the statutes is amended to read:
48.45 (3) If it appears at a court hearing that any person 18 17 or older has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.
27,2526
Section 2526
. 48.48 (intro.) of the statutes is amended to read:
48.48 (title) Authority of department
of health and social services. (intro.) The department
of health and social services shall have authority:
27,2526m
Section 2526m. 48.48 (1) of the statutes is amended to read:
48.48 (1) To promote the enforcement of the laws relating to delinquent children, nonmarital children and children in need of protection or services including developmentally disabled children and to take the initiative in all matters involving the interests of such children where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments, licensed child welfare agencies and with parents and other individuals interested in the welfare of children.
27,2527m
Section 2527m. 48.48 (3) of the statutes is amended to read:
48.48 (3) To accept legal custody of children transferred to it by the court under s. 48.355 and guardianship of children when appointed by the court, and to provide special treatment and care when directed by the court. A court may not direct the department to administer psychotropic medications to children who receive special treatment or care under this subsection.
27,2528m
Section 2528m. 48.48 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.
27,2528r
Section 2528r. 48.48 (4m) (intro.) of the statutes is repealed.
27,2529
Section 2529
. 48.48 (4m) (a) of the statutes is amended to read:
48.48 (4m) (a) Is at least 18
17 years of age;
27,2529m
Section 2529m. 48.48 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
27,2530
Section 2530
. 48.48 (4m) (b) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:
48.48 (4m) (b) Was in the legal custody of the department or under its supervision under s. 48.34 (4m) or (4n) when the person reached 18 17 years of age;
27,2530m
Section 2530m. 48.48 (4m) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
