808.04 (7m) An appeal from a judgment or order terminating parental rights or denying termination of parental rights shall be initiated by filing the notice required by s. 809.107 (2) within 15 30 days after the date of entry of the judgment or order appealed from. Notwithstanding s. 809.82 (2) (b), this time period may not be enlarged.
Note: Amends current law by extending the deadline for filing a notice of intent to appeal a TPR judgment or order from 15 days to 30 days.
275,138
Section 138
. 808.075 (4) (a) 10. of the statutes is created to read:
808.075 (4) (a) 10. Revision of guardianship order under s. 48.977 (6).
275,139
Section 139
. 808.075 (4) (a) 11. of the statutes is created to read:
808.075 (4) (a) 11. Termination of guardianship under s. 48.977 (7), including removal of a guardian.
Note: Under current s. 808.075 (4) (a) 1. to 9., stats., a juvenile court may do any of the following during the pendency of an appeal:
1. Review an action by a guardian under s. 48.023, stats.
2. Review a nonsecure custody order under s. 48.207, stats.
3. Review a secure detention order under s. 48.208, stats., and conduct a secure detention status review under s. 48.209 (1) (e), stats.
4. Hold a hearing for a child held in custody under s. 48.21, stats.
5. Hold a hearing upon involuntary removal under s. 48.305, stats.
6. Revise a dispositional order under s. 48.363, stats.
7. Extend a dispositional order under s. 48.365, stats., unless s. 48.368, stats., applies.
8. Review a permanency plan under s. 48.38 (5), stats.
9. Release confidential information under s. 48.396 or 48.78, stats.
These 2 sections add revision of a guardianship order under s. 48.977 (6), stats., as created by this bill, and termination of a guardianship under s. 48.977 (7), stats., as created by this bill, to the list of acts which a juvenile court may perform despite the pendency of an appeal.
275,140
Section 140
. 809.107 (5) of the statutes is amended to read:
809.107 (5) Notice of appeal; transmittal of record. Within 15 30 days after service of the transcript, the person filing a notice of intent to appeal under sub. (2) shall file a notice of appeal and docketing statement as provided in s. 809.10 (1) (a) and serve a copy of the notice on the persons required to be served under sub. (2). The clerk of the trial court shall transmit the record to the court of appeals as soon as the record is prepared but in no event more than 15 days after the filing of the notice of appeal.
Note: Amends current law by extending the deadline for filing the official notice of appeal of a TPR judgment or order and the docketing statement from 15 days to 30 days after the date of service of the transcript by the court reporter.
275,141
Section 141
. 809.107 (6) (e) of the statutes is amended to read:
809.107 (6) (e) Cases appealed under this section shall be given preference and shall be taken in an order that ensures that a decision is issued within 45
30 days after the filing of the record on appeal with the court of appeals appellant's reply brief or statement that a reply brief will not be filed.
Note: Provides that a court of appeals must decide a TPR appeal within 30 days after the filing of the appellant's reply brief or the appellant's statement that a reply brief will not be filed, rather than 45 days after the filing of the record on appeal.
275,142
Section 142
. 809.107 (6) (f) of the statutes is amended to read:
809.107 (6) (f) A petition for review of an appeal in the supreme court, if any, shall be filed within 15
30 days after the date of the decision of the court of appeals. The supreme court shall give preference to a petition for review of an appeal filed under this paragraph.
Note: Provides that a petition for the supreme court to review an appeal of a TPR case must be filed within 30 days after the date of the decision of the court of appeals, rather than 15 days.
275,143
Section 143
. 813.122 (1) (a) of the statutes is repealed and recreated to read:
813.122 (1) (a) “Abuse" has the meaning given in s. 48.02 (1) and, in addition, includes a threat to engage in any conduct under s. 48.02 (1).
Note: Deletes the definition of “abuse" in the child abuse restraining order and injunction statute and substitutes the definition of “abuse" in s. 48.02 (1), stats., as created by this bill, plus the threat to engage in any conduct that is defined as “abuse" in s. 48.02 (1), stats.
275,144
Section 144
. 813.122 (1) (e) of the statutes is repealed.
Note: Repeals the definition of “emotional damage" in the child abuse restraining order and injunction statute. “Emotional damage" as defined in s. 48.02 (5j), stats., as created by this bill, is incorporated in the definition of “abuse" in s. 48.02 (1), stats., as created by this bill, which is incorporated by reference in the definition of “abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.
275,145
Section 145
. 813.122 (1) (f) of the statutes is repealed.
Note: Repeals the definition of “physical injury" in the child abuse restraining order and injunction statute. “Physical injury" as defined in s. 48.02 (14m), stats., as created by this bill, is incorporated in the definition of “abuse" in s. 48.02 (1), stats., as created by this bill, which is incorporated by reference in the definition of “abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.
275,146
Section 146
. 813.122 (8) of the statutes is repealed.
Note: Repeals the provision in the child abuse restraining order and injunction statute which specifies that, in cases involving an allegation of emotional damage, the court may admit evidence of a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for a child's age and stage of development. Provision for this evidence is included in the definition of “emotional damage" which is incorporated in the definition of “abuse" in s. 48.02 (1), stats., as created by this bill, which is incorporated by reference in the definition of “abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.
275,147
Section 147
. 905.04 (4) (e) 1. a. of the statutes is amended to read:
905.04 (4) (e) 1. a. “Abuse" has the meaning given in s. 48.981 48.02 (1) (a).
Note: With respect to the provision that specifies that there is no physician-patient, registered nurse-patient, chiropractor-patient, psychologist-patient, social worker-patient, marriage and family therapist-patient or professional counselor-patient privilege in certain cases of abuse or neglect, the amendment reflects the renumbering resulting from deleting the definition of “abuse" in s. 48.981 (1) (a), stats., and creating a definition of “abuse" in s. 48.02 (1), stats., as created by this bill.
275,147b
Section 147b. 938.13 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.13 (4) Whose parent or guardian signs the petition requesting jurisdiction under this subsection and states that he or she is unable or needs assistance to control the juvenile.
275,147c
Section 147c. 938.205 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.205 (1) (b) That the parent, guardian or legal custodian of the juvenile or other responsible adult is neglecting, refusing, unable or unavailable, unwilling or unable to provide adequate supervision and care and that services to ensure the juvenile's safety and well-being are not available or would be inadequate.
275,147d
Section 147d. 938.21 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.21 (1) (b) If no petition has been filed by the time of the hearing, a juvenile may be held in custody with the approval of the judge or juvenile court commissioner for an additional 48 hours from the time of the hearing only if, as a result of the facts brought forth at the hearing, the judge or juvenile court commissioner determines that probable cause exists to believe that the juvenile is an imminent danger to himself or herself or to others, or that probable cause exists to believe that the parent, guardian or legal custodian of the juvenile or other responsible adult is unwilling neglecting, refusing, unable or unavailable to provide adequate supervision and care. The extension may be granted only once for any petition. In the event of failure to file a petition within the 48-hour extension period provided for in this paragraph, the judge or juvenile court commissioner shall order the juvenile's immediate release from custody.
275,147e
Section 147e. 938.235 (3) (title) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.235 (3) (title) Duties and responsibilities.
275,147f
Section 147f. 938.235 (3) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.235 (3) (a).
275,147g
Section 147g. 938.235 (3) (b) of the statutes is created to read:
938.235 (3) (b) In addition to any other duties and responsibilities required of a guardian ad litem, a guardian ad litem appointed for a juvenile who is the subject of a proceeding under s. 938.13 shall do all of the following:
1. Unless granted leave by the court not to do so, personally, or through a trained designee, meet with the juvenile, assess the appropriateness and safety of the juvenile's environment and, if the juvenile is old enough to communicate, interview the juvenile and determine the juvenile's goals and concerns regarding his or her placement.
2. Make clear and specific recommendations to the court concerning the best interest of the juvenile at every stage of the proceeding.
275,147h
Section 147h. 938.235 (4) (a) 7g. of the statutes is created to read:
938.235 (4) (a) 7g. Petition for the appointment of a guardian under s. 48.977 (2), the revision of a guardianship order under s. 48.977 (6) or the removal of a guardian under s. 48.977 (7).
275,147i
Section 147i. 938.235 (4) (a) 7m. of the statutes is created to read:
938.235 (4) (a) 7m. Bring an action or motion for the determination of the juvenile's paternity under s. 767.45.
275,147im
Section 147im. 938.24 (5) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.24 (5) The intake worker shall recommend request that a petition be filed, enter into a deferred prosecution agreement or close the case within 40 days or sooner of receipt of referral information. If the case is closed or a deferred prosecution agreement is entered into, the district attorney, corporation counsel or other official under s. 938.09 shall receive written notice of such action. In addition, if a deferred prosecution agreement is entered into placing a juvenile in a youth village program as described in s. 118.42, the judge or juvenile court commissioner shall receive written notice of such action and, on receipt of that notice, shall enter an order requiring compliance with that agreement. A notice of deferred prosecution of an alleged delinquency case shall include a summary of the facts surrounding the allegation and a list of prior intake referrals and dispositions. If a law enforcement officer has made a recommendation concerning the juvenile, the intake worker shall forward this recommendation to the district attorney under s. 938.09. Notwithstanding the requirements of this section, the district attorney may initiate a delinquency petition under s. 938.25 within 20 days after notice that the case has been closed or that a deferred prosecution agreement has been entered into. The judge shall grant appropriate relief as provided in s. 938.315 (3) with respect to any such petition which is not referred or filed within the time limits specified within this subsection.
275,147j
Section 147j. 938.27 (3) (a) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.27 (3) (a) 1. and amended to read:
938.27 (3) (a) 1. The court shall also notify, under s. 938.273, the juvenile and, any parent, guardian and legal custodian of the juvenile, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile and any person specified in par. (b), if applicable, of all hearings involving the juvenile under this subchapter, except hearings on motions for which notice need only be provided to the juvenile and his or her counsel. Where parents entitled to notice have the same place of residence, notice to one shall constitute notice to the other. The first notice to any interested party, foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) shall be written and may have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.
275,147k
Section 147k. 938.27 (3) (a) 2. of the statutes is created to read:
938.27 (3) (a) 2. Failure to give notice under subd. 1. to a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the action or proceeding. If a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under subd. 1. and if the court is required under this chapter to permit that person to make a written or oral statement at the hearing or to submit a written statement prior to the hearing and that person does not make or submit such statement, that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.
275,147L
Section 147L. 938.299 (1) (ag) of the statutes is created to read:
938.299 (1) (ag) If a public hearing is not held, in addition to persons permitted to attend under par. (a), the juvenile's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) may be present, except that the court may exclude a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) from any portion of the hearing if that portion of the hearing deals with sensitive personal information of the juvenile or the juvenile's family or if the court determines that excluding the foster parent, treatment foster parent or other physical custodian would be in the best interests of the juvenile.
275,147m
Section 147m. 938.299 (6) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.299 (6) (intro.) and amended to read:
938.299 (6) (intro.) If a man who has been given notice under s. 938.27 (3) (b) 1. appears at any hearing for which he received the notice, alleges that he is the father of the juvenile and states that he wishes to establish the paternity of the juvenile, the all of the following apply:
(a) The court shall refer the matter to the state or to the attorney responsible for support enforcement under s. 59.458 (1) for a determination, under s. 767.45, of whether an action should be brought for the purpose of determining the paternity of the juvenile.
(d) The court may stay the proceedings under this chapter pending the outcome of the paternity proceedings under ss. 767.45 to 767.60 if the court determines that the paternity proceedings will not unduly delay the proceedings under this chapter and the determination of paternity is necessary to the court's disposition of the juvenile if the juvenile is found to be in need of protection or services. As part of the proceedings under this chapter, the court may order that a record be made of any testimony of the juvenile's mother relating to the juvenile's paternity. A record made under this subsection is admissible in a proceeding to determine the juvenile's paternity under ss. 767.45 to 767.60.
275,147n
Section 147n. 938.299 (6) (b), (c) and (e) of the statutes are created to read:
938.299 (6) (b) The state or the attorney responsible for support enforcement who receives a referral under par. (a) shall perform the duties specified under s. 767.45 (5) (c) and (6r).
(c) The court having jurisdiction over actions affecting the family shall give priority under 767.475 (7m) to an action brought under s. 767.45 whenever the petition filed under s. 767.45 indicates that the matter was referred by the court under par. (a).
(e) 1. In this paragraph, “genetic test" means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability that a man who is alleged to be a juvenile's father is the juvenile's biological father.
2. The court shall, at the hearing, orally inform any man specified in sub. (6) (intro.) that he may be required to pay for any testing ordered by the court under this paragraph or under s. 885.23.
3. In addition to ordering testing as provided under s. 885.23, if the court determines that it would be in the best interests of the juvenile, the court may order any man specified in sub. (6) (intro.) to submit to one or more genetic tests which shall be performed by an expert qualified as an examiner of genetic markers present on the cells and of the specific body material to be used for the tests, as appointed by the court. A report completed and certified by the court-appointed expert stating genetic test results and the statistical probability that the man alleged to be the juvenile's father is the juvenile's biological father based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at any hearing. The court, upon request by a party, may order that independent tests be performed by other experts qualified as examiners of genetic markers present on the cells of the specific body materials to be used for the tests.
4. If the genetic tests show that an alleged father is not excluded and that the statistical probability that the alleged father is the child's biological father is 99.0% or higher, the court may determine that for purposes of a proceeding under this chapter or ch. 48, other than a proceeding under subch. VIII of ch. 48, the man is the juvenile's biological parent.
5. A determination by the court under subd. 4. is not a judgment of paternity under ch. 767 or an adjudication of paternity under subch. VIII of ch. 48.
275,147ng
Section 147ng. 938.299 (7) of the statutes is created to read:
938.299 (7) If a man who has been given notice under s. 938.27 (3) (b) 1. appears at any hearing for which he received the notice but does not allege that he is the father of the juvenile and state that he wishes to establish the paternity of the juvenile or if no man to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s. 59.458 (1) for a determination, under s. 767.45, of whether an action should be brought for the purpose of determining the paternity of the juvenile.
275,147p
Section 147p. 938.299 (8) of the statutes is created to read:
938.299 (8) As part of the proceedings under this chapter, the court may order that a record be made of any testimony of the juvenile's mother relating to the juvenile's paternity. A record made under this subsection is admissible in a proceeding to determine the juvenile's paternity under ss. 767.45 to 767.60.
275,147q
Section 147q. 938.356 (1) and (2) of the statutes, as created by 1995 Wisconsin Act 77, are amended to read:
938.356 (1) Whenever the court orders a juvenile to be placed outside his or her home or denies a parent visitation because the juvenile has been adjudged to be in need of protection or services under s. 938.345, 938.357, 938.363 or 938.365, the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the juvenile to be returned to the home or for the parent to be granted visitation.
(2) In addition to the notice required under sub. (1), any written order which places a juvenile outside the home or denies visitation under sub. (1) shall notify the parent or parents of the information specified under sub. (1).
275,147r
Section 147r. 938.357 (1) and (2m) of the statutes, as created by 1995 Wisconsin Act 77, are amended to read:
938.357 (1) The person or agency primarily responsible for implementing the dispositional order or the district attorney may request a change in the placement of the juvenile, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the juvenile or the juvenile's counsel or guardian ad litem, parent, foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), guardian and legal custodian. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements shall not be changed until 10 days after such notice is sent to the court unless the parent, guardian or legal custodian and the juvenile, if 12 or more years of age, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order. If a hearing is held under this subsection and the change in placement would remove a juvenile from a foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit the foster parent may, treatment foster parent or other physical custodian described in s. 48.62 (2) to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested change in placement.
(2m) The juvenile, the parent, guardian, or legal custodian of the juvenile or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which affects the advisability of the current placement. This request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion. The court shall hold a hearing on the matter prior to ordering any change in placement under this subsection if the request states that new information is available which affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) and the court approves. If a hearing is scheduled, the court shall notify the juvenile, the parent, foster parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile and all parties who are bound by the dispositional order at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all the parties consent, the court may proceed immediately with the hearing. If a hearing is held under this subsection and the change in placement would remove a juvenile from a foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit the foster parent may, treatment foster parent or other physical custodian described in s. 48.62 (2) to make a written or oral statement during the hearing or to submit a written statement prior to the hearing, relating to the juvenile and the requested change in placement.
275,147s
Section 147s. 938.361 (2) (a) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.361 (2) (a) 1. If a juvenile's parent neglects, refuses or is unable to provide or refuses to provide court-ordered alcohol and other drug abuse services for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding s. 938.36 (3) the court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal court may order the parent to pay for the alcohol and drug abuse services. If the parent consents to provide alcohol and other drug abuse services for a juvenile through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the alcohol and other drug abuse services the court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal court may order the health insurance provider or 3rd-party payer to pay for the alcohol and other drug abuse services in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.
275,147t
Section 147t. 938.362 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.362 (3) If a juvenile's parent neglects, refuses or is unable to provide or refuses to provide court-ordered special treatment or care for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding s. 938.36 (3), the court may order the parent to pay for the court-ordered special treatment or care. If the parent consents to provide court-ordered special treatment or care for a juvenile through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.
