1995 Wisconsin Act 77

77,94m Section 94m. 48.069 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.069 (2) Licensed child welfare agencies, and the department of health and social services and the department of corrections shall provide services under this section only upon the approval of the agency from whom services are requested.

77,67 Section 67 . 48.07 (3) of the statutes is amended to read:

48.07 (3) County department in populous counties. In counties having a population of 500,000 or more, the director of the county department may be ordered by the court to provide services for furnishing emergency shelter care to any child whose need therefor, either by reason of need of protection and services or delinquency, is determined by the intake worker under s. 48.205. The court may authorize the director to appoint members of the county department to furnish emergency shelter care services for the child. The emergency shelter care may be provided as specified in s. 48.207.

77,68 Section 68 . 48.07 (4) of the statutes is amended to read:

48.07 (4) County departments that provide developmental disabilities, mental health or alcohol and other drug abuse services. Within the limits of available state and federal funds and of county funds appropriated to match state funds, the court may order county departments established under s. 51.42 or 51.437 to provide special treatment or care to a child if special treatment or care has been ordered under s. 48.34 48.345 (6) and if s. 48.362 (4) applies.

77,96m Section 96m. 48.08 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.08 (2) Except as provided in sub. (3), any Any person authorized to provide or providing intake or dispositional services for the court under ss. 48.067 and 48.069 has the power of police officers and deputy sheriffs only for the purpose of taking a child into physical custody when the child comes voluntarily or is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.

77,97m Section 97m. 48.08 (3) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

77,97r Section 97r. 48.08 (3) (a) 1. and 2. and (b) of the statutes are repealed.

77,69 Section 69 . 48.09 (1) of the statutes is repealed.

77,70 Section 70 . 48.09 (2) of the statutes is repealed.

77,71 Section 71 . 48.09 (3) of the statutes is repealed.

77,72 Section 72 . 48.09 (4) of the statutes is repealed.

77,73 Section 73 . 48.10 of the statutes is amended to read:

48.10 Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but if a recommendation to file a petition is made, a citation is issued or an informal disposition is entered into, the judge shall be disqualified from participating further in the proceedings.

77,74 Section 74 . 48.12 (title) of the statutes is repealed.

77,75 Section 75 . 48.12 (1) and (2) of the statutes, as affected by 1995 Wisconsin Act 27, are repealed.

77,76 Section 76 . 48.125 of the statutes is repealed.

77,77 Section 77 . 48.13 (4) of the statutes is amended to read:

48.13 (4) Whose parent or guardian signs the petition requesting jurisdiction and states that he or she is unable to care for, control or provide necessary special treatment or care for the child;

77,78 Section 78 . 48.13 (6) of the statutes is repealed.

77,79 Section 79 . 48.13 (6m) of the statutes is repealed.

77,80 Section 80 . 48.13 (7) of the statutes is repealed.

77,81 Section 81 . 48.13 (12) of the statutes is repealed.

77,82 Section 82 . 48.13 (14) of the statutes is repealed.

77,83 Section 83 . 48.135 (1) of the statutes is amended to read:

48.135 (1) If a child alleged to be delinquent or in need of protection or services is before the court and it appears that the child is developmentally disabled, mentally ill or drug dependent or suffers from alcoholism, the court may proceed under ch. 51 or 55.

77,84 Section 84 . 48.14 (4) of the statutes is repealed.

77,85 Section 85 . 48.15 of the statutes is amended to read:

48.15 Jurisdiction of other courts to determine legal custody. Nothing contained in ss. 48.12, 48.13 and 48.14 deprives other courts of the right to determine the legal custody of children by habeas corpus or to determine the legal custody or guardianship of children if the legal custody or guardianship is incidental to the determination of causes pending in the other courts. But the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 938 is paramount in all cases involving children alleged to come within the provisions of ss. 48.12, 48.13 and 48.14.

77,86 Section 86 . 48.17 of the statutes is repealed.

77,87 Section 87 . 48.18 (title) and (1) of the statutes are repealed.

77,88 Section 88 . 48.18 (2) of the statutes is repealed.

77,89 Section 89 . 48.18 (2r) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

77,90 Section 90 . 48.18 (3) of the statutes is repealed.

77,91 Section 91 . 48.18 (4) of the statutes is repealed.

77,92 Section 92 . 48.18 (5) (intro.) of the statutes is repealed.

77,93 Section 93 . 48.18 (5) (a) of the statutes is repealed.

77,94 Section 94 . 48.18 (5) (b) of the statutes is repealed.

77,95 Section 95 . 48.18 (5) (c) of the statutes, as affected by 1995 Wisconsin Act 27, section 2434p, is repealed.

77,96 Section 96 . 48.18 (5) (d) of the statutes is repealed.

77,97 Section 97 . 48.18 (6) of the statutes is repealed.

77,98 Section 98 . 48.18 (8) of the statutes is repealed.

77,99 Section 99 . 48.18 (9) of the statutes is repealed.

77,100 Section 100 . 48.183 of the statutes is repealed.

77,101 Section 101 . 48.185 (1) of the statutes is amended to read:

48.185 (1) Subject to sub. (3), venue Venue for any proceeding under ss. 48.12, 48.125, 48.13, 48.135, and 48.14 (1) to (9) and 48.18 may be in any of the following: the county where the child resides, the county where the child is present or, in the case of a violation of a state law or a county, town or municipal ordinance, the county where the violation occurred. Venue for proceedings brought under subch. VIII is as provided in this subsection except where the child has been placed and is living outside the home of the child's parent pursuant to a dispositional order, in which case venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as provided in s. 801.50 (5s).

77,102 Section 102 . 48.185 (3) of the statutes is repealed.

77,103 Section 103 . 48.19 (1) (d) 3. of the statutes is repealed.

77,104 Section 104 . 48.19 (1) (d) 6. of the statutes, as affected by 1995 Wisconsin Act 27, section 2435d, is amended to read:

48.19 (1) (d) 6. The child has violated the terms of court-ordered supervision or aftercare supervision administered by the department or a county department or of corrective sanctions supervision administered by the department.

77,105 Section 105 . 48.19 (1) (d) 6. of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

77,106 Section 106 . 48.19 (1) (d) 8. of the statutes is repealed.

77,107 Section 107 . 48.19 (1) (d) 9. of the statutes is repealed.

77,108 Section 108. 48.19 (1) (d) 10. of the statutes is repealed.

77,109 Section 109 . 48.19 (1m) of the statutes is repealed.

77,110 Section 110 . 48.20 (2) (ag) of the statutes is amended to read:

48.20 (2) (ag) Except as provided in pars. (b) to (g) (d), a person taking a child into custody shall make every effort to release the child immediately to the child's parent, guardian or legal custodian.

77,111 Section 111 . 48.20 (2) (cm) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

77,112 Section 112 . 48.20 (2) (e) of the statutes is repealed.

77,113 Section 113 . 48.20 (2) (f) of the statutes is repealed.

77,114 Section 114 . 48.20 (2) (g) of the statutes is repealed.

77,115 Section 115 . 48.20 (3) of the statutes is amended to read:

48.20 (3) If the child is released under sub. (2) (b) to (d) or (g), the person who took the child into custody shall immediately notify the child's parent, guardian and legal custodian of the time and circumstances of the release and the person, if any, to whom the child was released. If the child is not released under sub. (2), the person who took the child into custody shall arrange in a manner determined by the court and law enforcement agencies for the child to be interviewed by the intake worker under s. 48.067 (2), and shall make a statement in writing with supporting facts of the reasons why the child was taken into physical custody and shall give any child 12 years of age or older a copy of the statement in addition to giving a copy to the intake worker. When the intake interview is not done in person, the report may be read to the intake worker.

77,116 Section 116 . 48.20 (7) (a) of the statutes is amended to read:

48.20 (7) (a) When a child is interviewed by an intake worker, the intake worker shall inform any child possibly involved in a delinquent act of his or her right to counsel and the right against self-incrimination. If the child who is alleged to be in need of protection or services and who is 12 years of age or older, the intake worker shall inform the child of his or her right to counsel.

77,117 Section 117 . 48.20 (7) (c) 1m. of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

77,118 Section 118 . 48.20 (8) of the statutes, as affected by 1995 Wisconsin Act 27, section 2435v, is amended to read:

48.20 (8) If a child is held in custody, the intake worker shall notify the child's parent, guardian and legal custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. If a child who has violated the terms of aftercare supervision administered by the department of corrections or a county department is held in custody, the intake worker shall also notify the department of corrections or county department, whichever has supervision over the child, of the reasons for holding the child in custody, of the child's whereabouts and of the time and place of the detention hearing required under s. 48.21. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 48.21, the nature and possible consequences of that hearing, and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is alleged to be in need of protection or services and is 12 years of age or older, or is alleged to have committed a delinquent act, the child shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the child and the child's parent, guardian or legal custodian.

77,119 Section 119 . 48.205 (1) (a) of the statutes is amended to read:

48.205 (1) (a) Probable cause exists to believe that if the child is not held he or she will commit injury to the person or property of others or cause injury to himself or herself or be subject to injury by others;

77,120 Section 120 . 48.205 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 27, section 2436m, is amended to read:

48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers or proceedings of the division of hearings and appeals in the department of administration for revocation of aftercare or corrective sanctions supervision.

77,121 Section 121 . 48.205 (1) (c) of the statutes, as affected by 1995 Wisconsin Acts 27, section 2436p, and .... (this act), is repealed and recreated to read:

48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers.

77,122 Section 122 . 48.208 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 2437m, is amended to read:

48.208 (1) Probable cause exists to believe that the child has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away as evidenced by a previous act or attempt so as to be unavailable for a court hearing or a revocation hearing for children on aftercare or corrective sanctions supervision. For children on aftercare or corrective sanctions supervision, the delinquent act referred to in this section may be the act for which the child was placed in a secured correctional facility.

77,123 Section 123 . 48.208 (1) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

77,124 Section 124 . 48.208 (2) of the statutes is repealed.

77,125 Section 125 . 48.208 (5) of the statutes is repealed.

77,126 Section 126. 48.209 (3) of the statutes is repealed.

77,127 Section 127 . 48.21 (1) (a) of the statutes is amended to read:

48.21 (1) (a) If a child who has been taken into custody is not released under s. 48.20, a hearing to determine whether the child shall continue to be held in custody under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile court commissioner within 24 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing a petition under s. 48.25 shall be filed, except that no petition need be filed where a child is taken into custody under s. 48.19 (1) (b) or (d) 2., 6. or 7. or where the child is a runaway from another state, in which case a written statement of the reasons for holding a child in custody shall be substituted if the petition is not filed. If no hearing has been held within 24 hours or if no petition or statement has been filed at the time of the hearing, the child shall be released except as provided in par. (b). A parent not present at the hearing shall be granted a rehearing upon request.

77,128 Section 128 . 48.21 (2) of the statutes is repealed.

77,129 Section 129 . 48.21 (3) (intro.) of the statutes is amended to read:

48.21 (3) Proceedings concerning children in need of protection or services. (intro.) Proceedings concerning a child who comes within the jurisdiction of the court under s. 48.13 (1) to (5) or (8) to (11) shall be conducted according to this subsection.

77,130 Section 130 . 48.21 (4m) of the statutes is repealed.

77,131 Section 131 . 48.22 of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act 27, is repealed.