1997 Wisconsin Act 237

938.363 (1m) If a hearing is held under sub. (1), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall permit give a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of revision. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

237,702 Section 702 . 938.365 (1) of the statutes is amended to read:

938.365 (1) In this section, “2 or more years" means a period of time that begins with the first placement of the juvenile a juvenile is considered to have been placed outside of his or her home pursuant to an order under this section or s. 938.345, 938.357 or 938.363 and includes any period of time in which the juvenile returned home, unless the periods of time at home account for the majority of the time since the first placement on the date on which the juvenile was first placed outside of his or her home pursuant to an order under this section or s. 938.345, 938.357 or 938.363 or on the date that is 60 days after the date on which the juvenile was removed from his or her home, whichever is earlier.

237,703 Section 703 . 938.365 (2g) (b) 2. of the statutes is amended to read:

938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, a description of efforts to return the juvenile safely to his or her home, including efforts of the parents to remedy factors which contributed to the juvenile's placement and, if continued placement outside of the juvenile's home is recommended, an explanation of why returning the juvenile to his or her home is not safe or feasible.

237,704 Section 704 . 938.365 (2g) (b) 3. of the statutes is amended to read:

938.365 (2g) (b) 3. If the juvenile has been placed outside of his or her home for 2 or more years 15 of the most recent 22 months, a statement of whether or not a recommendation has been made to terminate the parental rights of the parents of the juvenile. If a recommendation for a termination of parental rights has been made, the statement shall indicate the date on which the recommendation was made, any previous progress made to accomplish the termination of parental rights, any barriers to the termination of parental rights, specific steps to overcome the barriers and when the steps will be completed, reasons why adoption would be in the best interest of the juvenile and whether or not the juvenile should be registered with the adoption information exchange. If a recommendation for termination of parental rights has not been made, the statement shall include an explanation of the reasons why a recommendation for termination of parental rights has not been made. If the lack of appropriate adoptive resources is the primary reason for not recommending a termination of parental rights, the agency shall recommend that the juvenile be registered with the adoption information exchange or report the reason why registering the juvenile is contrary to the best interest of the juvenile.

237,705 Section 705 . 938.365 (2m) (a) of the statutes is amended to read:

938.365 (2m) (a) Any party may present evidence relevant to the issue of extension. The court shall make findings of fact and conclusions of law based on the evidence, including. Subject to s. 938.355 (2d), the findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the juvenile to make it possible for the juvenile to return safely to his or her home. An order shall be issued under s. 938.355.

237,706 Section 706 . 938.365 (2m) (ag) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read:

938.365 (2m) (ag) In addition to any evidence presented under par. (a), the court shall permit give a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. Any written or oral statement made under this paragraph shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (2) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

237,707 Section 707 . 938.38 (3) (intro.) of the statutes is amended to read:

938.38 (3) Time. (intro.) The Subject to s. 938.355 (2d) (c), the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first held in physical custody or placed outside of his or her home under a court order, except under either of the following conditions:

237,708 Section 708 . 938.38 (4) (a) of the statutes is amended to read:

938.38 (4) (a) The services offered and any service provided in an effort to prevent holding or placing the juvenile outside of his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to make it possible for the juvenile to return safely home, except that the permanency plan need not include a description of those services offered or provided with respect to a parent of the juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.

237,709 Section 709 . 938.38 (4) (bm) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

938.38 (4) (bm) The availability of a safe and appropriate placement with a relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, why placement with the relative is not safe or appropriate.

237,710 Section 710 . 938.38 (4) (e) of the statutes is amended to read:

938.38 (4) (e) The safety and appropriateness of the placement and of the services provided to meet the needs of the juvenile and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the juvenile or, if available, why such services are not safe or appropriate.

237,711 Section 711 . 938.38 (4) (f) 1. of the statutes is amended to read:

938.38 (4) (f) 1. Ensure proper care and treatment of the juvenile and promote safety and stability in the placement.

237,712 Section 712 . 938.38 (4) (f) 3. of the statutes is amended to read:

938.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe return of the juvenile to his or her home, or, if appropriate, obtain an alternative permanent placement for the juvenile.

237,713 Section 713 . 938.38 (4) (fm) of the statutes is created to read:

938.38 (4) (fm) If the permanency plan calls for placing the juvenile for adoption, with a guardian or in some other alternative permanent placement, the efforts made to place the juvenile for adoption, with a guardian or in some other alternative permanent placement.

237,714 Section 714 . 938.38 (4) (g) of the statutes is amended to read:

938.38 (4) (g) The conditions, if any, upon which the juvenile will be returned safely to his or her home, including any changes required in the parents' conduct, the juvenile's conduct or the nature of the home.

237,715 Section 715 . 938.38 (5) (b) of the statutes is amended to read:

938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile if he or she is 10 years of age or older and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility in which the juvenile is living of the date, time and place of the review, of the issues to be determined as part of the review, of the fact that they may submit have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review and of the fact that they may participate in or by participating at the review. 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 date of the review, of the issues to be determined as part of the review and of the fact that they may submit written comments not less than 10 working days before the review. 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.

237,716 Section 716 . 938.38 (5) (c) 1. of the statutes is amended to read:

938.38 (5) (c) 1. The continuing necessity for and the safety and appropriateness of the placement.

237,717 Section 717 . 938.38 (5) (c) 4. of the statutes is amended to read:

938.38 (5) (c) 4. The progress toward eliminating the causes for the juvenile's placement outside of his or her home and toward returning the juvenile safely to his or her home or obtaining a permanent placement for the juvenile.

237,718 Section 718 . 938.38 (5) (c) 5. of the statutes is amended to read:

938.38 (5) (c) 5. The date by which it is likely that the juvenile will be returned to his or her home, or placed for adoption, placed under legal guardianship or otherwise permanently placed with a guardian or in some other alternative permanent placement.

237,719 Section 719 . 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:

938.38 (5) (c) 6. (intro.) If the juvenile has been placed outside of his or her home for 2 years or more , as described in s. 938.365 (1), for 15 of the most recent 22 months, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:

237,720 Section 720 . 938.38 (5) (c) 6. a. of the statutes is amended to read:

938.38 (5) (c) 6. a. Being returned safely to his or her home.

237,721 Section 721 . 938.38 (5) (c) 7. of the statutes is amended to read:

938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the juvenile to return safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.

237,722 Section 722 . 938.38 (6) (c) of the statutes is amended to read:

938.38 (6) (c) Standards for reasonable efforts to prevent placement of juveniles outside of their homes, while assuring that their health and safety are the paramount concerns, and to make it possible for juveniles to return safely to their homes if they have been placed outside of their homes.

237,722c Section 722c. 939.74 (2) (c) of the statutes is amended to read:

939.74 (2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03, 948.04 (2) (a), 948.05, 948.06, 948.07 (1), (2), (3) or (4), 948.08 or 948.095 shall be commenced before the victim reaches the age of 26 31 years, or be barred.

237,722d Section 722d. 939.74 (2) (cm) of the statutes is created to read:

939.74 (2) (cm) A prosecution for violation of s. 948.03 (2) (b) or (c), (3) or (4), 948.04 or 948.07 (5) or (6) shall be commenced before the victim reaches the age of 26 years or be barred.

237,722e Section 722e. 939.74 (2) (d) of the statutes is repealed.

237,722g Section 722g. 940.09 (1d) of the statutes is amended to read:

940.09 (1d) If the person who committed an offense under sub. (1) (a) or (b) has 2 or more prior convictions, suspensions or revocations in a 10-year period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.

237,722i Section 722i. 940.25 (1d) of the statutes is amended to read:

940.25 (1d) If the person who committed the offense under sub. (1) (a) or (b) has 2 or more prior convictions, suspensions or revocations in a 10-year period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.

237,722k Section 722k. 950.04 (1v) (nn) of the statutes is created to read:

950.04 (1v) (nn) To attend parole interviews or hearings and make statements as provided under s. 304.06 (1) (eg).

237,722L Section 722L. 950.06 (2) of the statutes is amended to read:

950.06 (2) The costs of enforcing rights under s. 950.04 and providing services under s. 950.05 shall be paid for by the county, but the county is eligible to receive reimbursement from the state for the costs incurred in providing services under s. 950.05. For costs incurred on or after January 1, 1982, the county is eligible to receive funding from the state for not more than 90% of the costs incurred in providing services under s. 950.05. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse the counties under this subsection from the appropriation under s. 20.455 (5) (kk) and, on a semiannual basis, from the appropriations under s. 20.455 (5) (c) and (g) on a semiannual basis for services provided. If a county has a program plan approved after July 2, 1983, the department may reimburse the county only for services provided on or after January 1, 1984.

237,722m Section 722m. 950.06 (2) of the statutes, as affected by 1997 Wisconsin Acts 181 and .... (this act), is repealed and recreated to read:

950.06 (2) The costs of providing services under sub. (1m) shall be paid for by the county, but the county is eligible to receive reimbursement from the state for not more than 90% of the costs incurred in providing those services. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse counties under this subsection from the appropriation under s. 20.455 (5) (kk) and, on a semiannual basis, from the appropriations under s. 20.455 (5) (c) and (g).

237,722p Section 722p. 1997 Wisconsin Act 27, section 94m is repealed.

237,722q Section 722q. 1997 Wisconsin Act 27, section 158m is repealed.

237,722s Section 722s. 1997 Wisconsin Act 27, section 1164g is repealed.

237,722u Section 722u. 1997 Wisconsin Act 27, sections 4315p, 4315r and 4315s are repealed.

237,722w Section 722w. 1997 Wisconsin Act 27, section 9123 (10g) (a) is amended to read:

[1997 Wisconsin Act 27] Section 9123 (10g)   (a) (title) Mobile Use of mammography van and other breast cancer screening devices. The secretary of health and family services shall submit to the chairpersons of the joint committee on finance a plan that details the budget and criteria to be used in awarding a grant grants for the performance of breast cancer screening activities with the use of a mobile mammography van. If the joint committee on finance approves the plan, it may supplement the appropriation under section 20.435 (5) (cc) of the statutes, as affected by this act, for breast cancer screening activities with the use of a mobile mammography van. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists.

237,722x Section 722x. 1997 Wisconsin Act 27, section 9124 (2c) is amended to read:

[1997 Wisconsin Act 27] Section 9124 (2c) Touring exhibit of Wisconsin state capitol. In cooperation with the joint committee on legislative organization, the historical society shall, during fiscal year 1997-98 the 1997-99 fiscal biennium, provide a touring exhibit detailing the history of the Wisconsin state capitol, and solicit donations to finance the exhibit. The historical society may provide the exhibit and solicit the donations either directly or through a nonprofit organization.

237,723 Section 723 . 1997 Wisconsin Act 27, section 9132 (1xyg) is amended to read:

[1997 Wisconsin Act 27] Section 9132 (1xyg) Study of state centers for the developmentally disabled. The department of health and family services shall conduct a study on the future of the state centers for the developmentally disabled and, by September 1, 1998 December 1, 1998, shall submit a report containing the department's findings and conclusions in the manner provided under section 13.172 (2) of the statutes and to the governor.

237,723e Section 723e. 1997 Wisconsin Act 27, section 9132 (2g) is amended to read:

[1997 Wisconsin Act 27] Section 9132 (2g) Touring exhibit of Wisconsin state capitol. The joint committee on legislative organization, in cooperation with the state historical society of Wisconsin or a nonprofit organization designated by the society for this purpose, shall establish a touring exhibit dealing with the history of the Wisconsin state capitol through photographs, videotapes and artifacts. For this purpose, the committee may authorize expenditures of not more than a total of $100,000 in fiscal year 1997-98 the 1997-99 fiscal biennium from the appropriation under section 20.765 (1) (d) of the statutes, as affected by this act, at such times as the committee determines, within the amounts budgeted for that appropriation in the schedule under section 20.005 (3) of the statutes, to support production and circulation of the exhibit upon notification by the state historical society of Wisconsin to the cochairpersons of the committee that the society or the nonprofit organization has received matching donations in the same amounts to finance the exhibit.

237,724 Section 724 . 1997 Wisconsin Act 27, section 9137 (4eq) (a) is amended to read:

[1997 Wisconsin Act 27] Section 9137 (4eq) (a) During the 1997-99 fiscal biennium, from the appropriation under section 20.370 (2) (da) of the statutes, as created by this act, the department of natural resources shall make a payment to each person who received a waste tire reimbursement grant under sections NR 555.08 to 555.12, Wisconsin Administrative Code, for waste tires used during 1995 if the grant was prorated. The payment may not exceed the amount by which the grant was reduced because it was prorated. The total amount of the payments under this paragraph may not exceed $1,135,700 $1,186,200.

237,725 Section 725 . 1997 Wisconsin Act 27, section 9143 (2e) is repealed.

237,725dm Section 725dm. 1997 Wisconsin Act 27, section 9143 (7k) is repealed.

237,725e Section 725e. 1997 Wisconsin Act 27, section 9256 (3x) (a) 2. is repealed.

237,725m Section 725m. 1997 Wisconsin Act 27, section 9256 (3x) (b) 2. is repealed.

237,725s Section 725s. 1997 Wisconsin Act 27, section 9256 (3x) (c) 2. is repealed.

237,726m Section 726m. 1997 Wisconsin Act 27, section 9256 (3x) (d) is repealed.

237,727e Section 727e. 1997 Wisconsin Act 27, section 9256 (3x) (e) is repealed.

237,727g Section 727g. 1997 Wisconsin Act 27, section 9437 (7eq) is amended to read:

[1997 Wisconsin Act 27] Section 9437 (7eq) Tire waste. The repeal of section 20.370 (2) (da) of the statutes takes effect on June 30, 1999 2000.

237,727j Section 727j. 1997 Wisconsin Act 27, section 9453 (2m) is repealed.

237,727m Section 727m. 1997 Wisconsin Act 68, section 13 (intro.) is amended to read:

[1997 Wisconsin Act 68] Section 13 (intro.) This act takes effect on the first day of the 9th 12th month beginning after publication, except as follows:

237,727p Section 727p. 1997 Wisconsin Act 113, section 40 is repealed.

237,727t Section 727t. 1997 Wisconsin Act 119, section 5 (1) is repealed.

237,9101 Section 9101. Nonstatutory provisions; administration.

(1x) Wisconsin sesquicentennial commission; general program operations overpayment adjustment. On July 1, 1999, the secretary of administration shall determine the sum of moneys credited to the appropriation account under section 20.525 (1) (gm) of the statutes and of moneys transferred from the appropriation account under section 20.395 (5) (qt) of the statutes, as created by this act, to the appropriation account under section 20.525 (1) (k) of the statutes, as affected by this act. Notwithstanding section 25.72 (2) of the statutes, if that sum exceeds $4,150,000, the secretary of administration shall transfer from the historical legacy trust fund to the transportation fund the lesser of the following amounts:

(a) The amount by which the sum determined by the secretary of administration under this subsection exceeds $4,150,000.