AB150-ASA,862,2
148.433
(5) (intro.) The department
, or agency contracted with under sub. (11), 2shall disclose the requested information in either of the following circumstances:
AB150-ASA,862,54
48.433
(5) (a) The department
, or agency contracted with under sub. (11), has
5on file unrevoked affidavits filed under sub. (2) from both birth parents.
AB150-ASA,862,137
48.433
(6) (a) If the department
, or agency contracted with under sub. (11), does
8not have on file an affidavit from each known birth parent, it shall, within 3 months
9after the date of the original request, undertake a diligent search for each birth
10parent who has not filed an affidavit. The search shall be completed within 6 months
11after the date of the request, unless the search falls within one of the exceptions
12established by the department by rule. If any information has been provided under
13sub. (5), the department
or agency is not required to conduct a search.
AB150-ASA,862,2116
48.433
(6) (d) The department
, or agency
designated by the department 17contracted with under
par. (b) sub. (11), shall charge the requester a reasonable fee
18for the cost of the search. When the department or agency determines that the fee
19will exceed $100 for either birth parent, it shall notify the requester. No fee in excess
20of $100 per birth parent may be charged unless the requester, after receiving
21notification under this paragraph, has given consent to proceed with the search.
AB150-ASA,863,223
48.433
(7) (b) Within 3 working days after contacting a birth parent, the
24department
, or agency contracted with under sub. (11), shall send the birth parent
1a written copy of the information specified under par. (a) and a blank copy of the
2affidavit.
AB150-ASA,863,64
48.433
(7) (c) If the birth parent files the affidavit, the department
, or agency
5contracted with under sub. (11), shall disclose the requested information if permitted
6under sub. (5).
AB150-ASA,863,118
48.433
(7) (e) If, after a search under this subsection, a known birth parent
9cannot be located, the department
, or agency contracted with under sub. (11), may
10disclose the requested information if the other birth parent has filed an unrevoked
11affidavit under sub. (2).
AB150-ASA, s. 2518
12Section
2518. 48.433 (8) (a) (intro.) of the statutes is amended to read:
AB150-ASA,863,1913
48.433
(8) (a) (intro.) If a birth parent is known to be dead and has not filed
14an unrevoked affidavit under sub. (2), the department
, or agency contracted with
15under sub. (11), shall so inform the requester. The department
or agency may not
16provide the requester with his or her original birth certificate or with the identity of
17that parent, but shall provide the requester with any available information it has on
18file regarding the identity and location of the other birth parent if both of the
19following conditions exist:
AB150-ASA,863,2421
48.433
(8) (b) If a birth parent is known to be dead, the department
, or agency
22contracted with under sub. (11), in addition to the information provided under par.
23(a), shall provide the requester with any nonidentifying social history information
24about the deceased parent on file with the department
or agency.
AB150-ASA,864,4
148.433
(8m) If the department
, or agency contracted with under sub. (11), may
2not disclose the information requested under this section, it shall provide the
3requester with any nonidentifying social history information about either of the
4birth parents that it has on file.
AB150-ASA,864,76
48.433
(11) The department shall promulgate rules to implement this section
7and may contract with an agency to administer this section.
AB150-ASA, s. 2522
8Section
2522. Subchapter IX (title) of chapter 48 [precedes 48.44] of the
9statutes is amended to read:
AB150-ASA,864,1311
SUBCHAPTER IX
12
JURISDICTION OVER PERSON
18 17
13OR OLDER
AB150-ASA, s. 2523
14Section
2523. 48.44 (title) and (1) of the statutes are amended to read:
AB150-ASA,864,17
1548.44 (title)
Jurisdiction over persons
18 17 or older. (1) The court has
16jurisdiction over persons
18 17 or older as provided under ss. 48.355 (4) and 48.45 and
17as otherwise specifically provided in this chapter.
AB150-ASA,864,2519
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
20described in s. 48.12 or 48.13 it appears that any person
18 17 or older has been guilty
21of contributing to, encouraging, or tending to cause by any act or omission, such
22condition of the child, the judge may make orders with respect to the conduct of such
23person in his or her relationship to the child, including orders determining the ability
24of the person to provide for the maintenance or care of the child and directing when,
25how and where funds for the maintenance or care shall be paid.
AB150-ASA,865,62
48.45
(3) If it appears at a court hearing that any person
18 17 or older has
3violated s. 948.40, the judge shall refer the record to the district attorney for criminal
4proceedings as may be warranted in the district attorney's judgment. This
5subsection does not prevent prosecution of violations of s. 948.40 without the prior
6reference by the judge to the district attorney, as in other criminal cases.
AB150-ASA,865,9
848.48 (title)
Authority of department
of health and social services. 9(intro.) The department
of health and social services shall have authority:
AB150-ASA,865,1711
48.48
(1) To promote the enforcement of the laws relating to
delinquent
12children, nonmarital children and children in need of protection or services including
13developmentally disabled children and to take the initiative in all matters involving
14the interests of such children where adequate provision therefor is not made. This
15duty shall be discharged in cooperation with the courts, county departments,
16licensed child welfare agencies and with parents and other individuals interested in
17the welfare of children.
AB150-ASA,865,2319
48.48
(3) To accept
legal custody of children transferred to it by the court under
20s. 48.355 and guardianship of children when appointed by the court, and to provide
21special treatment and care when directed by the court. A court may not direct the
22department to administer psychotropic medications to children who receive special
23treatment or care under this subsection.
AB150-ASA,866,33
48.48
(4m) (a) Is at least
18 17 years of age;
AB150-ASA, s. 2529m
4Section 2529m. 48.48 (4m) (a) of the statutes, as affected by 1995 Wisconsin
5Act .... (this act), is repealed.
AB150-ASA,866,98
48.48
(4m) (b) Was in the legal custody of the department or under its
9supervision under s. 48.34 (4m) or (4n) when the person reached
18 17 years of age;
AB150-ASA, s. 2530m
10Section 2530m. 48.48 (4m) (b) of the statutes, as affected by 1995 Wisconsin
11Act .... (this act), is repealed.
AB150-ASA,866,2319
48.48
(12) (a) To enter into an agreement to assist in the cost of care of a child
20after legal adoption when the department has determined that such assistance is
21necessary to assure the child's adoption. Agreements under this paragraph shall be
22made in accordance with s. 48.975. Payments shall be made from the appropriation
23under s. 20.435
(7) (3) (dd).
AB150-ASA,867,3
148.48
(13) To promulgate rules for the payment of an allowance to children in
2its institutions and a cash grant to a child being discharged from its institutions
or
3released to aftercare or corrective sanctions supervision.
AB150-ASA,867,126
48.48
(14) To pay maintenance, tuition and related expenses from the
7appropriations under s. 20.435 (3) (ho) and (7) (dd) for persons who when they
8reached
18 17 years of age were students regularly attending a school, college or
9university or regularly attending a course of vocational or technical training
10designed to fit them for gainful employment, and who when reaching that age were
11in the legal custody of the department or under its supervision under s. 48.34 (4m)
12or (4n) as a result of a judicial decision.
AB150-ASA,867,1816
48.48
(16) To establish and enforce standards for services provided under
ss. 1748.34 and s. 48.345
(1) (a) and (e). This authority does not apply to services provided
18by the department of corrections under s. 48.366 (8).
AB150-ASA, s. 2535m
19Section 2535m. 48.49 of the statutes, as affected by 1993 Wisconsin Acts 377,
20385 and 491, is repealed.
AB150-ASA, s. 2536m
21Section 2536m. 48.50 of the statutes, as affected by 1993 Wisconsin Acts 385
22and 491, is repealed.
AB150-ASA,868,12
148.505 (title)
Children placed in a secured correctional facility or on
2aftercare under supervision of department of health and social services or
3county department. The When a child is under the supervision of the department
4of health and social services under s. 48.34 (4m) or (4n), 48.357 (4) or (5) (e) or 48.366
5or under the supervision of a county department under s. 48.34 (4n), the department
6or county department having supervision over the child shall have the right and duty
7to protect, train, discipline, treat and confine
a child who is placed in a secured
8correctional facility under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, the child and
9to provide food, shelter, legal services, education and ordinary medical and dental
10care for the child, subject to the rights, duties and responsibilities of the guardian of
11the child and subject to any residual parental rights and responsibilities and the
12provisions of any court order.
AB150-ASA,868,24
1548.505 Children placed under supervision of department of
16corrections or county department. When a child is under the supervision of the
17department of corrections under s. 48.34 (4h), (4m) or (4n), 48.357 (4) or (5) (e) or
1848.366 or under the supervision of a county department under s. 48.34 (4n), the
19department of corrections or county department having supervision over the child
20shall have the right and duty to protect, train, discipline, treat and confine the child
21and to provide food, shelter, legal services, education and ordinary medical and
22dental care for the child, subject to the rights, duties and responsibilities of the
23guardian of the child and subject to any residual parental rights and responsibilities
24and the provisions of any court order.
AB150-ASA, s. 2539m
3Section 2539m. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
4Acts 377 and 385, is amended to read:
AB150-ASA,869,85
48.51
(1) (intro.) At least 15 days prior to the date of release of a child from a
6secured correctional facility or a placement in the community under the corrective
7sanctions program
or the youthful offender program, the department of health and
8social services
or the department of corrections shall:
AB150-ASA, s. 2540m
9Section 2540m. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
10Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed.
AB150-ASA, s. 2540r
12Section 2540r. 48.51 (1) (b) of the statutes, as affected by 1993 Wisconsin Acts
13377 and 385, is repealed.
AB150-ASA,869,19
1848.52 (title)
Facilities for care of children in care of department of
19health and social services.
AB150-ASA,870,523
48.52
(2) (a) In addition to the facilities and services described in sub. (1), the
24department may use other facilities and services under its jurisdiction. The
25department may also contract for and pay for the use of other public facilities or
1private facilities for the care and treatment of children in its care
; but placement of
2children in private or public facilities not under its jurisdiction does not terminate
3the legal custody or supervision under s. 48.34 (4m) or (4n) of the department.
4Placements in institutions for the mentally ill or developmentally disabled shall be
5made in accordance with ss. 48.14 (5) and 48.63 and ch. 51.
AB150-ASA,870,118
48.52
(2) (c) The department shall have the right to inspect all facilities it is
9using and to examine and consult with persons
in its legal custody or under its
10supervision under s. 48.34 (4m) or (4n) who have been whom the department has 11placed in that facility.
AB150-ASA,870,1715
48.532
(1) Program. Beginning 1995, the The department shall provide a
16juvenile boot camp program for children
who have been placed under s. 48.34 (4m)
17in a secured correctional facility under the supervision of the department.
AB150-ASA, s. 2543m
18Section 2543m. 48.532 (1) of the statutes, as affected by 1995 Wisconsin Act
19.... (this act), is repealed and recreated to read:
AB150-ASA,870,2220
48.532
(1) Program. The department of corrections shall provide a juvenile
21bootcamp program for children who have been placed in the serious juvenile offender
22program under s. 48.34 (4h) or in a secured correctional facility under s. 48.34 (4m).
AB150-ASA,871,224
48.532
(2) Program eligibility. The department may place in the juvenile boot
25camp program any child
whose legal custody has been transferred to the department
1under s. 48.34 (4m) for placement who has been placed under s. 48.34 (4m) in a
2secured correctional facility
under the supervision of the department.