SB209-SSA1, s. 6 23Section 6. 809.108 of the statutes is created to read:
SB209-SSA1,5,3
1809.108 Appeals in proceedings related to change in placement. (1)
2Applicability. This section applies to the appeal of an order under s. 48.357 (1) or
3(2m) and supersedes all inconsistent provisions of this chapter.
SB209-SSA1,5,11 4(2) Initiating the appeal. A person shall initiate an appeal under this section
5by filing, within the time specified in s. 808.04 (7r), a notice of intent to appeal with
6the clerk of the trial court in which the judgment or order appealed from was entered.
7 Also within that time period, the person shall serve a copy of the notice on the person
8representing the interests of the public, opposing counsel, the guardian ad litem
9appointed under s. 48.235 (1) for the child who is the subject of the proceeding and
10the child's parent, guardian and legal custodian. The notice shall include the
11following:
SB209-SSA1,5,1212 (a) The case name and court caption.
SB209-SSA1,5,1413 (b) An identification of the order from which the person filing the notice intends
14to appeal and the date on which it was granted or entered.
SB209-SSA1,5,1615 (c) The name and address of the person filing the notice of intent to appeal and
16the person's trial counsel.
SB209-SSA1,5,2017 (d) For a person other than the state, whether the trial counsel for the person
18filing the notice of intent to appeal was appointed by the state public defender and,
19if so, whether the person's financial circumstances have materially improved since
20the date on which the person's indigency was determined.
SB209-SSA1,5,2421 (e) For a person other than the state, whether the person filing the notice of
22intent to appeal will represent himself or herself or will be represented by retained
23counsel or requests the state public defender to appoint counsel for the appeal. If the
24person has retained counsel, the counsel's name and address shall be included.
SB209-SSA1,6,2
1(3) Duties of clerk of trial court. Within 5 days after a notice under sub. (2)
2is filed, the clerk shall:
SB209-SSA1,6,73 (a) If the person filing the notice of intent to appeal under sub. (2) requests
4representation by the state public defender for purposes of the appeal, send to the
5state public defender's appellate intake office a copy of the notice, a copy of the
6judgment or order specified in the notice and a list of the court reporters for each
7proceeding in the action in which the judgment or order was entered.
SB209-SSA1,6,138 (b) If the person filing the notice of intent to appeal does not request
9representation by the state public defender for purposes of the appeal, send or
10furnish to the person, if the person is appearing without counsel, or to the person's
11attorney, if one has been retained, a copy of the judgment or order specified in the
12notice and a list of the court reporters for each proceeding in the action in which the
13judgment or order was entered.
SB209-SSA1,6,18 14(4) Transcript. A person filing a notice of intent to appeal under sub. (2) shall
15order a transcript of the reporter's notes within 15 days after filing the notice. The
16court reporter shall file the transcript with the trial court and serve a copy of the
17transcript on the person filing the notice of intent to appeal within 30 days after the
18ordering of the transcript.
SB209-SSA1,6,24 19(5) Notice of appeal; transmittal of record. Within 15 days after service of
20the transcript, the person filing a notice of intent to appeal under sub. (2) shall file
21a notice of appeal and docketing statement as provided in s. 809.10 (1) (a) and serve
22a copy of the notice on the persons required to be served under sub. (2). The clerk of
23the trial court shall transmit the record to the court of appeals as soon as the record
24is prepared but in no event more than 15 days after the filing of the notice of appeal.
SB209-SSA1,7,3
1(6) Subsequent proceedings in court of appeals; petition for review in
2supreme court.
Subsequent proceedings in the appeal are governed by the
3procedures for civil appeals and the procedures under subch. VI, except as follows:
SB209-SSA1,7,54 (a) The appellant shall file a brief within 15 days after the filing of the record
5on appeal.
SB209-SSA1,7,76 (b) The respondent shall file a brief within 10 days after the service of the
7appellant's brief.
SB209-SSA1,7,98 (c) The appellant shall file within 10 days after the service of the respondent's
9brief a reply brief or statement that a reply brief will not be filed.
SB209-SSA1,7,1510 (d) If the guardian ad litem appointed under s. 48.235 (1) (c) for the child who
11is the subject of the proceeding takes the position of the appellant, the guardian ad
12litem's brief shall be filed within 15 days after the filing of the record on appeal with
13the court of appeals. If the guardian ad litem takes the position of a respondent, the
14guardian ad litem's brief shall be filed within 10 days after service of the appellant's
15brief.
SB209-SSA1,7,1816 (e) Cases appealed under this section shall be given preference and shall be
17taken in an order that ensures that a decision is issued within 30 days after the filing
18of the appellant's reply brief or statement that a reply brief will not be filed.
SB209-SSA1,7,2219 (f) A petition for review of an appeal in the supreme court, if any, shall be filed
20within 15 days after the date of the decision of the court of appeals. The supreme
21court shall give preference to a petition for review of an appeal filed under this
22paragraph.
SB209-SSA1, s. 7 23Section 7. 809.30 (1) (a) of the statutes is amended to read:
SB209-SSA1,8,524 809.30 (1) (a) "Postconviction relief" means, in a felony or misdemeanor case,
25an appeal or a motion for postconviction relief other than a motion under s. 973.19

1or 974.06. In a ch. 48, 51 or 55 case, other than a change in placement case under
2s. 48.357 (1) or (2m) or a
termination of parental rights case under s. 48.43, it means
3an appeal or a motion for reconsideration by the trial court of its final judgment or
4order; in such cases a notice of intent to pursue such relief or a motion for such relief
5need not be styled as seeking "postconviction" relief.
SB209-SSA1, s. 8 6Section 8. 809.30 (1) (b) of the statutes is amended to read:
SB209-SSA1,8,117 809.30 (1) (b) "Sentencing" means, in a felony or misdemeanor case, the
8imposition of a sentence, fine or probation. In a ch. 48, 51 or 55 case, other than a
9change in placement case under s. 48.357 (1) or (2m) or a termination of parental
10rights case under s. 48.43, it means the entry of the trial court's final judgment or
11order.
SB209-SSA1, s. 9 12Section 9. 809.40 (1m) of the statutes is amended to read:
SB209-SSA1,8,1713 809.40 (1m) Subsection (1) does not apply to an appeal from an order denying
14a petition under s. 48.375 (7), which is governed by the procedures specified in s.
15809.105, or to an appeal from an order or judgment under s. 48.43, which is governed
16by the procedures specified in s. 809.107, or to an appeal from an order under s.
1748.357 (1) or (2m), which is governed by the procedures specified in s. 809.108
.
SB209-SSA1, s. 10 18Section 10. 809.62 (2t) of the statutes is created to read:
SB209-SSA1,8,2019 809.62 (2t) This section applies to petitions for review of an appeal under s.
20809.108, except as provided in s. 809.108 (6) (f).
SB209-SSA1, s. 11 21Section 11. Initial applicability.
SB209-SSA1,8,2322 (1) This act first applies to orders under section 48.357 (1) or (2m) of the
23statutes, as affected by this act, granted on the effective date of this subsection.
SB209-SSA1, s. 12 24Section 12. Effective date.
SB209-SSA1,9,1
1(1) This act takes effect retroactively to May 22, 1995.
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