Amendment SA2-SB501

LRBa3837/3

GMM:skg&mkd:ch

1995 - 1996 LEGISLATURE

SENATE AMENDMENT 2, To 1995 SENATE BILL 501

March 12, 1996 - Offered by Committee on Judiciary.

SB501-SA2,1,1 At the locations indicated, amend the bill as follows:

SB501-SA2,1,2 1. Page 102, line 4: delete lines 4 to 6 and substitute:

SB501-SA2,1,3 " Section 129m. 767.45 (1) (i) of the statutes is amended to read:

SB501-SA2,1,5 767.45 (1) (i) A guardian ad litem appointed for the child under s. 48.235, 767.045 (1) (c) or 938.235.".

SB501-SA2,1,6 2. Page 102, line 7: delete lines 7 to 10 and substitute:

SB501-SA2,1,7 " Section 130m. 767.45 (5) (c) of the statutes is created to read:

SB501-SA2,1,11 767.45 (5) (c) If a matter is referred under s. 48.299 (6) (a) or 938.299 (6) (a) to an attorney designated under sub. (6) (a), that attorney shall also include in the petition notification to the court that the matter was referred under s. 48.299 (6) (a) or 938.299 (6) (a).".

SB501-SA2,1,12 3. Page 102, line 13: after "(a)" insert "or 938.299 (6) (a)".

SB501-SA2,1,13 4. Page 103, line 9: after "(a)" insert "or 938.299 (6) (a)".

SB501-SA2,1,14 5. Page 103, line 15: after "(7)" insert "or 938.299 (7)".

SB501-SA2,1,15 6. Page 103, line 17: after "(6) (a)" insert "or 938.299 (6) (a)".

SB501-SA2,2,1 7. Page 104, line 1: after "(e)" insert "or 938.299 (6) (e)".

SB501-SA2,2,2 8. Page 104, line 4: after " (8)" insert "or 938.299 (8)".

SB501-SA2,2,3 9. Page 104, line 9: after "(a)" insert "or 938.299 (6) (a)".

SB501-SA2,2,4 10. Page 108, line 2: before that line insert:

SB501-SA2,2,6 " Section 147b. 938.13 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB501-SA2,2,9 938.13 (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.

SB501-SA2, s. 147c Section 147c. 938.205 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB501-SA2,2,15 938.205 (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.

SB501-SA2, s. 147d Section 147d. 938.21 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB501-SA2,3,5 938.21 (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.

SB501-SA2, s. 147e Section 147e. 938.235 (3) (title) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB501-SA2,3,8 938.235 (3) (title) Duties and responsibilities.

SB501-SA2, s. 147f Section 147f. 938.235 (3) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.235 (3) (a).

SB501-SA2, s. 147g Section 147g. 938.235 (3) (b) of the statutes is created to read:

SB501-SA2,3,14 938.235 (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:

SB501-SA2,3,18 1. Unless granted leave by the court not to do so, personally, or through a trained designee, meet with the child and, if the child is old enough to communicate, interview the child, determine the child's goals and concerns regarding his or her placement and assess the appropriateness and safety of the child's environment.

SB501-SA2,3,20 2. Make clear and specific recommendations to the court concerning the best interest of the child at every stage of the proceeding.

SB501-SA2, s. 147h Section 147h. 938.235 (4) (a) 7g. of the statutes is created to read:

SB501-SA2,3,24 938.235 (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).

SB501-SA2, s. 147i Section 147i. 938.235 (4) (a) 7m. of the statutes is created to read:

SB501-SA2,4,2 938.235 (4) (a) 7m. Bring an action or motion for the determination of the juvenile's paternity under s. 767.45.

SB501-SA2, s. 147im Section 147im. 938.24 (5) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB501-SA2,4,23 938.24 (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.

SB501-SA2, s. 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:

SB501-SA2,5,13 938.27 (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.

SB501-SA2, s. 147k Section 147k. 938.27 (3) (a) 2. of the statutes is created to read:

SB501-SA2,5,24 938.27 (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.

SB501-SA2, s. 147L Section 147L. 938.299 (1) (ag) of the statutes is created to read:

SB501-SA2,6,8 938.299 (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.

SB501-SA2, s. 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:

SB501-SA2,6,14 938.299 (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:

SB501-SA2,6,18 (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.

SB501-SA2,7,2 (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.

SB501-SA2, s. 147n Section 147n. 938.299 (6) (b), (c) and (e) of the statutes are created to read:

SB501-SA2,7,6 938.299 (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).