Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,146,6 48.09 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 48.13, 48.133 or 48.977. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration justice of that change by January 1 of that odd-numbered year.".

AB133-SSA1-SA1,146,7 596. Page 645, line 22: after that line insert:

AB133-SSA1-SA1,146,8 " Section 1130m. 48.20 (8) of the statutes is amended to read:

AB133-SSA1-SA1,147,4 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. 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, the right to counsel under s. 48.23 regardless of ability to pay 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 12 years of age or older, 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. When the child is an expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child, through the unborn child's guardian ad litem, shall receive the same notice about the whereabouts of the child expectant mother, about the reasons for holding the child expectant mother in custody and about the detention hearing as the child expectant mother and her parent, guardian or legal custodian. The intake worker shall notify the child expectant mother, her parent, guardian or legal custodian and the unborn child, by the unborn child's guardian ad litem.

AB133-SSA1-SA1, s. 1130p Section 1130p. 48.21 (3) (d) of the statutes is amended to read:

AB133-SSA1-SA1,147,11 48.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to counsel under s. 48.23 regardless of ability to pay, the right to confront and cross-examine witnesses and the right to present witnesses.

AB133-SSA1-SA1, s. 1130r Section 1130r. 48.23 (2) of the statutes is renumbered 48.23 (2) (a) and amended to read:

AB133-SSA1-SA1,147,23 48.23 (2) (a) Whenever a child is alleged to be in need of protection or services under s. 48.13 or is the subject of a proceeding involving a contested adoption or the involuntary termination of parental rights, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel. A minor parent petitioning for the voluntary termination of parental rights shall be represented by a guardian ad litem. If a proceeding involves a contested adoption or the involuntary termination of parental rights, any parent 18 years old or older who appears before the court shall be represented by counsel; but the parent may waive counsel provided the court is satisfied such waiver is knowingly and voluntarily made.

AB133-SSA1-SA1, s. 1130s Section 1130s. 48.23 (2) (b) of the statutes is created to read:

AB133-SSA1-SA1,148,9 48.23 (2) (b) If a petition under s. 48.13 is contested, no child may be placed outside of his or her home unless the nonpetitioning parent is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the child may not be placed outside of his or her home unless the nonpetitioning parent is represented by counsel at the hearing at which the placement is made. A parent who is required under this paragraph to be represented by counsel may, however, waive counsel if the court is satisfied that such waiver is knowingly and voluntarily made, and the court may place the child outside the home even though the parent was not represented by counsel.

AB133-SSA1-SA1, s. 1130t Section 1130t. 48.23 (3) of the statutes is amended to read:

AB133-SSA1-SA1,148,15 48.23 (3) Power of the court to appoint counsel. Except in proceedings under s. 48.13, at At any time, upon request or on its own motion, the court may appoint counsel for the child or any party, unless the child or the party has or wishes to retain counsel of his or her own choosing. The court may not appoint counsel for any party other than the child in a proceeding under s. 48.13.

AB133-SSA1-SA1, s. 1130x Section 1130x. 48.23 (4) of the statutes is amended to read:

AB133-SSA1-SA1,149,13 48.23 (4) Providing counsel. In any situation under this section in which a person child has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person child to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. If the referral is of a person child who has filed a petition under s. 48.375 (7), the state public defender shall appoint counsel within 24 hours after that referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue to represent the child in any appeal brought under s. 809.105 unless the child requests substitution of counsel or extenuating circumstances make it impossible for counsel to continue to represent the child. In any situation under sub. (2) or (2m) in which a parent 18 years of age or over or an adult expectant mother is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent or adult expectant mother is unable to afford counsel in full, or the parent or adult expectant mother so indicates; the court shall refer the parent or adult expectant mother to the authority for indigency determinations specified under s. 977.07 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named as the respondent in that petition.".

AB133-SSA1-SA1,149,14 597. Page 645, line 22: after that line insert:

AB133-SSA1-SA1,149,15 " Section 1131c. 48.207 (1) (a) of the statutes is amended to read:

AB133-SSA1-SA1,149,23 48.207 (1) (a) The home of a parent or guardian, except that a child may not be held in the home of a parent or guardian if the parent or guardian has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.

AB133-SSA1-SA1, s. 1131cf Section 1131cf. 48.207 (1) (b) of the statutes is amended to read:

AB133-SSA1-SA1,150,8 48.207 (1) (b) The home of a relative, except that a child may not be held in the home of a relative if the relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.".

AB133-SSA1-SA1,150,9 598. Page 646, line 3: after that line insert:

AB133-SSA1-SA1,150,10 " Section 1131h. 48.32 (2) (a) of the statutes is amended to read:

AB133-SSA1-SA1,150,13 48.32 (2) (a) A consent decree shall remain in effect up to 6 months one year unless the child, parent, guardian, legal custodian or expectant mother is discharged sooner by the judge or juvenile court commissioner.".

AB133-SSA1-SA1,150,14 599. Page 646, line 3: after that line insert:

AB133-SSA1-SA1,150,15 " Section 1131gb. 48.27 (4) (a) 2. of the statutes is amended to read:

AB133-SSA1-SA1,150,17 48.27 (4) (a) 2. Advise the child and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.".

AB133-SSA1-SA1,150,18 600. Page 646, line 3: after that line insert:

AB133-SSA1-SA1,150,19 " Section 1131h. 48.345 (3) (a) of the statutes is amended to read:

AB133-SSA1-SA1,151,3 48.345 (3) (a) The home of a parent or other relative of the child, except that the judge may not designate the home of a parent or other relative of the child as the child's placement if the parent or other relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the judge determines by clear and convincing evidence that the placement would be in the best interests of the child. The judge shall consider the wishes of the child in making that determination.

AB133-SSA1-SA1, s. 1131hd Section 1131hd. 48.345 (3) (b) of the statutes is amended to read:

AB133-SSA1-SA1,151,13 48.345 (3) (b) A home which need not be The home of a person who is not required to be licensed if placement is for less than 30 days, except that the judge may not designate the home of a person who is not required to be licensed as the child's placement if the person has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the judge determines by clear and convincing evidence that the placement would be in the best interests of the child. The judge shall consider the wishes of the child in making that determination.

AB133-SSA1-SA1, s. 1131i Section 1131i. 48.355 (3) of the statutes is renumbered 48.355 (3) (a) and amended to read:

AB133-SSA1-SA1,151,19 48.355 (3) (a) If Except as provided in par. (b), if, after a hearing on the issue with due notice to the parent or guardian, the judge court finds that it would be in the best interest of the child, the judge court may set reasonable rules of parental visitation.

AB133-SSA1-SA1, s. 1131id Section 1131id. 48.355 (3) (b) of the statutes is created to read:

AB133-SSA1-SA1,151,25 48.355 (3) (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a parent of a child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,152,9 1m. Except as provided in subd. 2., if a parent who is granted visitation rights with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

AB133-SSA1-SA1,152,12 2. Subdivisions 1. and 1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

AB133-SSA1-SA1, s. 1131ir Section 1131ir. 48.357 (4d) of the statutes is created to read:

AB133-SSA1-SA1,152,18 48.357 (4d) (a) Except as provided in par. (b), the court may not change a child's placement to a placement in the home of a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, if the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,153,2 (am) Except as provided in par (b), if a parent in whose home a child is placed is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall change the child's placement to a placement out of the home of the parent on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

AB133-SSA1-SA1,153,5 (b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.".

AB133-SSA1-SA1,153,6 601. Page 647, line 9: after that line insert:

AB133-SSA1-SA1,153,7 " Section 1131p. 48.415 (8) of the statutes is amended to read:

AB133-SSA1-SA1,153,20 48.415 (8) Intentional or reckless homicide Homicide or solicitation to commit homicide of parent. Intentional or reckless Homicide or solicitation to commit homicide of a parent, which shall be established by proving that a parent of the child has been a victim of first-degree intentional homicide in violation of s. 940.01, first-degree reckless homicide in violation of s. 940.02 or 2nd-degree intentional homicide in violation of s. 940.05 or a crime under federal law or the law of any other state that is comparable to a crime specified in this subsection any of those crimes, or has been the intended victim of a solicitation to commit first-degree intentional homicide in violation of s. 939.30 or a crime under federal law or the law of any other state that is comparable to that crime, and that the person whose parental rights are sought to be terminated has been convicted of that intentional or reckless homicide, solicitation or crime under federal law or the law of any other state as evidenced by a final judgment of conviction.".

AB133-SSA1-SA1,153,21 602. Page 647, line 9: after that line insert:

AB133-SSA1-SA1,153,22 " Section 1131p. 48.42 (1m) (b) of the statutes is amended to read:

AB133-SSA1-SA1,154,4 48.42 (1m) (b) The Subject to par. (e), the court may issue the temporary order ex parte or may refuse to issue the temporary order and hold a hearing on whether to issue an injunction. The temporary order is in effect until a hearing is held on the issuance of an injunction. The court shall hold a hearing on the issuance of an injunction on or before the date of the hearing on the petition to terminate parental rights under s. 48.422 (1).

AB133-SSA1-SA1, s. 1131pd Section 1131pd. 48.42 (1m) (c) of the statutes is amended to read:

AB133-SSA1-SA1,154,12 48.42 (1m) (c) Notwithstanding any other order under s. 48.355 (3), the court, subject to par. (e), may grant an injunction prohibiting the respondent from visiting or contacting the child if the court determines that the prohibition would be in the best interests of the child. An injunction under this subsection is effective according to its terms but may not remain in effect beyond the date the court dismisses the petition for termination of parental rights under s. 48.427 (2) or issues an order terminating parental rights under s. 48.427 (3).

AB133-SSA1-SA1, s. 1131pg Section 1131pg. 48.42 (1m) (e) of the statutes is created to read:

AB133-SSA1-SA1,154,19 48.42 (1m) (e) 1. Except as provided in subd. 2., the court shall issue a temporary order and injunction prohibiting a parent of a child from visitation or contact with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,154,22 2. Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation or contact would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

AB133-SSA1-SA1, s. 1131pm Section 1131pm. 48.428 (6) of the statutes is renumbered 48.428 (6) (a) and amended to read:

AB133-SSA1-SA1,155,2 48.428 (6) (a) The Except as provided in par. (b), the court may order or prohibit visitation by a birth parent of a child placed in sustaining care.

AB133-SSA1-SA1, s. 1131pp Section 1131pp. 48.428 (6) (b) of the statutes is created to read:

AB133-SSA1-SA1,155,9 48.428 (6) (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a birth parent of a child who has been placed in sustaining care if the birth parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other birth parent, and the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,155,18 1m. Except as provided in subd. 2., if a birth parent who is granted visitation rights with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other birth parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the birth parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the birth parent.

AB133-SSA1-SA1,155,21 2. Subdivisions 1. and 1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.".

AB133-SSA1-SA1,155,22 603. Page 649, line 21: after that line insert:

AB133-SSA1-SA1,155,23 " Section 1142g. 48.57 (3m) (f) of the statutes is amended to read:

AB133-SSA1-SA1,156,7 48.57 (3m) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition any of the conditions specified in par. (am) 1., 2., 5. or to 6. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.".

AB133-SSA1-SA1,156,8 604. Page 650, line 5: after that line insert:

AB133-SSA1-SA1,156,9 " Section 1145g. 48.57 (3n) (f) of the statutes is amended to read:

AB133-SSA1-SA1,156,16 48.57 (3n) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition any of the conditions specified in par. (am) 1., 2., 5., 5m. or to 5r. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

AB133-SSA1-SA1, s. 1145h Section 1145h. 48.57 (3p) (fm) 1. of the statutes is amended to read:

AB133-SSA1-SA1,157,6 48.57 (3p) (fm) 1. The county department or, in a county having a population of 500,000 or more, the department of health and family services may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department or department of health and family services may not finally approve the making of payments under sub. (3m) unless the county department or department of health and family services receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. or payment is approved under par. (h) 4. The county department or department of health and family services may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB133-SSA1-SA1, s. 1145j Section 1145j. 48.57 (3p) (g) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,157,14 48.57 (3p) (g) (intro.) Except as provided in par. (h), the A county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

AB133-SSA1-SA1, s. 1145m Section 1145m. 48.57 (3p) (h) of the statutes is repealed.

AB133-SSA1-SA1, s. 1145p Section 1145p. 48.57 (3t) of the statutes is amended to read:

AB133-SSA1-SA1,158,2 48.57 (3t) Notwithstanding subs. (3m), (3n) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n) and (3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.".

AB133-SSA1-SA1,158,3 605. Page 654, line 25: after that line insert:

AB133-SSA1-SA1,158,4 " Section 1195m. 48.981 (7) (b) of the statutes is amended to read:

AB133-SSA1-SA1,158,9 48.981 (7) (b) Notwithstanding par. (a), either parent of a child may authorize the disclosure of a record for use in a child custody proceeding under s. 767.24 or 767.325 or in an adoption proceeding under s. 48.833 (1), 48.835, 48.837 or 48.839 when the child has been the subject of a report. Any information that would identify a reporter shall be deleted before disclosure of a record under this paragraph.".

AB133-SSA1-SA1,158,10 606. Page 654, line 25: after that line insert:

AB133-SSA1-SA1,158,11 " Section 1192p. 48.925 (1) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,158,19 48.925 (1) (intro.) Upon petition by a relative who has maintained a relationship similar to a parent-child relationship with a child who has been adopted by a stepparent or relative, the court, subject to subs. (1m) and (2), may grant reasonable visitation rights to that person if the petitioner has maintained such a relationship within 2 years prior to the filing of the petition, if the adoptive parent or parents, or, if a birth parent is the spouse of an adoptive parent, the adoptive parent and birth parent, have notice of the hearing and if the court determines all of the following:

AB133-SSA1-SA1, s. 1192r Section 1192r. 48.925 (1m) of the statutes is created to read:

AB133-SSA1-SA1,159,2 48.925 (1m) (a) Except as provided in par. (b), the court may not grant visitation rights under sub. (1) to a relative who has maintained a relationship similar to a parent-child relationship with a child if the relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,159,9 (am) Except as provided in par. (b), if a relative who is granted visitation rights with a child under sub. (1) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the relative from having visitation with the child on petition of the child or the parent, guardian or legal custodian of the child, or on the court's own motion, and on notice to the relative.

AB133-SSA1-SA1,159,12 (b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.".

AB133-SSA1-SA1,159,13 607. Page 657, line 21: after that line insert:

AB133-SSA1-SA1,159,14 " Section 1209qt. 49.124 (2) (a) of the statutes is amended to read:

AB133-SSA1-SA1,159,18 49.124 (2) (a) A county, or federally recognized American Indian tribe or Wisconsin works agency is liable for all food stamp coupons lost, misappropriated or destroyed while under the county's, or tribe's or Wisconsin works agency's direct control, except as provided in par. (b).

AB133-SSA1-SA1, s. 1209qu Section 1209qu. 49.124 (2) (b) of the statutes is amended to read:

AB133-SSA1-SA1,159,23 49.124 (2) (b) A county, or federally recognized American Indian tribe or Wisconsin works agency is not liable for food stamp coupons lost in natural disasters if it provides evidence acceptable to the department that the coupons were destroyed and not redeemed.

AB133-SSA1-SA1, s. 1209qv Section 1209qv. 49.124 (2) (c) of the statutes is amended to read:

AB133-SSA1-SA1,160,5 49.124 (2) (c) A county, or federally recognized American Indian tribe or Wisconsin works agency is liable for food stamp coupons mailed to residents of the county, or members of the tribe or participants in the Wisconsin works program and lost in the mail due to incorrect information submitted to the department by the county, or tribe or Wisconsin works agency.

AB133-SSA1-SA1, s. 1209qw Section 1209qw. 49.125 (1) of the statutes is amended to read:

AB133-SSA1-SA1,160,12 49.125 (1) The department, or a county , or an elected governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency acting on behalf of the department, may recover overpayments that arise from an overissuance of food coupons under the food stamp program administered under s. 46.215 (1) (k), or 46.22 (1) (b) 2. d. or 49.143 (2) (e). Recovery shall be made in accordance with 7 USC 2022.".