AB130: Bill Text

AB130, s. 363 Section 363. 48.58 (1) (d) of the statutes is amended to read:

AB130,99,20 48.58 (1) (d) Provide temporary shelter care for children taken into custody under s. 48.19 or 938.19.

AB130, s. 364 Section 364. 48.59 (1) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130,99,25 48.59 (1) The county department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.34 (4n) 48.345 and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child. The county department shall screen a child who is examined under this subsection to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department.

AB130, s. 365 Section 365. 48.595 of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130, s. 366 Section 366. 48.63 (1) of the statutes is amended to read:

AB130,101,2 48.63 (1) Acting pursuant to court order or voluntary agreement, the child's parent or guardian or the department, a county department or a child welfare agency licensed to place children in foster homes or treatment foster homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 6 months. A group home placement under a voluntary agreement may not exceed 15 days. These time limitations do not apply to placements made under ss. 48.34 and s. 48.345, 938.183, 938.34 or 938.345. Voluntary agreements may be made only under this subsection and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older.

AB130, s. 367 Section 367. 48.66 (1) of the statutes is amended to read:

AB130,101,18 48.66 (1) The department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 48.48 and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The department may license a child welfare agency to hold in secure custody children under 12 years of age who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4m) and placed in a secured child caring institution, and to provide supervision, care and maintenance for those children. The department may also license a child welfare agency to hold in secure custody children who have been adjudicated delinquent under s. 48.34 (4m) 938.34 (4m) and referred to the child welfare agency by the department under the intensive residential aftercare pilot program under 1993 Wisconsin Act 377, section 9126 (3x), and to provide supervision, care and maintenance for those children.

AB130, s. 368 Section 368. 48.78 (2) (a) of the statutes is amended to read:

AB130,101,23 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under sub. (3) or s. 48.371, 48.38 (5) (b) or (d), 48.432, 48.433, 48.93 or 48.981 (7) or by order of the court.

AB130, s. 369 Section 369. 48.78 (2) (d) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB130, s. 370 Section 370. 48.78 (2) (e) and (3) of the statutes are repealed.

AB130, s. 371 Section 371. 48.95 of the statutes is amended to read:

AB130,102,9 48.95 Withdrawal or denial of petition. Except as provided under s. 48.839 (3) (b), if the petition is withdrawn or denied, the circuit court shall order the case transferred to the court assigned to exercise jurisdiction under this chapter and ch. 938 for appropriate action, except that if parental rights have been terminated and the guardian of the minor is the department, a licensed child welfare agency or a county department under s. 48.57 (1) (e) or (hm), the minor shall remain in the legal custody of the guardian.

AB130, s. 372 Section 372. 48.991 of the statutes is renumbered 938.991.

AB130, s. 373 Section 373. 48.992 of the statutes is renumbered 938.992, and 938.992 (1) (a) and (b) and (3), as renumbered, are amended to read:

AB130,102,18 938.992 (1) (a) The "appropriate court" of this state to issue a requisition under s. 48.991 938.991 (4) is the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the petitioner's residence, or, if the petitioner is a child welfare agency, the court so assigned for the county where the agency has its principal office, or, if the petitioner is the department, any court so assigned in the state.

AB130,102,21 (b) The "appropriate court" of this state to receive a requisition under s. 48.991 938.991 (4) or (5) or 48.998 938.998 is the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county where the juvenile is located.

AB130,102,25 (3) Notwithstanding s. 48.991 938.991 (3) (b), "delinquent juvenile" does not include a person subject to an order under s. 48.366 938.366 who is confined to a state prison under s. 302.01 or a person subject to an order under s. 938.34 (4g) who is 17 years of age or over.

AB130, s. 374 Section 374. 48.993 of the statutes is renumbered 938.993, and 938.993 (2), as renumbered, is amended to read:

AB130,103,10 938.993 (2) The compact administrator shall determine for this state whether to receive juvenile probationers and parolees of other states under s. 48.991 938.991 (7) and shall arrange for the supervision of each such probationer or parolee received, either by the department or by a person appointed to perform supervision service for the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county where the juvenile is to reside, whichever is more convenient. Those persons shall in all such cases make periodic reports to the compact administrator regarding the conduct and progress of the juveniles.

AB130, s. 375 Section 375. 48.994 of the statutes is renumbered 938.994 and amended to read:

AB130,103,19 938.994 Supplementary agreements. The department may enter into supplementary agreements with appropriate officials of other states under s. 48.991 938.991 (10). If the supplementary agreement requires or contemplates the use of any institution or facility of this state or the provision of any service by this state, the supplementary agreement has no effect until approved by the department or agency under whose jurisdiction the institution or facility is operated or which shall be charged with the rendering of the service.

AB130, s. 376 Section 376. 48.995 of the statutes is renumbered 938.995 and amended to read:

AB130,103,23 938.995 Financial arrangements. The expense of returning juveniles to this state pursuant to s. 48.991 938.991 shall be paid as follows:

AB130,104,8 (1) In the case of a runaway under s. 48.991 938.991 (4), the court making the requisition shall inquire summarily regarding the financial ability of the petitioner to bear the expense and if it finds the petitioner is able to do so, shall order the petitioner to pay all the expenses of returning the juvenile; otherwise the court shall arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for that person's actual and necessary expenses; and the court may order that the petitioner reimburse the county for so much of the expense as the court finds the petitioner is able to pay. If the petitioner fails, without good cause, or refuses to pay that sum, the petitioner may be proceeded against for contempt.

AB130,104,19 (2) In the case of an escapee or absconder under s. 48.991 938.991 (5) or (6), if the juvenile is in the legal custody of the department, it shall bear the expense of his or her return; otherwise the appropriate court shall, on petition of the person entitled to the juvenile's custody or charged with his or her supervision, arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection "appropriate court" means the court which adjudged the juvenile to be delinquent or, if the juvenile is under supervision for another state under s. 48.991 938.991 (7), then the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the juvenile's residence during the supervision.

AB130,105,8 (3) In the case of a voluntary return of a runaway without requisition under s. 48.991 938.991 (6), the person entitled to the juvenile's legal custody shall pay the expense of transportation and the actual and necessary expenses of the person, if any, who returns the juvenile; but if the person is financially unable to pay all the expenses he or she may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the petitioner's residence for an order arranging for the transportation as provided in sub. (1). The court shall inquire summarily into the financial ability of the petitioner and, if it finds the petitioner is unable to bear any or all of the expense, the court shall arrange for the transportation at the expense of the county and shall order the county to reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. The court may order that the petitioner reimburse the county for so much of the expense as the court finds the petitioner is able to pay. If the petitioner fails, without good cause, or refuses to pay that sum, he or she may be proceeded against for contempt.

AB130,105,15 (4) In the case of a juvenile subject to a petition under s. 48.998 938.998, the appropriate court shall arrange for the transportation at the expense of the county in which the violation of criminal law is alleged to have been committed and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection "appropriate court" means the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county in which the violation of criminal law is alleged to have been committed.

AB130, s. 377 Section 377. 48.996 of the statutes is renumbered 938.996.

AB130, s. 378 Section 378. 48.997 of the statutes is renumbered 938.997.

AB130, s. 379 Section 379. 48.998 of the statutes is renumbered 938.998, and 938.998 (2), as renumbered, is amended to read:

AB130,106,4 938.998 (2) All provisions and procedures of s. 48.991 938.991 (5) and (6) shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile, charged with being a delinquent by reason of violating any criminal law shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in s. 48.991 938.991 (5) shall be forwarded by the judge of the court in which the petition has been filed.

AB130, s. 380 Section 380. 49.19 (4) (c) of the statutes is amended to read:

AB130,106,13 49.19 (4) (c) The person having the care and custody of the dependent child must be fit and proper to have the child. Aid shall not be denied by the county department under s. 46.215 or 46.22 on the grounds that a person is not fit and proper to have the care and custody of the child until the county department obtains a finding substantiating that fact from a court assigned to exercise jurisdiction under ch. chs. 48 and 938 or other court of competent jurisdiction; but in appropriate cases it is the responsibility of the county department to petition under ch. 48 or refer the case to a proper child protection agency.

AB130, s. 381 Section 381. 49.46 (1) (a) 5. of the statutes is amended to read:

AB130,106,16 49.46 (1) (a) 5. Any child in an adoption assistance, foster care or treatment foster care placement under ch. 48 or 938, as determined by the department.

AB130, s. 382 Section 382. 49.80 (7) of the statutes is amended to read:

AB130,106,21 49.80 (7) Individuals in state prisons. No payment under sub. (6) may be made to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person placed at a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 383 Section 383. 49.90 (1m) of the statutes is amended to read:

AB130,107,2 49.90 (1m) Each spouse has an equal obligation to support the other spouse as provided in this chapter. Each parent has an equal obligation to support his or her minor children as provided in this chapter and ch. chs. 48 and 938. Each parent of a dependent person under the age of 18 has an equal obligation to support the child of the dependent person as provided under sub. (1) (a) 2.

AB130, s. 384 Section 384. 50.39 (3) of the statutes is amended to read:

AB130,107,12 50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.14, 49.171, 50.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s. 48.02 938.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.

AB130, s. 385 Section 385. 51.05 (2) of the statutes is amended to read:

AB130,107,22 51.05 (2) The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has legal residency authorizes the care, as provided in s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.

AB130, s. 386 Section 386. 51.13 (1) (c) of the statutes is amended to read:

AB130,108,12 51.13 (1) (c) If a minor 14 years of age or older wishes to be admitted to an approved inpatient treatment facility but a parent with legal custody or the guardian refuses to execute the application for admission or cannot be found, or if there is no parent with legal custody, the minor or a person acting on the minor's behalf may petition the court assigned to exercise jurisdiction under ch. chs. 48 and 938 in the county of residence of the parent or guardian for approval of the admission. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines that the parent or guardian's consent is unreasonably withheld or that the parent or guardian cannot be found or that there is no parent with legal custody, and that the admission is proper under the standards prescribed in sub. (4) (d), it shall approve the minor's admission without the parent or guardian's consent. The court may, at the minor's request, temporarily approve the admission pending hearing on the petition. If a hearing is held under this subsection, no review or hearing under sub. (4) is required.

AB130, s. 387 Section 387. 51.13 (4) (a) of the statutes is amended to read:

AB130,109,5 51.13 (4) (a) Within 3 days of the admission of a minor under sub. (1), or within 3 days of application for such admission, whichever occurs first, the treatment director of the facility to which the minor is admitted or, in the case of a center for the developmentally disabled, the director of the center, shall file a verified petition for review of the admission in the court assigned to exercise jurisdiction under ch. chs. 48 and 938 in the county in which the facility is located. The petition shall contain: 1) the name, address and date of birth of the minor; 2) the names and addresses of the parents or guardian; 3) the facts substantiating the petitioner's belief in the minor's need for psychiatric services, or services for developmental disability, alcoholism or drug abuse; 4) the facts substantiating the appropriateness of inpatient treatment in the inpatient treatment facility; 5) the basis for the petitioner's opinion that inpatient care in the facility is the least restrictive treatment consistent with the needs of the minor; and 6) notation of any statement made or conduct demonstrated by the minor in the presence of the director or staff of the facility indicating that inpatient treatment is against the wishes of the minor. A copy of the application for admission and of any relevant professional evaluations shall be attached to the petition.

AB130, s. 388 Section 388. 51.13 (4) (b) of the statutes is amended to read:

AB130,109,11 51.13 (4) (b) If hardship would otherwise occur and if the best interests of the minor would be served thereby, the court may, on its own motion or on the motion of any interested party, remove the petition to the court assigned to exercise jurisdiction under ch. chs. 48 and 938 of the county of residence of the parent or guardian.

AB130, s. 389 Section 389. 51.13 (4) (d) of the statutes is amended to read:

AB130,110,8 51.13 (4) (d) Within 5 days of the filing of the petition, the court assigned to exercise jurisdiction under ch. chs. 48 and 938 shall determine, based on the allegations of the petition and accompanying documents, whether the admission is voluntary on the part of the minor if the minor is 14 years of age or older and whether there is a prima facie showing that the minor is in need of psychiatric services, or services for developmental disability, alcoholism or drug abuse, that the treatment facility offers inpatient therapy or treatment which is appropriate to the minor's needs, and that inpatient care in the treatment facility is the least restrictive therapy or treatment consistent with the needs of the minor. If such a showing is made, the court shall permit voluntary admission. If the court is unable to make such determinations based on the petition and accompanying documents, it shall dismiss the petition as provided in par. (h); or order additional information to be produced as it deems necessary to make such review, and make such determinations within 14 days of admission or application for admission, whichever is sooner; or it may hold a hearing within 14 days of admission or application for admission, whichever is sooner. If a notation of the minor's unwillingness appears on the face of the petition, or if a hearing has been requested by the minor, the minor's counsel, parent or guardian, the court shall hold a hearing to review the admission within 14 days of admission or application for admission, whichever is sooner, and shall appoint counsel to represent the minor if the minor is unrepresented. If the court deems it necessary, it shall also appoint a guardian ad litem to represent the minor.

AB130, s. 390 Section 390. 51.13 (4) (h) 2. of the statutes is amended to read:

AB130,110,16 51.13 (4) (h) 2. Order the petition to be treated as a petition for involuntary commitment and refer it to the court where the review under this section was held, or if it was not held in the county of legal residence of the subject individual's parent or guardian and hardship would otherwise occur and if the best interests of the subject individual would be served thereby, to the court assigned to exercise jurisdiction under ch chs. 48 and 938 in such county for a hearing under s. 51.20 or 51.45 (13).

AB130, s. 391 Section 391. 51.13 (4) (h) 4. of the statutes is amended to read:

AB130,110,22 51.13 (4) (h) 4. If there is a reason to believe the minor is in need of protection or services under s. 48.13 or 938.13, dismiss the petition and authorize the filing of a petition under s. 48.25 (3) or 938.25 (3). The court may release the minor or may order that the minor be taken and held in custody under s. 48.19 (1) (c) or 938.19 (1) (c).

AB130, s. 392 Section 392. 51.14 (2) of the statutes is amended to read:

AB130,111,3 51.14 (2) Mental health review officer. Each court assigned to exercise jurisdiction under ch chs. 48 and 938 shall designate a mental health review officer to review petitions filed under sub. (3).

AB130, s. 393 Section 393. 51.15 (1) (a) (intro.), 3. and 4. of the statutes are amended to read:

AB130,111,9 51.15 (1) (a) (intro.) A law enforcement officer or other person authorized to take a child into custody under ch. 48 or 938 may take an individual into custody if the officer or person has cause to believe that such individual is mentally ill, drug dependent or developmentally disabled, and that the individual evidences any of the following:

AB130,111,20 3. A substantial probability of physical impairment or injury to himself or herself due to impaired judgment, as manifested by evidence of a recent act or omission. The probability of physical impairment or injury is not substantial under this subdivision if reasonable provision for the individual's protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services or, in the case of a minor, if the individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13 (4). Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's protection available in the community under this subdivision.

AB130,112,13 4. Behavior manifested by a recent act or omission that, due to mental illness or drug dependency, he or she is unable to satisfy basic needs for nourishment, medical care, shelter or safety without prompt and adequate treatment so that a substantial probability exists that death, serious physical injury, serious physical debilitation or serious physical disease will imminently ensue unless the individual receives prompt and adequate treatment for this mental illness or drug dependency. No substantial probability of harm under this subdivision exists if reasonable provision for the individual's treatment and protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual can receive protective placement under s. 55.06 or, in the case of a minor, if the individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13 (4). The individual's status as a minor does not automatically establish a substantial probability of death, serious physical injury, serious physical debilitation or serious disease under this subdivision. Food, shelter or other care provided to an individual who is substantially incapable of providing the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's treatment or protection available in the community under this subdivision.

AB130, s. 394 Section 394. 51.20 (1) (a) 2. b., c. and d. of the statutes are amended to read:

AB130,112,24 51.20 (1) (a) 2. b. Evidences a substantial probability of physical harm to other individuals as manifested by evidence of recent homicidal or other violent behavior, or by evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them, as evidenced by a recent overt act, attempt or threat to do serious physical harm. In this subd. 2. b., if the petition is filed under a court order under s. 48.30 938.30 (5) (c) 1. or (d) 1., a finding by the court exercising jurisdiction under ch. chs. 48 and 938 that the child committed the act or acts alleged in the petition under s. 48.12 or 48.13 938.12 or 938.13 (12) may be used to prove that the child exhibited recent homicidal or other violent behavior or committed a recent overt act, attempt or threat to do serious physical harm.

AB130,113,14 c. Evidences such impaired judgment, manifested by evidence of a pattern of recent acts or omissions, that there is a substantial probability of physical impairment or injury to himself or herself. The probability of physical impairment or injury is not substantial under this subd. 2. c. if reasonable provision for the subject individual's protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual is appropriate for protective placement under s. 55.06 or, in the case of a minor, if the individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13 (4). The subject individual's status as a minor does not automatically establish a substantial probability of physical impairment or injury under this subd. 2. c. Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by a person other than a treatment facility, does not constitute reasonable provision for the subject individual's protection available in the community under this subd. 2. c.

AB130,114,7 d. Evidences behavior manifested by recent acts or omissions that, due to mental illness, he or she is unable to satisfy basic needs for nourishment, medical care, shelter or safety without prompt and adequate treatment so that a substantial probability exists that death, serious physical injury, serious physical debilitation or serious physical disease will imminently ensue unless the individual receives prompt and adequate treatment for this mental illness. No substantial probability of harm under this subd. 2. d. exists if reasonable provision for the individual's treatment and protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual is appropriate for protective placement under s. 55.06 or, in the case of a minor, if the individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13 (4). The individual's status as a minor does not automatically establish a substantial probability of death, serious physical injury, serious physical debilitation or serious disease under this subd. 2. d. Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's treatment or protection available in the community under this subd. 2. d.

AB130, s. 395 Section 395. 51.20 (1) (b) of the statutes is amended to read:

AB130,114,12 51.20 (1) (b) Each petition for examination shall be signed by 3 adult persons, at least one of whom has personal knowledge of the conduct of the subject individual, except that this requirement does not apply if the petition is filed pursuant to a court order under s. 48.30 938.30 (5) (c) 1. or (d) 1.

AB130, s. 396 Section 396. 51.20 (6) of the statutes is amended to read:

AB130,114,15 51.20 (6) Juveniles. For minors, the hearings held under this section shall be before the court assigned to exercise jurisdiction under ch. chs. 48 and 938.

AB130, s. 397 Section 397. 51.20 (13) (cr) of the statutes is amended to read:

AB130,114,22 51.20 (13) (cr) If the subject individual is before the court on a petition filed under a court order under s. 48.30 938.30 (5) (c) 1. and is found to have committed a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the individual to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis and to comply with the reporting and testing requirements of s. 175.45.

AB130, s. 398 Section 398. 51.35 (3) (title) of the statutes is amended to read:

AB130,114,25 51.35 (3) (title) Transfer of certain children from juvenile correctional facilities and secured child caring institutions.

AB130, s. 399 Section 399. 51.35 (3) (a) of the statutes is amended to read:

AB130,115,19 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility under s. 48.52 or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution is, in his or her opinion, in need of services for developmental disability, alcoholism or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the facility or institution, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 and over, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under the age of 14, only the minor's parent or guardian need consent. The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department, upon review of a request for transfer, determines that transfer is appropriate, the department may immediately transfer the individual. The department shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under ch. chs. 48 and 938 of the county where the treatment facility is located.

AB130, s. 400 Section 400. 51.35 (3) (b) of the statutes is amended to read:

AB130,116,11 51.35 (3) (b) The court assigned to exercise jurisdiction under ch. chs. 48 and 938 shall determine, based on the allegations of the petition and accompanying documents, whether the transfer is voluntary on the part of the minor if he or she is aged 14 or over, and whether the transfer of the minor to an inpatient facility is appropriate and consistent with the needs of the minor. In the event that the court is unable to make such determinations based on the petition and accompanying documents, it shall order additional information to be produced as it deems necessary to make such review, and make such determinations within 14 days of admission, or it may hold a hearing within 14 days of admission. If a notation of the minor's unwillingness appears on the face of the petition, or that a hearing has been requested by the minor, the minor's counsel, guardian ad litem, parent or guardian, the court shall hold a hearing and appoint counsel or a guardian ad litem for the minor as provided in s. 51.13 (4) (d). At the conclusion of the hearing, the court shall approve or disapprove the request for transfer. If the minor is under the continuing jurisdiction of the court of another county, the court may order the case transferred together with all appropriate records to that court.

AB130, s. 401 Section 401. 51.35 (3) (c) of the statutes is amended to read:

AB130,116,25 51.35 (3) (c) A licensed psychologist of a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution is, in his or her opinion, mentally ill, drug dependent or developmentally disabled, and is dangerous as defined in s. 51.20 (1) (a) 2., or is an alcoholic and is dangerous as defined in s. 51.45 (13) (a), shall file a written report with the superintendent of the facility or institution, stating the nature and basis of the belief. If the superintendent, upon review of the allegations in the report, determines that transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under ch chs. 48 and 938 of the county where the correctional facility or secured child caring institution is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

AB130, s. 402 Section 402. 51.35 (3) (e) of the statutes is amended to read:

AB130,117,19 51.35 (3) (e) The department may authorize emergency transfer of an individual from a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as defined in s. 51.20 (1) (a) 2. to the individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending facility or institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the facility or institution from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the correctional facility or secured child caring institution.

AB130, s. 403 Section 403. 51.35 (3) (g) of the statutes is amended to read:

AB130,118,5 51.35 (3) (g) A minor 14 years of age or older who is transferred to a treatment facility under par. (a) may request in writing a return to the juvenile correctional facility or secured child caring institution, as defined in s. 938.02 (15g). In the case of a minor under 14 years of age, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or over, the director shall immediately notify the minor's parent or guardian. The minor shall be returned to the juvenile correctional facility or secured child caring institution within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement.

AB130, s. 404 Section 404. 51.42 (3) (ar) 4. b. of the statutes is amended to read:

AB130,118,9 51.42 (3) (ar) 4. b. Comprehensive diagnostic and evaluation services, including assessment as specified under ss. 343.30 (1q) and 343.305 (10) and assessments under s. ss. 48.295 (1) and 938.295 (1).

AB130, s. 405 Section 405. 51.42 (3) (as) 1. of the statutes is amended to read: