AB130: Bill Text

AB130, s. 44 Section 44. 46.26 (4) (b) 1. of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,40,11 46.26 (4) (b) 1. Assessment of costs under par. (a) shall be made periodically on the basis of a per person per day cost estimate adjusted at least annually by the department. Except as provided in pars. (bm), (c), (cm) and (dr), liability shall apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising jurisdiction under ch. chs. 48 and 938 for each person receiving services from the department of health and social services under ss. 48.34, 48.366 and 51.35 (3), 938.183 (2), 938.34 and 938.366 or the department of corrections under s. 48.366 938.183 (2) or 938.366. Except as provided in pars. (bm), (c), (cm) and (dr), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) and (d) to the total applicable estimated costs of care, services and supplies provided by the department of health and social services under ss. 48.34, 48.366 and 51.35 (3), 938.183 (2), 938.34 and 938.366 or the department of corrections under ss. 48.34 938.183 (2), 938.34 (4g) and 48.366 938.366.

AB130, s. 45 Section 45. 46.26 (4) (c) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,40,19 46.26 (4) (c) Notwithstanding pars. (a), (b) 1. and (bm), but subject to par. (dr), the department of health and social services shall pay, from the appropriation under s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person receiving services under ss. 48.34, 48.366 and 51.35 (3), 938.183 (2), 938.34 and 938.366 who was under the guardianship of the department pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

AB130, s. 46 Section 46. 46.26 (4) (cm) 1. of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,41,5 46.26 (4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm), but subject to par. (dr), the department shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing juvenile correctional institutions operated by the department and secured child caring institutions, as defined in s. 938.02 (15g), for costs incurred beginning on January 1, 1995, for the care of any child who is placed in a juvenile correctional facility operated by the department or a secured child caring institution based on a delinquent act that is a violation of s. 940.01, 940.02, 940.03, 940.05, 940.225 (1) or, 943.32 (2), 948.02 (1) or 948.025.

AB130, s. 47 Section 47. 46.26 (4) (cm) 2. of the statutes is amended to read:

AB130,41,13 46.26 (4) (cm) 2. Notwithstanding pars. (a), (b) 1. and (bm), the department shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the appropriation under s. 20.410 (1) (hx) for the purpose of reimbursing adult correctional institutions for costs incurred beginning on January 1, 1995, for the care of any person under 19 years of age who is placed in an adult correctional facility under s. 48.366 938.183 (2) or 938.366 (8) based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or, 940.225 (1), 948.02 (1) or 948.025.

AB130, s. 48 Section 48. 46.26 (4) (d) 1. of the statutes is amended to read:

AB130,41,20 46.26 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s. 48.34 938.34, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (hm). As adjustments in the assessments under this subsection are made, there shall be a proportionate adjustment in the allocations to counties under sub. (3) (d).

AB130, s. 49 Section 49. 46.26 (4) (d) 1m. of the statutes is amended to read:

AB130,42,4 46.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under s. 48.366 ss. 938.183 (2) and 938.366, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (hm) for services provided by the department of health and social services or s. 20.410 (1) (hx) for services provided by the department of corrections. As adjustments in the assessments under this subsection are made, there shall be a proportionate adjustment in the allocations to counties under sub. (3) (d).

AB130, s. 50 Section 50. 46.26 (4) (d) 2. of the statutes is amended to read:

AB130,42,16 46.26 (4) (d) 2. Beginning July 1, 1993 1995, and ending December 31, 1993 1995, the per person daily cost assessment to counties shall be $101.55 for care in a juvenile correctional institution Type 1 secured correctional facility, as defined in s. 938.02 (19), $101.55 for care for children transferred from a juvenile correctional institution secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 48.02 (15g), under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $131.65 for care in a child caring institution, $92.03 for care in a group home for children, $21.02 for care in a foster home, $58.37 for care in a treatment foster home, $66.75 for care in a Type 2 secured correctional facility, as defined in s. 938.02 (20), and $11.57 for departmental aftercare services.

AB130, s. 51 Section 51. 46.26 (4) (d) 3. of the statutes is amended to read:

AB130,43,3 46.26 (4) (d) 3. In calendar year 1994 1996, the per person daily cost assessment to counties shall be $111.73 for care in a juvenile correctional institution Type 1 secured correctional facility, as defined in s. 938.02 (19), $111.73 for care for children transferred from a juvenile correctional institution secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $141.05 for care in a child caring institution, $98.47 for care in a group home for children, $22.49 for care in a foster home, $62.46 for care in a treatment foster home, $66.75 for departmental corrective sanctions services care in a Type 2 secured correctional facility, as defined in s. 938.02 (20), and $12.96 for departmental aftercare services.

AB130, s. 52 Section 52. 46.26 (4) (d) 4. of the statutes is amended to read:

AB130,43,16 46.26 (4) (d) 4. Beginning January 1, 1995 1997, and ending June 30, 1995 1997, the per person daily cost assessment to counties shall be $115.68 for care in a juvenile correctional institution Type 1 secured correctional facility, as defined in s. 938.02 (19), $115.68 for care for children transferred from a juvenile correctional institution secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $146.07 for care in a child caring institution, $101.92 for care in a group home for children, $23.28 for care in a foster home, $64.65 for care in a treatment foster home, $66.75 for departmental corrective sanctions services care in a Type 2 secured correctional facility, as defined in s. 938.02 (20), and $12.96 for departmental aftercare services.

AB130, s. 53 Section 53. 46.26 (4) (dr) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB130,43,22 46.26 (4) (dr) For youthful offender services provided by the department of health and social services under s. 48.34 938.34 (4g), all payments received from the department of corrections under s. 48.537 938.537 (6) shall be deposited in the appropriation account under s. 20.435 (3) (k).

AB130, s. 54 Section 54. 46.26 (4) (e) of the statutes is amended to read:

AB130,44,3 46.26 (4) (e) For foster care, treatment foster care, group home care and institutional child care to delinquent children under ss. 48.48 (4) and (14), 48.52 and 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (ho).

AB130, s. 55 Section 55. 46.26 (4) (eg) of the statutes is amended to read:

AB130,44,7 46.26 (4) (eg) For corrective sanctions services under s. 48.533 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (hr).

AB130, s. 56 Section 56. 46.26 (4) (g) of the statutes is amended to read:

AB130,44,13 46.26 (4) (g) For juvenile field and institutional aftercare services under ch. 48 938 and for the juvenile offender review program in the division of youth services in the department of health and social services, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.

AB130, s. 57 Section 57. 46.26 (7) (b) 2. of the statutes is amended to read:

AB130,44,20 46.26 (7) (b) 2. To determine eligibility for payments under this paragraph for fiscal year 1993-94 1995-96, the department shall determine a percentage for each county by dividing the combined number of 1990 1992 and 1991 1993 assaultive and total Part I juvenile arrests in a county by the population of that county under 18 17 years of age. A county having a percentage exceeding 3.5% is eligible to receive these payments.

AB130, s. 58 Section 58. 46.26 (7) (b) 3. of the statutes is amended to read:

AB130,45,2 46.26 (7) (b) 3. To determine eligibility for payments under this paragraph for fiscal year 1994-95 1996-97, the department shall determine a percentage for each county by using the procedure under subd. 2., updating the arrest data to reflect current statistics, if available. A county having a percentage exceeding 3.5% is eligible to receive these payments.

AB130, s. 59 Section 59. 46.26 (7) (h) of the statutes is amended to read:

AB130,45,10 46.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 48.533 938.533 (2), $768,100 in 1994 and $768,100 in the first 6 months of 1995 for the provision of corrective sanctions services for children from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by 105 and multiplying the quotient by the average daily population of children from that county who are participating in the program.

AB130, s. 60 Section 60. 46.263 (3) of the statutes is amended to read:

AB130,45,25 46.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of children who are taken into custody statewide for alleged violations that are punishable as a Class A or a Class B felony if committed by an adult, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of children statewide who are placed in a juvenile correctional institution or a secured child caring institution, as defined in s. 938.02 (15g), during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the number of Part I juvenile offenses reported statewide under the uniform crime reporting system of the Wisconsin department office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available.

AB130, s. 61 Section 61. 46.275 (4) (b) 1. of the statutes is amended to read:

AB130,46,7 46.275 (4) (b) 1. Consent for participation is given either by the person's parent, guardian or legal custodian, if the person is under age 18, or by the person or the person's guardian, if the person is age 18 or over, except that this subdivision does not limit the authority of the circuit court to enter, change, revise or extend a dispositional order under subch. VI of ch. 48 or subch. VI of ch. 938 or to order a placement under s. 55.06.

AB130, s. 62 Section 62. 46.28 (1) (am) 1. of the statutes is amended to read:

AB130,46,10 46.28 (1) (am) 1. A child adjudged delinquent for whom a case disposition is made under s. 48.34 938.34.

AB130, s. 63 Section 63. 46.28 (1) (am) 2. of the statutes is amended to read:

AB130,46,13 46.28 (1) (am) 2. A child found in need of protection or services for whom an order is made under s. 48.345 or 938.345.

AB130, s. 64 Section 64. 46.56 (3) (a) 5. of the statutes is amended to read:

AB130,46,16 46.56 (3) (a) 5. The juvenile court administrator or another representative appointed by the judge responsible for cases heard under ch. chs. 48 and 938.

AB130, s. 65 Section 65. 46.56 (8) (a) of the statutes is amended to read:

AB130,46,23 46.56 (8) (a) Referrals to the program may come from any county departments, agencies, school districts, cooperative educational service agencies, county handicapped children's education boards, technical college districts, courts assigned to exercise jurisdiction under ch. chs. 48 and 938 or any other organization or the child with severe disabilities or his or her family may contact the administering agency or service coordination agency to request services.

AB130, s. 66 Section 66. 46.56 (8) (g) of the statutes is amended to read:

AB130,47,8 46.56 (8) (g) The service coordinator shall assemble the results of all prior relevant assessments and evaluations documenting the service needs of the child with severe disabilities and the child's family, including multidisciplinary team evaluations under s. 115.80 (3) or independent educational evaluations, court-ordered evaluations under s. 48.295 or 938.295, family support program evaluations, community integration program or community options program assessments, and any other available medical, psychiatric, psychological, vocational or developmental evaluations.

AB130, s. 67 Section 67. 46.56 (8) (h) 5. of the statutes is amended to read:

AB130,47,14 46.56 (8) (h) 5. Identification of any administrative or judicial procedures under ch. 48, 51, 55, 115 or, 118 or 938 that may be necessary in order to fully implement the integrated service plan and the identity of the individual or organization that will be responsible for initiating those procedures, if any are required.

AB130, s. 68 Section 68. 46.56 (8) (j) of the statutes is amended to read:

AB130,47,19 46.56 (8) (j) The proposed integrated service plan shall be submitted to any service providers who would be included in the integrated service plan and the court assigned to exercise jurisdiction under ch. chs. 48 and 938 if participation in the program has been court ordered under s. 48.34 48.345 (6m) or 938.34 (6m).

AB130, s. 69 Section 69. 46.56 (8) (k) of the statutes is amended to read:

AB130,48,2 46.56 (8) (k) Upon written approval of the integrated service plan by the proposed service providers and the child's family, unless the child's involvement in the program is through court order under s. 48.355 or 938.355, in which case approval of the court may be substituted for that of the family, the integrated service plan shall be implemented by the service coordination agency and the service providers designated to provide services under the integrated service plan.

AB130, s. 70 Section 70. 46.56 (14) (a) (intro.) of the statutes is amended to read:

AB130,48,16 46.56 (14) (a) (intro.) In order to support the development of a comprehensive system of coordinated care for children with severe disabilities and their families, the department shall establish a statewide advisory committee with representatives of county departments, the department of public instruction, educational agencies, professionals experienced in the provision of services to children with severe disabilities, families with children with severe disabilities, advocates for such families and their children, the subunit of the department that administers vocational rehabilitation, the technical college system, health care providers, courts assigned to exercise jurisdiction under ch. chs. 48 and 938, child welfare officials, and other appropriate persons as selected by the department. The department may use an existing committee for this purpose if it has representatives from the listed groups and is willing to perform the required functions. This committee shall do all of the following:

AB130, s. 71 Section 71. 48.01 (1) (c) of the statutes is repealed.

AB130, s. 72 Section 72. 48.01 (1) (d) of the statutes is repealed.

AB130, s. 73 Section 73. 48.01 (1) (h) of the statutes is repealed.

AB130, s. 74 Section 74. 48.02 (2m) of the statutes is amended to read:

AB130,48,22 48.02 (2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and ch. 938.

AB130, s. 75 Section 75. 48.02 (3m) of the statutes is repealed.

AB130, s. 76 Section 76. 48.02 (9m) of the statutes is repealed.

AB130, s. 77 Section 77. 48.02 (10) of the statutes is amended to read:

AB130,49,2 48.02 (10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and ch. 938.

AB130, s. 78 Section 78. 48.02 (15m) of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

AB130, s. 79 Section 79. 48.023 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130,49,10 48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department under s. 48.34 938.183 (2) or 938.34 (4m) or (4n) or the supervision of a county department under s. 48.34 938.34 (4n).

AB130, s. 80 Section 80. 48.03 (2) of the statutes is amended to read:

AB130,49,16 48.03 (2) In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and ch. 938, another judge shall be assigned under s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses as provided under s. 753.073.

AB130, s. 81 Section 81. 48.035 of the statutes is amended to read:

AB130,50,8 48.035 Court; Menominee and Shawano counties. Menominee county is attached to Shawano county for judicial purposes to the extent of the jurisdiction and functions of the court assigned to exercise jurisdiction under this chapter and ch. 938 and the office and functions of the judge of the court, and the duly designated judge of the court assigned to exercise jurisdiction under this chapter and ch. 938 of the circuit court for Menominee and Shawano counties shall serve in both counties. The county boards of Menominee county and Shawano county shall enter into an agreement on administration of this section and the prorating of expenditures involved, and for such purposes the county board of supervisors of Menominee county may appropriate, levy and collect a sum each year sufficient to pay its share of the expenses. If the 2 county boards are unable to agree on the prorating of expenditure involved, then the circuit judges for the circuit court for Menominee and Shawano counties shall, upon appropriate notice and hearing, determine the prorating of the expenditures on the basis of a fair allocation to each county under such procedure as they prescribe. If the circuit judges are unable to agree, the chief judge of the judicial administrative district shall make the determination.

AB130, s. 82 Section 82. 48.06 (1) (a) 1. of the statutes is amended to read:

AB130,50,24 48.06 (1) (a) 1. In counties with a population of 500,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases under this chapter and ch. 938 by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The director is the chief administrative officer of the center and of the intake and probation sections and secure detention facilities of the center except as otherwise provided in this subsection. The director is charged with administration of the personnel and services of the sections and of the secure detention facilities, and is responsible for supervising both the operation of the physical plant and the maintenance and improvement of the buildings and grounds of the center. The center shall include investigative services for all children alleged to be in need of protection or services to be provided by the county department, and the services of an assistant district attorney or assistant corporation counsel or both, who shall be assigned to the center to provide investigative as well as legal work in the cases.

AB130, s. 83 Section 83. 48.06 (1) (a) 3. of the statutes is amended to read:

AB130,51,22 48.06 (1) (a) 3. The county board of supervisors shall develop policies and establish necessary rules for the management and administration of the nonjudicial operations of the children's court center. The director of the center shall report and is responsible to the director of the county department for the execution of all nonjudicial operational policies and rules governing the center, including activities of probation officers whenever they are not performing services for the court. The director of the center is also responsible for the preparation and submission to the county board of supervisors of the annual budget for the center except for the judicial functions or responsibilities which are delegated by law to the judge or judges and clerk of circuit court. The county board of supervisors shall make provision in the organization of the office of director for the devolution of the director's authority in the case of temporary absence, illness, disability to act or a vacancy in position and shall establish the general qualifications for the position. The county board of supervisors also has the authority to investigate, arbitrate and resolve any conflict in the administration of the center as between judicial and nonjudicial operational policy and rules. The county board of supervisors does not have authority and may not assert jurisdiction over the disposition of any case or child after a written order is made under s. 48.21 or 938.21 or if a petition is filed under s. 48.25 or 938.25. All personnel of the intake and probation sections and of the secure detention facilities shall be appointed under civil service by the director except that existing court service personnel having permanent civil service status may be reassigned to any of the respective sections within the center specified in this paragraph.

AB130, s. 84 Section 84. 48.06 (2) (a) of the statutes is amended to read:

AB130,52,12 48.06 (2) (a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by s. ss. 48.067 and 938.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 48.069 and ch. 938 under s. 938.069. Intake services shall be provided by employes of the court or county department and may not be subcontracted to other individuals or agencies, except any county which had intake services subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract intake services from the county sheriff's department as provided in par. (am). Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into an informal disposition or deferred prosecution agreement, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

AB130, s. 85 Section 85. 48.06 (2) (am) of the statutes is created to read:

AB130,52,16 48.06 (2) (am) 1. Notwithstanding par. (a), any county which had intake services subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract intake services from the county sheriff's department.

AB130,52,24 2. Notwithstanding par. (a), any county in which the county sheriff's department operates a secure detention facility may subcontract intake services from the county sheriff's department. If a county subcontracts intake services from the county sheriff's department, employes of the county sheriff's department who staff the secure detention facility may provide intake services between the hours of 6 p.m. and 6 a.m. and any intake determination made by an employe of the county sheriff's department shall be reviewed by an intake worker employed by the court or county department within 24 hours after that determination is made.

AB130, s. 86 Section 86. 48.06 (3) of the statutes is amended to read:

AB130,53,4 48.06 (3) Intake services. The court or county department responsible for providing intake services under s. ss. 48.067 and 938.067 shall specify one or more persons to provide intake services. If there is more than one such worker, one of the workers shall be designated as chief worker and shall supervise other workers.

AB130, s. 87 Section 87. 48.065 (2) (g) of the statutes is repealed.

AB130, s. 88 Section 88. 48.065 (2) (gm) of the statutes is amended to read:

AB130,53,7 48.065 (2) (gm) Conduct uncontested proceedings under ss. 48.12 and s. 48.13.

AB130, s. 89 Section 89. 48.065 (3) (a) of the statutes is repealed.

AB130, s. 90 Section 90. 48.065 (3) (b) of the statutes is amended to read:

AB130,53,11 48.065 (3) (b) Conduct fact-finding or dispositional hearings except petitions or citations under s. 48.125 and except as provided in sub. (2) (gm).

AB130, s. 91 Section 91. 48.065 (3) (c) of the statutes is amended to read:

AB130,53,14 48.065 (3) (c) Make dispositions other than approving consent decrees and other than dispositions in uncontested proceedings under ss. 48.12 and s. 48.13.