AB130,77,1410 48.30 (7) If the citation or the petition is contested, the court shall set a date
11for the fact-finding hearing which allows reasonable time for the parties to prepare
12but is no more than 20 days from the plea hearing for a child who is held in secure
13custody and no more than 30 days from the plea hearing for a child who is not held
14in secure custody.
AB130, s. 219 15Section 219. 48.30 (8) of the statutes is amended to read:
AB130,77,1816 48.30 (8) Except when a child fails to appear in response or stipulates to a
17citation before
Before accepting an admission or plea of no contest of the alleged facts
18in a petition or citation, the court shall:
AB130,77,2119 (a) Address the parties present including the child personally and determine
20that the plea or admission is made voluntarily with understanding of the nature of
21the acts alleged in the petition or citation and the potential dispositions.
AB130,77,2522 (b) Establish whether any promises or threats were made to elicit a plea the
23plea or admission
and alert unrepresented parties to the possibility that a lawyer
24may discover defenses or mitigating circumstances which would not be apparent to
25them.
AB130,78,2
1(c) Make such inquiries as satisfactorily establishes that there is a factual basis
2for the child's plea or parent parent's and child's plea or admission.
AB130, s. 220 3Section 220. 48.30 (9) of the statutes is amended to read:
AB130,78,74 48.30 (9) If a court commissioner conducts the plea hearing and accepts an
5admission of the alleged facts in a petition brought under s. 48.12 or 48.13, the judge
6shall review the admission at the beginning of the dispositional hearing by
7addressing the parties and making the inquires set forth in sub. (8).
AB130, s. 221 8Section 221. 48.30 (10) of the statutes is amended to read:
AB130,78,119 48.30 (10) The court may permit any party to participate in hearings under this
10section by telephone or live audio-visual means except a child who intends to admit
11the facts of a delinquency petition
.
AB130, s. 222 12Section 222. 48.31 (1) of the statutes is amended to read:
AB130,78,1713 48.31 (1) In this section, "fact-finding hearing" means a hearing to determine
14if the allegations of a petition under s. 48.12 or 48.13 (12) are supported beyond a
15reasonable doubt or
a hearing to determine if the allegations in a petition or citation
16under s. 48.125 or 48.13 (1) to (11) or a petition to terminate parental rights are
17proved by clear and convincing evidence.
AB130, s. 223 18Section 223. 48.31 (2) of the statutes is amended to read:
AB130,79,519 48.31 (2) The hearing shall be to the court unless the child, parent, guardian
20or legal custodian exercises the right to a jury trial by demanding a jury trial at any
21time before or during the plea hearing. Chapters 756 and 805 shall govern the
22selection of jurors except that ss. 972.03 and 972.04 shall apply in cases in which the
23juvenile is alleged to be delinquent under s. 48.12
. If the hearing involves a child
24victim or witness, as defined in s. 950.02, the court may order the taking and allow
25the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district

1attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or
2jury shall make a determination of the facts. If the court finds that the child is not
3within the jurisdiction of the court or the court or jury finds that the facts alleged in
4the petition or citation have not been proved, the court shall dismiss the petition or
5citation
with prejudice.
AB130, s. 224 6Section 224. 48.31 (4) of the statutes is amended to read:
AB130,79,257 48.31 (4) The court or jury shall make findings of fact and the court shall make
8conclusions of law relating to the allegations of a petition filed under s. 48.13 (1) to
9(11m)
. In cases alleging a child to be in need of protection or services under s. 48.13
10(11), the court shall not find that the child is suffering serious emotional damage
11unless a licensed physician specializing in psychiatry or a licensed psychologist
12appointed by the court to examine the child has testified at the hearing that in his
13or her opinion the condition exists, and adequate opportunity for the
14cross-examination of the physician or psychologist has been afforded. The judge
15may use the written reports if the right to have testimony presented is voluntarily,
16knowingly and intelligently waived by the guardian ad litem or legal counsel for the
17child and the parent or guardian. In cases alleging a child to be in need of protection
18and services under s. 48.13 (11m), the court shall not find that the child is in need
19of treatment and education for needs and problems related to the use or abuse of
20alcohol beverages or controlled substances and its medical, personal, family or social
21effects unless an assessment for alcohol and other drug abuse that conforms to the
22criteria specified under s. 48.547 (4) has been conducted by an approved treatment
23facility. In cases alleging a child delinquent or in need of protection or services under
24s. 48.13 (12) the court shall make findings relating to the proof of the violation of law
25and to the proof that the child named in the petition committed the violation alleged.
AB130, s. 225
1Section 225. 48.32 (1) of the statutes is amended to read:
AB130,80,132 48.32 (1) At any time after the filing of a petition for a proceeding relating to
3s. 48.12 or 48.13 and before the entry of judgment, the judge or juvenile court
4commissioner may suspend the proceedings and place the child under supervision
5in the child's own home or present placement. The court may establish terms and
6conditions applicable to the parent, guardian or legal custodian, and to the child,
7including any conditions specified in subs. (1d), (1g) and (1t)
. The order under this
8section shall be known as a consent decree and must be agreed to by the child if 12
9years of age or older; the parent, guardian or legal custodian; and the person filing
10the petition under s. 48.25. If the consent decree includes any conditions specified
11in sub. (1g), the consent decree shall include provisions for payment of the services
12as specified in s. 48.361.
The consent decree shall be reduced to writing and given
13to the parties.
AB130, s. 226 14Section 226. 48.32 (1d) of the statutes is repealed.
AB130, s. 227 15Section 227. 48.32 (1g) of the statutes is repealed.
AB130, s. 228 16Section 228. 48.32 (1r) of the statutes is repealed.
AB130, s. 229 17Section 229. 48.32 (1t) of the statutes is repealed.
AB130, s. 230 18Section 230. 48.32 (2) (a) of the statutes is amended to read:
AB130,80,2119 48.32 (2) (a) Except as provided in par. (b), a A consent decree shall remain in
20effect up to 6 months unless the child, parent, guardian or legal custodian is
21discharged sooner by the judge or juvenile court commissioner.
AB130, s. 231 22Section 231. 48.32 (2) (b) of the statutes is repealed.
AB130, s. 232 23Section 232. 48.32 (4) of the statutes is repealed.
AB130, s. 233 24Section 233. 48.32 (5) (a) of the statutes is amended to read:
AB130,81,4
148.32 (5) (a) The court refuses to enter into a consent decree and the allegations
2in the petition remain to be decided in a hearing where the child denies the
3allegations of delinquency or
one of the parties denies the allegations forming the
4basis for a child in need of protection or services petition; or
AB130, s. 234 5Section 234. 48.32 (5) (b) of the statutes is amended to read:
AB130,81,76 48.32 (5) (b) A consent decree is granted but the petition under s. 48.12 or 48.13
7is subsequently reinstated.
AB130, s. 235 8Section 235. 48.33 (1) (intro.) of the statutes is amended to read:
AB130,81,119 48.33 (1) Report required. (intro.) Before the disposition of a child adjudged
10to be delinquent or in need of protection or services the court shall designate an
11agency to submit a report which shall contain all of the following:
AB130, s. 236 12Section 236. 48.33 (3) of the statutes, as affected by 1993 Wisconsin Acts 385
13and 481, is repealed.
AB130, s. 237 14Section 237. 48.33 (3m) of the statutes, as created by 1993 Wisconsin Act 377,
15is repealed.
AB130, s. 238 16Section 238. 48.33 (4m) (intro.) of the statutes is amended to read:
AB130,81,2117 48.33 (4m)Support recommendations; information to parents. (intro.) In
18making a recommendation for an amount of child support under sub. (3) or (4), the
19agency shall consider the factors that the court considers under s. 46.10 (14) (c) for
20deviation from the percentage standard. Prior to the dispositional hearing under s.
2148.335, the agency shall provide the child's parent with all of the following:
AB130, s. 239 22Section 239. 48.331 of the statutes, as affected by 1993 Wisconsin Act 377, is
23repealed.
AB130, s. 240 24Section 240. 48.335 (1) of the statutes is amended to read:
AB130,82,5
148.335 (1) The court shall conduct a hearing to determine the disposition of a
2case in which a child is adjudged to be delinquent under s. 48.12, to have violated a
3civil law or ordinance under s. 48.125 or
to be in need of protection or services under
4s. 48.13, except the court shall proceed as provided by s. 48.237 (2) if a citation is
5issued and the child fails to contest the citation
.
AB130, s. 241 6Section 241. 48.335 (3m) of the statutes is repealed.
AB130, s. 242 7Section 242. 48.34 (intro.) of the statutes, as affected by 1993 Wisconsin Act
8385
, is repealed.
AB130, s. 243 9Section 243. 48.34 (1) of the statutes is renumbered 48.345 (1).
AB130, s. 244 10Section 244. 48.34 (2) of the statutes, as affected by 1993 Wisconsin Act 377,
11is renumbered 48.345 (2).
AB130, s. 245 12Section 245. 48.34 (2m) of the statutes, as affected by 1993 Wisconsin Act 377,
13is renumbered 48.345 (2m).
AB130, s. 246 14Section 246. 48.34 (2r) of the statutes is repealed.
AB130, s. 247 15Section 247. 48.34 (3) of the statutes is renumbered 48.345 (3).
AB130, s. 248 16Section 248. 48.34 (3g) of the statutes is repealed.
AB130, s. 249 17Section 249. 48.34 (4) of the statutes is renumbered 48.345 (4).
AB130, s. 250 18Section 250. 48.34 (4g) of the statutes, as created by 1993 Wisconsin Act 377,
19is repealed.
AB130, s. 251 20Section 251. 48.34 (4m) of the statutes, as affected by 1993 Wisconsin Act 385,
21is repealed.
AB130, s. 252 22Section 252. 48.34 (4n) of the statutes, as created by 1993 Wisconsin Act 385,
23is repealed.
AB130, s. 253 24Section 253. 48.34 (4p) of the statutes is repealed.
AB130, s. 254 25Section 254. 48.34 (4r) of the statutes is repealed.
AB130, s. 255
1Section 255. 48.34 (4s) of the statutes is repealed.
AB130, s. 256 2Section 256. 48.34 (5) of the statutes is repealed.
AB130, s. 257 3Section 257. 48.34 (6) of the statutes is renumbered 48.345 (6).
AB130, s. 258 4Section 258. 48.34 (6m) of the statutes, as affected by 1993 Wisconsin Act 377,
5is renumbered 48.345 (6m).
AB130, s. 259 6Section 259. 48.34 (7) of the statutes is repealed.
AB130, s. 260 7Section 260. 48.34 (7m) of the statutes is repealed.
AB130, s. 261 8Section 261. 48.34 (8) of the statutes is repealed.
AB130, s. 262 9Section 262. 48.34 (9) of the statutes is repealed.
AB130, s. 263 10Section 263. 48.34 (10) of the statutes is renumbered 48.345 (10).
AB130, s. 264 11Section 264. 48.34 (11) of the statutes is renumbered 48.345 (11).
AB130, s. 265 12Section 265. 48.34 (12) of the statutes is renumbered 48.345 (12).
AB130, s. 266 13Section 266. 48.34 (13) of the statutes, as affected by 1993 Wisconsin Act 377,
14is renumbered 48.345 (13).
AB130, s. 267 15Section 267. 48.34 (14) of the statutes is repealed.
AB130, s. 268 16Section 268. 48.34 (15) of the statutes is repealed.
AB130, s. 269 17Section 269. 48.341 of the statutes is repealed.
AB130, s. 270 18Section 270. 48.342 of the statutes is repealed.
AB130, s. 271 19Section 271. 48.343 of the statutes is repealed.
AB130, s. 272 20Section 272. 48.344 of the statutes is repealed.
AB130, s. 273 21Section 273. 48.345 (1) (intro.) and (e) of the statutes are consolidated,
22renumbered 48.345 (intro.) and amended to read:
AB130,84,5 2348.345 Disposition of child adjudged in need of protection or services.
24(intro.) If the judge finds that the child is in need of protection or services, the judge
25shall enter an order deciding one or more of the dispositions of the case as provided

1in s. 48.34 this section under a care and treatment plan, except that the order may
2not do any of the following: (e) Place place any child not specifically found under chs.
346, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have
4exceptional educational needs in facilities which exclusively treat those categories
5of children. The dispositions under this section are as follows:
AB130, s. 274 6Section 274. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin Act
7491
, is repealed.
AB130, s. 275 8Section 275. 48.345 (1) (b) of the statutes is repealed.
AB130, s. 276 9Section 276. 48.345 (1) (c) of the statutes is repealed.
AB130, s. 277 10Section 277. 48.345 (1) (d) of the statutes is repealed.
AB130, s. 278 11Section 278. 48.345 (1) (f) of the statutes is repealed.
AB130, s. 279 12Section 279. 48.345 (2) of the statutes is repealed.
AB130, s. 280 13Section 280. 48.346 of the statutes is repealed.
AB130, s. 281 14Section 281. 48.35 (1) (a) of the statutes is repealed.
AB130, s. 282 15Section 282. 48.35 (1) (b) 2. of the statutes is amended to read:
AB130,84,1716 48.35 (1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction
17under this chapter and ch. 938; or
AB130, s. 283 18Section 283. 48.35 (1) (b) 4. of the statutes is repealed.
AB130, s. 284 19Section 284. 48.35 (1) (c) of the statutes is repealed.
AB130, s. 285 20Section 285. 48.355 (1) of the statutes, as affected by 1993 Wisconsin Act 377,
21is amended to read:
AB130,85,822 48.355 (1) Intent. In any order under s. 48.34 or 48.345 the judge shall decide
23on a placement and treatment finding based on evidence submitted to the judge. The
24disposition shall employ those means necessary to maintain and protect the child's
25well-being which are the least restrictive of the rights of the parent or child and

1which assure the care, treatment or rehabilitation of the child and the family,
2consistent with the protection of the public. Wherever possible, and, in cases of child
3abuse and neglect, when it is consistent with the child's best interest in terms of
4physical safety and physical health the family unit shall be preserved and there shall
5be a policy of transferring custody from the parent only where there is no less drastic
6alternative. If information under s. 48.331 has been provided in a court report under
7s. 48.33 (1), the court shall consider that information when deciding on a placement
8and treatment finding.
AB130, s. 286 9Section 286. 48.355 (2) (b) 5. of the statutes is amended to read:
AB130,85,1210 48.355 (2) (b) 5. For a child placed outside his or her home pursuant to an order
11under s. 48.34 (3) or 48.345, a permanency plan under s. 48.38 if one has been
12prepared.
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