AB130: Bill Text

AB130, s. 263 Section 263. 48.34 (10) of the statutes is renumbered 48.345 (10).

AB130, s. 264 Section 264. 48.34 (11) of the statutes is renumbered 48.345 (11).

AB130, s. 265 Section 265. 48.34 (12) of the statutes is renumbered 48.345 (12).

AB130, s. 266 Section 266. 48.34 (13) of the statutes, as affected by 1993 Wisconsin Act 377, is renumbered 48.345 (13).

AB130, s. 267 Section 267. 48.34 (14) of the statutes is repealed.

AB130, s. 268 Section 268. 48.34 (15) of the statutes is repealed.

AB130, s. 269 Section 269. 48.341 of the statutes is repealed.

AB130, s. 270 Section 270. 48.342 of the statutes is repealed.

AB130, s. 271 Section 271. 48.343 of the statutes is repealed.

AB130, s. 272 Section 272. 48.344 of the statutes is repealed.

AB130, s. 273 Section 273. 48.345 (1) (intro.) and (e) of the statutes are consolidated, renumbered 48.345 (intro.) and amended to read:

AB130,84,5 48.345 Disposition of child adjudged in need of protection or services. (intro.) If the judge finds that the child is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in s. 48.34 this section under a care and treatment plan, except that the order may not do any of the following: (e) Place place any child not specifically found under chs. 46, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have exceptional educational needs in facilities which exclusively treat those categories of children. The dispositions under this section are as follows:

AB130, s. 274 Section 274. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin Act 491, is repealed.

AB130, s. 275 Section 275. 48.345 (1) (b) of the statutes is repealed.

AB130, s. 276 Section 276. 48.345 (1) (c) of the statutes is repealed.

AB130, s. 277 Section 277. 48.345 (1) (d) of the statutes is repealed.

AB130, s. 278 Section 278. 48.345 (1) (f) of the statutes is repealed.

AB130, s. 279 Section 279. 48.345 (2) of the statutes is repealed.

AB130, s. 280 Section 280. 48.346 of the statutes is repealed.

AB130, s. 281 Section 281. 48.35 (1) (a) of the statutes is repealed.

AB130, s. 282 Section 282. 48.35 (1) (b) 2. of the statutes is amended to read:

AB130,84,17 48.35 (1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction under this chapter and ch. 938; or

AB130, s. 283 Section 283. 48.35 (1) (b) 4. of the statutes is repealed.

AB130, s. 284 Section 284. 48.35 (1) (c) of the statutes is repealed.

AB130, s. 285 Section 285. 48.355 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,85,8 48.355 (1) Intent. In any order under s. 48.34 or 48.345 the judge shall decide on a placement and treatment finding based on evidence submitted to the judge. The disposition shall employ those means necessary to maintain and protect the child's well-being which are the least restrictive of the rights of the parent or child and which assure the care, treatment or rehabilitation of the child and the family, consistent with the protection of the public. Wherever possible, and, in cases of child abuse and neglect, when it is consistent with the child's best interest in terms of physical safety and physical health the family unit shall be preserved and there shall be a policy of transferring custody from the parent only where there is no less drastic alternative. If information under s. 48.331 has been provided in a court report under s. 48.33 (1), the court shall consider that information when deciding on a placement and treatment finding.

AB130, s. 286 Section 286. 48.355 (2) (b) 5. of the statutes is amended to read:

AB130,85,12 48.355 (2) (b) 5. For a child placed outside his or her home pursuant to an order under s. 48.34 (3) or 48.345, a permanency plan under s. 48.38 if one has been prepared.

AB130, s. 287 Section 287. 48.355 (3m) of the statutes is repealed.

AB130, s. 288 Section 288. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is renumbered 48.355 (4) and amended to read:

AB130,86,2 48.355 (4) Termination of orders. Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child whose legal custody has been transferred to the department of corrections under s. 48.34 (4g) or who is under the supervision of the department of health and social services under s. 48.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

AB130, s. 289 Section 289. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

AB130, s. 290 Section 290. 48.355 (6) and (6g) of the statutes are repealed.

AB130, s. 291 Section 291. 48.355 (7) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,86,11 48.355 (7) Orders applicable to parents, guardians, legal custodians and other adults. In addition to any dispositional order entered under s. 48.34 or 48.345, the court may enter an order applicable to a child's parent, guardian or legal custodian or to another adult, as provided under s. 48.45.

AB130, s. 292 Section 292. 48.357 (2) of the statutes is amended to read:

AB130,86,21 48.357 (2) If emergency conditions necessitate an immediate change in the placement of a child placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1). In emergency situations, the child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 48.34 48.345 (3).

AB130, s. 293 Section 293. 48.357 (3) and (4) of the statutes, as affected by 1993 Wisconsin Act 385, are repealed.

AB130, s. 294 Section 294. 48.357 (4g) of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130, s. 295 Section 295. 48.357 (4m) of the statutes is repealed.

AB130, s. 296 Section 296. 48.357 (5) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB130, s. 297 Section 297. 48.36 (1) (a) of the statutes is amended to read:

AB130,87,17 48.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a disposition made under s. 48.34 or 48.345 or by a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department, or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).

AB130, s. 298 Section 298. 48.361 (1) (b) of the statutes is amended to read:

AB130,87,20 48.361 (1) (b) Any special treatment or care that relates to alcohol or other drug abuse services ordered by a court under s. 48.34 48.345 (6) (a).

AB130, s. 299 Section 299. 48.361 (1) (c) of the statutes is amended to read:

AB130,87,23 48.361 (1) (c) Any alcohol or other drug abuse treatment or education ordered by a court under s. 48.32 (1g), 48.34 48.345 (6) (a) or (13), 48.343 (10) or 48.344 (2g).

AB130, s. 300 Section 300. 48.361 (2) (am) 2. of the statutes is amended to read:

AB130,88,3 48.361 (2) (am) 2. If a court in a county that does not have a pilot program under s. 48.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with s. 48.34 48.345 (6) (a) or 48.36.

AB130, s. 301 Section 301. 48.362 (2) of the statutes is amended to read:

AB130,88,7 48.362 (2) This section applies to the payment of court-ordered special treatment or care under s. 48.34 48.345 (6) (a), whether or not custody has been taken from the parent.

AB130, s. 302 Section 302. 48.364 of the statutes is repealed.

AB130, s. 303 Section 303. 48.365 (7) of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

AB130, s. 304 Section 304. 48.366 of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB130, s. 305 Section 305. 48.37 (1) of the statutes is amended to read:

AB130,88,16 48.37 (1) A court assigned to exercise jurisdiction under this chapter and ch. 938 may not assess costs or assessments against a child under 14 years of age but may assess costs against a child 14 years of age or older.

AB130, s. 306 Section 306. 48.37 (3) of the statutes is repealed.

AB130, s. 307 Section 307. 48.373 (1) of the statutes is amended to read:

AB130,88,24 48.373 (1) The court assigned to exercise jurisdiction under this chapter and ch. 938 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and ch. 938 determines that reasonable cause exists for the services and that the minor is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 938 and, except as provided in s. 48.296 (4), consents.

AB130, s. 308 Section 308. 48.375 (4) (b) 1g. of the statutes is amended to read:

AB130,89,10 48.375 (4) (b) 1g. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, in which the minor swears that the pregnancy is the result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the minor did not indicate a freely given agreement to have sexual intercourse. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record and report the sexual intercourse as required under s. 48.981 (2) or (2m) (e). Any minor who makes a false statement under this subdivision, which the minor does not believe is true, is subject to a proceeding under s. 48.12 or 48.13 938.12 or 938.13 (12), whichever is applicable, based on a violation of s. 946.32 (2).

AB130, s. 309 Section 309. 48.38 (3) (intro.) and (b) of the statutes are consolidated, renumbered 48.38 (3) and amended to read:

AB130,89,19 48.38 (3) Time. The agency shall file the permanency plan with the court within 60 days after the date on which the child was first held in physical custody or placed outside of his or her home under a court order, except under either of the following conditions: (b) If that if the child is held for less than 60 days in a secure detention facility, juvenile portion of a county jail or a shelter care facility, no permanency plan is required if the child is returned to his or her home within that period.

AB130, s. 310 Section 310. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is repealed.

AB130, s. 311 Section 311. 48.39 of the statutes is repealed.

AB130, s. 312 Section 312. 48.396 (1) of the statutes is amended to read:

AB130,90,10 48.396 (1) Peace officers' records of children, other than children 17 years of age or over who come within the jurisdiction of the court under s. 938.12, 938.125 or 938.13, shall be kept separate from records of persons 18 or older over. Peace officers' records of children, other than children 17 years of age or over who come within the jurisdiction of the court under s. 938.12, 938.125 or 938.13, shall not be open to inspection or their contents disclosed except under sub. (1m) or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 16 15 or older over who are transferred to the criminal courts.

AB130, s. 313 Section 313. 48.396 (1m) of the statutes is repealed.

AB130, s. 314 Section 314. 48.396 (2) (a) of the statutes is amended to read:

AB130,90,18 48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 or 48.17 (2) shall be entered in books or deposited in files kept for that purpose only. They shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and ch. 938 or as permitted under this section or s. 48.375 (7) (e).

AB130, s. 315 Section 315. 48.396 (2) (c) of the statutes is repealed.

AB130, s. 316 Section 316. 48.396 (2) (d) of the statutes is repealed.

AB130, s. 317 Section 317. 48.396 (2) (e) of the statutes is repealed.

AB130, s. 318 Section 318. 48.396 (2m) of the statutes is repealed.

AB130, s. 319 Section 319. 48.396 (3) of the statutes is repealed.

AB130, s. 320 Section 320. 48.396 (4) of the statutes is repealed.

AB130, s. 321 Section 321. 48.396 (5) of the statutes is repealed.

AB130, s. 322 Section 322. 48.396 (6) of the statutes is repealed.

AB130, s. 323 Section 323. 48.396 (7) of the statutes is repealed.

AB130, s. 324 Section 324. 48.396 (8) of the statutes is repealed.

AB130, s. 325 Section 325. 48.415 (1) (a) 2. of the statutes is amended to read:

AB130,91,8 48.415 (1) (a) 2. The child has been placed, or continued in a placement, outside the parent's home by a court order containing the notice required by s. 48.356 (2) or 938.356 (2) and the parent has failed to visit or communicate with the child for a period of 6 months or longer; or

AB130, s. 326 Section 326. 48.415 (2) (a) of the statutes is amended to read:

AB130,91,14 48.415 (2) (a) That the child has been adjudged to be in need of protection or services and placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363 or, 48.365, 938.345, 938.357, 938.363 or 938.365 containing the notice required by s. 48.356 (2) or 938.356 (2).

AB130, s. 327 Section 327. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB130,91,17 CHAPTER 48

AB130,91,20 SUBCHAPTER IX JURISDICTION OVER PERSON 18 17 OR OLDER

AB130, s. 328 Section 328. 48.44 (1) of the statutes is renumbered 48.44 and amended to read:

AB130,92,2 48.44 (title) Jurisdiction over persons 18 17 or older. The court has jurisdiction over persons 18 or older as provided under ss. s. 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter. The court has jurisdiction over persons 17 or older as provided under s. 48.45 and as otherwise specifically provided in this chapter.