AB130: Bill Text Engrossed

AB130-engrossed,56,23 48.255 (1) (e) If the child is alleged to come within the provisions of s. 48.13 (1) to (11) or 48.14, reliable and credible information which forms the basis of the allegations necessary to invoke the jurisdiction of the court and to provide reasonable notice of the conduct or circumstances to be considered by the court together with a statement that the child is in need of supervision, services, care or rehabilitation.

AB130-engrossed, s. 180 Section 180. 48.255 (3) of the statutes is amended to read:

AB130-engrossed,57,2 48.255 (3) If the information required under sub. (1) (d) or (e) is not stated the petition shall be dismissed or amended under s. 48.263 (2).

AB130-engrossed, s. 181 Section 181. 48.255 (4) of the statutes is amended to read:

AB130-engrossed,57,6 48.255 (4) A copy of the petition shall be given to the child if the child is 12 years of age or older or alleged to have committed a delinquent act and to the parents, guardian, legal custodian and physical custodian.

AB130-engrossed, s. 182 Section 182. 48.263 (2) of the statutes is amended to read:

AB130-engrossed,57,14 48.263 (2) With reasonable notification to the interested parties and prior to the taking of a plea under s. 48.30, the petition may be amended at the discretion of the court or person who filed the petition. After the taking of a plea, if the child is alleged to be delinquent, the court may allow amendment of the petition to conform to the proof if the amendment is not prejudicial to the child. If the child is alleged to be in need of protection or services, the petition may be amended provided any objecting party is allowed a continuance for a reasonable time.

AB130-engrossed, s. 183 Section 183. 48.27 (1) of the statutes is amended to read:

AB130-engrossed,57,20 48.27 (1) After a citation is issued or a petition has been filed relating to facts concerning a situation specified under ss. 48.12, 48.125 and 48.13, unless the parties under sub. (3) voluntarily appear, the court may issue a summons requiring the person who has legal custody of the child to appear personally, and, if the court so orders, to bring the child before the court at a time and place stated.

AB130-engrossed, s. 184 Section 184. 48.27 (4m) of the statutes is repealed.

AB130-engrossed, s. 185 Section 185. 48.27 (7) of the statutes is repealed.

AB130-engrossed, s. 186 Section 186. 48.27 (8) of the statutes is amended to read:

AB130-engrossed,58,2 48.27 (8) When a petition is filed under s. 48.12 or 48.13, the court shall notify, in writing, the child's parents or guardian that they may be ordered to reimburse this state or the county for the costs of legal counsel provided for the child, as provided under s. 48.275 (2).

AB130-engrossed, s. 187 Section 187. 48.273 (1) of the statutes is amended to read:

AB130-engrossed,58,20 48.273 (1) Service of summons or notice required by s. 48.27 may be made by mailing a copy thereof to the persons summoned or notified. If the persons, other than a person specified in s. 48.27 (4m), fail to appear at the hearing or otherwise to acknowledge service, a continuance shall be granted, except where the court determines otherwise because the child is in secure custody, and service shall be made personally by delivering to the persons a copy of the summons or notice; except that if the court is satisfied that it is impracticable to serve the summons or notice personally, it may make an order providing for the service of the summons or notice by certified mail addressed to the last-known addresses of the persons. The court may refuse to grant a continuance when the child is being held in secure custody, but in such a case the court shall order that service of notice of the next hearing be made personally or by certified mail to the last-known address of the person who failed to appear at the hearing. Personal service shall be made at least 72 hours before the time of the hearing. Mail shall be sent at least 7 days before the time of the hearing, except where the petition is filed under s. 48.13 and the person to be notified lives outside the state, in which case the mail shall be sent at least 14 days before the time of the hearing.

AB130-engrossed, s. 188 Section 188. 48.273 (3) of the statutes is amended to read:

AB130-engrossed,59,2 48.273 (3) The expenses of service of summons or notice or of the publication of summons or notice and the traveling expenses and fees as allowed in ch. 885 incurred by any person summoned or required to appear at the hearing of any case coming within the jurisdiction of the court under ss. 48.12 48.13 to 48.14, shall be a charge on the county when approved by the court.

AB130-engrossed, s. 189 Section 189. 48.275 (1) of the statutes is amended to read:

AB130-engrossed,59,8 48.275 (1) If the court finds a child to be delinquent under s. 48.12, in violation of a civil law or ordinance under s. 48.125 or in need of protection or services under s. 48.13, the court shall order the parents of the child to contribute toward the expense of post-adjudication services to the child the proportion of the total amount which the court finds the parents are able to pay.

AB130-engrossed, s. 190m Section 190m. 48.275 (2) (a) of the statutes is amended to read:

AB130-engrossed,59,19 48.275 (2) (a) If this state or a county provides legal counsel to a child subject to a proceeding under s. 48.12 or 48.13, the court shall order the child's parent to provide a statement of income, assets and living expenses to the county department and shall order that parent to reimburse the state or county in accordance with par. (b) or (c). The court may not order reimbursement if a parent is the complaining or petitioning party or if the court finds that the interests of the parent and the interests of the child in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent. The court may not order reimbursement until the completion of the proceeding or until the state or county is no longer providing the child with legal counsel in the proceeding.

AB130-engrossed, s. 190p Section 190p. 48.275 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,60,5 48.275 (2) (a) If this state or a county provides legal counsel to a child subject to a proceeding under s. 48.13, the court shall order the child's parent to reimburse the state or county in accordance with par. (b) or (c). The court may not order reimbursement if a parent is the complaining or petitioning party or if the court finds that the interests of the parent and the interests of the child in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent. The court may not order reimbursement until the completion of the proceeding or until the state or county is no longer providing the child with legal counsel in the proceeding.

AB130-engrossed, s. 190r Section 190r. 48.275 (2) (b) of the statutes is amended to read:

AB130-engrossed,60,15 48.275 (2) (b) If this state provides the child with legal counsel and the court orders reimbursement under par. (a), the county department shall child's parent may request the state public defender to determine whether the parent is indigent as provided under s. 977.07 and shall determine the amount of reimbursement. If the parent is found not to be indigent, the amount of reimbursement shall be the maximum amount established by the public defender board. If the parent is found to be indigent in part, the amount of reimbursement shall be the amount of partial payment determined in accordance with the rules of the public defender board under s. 977.02 (3).

AB130-engrossed, s. 191 Section 191. 48.275 (3) of the statutes is repealed and recreated to read:

AB130-engrossed,60,17 48.275 (3) This section does not apply to any proceedings under s. 48.375 (7).

AB130-engrossed, s. 192 Section 192. 48.29 (1) of the statutes is amended to read:

AB130-engrossed,61,4 48.29 (1) Except as provided in sub. (1g), the The child, or the child's parent, guardian or legal custodian, either before or during the plea hearing, may file a written request with the clerk of the court or other person acting as the clerk for a substitution of the judge assigned to the proceeding. Upon filing the written request, the filing party shall immediately mail or deliver a copy of the request to the judge named therein. In a proceeding under s. 48.12 or 48.13 (12), only the child may request a substitution of the judge. Whenever any person has the right to request a substitution of judge, that person's counsel or guardian ad litem may file the request. Not more than one such written request may be filed in any one proceeding, nor may any single request name more than one judge. This section shall not apply to proceedings under s. 48.21.

AB130-engrossed, s. 193 Section 193. 48.29 (1g) of the statutes is repealed.

AB130-engrossed, s. 194 Section 194. 48.29 (1m) of the statutes is amended to read:

AB130-engrossed,61,15 48.29 (1m) When the clerk receives a request for substitution, the clerk shall immediately contact the judge whose substitution has been requested for a determination of whether the request was made timely and in proper form. Except as provided in sub. (2), if If the request is found to be timely and in proper form, the judge named in the request has no further jurisdiction and the clerk shall request the assignment of another judge under s. 751.03. If no determination is made within 7 days, the clerk shall refer the matter to the chief judge of the judicial administrative district for determination of whether the request was made timely and in proper form and reassignment as necessary.

AB130-engrossed, s. 195 Section 195. 48.29 (2) of the statutes is repealed.

AB130-engrossed, s. 196 Section 196. 48.29 (3) of the statutes is amended to read:

AB130-engrossed,61,21 48.29 (3) Subsections (1) to (2) (1m) do not apply in any proceeding under s. 48.375 (7). For proceedings under s. 48.375 (7), the minor may select the judge whom she wishes to be assigned to the proceeding and that judge shall be assigned to the proceeding.

AB130-engrossed, s. 197 Section 197. 48.293 (1) of the statutes is amended to read:

AB130-engrossed,62,4 48.293 (1) Copies of all peace law enforcement officer reports, including but not limited to the officer's memorandum and witnesses' statements, shall be made available upon request to counsel or guardian ad litem prior to a plea hearing. The reports shall be available through the representative of the public designated under s. 48.09. The child, through counsel or guardian ad litem, is the only party who shall have access to the reports in proceedings under ss. 48.12, 48.125 and 48.13 (12). The identity of a confidential informant may be withheld pursuant to s. 905.10.

AB130-engrossed, s. 198 Section 198. 48.293 (2) of the statutes is amended to read:

AB130-engrossed,62,16 48.293 (2) All records relating to a child which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with permission of the court. The court may instruct counsel not to disclose specified items in the materials to the child or the parent if the court reasonably believes that the disclosure would be harmful to the interests of the child. Sections 971.23 to 971.25 and 972.11 (5) shall be applicable in all delinquency proceedings under this chapter except the court shall establish the timetable for ss. 971.23 (3), (8) and (9) and 972.11 (5).

AB130-engrossed, s. 199 Section 199. 48.295 (1c) (intro.) and (a) of the statutes are consolidated, renumbered 48.295 (1c) and amended to read:

AB130-engrossed,62,23 48.295 (1c) Reasonable cause is considered to exist to warrant an alcohol and other drug abuse assessment under sub. (1) if any of the following applies: (a) The the multidisciplinary screen procedure conducted under s. 48.24 (2) indicates that the child is at risk of having needs and problems related to alcohol or other drug abuse.

AB130-engrossed, s. 200 Section 200. 48.295 (1c) (b) of the statutes is repealed.

AB130-engrossed, s. 201 Section 201. 48.295 (1c) (c) of the statutes is repealed.

AB130-engrossed, s. 202 Section 202. 48.295 (2) (a) of the statutes is repealed.

AB130-engrossed, s. 203 Section 203. 48.295 (2) (b) of the statutes is renumbered 48.295 (2) and amended to read:

AB130-engrossed,63,22 48.295 (2) The examiner shall file a report of the examination with the court by the date specified in the order. The court shall cause copies to be transmitted to the district attorney or corporation counsel and to the child's counsel. The report shall describe the nature of the examination and identify the persons interviewed, the particular records reviewed and any tests administered to the child. If the examination is ordered following a plea under s. 48.30 (4) (c), the report shall also contain an opinion regarding whether the child suffered from mental disease or defect at the time of the commission of the act alleged in the petition and, if so, whether this caused the child to lack substantial capacity to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law. If the examination is ordered following a finding that there is probable cause to believe that the child has committed the alleged offense and that there is reason to doubt the child's competency to proceed, the report shall also contain an opinion regarding the child's present mental capacity to understand the proceedings and assist in his or her defense and, if the examiner reports that the child lacks competency to proceed, the examiner's opinion regarding the likelihood that the child, if provided treatment, may be restored to competency within the time specified in s. 48.30 (5) (e) 1. The report shall also state in reasonable detail the facts and reasoning upon which the examiner's opinions are based.

AB130-engrossed, s. 204 Section 204. 48.296 of the statutes is repealed

AB130-engrossed, s. 205 Section 205. 48.297 (2) of the statutes is amended to read:

AB130-engrossed,64,6 48.297 (2) Defenses and objections based on defects in the institution of proceedings, lack of probable cause on the face of the petition, insufficiency of the petition or a citation or invalidity in whole or in part of the statute on which the petition or a citation is founded shall be raised not later than 10 days after the plea hearing or be deemed waived. Other motions capable of determination without trial may be brought any time before trial.

AB130-engrossed, s. 206 Section 206. 48.297 (3) of the statutes is amended to read:

AB130-engrossed,64,13 48.297 (3) Motions to suppress evidence as having been illegally seized or statements illegally obtained shall be made before fact-finding on the issues. The court may entertain the motion at the fact-finding hearing if it appears that a party is surprised by the attempt to introduce such evidence and that party waives jeopardy. Only the child may waive jeopardy in cases under s. 48.12, 48.125 or 48.13 (12).

AB130-engrossed, s. 207 Section 207. 48.297 (5) of the statutes is amended to read:

AB130-engrossed,64,18 48.297 (5) If the child is in custody and the court grants a motion to dismiss based upon a defect in the petition or a citation or in the institution of the proceedings, the court may order the child continued in custody for not more than 48 hours pending the filing of a new petition or citation.

AB130-engrossed, s. 208 Section 208. 48.299 (1) (a) of the statutes is amended to read:

AB130-engrossed,65,6 48.299 (1) (a) The general public shall be excluded from hearings under this chapter and from hearings by courts exercising jurisdiction under s. 48.16 or 48.17 (2) unless a public fact-finding hearing is demanded by a child through his or her counsel. However, the court shall refuse to grant the public hearing if the victim of an alleged sexual assault objects or, in a nondelinquency proceeding other than a proceeding under s. 48.375 (7), if a parent or guardian objects. All hearings under s. 48.375 (7) shall be held in chambers, unless a public fact-finding hearing is demanded by the child through her counsel. If a public hearing is not held, only the parties, their counsel, witnesses and other persons requested by a party and approved by the court may be present. Except in a proceeding under s. 48.375 (7), any other person the court finds to have a proper interest in the case or in the work of the court, including a member of the bar, may be admitted by the court.

AB130-engrossed, s. 209 Section 209. 48.299 (1) (am) of the statutes is repealed.

AB130-engrossed, s. 210 Section 210. 48.299 (4) (a) of the statutes is amended to read:

AB130-engrossed,65,11 48.299 (4) (a) Chapters 901 to 911 shall govern the presentation of evidence at the fact-finding hearings under ss. 48.31 and 48.42. Section 972.11 (5) applies at fact-finding proceedings in all delinquency proceedings under this chapter.

AB130-engrossed, s. 211 Section 211. 48.299 (4) (b) of the statutes is amended to read:

AB130-engrossed,66,2 48.299 (4) (b) Except as provided in s. 901.05, neither common law nor statutory rules of evidence are binding at a waiver hearing under s. 48.18, a hearing for a child held in custody under s. 48.21, a runaway home hearing under s. 48.227 (4), a hearing under s. 48.296 (4) for a child who is alleged to have violated s. 940.225, 948.02, 948.025, 948.05 or 948.06, a dispositional hearing, or a hearing about changes in placement, revision of dispositional orders or extension of dispositional orders. At those hearings, the court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The court shall give effect to the rules of privilege recognized by law. The court shall apply the basic principles of relevancy, materiality and probative value to proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

AB130-engrossed, s. 212 Section 212. 48.30 (1) of the statutes is amended to read:

AB130-engrossed,66,14 48.30 (1) Except as provided in this subsection, the hearing to determine the child's plea to a citation or a petition under s. 48.12, 48.125 or 48.13 (12), or to determine whether any party wishes to contest an allegation that the child is in need of protection or services, shall take place on a date which allows reasonable time for the parties to prepare but is within 30 days after the filing of a petition or issuance of a citation for a child who is not being held in secure custody or within 10 days after the filing of a petition or issuance of a citation for a child who is being held in secure custody. In a municipal court operated jointly by 2 or more cities, towns or villages under s. 755.01 (4), the hearing to determine the child's plea shall take place within 45 days after the filing of a petition or issuance of a citation for a child who is not being held in secure custody.

AB130-engrossed, s. 213 Section 213. 48.30 (2) of the statutes is amended to read:

AB130-engrossed,66,25 48.30 (2) At the commencement of the hearing under this section the child and the parent, guardian or legal custodian shall be advised of their rights as specified in s. 48.243 and shall be informed that a request for a jury trial or for a substitution of judge under s. 48.29 must be made before the end of the plea hearing or be waived, except where the child is before the court on a uniform municipal citation, issued under ch. 800 in which case the court shall inform the child that a request for a jury trial may be made at any time prior to the fact-finding hearing and within 20 days after the plea hearing. Nonpetitioning parties, including the child, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a jury trial or substitution of a judge.

AB130-engrossed, s. 214 Section 214. 48.30 (3) of the statutes is amended to read:

AB130-engrossed,67,5 48.30 (3) If a petition alleges that a child is in need of protection or services under s. 48.13 (1) to (11), the nonpetitioning parties and the child, if he or she is 12 years of age or older or is otherwise competent to do so, shall state whether they desire to contest the petition.

AB130-engrossed, s. 215 Section 215. 48.30 (4) of the statutes is repealed.

AB130-engrossed, s. 216 Section 216. 48.30 (5) of the statutes is repealed.

AB130-engrossed, s. 217 Section 217. 48.30 (6) of the statutes is amended to read:

AB130-engrossed,67,23 48.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for the child who is held in secure custody and no more than 30 days from the plea hearing for a child who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department under s. 46.25 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing. If a citation is not contested, the court may proceed immediately to enter a dispositional order.

AB130-engrossed, s. 218 Section 218. 48.30 (7) of the statutes is amended to read:

AB130-engrossed,68,5 48.30 (7) If the citation or the petition is contested, the court shall set a date for the fact-finding hearing which allows reasonable time for the parties to prepare but is no more than 20 days from the plea hearing for a child who is held in secure custody and no more than 30 days from the plea hearing for a child who is not held in secure custody.

AB130-engrossed, s. 219 Section 219. 48.30 (8) of the statutes is amended to read:

AB130-engrossed,68,9 48.30 (8) Except when a child fails to appear in response or stipulates to a citation before Before accepting an admission or plea of no contest of the alleged facts in a petition or citation, the court shall:

AB130-engrossed,68,12 (a) Address the parties present including the child personally and determine that the plea or admission is made voluntarily with understanding of the nature of the acts alleged in the petition or citation and the potential dispositions.

AB130-engrossed,68,16 (b) Establish whether any promises or threats were made to elicit a plea the plea or admission and alert unrepresented parties to the possibility that a lawyer may discover defenses or mitigating circumstances which would not be apparent to them.

AB130-engrossed,68,18 (c) Make such inquiries as satisfactorily establishes that there is a factual basis for the child's plea or parent parent's and child's plea or admission.

AB130-engrossed, s. 220 Section 220. 48.30 (9) of the statutes is amended to read:

AB130-engrossed,68,23 48.30 (9) If a court commissioner conducts the plea hearing and accepts an admission of the alleged facts in a petition brought under s. 48.12 or 48.13, the judge shall review the admission at the beginning of the dispositional hearing by addressing the parties and making the inquires set forth in sub. (8).

AB130-engrossed, s. 221 Section 221. 48.30 (10) of the statutes is amended to read:

AB130-engrossed,69,3 48.30 (10) The court may permit any party to participate in hearings under this section by telephone or live audio-visual means except a child who intends to admit the facts of a delinquency petition.

AB130-engrossed, s. 222 Section 222. 48.31 (1) of the statutes is amended to read:

AB130-engrossed,69,9 48.31 (1) In this section, "fact-finding hearing" means a hearing to determine if the allegations of a petition under s. 48.12 or 48.13 (12) are supported beyond a reasonable doubt or a hearing to determine if the allegations in a petition or citation under s. 48.125 or 48.13 (1) to (11) or a petition to terminate parental rights are proved by clear and convincing evidence.

AB130-engrossed, s. 223 Section 223. 48.31 (2) of the statutes is amended to read:

AB130-engrossed,69,22 48.31 (2) The hearing shall be to the court unless the child, parent, guardian or legal custodian exercises the right to a jury trial by demanding a jury trial at any time before or during the plea hearing. Chapters 756 and 805 shall govern the selection of jurors except that ss. 972.03 and 972.04 shall apply in cases in which the juvenile is alleged to be delinquent under s. 48.12. If the hearing involves a child victim or witness, as defined in s. 950.02, the court may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or jury shall make a determination of the facts. If the court finds that the child is not within the jurisdiction of the court or the court or jury finds that the facts alleged in the petition or citation have not been proved, the court shall dismiss the petition or citation with prejudice.

AB130-engrossed, s. 224 Section 224. 48.31 (4) of the statutes is amended to read:

AB130-engrossed,70,17 48.31 (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13 (1) to (11m). In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court shall not find that the child is suffering serious emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection and services under s. 48.13 (11m), the court shall not find that the child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages or controlled substances and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility. In cases alleging a child delinquent or in need of protection or services under s. 48.13 (12) the court shall make findings relating to the proof of the violation of law and to the proof that the child named in the petition committed the violation alleged.

AB130-engrossed, s. 225 Section 225. 48.32 (1) of the statutes is amended to read:

AB130-engrossed,71,5 48.32 (1) At any time after the filing of a petition for a proceeding relating to s. 48.12 or 48.13 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the child under supervision in the child's own home or present placement. The court may establish terms and conditions applicable to the parent, guardian or legal custodian, and to the child, including any conditions specified in subs. (1d), (1g) and (1t). The order under this section shall be known as a consent decree and must be agreed to by the child if 12 years of age or older; the parent, guardian or legal custodian; and the person filing the petition under s. 48.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 48.361. The consent decree shall be reduced to writing and given to the parties.