AB130-engrossed,74,64
48.34
(10) (a) The judge may order that a child
, on attaining 17
or more years
5of age
, be allowed to live independently, either alone or with friends, under such
6supervision as the judge deems appropriate.
AB130-engrossed, s. 263p
7Section 263p. 48.34 (10) (a) of the statutes, as affected by 1995 Wisconsin Act
8.... (this act), is renumbered 48.345 (10) (a).
AB130-engrossed, s. 273
21Section
273. 48.345 (1) (intro.) and (e) of the statutes are consolidated,
22renumbered 48.345 (intro.) and amended to read:
AB130-engrossed,75,5
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-engrossed, s. 273m
6Section 273m. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
7377, 385 and 491, is amended to read:
AB130-engrossed,75,98
48.345
(1) (a) Place the child in a secured correctional facility
or transfer the
9custody of the child to the department of corrections.
AB130-engrossed, s. 274
10Section
274. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
11377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed.
AB130-engrossed,75,2120
48.35
(1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction
21under this chapter
and ch. 938; or
AB130-engrossed,76,324
48.35
(1) (c) Disposition by the court assigned to exercise jurisdiction under this
25chapter of any allegation under s. 48.12 shall bar any future proceeding on the same
1matter in criminal court when the child reaches the age of
18 17. This paragraph
2does not affect proceedings in criminal court which have been transferred under s.
348.18.
AB130-engrossed, s. 284p
4Section 284p. 48.35 (1) (c) of the statutes, as affected by 1995 Wisconsin Act
5.... (this act), is repealed.
AB130-engrossed,76,198
48.355
(1) Intent. In any order under s.
48.34 or 48.345 the judge shall decide
9on a placement and treatment finding based on evidence submitted to the judge. The
10disposition shall employ those means necessary to maintain and protect the child's
11well-being which are the least restrictive of the rights of the parent or child and
12which assure the care, treatment or rehabilitation of the child and the family,
13consistent with the protection of the public. Wherever possible, and, in cases of child
14abuse and neglect, when it is consistent with the child's best interest in terms of
15physical safety and physical health the family unit shall be preserved and there shall
16be a policy of transferring custody from the parent only where there is no less drastic
17alternative.
If information under s. 48.331 has been provided in a court report under
18s. 48.33 (1), the court shall consider that information when deciding on a placement
19and treatment finding.
AB130-engrossed,76,2321
48.355
(2) (b) 5. For a child placed outside his or her home pursuant to an order
22under s.
48.34 (3) or 48.345, a permanency plan under s. 48.38 if one has been
23prepared.
AB130-engrossed, s. 288m
1Section 288m. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts
2377, 385 and 491, is amended to read:
AB130-engrossed,77,143
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
4this section shall terminate at the end of one year unless the judge specifies a shorter
5period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
6at the end of one year unless the judge specifies a shorter period of time. No extension
7under s. 48.365 of an original dispositional order may be granted for a child
whose
8legal custody has been transferred to the department of corrections under s. 48.34
9(4g) or who is under the supervision of the department of health and social services
10under s. 48.34 (4m) or (4n) or under the supervision of a county department under
11s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional
12order terminates. Any order made before the child reaches the age of majority shall
13be effective for a time up to one year after its entry unless the judge specifies a shorter
14period of time.
AB130-engrossed, s. 288p
15Section 288p. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts
16377, 385 and 491 and 1995 Wisconsin Act .... (this act), is renumbered 48.355 (4) and
17amended to read:
AB130-engrossed,78,318
48.355
(4) Except as provided under
par. (b) or s. 48.368, all orders under this
19section shall terminate at the end of one year unless the judge specifies a shorter
20period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
21at the end of one year unless the judge specifies a shorter period of time.
No extension
22under s. 48.365 of an original dispositional order may be granted for a child or who
23is under the supervision of the department of health and social services under s.
2448.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n)
25if the child is 18 years of age or older when the original dispositional order
1terminates. Any order made before the child reaches the age of majority shall be
2effective for a time up to one year after its entry unless the judge specifies a shorter
3period of time.
AB130-engrossed,78,136
48.355
(4) (b) An order under s. 48.34
(4g) or (4m) for which a child has been
7adjudicated delinquent is subject to par. (a), except that the judge may make an order
8under s. 48.34 (4m) apply for up to 2 years or until the child's 19th birthdate,
9whichever is earlier
, and the judge shall make an order under s. 48.34 (4g) apply for
105 years, if the child is adjudicated delinquent for committing an act that would be
11punishable as a Class B, C or D felony if committed by an adult, or until the child
12reaches 25 years of age, if the child is adjudicated delinquent for committing an act
13that would be punishable as a Class A felony if committed by an adult.
AB130-engrossed,78,2017
48.355
(4) (b) An order under s. 48.34 (4g) or (4m) for which a child has been
18adjudicated delinquent is subject to par. (a), except that the judge may make an order
19under s. 48.34 (4m) apply for up to 2 years or until the child's 18th birthdate,
20whichever is earlier.
AB130-engrossed,79,4
148.355
(7) Orders applicable to parents, guardians, legal custodians and
2other adults. In addition to any dispositional order entered under s.
48.34 or 48.345,
3the court may enter an order applicable to a child's parent, guardian or legal
4custodian or to another adult, as provided under s. 48.45.
AB130-engrossed,79,146
48.357
(2) If emergency conditions necessitate an immediate change in the
7placement of a child placed outside the home, the person or agency primarily
8responsible for implementing the dispositional order may remove the child to a new
9placement, whether or not authorized by the existing dispositional order, without the
10prior notice provided in sub. (1). The notice shall, however, be sent within 48 hours
11after the emergency change in placement. Any party receiving notice may demand
12a hearing under sub. (1). In emergency situations, the child may be placed in a
13licensed public or private shelter care facility as a transitional placement for not
14more than 20 days, as well as in any placement authorized under s.
48.34 48.345 (3).
AB130-engrossed,80,1023
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
24court otherwise designates an alternative placement for the child by a disposition
25made under s.
48.34 or 48.345 or by a change in placement under s. 48.357, the duty
1of the parent or guardian or, in the case of a transfer of guardianship and custody
2under s. 48.839 (4), the duty of the former guardian to provide support shall continue
3even though the legal custodian or the placement designee may provide the support.
4A copy of the order transferring custody or designating alternative placement for the
5child shall be submitted to the agency or person receiving custody or placement and
6the agency or person may apply to the court for an order to compel the parent or
7guardian to provide the support. Support payments for residential services, when
8purchased or otherwise funded or provided by the department, or a county
9department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under
10s. 46.10 (14).
AB130-engrossed,80,1312
48.361
(1) (b) Any special treatment or care that relates to alcohol or other drug
13abuse services ordered by a court under s.
48.34
48.345 (6) (a).
AB130-engrossed,80,1615
48.361
(1) (c) Any alcohol or other drug abuse treatment or education ordered
16by a court under s.
48.32 (1g), 48.34 48.345 (6) (a) or (13)
, 48.343 (10) or 48.344 (2g).
AB130-engrossed,80,2018
48.361
(2) (am) 2. If a court in a county that does not have a pilot program under
19s. 48.547 finds that payment is not attainable under par. (a), the court may order
20payment in accordance with s.
48.34 48.345 (6) (a) or 48.36.
AB130-engrossed,80,2422
48.362
(2) This section applies to the payment of court-ordered special
23treatment or care under s.
48.34 48.345 (6) (a), whether or not custody has been taken
24from the parent.
AB130-engrossed,81,73
48.365
(7) Nothing in this section may be construed to allow any changes in
4placement or revocation of aftercare
, or corrective sanctions
or youthful offender 5supervision. Revocation and other changes in placement may take place only under
6s. 48.357
or, for a child who is a participant in the youthful offender program, s.
748.537.
