AB130: Bill Text Engrossed

AB130-engrossed,83,10 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-engrossed, s. 309 Section 309. 48.38 (3) (intro.) and (b) of the statutes are consolidated, renumbered 48.38 (3) and amended to read:

AB130-engrossed,83,19 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-engrossed, s. 309m Section 309m. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130-engrossed,84,6 48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the child be placed in a secured correctional facility or the department of corrections intends to recommend that custody of the child be transferred to the department of corrections for participation in the youthful offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency or the department of corrections. If the court places the child in any facility outside of the child's home other than a secured correctional facility, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

AB130-engrossed, s. 310 Section 310. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed.

AB130-engrossed, s. 311m Section 311m. 48.39 of the statutes is amended to read:

AB130-engrossed,84,14 48.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law coming within its jurisdiction under s. 48.12 bars any future criminal proceeding on the same matter in circuit court when the child reaches the age of 18 17. This section does not affect criminal proceedings in circuit court which were transferred under s. 48.18.

AB130-engrossed, s. 311p Section 311p. 48.39 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

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

AB130-engrossed,85,2 48.396 (1) Peace officers' records of children shall be kept separate from records of persons 18 or older adults. Peace officers' records of children 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 or older who are transferred to the criminal courts.

AB130-engrossed, s. 312h Section 312h. 48.396 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,85,16 48.396 (1) Law enforcement officers' records of children, other than children 17 years of age or over who come within the jurisdiction of the court under s. 938.125 or 938.13, shall be kept separate from records of adults. Law enforcement officers' records of children, other than children 17 years of age or over who come within the jurisdiction of the court under s. 938.125 or 938.13, shall not be open to inspection or their contents disclosed except under sub. (1g) or (1m) 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 10 or over who are subject to the jurisdiction of the court of criminal jurisdiction.

AB130-engrossed, s. 312m Section 312m. 48.396 (1g) of the statutes is created to read:

AB130-engrossed,85,21 48.396 (1g) If requested by the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report, or if requested by the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian or child a copy of that report.

AB130-engrossed, s. 313m Section 313m. 48.396 (1m) of the statutes is repealed and recreated to read:

AB130-engrossed,86,3 48.396 (1m) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report or upon the written permission of the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian or child in the written permission.

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

AB130-engrossed,86,10 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-engrossed, s. 314g Section 314g. 48.396 (2) (ag) of the statutes is created to read:

AB130-engrossed,86,15 48.396 (2) (ag) Upon request of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), or upon request of the child, if 14 years of age or over, the court shall open for inspection by the parent, guardian, legal custodian or child the records of the court relating to that child.

AB130-engrossed, s. 314m Section 314m. 48.396 (2) (am) of the statutes is created to read:

AB130-engrossed,86,21 48.396 (2) (am) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian or child in the written permission.

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

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

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

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

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

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

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

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

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

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

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

AB130-engrossed,87,11 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-engrossed, s. 326 Section 326. 48.415 (2) (a) of the statutes is amended to read:

AB130-engrossed,87,17 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-engrossed, s. 327 Section 327. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB130-engrossed,87,20 CHAPTER 48

AB130-engrossed,87,23 SUBCHAPTER IX JURISDICTION OVER PERSON 18 17 OR OLDER

AB130-engrossed, s. 328m Section 328m. 48.44 (title) and (1) of the statutes are amended to read:

AB130-engrossed,88,3 48.44 (title) Jurisdiction over persons 18 17 or older. (1) The court has jurisdiction over persons 18 17 or older as provided under ss. 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.

AB130-engrossed, s. 328p Section 328p. 48.45 (1) (a) of the statutes is amended to read:

AB130-engrossed,88,11 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.12 or 48.13 it appears that any person 18 17 or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.

AB130-engrossed, s. 328r Section 328r. 48.45 (1) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,88,20 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.

AB130-engrossed, s. 328t Section 328t. 48.45 (1) (b) of the statutes is amended to read:

AB130-engrossed,89,2 48.45 (1) (b) An act or failure to act contributes to a condition of a child as described in s. 48.12 or 48.13, although the child is not actually adjudicated to come within the provisions of s. 48.12 or 48.13, if the natural and probable consequences of that act or failure to act would be to cause the child to come within the provisions of s. 48.12 or 48.13.

AB130-engrossed, s. 331 Section 331. 48.45 (1m) (a) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,89,12 48.45 (1m) (a) In a proceeding in which a child has been adjudicated delinquent or has been found to be in need of protection or services under s. 48.13, the judge may order the child's parent, guardian or legal custodian to comply with any conditions determined by the judge to be necessary for the child's welfare. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or parent training and education and to make a reasonable contribution, based on ability to pay, toward the cost of those services.

AB130-engrossed, s. 332 Section 332. 48.45 (3) of the statutes is amended to read:

AB130-engrossed,89,18 48.45 (3) If it appears at a court hearing that any person 18 17 or older has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

AB130-engrossed, s. 333 Section 333. 48.48 (1) of the statutes is amended to read:

AB130-engrossed,90,2 48.48 (1) To promote the enforcement of the laws relating to delinquent children, nonmarital children and children in need of protection or services including developmentally disabled children and to take the initiative in all matters involving the interests of such children where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments, licensed child welfare agencies and with parents and other individuals interested in the welfare of children.

AB130-engrossed, s. 334 Section 334. 48.48 (3) of the statutes is amended to read:

AB130-engrossed,90,8 48.48 (3) To accept legal custody of children transferred to it by the court under s. 48.355 and guardianship of children when appointed by the court, and to provide special treatment and care when directed by the court. A court may not direct the department to administer psychotropic medications to children who receive special treatment or care under this subsection.

AB130-engrossed, s. 335 Section 335. 48.48 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,90,22 48.48 (4) To provide appropriate care and training for children in its legal custody or under its supervision under s. 48.34 (4m) or (4n); including serving those children in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions in accordance with rules promulgated under ch. 227, except that the department shall not purchase the educational component of private day treatment programs for children in its custody unless the department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB130-engrossed, s. 335m Section 335m. 48.48 (4m) (a) of the statutes is amended to read:

AB130-engrossed,90,24 48.48 (4m) (a) Is at least 18 17 years of age;

AB130-engrossed, s. 336m Section 336m. 48.48 (4m) (b) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,91,4 48.48 (4m) (b) Was in the legal custody of the department or under its supervision under s. 48.34 (4m) or (4n) when the person reached 18 17 years of age;

AB130-engrossed, s. 336p Section 336p. 48.48 (4m) (b) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,91,8 48.48 (4m) (b) Was in the legal custody of the department when the person reached 17 years of age;

AB130-engrossed, s. 337 Section 337. 48.48 (5) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,91,13 48.48 (5) To provide for the moral and religious training of a child in its legal custody or under its supervision under s. 48.34 (4m) or (4n) according to the religious belief of the child or of the child's parents.

AB130-engrossed, s. 338 Section 338. 48.48 (6) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,91,21 48.48 (6) To consent to emergency surgery under the direction of a licensed physician or surgeon for any child in its legal custody or under its supervision under s. 48.34 (4m) or (4n) upon notification by a licensed physician or surgeon of the need for such surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the child's parent or guardian.

AB130-engrossed, s. 339 Section 339. 48.48 (13) of the statutes is repealed.

AB130-engrossed, s. 340m Section 340m. 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,92,7 48.48 (14) To pay maintenance, tuition and related expenses from the appropriations under s. 20.435 (3) (ho) and (7) (dd) for persons who when they reached 18 17 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were in the legal custody of the department or under its supervision under s. 48.34 (4m) or (4n) as a result of a judicial decision.

AB130-engrossed, s. 340p Section 340p . 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,92,15 48.48 (14) To pay maintenance, tuition and related expenses from the appropriations under s. 20.435 (3) (ho) and (7) (dd) for persons who when they reached 17 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were in the legal custody of the department as a result of a judicial decision.

AB130-engrossed, s. 341 Section 341. 48.48 (16) of the statutes is amended to read:

AB130-engrossed,92,19 48.48 (16) To establish and enforce standards for services provided under ss. 48.34 and s. 48.345 (1) (a) and (e). This authority does not apply to services provided by the department of corrections under s. 48.366 (8).

AB130-engrossed, s. 341m Section 341m. 48.49 of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB130-engrossed,93,8 48.49 (title) Notification by court of transfer to department of corrections or of placement with department of health and social services; information for those departments department. (1) When the court places a child in a secured correctional facility under the supervision of the department of health and social services or transfers legal custody of a child to the department of corrections, the court shall immediately notify the department to which the child's legal custody is transferred or under whose supervision the child is placed of that action. The court shall, in accordance with procedures established by the department to which the child's legal custody is transferred or under whose supervision the child is placed, provide transportation for the child to a receiving center designated by that department or deliver the child to personnel of that department.

AB130-engrossed,93,16 (2) When the court places a child in a secured correctional facility under the supervision of the department of health and social services or transfers legal custody of a child to the department of corrections, the court and all other public agencies shall also immediately transfer to the department to which the child's legal custody is transferred or under whose supervision the child is placed a copy of the report submitted to the court under s. 48.33 and all other pertinent data in their possession and shall immediately notify the child's last school district in writing of its obligation under s. 118.125 (4).

AB130-engrossed, s. 342 Section 342. 48.49 of the statutes, as affected by 1993 Wisconsin Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed.

AB130-engrossed, s. 343 Section 343. 48.50 (1) of the statutes, as affected by 1993 Wisconsin Acts 385 and 491, is amended to read:

AB130-engrossed,94,7 48.50 (1) The department shall examine every child who is placed under its supervision under s. 48.34 (4m) or (4n) or whose legal custody is transferred to it by the court to determine the type of placement best suited to the child and, in the case of a child who has violated a state law, to the protection of the public. This examination shall include an investigation of the personal and family history of the child and his or her environment, and include any physical or mental examinations considered necessary to determine the type of placement that is necessary for the child and the evaluation under s. 48.533 (1) or (2) to determine whether the child is eligible for corrective sanctions supervision. A child who is examined under this subsection shall be screened to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance.

AB130-engrossed, s. 343m Section 343m. 48.505 of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,94,19 48.505 (title) Children placed in a secured correctional facility or on aftercare. The When a child is under the supervision of the department under s. 48.34 (4m) or (4n), 48.357 (4) or (5) (e) or 48.366 or under the supervision of a county department under s. 48.34 (4n), the department or county department having supervision over the child shall have the right and duty to protect, train, discipline, treat and confine a child who is placed in a secured correctional facility under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, the child and to provide food, shelter, legal services, education and ordinary medical and dental care for the child, subject to the rights, duties and responsibilities of the guardian of the child and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB130-engrossed, s. 344 Section 344. 48.505 of the statutes, as created by 1993 Wisconsin Act 385 and as affected by 1995 Wisconsin Act .... (this act), is repealed.

AB130-engrossed, s. 344m Section 344m. 48.51 (title) of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

AB130-engrossed, s. 345d Section 345d. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB130-engrossed,95,4 48.51 (1) (intro.) At least 15 days prior to the date of release of a child from a secured correctional facility or a placement in the community under the corrective sanctions program or the youthful offender program, the department of health and social services or the department of corrections shall:

AB130-engrossed, s. 345g Section 345g. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed.

AB130-engrossed, s. 345m Section 345m. 48.51 (1) (a) of the statutes is repealed.