AB130: Bill Text Engrossed

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 (this act), is repealed and recreated to read: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.

AB130-engrossed, s. 345p Section 345p. 48.51 (1) (b) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is repealed.

AB130-engrossed, s. 345r Section 345r. 48.51 (1) (c) of the statutes is repealed.

AB130-engrossed, s. 345t Section 345t. 48.51 (2) of the statutes is repealed.

AB130-engrossed, s. 345v Section 345v. 48.51 (3) of the statutes is repealed.

AB130-engrossed, s. 346 Section 346. 48.52 (1) (c) of the statutes is amended to read:

AB130-engrossed,95,14 48.52 (1) (c) Group homes; and

AB130-engrossed, s. 347 Section 347. 48.52 (1) (d) of the statutes is repealed.

AB130-engrossed, s. 348 Section 348. 48.52 (2) (a) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,95,25 48.52 (2) (a) In addition to the facilities and services described in sub. (1), the department may use other facilities and services under its jurisdiction. The department may also contract for and pay for the use of other public facilities or private facilities for the care and treatment of children in its care; but placement of children in private or public facilities not under its jurisdiction does not terminate the legal custody or supervision under s. 48.34 (4m) or (4n) of the department. Placements in institutions for the mentally ill or developmentally disabled shall be made in accordance with ss. 48.14 (5) and 48.63 and ch. 51.

AB130-engrossed, s. 349 Section 349. 48.52 (2) (c) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,96,5 48.52 (2) (c) The department shall have the right to inspect all facilities it is using and to examine and consult with persons in its legal custody or under its supervision under s. 48.34 (4m) or (4n) who have been placed in that facility.

AB130-engrossed, s. 350 Section 350. 48.53 of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB130-engrossed, s. 351 Section 351. 48.532 of the statutes is repealed.

AB130-engrossed, s. 352 Section 352. 48.533 of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB130-engrossed, s. 353 Section 353. 48.534 of the statutes is repealed.

AB130-engrossed, s. 354 Section 354. 48.536 of the statutes is repealed.

AB130-engrossed, s. 355 Section 355. 48.537 of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB130-engrossed, s. 356 Section 356. 48.54 of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,96,22 48.54 Records. The department shall keep a complete record on each child in its legal custody or under its supervision under s. 48.34 (4m) or (4n). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child, and a complete history of all placements of the child while in the legal custody or under the supervision of the department.

AB130-engrossed, s. 357 Section 357. 48.547 (1) of the statutes is amended to read:

AB130-engrossed,97,11 48.547 (1) Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by children is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat children for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by children, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by children by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for children with needs and problems related to the use of alcohol beverages or controlled substances who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 938 in the pilot counties selected by the department.

AB130-engrossed, s. 358 Section 358. 48.547 (4) of the statutes is amended to read:

AB130-engrossed,97,20 48.547 (4) Assessment criteria. By September 1, 1988, the department shall develop uniform alcohol and other drug abuse assessment criteria to be used in the pilot program under ss. 48.245 (2) (a) 3., and 48.295 (1), 48.32 (1g), 48.343 (10) and 48.344 (2g). An approved treatment facility that assesses a person under ss. s. 48.245 (2) (a) 3., or 48.295 (1), 48.32 (1g), 48.343 (10) and 48.344 (2g) may not also provide the person with treatment unless the department permits the approved treatment facility to do both in accordance with the criteria established by rule by the department.

AB130-engrossed, s. 359 Section 359. 48.57 (1) (a) of the statutes is amended to read:

AB130-engrossed,98,5 48.57 (1) (a) To investigate the conditions surrounding delinquent children, nonmarital children and children in need of protection or services including developmentally disabled children within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any child who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.

AB130-engrossed, s. 360 Section 360. 48.57 (4) of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130-engrossed, s. 361 Section 361. 48.58 (1) (b) of the statutes is amended to read:

AB130-engrossed,98,11 48.58 (1) (b) Provide care for children in need of protection or services, and delinquent children juveniles referred by the county department, if the delinquent children juveniles are placed in separate facilities;

AB130-engrossed, s. 362 Section 362. 48.58 (1) (c) of the statutes is amended to read:

AB130-engrossed,98,15 48.58 (1) (c) Provide temporary shelter care for children in need of protection or services and delinquent children juveniles; provided that the delinquent children juveniles are placed in separate facilities.

AB130-engrossed, s. 363 Section 363. 48.58 (1) (d) of the statutes is amended to read:

AB130-engrossed,98,18 48.58 (1) (d) Provide temporary shelter care for children taken into custody under s. 48.19 or 938.19.

AB130-engrossed, s. 364 Section 364. 48.59 (1) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,99,7 48.59 (1) The county department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.34 (4n) 48.345 and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child. The county department shall screen a child who is examined under this subsection 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. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department.

AB130-engrossed, s. 365 Section 365. 48.595 of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130-engrossed, s. 366 Section 366. 48.63 (1) of the statutes is amended to read:

AB130-engrossed,99,25 48.63 (1) Acting pursuant to court order or voluntary agreement, the child's parent or guardian or the department, a county department or a child welfare agency licensed to place children in foster homes or treatment foster homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 6 months. A group home placement under a voluntary agreement may not exceed 15 days. These time limitations do not apply to placements made under ss. 48.34 and s. 48.345, 938.183, 938.34 or 938.345. Voluntary agreements may be made only under this subsection and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older.

AB130-engrossed, s. 367 Section 367. 48.66 (1) of the statutes is amended to read:

AB130-engrossed,100,16 48.66 (1) The department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 48.48 and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The department may license a child welfare agency to hold in secure custody children under 12 years of age who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4m) and placed in a secured child caring institution, and to provide supervision, care and maintenance for those children. The department may also license a child welfare agency to hold in secure custody children who have been adjudicated delinquent under s. 48.34 (4m) 938.34 (4m) and referred to the child welfare agency by the department under the intensive residential aftercare pilot program under 1993 Wisconsin Act 377, section 9126 (3x), and to provide supervision, care and maintenance for those children.

AB130-engrossed, s. 368 Section 368. 48.78 (2) (a) of the statutes is amended to read:

AB130-engrossed,100,21 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under sub. (3) or s. 48.371, 48.38 (5) (b) or (d), 48.432, 48.433, 48.93 or 48.981 (7) or by order of the court.

AB130-engrossed, s. 368g Section 368g. 48.78 (2) (ag) of the statutes is created to read:

AB130-engrossed,101,2 48.78 (2) (ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian or legal custodian of the child who is the subject of the record or upon the request of the child, if 14 years of age or over, to the parent, guardian, legal custodian or child.

AB130-engrossed, s. 368m Section 368m. 48.78 (2) (am) of the statutes is created to read:

AB130-engrossed,101,9 48.78 (2) (am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian or legal custodian of the child who is the subject of the record or upon the written permission of the child, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian or child specifically identifies the record in the written permission.

AB130-engrossed, s. 369 Section 369. 48.78 (2) (d) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB130-engrossed, s. 370g Section 370g. 48.78 (2) (e) of the statutes is repealed.

AB130-engrossed, s. 370m Section 370m. 48.78 (3) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,102,6 48.78 (3) If a child adjudged delinquent on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions or youthful offender supervision, the department of health and social services or the department of corrections may release the child's name and any information about the child that is necessary for the protection of the public or to secure the child's return to the facility or placement. The department of health and social services shall promulgate rules establishing guidelines for the release of the child's name or information about the child to the public, except that the department of corrections shall promulgate rules establishing guidelines for the release to the public of the name of a child, or information about a child, who is a participant in the youthful offender program.

AB130-engrossed, s. 370p Section 370p. 48.78 (3) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed.

AB130-engrossed, s. 371 Section 371. 48.95 of the statutes is amended to read:

AB130-engrossed,102,16 48.95 Withdrawal or denial of petition. Except as provided under s. 48.839 (3) (b), if the petition is withdrawn or denied, the circuit court shall order the case transferred to the court assigned to exercise jurisdiction under this chapter and ch. 938 for appropriate action, except that if parental rights have been terminated and the guardian of the minor is the department, a licensed child welfare agency or a county department under s. 48.57 (1) (e) or (hm), the minor shall remain in the legal custody of the guardian.

AB130-engrossed, s. 372 Section 372. 48.991 of the statutes is renumbered 938.991.

AB130-engrossed, s. 373 Section 373. 48.992 of the statutes is renumbered 938.992, and 938.992 (1) (a) and (b) and (3), as renumbered, are amended to read:

AB130-engrossed,102,25 938.992 (1) (a) The "appropriate court" of this state to issue a requisition under s. 48.991 938.991 (4) is the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the petitioner's residence, or, if the petitioner is a child welfare agency, the court so assigned for the county where the agency has its principal office, or, if the petitioner is the department, any court so assigned in the state.

AB130-engrossed,103,3 (b) The "appropriate court" of this state to receive a requisition under s. 48.991 938.991 (4) or (5) or 48.998 938.998 is the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county where the juvenile is located.

AB130-engrossed,103,7 (3) Notwithstanding s. 48.991 938.991 (3) (b), "delinquent juvenile" does not include a person subject to an order under s. 48.366 who is confined to a state prison under s. 302.01 or a person subject to an order under s. 938.34 (4g) who is 17 years of age or over.

AB130-engrossed, s. 374 Section 374. 48.993 of the statutes is renumbered 938.993, and 938.993 (2), as renumbered, is amended to read:

AB130-engrossed,103,17 938.993 (2) The compact administrator shall determine for this state whether to receive juvenile probationers and parolees of other states under s. 48.991 938.991 (7) and shall arrange for the supervision of each such probationer or parolee received, either by the department or by a person appointed to perform supervision service for the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county where the juvenile is to reside, whichever is more convenient. Those persons shall in all such cases make periodic reports to the compact administrator regarding the conduct and progress of the juveniles.

AB130-engrossed, s. 375 Section 375. 48.994 of the statutes is renumbered 938.994 and amended to read:

AB130-engrossed,104,2 938.994 Supplementary agreements. The department may enter into supplementary agreements with appropriate officials of other states under s. 48.991 938.991 (10). If the supplementary agreement requires or contemplates the use of any institution or facility of this state or the provision of any service by this state, the supplementary agreement has no effect until approved by the department or agency under whose jurisdiction the institution or facility is operated or which shall be charged with the rendering of the service.

AB130-engrossed, s. 376 Section 376. 48.995 of the statutes is renumbered 938.995 and amended to read:

AB130-engrossed,104,6 938.995 Financial arrangements. The expense of returning juveniles to this state pursuant to s. 48.991 938.991 shall be paid as follows:

AB130-engrossed,104,16 (1) In the case of a runaway under s. 48.991 938.991 (4), the court making the requisition shall inquire summarily regarding the financial ability of the petitioner to bear the expense and if it finds the petitioner is able to do so, shall order the petitioner to pay all the expenses of returning the juvenile; otherwise the court shall arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for that person's actual and necessary expenses; and the court may order that the petitioner reimburse the county for so much of the expense as the court finds the petitioner is able to pay. If the petitioner fails, without good cause, or refuses to pay that sum, the petitioner may be proceeded against for contempt.

AB130-engrossed,105,2 (2) In the case of an escapee or absconder under s. 48.991 938.991 (5) or (6), if the juvenile is in the legal custody of the department, it shall bear the expense of his or her return; otherwise the appropriate court shall, on petition of the person entitled to the juvenile's custody or charged with his or her supervision, arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection "appropriate court" means the court which adjudged the juvenile to be delinquent or, if the juvenile is under supervision for another state under s. 48.991 938.991 (7), then the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the juvenile's residence during the supervision.

AB130-engrossed,105,16 (3) In the case of a voluntary return of a runaway without requisition under s. 48.991 938.991 (6), the person entitled to the juvenile's legal custody shall pay the expense of transportation and the actual and necessary expenses of the person, if any, who returns the juvenile; but if the person is financially unable to pay all the expenses he or she may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the petitioner's residence for an order arranging for the transportation as provided in sub. (1). The court shall inquire summarily into the financial ability of the petitioner and, if it finds the petitioner is unable to bear any or all of the expense, the court shall arrange for the transportation at the expense of the county and shall order the county to reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. The court may order that the petitioner reimburse the county for so much of the expense as the court finds the petitioner is able to pay. If the petitioner fails, without good cause, or refuses to pay that sum, he or she may be proceeded against for contempt.

AB130-engrossed,105,23 (4) In the case of a juvenile subject to a petition under s. 48.998 938.998, the appropriate court shall arrange for the transportation at the expense of the county in which the violation of criminal law is alleged to have been committed and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection "appropriate court" means the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county in which the violation of criminal law is alleged to have been committed.

AB130-engrossed, s. 377 Section 377. 48.996 of the statutes is renumbered 938.996.

AB130-engrossed, s. 378 Section 378. 48.997 of the statutes is renumbered 938.997.

AB130-engrossed, s. 379 Section 379. 48.998 of the statutes is renumbered 938.998, and 938.998 (2), as renumbered, is amended to read:

AB130-engrossed,106,12 938.998 (2) All provisions and procedures of s. 48.991 938.991 (5) and (6) shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile, charged with being a delinquent by reason of violating any criminal law shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in s. 48.991 938.991 (5) shall be forwarded by the judge of the court in which the petition has been filed.