AB130-engrossed,33,2423
46.28
(1) (am) 1. A child adjudged delinquent for whom a case disposition is
24made under s.
48.34 938.34.
AB130-engrossed,34,2
146.28
(1) (am) 2. A child found in need of protection or services for whom an
2order is made under s. 48.345
or 938.345.
AB130-engrossed,34,54
46.56
(3) (a) 5. The juvenile court administrator or another representative
5appointed by the judge responsible for cases heard under
ch. chs. 48
and 938.
AB130-engrossed,34,127
46.56
(8) (a) Referrals to the program may come from any county departments,
8agencies, school districts, cooperative educational service agencies, county
9handicapped children's education boards, technical college districts, courts assigned
10to exercise jurisdiction under
ch. chs. 48
and 938 or any other organization or the
11child with severe disabilities or his or her family may contact the administering
12agency or service coordination agency to request services.
AB130-engrossed,34,2114
46.56
(8) (g) The service coordinator shall assemble the results of all prior
15relevant assessments and evaluations documenting the service needs of the child
16with severe disabilities and the child's family, including multidisciplinary team
17evaluations under s. 115.80 (3) or independent educational evaluations,
18court-ordered evaluations under s. 48.295
or 938.295, family support program
19evaluations, community integration program or community options program
20assessments, and any other available medical, psychiatric, psychological, vocational
21or developmental evaluations.
AB130-engrossed,35,223
46.56
(8) (h) 5. Identification of any administrative or judicial procedures
24under ch. 48, 51, 55, 115
or, 118
or 938 that may be necessary in order to fully
25implement the integrated service plan and the identity of the individual or
1organization that will be responsible for initiating those procedures, if any are
2required.
AB130-engrossed,35,74
46.56
(8) (j) The proposed integrated service plan shall be submitted to any
5service providers who would be included in the integrated service plan and the court
6assigned to exercise jurisdiction under
ch. chs. 48
and 938 if participation in the
7program has been court ordered under s.
48.34 48.345 (6m) or 938.34 (6m).
AB130-engrossed,35,149
46.56
(8) (k) Upon written approval of the integrated service plan by the
10proposed service providers and the child's family, unless the child's involvement in
11the program is through court order under s. 48.355
or 938.355, in which case
12approval of the court may be substituted for that of the family, the integrated service
13plan shall be implemented by the service coordination agency and the service
14providers designated to provide services under the integrated service plan.
AB130-engrossed,36,316
46.56
(14) (a) (intro.) In order to support the development of a comprehensive
17system of coordinated care for children with severe disabilities and their families, the
18department shall establish a statewide advisory committee with representatives of
19county departments, the department of public instruction, educational agencies,
20professionals experienced in the provision of services to children with severe
21disabilities, families with children with severe disabilities, advocates for such
22families and their children, the subunit of the department that administers
23vocational rehabilitation, the technical college system, health care providers, courts
24assigned to exercise jurisdiction under
ch. chs. 48
and 938, child welfare officials, and
25other appropriate persons as selected by the department. The department may use
1an existing committee for this purpose if it has representatives from the listed groups
2and is willing to perform the required functions. This committee shall do all of the
3following:
AB130-engrossed,36,118
48.02
(1) "Adult" means a person who is 18 years of age or older
, except that
9for purposes of prosecuting a person who is alleged to have violated any state or
10federal criminal law or any civil law or municipal ordinance, "adult" means a person
11who has attained 17 years of age.
AB130-engrossed,36,1613
48.02
(2) "Child" means a person who is less than 18 years of age
, except that
14for purposes of prosecuting a person who is alleged to have violated a state or federal
15criminal law or any civil law or municipal ordinance, "child" does not include a person
16who has attained 17 years of age.
AB130-engrossed,36,1918
48.02
(2m) "Court", when used without further qualification, means the court
19assigned to exercise jurisdiction under this chapter
and ch. 938.
AB130-engrossed,36,2421
48.02
(3m) "Delinquent" means a child who is less than
18 17 years of age and
2212 years of age or older who has violated any state or federal criminal law, except as
23provided in ss. 48.17, 48.18 and 48.183, or who has committed a contempt of court,
24as defined in s. 785.01 (1), as specified in s. 48.355 (6g).
AB130-engrossed, s. 75p
1Section 75p. 48.02 (3m) of the statutes, as affected by 1995 Wisconsin Act ....
2(this act), is repealed.
AB130-engrossed,37,65
48.02
(10) "Judge", if used without further qualification, means the judge of the
6court assigned to exercise jurisdiction under this chapter
and ch. 938.
AB130-engrossed,37,139
48.02
(15m) "Secured correctional facility" means a correctional institution
10operated or contracted for by the department
of health and social services or the
11department of corrections for holding in secure custody persons adjudged
12delinquent. "Secured correctional facility" includes the facility at which the juvenile
13boot camp program under s. 48.532 is operated.
AB130-engrossed,37,2118
48.023
(4) The rights and responsibilities of legal custody except when legal
19custody has been vested in another person or when the child is under the supervision
20of the department under s.
48.34 938.183 (2) or 938.34 (4m) or (4n) or the supervision
21of a county department under s.
48.34 938.34 (4n).
AB130-engrossed,38,223
48.03
(2) In the case of the absence or disability of the judge of a court assigned
24to exercise jurisdiction under this chapter
and ch. 938, another judge shall be
25assigned under s. 751.03 to act temporarily in the judge's place. If the judge assigned
1temporarily is from a circuit other than the one for which elected, the judge shall
2receive expenses as provided under s. 753.073.
AB130-engrossed,38,19
448.035 Court; Menominee and Shawano counties. Menominee county is
5attached to Shawano county for judicial purposes to the extent of the jurisdiction and
6functions of the court assigned to exercise jurisdiction under this chapter
and ch. 938 7and the office and functions of the judge of
the court, and the duly designated judge
8of the court assigned to exercise jurisdiction under this chapter
and ch. 938 of the
9circuit court for Menominee and Shawano counties shall serve in both counties. The
10county boards of Menominee county and Shawano county shall enter into an
11agreement on administration of this section and the prorating of expenditures
12involved, and for such purposes the county board of supervisors of Menominee county
13may appropriate, levy and collect a sum each year sufficient to pay its share of the
14expenses. If the 2 county boards are unable to agree on the prorating of expenditure
15involved, then the circuit judges for the circuit court for Menominee and Shawano
16counties shall, upon appropriate notice and hearing, determine the prorating of the
17expenditures on the basis of a fair allocation to each county under such procedure as
18they prescribe. If the circuit judges are unable to agree, the chief judge of the judicial
19administrative district shall make the determination.
AB130-engrossed,38,2222
48.065
(2) (gm) Conduct uncontested proceedings under
ss. 48.12 and s. 48.13.
AB130-engrossed,39,2
148.065
(3) (b) Conduct fact-finding or dispositional hearings
except petitions
2or citations under s. 48.125 and except as provided in sub. (2) (gm).
AB130-engrossed,39,54
48.065
(3) (c) Make dispositions other than approving consent decrees and
5other than dispositions in uncontested proceedings under
ss. 48.12 and s. 48.13.
AB130-engrossed,39,97
48.065
(3) (e) Make changes in placements of children, or revisions or
8extensions of dispositional orders,
except pursuant to petitions or citations under s.
948.125 and except in uncontested proceedings under
ss. 48.12 and s. 48.13.
AB130-engrossed,39,1212
48.065
(3) (f) Make any dispositional order under s. 48.34
(4g) or (4m).
AB130-engrossed,39,2318
48.07
(4) County departments that provide developmental disabilities,
19mental health or alcohol and other drug abuse services. Within the limits of
20available state and federal funds and of county funds appropriated to match state
21funds, the court may order county departments established under s. 51.42 or 51.437
22to provide special treatment or care to a child if special treatment or care has been
23ordered under s.
48.34 48.345 (6) and if s. 48.362 (4) applies.
AB130-engrossed,40,8
148.08
(2) Except as provided in sub. (3), any Any person authorized to provide
2or providing intake or dispositional services for the court under ss. 48.067 and 48.069
3and any department of corrections staff member designated by agreement between
4the department of corrections and the department of health and social services has
5the power of police officers and deputy sheriffs only for the purpose of taking a child
6into physical custody when the child comes voluntarily or is suffering from illness or
7injury or is in immediate danger from his or her surroundings and removal from the
8surroundings is necessary.
AB130-engrossed,40,19
1548.10 Power of the judge to act as intake worker. The duties of the intake
16worker may be carried out from time to time by the judge at his or her discretion, but
17if a recommendation to file a petition is made
, a citation is issued or an informal
18disposition is entered into, the judge shall be disqualified from participating further
19in the proceedings.
AB130-engrossed,40,2321
48.12
(1) The court has exclusive jurisdiction, except as provided in ss. 48.17,
2248.18 and 48.183, over any child
who is less than 17 years of age and 12 years of age
23or older
and who is alleged to be delinquent as defined in s. 48.02 (3m).
AB130-engrossed,41,8
148.12
(2) If a court proceeding has been commenced under this section before
2a child is
18 17 years of age, but the child becomes
18 17 years of age before admitting
3the facts of the petition at the plea hearing or if the child denies the facts, before an
4adjudication, the court retains jurisdiction over the case to dismiss the action with
5prejudice, to waive its jurisdiction under s. 48.18, or to enter into a consent decree.
6If the court finds that the child has failed to fulfill the express terms and conditions
7of the consent decree or the child objects to the continuation of the consent decree,
8the court may waive its jurisdiction.
AB130-engrossed,41,1311
48.13
(4) Whose parent or guardian signs the petition requesting jurisdiction
12and states that he or she is unable to care for
, control or provide necessary special
13treatment or care for the child;
AB130-engrossed,41,2320
48.135
(1) If a child alleged to be
delinquent or in need of protection or services
21is before the court and it appears that the child is developmentally disabled, mentally
22ill or drug dependent or suffers from alcoholism, the court may proceed under ch. 51
23or 55.
AB130-engrossed,42,8
148.15 Jurisdiction of other courts to determine legal custody. Nothing
2contained in ss.
48.12, 48.13 and 48.14 deprives other courts of the right to determine
3the legal custody of children by habeas corpus or to determine the legal custody or
4guardianship of children if the legal custody or guardianship is incidental to the
5determination of causes pending in the other courts. But the jurisdiction of the court
6assigned to exercise jurisdiction under this chapter
and ch. 938 is paramount in all
7cases involving children alleged to come within the provisions of ss.
48.12, 48.13 and
848.14.
