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2(this act), is repealed.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.
AB130-engrossed,42,2521
48.18
(5) (c) The adequacy and suitability of facilities, services and procedures
22available for treatment of the child and protection of the public within the juvenile
23justice system, and, where applicable, the mental health system
and the suitability
24of the child for placement in the youthful offender program under s. 48.537 or the
25adult intensive sanctions program under s. 301.048.
AB130-engrossed,43,179
48.185
(1) Subject to sub. (3), venue
Venue for any proceeding under ss.
48.12, 1048.125, 48.13, 48.135
, and 48.14 (1) to (9)
and 48.18 may be in any of the following:
11the county where the child resides, the county where the child is present or, in the
12case of a violation of a state law or a county, town or municipal ordinance, the county
13where the violation occurred. Venue for proceedings brought under subch. VIII is as
14provided in this subsection except where the child has been placed and is living
15outside the home of the child's parent pursuant to a dispositional order, in which case
16venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as
17provided in s. 801.50 (5s).
AB130-engrossed,44,222
48.19
(1) (d) 6. The child has violated the terms of court-ordered supervision
23or aftercare supervision administered by the department
of health and social
24services or a county department
, or of corrective sanctions supervision administered
1by the department
of health and social services or youthful offender supervision
2administered by the department of corrections.
AB130-engrossed,44,1210
48.20
(2) (ag) Except as provided in pars. (b) to
(g) (d), a person taking a child
11into custody shall make every effort to release the child immediately to the child's
12parent, guardian or legal custodian.
