AB150, s. 2440 12Section 2440. 48.22 (7) (c) of the statutes is created to read:
AB150,924,1713 48.22 (7) (c) A shelter care facility that wishes to renew a license issued under
14s. 48.66 (1) and that fails to pay the fee under par. (b) by the renewal date of the
15license or a new shelter care facility that fails to pay the fee under par. (b) by 30 days
16before the opening of the shelter care facility shall pay an additional fee of $5 per day
17for every day after the deadline that the facility fails to pay the fee.
AB150, s. 2441 18Section 2441. 48.22 (7m) of the statutes is created to read:
AB150,924,2119 48.22 (7m) (a) Before applying for initial licensure or license renewal, the
20applicant, with the assistance of the department of justice, shall conduct a
21background investigation of each employe or prospective employe of the applicant.
AB150,925,722 (b) If the person being investigated under par. (a) is a nonresident, or if at any
23time within the 5 years preceding the date of the investigation that person has been

1a nonresident, or if the applicant determines that the person's employment, licensing
2or state court records provide a reasonable basis for further investigation, the
3applicant shall require the person to be photographed and fingerprinted on 2
4fingerprint cards, each bearing a complete set of the person's fingerprints. The
5department of justice may provide for the submission of the fingerprint cards to the
6federal bureau of investigation for the purposes of verifying the identity of the person
7fingerprinted and obtaining records of his or her criminal arrest and conviction.
AB150,925,98 (c) Upon request, a person being investigated under par. (a) shall provide the
9applicant with all of the following information:
AB150,925,1010 1. The person's name.
AB150,925,1111 2. The person's social security number.
AB150,925,1312 3. Other identifying information, including the person's birthdate, sex, race
13and any identifying physical characteristics.
AB150,925,2214 (d) An applicant may employ a person conditioned on the receipt of a
15satisfactory background investigation. An applicant may not employ any person who
16has been convicted of a violation of ch. 161 that is punishable as a felony, who has had
17imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632,
18939.64, 939.641 or 939.645 or who has been convicted of a violation of ch. 940, 944
19or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70,
20except that an applicant may employ a person who has been convicted of a violation
21of s. 944.30, 944.31 or 944.33 if that violation occurred 20 years or more before the
22date of the investigation.
AB150,925,2423 (e) An applicant shall keep confidential all information received under this
24subsection from the department of justice or the federal bureau of investigation.

****Note: This is reconciled s. 48.22 (7m). This Section has been affected by drafts with the
following LRB numbers: 2160/3 and 2556/2.
AB150, s. 2442 1Section 2442. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
2377, 385 and 491, is amended to read:
AB150,926,103 48.23 (1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure
4detention facility shall be represented by counsel at all stages of the proceedings, but
5a child 15 years of age or older may waive counsel if the court is satisfied that the
6waiver is knowingly and voluntarily made and the court accepts the waiver. If the
7waiver is accepted, the court may not place the child in a secured correctional facility,
8transfer legal custody of the child to the department of corrections for participation
9in the youthful serious juvenile offender program or transfer jurisdiction over the
10child to adult court.
AB150, s. 2443 11Section 2443. 48.235 (4) (a) 3. of the statutes is amended to read:
AB150,926,1312 48.235 (4) (a) 3. Petition Subject to par. (c), petition for termination of parental
13rights or any other matter specified under s. 48.14.
AB150, s. 2444 14Section 2444. 48.235 (4) (c) of the statutes is created to read:
AB150,926,2015 48.235 (4) (c) The guardian ad litem for a child who has been found to be in need
16of protection or services shall petition for termination of parental rights over the
17child if it appears to the guardian ad litem that grounds exist for the termination of
18parental rights and that termination of parental rights would be in the best interests
19of the child and if no other person who is authorized to petition for termination of
20parental rights over the child does so.
AB150, s. 2445 21Section 2445. 48.243 (1) (b) of the statutes is amended to read:
AB150,926,2322 48.243 (1) (b) The nature and possible consequences of the proceedings
23including the provisions of ss. 48.17, and 48.18 and 48.366 if applicable;
AB150, s. 2446
1Section 2446. 48.255 (1) (intro.) of the statutes is amended to read:
AB150,927,72 48.255 (1) (intro.) A petition initiating proceedings under this chapter, other
3than a petition initiating proceedings under s. 48.12 or 48.13 (12),
shall be entitled,
4"In the interest of (child's name), a person under the age of 18", and. A petition
5initiating proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest
6of (child's name), a person under the age of 17". A petition initiating proceedings
7under this chapter
shall set forth with specificity:
AB150, s. 2447 8Section 2447. 48.255 (1) (cm) of the statutes is created to read:
AB150,927,109 48.255 (1) (cm) Whether the child may be subject to the federal Indian child
10welfare act, 25 USC 1911 to 1963.
AB150, s. 2448 11Section 2448. 48.255 (2) of the statutes is amended to read:
AB150,927,1312 48.255 (2) If any of the facts in sub. (1) (a), (b) or (c) to (cm) are not known or
13cannot be ascertained by the petitioner, the petition shall so state.
AB150, s. 2449 14Section 2449. 48.33 (3) (intro.) of the statutes, as affected by 1993 Wisconsin
15Act 481
, is amended to read:
AB150,927,1916 48.33 (3)Correctional placement reports. (intro.) A report recommending
17placement of a child in the serious juvenile offender program or in a secured
18correctional facility shall be in writing and, in addition to the information specified
19under sub. (1) (a) to (d), shall include all of the following:
AB150, s. 2450 20Section 2450. 48.33 (3m) of the statutes, as created by 1993 Wisconsin Act 377,
21is repealed.
AB150, s. 2451 22Section 2451. 48.34 (intro.) of the statutes, as affected by 1993 Wisconsin Acts
23385 and 491, is amended to read:
AB150,928,5 2448.34 Disposition of child adjudged delinquent. (intro.) If the judge
25adjudges a child delinquent, he or she shall enter an order deciding one or more of

1the dispositions of the case as provided in this section under a care and treatment
2plan. Subsections (4m) and (8) are exclusive dispositions, except that either
3disposition may be combined with the disposition under sub. (4p), (5), (7m), (7r) or
4(15) and a disposition under sub. (4m) must be combined with a disposition under
5sub. (4n). The dispositions under this section are:
AB150, s. 2452 6Section 2452. 48.34 (2r) of the statutes is repealed.
AB150, s. 2453 7Section 2453. 48.34 (3g) of the statutes is amended to read:
AB150,928,108 48.34 (3g) If the judge places the child in the community under sub. (2m), (2r),
9(3) or (10), the judge may order the child to be monitored by an electronic monitoring
10system.
AB150, s. 2454 11Section 2454. 48.34 (4g) (intro.) of the statutes, as created by 1993 Wisconsin
12Act 377
, is amended to read:
AB150,928,1613 48.34 (4g) (intro.)  Transfer Unless the judge, in his or her discretion, imposes
14a disposition under sub. (4m), transfer
legal custody to the department of corrections
15for participation in the youthful serious juvenile offender program under s. 48.537,
16but only if all of the following apply:
AB150, s. 2455 17Section 2455. 48.34 (4g) (a) of the statutes, as created by 1993 Wisconsin Act
18377
, is amended to read:
AB150,929,819 48.34 (4g) (a) The child is 16 14 years of age or over and has been adjudicated
20delinquent for committing an act that would be punishable as a Class A, B, C or D
21felony if committed by an adult and the child has been adjudicated delinquent or
22found to be in need of protection or services previously for committing an act that
23would be a felony if committed by an adult
a violation of s. 161.41 (1), (1m) or (1x),
24939.30 that is punishable as a Class C felony if committed by an adult, 939.31 that
25is punishable as a Class B felony if committed by an adult, 939.32 (1) (a), 940.01,

1940.02, 940.03, 940.05, 940.06, 940.09, 940.11, 940.19 (2) to (6), 940.20, 940.203,
2940.205, 940.207, 940.21, 940.225 (1) to (3), 940.23, 940.305, 940.31, 940.32 (2m) or
3(3m), 940.43, 940.45, 941.20 (2) or (3), 941.21, 941.26 (1) (a) or (b) except as provided
4in s. 941.26 (2) (c) or (d), 941.26 (1m) or (4) (d) or (e), 941.28, 941.29, 941.295, 941.296,
5941.298, 941.30 (1), 941.32, 941.327 (2) (b) 4., 941.38 (2), 943.02, 943.04, 943.10 (2),
6943.23 (1g), (1m) or (1r), 943.32, 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) or (3),
7948.04, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a), 948.30 (2), 948.35,
8948.36, 948.60 (2) (b) if death results, 948.605 (3) or 948.61 (2) (b)
.
AB150, s. 2456 9Section 2456. 48.34 (4g) (b) of the statutes, as created by 1993 Wisconsin Act
10377
, is repealed.
AB150, s. 2457 11Section 2457. 48.34 (4g) (d) of the statutes, as created by 1993 Wisconsin Act
12377
, is amended to read:
AB150,929,1413 48.34 (4g) (d) The report under s. 48.33 (3m) (3) recommends placement of the
14child in the youthful serious juvenile offender program.
AB150, s. 2458 15Section 2458. 48.34 (4m) (intro.) of the statutes, as affected by 1993 Wisconsin
16Act 385
, is amended to read:
AB150,929,1817 48.34 (4m) (intro.) Place the child in a secured correctional facility under the
18supervision of the department, but only if all of the following apply:
AB150, s. 2459 19Section 2459. 48.34 (4m) (a) of the statutes is amended to read:
AB150,929,2220 48.34 (4m) (a) The child has been found to be delinquent for the commission
21of an act which if committed by an adult would be punishable by a sentence of 6
22months or more; and.
AB150, s. 2460 23Section 2460. 48.34 (4m) (c) of the statutes is created to read:
AB150,930,324 48.34 (4m) (c) The child is under 14 years of age or, if the child is 14 years of
25age or over, the child has committed a violation other than a violation specified in sub.

1(4g) (a) or, if the child is 14 years of age or over and has committed a violation specified
2in sub. (4g) (a), the judge in his or her discretion imposes this disposition rather than
3the disposition specified in sub. (4g).
AB150, s. 2461 4Section 2461. 48.34 (4n) (intro.) of the statutes, as created by 1993 Wisconsin
5Act 385
, is amended to read:
AB150,930,106 48.34 (4n) (intro.) Subject to s. 48.532 (3) and to any arrangement between the
7department and a county department regarding the provision of aftercare
8supervision for children, designate one of the following to provide aftercare
9supervision for the child following the child's release from a secured correctional
10facility:
AB150, s. 2462 11Section 2462. 48.34 (7r) of the statutes is created to read:
AB150,930,1512 48.34 (7r) (a) If the child is adjudicated delinquent under a violation of a violent
13crime law specified in s. 939.632 (1) (e) in a school zone, as defined in s. 939.632 (1)
14(d), the court may require that the child participate for 100 hours in a supervised
15work program under sub. (9) or perform 100 hours of other community service work.
AB150,930,1816 (b) The court shall not impose the requirement under par. (a) if the court
17determines that the person would pose a threat to public safety while completing the
18requirement.
AB150, s. 2463 19Section 2463. 48.34 (9) (d) of the statutes is amended to read:
AB150,930,2220 48.34 (9) (d) Under this subsection, a court may not order a child who is 12 or
2113 years of age to perform more than 40 total hours of community service work,
22except as provided in subs. (7m) and (7r)
.
AB150, s. 2464 23Section 2464. 48.34 (10) (a) of the statutes is amended to read:
AB150,931,3
148.34 (10) (a) The judge may order that a child, on attaining 17 or more years
2of age, be allowed to live independently, either alone or with friends, under such
3supervision as the judge deems appropriate.
AB150, s. 2465 4Section 2465. 48.35 (1) (c) of the statutes is amended to read:
AB150,931,95 48.35 (1) (c) Disposition by the court assigned to exercise jurisdiction under this
6chapter of any allegation under s. 48.12 shall bar any future proceeding on the same
7matter in criminal court when the child reaches the age of 18 17. This paragraph
8does not affect proceedings in criminal court which have been transferred under s.
948.18.
AB150, s. 2466 10Section 2466. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act
11377
, is amended to read:
AB150,931,1912 48.355 (4) (b) An order under s. 48.34 (4g) or (4m) for which a child has been
13adjudicated delinquent is subject to par. (a), except that the judge may make an order
14under s. 48.34 (4m) apply for up to 2 years or until the child's 19th 18th birthdate,
15whichever is earlier, and the judge shall make an order under s. 48.34 (4g) apply for
165 years, if the child is adjudicated delinquent for committing an act that would be
17punishable as a Class B, C or D felony if committed by an adult, or until the child
18reaches 25 years of age, if the child is adjudicated delinquent for committing an act
19that would be punishable as a Class A felony if committed by an adult.
AB150, s. 2467 20Section 2467. 48.357 (4g) (a) of the statutes, as created by 1993 Wisconsin Act
21385
, is amended to read:
AB150,932,522 48.357 (4g) (a) Not later than 120 days after the date on which the child is
23placed in a secured correctional facility under the supervision of the department, or
24not less than 30 days before the date on which the department determines that the
25child is eligible for release to aftercare supervision, whichever is earlier, the aftercare

1provider designated under s. 48.34 (4n) shall prepare an aftercare plan for the child.
2If the aftercare provider designated under s. 48.34 (4n) is a county department, that
3county department shall submit the aftercare plan to the department within the time
4limits specified in this paragraph, unless the department waives those time limits
5under par. (b).
AB150, s. 2468 6Section 2468. 48.36 (1) of the statutes is amended to read:
AB150,932,197 48.36 (1) (a) If legal custody is transferred from the parent or guardian or the
8court otherwise designates an alternative placement for the child by a disposition
9made under s. 48.34 or 48.345 or by a change in placement under s. 48.357, the duty
10of the parent or guardian or, in the case of a transfer of guardianship and custody
11under s. 48.839 (4), the duty of the former guardian to provide support shall continue
12even though the legal custodian or the placement designee may provide the support.
13A copy of the order transferring custody or designating alternative placement for the
14child shall be submitted to the agency or person receiving custody or placement and
15the agency or person may apply to the court for an order to compel the parent or
16guardian to provide the support. Support payments for residential services, when
17purchased or otherwise funded or provided by the department of health and social
18services, the department of corrections
, or a county department under s. 46.215,
1946.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).
AB150,933,320 (b) In determining the amount of support under par. (a), the court may consider
21all relevant financial information or other information relevant to the parent's
22earning capacity, including information reported to the department of health and
23social services
, or the county child and spousal support agency, under s. 46.25 (2m).
24If the court has insufficient information with which to determine the amount of
25support, the court shall order the child's parent to furnish a statement of income,

1assets, debts and living expenses, if the parent has not already done so, to the court
2within 10 days after the court's order transferring custody or designating an
3alternative placement is entered or at such other time as ordered by the court.
AB150, s. 2469 4Section 2469. 48.365 (7) of the statutes, as affected by 1993 Wisconsin Act 377,
5is amended to read:
AB150,933,106 48.365 (7) Nothing in this section may be construed to allow any changes in
7placement or revocation of aftercare, corrective sanctions or youthful serious
8juvenile
offender supervision. Revocation and other changes in placement may take
9place only under s. 48.357 or, for a child who is a participant in the youthful serious
10juvenile
offender program, s. 48.537.
AB150, s. 2470 11Section 2470. 48.366 (1) (a) (intro.) of the statutes, as affected by 1993
12Wisconsin Act 385
, is amended to read:
AB150,933,1713 48.366 (1) (a) (intro.) If Subject to par. (c), if the person committed any crime
14specified under s. 940.01, 940.02, 940.05, 940.21 or 940.225 (1) (a) to (c), 948.03 or
15948.04, is adjudged delinquent on that basis and is placed in a secured correctional
16facility under s. 48.34 (4m), the court shall enter an order extending its jurisdiction
17as follows:
AB150, s. 2471 18Section 2471. 48.366 (1) (b) of the statutes is amended to read:
AB150,933,2319 48.366 (1) (b) If Subject to par. (c), if the person committed a crime specified in
20s. 940.20 (1) or 946.43 while placed in a secured correctional facility and is adjudged
21delinquent on that basis following transfer of jurisdiction under s. 970.032, the court
22shall enter an order extending its jurisdiction until the person reaches 21 years of
23age or until termination of the order under sub. (6), whichever occurs earlier.
AB150, s. 2472 24Section 2472. 48.366 (1) (c) of the statutes is created to read:
AB150,934,3
148.366 (1) (c) A court may not enter an order extending its jurisdiction as
2provided in par. (a) or (b) with respect to any violation committed after December 31,
31995.
AB150, s. 2473 4Section 2473. 48.366 (8) of the statutes, as affected by 1993 Wisconsin Act 385,
5is amended to read:
AB150,934,126 48.366 (8) Transfer to or between facilities. The department may transfer
7a person subject to an order between secured correctional facilities. After the person
8attains the age of 18 17 years, the department may, after consulting with the
9department of corrections, place the person in a state prison named in s. 302.01. The
10department of corrections may transfer a person placed in a state prison under this
11subsection to or between state prisons named in s. 302.01 without petitioning for
12revision of the order under sub. (5) (a).
AB150, s. 2474 13Section 2474. 48.38 (1) (a) of the statutes is amended to read:
AB150,934,1514 48.38 (1) (a) "Agency" means the department of health and social services, the
15department of corrections
, a county department or a licensed child welfare agency.
AB150, s. 2475 16Section 2475 . 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts
17377, 385 and 491, is amended to read:
AB150,935,218 48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure
19detention facility, juvenile portion of a county jail or shelter care facility, and the
20agency intends to recommend that the child be placed in a secured correctional
21facility or the department of corrections intends to recommend that custody of the
22child be transferred to the department of corrections for participation in the youthful
23serious juvenile offender program, the agency is not required to submit the
24permanency plan unless the court does not accept the recommendation of the agency
25or the department of corrections. If the court places the child in any facility outside

1of the child's home other than a secured correctional facility, the agency shall file the
2permanency plan with the court within 60 days after the date of disposition.
AB150, s. 2476 3Section 2476. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts
4377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
5read:
AB150,935,136 48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure
7detention facility, juvenile portion of a county jail or shelter care facility, and the
8agency intends to recommend that the child be placed in a secured correctional
9facility or in the serious juvenile offender program, the agency is not required to
10submit the permanency plan unless the court does not accept the recommendation
11of the agency. If the court places the child in any facility outside of the child's home
12other than a secured correctional facility, the agency shall file the permanency plan
13with the court within 60 days after the date of disposition.
****Note: This is reconciled s. 48.38 (3) (a). This Section has been affected by drafts with the
following LRB numbers: 2479/4 and 2481/3.
AB150, s. 2477 14Section 2477. 48.38 (5m) of the statutes is repealed.
AB150, s. 2478 15Section 2478. 48.39 of the statutes is amended to read:
AB150,935,20 1648.39 Disposition by court bars criminal proceeding. Disposition by the
17court of any violation of state law coming within its jurisdiction under s. 48.12 bars
18any future criminal proceeding on the same matter in circuit court when the child
19reaches the age of 18 17. This section does not affect criminal proceedings in circuit
20court which were transferred under s. 48.18.
AB150, s. 2479 21Section 2479. 48.396 (1) of the statutes is amended to read:
AB150,936,722 48.396 (1) Peace officers' records of children shall be kept separate from records
23of persons 18 or older adults. Peace officers' records of children shall not be open to

1inspection or their contents disclosed except under sub. (1m) or (5) or s. 48.293 or by
2order of the court. This subsection does not apply to the representatives of
3newspapers or other reporters of news who wish to obtain information for the
4purpose of reporting news without revealing the identity of the child involved, to the
5confidential exchange of information between the police and officials of the school
6attended by the child or other law enforcement or social welfare agencies or to
7children 16 or older who are transferred to the criminal courts.
AB150, s. 2480 8Section 2480. 48.396 (2) (b) of the statutes is amended to read:
AB150,936,149 48.396 (2) (b) Upon request of the department of health and social services, the
10department of corrections
or a federal agency to review court records for the purpose
11of monitoring and conducting periodic evaluations of activities as required by and
12implemented under 45 CFR 1355, 1356 and 1357, the court shall open those records
13for inspection by authorized representatives of the requesting department or federal
14agency.
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