AB150: Bill Text

AB150, s. 2451 Section 2451. 48.34 (intro.) of the statutes, as affected by 1993 Wisconsin Acts 385 and 491, is amended to read:

AB150,928,5 48.34 Disposition of child adjudged delinquent. (intro.) If the judge adjudges a child delinquent, he or she shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan. Subsections (4m) and (8) are exclusive dispositions, except that either disposition may be combined with the disposition under sub. (4p), (5), (7m), (7r) or (15) and a disposition under sub. (4m) must be combined with a disposition under sub. (4n). The dispositions under this section are:

AB150, s. 2452 Section 2452. 48.34 (2r) of the statutes is repealed.

AB150, s. 2453 Section 2453. 48.34 (3g) of the statutes is amended to read:

AB150,928,10 48.34 (3g) If the judge places the child in the community under sub. (2m), (2r), (3) or (10), the judge may order the child to be monitored by an electronic monitoring system.

AB150, s. 2454 Section 2454. 48.34 (4g) (intro.) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,928,16 48.34 (4g) (intro.)  Transfer Unless the judge, in his or her discretion, imposes a disposition under sub. (4m), transfer legal custody to the department of corrections for participation in the youthful serious juvenile offender program under s. 48.537, but only if all of the following apply:

AB150, s. 2455 Section 2455. 48.34 (4g) (a) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,929,8 48.34 (4g) (a) The child is 16 14 years of age or over and has been adjudicated delinquent for committing an act that would be punishable as a Class A, B, C or D felony if committed by an adult and the child has been adjudicated delinquent or found to be in need of protection or services previously for committing an act that would be a felony if committed by an adult a violation of s. 161.41 (1), (1m) or (1x), 939.30 that is punishable as a Class C felony if committed by an adult, 939.31 that is punishable as a Class B felony if committed by an adult, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05, 940.06, 940.09, 940.11, 940.19 (2) to (6), 940.20, 940.203, 940.205, 940.207, 940.21, 940.225 (1) to (3), 940.23, 940.305, 940.31, 940.32 (2m) or (3m), 940.43, 940.45, 941.20 (2) or (3), 941.21, 941.26 (1) (a) or (b) except as provided in s. 941.26 (2) (c) or (d), 941.26 (1m) or (4) (d) or (e), 941.28, 941.29, 941.295, 941.296, 941.298, 941.30 (1), 941.32, 941.327 (2) (b) 4., 941.38 (2), 943.02, 943.04, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32, 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) or (3), 948.04, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a), 948.30 (2), 948.35, 948.36, 948.60 (2) (b) if death results, 948.605 (3) or 948.61 (2) (b).

AB150, s. 2456 Section 2456. 48.34 (4g) (b) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB150, s. 2457 Section 2457. 48.34 (4g) (d) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,929,14 48.34 (4g) (d) The report under s. 48.33 (3m) (3) recommends placement of the child in the youthful serious juvenile offender program.

AB150, s. 2458 Section 2458. 48.34 (4m) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,929,18 48.34 (4m) (intro.) Place the child in a secured correctional facility under the supervision of the department, but only if all of the following apply:

AB150, s. 2459 Section 2459. 48.34 (4m) (a) of the statutes is amended to read:

AB150,929,22 48.34 (4m) (a) The child has been found to be delinquent for the commission of an act which if committed by an adult would be punishable by a sentence of 6 months or more; and.

AB150, s. 2460 Section 2460. 48.34 (4m) (c) of the statutes is created to read:

AB150,930,3 48.34 (4m) (c) The child is under 14 years of age or, if the child is 14 years of age or over, the child has committed a violation other than a violation specified in sub. (4g) (a) or, if the child is 14 years of age or over and has committed a violation specified in sub. (4g) (a), the judge in his or her discretion imposes this disposition rather than the disposition specified in sub. (4g).

AB150, s. 2461 Section 2461. 48.34 (4n) (intro.) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB150,930,10 48.34 (4n) (intro.) Subject to s. 48.532 (3) and to any arrangement between the department and a county department regarding the provision of aftercare supervision for children, designate one of the following to provide aftercare supervision for the child following the child's release from a secured correctional facility:

AB150, s. 2462 Section 2462. 48.34 (7r) of the statutes is created to read:

AB150,930,15 48.34 (7r) (a) If the child is adjudicated delinquent under a violation of a violent crime law specified in s. 939.632 (1) (e) in a school zone, as defined in s. 939.632 (1) (d), the court may require that the child participate for 100 hours in a supervised work program under sub. (9) or perform 100 hours of other community service work.

AB150,930,18 (b) The court shall not impose the requirement under par. (a) if the court determines that the person would pose a threat to public safety while completing the requirement.

AB150, s. 2463 Section 2463. 48.34 (9) (d) of the statutes is amended to read:

AB150,930,22 48.34 (9) (d) Under this subsection, a court may not order a child who is 12 or 13 years of age to perform more than 40 total hours of community service work, except as provided in subs. (7m) and (7r).

AB150, s. 2464 Section 2464. 48.34 (10) (a) of the statutes is amended to read:

AB150,931,3 48.34 (10) (a) The judge may order that a child, on attaining 17 or more years of age, be allowed to live independently, either alone or with friends, under such supervision as the judge deems appropriate.

AB150, s. 2465 Section 2465. 48.35 (1) (c) of the statutes is amended to read:

AB150,931,9 48.35 (1) (c) Disposition by the court assigned to exercise jurisdiction under this chapter of any allegation under s. 48.12 shall bar any future proceeding on the same matter in criminal court when the child reaches the age of 18 17. This paragraph does not affect proceedings in criminal court which have been transferred under s. 48.18.

AB150, s. 2466 Section 2466. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150,931,19 48.355 (4) (b) An order under s. 48.34 (4g) or (4m) for which a child has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 48.34 (4m) apply for up to 2 years or until the child's 19th 18th birthdate, whichever is earlier, and the judge shall make an order under s. 48.34 (4g) apply for 5 years, if the child is adjudicated delinquent for committing an act that would be punishable as a Class B, C or D felony if committed by an adult, or until the child reaches 25 years of age, if the child is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

AB150, s. 2467 Section 2467. 48.357 (4g) (a) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB150,932,5 48.357 (4g) (a) Not later than 120 days after the date on which the child is placed in a secured correctional facility under the supervision of the department, or not less than 30 days before the date on which the department determines that the child is eligible for release to aftercare supervision, whichever is earlier, the aftercare provider designated under s. 48.34 (4n) shall prepare an aftercare plan for the child. If the aftercare provider designated under s. 48.34 (4n) is a county department, that county department shall submit the aftercare plan to the department within the time limits specified in this paragraph, unless the department waives those time limits under par. (b).

AB150, s. 2468 Section 2468. 48.36 (1) of the statutes is amended to read:

AB150,932,19 48.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a disposition made under s. 48.34 or 48.345 or by a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department of health and social services, the department of corrections, or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).

AB150,933,3 (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and social services, or the county child and spousal support agency, under s. 46.25 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

AB150, s. 2469 Section 2469. 48.365 (7) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150,933,10 48.365 (7) Nothing in this section may be construed to allow any changes in placement or revocation of aftercare, corrective sanctions or youthful serious juvenile offender supervision. Revocation and other changes in placement may take place only under s. 48.357 or, for a child who is a participant in the youthful serious juvenile offender program, s. 48.537.

AB150, s. 2470 Section 2470. 48.366 (1) (a) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,933,17 48.366 (1) (a) (intro.) If Subject to par. (c), if the person committed any crime specified under s. 940.01, 940.02, 940.05, 940.21 or 940.225 (1) (a) to (c), 948.03 or 948.04, is adjudged delinquent on that basis and is placed in a secured correctional facility under s. 48.34 (4m), the court shall enter an order extending its jurisdiction as follows:

AB150, s. 2471 Section 2471. 48.366 (1) (b) of the statutes is amended to read:

AB150,933,23 48.366 (1) (b) If Subject to par. (c), if the person committed a crime specified in s. 940.20 (1) or 946.43 while placed in a secured correctional facility and is adjudged delinquent on that basis following transfer of jurisdiction under s. 970.032, the court shall enter an order extending its jurisdiction until the person reaches 21 years of age or until termination of the order under sub. (6), whichever occurs earlier.

AB150, s. 2472 Section 2472. 48.366 (1) (c) of the statutes is created to read:

AB150,934,3 48.366 (1) (c) A court may not enter an order extending its jurisdiction as provided in par. (a) or (b) with respect to any violation committed after December 31, 1995.

AB150, s. 2473 Section 2473. 48.366 (8) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,934,12 48.366 (8) Transfer to or between facilities. The department may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 18 17 years, the department may, after consulting with the department of corrections, place the person in a state prison named in s. 302.01. The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

AB150, s. 2474 Section 2474. 48.38 (1) (a) of the statutes is amended to read:

AB150,934,15 48.38 (1) (a) "Agency" means the department of health and social services, the department of corrections, a county department or a licensed child welfare agency.

AB150, s. 2475 Section 2475 . 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB150,935,2 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 serious juvenile 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.

AB150, s. 2476 Section 2476. 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 and recreated to read:

AB150,935,13 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 in the serious juvenile offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. 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.

****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 Section 2477. 48.38 (5m) of the statutes is repealed.

AB150, s. 2478 Section 2478. 48.39 of the statutes is amended to read:

AB150,935,20 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.

AB150, s. 2479 Section 2479. 48.396 (1) of the statutes is amended to read:

AB150,936,7 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.

AB150, s. 2480 Section 2480. 48.396 (2) (b) of the statutes is amended to read:

AB150,936,14 48.396 (2) (b) Upon request of the department of health and social services, the department of corrections or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under 45 CFR 1355, 1356 and 1357, the court shall open those records for inspection by authorized representatives of the requesting department or federal agency.

AB150, s. 2481 Section 2481. 48.415 (1) (a) 2. of the statutes is amended to read:

AB150,936,19 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) and the parent has failed to visit or communicate with the child for a period of 6 3 months or longer; or

AB150, s. 2482 Section 2482. 48.415 (1) (a) 3. of the statutes is amended to read:

AB150,936,24 48.415 (1) (a) 3. The child has been left by the parent with a relative or other person, the parent knows or could discover the whereabouts of the child and the parent has failed to visit or communicate with the child for a period of one year 6 months or longer.

AB150, s. 2483 Section 2483. 48.415 (1) (b) of the statutes is amended to read:

AB150,937,5 48.415 (1) (b) Incidental or occasional contact between parent and child shall not preclude the court from finding that the parent has failed to visit or communicate with the child under par. (a) 2. or 3. The time periods under par. (a) 2. or 3. shall not include any periods during which the parent has been prohibited by judicial order from visiting or communicating with the child.

AB150, s. 2484 Section 2484. 48.415 (1) (c) of the statutes is amended to read:

AB150,937,10 48.415 (1) (c) A showing under par. (a) that abandonment has occurred may be rebutted by other evidence that the parent has not disassociated himself or herself from the child or relinquished made a voluntary effort to fulfill his or her responsibility for the child's care and well-being.

AB150, s. 2485 Section 2485. 48.415 (2m) of the statutes is created to read:

AB150,937,13 48.415 (2m) Continuing alcohol or other drug abuse. Continuing alcohol or other drug abuse may be established by a showing of all of the following:

AB150,937,19 (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 containing the notice required by s. 48.356 (2) and the parent's abuse of alcohol or other drugs contributed to the court's decision to place the child, or continue the child's placement, outside his or her home.

AB150,937,23 (b) That a condition for the return of the child to the home is the parent's participation in alcohol or other drug abuse treatment and the agency responsible for the care of the child and the family has made a diligent effort to provide that treatment.

AB150,938,3 (c) That the child has been outside the home for a cumulative total period of 6 months or longer under those orders and the parent has failed to participate actively and voluntarily in that treatment and continues to abuse alcohol or other drugs.

AB150, s. 2486 Section 2486. 48.415 (5) (intro.) of the statutes is amended to read:

AB150,938,8 48.415 (5) Child abuse. (intro.) Child abuse may be established by a showing that the parent has exhibited a pattern of abusive behavior which is a substantial threat to the health of the child who is the subject of the petition and a showing of either of any of the following:

AB150, s. 2487 Section 2487. 48.415 (6) (a) (intro.) and 1. of the statutes are consolidated, renumbered 48.415 (6) (b) and amended to read:

AB150,938,18 48.415 (6) (b) Failure to assume parental responsibility may be established by a showing that a child is a nonmarital child who has not been adopted or whose parents have not subsequently intermarried under s. 767.60, that paternity was not adjudicated before the filing of the petition for termination of parental rights and: 1. The person or persons who may be the father of the child have been given notice under s. 48.42 but have failed to appear or otherwise submit to the jurisdiction of the court and that such person or persons have the parent or a person who may be the parent has never had a substantial parental relationship with the child; or.

AB150, s. 2488 Section 2488. 48.415 (6) (a) 2. of the statutes is repealed.

AB150, s. 2489 Section 2489. 48.415 (6) (b) of the statutes is renumbered 48.615 (6) (a) and amended to read:

AB150,938,24 48.615 (6) (a) In this subsection, "substantial parental relationship" means the acceptance and exercise of significant responsibility for the daily supervision, education, protection and care of the child.

AB150,939,9 (c) In evaluating whether the person has had a substantial parental relationship with the child, the court may consider such factors, including, but not limited to, whether the person has ever expressed concern for or interest in the support, care or well-being of the child or the mother during her pregnancy and whether the person has neglected or refused to provide care or support. If the person is or may be the father of the child, the court may also consider, in evaluating whether the person has had a substantial parental relationship with the child, whether the person has ever expressed concern for or interest in the support, care or well-being of the mother during her pregnancy.

AB150, s. 2490 Section 2490. 48.415 (8) of the statutes is amended to read:

AB150,939,16 48.415 (8) (title) Intentional homicide of parent or sibling. Intentional homicide of a parent or sibling may be established by a showing that a parent or sibling of the child has been a victim of first-degree intentional homicide in violation of s. 940.01 or of 2nd-degree intentional homicide in violation of s. 940.05 and that the person whose parental rights are sought to be terminated has been convicted of that intentional homicide.

AB150, s. 2491 Section 2491. 48.42 (1) (intro.) of the statutes is amended to read:

AB150,939,22 48.42 (1) Petition. (intro.) A proceeding for the termination of parental rights shall be initiated by petition which may be filed by the child's parent, an agency or a person authorized to file a petition under s. 48.235 (4) (a) 3., 48.25 or 48.835. The petition shall be entitled "In the interest of .......... (child's name), a person under the age of 18" and shall set forth with specificity:

AB150, s. 2492 Section 2492. 48.42 (1) (d) of the statutes is created to read:

AB150,939,25 48.42 (1) (d) A statement of whether the child may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

AB150, s. 2493 Section 2493. 48.43 (1) (d) of the statutes is created to read:

AB150,940,7 48.43 (1) (d) The court's finding as to whether a county department which provides social services or the agency primarily responsible for the provision of services has made reasonable efforts to prevent the removal of the child from the home or, if applicable, that the agency primarily responsible for the provision of services has made reasonable efforts to make it possible for the child to return to his or her home.