AB150-engrossed,845,222
48.205
(1) (c) Probable cause exists to believe that the child will run away or
23be taken away so as to be unavailable for proceedings of the court or its officers or
24proceedings of the division of hearings and appeals in the department of
1administration for revocation of aftercare, corrective sanctions or serious juvenile
2offender supervision.
AB150-engrossed, s. 2437m
3Section 2437m. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts
4377 and 385, is amended to read:
AB150-engrossed,845,125
48.208
(1) Probable cause exists to believe that the child has committed a
6delinquent act and either presents a substantial risk of physical harm to another
7person or a substantial risk of running away as evidenced by a previous act or
8attempt so as to be unavailable for a court hearing or a revocation hearing for
9children on aftercare
, or corrective sanctions
or youthful offender supervision. For
10children on aftercare
, or corrective sanctions
or youthful offender supervision, the
11delinquent act referred to in this section may be the act for which the child was placed
12in a secured correctional facility.
AB150-engrossed, s. 2437p
13Section 2437p. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts
14377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-engrossed,845,2215
48.208
(1) Probable cause exists to believe that the child has committed a
16delinquent act and either presents a substantial risk of physical harm to another
17person or a substantial risk of running away as evidenced by a previous act or
18attempt so as to be unavailable for a court hearing or a revocation hearing for
19children on aftercare, corrective sanctions or serious juvenile offender supervision.
20For children on aftercare, corrective sanctions or serious juvenile offender
21supervision, the delinquent act referred to in this section may be the act for which
22the child was placed in a secured correctional facility.
AB150-engrossed,846,424
48.21
(3) (d) Prior to the commencement of the hearing, the parent, guardian
25or legal custodian shall be informed by the court of the allegations that have been
1made or may be made, the nature and possible consequences of this hearing as
2compared to possible future hearings,
the right to counsel under s. 48.23 regardless
3of ability to pay, the right to confront and cross-examine witnesses and the right to
4present witnesses.
AB150-engrossed,846,127
48.22
(7) (a) No person may establish a shelter care facility without first
8obtaining a license under s. 48.66 (1).
To obtain a license under s. 48.66 (1) to operate
9a shelter care facility, a person must meet the minimum requirements for a license
10established by the department under s. 48.67 and pay the license fee under par. (b).
11A license issued under s. 48.66 (1) to operate a shelter care facility is valid for 2 years
12after the date of issuance, unless sooner revoked or suspended.
AB150-engrossed,846,2114
48.22
(7) (b) Before the department may issue a license under s. 48.66 (1) to
15operate a shelter care facility, the shelter care facility must pay to the department
16a biennial fee of $50, plus a biennial fee of $15 per child, based on the number of
17children that the shelter care facility is licensed to serve. A shelter care facility that
18wishes to renew a license issued under s. 48.66 (1) shall pay the fee under this
19paragraph by the renewal date of the license. A new shelter care facility shall pay
20the fee under this paragraph by no later than 30 days before the opening of the
21shelter care facility.
AB150-engrossed,847,223
48.22
(7) (c) A shelter care facility that wishes to renew a license issued under
24s. 48.66 (1) and that fails to pay the fee under par. (b) by the renewal date of the
25license or a new shelter care facility that fails to pay the fee under par. (b) by 30 days
1before the opening of the shelter care facility shall pay an additional fee of $5 per day
2for every day after the deadline that the facility fails to pay the fee.
AB150-engrossed, s. 2442m
3Section 2442m. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
4377, 385 and 491, is amended to read:
AB150-engrossed,847,115
48.23
(1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure
6detention facility shall be represented by counsel at all stages of the proceedings, but
7a child 15 years of age or older may waive counsel if the court is satisfied that the
8waiver is knowingly and voluntarily made and the court accepts the waiver. If the
9waiver is accepted, the court may not place the child in a secured correctional facility
,
10transfer legal custody of the child to the department of corrections for participation
11in the youthful offender program or transfer jurisdiction over the child to adult court.
AB150-engrossed, s. 2442p
12Section 2442p. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
13377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
14read:
AB150-engrossed,847,2215
48.23
(1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure
16detention facility shall be represented by counsel at all stages of the proceedings, but
17a child 15 years of age or older may waive counsel if the court is satisfied that the
18waiver is knowingly and voluntarily made and the court accepts the waiver. If the
19waiver is accepted, the court may not place the child in a secured correctional facility,
20transfer supervision of the child to the department of corrections for participation in
21the serious juvenile offender program or transfer jurisdiction over the child to adult
22court.
AB150-engrossed,848,10
148.23
(2) Right of parents to counsel. Whenever a child is
alleged to be in need
2of protection or services under s. 48.13, or is the subject of a proceeding involving a
3contested adoption or the involuntary termination of parental rights, any parent
4under 18 years of age who appears before the court shall be represented by counsel;
5but no such parent may waive counsel. A minor parent petitioning for the voluntary
6termination of parental rights shall be represented by a guardian ad litem. If a
7proceeding involves a contested adoption or the involuntary termination of parental
8rights, any parent 18 years old or older who appears before the court shall be
9represented by counsel; but the parent may waive counsel provided the court is
10satisfied such waiver is knowingly and voluntarily made.
AB150-engrossed,848,1713
48.23
(3) Power of the court to appoint counsel. At Except in proceedings
14under s. 48.13, at any time, upon request or on its own motion, the court may appoint
15counsel for the child or any party, unless the child or the party has or wishes to retain
16counsel of his or her own choosing.
The court may not appoint counsel for any party
17other than the child in a proceeding under s. 48.13.
AB150-engrossed,849,719
48.235
(8) Compensation. On order of the court, the guardian ad litem
20appointed under this chapter shall be allowed reasonable compensation to be paid
21by the county of venue, except that compensation shall be paid by the proposed
22adoptive parents in uncontested termination proceedings and uncontested adoption
23cases under ss. 48.835 and 48.837 and by the agency in uncontested termination
24proceedings and uncontested adoptions under s. 48.833. If the proposed adoptive
25parents are unable to pay, the court may direct that the county of venue pay the
1compensation, in whole or in part, and may direct that the proposed adoptive parents
2reimburse the county, in whole or in part, for the payment. If the court orders a
3county to pay the compensation of the guardian ad litem, the amount ordered may
4not exceed the compensation paid to private attorneys under s. 977.08 (4m)
(b). At
5any time before the final order for adoption, the court may order that payments be
6placed in an escrow account in an amount estimated to be sufficient to pay the
7compensation of the guardian ad litem.
AB150-engrossed,849,109
48.243
(1) (b) The nature and possible consequences of the proceedings
10including the provisions of ss. 48.17
, and 48.18
and 48.366 if applicable;
AB150-engrossed,849,1212
48.243
(1) (e) The right
of the child to counsel under s. 48.23;
AB150-engrossed,849,1914
48.255
(1) (intro.) A petition initiating proceedings under this chapter
, other
15than a petition initiating proceedings under s. 48.12 or 48.13 (12), shall be entitled,
16"In the interest of (child's name), a person under the age of 18"
, and. A petition
17initiating proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest
18of (child's name), a person under the age of 17". A petition initiating proceedings
19under this chapter shall set forth with specificity:
AB150-engrossed,849,2221
48.27
(4) (b) Advise the child
and any other party, if applicable, of his or her
22right to legal counsel regardless of ability to pay.
AB150-engrossed,850,824
48.275
(2) (a) If this state or a county provides legal counsel to a child subject
25to a proceeding under s. 48.12 or 48.13, the court shall order the child's parent
to
1provide a statement of income, assets and living expenses to the county department
2and shall order that parent to reimburse the state or county in accordance with par.
3(b) or (c). The court may not order reimbursement if a parent is the complaining or
4petitioning party or if the court finds that the interests of the parent and the interests
5of the child in the proceeding are substantially and directly adverse and that
6reimbursement would be unfair to the parent. The court may not order
7reimbursement until the completion of the proceeding or until the state or county is
8no longer providing the child with legal counsel in the proceeding.
AB150-engrossed,850,1810
48.275
(2) (b) If this state provides the child with legal counsel and the court
11orders reimbursement under par. (a), the
county department shall child's parent may
12request the state public defender to determine whether the parent is indigent as
13provided under s. 977.07 and
shall to determine the amount of reimbursement. If
14the parent is found not to be indigent, the amount of reimbursement shall be the
15maximum amount established by the public defender board. If the parent is found
16to be indigent in part, the amount of reimbursement shall be the amount of partial
17payment determined in accordance with the rules of the public defender board under
18s. 977.02 (3).
AB150-engrossed,851,220
48.275
(2) (d) Reimbursement payments shall be made to the clerk of courts
21of the county where the proceedings took place. Each payment shall be transmitted
22to the county treasurer, who shall deposit
50% 25% of the amount paid for
23state-provided counsel in the county treasury and transmit the remainder to the
24state treasurer
for deposit. Payments transmitted to the state treasurer shall be
25deposited in the general fund
and credited to the appropriation account under s.
120.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for
2county-provided counsel in the county treasury.
AB150-engrossed,851,184
48.30
(6) If a petition is not contested, the court shall set a date for the
5dispositional hearing which allows reasonable time for the parties to prepare but is
6no more than 10 days from the plea hearing for the child who is held in secure custody
7and no more than 30 days from the plea hearing for a child who is not held in secure
8custody. If it appears to the court that disposition of the case may include placement
9of the child outside the child's home, the court shall order the child's parent to provide
10a statement of income, assets, debts and living expenses to the court or the
11designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
12dispositional hearing or as otherwise ordered by the court. The clerk of court shall
13provide, without charge, to any parent ordered to provide a statement of income,
14assets, debts and living expenses a document setting forth the percentage standard
15established by the department
of revenue under s.
46.25 73.25 (9) and listing the
16factors that a court may consider under s. 46.10 (14) (c). If all parties consent the
17court may proceed immediately with the dispositional hearing. If a citation is not
18contested, the court may proceed immediately to enter a dispositional order.
AB150-engrossed,852,820
48.31
(7) At the close of the fact-finding hearing, the court shall set a date for
21the dispositional hearing which allows a reasonable time for the parties to prepare
22but is no more than 10 days from the fact-finding hearing for a child in secure custody
23and no more than 30 days from the fact-finding hearing for a child not held in secure
24custody. If it appears to the court that disposition of the case may include placement
25of the child outside the child's home, the court shall order the child's parent to provide
1a statement of income, assets, debts and living expenses to the court or the
2designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
3dispositional hearing or as otherwise ordered by the court. The clerk of court shall
4provide, without charge, to any parent ordered to provide a statement of income,
5assets, debts and living expenses a document setting forth the percentage standard
6established by the department
of revenue under s.
46.25 73.25 (9) and listing the
7factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the
8court may immediately proceed with a dispositional hearing.
AB150-engrossed,852,1310
48.33
(1) Report required. (intro.) Before the disposition of a child adjudged
11to be delinquent or in need of protection or services the court shall designate an
12agency
, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the
13following:
AB150-engrossed,852,2517
48.33
(3r) Serious juvenile offender report. If a child 14 years of age or over
18has been adjudicated delinquent for committing a violation specified in s. 48.34 (4h)
19(a), the report shall be submitted in writing by the department of corrections and, in
20addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable,
21shall include an analysis of the child's suitability for placement in the serious
22juvenile offender program under s. 48.34 (4h) or in a secured correctional facility
23under s. 48.34 (4m), a placement specified in s. 48.34 (3) or placement in the child's
24home with supervision and community-based programming and a recommendation
25as to the type of placement for which the child is best suited.
AB150-engrossed,853,73
48.34
(2) Place the child under supervision of an agency, the department
of
4corrections, if the department
of corrections approves, or a suitable adult, including
5a friend of the child, under conditions prescribed by the judge including reasonable
6rules for the child's conduct, designed for the physical, mental and moral well-being
7and behavior of the child.
AB150-engrossed,853,1510
48.34
(2m) Place the child in his or her home under the supervision of an
11agency
, as defined under s. 48.38 (1) (a) or the department of health and social
12services, if that department approves, and order the agency
or department to provide
13specified services to the child and the child's family, which may include but are not
14limited to individual or group counseling, homemaker or parent aide services, respite
15care, housing assistance, day care or parent skills training.
AB150-engrossed,853,2518
48.34
(2m) Place the child in the child's home under the supervision of an
19agency, the department of health and social services, if the child is in need of
20protection or services and that department approves, or the department of
21corrections, if the child is delinquent and that department approves, and order the
22agency or department to provide specified services to the child and the child's family,
23which may include but are not limited to individual, family or group counseling,
24homemaker or parent aide services, respite care, housing assistance, day care or
25parent skills training.
AB150-engrossed,854,52
48.34
(3g) If the judge places the child in the community under sub. (2m), (2r),
3(3) or (10), the judge may order the child to be monitored Monitoring by an electronic
4monitoring system
for a child subject to an order under sub. (2m), (2r), (3), (4n) or (10)
5who is placed in the community.
AB150-engrossed, s. 2453p
6Section 2453p. 48.34 (3g) of the statutes, as affected by 1995 Wisconsin Act
7.... (this act), is repealed and recreated to read:
AB150-engrossed,854,98
48.34
(3g) Monitoring by an electronic monitoring system for a child subject
9to an order under sub. (2m), (2r), (3), (4h), (4n) or (10) who is placed in the community.
AB150-engrossed,854,1413
48.34
(4h) Place the child in the serious juvenile offender program under s.
1448.538, but only if all of the following apply:
AB150-engrossed,854,1815
(a) The child is 14 years of age or over and has been adjudicated delinquent for
16committing a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05,
17940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
18(1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36.
AB150-engrossed,854,2119
(b) The judge finds that the only other disposition that would be appropriate
20for the child would be placement of the child in a secured correctional facility under
21sub. (4m).
AB150-engrossed,854,2524
48.34
(4m) (intro.) Place the child in a secured correctional facility under the
25supervision of the department
of corrections, but only if
all of the following apply:
AB150-engrossed,855,42
48.34
(4m) (a) The child has been found to be delinquent for the commission
3of an act which if committed by an adult would be punishable by a sentence of 6
4months or more
; and.
AB150-engrossed,855,117
48.34
(4n) (intro.) Subject to
s. 48.532 (3) and to any arrangement between the
8department and a county department regarding the provision of aftercare
9supervision for children, designate one of the following to provide aftercare
10supervision for the child following the child's release from a secured correctional
11facility:
AB150-engrossed, s. 2461m
12Section 2461m. 48.34 (4n) (intro.) of the statutes, as affected by 1995
13Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-engrossed,855,1814
48.34
(4n) (intro.) Subject to s. 48.532 (3) and to any arrangement between
15the department of corrections and a county department regarding the provision of
16aftercare supervision for children, designate one of the following to provide aftercare
17supervision for the child following the child's release from a secured correctional
18facility:
AB150-engrossed,855,2121
48.34
(4n) (a) The department
of corrections.
AB150-engrossed,855,2523
48.34
(10) (a) The judge may order that a child
, on attaining 17
or more years
24of age
, be allowed to live independently, either alone or with friends, under such
25supervision as the judge deems appropriate.
AB150-engrossed, s. 2464m
1Section 2464m. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin
2Acts 377, 385 and 491, is amended to read:
AB150-engrossed,856,43
48.345
(1) (a) Place the child in a secured correctional facility
or transfer the
4custody of the child to the department of corrections.
AB150-engrossed, s. 2464p
5Section 2464p. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin
6Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated
7to read:
AB150-engrossed,856,98
48.345
(1) (a) Place the child in the serious juvenile offender program or in a
9secured correctional facility.
AB150-engrossed,856,1511
48.35
(1) (c) Disposition by the court assigned to exercise jurisdiction under this
12chapter of any allegation under s. 48.12 shall bar any future proceeding on the same
13matter in criminal court when the child reaches the age of
18 17. This paragraph
14does not affect proceedings in criminal court which have been transferred under s.
1548.18.
AB150-engrossed, s. 2465m
16Section 2465m. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
17Acts 377, 385 and 491, is amended to read:
AB150-engrossed,857,418
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
19this section shall terminate at the end of one year unless the judge specifies a shorter
20period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
21at the end of one year unless the judge specifies a shorter period of time. No extension
22under s. 48.365 of an original dispositional order may be granted for a child
whose
23legal custody has been transferred to the department of corrections under s. 48.34
24(4g) or who is under the supervision of the department
of health and social services 25under s. 48.34 (4m) or (4n) or under the supervision of a county department under
1s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional
2order terminates. Any order made before the child reaches the age of majority shall
3be effective for a time up to one year after its entry unless the judge specifies a shorter
4period of time.
AB150-engrossed, s. 2465n
5Section 2465n. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
6Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), section 2465m, is
7amended to read:
AB150-engrossed,857,188
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
9this section shall terminate at the end of one year unless the judge specifies a shorter
10period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
11at the end of one year unless the judge specifies a shorter period of time. No extension
12under s. 48.365 of an original dispositional order may be granted for a child whose
13legal custody has been transferred to the department of corrections under s. 48.34
14(4g) or who is under the supervision of the department under s. 48.34 (4m) or (4n)
15or under the supervision of a county department under s. 48.34 (4n) if the child is
18 1617 years of age or older when the original dispositional order terminates. Any order
17made before the child reaches the age of majority shall be effective for a time up to
18one year after its entry unless the judge specifies a shorter period of time.
AB150-engrossed, s. 2465p
19Section 2465p. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
20Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), sections 2465m and
212465n, is repealed and recreated to read:
AB150-engrossed,858,622
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
23this section shall terminate at the end of one year unless the judge specifies a shorter
24period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
25at the end of one year unless the judge specifies a shorter period of time. No extension
1under s. 48.365 of an original dispositional order may be granted for a child who is
2under the supervision of the department of corrections under s. 48.34 (4h), (4m) or
3(4n) or under the supervision of a county department under s. 48.34 (4n) if the child
4is 17 years of age or older when the original dispositional order terminates. Any
5order made before the child reaches the age of majority shall be effective for a time
6up to one year after its entry unless the judge specifies a shorter period of time.
AB150-engrossed,858,169
48.355
(4) (b)
An order under s. 48.34
(4g) or (4m) for which a child has been
10adjudicated delinquent is subject to par. (a), except that the judge may make
an order
11under s. 48.34 (4m) the order apply for up to 2 years or until the child's 19th birthdate,
12whichever is earlier
, and the judge shall make an order under s. 48.34 (4g) apply for
135 years, if the child is adjudicated delinquent for committing an act that would be
14punishable as a Class B, C or D felony if committed by an adult, or until the child
15reaches 25 years of age, if the child is adjudicated delinquent for committing an act
16that would be punishable as a Class A felony if committed by an adult.