SB501, s. 20 10Section 20. 48.09 (5) of the statutes is amended to read:
SB501,37,311 48.09 (5) By the district attorney or, if designated by the county board of
12supervisors, by the corporation counsel, in any matter arising under s. 48.13 or
1348.977
. If the county board transfers this authority to or from the district attorney

1on or after May 11, 1990, the board may do so only if the action is effective on
2September 1 of an odd-numbered year and the board notifies the department of
3administration of that change by January 1 of that odd-numbered year.
Note: Provides that the district attorney or, if designated by the county board, the
corporation counsel, shall represent the interests of the public in guardianship
proceedings under s. 48.977, stats., as created in this bill. [Under current s. 48.09 (6),
stats., a county board also has authority to designate any other appropriate person to
represent the interests of the public in such matters.]
SB501, s. 21 4Section 21. 48.13 (3) of the statutes is amended to read:
SB501,37,75 48.13 (3) Who has been the victim of sexual or physical abuse, as defined in s.
648.02 (1) (a), (b), (c), (d), (e) or (f),
including injury which that is self-inflicted or
7inflicted by another by other than accidental means;
Note: Current law does not define sexual or physical abuse for purposes of CHIPS
jurisdiction. This bill provides a definition of "abuse" for purposes of CHIPS jurisdiction
by cross-referencing the paragraphs in the definition of "abuse" in s. 48.02 (1) (a) to (f),
stats., as created by this bill, which include "physical injury" [as defined in s. 48.02 (14m),
stats., as created by this bill], including a provision that the "physical injury" be inflicted
by other than accidental means, and which list various sex crimes.
SB501, s. 22 8Section 22. 48.13 (3m) of the statutes is amended to read:
SB501,37,139 48.13 (3m) Who is at substantial risk of becoming the victim of sexual or
10physical
abuse, as defined in s. 48.02 (1) (a), (b), (c), (d), (e) or (f), including injury that
11is self-inflicted or inflicted by another by other than accidental means, based on
12reliable and credible information that another child in the home has been the victim
13of sexual or physical such abuse;
Note: Current law does not define sexual or physical abuse for purposes of CHIPS
jurisdiction. This bill provides a definition of "abuse" for purposes of CHIPS jurisdiction
by cross-referencing the paragraphs in the definition of "abuse" in s. 48.02 (1) (a) to (f),
stats., as created by this bill, which include "physical injury" [as defined in s. 48.02 (14m),
stats., as created by this bill], including a provision that the "physical injury" be inflicted
by other than accidental means, and which list various sex crimes.
SB501, s. 23 14Section 23. 48.13 (4) of the statutes, as affected by 1995 Wisconsin Act 77, is
15amended to read:
SB501,38,3
148.13 (4) Whose parent or guardian signs the petition requesting jurisdiction
2under this subsection and states that he or she is unable or needs assistance to care
3for or provide necessary special treatment or care for the child;
Note: Amends this ground for CHIPS jurisdiction as follows:
1. In addition to providing a ground for jurisdiction if a parent or guardian is
unable to care for or provide necessary special treatment or care for a child, provides a
ground for jurisdiction if the parent or guardian needs assistance in doing so.
2. Provides that this ground for jurisdiction is not established simply by the
parent's or guardian's statement that he or she is unable to care for or provide necessary
special treatment or care for a child but, rather, is established only if the parent or
guardian proves that he or she is unable or needs assistance to do so.
SB501, s. 24 4Section 24. 48.13 (9) of the statutes is amended to read:
SB501,38,85 48.13 (9) Who is at least age 12, signs the petition requesting jurisdiction under
6this subsection
and attests in court that he or she is in need of special care and
7treatment or care which the parent, guardian or legal custodian is unwilling,
8neglecting, unable or needs assistance
to provide;
Note: 1. Provides a ground for CHIPS jurisdiction if a child 12 years of age or over
signs the petition and the parent, guardian or legal custodian is unwilling, neglecting,
unable
or needs assistance to provide needed special treatment or care rather than being
unwilling to do so.
2. Changes the phrase "special care or treatment" to "special treatment or care"
which is currently defined in s. 48.02 (17m), stats.
SB501, s. 25 9Section 25. 48.13 (11) of the statutes is amended to read:
SB501,38,1310 48.13 (11) Who is suffering emotional damage for which the parent or, guardian
11is unwilling or legal custodian is neglecting, refusing or unable to provide treatment,
12which is evidenced by one or more of the following characteristics, exhibited to a
13severe degree: anxiety, depression, withdrawal or outward aggressive behavior
;
Note: Makes the following changes:
1. Deletes from this ground for CHIPS jurisdiction the requirements that
"emotional damage" be evidenced by anxiety, depression, withdrawal or outward
aggressive behavior exhibited to a severe degree. The definition of "emotional damage"
in s. 48.02 (5j), stats., as created by this bill, includes a provision that these characteristics
must be exhibited to a substantial degree but also defines as "emotional damage" a
"substantial and observable change in behavior, emotional response or cognition that is
not within the normal range for the child's age and stage of development".
2. Adds grounds for jurisdiction over a child who is suffering emotional damage if
a parent or guardian is neglecting, refusing or unable to provide treatment rather than
merely being unwilling to do so.

3. Adds grounds for jurisdiction over a child who is suffering emotional damage if
a legal custodian is neglecting, refusing or unable to provide treatment.
SB501, s. 26 1Section 26. 48.13 (11m) of the statutes is amended to read:
SB501,39,42 48.13 (11m) Who is suffering from an alcohol and other drug abuse
3impairment, exhibited to a severe degree, for which the parent or, guardian or legal
4custodian
is unwilling neglecting, refusing or unable to provide treatment;
Note: 1. Adds grounds for CHIPS jurisdiction if a child is suffering from an alcohol
or other drug abuse impairment if a parent or guardian is neglecting, refusing or unable
to provide treatment rather than being unwilling to do so.
2. Adds grounds for jurisdiction for alcohol or other drug abuse impairment if a
legal custodian is neglecting, refusing or unable to provide treatment.
SB501, s. 27 5Section 27. 48.14 (2) (b) of the statutes is amended to read:
SB501,39,96 48.14 (2) (b) The appointment and removal of a guardian of the person for a
7child under ss. 48.427, 48.428, 48.43, 48.831, 48.832 and , 48.839 (4) (a) and 48.977
8and ch. 880 and for a child found to be in need of protection or services under s. 48.13
9because the child is without parent or guardian.
Note: Section 48.14 (2) (b), stats., sets forth a list of matters over which the juvenile
court has exclusive jurisdiction (no other court, for example, a regular branch of the
circuit court, can deal with these matters). Currently the juvenile court has exclusive
jurisdiction over the appointment and removal of a guardian of the person for a child
under all of the following provisions:
1. Section 48.427, stats., relating to dispositions in TPR proceedings.
2. Section 48.428, stats., relating to sustaining care.
3. Section 48.43, stats., relating to court orders in TPR cases.
4. Section 48.831, stats., relating to appointment of a guardian for a child without
a living parent for an adoptability finding.
5. Section 48.832, stats., relating to transfer of guardianship upon revocation of
a guardian's license.
6. Section 48.839 (4) (a), stats., relating to transfer of guardianship of a child from
a foreign jurisdiction if the guardian does not file a TPR or adoption petition.
7. Chapter 880, stats., the general guardianship chapter.
8. For a child adjudged CHIPS under 48.13 (1), stats., because the child is without
a parent or guardian.
This Section adds a reference to s. 48.977, stats., as created in this bill, relating
to the appointment of relatives as guardians for certain children in need of protection or
services under certain circumstances.
SB501, s. 28 10Section 28. 48.185 (1) of the statutes, as affected by 1995 Wisconsin Act 77,
11is amended to read:
SB501,40,9
148.185 (1) Venue Subject to sub. (2), venue for any proceeding under ss. 48.13,
248.135 and 48.14 (1) to (9) may be in any of the following: the county where the child
3resides, the county where the child is present or, in the case of a violation of a state
4law or a county, town or municipal ordinance, the county where the violation
5occurred. Venue for proceedings brought under subch. VIII is as provided in this
6subsection except where the child has been placed and is living outside the home of
7the child's parent pursuant to a dispositional order, in which case venue is as
8provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as provided in s.
9801.50 (5s).
SB501, s. 29 10Section 29. 48.185 (2) of the statutes is amended to read:
SB501,40,1911 48.185 (2) In an action under s. 48.41, venue shall be in the county where the
12birth parent or child resides at the time that the petition is filed. Venue for any
13proceeding under s. 48.363 or, 48.365 or 48.977, or any other proceeding under subch.
14VIII when the child has been placed outside the home pursuant to a dispositional
15order under s. 48.345, shall be in the county where the dispositional order was issued,
16unless the child's county of residence has changed, or the parent of the child has
17resided in a different county of this state for 6 months. In either case, the court may,
18upon a motion and for good cause shown, transfer the case, along with all appropriate
19records, to the county of residence of the child or parent.
Note: Amends s. 48.185 (1) and (2), stats., to provide that venue for a guardianship
proceeding as created by this bill is in the county where the CHIPS dispositional order
was issued, unless the child's county of residence has changed or the child's parent has
resided in a different county of this state for 6 months.
SB501, s. 30 20Section 30. 48.205 (1) (b) of the statutes is amended to read:
SB501,41,221 48.205 (1) (b) Probable cause exists to believe that the parent, guardian or legal
22custodian of the child or other responsible adult is neglecting, refusing, unable or
23unavailable, unwilling or unable to provide adequate supervision and care and that

1services to ensure the child's safety and well-being are not available or would be
2inadequate; or
Note: Provides that, with respect to one of the possible criteria for holding a child
in physical custody, there must be probable cause to believe that the child's parent,
guardian or legal custodian or other responsible adult is neglecting, refusing, unable or
unavailable
to provide adequate supervision and care rather than being unavailable,
unwilling or unable
to do so.
SB501, s. 31 3Section 31. 48.21 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77,
4is amended to read:
SB501,41,175 48.21 (1) (a) If a child who has been taken into custody is not released under
6s. 48.20, a hearing to determine whether the child shall continue to be held in custody
7under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile
8court commissioner within 24 48 hours of the time the decision to hold the child was
9made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing
10a petition under s. 48.25 shall be filed, except that no petition need be filed where a
11child is taken into custody under s. 48.19 (1) (b) or (d) 2. or 7. or where the child is
12a runaway from another state, in which case a written statement of the reasons for
13holding a child in custody shall be substituted if the petition is not filed. If no hearing
14has been held within 24 48 hours , excluding Saturdays, Sundays and legal holidays,
15or if no petition or statement has been filed at the time of the hearing, the child shall
16be released except as provided in par. (b). A parent not present at the hearing shall
17be granted a rehearing upon request.
Note: Provides that a detention hearing must be held within 48 hours, excluding
Saturdays, Sundays and legal holidays, after the decision was made to hold the child,
rather than 24 hours, excluding Saturdays, Sundays and legal holidays.
SB501, s. 32 18Section 32. 48.21 (1) (b) of the statutes is amended to read:
SB501,42,1019 48.21 (1) (b) If no petition has been filed by the time of the hearing, a child may
20be held in custody with approval of the judge or juvenile court commissioner for an

1additional 48 72 hours from the time of the hearing, excluding Saturdays, Sundays
2and legal holidays,
only if, as a result of the facts brought forth at the hearing, the
3judge or juvenile court commissioner determines that probable cause exists to
4believe that the child is an imminent danger to himself or herself or to others, or that
5probable cause exists to believe that the parent, guardian or legal custodian of the
6child or other responsible adult is unwilling neglecting, refusing, unable or
7unavailable to provide adequate supervision and care. The extension may be
8granted only once for any petition. In the event of failure to file a petition within the
948-hour extension period provided for in this paragraph, the judge or juvenile court
10commissioner shall order the child's immediate release from custody.
Note: Expands the 48-hour extension period to a 72-hour extension period,
excluding Saturdays, Sundays and legal holidays.
SB501, s. 33 11Section 33. 48.235 (1) (c) of the statutes is amended to read:
SB501,42,1512 48.235 (1) (c) The court shall appoint a guardian ad litem for any child who is
13the subject of a proceeding to terminate parental rights, whether voluntary or
14involuntary, and for a child who is the subject of a contested adoption proceeding and
15for a child who is the subject of a proceeding under s. 48.977
.
Note: Requires a juvenile court to appoint a guardian ad litem (GAL) for a child
who is the subject of a guardianship proceeding under s. 48.977, stats., as created by this
bill.
SB501, s. 34 16Section 34. 48.235 (3) (title) of the statutes is amended to read:
SB501,42,1717 48.235 (3) (title) Responsibilities Duties and responsibilities.
SB501, s. 35 18Section 35. 48.235 (3) of the statutes is renumbered 48.235 (3) (a).
SB501, s. 36 19Section 36. 48.235 (3) (b) of the statutes is created to read:
SB501,42,2220 48.235 (3) (b) In addition to any other duties and responsibilities required of
21a guardian ad litem, a guardian ad litem appointed for a child who is the subject of
22a proceeding under s. 48.13 shall do all of the following:
SB501,43,4
11. Personally meet with the child, personally interview the child if the child is
2old enough to communicate, determine the child's goals and concerns regarding his
3or her placement and assess the appropriateness and safety of the child's
4environment in each placement.
SB501,43,115 2. Personally, or through a trained designee, conduct, when applicable,
6interviews with the child's parents, general guardian, legal custodian, foster
7parents, caseworkers, therapists, counselors, school personnel and mental health
8professionals and, if any injuries or abuse have occurred or are alleged, review
9photographs and available videotapes or audiotapes of interviews with the child and
10contact appropriate health care facilities and health care providers for more
11information relating to those injuries or that abuse.
SB501,43,1512 3. Personally, or through a trained designee, determine whether there are
13alternatives to initial or continued out-of-home placement of the child, including
14in-home services or removal of the perpetrator of any abuse or alleged abuse from
15the child's home.
SB501,43,1816 4. Personally, or through a trained designee, identify appropriate community
17resources and advocate for those resources, when appropriate, to protect the best
18interests of the child.
SB501,43,2319 5. Make clear and specific recommendations to the court concerning the best
20interest of the child at every stage of the proceeding, including all placement
21decisions, and ask that clear and specific orders be entered for the provision of
22treatment and services for the child and his or her family and for the evaluation,
23assessment and protection of the child and his or her family.
Note: This Section sets forth specific duties and responsibilities applicable to a
guardian ad litem (GAL) appointed in a CHIPS case. Current s. 48.235 (3), stats.,
provides that a GAL must be an advocate for the best interests of "the person for whom

the appointment is made" (e.g., the child in a CHIPS case), but does not set forth in detail
any of the duties or responsibilities of the GAL in advocating for the best interests of the
child. For example, the special committee received substantial testimony that some
GALs in CHIPS cases do not meet with the child they are appointed to represent, arguing
that current law does not require, or is not clear as to requiring, such a meeting with the
child. The list of duties and responsibilities specified in this Section is not intended to
be an exhaustive list of the duties and responsibilities of GALs appointed in CHIPS cases.
SB501, s. 37 1Section 37. 48.235 (4) (a) 7g. of the statutes is created to read:
SB501,44,42 48.235 (4) (a) 7g. Petition for the appointment of a guardian under s. 48.977
3(2), the revision of a guardianship order under s. 48.977 (6) or the removal of a
4guardian under s. 48.977 (7).
Note: Permits the GAL of a child found to be in need of protection or services to
petition for the appointment of a guardian for the child under s. 48.977 (2), stats., as
created by this bill; to petition for the revision of a guardianship order under s. 48.977 (6),
stats., as created by this bill; and to petition for the removal of a guardian under s. 48.977
(7), stats., as created by this bill.
SB501, s. 38 5Section 38. 48.235 (4) (a) 7m. of the statutes is created to read:
SB501,44,76 48.235 (4) (a) 7m. Bring an action or motion for the determination of the child's
7paternity under s. 767.45.
Note: Permits the GAL of a child found to be in need of protection or services to
bring an action or motion for the determination of the child's paternity.
SB501, s. 39 8Section 39. 48.245 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 77,
9is amended to read:
SB501,44,1110 48.245 (2) (b) Informal disposition may not include any form of residential
11placement and may not exceed 6 months, except as provided under sub. (2r).
SB501, s. 40 12Section 40. 48.245 (2r) of the statutes is created to read:
SB501,45,413 48.245 (2r) If an informal disposition is based on allegations that a child is in
14need of protection or services, the intake worker may, after giving written notice to
15the child and the child's parent, guardian and legal custodian and their counsel, if
16any, extend the informal disposition for up to an additional 6 months unless the child
17or the child's parent, guardian or legal custodian objects to the extension. If the child

1or the child's parent, guardian or legal custodian objects to the extension, the intake
2worker may recommend to the district attorney or corporation counsel that a petition
3be filed under s. 48.13. An extension under this subsection may be granted only once
4for any informal disposition.
note: This Section relates to extension of an informal disposition for a child when
the informal disposition is based on allegations that the child is in need of protection or
services (CHIPS).
Under current law, a juvenile court intake worker may enter into a written
agreement which imposes an informal disposition if: (1) the intake worker determines
that the best interests of neither the child nor the public require the filing of a petition
for circumstances relating to s. 48.12 (delinquency), 48.125 (violation of a civil law or
ordinance), 48.13 (CHIPS), 48.135 (proceedings under ch. 51 (mental health act) or ch.
55 (protective services) or 48.14, stats., (other matters relating to children); (2) the facts
persuade the intake worker that jurisdiction of the juvenile court would exist if sought;
and (3) the child and the child's parent, guardian and legal custodian consent to the
informal disposition.
Under current law, an informal disposition may not exceed 6 months unless the
informal disposition is based on allegations that a child is CHIPS based on habitual
truancy. In that case, the informal disposition may not exceed one year. This bill permits
an intake worker to extend for up to an additional 6 months an informal disposition that
is based on allegations that a child is CHIPS, other than allegations that the child is
CHIPS based on habitual truancy. [The bill does not affect the provision for a one-year
informal disposition when a child is alleged to be CHIPS based on habitual truancy.]
The bill requires that the intake worker give written notice to the child and the
child's parent, guardian and legal custodian prior to extending an informal disposition.
The bill provides that the intake worker may not extend an informal disposition if the
child or the child's parent, guardian or legal custodian objects to the extension. The bill
also provides that if there is an objection to the extension, the intake worker may
recommend that a CHIPS petition be filed.
SB501, s. 41 5Section 41. 48.27 (3) (a) of the statutes is renumbered 48.27 (3) (a) 1. and
6amended to read:
SB501,46,57 48.27 (3) (a) 1. The court shall also notify, under s. 48.273, the child, any parent,
8guardian and legal custodian of the child, any foster parent, treatment foster parent
9or other physical custodian described in s. 48.62 (2) of the child
and any person
10specified in par. (b), if applicable, of all hearings involving the child except hearings
11on motions for which notice need only be provided to the child and his or her counsel.
12Where parents entitled to notice have the same place of residence, notice to one shall
13constitute notice to the other. The first notice to any interested party, foster parent,

1treatment foster parent or other physical custodian described in s. 48.62 (2)
shall be
2written and may have a copy of the petition attached to it. Thereafter, notice of
3hearings may be given by telephone at least 72 hours before the time of the hearing.
4The person giving telephone notice shall place in the case file a signed statement of
5the time notice was given and the person to whom he or she spoke.
SB501, s. 42 6Section 42. 48.27 (3) (a) 2. of the statutes is created to read:
SB501,46,137 48.27 (3) (a) 2. Failure to give notice under subd. 1. to a foster parent, treatment
8foster parent or other physical custodian described in s. 48.62 (2) does not deprive the
9court of jurisdiction in the action or proceeding. If a foster parent, treatment foster
10parent or other physical custodian described in s. 48.62 (2) is not given notice under
11subd. 1., that person may request a rehearing on the matter during the pendency of
12an order resulting from the hearing. If the request is made, the court shall order a
13rehearing.
Note: Expands current s. 48.27 (3) (a), stats., which requires, in general, notice of
all hearings under the children's code involving a child to be given to specified persons
(i.e., the child and any parent, guardian and legal custodian of the child as well as certain
persons who may be the father of the child), to require that notice to be given to the child's
foster parent, treatment foster parent or other physical custodian described in s. 48.62
(2), stats. Section 48.62 (2), stats., sets forth those persons who provide care and
maintenance for children but who are not required to obtain a foster care or treatment
foster care license (e.g., a relative of the child providing "kinship" care). The bill also
specifies that: (1) failure to give notice to a foster parent, treatment foster parent or other
physical custodian described in s. 48.62 (2), stats., does not deprive the juvenile court of
jurisdiction in the action or proceeding; and (2) if a foster parent, treatment foster parent
or other physical custodian described in s. 48.62 (2), stats., is not given the required notice
of a hearing and that person requests a rehearing on the matter during the pendency of
an order resulting from the hearing, the juvenile court must order that a rehearing on the
matter be held. Under current law, failure to give notice (or adequate notice) may result
in dismissal of an action or proceeding for lack of juvenile court jurisdiction and the
necessity of recommencing the action or proceeding, with the accompanying delays.
SB501, s. 43 14Section 43. 48.293 (4) of the statutes is created to read:
SB501,46,1715 48.293 (4) In addition to the discovery procedures permitted under subs. (1) to
16(3), the discovery procedures permitted under ch. 804 shall apply in all proceedings
17under this chapter.
Loading...
Loading...