AB532: Bill Text

AB532,28,15 (b) Observe the juvenile who is the subject of the proceeding and the juvenile's living environment and, if the juvenile is old enough to communicate, interview the juvenile; interview the parent, guardian, legal custodian or other caregiver of the juvenile and observe that person's living environment; and interview any other person who might possess any information relating to the juvenile and the juvenile's family that is relevant to the subject of the proceeding. A court-appointed special advocate may observe or interview the juvenile at any location without the permission of the juvenile's parent, guardian, legal custodian or other caregiver if necessary to obtain any information that is relevant to the subject of the proceeding, except that a court-appointed special advocate may enter a juvenile's home only with the permission of the juvenile's parent, guardian, legal custodian or other caregiver or after obtaining a court order permitting the court-appointed special advocate to do so. A court-appointed special advocate who obtains any information under this paragraph shall keep the information confidential and may disclose that information only to the court. If a court-appointed special advocate discloses any information to the court under this paragraph, the court-appointed special advocate shall also disclose that information to all parties to the proceeding.

AB532,28,21 (5) Immunity from liability. A volunteer court-appointed special advocate designated under sub. (1) or an employe of a court-appointed special advocate program recognized under s. 938.07 (5) is immune from civil liability for any act or omission of the volunteer or employe occurring while acting within the scope of his or her activities and authority as a volunteer court-appointed special advocate or employe of a court-appointed special advocate program.

AB532, s. 33 Section 33. 938.27 (3) (a) 1. of the statutes is amended to read:

AB532,29,10 938.27 (3) (a) 1. The court shall also notify, under s. 938.273, the juvenile, any parent, guardian and legal custodian of the juvenile, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile and any person specified in par. (b) or (c), if applicable, of all hearings involving the juvenile under this subchapter, except hearings on motions for which notice need only be provided to the juvenile and his or her counsel. Where parents entitled to notice have the same place of residence, notice to one shall constitute notice to the other. The first notice to any interested party, foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) shall be written and may have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.

AB532, s. 34 Section 34. 938.27 (3) (c) of the statutes is created to read:

AB532,29,19 938.27 (3) (c) If the petition that was filed relates to facts concerning a situation under s. 938.13 (4), (6), (6m) or (7), the court shall also notify, under s. 938.273, the court-appointed special advocate for the juvenile of all hearings involving the juvenile. The first notice to a court-appointed special advocate shall be written and shall have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time that notice was given and the person to whom he or she spoke.

AB532, s. 35 Section 35. 938.293 (1) of the statutes is amended to read:

AB532,30,3 938.293 (1) Copies of all law enforcement officer reports, including but not limited to the officer's memorandum and witnesses' statements, shall be made available upon request to counsel or guardian ad litem for any party and to the court-appointed special advocate for the juvenile prior to a plea hearing. The reports shall be available through the representative of the public designated under s. 938.09. The juvenile, through counsel or guardian ad litem, is the only party who shall have access to the reports in proceedings under s. 938.12, 938.125 or 938.13 (12). The identity of a confidential informant may be withheld pursuant to s. 905.10.

AB532, s. 36 Section 36. 938.293 (2) of the statutes is amended to read:

AB532,30,17 938.293 (2) All records relating to a juvenile which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party and to inspection by the court-appointed special advocate for the juvenile, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel, a guardian ad litem or a court-appointed special advocate not to disclose specified items in the materials to the juvenile or the parent if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Sections 971.23 and 972.11 (5) shall be applicable in all delinquency proceedings under this chapter, except that the court shall establish the timetable for the disclosures required under ss. 971.23 (1), (2m) and (8) and 972.11 (5).

AB532, s. 37 Section 37. 938.295 (2) (b) of the statutes is amended to read:

AB532,31,14 938.295 (2) (b) The examiner shall file a report of the examination with the court by the date specified in the order. The court shall cause copies to be transmitted to the district attorney or corporation counsel and, to the juvenile's counsel or guardian ad litem and, if applicable, to the juvenile's court-appointed special advocate. The report shall describe the nature of the examination and identify the persons interviewed, the particular records reviewed and any tests administered to the juvenile. If the examination is ordered following a plea under s. 938.30 (4) (c), the report shall also contain an opinion regarding whether the juvenile suffered from mental disease or defect at the time of the commission of the act alleged in the petition and, if so, whether this caused the juvenile to lack substantial capacity to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law. If the examination is ordered following a finding that there is probable cause to believe that the juvenile has committed the alleged offense and that there is reason to doubt the juvenile's competency to proceed, the report shall also contain an opinion regarding the juvenile's present mental capacity to understand the proceedings and assist in his or her defense and, if the examiner reports that the juvenile lacks competency to proceed, the examiner's opinion regarding the likelihood that the juvenile, if provided treatment, may be restored to competency within the time specified in s. 938.30 (5) (e) 1. The report shall also state in reasonable detail the facts and reasoning upon which the examiner's opinions are based.

AB532, s. 38 Section 38. 938.299 (1) (a) of the statutes is amended to read:

AB532,32,2 938.299 (1) (a) Except as provided in par. (ar), the general public shall be excluded from hearings under this chapter unless a public fact-finding hearing is demanded by a juvenile through his or her counsel. The court shall refuse to grant the public hearing, however, if the victim of an alleged sexual assault objects or, in a nondelinquency proceeding, if a parent or guardian objects. If a public hearing is not held, only the parties, and their counsel or guardian ad litem, the court -appointed special advocate for the juvenile, witnesses, a representative of the news media who wishes to attend the hearing for the purpose of reporting news without revealing the identity of the juvenile involved and other persons requested by a party and approved by the court may be present. Any other person the court finds to have a proper interest in the case or in the work of the court, including a member of the bar, may be admitted by the court.

AB532, s. 39 Section 39. 938.32 (1) (a) of the statutes is amended to read:

AB532,32,16 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement or in a youth village program as described in s. 118.42. The court may establish terms and conditions applicable to the parent, guardian or legal custodian, and to the juvenile, including any of the conditions specified in subs. (1b), (1d), (1g), (1m), (1t), (1v) and (1x). The order under this section shall be known as a consent decree and must be agreed to by the juvenile; the parent, guardian or legal custodian; and the person filing the petition under s. 938.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 938.361. The consent decree shall be reduced to writing and given to the parties.

AB532, s. 40 Section 40. 938.32 (1b) of the statutes is created to read:

AB532,32,23 938.32 (1b) If the petition alleges that the juvenile is in need of protection or services under s. 938.13 (4), (6), (6m) or (7), the judge or juvenile court commissioner may, as a condition under sub. (1), request a court-appointed special advocate program to designate a court-appointed special advocate for the juvenile to perform the activities specified in s. 938.236 (3). A court-appointed special advocate designated under this subsection shall have the authority specified in s. 938.236 (4).

AB532, s. 41 Section 41. 938.32 (2) (c) of the statutes is amended to read:

AB532,33,12 938.32 (2) (c) Upon the motion of the court or the application of the juvenile, parent, guardian, legal custodian, intake worker or any agency supervising the juvenile under the consent decree, the court may, after giving notice to the parties to the consent decree and, their counsel or guardian ad litem and the court-appointed special advocate for the juvenile, if any, extend the decree for up to an additional 6 months or, if the consent decree places the juvenile in a youth village program as described in s. 118.42, for up to an additional one year in the absence of objection to extension by the parties to the initial consent decree. If the parent, guardian or legal custodian objects to the extension, the court shall schedule a hearing and make a determination on the issue of extension. A consent decree placing a juvenile in a youth village program as described in s. 118.42 may be extended no more than twice.

AB532, s. 42 Section 42. 938.345 (3) of the statutes is created to read:

AB532,33,20 938.345 (3) If the court finds that a juvenile is in need of protection or services under s. 938.13 (4), (6), (6m) or (7), the court, instead of or in addition to any other disposition that may be imposed under sub. (1), may place the juvenile as provided in s. 938.34 (2) (a) or (b) and request a court-appointed special advocate program to designate a court-appointed special advocate for the juvenile to perform the activities specified in s. 938.236 (3). A court-appointed special advocate designated under this subsection shall have the authority specified in s. 938.236 (4).

AB532, s. 43 Section 43. 938.355 (2) (d) of the statutes is amended to read:

AB532,34,2 938.355 (2) (d) The court shall provide a copy of the dispositional order to the juvenile's parent, guardian or trustee and to the juvenile through the juvenile's counsel or guardian ad litem. In addition, the court shall provide a copy of a dispositional order relating to a juvenile in need of protection or services under s. 938.13 (4), (6), (6m) or (7) to the juvenile's court-appointed special advocate.

AB532, s. 44 Section 44. 938.355 (2e) (c) of the statutes is amended to read:

AB532,34,8 938.355 (2e) (c) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the juvenile's parent or guardian, to the juvenile or the juvenile's counsel or guardian ad litem, to the juvenile's court-appointed special advocate and to the person representing the interests of the public.

AB532, s. 45 Section 45. 938.355 (6) (b) of the statutes is amended to read:

AB532,34,18 938.355 (6) (b) A motion for imposition of a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the district attorney or corporation counsel or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, court-appointed special advocate, parent, guardian, legal custodian and all parties present at the original dispositional hearing. The motion shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

AB532, s. 46 Section 46. 938.355 (6m) (b) of the statutes is amended to read:

AB532,35,2 938.355 (6m) (b) A motion for the imposition of a sanction under par. (a) or (ag) may be brought by the person or agency primarily responsible for providing dispositional services to the juvenile, the district attorney, the corporation counsel or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, court-appointed special advocate, parent, guardian, legal custodian and all parties present at the original dispositional hearing.

AB532, s. 47 Section 47. 938.357 (1) of the statutes is amended to read:

AB532,36,2 938.357 (1) The person or agency primarily responsible for implementing the dispositional order or the district attorney may request a change in the placement of the juvenile, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the juvenile or the juvenile's counsel or guardian ad litem, the parent, guardian and legal custodian of the juvenile, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), guardian and legal custodian of the juvenile and the juvenile's court-appointed special advocate. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the specific foster or treatment foster placement under s. 938.355 (2) (b) 2., other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements shall may not be changed until 10 days after such notice is sent to the court unless the parent, guardian or legal custodian and the juvenile, if 12 or more years of age, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order.

AB532, s. 48 Section 48. 938.357 (2m) of the statutes is amended to read:

AB532,36,23 938.357 (2m) The juvenile, the parent, guardian or legal custodian of the juvenile or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which affects the advisability of the current placement. This request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion. The court shall hold a hearing on the matter prior to ordering any change in placement under this subsection if the request states that new information is available which affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all parties persons entitled to receive notice under sub. (1), other than a court-appointed special advocate, and the court approves. If a hearing is scheduled, the court shall notify the juvenile, the parent, guardian and legal custodian of the juvenile, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile, the juvenile's court-appointed special advocate and all parties who are bound by the dispositional order at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all the parties consent, the court may proceed immediately with the hearing.

AB532, s. 49 Section 49. 938.363 (1) of the statutes is amended to read:

AB532,38,6 938.363 (1) A juvenile, the juvenile's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the juvenile, the juvenile's parent, guardian and legal custodian, all parties bound by the dispositional order, the juvenile's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), the juvenile's court-appointed special advocate and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under s. 938.34 (3) (f) or (6) (am) to impose more than 30 days of detention, nonsecure custody or inpatient treatment on a juvenile.

AB532, s. 50 Section 50. 938.365 (2) of the statutes is amended to read:

AB532,38,14 938.365 (2) No order may be extended without a hearing. The court shall notify the juvenile or the juvenile's guardian ad litem or counsel, the juvenile's parent, guardian, and legal custodian, all of the parties present at the original hearing, the juvenile's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), the juvenile's court-appointed special advocate and the district attorney or corporation counsel in the county in which the dispositional order was entered of the time and place of the hearing.

AB532, s. 51 Section 51. 938.38 (5) (b) of the statutes is amended to read:

AB532,39,4 938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile if he or she is 10 years of age or older and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility in which the juvenile is living of the date, time and place of the review, of the issues to be determined as part of the review, of the fact that they may have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel and, the juvenile's guardian ad litem and the juvenile's court-appointed special advocate of the date of the review, of the issues to be determined as part of the review and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.

AB532, s. 52 Section 52. 938.38 (5) (d) of the statutes is amended to read:

AB532,39,17 938.38 (5) (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the person representing the interests of the public, the juvenile's counsel and, the juvenile's guardian ad litem and the juvenile's court-appointed special advocate a copy of the permanency plan and any written comments submitted under par. (b). Notwithstanding s. 938.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the juvenile's counsel and, the juvenile's guardian ad litem and the juvenile's court-appointed special advocate may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.

AB532, s. 53 Section 53. 938.38 (5) (e) of the statutes is amended to read:

AB532,40,2 938.38 (5) (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order, the juvenile or the juvenile's counsel or guardian ad litem, the person representing the interests of the public, the juvenile's parent or guardian, the juvenile's court-appointed special advocate and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility where the juvenile is living.

AB532,40,3 (End)