AB920: Bill Text

AB920,40,13 b. Spouses of eligible veterans shall be given 2nd priority;.

AB920,40,14 c. Surviving spouses of eligible veterans shall be given 3rd priority ;.

AB920,40,15 d. Parents of eligible veterans shall be given 4th priority;.

Note: Section 45.37 (4) (c) 1. to 4. is a series that sets out the order of priority for admission to the veteran's home. Subdivision 5. gives authority to deviate from that order and is not properly a part of the series. Paragraph (c) is renumbered to separate subd. 5. from subds. 1. to 4. Punctuation is replaced consistent with current style.

AB920, s. 90 Section 90. 46.03 (2a) of the statutes is amended to read:

AB920,41,4 46.03 (2a) Gifts. The department may Be authorized to accept gifts, grants or donations of money or of property from private sources to be administered by the department for the execution of its functions. All moneys so received shall be paid into the general fund and are appropriated therefrom as provided in s. 20.435 (9) (i).

Note: Modifies text for sentence agreement with s. 46.03 (intro.).

AB920, s. 91 Section 91. 46.03 (4) (a) of the statutes is amended to read:

AB920,41,7 46.03 (4) (a) Develop and maintain such education and prevention programs of education and prevention as it deems that it considers to be proper.

Note: Inserts specific references for improved readability.

AB920, s. 92 Section 92. 46.03 (4) (b) 1. of the statutes is renumbered 46.03 (4) (b) and amended to read:

AB920,41,21 46.03 (4) (b) The department, in In order to discharge more effectively its responsibilities under this chapter and ch. 48 and other relevant provisions of the statutes, is be authorized to study causes and methods of prevention and treatment of mental illness, mental deficiency, mental infirmity, and related social problems, including establishment of demonstration projects to apply and evaluate such methods in actual cases. The department is directed and authorized to utilize all powers provided by the statutes, including the authority under sub. (2a), to accept grants of money or property from federal, state or private sources, and to enlist the cooperation of other appropriate agencies and state departments; it. The department may enter into agreements with local government subdivisions, departments and agencies for the joint conduct of such these projects;, and it may purchase services when deemed appropriate.

Note: Modifies text for sentence agreement with s. 46.03 (intro.). Section 46.03 (4) (b) is not divided into subdivisions. Divides long sentence and inserts specific reference for improved readability.

AB920, s. 93 Section 93. 46.22 (1) (c) 1. (intro.) and a. of the statutes are amended to read:

AB920,42,4 46.22 (1) (c) 1. (intro.) Make investigations in cooperation with the court, institution superintendent, district attorney and other agencies and officials operating in the welfare field regarding admissions to and release (or conditional release) from the following institutions:

AB920,42,6 a. `County institutions.' County Any county infirmary, home, asylum or hospital (for mental diseases, tuberculosis or otherwise) or asylum.

Note: Adds "any" for sentence agreement. Replaces parentheses for greater conformity with current style and improved readability.

AB920, s. 94 Section 94. 48.04 (1) of the statutes is renumbered 48.04.

Note: Section 48.04 is not divided into subsections.

AB920, s. 95 Section 95. 48.067 (1), (3), (4), (5), (6), (7) and (8) of the statutes are amended to read:

AB920,42,13 48.067 (1) Provide intake services 24 hours a day, 7 days a week, for the purpose of screening children taken into custody and not released under s. 48.20 (2) and the adult expectant mothers of unborn children taken into custody and not released under s. 48.203 (1);.

AB920,42,16 (3) Determine whether the child or the expectant mother of an unborn child shall be held under s. 48.205 and such policies as the judge shall promulgate under s. 48.06 (1) or (2);.

AB920,42,18 (4) If the child or the expectant mother of an unborn child is not released, determine where the child or expectant mother shall be held;.

AB920,42,20 (5) Provide crisis counseling during the intake process when such counseling appears to be necessary;.

AB920,42,23 (6) Receive referral information, conduct intake inquiries, request that a petition be filed, and enter into informal dispositions under policies promulgated under s. 48.06 (1) or (2);.

AB920,43,2 (7) Make referrals of cases to other agencies if their assistance appears to be needed or desirable;.

AB920,43,5 (8) Make interim recommendations to the court concerning children, and unborn children and their expectant mothers, awaiting final disposition under s. 48.355; and.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 96 Section 96. 48.205 (1) (a) of the statutes is amended to read:

AB920,43,8 48.205 (1) (a) Probable cause exists to believe that if the child is not held he or she will cause injury to himself or herself or be subject to injury by others;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 97 Section 97. 48.205 (1) (am) of the statutes is amended to read:

AB920,43,13 48.205 (1) (am) Probable cause exists to believe that if the child is not held he or she will be subject to injury by others, based on a determination under par. (a) or a finding under s. 48.21 (4) that if another child in the home is not held that child will be subject to injury by others;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 98 Section 98. 48.205 (1) (b) of the statutes is amended to read:

AB920,43,18 48.205 (1) (b) Probable cause exists to believe that the parent, guardian or legal custodian of the child or other responsible adult is neglecting, refusing, unable or unavailable to provide adequate supervision and care and that services to ensure the child's safety and well-being are not available or would be inadequate ; or.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 99 Section 99. 48.41 (2) (a) of the statutes is amended to read:

AB920,44,6 48.41 (2) (a) The parent appears personally at the hearing and gives his or her consent to the termination of his or her parental rights. The judge may accept the consent only after the judge has explained the effect of termination of parental rights and has questioned the parent, or has permitted an attorney who represents any of the parties to question the parent, and is satisfied that the consent is informed and voluntary; or.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 100 Section 100. 48.42 (1) (a) and (b) of the statutes are amended to read:

AB920,44,8 48.42 (1) (a) The name, birth date and address of the child;.

AB920,44,10 (b) The names and addresses of the child's parent or parents, guardian and legal custodian;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 101 Section 101. 48.42 (1) (c) (intro.) of the statutes is created to read:

AB920,44,12 48.42 (1) (c) (intro.) One of the following:

Note: The creation of s. 48.42 (1) (c) (intro.) is necessitated by the amendment of s. 48.42 (1) (c) 1.

AB920, s. 102 Section 102. 48.42 (1) (c) 1. of the statutes is amended to read:

AB920,44,15 48.42 (1) (c) 1. A statement that consent will be given to termination of parental rights as provided in s. 48.41; or.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 103 Section 103 . 48.60 (2) (a), (b) and (c) of the statutes are amended to read:

AB920,44,18 48.60 (2) (a) A relative or guardian who provides care and maintenance for such children;.

AB920,45,3 (b) A bona fide educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than 2 months of summer vacation;.

AB920,45,4 (c) A public agency;.

AB920, s. 104 Section 104 . 48.60 (2) (d) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB920,45,8 48.60 (2) (d) A hospital, maternity hospital, maternity home or nursing home licensed, approved or supervised by the department;.

Note: Sections 103 and 104 replace punctuation for internal consistency and conformity with current style.

AB920, s. 105 Section 105. 48.61 (1) to (6) of the statutes are amended to read:

AB920,45,11 48.61 (1) To accept legal or physical custody of children transferred to it by the court under s. 48.355;.

AB920,45,13 (2) To contract with any parent or guardian or other person for the supervision or care and maintenance of any child;.

AB920,45,16 (3) To provide appropriate care and training for children in its legal or physical custody and, if licensed to do so, to place children in licensed foster homes, licensed treatment foster homes and licensed group homes;.

AB920,45,18 (4) To provide for the moral and religious training of children in its legal custody according to the religious belief of the child or the child's parents;.

AB920,45,20 (5) If licensed to do so, to accept guardianship of children when appointed by the court, and to place children under its guardianship for adoption ;.

AB920,45,21 (6) To provide services to the court under s. 48.07 ;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 106 Section 106. 50.05 (9) (a) (intro.) of the statutes is amended to read:

AB920,46,4 50.05 (9) (a) (intro.) A receiver may not be required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the owners or operators of the facility if any of the following is applicable:

Note: Adds language for clarity, internal consistency and conformity with current style. See also the next Section of the bill.

AB920, s. 107 Section 107. 50.05 (9) (a) 1. of the statutes is amended to read:

AB920,46,10 50.05 (9) (a) 1. The person seeking payment under the lease, mortgage, secured transaction or other wholly or partially executory contract was an operator or controlling person of the facility or was an affiliate of an operator or controlling person at the time the lease, mortgage, secured transaction or other wholly or partially executory contract was made; or.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 108 Section 108. 50.49 (1) (b) (intro.) of the statutes is amended to read:

AB920,46,18 50.49 (1) (b) (intro.) "Home health services" means the following items and services that are furnished to an individual, who is under the care of a physician, by a home health agency or by others under arrangements with them made by such the home health agency, that are under a plan (for furnishing such those items and services to such the individual) that is established and periodically reviewed by a physician, which items and services that are, except as provided in subd. 6., provided on a visiting basis in a place of residence used as such the individual's home:

Note: Inserts specific references and deletes unnecessary parentheses for improved readability and consistency with current style.

AB920, s. 109 Section 109. 51.05 (1) (title), (2) (title), (3) (title), (3g) (title), (3m) (title) and (4) (title) of the statutes are created to read:

AB920,46,21 51.05 (1) (title) Designation.

AB920,47,1 (2) (title) Admissions authorized by counties.

AB920,47,2 (3) (title) Admissions authorized by department.

AB920,47,3 (3g) (title) Expense reduction.

AB920,47,4 (3m) (title) Revenues and expenditures; reports.

AB920,47,5 (4) (title) Transfers and discharges.

Note: The remaining subsections of s. 51.05 have titles.

AB920, s. 110 Section 110. 51.20 (2) of the statutes is renumbered 51.20 (2) (a) and amended to read:

AB920,47,14 51.20 (2) (a) Upon the filing of a petition for examination, the court shall review the petition to determine whether an order of detention should be issued. The subject individual shall be detained only if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and the individual is eligible for commitment under sub. (1) (a) or (am) based upon specific recent overt acts, attempts or threats to act or on a pattern of recent acts or omissions made by the individual.

AB920,48,10 (b) If the subject individual is to be detained, a law enforcement officer shall present the subject individual with a notice of hearing, a copy of the petition and detention order and a written statement of the individual's right to an attorney, a jury trial if requested more than 48 hours prior to the final hearing, the standard upon which he or she may be committed under this section and the right to a hearing to determine probable cause for commitment within 72 hours after the individual arrives at the facility, excluding Saturdays, Sundays and legal holidays. The officer shall orally inform the individual that he or she is being taken into custody as the result of a petition and detention order issued under this chapter. If the individual is not to be detained, the law enforcement officer shall serve these documents on the subject individual and shall also orally inform the individual of these rights. The individual who is the subject of the petition, his or her counsel and, if the individual is a minor, his or her parent or guardian, if known, shall receive notice of all proceedings under this section. The court may also designate other persons to receive notices of hearings and rights under this chapter. Any such notice may be given by telephone. 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. The notice of time and place of a hearing shall be served personally on the subject of the petition, and his or her attorney, within a reasonable time prior to the hearing to determine probable cause for commitment.

AB920,48,20 (c) If the law enforcement officer has a detention order issued by a court, or if the law enforcement officer has cause to believe that the subject individual is mentally ill, drug dependent or developmentally disabled and is eligible for commitment under sub. (1) (a) or (am), based upon specific recent overt acts, attempts or threats to act or on a pattern of omissions made by the individual, the law enforcement officer shall take the subject individual into custody. If the individual is detained by a law enforcement officer, the individual shall be orally informed of his or her rights under this section on arrival at the detention facility by the facility staff, who shall also serve all documents required by this section on the individual.

AB920,49,2 (d) Placement shall be made in a hospital which that is approved by the department as a detention facility or under contract with a county department under s. 51.42 or 51.437, approved public treatment facility, mental health institute, center for the developmentally disabled under the requirements of s. 51.06 (3), state treatment facility, or in an approved private treatment facility if the facility agrees to detain the subject individual. Upon arrival at the facility, the individual is deemed considered to be in the custody of the facility.

Note: Subdivides long provision for improved readability. Replaces disfavored term.

AB920, s. 111 Section 111. 51.20 (9) (a) of the statutes is renumbered 51.20 (9) (a) 1. and amended to read: