AB934: Bill Text

AB934, s. 159 Section 159. 46.284 (1) (c) of the statutes is amended to read:

AB934,60,2 46.284 (1) (c) Under the requirements of par. (a), a county board of supervisors may decide to apply to the department for a contract to operate a multicounty care management organization in conjunction with the county board or boards of one or more other counties or a county-tribal care management organization in conjunction with the governing body of a tribe or band or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc.

Note: Conforms capitalization to current style.

AB934, s. 160 Section 160. 46.284 (1) (d) of the statutes is amended to read:

AB934,60,8 46.284 (1) (d) Under the requirements of par. (b), the governing body of a tribe or band may decide to apply to the department for a contract to operate a care management organization in conjunction with the governing body or governing bodies of one or more other tribes or bands or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., or with a county board of supervisors.

Note: Conforms capitalization to current style.

AB934, s. 161 Section 161. 46.284 (2) (b) 1. b. of the statutes is amended to read:

AB934,60,12 46.284 (2) (b) 1. b. The governing body of a tribe or band or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., elects to operate a care management organization within the area and is certified under sub. (3).

Note: Conforms capitalization to current style.

AB934, s. 162 Section 162. 46.37 of the statutes is amended to read:

AB934,61,2 46.37 Certain water and sewerage service in Winnebago County. The department, as a member of the tri-institutional Winnebago mental health institute Mental Health Institute, Winnebago county asylum County Asylum, and Sunny View sanatorium Sanatorium sewer agreement in Winnebago county County, is authorized to furnish and charge for water and sewage sewerage services to business and dwelling units located in the privately owned area lying west of the Winnebago mental health institute Mental Health Institute and bounded on the west by the railroad properties and on the north, east, and south by the grounds of the Winnebago mental health institute Mental Health Institute, together with such any dwelling or other units as now exist or as may be erected located on the railroad railroad-owned and state owned state-owned property adjacent to this area.

Note: Substitutes the present tense "located" for "as now exist or as may be erected." A statute is regarded as speaking in the present, as of the time it is read or applied. Also, under s. 990.001 (3) the present tense of a verb includes the future when applicable. Conforms capitalization and hyphenation to current style.

AB934, s. 163 Section 163. 46.986 (6) (title) of the statutes is created to read:

AB934,61,4 46.986 (6) (title) Evaluation.

Note: The remaining subsections of s. 46.986 have titles.

AB934, s. 164 Section 164. 48.23 (1) of the statutes is renumbered 48.23 (1m).

Note: Accommodates the renumbering of s. 48.23 (6) to 48.23 (1g) by the next section of this bill.

AB934, s. 165 Section 165. 48.23 (6) of the statutes is renumbered 48.23 (1g) and amended to read:

AB934,61,11 48.23 (1g) Definition. For the purposes of In this section, "counsel" means an attorney acting as adversary counsel who shall advance and protect the legal rights of the party represented, and who may not act as guardian ad litem or court-appointed special advocate for any party in the same proceeding.

Note: Renumbers provision to beginning of section and modifies language, consistent with current style.

AB934, s. 166 Section 166. 48.357 (1) of the statutes is renumbered 48.357 (1) (a) and amended to read:

AB934,62,8 48.357 (1) (a) The person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in the placement of the child or expectant mother, whether or not the change requested is authorized in the dispositional order, and shall cause written notice to be sent to the child, the parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate , and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem. If the expectant mother is an adult, written notice shall be sent to the adult expectant mother and the unborn child by the unborn child's guardian ad litem. 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.

AB934,62,23 (b) Any person receiving the notice under this subsection par. (a) or notice of a specific placement under s. 48.355 (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 may not be changed until 10 days after that notice is sent to the court unless the parent, guardian , or legal custodian and the child, if 12 years of age or over, or the child expectant mother, if 12 years of age or over, her parent, guardian, or legal custodian and the unborn child by the unborn child's guardian ad litem, or the adult expectant mother and the unborn child by the unborn child's guardian ad litem, sign written waivers of objection, except that placement changes which that were authorized in the dispositional order may be made immediately if notice is given as required in this subsection under par. (a). In addition, a hearing is not required for placement changes authorized in the dispositional order except when an objection filed by a person who received notice alleges that new information is available which that affects the advisability of the court's dispositional order.

Note: Subdivides provision to improve the readability of that provision.

AB934, s. 167 Section 167. 48.357 (2) of the statutes is amended to read:

AB934,63,10 48.357 (2) If emergency conditions necessitate an immediate change in the placement of a child or expectant mother placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child or expectant mother to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1) (a). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1) (b). In emergency situations, a child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 48.345 (3).

Note: Corrects cross-references to conform to the renumbering and amendment of s. 48.357 (1) by this bill.

AB934, s. 168 Section 168. 48.357 (2m) of the statutes is renumbered 48.357 (2m) (a) and amended to read:

AB934,63,21 48.357 (2m) (a) The child, the parent, guardian, or legal custodian of the child, the expectant mother, the unborn child by the unborn child's guardian at ad litem, 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 paragraph. 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 that affects the advisability of the current placement. This The request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion.

AB934,64,14 (b) The court shall hold a hearing on the matter prior to ordering any change in placement requested or proposed under this subsection par. (a) if the request states that new information is available which that affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under sub. (1) (a), other than a court-appointed special advocate, and the court approves. If a hearing is scheduled, the court shall notify the child, the parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify the adult expectant mother, the unborn child by the unborn child's guardian ad litem, 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.

Note: Subdivides provision for improved readability and corrects an incorrect term.

AB934, s. 169 Section 169. 48.357 (2r) of the statutes is amended to read:

AB934,65,6 48.357 (2r) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would remove a child from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing, relating to the child and the requested change in placement. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (b) or (2m) (b) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

Note: Corrects cross-references to conform to the renumbering and amendment of s. 48.357 (1) and (2m) by this bill.

AB934, s. 170 Section 170. 48.357 (2v) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB934,65,16 48.357 (2v) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would place the child outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by that person or agency or, if the child is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the child's placement.

Note: Corrects cross-references to conform to the renumbering and amendment of s. 48.357 (1) and (2m) by this bill.

AB934, s. 171 Section 171. 48.375 (7) (a) 1. of the statutes is amended to read:

AB934,65,19 48.375 (7) (a) 1. Appoint legal counsel under s. 48.23 (1) (1m) (cm) for the minor if the minor is not represented by counsel.

Note: Section 48.23 (1) is renumbered to s. 48.23 (1m) by this bill.

AB934, s. 172 Section 172. 48.981 (2) of the statutes, as affected by 2001 Wisconsin Acts 38, 59 and 70, is renumbered 48.981 (2) (a) (intro.) and amended to read:

AB934,66,17 48.981 (2) (a) (intro.) A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or residential care center for children and youth, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437 or a residential care center for children and youth, physical therapist, physical therapist assistant, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician, first responder or police or law enforcement officer having Any of the following persons who has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or having who has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3).:

AB934,66,23 (b) A court-appointed special advocate having who has reasonable cause to suspect that a child seen in the course of the court-appointed special advocate's activities under s. 48.236 (3) has been abused or neglected or having who has reason to believe that a child seen in the course of those activities has been threatened with abuse and neglect and that abuse or neglect of the child will occur shall, except as provided in sub. (2m), report as provided in sub. (3).

AB934,67,3 (c) Any other person not otherwise specified in par. (a) or (b), including an attorney, having who has reason to suspect that a child has been abused or neglected or who has reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report as provided in sub. (3).

AB934,67,6 (d) Any person, including an attorney having, who has reason to suspect that an unborn child has been abused or who has reason to believe that an unborn child is at substantial risk of abuse may report as provided in sub. (3).

AB934,67,8 (e) No person making a report under this subsection may be discharged from employment for so doing.

Note: Subdivides provision and modifies language for internal consistency and improved readability and to conform to current style. See also the next section of this bill.

AB934, s. 173 Section 173. 48.981 (2) (a) 1. to 29. of the statutes are created to read:

AB934,67,10 48.981 (2) (a) 1. A physician.

AB934,67,11 2. A coroner.

AB934,67,12 3. A medical examiner.

AB934,67,13 4. A nurse.

AB934,67,14 5. A dentist.

AB934,67,15 6. A chiropractor.

AB934,67,16 7. An optometrist.

AB934,67,17 8. An acupuncturist.

AB934,67,19 9. A medical or mental health professional not otherwise specified in this paragraph.

AB934,67,20 10. A social worker.

AB934,67,21 11. A marriage and family therapist.

AB934,67,22 12. A professional counselor.

AB934,68,2 13. A public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d).

AB934,68,3 14. A school teacher.

AB934,68,4 15. A school administrator

AB934,68,5 16. A school counselor.

AB934,68,6 17. A mediator under s. 767.11.

AB934,68,8 18. A child-care worker in a day care center or residential care center for children and youth.

AB934,68,9 19. A day care provider.

AB934,68,10 20. An alcohol or other drug abuse counselor.

AB934,68,13 21. A member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42, or 51.437 or a residential care center for children and youth.

AB934,68,14 22. A physical therapist.

AB934,68,15 22m. A physical therapist assistant.

AB934,68,16 23. An occupational therapist.

AB934,68,17 24. A dietitian.

AB934,68,18 25. A speech-language pathologist.

AB934,68,19 26. An audiologist.

AB934,68,20 27. An emergency medical technician.

AB934,68,21 28. A first responder.

AB934,68,22 29. A police or law enforcement officer.

Note: Recreates language stricken from s. 48.981 (2) by the previous section of this bill as a numbered series in order to accommodate the subdivision of s. 48.981 (2).

AB934, s. 174 Section 174. 51.37 (8) (b) of the statutes is amended to read:

AB934,69,15 51.37 (8) (b) If the condition of any prisoner or inmate committed or transferred under this section requires psychiatric or psychological treatment after his or her date of release as determined under s. 302.11 or 302.113, whichever is applicable, the director of the state treatment facility shall, within a reasonable time before the release date of the prisoner or inmate, make a written application to the court which that committed the prisoner or inmate under sub. (5) (a). Thereupon, the proceeding shall be upon application made under s. 51.20, but no physician or psychologist who is connected with a state prison, Winnebago or Mental Health Institute, Mendota mental health institute Mental Health Institute, or any county jail or house of correction may be appointed as an examiner. If the court does not commit the prisoner or inmate, it may dismiss the application and order the prisoner or inmate returned to the institution from which he or she was transferred until the release date of the prisoner or inmate. If the court commits the prisoner or inmate for the period commencing upon his or her release date, the commitment shall be to the care and custody of the county department under s. 51.42 or 51.437.

Note: Conforms capitalization to current style.

AB934, s. 175 Section 175. 55.02 of the statutes is amended to read:

AB934,70,12 55.02 Protective service system; establishment. The department shall develop a statewide system of protective service for mentally retarded and other developmentally disabled persons, for aged infirm persons, for chronically mentally ill persons, and for persons with other like incapacities incurred at any age in accordance with rules promulgated by the department. The protective service system shall be designed to encourage independent living and to avoid protective placement whenever possible. The system shall use the planning and advice of agencies, including the county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437. The chairperson of each county board of supervisors shall designate a county department under s. 46.215, 46.22, 51.42, or 51.437 which that is providing services in his or her county or a joint mechanism of these county departments to have the responsibility for local planning for the protective service system. The chairperson of the Milwaukee county County board of supervisors shall designate the county department under s. 46.215 to serve as the county protective services agency for purposes of s. 55.043. The department and these county departments shall cooperate in developing a coordinated system of services. The department shall provide direct services and enter into contracts with any responsible public or private agency for provision of protective services. In each county, the county department designated under this section shall determine the reporting requirements applicable to the county under s. 880.38 (3).

Note: Conforms capitalization to current style.

AB934, s. 176 Section 176. 55.04 (1) (intro.) of the statutes is amended to read:

AB934,70,15 55.04 (1) (intro.) The department shall have all of the following responsibilities in the administration of this chapter:

Note: Corrects introductory language to conform to the amendments to s. 55.04 (1) (a) 1. to 11.

AB934, s. 177 Section 177. 55.04 (1) (a) 1. to 11. of the statutes are amended to read: