AB934: Bill Text

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:

AB934,70,17 55.04 (1) (a) 1. Outreach;.

AB934,70,18 2. Identification of persons in need of services;.

AB934,70,19 3. Counseling and referral for services;.

AB934,70,20 4. Coordination of services for individuals;.

AB934,70,21 5. Tracking and follow-up;.

AB934,70,22 6. Provision of social services;.

AB934,70,23 7. Case management;.

AB934,71,1 8. Legal counseling or referral;.

AB934,71,2 9. Guardianship referral; and.

AB934,71,3 10. Diagnostic evaluation;.

AB934,71,5 11. Such Any other responsibilities as that the department deems considers appropriate.

Note: Replaces punctuation and disfavored terminology, consistent with current style.

AB934, s. 178 Section 178. 55.043 (1) (a) (intro.) of the statutes is amended to read:

AB934,71,14 55.043 (1) (a) (intro.) If a county protective services agency has probable cause to believe that there is misappropriation of property or neglect or abuse of a vulnerable adult, the county protective services agency may conduct an investigation in Milwaukee county County to determine if the vulnerable adult in question is in need of protective services. The county protective services agency shall conduct the investigation in accordance with standards established by the department for conducting the investigations. The investigation shall include at least one of the following:

Note: Conforms capitalization to current style.

AB934, s. 179 Section 179. 60.30 (1e) (c) of the statutes is amended to read:

AB934,72,4 60.30 (1e) (c) If an ordinance is approved in a referendum under par. (b), the change from an elective office to an appointive office may not take effect until the term of office of the incumbent town clerk, town treasurer, or combined town clerk and town treasurer expires. If an ordinance is approved under par. (b) at a general election, the ordinance takes effect upon the expiration of the term or terms of the incumbent officer or officers. If an ordinance is approved under par. (b) at a spring election at which the office of town clerk or town treasurer is filled, the ordinance takes effect upon the expiration of the term or terms of each officer who is elected at that election. A person appointed to the office of town clerk , or town treasurer, or to the combined office of town clerk and town treasurer, shall serve for a term, not to exceed 3 years, that is set by the town board. The person may be reappointed and may be dismissed by the board only for cause, as defined in s. 17.16 (2) 17.001.

Note: Section 17.16 (2) is renumbered s. 17.001 by this bill. Corrects grammar.

AB934, s. 180 Section 180. 60.30 (1e) (f) of the statutes is amended to read:

AB934,72,12 60.30 (1e) (f) If a person is appointed to office under par. (e), the person initially appointed may not take office until the term of office of the incumbent town clerk, town treasurer, or combined town clerk and town treasurer expires. A person appointed to the office of town clerk, or town treasurer, or to the combined office of town clerk and town treasurer, shall serve for a term, not to exceed 3 years, that is set by the town board. The person may be reappointed and may be dismissed by the board only for cause, as defined in s. 17.16 (2) 17.001.

Note: Section 17.16 (2) is renumbered s. 17.001 by this bill. Corrects grammar.

AB934, s. 181 Section 181. 66.0139 (3) of the statutes is amended to read:

AB934,73,2 66.0139 (3) A political subdivision may safely dispose of abandoned or unclaimed flammable, explosive, or incendiary substances, materials, or devices posing that pose a danger to life or property in their storage, transportation, or use immediately after taking possession of the substances, materials, or devices without a public auction. The political subdivision, by ordinance or resolution, may establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances, materials, or devices which that have a commercial value in the normal business usage and do not pose an immediate threat to life or property. If enacted, a disposal procedure shall include a presumption that if the substance, material, or device appears to be or is reported stolen, an attempt will be made to return the substance, material, or device to the rightful owner.

Note: Deletes unnecessary "the," replaces disfavored word form, and corrects punctuation.

AB934, s. 182 Section 182. 66.0209 (4) of the statutes is amended to read:

AB934,73,8 66.0209 (4) An incorporation referendum ordered by the circuit court under s. 66.0203 (9) (f) may not be stayed pending the outcome of further litigation, unless the court of appeals or the supreme court, upon an appeal or upon the filing of an original action in the supreme court, concludes that a strong probability exists that the order of the circuit court or the decision of the department will be set aside.

Note: Inserts missing articles.

AB934, s. 183 Section 183. 66.0309 (14) (d) 1. of the statutes is amended to read:

AB934,73,20 66.0309 (14) (d) 1. Submit the issue to arbitration by 3 arbitrators, one to be chosen by the local governmental unit, one to be chosen by the regional planning commission, and the third to be chosen by the first 2 arbitrators. If the arbitrators are unable to agree, the vote of 2 shall be the decision. They The arbitrators may affirm or modify the report, and shall submit their decision in writing to the local governmental unit and the regional planning commission within 30 days of their appointment unless the time be is extended by agreement of the commission and the local governmental unit. The decision shall be is binding. Election An election to arbitrate shall be is a waiver of the right to proceed by action. Two-thirds of the expenses of arbitration shall be paid by the party requesting arbitration and the balance by the other.

Note: Inserts a specific reference and missing articles and replaces a disfavored term to improve readability and to conform to current style.

AB934, s. 184 Section 184. 66.0413 (2) (c) 2. of the statutes is amended to read: