LRB-2049/1
GMM:lmk&cmh:jf
2005 - 2006 LEGISLATURE
March 8, 2005 - Introduced by Representatives Jeskewitz, Albers, Berceau,
Hines, Kreuser, Parisi
and Townsend, cosponsored by Senators Wirch,
Miller, Coggs, Erpenbach, Plale
and Roessler. Referred to Committee on
Family Law.
AB171,1,5 1An Act to renumber and amend 48.07 (5) (a); and to amend 48.236 (2), 48.236
2(3) (d), 48.236 (4) (c), 48.32 (1b) and 48.345 (2r) of the statutes; relating to:
3requiring court-appointed special advocate programs to comply with standards
4established by a nonprofit, tax-exempt corporation that provides services on a
5statewide basis to those programs.
Analysis by the Legislative Reference Bureau
Under current law, a court assigned to exercise jurisdiction under the
Children's Code (juvenile court) may request a court-appointed special advocate
(CASA) program that has entered into a memorandum of understanding with the
chief judge of the judicial administrative district of the juvenile court (chief judge)
to designate a CASA volunteer to perform certain activities in any proceeding in
which it is alleged that a child is in need of protection or services and in which the
juvenile court finds that providing the services of a CASA would be in the best
interests of the child. Those activities include gathering information and making
observations about the child and his or her family, maintaining regular contact with
the child, monitoring the appropriateness and safety of the child's environment,
advocating for the best interests of the child, and undertaking any other activities
that are consistent with the memorandum of understanding.
This bill prohibits a chief judge from entering into, modifying, extending, or
renewing a memorandum of understanding with a CASA program unless the

program complies with standards established by a nonprofit, tax-exempt
corporation that provides services on a statewide basis to CASA programs.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB171, s. 1 1Section 1. 48.07 (5) (a) of the statutes is renumbered 48.07 (5) (a) 1. and
2amended to read:
AB171,2,173 48.07 (5) (a) 1. The court may obtain the services of a court-appointed special
4advocate program that has been recognized by the chief judge of the judicial
5administrative district. A chief judge of a judicial administrative district may
6recognize a court-appointed special advocate program by entering into a
7memorandum of understanding with the court-appointed special advocate program
8that specifies the responsibilities of the court-appointed special advocate program
9and of a court-appointed special advocate designated under s. 48.236 (1). The A chief
10judge of a judicial administrative district may not enter into, modify, extend, or
11renew a memorandum of understanding with a court-appointed special advocate
12program after the effective date of this subdivision .... [revisor inserts date], unless
13the program complies with standards established by a nonprofit corporation that is
14organized under ch. 181, described under section 501 (c) (3) of the Internal Revenue
15Code, and exempt from taxation under section 501 (a) of the Internal Revenue Code
16and that provides services on a statewide basis to court-appointed special advocate
17programs.
AB171,3,9 182. Subject to subd. 3., a memorandum of understanding under subd. 1. shall
19specify that the court-appointed special advocate program is responsible for
20selecting, training, supervising, and evaluating the volunteers and employees of the
21program who are authorized to provide court-appointed special advocate services as

1provided in pars. (b) to (d), that, in addition to any other activities specified in the
2memorandum of understanding, a volunteer or employee of the program who is
3authorized to provide court-appointed special advocate services may be designated
4to perform any of the activities specified in s. 48.236 (3) (a) to (c) and that, in addition
5to any other authority specified in the memorandum of understanding, a volunteer
6or employee of the program who is authorized to provide court-appointed special
7advocate services may be authorized to exercise any of the authority specified in s.
848.236 (4) (a) and (b), unless the parties to the memorandum of understanding
9determine that a variance
.
AB171,3,16 103. A memorandum of understanding under subd. 1. may vary from the
11requirements of pars. (b) to (d), the activities specified in s. 48.236 (3) (a) to (c), or the
12authority specified in s. 48.236 (4) (a) and (b) if the parties to the memorandum of
13understanding determine that a variance from those requirements, activities, or
14authority
is necessary for the efficient administration of the program and if the
15program complies with the standards established by a nonprofit corporation
16described in subd. 1
.
AB171, s. 2 17Section 2. 48.236 (2) of the statutes is amended to read:
AB171,3,2418 48.236 (2) Qualifications. A court-appointed special advocate shall be a
19volunteer or employee of a court-appointed special advocate program who has been
20selected and trained as provided in the memorandum of understanding entered into
21under s. 48.07 (5) (a) 1. No person who is a party in a proceeding, who appears as
22counsel or guardian ad litem in a proceeding on behalf of any party , or who is a
23relative or representative of a party in a proceeding may be designated as a
24court-appointed special advocate in that proceeding.
AB171, s. 3 25Section 3. 48.236 (3) (d) of the statutes is amended to read:
AB171,4,2
148.236 (3) (d) Undertake any other activities that are consistent with the
2memorandum of understanding entered into under s. 48.07 (5) (a) 1.
AB171, s. 4 3Section 4. 48.236 (4) (c) of the statutes is amended to read:
AB171,4,54 48.236 (4) (c) Exercise any other authority that is consistent with the
5memorandum of understanding entered into under s. 48.07 (5) (a) 1.
AB171, s. 5 6Section 5. 48.32 (1b) of the statutes is amended to read:
AB171,4,137 48.32 (1b) The judge or a circuit court commissioner may, as a condition under
8sub. (1), request a court-appointed special advocate program to designate a
9court-appointed special advocate for the child to perform the activities specified in
10s. 48.236 (3) that are authorized in the memorandum of understanding under s. 48.07
11(5) (a) 1. A court-appointed special advocate designated under this subsection shall
12have the authority specified in s. 48.236 (4) that is authorized in the memorandum
13of understanding under s. 48.07 (5) (a) 1.
AB171, s. 6 14Section 6. 48.345 (2r) of the statutes is amended to read:
AB171,4,2115 48.345 (2r) Place the child as provided in sub. (2) or (2m) and, in addition,
16request a court-appointed special advocate program to designate a court-appointed
17special advocate for the child to perform the activities specified in s. 48.236 (3) that
18are authorized in the memorandum of understanding under s. 48.07 (5) (a) 1. A
19court-appointed special advocate designated under this subsection shall have the
20authority specified in s. 48.236 (4) that is authorized in the memorandum of
21understanding under s. 48.07 (5) (a) 1.
AB171,4,2222 (End)
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