AB822, s. 2 3Section 2. 48.13 (6) of the statutes is created to read:
AB822,3,94 48.13 (6) Who, being under 12 years of age, is a habitual truant, if the habitual
5truancy is the result of the neglect, refusal, or inability of the parent or guardian of
6the child to cause the child to attend school regularly as required under s. 118.15 and
7if evidence is provided by the school attendance officer that the activities under s.
8118.16 (5g) (a) have been completed or were not required to be completed as provided
9in s. 118.16 (5m).
AB822, s. 3 10Section 3. 48.345 (intro.) of the statutes is amended to read:
AB822,4,5 1148.345 Disposition of child or unborn child of child expectant mother
12adjudged in need of protection or services.
(intro.) If the judge finds that the
13child is in need of protection or services or that the unborn child of a child expectant
14mother is in need of protection or services, the judge shall enter an order deciding one
15or more of the dispositions of the case as provided in this section under a care and
16treatment plan, except that a disposition under sub. (5) may not be combined with
17any other disposition under this section;
the order may not place any child not
18specifically found under chs. ch. 46, 49, 51, 115 and, or 880 to be developmentally
19disabled, mentally ill, or to have a disability specified in s. 115.76 (5) in facilities
20which exclusively treat
a facility that exclusively treats those categories of children;
21and the court order may not place any child expectant mother of an unborn child in

1need of protection or services outside of the child expectant mother's home unless the
2court finds that the child expectant mother is refusing or has refused to accept any
3alcohol or other drug abuse services offered to her or is not making or has not made
4a good faith effort to participate in any alcohol or other drug abuse services offered
5to her. The dispositions under this section are as follows:
AB822, s. 4 6Section 4. 48.345 (5) of the statutes is created to read:
AB822,4,127 48.345 (5) (a) If the court finds that the child is in need of protection or services
8based on habitual truancy under s. 48.13 (6) and if prior to the granting of the
9dispositional order evidence is provided by the school attendance officer that the
10activities under s. 118.16 (5g) (b) 1., 2., and 3. have been completed or were not
11required to be completed as provided in s. 118.16 (5m), the court shall enter an order
12making one or more of the following dispositions:
AB822,4,1313 1. Counsel the child and the parent or guardian of the child.
AB822,4,1614 2. Order the parent or guardian of the child to cause the child to attend school
15regularly as required under s. 118.15 and to comply with any conditions determined
16by the court to be necessary to ensure that the child attends school regularly.
AB822,4,1817 3. Order the parent or guardian of the child to attend scheduled meetings or
18conferences relating to the child's education with personnel of the child's school.
AB822,4,2219 4. Place the child under the supervision of an agency, the department, if the
20department approves, or a suitable adult, including a friend of the child, under
21conditions prescribed by the court, including reasonable rules for the child's conduct
22designed to ensure that the child attends school regularly.
AB822,5,323 5. Place the child under the supervision of an agency, the department, if the
24department approves, or a suitable adult, including a friend of the child, and order
25the agency or department to provide specified services to the child and the child's

1family, which may include individual, family, or group counseling, homemaker or
2parent aide services, parent skills training, and transportation to attend meetings,
3conferences, and activities at the child's school.
AB822,5,124 (b) No order to any parent or guardian under par. (a) 2. or 3. may be entered
5until the parent or guardian is given an opportunity to be heard on the contemplated
6order of the court. The court shall cause notice of the time, place, and purpose of the
7hearing to be served on the parent or guardian personally at least 10 days before the
8date of the hearing. The procedure in these cases shall, as far as practicable, be the
9same as in other cases to the court. At the hearing, the parent or guardian may be
10represented by counsel and may produce and cross-examine witnesses. Any parent
11or guardian who fails to comply with any order issued by a court under par. (a) 2. or
123. may be proceeded against for contempt of court.
AB822, s. 5 13Section 5. 118.15 (5) (b) 2. of the statutes is amended to read:
AB822,5,1714 118.15 (5) (b) 2. In a prosecution under par. (a), if the defendant proves that he
15or she is unable to comply with the law because of the disobedience of the child, the
16action shall be dismissed and the child shall be referred to the court assigned to
17exercise jurisdiction under ch. chs. 48 and 938.
AB822, s. 6 18Section 6. 118.16 (5g) of the statutes is created to read:
AB822,5,2519 118.16 (5g) (a) Except as provided in sub. (5m), before any proceeding may be
20brought against a child under s. 48.13 (6) for habitual truancy, the school attendance
21officer shall provide evidence that appropriate school personnel in the school or
22school district in which the child is enrolled have, within the school year during
23which the habitual truancy occurred, met with the child's parent or guardian to
24discuss the child's truancy or attempted to meet with the child's parent or guardian
25and received no response or were refused.
AB822,6,5
1(b) Except as provided in sub. (5m), before any dispositional order may be
2granted under s. 48.345 (5) for habitual truancy, the school attendance officer shall
3provide evidence that appropriate school personnel in the school or school district in
4which the child is enrolled have, within the school year during which the habitual
5truancy occurred, done all of the following:
AB822,6,86 1. Provided an opportunity for educational counseling to the child to determine
7whether a change in the child's curriculum would resolve the child's truancy and
8have considered curriculum modifications under s. 118.15 (1) (d).
AB822,6,129 2. Evaluated the child to determine whether learning problems may be a cause
10of the child's truancy and, if so, have taken steps to overcome the learning problems,
11except that the child need not be evaluated if tests administered to the child within
12the previous year indicate that the child is performing at his or her grade level.
AB822,6,1513 3. Conducted an evaluation to determine whether social problems may be a
14cause of the child's truancy and, if so, have taken appropriate action or made
15appropriate referrals.
AB822, s. 7 16Section 7. 118.16 (5m) of the statutes is amended to read:
AB822,6,2217 118.16 (5m) Subsection Subsections (5) (a) does and (5g) (a) do not apply if a
18meeting under sub. (2) (cg) 3. is not held within 10 school days after the date that the
19notice under sub. (2) (cg) is sent. Subsection Subsections (5) (b), (c), and (d) does and
20(5g) (b) 1., 2., and 3. do
not apply if the school attendance officer provides evidence
21that appropriate school personnel were unable to carry out the activity due to the
22child's absences from school.
AB822, s. 8 23Section 8. 118.16 (6) (a) 2. c. of the statutes is amended to read:
AB822,7,324 118.16 (6) (a) 2. c. The child has not successfully completed participation in a
25teen court program during the 2 years before the date on which the school attendance

1officer received evidence that activities under sub. (5) have been completed or were
2not required to be completed due to the child's absence from school as provided in sub.
3(5m).
AB822, s. 9 4Section 9. 118.16 (6) (c) of the statutes is created to read:
AB822,7,115 118.16 (6) (c) If the school attendance officer receives evidence that activities
6under sub. (5g) (a) have been completed or were not required to be completed as
7provided in sub. (5m), the school attendance officer may file information on any child
8who continues to be truant with the court assigned to exercise jurisdiction under chs.
948 and 938 in accordance with s. 48.24. Filing information on a child under this
10subdivision does not preclude concurrent prosecution of the child's parent or
11guardian under s. 118.15 (5).
AB822, s. 10 12Section 10. 118.162 (4) (e) of the statutes is amended to read:
AB822,7,1613 118.162 (4) (e) The types of truancy cases to be referred to the district attorney
14for the filing of information under s. 48.24 or 938.24 or prosecution under s. 118.15
15(5) and the time periods within which the district attorney will respond to and take
16action on the referrals.
AB822, s. 11 17Section 11. Initial applicability.
AB822,7,2118 (1) Habitual truancy; children under 12 years of age. This act first applies
19to a child under 12 years of age who is habitually truant from school under the
20circumstances specified in section 48.13 (6) of the statutes, as created by this act,
21during the 2006-07 school year.
AB822,7,2222 (End)
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