SB1,1448,1811 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2m), an
12action may be dismissed by the plaintiff without order of court by serving and filing
13a notice of dismissal at any time before service by an adverse party of responsive
14pleading or motion or by the filing of a stipulation of dismissal signed by all parties
15who have appeared in the action. Unless otherwise stated in the notice of dismissal
16or stipulation, the dismissal is not on the merits, except that a notice of dismissal
17operates as an adjudication on the merits when filed by a plaintiff who has once
18dismissed in any court an action based on or including the same claim.
SB1, s. 3756 19Section 3756. 805.04 (2m) of the statutes is created to read:
SB1,1448,2320 805.04 (2m) False claims. An action filed under s. 20.931 may be dismissed
21only by order of the court. In determining whether to dismiss the action filed under
22s. 20.931, the court shall take into account the best interests of the parties and the
23purposes of s. 20.931.
SB1, s. 3757 24Section 3757. 806.025 (2) (am) of the statutes is amended to read:
SB1,1449,4
1806.025 (2) (am) If money remains after the payment of all unpaid orders and
2judgments under par. (a), order reimbursement to the department of justice for an
3award made under subch. I of ch. 949 for which the department is subrogated under
4s. 949.15.
SB1, s. 3758 5Section 3758. 809.105 (13) of the statutes is amended to read:
SB1,1449,146 809.105 (13) Certain persons barred from proceedings. No parent, or
7guardian or legal custodian, if one has been appointed, or foster parent or treatment
8foster parent, if the minor has been placed in a foster home or treatment foster home,
9and the minor's parent has signed a waiver granting the department of health and
10family services
children and families, a county department under s. 46.215, 46.22,
11or 46.23, the foster parent or the treatment foster parent the authority to consent to
12medical services or treatment on behalf of the minor, or adult family member, as
13defined in s. 48.375 (2) (b), of any minor who has initiated an appeal under this
14section may attend or intervene in any proceeding under this section.
SB1, s. 3759 15Section 3759. 809.30 (2) (d) of the statutes is amended to read:
SB1,1449,2416 809.30 (2) (d) Indigency redetermination. Except as provided in this
17paragraph, whenever a person whose trial counsel is appointed by the state public
18defender files a notice under par. (b) requesting public defender representation for
19purposes of postconviction or postdisposition relief, the prosecutor may, within 5
20days after the notice is served and filed, file in the circuit court and serve upon the
21state public defender a request that the person's indigency be redetermined before
22counsel is appointed or transcripts are requested. This paragraph does not apply to
23a child or juvenile person who is entitled to be represented by counsel under s. 48.23,
2451.60 (1), 55.105,
or 938.23.
SB1, s. 3760 25Section 3760. 813.12 (5) (b) of the statutes is amended to read:
SB1,1450,2
1813.12 (5) (b) The clerk of circuit court shall provide the simplified forms
2provided under s. 46.95 49.165 (3) (c) to help a person file a petition.
SB1, s. 3761 3Section 3761. 813.122 (6) (b) of the statutes is amended to read:
SB1,1450,54 813.122 (6) (b) Upon request, the clerk of circuit court shall provide, without
5cost, the simplified forms obtained under s. 46.03 48.47 (7) (d) to a petitioner.
SB1, s. 3763 6Section 3763. 814.61 (13) of the statutes is amended to read:
SB1,1450,127 814.61 (13) Support or maintenance petition. For the cost of court services,
8whenever a person not receiving benefits under s. 49.148 or 49.155 or aid under s.
949.19, 49.46, 49.465, 49.468 or, 49.47 , or 49.471 files a petition requesting child
10support, maintenance or family support payments, $10 in addition to any other fee
11required under this section. This subsection does not apply to a petition filed by the
12state or its delegate.
SB1, s. 3764 13Section 3764. 814.69 (1) (a) of the statutes is amended to read:
SB1,1450,1714 814.69 (1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per
1525-line page for the original and 50 cents per 25-line page for the duplicate. Except
16as provided in s. 967.06 (3), the fee shall be paid by the county treasurer upon the
17certificate of the clerk of court.
SB1, s. 3765 18Section 3765. 814.75 (22m) of the statutes is amended to read:
SB1,1450,2019 814.75 (22m) The supplemental food enforcement surcharge under s. 253.06
2049.17 (4) (c).
SB1, s. 3766 21Section 3766. 814.76 (15m) of the statutes is amended to read:
SB1,1450,2322 814.76 (15m) The supplemental food enforcement surcharge under s. 253.06
2349.17 (4) (c).
SB1, s. 3767 24Section 3767. 814.80 (11) of the statutes is amended to read:
SB1,1451,2
1814.80 (11) The supplemental food enforcement surcharge under s. 253.06
249.17 (4) (c).
SB1, s. 3768 3Section 3768. 859.07 (2) (a) (intro.) of the statutes is amended to read:
SB1,1451,94 859.07 (2) (a) (intro.) The personal representative shall provide notice of the
5date set under s. 859.01 to the department of health and family services , the
6department of children and families,
or the department of corrections, as applicable,
7and to the county clerk of the decedent's county of residence, as defined in s. 49.001
8(6) if, at any time prior to or at the time of the decedent's death, any of the following
9applied:
SB1, s. 3769 10Section 3769. 859.07 (2) (a) 2. of the statutes is amended to read:
SB1,1451,1311 859.07 (2) (a) 2. The decedent was responsible for any obligation owing to the
12state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345, 301.03 (18),
13301.12, or 938.36.
SB1, s. 3770 14Section 3770. 859.15 of the statutes is amended to read:
SB1,1451,20 15859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11),
1649.08 and, 49.195 (1), 49.345 (11), and 301.12 (11), a claim shall not be allowed which
17that was barred by any statute of limitations at the time of the decedent's death. A
18claim shall not be barred by statutes of limitation which that was not barred at the
19time of the decedent's death if the claim is filed against the decedent's estate in the
20court on or before the deadline for filing a claim under s. 859.01.
SB1, s. 3771 21Section 3771 . 885.01 (5) of the statutes is amended to read:
SB1,1451,2522 885.01 (5) By the department of workforce development children and families
23or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145,
2449.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011
25to 2029.
SB1, s. 3772
1Section 3772 . 885.01 (5) of the statutes, as affected by 2007 Wisconsin Act ....
2(this act), is amended to read:
SB1,1452,53 885.01 (5) By the department of children and families or a county child support
4agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and,
549.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.
SB1, s. 3773 6Section 3773. 885.38 (3) (a) (intro.) of the statutes is amended to read:
SB1,1452,127 885.38 (3) (a) (intro.) In criminal proceedings and in proceedings under ch. 48,
851, 55, or 938, if
If the court determines that the person has limited English
9proficiency and that an interpreter is necessary, the court shall advise the person
10that he or she has the right to a qualified interpreter and that, if the person cannot
11afford one, an interpreter will be provided
at the public's expense if the person is one
12of the following:
SB1, s. 3774 13Section 3774. 885.38 (8) (a) (intro.) of the statutes is amended to read:
SB1,1452,1614 885.38 (8) (a) (intro.) Except as provided in par. (b), the necessary expenses of
15providing qualified interpreters to indigent persons with limited English proficiency
16under this section shall be paid as follows:
SB1, s. 3775 17Section 3775. 893.981 of the statutes is created to read:
SB1,1452,19 18893.981 False claims. An action or claim under s. 20.931 shall be commenced
19within 10 years after the cause of the action or claim accrues or be barred.
SB1, s. 3776 20Section 3776. 895.45 (1) (a) of the statutes is amended to read:
SB1,1452,2521 895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s.
2246.95 49.165 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined under
23s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault
24under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under
25ss. 948.02 to 948.11.
SB1, s. 3777
1Section 3777. 895.4803 of the statutes is amended to read:
SB1,1453,12 2895.4803 Civil liability exemption; information concerning paternity.
3Any member of the staff of a hospital who is designated by the hospital and trained
4by the department of workforce development children and families under s. 69.14 (1)
5(cm) and who in good faith provides to a child's available parents written information
6that is provided by the department of workforce development children and families
7and oral information or an audio or video presentation about the form that is
8prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance
9and benefits of, and alternatives to, establishing paternity, under the requirements
10of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in
11providing that oral information or audio or video presentation and written
12information.
SB1, s. 3778 13Section 3778. 895.485 (4) (a) of the statutes is amended to read:
SB1,1453,2014 895.485 (4) (a) The agency has failed to provide the foster, treatment foster. or
15family-operated group home parent with any information relating to a medical,
16physical, mental, or emotional condition of the child that it is required to disclose
17under this paragraph. The department of health and family services children and
18families
shall promulgate rules specifying the kind of information that an agency
19shall disclose to a foster, treatment foster, or family-operated group home parent
20which relates to a medical, physical, mental, or emotional condition of the child.
SB1, s. 3778m 21Section 3778m. 895.507 (7m) of the statutes is amended to read:
SB1,1454,422 895.507 (7m) Effect of federal legislation. If the joint committee on
23administrative rules determines that the federal government has enacted legislation
24that imposes notice requirements substantially similar to the requirements of this
25section and determines that the legislation does not preempt this section, the joint

1committee on administrative rules shall submit to the revisor of statutes legislative
2reference bureau
for publication in the Wisconsin administrative register a notice of
3its determination. This section does not apply after publication of a notice under this
4subsection.
SB1, s. 3779 5Section 3779. 905.15 (1) of the statutes is amended to read:
SB1,1454,136 905.15 (1) An employee of the department of health and family services, the
7department of workforce development children and families or a county department
8under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally
9recognized American Indian tribe who is authorized by federal law to have access to
10or awareness of the federal tax return information of another in the performance of
11duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse
12to disclose the information and the source or method by which he or she received or
13otherwise became aware of the information.
SB1, s. 3780 14Section 3780. 938.02 (6) of the statutes is amended to read:
SB1,1454,2015 938.02 (6) "Foster home" means any facility that is operated by a person
16required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for
17no more than 4 juveniles or, if necessary to enable a sibling group to remain together,
18for no more than 6 juveniles or, if the department of health and family services
19children and families promulgates rules permitting a different number of juveniles,
20for the number of juveniles permitted under those rules.
SB1, s. 3781 21Section 3781. 938.02 (7) of the statutes is amended to read:
SB1,1454,2422 938.02 (7) "Group home" means any facility operated by a person required to
23be licensed by the department of health and family services children and families
24under s. 48.625 for the care and maintenance of 5 to 8 juveniles.
SB1, s. 3782 25Section 3782. 938.02 (17) of the statutes is amended to read:
SB1,1455,3
1938.02 (17) "Shelter care facility" means a nonsecure place of temporary care
2and physical custody for juveniles, including a holdover room, licensed by the
3department of health and family services children and families under s. 48.66 (1) (a).
SB1, s. 3783 4Section 3783. 938.06 (1) (b) of the statutes is amended to read:
SB1,1455,85 938.06 (1) (b) Notwithstanding par. (a), the county board of supervisors may
6make changes in the administration of services to the children's court center in order
7to qualify for the maximum amount of federal and state aid as provided in sub. (4)
8and s. ss. 46.495 and 48.569.
SB1, s. 3784 9Section 3784. 938.06 (4) of the statutes is amended to read:
SB1,1455,1810 938.06 (4) State aid. State aid to any county for juvenile delinquency-related
11court services under this section shall be at the same net effective rate that each
12county is reimbursed for county administration under s. 46.495 48.569, except as
13provided in s. 301.26. Counties having a population of less than 500,000 may use
14funds received under ss. 46.495 48.569 (1) (d) and 301.26, including county or federal
15revenue sharing funds allocated to match funds received under s. 46.495 48.569 (1)
16(d), for the cost of providing court attached intake services in amounts not to exceed
1750% of the cost of providing court attached intake services or $30,000 per county per
18calendar year, whichever is less.
SB1, s. 3786 19Section 3786. 938.21 (5) (b) 1. of the statutes is renumbered 938.21 (5) (b) 1.
20a. and amended to read:
SB1,1455,2421 938.21 (5) (b) 1. a. A finding that continued placement of the juvenile in his or
22her home would be contrary to the welfare of the juvenile. Unless the court finds that
23any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, the order shall
24in addition include a 
SB1,1456,5
1b. A finding as to whether the person who took the juvenile into custody and
2the intake worker have made reasonable efforts to prevent the removal of the
3juvenile from the home, while assuring that the juvenile's health and safety are the
4paramount concerns, and a unless the court finds that any of the circumstances
5specified in s. 938.355 (2d) (b) 1. to 4. applies.
SB1,1456,8 6c. A finding as to whether the person who took the juvenile into custody and
7the intake worker have made reasonable efforts to make it possible for the juvenile
8to return safely home.
SB1,1456,19 91m. If for good cause shown sufficient information is not available for the court
10to make a finding as to whether those reasonable efforts were made to prevent the
11removal of the juvenile from the home, the order shall include while assuring that
12the juvenile's health and safety are the paramount concerns,
a finding as to whether
13those reasonable efforts were made to make it possible for the juvenile to return
14safely home and an order for the county department or agency primarily responsible
15for providing services to the juvenile under the custody order to file with the court
16sufficient information for the court to make a finding as to whether those reasonable
17efforts were made to prevent the removal of the juvenile from the home by no later
18than 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of on
19which
the order is granted.
SB1, s. 3787 20Section 3787. 938.21 (5) (b) 1. d. of the statutes is created to read:
SB1,1456,2521 938.21 (5) (b) 1. d. If the juvenile is under the supervision of the county
22department, an order ordering the juvenile into the placement and care
23responsibility of the county department as required under 42 USC 672 (a) (2) and
24assigning the county department primary responsibility for providing services to the
25juvenile.
SB1, s. 3788
1Section 3788. 938.21 (5) (c) of the statutes is amended to read:
SB1,1457,82 938.21 (5) (c) The court shall make the findings specified in par. (b) 1., 1m., and
33. on a case-by-case basis based on circumstances specific to the juvenile and shall
4document or reference the specific information on which those findings are based in
5the custody order. A custody order that merely references par. (b) 1., 1m., or 3.
6without documenting or referencing that specific information in the custody order
7or an amended custody order that retroactively corrects an earlier custody order that
8does not comply with this paragraph is not sufficient to comply with this paragraph.
SB1, s. 3789 9Section 3789. 938.22 (1) (a) of the statutes is amended to read:
SB1,1457,2010 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of a
11county may establish a juvenile detention facility in accordance with ss. 301.36 and
12301.37 or the county boards of supervisors for 2 or more counties may jointly
13establish a juvenile detention facility in accordance with ss. 46.20, 301.36, and
14301.37. The county board of supervisors of a county may establish a shelter care
15facility in accordance with ss. 46.16 and 46.17 48.576 and 48.578 or the county boards
16of supervisors for 2 or more counties may jointly establish a shelter care facility in
17accordance with ss. 46.16, 46.17, and 46.20, 48.576, and 48.578. A private entity may
18establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 and
19contract with one or more county boards of supervisors under s. 938.222 to hold
20juveniles in the private juvenile detention facility.
SB1, s. 3790 21Section 3790. 938.22 (2) (a) of the statutes is amended to read:
SB1,1458,722 938.22 (2) (a) Counties shall submit plans for a juvenile detention facility or
23juvenile portion of the county jail to the department of corrections and submit plans
24for a shelter care facility to the department of health and family services children and
25families
. A private entity that proposes to establish a juvenile detention facility shall

1submit plans for the facility to the department of corrections. The applicable
2department shall review the submitted plans. A county or a private entity may not
3implement a plan unless the applicable department has approved the plan. The
4department of corrections shall promulgate rules establishing minimum
5requirements for the approval and operation of juvenile detention facilities and the
6juvenile portion of county jails. The plans and rules shall be designed to protect the
7health, safety, and welfare of the juveniles placed in those facilities.
SB1, s. 3791 8Section 3791. 938.22 (7) (a) of the statutes is amended to read:
SB1,1458,169 938.22 (7) (a) No person may establish a shelter care facility without first
10obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) to
11operate a shelter care facility, a person must meet the minimum requirements for a
12license established by the department of health and family services children and
13families
under s. 48.67, meet the requirements specified in s. 48.685, and pay the
14license fee under par. (b). A license issued under s. 48.66 (1) (a) to operate a shelter
15care facility is valid until revoked or suspended, but shall be reviewed every 2 years
16as provided in s. 48.66 (5).
SB1, s. 3792 17Section 3792. 938.22 (7) (b) of the statutes is amended to read:
SB1,1458,2518 938.22 (7) (b) Before the department of health and family services children and
19families
may issue a license under s. 48.66 (1) (a) to operate a shelter care facility,
20the shelter care facility shall pay to that department a biennial fee of $60.50, plus
21a biennial fee of $18.15 per juvenile, based on the number of juveniles that the shelter
22care facility is licensed to serve. A shelter care facility that wishes to continue a
23license issued under s. 48.66 (1) (a) shall pay the fee by the continuation date of the
24license. A new shelter care facility shall pay the fee by no later than 30 days before
25the opening of the shelter care facility.
SB1, s. 3793
1Section 3793. 938.235 (4) (b) of the statutes is amended to read:
SB1,1459,42 938.235 (4) (b) The court shall order the agency identified under s. 938.355 (2)
3(b) 1.
938.33 (1) (c) as primarily responsible for the provision of services to notify the
4guardian ad litem, if any, regarding actions to be taken under par. (a).
SB1, s. 3795 5Section 3795. 938.30 (6) (b) of the statutes is amended to read:
SB1,1459,156 938.30 (6) (b) If it appears to the court that disposition of the case may include
7placement of the juvenile outside the juvenile's home, the court shall order the
8juvenile's parent to provide a statement of the income, assets, debts, and living
9expenses of the juvenile and the juvenile's parent to the court or the designated
10agency under s. 938.33 (1) at least 5 days before the scheduled date of the
11dispositional hearing or as otherwise ordered by the court. The clerk of court shall
12provide, without charge, to any parent ordered to provide that statement a document
13setting forth the percentage standard established by the department of workforce
14development
children and families under s. 49.22 (9) and listing the factors that a
15court may consider under s. 301.12 (14) (c).
SB1, s. 3796 16Section 3796. 938.31 (7) (b) of the statutes is amended to read:
SB1,1460,217 938.31 (7) (b) If it appears to the court that disposition of the case may include
18placement of the juvenile outside the juvenile's home, the court shall order the
19juvenile's parent to provide a statement of the income, assets, debts, and living
20expenses of the juvenile and the juvenile's parent, to the court or the designated
21agency under s. 938.33 (1) at least 5 days before the scheduled date of the
22dispositional hearing or as otherwise ordered by the court. The clerk of court shall
23provide, without charge, to any parent ordered to provide the statement a document
24setting forth the percentage standard established by the department of workforce

1development
children and families under s. 49.22 (9) and listing the factors that a
2court may consider under s. 301.12 (14) (c).
SB1, s. 3797 3Section 3797. 938.315 (2m) (a) of the statutes is amended to read:
SB1,1460,114 938.315 (2m) (a) The court making an initial finding under s. 938.21 (5) (b) 1.
5or 1m., 938.355 (2) (b) 6., or 938.357 (2v) (a) 1. that reasonable efforts have been made
6to prevent the removal of the juvenile from the home, while assuring that the
7juvenile's health and safety are the paramount concerns, or an initial finding under
8s. 938.21 (5) (b) 3., 938.355 (2) (b) 6r., or 938.357 (2v) (a) 3. that those efforts were not
9required to be made because a circumstance specified in s. 938.355 (2d) (b) 1. to 4.
10applies, more than 60 days after the date on which the juvenile was removed from
11the home.
SB1, s. 3798 12Section 3798. 938.32 (1) (c) 1. d. of the statutes is created to read:
SB1,1460,1713 938.32 (1) (c) 1. d. If the juvenile's placement or other living arrangement is
14under the supervision of the county department, an order ordering the juvenile into
15the placement and care responsibility of the county department as required under
1642 USC 672 (a) (2) and assigning the county department primary responsibility for
17providing services to the juvenile.
SB1, s. 3806 18Section 3806. 938.346 (1) (h) 3. of the statutes is amended to read:
SB1,1460,2019 938.346 (1) (h) 3. The right to compensation, as provided under subch. I of ch.
20949.
SB1, s. 3807 21Section 3807. 938.355 (2) (b) 1. of the statutes is amended to read:
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