AB809: Bill Text

Finally, current law provides that an informal disposition is terminated if the district attorney or corporation counsel files a CHIPS petition within 20 days after receipt of notice that the informal disposition has been entered into. If an informal disposition is terminated by the filing of a CHIPS petition, statements made to the intake worker during the intake inquiry are inadmissible. This bill eliminates the inadmissibility of those statements.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB809, s. 1 Section 1. 48.24 (4) of the statutes is amended to read:

AB809,5,6 48.24 (4) If the intake worker determines as a result of the intake inquiry that the case should be subject to an informal disposition, or should be closed, the intake worker shall so proceed. If a petition has been filed, informal disposition may not occur or a case may not be closed unless the petition is withdrawn by the district attorney, corporation counsel or other official specified in s. 48.09, or is dismissed by the judge court.

AB809, s. 2 Section 2. 48.24 (5) of the statutes is amended to read:

AB809,6,5 48.24 (5) The intake worker shall request that a petition be filed, enter into an informal disposition, or close the case within 40 60 days or sooner of after receipt of referral information. If the referral information is a report received by a county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department under s. 48.981 (3) (a) 1., 1., or 2d., that 60-day period shall begin on the day on which the report is received by the county department, department, or licensed child welfare agency. If the case is closed or an informal disposition is entered into, the district attorney, corporation counsel, or other official under s. 48.09 shall receive written notice of such that action. If a law enforcement officer has made a recommendation concerning the child, or the unborn child and the expectant mother of the unborn child, the intake worker shall forward this recommendation to the district attorney, corporation counsel, or other official under s. 48.09. With respect to petitioning a child or unborn child to be in need of protection or services, If a petition is filed, the petition may include information received more than 40 60 days before filing the petition may be included to establish a condition or pattern which, together with information received within the 40-day 60-day period, provides a basis for conferring jurisdiction on the court. The judge shall dismiss with prejudice any such petition which court shall grant appropriate relief as provided in s. 48.315 (3) with respect to any petition that is not referred or filed within the time limits periods specified within in this subsection. Failure to object to the fact that a petition is not requested within the time period specified in this subsection waives any challenge to the court's competency to act on the petition.

AB809, s. 3 Section 3. 48.245 (1) of the statutes is renumbered 48.245 (1) (intro.) and amended to read:

AB809,6,10 48.245 (1) (intro.) The An intake worker may enter into a written agreement with all parties which that imposes informal disposition under this section if the all of the following apply:

AB809,6,13 (a) The intake worker has determined that neither the interests of the child or unborn child nor of the public require the filing of a petition for circumstances relating to ss. 48.13 to 48.14. Informal disposition shall be available only if the

AB809,6,15 (b) The facts persuade the intake worker that the jurisdiction of the court, if sought, would exist and upon consent of the.

AB809,6,21 (c) The child, if 12 years of age or over, and the child's parent, guardian, and legal custodian; or upon consent of the parent, guardian, and legal custodian of the child expectant mother, her parent, guardian and legal custodian and the unborn child, by the unborn child's guardian ad litem and the child expectant mother, if 12 years of age or over; or upon consent of the adult expectant mother and the unborn child, by the unborn child's guardian ad litem, consent.

AB809, s. 4 Section 4. 48.245 (2) (c) of the statutes is amended to read:

AB809,7,3 48.245 (2) (c) If the informal disposition provides for alcohol and other drug abuse outpatient treatment under par. (a) 4., the child, if 12 years of age or over, and the child's parent, guardian, or legal custodian, or the adult expectant mother, shall execute an informed consent form that indicates that they are, or that she is, voluntarily and knowingly entering into an informal disposition agreement for the provision of alcohol and other drug abuse outpatient treatment.

AB809, s. 5 Section 5. 48.245 (2r) of the statutes is amended to read:

AB809,8,2 48.245 (2r) If an informal disposition is based on allegations that a child or an unborn child is in need of protection or services, the The intake worker may, after giving written notice to the child and, the child's parent, guardian, and legal custodian, and their counsel, if any, or after giving written notice to the child expectant mother, her parent, guardian, and legal custodian, and their counsel, if any, and the unborn child by the unborn child's guardian ad litem, or after giving written notice to the adult expectant mother, and her counsel, if any, and the unborn child, by the unborn child's guardian ad litem, extend the informal disposition for up to an additional 6 months unless the child or the child's parent, guardian, or legal custodian, the child or child expectant mother, her parent, guardian or legal custodian or the unborn child by the unborn child's guardian ad litem, or if 12 years of age or over, or the adult expectant mother or the unborn child by the unborn child's guardian ad litem, objects to the extension. If the child or the child's parent, guardian, or legal custodian, the child or child expectant mother, her parent, guardian or legal custodian or the unborn child by the unborn child's guardian ad litem, or if 12 years of age or over, or the adult expectant mother or the unborn child by the unborn child's guardian ad litem, objects to the extension, the intake worker may recommend to request the district attorney or corporation counsel that to file a petition be filed under s. 48.13 or 48.133. An extension under this subsection may be granted only once for any informal disposition. An extension under this subsection of an informal disposition relating to an unborn child who is alleged to be in need of protection or services may be granted after the child is born.

AB809, s. 6 Section 6. 48.245 (4) of the statutes is amended to read:

AB809,8,13 48.245 (4) The intake worker shall inform the child , if 12 years of age or over, and the child's parent, guardian, and legal custodian, the child expectant mother, if 12 years of age or over, and her parent, guardian, and 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, in writing of their right to terminate the informal disposition at any time or object at any time to the fact or terms of the informal disposition. If there is an objection arises, the intake worker may alter the terms of the agreement or request the district attorney or corporation counsel to file a petition. If the informal disposition is terminated , the intake worker may request the district attorney or corporation counsel to file a petition.

AB809, s. 7 Section 7. 48.245 (5) of the statutes is amended to read:

AB809,8,20 48.245 (5) Informal disposition shall be terminated upon the request of the child, if 12 years of age or over, or the child's parent, guardian, or legal custodian, upon request of the child expectant mother, if 12 years of age or over, or her parent, guardian, or legal custodian or the unborn child by the unborn child's guardian ad litem, or upon the request of the adult expectant mother or the unborn child by the unborn child's guardian ad litem.

AB809, s. 8 Section 8. 48.245 (5m) of the statutes is amended to read:

AB809,8,25 48.245 (5m) An informal disposition is terminated if the district attorney or corporation counsel files a petition within 20 days after receipt of notice of the informal disposition under s. 48.24 (5). In such case statements made to the intake worker during the intake inquiry are inadmissible.

AB809, s. 9 Section 9. 48.245 (7) of the statutes is amended to read:

AB809,9,18 48.245 (7) If at any time during the period of informal disposition the intake worker determines that the obligations imposed under it are not being met, the intake worker may cancel the informal disposition. Within 10 days after the cancellation of the informal disposition is cancelled, the intake worker shall notify the district attorney, corporation counsel, or other official under s. 48.09 of the cancellation and may request that a petition be filed. The judge shall dismiss with prejudice any petition which district attorney, corporation counsel, or other official under s. 48.09 shall file the petition or close the case within 20 days after the date of the notice. The petition may include information received before the effective date of the informal disposition, as well as information received during the period of the informal disposition, including information indicating that a party has not met the obligations imposed under the informal disposition, to provide a basis for conferring jurisdiction on the court. The court shall grant appropriate relief as provided in s. 48.315 (3) with respect to any petition that is not filed within the time limit period specified in this subsection. Failure to object to the fact that a petition is not filed within the time period specified in this subsection waives any objection to the court's competency to act on the petition.

AB809, s. 10 Section 10. 48.25 (2) of the statutes is amended to read:

AB809,9,25 48.25 (2) If the proceeding is brought under s. 48.13 or 48.133, the district attorney, corporation counsel, or other appropriate official shall file the petition, close the case, or refer the case back to intake within 20 days after the date that the intake worker's recommendation request was filed. A referral back to intake may be made only when the district attorney, corporation counsel, or other appropriate official decides not to file a petition or determines that further investigation is necessary. If the case is referred back to intake upon a decision not to file a petition, the intake worker shall close the case or enter into an informal disposition within 20 days after the date of the referral. If the case is referred back to intake for further investigation, the appropriate agency or person shall complete the investigation within 20 days after the date of the referral. If another referral is made to the district attorney, corporation counsel, or other appropriate official, it shall be considered a new referral to which the time limits periods of this subsection shall apply. The time limits periods in this subsection may only be extended by a judge court upon a showing of good cause under s. 48.315. If a petition is not filed within the applicable time limitations period set forth in this subsection and the court has not granted an extension, the petition shall be accompanied by a statement of reasons for the delay. The court shall dismiss with prejudice a petition which was not timely filed unless the court finds at the plea hearing that good cause has been shown for failure to meet the time limitations grant appropriate relief as provided in s. 48.315 (3) with respect to any petition that is not filed within the applicable time period specified in this subsection. Failure to object to the fact that a petition is not filed within the applicable time period specified in this subsection waives any challenge to the court's competency to act on the petition.

AB809, s. 11 Section 11. 48.315 (1) (intro.) of the statutes is amended to read:

AB809,10,21 48.315 (1) (intro.) The following time periods shall be excluded in computing time requirements within periods under this chapter:

AB809, s. 12 Section 12. 48.315 (2m) (a) (intro.) of the statutes is renumbered 48.315 (2m) (intro.) and amended to read:

AB809,11,2 48.315 (2m) (intro.) No continuance or extension of a time limit period specified in this chapter may be granted and no period of delay specified in sub. (1) may be excluded in computing a time requirement period under this chapter if the continuance, extension, or exclusion would result in any of the following:

AB809, s. 13 Section 13. 48.315 (2m) (a) 1. of the statutes, as affected by 2007 Wisconsin Act 20, is renumbered 48.315 (2m) (a).

AB809, s. 14 Section 14. 48.315 (2m) (a) 2. of the statutes is renumbered 48.315 (2m) (b).

AB809, s. 15 Section 15. 48.315 (2m) (b) of the statutes is renumbered 48.315 (3) and amended to read:

AB809,11,17 48.315 (3) Failure to comply with any time limit by the court or a party to act within any time period specified in par. (a) this chapter does not deprive the court of personal or subject matter jurisdiction or of competency to exercise that jurisdiction. Failure to object to a period of delay or a continuance waives any challenge to the court's competency to act during the period of delay or continuance. If the court or a party does not comply with a time limit act within a time period specified in par. (a) this chapter, the court, while assuring the safety of the child, may grant a continuance under sub. (2), dismiss the proceeding with or without prejudice, release the child from custody secure or nonsecure custody or from the terms of a custody order, or grant any other relief that the court considers appropriate.

AB809, s. 16 Section 16. 48.365 (6) of the statutes is amended to read:

AB809,12,2 48.365 (6) If a request to extend a dispositional order is made prior to the termination of the order, but the court is unable to conduct a hearing on the request prior to the termination date, the court may extend the order for a period of not more than 30 days, not including any period of delay resulting from any of the circumstances specified in s. 48.315 (1). The court shall grant appropriate relief as provided in s. 48.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time period specified in this subsection. Failure to object if a hearing is not held within the time period under this subsection waives any challenge to the court's competency to act on the request.

AB809, s. 17 Section 17. 48.375 (7) (a) 3. of the statutes is amended to read:

AB809,12,5 48.375 (7) (a) 3. Set a time for a hearing on the petition that will enable the court to comply with act within the time limit period specified in par. (d) 1.

AB809, s. 18 Section 18. 48.375 (7) (d) (title) of the statutes is amended to read:

AB809,12,7 48.375 (7) (d) (title) Time limit period.

AB809, s. 19 Section 19. 48.375 (7) (d) 1m. of the statutes is amended to read:

AB809,13,2 48.375 (7) (d) 1m. Except as provided under s. 48.315 (1) (b), (c), (f), and (h), if the court fails to comply with act within the applicable time limits period specified under subd. 1. without the prior consent of the minor and the minor's counsel, if any, or the member of the clergy who filed the petition on behalf of the minor, if any, the minor and the minor's counsel, if any, or the member of the clergy, if any, shall select a temporary reserve judge, as defined in s. 753.075 (1) (b), to make the determination under par. (c) and issue an order granting or denying the petition and the chief judge of the judicial administrative district in which the court is located shall assign the temporary reserve judge selected by the minor and the minor's counsel, if any, or the member of the clergy, if any, to make the determination and issue the order. A temporary reserve judge assigned under this subdivision to make a determination under par. (c) and issue an order granting or denying a petition shall make the determination and issue the order within 2 calendar days after the assignment, unless the minor and her counsel, if any, or the member of the clergy who filed the petition on behalf of the minor, if any, consent to an extension of that time period. The order shall be effective immediately. The court shall prepare and file with the clerk of court findings of fact, conclusions of law and a final order granting or denying the petition, and shall notify the minor of the court's order, as provided under subd. 1.

AB809, s. 20 Section 20. 48.43 (6) (c) of the statutes is amended to read:

AB809,13,8 48.43 (6) (c) In no event may any person, for any reason, collaterally attack a judgment terminating parental rights more than one year after the date on which the time limit period for filing an appeal from the judgment has expired, or more than one year after the date on which all appeals from the judgment, if any were filed, have been decided, whichever is later.

AB809, s. 21 Section 21. 48.43 (6m) of the statutes is amended to read:

AB809,13,16 48.43 (6m) If a person whose parental rights are terminated is present in court when the court grants the order terminating those rights, the court shall provide written notification to the person of the time limits periods for appeal of the judgment. The person shall sign the written notification, indicating that he or she has been notified of the time limits periods for filing an appeal under ss. 808.04 (7m) and 809.107. The person's counsel shall file a copy of the signed, written notification with the court on the date on which the judgment is granted.

AB809, s. 22 Section 22. 48.63 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB809,14,17 48.63 (1) Acting under court order or voluntary agreement, the child's parent or guardian or the department, the department of corrections, a county department, or a child welfare agency licensed to place children in foster homes, treatment foster homes, or group homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home, or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster, or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 180 days from the date on which the child was removed from the home under the voluntary agreement. A group home placement under a voluntary agreement may not exceed 15 days from the date on which the child was removed from the home under the voluntary agreement, except as provided in sub. (5). These time limitations periods do not apply to placements made under s. 48.345, 938.183, 938.34, or 938.345. Voluntary agreements may be made only under this subsection and sub. (5) (b) and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or guardian or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older. If a county department, the department, or the department of corrections places a child or negotiates or acts as intermediary for the placement of a child under this subsection, the voluntary agreement shall also specifically state that the county department, department, or department of corrections has placement and care responsibility for the child as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the child.

AB809, s. 23 Section 23. 938.24 (5) of the statutes is amended to read:

AB809,15,14 938.24 (5) Request for petition, deferred prosecution, or case closure; time periods. The intake worker shall request that a petition be filed, enter into a deferred prosecution agreement, or close the case within 40 days of after receipt of referral information. Before entering into a deferred prosecution agreement, the intake worker shall comply with s. 938.245 (1m), if applicable. If the case is closed or a deferred prosecution agreement is entered into, the district attorney, corporation counsel, or other official under s. 938.09 shall receive written notice of that action. If the case is closed, the known victims of the juvenile's alleged act shall receive notice as provided under sub. (5m), if applicable. A notice of deferred prosecution of an alleged delinquency case shall include a summary of the facts surrounding the allegation and a list of the juvenile's prior intake referrals and dispositions. If a law enforcement officer has made a recommendation concerning the juvenile, the intake worker shall forward the recommendation to the district attorney under s. 938.09. Notwithstanding the requirements of this section, the district attorney may initiate a delinquency petition under s. 938.25 within 20 days after notice that the case has been closed or that a deferred prosecution agreement has been entered into. The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to any such petition that is not referred or filed within the time limits period specified in this subsection. Failure to object to the fact that a petition is not referred or filed within a time limit period specified in this subsection waives that time limit any challenge to the court's competency to act on the petition.

AB809, s. 24 Section 24. 938.245 (7) (a) of the statutes is amended to read:

AB809,16,3 938.245 (7) (a) If at any time during the period of a deferred prosecution agreement the intake worker determines that the obligations imposed under it are not being met, the intake worker may cancel the agreement. Within 10 days after the agreement is cancelled, the intake worker shall notify the district attorney, corporation counsel, or other official under s. 938.09 of the cancellation and may request that a petition be filed. In delinquency cases, the district attorney may initiate a petition within 20 days after the date of the notice regardless of whether the intake worker has requested that a petition be filed. The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to any petition that is not filed within the time limit period specified in this paragraph. Failure to object if to the fact that a petition is not filed within the time limit period specified in this paragraph waives that time limit any challenge to the court's competency to act on the petition.

AB809, s. 25 Section 25. 938.25 (2) (title) of the statutes is amended to read:

AB809,16,5 938.25 (2) (title) Time limits periods; referral back.

AB809, s. 26 Section 26. 938.25 (2) (a) of the statutes is amended to read:

AB809,17,5 938.25 (2) (a) The district attorney, corporation counsel, or other appropriate official shall file the petition, close the case, or refer the case back to intake or, with notice to intake, the law enforcement agency investigating the case within 20 days after the date that the intake worker's request was filed. A referral back to intake or to the law enforcement agency investigating the case may be made only when the district attorney, corporation counsel, or other appropriate official decides not to file a petition or determines that further investigation is necessary. If the case is referred back to intake upon a decision not to file a petition, the intake worker shall close the case or enter into a deferred prosecution agreement within 20 days after the date of the referral. If the case is referred back to intake or to the law enforcement agency investigating the case for further investigation, the appropriate agency or person shall complete the investigation within 20 days after the date of the referral. If another referral is made to the district attorney, corporation counsel, or other appropriate official by intake or by the law enforcement agency investigating the case, it shall be considered a new referral to which the time limits of this subsection apply. The time limits periods in this subsection paragraph may only be extended by a court upon a showing of good cause under s. 938.315. If a petition is not filed within the time limits periods in this subsection paragraph and the court has not granted an extension, the petition shall be accompanied by a statement of reasons for the delay. The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to a petition that is not filed within the applicable time limits period in this paragraph. Failure to object if to the fact that a petition is not filed within the applicable time limits period in this paragraph waives those time limits any challenge to the court's competency to act on the petition.

AB809, s. 27 Section 27. 938.25 (2) (b) of the statutes is amended to read:

AB809,17,17 938.25 (2) (b) In delinquency cases in which there has been a case closure or deferred prosecution agreement, the petition shall be filed within 20 days after receipt of the notice of the closure or agreement. Failure to file within those 20 days invalidates the petition and affirms the case closure or agreement, except that the court shall grant appropriate relief as provided in s. 938.315 (3) with respect to a petition that is not filed within the time limit period specified in this paragraph and that failure to object if a petition is not filed within the time limit in this paragraph that time period waives that time limit any challenge to the court's competency to act on the petition. If a petition is filed within those 20 days or the time permitted by the court under s. 938.315 (3), whichever is later, the district attorney shall notify the parties to the agreement and the intake worker of the filing as soon as possible.

AB809, s. 28 Section 28. 938.25 (4) of the statutes is amended to read:

AB809,17,20 938.25 (4) Time limit on period for prosecution. Section 939.74 applies to delinquency petitions filed under this chapter.

AB809, s. 29 Section 29. 938.315 (1) (intro.) of the statutes is amended to read:

AB809,17,23 938.315 (1) Time periods to be excluded. (intro.) The following time periods shall be excluded in computing time requirements periods under this chapter:

AB809, s. 30 Section 30. 938.315 (2m) (intro.) of the statutes is amended to read:

AB809,18,5 938.315 (2m) When no continuance, extension, or exclusion permitted. (intro.) No continuance or extension of a time limit period specified in this chapter may be granted and no period of delay specified in sub. (1) may be excluded in computing a time requirement period under this chapter if the continuance, extension, or exclusion would result in any of the following:

AB809, s. 31 Section 31. 938.315 (3) of the statutes is amended to read:

AB809,18,18 938.315 (3) Consequences of failure to comply with act within time limit period. Failure to comply with any time limit by the court or a party to act within any time period specified in this chapter does not deprive the court of personal or subject matter jurisdiction or of competency to exercise that jurisdiction. Failure to object to a period of delay or a continuance waives the time limit that is the subject of any challenge to the court's competency to act during the period of delay or continuance. If the court or a party does not comply with a time limit act within a time period specified in this chapter, the court, while assuring the safety of the juvenile, may grant a continuance under sub. (2), dismiss the petition with or without prejudice, release the juvenile from secure or nonsecure custody or from the terms of a custody order, or grant any other relief that the court considers appropriate.

AB809, s. 32 Section 32. 938.357 (4g) (a) of the statutes is amended to read:

AB809,19,3 938.357 (4g) (a) Not later than 120 days after the date on which the juvenile is placed in a juvenile correctional facility or a secured residential care center for children and youth, or within 30 days after the date on which the department requests the aftercare plan, whichever is earlier, the aftercare provider designated under s. 938.34 (4n) shall prepare an aftercare plan for the juvenile. If the designated aftercare provider is a county department, that county department shall submit the aftercare plan to the department within the applicable time limits period specified in this paragraph, unless the department waives those time limits the time period under par. (b).

AB809, s. 33 Section 33. 938.357 (5) (d) of the statutes is amended to read:

AB809,19,9 938.357 (5) (d) A hearing on the revocation shall be conducted by the division of hearings and appeals in the department of administration within 30 days after the juvenile is taken into custody for an alleged violation of a condition of the juvenile's aftercare supervision. This time limit period may be waived only upon the agreement of the aftercare provider, the juvenile, and the juvenile's counsel.

AB809, s. 34 Section 34. 938.365 (6) of the statutes is amended to read:

AB809,19,20 938.365 (6) Hearings conducted after order terminates. If a request to extend a dispositional order is made prior to the termination of the order, but the court is unable to conduct a hearing on the request prior to the termination date, the court may extend the order for a period of not more than 30 days, not including any period of delay resulting from any of the circumstances under s. 938.315 (1). The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time limit period specified in this subsection. Failure to object if a hearing is not held within the time limit period under this subsection waives that time limit any challenge to the court's competency to act on the request.

AB809, s. 35 Section 35. Initial applicability.

AB809,20,2 (1) Time periods. The treatment of sections 48.24 (5), 48.245 (7), 48.25 (2), 48.315 (1) (intro.) and (2m) (a) (intro.), 1., and 2. and (b), 48.365 (6), 48.375 (7) (a) 3. and (d) (title) and 1m., 48.43 (6) (c) and (6m), 48.63 (1), 938.24 (5), 938.245 (7) (a), 938.25 (2) (title), (a), and (b) and (4), 938.315 (1) (intro.), (2m) (intro.), and (3), 938.357 (4g) (a) and (5) (d), and 938.365 (6) of the statutes first applies to a time period that begins on the effective date of this subsection.

AB809,20,5 (2) Informal dispositions. The treatment of section 48.245 (1), (2) (c), (2r), (4), (5), and (5m) of the statutes first applies to an informal disposition entered into on the effective date of this subsection.

AB809,20,6 (End)