48.366(6)(a)2.
2. The department of corrections or county department ordered under s.
48.34 (4n), 1993 stats., to provide aftercare supervision of the person.
48.366(6)(b)
(b) The petition shall state the factual basis for the petitioner's belief that discharge will not pose a threat of bodily harm to other persons. The department of corrections or county department may file a petition at any time. The person subject to the order may file a petition not more often than once a year.
48.366(6)(c)1.1. At the time the department of corrections or county department files a petition under
par. (a), it shall provide written notice of the petition to the person who is the subject of the petition. The notice to the person who is the subject of the petition shall state that the person has the right to counsel. The department of corrections or county department shall also provide written notice of the petition to the office of the district attorney that filed the petition on the basis of which the person was adjudged delinquent and to the victim, if any, of the delinquent act.
48.366(6)(c)2.
2. At the time a person subject to an order files a petition under
par. (a), he or she shall provide written notice of the petition to the department of corrections or county department, whichever has been ordered under s.
48.34 (4n), 1993 stats., to provide aftercare supervision of the person.
48.366(6)(d)
(d) If the court denies the petition, the person shall remain under the jurisdiction of the court until the expiration of the order or until a subsequent petition for discharge under this subsection is granted, whichever is sooner.
48.366(7)
(7) Notice of hearing. Upon receipt of a request for a hearing under
sub. (5) or upon receipt of a petition under
sub. (6), the court shall set a date for a hearing on the matter. In any of those cases, the court shall notify the department of corrections and each person specified in
sub. (5) (d) 1. or
(6) (c) 1. of the hearing at least 7 days before the hearing, except that if any such person lives outside of this state, the notice shall be mailed at least 14 days before the hearing.
48.366(8)
(8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 17 years, the department of corrections may place the person in a state prison named in
s. 302.01. If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under
s. 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in
s. 302.01 without petitioning for revision of the order under
sub. (5) (a).
48.368
48.368
Continuation of dispositional orders. 48.368(1)
(1) If a petition for termination of parental rights is filed under
s. 48.41 or
48.415 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under
s. 48.355 or an extension order under
s. 48.365 is in effect, the dispositional or extension order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.
48.368(2)
(2) If a child's placement with a guardian appointed under
s. 48.977 (2) is designated by the court under
s. 48.977 (3) as a permanent foster home or treatment foster home placement for the child while a dispositional order under
s. 48.345, a revision order under
s. 48.363 or an extension order under
s. 48.365 is in effect with respect to the child, such dispositional order, revision order or extension order shall remain in effect until the earliest of the following:
48.368(2)(c)
(c) A court order terminates such dispositional order, revision order or extension order.
48.368 History
History: 1989 a. 86;
1993 a. 446; Stats. 1993 s. 48.368;
1995 a. 275.
48.37(1)(1) A court assigned to exercise jurisdiction under this chapter and
ch. 938 may not assess costs or assessments against a child under 14 years of age but may assess costs against a child 14 years of age or older.
48.37(2)
(2) Notwithstanding
sub. (1), no costs, penalty assessments or jail assessments may be assessed against any child in a circuit court exercising jurisdiction under
s. 48.16.
48.371
48.371
Access to certain information by substitute care provider. 48.371(1)(1) If a child is placed in a foster home, treatment foster home, group home or child caring institution, including a placement under
s. 48.205 or
48.21, the agency, as defined in
s. 48.38 (1) (a), that placed the child or arranged for the placement of the child shall provide the following information to the foster parent, treatment foster parent or operator of the group home or child caring institution at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:
48.371(1)(a)
(a) Results of a test or a series of tests of the child to determine the presence of HIV, as defined in
s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, as provided under
s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent or operator of the group home or child caring institution of the confidentiality requirements under
s. 252.15 (6).
48.371(1)(b)
(b) Results of any tests of the child to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent or operator of a group home or child caring institution receiving information under this paragraph shall keep the information confidential.
48.371(3)
(3) At the time of placement of a child in a foster home, treatment foster home, group home or child caring institution or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in
s. 48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, treatment foster parent or operator of the group home or child caring institution information contained in the court report submitted under
s. 48.33 (1),
48.365 (2g),
48.425 (1),
48.831 (2) or
48.837 (4) (c) or permanency plan submitted under
s. 48.355 (2e),
48.38,
48.43 (1) (c) or
(5) (c),
48.63 (4) or
48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any mental, emotional, cognitive, developmental or behavioral disability of the child. The foster parent, treatment foster parent or operator of a group home or child caring institution receiving information under this subsection shall keep the information confidential.
48.371 History
History: 1993 a. 395;
1995 a. 275.
48.371 Note
NOTE: 1993 Wis. Act 395, which created this section, contains extensive explanatory notes.
48.373
48.373
Medical authorization. 48.373(1)
(1) The court assigned to exercise jurisdiction under this chapter and
ch. 938 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and
ch. 938 determines that reasonable cause exists for the services and that the minor is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and
ch. 938 and consents.
48.373(3)
(3) In a proceeding under
s. 48.375 (7), a circuit court exercising jurisdiction under
s. 48.16 may not authorize any medical services other than the performance or inducement of an abortion.
48.375
48.375
Parental consent required prior to abortion; judicial waiver procedure. 48.375(1)
(1)
Legislative findings and intent. 48.375(1)(a)1.
1. Immature minors often lack the ability to make fully informed choices that take account of both immediate and long-range consequences.
48.375(1)(a)2.
2. The medical, emotional and psychological consequences of abortion and of childbirth are serious and can be lasting, particularly when the patient is immature.
48.375(1)(a)3.
3. The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of bearing a child or of having an abortion are not necessarily related.
48.375(1)(a)4.
4. Parents ordinarily possess information essential to a physician's exercise of the physician's best medical judgment concerning a minor.
48.375(1)(a)5.
5. Parents who are aware that their minor is pregnant or has had an abortion may better ensure that she receives adequate medical attention during her pregnancy or after her abortion.
48.375(1)(a)6.
6. Parental knowledge of a minor's pregnancy and parental consent to an abortion are usually desirable and in the best interest of the minor.
48.375(1)(b)
(b) It is the intent of the legislature in enacting this section to further the purposes set forth in
s. 48.01, and in particular to further the important and compelling state interests in:
48.375(1)(b)2.
2. Fostering the family structure and preserving it as a viable social unit.
48.375(1)(b)3.
3. Protecting the rights of parents to rear minors who are members of their households.
48.375(2)(a)
(a) "Abortion" means the use of any instrument, medicine, drug or any other substance or device with intent to terminate the pregnancy of a minor after implantation of a fertilized human ovum and with intent other than to increase the probability of a live birth, to preserve the life or health of the infant after live birth or to remove a dead fetus.
48.375(2)(b)
(b) "Adult family member" means any of the following who is at least 25 years of age:
48.375(2)(c)
(c) "Counselor" means a physician including a physician specializing in psychiatry, a licensed psychologist, as defined in
s. 455.01 (4), or an ordained member of the clergy. "Counselor" does not include any person who is employed by or otherwise affiliated with a reproductive health care facility, a family planning clinic or a family planning agency; any person affiliated with the performance of abortions, except abortions performed to save the life of the mother; or any person who may profit from giving advice to seek an abortion.
48.375(2)(e)
(e) "Emancipated minor" means a minor who is or has been married; a minor who has previously given birth; or a minor who has been freed from the care, custody and control of her parents, with little likelihood of returning to the care, custody and control prior to marriage or prior to reaching the age of majority.
48.375(2)(g)
(g) "Physician" means a person licensed to practice medicine and surgery under
ch. 448.
48.375(2)(h)
(h) "Referring physician" means a physician who refers a minor to another physician for the purpose of obtaining an abortion.
48.375(3)
(3) Applicability. This section applies whether or not the minor who initiates the proceeding is a resident of this state.
48.375(4)(a)(a) Except as provided in this section, no person may perform or induce an abortion on or for a minor who is not an emancipated minor unless the person is a physician and one of the following applies:
48.375(4)(a)1.
1. The person or the person's agent has, either directly or through a referring physician or his or her agent, received and made part of the minor's medical record, under the requirements of
s. 253.10, the voluntary and informed written consent of the minor and the voluntary and informed written consent of one of her parents; or of the minor's guardian or legal custodian, if one has been appointed; or of an adult family member of the minor; or of one of the minor's foster parents or treatment foster parents, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor.
48.375(4)(b)
(b) Paragraph (a) does not apply if the person who intends to perform or induce the abortion is a physician and any of the following occurs:
48.375(4)(b)1.
1. The person who intends to perform or induce the abortion believes, to the best of his or her medical judgment based on the facts of the case before him or her, that a medical emergency exists that complicates the pregnancy so as to require an immediate abortion.
48.375(4)(b)1g.
1g. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, in which the minor swears that the pregnancy is the result of a sexual assault in violation of
s. 940.225 (1),
(2) or
(3) in which the minor did not indicate a freely given agreement to have sexual intercourse. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record and report the sexual intercourse as required under
s. 48.981 (2) or
(2m) (e). Any minor who makes a false statement under this subdivision, which the minor does not believe is true, is subject to a proceeding under
s. 938.12 or
938.13 (12), whichever is applicable, based on a violation of
s. 946.32 (2).
48.375(4)(b)1m.
1m. A physician who specializes in psychiatry or a licensed psychologist, as defined in
s. 455.01 (4), states in writing that the physician or psychologist believes, to the best of his or her professional judgment based on the facts of the case before him or her, that the minor is likely to commit suicide rather than file a petition under
s. 48.257 or approach her parent, or guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or one of the minor's foster parents or treatment foster parents, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, for consent.
48.375(4)(b)2.
2. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, that the pregnancy is the result of sexual intercourse with a caregiver specified in
s. 48.981 (1) (am) 1.,
2.,
3.,
4. or
8. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record. The person who intends to perform or induce the abortion shall report the sexual intercourse as required under
s. 48.981 (2m) (d) 1.
48.375(4)(b)3.
3. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, that a parent who has legal custody of the minor, or the minor's guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or a foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, has inflicted abuse on the minor. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record. The person who intends to perform or induce the abortion shall report the abuse as required under
s. 48.981 (2).
48.375(5)
(5) Counseling. Any minor who is pregnant and who is seeking an abortion and any minor who has had an abortion may receive counseling from a counselor of her choice. A county department may refer the minor to a private counselor.
48.375(6)
(6) Right to petition court for waiver. Any pregnant minor who is seeking an abortion in this state, and any member of the clergy on the minor's behalf, may file a petition specified under
s. 48.257 with any court for a waiver of the parental consent requirement under
sub. (4) (a) 1.
48.375(7)(a)(a)
Receipt of petition; initial appearance. On the date that a petition under
s. 48.257 is filed, or if it is impossible to do so on that day, on the next calendar day, the court shall hold an initial appearance in chambers at which the minor or the member of the clergy who filed the petition on behalf of the minor, if any, is present and shall do all of the following:
48.375(7)(a)3.
3. Set a time for a hearing on the petition that will enable the court to comply with the time limit specified in
par. (d) 1.
48.375(7)(a)4.
4. Notify the minor, the minor's counsel, if any, the member of the clergy who filed the petition on behalf of the minor, if any, and the minor's guardian ad litem, if any, of the time, date and place of the hearing.
48.375(7)(am)
(am) Guardian ad litem; appointment. At the initial appearance under
par. (a), the court may also, in its discretion, appoint a guardian ad litem under
s. 48.235 (1) (d).
48.375(7)(b)
(b) Hearing; evidence. The court shall hold a confidential hearing on a petition that is filed by a minor. The hearing shall be held in chambers, unless a public fact-finding hearing is demanded by the minor through her counsel. At the hearing, the court shall consider the report of the guardian ad litem, if any, and hear evidence relating to all of the following:
48.375(7)(b)1.
1. The emotional development, maturity, intellect and understanding of the minor.
48.375(7)(b)2.
2. The understanding of the minor about the nature of, possible consequences of and alternatives to the intended abortion procedure.
48.375(7)(b)3.
3. Any other evidence that the court may find useful in making the determination under
par. (c).
48.375(7)(bm)
(bm)
Member of the clergy's affidavit. If a member of the clergy files a petition under
s. 48.257 on behalf of a minor, the member of the clergy shall file with the petition an affidavit stating that the member of the clergy has met personally with the minor and has explored with the minor the alternative choices available to the minor for managing the pregnancy, including carrying the pregnancy to term and keeping the infant, carrying the pregnancy to term and placing the infant with a relative or with another family for adoption or having an abortion, and has discussed with the minor the possibility of involving one of the persons specified in
sub. (4) (a) 1. in the minor's decision making concerning the pregnancy and whether or not in the opinion of the minor that involvement would be in the minor's best interests. The court may make the determination under
par. (c) on the basis of the ordained member of the clergy's affidavit or may, in its discretion, require the minor to attend an interview with the court in chambers before making that determination. Any information supplied by a minor to a member of the clergy in preparation of the petition under
s. 48.257 or the affidavit under this paragraph shall be kept confidential and may only be disclosed to the court in connection with a proceeding under this subsection.
48.375(7)(c)
(c) Determination. The court shall grant the petition if the court finds that any of the following standards applies:
48.375(7)(c)1.
1. That the minor is mature and well-informed enough to make the abortion decision on her own.
48.375(7)(c)2.
2. That the performance or inducement of the abortion is in the minor's best interests.
