48.365 Annotation
A dispositional order may be extended without a finding of dangerousness. In Interest of R.E.H.
101 Wis. 2d 647,
305 N.W.2d 162 (Ct. App. 1981).
48.365 Annotation
An extension under sub. (6) does not deprive a juvenile of liberty without due process. In Interest of S.D.R.
109 Wis. 2d 567,
326 N.W.2d 762 (1982).
48.365 Annotation
Mandatory time limits affect a trial court's competency to act, but an objection must be raised before the trial court to avoid waiver. In Interest of L.M.C.
146 Wis. 2d 377,
430 N.W.2d 352 (Ct. App. 1988).
48.365 Annotation
The court may extend a dispositional order for 30 days under sub. (6) to consider a petition to extend the original order even when the juvenile turns 18 during the extension period. In Interest of W.P.
153 Wis. 2d 50,
449 N.W.2d 615 (1990).
48.365 Annotation
The court loses competence to exercise jurisdiction to extend an order when a hearing is not held within the 30-day period under sub. (6); the 30-day period may not be expanded by continuance under s. 48.315 and the court's loss of competence cannot be waived. In Interest of B.J.N.
162 Wis. 2d 635,
469 N.W.2d 845 (1991).
48.366
48.366
Extended court jurisdiction. 48.366(1)(a)1.
1. If the act for which the person was adjudged delinquent was a violation of
s. 940.01, the order shall remain in effect until the person reaches 25 years of age or until the termination of the order under
sub. (6), whichever occurs earlier.
48.366(1)(a)2.
2. If the act for which the person was adjudged delinquent was any other violation specified in this paragraph, the order shall remain in effect until the person reaches 21 years of age or until the termination of the order under
sub. (6), whichever occurs earlier.
48.366(1)(b)
(b) Subject to
par. (c), if the person committed a crime specified in
s. 940.20 (1) or
946.43 while placed in a secured correctional facility and is adjudged delinquent on that basis following transfer of jurisdiction under
s. 970.032, the court shall enter an order extending its jurisdiction until the person reaches 21 years of age or until termination of the order under
sub. (6), whichever occurs earlier.
48.366(1)(c)
(c) A court may not enter an order extending its jurisdiction as provided in
par. (a) or
(b) with respect to any violation committed after June 30, 1996.
48.366(5)(a)(a) Any of the following may petition the court for a revision of an order:
48.366(5)(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(5)(b)
(b) The department of corrections or county department may, at any time, file a petition proposing either release of a person subject to an order to aftercare supervision or revocation of the person's aftercare supervision. The petition shall set forth in detail:
48.366(5)(b)1.
1. The proposed treatment and supervision plan and proposed institutional placement, if any.
48.366(5)(b)2.
2. Any available information that is relevant to the advisability of revising the order.
48.366(5)(c)
(c) The person subject to an order may, no more often than once each year, file a petition proposing his or her release to aftercare supervision. The petition shall set forth in detail:
48.366(5)(c)2.
2. Any available information that is relevant to the advisability of revising the order.
48.366(5)(d)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 a right to request a hearing on the petition and, if the petition is for revocation of a person's aftercare supervision, 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 child was adjudged delinquent and the victim, if any, of the delinquent act.
48.366(5)(d)2.
2. At the time a person subject to an order files a petition under
par. (a), the person shall provide written notice of the petition to the department of corrections or county department, as applicable.
48.366(5)(e)
(e) In making a determination under this subsection, the court shall balance the needs of the person with the protection of the public.
48.366(5)(f)
(f) If the court grants a petition to release a person to aftercare supervision and the person's county of residence is one in which the county department provides aftercare supervision, the department of corrections may contract with the county department under
s. 301.08 (2) for aftercare supervision of the person.
48.366(6)
(6) Petition for discharge; hearings. 48.366(6)(a)(a) Any of the following may petition the court that entered an order to terminate the order and to discharge the person subject to the order from supervision:
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 person is 15 years of age or over, the department of corrections may transfer the person to the Racine youthful offender correctional facility named in
s. 302.01 as provided in
s. 938.357 (4) (d). 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 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;
1997 a. 80.
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(1)(c)
(c) Any other medical information concerning the child that is necessary for the care of the child. 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 of the following:
48.371(3)(a)
(a) 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(3)(b)
(b) Any involvement of the child in any criminal gang, as defined in
s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group. 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)(c)
(c) Any involvement of the child in any activities that are harmful to the child's physical, mental or moral well-being. 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)(d)
(d) Any involvement of the child, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of
s. 940.225,
948.02 or
948.025, prostitution in violation of
s. 944.30, sexual exploitation of a child in violation of
s. 948.05 or causing a child to view or listen to sexual activity in violation of
s. 948.055, if the information is necessary for the care of the child or for the protection of any person living in the foster home, treatment foster home, group home or child caring institution. 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)(e)
(e) The religious affiliation or belief of the child.
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:
