This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB1036,17,2119 48.57 (3m) (a) 1. (intro.) “Child" means a person under 18 years of age. “Child"
20also includes a person 18 years of age or over, but under 21 years of age, if any of the
21following applies:
AB1036,26 22Section 26. 48.57 (3m) (a) 1. a. of the statutes is amended to read:
AB1036,18,623 48.57 (3m) (a) 1. a. The person is under 19 years of age, is a full-time student
24in good academic standing at a secondary school or its vocational or technical
25equivalent, and is reasonably expected to complete his or her program of study and

1be granted a high school or high school equivalency diploma before attaining 21 years
2of age; is enrolled in an institution that provides postsecondary or vocational
3education; is participating in a program or activity designed to promote, or remove
4barriers to, employment; is employed for at least 80 hours per month; or is incapable
5of doing any of those activities due to a medical condition, which incapacity is
6supported by regularly updated information in the child's permanency plan
.
AB1036,27 7Section 27. 48.57 (3m) (a) 1. b. of the statutes is amended to read:
AB1036,18,158 48.57 (3m) (a) 1. b. The person is under 21 years of age, the person is a full-time
9student in good academic standing at a secondary school or its vocational or technical
10equivalent, an individualized education program under s. 115.787 is in effect for the
11person, and the person is
placed in the home of the kinship care relative under an
12order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates
13under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or
14under a voluntary transition-to-independent-living agreement under s. 48.366 (3)
15or 938.366 (3).
AB1036,28 16Section 28. 48.57 (3n) (a) 1. (intro.) of the statutes is amended to read:
AB1036,18,1917 48.57 (3n) (a) 1. (intro.) “Child" means a person under 18 years of age. “Child"
18also includes a person 18 years of age or over, but under 21 years of age, if any of the
19following applies:
AB1036,29 20Section 29. 48.57 (3n) (a) 1. a. of the statutes is amended to read:
AB1036,19,421 48.57 (3n) (a) 1. a. The person is under 19 years of age, is a full-time student
22in good academic standing at a secondary school or its vocational or technical
23equivalent, and is reasonably expected to complete his or her program of study and
24be granted a high school or high school equivalency diploma before attaining 21 years
25of age; is enrolled in an institution that provides postsecondary or vocational

1education; is participating in a program or activity designed to promote, or remove
2barriers to, employment; is employed for at least 80 hours per month; or is incapable
3of doing any of those activities due to a medical condition, which incapacity is
4supported by regularly updated information in the child's permanency plan
.
AB1036,30 5Section 30. 48.57 (3n) (a) 1. b. of the statutes is amended to read:
AB1036,19,136 48.57 (3n) (a) 1. b. The person is under 21 years of age, the person is a full-time
7student in good academic standing at a secondary school or its vocational or technical
8equivalent, an individualized education program under s. 115.787 is in effect for the
9person, and the person is
placed in the home of the long-term kinship care relative
10under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that
11terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years
12of age or under a voluntary transition-to-independent-living agreement under s.
1348.366 (3) or 938.366 (3).
AB1036,31 14Section 31. 48.57 (3n) (am) 6. a. of the statutes is amended to read:
AB1036,20,615 48.57 (3n) (am) 6. a. The date on which the child attains the age of 18 years;
16or, if on that date the child is a full-time student in good academic standing at a
17secondary school or its vocational or technical equivalent and is reasonably expected
18to complete his or her program of study and be granted a high school or high school
19equivalency diploma, the date on which the child is granted a high school or high
20school equivalency diploma or the date on which the child attains the age of 19 years,
21whichever occurs first; or, if on that date the child is a full-time student in good
22academic standing at a secondary school or its vocational or technical equivalent and
23an individualized education program under s. 115.787 is in effect for the child
before
24attaining 21 years of age, is enrolled in an institution that provides postsecondary
25or vocational education, is participating in a program or activity designed to promote,

1or remove barriers to, employment, is employed for at least 80 hours per month, or
2is incapable of doing any of those activities due to a medical condition, which
3incapacity is supported by regularly updated information in the child's permanency
4plan
, the date on which the child is granted a high school or high school equivalency
5diploma
ceases to meet any of those conditions for eligibility or the date on which the
6child attains the age of 21 years, whichever occurs first.
AB1036,32 7Section 32. 48.623 (1m) (intro.) of the statutes is amended to read:
AB1036,20,108 48.623 (1m) Duration of eligibility. (intro.) Subsidized guardianship
9payments under sub. (1) or (6) may be continued after until the child attains 18 21
10years of age if any all of the following applies apply:
AB1036,33 11Section 33. 48.623 (1m) (a) of the statutes is amended to read:
AB1036,20,1912 48.623 (1m) (a) The child is under 19 years of age, is a full-time student at a
13secondary school or its vocational or technical equivalent, and is reasonably expected
14to complete the program before reaching 19 attaining 21 years of age; is enrolled in
15an institution that provides postsecondary or vocational education; is participating
16in a program or activity designed to promote, or remove barriers to, employment; is
17employed for at least 80 hours per month; or is incapable of doing any of those
18activities due to a medical condition, which incapacity is supported by regularly
19updated information in the child's permanency plan
.
AB1036,34 20Section 34. 48.623 (1m) (b) of the statutes is repealed.
AB1036,35 21Section 35. 48.623 (1m) (c) of the statutes is amended to read:
AB1036,21,222 48.623 (1m) (c) The child is under 21 years of age, is a full-time student at a
23secondary school or its vocational or technical equivalent, an individualized
24education program under s. 115.787 is in effect for the child, and the
subsidized

1guardianship agreement for the child became effective on or after the date on which
2the child attained 16 years of age.
AB1036,36 3Section 36. 48.645 (1) (intro.) of the statutes is amended to read:
AB1036,21,104 48.645 (1) Definition. (intro.) In this section, “dependent child" means a child
5under the age of 18 or, if the child is a full-time student at a secondary school or its
6vocational or technical equivalent and is reasonably expected to complete the
7program before reaching 19 years of age, is under the age of 19, or, if the child is a
8full-time student at a secondary school or its vocational or technical equivalent for
9whom an individualized educational program under s. 115.787 is in effect, is
person
10under 21 years of age, who meets all of the following conditions:
AB1036,37 11Section 37. 48.645 (1) (a) of the statutes, as affected by 2019 Wisconsin Act 9,
12is amended to read:
AB1036,21,2213 48.645 (1) (a) The child person is living in a foster home licensed under s. 48.62
14if a license is required under that section, in a foster home located within the
15boundaries of a reservation in this state and licensed by the tribal governing body
16of the reservation, in a group home licensed under s. 48.625, in a subsidized
17guardianship home under s. 48.623, in a residential care center for children and
18youth licensed under s. 48.60, with a parent in a qualifying residential family-based
19treatment facility, or in a supervised independent living arrangement and has been
20placed in that home, center, or arrangement by a county department under s. 46.215,
2146.22, or 46.23, by the department, or by a governing body of an Indian tribe in this
22state under an agreement with a county department under s. 46.215, 46.22, or 46.23.
AB1036,38 23Section 38. 48.645 (1) (b) of the statutes is amended to read:
AB1036,21,2424 48.645 (1) (b) The child person would qualify for aid under s. 49.19, 1993 stats.
AB1036,39 25Section 39. 48.645 (1) (c) of the statutes is created to read:
AB1036,22,8
148.645 (1) (c) The person, if 18 years of age or over, is a full-time student at a
2secondary school or its vocational or technical equivalent and is reasonably expected
3to complete the program before attaining 21 years of age; is enrolled in an institution
4that provides postsecondary or vocational education; is participating in a program
5or activity designed to promote, or remove barriers to, employment; is employed for
6at least 80 hours per month; or is incapable of doing any of those activities due to a
7medical condition, which incapacity is supported by regularly updated information
8in the person's permanency plan.
AB1036,40 9Section 40. 48.685 (1) (bm) of the statutes is amended to read:
AB1036,22,1410 48.685 (1) (bm) “Nonclient resident" means a person, including a person who
11is under 18 years of age, but not under 10 13 years of age, who resides, or is expected
12to reside, at an entity or with a caregiver specified in par. (ag) 1. am., who is not a
13client of the entity or caregiver, and who has, or is expected to have, regular, direct
14contact with clients of the entity or caregiver.
AB1036,41 15Section 41. 48.686 (1) (bm) of the statutes, as affected by 2019 Wisconsin Act
169
, is amended to read:
AB1036,22,1917 48.686 (1) (bm) “Household member" means a person who is age 10 13 or older,
18who resides, or is expected to reside, at a child care program, and who is not a client
19of the child care program or caregiver.
AB1036,42 20Section 42. 48.975 (3m) (intro.) of the statutes is amended to read:
AB1036,22,2221 48.975 (3m) Duration. (intro.) The adoption assistance may be continued after
22until the adoptee attains 18 21 years of age if any all of the following applies apply:
AB1036,43 23Section 43. 48.975 (3m) (a) of the statutes is amended to read:
AB1036,23,624 48.975 (3m) (a) The adoptee is under 19 years of age, is a full-time student at
25a secondary school or its vocational or technical equivalent, and is reasonably

1expected to complete the program before reaching 19 attaining 21 years of age; is
2enrolled in an institution that provides postsecondary or vocational education; is
3participating in a program or activity designed to promote, or remove barriers to,
4employment; is employed for at least 80 hours per month; or is incapable of doing any
5of those activities due to a medical condition, which incapacity is supported by
6regularly updated information in the adoptee's permanency plan
.
AB1036,44 7Section 44. 48.975 (3m) (b) of the statutes is repealed.
AB1036,45 8Section 45. 48.975 (3m) (c) of the statutes is amended to read:
AB1036,23,139 48.975 (3m) (c) The adoptee is under 21 years of age, is a full-time student at
10a secondary school or its vocational or technical equivalent, an individualized
11education program under s. 115.787 is in effect for the adoptee, and the
adoption
12assistance agreement for the adoptee became effective on or after the date on which
13the adoptee attained 16 years of age.
AB1036,46 14Section 46 . 118.163 (4) of the statutes is amended to read:
AB1036,23,1615 118.163 (4) A person who is under 17 years of age a minor on the date of
16disposition is subject to s. 938.342.
AB1036,47 17Section 47 . 118.256 of the statutes is created to read:
AB1036,23,18 18118.256 Responses to school-based behavior. (1) In this section:
AB1036,23,1919 (a) “Court” means the court assigned to exercise jurisdiction under ch. 938.
AB1036,23,2120 (b) “Evidence-based intervention” means a program or practice to which any
21of the following applies:
AB1036,23,2322 1. It has had multiple randomized control studies or a meta-analysis
23demonstrating that the program or practice is effective for a specific population.
AB1036,23,2424 2. It has been rated as effective by a standardized program evaluation tool.
AB1036,23,2525 3. It has been approved by the state superintendent.
AB1036,24,2
1(c) “Restorative justice program” means a program used or adopted by a school
2district that is designed to do all of the following:
AB1036,24,43 1. Enhance school safety, reduce school suspensions, and limit referrals to
4court.
AB1036,24,65 2. Help pupils take responsibility for and repair the harm of behavior that
6occurs in school.
AB1036,24,97 (d) “School-related offense” means habitual truancy or any of the following
8committed by a minor pupil on the property of the public school in which the minor
9pupil is enrolled during a school day or during a school-sponsored activity:
AB1036,24,1110 1. An offense that would be a misdemeanor, other than a violent misdemeanor,
11as defined in s. 941.29 (1g) (b), if committed by an adult.
AB1036,24,1212 2. A violation of a civil law punishable by forfeiture.
AB1036,24,1313 3. A violation of a county, town, or other municipal ordinance.
AB1036,24,1414 4. A status offense.
AB1036,24,1615 (e) “School resource officer” means a law enforcement officer who is all of the
16following:
AB1036,24,1717 1. Trained in school-based policing and crisis response.
AB1036,24,1918 2. Employed and assigned by a law enforcement agency to work in a public
19school using a community-oriented policing approach.
AB1036,24,2120 (f) “School-sponsored activity” means an activity or event that is authorized
21by a school district and satisfies at least one of the following:
AB1036,24,2222 1. The activity or event is managed or supervised by a school district employee.
AB1036,24,2423 2. The activity or event uses school district facilities, equipment, or other school
24district resources.
AB1036,25,2
13. The school district provides substantial financial support for the activity or
2event.
AB1036,25,43 (g) “Status offense” means a violation of the law that would not be a violation
4if committed by an adult.
AB1036,25,7 5(2) (a) Except as provided in sub. (5), neither a school district employee nor a
6school resource officer may refer a minor pupil to a law enforcement agency for an
7alleged school-related offense.
AB1036,25,98 (b) For an alleged school-related offense, a school district employee or a school
9resource officer may refer a minor pupil to any of the following:
AB1036,25,1010 1. A restorative justice program.
AB1036,25,1211 2. An evidence-based intervention developed or adopted by the school district
12or county.
AB1036,25,14 13(3) Notwithstanding sub. (2), a school resource officer may do all of the
14following:
AB1036,25,1515 (a) Transport a minor pupil to a location as permitted by law.
AB1036,25,1616 (b) Take temporary custody of a minor as permitted by law.
AB1036,25,18 17(4) A minor pupil may be referred to an alternative intervention under sub. (2)
18(b) instead of to court or to a law enforcement agency if any of the following applies:
AB1036,25,2219 (a) A school district employee or school resource officer has cause to believe that
20the minor pupil committed a violation that would be a Class A or Class B
21misdemeanor if committed by an adult on the property of the public school in which
22the minor pupil is enrolled during a school day or during a school-sponsored activity.
AB1036,25,2523 (b) A law enforcement officer has reason to believe that a minor pupil
24committed a violation of law on the property of the public school in which the minor
25pupil is enrolled but not during the school day or during a school-sponsored event.
AB1036,26,3
1(5) (a) Subject to pars. (b) and (c), a school district employee may refer a minor
2pupil to court for an alleged school-related offense if the minor pupil refuses to
3participate in an alternative intervention described under sub. (2) (b).
AB1036,26,74 (b) If a minor pupil is referred to court under par. (a), the school district shall
5appoint a school representative to continue to engage with the minor pupil and the
6minor pupil's family through the court process. The representative appointed under
7this paragraph may not be a school resource officer.
AB1036,26,98 (c) A school district employee shall include all of the following in its referral to
9the court:
AB1036,26,1010 1. Attendance records for the pupil.
AB1036,26,1211 2. A report of alternative interventions offered to the pupil before referral to
12the court, including any outcomes.
AB1036,26,1513 3. The name and contact information of the representative assigned by the
14school district to participate in the court process with the minor and the minor's
15family.
AB1036,26,1616 4. Any other information the school district considers relevant to the referral.
AB1036,26,1817 (d) A minor pupil who is referred to court under par. (a) may not be held in
18secured custody.
AB1036,48 19Section 48 . 119.04 (1) of the statutes, as affected by 2019 Wisconsin Act 83,
20is amended to read:
AB1036,27,821 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
2266.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
23115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
24118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125
25to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18,

1118.19, 118.196, 118.20, 118.223, 118.225, 118.256, 118.24 (1), (2) (c) to (f), (6), (8), and
2(10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43,
3118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15)
4to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37),
5(37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a
61st class city school district and board but not, unless explicitly provided in this
7chapter or in the terms of a contract, to the commissioner or to any school transferred
8to an opportunity schools and partnership program.
AB1036,49 9Section 49 . 125.07 (4) (d) of the statutes is amended to read:
AB1036,27,1310 125.07 (4) (d) A person who is under 17 years of age a minor on the date of
11disposition is subject to s. 938.344 unless proceedings have been instituted against
12the person in a court of civil or criminal jurisdiction after dismissal of the citation
13under s. 938.344 (3).
AB1036,50 14Section 50 . 125.07 (4) (e) 1. of the statutes is amended to read:
AB1036,27,1615 125.07 (4) (e) 1. In this paragraph, “defendant" means a person found guilty
16of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.
AB1036,51 17Section 51 . 125.085 (3) (bt) of the statutes is amended to read:
Loading...
Loading...