DCFS INFO MEMO 2001-20

December 13, 2001

STATE OF WISCONSIN
Department of Health and Family Services
Division of Children and Family Services

 

To:

Area Administrators/Assistant Area Administrators
Bureau Directors
County Departments of Community Programs Directors
County Departments of Developmental Disabilities 
       Services Directors
County Departments of Human Services Directors
County Departments of Social Services Directors
Section Chiefs
Tribal Chairpersons/Human Services Facilitators

From:

Susan N. Dreyfus
Administrator

Re:

Computing Time Requirements Under Ch. 48., Stats.

Under current law, delays, continuances and extensions of timelines for court procedures under Ch. 48, Stats., can be granted for the reasons specified in s. 48.315.

The state biennial budget, 2001 Wisconsin Act 16, includes a change to add another reason for granting such a delay, continuance or extension. The Act creates s. 48.315(1)(h) which reads as follows: "Any period of delay resulting from the need to appoint a qualified interpreter."

A related change was also made to s. 48.375(7)(d)1m.

This change became effective on September 1, 2001. This language has been attached for your convenience.

REGIONAL OFFICE CONTACT:

Area Administrator

CENTRAL OFFICE CONTACT:

Mark Mitchell, Manager
Child Welfare/Family Violence Programs Section
DHFS/DCFS/BPP
P.O. Box 8916
Madison, WI 53708-8916
Phone: (608) 266-2860
FAX: (608) 264-6750
E-Mail: mitchms@dhfs.state.wi.us


 

SECTION 1586. 48.315 (1) (h) of the statutes created to read:

48.315 (1) (h) Any period of delay resulting from the need to appoint a qualified interpreter.

SECTION 1587. 48.375 (7) (d) lm, of the statutes is amended to read:

48.375 (7) (d) lm. Except as provided under s. 48.315 (1) (b), (c) and, (f), and if the court fails to comply with the time limits 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.


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