DCFS INFO MEMO 2001-20
December 13, 2001
STATE OF WISCONSIN
Department of Health and Family Services
Division of Children and Family Services
Area Administrators/Assistant Area Administrators
County Departments of Community Programs Directors
County Departments of Developmental Disabilities
County Departments of Human Services Directors
County Departments of Social Services Directors
Tribal Chairpersons/Human Services Facilitators
Susan N. Dreyfus
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:
CENTRAL OFFICE CONTACT:
Mark Mitchell, Manager
Child Welfare/Family Violence Programs Section
P.O. Box 8916
Madison, WI 53708-8916
Phone: (608) 266-2860
FAX: (608) 264-6750
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
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.