LRBs0297/1
CMH&GMM:sac:rs
2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 626
February 19, 2014 - Offered by Representative Doyle.
AB626-ASA1,1,5 1An Act to amend 48.02 (12g), 48.13 (10), 48.13 (10m), 48.23 (3m), 48.33 (1) (b),
248.355 (1), 48.415 (2) (am) 1., 48.685 (1) (c) 2., 48.977 (2) (a), 48.977 (4) (b) 3.,
348.981 (3) (c) 2. a., 48.981 (7) (a) 10., 50.065 (1) (e) 2. and 103.34 (1) (b) 2.; to
4repeal and recreate
948.21; and to create 48.02 (2c), 48.02 (12d) and 48.13
5(10r) of the statutes; relating to: neglect of a child and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB626-ASA1,1 6Section 1. 48.02 (2c) of the statutes is created to read:
AB626-ASA1,1,107 48.02 (2c) "Contributes to the neglect" includes the act of contributing to
8neglect even if the child does not actually suffer from neglect if the natural and
9probable consequences of the act or failure to act would be that the child suffers from
10neglect.
AB626-ASA1,2 11Section 2. 48.02 (12d) of the statutes is created to read:
AB626-ASA1,2,4
148.02 (12d) "Necessary care" means the care that is critical to a child's physical
2or emotional health, safety, welfare, or development, based on all of the facts and
3circumstances, such as the child's age, physical or emotional condition, and any
4special needs of the child. "Necessary care" includes any of the following:
AB626-ASA1,2,55 (a) Appropriate food.
AB626-ASA1,2,66 (b) Appropriate clothing.
AB626-ASA1,2,77 (c) Appropriate medical care.
AB626-ASA1,2,88 (d) Appropriate dental care.
AB626-ASA1,2,99 (e) The opportunity for education.
AB626-ASA1,2,1010 (f) Appropriate shelter.
AB626-ASA1,2,1111 (g) Appropriate supervision.
AB626-ASA1,2,1312 (h) Protection from exposure to the distribution, manufacture, or use of
13controlled substances.
AB626-ASA1,3 14Section 3. 48.02 (12g) of the statutes is amended to read:
AB626-ASA1,2,2015 48.02 (12g) "Neglect" means failure, refusal, or inability on the part of a
16caregiver, for reasons other than poverty, to provide necessary care , food, clothing,
17medical or dental care or shelter
as provided under sub. (12d) (a) to (g), or the failure,
18refusal, or inability on the part of a caregiver to provide necessary care as provided
19in sub. (12d) (h),
so as to seriously endanger the physical or emotional health of the
20child.
AB626-ASA1,4 21Section 4. 48.13 (10) of the statutes is amended to read:
AB626-ASA1,2,2522 48.13 (10) Whose parent, guardian, or legal custodian neglects, refuses, or is
23unable for reasons other than poverty to provide necessary care, food, clothing,
24medical or dental care or shelter
so as to seriously endanger the physical or emotional
25health of the child;
AB626-ASA1,5
1Section 5. 48.13 (10m) of the statutes is amended to read:
AB626-ASA1,3,92 48.13 (10m) Whose parent, guardian, or legal custodian is at substantial risk
3of neglecting, refusing, or being unable for reasons other than poverty to provide
4necessary care, food, clothing, medical or dental care or shelter so as to endanger
5seriously the physical or emotional health of the child, based on reliable and credible
6information that the child's parent, guardian, or legal custodian has neglected,
7refused, or been unable for reasons other than poverty to provide necessary care,
8food, clothing, medical or dental care or shelter
so as to endanger seriously the
9physical or emotional health of another child in the home;
AB626-ASA1,6 10Section 6. 48.13 (10r) of the statutes is created to read:
AB626-ASA1,3,1311 48.13 (10r) Whose parent, guardian, or legal custodian contributes to the
12neglect of the child so as to endanger seriously the physical or emotional health of
13the child.
AB626-ASA1,7 14Section 7. 48.23 (3m) of the statutes is amended to read:
AB626-ASA1,3,2115 48.23 (3m) Guardians ad litem or counsel for abused or neglected children.
16The court shall appoint counsel for any child alleged to be in need of protection or
17services under s. 48.13 (3), (3m), (10), (10m) and, (10r), or (11), except that if the child
18is less than 12 years of age the court may appoint a guardian ad litem instead of
19counsel. The guardian ad litem or counsel for the child may not act as counsel for any
20other party or any governmental or social agency involved in the proceeding and may
21not act as court-appointed special advocate for the child in the proceeding.
AB626-ASA1,8 22Section 8. 48.33 (1) (b) of the statutes is amended to read:
AB626-ASA1,4,523 48.33 (1) (b) A recommended plan of rehabilitation or treatment and care for
24the child or expectant mother which is based on the investigation conducted by the
25agency and any report resulting from an examination or assessment under s. 48.295,

1which employs the least restrictive means available to accomplish the objectives of
2the plan, and, in cases of child abuse or neglect or unborn child abuse, which also
3includes an assessment of risks to the physical safety and physical and emotional
4health of the child, or to the physical safety and physical health of the unborn child,
5and a description of a plan for controlling the risks.
AB626-ASA1,9 6Section 9. 48.355 (1) of the statutes is amended to read:
AB626-ASA1,4,237 48.355 (1) Intent. In any order under s. 48.345 or 48.347 the judge shall decide
8on a placement and treatment finding based on evidence submitted to the judge. The
9disposition shall employ those means necessary to maintain and protect the
10well-being of the child or unborn child which are the least restrictive of the rights
11of the parent and child, of the rights of the parent and child expectant mother or of
12the rights of the adult expectant mother, and which assure the care, treatment, or
13rehabilitation of the child and the family, of the child expectant mother, the unborn
14child, and the family or of the adult expectant mother and the unborn child,
15consistent with the protection of the public. When appropriate, and, in cases of child
16abuse or neglect or unborn child abuse, when it is consistent with the best interest
17of the child in terms of physical safety and physical and emotional health or unborn
18child in terms of physical safety and physical health, the family unit shall be
19preserved and there shall be a policy of transferring custody of a child from the
20parent or of placing an expectant mother outside of her home only when there is no
21less drastic alternative. If there is no less drastic alternative for a child than
22transferring custody from the parent, the judge shall consider transferring custody
23to a relative whenever possible.
AB626-ASA1,10 24Section 10. 48.415 (2) (am) 1. of the statutes is amended to read:
AB626-ASA1,5,5
148.415 (2) (am) 1. That on 3 or more occasions the child has been adjudicated
2to be in need of protection or services under s. 48.13 (3), (3m), (10) or, (10m), or (10r)
3and, in connection with each of those adjudications, has been placed outside his or
4her home pursuant to a court order under s. 48.345 containing the notice required
5by s. 48.356 (2).
AB626-ASA1,11 6Section 11. 48.685 (1) (c) 2. of the statutes is amended to read:
AB626-ASA1,5,117 48.685 (1) (c) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19
8(2), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295,
9942.09 (2), 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.051, 948.055, 948.06,
10948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) (2), 948.30,
11or 948.53.
AB626-ASA1,12 12Section 12. 48.977 (2) (a) of the statutes is amended to read:
AB626-ASA1,5,1913 48.977 (2) (a) That the child has been adjudged to be in need of protection or
14services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (10r), (11),
15or (11m) or 938.13 (4) and been placed, or continued in a placement, outside of his or
16her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363,
1748.365, 938.345, 938.357, 938.363, or 938.365 or that the child has been so adjudged
18and placement of the child in the home of a guardian under this section has been
19recommended under s. 48.33 (1) or 938.33 (1).
AB626-ASA1,13 20Section 13. 48.977 (4) (b) 3. of the statutes is amended to read:
AB626-ASA1,6,321 48.977 (4) (b) 3. The date on which the child was adjudged in need of protection
22or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (10r),
23(11), or (11m) or 938.13 (4) and the dates on which the child has been placed, or
24continued in a placement, outside of his or her home pursuant to one or more court
25orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365

1or, if the child has been so adjudged, but not so placed, the date of the report under
2s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person
3is recommended.
AB626-ASA1,14 4Section 14. 48.981 (3) (c) 2. a. of the statutes is amended to read:
AB626-ASA1,6,115 48.981 (3) (c) 2. a. If the person making the investigation is an employee of the
6county department or, in a county having a population of 500,000 or more, the
7department or a licensed child welfare agency under contract with the department
8and he or she determines that it is consistent with the child's best interest in terms
9of physical safety and physical and emotional health to remove the child from his or
10her home for immediate protection, he or she shall take the child into custody under
11s. 48.08 (2) or 48.19 (1) (c) and deliver the child to the intake worker under s. 48.20.
AB626-ASA1,15 12Section 15. 48.981 (7) (a) 10. of the statutes is amended to read:
AB626-ASA1,6,1813 48.981 (7) (a) 10. A court conducting proceedings under s. 48.21 or 48.213, a
14court conducting proceedings related to a petition under s. 48.13, 48.133 or 48.42 or
15a court conducting dispositional proceedings under subch. VI or VIII in which abuse
16or neglect, or contribution to the neglect, of the child who is the subject of the report
17or record or abuse of the unborn child who is the subject of the report or record is an
18issue.
AB626-ASA1,16 19Section 16. 50.065 (1) (e) 2. of the statutes is amended to read:
AB626-ASA1,7,220 50.065 (1) (e) 2. For the purposes of an entity that serves persons under the age
21of 18, "serious crime" includes a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05,
22948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12,
23948.13, 948.21 (1) (2), 948.30, or 948.53 or a violation of the law of any other state or
24United States jurisdiction that would be a violation of s. 948.02 (2), 948.03 (2) (b) or

1(c), 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am),
2948.12, 948.13, 948.21 (1) (2), 948.30, or 948.53 if committed in this state.
AB626-ASA1,17 3Section 17. 103.34 (1) (b) 2. of the statutes is amended to read:
AB626-ASA1,7,104 103.34 (1) (b) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07,
5940.08, 940.09, 940.10, 940.19 (2), (4), (5), or (6), 940.21, 940.225 (1), (2), or (3),
6940.23, 940.235, 940.24, 940.25, 940.30, 940.302, 940.305, 940.31, 943.02, 943.03,
7943.04, 943.10, 943.30, 943.31, 943.32, 944.32, 944.33 (2), 944.34, 946.10, 948.02 (1)
8or (2), 948.025, 948.03 (2) or (3), 948.04, 948.05, 948.051, 948.055, 948.06, 948.07,
9948.075, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) (2), or
10948.30 or of a substantially similar federal law or law of another state.
AB626-ASA1,18 11Section 18. 948.21 of the statutes is repealed and recreated to read:
AB626-ASA1,7,12 12948.21 Neglecting a child. (1) Definitions. In this section:
AB626-ASA1,7,1413 (a) "Child sex offense" means an offense under s. 948.02, 948.025, 948.05,
14948.051, 948.055, 948.06, 948.07, 948.10, 948.11, or 948.12.
AB626-ASA1,7,1715 (am) "Contributes to the neglect" includes the act of contributing to neglect
16even if the child does not actually suffer from neglect if the natural and probable
17consequences of the act or failure to act would be that the child suffers from neglect.
AB626-ASA1,7,1918 (ar) "Course of conduct" means a pattern of conduct composed of a series of
19actions or inactions over a period of time, however short.
AB626-ASA1,7,2020 (b) "Emotional damage" has the meaning given in s. 48.02 (5j).
AB626-ASA1,7,2421 (c) "Necessary care" means the care that is critical to a child's physical or
22emotional health, safety, welfare, or development, based on all of the facts and
23circumstances, such as the child's age, physical or emotional condition, and any
24special needs of the child. "Necessary care" includes any of the following:
AB626-ASA1,7,2525 1. Appropriate food.
AB626-ASA1,8,1
12. Appropriate clothing.
AB626-ASA1,8,22 3. Appropriate medical care.
AB626-ASA1,8,33 4. Appropriate dental care.
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