AB463-ASA1,6,213 46.40 (7m) Use by county of community aids funds to pay private attorneys
14for certain proceedings under the children's code
. Upon application by a county
15department under s. 46.215, 46.22 or 46.23 to the department for permission to use
16funds allocated to that county department under sub. (2) to employ private counsel
17for the purposes specified in this subsection and a determination by the department
18that use of funds for those purposes does not affect any federal grants or federal
19funding allocated under this section, the department and the county department
20shall execute a contract authorizing the county department to expend, as agreed
21upon in the contract, funds allocated to that county department under sub. (2) to
22permit the county department to employ private counsel to represent the interests
23of the state or county in proceedings under ch. 48 relating to child abuse or neglect
24cases, unborn child abuse cases, proceedings to terminate parental rights and any

1ch. 48 cases or proceedings involving the Indian child welfare act, 25 USC 1901 to
21963.
AB463-ASA1, s. 6 3Section 6. 46.51 (title) of the statutes is amended to read:
AB463-ASA1,6,4 446.51 (title) Child abuse and neglect and unborn child abuse services.
AB463-ASA1, s. 7 5Section 7. 46.51 (1) of the statutes is amended to read:
AB463-ASA1,6,96 46.51 (1) From the amounts distributed under s. 46.40 (1) for services for
7children and families, the department shall distribute funds to eligible counties for
8services related to child abuse and neglect and to unborn child abuse, including child
9abuse and neglect and unborn child abuse prevention, investigation and treatment.
AB463-ASA1, s. 8 10Section 8. 46.51 (3) of the statutes is amended to read:
AB463-ASA1,6,1411 46.51 (3) The department shall distribute the funds under sub. (1) to counties
12that have a serious problem with child abuse and neglect or with unborn child abuse
13according to eligibility criteria and distribution criteria to be developed by the
14department.
AB463-ASA1, s. 9 15Section 9. 46.51 (4) of the statutes is amended to read:
AB463-ASA1,6,1916 46.51 (4) A county may use the funds distributed under this section to fund
17additional foster parents and treatment foster parents to care for abused and
18neglected children and to fund additional staff positions to provide services related
19to child abuse and neglect and to unborn child abuse.
AB463-ASA1, s. 10 20Section 10. 46.51 (5) of the statutes is amended to read:
AB463-ASA1,6,2421 46.51 (5) A county may not use the funds distributed under this section to
22reduce its expenditures from other sources for services related to child abuse and
23neglect or to unborn child abuse below the level in the year before the year for which
24the funds are distributed.
AB463-ASA1, s. 11 25Section 11. 46.95 (2) (a) of the statutes is amended to read:
AB463-ASA1,7,6
146.95 (2) (a) The secretary shall make grants from the appropriations under
2s. 20.435 (1) (cd) and (hh) to organizations for the provision of any of the services
3specified in sub. (1) (d). Grants may be made to organizations which have provided
4those domestic abuse services in the past or to organizations which propose to
5provide those services in the future. No grant may be made to fund services for child
6or unborn child abuse or abuse of elderly persons.
AB463-ASA1, s. 12 7Section 12. 48.01 (1) (intro.) of the statutes is amended to read:
AB463-ASA1,7,118 48.01 (1) (intro.)  This chapter may be cited as "The Children's Code". In
9construing this chapter, the best interests of the child or unborn child shall always
10be of paramount consideration. This chapter shall be liberally construed to
11effectuate the following express legislative purposes:
AB463-ASA1, s. 13 12Section 13. 48.01 (1) (a) of the statutes is amended to read:
AB463-ASA1,8,213 48.01 (1) (a) While recognizing that the paramount goal of this chapter is to
14protect children and unborn children, to preserve the unity of the family, whenever
15appropriate, by strengthening family life through assisting parents and the
16expectant mothers of unborn children
, whenever appropriate, in fulfilling their
17parental responsibilities as parents or expectant mothers. The courts and agencies
18responsible for child welfare should assist parents and the expectant mothers of
19unborn children
in changing any circumstances in the home which might harm the
20child or unborn child, which may require the child to be placed outside the home or
21which may require the expectant mother to be taken into custody
. The courts should
22recognize that they have the authority, in appropriate cases, not to reunite a child
23with his or her family. The courts and agencies responsible for child welfare should
24also recognize that instability and impermanence in family relationships are
25contrary to the welfare of children and should therefore recognize the importance of

1eliminating the need for children to wait unreasonable periods of time for their
2parents to correct the conditions that prevent their return to the family.
AB463-ASA1, s. 14 3Section 14. 48.01 (1) (am) of the statutes is created to read:
AB463-ASA1,8,164 48.01 (1) (am) To recognize that unborn children have certain basic needs
5which must be provided for, including the need to develop physically to their
6potential and the need to be free from physical harm due to the habitual lack of
7self-control of their expectant mothers in the use of alcohol beverages, controlled
8substances or controlled substance analogs, exhibited to a severe degree. It is further
9recognized that, when an expectant mother of an unborn child suffers from a
10habitual lack of self-control in the use of alcohol beverages, controlled substances or
11controlled substance analogs, exhibited to a severe degree, in order to ensure that the
12needs of the unborn child, as described in this paragraph, are provided for, the court
13may determine that it is in the best interests of the unborn child for the expectant
14mother to be ordered to receive treatment, including inpatient treatment, for that
15habitual lack of self-control, consistent with any applicable law relating to the rights
16of the expectant mother.
AB463-ASA1, s. 15 17Section 15. 48.01 (1) (bm) of the statutes is created to read:
AB463-ASA1,8,2118 48.01 (1) (bm) To ensure that unborn children are protected against the
19harmful effects resulting from the habitual lack of self-control of their expectant
20mothers in the use of alcohol beverages, controlled substances or controlled
21substance analogs, exhibited to a severe degree.
AB463-ASA1, s. 16 22Section 16. 48.01 (1) (br) of the statutes is amended to read:
AB463-ASA1,9,323 48.01 (1) (br) To encourage innovative and effective prevention, intervention
24and treatment approaches, including collaborative community efforts and the use of
25community-based programs, as significant strategies in planning and

1implementing legislative, executive and local government policies and programs
2relating to children and their families and substitute families and to unborn children
3and their expectant mothers
.
AB463-ASA1, s. 17 4Section 17. 48.01 (1) (dm) of the statutes is amended to read:
AB463-ASA1,9,75 48.01 (1) (dm) To divert children and unborn children from formal proceedings
6under this chapter to the extent that this is consistent with protection of children,
7unborn children
and the public safety.
AB463-ASA1, s. 18 8Section 18. 48.02 (1) (am) of the statutes is created to read:
AB463-ASA1,9,139 48.02 (1) (am) When used in referring to an unborn child, serious physical harm
10inflicted on the unborn child, and the risk of serious physical harm to the child when
11born, caused by the habitual lack of self-control of the expectant mother of the
12unborn child in the use of alcohol beverages, controlled substances or controlled
13substance analogs, exhibited to a severe degree.
AB463-ASA1, s. 19 14Section 19. 48.02 (17m) of the statutes is amended to read:
AB463-ASA1,9,2515 48.02 (17m) "Special treatment or care" means professional services which
16need to be provided to a child or his or her family to protect the well-being of the child,
17prevent placement of the child outside the home or meet the special needs of the
18child. "Special treatment or care" also means professional services which need to be
19provided to the expectant mother of an unborn child to protect the physical health
20of the unborn child and of the child when born from the harmful effects resulting from
21the habitual lack of self-control of the expectant mother in the use of alcohol,
22controlled substances or controlled substance analogs, exhibited to a severe degree.

23This term includes, but is not limited to, medical, psychological or psychiatric
24treatment, alcohol or other drug abuse treatment or other services which the court
25finds to be necessary and appropriate.
AB463-ASA1, s. 20
1Section 20. 48.02 (19) of the statutes is created to read:
AB463-ASA1,10,42 48.02 (19) "Unborn child" means an unborn human who is at that stage of fetal
3development when there is a reasonable likelihood of sustained survival outside the
4womb, with or without artificial support.
AB463-ASA1, s. 21 5Section 21. 48.06 (1) (a) 1. of the statutes is amended to read:
AB463-ASA1,10,206 48.06 (1) (a) 1. In counties with a population of 500,000 or more, the county
7board of supervisors shall provide the court with the services necessary for
8investigating and supervising cases by operating a children's court center under the
9supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The
10director is the chief administrative officer of the center and of the intake and
11probation sections and secure detention facilities of the center except as otherwise
12provided in this subsection. The director is charged with administration of the
13personnel and services of the sections and of the secure detention facilities, and is
14responsible for supervising both the operation of the physical plant and the
15maintenance and improvement of the buildings and grounds of the center. The
16center shall include investigative services for all children and unborn children
17alleged to be in need of protection or services to be provided by the county
18department, and the services of an assistant district attorney or assistant
19corporation counsel or both, who shall be assigned to the center to provide
20investigative as well as legal work in the cases.
AB463-ASA1, s. 22 21Section 22. 48.06 (1) (a) 3. of the statutes is amended to read:
AB463-ASA1,11,1922 48.06 (1) (a) 3. The county board of supervisors shall develop policies and
23establish necessary rules for the management and administration of the nonjudicial
24operations of the children's court center. The director of the center shall report and
25is responsible to the director of the county department for the execution of all

1nonjudicial operational policies and rules governing the center, including activities
2of probation officers whenever they are not performing services for the court. The
3director of the center is also responsible for the preparation and submission to the
4county board of supervisors of the annual budget for the center except for the judicial
5functions or responsibilities which are delegated by law to the judge or judges and
6clerk of circuit court. The county board of supervisors shall make provision in the
7organization of the office of director for the devolution of the director's authority in
8the case of temporary absence, illness, disability to act or a vacancy in position and
9shall establish the general qualifications for the position. The county board of
10supervisors also has the authority to investigate, arbitrate and resolve any conflict
11in the administration of the center as between judicial and nonjudicial operational
12policy and rules. The county board of supervisors does not have authority and may
13not assert jurisdiction over the disposition of any case or , child, unborn child or
14expectant mother of an unborn child
after a written order is made under s. 48.21 or
1548.213
or if a petition is filed under s. 48.25. All personnel of the intake and probation
16sections and of the secure detention facilities shall be appointed under civil service
17by the director except that existing court service personnel having permanent civil
18service status may be reassigned to any of the respective sections within the center
19specified in this paragraph.
AB463-ASA1, s. 23 20Section 23. 48.06 (1) (am) 3. of the statutes is amended to read:
AB463-ASA1,12,221 48.06 (1) (am) 3. Each intake worker whose responsibilities include
22investigation or treatment of child abuse or neglect or unborn child abuse shall
23successfully complete additional training in child abuse and neglect and unborn
24child abuse
protective services approved by the department under s. 48.981 (8) (d).

1Not more than 4 hours of the additional training may be applied to the requirement
2under subd. 1.
AB463-ASA1, s. 24 3Section 24. 48.06 (2) (c) of the statutes is amended to read:
AB463-ASA1,12,94 48.06 (2) (c) Each intake worker whose responsibilities include investigation
5or treatment of child abuse or neglect or unborn child abuse shall successfully
6complete additional training in child abuse and neglect and unborn child abuse
7protective services approved by the department under s. 48.981 (8) (d). Not more
8than 4 hours of the additional training may be applied to the requirement under par.
9(b).
AB463-ASA1, s. 25 10Section 25. 48.065 (1) of the statutes is amended to read:
AB463-ASA1,12,1911 48.065 (1) The board of supervisors of any county may authorize the chief judge
12of the judicial administrative district to appoint one or more part-time or full-time
13juvenile court commissioners who shall serve at the discretion of the chief judge. A
14juvenile court commissioner shall be licensed to practice law in this state and shall
15have been so licensed for at least 2 years immediately prior to appointment and shall
16have a demonstrated interest in the welfare of children and unborn children. The
17chief judge may assign law clerks, bailiffs and deputies to the court commissioner.
18The chief judge shall supervise juvenile court commissioners, law clerks, bailiffs and
19deputies, except that the chief judge may delegate any of those duties.
AB463-ASA1, s. 26 20Section 26. 48.065 (2) (bm) of the statutes is created to read:
AB463-ASA1,12,2221 48.065 (2) (bm) Conduct hearings under s. 48.213 and thereafter order an adult
22expectant mother of an unborn child to be held in or released from custody.
AB463-ASA1, s. 27 23Section 27. 48.065 (2) (gm) of the statutes is amended to read:
AB463-ASA1,12,2424 48.065 (2) (gm) Conduct uncontested proceedings under s. ss. 48.13 and 48.133.
AB463-ASA1, s. 28 25Section 28. 48.065 (3) (c) of the statutes is amended to read:
AB463-ASA1,13,2
148.065 (3) (c) Make dispositions other than approving consent decrees and
2other than dispositions in uncontested proceedings under s. 48.13 or 48.133.
AB463-ASA1, s. 29 3Section 29. 48.065 (3) (e) of the statutes is amended to read:
AB463-ASA1,13,64 48.065 (3) (e) Make changes in placements of children or of the expectant
5mothers of unborn children
, or revisions or extensions of dispositional orders, except
6in uncontested proceedings under s. 48.13 or 48.133.
AB463-ASA1, s. 30 7Section 30. 48.067 (1) of the statutes is amended to read:
AB463-ASA1,13,118 48.067 (1) Provide intake services 24 hours a day, 7 days a week, for the purpose
9of screening children taken into custody and not released under s. 48.20 (2) and the
10adult expectant mothers of unborn children taken into custody and not released
11under s. 48.203 (1)
;
AB463-ASA1, s. 31 12Section 31. 48.067 (2) of the statutes is amended to read:
AB463-ASA1,14,213 48.067 (2) Interview, unless impossible, any child or expectant mother of an
14unborn child
who is taken into physical custody and not released, and where when
15appropriate interview other available concerned parties. If the child cannot be
16interviewed, the intake worker shall consult with the child's parent or a responsible
17adult. If an adult expectant mother of an unborn child cannot be interviewed, the
18intake worker shall consult with an adult relative or friend of the adult expectant
19mother.
No child may be placed in a secure detention facility unless the child has
20been interviewed in person by an intake worker, except that if the intake worker is
21in a place which is distant from the place where the child is or the hour is
22unreasonable, as defined by written court intake rules, and if the child meets the
23criteria under s. 48.208, the intake worker, after consulting by telephone with the
24law enforcement officer who took the child into custody, may authorize the secure
25holding of the child while the intake worker is en route to the in-person interview

1or until 8 a.m. of the morning after the night on which the child was taken into
2custody.
AB463-ASA1, s. 32 3Section 32. 48.067 (3) of the statutes is amended to read:
AB463-ASA1,14,64 48.067 (3) Determine whether the child or the expectant mother of an unborn
5child
shall be held under s. 48.205 and such policies as the judge shall promulgate
6under s. 48.06 (1) or (2);
AB463-ASA1, s. 33 7Section 33. 48.067 (4) of the statutes is amended to read:
AB463-ASA1,14,98 48.067 (4) If the child or the expectant mother of an unborn child is not
9released, determine where the child or expectant mother shall be held;
AB463-ASA1, s. 34 10Section 34. 48.067 (6m) of the statutes is amended to read:
AB463-ASA1,14,1211 48.067 (6m) Conduct the multidisciplinary screen in counties that have a pilot
12an alcohol and other drug abuse program under s. 48.547.
AB463-ASA1, s. 35 13Section 35. 48.067 (8) of the statutes is amended to read:
AB463-ASA1,14,1614 48.067 (8) Make interim recommendations to the court concerning children,
15and unborn children and their expectant mothers,
awaiting final disposition under
16s. 48.355; and
AB463-ASA1, s. 36 17Section 36. 48.069 (1) (a) of the statutes is amended to read:
AB463-ASA1,14,2018 48.069 (1) (a) Supervise and assist a child and the child's family or the
19expectant mother of an unborn child
pursuant to informal dispositions, a consent
20decree or order of the court.
AB463-ASA1, s. 37 21Section 37. 48.069 (1) (c) of the statutes is amended to read:
AB463-ASA1,14,2422 48.069 (1) (c) Make an affirmative effort to obtain necessary or desired services
23for the child and the child's family or for the expectant mother of an unborn child and
24investigate and develop resources toward that end.
AB463-ASA1, s. 38 25Section 38. 48.07 (4) of the statutes is amended to read:
AB463-ASA1,15,8
148.07 (4) County departments that provide developmental disabilities,
2mental health or alcohol and other drug abuse services.
Within the limits of
3available state and federal funds and of county funds appropriated to match state
4funds, the court may order county departments established under s. 51.42 or 51.437
5to provide special treatment or care to a child if special treatment or care has been
6ordered under s. 48.345 (6) and if s. 48.362 (4) applies or to provide special treatment
7or care to the expectant mother of an unborn child if special treatment or care has
8been ordered under s. 48.347 (4) and if s. 48.362 (4) applies
.
AB463-ASA1, s. 39 9Section 39. 48.08 (1) of the statutes is amended to read:
AB463-ASA1,15,1610 48.08 (1) It is the duty of each person appointed to furnish services to the court
11as provided in ss. 48.06 and 48.07 to make such investigations and exercise such
12discretionary powers as the judge may direct, to keep a written record of such
13investigations and to submit a report to the judge. Such person shall keep informed
14concerning the conduct and condition of the a child or expectant mother of an unborn
15child
under the person's supervision and shall report thereon on that conduct and
16condition
as the judge directs.
AB463-ASA1, s. 40 17Section 40. 48.08 (3) of the statutes is created to read:
AB463-ASA1,15,2518 48.08 (3) Any person authorized to provide or providing intake or dispositional
19services for the court under s. 48.067 or 48.069 has the power of police officers and
20deputy sheriffs only for the purpose of taking the expectant mother of an unborn
21child into physical custody when the expectant mother comes voluntarily or when
22there is a substantial risk that the physical health of the unborn child, and of the
23child when born, will be seriously affected or endangered due to the expectant
24mother's habitual lack of self-control in the use of alcohol beverages, controlled
25substances or controlled substance analogs, exhibited to a severe degree.
AB463-ASA1, s. 41
1Section 41. 48.09 (5) of the statutes is amended to read:
AB463-ASA1,16,72 48.09 (5) By the district attorney or, if designated by the county board of
3supervisors, by the corporation counsel, in any matter arising under s. 48.13, 48.133
4or 48.977. If the county board transfers this authority to or from the district attorney
5on or after May 11, 1990, the board may do so only if the action is effective on
6September 1 of an odd-numbered year and the board notifies the department of
7administration of that change by January 1 of that odd-numbered year.
AB463-ASA1, s. 42 8Section 42. 48.133 of the statutes is created to read:
AB463-ASA1,16,19 948.133 Jurisdiction over unborn children in need of protection or
10services and the expectant mothers of those unborn children.
The court has
11exclusive original jurisdiction over an unborn child alleged to be in need of protection
12or services which can be ordered by the court whose expectant mother habitually
13lacks self-control in the use of alcohol beverages, controlled substances or controlled
14substance analogs, exhibited to a severe degree, to the extent that there is a
15substantial risk that the physical health of the unborn child, and of the child when
16born, will be seriously affected or endangered unless the expectant mother receives
17prompt and adequate treatment for that habitual lack of self-control. The court also
18has exclusive original jurisdiction over the expectant mother of an unborn child
19described in this section.
AB463-ASA1, s. 43 20Section 43. 48.135 (title) of the statutes is amended to read:
AB463-ASA1,16,22 2148.135 (title) Referral of children and expectant mothers of unborn
22children
to proceedings under chapter 51 or 55.
AB463-ASA1, s. 44 23Section 44. 48.135 (1) of the statutes is amended to read:
AB463-ASA1,17,624 48.135 (1) If a child alleged to be in need of protection or services or a child
25expectant mother of an unborn child alleged to be in need of protection or services


1is before the court and it appears that the child or child expectant mother is
2developmentally disabled, mentally ill or drug dependent or suffers from alcoholism,
3the court may proceed under ch. 51 or 55. If an adult expectant mother of an unborn
4child alleged to be in need of protection or services is before the court and it appears
5that the adult expectant mother is drug dependent or suffers from alcoholism, the
6court may proceed under ch. 51.
AB463-ASA1, s. 45 7Section 45. 48.135 (2) of the statutes is amended to read:
AB463-ASA1,17,148 48.135 (2) Any Except as provided in ss. 48.19 to 48.21 and s. 48.345 (14), any
9voluntary or involuntary admissions, placements or commitments of a child made in
10or to an inpatient facility, as defined in s. 51.01 (10), shall be governed by ch. 51 or
1155. Except as provided in ss. 48.193 to 48.213 and s. 48.347 (6), any voluntary or
12involuntary admissions, placements or commitments of an adult expectant mother
13of an unborn child made in or to an inpatient facility, as defined in s. 51.01 (10), shall
14be governed by ch. 51.
AB463-ASA1, s. 46 15Section 46. 48.14 (5) of the statutes is amended to read:
AB463-ASA1,17,1916 48.14 (5) Proceedings under chs. 51 and 55 which apply to minors and
17proceedings under ch. 51 which apply to the adult expectant mothers of unborn
18children, if those adult expectant mothers appear to be drug dependent or to suffer
19from alcoholism
.
AB463-ASA1, s. 47 20Section 47. 48.15 of the statutes is amended to read:
AB463-ASA1,18,4 2148.15 Jurisdiction of other courts to determine legal custody. Nothing
22contained in ss. 48.13, 48.133 and 48.14 deprives other courts of the right to
23determine the legal custody of children by habeas corpus or to determine the legal
24custody or guardianship of children if the legal custody or guardianship is incidental
25to the determination of causes pending in the other courts. But the jurisdiction of

1the court assigned to exercise jurisdiction under this chapter and ch. 938 is
2paramount in all cases involving children alleged to come within the provisions of ss.
348.13 and 48.14 and unborn children and their expectant mothers alleged to come
4within the provisions of ss. 48.133 and 48.14 (5)
.
AB463-ASA1, s. 48 5Section 48. 48.185 (1) of the statutes is amended to read:
AB463-ASA1,18,146 48.185 (1) Subject to sub. (2), venue for any proceeding under ss. 48.13, 48.133,
748.135 and 48.14 (1) to (9) may be in any of the following: the county where the child
8or the expectant mother of the unborn child resides , or the county where the child
9is or expectant mother is present or, in the case of a violation of a state law or a county,
10town or municipal ordinance, the county where the violation occurred
. Venue for
11proceedings brought under subch. VIII is as provided in this subsection except where
12the child has been placed and is living outside the home of the child's parent pursuant
13to a dispositional order, in which case venue is as provided in sub. (2). Venue for a
14proceeding under s. 48.14 (10) is as provided in s. 801.50 (5s).
AB463-ASA1, s. 49 15Section 49. 48.185 (2) of the statutes is amended to read:
AB463-ASA1,18,2516 48.185 (2) In an action under s. 48.41, venue shall be in the county where the
17birth parent or child resides at the time that the petition is filed. Venue for any
18proceeding under s. 48.363, 48.365 or 48.977, or any proceeding under subch. VIII
19when the child has been placed outside the home pursuant to a dispositional order
20under s. 48.345 or 48.347, shall be in the county where the dispositional order was
21issued, unless the child's county of residence has changed, or the parent of the child
22or the expectant mother of the unborn child has resided in a different county of this
23state for 6 months. In either case, the court may, upon a motion and for good cause
24shown, transfer the case, along with all appropriate records, to the county of
25residence of the child or, parent or expectant mother.
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