AB463-ASA1,92,157 48.396 (2) (ap) Upon the written permission of an expectant mother of an
8unborn child who is the subject of a record of a court specified in par. (a) if 14 years
9of age or over, or of her parent, guardian or legal custodian, if under 14 years of age,
10and of the unborn child by the unborn child's guardian ad litem, the court shall open
11for inspection by the person named in the permission any records specifically
12identified by the expectant mother, or parent, guardian or legal custodian, and
13unborn child by the unborn child's guardian ad litem in the written permission,
14unless the court finds, after due notice and hearing, that inspection of those records
15by the person named in the permission would result in imminent danger to anyone.
AB463-ASA1, s. 228 16Section 228. 48.396 (5) (b) of the statutes is amended to read:
AB463-ASA1,92,2317 48.396 (5) (b) The court shall notify the child, the child's counsel, the child's
18parents and, appropriate law enforcement agencies and, if the child is an expectant
19mother of an unborn child under s. 48.133, the unborn child by the unborn child's
20guardian ad litem, or shall notify the adult expectant mother, the unborn child by the
21unborn child's guardian ad litem and appropriate law enforcement agencies,
in
22writing of the petition. If any person notified objects to the disclosure, the court may
23hold a hearing to take evidence relating to the petitioner's need for the disclosure.
AB463-ASA1, s. 229 24Section 229. 48.396 (5) (c) of the statutes is amended to read:
AB463-ASA1,93,8
148.396 (5) (c) The court shall make an inspection, which may be in camera, of
2the child's records of the child or expectant mother. If the court determines that the
3information sought is for good cause and that it cannot be obtained with reasonable
4effort from other sources, it the court shall then determine whether the petitioner's
5need for the information outweighs society's interest in protecting its confidentiality.
6In making this that determination, the court shall balance the petitioner's interest
7of the petitioner in obtaining access to the record against the child's interest of the
8child or expectant mother
in avoiding the stigma that might result from disclosure.
AB463-ASA1, s. 230 9Section 230. 48.396 (5) (e) of the statutes is amended to read:
AB463-ASA1,93,1210 48.396 (5) (e) The court shall record the reasons for its decision to disclose or
11not to disclose the child's records of the child or expectant mother. All records related
12to a decision under this subsection are confidential.
AB463-ASA1, s. 231 13Section 231. 48.415 (2) (a) of the statutes is amended to read:
AB463-ASA1,93,1814 48.415 (2) (a) That the child has been adjudged to be a child or an unborn child
15in need of protection or services and placed, or continued in a placement, outside his
16or her home pursuant to one or more court orders under s. 48.345, 48.347, 48.357,
1748.363, 48.365, 938.345, 938.357, 938.363 or 938.365 containing the notice required
18by s. 48.356 (2) or 938.356 (2).
AB463-ASA1, s. 232 19Section 232. 48.415 (2) (b) 1. of the statutes is amended to read:
AB463-ASA1,93,2420 48.415 (2) (b) 1. In this paragraph, "diligent effort" means an earnest and
21conscientious effort to take good faith steps to provide the services ordered by the
22court which takes into consideration the characteristics of the parent or child or of
23the expectant mother or child
, the level of cooperation of the parent or expectant
24mother
and other relevant circumstances of the case.
AB463-ASA1, s. 233 25Section 233. 48.415 (2) (b) 2. of the statutes is amended to read:
AB463-ASA1,94,3
148.415 (2) (b) 2. That the agency responsible for the care of the child and the
2family or of the unborn child and expectant mother has made a diligent effort to
3provide the services ordered by the court.
AB463-ASA1, s. 234 4Section 234. 48.415 (2) (c) of the statutes is amended to read:
AB463-ASA1,94,115 48.415 (2) (c) That the child has been outside the home for a cumulative total
6period of 6 months or longer pursuant to such orders including time spent outside
7the home as an unborn child
; and that the parent has failed to demonstrate
8substantial progress toward meeting the conditions established for the return of the
9child to the home and there is a substantial likelihood that the parent will not meet
10these conditions within the 12-month period following the fact-finding hearing
11under s. 48.424.
AB463-ASA1, s. 235 12Section 235. 48.44 (1) of the statutes is amended to read:
AB463-ASA1,94,1413 48.44 (1) The court has jurisdiction over persons 17 or older as provided under
14ss. 48.133, 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.
AB463-ASA1, s. 236 15Section 236. 48.45 (1) (am) of the statutes is created to read:
AB463-ASA1,94,2116 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
17child's expectant mother alleged to be in a condition described in s. 48.133 it appears
18that any person 17 years of age or over has been guilty of contributing to,
19encouraging, or tending to cause by any act or omission, such condition of the unborn
20child and expectant mother, the judge may make orders with respect to the conduct
21of such person in his or her relationship to the unborn child and expectant mother.
AB463-ASA1, s. 237 22Section 237. 48.45 (1) (b) of the statutes is amended to read:
AB463-ASA1,95,523 48.45 (1) (b) An act or failure to act contributes to a condition of a child as
24described in s. 48.13 or an unborn child and the unborn child's expectant mother as
25described in s. 48.133
, although the child is not actually adjudicated to come within

1the provisions of s. 48.13 or the unborn child and expectant mother are not actually
2adjudicated to come within the provisions of s. 48.133
, if the natural and probable
3consequences of that act or failure to act would be to cause the child to come within
4the provisions of s. 48.13 or the unborn child and expectant mother to come within
5the provisions of s. 48.133
.
AB463-ASA1, s. 238 6Section 238. 48.45 (1r) of the statutes is created to read:
AB463-ASA1,95,97 48.45 (1r) In a proceeding in which an unborn child has been found to be in need
8of protection or services under s. 48.133, the judge may impose on the expectant
9mother any disposition permitted under s. 48.347 (1) to (6).
AB463-ASA1, s. 239 10Section 239. 48.45 (2) of the statutes is amended to read:
AB463-ASA1,95,2011 48.45 (2) No order under sub. (1) (a) or (am) or (1m) (a) may be entered until
12the person who is the subject of the contemplated order is given an opportunity to be
13heard on the contemplated order. The court shall cause notice of the time, place and
14purpose of the hearing to be served on the person personally at least 10 days before
15the date of hearing. The procedure in these cases shall, as far as practicable, be the
16same as in other cases in the court. At the hearing the person may be represented
17by counsel and may produce and cross-examine witnesses. Any person who fails to
18comply with any order issued by a court under sub. (1) (a) or (am) or (1m) (a) may be
19proceeded against for contempt of court. If the person's conduct involves a crime, the
20person may be proceeded against under the criminal law.
AB463-ASA1, s. 240 21Section 240. 48.46 (1) of the statutes is amended to read:
AB463-ASA1,96,422 48.46 (1) Except as provided in sub. (2), the parent, guardian or legal custodian
23of the child or
the child whose status is adjudicated by the court , the parent, guardian
24or legal custodian of that child, the unborn child whose status is adjudicated by the
25court or the expectant mother of that unborn child
may at any time within one year

1after the entering of the court's order petition the court for a rehearing on the ground
2that new evidence has been discovered affecting the advisability of the court's
3original adjudication. Upon a showing that such evidence does exist, the court shall
4order a new hearing.
AB463-ASA1, s. 241 5Section 241. 48.48 (1) of the statutes is amended to read:
AB463-ASA1,96,136 48.48 (1) To promote the enforcement of the laws relating to nonmarital
7children and, children in need of protection or services including developmentally
8disabled children and unborn children in need of protection or services and to take
9the initiative in all matters involving the interests of such those children where and
10unborn children when
adequate provision therefor for those interests is not made.
11This duty shall be discharged in cooperation with the courts, county departments,
12licensed child welfare agencies and with parents, expectant mothers and other
13individuals interested in the welfare of children and unborn children.
AB463-ASA1, s. 242 14Section 242. 48.48 (16) of the statutes is amended to read:
AB463-ASA1,96,1615 48.48 (16) To establish and enforce standards for services provided under s. ss.
1648.345 and 48.347.
AB463-ASA1, s. 243 17Section 243. 48.52 (title) of the statutes is amended to read:
AB463-ASA1,96,19 1848.52 (title) Facilities for care of children and adult expectant mothers
19in care of department.
AB463-ASA1, s. 244 20Section 244. 48.52 (1m) of the statutes is created to read:
AB463-ASA1,96,2321 48.52 (1m) Facilities maintained or used for adult expectant mothers. The
22department may maintain or use the following facilities for adult expectant mothers
23in its care:
AB463-ASA1,96,2424 (a) Community-based residential facilities, as defined in s. 50.01 (1g).
AB463-ASA1,96,2525 (b) Inpatient facilities, as defined in s. 51.01 (10).
AB463-ASA1,97,2
1(c) Other facilities determined by the department to be appropriate for the
2adult expectant mother.
AB463-ASA1, s. 245 3Section 245. 48.52 (2) (a) of the statutes is amended to read:
AB463-ASA1,97,104 48.52 (2) (a) In addition to the facilities and services described in sub. (1), the
5department may use other facilities and services under its jurisdiction. The
6department may also contract for and pay for the use of other public facilities or
7private facilities for the care and treatment of children and the expectant mothers
8of unborn children
in its care. Placements in institutions for the mentally ill or
9developmentally disabled shall be made in accordance with ss. 48.14 (5), 48.347 (6)
10and 48.63 and ch. 51.
AB463-ASA1, s. 246 11Section 246. 48.547 (title) of the statutes is amended to read:
AB463-ASA1,97,13 1248.547 (title) Juvenile alcohol Alcohol and other drug abuse pilot
13program.
AB463-ASA1, s. 247 14Section 247. 48.547 (1) of the statutes is amended to read:
AB463-ASA1,98,515 48.547 (1) Legislative findings and purpose. The legislature finds that the use
16and abuse of alcohol and other drugs by children and the expectant mothers of
17unborn children
is a state responsibility of statewide dimension. The legislature
18recognizes that there is a lack of adequate procedures to screen, assess and treat
19children and the expectant mothers of unborn children for alcohol and other drug
20abuse. To reduce the incidence of alcohol and other drug abuse by children and the
21expectant mothers of unborn children
, the legislature deems it necessary to
22experiment with solutions to the problems of the use and abuse of alcohol and other
23drugs by children and the expectant mothers of unborn children by establishing a
24juvenile and expectant mother alcohol and other drug abuse pilot program in a
25limited number of counties. The purpose of the program is to develop intake and

1court procedures that screen, assess and give new dispositional alternatives for
2children and expectant mothers with needs and problems related to the use of alcohol
3beverages, controlled substances or controlled substance analogs who come within
4the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch.
5938 in the pilot counties selected by the department.
AB463-ASA1, s. 248 6Section 248. 48.547 (2) of the statutes is amended to read:
AB463-ASA1,98,177 48.547 (2) Department responsibilities. Within the availability of funding
8under s. 20.435 (7) (mb) that is available for the pilot program, the department shall
9select counties to participate in the pilot program. Unless a county department of
10human services has been established under s. 46.23 in the county that is seeking to
11implement a pilot program, the application submitted to the department shall be a
12joint application by the county department that provides social services and the
13county department established under s. 51.42 or 51.437. The department shall select
14counties in accordance with the request for proposal procedures established by the
15department. The department shall give a preference to county applications that
16include a plan for case management. The counties selected shall begin the pilot
17program on January 1, 1989.
AB463-ASA1, s. 249 18Section 249. 48.547 (3) (intro.), (b) and (d) of the statutes are amended to read:
AB463-ASA1,98,2419 48.547 (3) Multidisciplinary screen. (intro.) By September 1, 1988, the The
20department shall develop provide a multidisciplinary screen for the pilot program.
21The screen shall be used by an intake worker to determine whether or not a child or
22an expectant mother of an unborn child
is in need of an alcohol or other drug abuse
23assessment. The screen shall also include indicators that screen children and
24expectant mothers
for:
AB463-ASA1,98,2525 (b) School or, truancy or work problems.
AB463-ASA1,99,1
1(d) Delinquent or criminal behavior patterns.
AB463-ASA1, s. 250 2Section 250. 48.547 (4) of the statutes is amended to read:
AB463-ASA1,99,93 48.547 (4) Assessment criteria. By September 1, 1988, the The department
4shall develop provide uniform alcohol and other drug abuse assessment criteria to
5be used in the pilot program under ss. 48.245 (2) (a) 3. and 48.295 (1). An approved
6treatment facility that assesses a person under s. 48.245 (2) (a) 3. or 48.295 (1) may
7not also provide the person with treatment unless the department permits the
8approved treatment facility to do both in accordance with the criteria established by
9rule by the department.
AB463-ASA1, s. 251 10Section 251. 48.57 (1) (a) of the statutes is amended to read:
AB463-ASA1,99,2011 48.57 (1) (a) To investigate the conditions surrounding nonmarital children
12and, children in need of protection or services, including developmentally disabled
13children, and unborn children in need of protection or services within the county and
14to take every reasonable action within its power to secure for them the full benefit
15of all laws enacted for their benefit. Unless provided by another agency, the county
16department shall offer social services to the caretaker of any child , and to the
17expectant mother of any unborn child,
who is referred to it under the conditions
18specified in this paragraph. This duty shall be discharged in cooperation with the
19court and with the public officers or boards legally responsible for the administration
20and enforcement of these those laws.
AB463-ASA1, s. 252 21Section 252. 48.57 (1) (b) of the statutes is amended to read:
AB463-ASA1,99,2522 48.57 (1) (b) To accept legal custody of children transferred to it by the court
23under s. 48.355, to accept supervision over expectant mothers of unborn children who
24are placed under its supervision under s. 48.355
and to provide special treatment and
25care for children and expectant mothers if ordered by the court. A court may not

1order a county department to administer psychotropic medications to children and
2expectant mothers
who receive special treatment or care under this paragraph.
AB463-ASA1, s. 253 3Section 253. 48.57 (1) (c) of the statutes is amended to read:
AB463-ASA1,100,164 48.57 (1) (c) To provide appropriate protection and services for children and the
5expectant mothers of unborn children
in its care, including providing services for
6those children and their families and for those expectant mothers in their own
7homes, placing the those children in licensed foster homes, licensed treatment foster
8homes or licensed group homes in this state or another state within a reasonable
9proximity to the agency with legal custody or contracting for services for them those
10children
by licensed child welfare agencies, except that the county department shall
11may not purchase the educational component of private day treatment programs
12unless the county department, the school board as defined in s. 115.001 (7) and the
13department of education state superintendent of public instruction all determine
14that an appropriate public education program is not available. Disputes between the
15county department and the school district shall be resolved by the department of
16education
state superintendent of public instruction.
AB463-ASA1, s. 254 17Section 254. 48.57 (1) (g) of the statutes is amended to read:
AB463-ASA1,100,2018 48.57 (1) (g) Upon request of the department of health and family services or
19the department of corrections, to provide service for any child or expectant mother
20of an unborn child
in the care of those departments.
AB463-ASA1, s. 255 21Section 255. 48.57 (2) of the statutes is amended to read:
AB463-ASA1,100,2522 48.57 (2) In performing the functions specified in sub. (1) the county
23department may avail itself of the cooperation of any individual or private agency or
24organization interested in the social welfare of children and unborn children in the
25county.
AB463-ASA1, s. 256
1Section 256. 48.59 (1) of the statutes is amended to read:
AB463-ASA1,101,172 48.59 (1) The county department shall investigate the personal and family
3history and environment of any child transferred to its legal custody or placed under
4its supervision under s. 48.345 and of every expectant mother of an unborn child
5placed under its supervision under s. 48.347
and make any physical or mental
6examinations of the child or expectant mother considered necessary to determine the
7type of care necessary for the child or expectant mother. The county department
8shall screen a child or expectant mother who is examined under this subsection to
9determine whether the child or expectant mother is in need of special treatment or
10care because of alcohol or other drug abuse, mental illness or severe emotional
11disturbance. The county department shall keep a complete record of the information
12received from the court, the date of reception, all available data on the personal and
13family history of the child or expectant mother, the results of all tests and
14examinations given the child or expectant mother and a complete history of all
15placements of the child while in the legal custody or under the supervision of the
16county department or of the expectant mother while under the supervision of the
17county department
.
AB463-ASA1, s. 257 18Section 257. 48.59 (2) of the statutes is amended to read:
AB463-ASA1,101,2219 48.59 (2) At the department's request, the county department shall report to
20the department regarding children who are in the legal custody or under the
21supervision of the county department and expectant mothers of unborn children who
22are under the supervision of the county department
.
AB463-ASA1, s. 258 23Section 258. 48.78 (2) (aj) of the statutes is created to read:
AB463-ASA1,102,624 48.78 (2) (aj) Paragraph (a) does not prohibit an agency from making available
25for inspection or disclosing the contents of a record, upon the request of an expectant

1mother of an unborn child who is the subject of the record, if 14 years of age or over,
2or upon the request of an unborn child by the unborn child's guardian ad litem to the
3expectant mother or unborn child by the unborn child's guardian ad litem, unless the
4agency determines that inspection of those records by the expectant mother or
5unborn child by the unborn child's guardian ad litem would result in imminent
6danger to anyone.
AB463-ASA1, s. 259 7Section 259. 48.78 (2) (ap) of the statutes is created to read:
AB463-ASA1,102,178 48.78 (2) (ap) Paragraph (a) does not prohibit an agency from making available
9for inspection or disclosing the contents of a record, upon the written permission of
10an expectant mother of an unborn child who is the subject of the record, if 14 years
11of age or over, and of her parent, guardian or legal custodian, if under 14 years of age,
12and of the unborn child by the unborn child's guardian ad litem, to the person named
13in the permission if the expectant mother, or parent, guardian or legal custodian, and
14unborn child by the unborn child's guardian ad litem specifically identify the record
15in the written permission, unless the agency determines that inspection of those
16records by the person named in the permission would result in imminent danger to
17anyone.
AB463-ASA1, s. 260 18Section 260. 48.981 (title) of the statutes is amended to read:
AB463-ASA1,102,20 1948.981 (title) Abused or neglected children and abused unborn
20children
.
AB463-ASA1, s. 261 21Section 261. 48.981 (1) (ct) of the statutes is created to read:
AB463-ASA1,102,2422 48.981 (1) (ct) "Indian unborn child" means an unborn child who, when born,
23may be eligible for affiliation with an Indian tribe or band in any of the following
24ways:
AB463-ASA1,102,2525 1. As a member of the tribe or band.
AB463-ASA1,103,2
12. As a person who is both eligible for membership in the tribe or band and the
2biological child of a member of the tribe or band.
AB463-ASA1, s. 262 3Section 262. 48.981 (1) (h) (intro.) of the statutes is amended to read:
AB463-ASA1,103,54 48.981 (1) (h) (intro.) "Subject" means a person or unborn child named in a
5report or record as either any of the following:
AB463-ASA1, s. 263 6Section 263. 48.981 (1) (h) 1m. of the statutes is created to read:
AB463-ASA1,103,87 48.981 (1) (h) 1m. An unborn child who is the victim or alleged victim of abuse
8or who is at substantial risk of abuse.
AB463-ASA1, s. 264 9Section 264. 48.981 (1) (h) 2. of the statutes is amended to read:
AB463-ASA1,103,1110 48.981 (1) (h) 2. A person who is suspected of abuse or neglect or who has been
11determined to have abused or neglected a child or to have abused an unborn child.
AB463-ASA1, s. 265 12Section 265. 48.981 (2) of the statutes is amended to read:
AB463-ASA1,104,1213 48.981 (2) Persons required to report. A physician, coroner, medical
14examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or
15mental health professional, social worker, marriage and family therapist,
16professional counselor, public assistance worker, including a financial and
17employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or
18counselor, mediator under s. 767.11, child care worker in a day care center or child
19caring institution, day care provider, alcohol or other drug abuse counselor, member
20of the treatment staff employed by or working under contract with a county
21department under s. 46.23, 51.42 or 51.437, physical therapist, occupational
22therapist, dietitian, speech-language pathologist, audiologist, emergency medical
23technician or police or law enforcement officer having reasonable cause to suspect
24that a child seen in the course of professional duties has been abused or neglected
25or, having reasonable cause to suspect that an unborn child of an expectant mother

1seen in the course of professional duties has been abused,
having reason to believe
2that a child seen in the course of professional duties has been threatened with abuse
3or neglect and that abuse or neglect of the child will occur or having reason to believe
4that an unborn child of an expectant mother seen in the course of professional duties
5is at substantial risk of abuse
shall, except as provided under sub. (2m), report as
6provided in sub. (3). Any other person, including an attorney, having reason to
7suspect that a child has been abused or neglected or, reason to suspect that an unborn
8child has been abused,
reason to believe that a child has been threatened with abuse
9or neglect and that abuse or neglect of the child will occur or reason to believe that
10an unborn child is at substantial risk of abuse
may make such a report. No person
11making a report under this subsection may be discharged from employment for so
12doing.
AB463-ASA1, s. 266 13Section 266. 48.981 (3) (a) of the statutes is amended to read:
AB463-ASA1,104,2214 48.981 (3) (a) Referral of report. A person required to report under sub. (2) shall
15immediately inform, by telephone or personally, the county department or the sheriff
16or city, village or town police department of the facts and circumstances contributing
17to a suspicion of child abuse or neglect or of unborn child abuse or to a belief that
18abuse or neglect will occur. The sheriff or police department shall within 12 hours,
19exclusive of Saturdays, Sundays or legal holidays, refer to the county department all
20cases reported to it. The county department may require that a subsequent report
21be made in writing. Each county department shall adopt a written policy specifying
22the kinds of reports it will routinely report to local law enforcement authorities.
AB463-ASA1, s. 267 23Section 267. 48.981 (3) (b) 1. of the statutes is amended to read:
AB463-ASA1,105,524 48.981 (3) (b) 1. Any person reporting under this section may request an
25immediate investigation by the sheriff or police department if the person has reason

1to suspect that a child's the health or safety of a child or of an unborn child is in
2immediate danger. Upon receiving such a request, the sheriff or police department
3shall immediately investigate to determine if there is reason to believe that the
4child's health or safety of the child or unborn child is in immediate danger and take
5any necessary action to protect the child or unborn child.
AB463-ASA1, s. 268 6Section 268. 48.981 (3) (b) 2. of the statutes is amended to read:
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