Amendment SA2-AB463

LRBa2383/1

GMM:jlg:ijs

1997 - 1998 LEGISLATURE

SENATE AMENDMENT 2, TO 1997 ASSEMBLY BILL 463

April 30, 1998 - Offered by Committee on Judiciary.

AB463-SA2,1,1 At the locations indicated, amend the engrossed bill as follows:

AB463-SA2,1,2 1. Page 10, line 1: delete lines 1 to 6 and substitute:

AB463-SA2,1,4 " Section 1m. 38.24 (1s) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,1,8 38.24 (1s) (a) A court-approved alcohol or other drug abuse education program offered to individuals under s. 48.245 (2) (a) 4., 48.345 (13) (b), 48.347 (5) (b), 938.245 (2) (a) 4., 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343 (10) (c) or 938.344 (2g) (a).".

AB463-SA2,1,9 2. Page 11, line 19: delete lines 19 to 25.

AB463-SA2,1,10 3. Page 12, line 1: delete lines 1 and 2 and substitute:

AB463-SA2,1,12 " Section 4m. 46.238 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,2,8 46.238 Infants and unborn children whose mothers abuse controlled substances or controlled substance analogs. If a county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, a county department under s. 51.42 or 51.437 receives a report under s. 146.0255 (2), the county department shall offer to provide appropriate services and treatment to the child and the child's mother or to the unborn child, as defined in s. 48.02 (19), and the expectant mother of the unborn child or the county department shall make arrangements for the provision of appropriate services or treatment.".

AB463-SA2,2,9 4. Page 13, line 15: delete lines 15 to 21 and substitute:

AB463-SA2,2,11 " Section 11m. 46.95 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,2,17 46.95 (2) (a) The secretary shall make grants from the appropriations under s. 20.435 (3) (cd) and (hh) to organizations for the provision of any of the services specified in sub. (1) (d). Grants may be made to organizations which have provided those domestic abuse services in the past or to organizations which propose to provide those services in the future. No grant may be made to fund services for child or unborn child abuse or abuse of elderly persons.".

AB463-SA2,2,18 5. Page 17, line 20: delete lines 20 to 25.

AB463-SA2,2,19 6. Page 18, line 1: delete lines 1 to 25.

AB463-SA2,2,20 7. Page 19, line 1: delete lines 1 to 23 and substitute:

AB463-SA2,2,22 " Section 21m. 48.06 (1) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,3,7 48.06 (1) (a) 1. In counties with a population of 500,000 or more, the department shall provide the court with the services necessary for investigating and supervising child welfare and unborn child welfare cases under this chapter. The department is charged with providing child welfare and unborn child welfare intake and dispositional services and with administration of the personnel and services of the child welfare and unborn child welfare intake and dispositional sections of the department. The department shall include investigative services for all children and unborn children alleged to be in need of protection or services to be provided by the department.

AB463-SA2, s. 22m Section 22m. 48.06 (1) (a) 3. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,3,13 48.06 (1) (a) 3. The county board of supervisors does not have authority and may not assert jurisdiction over the disposition of any case or, child, unborn child or expectant mother of an unborn child after a written order is made under s. 48.21 or 48.213 or if a petition is filed under s. 48.25.

AB463-SA2, s. 23m Section 23m. 48.06 (1) (am) 3. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,3,21 48.06 (1) (am) 3. Each intake worker providing services under this chapter whose responsibilities include investigation or treatment of child abuse or neglect or unborn child abuse shall successfully complete additional training in child abuse and neglect and unborn child abuse protective services approved by the department under s. 48.981 (8) (d). Not more than 4 hours of the additional training may be applied to the requirement under subd. 1.

AB463-SA2, s. 24m Section 24m. 48.06 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,4,4 48.06 (2) (c) Each intake worker providing services under this chapter whose responsibilities include investigation or treatment of child abuse or neglect or unborn child abuse shall successfully complete additional training in child abuse and neglect and unborn child abuse protective services approved by the department under s. 48.981 (8) (d). Not more than 4 hours of the additional training may be applied to the requirement under par. (b).".

AB463-SA2,4,5 8. Page 25, line 23: delete lines 23 to 25.

AB463-SA2,4,6 9. Page 26, line 1: delete lines 1 to 7 and substitute:

AB463-SA2,4,8 " Section 48m. 48.185 (1) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read:

AB463-SA2,4,16 48.185 (1) Subject to sub. (2), venue for any proceeding under ss. 48.13, 48.133, 48.135 and 48.14 (1) to (9) may be in any of the following: the county where the child or the expectant mother of the unborn child resides or the county where the child or expectant mother is present. Venue for proceedings brought under subch. VIII is as provided in this subsection except where the child has been placed and is living outside the home of the child's parent pursuant to a dispositional order, in which case venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as provided in s. 801.50 (5s).".

AB463-SA2,4,17 10. Page 35, line 18: delete lines 18 to 24.

AB463-SA2,4,18 11. Page 36, line 1: delete lines 1 to 10 and substitute:

AB463-SA2,4,20 " Section 68m. 48.207 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 48.207 (2) (a) and amended to read:

AB463-SA2,5,6 48.207 (2) (a) If a facility listed in sub. (1) (b) to (k) is used to hold children a child in custody, or if supervisory services of a home detention program are provided to children a child held under sub. (1) (a), its the authorized rate of the facility for the care of the child or the authorized rate for those supervisory services shall be paid by the county in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more. If no authorized rate has been established, a reasonable sum to be fixed by the court shall be paid by the county in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more for the supervision or care of the child.

AB463-SA2, s. 69m Section 69m. 48.207 (2) (b) of the statutes is created to read:

AB463-SA2,5,17 48.207 (2) (b) If a facility listed in sub. (1m) (b) to (e) is used to hold an expectant mother of an unborn child in custody, or if supervisory services of a home detention program are provided to an expectant mother held under sub. (1m) (a), the authorized rate of the facility for the care of the expectant mother or the authorized rate for those supervisory services shall be paid by the county in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more. If no authorized rate has been established, a reasonable sum to be fixed by the court shall be paid by the county in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more for the supervision or care of the expectant mother.".

AB463-SA2,5,18 12. Page 37, line 13: delete lines 13 to 19 and substitute:

AB463-SA2,5,19 " Section 72g. 48.21 (3) (title) of the statutes is amended to read:

AB463-SA2,5,22 48.21 (3) (title) Proceedings concerning children in need of protection or services and unborn children in need of protection or services and their child expectant mothers.

AB463-SA2, s. 72m Section 72m. 48.21 (3) (ag) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB463-SA2,6,4 48.21 (3) (ag) Proceedings concerning a child who comes within the jurisdiction of the court under s. 48.13 or an unborn child and a child expectant mother of the unborn child who come within the jurisdiction of the court under s. 48.133 shall be conducted according to this subsection.".

AB463-SA2,6,5 13. Page 49, line 1: delete lines 1 and 2 and substitute:

AB463-SA2,6,7 " Section 92m. 48.243 (4) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:".

AB463-SA2,6,8 14. Page 52, line 12: delete lines 12 to 22 and substitute:

AB463-SA2,6,10 " Section 102m. 48.245 (4) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read:

AB463-SA2,6,20 48.245 (4) The intake worker shall inform the child and the child's parent, guardian and legal custodian, the child expectant mother, her parent, guardian and legal custodian and the unborn child by the unborn child's guardian ad litem, or the adult expectant mother and the unborn child by the unborn child's guardian ad litem, in writing of their right to terminate the informal disposition at any time or object at any time to the fact or terms of the informal disposition. If an objection arises the intake worker may alter the terms of the agreement or request the district attorney or corporation counsel to file a petition. If the informal disposition is terminated the intake worker may request the district attorney or corporation counsel to file a petition.".

AB463-SA2,6,21 15. Page 63, line 3: delete lines 3 to 23 and substitute:

AB463-SA2,6,23 " Section 131m. 48.295 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,7,21 48.295 (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant an examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist or licensed psychologist, or by another expert appointed by the court holding at least a master's degree in social work or another related field of child development, in order that the child's physical, psychological, alcohol or other drug dependency, mental or developmental condition may be considered. The court may also order an examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian or legal custodian whose ability to care for a child is at issue before the court or of an expectant mother whose ability to control her use of alcohol beverages, controlled substances or controlled substance analogs is at issue before the court. The court shall hear any objections by the child, the child's parents, guardian or legal custodian to the request for such an examination or assessment before ordering the examination or assessment. The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.".

AB463-SA2,7,22 16. Page 78, line 21: delete lines 21 to 25.

AB463-SA2,7,23 17. Page 79, line 1: delete lines 1 to 11 and substitute:

AB463-SA2,8,2 " Section 177m. 48.345 (intro.) of the statutes, as affected by 1997 Wisconsin Act 164, is amended to read:

AB463-SA2,8,17 48.345 (title) Disposition of child or unborn child of child expectant mother adjudged in need of protection or services. (intro.) If the judge finds that the child is in need of protection or services or that the unborn child of a child expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any child not specifically found under chs. 46, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have a disability specified in s. 115.76 (5) in facilities which exclusively treat those categories of children and the court may not place any child expectant mother of an unborn child in need of protection or services outside of the child expectant mother's home unless the court finds that the child expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The dispositions under this section are as follows:".

AB463-SA2,8,18 18. Page 80, line 4: delete lines 4 to 21 and substitute:

AB463-SA2,8,19 " Section 181m. 48.345 (14) of the statutes is created to read:

AB463-SA2,9,12 48.345 (14) (a) If, based on an evaluation under s. 48.295 and the report under s. 48.33, the judge finds that the child expectant mother of an unborn child in need of protection or services is in need of inpatient treatment for her habitual lack of self-control in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the child expectant mother's needs and that inpatient treatment is the least restrictive treatment consistent with the child expectant mother's needs, the judge may order the child expectant mother to enter an inpatient alcohol or other drug abuse treatment program at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility shall, under the terms of a service agreement between the inpatient facility and the county in a county having a population of less than 500,000 or the department in a county having a population of 500,000 or more, or with the written and informed consent of the child expectant mother or the child expectant mother's parent if the child expectant mother has not attained the age of 12, report to the agency primarily responsible for providing services to the child expectant mother as to whether the child expectant mother is cooperating with the treatment and whether the treatment appears to be effective.

AB463-SA2,9,14 (b) Payment for any treatment ordered under par. (a) shall be in accordance with s. 48.361.".

AB463-SA2,9,15 19. Page 83, line 1: delete lines 1 to 25.

AB463-SA2,9,16 20. Page 84, line 1: delete lines 1 to 14 and substitute:

AB463-SA2,9,24 "(5) Alcohol or drug treatment or education. (a) If the report prepared under s. 48.33 (1) recommends that the adult expectant mother is in need of treatment for the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the adult expectant mother to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the approved treatment facility and the county in a county having a population of less than 500,000 or the department in a county having a population of 500,000 or more, or with the written informed consent of the adult expectant mother, report to the agency primarily responsible for providing services to the adult expectant mother as to whether the adult expectant mother is cooperating with the treatment and whether the treatment appears to be effective.

AB463-SA2,10,16 (b) If the report prepared under s. 48.33 (1) recommends that the adult expectant mother is in need of education relating to the use of alcohol beverages, controlled substances or controlled substance analogs, the court may order the adult expectant mother to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the education program and the county in a county having a population of less than 500,000 or the department in a county having a population of 500,000 or more, or with the written informed consent of the adult expectant mother, report to the agency primarily responsible for providing services to the adult expectant mother about the adult expectant mother's attendance at the program.

AB463-SA2,10,19 (c) Payment for any treatment or education ordered under this subsection in counties that have an alcohol and other drug abuse program under s. 48.547 shall be in accordance with s. 48.361.

AB463-SA2,11,10 (6) Inpatient alcohol or drug treatment. (a) If, based on an evaluation under s. 48.295 and the report under s. 48.33, the judge finds that the adult expectant mother is in need of inpatient treatment for her habitual lack of self-control in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the adult expectant mother's needs and that inpatient treatment is the least restrictive treatment consistent with the adult expectant mother's needs, the judge may order the adult expectant mother to enter an inpatient alcohol or other drug abuse treatment program at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility shall, under the terms of a service agreement between the inpatient facility and the county in a county having a population of less than 500,000 or the department in a county having a population of 500,000 or more, or with the written and informed consent of the adult expectant mother, report to the agency primarily responsible for providing services to the adult expectant mother as to whether the adult expectant mother is cooperating with the treatment and whether the treatment appears to be effective.

AB463-SA2,11,12 (b) Payment for any treatment ordered under par. (a) shall be in accordance with s. 48.361.".

AB463-SA2,11,13 21. Page 84, line 19: delete lines 19 to 24.

AB463-SA2,11,14 22. Page 85, line 1: delete lines 1 to 6 and substitute:

AB463-SA2,11,16 " Section 184m. 48.35 (1) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 410), is amended to read:

AB463-SA2,11,20 48.35 (1) (b) (intro.) The disposition of a child or an unborn child, and any record of evidence given in a hearing in court, shall not be admissible as evidence against the child or the expectant mother of the unborn child in any case or proceeding in any other court except for the following:

AB463-SA2, s. 185m Section 185m. 48.35 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 410), is amended to read: