Amendment SA2-AB463

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:

AB463-SA2,12,3 48.35 (1) (b) 1. In sentencing proceedings after conviction the child or expectant mother has been convicted of a felony or misdemeanor and then only for the purpose of a presentence investigation.".

AB463-SA2,12,4 23. Page 89, line 8: delete lines 8 to 25.

AB463-SA2,12,5 24. Page 90, line 1: delete lines 1 to 17 and substitute:

AB463-SA2,12,7 " Section 201m. 48.357 (1) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read:

AB463-SA2,13,12 48.357 (1) The person or agency primarily responsible for implementing the dispositional order, the district attorney or the corporation counsel may request a change in the placement of the child or expectant mother, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the child or the child's counsel or guardian ad litem, the parent, guardian and legal custodian of the child, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), guardian and legal custodian of the child, and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem. If the expectant mother is an adult, written notice shall be sent to the adult expectant mother and the unborn child by the unborn child's guardian ad litem. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the a specific foster or treatment foster placement under s. 48.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days of after receipt of the notice. Placements shall may not be changed until 10 days after such that notice is sent to the court unless the parent, guardian or legal custodian and the child, if 12 or more years of age or over, or the child expectant mother, if 12 years of age or over, her parent, guardian or 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, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where when an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order.".

AB463-SA2,13,13 25. Page 91, line 4: delete lines 4 to 25.

AB463-SA2,13,14 26. Page 92, line 1: delete lines 1 to 8 and substitute:

AB463-SA2,13,16 " Section 203g. 48.357 (2m) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read:

AB463-SA2,14,15 48.357 (2m) The child, the parent, guardian or legal custodian of the child, the expectant mother, the unborn child by the unborn child's guardian at litem or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which affects the advisability of the current placement. This request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion. The court shall hold a hearing on the matter prior to ordering any change in placement under this subsection if the request states that new information is available which affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) and the court approves. If a hearing is scheduled, the court shall notify the child, the parent, guardian and legal custodian of the child, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child and, all parties who are bound by the dispositional order and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify the adult expectant mother, the unborn child by the unborn child's guardian ad litem and all parties who are bound by the dispositional order, at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all the parties consent, the court may proceed immediately with the hearing. I".

AB463-SA2,14,16 27. Page 92, line 16: delete lines 16 to 24 and substitute:

AB463-SA2,14,18 " Section 204m. 48.36 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,15,4 48.36 (2) If an expectant mother or a child whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost thereof of those services or that treatment, if ordered by the court, shall be a charge upon 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. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the child or from an adult expectant mother as the court may order based on the ability of the parent or, guardian or adult expectant mother to pay. This subsection shall be subject to s. 46.03 (18).".

AB463-SA2,15,5 28. Page 98, line 15: delete lines 15 to 22 and substitute:

AB463-SA2,15,7 " Section 220m. 48.365 (2g) (a) of the statutes, as affected by 1997 Wisconsin Acts 27 and 80, is amended to read:

AB463-SA2,15,13 48.365 (2g) (a) At the hearing the person or agency primarily responsible for providing services to the child or expectant mother shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the child's rehabilitation or care and treatment of the child or for the rehabilitation and treatment of the expectant mother and the care of the unborn child.".

AB463-SA2,15,14 29. Page 99, line 10: delete lines 10 to 22 and substitute:

AB463-SA2,15,16 " Section 223m. 48.396 (1) of the statutes, as affected by 1997 Wisconsin Acts 80 and .... (Assembly Bill 410), is amended to read:

AB463-SA2,16,12 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d) or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the or adult expectant mother child involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.".

AB463-SA2,16,14 30. Page 100, line 3: delete "an expectant" and substitute "the parent, guardian or legal custodian of a child expectant".

AB463-SA2,16,16 31. Page 100, line 4: after ", if" insert "requested by an expectant mother of an unborn child who is the subject of a law enforcement officer's report, if".

AB463-SA2,16,17 32. Page 100, line 6: after "the" insert "parent, guardian, legal custodian,".

AB463-SA2,16,19 33. Page 100, line 14: delete "an" and substitute "the parent, guardian or legal custodian of a child".

AB463-SA2,16,22 34. Page 100, line 16: delete that line and substitute "report, or of an expectant mother of an unborn child who is the subject of a law enforcement officer's report, if".

AB463-SA2,16,23 35. Page 100, line 17: after "age" insert "or over".

AB463-SA2,16,24 36. Page 100, line 19: delete "expectant".

AB463-SA2,17,2 37. Page 100, line 20: delete that line and substitute "parent, guardian, legal custodian or expectant mother, and unborn child by the unborn".

AB463-SA2,17,4 38. Page 100, line 23: delete "an expectant" and substitute "the parent, guardian or legal custodian of a child expectant".

AB463-SA2,17,6 39. Page 100, line 24: after "(a)," insert "upon request of an expectant mother of an unborn child who is the subject of a record of a court specified in par. (a),".

AB463-SA2,17,8 40. Page 101, line 1: on lines 1 and 4, delete "expectant mother or by the" and substitute "parent, guardian, legal custodian, expectant mother or".

AB463-SA2,17,10 41. Page 101, line 7: delete "an expectant" and substitute "the parent, guardian or legal custodian of a child expectant".

AB463-SA2,17,12 42. Page 101, line 8: after "(a)" insert ", or of an expectant mother of an unborn child who is the subject of a record of a court specified in par. (a),".

AB463-SA2,17,13 43. Page 101, line 9: delete that line and substitute "of age or over,".

AB463-SA2,17,15 44. Page 101, line 12: delete that line and substitute "identified by the parent, guardian, legal custodian or expectant mother, and".

AB463-SA2,17,16 45. Page 103, line 4: delete lines 4 to 14 and substitute:

AB463-SA2,17,18 " Section 234m. 48.415 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read:

AB463-SA2,18,2 48.415 (2) (c) That the child has been outside the home for a cumulative total period of 6 months or longer pursuant to such orders not including time spent outside the home as an unborn child; and that the parent has failed to meet the conditions established for the return of the child to the home and there is a substantial likelihood that the parent will not meet these conditions within the 12-month period following the fact-finding hearing under s. 48.424.

AB463-SA2, s. 235m Section 235m. 48.44 (1) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB463-SA2,18,7 48.44 (1) The court has jurisdiction over persons 17 years of age or older as provided under ss. 48.133, 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.".

AB463-SA2,18,8 46. Page 104, line 21: delete lines 21 to 25.

AB463-SA2,18,9 47. Page 105, line 1: delete lines 1 to 4 and substitute:

AB463-SA2,18,11 " Section 240m. 48.46 (1) of the statutes, as affected by 1997 Wisconsin Acts 104 and 114, is repealed and recreated to read:

AB463-SA2,18,18 48.46 (1) Except as provided in subs. (1m), (2) and (3), the child whose status is adjudicated by the court, the parent, guardian or legal custodian of that child, the unborn child whose status is adjudicated by the court or the expectant mother of that unborn child may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.".

AB463-SA2,18,19 48. Page 105, line 16: after that line insert:

AB463-SA2,18,21 " Section 242g. 48.48 (17) (a) 1. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,19,6 48.48 (17) (a) 1. Investigate the conditions surrounding nonmarital children and, children in need of protection or services and unborn children in need of protection or services within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the department shall offer social services to the caretaker of any child, and to the expectant mother of any unborn child, who is referred to it the department under the conditions specified in this subdivision. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.

AB463-SA2, s. 242m Section 242m. 48.48 (17) (a) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,19,16 48.48 (17) (a) 2. Accept legal custody of children transferred to it by the court under s. 48.355, to accept supervision over expectant mothers of unborn children who are placed under its supervision under s. 48.355 and to provide special treatment and care for children and expectant mothers if ordered by the court and if providing special treatment and care is not the responsibility of the county department under s. 46.215, 51.42 or 51.437. A court may not order the department to administer psychotropic medications to children and expectant mothers who receive special treatment or care under this subdivision.

AB463-SA2, s. 242p Section 242p. 48.48 (17) (a) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,20,5 48.48 (17) (a) 3. Provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them those children by licensed child welfare agencies, except that the department may not purchase the educational component of private day treatment programs unless the department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB463-SA2, s. 242r Section 242r. 48.48 (17) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,20,10 48.48 (17) (b) In performing the functions specified in par. (a), the department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of children and unborn children in the county.".

AB463-SA2,20,11 49. Page 109, line 3: delete lines 3 to 16 and substitute:

AB463-SA2,20,13 " Section 253m. 48.57 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,21,2 48.57 (1) (c) To provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the those children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them those children by licensed child welfare agencies, except that the county department shall may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.".

AB463-SA2,21,3 50. Page 110, line 1: delete lines 1 to 17 and substitute:

AB463-SA2,21,5 " Section 256m. 48.59 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,21,23 48.59 (1) The county department or, in a county having a population of 500,000 or more, the department or an agency under contract with the department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.345 and of every expectant mother of an unborn child placed under its supervision under s. 48.347 and make any physical or mental examinations of the child or expectant mother considered necessary to determine the type of care necessary for the child or expectant mother. The county department, department or agency shall screen a child or expectant mother who is examined under this subsection to determine whether the child or expectant mother is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department, department or agency shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child or expectant mother, the results of all tests and examinations given the child or expectant mother and a complete history of all placements of the child while in the legal custody or under the supervision of the county department, department or agency or of the expectant mother while under the supervision of the county department, department or agency.".

AB463-SA2,22,2 51. Page 110, line 25: delete "an" and substitute "a parent, guardian or legal custodian of a child".

AB463-SA2,22,4 52. Page 111, line 1: after "record," insert "upon the request of an expectant mother of an unborn child who is the subject of the record,".

AB463-SA2,22,5 53. Page 111, line 2: after "to the" insert "parent, guardian, legal custodian,".

AB463-SA2,22,6 54. Page 111, line 4: after "by the" insert "parent, guardian, legal custodian,".

AB463-SA2,22,10 55. Page 111, line 10: delete lines 10 and 11 and substitute "the parent, guardian or legal custodian of a child expectant mother of an unborn child who is the subject of the record, or of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over,".

AB463-SA2,22,12 56. Page 111, line 13: delete that line and substitute "in the permission if the parent, guardian, legal custodian or expectant mother, and".

AB463-SA2,22,13 57. Page 111, line 14: delete "litem" and substitute "litem,".

AB463-SA2,22,14 58. Page 114, line 24: delete that line.

AB463-SA2,22,15 59. Page 115, line 1: delete lines 1 to 9 and substitute:

AB463-SA2,22,17 " Section 266m. 48.981 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,23,9 48.981 (3) (a) Referral of report. A person required to report under sub. (2) shall immediately inform, by telephone or personally, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department or the sheriff or city, village or town police department of the facts and circumstances contributing to a suspicion of child abuse or neglect or of unborn child abuse or to a belief that abuse or neglect will occur. The sheriff or police department shall within 12 hours, exclusive of Saturdays, Sundays or legal holidays, refer to the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department all cases reported to it. The county department, department or licensed child welfare agency may require that a subsequent report be made in writing. Each county department, the department and a licensed child welfare agency under contract with the department shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.".

AB463-SA2,23,10 60. Page 117, line 3: delete lines 3 to 25.

AB463-SA2,23,11 61. Page 118, line 1: delete lines 1 to 12 and substitute:

AB463-SA2,23,13 " Section 274m. 48.981 (3) (c) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB463-SA2,24,13 48.981 (3) (c) 1. Within 24 hours after receiving a report under par. (a), the agency shall, in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child or unborn child is in need of protection or services. The investigation shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations. If the investigation is of a report of child abuse or neglect or of child threatened abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not disclose who is suspected of the child abuse or neglect and in which the investigation does not disclose who abused or neglected the child, the investigation shall also include observation of or an interview with the child, or both, and, if possible, an interview with the child's parents, guardian or legal custodian. If the investigation is of a report of child abuse or neglect or threatened child abuse or neglect by a caregiver who continues to reside in the same dwelling as the child, the investigation shall also include, if possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person making the investigation shall identify himself or herself and the agency involved to the child's parents, guardian or legal custodian. The agency may contact, observe or interview the child at any location without permission from the child's parent, guardian or legal custodian if necessary to determine if the child is in need of protection or services, except that the person making the investigation may enter a child's dwelling only with permission from the child's parent, guardian or legal custodian or after obtaining a court order to do so.

AB463-SA2, s. 275m Section 275m. 48.981 (3) (c) 2m. of the statutes is created to read:

AB463-SA2,24,22 48.981 (3) (c) 2m. a. If the person making the investigation is an employe of the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department and he or she determines that it is consistent with the best interest of the unborn child in terms of physical safety and physical health to take the expectant mother into custody for the immediate protection of the unborn child, he or she shall take the expectant mother into custody under s. 48.08 (2), 48.19 (1) (cm) or 48.193 (1) (c) and deliver the expectant mother to the intake worker under s. 48.20 or 48.203.".

AB463-SA2,24,23 62. Page 118, line 20: delete lines 20 to 25.

AB463-SA2,24,24 63. Page 119, line 1: delete lines 1 to 25.

AB463-SA2,25,1 64. Page 120, line 1: delete lines 1 to 24.

AB463-SA2,25,2 65. Page 121, line 1: delete lines 1 to 25.