Amendment SA2-AB463

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:

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.