2013 - 2014 LEGISLATURE
December 12, 2013 - Introduced by Law Revision Committee. Referred to
Committee on Judiciary.
AB566,2,9 1An Act to repeal 48.675 and 69.15 (3m) (a) 4.; and to amend 20.437 (2) (r), 48.20
2(8) (b), 48.203 (7), 48.21 (3) (b), 48.213 (2) (c), 48.213 (2) (d), 48.245 (3), 48.245
3(8), 48.255 (4), 48.27 (3) (a) 1., 48.27 (3) (c), 48.29 (1), 48.293 (2), 48.293 (3),
448.297 (6), 48.299 (1) (a), 48.30 (2), 48.31 (2), 48.315 (1) (b), 48.32 (1) (a), 48.32
5(2) (c), 48.355 (2) (b) 1m., 48.355 (2) (d), 48.357 (1) (am) 1., 48.357 (1) (am) 2. b.,
648.357 (1) (am) 2. c., 48.357 (2m) (a), 48.357 (2m) (b), 48.363 (1) (a), 48.363 (1)
7(b), 48.365 (1m), 48.365 (2), 48.396 (1b), 48.396 (1d), 48.396 (2) (aj), 48.396 (2)
8(ap), 48.396 (5) (b), 48.46 (1), 48.685 (5) (br) 3m., 48.78 (2) (aj), 48.78 (2) (ap),
948.981 (3) (c) 1. a., 49.155 (1m) (a) 4., 49.155 (1m) (a) 5., 49.854 (5) (f), 69.15 (3)
10(b) 3., 69.15 (3m) (a) 3., 69.15 (3m) (b), 767.805 (3) (b), 767.813 (5) (a) 4. and
11767.865 (1) (a) of the statutes; relating to: minors acknowledging paternity;
12service of the summons and petition in a paternity action when the respondent
13is deceased; the form for a paternity action summons; releasing a frozen bank
14account of a support obligor; determining eligibility for Wisconsin Shares;

1notices to, and the exercise of rights by, a guardian ad litem in an unborn child
2in need of protection or services proceeding; requiring a diligent investigation
3by an agency that receives a report of child abuse or neglect if the agency cannot
4identify an individual who is suspected of the abuse or neglect; eliminating a
5voluntary foster care education program; the prohibition against a person who
6has committed armed robbery from showing that he or she has been
7rehabilitated for purposes of being licensed, certified, or contracted with to
8provide child care (suggested as remedial legislation by the Department of
9Children and Families).
Analysis by the Legislative Reference Bureau
This bill makes the following changes to the laws related to children:
1. Under current law, a court may order child support, legal custody, and
periods of physical placement on the basis of a statement acknowledging paternity
that is signed by both parents and filed with the state registrar. Since January 1,
2007, a minor has been prohibited from signing a statement acknowledging
paternity. Current law, however, still contains references to minors signing
statements acknowledging paternity, such as requiring a court to appoint a guardian
ad litem for a minor party who signed a statement acknowledging paternity in an
action based on the statement and authorizing the state registrar to insert the
father's name on a child's birth certificate on the basis of a statement acknowledging
paternity that is signed by a minor parent as long as the minor parent's parent or
legal guardian signs, too. The bill harmonizes the prohibition against a minor parent
signing a statement acknowledging paternity with 1) the statutes related to
requirements for when the state registrar may change facts on birth certificates, 2)
the statute related to requirements for rescinding a statement acknowledging
paternity that has been filed with the state registrar, and 3) the statute that requires
the court to appoint a guardian ad litem for a minor who signs a statement
acknowledging paternity.
2. Under current law, a personal representative for a deceased respondent in
a paternity action may appear for the respondent whenever an appearance is
required. If the deceased respondent does not have a personal representative, the
court may appoint a guardian ad litem, and the guardian ad litem may appear for
the deceased respondent. Current law requires that the summons and petition in the
paternity action be served on both the personal representative and the guardian ad
litem of a deceased respondent. The bill changes the "and" to an "or." Since the court
appoints a guardian ad litem only if there is no personal representative, a deceased

respondent in a paternity action would not have both a personal representative and
a guardian ad litem. The bill also corrects an incorrect cross-reference to the
provision relating to service of the summons and petition.
3. Under current law, the form for a summons in a paternity action provides
notice that interfering with the custody of a child, which is a Class I felony, is
punishable by imprisonment for up to five years. A Class I felony actually is
punishable under current law by imprisonment for up to three years and six months.
The bill corrects the maximum length of time for imprisonment for interfering with
the custody of a child that is stated in the form for a paternity action summons.
4. Under current law, if a person who has been ordered by a court to pay child
support (obligor) is delinquent in the payments, the amount of the delinquency
becomes a lien in favor of the Department of Children and Families (DCF). To enforce
the lien, DCF may levy against one or more accounts that the obligor has at a
financial institution by sending a notice of levy to the financial institution
instructing the financial institution to prohibit the closing of or withdrawals from the
account, up to the amount that is sufficient to pay the amount of the delinquency plus
any financial institution and levying fees. If the obligor requests a hearing and at
the hearing the court orders an alternative payment arrangement or determines
that the obligor does not owe the support, or owes less than the amount claimed by
DCF, the court must, under current law, order DCF to return the seized funds or the
excess of the seized funds over the delinquent amount. Since DCF does not actually
seize the funds, the bill requires the court to order DCF to instruct the financial
institution to release the account, or funds in the account that exceed the delinquent
amount, to the obligor.
5. Under current law, except in Milwaukee County, DCF is required to contract
with a county department, the Milwaukee County enrollment services unit (services
unit), a Wisconsin Works (W-2) agency, a child care resource and referral agency, or
another agency to determine the eligibility of individuals for child care subsidies
under Wisconsin Shares in a particular geographic region or for a particular Indian
tribal unit, and in Milwaukee County DCF may contract with the services unit to
determine eligibility. Under former law, W-2 agencies determined eligibility.
The statutes currently provide that an individual may be eligible for Wisconsin
Shares if the W-2 agency determines that basic education or a course of study at a
technical college would facilitate the individual's efforts to maintain employment
and the individual needs child care services to participate in basic education or the
course of study. The bill changes this so that the entity that makes this
determination is DCF or the entity with which DCF contracts to determine
eligibility, which may be other than a W-2 agency.
6. Under current law, the court assigned to exercise jurisdiction under the
Children's Code (juvenile court) has exclusive original jurisdiction over an unborn
child who is alleged to be in need of protection or services on the grounds that the
unborn child's expectant mother habitually lacks self-control in the use of alcohol
beverages, controlled substances, or controlled substance analogs, exhibited to a
severe degree, to the extent that there is a substantial risk that the physical health
of the unborn child will be seriously affected or endangered unless the expectant

mother receives prompt and adequate treatment for that habitual lack of self-control
(commonly referred to as a "UCHIPS proceeding"). In a UCHIPS proceeding, the
unborn child, by or through the unborn child's guardian ad litem, is entitled to
receive notice of all hearings involving the unborn child, including hearings
involving the temporary physical custody and changes in placement of the expectant
mother and revisions to or extensions of the dispositional order. The unborn child,
by or through the unborn child's guardian ad litem, is also entitled to exercise certain
rights as a party to the proceeding, such as the right to request a substitution of
judge, to inspect records relevant to the proceeding, and to demand a public
fact-finding hearing or a jury trial. In addition, an unborn child, by or through the
unborn child's guardian ad litem, may request or authorize the disclosure of law
enforcement, juvenile court, or social services records relating to the expectant
mother of the unborn child.
The bill eliminates the provision of those notices to, and the exercise of those
rights by, an unborn child, by or through the unborn child's guardian ad litem.
Instead, the bill requires those notices to be provided to, and permits those rights to
be exercised by, the unborn child's guardian ad litem.
7. Under current law, if a county department of human services or social
services (county department), DCF in a county having a population of 500,000 or
more, or a licensed child welfare agency under contract with a county department or
DCF to perform child abuse and neglect investigations (collectively "agency"), after
evaluating a report of suspected or threatened child abuse or neglect, cannot
determine who abused or neglected the child, the agency must initiate a diligent
investigation to determine if the child is in need of protection or services. The bill
instead requires an agency to initiate such an investigation if the agency cannot
identify an individual who is suspected of abuse or neglect or of threatened abuse or
neglect of the child.
8. Current law requires DCF to promulgate rules establishing minimum
requirements for the issuance of foster home licenses, including rules requiring all
foster parents to successfully complete training in the care and support needs of
children who have been placed in foster care. That training must be completed before
the first child is placed with the foster parent and on an ongoing basis. Current law
also requires DCF to develop a voluntary foster care education program to provide
specialized training for foster parents who provide care for children with special
treatment needs. The bill eliminates that voluntary foster care education program.
9. Current law prohibits a person who has been convicted or adjudicated
delinquent on or after his or her 12th birthday for committing a serious crime, as
defined under current law, from 1) being licensed to operate a child care center; 2)
being certified as a child care provider for purposes of reimbursement under
Wisconsin Shares; or 3) contracting with a school board to provide a child care
program (collectively, child care provider). Current law similarly prohibits such a
person from being an employee or contractor of a child care provider (caregiver) or
from being permitted to reside at a premises where child care is provided (nonclient
resident). There is an exception to these prohibitions if the person, caregiver, or
nonclient resident shows that he or she has been rehabilitated, except that current

law bars a person who has committed certain violent crimes, including armed
robbery, from showing that he or she has been rehabilitated for purposes of being a
child care provider, a caregiver, or a nonclient resident and bars a person who has
committed certain property crimes, including armed robbery, from showing that he
or she has been rehabilitated for purposes of being a child care provider, but not for
purposes of being a caregiver or a nonclient resident.
The bill eliminates armed robbery as a property crime for which a person is
barred from showing that he or she has been rehabilitated for purposes of being a
child care provider, but not for purposes of being a caregiver or a nonclient resident.
The bill, however, retains armed robbery as a violent crime for which a person is
barred from showing that he or she has been rehabilitated for purposes of being a
child care provider, a caregiver, or a nonclient resident.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB566,1 1Section 1. 20.437 (2) (r) of the statutes is amended to read:
AB566,6,32 20.437 (2) (r) Support receipt and disbursement program; payments. From the
3support collections trust fund, except as provided in par. (qm), all moneys received
4under s. 49.854, except for moneys received under s. 49.854 (11) (b), all moneys
5received under ss. 767.57 and 767.75 for child or family support, maintenance,
6spousal support, health care expenses, or birth expenses, all other moneys received
7under judgments or orders in actions affecting the family, as defined in s. 767.001 (1),
8and all moneys received under s. 49.855 (4) from the department of revenue or the
9department of administration that were withheld by the department of revenue or
10the internal revenue service for delinquent child support, family support, or
11maintenance or outstanding court-ordered amounts for past support, medical
12expenses, or birth expenses, for disbursement to the persons for whom the payments
13are awarded, for returning seized funds under s. 49.854 (5) (f), and, if assigned under
14s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775

1(2) (bm), for transfer to the appropriation account under par. (k). Estimated
2disbursements under this paragraph shall not be included in the schedule under s.
320.005.
Note: Removes as a purpose of the support collections trust fund returning funds
seized from a financial institution. This reflects that a financial institution freezes
accounts at the request of the Department of Children and Families upon notice of levy
but the department does not seize the funds until an opportunity for a hearing is afforded.
AB566,2 4Section 2 . 48.20 (8) (b) of the statutes is amended to read:
AB566,6,125 48.20 (8) (b) If the child is an expectant mother who has been taken into custody
6under s. 48.19 (1) (cm) or (d) 8., the unborn child, through the unborn child's guardian
7ad litem, shall receive the same notice about the whereabouts of the child expectant
8mother, about the reasons for holding the child expectant mother in custody, and
9about the detention hearing as the child expectant mother and her parent, guardian,
10legal custodian, or Indian custodian. The intake worker shall notify the child
11expectant mother, her parent, guardian, legal custodian, or Indian custodian, and
12the unborn child, by the unborn child's guardian ad litem.
AB566,3 13Section 3. 48.203 (7) of the statutes is amended to read:
AB566,6,1914 48.203 (7) If an adult expectant mother is held in custody, the intake worker
15shall notify the adult expectant mother and the unborn child, through the unborn
16child's guardian ad litem, of the reasons for holding the adult expectant mother in
17custody, the time and place of the detention hearing required under s. 48.213, the
18nature and possible consequences of that hearing, and the right to present and
19cross-examine witnesses at the hearing.
AB566,4 20Section 4. 48.21 (3) (b) of the statutes is amended to read:
AB566,7,721 48.21 (3) (b) If present at the hearing, a copy of the petition or request shall be
22given to the parent, guardian, legal custodian, or Indian custodian, and to the child
23if he or she is 12 years of age or older, before the hearing begins. If the child is an

1expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8.,
2a copy of the petition shall also be given to the unborn child, through the unborn
3child's guardian ad litem, before the hearing begins. Prior notice of the hearing shall
4be given to the child's parent, guardian, legal custodian, and Indian custodian, to the
5child if he or she is 12 years of age or older and, if the child is an expectant mother
6who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., to the unborn child,
7through
the unborn child's guardian ad litem, under s. 48.20 (8).
AB566,5 8Section 5. 48.213 (2) (c) of the statutes is amended to read:
AB566,7,129 48.213 (2) (c) A copy of the petition shall be given to the adult expectant mother,
10and to the unborn child, through the unborn child's guardian ad litem, before the
11hearing begins. Prior notice of the hearing shall be given to the adult expectant
12mother and unborn child child's guardian ad litem in accordance with s. 48.203 (7).
AB566,6 13Section 6. 48.213 (2) (d) of the statutes is amended to read:
AB566,7,1914 48.213 (2) (d) Prior to the commencement of the hearing, the adult expectant
15mother and the unborn child, through the unborn child's guardian ad litem, shall be
16informed by the court of the allegations that have been made or may be made, the
17nature and possible consequences of this hearing as compared to possible future
18hearings, the right to confront and cross-examine witnesses, and the right to present
19witnesses.
AB566,7 20Section 7. 48.245 (3) of the statutes is amended to read:
AB566,8,221 48.245 (3) The obligations imposed under an informal disposition and its
22effective date shall be set forth in writing. The child and a parent, guardian, and
23legal custodian,; the child expectant mother, her parent, guardian, and legal
24custodian, and the unborn child by the unborn child's guardian ad litem,; or the adult

1expectant mother and the unborn child by the unborn child's guardian ad litem, shall
2receive a copy, as shall any agency providing services under the agreement.
AB566,8 3Section 8. 48.245 (8) of the statutes is amended to read:
AB566,8,104 48.245 (8) If the obligations imposed under the informal disposition are met,
5the intake worker shall so inform the child and a parent, guardian , and legal
6custodian,; the child expectant mother, her parent, guardian, and legal custodian,
7and the unborn child by the unborn child's guardian ad litem,; or the adult expectant
8mother and the unborn child by the unborn child's guardian ad litem, in writing, and
9no petition may be filed on the charges that brought about the informal disposition
10nor may the charges be the sole basis for a petition under ss. 48.13 to 48.14.
AB566,9 11Section 9. 48.255 (4) of the statutes is amended to read:
AB566,8,2312 48.255 (4) A copy of a petition under sub. (1) shall be given to the child if the
13child is 12 years of age or over and to the parents a parent, guardian, legal custodian,
14and physical custodian. A copy of a petition under sub. (1m) shall be given to the child
15expectant mother, if 12 years of age or over, her parents parent, guardian, legal
16custodian, and physical custodian, and the unborn child by the unborn child's
17guardian ad litem or to the adult expectant mother, the unborn child through the
18unborn child's guardian ad litem, and the physical custodian of the expectant mother,
19if any. If the child is an Indian child who has been removed from the home of his or
20her parent or Indian custodian or the unborn child will be an Indian child when born,
21a copy of a petition under sub. (1) or (1m) shall also be given to the Indian child's
22Indian custodian and tribe or the Indian tribe with which the unborn child may be
23eligible for affiliation when born.
AB566,10 24Section 10. 48.27 (3) (a) 1. of the statutes is amended to read:
AB566,9,15
148.27 (3) (a) 1. If the petition that was filed relates to facts concerning a
2situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother
3who is a child, the court shall notify, under s. 48.273, the child, any parent, guardian,
4and legal custodian of the child, any foster parent or other physical custodian
5described in s. 48.62 (2) of the child, the unborn child by the unborn child's guardian
6ad litem, if applicable, and any person specified in par. (b), (d), or (e), if applicable,
7of all hearings involving the child except hearings on motions for which notice must
8be provided only to the child and his or her counsel and, if applicable, to the unborn
9child's guardian ad litem
. If parents who are entitled to notice have the same place
10of residence, notice to one constitutes notice to the other. The first notice to any
11interested party, foster parent, or other physical custodian described in s. 48.62 (2)
12shall be in writing and may have a copy of the petition attached to it. Notices of
13subsequent hearings may be given by telephone at least 72 hours before the time of
14the hearing. The person giving telephone notice shall place in the case file a signed
15statement of the time notice was given and the person to whom he or she spoke.
AB566,11 16Section 11. 48.27 (3) (c) of the statutes is amended to read:
AB566,9,2517 48.27 (3) (c) If the petition that was filed relates to facts concerning a situation
18under s. 48.133 involving an expectant mother who is an adult, the court shall notify,
19under s. 48.273, the unborn child by the unborn child's guardian ad litem, the
20expectant mother, the physical custodian of the expectant mother, if any, and any
21person specified in par. (d), if applicable, of all hearings involving the unborn child
22and expectant mother except hearings on motions for which notice need only be
23provided to the expectant mother and her counsel and the unborn child through the
24unborn child's guardian ad litem. The first notice to any interested party shall be
25written and may have a copy of the petition attached to it. Thereafter, notice of

1hearings may be given by telephone at least 72 hours before the time of the hearing.
2The person giving telephone notice shall place in the case file a signed statement of
3the time notice was given and the person to whom he or she spoke.
AB566,12 4Section 12. 48.29 (1) of the statutes is amended to read:
AB566,10,145 48.29 (1) The child, the child's parent, guardian or legal custodian, the
6expectant mother, or the unborn child by the unborn child's guardian ad litem, either
7before or during the plea hearing, may file a written request with the clerk of the
8court or other person acting as the clerk for a substitution of the judge assigned to
9the proceeding. Upon filing the written request, the filing party shall immediately
10mail or deliver a copy of the request to the judge named in the request. When any
11person has the right to request a substitution of judge, that person's counsel or
12guardian ad litem may file the request. Not more than one such written request may
13be filed in any one proceeding, nor may any single request name more than one judge.
14This section does not apply to proceedings under s. 48.21 or 48.213.
AB566,13 15Section 13. 48.293 (2) of the statutes is amended to read:
AB566,11,216 48.293 (2) All records relating to a child, or to an unborn child and the unborn
17child's expectant mother, which that are relevant to the subject matter of a
18proceeding under this chapter shall be open to inspection by a guardian ad litem or
19counsel for any party and to inspection by the court-appointed special advocate for
20the child, upon demand and upon presentation of releases when necessary, at least
2148 hours before the proceeding. Persons and unborn children, by their guardians ad
22litem,
entitled to inspect the records may obtain copies of the records with the
23permission of the custodian of the records or with permission of the court. The court
24may instruct counsel, a guardian ad litem, or a court-appointed special advocate not
25to disclose specified items in the materials to the child or the parent, or to the

1expectant mother, if the court reasonably believes that the disclosure would be
2harmful to the interests of the child or the unborn child.
AB566,14 3Section 14. 48.293 (3) of the statutes is amended to read:
AB566,11,134 48.293 (3) Upon request prior to the fact-finding hearing, counsel for the
5interests of the public shall disclose to the child, through his or her counsel or
6guardian ad litem, or to the unborn child, through the unborn child's guardian ad
7litem, the existence of any audiovisual recording of an oral statement of a child under
8s. 908.08 which that is within the possession, custody, or control of the state and shall
9make reasonable arrangements for the requesting person to view the statement. If,
10after compliance with this subsection, the state obtains possession, custody, or
11control of such a statement, counsel for the interests of the public shall promptly
12notify the requesting person of that fact and make reasonable arrangements for the
13requesting person to view the statement.
AB566,15 14Section 15. 48.297 (6) of the statutes is amended to read:
AB566,11,1715 48.297 (6) A motion required to be served on a child may be served on his or
16her attorney of record. A motion required to be served on an unborn child may be
17served on the unborn child's guardian ad litem.
AB566,16 18Section 16. 48.299 (1) (a) of the statutes is amended to read:
AB566,12,219 48.299 (1) (a) The general public shall be excluded from hearings under this
20chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a
21public fact-finding hearing is demanded by a child through his or her counsel, by an
22expectant mother through her counsel, or by an unborn child through the unborn
23child's guardian ad litem. However, the court shall refuse to grant the public hearing
24in a proceeding other than a proceeding under s. 48.375 (7), if a parent, guardian,

1expectant mother, or unborn child through the unborn child's guardian ad litem
2objects.
AB566,17 3Section 17. 48.30 (2) of the statutes is amended to read:
AB566,12,134 48.30 (2) At the commencement of the hearing under this section the child and
5the parent, guardian, legal custodian, or Indian custodian; the child expectant
6mother, her parent, guardian, legal custodian, or Indian custodian, and the unborn
7child through
the unborn child's guardian ad litem; or the adult expectant mother
8and the unborn child through the unborn child's guardian ad litem; shall be advised
9of their the rights as specified in s. 48.243 and shall be informed that a request for
10a jury trial or for a substitution of judge under s. 48.29 must be made before the end
11of the plea hearing or is waived. Nonpetitioning parties, including the child, shall
12be granted a continuance of the plea hearing if they wish to consult with an attorney
13on the request for a jury trial or substitution of a judge.
AB566,18 14Section 18. 48.31 (2) of the statutes is amended to read:
AB566,13,1015 48.31 (2) The hearing shall be to the court unless the child, the child's parent,
16guardian, or legal custodian, the unborn child by the unborn child's guardian ad
17litem, or the expectant mother of the unborn child exercises the right to a jury trial
18by demanding a jury trial at any time before or during the plea hearing. If a jury trial
19is demanded in a proceeding under s. 48.13 or 48.133, the jury shall consist of 6
20persons. If a jury trial is demanded in a proceeding under s. 48.42, the jury shall
21consist of 12 persons unless the parties agree to a lesser number. Chapters 756 and
22805 shall govern the selection of jurors. If the hearing involves a child victim or
23witness, as defined in s. 950.02, the court may order that a deposition be taken by
24audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to
25(10) and, with the district attorney, shall comply with s. 971.105. At the conclusion

1of the hearing, the court or jury shall make a determination of the facts, except that
2in a case alleging a child or an unborn child to be in need of protection or services
3under s. 48.13 or 48.133, the court shall make the determination under s. 48.13
4(intro.) or 48.133 relating to whether the child or unborn child is in need of protection
5or services that can be ordered by the court. If the court finds that the child or unborn
6child is not within the jurisdiction of the court or, in a case alleging a child or an
7unborn child to be in need of protection or services under s. 48.13 or 48.133, that the
8child or unborn child is not in need of protection or services that can be ordered by
9the court, or if the court or jury finds that the facts alleged in the petition have not
10been proved, the court shall dismiss the petition with prejudice.
AB566,19 11Section 19. 48.315 (1) (b) of the statutes is amended to read:
AB566,13,1412 48.315 (1) (b) Any period of delay resulting from a continuance granted at the
13request of or with the consent of the child and his or her counsel or of the unborn child
14by
the unborn child's guardian ad litem.
AB566,20 15Section 20. 48.32 (1) (a) of the statutes is amended to read:
AB566,14,516 48.32 (1) (a) At any time after the filing of a petition for a proceeding relating
17to s. 48.13 or 48.133 and before the entry of judgment, the judge or a circuit court
18commissioner may suspend the proceedings and place the child or expectant mother
19under supervision in the home or present placement of the child or expectant mother.
20The court may establish terms and conditions applicable to the child and the child's
21parent, guardian, or legal custodian, to the child expectant mother and her parent,
22guardian or legal custodian, or to the adult expectant mother, including the condition
23specified in sub. (1b). The order under this section shall be known as a consent decree
24and must be agreed to by the child if 12 years of age or older, the parent, guardian,
25or legal custodian, and the person filing the petition under s. 48.25; by the child

1expectant mother, her parent, guardian, or legal custodian, the unborn child by the
2unborn child's guardian ad litem, and the person filing the petition under s. 48.25;
3or by the adult expectant mother, the unborn child by the unborn child's guardian
4ad litem, and the person filing the petition under s. 48.25. The consent decree shall
5be reduced to writing and given to the parties.
AB566,21 6Section 21. 48.32 (2) (c) of the statutes is amended to read:
AB566,14,187 48.32 (2) (c) Upon the motion of the court or the application of the child, parent,
8guardian, legal custodian, expectant mother, unborn child by the unborn child's
9guardian ad litem, intake worker, or any agency supervising the child or expectant
10mother under the consent decree, the court may, after giving notice to the parties to
11the consent decree, their counsel or guardian ad litem, and the court-appointed
12special advocate for the child, if any, extend the decree for up to an additional 6
13months in the absence of objection to extension by the parties to the initial consent
14decree. If the child, parent, guardian, legal custodian, expectant mother, or unborn
15child by the
unborn child's guardian ad litem objects to the extension, the judge shall
16schedule a hearing and make a determination on the issue of extension. An
17extension under this paragraph of a consent decree relating to an unborn child who
18is alleged to be in need of protection or services may be granted after the child is born.
AB566,22 19Section 22. 48.355 (2) (b) 1m. of the statutes is amended to read:
AB566,15,320 48.355 (2) (b) 1m. A notice that the child's parent, guardian, or legal custodian,
21the child, if 14 years of age or over, the expectant mother, if 14 years of age or over,
22or the unborn child by the unborn child's guardian ad litem may request an agency
23that is providing care or services for the child or expectant mother or that has legal
24custody of the child to disclose to, or make available for inspection by, the parent,
25guardian, legal custodian, child, expectant mother, or unborn child by the unborn

1child's guardian ad litem the contents of any record kept or information received by
2the agency about the child or expectant mother as provided in s. 48.78 (2) (ag) and
3(aj).
AB566,23 4Section 23. 48.355 (2) (d) of the statutes is amended to read:
AB566,15,155 48.355 (2) (d) The court shall provide a copy of a dispositional order relating
6to a child in need of protection or services to the child's parent, guardian, legal
7custodian, or trustee, to the child through the child's counsel or guardian ad litem,
8to the child's court-appointed special advocate, and, if the child is an Indian child
9who has been removed from the home of his or her parent or Indian custodian and
10placed outside that home, to the Indian child's Indian custodian and tribe. The court
11shall provide a copy of a dispositional order relating to an unborn child in need of
12protection or services to the expectant mother, to the unborn child through the
13unborn child's guardian ad litem, to the parent, guardian, legal custodian, or trustee
14of a child expectant mother, and, if the expectant mother is an Indian child, to the
15expectant mother's Indian custodian and tribe.
AB566,24 16Section 24. 48.357 (1) (am) 1. of the statutes is amended to read:
AB566,16,817 48.357 (1) (am) 1. If the proposed change in placement involves any change in
18placement other than a change in placement specified in par. (c), the person or agency
19primarily responsible for implementing the dispositional order, the district attorney,
20or the corporation counsel shall cause written notice of the proposed change in
21placement to be sent to the child, the parent, guardian, and legal custodian of the
22child, any foster parent or other physical custodian described in s. 48.62 (2) of the
23child, the child's court-appointed special advocate, and, if the child is an Indian child
24who has been removed from the home of his or her parent or Indian custodian, the
25Indian child's Indian custodian and tribe. If the child is the expectant mother of an

1unborn child under s. 48.133, written notice shall also be sent to the unborn child by
2the unborn child's guardian ad litem. If the change in placement involves an adult
3expectant mother of an unborn child under s. 48.133, written notice shall be sent to
4the adult expectant mother and the unborn child by the unborn child's guardian ad
5litem. The notice shall contain the name and address of the new placement, the
6reasons for the change in placement, a statement describing why the new placement
7is preferable to the present placement, and a statement of how the new placement
8satisfies objectives of the treatment plan ordered by the court.
AB566,25 9Section 25. 48.357 (1) (am) 2. b. of the statutes is amended to read:
AB566,16,1310 48.357 (1) (am) 2. b. By the child expectant mother, if 12 years of age or over,
11her parent, guardian, legal custodian, or Indian custodian, the unborn child by the
12unborn child's guardian ad litem, and the child expectant mother's tribe, if she is an
13Indian child who has been removed from the home of her parent or Indian custodian.
AB566,26 14Section 26. 48.357 (1) (am) 2. c. of the statutes is amended to read:
AB566,16,1615 48.357 (1) (am) 2. c. By the adult expectant mother and the unborn child by the
16unborn child's guardian ad litem.
AB566,27 17Section 27. 48.357 (2m) (a) of the statutes is amended to read:
AB566,17,918 48.357 (2m) (a) The child, the parent, guardian, legal custodian, or Indian
19custodian of the child, the expectant mother, the unborn child by the unborn child's
20guardian ad litem, or any person or agency primarily bound by the dispositional
21order, other than the person or agency responsible for implementing the order, may
22request a change in placement under this paragraph. The request shall contain the
23name and address of the new placement requested and shall state what new
24information is available that affects the advisability of the current placement. If the
25proposed change in placement would change the placement of a child placed in the

1child's home to a placement outside the child's home, the request shall also contain
2specific information showing that continued placement of the child in the home
3would be contrary to the welfare of the child and, unless any of the circumstances
4under s. 48.355 (2d) (b) 1. to 5. applies, specific information showing that the agency
5primarily responsible for implementing the dispositional order has made reasonable
6efforts to prevent the removal of the child from the home, while assuring that the
7child's health and safety are the paramount concerns. The request shall be
8submitted to the court. The court may also propose a change in placement on its own
9motion.
AB566,28 10Section 28. 48.357 (2m) (b) of the statutes is amended to read:
AB566,18,611 48.357 (2m) (b) The court shall hold a hearing prior to ordering any change in
12placement requested or proposed under par. (a) if the request states that new
13information is available that affects the advisability of the current placement. A
14hearing is not required if the requested or proposed change in placement does not
15involve a change in placement of a child placed in the child's home to a placement
16outside the child's home, written waivers of objection to the proposed change in
17placement are signed by all persons entitled to receive notice under this paragraph,
18other than a court-appointed special advocate, and the court approves. If a hearing
19is scheduled, not less than 3 days before the hearing the court shall notify the child,
20the parent, guardian, and legal custodian of the child, any foster parent or other
21physical custodian described in s. 48.62 (2) of the child, the child's court-appointed
22special advocate, all parties who are bound by the dispositional order, and, if the child
23is an Indian child, the Indian child's Indian custodian and tribe. If the child is the
24expectant mother of an unborn child under s. 48.133, the court shall also notify the
25unborn child by
the unborn child's guardian ad litem. If the change in placement

1involves an adult expectant mother of an unborn child under s. 48.133, the court shall
2notify the adult expectant mother, the unborn child by the unborn child's guardian
3ad litem, and all parties who are bound by the dispositional order, at least 3 days prior
4to the hearing. A copy of the request or proposal for the change in placement shall
5be attached to the notice. Subject to par. (br), if all of the parties consent, the court
6may proceed immediately with the hearing.
AB566,29 7Section 29. 48.363 (1) (a) of the statutes is amended to read:
AB566,18,218 48.363 (1) (a) A child, the child's parent, guardian, legal custodian, or Indian
9custodian, an expectant mother, an unborn child by the unborn child's guardian ad
10litem, any person or agency bound by a dispositional order, or the district attorney
11or corporation counsel in the county in which the dispositional order was entered
12may request a revision in the order that does not involve a change in placement or
13a trial reunification, including a revision with respect to the amount of child support
14to be paid by a parent. The court may also propose a revision. The request or court
15proposal shall set forth in detail the nature of the proposed revision and what new
16information is available that affects the advisability of the court's disposition. The
17request or court proposal shall be submitted to the court. The court shall hold a
18hearing on the matter prior to any revision of the dispositional order if the request
19or court proposal indicates that new information is available which that affects the
20advisability of the court's dispositional order, unless written waivers of objections to
21the revision are signed by all parties entitled to receive notice and the court approves.
AB566,30 22Section 30. 48.363 (1) (b) of the statutes is amended to read:
AB566,19,1423 48.363 (1) (b) If a hearing is held, at least 3 days before the hearing the court
24shall notify the child, the child's parent, guardian, legal custodian, and Indian
25custodian, all parties bound by the dispositional order, the child's foster parent or

1other physical custodian described in s. 48.62 (2), the child's court-appointed special
2advocate, the district attorney or corporation counsel in the county in which the
3dispositional order was entered, and, if the child is an Indian child who is placed
4outside the home of his or her parent or Indian custodian, the Indian child's tribe.
5If the child is the expectant mother of an unborn child under s. 48.133, the court shall
6also notify the unborn child by the unborn child's guardian ad litem. If the
7proceeding involves an adult expectant mother of an unborn child under s. 48.133,
8the court shall notify the adult expectant mother, the unborn child through the
9unborn child's guardian ad litem, all parties bound by the dispositional order, and
10the district attorney or corporation counsel in the county in which the dispositional
11order was entered, at least 3 days prior to the hearing. A copy of the request or
12proposal shall be attached to the notice. If all parties consent, the court may proceed
13immediately with the hearing. No revision may extend the effective period of the
14original order.
AB566,31 15Section 31. 48.365 (1m) of the statutes is amended to read:
AB566,19,2316 48.365 (1m) The parent, child, guardian, legal custodian, Indian custodian,
17expectant mother, unborn child by the unborn child's guardian ad litem, any person
18or agency bound by the dispositional order, the district attorney or corporation
19counsel in the county in which the dispositional order was entered, or the court on
20its own motion may request an extension of an order under s. 48.355 including an
21order under s. 48.355 that was entered before the child was born. The request shall
22be submitted to the court that entered the order. An order under s. 48.355 may be
23extended only as provided in this section.
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