As with the other new or modified legislative purpose provisions in the bill, this
new language is intended to focus attention on: (1) the best interests of the child in any
formal or informal proceedings or determinations under ch. 48; and (2) the need for
juvenile courts in proceedings and determinations under ch. 48, to take a closer look at,
and make more timely decisions regarding, the fitness or unfitness of parents to care for
and protect their children.
AB837, s. 5
1Section
5. 48.01 (1) (br) of the statutes is created to read:
AB837,31,62
48.01
(1) (br) To encourage innovative and effective prevention, intervention
3and treatment approaches, including collaborative community efforts and the use of
4community-based programs, as significant strategies in planning and
5implementing legislative, executive and local government policies and programs
6relating to children and their families and substitute families.
Note: This Section creates a new provision in s. 48.01 (1), stats., emphasizing the
significance of prevention and intervention approaches in legislative, executive and local
government programs, policies and planning strategies for dealing with children under
the children's code.
AB837, s. 6
7Section
6. 48.01 (1) (dm) of the statutes is created to read:
AB837,31,98
48.01
(1) (dm) To divert children from formal proceedings under this chapter
9to the extent that this is consistent with protection of children and the public safety.
Note: This Section creates a new provision in s. 48.01, stats., to emphasize the
diversion of children from formal proceedings under the children's code to the extent that
this is consistent with protection of children and the public safety.
AB837, s. 7
10Section
7. 48.01 (1) (e) of the statutes is repealed.
Note: This Section repeals current s. 48.01 (1) (e), stats., relating to responding
to children's needs for care and treatment through community-based programs because
the content of that paragraph is incorporated into new sub. (1) (ag), as created in this bill.
AB837, s. 8
11Section
8. 48.01 (1) (g) of the statutes is amended to read:
AB837,32,912
48.01
(1) (g)
To provide children in the state with permanent and stable family
13relationships While recognizing that the paramount goal of this chapter is to protect
14children, to preserve the unity of the family, whenever appropriate, by strengthening
15family life through assisting parents in fulfilling their parental responsibilities. The
1courts and agencies responsible for child welfare should assist parents in changing
2any circumstances in the home which might harm the child or which may require the
3child to be placed outside the home.
The courts should recognize that they have the
4authority, in appropriate cases, not to reunite a child with his or her family. The
5courts and agencies responsible for child welfare should also recognize that
6instability and impermanence in family relationships are contrary to the welfare of
7children and should therefore recognize the importance of eliminating the need for
8children to wait unreasonable periods of time for their parents to correct the
9conditions that prevent their return to the family.
Note: This Section amends s. 48.01 (1) (g), stats., to do all of the following:
1. Specify that one of the legislative purposes of ch. 48 is to preserve the unity of
the family, whenever appropriate, by strengthening family life through assisting parents
in fulfilling their parental responsibilities.
2. Stress to the juvenile court judges that they have the authority, in appropriate
cases, not to reunite a child with his or her family. The committee determined that, in
some cases, parents comply in a minimal way with court-ordered requirements for the
return of their child [or children] and that the child [or children] are, in fact, returned to
the parents based on this minimal compliance [which often occurs just prior to the court
hearing to review the out-of-home placement]. Because reunification in such cases is
often contrary to the best interests of the child, the committee hopes that this new
provision reemphasizes to juvenile courts that such minimal compliance may not be
sufficient, considering the best interests of the child, to reunite the parent and that child.
The best interests of the child must always be the paramount consideration.
AB837, s. 9
10Section
9. 48.01 (1) (gr) of the statutes is amended to read:
AB837,32,1411
48.01
(1) (gr) To allow for the termination of parental rights at the earliest
12possible time after rehabilitation and reunification efforts are discontinued
in
13accordance with this chapter and termination of parental rights is in the best interest
14of the child.
Note: This Section adds the phrase "in accordance with this chapter" to s. 48.01
(1) (gr), stats., to clarify that the rehabilitation and reunification efforts prior to
termination of parental rights (TPR) should at least be at a level in accordance with ch.
48, stats., before they can be discontinued and TPR proceedings commenced. Committee
members expressed concern that the current language in that paragraph could be
interpreted to permit lesser efforts prior to TPR.
AB837, s. 10
15Section
10. 48.01 (1) (gt) of the statutes is created to read:
AB837,33,3
148.01
(1) (gt) To reaffirm that the duty of a parent to support and maintain his
2or her child continues during any period in which the child may be removed from the
3custody of the parent.
Note: This Section creates a new provision in s. 48.01, stats., which emphasizes
that a parent's duty to support and maintain his or her minor child continues during any
period in which the minor child may be removed from the custody of the parent under ch.
48, stats.
AB837, s. 11
4Section
11
. 48.01 (2) of the statutes is renumbered 48.01 (2) (intro.) and
5amended to read:
AB837,33,146
48.01
(2) (intro.) This chapter shall be liberally construed to effect the
7objectives contained in this section. The best interests of the child shall always be
8of paramount consideration
, but the court shall also consider the interest of the
9parents or guardian of the child, the interest of the person or persons with whom the
10child has been placed for adoption and the interests of the public.
In proceedings
11involving an American Indian child, the best interests of the child must be
12determined consistent with the Indian child welfare act, 25 USC 1901 to 1963. In
13this subsection, "American Indian child" means any unmarried person who is under
1418 years of age and is one of the following:
Note: This S
ection deletes certain language in current s. 48.01 (2), stats., to more
strongly emphasize that the best interests of the child must always be of the paramount
consideration under ch. 48, stats. Deleted is language specifying that the juvenile court
must "also consider the interest of the parents or guardian of the child, the interest of the
person or persons with whom the child has been placed for adoption and the interests of
the public". This
Section adds language to current s. 48.01 (2), stats., to clarify that, in
proceedings involving a child who is an American Indian, the best interests of the child
must be determined consistent with the federal Indian child welfare act,
25 USC 1901 to
1963.
The definition of "American Indian child" in this
Section and in
Section 12 (which
completes the definition) is based on the definition of "Indian child" in
25 USC 1903 (4).
AB837, s. 12
15Section
12
. 48.01 (2) (a) and (b) of the statutes are created to read:
AB837,33,1616
48.01
(2) (a) A member of an Indian tribe, as defined in
25 USC 1903 (8).
AB837,34,2
1(b) Eligible for membership in an Indian tribe and is the biological child of a
2member of an Indian tribe.
Note: See the Note following Section 11 of this bill.
Note: Renumbers the definition of "adult" in order to insert the definition of
"abuse" in the general definitions section of ch. 48.
AB837, s. 14
5Section
14. 48.02 (1) of the statutes is created to read:
AB837,34,76
48.02
(1) "Abuse", other than when used in referring to abuse of alcohol
7beverages or other drugs, means any of the following:
AB837,34,88
(a) Physical injury inflicted on a child by other than accidental means.
AB837,34,99
(b) Sexual intercourse or sexual contact under s. 940.225, 948.02 or 948.025.
AB837,34,1010
(c) A violation of s. 948.05.
AB837,34,1111
(d) Permitting, allowing or encouraging a child to violate s. 944.30.
AB837,34,1212
(e) A violation of s. 948.055.
AB837,34,1313
(f) A violation of s. 948.10.
AB837,34,1414
(g) Emotional damage.
Note: Defines "abuse" in the general definitions section of ch. 48 as meaning any
of the following:
1. Physical injury [as defined in s. 48.02 (14m), stats., as created by this bill]
inflicted on a child by other than accidental means.
2. Sexual intercourse or sexual contact under s. 940.225, stats., (the general sexual
assault statute), s. 948.02, stats., [sexual assault of a child under the age of 13 (first
degree) or under the age of 16 (2nd degree)] or s. 948.025, stats., (repeated acts of sexual
assault against the same child).
3. A violation of s. 948.05, stats., (sexual exploitation of child).
4. Permitting, allowing or encouraging a child to violate s. 944.30, stats.,
(prostitution).
5. A violation of s. 948.055, stats., (causing a child to view or listen to sexual
activity).
6. A violation of s. 948.10, stats., (for purposes of sexual arousal or gratification,
either causing a child to expose genitals or pubic area or exposing genitals or pubic area
to a child).
7. Emotional damage [as defined in s. 48.02 (5j), stats., as created by this bill].
AB837, s. 15
15Section
15. 48.02 (5j) of the statutes is created to read:
AB837,35,8
148.02
(5j) "Emotional damage" means harm to a child's psychological or
2intellectual functioning for which the child's parent, guardian or legal custodian has
3neglected, refused or been unable to obtain the necessary treatment or to take
4necessary steps to ameliorate the symptoms. "Emotional damage" shall be evidenced
5by one or more of the following characteristics exhibited to a substantial degree:
6anxiety; depression; withdrawal; outward aggressive behavior; or a substantial and
7observable change in behavior, emotional response or cognition that is not within the
8normal range for the child's age and stage of development.
Note: 1. Defines "emotional damage" in the general definitions section of ch. 48
as meaning harm to a child's psychological or intellectual functioning for which the child's
parent, guardian or legal custodian has neglected, refused or been unable either to obtain
the necessary treatment or to take necessary steps to ameliorate the symptoms.
2. Requires that emotional damage be evidenced by one or more of the following
characteristics exhibited to a substantial degree:
a. Anxiety.
b. Depression.
c. Withdrawal.
d. Outward aggressive behavior.
e. Substantial and observable change in behavior, emotional response or cognition
that is not within the normal range for the child's age and stage of development.
AB837, s. 16
9Section
16. 48.02 (14m) of the statutes is created to read:
AB837,35,1210
48.02
(14m) "Physical injury" means bodily harm, as defined in s. 939.22 (4).
11"Physical injury" does not include reasonable discipline of a child by a person
12responsible for the child's welfare, as defined in s. 939.45 (5) (a) 3.
AB837, s. 17
13Section
17. 48.02 (14r) of the statutes is created to read:
AB837,35,1814
48.02
(14r) "Reasonable discipline" means discipline that involves only such
15force as a reasonable person believes is necessary. "Reasonable discipline" does not
16include the use of force which is intended to cause, or which creates an unreasonable
17risk of, lacerations, fractured bones, burns, internal injuries, severe or frequent
18bruising, great bodily harm, as defined in s. 939.22 (14), or death.
Note: 1. Defines "physical injury" in the general definitions section of ch. 48 and
that definition is then incorporated in the definition of "abuse" under s. 48.02 (1), stats.,
as created by this bill.
2. Provides that "physical injury" means "bodily harm", which is defined in s.
939.22 (4), stats., as "physical pain or injury, illness or any impairment of physical
condition", but provides an exception for reasonable discipline by a "person responsible
for the child's welfare", which is defined in s. 939.45 (5) (a) 3., stats., as "includ[ing] the
child's parent or guardian; an employe of a public or private residential home, institution
or agency in which the child resides or is confined or that provides services to the child;
or any other person legally responsible for the child's welfare in a residential setting".
3. Provides that reasonable discipline may involve only such force as a reasonable
person believes is necessary and specifies that reasonable discipline does not include the
use of force which is intended to cause lacerations, fractured bones, burns, internal
injuries, severe or frequent bruising, great bodily harm, as defined in s. 939.22 (14), stats.,
or death or creates an unreasonable risk of such injuries or death. ["Great bodily harm"
is defined in s. 939.22 (14), stats., as "bodily injury which creates a substantial risk of
death, or which causes serious permanent disfigurement, or which causes a permanent
or protracted loss or impairment of the function of any bodily member or organ or other
serious bodily injury".]
AB837, s. 18
1Section
18. 48.023 (intro.) of the statutes is amended to read:
AB837,36,6
248.023 Guardianship. (intro.)
A Except as limited by an order of the court
3under s. 48.977 (5) (b), a person appointed by the court to be the guardian of a child
4under this chapter has the duty and authority to make important decisions in
5matters having a permanent effect on the life and development of the child and the
6duty to be concerned about the child's general welfare, including but not limited to:
Note: Clarifies that the duties and authority of a person appointed by the juvenile
court to be guardian of a child under ch. 48 to make decisions relating to the child's life,
development and general welfare may be limited by order of the juvenile court.
AB837, s. 19
7Section
19. 48.065 (3) (g) of the statutes is created to read:
AB837,36,98
48.065
(3) (g) Conduct hearings, make findings or issue orders in proceedings
9under s. 48.977.
Note: Prohibits a juvenile court commissioner from conducting hearings, making
findings or issuing orders in guardianship proceedings under s. 48.977, stats., as created
in this bill.
AB837, s. 20
10Section
20. 48.09 (5) of the statutes is amended to read:
AB837,37,311
48.09
(5) By the district attorney or, if designated by the county board of
12supervisors, by the corporation counsel, in any matter arising under s. 48.13
or
1348.977. If the county board transfers this authority to or from the district attorney
1on or after May 11, 1990, the board may do so only if the action is effective on
2September 1 of an odd-numbered year and the board notifies the department of
3administration of that change by January 1 of that odd-numbered year.
Note: Provides that the district attorney or, if designated by the county board, the
corporation counsel, shall represent the interests of the public in guardianship
proceedings under s. 48.977, stats., as created in this bill. [Under current s. 48.09 (6),
stats., a county board also has authority to designate any other appropriate person to
represent the interests of the public in such matters.]
AB837, s. 21
4Section
21. 48.13 (3) of the statutes is amended to read:
AB837,37,75
48.13
(3) Who has been the victim of
sexual or physical abuse
, as defined in s.
648.02 (1) (a), (b), (c), (d), (e) or (f), including injury
which that is self-inflicted or
7inflicted by another
by other than accidental means;
Note: Current law does not define sexual or physical abuse for purposes of CHIPS
jurisdiction. This bill provides a definition of "abuse" for purposes of CHIPS jurisdiction
by cross-referencing the paragraphs in the definition of "abuse" in s. 48.02 (1) (a) to (f),
stats., as created by this bill, which include "physical injury" [as defined in s. 48.02 (14m),
stats., as created by this bill], including a provision that the "physical injury" be inflicted
by other than accidental means, and which list various sex crimes.
AB837, s. 22
8Section
22. 48.13 (3m) of the statutes is amended to read:
AB837,37,139
48.13
(3m) Who is at substantial risk of becoming the victim of
sexual or
10physical abuse
, as defined in s. 48.02 (1) (a), (b), (c), (d), (e) or (f), including injury that
11is self-inflicted or inflicted by another
by other than accidental means, based on
12reliable and credible information that another child in the home has been the victim
13of
sexual or physical such abuse;
Note: Current law does not define sexual or physical abuse for purposes of CHIPS
jurisdiction. This bill provides a definition of "abuse" for purposes of CHIPS jurisdiction
by cross-referencing the paragraphs in the definition of "abuse" in s. 48.02 (1) (a) to (f),
stats., as created by this bill, which include "physical injury" [as defined in s. 48.02 (14m),
stats., as created by this bill], including a provision that the "physical injury" be inflicted
by other than accidental means, and which list various sex crimes.
AB837,38,3
148.13
(4) Whose parent or guardian signs the petition requesting jurisdiction
2under this subsection and
states that he or she is unable
or needs assistance to care
3for or provide necessary special treatment or care for the child;
Note: Amends this ground for CHIPS jurisdiction as follows:
1. In addition to providing a ground for jurisdiction if a parent or guardian is
unable to care for or provide necessary special treatment or care for a child, provides a
ground for jurisdiction if the parent or guardian needs assistance in doing so.
2. Provides that this ground for jurisdiction is not established simply by the
parent's or guardian's statement that he or she is unable to care for or provide necessary
special treatment or care for a child but, rather, is established only if the parent or
guardian proves that he or she is unable or needs assistance to do so.
AB837, s. 24
4Section
24. 48.13 (9) of the statutes is amended to read:
AB837,38,85
48.13
(9) Who is at least age 12, signs the petition requesting jurisdiction
under
6this subsection and
attests in court that he or she is in need of special
care and 7treatment
or care which the parent, guardian or legal custodian is unwilling
,
8neglecting, unable or needs assistance to provide;
Note: 1. Provides a ground for CHIPS jurisdiction if a child 12 years of age or over
signs the petition and the parent, guardian or legal custodian is unwilling, neglecting,
unable or needs assistance to provide needed special treatment or care rather than being
unwilling to do so.
2. Changes the phrase "special care or treatment" to "special treatment or care"
which is currently defined in s. 48.02 (17m), stats.
AB837, s. 25
9Section
25. 48.13 (11) of the statutes is amended to read:
AB837,38,1310
48.13
(11) Who is suffering emotional damage for which the parent
or, guardian
11is unwilling or legal custodian is neglecting, refusing or unable to provide treatment
,
12which is evidenced by one or more of the following characteristics, exhibited to a
13severe degree: anxiety, depression, withdrawal or outward aggressive behavior;