SB475,9,2321
813.122
(1) (g) "Potential child victim" means a child who is receiving care or
22services in the same care or services setting as a child who is the victim or the alleged
23victim of abuse in that care or services setting.
SB475, s. 14
24Section
14. 813.122 (2) of the statutes is amended to read:
SB475,10,15
1813.122
(2) Commencement of action and response. No action under this sec
2tion may be commenced by complaint and summons. An action under this section
3may be commenced only by a petition described under sub. (6) (a). The action com
4mences with service of the petition upon the respondent if a copy of the petition is
5filed before service or promptly after service.
The
For abuse that is alleged to have
6occurred in a place other than a care or services setting, the child victim or a parent,
7stepparent
or, legal guardian
or legal custodian, as defined in s. 48.02 (11), of the
8child victim may be a petitioner under this section.
For abuse that is alleged to have
9occurred in a care or services setting, the child victim, a potential child victim, the
10parent, stepparent, legal guardian or legal custodian, as defined in s. 48.02 (11), of
11the child victim or a potential child victim, the district attorney, or the county depart
12ment under s. 46.215, 46.22 or 46.23 may be a petitioner under this section. Section
13813.06 does not apply to an action under this section. The respondent may respond
14to the petition either in writing before or at the hearing on the issuance of the injunc
15tion or orally at that hearing.
SB475, s. 15
16Section
15. 813.122 (3) (b) 1. of the statutes is amended to read:
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813.122
(3) (b) 1. That a guardian ad litem be appointed for the child victim
or
18a potential child victim in accordance with s. 48.235.
SB475, s. 16
19Section
16. 813.122 (3) (bm) of the statutes is amended to read:
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813.122
(3) (bm) The court or court commissioner shall appoint a guardian ad
21litem if the respondent is a parent of the child
victim or a potential child victim.
SB475, s. 17
22Section
17. 813.122 (3) (c) of the statutes is amended to read:
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813.122
(3) (c) An action under this section may pertain to more than one child
24victim
or potential child victim.
SB475, s. 18
25Section
18. 813.122 (4) (a) (intro.) of the statutes is amended to read:
SB475,11,13
1813.122
(4) (a) (intro.) A judge or court commissioner shall issue a temporary
2restraining order ordering the respondent to avoid the child victim's residence or any
3premises temporarily occupied by the child victim or both, and to avoid contacting
4or causing any person other than a party's attorney to contact the child victim unless
5the petitioner consents in writing and the judge or court commissioner agrees that
6the contact is in the best interests of the child victim
,
; and, if the petition alleges that
7the abuse occurred in a care or services setting, to stop providing care or services for
8children, to avoid the residence of or any premises temporarily occupied by the child
9victim, a potential child victim or any other child and to avoid contacting or causing
10any person other than a party's attorney to contact the child victim, a potential child
11victim or any other child unless the petitioner consents in writing and the judge or
12court commissioner agrees that the contact is in the best interests of the child victim,
13the potential child victim or the other child; if all of the following occur:
SB475, s. 19
14Section
19. 813.122 (4) (a) 2. of the statutes is amended to read:
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813.122
(4) (a) 2. The judge or court commissioner finds reasonable grounds
16to believe that the respondent has engaged in, or based on prior conduct of the child
17victim and the respondent may engage in, abuse of the child victim
or, if the alleged
18abuse occurred in a care or services setting, the judge or court commissioner finds
19reasonable grounds to believe that the respondent has engaged in abuse of the child
20victim or, based on prior conduct of the child victim and the respondent, may engage
21in abuse of the child victim, a potential child victim or any other child.
SB475, s. 20
22Section
20. 813.122 (5) (a) (intro.) of the statutes is amended to read:
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813.122
(5) (a) (intro.) A judge may grant an injunction ordering the respon
24dent to avoid the child victim's residence or any premises temporarily occupied by the
25child victim or both, and to avoid contacting or causing any person other than a
1party's attorney to contact the child victim unless the petitioner consents to that con
2tact in writing and the judge agrees that the contact is in the best interests of the
3child victim
,; and, if the petition alleges that the abuse occurred in a care services
4setting, to stop providing care or services for children, to avoid the residence of or any
5premises temporarily occupied by the child victim, a potential child victim or any oth
6er child and to avoid contacting or causing any person other than a party's attorney
7to contact the child victim, a potential child victim or any other child unless the peti
8tioner consents in writing and the judge or court commissioner agrees that the con
9tact is in the best interests of the child victim, the potential child victim or the other
10child; if all of the following occur:
SB475, s. 21
11Section
21. 813.122 (5) (a) 3. of the statutes is amended to read:
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813.122
(5) (a) 3. After hearing, the judge finds reasonable grounds to believe
13that the respondent has engaged in, or based upon prior conduct of the child victim
14and the respondent may engage in, abuse of the child victim
or, if the alleged abuse
15occurred in a care or services setting, after hearing, the judge finds reasonable
16grounds to believe that the respondent has engaged in abuse of the child victim or,
17based on prior conduct of the child victim and the respondent, may engage in abuse
18of the child victim, a potential child victim or any other child.
SB475, s. 22
19Section
22. 813.122 (5) (d) 1. of the statutes is amended to read:
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813.122
(5) (d) 1. An injunction under this subsection is effective according to
21its terms,
but except that an injunction restraining abuse in a place other than a care
22or services setting is effective for not more than 2 years or until the child victim at
23tains 18 years of age, whichever occurs first
and an injunction restraining abuse in
24a care or services setting is effective for such time as the court may consider appropri
25ate, based on the evidence.
SB475, s. 23
1Section
23. 813.122 (5) (d) 2. of the statutes is amended to read:
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813.122
(5) (d) 2. When an injunction in effect for less than 6 months expires,
3the court shall extend the injunction if the petitioner states that an extension is nec
4essary to protect the child victim.
This An extension
of an injunction restraining
5abuse in a place other than a care or services setting shall remain in effect until 6
6months after the date the court first entered the injunction or until the child attains
718 years of age, whichever occurs first.
An extension of an injunction restraining
8abuse in a care or services setting shall remain in effect for such time as the court
9considers appropriate, based on the evidence.
SB475, s. 24
10Section
24. 813.122 (5) (d) 3. of the statutes is amended to read:
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813.122
(5) (d) 3. If the petitioner states that an extension
of an injunction re
12straining abuse in a place other than a care or services setting is necessary to protect
13the child victim, the court may extend the injunction for not more than 2 years or un
14til the child
victim attains 18 years of age, whichever occurs first.
If the petitioner
15states that an extension of an injunction restraining abuse in a care or services set
16ting is necessary to protect the child victim, a potential child victim or any other
17child, the court may extend the injunction for such time as the court considers ap
18propriate, based on the evidence.
SB475, s. 25
19Section
25. 813.122 (6) (a) 1. of the statutes is amended to read:
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813.122
(6) (a) 1. The name of the petitioner and the child victim
or, if the peti
21tion alleges that the abuse occurred in a care or services setting, the name of the peti
22tioner, the child victim and any potential child victim.
SB475, s. 26
23Section
26. 813.122 (6) (a) 3. of the statutes is amended to read:
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813.122
(6) (a) 3. That the respondent engaged in
, or
, based on prior conduct
25of the respondent and the child victim
, may engage in
, abuse of the child victim
or,
1if the petition alleges that the abuse occurred in a care or services setting, that the
2respondent engaged in abuse of the child victim or, based on prior conduct of the child
3victim and the respondent, may engage in abuse of the child victim, a potential child
4victim or any other child.
SB475, s. 27
5Section
27. 813.122 (7) of the statutes is amended to read:
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813.122
(7) Contact. Any order under this section directing a person to avoid
7contact with a child victim
, a potential child victim or any other child prohibits the
8person from knowingly touching, meeting, communicating or being in visual or audio
9contact with the child victim,
potential child victim or other child except as provided
10in any modifications of the order under sub. (5) (b).
SB475,14,14
12(1) This act first applies to abuse, as defined in sections 48.981 (1) (a) and
13813.122 (1) (a) of the statutes, and neglect, as defined in section 48.981 (1) (d) of the
14statutes, that occur on the effective date of this subsection.