SB501,34,1212
(e) A violation of s. 948.055.
SB501,34,1313
(f) A violation of s. 948.10.
SB501,34,1414
(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].
SB501, s. 15
15Section
15. 48.02 (5j) of the statutes is created to read:
SB501,35,8
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.
SB501, s. 16
9Section
16. 48.02 (14m) of the statutes is created to read:
SB501,35,1210
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.
SB501, s. 17
13Section
17. 48.02 (14r) of the statutes is created to read:
SB501,35,1814
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".]
SB501, s. 18
1Section
18. 48.023 (intro.) of the statutes is amended to read:
SB501,36,6
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.
SB501, s. 19
7Section
19. 48.065 (3) (g) of the statutes is created to read:
SB501,36,98
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.
SB501, s. 20
10Section
20. 48.09 (5) of the statutes is amended to read:
SB501,37,311
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.]
SB501, s. 21
4Section
21. 48.13 (3) of the statutes is amended to read:
SB501,37,75
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.
SB501, s. 22
8Section
22. 48.13 (3m) of the statutes is amended to read:
SB501,37,139
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.
SB501,38,3
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.
SB501, s. 24
4Section
24. 48.13 (9) of the statutes is amended to read:
SB501,38,85
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.
SB501, s. 25
9Section
25. 48.13 (11) of the statutes is amended to read:
SB501,38,1310
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;
Note: Makes the following changes:
1. Deletes from this ground for CHIPS jurisdiction the requirements that
"emotional damage" be evidenced by anxiety, depression, withdrawal or outward
aggressive behavior exhibited to a severe degree. The definition of "emotional damage"
in s. 48.02 (5j), stats., as created by this bill, includes a provision that these characteristics
must be exhibited to a substantial degree but also defines as "emotional damage" a
"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".
2. Adds grounds for jurisdiction over a child who is suffering emotional damage if
a parent or guardian is neglecting, refusing or unable to provide treatment rather than
merely being unwilling to do so.
3. Adds grounds for jurisdiction over a child who is suffering emotional damage if
a legal custodian is neglecting, refusing or unable to provide treatment.
SB501, s. 26
1Section
26. 48.13 (11m) of the statutes is amended to read:
SB501,39,42
48.13
(11m) Who is suffering from an alcohol and other drug abuse
3impairment, exhibited to a severe degree, for which the parent
or, guardian
or legal
4custodian is
unwilling neglecting, refusing or unable to provide treatment;
Note: 1. Adds grounds for CHIPS jurisdiction if a child is suffering from an alcohol
or other drug abuse impairment if a parent or guardian is neglecting, refusing or unable
to provide treatment rather than being unwilling to do so.
2. Adds grounds for jurisdiction for alcohol or other drug abuse impairment if a
legal custodian is neglecting, refusing or unable to provide treatment.
SB501, s. 27
5Section
27. 48.14 (2) (b) of the statutes is amended to read:
SB501,39,96
48.14
(2) (b) The appointment and removal of a guardian of the person for a
7child under ss. 48.427, 48.428, 48.43, 48.831, 48.832
and
, 48.839 (4) (a)
and 48.977 8and ch. 880 and for a child found to be in need of protection or services under s. 48.13
9because the child is without parent or guardian.
Note: Section 48.14 (2) (b), stats., sets forth a list of matters over which the juvenile
court has exclusive jurisdiction (no other court, for example, a regular branch of the
circuit court, can deal with these matters). Currently the juvenile court has exclusive
jurisdiction over the appointment and removal of a guardian of the person for a child
under all of the following provisions:
1. Section 48.427, stats., relating to dispositions in TPR proceedings.
2. Section 48.428, stats., relating to sustaining care.
3. Section 48.43, stats., relating to court orders in TPR cases.
4. Section 48.831, stats., relating to appointment of a guardian for a child without
a living parent for an adoptability finding.
5. Section 48.832, stats., relating to transfer of guardianship upon revocation of
a guardian's license.
6. Section 48.839 (4) (a), stats., relating to transfer of guardianship of a child from
a foreign jurisdiction if the guardian does not file a TPR or adoption petition.
7. Chapter 880, stats., the general guardianship chapter.
8. For a child adjudged CHIPS under 48.13 (1), stats., because the child is without
a parent or guardian.
This Section adds a reference to s. 48.977, stats., as created in this bill, relating
to the appointment of relatives as guardians for certain children in need of protection or
services under certain circumstances.
SB501,40,9
148.185
(1) Venue Subject to sub. (2), venue for any proceeding under ss. 48.13,
248.135 and 48.14 (1) to (9) may be in any of the following: the county where the child
3resides, the county where the child is present or, in the case of a violation of a state
4law or a county, town or municipal ordinance, the county where the violation
5occurred. Venue for proceedings brought under subch. VIII is as provided in this
6subsection except where the child has been placed and is living outside the home of
7the child's parent pursuant to a dispositional order, in which case venue is as
8provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as provided in s.
9801.50 (5s).
SB501, s. 29
10Section
29. 48.185 (2) of the statutes is amended to read:
SB501,40,1911
48.185
(2) In an action under s. 48.41, venue shall be in the county where the
12birth parent or child resides at the time that the petition is filed. Venue for any
13proceeding under s. 48.363
or, 48.365
or 48.977, or any
other proceeding under subch.
14VIII when the child has been placed outside the home pursuant to a dispositional
15order under s. 48.345, shall be in the county where the dispositional order was issued,
16unless the child's county of residence has changed, or the parent of the child has
17resided in a different county of this state for 6 months. In either case, the court may,
18upon a motion and for good cause shown, transfer the case, along with all appropriate
19records, to the county of residence of the child or parent.
Note: Amends s. 48.185 (1) and (2), stats., to provide that venue for a guardianship
proceeding as created by this bill is in the county where the CHIPS dispositional order
was issued, unless the child's county of residence has changed or the child's parent has
resided in a different county of this state for 6 months.
SB501, s. 30
20Section
30. 48.205 (1) (b) of the statutes is amended to read:
SB501,41,221
48.205
(1) (b) Probable cause exists to believe that the parent, guardian or legal
22custodian of the child or other responsible adult is
neglecting, refusing, unable or 23unavailable
, unwilling or unable to provide adequate supervision and care and that
1services to ensure the child's safety and well-being are not available or would be
2inadequate; or
Note: Provides that, with respect to one of the possible criteria for holding a child
in physical custody, there must be probable cause to believe that the child's parent,
guardian or legal custodian or other responsible adult is neglecting, refusing, unable or
unavailable to provide adequate supervision and care rather than being unavailable,
unwilling or unable to do so.
SB501,41,175
48.21
(1) (a) If a child who has been taken into custody is not released under
6s. 48.20, a hearing to determine whether the child shall continue to be held in custody
7under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile
8court commissioner within
24 48 hours of the time the decision to hold the child was
9made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing
10a petition under s. 48.25 shall be filed, except that no petition need be filed where a
11child is taken into custody under s. 48.19 (1) (b) or (d) 2. or 7. or where the child is
12a runaway from another state, in which case a written statement of the reasons for
13holding a child in custody shall be substituted if the petition is not filed. If no hearing
14has been held within
24 48 hours
, excluding Saturdays, Sundays and legal holidays, 15or if no petition or statement has been filed at the time of the hearing, the child shall
16be released except as provided in par. (b). A parent not present at the hearing shall
17be granted a rehearing upon request.
Note: Provides that a detention hearing must be held within 48 hours, excluding
Saturdays, Sundays and legal holidays, after the decision was made to hold the child,
rather than 24 hours, excluding Saturdays, Sundays and legal holidays.
SB501, s. 32
18Section
32. 48.21 (1) (b) of the statutes is amended to read:
SB501,42,1019
48.21
(1) (b) If no petition has been filed by the time of the hearing, a child may
20be held in custody with approval of the judge or juvenile court commissioner for an
1additional
48 72 hours from the time of the hearing
, excluding Saturdays, Sundays
2and legal holidays, only if, as a result of the facts brought forth at the hearing, the
3judge or juvenile court commissioner determines that probable cause exists to
4believe that the child is an imminent danger to himself or herself or to others, or that
5probable cause exists to believe that the parent, guardian or legal custodian of the
6child or other responsible adult is
unwilling neglecting, refusing, unable or
7unavailable to provide adequate supervision and care. The extension may be
8granted only once for any petition. In the event of failure to file a petition within the
948-hour extension period provided for in this paragraph, the judge or juvenile court
10commissioner shall order the child's immediate release from custody.
Note: Expands the 48-hour extension period to a 72-hour extension period,
excluding Saturdays, Sundays and legal holidays.
SB501, s. 33
11Section
33. 48.235 (1) (c) of the statutes is amended to read:
SB501,42,1512
48.235
(1) (c) The court shall appoint a guardian ad litem for any child who is
13the subject of a proceeding to terminate parental rights, whether voluntary or
14involuntary,
and for a child who is the subject of a contested adoption proceeding
and
15for a child who is the subject of a proceeding under s. 48.977.