AB463-ASA1,48,11
148.255
(4) A copy of
the
a petition
under sub. (1) shall be given to the child if
2the child is 12 years of age or
older over and to the parents, guardian, legal custodian
3and physical custodian.
A copy of a petition under sub. (1m) shall be given to the child
4expectant mother, if 12 years of age or over, her parents, guardian, legal custodian
5and physical custodian and the unborn child by the unborn child's guardian ad litem
6or to the adult expectant mother, the unborn child through the unborn child's
7guardian ad litem and the physical custodian of the expectant mother, if any. A copy
8of a petition under sub. (1) or (1m) shall also be given to the tribe or band with which
9the child is affiliated or with which the unborn child may be eligible for affiliation
10when born, if the child is an Indian child or the unborn child may be an Indian child
11when born.
AB463-ASA1,48,1613
48.263
(1) Except as provided in s. 48.255 (3), no petition, process or other
14proceeding may be dismissed or reversed for any error or mistake if the case and the
15identity of the child
or expectant mother named in the petition may be readily
16understood by the court; and the court may order an amendment curing the defects.
AB463-ASA1,48,2218
48.263
(2) With reasonable notification to the interested parties and prior to
19the taking of a plea under s. 48.30, the petition may be amended at the discretion of
20the court or person who filed the petition. After the taking of a plea,
if the child is
21alleged to be in need of protection or services, the petition may be amended provided
22any objecting party is allowed a continuance for a reasonable time.
AB463-ASA1, s. 114
23Section
114. 48.27 (1) of the statutes is renumbered 48.27 (1) (a) and amended
24to read:
AB463-ASA1,49,6
148.27
(1) (a) After a petition has been filed relating to facts concerning a
2situation specified under
ss. s. 48.13
or a situation specified in s. 48.133 involving an
3expectant mother who is a child, unless the parties under sub. (3) voluntarily appear,
4the court may issue a summons requiring the person who has legal custody of the
5child to appear personally, and, if the court so orders, to bring the child before the
6court at a time and place stated.
AB463-ASA1,49,128
48.27
(1) (b) After a petition has been filed relating to facts concerning a
9situation specified under s. 48.133 involving an expectant mother who is an adult,
10unless the adult expectant mother voluntarily appears, the court may issue a
11summons requiring the adult expectant mother to appear personally before the court
12at a time and place stated.
AB463-ASA1,50,314
48.27
(3) (a) 1.
The If the petition that was filed relates to facts concerning a
15situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother
16who is a child, the court shall also notify, under s. 48.273, the child, any parent,
17guardian and legal custodian of the child, any foster parent, treatment foster parent
18or other physical custodian described in s. 48.62 (2) of the child
, the unborn child by
19the unborn child's guardian ad litem, if applicable, and any person specified in par.
20(b)
or (d), if applicable, of all hearings involving the child except hearings on motions
21for which notice need only be provided to the child and his or her counsel.
Where 22When parents
who are entitled to notice have the same place of residence, notice to
23one shall constitute notice to the other. The first notice to any interested party, foster
24parent, treatment foster parent or other physical custodian described in s. 48.62 (2)
25shall be written and may have a copy of the petition attached to it. Thereafter, notice
1of hearings may be given by telephone at least 72 hours before the time of the
2hearing. The person giving telephone notice shall place in the case file a signed
3statement of the time notice was given and the person to whom he or she spoke.
AB463-ASA1, s. 117
4Section
117. 48.27 (3) (b) 1. (intro.) of the statutes is amended to read:
AB463-ASA1,50,105
48.27
(3) (b) 1. (intro.) Except as provided in subd. 2., if the petition that was
6filed relates to facts concerning a situation under s. 48.13
or a situation under s.
748.133 involving an expectant mother who is a child and if the child is a nonmarital
8child who is not adopted or whose parents do not subsequently intermarry as
9provided under s. 767.60 and if paternity has not been established, the court shall
10notify, under s. 48.273, all of the following persons:
AB463-ASA1,50,2312
48.27
(3) (c) If the petition that was filed relates to facts concerning a situation
13under s. 48.133 involving an expectant mother who is an adult, the court shall notify,
14under s. 48.273, the unborn child by the unborn child's guardian ad litem, the
15expectant mother, the physical custodian of the expectant mother, if any, and any
16person specified in par. (d), if applicable, of all hearings involving the unborn child
17and expectant mother except hearings on motions for which notice need only be
18provided to the expectant mother and her counsel and the unborn child through the
19unborn child's guardian ad litem. The first notice to any interested party shall be
20written and may have a copy of the petition attached to it. Thereafter, notice of
21hearings may be given by telephone at least 72 hours before the time of the hearing.
22The person giving telephone notice shall place in the case file a signed statement of
23the time notice was given and the person to whom he or she spoke.
AB463-ASA1,51,5
148.27
(3) (d) If the petition that was filed relates to facts concerning a situation
2under s. 48.133 concerning an unborn child who, when born, will be an Indian child,
3the court shall notify, under s. 48.273, the tribe or band with which the unborn child
4will be affiliated when born and that tribe or band may, at the court's discretion,
5intervene in the proceeding before the unborn child is born.
AB463-ASA1, s. 120
6Section
120. 48.27 (4) (intro.) of the statutes is renumbered 48.27 (4) (a)
7(intro.) and amended to read:
AB463-ASA1,51,88
48.27
(4) (a) (intro.)
The
A notice
under sub. (3) (a) or (b) shall:
AB463-ASA1,51,1010
48.27
(4) (b) A notice under sub. (3) (c) shall:
AB463-ASA1,51,1211
(a) Contain the name of the adult expectant mother, and the nature, location,
12date and time of the hearing.
AB463-ASA1,51,1413
(b) Advise the adult expectant mother of her right to legal counsel regardless
14of ability to pay.
AB463-ASA1,51,2016
48.27
(8) When a petition is filed under s. 48.13
or when a petition involving
17an expectant mother who is a child is filed under s. 48.133, the court shall notify, in
18writing, the child's parents or guardian that they may be ordered to reimburse this
19state or the county for the costs of legal counsel provided for the child, as provided
20under s. 48.275 (2).
AB463-ASA1,52,722
48.275
(1) If the court finds a child to be in need of protection or services under
23s. 48.13
or an unborn child of an expectant mother who is a child to be in need of
24protection or services under s. 48.133, the court shall order the
parents parent of the
25child to contribute toward the expense of post-adjudication services to the child
1expectant mother and the child when born the proportion of the total amount which
2the court finds the
parents are parent is able to pay.
If the court finds an unborn child
3of an expectant mother who is an adult to be in need of protection or services under
4s. 48.133, the court shall order the adult expectant mother to contribute toward the
5expense of post-adjudication services to the adult expectant mother and the child
6when born the proportion of the total amount which the court finds the adult
7expectant mother is able to pay.
AB463-ASA1,52,219
48.275
(2) (a) If this state or a county provides legal counsel to a child
who is 10subject to a proceeding under s. 48.13
or to a child expectant mother who is subject
11to a proceeding under s. 48.133, the court shall order the child's parent to reimburse
12the state or county in accordance with par. (b) or (c).
If this state or a county provides
13legal counsel to an adult expectant mother who is subject to a proceeding under s.
1448.133, the court shall order the adult expectant mother to reimburse the state or
15county in accordance with par. (b) or (c). The court may not order reimbursement if
16a parent is the complaining or petitioning party or if the court finds that the interests
17of the parent and the interests of the child in the proceeding are substantially and
18directly adverse and that reimbursement would be unfair to the parent. The court
19may not order reimbursement until the completion of the proceeding or until the
20state or county is no longer providing the child
or expectant mother with legal
21counsel in the proceeding.
AB463-ASA1,53,723
48.275
(2) (b) If this state provides the child
or adult expectant mother with
24legal counsel and the court orders reimbursement under par. (a), the child's parent
25or the adult expectant mother may request the state public defender to determine
1whether the parent
or adult expectant mother is indigent as provided under s. 977.07
2and to determine the amount of reimbursement. If the parent
or adult expectant
3mother is found not to be indigent, the amount of reimbursement shall be the
4maximum amount established by the public defender board. If the parent
or adult
5expectant mother is found to be indigent in part, the amount of reimbursement shall
6be the amount of partial payment determined in accordance with the rules of the
7public defender board under s. 977.02 (3).
AB463-ASA1,53,159
48.275
(2) (c) If the county provides the child
or adult expectant mother with
10legal counsel and the court orders reimbursement under par. (a), the court shall
11either make a determination of indigency or shall appoint the county department to
12make the determination. If the court or the county department finds that the parent
13or adult expectant mother is not indigent or is indigent in part, the court shall
14establish the amount of reimbursement and shall order the parent
or adult expectant
15mother to pay it.
AB463-ASA1, s. 127
16Section
127. 48.275 (2) (cg) (intro.) of the statutes is amended to read:
AB463-ASA1,53,1817
48.275
(2) (cg) (intro.) The court shall, upon motion by a parent
or expectant
18mother, hold a hearing to review any of the following:
AB463-ASA1,54,520
48.29
(1) The child,
or the child's parent, guardian or legal custodian
, the
21expectant mother or the unborn child by the unborn child's guardian ad litem, either
22before or during the plea hearing, may file a written request with the clerk of the
23court or other person acting as the clerk for a substitution of the judge assigned to
24the proceeding. Upon filing the written request, the filing party shall immediately
25mail or deliver a copy of the request to the judge named
therein. Whenever in the
1request. When any person has the right to request a substitution of judge, that
2person's counsel or guardian ad litem may file the request. Not more than one such
3written request may be filed in any one proceeding, nor may any single request name
4more than one judge. This section
shall does not apply to proceedings under s. 48.21
5or 48.213.
AB463-ASA1,54,167
48.293
(2) All records relating to a child
, or to an unborn child and the unborn
8child's expectant mother, which are relevant to the subject matter of a proceeding
9under this chapter shall be open to inspection by a guardian ad litem or counsel for
10any party, upon demand and upon presentation of releases
where when necessary,
11at least 48 hours before the proceeding. Persons
and unborn children, by their
12guardians ad litem, entitled to inspect the records may obtain copies of the records
13with the permission of the custodian of the records or with permission of the court.
14The court may instruct counsel not to disclose specified items in the materials to the
15child or the parent
, or to the expectant mother, if the court reasonably believes that
16the disclosure would be harmful to the interests of the child
or the unborn child.
AB463-ASA1,55,218
48.293
(3) Upon request prior to the fact-finding hearing, counsel for the
19interests of the public shall disclose to the child,
child's through his or her counsel
20or guardian ad litem
, or to the unborn child, through the unborn child's guardian ad
21litem, the existence of any videotaped oral statement of a child under s. 908.08 which
22is within the possession, custody or control of the state and shall make reasonable
23arrangements for the requesting person to view the videotaped oral statement. If,
24subsequent to compliance with this subsection, the state obtains possession, custody
25or control of such a videotaped statement, counsel for the interests of the public shall
1promptly notify the requesting person of that fact and make reasonable
2arrangements for the requesting person to view the videotaped oral statement.
AB463-ASA1,55,234
48.295
(1) After the filing of a petition and upon a finding by the court that
5reasonable cause exists to warrant an examination or an alcohol and other drug
6abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court
7may order any child coming within its jurisdiction to be examined as an outpatient
8by personnel in an approved treatment facility for alcohol and other drug abuse, by
9a physician, psychiatrist or licensed psychologist, or by another expert appointed by
10the court holding at least a master's degree in social work or another related field of
11child development, in order that the child's physical, psychological, alcohol or other
12drug dependency, mental or developmental condition may be considered. The court
13may also order an examination or an alcohol and other drug abuse assessment that
14conforms to the criteria specified under s. 48.547 (4) of a parent, guardian or legal
15custodian whose ability to care for a child is at issue before the court
or of an
16expectant mother whose ability to control her use of alcohol beverages, controlled
17substances or controlled substance analogs is at issue before the court. The court
18shall hear any objections by the child, the child's parents, guardian or legal custodian
19or the expectant mother to the request for such an examination or assessment before
20ordering the examination or assessment. The expenses of an examination, if
21approved by the court, shall be paid by the county of the court ordering the
22examination. The payment for an alcohol and other drug abuse assessment shall be
23in accordance with s. 48.361.
AB463-ASA1,56,4
148.295
(1c) Reasonable cause is considered to exist to warrant an alcohol and
2other drug abuse assessment under sub. (1) if the multidisciplinary screen procedure
3conducted under s. 48.24 (2) indicates that the child
or expectant mother is at risk
4of having needs and problems related to alcohol or other drug abuse.
AB463-ASA1,56,176
48.295
(1g) If the court orders an alcohol or other drug abuse assessment under
7sub. (1), the approved treatment facility shall, within 14 days after the court order,
8report the results of the assessment to the court, except that, upon request by the
9approved treatment facility and if the child
is not an expectant mother under s.
1048.133 and is not held in secure or nonsecure custody, the court may extend the period
11for assessment for not more than 20 additional working days. The report shall
12include a recommendation as to whether the child
or expectant mother is in need of
13treatment for abuse of alcohol beverages, controlled substances or controlled
14substance analogs or education relating to the use of alcohol beverages, controlled
15substances and controlled substance analogs and, if so, shall recommend a service
16plan and an appropriate treatment, from an approved treatment facility, or a
17court-approved education program.
AB463-ASA1,57,219
48.295
(2) The examiner shall file a report of the examination with the court
20by the date specified in the order. The court shall cause copies to be transmitted to
21the district attorney or corporation counsel
and to the child's, to counsel
or guardian
22ad litem for the child and, if applicable, to counsel or guardian ad litem for the unborn
23child and the unborn child's expectant mother. The report shall describe the nature
24of the examination and identify the persons interviewed, the particular records
25reviewed and any tests administered to the child
or expectant mother. The report
1shall also state in reasonable detail the facts and reasoning upon which the
2examiner's opinions are based.
AB463-ASA1,57,74
48.295
(3) If the child
or a, the child's parent
or the expectant mother objects
5to a particular physician, psychiatrist, licensed psychologist or other expert as
6required under this section, the court shall appoint a different physician,
7psychiatrist, psychologist or other expert as required under this section.
AB463-ASA1,57,149
48.297
(4) Although the taking of a child
or an expectant mother of an unborn
10child into custody is not an arrest,
it that taking into custody shall be considered an
11arrest for the purpose of deciding motions which require a decision about the
12propriety of taking into custody, including
but not limited to motions to suppress
13evidence as illegally seized, motions to suppress statements as illegally obtained and
14motions challenging the lawfulness of the taking into custody.
AB463-ASA1,57,2016
48.297
(5) If the child
or the expectant mother of an unborn child is in custody
17and the court grants a motion to dismiss based
upon
on a defect in the petition or in
18the institution of the proceedings, the court may order the child
or expectant mother
19to be continued in custody for not more than 48 hours pending the filing of a new
20petition.
AB463-ASA1,57,2422
48.297
(6) A motion required to be served on a child may be served
upon on his
23or her attorney of record.
A motion required to be served on an unborn child may be
24served on the unborn child's guardian ad litem.
AB463-ASA1,58,8
148.299
(1) (a) The general public shall be excluded from hearings under this
2chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a
3public fact-finding hearing is demanded by a child through his or her counsel
, by an
4expectant mother through her counsel or by an unborn child through the unborn
5child's guardian ad litem. However, the court shall refuse to grant the public hearing
6in a proceeding other than a proceeding under s. 48.375 (7), if a parent
or, guardian
,
7expectant mother or unborn child through the unborn child's guardian ad litem 8objects.
AB463-ASA1,58,2110
48.299
(1) (ag) In a proceeding other than a proceeding under s. 48.375 (7), if
11a public hearing is not held, only the parties and their counsel
or guardian ad litem,
12if any, the child's foster parent, treatment foster parent or other physical custodian
13described in s. 48.62 (2), witnesses and other persons requested by a party and
14approved by the court may be present, except that the court may exclude a foster
15parent, treatment foster parent or other physical custodian described in s. 48.62 (2)
16from any portion of the hearing if that portion of the hearing deals with sensitive
17personal information of the child or the child's family or if the court determines that
18excluding the foster parent, treatment foster parent or other physical custodian
19would be in the best interests of the child. Except in a proceeding under s. 48.375
20(7), any other person the court finds to have a proper interest in the case or in the
21work of the court, including a member of the bar, may be admitted by the court.
AB463-ASA1,59,223
48.299
(1) (b) Except as provided in ss. 48.375 (7) (e) and 48.396, any person
24who divulges any information which would identify the child
, the expectant mother 25or the family involved in any proceeding under this chapter shall be subject to ch.
1785.
This paragraph does not preclude a victim of the child's act from commencing
2a civil action based upon the child's act.
AB463-ASA1,59,174
48.299
(4) (b) Except as provided in s. 901.05, neither common law nor
5statutory rules of evidence are binding at a hearing for a child held in custody under
6s. 48.21,
a hearing for an adult expectant mother held in custody under s. 48.213, a
7runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing
8about changes in placement, revision of dispositional orders, extension of
9dispositional orders or termination of guardianship orders entered under s. 48.977
10(4) (h) 2. or (6). At those hearings, the court shall admit all testimony having
11reasonable probative value, but shall exclude immaterial, irrelevant or unduly
12repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay
13evidence may be admitted if it has demonstrable circumstantial guarantees of
14trustworthiness. The court shall give effect to the rules of privilege recognized by
15law. The court shall apply the basic principles of relevancy, materiality and probative
16value to proof of all questions of fact. Objections to evidentiary offers and offers of
17proof of evidence not admitted may be made and shall be noted in the record.
AB463-ASA1,59,2419
48.299
(5) On request of any party, unless good cause to the contrary is shown,
20any hearing under s. 48.209 (1) (e)
or, 48.21 (1)
or 48.213 (1) may be held on the record
21by telephone or live audio-visual means or testimony may be received by telephone
22or live audio-visual means as prescribed in s. 807.13 (2). The request and the
23showing of good cause for not conducting the hearing or admitting testimony by
24telephone or live audio-visual means may be made by telephone.
AB463-ASA1,60,6
148.30
(1) Except as provided in this subsection, the hearing to determine
2whether any party wishes to contest an allegation that the child
or unborn child is
3in need of protection or services shall take place on a date which allows reasonable
4time for the parties to prepare but is within 30 days after the filing of a petition for
5a child
or an expectant mother who is not being held in secure custody or within 10
6days after the filing of a petition for a child who is being held in secure custody.
AB463-ASA1,60,178
48.30
(2) At the commencement of the hearing under this section the child and
9the parent, guardian or legal custodian
, the child expectant mother, her parent,
10guardian or legal custodian and the unborn child through the unborn child's
11guardian ad litem or the adult expectant mother and the unborn child through the
12unborn child's guardian ad litem, shall be advised of their rights as specified in s.
1348.243 and shall be informed that a request for a jury trial or for a substitution of
14judge under s. 48.29 must be made before the end of the plea hearing or be waived.
15Nonpetitioning parties, including the child, shall be granted a continuance of the
16plea hearing if they wish to consult with an attorney on the request for a jury trial
17or substitution of a judge.
AB463-ASA1,61,219
48.30
(3) If a petition alleges that a child is in need of protection or services
20under s. 48.13
or that an unborn child of a child expectant mother is in need of
21protection or services under s. 48.133, the nonpetitioning parties and the child, if he
22or she is 12 years of age or older or is otherwise competent to do so, shall state
23whether they desire to contest the petition.
If a petition alleges that an unborn child
24of an adult expectant mother is in need of protection or services under s. 48.133, the
1adult expectant mother of the unborn child shall state whether she desires to contest
2the petition.
AB463-ASA1,61,205
48.30
(6) If a petition is not contested, the court shall set a date for the
6dispositional hearing which allows reasonable time for the parties to prepare but is
7no more than 10 days
from after the plea hearing for
the a child who is held in secure
8custody and no more than 30 days
from after the plea hearing for a child
or an
9expectant mother who is not held in secure custody. If it appears to the court that
10disposition of the case may include placement of the child outside the child's home,
11the court shall order the child's parent to provide a statement of income, assets, debts
12and living expenses to the court or the designated agency under s. 48.33 (1) at least
135 days before the scheduled date of the dispositional hearing or as otherwise ordered
14by the court. The clerk of court shall provide, without charge, to any parent ordered
15to provide a statement of income, assets, debts and living expenses a document
16setting forth the percentage standard established by the department of workforce
17development under s. 49.22 (9) and the manner of its application established by the
18department of health and family services under s. 46.247 and listing the factors that
19a court may consider under s. 46.10 (14) (c). If all parties consent the court may
20proceed immediately with the dispositional hearing.
AB463-ASA1,62,222
48.30
(7) If the petition is contested, the court shall set a date for the
23fact-finding hearing which allows reasonable time for the parties to prepare but is
24no more than 20 days
from after the plea hearing for a child who is held in secure
1custody and no more than 30 days
from after the plea hearing for a child
or an
2expectant mother who is not held in secure custody.
AB463-ASA1,62,74
48.30
(8) (a) Address the parties present including the child
or expectant
5mother personally and determine that the plea or admission is made voluntarily
6with understanding of the nature of the acts alleged in the petition and the potential
7dispositions.
AB463-ASA1,62,119
48.30
(8) (c) Make such inquiries as satisfactorily establishes that there is a
10factual basis for the
parent's and child's plea or admission
of the parent and child,
11of the parent and child expectant mother or of the adult expectant mother.
AB463-ASA1,62,1613
48.30
(9) If a court commissioner conducts the plea hearing and accepts an
14admission of the alleged facts in a petition brought under s. 48.13
or 48.133, the judge
15shall review the admission at the beginning of the dispositional hearing by
16addressing the parties and making the inquiries set forth in sub. (8).
AB463-ASA1,63,3
1848.305 (title)
Hearing upon the involuntary removal of a child or
19expectant mother. Notwithstanding other time periods for hearings under this
20chapter, if a child is removed from the physical custody of the child's parent or
21guardian under s. 48.19 (1) (c)
or (cm) or (d) 5.
or 8. without the consent of the parent
22or guardian
or if an adult expectant mother is taken into custody under s. 48.193 (1)
23(c) or (d) 2. without the consent of the expectant mother, the court shall schedule a
24plea hearing and fact-finding hearing within 30 days
of after a request from the
25parent or guardian from whom custody was removed
or from the adult expectant
1mother who was taken into custody. The plea hearing and fact-finding hearing may
2be combined. This time period may be extended only with the consent of the
3requesting parent
or, guardian
or expectant mother.
AB463-ASA1,63,75
48.31
(1) In this section, "fact-finding hearing" means a hearing to determine
6if the allegations in a petition under s. 48.13
or 48.133 or a petition to terminate
7parental rights are proved by clear and convincing evidence.