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.
AB463-ASA1,64,49
48.31
(2) The hearing shall be to the court unless the child,
the child's parent,
10guardian or legal custodian
, the unborn child by the unborn child's guardian ad litem
11or the expectant mother of the unborn child exercises the right to a jury trial by
12demanding a jury trial at any time before or during the plea hearing. If a jury trial
13is demanded in a proceeding under s. 48.13
or 48.133, the jury shall consist of 6
14persons. If a jury trial is demanded in a proceeding under s. 48.42, the jury shall
15consist of 12 persons unless the parties agree to a lesser number. Chapters 756 and
16805 shall govern the selection of jurors. If the hearing involves a child victim or
17witness, as defined in s. 950.02, the court may order the taking and allow the use of
18a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney,
19shall comply with s. 971.105. At the conclusion of the hearing, the court or jury shall
20make a determination of the facts, except that in a case alleging a child
or an unborn
21child to be in need of protection or services under s. 48.13
or 48.133, the court shall
22make the determination under s. 48.13 (intro.)
or 48.133 (intro.) relating to whether
23the child
or unborn child is in need of protection or services which can be ordered by
24the court. If the court finds that the child
or unborn child is not within the
25jurisdiction of the court or, in a case alleging a child
or an unborn child to be in need
1of protection or services under s. 48.13
or 48.133, that the child
or unborn child is not
2in need of protection or services which can be ordered by the court or if the court or
3jury finds that the facts alleged in the petition have not been proved, the court shall
4dismiss the petition with prejudice.
AB463-ASA1,64,256
48.31
(4) The court or jury shall make findings of fact and the court shall make
7conclusions of law relating to the allegations of a petition filed under s. 48.13
, 48.133 8or 48.42, except that the court shall make findings of fact relating to whether the
9child
or unborn child is in need of protection or services which can be ordered by the
10court. In cases alleging a child to be in need of protection or services under s. 48.13
11(11), the court
shall may not find that the child is suffering emotional damage unless
12a licensed physician specializing in psychiatry or a licensed psychologist appointed
13by the court to examine the child has testified at the hearing that in his or her opinion
14the condition exists, and adequate opportunity for the cross-examination of the
15physician or psychologist has been afforded. The judge may use the written reports
16if the right to have testimony presented is voluntarily, knowingly and intelligently
17waived by the guardian ad litem or legal counsel for the child and the parent or
18guardian. In cases alleging a child to be in need of protection or services under s.
1948.13 (11m)
or an unborn child to be in need of protection or services under s. 48.133,
20the court
shall may not find that the child
or the expectant mother of the unborn child 21is in need of treatment and education for needs and problems related to the use or
22abuse of alcohol beverages, controlled substances or controlled substance analogs
23and its medical, personal, family or social effects unless an assessment for alcohol
24and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has
25been conducted by an approved treatment facility.
AB463-ASA1,65,183
48.31
(7) At the close of the fact-finding hearing, the court shall set a date for
4the dispositional hearing which allows a reasonable time for the parties to prepare
5but is no more than 10 days
from after the fact-finding hearing for a child in secure
6custody and no more than 30 days
from after the fact-finding hearing for a child
or
7expectant mother who is not held in secure custody. If it appears to the court that
8disposition of the case may include placement of the child outside the child's home,
9the court shall order the child's parent to provide a statement of income, assets, debts
10and living expenses to the court or the designated agency under s. 48.33 (1) at least
115 days before the scheduled date of the dispositional hearing or as otherwise ordered
12by the court. The clerk of court shall provide, without charge, to any parent ordered
13to provide a statement of income, assets, debts and living expenses a document
14setting forth the percentage standard established by the department of workforce
15development under s. 49.22 (9) and the manner of its application established by the
16department of health and family services under s. 46.247 and listing the factors that
17a court may consider under s. 46.10 (14) (c). If all parties consent, the court may
18immediately proceed with a dispositional hearing.
AB463-ASA1,65,2420
48.315
(1) (a) Any period of delay resulting from other legal actions concerning
21the child
or the unborn child and the unborn child's expectant mother, including an
22examination under s. 48.295 or a hearing related to the
child's mental condition
of
23the child, the child's parent, guardian or legal custodian or the expectant mother,
24prehearing motions, waiver motions and hearings on other matters.
AB463-ASA1,66,3
148.315
(1) (b) Any period of delay resulting from a continuance granted at the
2request of or with the consent of the child and
his or her counsel
or of the unborn child
3by the unborn child's guardian ad litem.
AB463-ASA1,66,65
48.315
(1) (f) Any period of delay resulting from the absence or unavailability
6of the child
or expectant mother.
AB463-ASA1,66,228
48.32
(1) At any time after the filing of a petition for a proceeding relating to
9s. 48.13
or 48.133 and before the entry of judgment, the judge or juvenile court
10commissioner may suspend the proceedings and place the child
or expectant mother 11under supervision in the
child's own home or present placement
of the child or
12expectant mother. The court may establish terms and conditions applicable to the
13child and the child's parent, guardian or legal custodian,
and to the child to the child
14expectant mother and her parent, guardian or legal custodian or to the adult
15expectant mother. The order under this section shall be known as a consent decree
16and must be agreed to by the child if 12 years of age or older
;, the parent, guardian
17or legal custodian
;, and the person filing the petition under s. 48.25
; by the child
18expectant mother, her parent, guardian or legal custodian, the unborn child by the
19unborn child's guardian ad litem and the person filing the petition under s. 48.25; or
20by the adult expectant mother, the unborn child by the unborn child's guardian ad
21litem and the person filing the petition under s. 48.25. The consent decree shall be
22reduced to writing and given to the parties.
AB463-ASA1,67,3
148.32
(2) (a) A consent decree shall remain in effect up to 6 months unless the
2child, parent, guardian
or, legal custodian
or expectant mother is discharged sooner
3by the judge or juvenile court commissioner.
AB463-ASA1,67,165
48.32
(2) (c) Upon the motion of the court or the application of the child, parent,
6guardian, legal custodian,
expectant mother, unborn child by the unborn child's
7guardian ad litem, intake worker or any agency supervising the child
or expectant
8mother under the consent decree, the court may, after giving notice to the parties to
9the consent decree and their counsel
or guardian ad litem, if any, extend the decree
10for up to an additional 6 months in the absence of objection to extension by the parties
11to the initial consent decree. If the
child, parent, guardian
or, legal custodian
,
12expectant mother or unborn child by the unborn child's guardian ad litem objects to
13the extension, the judge shall schedule a hearing and make a determination on the
14issue of extension.
An extension under this paragraph of a consent decree relating
15to an unborn child who is alleged to be in need of protection or services may be
16granted after the child is born.
AB463-ASA1,67,2418
48.32
(3) If, prior to discharge by the court, or the expiration of the consent
19decree, the court finds that the child
or, parent,
legal guardian
or, legal custodian
or
20expectant mother has failed to fulfill the express terms and conditions of the consent
21decree or that the child
or expectant mother objects to the continuation of the consent
22decree, the hearing under which the child
or expectant mother was placed on
23supervision may be continued to conclusion as if the consent decree had never been
24entered.
AB463-ASA1,68,5
148.32
(5) (intro.) A court which, under this section, elicits or examines
2information or material about a child
or an expectant mother which would be
3inadmissible in a hearing on the allegations of the petition
shall may not, over
4objections of one of the parties, participate in any subsequent proceedings if
any of
5the following applies:
AB463-ASA1,68,107
48.32
(5) (a) The court refuses to enter into a consent decree and the allegations
8in the petition remain to be decided in a hearing
where at which one of the parties
9denies the allegations forming the basis for a child
or unborn child in need of
10protection or services petition
; or.
AB463-ASA1,68,1312
48.32
(5) (b) A consent decree is granted but the petition under s. 48.13
or
1348.133 is subsequently reinstated.
AB463-ASA1,68,2015
48.32
(6) The judge or juvenile court commissioner shall inform the child and
16the child's parent, guardian or legal custodian
, or the adult expectant mother, in
17writing, of the
child's right
of the child or expectant mother to object to the
18continuation of the consent decree under sub. (3) and the fact that the hearing under
19which the child
or expectant mother was placed on supervision may be continued to
20conclusion as if the consent decree had never been entered.
AB463-ASA1,68,2522
48.33
(1) Report required. (intro.) Before the disposition of a child
or unborn
23child adjudged to be in need of protection or services the court shall designate an
24agency, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the
25following: