Amendment ASA1-AB463

AB463-ASA1, s. 194 Section 194. 48.355 (2) (d) of the statutes is amended to read:

AB463-ASA1,79,2 48.355 (2) (d) The court shall provide a copy of the a dispositional order relating to a child in need of protection or services to the child's parent, guardian or trustee. The court shall provide a copy of a dispositional order relating to an unborn child in need of protection or services to the expectant mother, to the unborn child through the unborn child's guardian ad litem and, if the expectant mother is a child, to her parent, guardian or trustee.

AB463-ASA1, s. 195 Section 195. 48.355 (2m) of the statutes is amended to read:

AB463-ASA1,79,9 48.355 (2m) Transitional placements. The court order may include the name of transitional placements, but may not designate a specific time when transitions are to take place. The procedures of ss. 48.357 and 48.363 shall govern when such transitions take place. However, the court may place specific time limitations on interim arrangements made for the care of the child or for the treatment of the expectant mother pending the availability of the dispositional placement.

AB463-ASA1, s. 196 Section 196. 48.355 (4) of the statutes is amended to read:

AB463-ASA1,79,17 48.355 (4) Termination of orders. Except as provided under s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. Any order made before the child reaches the age of majority or before the unborn child is born shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

AB463-ASA1, s. 197 Section 197. 48.355 (5) of the statutes is amended to read:

AB463-ASA1,79,21 48.355 (5) Effect of court order. Any party, person or agency who provides services for the child or the expectant mother under this section shall be bound by the court order.

AB463-ASA1, s. 198 Section 198. 48.355 (7) of the statutes is amended to read:

AB463-ASA1,80,2 48.355 (7) (title) Orders applicable to parents, guardians, legal custodians, expectant mothers and other adults. In addition to any dispositional order entered under s. 48.345 or 48.347, the court may enter an order applicable to a child's the parent, guardian or legal custodian of a child, to a family member of an adult expectant mother or to another adult, as provided under s. 48.45.

AB463-ASA1, s. 199 Section 199. 48.356 (1) of the statutes is amended to read:

AB463-ASA1,80,12 48.356 (1) Whenever the court orders a child to be placed outside his or her home, orders an expectant mother of an unborn child to be placed outside of her home or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under s. 48.345, 48.347 48.357, 48.363 or 48.365, the court shall orally inform the parent or parents who appear in court or the expectant mother who appears in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the child or expectant mother to be returned to the home or for the parent to be granted visitation.

AB463-ASA1, s. 200 Section 200. 48.356 (2) of the statutes is amended to read:

AB463-ASA1,80,17 48.356 (2) In addition to the notice required under sub. (1), any written order which places a child or an expectant mother outside the home or denies visitation under sub. (1) shall notify the parent or parents or expectant mother of the information specified under sub. (1).

AB463-ASA1, s. 201 Section 201. 48.357 (1) of the statutes is amended to read:

AB463-ASA1,82,2 48.357 (1) The person or agency primarily responsible for implementing the dispositional order, the district attorney or the corporation counsel may request a change in the placement of the child or expectant mother, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the child or the child's counsel or guardian ad litem, the parent, guardian and legal custodian of the child, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), guardian and legal custodian of the child, and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem. If the expectant mother is an adult, written notice shall be sent to the adult expectant mother and the unborn child by the unborn child's guardian ad litem. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the a specific foster or treatment foster placement under s. 48.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days of after receipt of the notice. Placements shall may not be changed until 10 days after such that notice is sent to the court unless the parent, guardian or legal custodian and the child, if 12 or more years of age or over, or the child expectant mother, if 12 years of age or over, her parent, guardian or legal custodian and the unborn child by the unborn child's guardian ad litem, or the adult expectant mother and the unborn child by the unborn child's guardian ad litem, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where when an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order. If a hearing is held under this subsection and the change in placement would remove a child from a foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) to make a written or oral statement during the hearing or to submit a written statement prior to the hearing, relating to the child and the requested change in placement.

AB463-ASA1, s. 202 Section 202. 48.357 (2) of the statutes is amended to read:

AB463-ASA1,82,13 48.357 (2) If emergency conditions necessitate an immediate change in the placement of a child or expectant mother placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child or expectant mother to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1). In emergency situations, the a child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 48.345 (3).

AB463-ASA1, s. 203 Section 203. 48.357 (2m) of the statutes is amended to read:

AB463-ASA1,83,18 48.357 (2m) The child, the parent, guardian or legal custodian of the child, the expectant mother, the unborn child by the unborn child's guardian ad litem or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which affects the advisability of the current placement. This request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion. The court shall hold a hearing on the matter prior to ordering any change in placement under this subsection if the request states that new information is available which affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) and the court approves. If a hearing is scheduled, the court shall notify the child, the parent, guardian and legal custodian of the child, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child and, all parties who are bound by the dispositional order and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify the adult expectant mother, the unborn child by the unborn child's guardian ad litem and all parties who are bound by the dispositional order, at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all the parties consent, the court may proceed immediately with the hearing. If a hearing is held under this subsection and the change in placement would remove a child from a foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) to make a written or oral statement during the hearing or to submit a written statement prior to the hearing, relating to the child and the requested change in placement.

AB463-ASA1, s. 204 Section 204. 48.36 (2) of the statutes is amended to read:

AB463-ASA1,84,2 48.36 (2) If an expectant mother or a child whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost thereof of those services or treatment, if ordered by the court, shall be a charge upon the county. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the child or from an adult expectant mother as the court may order based on the ability of the parent or , guardian or adult expectant mother to pay. This subsection shall be is subject to s. 46.03 (18).

AB463-ASA1, s. 205 Section 205. 48.361 (1) (b) of the statutes is amended to read:

AB463-ASA1,84,5 48.361 (1) (b) Any special treatment or care that relates to alcohol or other drug abuse services ordered by a court under s. 48.345 (6) (a) or 48.347 (4) (a).

AB463-ASA1, s. 206 Section 206. 48.361 (1) (c) of the statutes is amended to read:

AB463-ASA1,84,8 48.361 (1) (c) Any alcohol or other drug abuse treatment or education ordered by a court under s. 48.345 (6) (a) or, (13) or (14) or 48.347 (4) (a), (5) or (6) (a).

AB463-ASA1, s. 207 Section 207. 48.361 (2) (a) 1m. of the statutes is created to read:

AB463-ASA1,84,20 48.361 (2) (a) 1m. If an adult expectant mother neglects, refuses or is unable to obtain court-ordered alcohol and other drug abuse services for herself through her health insurance or other 3rd-party payments, the judge may order the adult expectant mother to pay for the court-ordered alcohol and drug abuse services. If the adult expectant mother consents to obtain court-ordered alcohol and other drug abuse services for herself through her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered alcohol and other drug abuse services, the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other drug abuse services in accordance with the terms of the adult expectant mother's health insurance policy or other 3rd-party payment plan.

AB463-ASA1, s. 208 Section 208. 48.361 (2) (am) 1. of the statutes is amended to read:

AB463-ASA1,84,24 48.361 (2) (am) 1. If a court in a county that has a pilot an alcohol or other drug abuse program under s. 48.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with par. (b).

AB463-ASA1, s. 209 Section 209. 48.361 (2) (am) 2. of the statutes is amended to read:

AB463-ASA1,85,4 48.361 (2) (am) 2. If a court in a county that does not have a pilot an alcohol and other drug abuse program under s. 48.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with s. 48.345 (6) (a), 48.347 (4) (a) or 48.36.

AB463-ASA1, s. 210 Section 210. 48.361 (2) (b) 1. of the statutes is amended to read:

AB463-ASA1,85,11 48.361 (2) (b) 1. In counties that have a pilot an alcohol and other drug abuse program under s. 48.547, in addition to using the alternative provided for under par. (a), the court may order a county department of human services established under s. 46.23 or a county department established under s. 51.42 or 51.437 in the child's county of legal residence to pay for the court-ordered alcohol and other drug abuse services whether or not custody has been taken from the parent.

AB463-ASA1, s. 211 Section 211. 48.361 (2) (b) 1m. of the statutes is created to read:

AB463-ASA1,85,18 48.361 (2) (b) 1m. In counties that have an alcohol and other drug abuse program under s. 48.547, in addition to using the alternative provided for under par. (a), the court may order a county department of human services established under s. 46.23 or a county department established under s. 51.42 or 51.437 in the adult expectant mother's county of legal residence to pay for the court-ordered alcohol and other drug abuse services provided for the adult expectant mother.

AB463-ASA1, s. 212 Section 212. 48.361 (2) (c) of the statutes is amended to read:

AB463-ASA1,86,2 48.361 (2) (c) Payment for alcohol and other drug abuse services by a county department under this section does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug abuse services from the parent or adult expectant mother which is based upon the ability of the parent or adult expectant mother to pay. This subsection is subject to s. 46.03 (18).

AB463-ASA1, s. 213 Section 213. 48.362 (2) of the statutes is amended to read:

AB463-ASA1,86,7 48.362 (2) This section applies to the payment of court-ordered special treatment or care under s. 48.345 (6) (a), whether or not custody has been taken from the parent, and to the payment of court-ordered special treatment or care under s. 48.347 (4) (a).

AB463-ASA1, s. 214 Section 214. 48.362 (3m) of the statutes is created to read:

AB463-ASA1,86,19 48.362 (3m) If an adult expectant mother neglects, refuses or is unable to obtain court-ordered special treatment or care for herself through her health insurance or other 3rd-party payments, the judge may order the adult expectant mother to pay for the court-ordered special treatment or care. If the adult expectant mother consents to obtain court-ordered special treatment or care for herself through her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered special treatment or care, the judge may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the adult expectant mother's health insurance policy or other 3rd-party payment plan.

AB463-ASA1, s. 215 Section 215. 48.362 (4) (a) of the statutes is amended to read:

AB463-ASA1,86,25 48.362 (4) (a) If the judge finds that payment is not attainable under sub. (3) or (3m), the judge may order the county department under s. 51.42 or 51.437 of the child's county of legal residence of the child or expectant mother to pay the cost of any court-ordered special treatment or care that is provided by or under contract with that county department.

AB463-ASA1, s. 216 Section 216. 48.362 (4) (c) of the statutes is amended to read:

AB463-ASA1,87,6 48.362 (4) (c) A county department that pays for court-ordered special treatment or care under par. (a) may recover from the parent or adult expectant mother, based on the parent's ability of the parent or adult expectant mother to pay, a reasonable contribution toward the costs of the court-ordered special treatment or care. This paragraph is subject to s. 46.03 (18).

AB463-ASA1, s. 217 Section 217. 48.363 (1) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB463-ASA1,88,18 48.363 (1) A child, the child's parent, guardian or legal custodian, an expectant mother, an unborn child by the unborn child's guardian ad litem, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the child, the child's parent, guardian and legal custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered, and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem or shall notify the adult expectant mother, the unborn child through the unborn child's guardian ad litem, all parties bound by the dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered, at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.

AB463-ASA1, s. 218 Section 218. 48.365 (1m) of the statutes is amended to read:

AB463-ASA1,89,2 48.365 (1m) The parent, child, guardian, legal custodian, expectant mother, unborn child by the unborn child's guardian ad litem, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered or the court on its own motion, may request an extension of an order under s. 48.355 including an order under s. 48.355 that was entered before the child was born. The request shall be submitted to the court which entered the order. No order under s. 48.355 may be extended except as provided in this section.

AB463-ASA1, s. 219 Section 219. 48.365 (2) of the statutes is amended to read:

AB463-ASA1,89,14 48.365 (2) No order may be extended without a hearing. The court shall notify the child or the child's guardian ad litem or counsel, the child's parent, guardian, and legal custodian, all the parties present at the original hearing, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered and, if the child is an expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify the adult expectant mother, the unborn child through the unborn child's guardian ad litem, all the parties present at the original hearing and the district attorney or corporation counsel in the county in which the dispositional order was entered, of the time and place of the hearing.

AB463-ASA1, s. 220 Section 220. 48.365 (2g) (a) of the statutes is amended to read:

AB463-ASA1,89,22 48.365 (2g) (a) At the hearing the person or agency primarily responsible for providing services to the child or expectant mother shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the child's rehabilitation or care and treatment. The juvenile offender review program may file a written report regarding any child examined by the program of the child or for the rehabilitation and treatment of the expectant mother and the care of the unborn child.

AB463-ASA1, s. 221 Section 221. 48.365 (2m) (a) of the statutes is amended to read:

AB463-ASA1,90,4 48.365 (2m) (a) Any party may present evidence relevant to the issue of extension. The judge shall make findings of fact and conclusions of law based on the evidence, including a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the child or expectant mother to make it possible for the child to return to his or her home or for the expectant mother to return to her home. An order shall be issued under s. 48.355.

AB463-ASA1, s. 222 Section 222. 48.365 (2m) (b) of the statutes is amended to read:

AB463-ASA1,90,9 48.365 (2m) (b) If a child has been placed outside the home under s. 48.345, or if an adult expectant mother has been placed outside the home under s. 48.347, and an extension is ordered under this subsection, the judge shall state in the record the reason for the extension.

AB463-ASA1, s. 223 Section 223. 48.396 (1) of the statutes is amended to read:

AB463-ASA1,90,22 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b) or (1d) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or expectant mother involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction.

AB463-ASA1, s. 224 Section 224. 48.396 (1b) of the statutes is amended to read:

AB463-ASA1,91,7 48.396 (1b) If requested by the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report, or if requested by the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian or child a copy of that report. If requested by an expectant mother of an unborn child who is the subject of a law enforcement officer's report, if 14 years of age or over, or if requested by an unborn child through the unborn child's guardian ad litem, a law enforcement agency may, subject to official agency policy, provide to the expectant mother or unborn child by the unborn child's guardian ad litem a copy of that report.

AB463-ASA1, s. 225 Section 225. 48.396 (1d) of the statutes is amended to read:

AB463-ASA1,91,21 48.396 (1d) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report or upon the written permission of the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian or child in the written permission. Upon the written permission of an expectant mother of an unborn child who is the subject of a law enforcement officer's report, if 14 years of age or over, or of her parent, guardian or legal custodian, if under 14 years of age, and of the unborn child by the unborn child's guardian ad litem, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the expectant mother, or parent, guardian or legal custodian, and unborn child by the unborn child's guardian ad litem in the written permission.

AB463-ASA1, s. 226 Section 226. 48.396 (2) (aj) of the statutes is created to read:

AB463-ASA1,92,5 48.396 (2) (aj) Upon request of an expectant mother of an unborn child who is the subject of a record of a court specified in par. (a), if 14 years of age or over, or upon request of an unborn child by the unborn child's guardian ad litem, the court shall open for inspection by the expectant mother or by the unborn child by the unborn child's guardian ad litem the records of the court relating to that expectant mother, unless the court finds, after due notice and hearing, that inspection of those records by the expectant mother or by the unborn child by the unborn child's guardian ad litem would result in imminent danger to anyone.

AB463-ASA1, s. 227 Section 227. 48.396 (2) (ap) of the statutes is created to read:

AB463-ASA1,92,15 48.396 (2) (ap) Upon the written permission of an expectant mother of an unborn child who is the subject of a record of a court specified in par. (a) if 14 years of age or over, or of her parent, guardian or legal custodian, if under 14 years of age, and of the unborn child by the unborn child's guardian ad litem, the court shall open for inspection by the person named in the permission any records specifically identified by the expectant mother, or parent, guardian or legal custodian, and unborn child by the unborn child's guardian ad litem in the written permission, unless the court finds, after due notice and hearing, that inspection of those records by the person named in the permission would result in imminent danger to anyone.

AB463-ASA1, s. 228 Section 228. 48.396 (5) (b) of the statutes is amended to read:

AB463-ASA1,92,23 48.396 (5) (b) The court shall notify the child, the child's counsel, the child's parents and, appropriate law enforcement agencies and, if the child is an expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify the adult expectant mother, the unborn child by the unborn child's guardian ad litem and appropriate law enforcement agencies, in writing of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence relating to the petitioner's need for the disclosure.

AB463-ASA1, s. 229 Section 229. 48.396 (5) (c) of the statutes is amended to read:

AB463-ASA1,93,8 48.396 (5) (c) The court shall make an inspection, which may be in camera, of the child's records of the child or expectant mother. If the court determines that the information sought is for good cause and that it cannot be obtained with reasonable effort from other sources, it the court shall then determine whether the petitioner's need for the information outweighs society's interest in protecting its confidentiality. In making this that determination, the court shall balance the petitioner's interest of the petitioner in obtaining access to the record against the child's interest of the child or expectant mother in avoiding the stigma that might result from disclosure.

AB463-ASA1, s. 230 Section 230. 48.396 (5) (e) of the statutes is amended to read:

AB463-ASA1,93,12 48.396 (5) (e) The court shall record the reasons for its decision to disclose or not to disclose the child's records of the child or expectant mother. All records related to a decision under this subsection are confidential.

AB463-ASA1, s. 231 Section 231. 48.415 (2) (a) of the statutes is amended to read:

AB463-ASA1,93,18 48.415 (2) (a) That the child has been adjudged to be a child or an unborn child in need of protection or services and placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s. 48.345, 48.347, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363 or 938.365 containing the notice required by s. 48.356 (2) or 938.356 (2).

AB463-ASA1, s. 232 Section 232. 48.415 (2) (b) 1. of the statutes is amended to read:

AB463-ASA1,93,24 48.415 (2) (b) 1. In this paragraph, "diligent effort" means an earnest and conscientious effort to take good faith steps to provide the services ordered by the court which takes into consideration the characteristics of the parent or child or of the expectant mother or child, the level of cooperation of the parent or expectant mother and other relevant circumstances of the case.

AB463-ASA1, s. 233 Section 233. 48.415 (2) (b) 2. of the statutes is amended to read:

AB463-ASA1,94,3 48.415 (2) (b) 2. That the agency responsible for the care of the child and the family or of the unborn child and expectant mother has made a diligent effort to provide the services ordered by the court.

AB463-ASA1, s. 234 Section 234. 48.415 (2) (c) of the statutes is amended to read:

AB463-ASA1,94,11 48.415 (2) (c) That the child has been outside the home for a cumulative total period of 6 months or longer pursuant to such orders including time spent outside the home as an unborn child; and that the parent has failed to demonstrate substantial progress toward meeting the conditions established for the return of the child to the home and there is a substantial likelihood that the parent will not meet these conditions within the 12-month period following the fact-finding hearing under s. 48.424.

AB463-ASA1, s. 235 Section 235. 48.44 (1) of the statutes is amended to read:

AB463-ASA1,94,14 48.44 (1) The court has jurisdiction over persons 17 or older as provided under ss. 48.133, 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.

AB463-ASA1, s. 236 Section 236. 48.45 (1) (am) of the statutes is created to read:

AB463-ASA1,94,21 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child's expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 years of age or over has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such person in his or her relationship to the unborn child and expectant mother.

AB463-ASA1, s. 237 Section 237. 48.45 (1) (b) of the statutes is amended to read:

AB463-ASA1,95,5 48.45 (1) (b) An act or failure to act contributes to a condition of a child as described in s. 48.13 or an unborn child and the unborn child's expectant mother as described in s. 48.133, although the child is not actually adjudicated to come within the provisions of s. 48.13 or the unborn child and expectant mother are not actually adjudicated to come within the provisions of s. 48.133, if the natural and probable consequences of that act or failure to act would be to cause the child to come within the provisions of s. 48.13 or the unborn child and expectant mother to come within the provisions of s. 48.133.

AB463-ASA1, s. 238 Section 238. 48.45 (1r) of the statutes is created to read: