AB463-ASA1, s. 282 3Section 282. 48.981 (3) (d) 1. of the statutes is amended to read:
AB463-ASA1,111,94 48.981 (3) (d) 1. In this paragraph, "agent" includes, but is not limited to, a
5foster parent, treatment foster parent or other person given custody of a child or a
6human services professional employed by a county department under s. 51.42 or
751.437 who is working with the a child or expectant mother of an unborn child under
8contract with or under the supervision of the county department under s. 46.215 or
946.22.
AB463-ASA1, s. 283 10Section 283. 48.981 (3) (d) 2. of the statutes is amended to read:
AB463-ASA1,112,411 48.981 (3) (d) 2. If an agent or employe of a county department or licensed child
12welfare agency under contract with the county department required to investigate
13under this subsection is the subject of a report, or if the county department or
14licensed child welfare agency under contract with the county department determines
15that, because of the relationship between the county department or licensed child
16welfare agency under contract with the county department and the subject of a
17report, there is a substantial probability that the county department or licensed child
18welfare agency under contract with the county department would not conduct an
19unbiased investigation, the county department or licensed child welfare agency
20under contract with the county department shall, after taking any action necessary
21to protect the child or unborn child, notify the department. Upon receipt of the notice,
22the department or a county department or child welfare agency designated by the
23department shall conduct an independent investigation. If the department
24designates a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, that
25county department shall conduct the independent investigation. If a licensed child

1welfare agency agrees to conduct the independent investigation, the department
2may designate that agency to do so. The powers and duties of the department or
3designated county department or child welfare agency making an independent
4investigation are those given to county departments under par. (c).
AB463-ASA1, s. 284 5Section 284. 48.981 (4) of the statutes is amended to read:
AB463-ASA1,112,136 48.981 (4) Immunity from liability. Any person or institution participating in
7good faith in the making of a report, conducting an investigation, ordering or taking
8of photographs or ordering or performing medical examinations of a child or of an
9expectant mother
under this section shall have immunity from any liability, civil or
10criminal, that results by reason of the action. For the purpose of any proceeding, civil
11or criminal, the good faith of any person reporting under this section shall be
12presumed. The immunity provided under this subsection does not apply to liability
13for abusing or neglecting a child or for abusing an unborn child.
AB463-ASA1, s. 285 14Section 285. 48.981 (7) (a) 1m. of the statutes is amended to read:
AB463-ASA1,112,2215 48.981 (7) (a) 1m. A reporter described in sub. (3) (c) 6m. who makes a written
16request to the county department or licensed child welfare agency under contract
17with the county department for information regarding what action, if any, was taken
18to protect the health and welfare of the child or unborn child who is the subject of the
19report, unless a court order under sub. (3) (c) 6m. prohibits disclosure of that
20information to that reporter, except that the only information that may be disclosed
21is information in the record regarding what action, if any, was taken to protect the
22health and welfare of the child or unborn child who is the subject of the report.
AB463-ASA1, s. 286 23Section 286. 48.981 (7) (a) 3m. of the statutes is amended to read:
AB463-ASA1,113,3
148.981 (7) (a) 3m. A child's parent, guardian or legal custodian or the expectant
2mother of an unborn child
, except that the person or agency maintaining the record
3or report may not disclose any information that would identify the reporter.
AB463-ASA1, s. 287 4Section 287. 48.981 (7) (a) 4. of the statutes is amended to read:
AB463-ASA1,113,95 48.981 (7) (a) 4. A child's foster parent, treatment foster parent or other person
6having physical custody of the child or a person having physical custody of the
7expectant mother of an unborn child
, except that the person or agency maintaining
8the record or report may not disclose any information that would identify the
9reporter.
AB463-ASA1, s. 288 10Section 288. 48.981 (7) (a) 5. of the statutes is amended to read:
AB463-ASA1,113,1411 48.981 (7) (a) 5. A professional employe of a county department under s. 51.42
12or 51.437 who is working with the child or the expectant mother of the unborn child
13under contract with or under the supervision of the county department under s.
1446.215 or 46.22.
AB463-ASA1, s. 289 15Section 289. 48.981 (7) (a) 6. of the statutes is amended to read:
AB463-ASA1,113,1716 48.981 (7) (a) 6. A multidisciplinary child abuse and neglect or unborn child
17abuse
team recognized by the county department.
AB463-ASA1, s. 290 18Section 290. 48.981 (7) (a) 10. of the statutes is amended to read:
AB463-ASA1,113,2319 48.981 (7) (a) 10. A court conducting proceedings under s. 48.21 or 48.213, a
20court conducting proceedings related to a petition under s. 48.13, 48.133 or 48.42 or
21a court conducting dispositional proceedings under subch. VI or VIII in which abuse
22or neglect of the child who is the subject of the report or record or abuse of the unborn
23child who is the subject of the report or record
is an issue.
AB463-ASA1, s. 291 24Section 291. 48.981 (7) (a) 10m. of the statutes is amended to read:
AB463-ASA1,114,6
148.981 (7) (a) 10m. A tribal court, or other adjudicative body authorized by a
2tribe or band to perform child welfare functions, that exercises jurisdiction over
3children and unborn children alleged to be in need of protection or services for use
4in proceedings in which abuse or neglect of the child who is the subject of the report
5or record or abuse of the unborn child who is the subject of the report or record is an
6issue.
AB463-ASA1, s. 292 7Section 292. 48.981 (7) (a) 11. of the statutes is amended to read:
AB463-ASA1,114,128 48.981 (7) (a) 11. The county corporation counsel or district attorney
9representing the interests of the public and in proceedings under subd. 10., 10g. or
1010j.,
the counsel or guardian ad litem representing the interests of a child in
11proceedings under subd. 10., 10g. or 10j. and the guardian ad litem representing the
12interests of an unborn child in proceedings under subd. 10
.
AB463-ASA1, s. 293 13Section 293. 48.981 (7) (a) 11m. of the statutes is amended to read:
AB463-ASA1,114,1714 48.981 (7) (a) 11m. An attorney representing the interests of an Indian tribe
15or band or in proceedings under subd. 10m. or 10r., of an Indian child in proceedings
16under subd. 10m. or 10r. or of an Indian unborn child in proceedings under subd.
1710m
.
AB463-ASA1, s. 294 18Section 294. 48.981 (7) (a) 11r. of the statutes is amended to read:
AB463-ASA1,114,2419 48.981 (7) (a) 11r. A volunteer appointed or person employed by a
20court-appointed special advocate program recognized by the county board or the
21county department, to the extent necessary to perform the advocacy services in
22proceedings related to a petition under s. 48.13 or 48.133 for which the
23court-appointed special advocate program is recognized by the county board or
24county department.
AB463-ASA1, s. 295 25Section 295. 48.981 (7) (a) 17. of the statutes is amended to read:
AB463-ASA1,115,4
148.981 (7) (a) 17. A federal agency, state agency of this state or any other state
2or local governmental unit located in this state or any other state that has a need for
3a report or record in order to carry out its responsibility to protect children from
4abuse or neglect or to protect unborn children from abuse.
AB463-ASA1, s. 296 5Section 296. 48.981 (8) (a) of the statutes is amended to read:
AB463-ASA1,115,156 48.981 (8) (a) The department and county departments to the extent feasible
7shall conduct continuing education and training programs for staff of the
8department, county departments and tribal social services departments, persons
9and officials required to report, the general public and others as appropriate. The
10programs shall be designed to encourage reporting of child abuse and neglect and of
11unborn child abuse
, to encourage self-reporting and voluntary acceptance of services
12and to improve communication, cooperation and coordination in the identification,
13prevention and treatment of child abuse and neglect and of unborn child abuse. The
14department and county departments shall develop public information programs
15about child abuse and neglect and about unborn child abuse.
AB463-ASA1, s. 297 16Section 297. 48.981 (8) (b) of the statutes is amended to read:
AB463-ASA1,115,2317 48.981 (8) (b) The department shall to the extent feasible ensure that there are
18available in the state administrative procedures, personnel trained in child abuse
19and neglect and in unborn child abuse, multidisciplinary programs and operational
20procedures and capabilities to deal effectively with child abuse and neglect cases and
21with unborn child abuse cases
. These procedures and capabilities may include, but
22are not limited to, receipt, investigation and verification of reports; determination of
23treatment or ameliorative social services; or referral to the appropriate court.
AB463-ASA1, s. 298 24Section 298. 48.981 (8) (c) of the statutes is amended to read:
AB463-ASA1,116,5
148.981 (8) (c) In meeting its responsibilities under par. (a) or (b), the
2department or a county department may contract with any public or private
3organization which meets the standards set by the department. In entering into the
4contracts the department or county department shall give priority to parental
5organizations combating child abuse and neglect or unborn child abuse.
AB463-ASA1, s. 299 6Section 299. 48.981 (8) (d) 1. of the statutes is amended to read:
AB463-ASA1,116,137 48.981 (8) (d) 1. Each county department or licensed child welfare agency
8under contract with a county department staff member and supervisor whose
9responsibilities include investigation or treatment of child abuse and neglect or of
10unborn child abuse
shall successfully complete training in child abuse and neglect
11protective services and in unborn child abuse protective services approved by the
12department. The department shall monitor compliance with this subdivision
13according to rules promulgated by the department.
AB463-ASA1, s. 300 14Section 300. 48.981 (9) of the statutes is amended to read:
AB463-ASA1,116,2315 48.981 (9) Annual reports. Annually, the department shall prepare and
16transmit to the governor, and to the legislature under s. 13.172 (2), a report on the
17status of child abuse and neglect programs and on the status of unborn child abuse
18programs
. The report shall include a full statistical analysis of the child abuse and
19neglect reports, and the unborn child abuse reports, made through the last calendar
20year, an evaluation of services offered under this section and their effectiveness, and
21recommendations for additional legislative and other action to fulfill the purpose of
22this section. The department shall provide statistical breakdowns by county, if
23requested by a county.
AB463-ASA1, s. 301 24Section 301. 48.985 (1) of the statutes is amended to read:
AB463-ASA1,117,8
148.985 (1) Federal program operations. From the appropriation under s.
220.435 (3) (n), the department shall expend not more than $543,700 in fiscal year
31995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys received
4under 42 USC 620 to 626 for the department's expenses in connection with
5administering the expenditure of funds received under 42 USC 620 to 626, for child
6welfare projects and services provided or purchased by the department, for child
7abuse and neglect and unborn child abuse independent investigations and for
8providing child-at-risk and unborn child-at-risk field training to counties.
AB463-ASA1, s. 302 9Section 302. 48.985 (2) (a) of the statutes is renumbered 48.985 (2) and
10amended to read:
AB463-ASA1,117,1611 48.985 (2) From the appropriation under s. 20.435 (7) (o), the department shall
12distribute not more than $3,919,800 in each fiscal year of the moneys received under
1342 USC 620 to 626 to county departments under ss. 46.215, 46.22 and 46.23 for the
14provision or purchase of child welfare projects and services, for services to children
15and families, for services to the expectant mothers of unborn children and for
16family-based child welfare services.
AB463-ASA1, s. 303 17Section 303. 51.13 (4) (h) 4. of the statutes is amended to read:
AB463-ASA1,117,2318 51.13 (4) (h) 4. If there is a reason to believe the minor is in need of protection
19or services under s. 48.13 or 938.13 or the minor is an expectant mother of an unborn
20child in need of protection or services under s. 48.133
, dismiss the petition and
21authorize the filing of a petition under s. 48.25 (3) or 938.25 (3). The court may
22release the minor or may order that the minor be taken and held in custody under
23s. 48.19 (1) (c) or (cm) or 938.19 (1) (c).
AB463-ASA1, s. 304 24Section 304. 51.30 (4) (b) 9. of the statutes is amended to read:
AB463-ASA1,118,9
151.30 (4) (b) 9. To a facility which is to receive an individual who is involuntarily
2committed under this chapter, ch. 48, 971 or 975 upon transfer of the individual from
3one treatment facility to another. Release of records under this subdivision shall be
4limited to such treatment records as are required by law, a record or summary of all
5somatic treatments, and a discharge summary. The discharge summary may include
6a statement of the patient's problem, the treatment goals, the type of treatment
7which has been provided, and recommendation for future treatment, but it may not
8include the patient's complete treatment record. The department shall promulgate
9rules to implement this subdivision.
AB463-ASA1, s. 305 10Section 305. 51.30 (4) (b) 11. of the statutes is amended to read:
AB463-ASA1,118,1511 51.30 (4) (b) 11. To the subject individual's counsel or guardian ad litem,
12without modification, at any time in order to prepare for involuntary commitment
13or recommitment proceedings, reexaminations, appeals or other actions relating to
14detention, admission, commitment or patients' rights under this chapter or ch. 48,
15971 or 975.
AB463-ASA1, s. 306 16Section 306. 51.30 (4) (b) 11m. of the statutes is created to read:
AB463-ASA1,118,1917 51.30 (4) (b) 11m. To the guardian ad litem of the unborn child, as defined in
18s. 48.02 (19), of a subject individual, without modification, at any time to prepare for
19proceedings under s. 48.133.
AB463-ASA1, s. 307 20Section 307. 51.30 (4) (b) 14. of the statutes is amended to read:
AB463-ASA1,119,221 51.30 (4) (b) 14. To the counsel for the interests of the public in order to prepare
22for involuntary commitment or recommitment proceedings, reexaminations,
23appeals or other actions relating to detention, admission or commitment under this
24chapter or ch. 48, 971 or 975. Records released under this subdivision are limited to

1information concerning the admission, detention or commitment of an individual
2who is presently admitted, detained or committed.
AB463-ASA1, s. 308 3Section 308. 51.30 (4) (b) 17. of the statutes is amended to read:
AB463-ASA1,119,124 51.30 (4) (b) 17. To the county agency designated under s. 46.90 (2) or other
5investigating agency under s. 46.90 for the purposes of s. 46.90 (4) (a) and (5) , to the
6county department, as defined in s. 48.02 (2g), or the sheriff or police department for
7the purposes of s. 48.981 (2) and (3)
or to the county protective services agency
8designated under s. 55.02 for purposes of s. 55.043. The treatment record holder may
9release treatment record information by initiating contact with the county protective
10services agency or county department, as defined in s. 48.02 (2g), without first
11receiving a request for release of the treatment record from the county protective
12services agency or county department.
AB463-ASA1, s. 309 13Section 309. 51.61 (1) (intro.) of the statutes is amended to read:
AB463-ASA1,120,414 51.61 (1) (intro.)  In this section, "patient" means any individual who is
15receiving services for mental illness, developmental disabilities, alcoholism or drug
16dependency, including any individual who is admitted to a treatment facility in
17accordance with this chapter or ch. 48 or 55 or who is detained, committed or placed
18under this chapter or ch. 48, 55, 971, 975 or 980, or who is transferred to a treatment
19facility under s. 51.35 (3) or 51.37 or who is receiving care or treatment for those
20conditions through the department or a county department under s. 51.42 or 51.437
21or in a private treatment facility. "Patient" does not include persons committed
22under ch. 975 who are transferred to or residing in any state prison listed under s.
23302.01. In private hospitals and in public general hospitals, "patient" includes any
24individual who is admitted for the primary purpose of treatment of mental illness,
25developmental disability, alcoholism or drug abuse but does not include an

1individual who receives treatment in a hospital emergency room nor an individual
2who receives treatment on an outpatient basis at those hospitals, unless the
3individual is otherwise covered under this subsection. Except as provided in sub. (2),
4each patient shall:
AB463-ASA1, s. 310 5Section 310. 146.0255 (2) of the statutes is amended to read:
AB463-ASA1,121,36 146.0255 (2) Testing. Any hospital employe who provides health care, social
7worker or intake worker under ch. 48 may refer an infant or an expectant mother of
8an unborn child, as defined in s. 48.02 (19),
to a physician for testing of the infant's
9bodily fluids of the infant or expectant mother for controlled substances or controlled
10substance analogs if the hospital employe who provides health care, social worker or
11intake worker suspects that the infant or expectant mother has controlled
12substances or controlled substance analogs in the infant's bodily fluids of the infant
13or expectant mother
because of the mother's use of controlled substances or
14controlled substance analogs by the mother while she was pregnant with the infant
15or by the expectant mother while she is pregnant with the unborn child. The
16physician may test the infant or expectant mother to ascertain whether or not the
17infant or expectant mother has controlled substances or controlled substance
18analogs in the infant's bodily fluids of the infant or expectant mother, if the physician
19determines that there is a serious risk that there are controlled substances or
20controlled substance analogs in the infant's bodily fluids of the infant or expectant
21mother
because of the mother's use of controlled substances or controlled substance
22analogs by the mother while she was pregnant with the infant or by the expectant
23mother while she is pregnant with the unborn child
and that the health of the infant,
24the unborn child or the child when born
may be adversely affected by the controlled
25substances or controlled substance analogs. If the results of the test indicate that

1the infant or expectant mother does have controlled substances or controlled
2substance analogs in the infant's bodily fluids of the infant or expectant mother, the
3physician shall make a report under s. 46.238.
AB463-ASA1, s. 311 4Section 311. 146.0255 (3) (intro.) of the statutes is amended to read:
AB463-ASA1,121,75 146.0255 (3) Test results. (intro.) The physician who performs a test under
6sub. (2) shall provide the infant's parents or guardian or the expectant mother with
7all of the following information:
AB463-ASA1, s. 312 8Section 312. 146.82 (2) (a) 11. of the statutes is amended to read:
AB463-ASA1,121,189 146.82 (2) (a) 11. To a county department, as defined under s. 48.02 (2g), a
10sheriff or police department or a district attorney for purposes of investigation of
11threatened or suspected child abuse or neglect or suspected unborn child abuse or
12for purposes of
prosecution of alleged child abuse or neglect, if the person conducting
13the investigation or prosecution identifies the subject of the record by name. The
14health care provider may release information by initiating contact with a county
15department, sheriff or police department or district attorney without receiving a
16request for release of the information. A person to whom a report or record is
17disclosed under this subdivision may not further disclose it, except to the persons,
18for the purposes and under the conditions specified in s. 48.981 (7).
AB463-ASA1, s. 313 19Section 313. 301.01 (2) (cm) of the statutes is created to read:
AB463-ASA1,121,2120 301.01 (2) (cm) Any expectant mother held in custody under ss. 48.193 to
2148.213.
AB463-ASA1, s. 314 22Section 314. 757.69 (1) (g) of the statutes is amended to read:
AB463-ASA1,122,1323 757.69 (1) (g) When assigned to the court assigned jurisdiction under chs. 48
24and 938, a court commissioner may, under ch. 48 or 938, issue summonses and
25warrants, order the release or detention of children apprehended or expectant

1mothers of unborn children taken into custody
, conduct detention and shelter care
2hearings, conduct preliminary appearances, conduct uncontested proceedings under
3ss. 48.13, 48.133, 938.12, 938.13 and 938.18, enter into consent decrees and exercise
4the powers and perform the duties specified in par. (j) or (m), whichever is applicable,
5in proceedings under s. 813.122 or 813.125 in which the respondent is a child.
6Contested waiver hearings under s. 938.18 and dispositional hearings under ss.
748.335 and 938.335 shall be conducted by a judge. When acting in an official capacity
8and assigned to the children's court center, a court commissioner shall sit at the
9children's court center or such other facility designated by the chief judge. Any
10decision by the commissioner shall be reviewed by the judge of the branch of court
11to which the case has been assigned, upon motion of any party. Any determination,
12order or ruling by the commissioner may be certified to the branch of court to which
13such case has been assigned upon a motion of any party for a hearing de novo.
AB463-ASA1, s. 315 14Section 315. 808.075 (4) (a) 4. of the statutes is amended to read:
AB463-ASA1,122,1615 808.075 (4) (a) 4. Hearing for child held in custody under s. 48.21 or an adult
16expectant mother of an unborn child held in custody under s. 48.213
.
AB463-ASA1, s. 316 17Section 316. 813.122 (1) (a) of the statutes is amended to read:
AB463-ASA1,122,2018 813.122 (1) (a) "Abuse" has the meaning given in s. 48.02 (1) (a) and (b) to (gm)
19and, in addition, includes a threat to engage in any conduct under s. 48.02 (1), other
20than conduct under s. 48.02 (1) (am)
.
AB463-ASA1, s. 317 21Section 317. 904.085 (4) (d) of the statutes is amended to read:
AB463-ASA1,122,2422 904.085 (4) (d) A mediator reporting child or unborn child abuse under s.
2348.981 or reporting nonidentifying information for statistical, research or
24educational purposes does not violate this section.
AB463-ASA1, s. 318 25Section 318. 905.04 (4) (e) (title) of the statutes is amended to read:
AB463-ASA1,123,1
1905.04 (4) (e) (title) Abused or neglected child or abused unborn child.
AB463-ASA1, s. 319 2Section 319. 905.04 (4) (e) 3. of the statutes is created to read:
AB463-ASA1,123,93 905.04 (4) (e) 3. There is no privilege in situations where the examination of
4the expectant mother of an abused unborn child creates a reasonable ground for an
5opinion of the physician, registered nurse, chiropractor, psychologist, social worker,
6marriage and family therapist or professional counselor that the physical injury
7inflicted on the unborn child was caused by the habitual lack of self-control of the
8expectant mother of the unborn child in the use of alcohol beverages, controlled
9substances or controlled substance analogs, exhibited to a severe degree.
AB463-ASA1, s. 320 10Section 320. 938.245 (8) of the statutes is amended to read:
AB463-ASA1,123,1611 938.245 (8) If the obligations imposed under the deferred prosecution
12agreement are met, the intake worker shall so inform the juvenile and a parent,
13guardian and legal custodian in writing, and no petition may be filed or citation
14issued on the charges that brought about the deferred prosecution agreement nor
15may the charges be the sole basis for a petition under s. 48.13, 48.133, 48.14, 938.13
16or 938.14.
AB463-ASA1, s. 321 17Section 321. Initial applicability.
AB463-ASA1,124,218 (1) This act first applies to an expectant mother of an unborn child, as defined
19in section 48.02 (19) of the statutes, as created by this act, who exhibits a lack of
20self-control in the use of alcohol beverages, controlled substances or controlled
21substance analogs, to a severe degree, on the effective date of this subsection, but
22does not preclude consideration of a lack of that self-control exhibited before the
23effective date of this subsection in determining whether the lack of that self-control
24is habitual or is habitually exhibited to a severe degree, or in determining whether
25there is a substantial risk that the physical health of the unborn child, or of the child

1when born, will be seriously affected or endangered due to the habitual lack of that
2self-control, exhibited to a severe degree.
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