AB463-SA2,7,21
148.295
(1) After the filing of a petition and upon a finding by the court that
2reasonable cause exists to warrant an examination or an alcohol and other drug
3abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court
4may order any child coming within its jurisdiction to be examined as an outpatient
5by personnel in an approved treatment facility for alcohol and other drug abuse, by
6a physician, psychiatrist or licensed psychologist, or by another expert appointed by
7the court holding at least a master's degree in social work or another related field of
8child development, in order that the child's physical, psychological, alcohol or other
9drug dependency, mental or developmental condition may be considered. The court
10may also order an examination or an alcohol and other drug abuse assessment that
11conforms to the criteria specified under s. 48.547 (4) of a parent, guardian or legal
12custodian whose ability to care for a child is at issue before the court
or of an
13expectant mother whose ability to control her use of alcohol beverages, controlled
14substances or controlled substance analogs is at issue before the court. The court
15shall hear any objections by the child, the child's parents, guardian or legal custodian
16to the request for such an examination or assessment before ordering the
17examination or assessment. The expenses of an examination, if approved by the
18court, shall be paid by the county of the court ordering the examination in a county
19having a population of less than 500,000 or by the department in a county having a
20population of 500,000 or more. The payment for an alcohol and other drug abuse
21assessment shall be in accordance with s. 48.361.".
AB463-SA2,8,17
348.345 (title)
Disposition of child or unborn child of child expectant
4mother adjudged in need of protection or services. (intro.) If the judge finds
5that the child is in need of protection or services
or that the unborn child of a child
6expectant mother is in need of protection or services, the judge shall enter an order
7deciding one or more of the dispositions of the case as provided in this section under
8a care and treatment plan, except that the order may not place any child not
9specifically found under chs. 46, 49, 51, 115 and 880 to be developmentally disabled,
10mentally ill or to have a disability specified in s. 115.76 (5) in facilities which
11exclusively treat those categories of children
and the court may not place any child
12expectant mother of an unborn child in need of protection or services outside of the
13child expectant mother's home unless the court finds that the child expectant mother
14is refusing or has refused to accept any alcohol or other drug abuse services offered
15to her or is not making or has not made a good faith effort to participate in any alcohol
16or other drug abuse services offered to her. The dispositions under this section are
17as follows:".
AB463-SA2,8,19
19"
Section 181m. 48.345 (14) of the statutes is created to read:
AB463-SA2,9,1220
48.345
(14) (a) If, based on an evaluation under s. 48.295 and the report under
21s. 48.33, the judge finds that the child expectant mother of an unborn child in need
22of protection or services is in need of inpatient treatment for her habitual lack of
23self-control in the use of alcohol, controlled substances or controlled substance
24analogs, exhibited to a severe degree, that inpatient treatment is appropriate for the
1child expectant mother's needs and that inpatient treatment is the least restrictive
2treatment consistent with the child expectant mother's needs, the judge may order
3the child expectant mother to enter an inpatient alcohol or other drug abuse
4treatment program at an inpatient facility, as defined in s. 51.01 (10). The inpatient
5facility shall, under the terms of a service agreement between the inpatient facility
6and the county in a county having a population of less than 500,000 or the
7department in a county having a population of 500,000 or more, or with the written
8and informed consent of the child expectant mother or the child expectant mother's
9parent if the child expectant mother has not attained the age of 12, report to the
10agency primarily responsible for providing services to the child expectant mother as
11to whether the child expectant mother is cooperating with the treatment and
12whether the treatment appears to be effective.
AB463-SA2,9,1413
(b) Payment for any treatment ordered under par. (a) shall be in accordance
14with s. 48.361.".
AB463-SA2,9,24
17"
(5) Alcohol or drug treatment or education. (a) If the report prepared under
18s. 48.33 (1) recommends that the adult expectant mother is in need of treatment for
19the use or abuse of alcohol beverages, controlled substances or controlled substance
20analogs and its medical, personal, family or social effects, the court may order the
21adult expectant mother to enter an outpatient alcohol and other drug abuse
22treatment program at an approved treatment facility. The approved treatment
23facility shall, under the terms of a service agreement between the approved
24treatment facility and the county in a county having a population of less than 500,000
1or the department in a county having a population of 500,000 or more, or with the
2written informed consent of the adult expectant mother, report to the agency
3primarily responsible for providing services to the adult expectant mother as to
4whether the adult expectant mother is cooperating with the treatment and whether
5the treatment appears to be effective.
AB463-SA2,10,166
(b) If the report prepared under s. 48.33 (1) recommends that the adult
7expectant mother is in need of education relating to the use of alcohol beverages,
8controlled substances or controlled substance analogs, the court may order the adult
9expectant mother to participate in an alcohol or other drug abuse education program
10approved by the court. The person or agency that provides the education program
11shall, under the terms of a service agreement between the education program and
12the county in a county having a population of less than 500,000 or the department
13in a county having a population of 500,000 or more, or with the written informed
14consent of the adult expectant mother, report to the agency primarily responsible for
15providing services to the adult expectant mother about the adult expectant mother's
16attendance at the program.
AB463-SA2,10,1917
(c) Payment for any treatment or education ordered under this subsection in
18counties that have an alcohol and other drug abuse program under s. 48.547 shall
19be in accordance with s. 48.361.
AB463-SA2,11,10
20(6) Inpatient alcohol or drug treatment. (a) If, based on an evaluation under
21s. 48.295 and the report under s. 48.33, the judge finds that the adult expectant
22mother is in need of inpatient treatment for her habitual lack of self-control in the
23use of alcohol, controlled substances or controlled substance analogs, exhibited to a
24severe degree, that inpatient treatment is appropriate for the adult expectant
25mother's needs and that inpatient treatment is the least restrictive treatment
1consistent with the adult expectant mother's needs, the judge may order the adult
2expectant mother to enter an inpatient alcohol or other drug abuse treatment
3program at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility
4shall, under the terms of a service agreement between the inpatient facility and the
5county in a county having a population of less than 500,000 or the department in a
6county having a population of 500,000 or more, or with the written and informed
7consent of the adult expectant mother, report to the agency primarily responsible for
8providing services to the adult expectant mother as to whether the adult expectant
9mother is cooperating with the treatment and whether the treatment appears to be
10effective.
AB463-SA2,11,1211
(b) Payment for any treatment ordered under par. (a) shall be in accordance
12with s. 48.361.".
AB463-SA2,11,16
15"
Section 184m. 48.35 (1) (b) (intro.) of the statutes, as affected by 1997
16Wisconsin Act .... (Assembly Bill 410), is amended to read:
AB463-SA2,11,2017
48.35
(1) (b) (intro.) The disposition of a child
or an unborn child, and any record
18of evidence given in a hearing in court, shall not be admissible as evidence against
19the child
or the expectant mother of the unborn child in any case or proceeding in any
20other court except for the following:
AB463-SA2, s. 185m
21Section 185m. 48.35 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin
22Act .... (Assembly Bill 410), is amended to read:
AB463-SA2,12,3
148.35
(1) (b) 1. In sentencing proceedings after
conviction the child or expectant
2mother has been convicted of a felony or misdemeanor and then only for the purpose
3of a presentence investigation.".
AB463-SA2,13,128
48.357
(1) The person or agency primarily responsible for implementing the
9dispositional order, the district attorney or the corporation counsel may request a
10change in the placement of the child
or expectant mother, whether or not the change
11requested is authorized in the dispositional order and shall cause written notice to
12be sent to the child
or the child's counsel or guardian ad litem,
the parent,
guardian
13and legal custodian of the child, any foster parent, treatment foster parent or other
14physical custodian described in s. 48.62 (2)
, guardian and legal custodian of the child,
15and, if the child is the expectant mother of an unborn child under s. 48.133, the
16unborn child by the unborn child's guardian ad litem. If the expectant mother is an
17adult, written notice shall be sent to the adult expectant mother and the unborn child
18by the unborn child's guardian ad litem. The notice shall contain the name and
19address of the new placement, the reasons for the change in placement, a statement
20describing why the new placement is preferable to the present placement and a
21statement of how the new placement satisfies objectives of the treatment plan
22ordered by the court. Any person receiving the notice under this subsection or notice
23of
the a specific
foster or treatment foster placement under s. 48.355 (2) (b) 2. may
24obtain a hearing on the matter by filing an objection with the court within 10 days
1of after receipt of the notice. Placements
shall may not be changed until 10 days after
2such that notice is sent to the court unless the parent, guardian or legal custodian
3and the child, if 12
or more years of age
or over, or the child expectant mother, if 12
4years of age or over, her parent, guardian or legal custodian and the unborn child by
5the unborn child's guardian ad litem, or the adult expectant mother and the unborn
6child by the unborn child's guardian ad litem, sign written waivers of objection,
7except that placement changes which were authorized in the dispositional order may
8be made immediately if notice is given as required in this subsection. In addition,
9a hearing is not required for placement changes authorized in the dispositional order
10except
where when an objection filed by a person who received notice alleges that new
11information is available which affects the advisability of the court's dispositional
12order.".
AB463-SA2,14,1517
48.357
(2m) The child, the parent, guardian or legal custodian of the child
, the
18expectant mother, the unborn child by the unborn child's guardian at litem or any
19person or agency primarily bound by the dispositional order, other than the person
20or agency responsible for implementing the order, may request a change in
21placement under this subsection. The request shall contain the name and address
22of the place of the new placement requested and shall state what new information
23is available which affects the advisability of the current placement. This request
24shall be submitted to the court. In addition, the court may propose a change in
1placement on its own motion. The court shall hold a hearing on the matter prior to
2ordering any change in placement under this subsection if the request states that
3new information is available which affects the advisability of the current placement,
4unless written waivers of objection to the proposed change in placement are signed
5by all parties entitled to receive notice under sub. (1) and the court approves. If a
6hearing is scheduled, the court shall notify the child, the parent, guardian and legal
7custodian of the child, any foster parent, treatment foster parent or other physical
8custodian described in s. 48.62 (2) of the child
and, all parties who are bound by the
9dispositional order
and, if the child is the expectant mother of an unborn child under
10s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify
11the adult expectant mother, the unborn child by the unborn child's guardian ad litem
12and all parties who are bound by the dispositional order, at least 3 days prior to the
13hearing. A copy of the request or proposal for the change in placement shall be
14attached to the notice. If all the parties consent, the court may proceed immediately
15with the hearing.
I".
AB463-SA2,15,419
48.36
(2) If
an expectant mother or a child whose legal custody has not been
20taken from a parent or guardian is given educational and social services, or medical,
21psychological or psychiatric treatment by order of the court, the cost
thereof of those
22services or that treatment, if ordered by the court, shall be a charge upon the county
23in a county having a population of less than 500,000 or the department in a county
24having a population of 500,000 or more. This section does not prevent recovery of
1reasonable contribution toward the costs from the parent or guardian of the child
or
2from an adult expectant mother as the court may order based on the ability of the
3parent
or, guardian
or adult expectant mother to pay. This subsection shall be
4subject to s. 46.03 (18).".
AB463-SA2,15,138
48.365
(2g) (a) At the hearing the person or agency primarily responsible for
9providing services to the child
or expectant mother shall file with the court a written
10report stating to what extent the dispositional order has been meeting the objectives
11of the plan for the
child's rehabilitation or care and treatment
of the child or for the
12rehabilitation and treatment of the expectant mother and the care of the unborn
13child.".
AB463-SA2,16,1217
48.396
(1) Law enforcement officers' records of children shall be kept separate
18from records of adults.
Law enforcement officers' records of the adult expectant
19mothers of unborn children shall be kept separate from records of other adults. Law
20enforcement officers' records of children
and the adult expectant mothers of unborn
21children shall not be open to inspection or their contents disclosed except under sub.
22(1b), (1d) or (5) or s. 48.293 or by order of the court. This subsection does not apply
23to the representatives of newspapers or other reporters of news who wish to obtain
24information for the purpose of reporting news without revealing the identity of the
1or adult expectant mother child involved, to the confidential exchange of information
2between the police and officials of the school attended by the child or other law
3enforcement or social welfare agencies or to children 10 years of age or older who are
4subject to the jurisdiction of the court of criminal jurisdiction. A public school official
5who obtains information under this subsection shall keep the information
6confidential as required under s. 118.125 and a private school official who obtains
7information under this subsection shall keep the information confidential in the
8same manner as is required of a public school official under s. 118.125. A law
9enforcement agency that obtains information under this subsection shall keep the
10information confidential as required under this subsection and s. 938.396 (1). A
11social welfare agency that obtains information under this subsection shall keep the
12information confidential as required under ss. 48.78 and 938.78.".
AB463-SA2,16,16
1531. Page 100, line 4: after "
, if" insert "
requested by an expectant mother of
16an unborn child who is the subject of a law enforcement officer's report, if".
AB463-SA2,16,22
2034. Page 100, line 16: delete that line and substitute "
report, or of an
21expectant mother of an unborn child who is the subject of a law enforcement officer's
22report, if".
AB463-SA2,17,2
137. Page 100, line 20: delete that line and substitute "
parent, guardian, legal
2custodian or expectant mother, and unborn child by the unborn".
AB463-SA2,17,6
539. Page 100, line 24: after "(a)," insert "upon request of an expectant mother
6of an unborn child who is the subject of a record of a court specified in par. (a),".
AB463-SA2,17,8
740. Page 101, line 1: on lines 1 and 4, delete "expectant mother or by the" and
8substitute "parent, guardian, legal custodian, expectant mother or".
AB463-SA2,17,12
1142. Page 101, line 8: after "(a)" insert ", or of an expectant mother of an unborn
12child who is the subject of a record of a court specified in par. (a),".
AB463-SA2,18,219
48.415
(2) (c) That the child has been outside the home for a cumulative total
20period of 6 months or longer pursuant to such orders
not including time spent outside
21the home as an unborn child; and that the parent has failed to meet the conditions
22established for the return of the child to the home and there is a substantial
1likelihood that the parent will not meet these conditions within the 12-month period
2following the fact-finding hearing under s. 48.424.
AB463-SA2,18,75
48.44
(1) The court has jurisdiction over persons 17 years of age or older as
6provided under ss.
48.133, 48.355 (4) and 48.45 and as otherwise specifically
7provided in this chapter.".
AB463-SA2,18,1812
48.46
(1) Except as provided in subs. (1m), (2) and (3), the child whose status
13is adjudicated by the court, the parent, guardian or legal custodian of that child, the
14unborn child whose status is adjudicated by the court or the expectant mother of that
15unborn child may at any time within one year after the entering of the court's order
16petition the court for a rehearing on the ground that new evidence has been
17discovered affecting the advisability of the court's original adjudication. Upon a
18showing that such evidence does exist, the court shall order a new hearing.".
AB463-SA2,19,622
48.48
(17) (a) 1. Investigate the conditions surrounding nonmarital children
23and, children in need of protection or services
and unborn children in need of
24protection or services within the county and to take every reasonable action within
1its power to secure for them the full benefit of all laws enacted for their benefit.
2Unless provided by another agency, the department shall offer social services to the
3caretaker of any child
, and to the expectant mother of any unborn child, who is
4referred to
it the department under the conditions specified in this subdivision. This
5duty shall be discharged in cooperation with the court and with the public officers
6or boards legally responsible for the administration and enforcement of these laws.
AB463-SA2,19,169
48.48
(17) (a) 2. Accept legal custody of children transferred to it by the court
10under s. 48.355
, to accept supervision over expectant mothers of unborn children who
11are placed under its supervision under s. 48.355 and to provide special treatment and
12care
for children and expectant mothers if ordered by the court and if providing
13special treatment and care is not the responsibility of the county department under
14s. 46.215, 51.42 or 51.437. A court may not order the department to administer
15psychotropic medications to children
and expectant mothers who receive special
16treatment or care under this subdivision.
AB463-SA2,20,519
48.48
(17) (a) 3. Provide appropriate protection and services for children
and
20the expectant mothers of unborn children in its care, including providing services for
21those children and their families
and for those expectant mothers in their own
22homes, placing the children in licensed foster homes,
licensed treatment foster
23homes or
licensed group homes in this state or another state within a reasonable
24proximity to the agency with legal custody or contracting for services for
them those
25children by licensed child welfare agencies, except that the department may not
1purchase the educational component of private day treatment programs unless the
2department, the school board as defined in s. 115.001 (7) and the state
3superintendent of public instruction all determine that an appropriate public
4education program is not available. Disputes between the department and the school
5district shall be resolved by the state superintendent of public instruction.
AB463-SA2,20,108
48.48
(17) (b) In performing the functions specified in par. (a), the department
9may avail itself of the cooperation of any individual or private agency or organization
10interested in the social welfare of children
and unborn children in the county.".
AB463-SA2,21,214
48.57
(1) (c) To provide appropriate protection and services for children
and the
15expectant mothers of unborn children in its care, including providing services for
16those children and their families
and for those expectant mothers in their own
17homes, placing
the those children in licensed foster homes,
licensed treatment foster
18homes or
licensed group homes in this state or another state within a reasonable
19proximity to the agency with legal custody or contracting for services for
them those
20children by licensed child welfare agencies, except that the county department
shall 21may not purchase the educational component of private day treatment programs
22unless the county department, the school board as defined in s. 115.001 (7) and the
23state superintendent of public instruction all determine that an appropriate public
24education program is not available. Disputes between the county department and
1the school district shall be resolved by the state superintendent of public
2instruction.".
AB463-SA2,21,236
48.59
(1) The county department or, in a county having a population of 500,000
7or more, the department or an agency under contract with the department shall
8investigate the personal and family history and environment of any child transferred
9to its legal custody or placed under its supervision under s. 48.345
and of every
10expectant mother of an unborn child placed under its supervision under s. 48.347 and
11make any physical or mental examinations of the child
or expectant mother 12considered necessary to determine the type of care necessary for the child
or
13expectant mother. The county department, department or agency shall screen a
14child
or expectant mother who is examined under this subsection to determine
15whether the child
or expectant mother is in need of special treatment or care because
16of alcohol or other drug abuse, mental illness or severe emotional disturbance. The
17county department, department or agency shall keep a complete record of the
18information received from the court, the date of reception, all available data on the
19personal and family history of the child
or expectant mother, the results of all tests
20and examinations given the child
or expectant mother and a complete history of all
21placements of the child while in the legal custody or under the supervision of the
22county department, department or agency
or of the expectant mother while under
23the supervision of the county department, department or agency.".
AB463-SA2,22,4
352. Page 111, line 1: after "record," insert "upon the request of an expectant
4mother of an unborn child who is the subject of the record,".
AB463-SA2,22,10
755. Page 111, line 10: delete lines 10 and 11 and substitute "the parent,
8guardian or legal custodian of a child expectant mother of an unborn child who is the
9subject of the record, or of an expectant mother of an unborn child who is the subject
10of the record, if 14 years of age or over,".
AB463-SA2,22,12
1156. Page 111, line 13: delete that line and substitute "in the permission if the
12parent, guardian, legal custodian or expectant mother, and".
AB463-SA2,23,918
48.981
(3) (a)
Referral of report. A person required to report under sub. (2) shall
19immediately inform, by telephone or personally, the county department or, in a
20county having a population of 500,000 or more, the department or a licensed child
21welfare agency under contract with the department or the sheriff or city, village or
22town police department of the facts and circumstances contributing to a suspicion of
23child abuse or neglect
or of unborn child abuse or to a belief that abuse or neglect will
1occur. The sheriff or police department shall within 12 hours, exclusive of Saturdays,
2Sundays or legal holidays, refer to the county department or, in a county having a
3population of 500,000 or more, the department or a licensed child welfare agency
4under contract with the department all cases reported to it. The county department,
5department or licensed child welfare agency may require that a subsequent report
6be made in writing. Each county department, the department and a licensed child
7welfare agency under contract with the department shall adopt a written policy
8specifying the kinds of reports it will routinely report to local law enforcement
9authorities.".