SB264-SSA1,18,146
48.185
(1) Subject to sub. (2), venue for any proceeding under ss. 48.13,
48.133, 748.135 and 48.14 (1) to (9) may be in any of the following: the county where the child
8or the expectant mother of the unborn child resides
, or the county where the child
9is or expectant mother is present
or, in the case of a violation of a state law or a county,
10town or municipal ordinance, the county where the violation occurred. Venue for
11proceedings brought under subch. VIII is as provided in this subsection except where
12the child has been placed and is living outside the home of the child's parent pursuant
13to a dispositional order, in which case venue is as provided in sub. (2). Venue for a
14proceeding under s. 48.14 (10) is as provided in s. 801.50 (5s).
SB264-SSA1,18,2516
48.185
(2) In an action under s. 48.41, venue shall be in the county where the
17birth parent or child resides at the time that the petition is filed. Venue for any
18proceeding under s. 48.363, 48.365 or 48.977, or any proceeding under subch. VIII
19when the child has been placed outside the home pursuant to a dispositional order
20under s. 48.345
or 48.347, shall be in the county where the dispositional order was
21issued, unless the child's county of residence has changed, or the parent of the child
22or the expectant mother of the unborn child has resided in a different county of this
23state for 6 months. In either case, the court may, upon a motion and for good cause
24shown, transfer the case, along with all appropriate records, to the county of
25residence of the child
or, parent
or expectant mother.
SB264-SSA1,19,2
1Subchapter IV (title) of chapter 48 [precedes 48.19] of the statutes is amended
2to read:
SB264-SSA1,19,64
subchapter iv
5
holding a child
or an
6
expectant mother in custody
SB264-SSA1,19,118
48.19
(1) (c) An order of the judge if made upon a showing satisfactory to the
9judge that the welfare of the child demands that the child be immediately removed
10from his or her present custody. The order shall specify that the child be held in
11custody under s. 48.207
(1).
SB264-SSA1,19,2013
48.19
(1) (cm) An order of the judge if made upon a showing satisfactory to the
14judge that the child is an expectant mother and that due to the child expectant
15mother's habitual lack of self-control in the use of alcohol beverages, controlled
16substances or controlled substance analogs, exhibited to a severe degree, there is a
17substantial risk that the physical health of the unborn child, and of the child when
18born, will be seriously affected or endangered unless the child expectant mother is
19taken into custody. The order shall specify that the child expectant mother be held
20in custody under s. 48.207 (1).
SB264-SSA1,20,222
48.19
(1) (d) 8. The child is an expectant mother and there is a substantial risk
23that the physical health of the unborn child, and of the child when born, will be
24seriously affected or endangered due to the child expectant mother's habitual lack
25of self-control in the use of alcohol beverages, controlled substances or controlled
1substance analogs, exhibited to a severe degree, unless the child expectant mother
2is taken into custody.
SB264-SSA1,20,6
448.193 Taking an adult expectant mother into custody. (1) An adult
5expectant mother of an unborn child may be taken into custody under any of the
6following:
SB264-SSA1,20,77
(a) A warrant.
SB264-SSA1,20,88
(b) A capias issued by a judge under s. 48.28.
SB264-SSA1,20,159
(c) An order of the judge if made upon a showing satisfactory to the judge that
10due to the adult expectant mother's habitual lack of self-control in the use of alcohol
11beverages, controlled substances or controlled substance analogs, exhibited to a
12severe degree, there is a substantial risk that the physical health of the unborn child,
13and of the child when born, will be seriously affected or endangered unless the adult
14expectant mother is taken into custody. The order shall specify that the adult
15expectant mother be held in custody under s. 48.207 (1m).
SB264-SSA1,20,1716
(d) Circumstances in which a law enforcement officer believes on reasonable
17grounds that any of the following conditions exists:
SB264-SSA1,20,1918
1. A capias or warrant for the apprehension of the adult expectant mother has
19been issued in this state or in another state.
SB264-SSA1,20,2420
2. There is a substantial risk that the physical health of the unborn child, and
21of the child when born, will be seriously affected or endangered due to the adult
22expectant mother's habitual lack of self-control in the use of alcohol beverages,
23controlled substances or controlled substance analogs, exhibited to a severe degree,
24unless the adult expectant mother is taken into custody.
SB264-SSA1,21,3
13. The adult expectant mother has violated the conditions of an order under s.
248.213 (3) or the conditions of an order for temporary physical custody by an intake
3worker.
SB264-SSA1,21,13
4(2) When an adult expectant mother of an unborn child is taken into physical
5custody as provided in this section, the person taking the adult expectant mother into
6custody shall immediately attempt to notify an adult relative or friend of the adult
7expectant mother by the most practical means. The person taking the adult
8expectant mother into custody shall continue such attempt until an adult relative or
9friend is notified, or the adult expectant mother is delivered to an intake worker
10under s. 48.203 (2), whichever occurs first. If the adult expectant mother is delivered
11to the intake worker before an adult relative or friend is notified, the intake worker,
12or another person at his or her direction, shall continue the attempt to notify until
13an adult relative or friend of the adult expectant mother is notified.
SB264-SSA1,21,15
14(3) Taking into custody is not an arrest except for the purpose of determining
15whether the taking into custody or the obtaining of any evidence is lawful.
SB264-SSA1,21,17
1748.20 (title)
Release or delivery of child from custody.
SB264-SSA1,22,319
48.20
(4m) If the child is an expectant mother and if the unborn child or child
20expectant mother is believed to be suffering from a serious physical condition which
21requires either prompt diagnosis or prompt treatment or if there is a substantial risk
22that the physical health of the unborn child, and of the child when born, will be
23seriously affected or endangered due to the child expectant mother's habitual lack
24of self-control in the use of alcohol beverages, controlled substances or controlled
25substance analogs, exhibited to a severe degree, the person taking the child
1expectant mother into physical custody, the intake worker or other appropriate
2person shall deliver the child expectant mother to a hospital as defined in s. 50.33
3(2) (a) and (c) or physician's office.
SB264-SSA1,22,95
48.20
(7) (b) The intake worker shall review the need to hold the child in
6custody and shall make every effort to release the child from custody as provided in
7par. (c). The intake worker shall base his or her decision as to whether to release the
8child or to continue to hold the child in custody on the criteria specified in s. 48.205
9(1) and criteria established under s. 48.06 (1) or (2).
SB264-SSA1,23,1011
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
12parent, guardian and legal custodian of the reasons for holding the child in custody
13and of the child's whereabouts unless there is reason to believe that notice would
14present imminent danger to the child.
If a child who has violated the terms of
15aftercare supervision administered by the department of corrections or a county
16department is held in custody, the intake worker shall also notify the department of
17corrections or county department, whichever has supervision over the child, of the
18reasons for holding the child in custody, of the child's whereabouts and of the time
19and place of the detention hearing required under s. 48.21. The parent, guardian and
20legal custodian shall also be notified of the time and place of the detention hearing
21required under s. 48.21, the nature and possible consequences of that hearing, and
22the right to present and cross-examine witnesses at the hearing. If the parent,
23guardian or legal custodian is not immediately available, the intake worker or
24another person designated by the court shall provide notice as soon as possible.
25When the child is alleged to be in need of protection or services and is 12 years of age
1or older, the child shall receive the same notice about the detention hearing as the
2parent, guardian or legal custodian. The intake worker shall notify both the child
3and the child's parent, guardian or legal custodian.
When the child is an expectant
4mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn
5child, through the unborn child's guardian ad litem, shall receive the same notice
6about the whereabouts of the child expectant mother, about the reasons for holding
7the child expectant mother in custody and about the detention hearing as the child
8expectant mother and her parent, guardian or legal custodian. The intake worker
9shall notify the child expectant mother, her parent, guardian or legal custodian and
10the unborn child, by the unborn child's guardian ad litem.
SB264-SSA1,23,20
1248.203 Release or delivery of adult expectant mother from custody. (1) 13A person taking an adult expectant mother of an unborn child into custody shall
14make every effort to release the adult expectant mother to an adult relative or friend
15of the adult expectant mother after counseling or warning the adult expectant
16mother as may be appropriate or, if an adult relative or friend is unavailable,
17unwilling or unable to accept the release of the adult expectant mother, the person
18taking the adult expectant mother into custody may release the adult expectant
19mother under the adult expectant mother's own supervision after counseling or
20warning the adult expectant mother as may be appropriate.
SB264-SSA1,24,3
21(2) If the adult expectant mother is not released under sub. (1), the person who
22took the adult expectant mother into custody shall arrange in a manner determined
23by the court and law enforcement agencies for the adult expectant mother to be
24interviewed by the intake worker under s. 48.067 (2), and shall make a statement in
25writing with supporting facts of the reasons why the adult expectant mother was
1taken into physical custody and shall give the adult expectant mother a copy of the
2statement in addition to giving a copy to the intake worker. When the intake
3interview is not done in person, the report may be read to the intake worker.
SB264-SSA1,24,12
4(3) If the unborn child or adult expectant mother is believed to be suffering from
5a serious physical condition which requires either prompt diagnosis or prompt
6treatment or if there is a substantial risk that the physical health of the unborn child,
7and of the child when born, will be seriously affected or endangered due to the adult
8expectant mother's habitual lack of self-control in the use of alcohol beverages,
9controlled substances or controlled substance analogs, exhibited to a severe degree,
10the person taking the adult expectant mother into physical custody, the intake
11worker or other appropriate person shall deliver the adult expectant mother to a
12hospital, as defined in s. 50.33 (2) (a) and (c), or physician's office.
SB264-SSA1,24,19
13(4) If the adult expectant mother is believed to be mentally ill, drug dependent
14or developmentally disabled, and exhibits conduct which constitutes a substantial
15probability of physical harm to herself or others, or a substantial probability of
16physical impairment or injury to the adult expectant mother exists due to the
17impaired judgment of the adult expectant mother, and the standards of s. 51.15 are
18met, the person taking the adult expectant mother into physical custody, the intake
19worker or other appropriate person shall proceed under s. 51.15.
SB264-SSA1,24,24
20(5) If the adult expectant mother is believed to be an intoxicated person who
21has threatened, attempted or inflicted physical harm on herself or on another and
22is likely to inflict such physical harm unless committed, or is incapacitated by
23alcohol, the person taking the adult expectant mother into physical custody, the
24intake worker or other appropriate person shall proceed under s. 51.45 (11).
SB264-SSA1,25,2
1(6) (a) When an adult expectant mother is interviewed by an intake worker, the
2intake worker shall inform the adult expectant mother of her right to counsel.
SB264-SSA1,25,83
(b) The intake worker shall review the need to hold the adult expectant mother
4in custody and shall make every effort to release the adult expectant mother from
5custody as provided in par. (c). The intake worker shall base his or her decision as
6to whether to release the adult expectant mother or to continue to hold the adult
7expectant mother in custody on the criteria specified in s. 48.205 (1m) and criteria
8established under s. 48.06 (1) or (2).
SB264-SSA1,25,159
(c) The intake worker may release the adult expectant mother to an adult
10relative or friend of the adult expectant mother after counseling or warning the adult
11expectant mother as may be appropriate or, if an adult relative or friend is
12unavailable, unwilling or unable to accept the release of the adult expectant mother,
13the intake worker may release the adult expectant mother under the adult expectant
14mother's own supervision after counseling or warning the adult expectant mother as
15may be appropriate.
SB264-SSA1,25,21
16(7) If an adult expectant mother is held in custody, the intake worker shall
17notify the adult expectant mother and the unborn child, through the unborn child's
18guardian ad litem, of the reasons for holding the adult expectant mother in custody,
19the time and place of the detention hearing required under s. 48.213, the nature and
20possible consequences of that hearing, and the right to present and cross-examine
21witnesses at the hearing.
SB264-SSA1,25,24
2348.205 (title)
Criteria for holding a child or expectant mother in
24physical custody.
SB264-SSA1, s. 60
25Section
60. 48.205 (1) (intro.) of the statutes is amended to read:
SB264-SSA1,26,3
148.205
(1) (intro.) A child may be held under s. 48.207
(1), 48.208 or 48.209 if
2the intake worker determines that there is probable cause to believe the child is
3within the jurisdiction of the court and:
SB264-SSA1,26,105
48.205
(1) (d) Probable cause exists to believe that the child is an expectant
6mother and that if the child expectant mother is not held, there is a substantial risk
7that the physical health of the unborn child, and of the child when born, will be
8seriously affected or endangered by the child expectant mother's habitual lack of
9self-control in the use of alcohol beverages, controlled substances or controlled
10substance analogs, exhibited to a severe degree.
SB264-SSA1,26,1912
48.205
(1m) An adult expectant mother of an unborn child may be held under
13s. 48.207 (1m) if the intake worker determines that there is probable cause to believe
14that the adult expectant mother is within the jurisdiction of the court and to believe
15that if the adult expectant mother is not held, there is a substantial risk that the
16physical health of the unborn child, and of the child when born, will be seriously
17affected or endangered by the adult expectant mother's habitual lack of self-control
18in the use of alcohol beverages, controlled substances or controlled substance
19analogs, exhibited to a severe degree.
SB264-SSA1,26,2321
48.205
(2) The criteria for holding a child
or the expectant mother of an unborn
22child in custody specified in this section shall govern the decision of all persons
23responsible for determining whether the action is appropriate.
SB264-SSA1,27,2
148.207 (title)
Places where a child or expectant mother may be held in
2nonsecure custody.
SB264-SSA1, s. 65
3Section
65. 48.207 (1) (intro.) of the statutes is amended to read:
SB264-SSA1,27,54
48.207
(1) (intro.) A child held in physical custody under s. 48.205
(1) may be
5held in any of the following places:
SB264-SSA1,27,87
48.207
(1) (g) A hospital as defined in s. 50.33 (2) (a) and (c) or physician's office
8if the child is held under s. 48.20 (4)
or (4m).
SB264-SSA1,27,1110
48.207
(1m) An adult expectant mother of an unborn child held in physical
11custody under s. 48.205 (1m) may be held in any of the following places:
SB264-SSA1,27,1212
(a) The home of an adult relative or friend of the adult expectant mother.
SB264-SSA1,27,1413
(b) A licensed community-based residential facility, as defined in s. 50.01 (1g),
14if the placement does not violate the conditions of the license.
SB264-SSA1,27,1615
(c) A hospital, as defined in s. 50.33 (2) (a) and (c), or a physician's office if the
16adult expectant mother is held under s. 48.203 (3).
SB264-SSA1,27,1817
(d) A place listed in s. 51.15 (2) if the adult expectant mother is held under s.
1848.203 (4).
SB264-SSA1,27,2019
(e) An approved public treatment facility for emergency treatment if the adult
20expectant mother is held under s. 48.203 (5).
SB264-SSA1, s. 68
21Section
68. 48.207 (2) of the statutes is renumbered 48.207 (2) (a) and
22amended to read:
SB264-SSA1,28,423
48.207
(2) (a) If a facility listed in sub. (1) (b) to (k) is used to hold
children a
24child in custody, or if supervisory services of a home detention program are provided
25to
children a child held under sub. (1) (a),
its the authorized rate
of the facility or the
1authorized rate for those supervisory services shall be paid by the county for the
2supervision or care of the child. If no authorized rate has been established, a
3reasonable sum to be fixed by the court shall be paid by the county for the supervision
4or care of the child.
SB264-SSA1,28,126
48.207
(2) (b) If a facility listed in sub. (1m) (b) to (e) is used to hold an expectant
7mother of an unborn child in custody, or if supervisory services of a home detention
8program are provided to an expectant mother held under sub. (1m) (a), the
9authorized rate of the facility or the authorized rate for those supervisory services
10shall be paid by the county for the supervision or care of the expectant mother. If no
11authorized rate has been established, a reasonable sum to be fixed by the court shall
12be paid by the county for the supervision or care of the expectant mother.
SB264-SSA1,28,1714
48.208
(4) Probable cause exists to believe that the child, having been placed
15in nonsecure custody by an intake worker under s. 48.207
(1) or by the judge or
16juvenile court commissioner under s. 48.21 (4), has run away or committed a
17delinquent act and no other suitable alternative exists.
SB264-SSA1,29,1119
48.21
(1) (b) If no petition has been filed by the time of the hearing, a child may
20be held in custody with approval of the judge or juvenile court commissioner for an
21additional 72 hours from the time of the hearing, excluding Saturdays, Sundays and
22legal holidays, only if, as a result of the facts brought forth at the hearing, the judge
23or juvenile court commissioner determines that probable cause exists to believe that
24the child is an imminent danger to himself or herself or to others,
or that probable
25cause exists to believe that the parent, guardian or legal custodian of the child or
1other responsible adult is neglecting, refusing, unable or unavailable to provide
2adequate supervision and care
or, if the child is an expectant mother who was taken
3into custody under s. 48.19 (1) (cm) or (d) 8., that probable cause exists to believe that
4there is a substantial risk that if the child expectant mother is not held, the physical
5health of the unborn child, and of the child when born, will be seriously affected or
6endangered by the child expectant mother's habitual lack of self-control in the use
7of alcohol beverages, controlled substances or controlled substance analogs,
8exhibited to a severe degree. The extension may be granted only once for any
9petition. In the event of failure to file a petition within the extension period provided
10for in this paragraph, the judge or juvenile court commissioner shall order the child's
11immediate release from custody.
SB264-SSA1, s. 72
12Section
72. 48.21 (3) (intro.) of the statutes is amended to read:
SB264-SSA1,29,1813
48.21
(3) (title)
Proceedings concerning children in need of protection or
14services and unborn children in need of protection or services and their child
15expectant mothers. (intro.) Proceedings concerning a child who comes within the
16jurisdiction of the court under s. 48.13
or an unborn child and a child expectant
17mother of the unborn child who come within the jurisdiction of the court under s.
1848.133 shall be conducted according to this subsection.
SB264-SSA1,30,420
48.21
(3) (b) If present at the hearing, a copy of the petition shall be given to
21the parent, guardian or legal custodian, and to the child if he or she is 12 years of age
22or older, before the hearing begins.
If the child is an expectant mother who has been
23taken into custody under s. 48.19 (1) (cm) or (d) 8., a copy of the petition shall also
24be given to the unborn child, through the unborn child's guardian ad litem, before the
25hearing begins. Prior notice of the hearing shall be given to the child's parent,
1guardian and legal custodian
and, to the child if he or she is 12 years of age or older
2and, if the child is an expectant mother who has been taken into custody under s.
348.19 (1) (cm) or (d) 8., to the unborn child, through the unborn child's guardian ad
4litem, in accordance with s. 48.20 (8).
SB264-SSA1,30,106
48.21
(6) Amendment of order. An order placing a child under sub. (4) (a) on
7conditions specified in this section may at any time be amended, with notice, so as
8to
return place the child
to in another form of custody for failure to conform to the
9conditions originally imposed. A child may be transferred to secure custody if he or
10she meets the criteria of s. 48.208.
SB264-SSA1,30,1812
48.21
(7) Informal disposition. If the judge or juvenile court commissioner
13determines that the best interests of the child and the public are served
or, in the case
14of a child expectant mother who has been taken into custody under s. 48.19 (1) (cm)
15or (d) 8., that the best interests of the unborn child and the public are served, he or
16she may enter a consent decree under s. 48.32 or order the petition dismissed and
17refer the matter to the intake worker for informal disposition in accordance with s.
1848.245.
SB264-SSA1,31,8
2048.213 Hearing for adult expectant mother in custody. (1) Hearing;
21when held. (a) If an adult expectant mother of an unborn child who has been taken
22into custody is not released under s. 48.203, a hearing to determine whether the adult
23expectant mother shall continue to be held in custody under the criteria of s. 48.205
24(1m) shall be conducted by the judge or juvenile court commissioner within 48 hours
25after the time that the decision to hold the adult expectant mother was made,
1excluding Saturdays, Sundays and legal holidays. By the time of the hearing a
2petition under s. 48.25 shall be filed, except that no petition need be filed when an
3adult expectant mother is taken into custody under s. 48.193 (1) (b) or (d) 1. or 3., in
4which case a written statement of the reasons for holding the adult expectant mother
5in custody shall be substituted if the petition is not filed. If no hearing has been held
6within those 48 hours, excluding Saturdays, Sundays and legal holidays, or if no
7petition or statement has been filed at the time of the hearing, the adult expectant
8mother shall be released except as provided in par. (b).
SB264-SSA1,31,229
(b) If no petition has been filed by the time of the hearing, an adult expectant
10mother of an unborn child may be held in custody with the approval of the judge or
11juvenile court commissioner for an additional 72 hours after the time of the hearing,
12excluding Saturdays, Sundays and legal holidays, only if, as a result of the facts
13brought forth at the hearing, the judge or juvenile court commissioner determines
14that probable cause exists to believe that there is a substantial risk that if the adult
15expectant mother is not held, the physical health of the unborn child, and of the child
16when born, will be seriously affected or endangered by the adult expectant mother's
17habitual lack of self-control in the use of alcohol beverages, controlled substances or
18controlled substance analogs, exhibited to a severe degree. The extension may be
19granted only once for any petition. In the event of failure to file a petition within the
20extension period provided for in this paragraph, the judge or juvenile court
21commissioner shall order the adult expectant mother's immediate release from
22custody.
SB264-SSA1,32,2
23(2) Proceedings concerning unborn children in need of protection or
24services and their adult expectant mothers. (a) Proceedings concerning an unborn
25child and an adult expectant mother of the unborn child who come within the
1jurisdiction of the court under s. 48.133 shall be conducted according to this
2subsection.
SB264-SSA1,32,43
(b) The adult expectant mother may waive the hearing under this section. After
4any waiver, a hearing shall be granted at the request of any interested party.
SB264-SSA1,32,85
(c) A copy of the petition shall be given to the adult expectant mother, and to
6the unborn child, through the unborn child's guardian ad litem, before the hearing
7begins. Prior notice of the hearing shall be given to the adult expectant mother and
8unborn child in accordance with s. 48.203 (7).
SB264-SSA1,32,139
(d) Prior to the commencement of the hearing, the adult expectant mother and
10the unborn child, through the unborn child's guardian ad litem, shall be informed by
11the court of the allegations that have been made or may be made, the nature and
12possible consequences of this hearing as compared to possible future hearings, the
13right to confront and cross-examine witnesses and the right to present witnesses.
SB264-SSA1,32,2014
(e) If the adult expectant mother is not represented by counsel at the hearing
15and the adult expectant mother is continued in custody as a result of the hearing, the
16adult expectant mother may request through counsel subsequently appointed or
17retained or through a guardian ad litem that the order to hold the adult expectant
18mother in custody be reheard. If the request is made, a rehearing shall take place
19as soon as possible. Any order to hold the adult expectant mother in custody shall
20be subject to rehearing for good cause, whether or not counsel was present.
SB264-SSA1,32,24
21(3) Continuation of custody. If the judge or juvenile court commissioner finds
22that the adult expectant mother should be continued in custody under the criteria
23of s. 48.205 (1m), the judge or juvenile court commissioner shall enter one of the
24following orders: