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:
SB264-SSA1,33,8
1(a) Release the adult expectant mother and impose reasonable restrictions on
2the adult expectant mother's travel, association with other persons or places of abode
3during the period of the order, including a condition requiring the adult expectant
4mother to return to other custody as requested; or subject the adult expectant mother
5to the supervision of an agency agreeing to supervise the adult expectant mother.
6Reasonable restrictions may be placed upon the conduct of the adult expectant
7mother which may be necessary to ensure the safety of the unborn child and of the
8child when born.
SB264-SSA1,33,109
(b) Order the adult expectant mother to be held in an appropriate manner
10under s. 48.207 (1m).
SB264-SSA1,33,13
11(4) Orders in writing. All orders to hold an adult expectant mother of an
12unborn child in custody shall be in writing, listing the reasons and criteria forming
13the basis for the decision.
SB264-SSA1,33,17
14(5) Amendment of order. An order under sub. (3) (a) imposing restrictions on
15an adult expectant mother of an unborn child may at any time be amended, with
16notice, so as to place the adult expectant mother in another form of custody for failure
17of the adult expectant mother to conform to the conditions originally imposed.
SB264-SSA1,33,22
18(6) Informal disposition. If the judge or juvenile court commissioner
19determines that the best interests of the unborn child and the public are served, the
20judge or juvenile court commissioner may enter a consent decree under s. 48.32 or
21order the petition dismissed and refer the matter to the intake worker for informal
22disposition in accordance with s. 48.245.
SB264-SSA1, s. 77
23Section
77. 48.227 (4) (e) 2. of the statutes is amended to read:
SB264-SSA1,34,1124
48.227
(4) (e) 2. That, with the consent of the child and the runaway home, the
25child remain in the care of the runaway home for a period of not more than 20 days.
1Without further proceedings, the child shall be released whenever the child
2indicates, either by statement or conduct, that he or she wishes to leave the home or
3whenever the runaway home withdraws its consent. During this time period not to
4exceed 20 days ordered by the court, the child's parent, guardian or legal custodian
5may not remove the child from the home but may confer with the child or with the
6person operating the home. If, at the conclusion of the time period ordered by the
7court the child has not left the home, and no petition concerning the child has been
8filed under s. 48.13,
48.133, 938.12 or 938.13, the child shall be released from the
9home. If a petition concerning the child has been filed under s. 48.13,
48.133, 938.12
10or 938.13, the child may be held in temporary physical custody under ss. 48.20 to
1148.21 or 938.20 to 938.21.
SB264-SSA1,34,1613
48.23
(2m) Right of expectant mother to counsel. (a) When an unborn child
14is alleged to be in need of protection or services under s. 48.133, the expectant mother
15of the unborn child, if the expectant mother is a child, shall be represented by counsel
16and may not waive counsel.
SB264-SSA1,34,2517
(b) If a petition under s. 48.133 is contested, no expectant mother may be placed
18outside of her home unless the expectant mother is represented by counsel at the
19fact-finding hearing and subsequent proceedings. If the petition is not contested,
20the expectant mother may not be placed outside of her home unless the expectant
21mother is represented by counsel at the hearing at which the placement is made. An
22adult expectant mother, however, may waive counsel if the court is satisfied that the
23waiver is knowingly and voluntarily made and the court may place the adult
24expectant mother outside of her home even though the adult expectant mother was
25not represented by counsel.
SB264-SSA1,35,2
1(c) For an expectant mother under 12 years of age, the judge may appoint a
2guardian ad litem instead of counsel.
SB264-SSA1,35,254
48.23
(4) Providing counsel. In any situation under this section in which a
5person has a right to be represented by counsel or is provided counsel at the
6discretion of the court and counsel is not knowingly and voluntarily waived, the court
7shall refer the person to the state public defender and counsel shall be appointed by
8the state public defender under s. 977.08 without a determination of indigency. If the
9referral is of a person who has filed a petition under s. 48.375 (7), the state public
10defender shall appoint counsel within 24 hours after that referral. Any counsel
11appointed in a petition filed under s. 48.375 (7) shall continue to represent the child
12in any appeal brought under s. 809.105 unless the child requests substitution of
13counsel or extenuating circumstances make it impossible for counsel to continue to
14represent the child. In any situation under sub. (2)
or (2m) in which a parent 18 years
15of age or
older over or an adult expectant mother is entitled to representation by
16counsel; counsel is not knowingly and voluntarily waived; and it appears that the
17parent
or adult expectant mother is unable to afford counsel in full, or the parent
or
18adult expectant mother so indicates; the court shall refer the parent
or adult
19expectant mother to the authority for indigency determinations specified under s.
20977.07 (1). In any other situation under this section in which a person has a right
21to be represented by counsel or is provided counsel at the discretion of the court,
22competent and independent counsel shall be provided and reimbursed in any
23manner suitable to the court regardless of the person's ability to pay, except that the
24court may not order a person who files a petition under s. 813.122 or 813.125 to
25reimburse counsel for the child who is named as the respondent in that petition.
SB264-SSA1,36,42
48.235
(1) (f) The court shall appoint a guardian ad litem, or extend the
3appointment of a guardian ad litem previously appointed under par. (a), for any
4unborn child alleged or found to be in need of protection or services.
SB264-SSA1,36,156
48.235
(3) Duties and responsibilities. (a) The guardian ad litem shall be an
7advocate for the best interests of the person
or unborn child for whom the
8appointment is made. The guardian ad litem shall function independently, in the
9same manner as an attorney for a party to the action, and shall consider, but shall
10not be bound by, the wishes of
such that person or the positions of others as to the
11best interests of
such that person
or unborn child. If the guardian ad litem
12determines that the best interests of the person are substantially inconsistent with
13the wishes of
such that person, the guardian ad litem shall so inform the court and
14the court may appoint counsel to represent that person. The guardian ad litem has
15none of the rights or duties of a general guardian.
SB264-SSA1,36,1916
(b) In addition to any other duties and responsibilities required of a guardian
17ad litem, a guardian ad litem appointed for a child who is the subject of a proceeding
18under s. 48.13
or for an unborn child who is the subject of a proceeding under s. 48.133 19shall do all of the following:
SB264-SSA1,36,2420
1. Unless granted leave by the court not to do so, personally, or through a
21trained designee, meet with the child
or expectant mother of the unborn child, assess
22the appropriateness and safety of the
child's environment
of the child or unborn child 23and, if the child is old enough to communicate, interview the child and determine the
24child's goals and concerns regarding his or her placement.
SB264-SSA1,37,2
12. Make clear and specific recommendations to the court concerning the best
2interest of the child
or unborn child at every stage of the proceeding.
SB264-SSA1,37,74
48.235
(4m) Matters involving unborn child in need of protection or
5services. (a) In any matter involving an unborn child found to be in need of
6protection or services, the guardian ad litem may, if reappointed or if the
7appointment is continued under sub. (7), do any of the following:
SB264-SSA1,37,98
1. Participate in permanency planning under ss. 48.38 and 48.43 (5) after the
9child is born.
SB264-SSA1,37,1010
2. Petition for a change in placement under s. 48.357.
SB264-SSA1,37,1211
3. Petition for termination of parental rights or any other matter specified
12under s. 48.14 after the child is born.
SB264-SSA1,37,1413
3m. Petition for a commitment of the expectant mother of the unborn child
14under ch. 51 as specified in s. 48.14 (5).
SB264-SSA1,37,1515
4. Petition for revision of dispositional orders under s. 48.363.
SB264-SSA1,37,1616
5. Petition for extension of dispositional orders under s. 48.365.
SB264-SSA1,37,1817
6. Petition for a temporary restraining order and injunction under s. 813.122
18or 813.125 after the child is born.
SB264-SSA1,37,2019
7. Petition for relief from a judgment terminating parental rights under s. 48.46
20after the child is born.
SB264-SSA1,37,2321
7g. Petition for the appointment of a guardian under s. 48.977 (2), the revision
22of a guardianship order under s. 48.977 (6) or the removal of a guardian under s.
2348.977 (7) after the child is born.
SB264-SSA1,37,2524
7m. Bring an action or motion for the determination of the child's paternity
25under s. 767.45 after the child is born.
SB264-SSA1,38,1
18. Perform any other duties consistent with this chapter.
SB264-SSA1,38,42
(b) The court shall order the agency identified under s. 48.355 (2) (b) 1. as
3primarily responsible for the provision of services to notify the guardian ad litem, if
4any, regarding actions to be taken under par. (a).
SB264-SSA1,38,96
48.235
(6) Communication to a jury. In jury trials under this chapter, the
7guardian ad litem or the court may tell the jury that the guardian ad litem represents
8the interests of the person
or unborn child for whom the guardian ad litem was
9appointed.
SB264-SSA1,38,1611
48.24
(1) Information indicating that a child
or an unborn child should be
12referred to the court as in need of protection or services shall be referred to the intake
13worker, who shall conduct an intake inquiry on behalf of the court to determine
14whether the available facts establish prima facie jurisdiction and to determine the
15best interests of the child
or unborn child and of the public with regard to any action
16to be taken.
SB264-SSA1,38,2118
48.24
(1m) As part of the intake inquiry, the intake worker shall inform the
19child and the child's parent, guardian and legal custodian that they
, or the adult
20expectant mother of an unborn child that she, may request counseling from a person
21designated by the court to provide dispositional services under s. 48.069.
SB264-SSA1,39,323
48.24
(2) (a) As part of the intake inquiry the intake worker may conduct
24multidisciplinary screens and intake conferences with notice to the child, parent,
25guardian and legal custodian
or to the adult expectant mother of the unborn child.
1If sub. (2m) applies, the intake worker shall conduct a multidisciplinary screen
2under s. 48.547 if the child
or expectant mother has not refused to participate under
3par. (b).
SB264-SSA1, s. 87
4Section
87. 48.24 (2m) (a) (intro.) of the statutes is amended to read:
SB264-SSA1,39,65
48.24
(2m) (a) (intro.) In counties that have
a pilot an alcohol and other drug
6abuse program under s. 48.547, a multidisciplinary screen shall be conducted for:
SB264-SSA1,39,98
48.24
(2m) (a) 6. Any expectant mother 12 years of age or over who requests
9and consents to a multidisciplinary screen.
SB264-SSA1,39,1411
48.24
(3) If the intake worker determines as a result of the intake inquiry that
12the child
or unborn child should be referred to the court, the intake worker shall
13request that the district attorney, corporation counsel or other official specified in s.
1448.09 file a petition.
SB264-SSA1,40,416
48.24
(5) The intake worker shall request that a petition be filed, enter into an
17informal disposition or close the case within 40 days or sooner of receipt of referral
18information. If the case is closed or an informal disposition is entered into, the
19district attorney, corporation counsel or other official under s. 48.09 shall receive
20written notice of such action. If a law enforcement officer has made a
21recommendation concerning the child
, or the unborn child and the expectant mother
22of the unborn child, the intake worker shall forward this recommendation to the
23district attorney, corporation counsel or other official under s. 48.09. With respect
24to petitioning a child
or unborn child to be in need of protection or services,
25information received more than 40 days before filing the petition may be included to
1establish a condition or pattern which, together with information received within the
240-day period, provides a basis for conferring jurisdiction on the court. The judge
3shall dismiss with prejudice any such petition which is not referred or filed within
4the time limits specified within this subsection.
SB264-SSA1, s. 91
5Section
91. 48.243 (1) (intro.), (a), (b), (c), (d), (e), (f) and (g) of the statutes are
6amended to read:
SB264-SSA1,40,117
48.243
(1) (intro.) Before conferring with the parent
, expectant mother or child
8during the intake inquiry, the intake worker shall personally inform parents
,
9expectant mothers and children 12 years of age or older who are the focus of an
10inquiry regarding the need for protection or services that the referral may result in
11a petition to the court and
of all of the following:
SB264-SSA1,40,1212
(a) What allegations could be in the petition
;.
SB264-SSA1,40,1313
(b) The nature and possible consequences of the proceedings
;.
SB264-SSA1,40,1514
(c) The right to remain silent and the fact that silence of any party may be
15relevant
;.
SB264-SSA1,40,1616
(d) The right to confront and cross-examine those appearing against them
;.
SB264-SSA1,40,1717
(e) The right
of the child to counsel under s. 48.23
;.
SB264-SSA1,40,1818
(f) The right to present and subpoena witnesses
;.
SB264-SSA1,40,1919
(g) The right to a jury trial
; and.