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.
SB264-SSA1, s. 92
20Section
92. 48.243 (2) of the statutes is renumbered 48.243 (4) and amended
21to read:
SB264-SSA1,40,2322
48.243
(4) This section does not apply if the child
or expectant mother was
23present at a hearing under s. 48.21
or 48.213.
SB264-SSA1,41,8
148.243
(3) If the child
or expectant mother has not had a hearing under s. 48.21
2or 48.213 and was not present at an intake conference under s. 48.24, the intake
3worker shall inform the child, parent, guardian and legal custodian
, or expectant
4mother, as appropriate
of, of the basic rights
provided under this section.
This The 5notice shall be given verbally, either in person or by telephone, and in writing. This
6notice shall be given so as to allow the child, parent, guardian
or, legal custodian
or
7adult expectant mother sufficient time to prepare for the plea hearing. This
8subsection does not apply to cases of informal disposition under s. 48.245.
SB264-SSA1,41,1910
48.245
(1) The intake worker may enter into a written agreement with all
11parties which imposes informal disposition under this section if the intake worker
12has determined that neither the interests of the child
or unborn child nor of the public
13require filing of a petition for circumstances relating to ss. 48.13 to 48.14. Informal
14disposition shall be available only if the facts persuade the intake worker that the
15jurisdiction of the court, if sought, would exist and upon consent of the child, parent,
16guardian and legal custodian
; or upon consent of the child expectant mother, her
17parent, guardian and legal custodian and the unborn child, by the unborn child's
18guardian ad litem; or upon consent of the adult expectant mother and the unborn
19child, by the unborn child's guardian ad litem.
SB264-SSA1, s. 95
20Section
95. 48.245 (2) (a) 1. of the statutes is amended to read:
SB264-SSA1,41,2321
48.245
(2) (a) 1. That the child appear with a parent, guardian or legal
22custodian for counseling and advice
or that the adult expectant mother appear for
23counseling and advice.
SB264-SSA1, s. 96
24Section
96. 48.245 (2) (a) 2. of the statutes is amended to read:
SB264-SSA1,42,5
148.245
(2) (a) 2. That the child and a parent, guardian and legal custodian abide
2by such obligations as will tend to ensure the
child's rehabilitation, protection or care
3of the child or that the expectant mother abide by such obligations as will tend to
4ensure the protection or care of the unborn child and the rehabilitation of the
5expectant mother.
SB264-SSA1,42,157
48.245
(2) (a) 3. That the child
or expectant mother submit to an alcohol and
8other drug abuse assessment that conforms to the criteria specified under s. 48.547
9(4) and that is conducted by an approved treatment facility for an examination of the
10child's use of alcohol beverages, controlled substances or controlled substance
11analogs
by the child or expectant mother and any medical, personal, family or social
12effects caused by its use, if the multidisciplinary screen conducted under s. 48.24 (2)
13shows that the child
or expectant mother is at risk of having needs and problems
14related to the use of alcohol beverages, controlled substances or controlled substance
15analogs and its medical, personal, family or social effects.
SB264-SSA1, s. 98
16Section
98. 48.245 (2) (a) 4. of the statutes is amended to read:
SB264-SSA1,42,2117
48.245
(2) (a) 4. That the child
or expectant mother participate in an alcohol
18and other drug abuse outpatient treatment program or an education program
19relating to the abuse of alcohol beverages, controlled substances or controlled
20substance analogs, if an alcohol and other drug abuse assessment conducted under
21subd. 3. recommends outpatient treatment or education.
SB264-SSA1,43,323
48.245
(2) (c) If the informal disposition provides for alcohol and other drug
24abuse outpatient treatment under par. (a) 4., the child and the child's parent,
25guardian or legal custodian
, or the adult expectant mother, shall execute an informed
1consent form that indicates that they are
, or that she is, voluntarily and knowingly
2entering into an informal disposition agreement for the provision of alcohol and other
3drug abuse outpatient treatment.
SB264-SSA1,43,255
48.245
(2r) If an informal disposition is based on allegations that a child
or an
6unborn child is in need of protection or services, the intake worker may, after giving
7written notice to the child and the child's parent, guardian and legal custodian and
8their counsel, if any,
or after giving written notice to the child expectant mother, her
9parent, guardian and legal custodian and their counsel, if any, and the unborn child
10by the unborn child's guardian ad litem, or after giving written notice to the adult
11expectant mother, her counsel, if any, and the unborn child, by the unborn child's
12guardian ad litem, extend the informal disposition for up to an additional 6 months
13unless the child or the child's parent, guardian or legal custodian
, the child expectant
14mother, her parent, guardian or legal custodian or the unborn child by the unborn
15child's guardian ad litem, or the adult expectant mother or the unborn child by the
16unborn child's guardian ad litem, objects to the extension. If the child or the child's
17parent, guardian or legal custodian
, the child expectant mother, her parent,
18guardian or legal custodian or the unborn child by the unborn child's guardian ad
19litem, or the adult expectant mother or the unborn child by the unborn child's
20guardian ad litem, objects to the extension, the intake worker may recommend to the
21district attorney or corporation counsel that a petition be filed under s. 48.13
or
2248.133. An extension under this subsection may be granted only once for any
23informal disposition.
An extension under this subsection of an informal disposition
24relating to an unborn child who is alleged to be in need of protection or services may
25be granted after the child is born.
SB264-SSA1,44,72
48.245
(3) The obligations imposed under an informal disposition and its
3effective date shall be set forth in writing. The child and a parent, guardian and legal
4custodian
, the child expectant mother, her parent, guardian and legal custodian and
5the unborn child by the unborn child's guardian ad litem, or the adult expectant
6mother and the unborn child by the unborn child's guardian ad litem, shall receive
7a copy, as shall any agency providing services under the agreement.
SB264-SSA1,44,189
48.245
(4) The intake worker shall inform the child and the child's parent,
10guardian and legal custodian
, the child expectant mother, her parent, guardian and
11legal custodian and the unborn child by the unborn child's guardian ad litem, or the
12adult expectant mother and the unborn child by the unborn child's guardian ad litem, 13in writing of their right to terminate the informal disposition at any time or object
14at any time to the fact or terms of the informal disposition. If an objection arises the
15intake worker may alter the terms of the agreement or recommend to the district
16attorney or corporation counsel that a petition be filed. If the informal disposition
17is terminated the intake worker may recommend to the district attorney or
18corporation counsel that a petition be filed.
SB264-SSA1,44,2420
48.245
(5) Informal disposition shall be terminated upon the request of the
21child, parent, guardian or legal custodian
, upon request of the child expectant
22mother, her parent, guardian or legal custodian or the unborn child by the unborn
23child's guardian ad litem, or upon the request of the adult expectant mother or the
24unborn child by the unborn child's guardian ad litem.
SB264-SSA1,45,7
148.245
(8) If the obligations imposed under the informal disposition are met,
2the intake worker shall so inform the child and a parent, guardian and legal
3custodian
, the child expectant mother, her parent, guardian and legal custodian and
4the unborn child by the unborn child's guardian ad litem, or the adult expectant
5mother and the unborn child by the unborn child's guardian ad litem, in writing, and
6no petition may be filed on the charges that brought about the informal disposition
7nor may the charges be the sole basis for a petition under ss. 48.13 to 48.14.
SB264-SSA1,45,189
48.25
(1) A petition initiating proceedings under this chapter shall be signed
10by a person who has knowledge of the facts alleged or is informed of them and
11believes them to be true. The district attorney, corporation counsel or other
12appropriate official specified under s. 48.09 may file the petition if the proceeding is
13under s. 48.13
or 48.133. The counsel or guardian ad litem for a parent, relative,
14guardian or child may file a petition under s. 48.13 or 48.14.
The counsel or guardian
15ad litem for an expectant mother or the guardian ad litem for an unborn child may
16file a petition under s. 48.133. The district attorney, corporation counsel or other
17appropriate person designated by the court may initiate proceedings under s. 48.14
18in a manner specified by the court.
SB264-SSA1,46,1220
48.25
(2) If the proceeding is brought under s. 48.13
or 48.133, the district
21attorney, corporation counsel or other appropriate official shall file the petition, close
22the case, or refer the case back to intake within 20 days after the date that the intake
23worker's recommendation was filed. A referral back to intake may be made only
24when the district attorney, corporation counsel or other appropriate official decides
25not to file a petition or determines that further investigation is necessary. If the case
1is referred back to intake upon a decision not to file a petition, the intake worker shall
2close the case or enter into an informal disposition within 20 days. If the case is
3referred back to intake for further investigation, the appropriate agency or person
4shall complete the investigation within 20 days. If another referral is made to the
5district attorney, corporation counsel or other appropriate official, it shall be
6considered a new referral to which the time limits of this subsection shall apply. The
7time limits in this subsection may only be extended by a judge upon a showing of good
8cause under s. 48.315. If a petition is not filed within the time limitations set forth
9in this subsection and the court has not granted an extension, the petition shall be
10accompanied by a statement of reasons for the delay. The court shall dismiss with
11prejudice a petition which was not timely filed unless the court finds at the plea
12hearing that good cause has been shown for failure to meet the time limitations.
SB264-SSA1,46,1614
48.255
(1) (intro.) A petition initiating proceedings under this chapter
, other
15than a petition under s. 48.133, shall be entitled, "In the interest of (child's name),
16a person under the age of 18'' and shall set forth with specificity:
SB264-SSA1,46,2018
48.255
(1m) A petition initiating proceedings under s. 48.133 shall be entitled
19"In the interest of (J. Doe), an unborn child, and (expectant mother's name), the
20unborn child's expectant mother" and shall set forth with specificity:
SB264-SSA1,46,2321
(a) The estimated gestational age of the unborn child and a statement that the
22unborn child is at that stage of fetal development when there is a reasonable
23likelihood of sustained survival outside the womb, with or without artificial support.
SB264-SSA1,46,2424
(b) The name, birth date and address of the expectant mother.
SB264-SSA1,47,5
1(bm) The names and addresses of the parent, guardian, legal custodian or
2spouse, if any, of the expectant mother, if the expectant mother is a child, the name
3and address of the spouse, if any, of the expectant mother, if the expectant mother
4is an adult, or, if no such person can be identified, the name and address of the nearest
5relative of the expectant mother.