LRBs0232/2
GMM:kaf:jf
1997 - 1998 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 SENATE BILL 264
October 22, 1997 - Offered by Senator Huelsman.
SB264-SSA1,3,23
1An Act to renumber and amend 48.207 (2), 48.243 (2), 48.27 (1), 48.27 (4)
2(intro.) and 48.985 (2) (a);
to amend 38.24 (1s), 46.001, 46.03 (7) (a), 46.238,
346.40 (7m), 46.51 (title), 46.51 (1), 46.51 (3), 46.51 (4), 46.51 (5), 46.95 (2) (a),
448.01 (1) (intro.), 48.01 (1) (a), 48.01 (1) (br), 48.01 (1) (dm), 48.02 (17m), 48.06
5(1) (a) 1., 48.06 (1) (a) 3., 48.06 (1) (am) 3., 48.06 (2) (c), 48.065 (1), 48.065 (2)
6(gm), 48.065 (3) (c), 48.065 (3) (e), 48.067 (1), 48.067 (2), 48.067 (3), 48.067 (4),
748.067 (6m), 48.067 (8), 48.069 (1) (a), 48.069 (1) (c), 48.07 (4), 48.08 (1), 48.09
8(5), 48.135 (title), 48.135 (1), 48.135 (2), 48.14 (5), 48.15, 48.185 (1), 48.185 (2),
948.19 (1) (c), 48.20 (title), 48.20 (7) (b), 48.20 (8), 48.205 (title), 48.205 (1) (intro.),
1048.205 (2), 48.207 (title), 48.207 (1) (intro.), 48.207 (1) (g), 48.208 (4), 48.21 (1)
11(b), 48.21 (3) (intro.), 48.21 (3) (b), 48.21 (6), 48.21 (7), 48.227 (4) (e) 2., 48.23 (4),
1248.235 (3), 48.235 (6), 48.24 (1), 48.24 (1m), 48.24 (2) (a), 48.24 (2m) (a) (intro.),
1348.24 (3), 48.24 (5), 48.243 (1) (intro.), (a), (b), (c), (d), (e), (f) and (g), 48.243 (3),
148.245 (1), 48.245 (2) (a) 1., 48.245 (2) (a) 2., 48.245 (2) (a) 3., 48.245 (2) (a) 4.,
248.245 (2) (c), 48.245 (2r), 48.245 (3), 48.245 (4), 48.245 (5), 48.245 (8), 48.25 (1),
348.25 (2), 48.255 (1) (intro.), 48.255 (2), 48.255 (3), 48.255 (4), 48.263 (1), 48.263
4(2), 48.27 (3) (a) 1., 48.27 (3) (b) 1. (intro.), 48.27 (8), 48.275 (1), 48.275 (2) (a),
548.275 (2) (b), 48.275 (2) (c), 48.275 (2) (cg) (intro.), 48.29 (1), 48.293 (2), 48.293
6(3), 48.295 (1), 48.295 (1c), 48.295 (1g), 48.295 (2), 48.295 (3), 48.297 (4), 48.297
7(5), 48.297 (6), 48.299 (1) (a), 48.299 (1) (ag), 48.299 (1) (b), 48.299 (4) (b), 48.299
8(5), 48.30 (1), 48.30 (2), 48.30 (3), 48.30 (6), 48.30 (7), 48.30 (8) (a), 48.30 (8) (c),
948.30 (9), 48.305, 48.31 (1), 48.31 (2), 48.31 (4), 48.31 (7), 48.315 (1) (a), 48.315
10(1) (b), 48.315 (1) (f), 48.32 (1), 48.32 (2) (a), 48.32 (2) (c), 48.32 (3), 48.32 (5)
11(intro.), 48.32 (5) (a), 48.32 (5) (b), 48.32 (6), 48.33 (1) (intro.), 48.33 (1) (a), 48.33
12(1) (b), 48.33 (1) (c), 48.33 (1) (d), 48.33 (1) (f), 48.33 (2), 48.33 (4) (intro.), 48.335
13(1), 48.345 (intro.), 48.345 (2), 48.345 (2m), 48.345 (13) (c), 48.35 (1) (b) (intro.),
1448.35 (1) (b) 1., 48.35 (1) (b) 2., 48.35 (2), 48.355 (1), 48.355 (2) (a), 48.355 (2) (b)
151., 48.355 (2) (b) 1m., 48.355 (2) (b) 7., 48.355 (2) (d), 48.355 (2m), 48.355 (4),
1648.355 (5), 48.355 (7), 48.356 (1), 48.356 (2), 48.357 (1), 48.357 (2), 48.357 (2m),
1748.36 (2), 48.361 (1) (b), 48.361 (1) (c), 48.361 (2) (am) 1., 48.361 (2) (am) 2.,
1848.361 (2) (b) 1., 48.361 (2) (c), 48.362 (2), 48.362 (4) (a), 48.362 (4) (c), 48.363
19(1), 48.365 (1m), 48.365 (2), 48.365 (2g) (a), 48.365 (2m) (a), 48.365 (2m) (b),
2048.396 (1), 48.396 (1b), 48.396 (1d), 48.396 (5) (b), 48.396 (5) (c), 48.396 (5) (e),
2148.415 (2) (a), 48.415 (2) (b) 1., 48.415 (2) (b) 2., 48.415 (2) (c), 48.44 (1), 48.45
22(1) (b), 48.45 (2), 48.46 (1), 48.48 (1), 48.48 (16), 48.52 (title), 48.52 (2) (a), 48.547
23(title), 48.547 (1), 48.547 (2), 48.547 (3) (intro.), (b) and (d), 48.547 (4), 48.57 (1)
24(a), 48.57 (1) (b), 48.57 (1) (c), 48.57 (1) (g), 48.57 (2), 48.59 (1), 48.59 (2), 48.981
25(title), 48.981 (1) (h) (intro.), 48.981 (1) (h) 2., 48.981 (2), 48.981 (3) (a), 48.981
1(3) (b) 1., 48.981 (3) (b) 2., 48.981 (3) (bm) (intro.), 48.981 (3) (bm) 1., 48.981 (3)
2(bm) 2., 48.981 (3) (bm) 3., 48.981 (3) (c) 1., 48.981 (3) (c) 3., 48.981 (3) (c) 5.,
348.981 (3) (c) 6., 48.981 (3) (c) 6m., 48.981 (3) (c) 7., 48.981 (3) (c) 8., 48.981 (3)
4(d) 1., 48.981 (3) (d) 2., 48.981 (4), 48.981 (7) (a) 1m., 48.981 (7) (a) 3m., 48.981
5(7) (a) 4., 48.981 (7) (a) 5., 48.981 (7) (a) 6., 48.981 (7) (a) 10., 48.981 (7) (a) 10m.,
648.981 (7) (a) 11., 48.981 (7) (a) 11m., 48.981 (7) (a) 11r., 48.981 (7) (a) 17., 48.981
7(8) (a), 48.981 (8) (b), 48.981 (8) (c), 48.981 (8) (d) 1., 48.981 (9), 48.985 (1), 51.13
8(4) (h) 4., 51.30 (4) (b) 9., 51.30 (4) (b) 11., 51.30 (4) (b) 14., 51.30 (4) (b) 17., 51.61
9(1) (intro.), 146.0255 (2), 146.0255 (3) (intro.), 146.82 (2) (a) 11., 757.69 (1) (g),
10808.075 (4) (a) 4., 813.122 (1) (a), 904.085 (4) (d), 905.04 (4) (e) (title) and
11938.245 (8); and
to create 48.01 (1) (am), 48.01 (1) (bm), 48.02 (1) (am), 48.02
12(19), 48.065 (2) (bm), 48.08 (3), 48.133, 48.19 (1) (cm), 48.19 (1) (d) 8., 48.193,
1348.20 (4m), 48.203, 48.205 (1) (d), 48.205 (1m), 48.207 (1m), 48.207 (2) (b),
1448.213, 48.23 (2m), 48.235 (1) (f), 48.235 (4m), 48.24 (2m) (a) 6., 48.255 (1m),
1548.27 (1) (b), 48.27 (3) (c), 48.27 (3) (d), 48.27 (4) (b), 48.345 (14), 48.345 (15),
1648.347, 48.355 (2) (b) 2m., 48.361 (2) (a) 1m., 48.361 (2) (b) 1m., 48.362 (3m),
1748.396 (2) (aj), 48.396 (2) (ap), 48.45 (1) (am), 48.45 (1r), 48.52 (1m), 48.78 (2)
18(aj), 48.78 (2) (ap), 48.981 (1) (ct), 48.981 (1) (h) 1m., 48.981 (3) (b) 2m., 48.981
19(3) (c) 2m., 51.30 (4) (b) 11m., 301.01 (2) (cm) and 905.04 (4) (e) 3. of the statutes;
20relating to: unborn children who are at substantial risk of serious physical
21injury due to the habitual lack of self-control of their expectant mothers in the
22use of alcohol beverages, controlled substances or controlled substance analogs,
23exhibited to a severe degree.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB264-SSA1,4,62
38.24
(1s) Additional fees. A district board may establish and charge a fee in
3addition to the fees under sub. (1m) for a court-approved alcohol or other drug abuse
4education program offered to individuals under s. 48.245 (2) (a) 4., 48.345 (13) (b),
548.347 (5) (b), 938.245 (2) (a) 4., 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343
6(10) (c) or 938.344 (2g) (a).
SB264-SSA1,4,17
846.001 Purposes of chapter. The purposes of this chapter are to conserve
9human resources in Wisconsin; to provide a just and humane program of services to
10children
and unborn children in need of protection or services
and, nonmarital
11children
and the expectant mothers of those unborn children; to prevent dependency,
12mental illness, developmental disability, mental infirmity and other forms of social
13maladjustment by a continuous attack on causes; to provide effective aid and services
14to all persons in need thereof and to assist those persons to achieve or regain
15self-dependence at the earliest possible date; to avoid duplication and waste of effort
16and money on the part of public and private agencies; and to coordinate and integrate
17a social welfare program.
SB264-SSA1,5,219
46.03
(7) (a) Promote the enforcement of laws for the protection of
20developmentally disabled children, children
and unborn children in need of
21protection or services and nonmarital children; and to this end cooperate with courts
22assigned to exercise jurisdiction under chs. 48 and 938
and
, licensed child welfare
23agencies and
public and private institutions
(public and private) and take the
24initiative in all matters involving the interests of
such those children
where and
25unborn children when adequate provision
therefor
for those interests has not
1already been made, including the establishment and enforcement of standards for
2services provided under
s. ss. 48.345
and 48.347.
SB264-SSA1,5,11
446.238 (title)
Infants whose mothers and unborn children whose
5expectant mothers abuse controlled substances or controlled substance
6analogs. If the county department under s. 46.215, 46.22 or 46.23 receives a report
7under s. 146.0255 (2), the county department shall offer to provide appropriate
8services and treatment to the child and the child's mother
or to the unborn child, as
9defined in s. 48.02 (19), and the expectant mother of the unborn child or the county
10department shall make arrangements for the provision of appropriate services or
11treatment.
SB264-SSA1,6,213
46.40
(7m) Use by county of community aids funds to pay private attorneys
14for certain proceedings under the children's code. Upon application by a county
15department under s. 46.215, 46.22 or 46.23 to the department for permission to use
16funds allocated to that county department under sub. (2) to employ private counsel
17for the purposes specified in this subsection and a determination by the department
18that use of funds for those purposes does not affect any federal grants or federal
19funding allocated under this section, the department and the county department
20shall execute a contract authorizing the county department to expend, as agreed
21upon in the contract, funds allocated to that county department under sub. (2) to
22permit the county department to employ private counsel to represent the interests
23of the state or county in proceedings under ch. 48 relating to child abuse or neglect
24cases
, unborn child abuse cases, proceedings to terminate parental rights and any
1ch. 48 cases or proceedings involving the Indian child welfare act,
25 USC 1901 to
21963.
SB264-SSA1,6,4
446.51 (title)
Child abuse and neglect
and unborn child abuse services.
SB264-SSA1,6,96
46.51
(1) From the amounts distributed under s. 46.40 (1) for services for
7children and families, the department shall distribute funds to eligible counties for
8services related to child abuse and neglect
and to unborn child abuse, including child
9abuse and neglect
and unborn child abuse prevention, investigation and treatment.
SB264-SSA1,6,1411
46.51
(3) The department shall distribute the funds under sub. (1) to counties
12that have a serious problem with child abuse and neglect
or with unborn child abuse 13according to eligibility criteria and distribution criteria to be developed by the
14department.
SB264-SSA1,6,1916
46.51
(4) A county may use the funds distributed under this section to fund
17additional foster parents and treatment foster parents to care for abused and
18neglected children and to fund additional staff positions to provide services related
19to child abuse and neglect
and to unborn child abuse.
SB264-SSA1,6,2421
46.51
(5) A county may not use the funds distributed under this section to
22reduce its expenditures from other sources for services related to child abuse and
23neglect
or to unborn child abuse below the level in the year before the year for which
24the funds are distributed.
SB264-SSA1,7,6
146.95
(2) (a) The secretary shall make grants from the appropriations under
2s. 20.435 (1) (cd) and (hh) to organizations for the provision of any of the services
3specified in sub. (1) (d). Grants may be made to organizations which have provided
4those domestic abuse services in the past or to organizations which propose to
5provide those services in the future. No grant may be made to fund services for child
6or unborn child abuse or abuse of elderly persons.
SB264-SSA1, s. 12
7Section
12. 48.01 (1) (intro.) of the statutes is amended to read:
SB264-SSA1,7,118
48.01
(1) (intro.) This chapter may be cited as "The Children's Code". In
9construing this chapter, the best interests of the child
or unborn child shall always
10be of paramount consideration. This chapter shall be liberally construed to
11effectuate the following express legislative purposes:
SB264-SSA1,8,213
48.01
(1) (a) While recognizing that the paramount goal of this chapter is to
14protect children
and unborn children, to preserve the unity of the family, whenever
15appropriate, by strengthening family life through assisting parents
and the
16expectant mothers of unborn children, whenever appropriate, in fulfilling their
17parental responsibilities
as parents or expectant mothers. The courts and agencies
18responsible for child welfare should assist parents
and the expectant mothers of
19unborn children in changing any circumstances in the home which might harm the
20child or
unborn child, which may require the child to be placed outside the home
or
21which may require the expectant mother to be taken into custody. The courts should
22recognize that they have the authority, in appropriate cases, not to reunite a child
23with his or her family. The courts and agencies responsible for child welfare should
24also recognize that instability and impermanence in family relationships are
25contrary to the welfare of children and should therefore recognize the importance of
1eliminating the need for children to wait unreasonable periods of time for their
2parents to correct the conditions that prevent their return to the family.
SB264-SSA1,8,164
48.01
(1) (am) To recognize that unborn children have certain basic needs
5which must be provided for, including the need to develop physically to their
6potential and the need to be free from physical harm due to the habitual lack of
7self-control of their expectant mothers in the use of alcohol beverages, controlled
8substances or controlled substance analogs, exhibited to a severe degree. It is further
9recognized that, when an expectant mother of an unborn child suffers from a
10habitual lack of self-control in the use of alcohol beverages, controlled substances or
11controlled substance analogs, exhibited to a severe degree, in order to ensure that the
12needs of the unborn child, as described in this paragraph, are provided for, the court
13may determine that it is in the best interests of the unborn child for the expectant
14mother to be ordered to receive treatment, including inpatient treatment, for that
15habitual lack of self-control, consistent with any applicable law relating to the rights
16of the expectant mother.
SB264-SSA1,8,2118
48.01
(1) (bm) To ensure that unborn children are protected against the
19harmful effects resulting from the habitual lack of self-control of their expectant
20mothers in the use of alcohol beverages, controlled substances or control substance
21analogs, exhibited to a severe degree.
SB264-SSA1,9,323
48.01
(1) (br) To encourage innovative and effective prevention, intervention
24and treatment approaches, including collaborative community efforts and the use of
25community-based programs, as significant strategies in planning and
1implementing legislative, executive and local government policies and programs
2relating to children and their families and substitute families
and to unborn children
3and their expectant mothers.
SB264-SSA1,9,75
48.01
(1) (dm) To divert children
and unborn children from formal proceedings
6under this chapter to the extent that this is consistent with protection of children
,
7unborn children and the public safety.
SB264-SSA1,9,139
48.02
(1) (am) When used in referring to an unborn child, serious physical harm
10inflicted on the unborn child, and the risk of serious physical harm to the child when
11born, caused by the habitual lack of self-control of the expectant mother of the
12unborn child in the use of alcohol beverages, controlled substances or controlled
13substance analogs, exhibited to a severe degree.
SB264-SSA1,9,2515
48.02
(17m) "Special treatment or care" means professional services which
16need to be provided to a child or his or her family to protect the well-being of the child,
17prevent placement of the child outside the home or meet the special needs of the
18child.
"Special treatment or care" also means professional services which need to be
19provided to the expectant mother of an unborn child to protect the physical health
20of the unborn child and of the child when born from the harmful effects resulting from
21the habitual lack of self-control of the expectant mother in the use of alcohol,
22controlled substances or controlled substance analogs, exhibited to a severe degree. 23This term includes, but is not limited to, medical, psychological or psychiatric
24treatment, alcohol or other drug abuse treatment or other services which the court
25finds to be necessary and appropriate.
SB264-SSA1,10,42
48.02
(19) "Unborn child" means an unborn human who is at that stage of fetal
3development when there is a reasonable likelihood of sustained survival outside the
4womb, with or without artificial support.
SB264-SSA1,10,206
48.06
(1) (a) 1. In counties with a population of 500,000 or more, the county
7board of supervisors shall provide the court with the services necessary for
8investigating and supervising cases by operating a children's court center under the
9supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The
10director is the chief administrative officer of the center and of the intake and
11probation sections and secure detention facilities of the center except as otherwise
12provided in this subsection. The director is charged with administration of the
13personnel and services of the sections and of the secure detention facilities, and is
14responsible for supervising both the operation of the physical plant and the
15maintenance and improvement of the buildings and grounds of the center. The
16center shall include investigative services for all children
and unborn children 17alleged to be in need of protection or services to be provided by the county
18department, and the services of an assistant district attorney or assistant
19corporation counsel or both, who shall be assigned to the center to provide
20investigative as well as legal work in the cases.
SB264-SSA1,11,1922
48.06
(1) (a) 3. The county board of supervisors shall develop policies and
23establish necessary rules for the management and administration of the nonjudicial
24operations of the children's court center. The director of the center shall report and
25is responsible to the director of the county department for the execution of all
1nonjudicial operational policies and rules governing the center, including activities
2of probation officers whenever they are not performing services for the court. The
3director of the center is also responsible for the preparation and submission to the
4county board of supervisors of the annual budget for the center except for the judicial
5functions or responsibilities which are delegated by law to the judge or judges and
6clerk of circuit court. The county board of supervisors shall make provision in the
7organization of the office of director for the devolution of the director's authority in
8the case of temporary absence, illness, disability to act or a vacancy in position and
9shall establish the general qualifications for the position. The county board of
10supervisors also has the authority to investigate, arbitrate and resolve any conflict
11in the administration of the center as between judicial and nonjudicial operational
12policy and rules. The county board of supervisors does not have authority and may
13not assert jurisdiction over the disposition of any case
or
, child
, unborn child or
14expectant mother of an unborn child after a written order is made under s. 48.21
or
1548.213 or if a petition is filed under s. 48.25. All personnel of the intake and probation
16sections and of the secure detention facilities shall be appointed under civil service
17by the director except that existing court service personnel having permanent civil
18service status may be reassigned to any of the respective sections within the center
19specified in this paragraph.
SB264-SSA1, s. 23
20Section
23. 48.06 (1) (am) 3. of the statutes is amended to read:
SB264-SSA1,12,221
48.06
(1) (am) 3. Each intake worker whose responsibilities include
22investigation or treatment of child abuse or neglect
or unborn child abuse shall
23successfully complete additional training in child abuse and neglect
and unborn
24child abuse protective services approved by the department under s. 48.981 (8) (d).
1Not more than 4 hours of the additional training may be applied to the requirement
2under subd. 1.
SB264-SSA1,12,94
48.06
(2) (c) Each intake worker whose responsibilities include investigation
5or treatment of child abuse or neglect
or unborn child abuse shall successfully
6complete additional training in child abuse and neglect
and unborn child abuse 7protective services approved by the department under s. 48.981 (8) (d). Not more
8than 4 hours of the additional training may be applied to the requirement under par.
9(b).
SB264-SSA1,12,1911
48.065
(1) The board of supervisors of any county may authorize the chief judge
12of the judicial administrative district to appoint one or more part-time or full-time
13juvenile court commissioners who shall serve at the discretion of the chief judge. A
14juvenile court commissioner shall be licensed to practice law in this state and shall
15have been so licensed for at least 2 years immediately prior to appointment and shall
16have a demonstrated interest in the welfare of children
and unborn children. The
17chief judge may assign law clerks, bailiffs and deputies to the court commissioner.
18The chief judge shall supervise juvenile court commissioners, law clerks, bailiffs and
19deputies, except that the chief judge may delegate any of those duties.
SB264-SSA1,12,2221
48.065
(2) (bm) Conduct hearings under s. 48.213 and thereafter order an adult
22expectant mother of an unborn child to be held in or released from custody.