AB463-engrossed,84,12
24(6) Inpatient alcohol or drug treatment. (a) If, based on an evaluation under
25s. 48.295 and the report under s. 48.33, the judge finds that the adult expectant
1mother is in need of inpatient treatment for her habitual lack of self-control in the
2use of alcohol, controlled substances or controlled substance analogs, exhibited to a
3severe degree, that inpatient treatment is appropriate for the adult expectant
4mother's needs and that inpatient treatment is the least restrictive treatment
5consistent with the adult expectant mother's needs, the judge may order the adult
6expectant mother to enter an inpatient alcohol or other drug abuse treatment
7program at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility
8shall, under the terms of a service agreement between the county and the inpatient
9facility, or with the written and informed consent of the adult expectant mother,
10report to the agency primarily responsible for providing services to the adult
11expectant mother as to whether the adult expectant mother is cooperating with the
12treatment and whether the treatment appears to be effective.
AB463-engrossed,84,1413
(b) Payment for any treatment ordered under par. (a) shall be in accordance
14with s. 48.361.
AB463-engrossed,84,18
15(7) Services for child when born. If it appears that the unborn child may be
16born during the period of the dispositional order, the judge may order that the child,
17when born, be provided any services or care that may be ordered for a child in need
18of protection or services under s. 48.345.
AB463-engrossed,84,2320
48.35
(1) (b) (intro.) The disposition of a child
or an unborn child, and any record
21of evidence given in a hearing in court, shall not be admissible as evidence against
22the child
or the expectant mother of the unborn child in any case or proceeding in any
23other court except
as follows:
AB463-engrossed,85,3
148.35
(1) (b) 1. In sentencing proceedings after
conviction the child or expectant
2mother has been convicted of a felony or misdemeanor and then only for the purpose
3of a presentence study and report
;.
AB463-engrossed,85,65
48.35
(1) (b) 2. In a proceeding in any court assigned to exercise jurisdiction
6under this chapter and ch. 938
; or.
AB463-engrossed,85,118
48.35
(2) Except as specifically provided in sub. (1), this section does not
9preclude the court from disclosing information to qualified persons if the court
10considers the disclosure to be in the best interests of the child
or unborn child or of
11the administration of justice.
AB463-engrossed,86,313
48.355
(1) Intent. In any order under s. 48.345
or 48.347 the judge shall decide
14on a placement and treatment finding based on evidence submitted to the judge. The
15disposition shall employ those means necessary to maintain and protect the
child's 16well-being
of the child or unborn child which are the least restrictive of the rights
17of the parent
or and child
, of the rights of the parent and child expectant mother or
18of the rights of the adult expectant mother, and which assure the care, treatment or
19rehabilitation of the child and the family
, of the child expectant mother, the unborn
20child and the family or of the adult expectant mother and the unborn child, consistent
21with the protection of the public.
Whenever When appropriate, and, in cases of child
22abuse
and or neglect
or unborn child abuse, when it is consistent with the
child's best
23interest
of the child or unborn child in terms of physical safety and physical health
, 24the family unit shall be preserved and there shall be a policy of transferring custody
25of a child from the parent
or of placing an expectant mother outside of her home only
1where when there is no less drastic alternative. If there is no less drastic alternative
2for a child than transferring custody from the parent, the judge shall consider
3transferring custody to a relative whenever possible.
AB463-engrossed,86,105
48.355
(2) (a) In addition to the order, the judge shall make written findings
6of fact and conclusions of law based on the evidence presented to the judge to support
7the disposition ordered, including findings as to the
child's condition and need for
8special treatment or care
of the child or expectant mother if an examination or
9assessment was conducted under s. 48.295. A finding may not include a finding that
10a child
or an expectant mother is in need of psychotropic medications.
AB463-engrossed,86,1812
48.355
(2) (b) 1. The specific services or continuum of services to be provided
13to the child and family
, to the child expectant mother and family or to the adult
14expectant mother, the identity of the agencies which are to be primarily responsible
15for the provision of the services
mandated ordered by the judge, the identity of the
16person or agency who will provide case management or coordination of services, if
17any, and, if custody
of the child is to be transferred to effect the treatment plan, the
18identity of the legal custodian.
AB463-engrossed,87,320
48.355
(2) (b) 1m. A notice that the child's parent, guardian or legal custodian
21or, the child, if 14 years of age or over,
the expectant mother, if 14 years of age or over,
22or the unborn child by the unborn child's guardian ad litem may request an agency
23that is providing care or services for the child
or expectant mother or that has legal
24custody of the child to disclose to, or make available for inspection by, the parent,
25guardian, legal custodian
or, child
, expectant mother or unborn child by the unborn
1child's guardian ad litem the contents of any record kept or information received by
2the agency about the child
or expectant mother as provided in s. 48.78 (2) (ag)
and
3(aj).
AB463-engrossed,87,75
48.355
(2) (b) 2m. If the adult expectant mother is placed outside her home, the
6name of the place or facility, including transitional placements, where the expectant
7mother shall be treated.
AB463-engrossed,87,109
48.355
(2) (b) 7. A statement of the conditions with which the child
or expectant
10mother is required to comply.
AB463-engrossed,87,1712
48.355
(2) (d) The court shall provide a copy of
the a dispositional order
relating
13to a child in need of protection or services to the child's parent, guardian or trustee.
14The court shall provide a copy of a dispositional order relating to an unborn child in
15need of protection or services to the expectant mother, to the unborn child through
16the unborn child's guardian ad litem and, if the expectant mother is a child, to her
17parent, guardian or trustee.
AB463-engrossed,87,2419
48.355
(2m) Transitional placements. The court order may include the name
20of transitional placements, but may not designate a specific time when transitions
21are to take place. The procedures of ss. 48.357 and 48.363 shall govern when such
22transitions take place. However, the court may place specific time limitations on
23interim arrangements made for the care of the child
or for the treatment of the
24expectant mother pending the availability of the dispositional placement.
AB463-engrossed,88,7
148.355
(4) Termination of orders. Except as provided under s. 48.368, all
2orders under this section shall terminate at the end of one year unless the judge
3specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions
4shall terminate at the end of one year unless the judge specifies a shorter period of
5time. Any order made before the child reaches the age of majority
or before the
6unborn child is born shall be effective for a time up to one year after its entry unless
7the judge specifies a shorter period of time.
AB463-engrossed,88,119
48.355
(5) Effect of court order. Any party, person or agency who provides
10services for the child
or the expectant mother under this section shall be bound by
11the court order.
AB463-engrossed,88,1713
48.355
(7) (title)
Orders applicable to parents, guardians, legal custodians,
14expectant mothers and other adults. In addition to any dispositional order entered
15under s. 48.345
or 48.347, the court may enter an order applicable to
a child's the 16parent, guardian or legal custodian
of a child, to a family member of an adult
17expectant mother or to another adult
, as provided under s. 48.45.
AB463-engrossed,89,219
48.356
(1) Whenever the court orders a child to be placed outside his or her
20home
, orders an expectant mother of an unborn child to be placed outside of her home 21or denies a parent visitation because the child
or unborn child has been adjudged to
22be in need of protection or services under s. 48.345,
48.347 48.357, 48.363 or 48.365,
23the court shall orally inform the parent or parents who appear in court
or the
24expectant mother who appears in court of any grounds for termination of parental
25rights under s. 48.415 which may be applicable and of the conditions necessary for
1the child
or expectant mother to be returned to the home or for the parent to be
2granted visitation.
AB463-engrossed,89,74
48.356
(2) In addition to the notice required under sub. (1), any written order
5which places a child
or an expectant mother outside the home or denies visitation
6under sub. (1) shall notify the parent or parents
or expectant mother of the
7information specified under sub. (1).
AB463-engrossed,90,179
48.357
(1) The person or agency primarily responsible for implementing the
10dispositional order, the district attorney or the corporation counsel may request a
11change in the placement of the child
or expectant mother, whether or not the change
12requested is authorized in the dispositional order and shall cause written notice to
13be sent to the child
or the child's counsel or guardian ad litem,
the parent,
guardian
14and legal custodian of the child, any foster parent, treatment foster parent or other
15physical custodian described in s. 48.62 (2)
, guardian and legal custodian of the child,
16and, if the child is the expectant mother of an unborn child under s. 48.133, the
17unborn child by the unborn child's guardian ad litem. If the expectant mother is an
18adult, written notice shall be sent to the adult expectant mother and the unborn child
19by the unborn child's guardian ad litem. The notice shall contain the name and
20address of the new placement, the reasons for the change in placement, a statement
21describing why the new placement is preferable to the present placement and a
22statement of how the new placement satisfies objectives of the treatment plan
23ordered by the court. Any person receiving the notice under this subsection or notice
24of
the a specific
foster or treatment foster placement under s. 48.355 (2) (b) 2. may
25obtain a hearing on the matter by filing an objection with the court within 10 days
1of after receipt of the notice. Placements
shall may not be changed until 10 days after
2such that notice is sent to the court unless the parent, guardian or legal custodian
3and the child, if 12
or more years of age
or over, or the child expectant mother, if 12
4years of age or over, her parent, guardian or legal custodian and the unborn child by
5the unborn child's guardian ad litem, or the adult expectant mother and the unborn
6child by the unborn child's guardian ad litem, sign written waivers of objection,
7except that placement changes which were authorized in the dispositional order may
8be made immediately if notice is given as required in this subsection. In addition,
9a hearing is not required for placement changes authorized in the dispositional order
10except
where when an objection filed by a person who received notice alleges that new
11information is available which affects the advisability of the court's dispositional
12order. If a hearing is held under this subsection and the change in placement would
13remove a child from a foster home, treatment foster home or other placement with
14a physical custodian described in s. 48.62 (2), the court shall permit the foster parent,
15treatment foster parent or other physical custodian described in s. 48.62 (2) to make
16a written or oral statement during the hearing or to submit a written statement prior
17to the hearing, relating to the child and the requested change in placement.
AB463-engrossed,91,319
48.357
(2) If emergency conditions necessitate an immediate change in the
20placement of a child
or expectant mother placed outside the home, the person or
21agency primarily responsible for implementing the dispositional order may remove
22the child
or expectant mother to a new placement, whether or not authorized by the
23existing dispositional order, without the prior notice provided in sub. (1). The notice
24shall, however, be sent within 48 hours after the emergency change in placement.
25Any party receiving notice may demand a hearing under sub. (1). In emergency
1situations,
the a child may be placed in a licensed public or private shelter care
2facility as a transitional placement for not more than 20 days, as well as in any
3placement authorized under s. 48.345 (3).
AB463-engrossed,92,85
48.357
(2m) The child, the parent, guardian or legal custodian of the child
, the
6expectant mother, the unborn child by the unborn child's guardian ad litem or any
7person or agency primarily bound by the dispositional order, other than the person
8or agency responsible for implementing the order, may request a change in
9placement under this subsection. The request shall contain the name and address
10of the place of the new placement requested and shall state what new information
11is available which affects the advisability of the current placement. This request
12shall be submitted to the court. In addition, the court may propose a change in
13placement on its own motion. The court shall hold a hearing on the matter prior to
14ordering any change in placement under this subsection if the request states that
15new information is available which affects the advisability of the current placement,
16unless written waivers of objection to the proposed change in placement are signed
17by all parties entitled to receive notice under sub. (1) and the court approves. If a
18hearing is scheduled, the court shall notify the child, the parent, guardian and legal
19custodian of the child, any foster parent, treatment foster parent or other physical
20custodian described in s. 48.62 (2) of the child
and, all parties who are bound by the
21dispositional order
and, if the child is the expectant mother of an unborn child under
22s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify
23the adult expectant mother, the unborn child by the unborn child's guardian ad litem
24and all parties who are bound by the dispositional order, at least 3 days prior to the
25hearing. A copy of the request or proposal for the change in placement shall be
1attached to the notice. If all the parties consent, the court may proceed immediately
2with the hearing. If a hearing is held under this subsection and the change in
3placement would remove a child from a foster home, treatment foster home or other
4placement with a physical custodian described in s. 48.62 (2), the court shall permit
5the foster parent, treatment foster parent or other physical custodian described in
6s. 48.62 (2) to make a written or oral statement during the hearing or to submit a
7written statement prior to the hearing, relating to the child and the requested change
8in placement.
AB463-engrossed,92,1510
48.357
(5r) The court may not change the placement of an expectant mother
11of an unborn child in need of protection or services from a placement in the expectant
12mother's home to a placement outside of the expectant mother's home unless the
13court finds that the expectant mother is refusing or has refused to accept any alcohol
14or other drug abuse services offered to her or is not making or has not made a good
15faith effort to participate in any alcohol or other drug abuse services offered to her.
AB463-engrossed,92,2417
48.36
(2) If
an expectant mother or a child whose legal custody has not been
18taken from a parent or guardian is given educational and social services, or medical,
19psychological or psychiatric treatment by order of the court, the cost
thereof of those
20services or treatment, if ordered by the court, shall be a charge upon the county. This
21section does not prevent recovery of reasonable contribution toward the costs from
22the parent or guardian of the child
or from an adult expectant mother as the court
23may order based on the ability of the parent
or, guardian
or adult expectant mother 24to pay. This subsection
shall be is subject to s. 46.03 (18).
AB463-engrossed,93,2
148.361
(1) (b) Any special treatment or care that relates to alcohol or other drug
2abuse services ordered by a court under s. 48.345 (6) (a)
or 48.347 (4) (a).
AB463-engrossed,93,54
48.361
(1) (c) Any alcohol or other drug abuse treatment or education ordered
5by a court under s. 48.345 (6) (a)
or, (13)
or (14) or 48.347 (4) (a), (5) or (6) (a).
AB463-engrossed,93,177
48.361
(2) (a) 1m. If an adult expectant mother neglects, refuses or is unable
8to obtain court-ordered alcohol and other drug abuse services for herself through her
9health insurance or other 3rd-party payments, the judge may order the adult
10expectant mother to pay for the court-ordered alcohol and drug abuse services. If
11the adult expectant mother consents to obtain court-ordered alcohol and other drug
12abuse services for herself through her health insurance or other 3rd-party payments
13but the health insurance provider or other 3rd-party payer refuses to provide the
14court-ordered alcohol and other drug abuse services, the court may order the health
15insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other
16drug abuse services in accordance with the terms of the adult expectant mother's
17health insurance policy or other 3rd-party payment plan.
AB463-engrossed,93,2119
48.361
(2) (am) 1. If a court in a county that has
a pilot an alcohol or other drug
20abuse program under s. 48.547 finds that payment is not attainable under par. (a),
21the court may order payment in accordance with par. (b).
AB463-engrossed,94,223
48.361
(2) (am) 2. If a court in a county that does not have
a pilot an alcohol
24and other drug abuse program under s. 48.547 finds that payment is not attainable
1under par. (a), the court may order payment in accordance with s. 48.345 (6) (a)
,
248.347 (4) (a) or 48.36.
AB463-engrossed,94,94
48.361
(2) (b) 1. In counties that have
a pilot an alcohol and other drug abuse 5program under s. 48.547, in addition to using the alternative provided for under par.
6(a), the court may order a county department of human services established under
7s. 46.23 or a county department established under s. 51.42 or 51.437 in the child's
8county of legal residence to pay for the court-ordered alcohol and other drug abuse
9services whether or not custody has been taken from the parent.
AB463-engrossed,94,1611
48.361
(2) (b) 1m. In counties that have an alcohol and other drug abuse
12program under s. 48.547, in addition to using the alternative provided for under par.
13(a), the court may order a county department of human services established under
14s. 46.23 or a county department established under s. 51.42 or 51.437 in the adult
15expectant mother's county of legal residence to pay for the court-ordered alcohol and
16other drug abuse services provided for the adult expectant mother.
AB463-engrossed,94,2518
48.361
(2) (c) Payment for alcohol and other drug abuse services by a county
19department under this section does not prohibit the county department from
20contracting with another county department or approved treatment facility for the
21provision of alcohol and other drug abuse services. Payment by the county under this
22section does not prevent recovery of reasonable contribution toward the costs of the
23court-ordered alcohol and other drug abuse services from the parent
or adult
24expectant mother which is based upon the ability of the parent
or adult expectant
25mother to pay. This subsection is subject to s. 46.03 (18).
AB463-engrossed,95,52
48.362
(2) This section applies to the payment of court-ordered special
3treatment or care under s. 48.345 (6) (a), whether or not custody has been taken from
4the parent
, and to the payment of court-ordered special treatment or care under s.
548.347 (4) (a).
AB463-engrossed,95,177
48.362
(3m) If an adult expectant mother neglects, refuses or is unable to
8obtain court-ordered special treatment or care for herself through her health
9insurance or other 3rd-party payments, the judge may order the adult expectant
10mother to pay for the court-ordered special treatment or care. If the adult expectant
11mother consents to obtain court-ordered special treatment or care for herself
12through her health insurance or other 3rd-party payments but the health insurance
13provider or other 3rd-party payer refuses to provide the court-ordered special
14treatment or care, the judge may order the health insurance provider or 3rd-party
15payer to pay for the court-ordered special treatment or care in accordance with the
16terms of the adult expectant mother's health insurance policy or other 3rd-party
17payment plan.
AB463-engrossed,95,2319
48.362
(4) (a) If the judge finds that payment is not attainable under sub. (3)
20or (3m), the judge may order the county department under s. 51.42 or 51.437 of the
21child's county of legal residence
of the child or expectant mother to pay the cost of any
22court-ordered special treatment or care that is provided by or under contract with
23that county department.
AB463-engrossed,96,5
148.362
(4) (c) A county department that pays for court-ordered special
2treatment or care under par. (a) may recover from the parent
or adult expectant
3mother, based on the
parent's ability
of the parent or adult expectant mother to pay,
4a reasonable contribution toward the costs of
the court-ordered special treatment or
5care. This paragraph is subject to s. 46.03 (18).
AB463-engrossed,97,178
48.363
(1) A child, the child's parent, guardian or legal custodian,
an expectant
9mother, an unborn child by the unborn child's guardian ad litem, any person or
10agency bound by a dispositional order or the district attorney or corporation counsel
11in the county in which the dispositional order was entered may request a revision in
12the order that does not involve a change in placement, including a revision with
13respect to the amount of child support to be paid by a parent, or the court may on its
14own motion propose such a revision. The request or court proposal shall set forth in
15detail the nature of the proposed revision and what new information is available that
16affects the advisability of the court's disposition. The request or court proposal shall
17be submitted to the court. The court shall hold a hearing on the matter if the request
18or court proposal indicates that new information is available which affects the
19advisability of the court's dispositional order and prior to any revision of the
20dispositional order, unless written waivers of objections to the revision are signed by
21all parties entitled to receive notice and the court approves. If a hearing is held, the
22court shall notify the child, the child's parent, guardian and legal custodian, all
23parties bound by the dispositional order, the child's foster parent, treatment foster
24parent or other physical custodian described in s. 48.62 (2),
and the district attorney
25or corporation counsel in the county in which the dispositional order was entered
,
1and, if the child is the expectant mother of an unborn child under s. 48.133, the
2unborn child by the unborn child's guardian ad litem or shall notify the adult
3expectant mother, the unborn child through the unborn child's guardian ad litem, all
4parties bound by the dispositional order and the district attorney or corporation
5counsel in the county in which the dispositional order was entered, at least 3 days
6prior to the hearing. A copy of the request or proposal shall be attached to the notice.
7If the proposed revision is for a change in the amount of child support to be paid by
8a parent, the court shall order the child's parent to provide a statement of income,
9assets, debts and living expenses to the court and the person or agency primarily
10responsible for implementing the dispositional order by a date specified by the court.
11The clerk of court shall provide, without charge, to any parent ordered to provide a
12statement of income, assets, debts and living expenses a document setting forth the
13percentage standard established by the department of workforce development under
14s. 49.22 (9) and the manner of its application established by the department of health
15and family services under s. 46.247 and listing the factors that a court may consider
16under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with
17the hearing. No revision may extend the effective period of the original order.
AB463-engrossed,98,219
48.365
(1m) The parent, child, guardian, legal custodian,
expectant mother,
20unborn child by the unborn child's guardian ad litem, any person or agency bound
21by the dispositional order, the district attorney or corporation counsel in the county
22in which the dispositional order was entered or the court on its own motion, may
23request an extension of an order under s. 48.355
including an order under s. 48.355
24that was entered before the child was born. The request shall be submitted to the
1court which entered the order. No order under s. 48.355 may be extended except as
2provided in this section.
AB463-engrossed,98,144
48.365
(2) No order may be extended without a hearing. The court shall notify
5the child
or the child's guardian ad litem or counsel, the child's parent, guardian
, and 6legal custodian, all the parties present at the original hearing, the child's foster
7parent, treatment foster parent or other physical custodian described in s. 48.62 (2),
8and the district attorney or corporation counsel in the county in which the
9dispositional order was entered
and, if the child is an expectant mother of an unborn
10child under s. 48.133, the unborn child by the unborn child's guardian ad litem, or
11shall notify the adult expectant mother, the unborn child through the unborn child's
12guardian ad litem, all the parties present at the original hearing and the district
13attorney or corporation counsel in the county in which the dispositional order was
14entered, of the time and place of the hearing.
AB463-engrossed,98,2216
48.365
(2g) (a) At the hearing the person or agency primarily responsible for
17providing services to the child
or expectant mother shall file with the court a written
18report stating to what extent the dispositional order has been meeting the objectives
19of the plan for the
child's rehabilitation or care and treatment
. The juvenile offender
20review program may file a written report regarding any child examined by the
21program of the child or for the rehabilitation and treatment of the expectant mother
22and the care of the unborn child.
AB463-engrossed,99,424
48.365
(2m) (a) Any party may present evidence relevant to the issue of
25extension. The judge shall make findings of fact and conclusions of law based on the
1evidence, including a finding as to whether reasonable efforts were made by the
2agency primarily responsible for providing services to the child
or expectant mother 3to make it possible for the child to return to his or her home
or for the expectant
4mother to return to her home. An order shall be issued under s. 48.355.
AB463-engrossed,99,96
48.365
(2m) (b) If a child has been placed outside the home under s. 48.345
, or
7if an adult expectant mother has been placed outside the home under s. 48.347, and
8an extension is ordered under this subsection, the judge shall state in the record the
9reason for the extension.
AB463-engrossed,99,2211
48.396
(1) Law enforcement officers' records of children shall be kept separate
12from records of adults.
Law enforcement officers' records of the expectant mothers
13of unborn children shall be kept separate from records of other adults. Law
14enforcement officers' records of children
and the expectant mothers of unborn
15children shall not be open to inspection or their contents disclosed except under sub.
16(1b) or (1d) or s. 48.293 or by order of the court. This subsection does not apply to the
17representatives of newspapers or other reporters of news who wish to obtain
18information for the purpose of reporting news without revealing the identity of the
19child
or expectant mother involved, to the confidential exchange of information
20between the police and officials of the school attended by the child or other law
21enforcement or social welfare agencies or to children 10 years of age or older who are
22subject to the jurisdiction of the court of criminal jurisdiction.
AB463-engrossed,99,2524
48.396
(1b) If requested by the parent, guardian or legal custodian of a child
25who is the subject of a law enforcement officer's report, or if requested by the child,
1if 14 years of age or over, a law enforcement agency may, subject to official agency
2policy, provide to the parent, guardian, legal custodian or child a copy of that report.
3If requested by an expectant mother of an unborn child who is the subject of a law
4enforcement officer's report, if 14 years of age or over, or if requested by an unborn
5child through the unborn child's guardian ad litem, a law enforcement agency may,
6subject to official agency policy, provide to the expectant mother or unborn child by
7the unborn child's guardian ad litem a copy of that report.
AB463-engrossed,100,219
48.396
(1d) Upon the written permission of the parent, guardian or legal
10custodian of a child who is the subject of a law enforcement officer's report or upon
11the written permission of the child, if 14 years of age or over, a law enforcement
12agency may, subject to official agency policy, make available to the person named in
13the permission any reports specifically identified by the parent, guardian, legal
14custodian or child in the written permission.
Upon the written permission of an
15expectant mother of an unborn child who is the subject of a law enforcement officer's
16report, if 14 years of age or over, or of her parent, guardian or legal custodian, if under
1714 years of age, and of the unborn child by the unborn child's guardian ad litem, a
18law enforcement agency may, subject to official agency policy, make available to the
19person named in the permission any reports specifically identified by the expectant
20mother, or parent, guardian or legal custodian, and unborn child by the unborn
21child's guardian ad litem in the written permission.