AB463-engrossed,105,19
1848.52 (title)
Facilities for care of children and adult expectant mothers
19in care of department.
AB463-engrossed,105,2321
48.52
(1m) Facilities maintained or used for adult expectant mothers. The
22department may maintain or use the following facilities for adult expectant mothers
23in its care:
AB463-engrossed,105,2424
(a) Community-based residential facilities, as defined in s. 50.01 (1g).
AB463-engrossed,105,2525
(b) Inpatient facilities, as defined in s. 51.01 (10).
AB463-engrossed,106,2
1(c) Other facilities determined by the department to be appropriate for the
2adult expectant mother.
AB463-engrossed,106,104
48.52
(2) (a) In addition to the facilities and services described in sub. (1), the
5department may use other facilities and services under its jurisdiction. The
6department may also contract for and pay for the use of other public facilities or
7private facilities for the care and treatment of children
and the expectant mothers
8of unborn children in its care. Placements in institutions for the mentally ill or
9developmentally disabled shall be made in accordance with ss. 48.14 (5)
, 48.347 (6) 10and 48.63 and ch. 51.
AB463-engrossed,106,13
1248.547 (title)
Juvenile alcohol Alcohol and other drug abuse pilot
13program.
AB463-engrossed,107,515
48.547
(1) Legislative findings and purpose. The legislature finds that the use
16and abuse of alcohol and other drugs by children
and the expectant mothers of
17unborn children is a state responsibility of statewide dimension. The legislature
18recognizes that there is a lack of adequate procedures to screen, assess and treat
19children
and the expectant mothers of unborn children for alcohol and other drug
20abuse. To reduce the incidence of alcohol and other drug abuse by children
and the
21expectant mothers of unborn children, the legislature deems it necessary to
22experiment with solutions to the problems of the use and abuse of alcohol and other
23drugs by children
and the expectant mothers of unborn children by establishing a
24juvenile
and expectant mother alcohol and other drug abuse
pilot program in a
25limited number of counties. The purpose of the program is to develop intake and
1court procedures that screen, assess and give new dispositional alternatives for
2children
and expectant mothers with needs and problems related to the use of alcohol
3beverages, controlled substances or controlled substance analogs who come within
4the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch.
5938 in the
pilot counties selected by the department.
AB463-engrossed,107,177
48.547
(2) Department responsibilities. Within the availability of funding
8under s. 20.435 (7) (mb) that is available for the
pilot program, the department shall
9select counties to participate in the
pilot program. Unless a county department of
10human services has been established under s. 46.23 in the county that is seeking to
11implement a
pilot program, the application submitted to the department shall be a
12joint application by the county department that provides social services and the
13county department established under s. 51.42 or 51.437. The department shall select
14counties in accordance with the request for proposal procedures established by the
15department. The department shall give a preference to county applications that
16include a plan for case management.
The counties selected shall begin the pilot
17program on January 1, 1989.
AB463-engrossed,107,2419
48.547
(3) Multidisciplinary screen. (intro.)
By September 1, 1988, the The 20department shall
develop provide a multidisciplinary screen for the
pilot program.
21The screen shall be used by an intake worker to determine whether or not a child
or
22an expectant mother of an unborn child is in need of an alcohol or other drug abuse
23assessment. The screen shall also include indicators that screen children
and
24expectant mothers for:
AB463-engrossed,107,2525
(b) School
or, truancy
or work problems.
AB463-engrossed,108,1
1(d) Delinquent
or criminal behavior patterns.
AB463-engrossed,108,93
48.547
(4) Assessment criteria.
By September 1, 1988, the The department
4shall
develop provide uniform alcohol and other drug abuse assessment criteria to
5be used in the pilot program under ss. 48.245 (2) (a) 3. and 48.295 (1). An approved
6treatment facility that assesses a person under s. 48.245 (2) (a) 3. or 48.295 (1) may
7not also provide the person with treatment unless the department permits the
8approved treatment facility to do both in accordance with the criteria established by
9rule by the department.
AB463-engrossed,108,2011
48.57
(1) (a) To investigate the conditions surrounding nonmarital children
12and, children in need of protection or services
, including developmentally disabled
13children
, and unborn children in need of protection or services within the county and
14to take every reasonable action within its power to secure for them the full benefit
15of all laws enacted for their benefit. Unless provided by another agency, the county
16department shall offer social services to the caretaker of any child
, and to the
17expectant mother of any unborn child, who is referred to it under the conditions
18specified in this paragraph. This duty shall be discharged in cooperation with the
19court and with the public officers or boards legally responsible for the administration
20and enforcement of
these those laws.
AB463-engrossed,109,222
48.57
(1) (b) To accept legal custody of children transferred to it by the court
23under s. 48.355
, to accept supervision over expectant mothers of unborn children who
24are placed under its supervision under s. 48.355 and to provide special treatment and
25care
for children and expectant mothers if ordered by the court. A court may not
1order a county department to administer psychotropic medications to children
and
2expectant mothers who receive special treatment or care under this paragraph.
AB463-engrossed,109,164
48.57
(1) (c) To provide appropriate protection and services for children
and the
5expectant mothers of unborn children in its care, including providing services for
6those children and their families
and for those expectant mothers in their own
7homes, placing
the those children in licensed foster homes,
licensed treatment foster
8homes or
licensed group homes in this state or another state within a reasonable
9proximity to the agency with legal custody or contracting for services for
them those
10children by licensed child welfare agencies, except that the county department
shall 11may not purchase the educational component of private day treatment programs
12unless the county department, the school board as defined in s. 115.001 (7) and the
13department of education state superintendent of public instruction all determine
14that an appropriate public education program is not available. Disputes between the
15county department and the school district shall be resolved by the
department of
16education state superintendent of public instruction.
AB463-engrossed,109,2018
48.57
(1) (g) Upon request of the department of health and family services or
19the department of corrections, to provide service for any child
or expectant mother
20of an unborn child in the care of those departments.
AB463-engrossed,109,2522
48.57
(2) In performing the functions specified in sub. (1) the county
23department may avail itself of the cooperation of any individual or private agency or
24organization interested in the social welfare of children
and unborn children in the
25county.
AB463-engrossed,110,172
48.59
(1) The county department shall investigate the personal and family
3history and environment of any child transferred to its legal custody or placed under
4its supervision under s. 48.345
and of every expectant mother of an unborn child
5placed under its supervision under s. 48.347 and make any physical or mental
6examinations of the child
or expectant mother considered necessary to determine the
7type of care necessary for the child
or expectant mother. The county department
8shall screen a child
or expectant mother who is examined under this subsection to
9determine whether the child
or expectant mother is in need of special treatment or
10care because of alcohol or other drug abuse, mental illness or severe emotional
11disturbance. The county department shall keep a complete record of the information
12received from the court, the date of reception, all available data on the personal and
13family history of the child
or expectant mother, the results of all tests and
14examinations given the child
or expectant mother and a complete history of all
15placements of the child while in the legal custody or under the supervision of the
16county department
or of the expectant mother while under the supervision of the
17county department.
AB463-engrossed,110,2219
48.59
(2) At the department's request, the county department shall report to
20the department regarding children
who are in the legal custody or under the
21supervision of the county department
and expectant mothers of unborn children who
22are under the supervision of the county department.
AB463-engrossed,111,624
48.78
(2) (aj) Paragraph (a) does not prohibit an agency from making available
25for inspection or disclosing the contents of a record, upon the request of an expectant
1mother of an unborn child who is the subject of the record, if 14 years of age or over,
2or upon the request of an unborn child by the unborn child's guardian ad litem to the
3expectant mother or unborn child by the unborn child's guardian ad litem, unless the
4agency determines that inspection of those records by the expectant mother or
5unborn child by the unborn child's guardian ad litem would result in imminent
6danger to anyone.
AB463-engrossed,111,178
48.78
(2) (ap) Paragraph (a) does not prohibit an agency from making available
9for inspection or disclosing the contents of a record, upon the written permission of
10an expectant mother of an unborn child who is the subject of the record, if 14 years
11of age or over, and of her parent, guardian or legal custodian, if under 14 years of age,
12and of the unborn child by the unborn child's guardian ad litem, to the person named
13in the permission if the expectant mother, or parent, guardian or legal custodian, and
14unborn child by the unborn child's guardian ad litem specifically identify the record
15in the written permission, unless the agency determines that inspection of those
16records by the person named in the permission would result in imminent danger to
17anyone.
AB463-engrossed,111,20
1948.981 (title)
Abused or neglected children
and abused unborn
20children.
AB463-engrossed,111,2422
48.981
(1) (ct) "Indian unborn child" means an unborn child who, when born,
23may be eligible for affiliation with an Indian tribe or band in any of the following
24ways:
AB463-engrossed,111,2525
1. As a member of the tribe or band.
AB463-engrossed,112,2
12. As a person who is both eligible for membership in the tribe or band and the
2biological child of a member of the tribe or band.
AB463-engrossed,112,54
48.981
(1) (h) (intro.) "Subject" means a person
or unborn child named in a
5report or record as
either any of the following:
AB463-engrossed,112,87
48.981
(1) (h) 1m. An unborn child who is the victim or alleged victim of abuse
8or who is at substantial risk of abuse.
AB463-engrossed,112,1110
48.981
(1) (h) 2. A person who is suspected of abuse or neglect or who has been
11determined to have abused or neglected a child
or to have abused an unborn child.
AB463-engrossed,113,1213
48.981
(2) Persons required to report. A physician, coroner, medical
14examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or
15mental health professional, social worker, marriage and family therapist,
16professional counselor, public assistance worker, including a financial and
17employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or
18counselor, mediator under s. 767.11, child care worker in a day care center or child
19caring institution, day care provider, alcohol or other drug abuse counselor, member
20of the treatment staff employed by or working under contract with a county
21department under s. 46.23, 51.42 or 51.437, physical therapist, occupational
22therapist, dietitian, speech-language pathologist, audiologist, emergency medical
23technician or police or law enforcement officer having reasonable cause to suspect
24that a child seen in the course of professional duties has been abused or neglected
25or, having reasonable cause to suspect that an unborn child of an expectant mother
1seen in the course of professional duties has been abused, having reason to believe
2that a child seen in the course of professional duties has been threatened with abuse
3or neglect and that abuse or neglect of the child will occur
or having reason to believe
4that an unborn child of an expectant mother seen in the course of professional duties
5is at substantial risk of abuse shall, except as provided under
sub. subs. (2m)
and (2r),
6report as provided in sub. (3). Any other person, including an attorney, having reason
7to suspect that a child has been abused or neglected
or
, reason to suspect that an
8unborn child has been abused, reason to believe that a child has been threatened
9with abuse or neglect and that abuse or neglect of the child will occur
or reason to
10believe that an unborn child is at substantial risk of abuse may make such a report.
11No person making a report under this subsection may be discharged from
12employment for so doing.
AB463-engrossed,113,1414
48.981
(2m) (title)
Exception to reporting requirement; health care services.
AB463-engrossed,113,1716
48.981
(2r) Exception to reporting requirement; services for expectant
17mothers. (a) In this subsection:
AB463-engrossed,113,2018
1. "Alcohol or other drug abuse services" means any services relating to the
19prevention, education, diagnosis, evaluation, assessment, treatment, rehabilitation
20or care of a person suffering from an alcohol or other drug abuse impairment.
AB463-engrossed,114,221
2. "Alcohol or other drug abuse services provider" means a physician, nurse or
22other medical professional, a psychologist, social worker, marriage and family
23therapist, professional counselor, school counselor, alcohol or other drug abuse
24counselor or other mental health professional, a member of the treatment staff
25employed by or working under contract with a county department under s. 46.23,
151.42 or 51.437 or any other person who is providing alcohol or other drug abuse
2services.
AB463-engrossed,114,33
3. "Health care provider" has the meaning given in sub. (2m) (b) 1.
AB463-engrossed,114,54
4. "Health care service" means any medical or surgical services including any
5health care service described in sub. (2m) (b) 2.
AB463-engrossed,114,96
(b) Except as provided under par. (c), the following persons are not required to
7report as suspected or threatened abuse, as defined in s. 48.02 (1) (am), the habitual
8lack of self control of the expectant mother in the use of alcohol beverages, controlled
9substances or controlled substance analogs, exhibited to a severe degree:
AB463-engrossed,114,1110
1. An alcohol or other drug abuse services provider who provides any alcohol
11or other drug abuse services to an expectant mother of an unborn child.
AB463-engrossed,114,1412
2. A person who obtains information about an expectant mother of an unborn
13child who is receiving or who has received alcohol or other drug abuse services from
14an alcohol or other drug abuse services provider.
AB463-engrossed,114,1615
3. A health care provider who provides any health care services to an expectant
16mother of an unborn child.
AB463-engrossed,114,1917
4. A person who obtains information about an expectant mother of an unborn
18child who is receiving or who has received health care services from a health care
19provider.
AB463-engrossed,114,2320
(c) Any person described in par. (b) shall report as required under sub. (2) if the
21expectant mother is refusing or has refused to accept any alcohol or other drug abuse
22services offered to her or if the expectant mother is not making or has not made a good
23faith effort to participate in the alcohol or other drug abuse services offered to her.
AB463-engrossed,115,9
148.981
(3) (a)
Referral of report. A person required to report under sub. (2) shall
2immediately inform, by telephone or personally, the county department or the sheriff
3or city, village or town police department of the facts and circumstances contributing
4to a suspicion of child abuse or neglect
or of unborn child abuse or to a belief that
5abuse or neglect will occur. The sheriff or police department shall within 12 hours,
6exclusive of Saturdays, Sundays or legal holidays, refer to the county department all
7cases reported to it. The county department may require that a subsequent report
8be made in writing. Each county department shall adopt a written policy specifying
9the kinds of reports it will routinely report to local law enforcement authorities.
AB463-engrossed,115,1711
48.981
(3) (b) 1. Any person reporting under this section may request an
12immediate investigation by the sheriff or police department if the person has reason
13to suspect that
a child's the health or safety
of a child or of an unborn child is in
14immediate danger. Upon receiving such a request, the sheriff or police department
15shall immediately investigate to determine if there is reason to believe that the
16child's health or safety
of the child or unborn child is in immediate danger and take
17any necessary action to protect the child
or unborn child.
AB463-engrossed,115,2119
48.981
(3) (b) 2. If the investigating officer has reason under s. 48.19 (1) (c)
or
20(cm) or (d) 5.
or 8. to take a child into custody, the investigating officer shall take the
21child into custody and deliver the child to the intake worker under s. 48.20.
AB463-engrossed,116,223
48.981
(3) (b) 2m. If the investigating officer has reason under s. 48.193 (1) (c)
24or (d) 2. to take the adult expectant mother of an unborn child into custody, the
1investigating officer shall take the adult expectant mother into custody and deliver
2the adult expectant mother to the intake worker under s. 48.203.
AB463-engrossed,116,134
48.981
(3) (bm)
Notice of report to Indian tribal agent. (intro.) In a county
5which has wholly or partially within its boundaries a federally recognized Indian
6reservation or a bureau of Indian affairs service area for the
Winnebago Ho-Chunk 7tribe, if a county department which receives a report under par. (a) pertaining to a
8child
or unborn child knows that
he or she the child is an Indian child who resides
9in the county
or that the unborn child is an Indian unborn child whose expectant
10mother resides in the county, the county department shall provide notice, which shall
11consist only of the name and address of the child
or expectant mother and the fact
12that a report has been received about that child
or unborn child, within 24 hours to
13one of the following:
AB463-engrossed,116,1815
48.981
(3) (bm) 1. If the county department knows with which tribe or band the
16child is affiliated
, or with which tribe or band the unborn child, when born, may be
17eligible for affiliation, and it is a Wisconsin tribe or band, the tribal agent of that tribe
18or band.
AB463-engrossed,116,2420
48.981
(3) (bm) 2. If the county department does not know with which tribe or
21band the child is affiliated
, or with which tribe or band the unborn child, when born,
22may be eligible for affiliation, or the child
or expectant mother is not affiliated with
23a Wisconsin tribe or band, the tribal agent serving the reservation or
Winnebago 24Ho-Chunk service area where the child
or expectant mother resides.
AB463-engrossed,117,2
148.981
(3) (bm) 3. If neither subd. 1. nor 2. applies, any tribal agent serving a
2reservation or
Winnebago Ho-Chunk service area in the county.
AB463-engrossed,118,44
48.981
(3) (c) 1. Within 24 hours after receiving a report under par. (a), the
5county department or licensed child welfare agency under contract with the county
6department shall, in accordance with the authority granted to the county
7department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the
8child
or unborn child is in need of protection or services. The investigation shall be
9conducted in accordance with standards established by the department for
10conducting child abuse and neglect investigations
or unborn child abuse
11investigations. If the investigation is of a report of abuse or neglect or threatened
12abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have
13access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that
14does not disclose who is suspected of the abuse or neglect and in which the
15investigation does not disclose who abused or neglected the child, the investigation
16shall also include observation of or an interview with the child, or both, and, if
17possible, an interview with the child's parents, guardian or legal custodian. If the
18investigation is of a report of abuse or neglect or threatened abuse or neglect by a
19caregiver who continues to reside in the same dwelling as the child, the investigation
20shall also include, if possible, a visit to that dwelling. At the initial visit to the child's
21dwelling, the person making the investigation shall identify himself or herself and
22the county department or licensed child welfare agency involved to the child's
23parents, guardian or legal custodian. The county department or licensed child
24welfare agency under contract with the county department may contact, observe or
25interview the child at any location without permission from the child's parent,
1guardian or legal custodian if necessary to determine if the child is in need of
2protection or services, except that the person making the investigation may enter a
3child's dwelling only with permission from the child's parent, guardian or legal
4custodian or after obtaining a court order to do so.
AB463-engrossed,118,126
48.981
(3) (c) 2m. a. If the person making the investigation is an employe of the
7county department and he or she determines that it is consistent with the best
8interest of the unborn child in terms of physical safety and physical health to take
9the expectant mother into custody for the immediate protection of the unborn child,
10he or she shall take the expectant mother into custody under s. 48.08 (2), 48.19 (1)
11(cm) or 48.193 (1) (c) and deliver the expectant mother to the intake worker under
12s. 48.20 or 48.203.
AB463-engrossed,118,1913
b. If the person making the investigation is an employe of a licensed child
14welfare agency which is under contract with the county department and he or she
15determines that any unborn child requires immediate protection, he or she shall
16notify the county department of the circumstances and together with an employe of
17the county department shall take the expectant mother of the unborn child into
18custody under s. 48.08 (2), 48.19 (1) (cm) or 48.193 (1) (c) and deliver the expectant
19mother to the intake worker under s. 48.20 or 48.203.